Translation of Sahih Muslim, Book 12: The Book of Gifts (Kitab Al-Hibat) INTRODUCTION A Hiba is defined as the transfer of the possession of property, movable and immovable, from one person to the other willingly and without any reward. The one who makes this transfer is known as donor (Wahib), and the thing transferred is known as Mauhubah, and the one who is donated is known as Mauhub lahu (donee). The other words used in the language of the Shariah are Nihla or Atiyya. The act of Hiba is not complete unless the donor surrenders the possession of the thing donated. Moreover, the declaration of donation should be in clear terms without any ambiguity (around them). This act of donation is based on the following hadith of the Holy Prophet (may peace be upon him): Give presents to one another for this would increase your mutual love. This not only implies the legality of gifts, but the exhortation to give these to one another. There is perfect agreement amongst all the jurists that Hiba is valid in Islam. The act of donation can be made verbally or in writing by any person capable of making a contract. A gift by a person involved in debt is invalid, and gift in death illness cannot take effect beyond one-third of the assets of the deceased after defraying all necessary expenses. The donation can be made to a living person and not to one who is dead. The Shariah imposes certain restrictions on the property which is to be donated. In the first place, the property must be in existence at the time when the gift is given; hence the gift of oil in the sesame or of butter in the milk would not be valid. The property once given as a gift cannot be revoked except in some extraordinary circumstances. The father is entitled to get back the donation given by him from his children if be finds it contrary to the laws and spirit of the Shariah. The right to revoke a gift is called Raj. This act of revocation can be done with the decree of a competent court. Chapter 1: DISAPPROVAL OF BEUYING THE DONATED PROPERTY BY THE DONOR HIMSELF Book 012, Number 3949: Umar b. Khattab (Allah be pleased with him) reported: I donated a pedigree horse in the path of Allah. Its possesser made it languish. I thought that he would sell it at a cheap price. I asked Allahs Menengsr (may peace be upon him) about it, whereupon he said: Dont buy it and do not get back your charity, for one who gets back the charity is like a dog who swallows its vomit. This hadith has been narrated on the authority of Malik b. Anas with the same chain of transmitters but with this addition: Dont buy that even if he gives you for one dirham. Book 012, Number 3950: Zaid b. Aslam reported on the authority of his father that Umar (Allah be pleased with him) donated a horse in the path of Allah. He found that it had languished in the hand of its possessor, and he was a man of meagre resources He (Hadrat Umar) intended to buy it. He came to Allahs Messenger (may peace be upon him) and made a mention of that to him, whereupon he said: Dont buy that even if you get it for a dirham for he who gets back the charity is like a dog which swallows its vomit. Book 012, Number 3951: This hadith has been narrated on the authority of Zaid b. Aslam with the same chain of transmitters but with this (change) that the hadith transmitted on the authority of Malik and Rauh (he was the son of Qisirn) is more complete and lengthy. Book 012, Number 3952: Ibn Umar reported that Umar b. al-Khattib (Allah be pleased with him) donated a horse in the path of Allah and (later on) he found it being sold, and he decided to buy that. He asked the Messenger of Allah (may peace be upon him) about it. whereupon he (the Holy prophet) said: Dont buy that and do not get back what you gave in charity. Book 012, Number 3953: This hadith has been narrated on the authority of Ibn Umar through another chain of transmitters. Book 012, Number 3954: Salim reported from Ibn Umar (Allah be pleased with them) that Umar donated a horse in the path of Allah and then found it being sold, and he decided to buy that. He asked Allahs Apostle (may peace be upon him) about it, whereupon Allahs Messenger (may peace be upon him) said: Umar, do not get back what you gave as charity. Book 012, Number 3955: Ibn Abbas (Allah be pleased with them) reported Allahs Apostle (may peace be upon him) having said this: He who gets back his charity is like a dog which vomit, and then returns to that and eats it. Book 012, Number 3956: A hadith like this is reported on the authority of Muhammad son of Fatima (Allah be pleased with her) daughter of Allahs Messenger (may peace be upon him). Book 012, Number 3957: Ibn Abbas (Allah be pleased with them) reported: I heard Allahs Messenger (may peace be upon him) say: The similitude of one who gives a charity and then gets it back is like that of a dog which vomits and then eats its vomit. Book 012, Number 3958: Ibn Abbas (Allah be pleased with them) reported Allahs Apostle (may peace be upon him) as saying: One who gets back the gift is like one who eats vomit. Book 012, Number 3959: This hadith has been narrated on the authority of Qatada with the same chain of transmitters. Book 012, Number 3960: Abdullah b. Tawus reported on the authority of his father who reported from Ibn Abas (Allah be pleased with them) who reported from Allahs Messenger may peace be upon him) that he said: One who gets back his gift is like a dog which vomits and then swallows that vomit.
Posted on: Fri, 18 Jul 2014 08:41:49 +0000
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