A man stole money from a person and then returned it to him, saying it was a gift. Does this absolve him?
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The student: ...
The Shaykh : Okay, he asks: A man stole money from a person and then returned it to him, saying it was a gift. Does this absolve him?
No, it does not absolve him. He returned it as a gift, and the other accepted it as a gift, and the one who gave it to him has a favor over him, and he needs to reciprocate. For example, if he put down a riyal and said, "This is a gift," he would be deceiving. If he put down a thousand riyals with a riyal and said, "This is a gift for the sake of the riyal out of the thousand," that is not permissible. But, praise be to Allah, he says, "By Allah, I was in a state of foolishness..." And this often happens in the case of a minor, whereas the adult is not a thief, God willing. But while he is a minor, he steals from a shop or from his owner, taking a pen or a watch. He must return it to him and say, "This is a right you have over me." But if he said, for example, "This is from a person who has repented and stole it from you," and did not say "I" or anyone else, is that valid or not? That is valid. And it appears that this is based on the permissibility of the aggregate.
The Shaykh : Okay, he asks: A man stole money from a person and then returned it to him, saying it was a gift. Does this absolve him?
No, it does not absolve him. He returned it as a gift, and the other accepted it as a gift, and the one who gave it to him has a favor over him, and he needs to reciprocate. For example, if he put down a riyal and said, "This is a gift," he would be deceiving. If he put down a thousand riyals with a riyal and said, "This is a gift for the sake of the riyal out of the thousand," that is not permissible. But, praise be to Allah, he says, "By Allah, I was in a state of foolishness..." And this often happens in the case of a minor, whereas the adult is not a thief, God willing. But while he is a minor, he steals from a shop or from his owner, taking a pen or a watch. He must return it to him and say, "This is a right you have over me." But if he said, for example, "This is from a person who has repented and stole it from you," and did not say "I" or anyone else, is that valid or not? That is valid. And it appears that this is based on the permissibility of the aggregate.