He gave his brother a gift and he took it back as a debt, so does he sin if he returns it, and does his brother sin if he takes it?
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Fatwa number ( 6048 )
Q: What is the ruling in the religion regarding a person who was given a gift by his brother, but he considered it a debt owed to him, despite being certain that a gift is not to be returned according to the Shari'ah? Would he be sinful if he returned it to his brother, considering it a debt? And what is the ruling in the religion regarding the brother who gave the gift, affirming that it was a gift not to be returned, and then accepted taking it back from his brother as a debt, asking him to repay it?
A: There is no blame on him for returning it, but it is not permissible for the giver to ask
the recipient to return it to him, nor to accept it from him if he returns it of his own accord, unless the recipient refuses to keep it as a gift, in which case the giver may take it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Q: What is the ruling in the religion regarding a person who was given a gift by his brother, but he considered it a debt owed to him, despite being certain that a gift is not to be returned according to the Shari'ah? Would he be sinful if he returned it to his brother, considering it a debt? And what is the ruling in the religion regarding the brother who gave the gift, affirming that it was a gift not to be returned, and then accepted taking it back from his brother as a debt, asking him to repay it?
A: There is no blame on him for returning it, but it is not permissible for the giver to ask
the recipient to return it to him, nor to accept it from him if he returns it of his own accord, unless the recipient refuses to keep it as a gift, in which case the giver may take it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad, his family, and his Companions.
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.