What is the Ruling on a Gift Given With Conditions in Islam?
Answered by Shaykh Dr. Muhammad Abu Bakr Badhib
Question
What is the ruling on a gift that is conditional upon a stipulation? Is it considered a valid gift, or is it invalidated by the stipulation?
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.
Definition of a Gift (Hiba)
The basic definition of a gift (hiba) is the transfer of ownership of an item without expecting anything in return during one’s lifetime. [Haytami, al-Manhaj al-Qawim]
If a condition or stipulation is introduced into the gift, its nature as a gift is altered, and it transitions from being a gift to being more akin to an exchange or a sale.
Conditional Gifts and Their Ruling
While exchanges or trades (muqayada) are permissible in Islamic law, they are not classified as gifts. A true gift is given without expecting anything in return. If a return is stipulated, then the return is treated as a sale item and must meet all conditions of a valid sale, including being present and specified (i.e., not unknown or absent), among other conditions detailed in the chapters on sales.
Special Categories: ‘Umra and Ruqba
It is also worth mentioning that certain rulings related to gifts fall under categories such as ‘umra and ruqba, which involve different types of conditional gifts and have specific rulings. However, these details go beyond the scope of this brief response.
And Allah (Most High) 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).
