The Meaning of Hiba in the Words of the Author of al-Rawd
Machine translationRead the Arabic original
Question:
The Honorable Shaykh, may Allah grant you success, says: The author of al-Rawd, regarding the text’s definition of “one to whom it transferred for a financial consideration,” said: “Such as sale, settlement, and gift in its meaning.” So what is the meaning of the gift?
Answer:
The gift in the sense of sale, meaning a gift for reward, a gift for reward. Because a gift is of two types: a gift of generosity and a gift for reward. The one who gives to merchants is seeking reward; he wants them to return to him more than what he gave. This is ruled as a sale. A partner gave his share to his partner as a gift for reward, meaning he wants a price in return for it. So his partner has the right of pre-emption (shuf'ah) against him, because this is in the meaning of a sale. Yes.
The Honorable Shaykh, may Allah grant you success, says: The author of al-Rawd, regarding the text’s definition of “one to whom it transferred for a financial consideration,” said: “Such as sale, settlement, and gift in its meaning.” So what is the meaning of the gift?
Answer:
The gift in the sense of sale, meaning a gift for reward, a gift for reward. Because a gift is of two types: a gift of generosity and a gift for reward. The one who gives to merchants is seeking reward; he wants them to return to him more than what he gave. This is ruled as a sale. A partner gave his share to his partner as a gift for reward, meaning he wants a price in return for it. So his partner has the right of pre-emption (shuf'ah) against him, because this is in the meaning of a sale. Yes.
Source
الفوزان -أشرطة- شرح زاد المستقنع مع الأسئلة - 061-الشفعة والوديعة - 15-1-24 هـ — archive.org (21:15)
The Arabic text is a machine transcription of the audio recording.