Is the prohibition of taking back a gift an exception for a father if he gave a gift to his son?
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The Shaykh : And another question arises here: Is this generality mentioned in this hadith, from another perspective, regarding the donor, if he gives to one of his descendants, such as a father giving to his son, also such that it is not permissible for the father to take back his gift? This is also a matter of scholarly disagreement, but the correct view is that the father is an exception to the prohibition, even though he has a share in this ugly comparison if he takes back the gift. In other words, the issue of a father giving a gift to his son involves two aspects: one is jurisprudential, and the other is a matter of taste, if that expression is correct. As for the first aspect, the jurisprudential one: Is it permissible for a father, if he gives a gift to his son, to take it back and have the right to demand it, or not? The answer is that it is permissible, in the sense that if a donor and a recipient go to a judge and one of them claims that he gave a gift to so-and-so and wants to take it back, the judge who wants to rule by what Allah has revealed looks at the donor. If he is a father, it is obligatory for the son to return the gift to his father. It is obligatory upon the father, and he is compelled to return what his father gave him to his father. But if the donor is not a father, in this case, the judge who rules by what Allah has revealed rules in favor of the recipient against the donor and says to the donor: It is not permissible for you to take it back, because the Messenger (peace be upon him) said: Sunan an-Nasa'i 3700Sahih (Darussalam) This is the jurisprudential or judicial aspect. As for the aspect of taste, the father has a share of this blame and this bad comparison when he gives a gift to his son and then takes it back. But I say to him: a certain share, I do not say that it applies to him entirely, because the father has rights over his son that are known in the Shari'ah. These rights soften the effect of this ugly trait if he falls into it. For example, the Messenger (peace and blessings be upon him) said to a man who came to the Prophet (peace and blessings be upon him) complaining about his father, saying: "My father wants to take my wealth." To take my wealth means to take my money. So he said to him (peace and blessings be upon him): And in another hadith:
So, when a father gives a gift to his son, this action is most like what the common people say today: "It is like putting something from one's pocket into one's own pocket." The source and the outlet are the same.
So, if a father gives a gift to his son and then takes it back, this is permissible because it is permissible for him to take from the wealth of his son that he earned with the labor of his hand and the sweat of his brow, as it is said. It is permissible for the father to take from this wealth whatever he needs. So it is even more permissible for him to take back money or a gift or a present that he gave from his wealth to his son. Because of this right of the father over the son, some rulings differ from the general principles. Among these rulings is what we are discussing: It is not permissible for anyone to take back a gift except a father with his son. In fact, there is something much more serious than that, which is his saying (peace and blessings be upon him):Sunan ad-Daraqutni 14:155, Sunan ad-Daraqutni 14:155; meaning: A father is not executed for his son. That is, if a father who has not committed a crime kills one of his sons, there is no doubt that this is a crime and the killing of a living soul without right. But the general ruling known in Islam, which is that the killer is executed, is not applied to this killer. The killer is executed; this is the general principle. But the father is an exception if he kills his son. He has committed a crime, without doubt, but from the judicial perspective, the father is not executed for his son. Because the one killed is a part of him, as if this father cut off one of his own limbs. There is no doubt that this is also not permissible in Islam, but there is no plaintiff and no defendant from him to him. Therefore, there are rulings in Islam that differ in terms of generality and specificity, including what we are explaining regarding this hadith. In summary, every person who gives a gift is forbidden from taking it back to his ownership, except a father if he gives to his son; it is permissible for him to take back this gift.
It does not befit us to leave bad examples
ليس لنا مثل السوءYou and your wealth belong to your father
أنت ومالك لأبيكThe best earnings are the earnings of a man from the work of his hand, and your children are from your earnings.
أطيب الكسب كسب الرجل من عمل يده ، وإنَّ أولادكم من كسبكمSo, when a father gives a gift to his son, this action is most like what the common people say today: "It is like putting something from one's pocket into one's own pocket." The source and the outlet are the same.
You and your wealth belong to your father
أنت ومالك لأبيكSo, if a father gives a gift to his son and then takes it back, this is permissible because it is permissible for him to take from the wealth of his son that he earned with the labor of his hand and the sweat of his brow, as it is said. It is permissible for the father to take from this wealth whatever he needs. So it is even more permissible for him to take back money or a gift or a present that he gave from his wealth to his son. Because of this right of the father over the son, some rulings differ from the general principles. Among these rulings is what we are discussing: It is not permissible for anyone to take back a gift except a father with his son. In fact, there is something much more serious than that, which is his saying (peace and blessings be upon him):
A father is not executed in retaliation for his son
لا يُقاد والد بولدهA father is not executed in retaliation for his son
لا يُقاد والد بولده
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
