Is It Permissible to Take Back a Gift in Islam?
Answered by Shaykh Dr. Muhammad Abu Bakr Badhib
Question
What is the ruling on taking back a gift, and is it always prohibited to do so?
Answer
In the name of Allah, and all praise is due to Allah, and blessings and peace be upon our master Muhammad, the Messenger of Allah, his Family, his Companions, and those who follow him.
A gift (hiba), as defined by Islamic scholars, is the transfer of ownership of an item during one’s lifetime without expecting anything in return. It carries the same meaning as a gift (hadya) or charity (sadaqa), and all of these fall under the general term bestowal (‘atiyya).
Giving gifts is among the recommended Sunna acts, as indicated by the general hadith:
“Give gifts to each other, and you will love each other.” [Bayhaqi, al-Sunan al-Qubra]
There are also authentic hadiths clarifying the rulings related to gifts and their acceptance, as the Prophet (Allah bless him and give him peace) used to accept gifts but refuse charity. [Abu Dawud]
One of the issues related to gifts is taking them back. Sometimes, a person may give a gift to another and then seek to revoke it, claiming that the recipient does not deserve it due to reasons such as anger or a change in opinion.
Ruling on Taking Back a Gift
The fundamental principle is that taking back a gift is discouraged based on the hadith:
“The one who takes back their gift is like the one who takes back their vomit.” [Bukhari; Muslim]
Is this discouragement an indication of prohibition or merely dislike (karaha)? Scholars have differed on this matter, holding two main opinions:
Disliked but Not Forbidden
The discouragement implies dislike (karaha), not prohibition, as the contract of gifting is not considered binding. It is a voluntary contract that remains flexible for both parties and does not become binding simply by verbal consent.
The gift only becomes binding upon the giver once the recipient takes possession of it. This is the opinion of the Hanafi, Shafi‘i, and Hanbali Schools. [Nawawi, al-Majmu‘; Ibn Qudama, al-Mughni; ‘Illaysh, Manh al-Jalil; Ibn Juzay, al-Qawanin al-Fiqhhiyya]
It is also supported by the consensus of the Companions without any dissenting views. They also state that it is permissible to take back a gift even after it has been received, if compensation is given, based on the hadith narrated by Abu Hurayra (Allah be pleased with him):
“The giver has more right to his gift as long as he has not been compensated for it.” [Ibn Maja]
Prohibited
The discouragement indicates prohibition, as the gift becomes binding simply by verbal agreement. This is the view of the Maliki School. [Sarakhsi, al-Mabsut]
It says that a gift becomes binding upon the contract alone, as suggested by the general wording of the Prophet’s (Allah bless him and give him peace) statement:
“The one who takes back their gift is like the one who takes back their vomit.” [Bukhari; Muslim]
Summary of the Ruling on Taking Back a Gift
This is a summary of the ruling on taking back a gift. It indicates that not all cases of taking back a gift are prohibited. It is permissible to take back a gift before the recipient has taken possession of it, according to the three schools of thought (Hanafi, Shafi‘i, and Hanbali), except for the Malikis.
According to these schools, once the gift is in the recipient’s possession, it becomes binding, while the Malikis hold that it becomes binding upon verbal agreement alone.
And Allah is the One who grants success and guides to the straight path.
[Shaykh] Dr. Muhammad Abu Bakr Badhib
Shaykh Dr Muhammad Abu Bakr Badhib is a prominent Islamic scholar from Yemen born in Shibam, Hadhramaut, in 1976. He received his degree in Shari‘a from Al-Ahqaf University, a master’s degree from the Islamic University of Beirut, and a PhD in Usul al-Din from Aligarh Muslim University (AMU).
He studied under great scholars such as Shaykh al-Habib Ahmad Mashhur al-Haddad, Shaykh Fadl Ba‘ fadl, Habib Salim al-Shatiri, Habib Ali Mashhur bin Hafeez, and others. He has served as the Director of Publications at Dar al-Fiqh, the former Deputy Director of Cultural Relations at Al-Ahqaf University, a former Assistant for Employee Affairs at Atiyah Iron Company, a researcher at the Sunna Center affiliated with the Dallah al-Baraka Foundation, and a researcher at Al-Furqan Foundation’s Makka al-Mukarrama and Madina al-Munawwara Encyclopedia branch.
Currently, he is a researcher at Al-Furqan Foundation’s Makka al-Mukarrama and Madina al-Munawwara Encyclopedia branch, teaches traditionally through the Ijaza system at Dar al-Fuqaha in Turkey, supervises the Arabic department at Nur al-Huda International Institute (SeekersGuidance), and is a member of the Board of Trustees of the Manuscript House in Istanbul.
His works include “The Efforts of Hadhramaut Jurists in Serving the Shafi‘i School,” “Contributions of Hadhramaut Scholars in Spreading Islam and its Sciences in India,” “Hada’iq al-Na‘im in Shafi‘i Fiqh,” in addition to verifying several books in Fiqh, history, the art of biographies, and Asanid (chains of narration).
