What if I Received Gifts in the Past Without a Proper Legal Gift Format?

Answered by Ustadh Farid Dingle

Question

What if I received gifts in the past without a proper legal gift format?

Answer

Wa alaykum assalam wa rahmatullahi wa barakatuh,

Dear questioner,

Thank you for your important question.

As long as it was clear to both parties that it was a gift, there is no need to worry, even if either side never uttered words.

Having at least one person verbally state something, or write something, is only important with very expensive items. (Rawdat al-Talibin, Nawawi; al-Sharh al-Kabir, Rafi’i)

For example, there is no need to have anyone say anything regarding normal eid gifts, even if they cost hundreds of dollars. However, when it comes to giving some land or property, one should have it written down. 

This is because it is not normal for someone to gift one a house or some large piece of land by just dropping the key in one’s hand or letterbox. Relatively widespread common practice (‘urf) is to record such transfers of ownership officially. For this reason, it would not be valid without a verbal or written offer or a verbal or written acceptance. (Rawdat al-Talibin, Nawawi; al-Sharh al-Kabir, Rafi’i)

Please also see:

https://seekers.flywheelstaging.com/answers/general-counsel/a-reader-on-waswasa-baseless-misgivings/

I pray this helps.

[Ustadh] Farid

Checked and Approved by Shaykh Faraz Rabbani

Ustadh Farid Dingle has completed extensive years of study in the sciences of the Arabic language and the various Islamic Sciences. During his studies, he also earned a CIFE Certificate in Islamic Finance. Over the years, he has developed a masterful ability to craft lessons that help non-Arabic speakers gain a deep understanding of the language. He currently teaches courses in the Arabic Language.