Is it permissible to revoke a gift before it is delivered?
Machine translationRead the Arabic original
The questioner : Okay, now while you were speaking, you said that he must give the gift or be bound to fulfill this gift, before he delivers it...?
The Shaykh : Before he delivers it?
The questioner : Meaning, he is obligated to fulfill this gift?
The Shaykh : That is correct.
The student : If he said, "I want to give it."
The Shaykh : Be patient for a moment, I am thinking about this question.
The student : Does he have the right to revoke it before he delivers it?
The Shaykh : Be patient.
The questioner : Yes, does he have the right to revoke it before he delivers this gift that he gave?
The Shaykh : What do you mean bySahih al-Bukhari 2622? Do you mean that he stipulates that he delivers it, delivers it, and then takes it back from him?
The questioner : That is it...
The Shaykh : No, that is not a condition.
The student : Just the mere promise.
The Shaykh: Yes.
The student : Just the mere promise.
The Shaykh : Yes, just the mere act of giving; it is not permissible for him to revoke his gift, even if he has not delivered it, because he promised it, and in principle, one must fulfill a promise.
The student : ... .
The Shaykh : How?
The student : By saying that if he promised to give it...
The Shaykh: Yes.
The student : ... Shaykh 'Abd al-'Azim in the books of jurisprudence... he used to say that he has the right to revoke it before he delivers the gift, but after delivery, it is not permissible for him to revoke it?
Another student: What do you mean by[Al-Baqarah 2:177]?
The Shaykh: Yes.
The student : ... Perhaps the fulfillment is because it was stipulated.
The Shaykh : Because of what?
The student : That it was stipulated.
The Shaykh : Where was it stipulated?
The student : It was stipulated in the gift.
The Shaykh : Where was it stipulated? On what occasion? Do you mean a specific occasion or what?
The student : Any occasion, or the occasion of marriage.
The Shaykh : For example, I say to you: I want to give you a gift, is there an occasion here?
The student: No.
The Shaykh : Okay, is it obligatory to fulfill this gift or not? According to what you quoted, it is not obligatory.
The student: Yes.
The Shaykh : Is that not so? Okay, did I not promise you?
The student : ...
The Shaykh : Listen, my brother, did I promise you the gift or not?
The student : The promise, for me, is not considered a promise.
The Shaykh : May Allah forgive you, for you, who are you? You mean, who are you, an Arab Muslim, a foreigner, what do you mean?
The student : That is my understanding.
The Shaykh : What is your understanding?
The student : You put him in a difficult position.
Another student: ...
Another student: Allah the Exalted said.
The Shaykh : The verse, may Allah guide you, I did not hear it.
The student : .
The Shaykh : Did you hear the verse from the professor?
The student :[An-Nisa 4:4] ؟
The Shaykh : No,.
The student : Then, our Shaykh, more explicit than this:.
The Shaykh :As-Sunan al-Kubra lil-Nasa'i 39:207 .
The student : .
Another student: The most worthy of conditions to be fulfilled is that by which you made lawful the private parts, no, no, no.
Another student: The mahr, the mahr.
Another student: No, no.
Another student:.
The Shaykh: Yes.
The student : No, he means Shaykh 'Abd al-'Azim, may Allah have mercy on him if he has passed away, he mentioned you in good terms, may Allah guide him and increase him in strength.
The Shaykh: Amen.
The student : And firmness in the da'wah there.
The Shaykh: Amen.
The student : The truth is that we have missed 'Abd al-'Azim in this country.
The Shaykh : But he is doing good efforts, praise be to Allah.
The student : Yes, praise be to Allah.
Another student: It seems to me, my brother 'Abd al-'Azim.
Another student: It is permissible in the books of jurisprudence, meaning they mentioned something of that.
Another student: Yes, I say this is what the jurists passed in their books, that it is permissible to revoke a gift before delivery, but if it is delivered, it is not permissible, rather there is...
The Shaykh : The Hanafis permit it.
The student : Yes, they permit returning the gift after receiving it, and they demand it, they say, even in something stranger than this, they say: if the gift is something that can be spoiled or lost, it is not permissible for him to demand it if it is consumed, but if it is not consumed, it is permissible for him to demand it and return it. A strange matter.
Another student: They argued with the same hadithSahih al-Bukhari 2622, they said: the dog licks its vomit, so it is an animal that is not held accountable, so it licks its vomit.
Another student : ...
Another student: They said like this, the Messenger (peace and blessings be upon him) compared it, he said: the dog licks its vomit, and who prevents it from licking its vomit, so it licks its vomit.
Another student:[Al-Ma'idah 5:1]; meaning in a matter where not only did our Lord praise them.
The Shaykh : Before he delivers it?
The questioner : Meaning, he is obligated to fulfill this gift?
The Shaykh : That is correct.
The student : If he said, "I want to give it."
The Shaykh : Be patient for a moment, I am thinking about this question.
The student : Does he have the right to revoke it before he delivers it?
The Shaykh : Be patient.
The questioner : Yes, does he have the right to revoke it before he delivers this gift that he gave?
The Shaykh : What do you mean by
like a dog that swallows back its vomit
كالكلب يرجع في قَيْئِهThe questioner : That is it...
The Shaykh : No, that is not a condition.
The student : Just the mere promise.
The Shaykh: Yes.
The student : Just the mere promise.
The Shaykh : Yes, just the mere act of giving; it is not permissible for him to revoke his gift, even if he has not delivered it, because he promised it, and in principle, one must fulfill a promise.
The student : ... .
The Shaykh : How?
The student : By saying that if he promised to give it...
The Shaykh: Yes.
The student : ... Shaykh 'Abd al-'Azim in the books of jurisprudence... he used to say that he has the right to revoke it before he delivers the gift, but after delivery, it is not permissible for him to revoke it?
Another student: What do you mean by
[those who] fulfill their promise when they promise
وَالْمُوفُونَ بِعَهْدِهِمْ إِذَا عَاهَدُواThe Shaykh: Yes.
The student : ... Perhaps the fulfillment is because it was stipulated.
The Shaykh : Because of what?
The student : That it was stipulated.
The Shaykh : Where was it stipulated?
The student : It was stipulated in the gift.
The Shaykh : Where was it stipulated? On what occasion? Do you mean a specific occasion or what?
The student : Any occasion, or the occasion of marriage.
The Shaykh : For example, I say to you: I want to give you a gift, is there an occasion here?
The student: No.
The Shaykh : Okay, is it obligatory to fulfill this gift or not? According to what you quoted, it is not obligatory.
The student: Yes.
The Shaykh : Is that not so? Okay, did I not promise you?
The student : ...
The Shaykh : Listen, my brother, did I promise you the gift or not?
The student : The promise, for me, is not considered a promise.
The Shaykh : May Allah forgive you, for you, who are you? You mean, who are you, an Arab Muslim, a foreigner, what do you mean?
The student : That is my understanding.
The Shaykh : What is your understanding?
The student : You put him in a difficult position.
Another student: ...
Another student: Allah the Exalted said.
The Shaykh : The verse, may Allah guide you, I did not hear it.
The student :
And those who fulfill their covenant
وَالْمُوفُونَ بِعَهْدِهِمْThe Shaykh : Did you hear the verse from the professor?
The student :
And give the women [upon marriage] their [bridal]
وَآتُوا النِّسَاءَ صَدُقَاتِهِنَّThe Shaykh : No,
And those who fulfill their covenant
وَالْمُوفُونَ بِعَهْدِهِمْThe student : Then, our Shaykh, more explicit than this:
Every condition
كل شرطThe Shaykh :
That is not in the Book of Allah is invalid, even if it is a hundred conditions
ليس في كتاب الله فهو باطل ، وإن كان مئة شرطThe student :
Except a condition that made lawful what is lawful or made forbidden what is forbidden
إلا شرطًا أحَلَّ حلالًا أو حرَّمَ حرامًاAnother student: The most worthy of conditions to be fulfilled is that by which you made lawful the private parts, no, no, no.
Another student: The mahr, the mahr.
Another student: No, no.
Another student:
The most worthy of conditions to be fulfilled is that by which you made lawful the private parts
أحقُّ الشروط بالوفاء ما استحلَلْتُم به الفروجThe Shaykh: Yes.
The student : No, he means Shaykh 'Abd al-'Azim, may Allah have mercy on him if he has passed away, he mentioned you in good terms, may Allah guide him and increase him in strength.
The Shaykh: Amen.
The student : And firmness in the da'wah there.
The Shaykh: Amen.
The student : The truth is that we have missed 'Abd al-'Azim in this country.
The Shaykh : But he is doing good efforts, praise be to Allah.
The student : Yes, praise be to Allah.
Another student: It seems to me, my brother 'Abd al-'Azim.
Another student: It is permissible in the books of jurisprudence, meaning they mentioned something of that.
Another student: Yes, I say this is what the jurists passed in their books, that it is permissible to revoke a gift before delivery, but if it is delivered, it is not permissible, rather there is...
The Shaykh : The Hanafis permit it.
The student : Yes, they permit returning the gift after receiving it, and they demand it, they say, even in something stranger than this, they say: if the gift is something that can be spoiled or lost, it is not permissible for him to demand it if it is consumed, but if it is not consumed, it is permissible for him to demand it and return it. A strange matter.
Another student: They argued with the same hadith
like a dog that swallows back its vomit
كالكلب يرجع في قَيْئِهAnother student : ...
Another student: They said like this
like a dog that licks its own vomit
كالكلب يلغ في قَيْئِهAnother student:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
