Sunnats and Aadaab of Giving and Receiving Gifts – Part 17

Different Situations when it is not permissible to take back a gift

a) If an item is gifted to someone, and the person to whom the item was gifted adds something to it which is inseparable (e.g. Zaid gifted Bakr a cup of milk, and Bakr added sugar into the cup of milk), then it is not permissible for the giver of the gift (Zaid) to ask for his gift back as the gift has been joined with the wealth of the one it was gifted to (Bakr) and cannot be separated from it. Even if the person to whom the item was gifted is happy to return the gift together with that which it was joined to, it will not be permissible, as Shariah does not allow this. Taking back the gift with the thing it was added to will amount to riba.

b) If either the one who gave the gift or the one to whom it was gifted passes away, then it is not permissible for the giver of the gift or his heirs (in the case of his demise) to ask for his gift back.

c) If the person to whom the item was gifted gives something in exchange of the gift, then it will not be permissible for the giver of the gift to ask for his gift back as in this case, he had received something in lieu of his gift. Hence, the end result of this exchange of both gifts to each other will fall under the law of a sale.

d) If the person to whom the item was gifted sells the item or gifts it to someone, then it will not be permissible for the giver of the gift to ask for his gift back as it is no longer in the possession of the person he had gifted the item to.

e) If the gift was destroyed, then the giver of the gift cannot ask for it back, nor ask for any other exchange.

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