Asking for a gift back

CategoriesMiscellaneous [606]
If a family make (buy) a house abroad and then the father gives it away to his brother because he was angry with the family and now he wants it back and his brother does not return it does that make him or his brother liable? jazakallah

In the name of Allah, the most Beneficent, the most Merciful.

Answer

To ask for a gift back is impermissible in the following seven situations;

  1. From relatives.
  2. Husband and wife relationship.
  3. To take or accept a reward after accepting the gift.
  4. The gift has left the ownership of the person whom the gift was given to.
  5. If the giver or the person the gift was given to passed away.
  6. If the gift has perished.
  7. If the gift has increased in nature, such as a piece of cloth and the person has dyed it. (Al Ikhtiyar p.51 v.3)

However, if the giver and person whom the gift was given to are happy to return it back then it will be permissible. Similarly, if the Qadhi (Islamic judge) was to pass a judgement for the gift to be returned then it will be permissible to return the gift back to the giver. (Hidayah p.290 v.3)

With regards to your question, as your father is asking for a gift from his brother it will fall under the relative context as mentioned above, hence, without the happiness of the brother it will not be permissible for your father to ask for the gift back.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham.

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