The Ruling on Witnessing a Gift
Machine translationRead the Arabic original
Question:
Is witnessing a gift recommended, or is it obligatory?
Answer:
Yes,Sunan Abi Dawud 3542 because the donor may retract the gift, and circumstances may change. Therefore, the minimum requirement for witnessing is that it is recommended, just as witnessing a sale is at least recommended. [Al-Baqarah: 282] The minimum requirement for that is that it is recommended.
Q: He called it charity (and my father retracted that charity)?
The Shaykh: Regarding his son...
Q: Are a gift or a present called "charity"?
The Shaykh: If he intends the reward, it becomes charity.
Q: Does the imam, the judge, or the governor not testify?
The Shaykh: If he has them testify, he has them testify regarding a gift or a sale. There is no ruling on that; this is testimony.
Q: Regarding giving him a reward to encourage him?
The Shaykh: He does not give him anything special except for the obligatory maintenance. There is no harm in the obligatory maintenance; everyone is given according to his capacity. However, if it is merely encouragement, such as for memorization or something like that, no, he does not give them money. He encourages them with words. Otherwise, if he gives one person encouragement, he must give the others the same.
Is witnessing a gift recommended, or is it obligatory?
Answer:
Yes,
call some other person than me as witness to it
أشهد على هذا غيريAnd take witnesses when you conclude a contract
وَأَشْهِدُوا إِذَا تَبَايَعْتُمْQ: He called it charity (and my father retracted that charity)?
The Shaykh: Regarding his son...
Q: Are a gift or a present called "charity"?
The Shaykh: If he intends the reward, it becomes charity.
Q: Does the imam, the judge, or the governor not testify?
The Shaykh: If he has them testify, he has them testify regarding a gift or a sale. There is no ruling on that; this is testimony.
Q: Regarding giving him a reward to encourage him?
The Shaykh: He does not give him anything special except for the obligatory maintenance. There is no harm in the obligatory maintenance; everyone is given according to his capacity. However, if it is merely encouragement, such as for memorization or something like that, no, he does not give them money. He encourages them with words. Otherwise, if he gives one person encouragement, he must give the others the same.
Source
binbaz.org.sa
The Arabic text is copied verbatim from the original source, without any edits.
