A gift becomes a sale when it has a consideration
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, what is the ruling on a gift accompanied by the receipt of a price, such as if I give my land to my brother and receive a price in exchange for this gift, knowing that the land is not declared by the authority to be for sale?
Answer:
This is not a gift; this is a sale. If the conditions of a sale are met, it is a sale. If they are not met, it is neither a sale nor a gift. A gift has no consideration; a gift is a voluntary act with no consideration. If it has a consideration, it becomes a sale. Yes.
He says: Honorable Shaykh, may Allah grant you success, what is the ruling on a gift accompanied by the receipt of a price, such as if I give my land to my brother and receive a price in exchange for this gift, knowing that the land is not declared by the authority to be for sale?
Answer:
This is not a gift; this is a sale. If the conditions of a sale are met, it is a sale. If they are not met, it is neither a sale nor a gift. A gift has no consideration; a gift is a voluntary act with no consideration. If it has a consideration, it becomes a sale. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1493 -2802] الهبة إذا صار لها عوض صارت بيعا - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.