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Islam: Questions And Answers - Jurisprudence and Islamic Rulings: General and Transactions - Part 1

by Muhammad Saed Abdul-Rahman

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Jurisprudence and Islamic Rulings: General and Transactions - Part 1

Chapter 4

Transactions

Gifts and Presents

49015: Ruling on lender accepting a gift from the borrower

Question:

Someone borrowed some money from me, and he gave me a gift before he paid back the loan. What is the ruling on my accepting this gift?.


Answer:

Praise be to Allaah.

If the person who borrowed from you was in the habit of giving you gifts before the loan, such as if he was a friend or relative of yours etc, then there is nothing wrong with your accepting the gift in that case, because it had nothing to do with the loan.

But if this person was not in the habit of giving you gifts, it is not permissible for you to accept it, because it may be because of the loan, and if you accept it you may fall into riba (usury), because the basic principle regarding loans is that "Every loan which brings a benefit is riba," and this loan will have brought you a benefit. See questions no. 30842 and 39505.

Also: he may be giving it to you to make you agree to delay asking for repayment, which is also a kind of riba.

This is indicated by the report narrated by Ibn Maajah (2432) from Yahya ibn Abi Ishaaq who said: I asked Anas ibn Maalik: What if man gives his brother a loan, then (the borrower) gives him a gift? The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "If any one of you borrows something then he gives (the lender) a gift or gives him a ride on his riding-beast, he should not accept the gift or the ride, unless they used to treat each other in that manner beforehand." Classed as hasan by Shaykh al-Islam Ibn Taymiyah in al-Fataawa al-Kubra, 6/159.

Ibn Sireen narrated that `Umar (may Allaah be pleased with him) lent Ubayy ibn Ka'b (may Allaah be pleased with him) ten thousand dirhams, and Ubayy ibn Ka'b gave him a gift of some fruit from his land, but he returned that to him and did not accept it. Ubayy came to him and said: "The people of Madeenah know that I grow some of the best fruit and I have no need of it, so why did you refuse my gift?" Then later on he sent him (some fruit) and he accepted it. Ibn al-Qayyim said: `Umar refused it because he thought that the gift was because of the loan. When he realized that it was not because of the loan, he accepted it. This is the decisive answer concerning the issue of accepting a gift from a debtor.

Al-Bukhaari narrated in his Saheeh (3814) that Abu Burdah said: I came to Madeenah and met `Abd-Allaah ibn Salaam (may Allaah be pleased with him). He said to me: "You are in a country where the practice of Riba (i.e. usury) is prevalent; so if somebody owes you something and he sends you a present of a load of chopped straw or a load of barley or a load of fodder then do not take it, as it is Riba."

This view was narrated from several of the Sahaabah. Ibn al-Qayyim said in I'laam al-Muwaqqi'een (3/136): It was narrated from more than one of them (i.e., the Sahaabah) _ such as Ubayy ibn Ka'b, Ibn Mas'ood, `Abd-Allaah ibn Salaam, Ibn `Umar and Ibn `Abbaas _ that they forbade the lender to accept a gift from the borrower, and they regarded accepting it as riba.

Al-Shawkaani said in Nayl al-Awtaar (6/257):

The point is that if gifts, loans etc are given for the sake of delaying payment of the loan, or as a bribe to the one who gave the loan, or so that the one who gave the loan will benefit as a result of his loan, that is haram, because it is a kind of riba or bribe. But if that is because the lender and borrower used to do that before this loan, then there is nothing wrong with it. If that is not done for any obvious purpose then it seems that the general prohibition should apply in this case.

Some of the scholars are of the view that it is permissible for the lender to accept a gift from the borrower, but it is better not to do so, to be on the safe side. Ibn al-Qayyim said in I'laam al-Muwaqqi'een (3/136): The Sunnah of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the way of his companions is more deserving of being followed.

I say:

Is there any other solution apart from refusing the gift or falling into riba?

The answer is: Yes. If you insist on accepting the gift, you have two choices: you can respond in kind, giving something of equal or greater value, or you can regard it as part of the debt and waive the value of the gift from the amount owed.

Sa'eed ibn Mansoor narrated in his Sunan from `Abd-Allaah ibn `Umar that a man came to him and said: I lent money to a man whom I do not know and he gave me a valuable gift. He said: Give his gift back to him, or count it as part of the repayment.

Sa'eed ibn Mansoor also narrated that Saalim ibn Abi'l-Ja'd said: A man came to Ibn `Abbaas and said: I lent twenty dirhams to a man who sells fish and he gave me a fish which I estimated was worth thirteen dirhams. He said: Take seven dirhams from him.

See al-Fataawa al-Kubra by Ibn al-Qayyim, 6/159.

Shaykh Ibn `Uthaymeen said in al-Sharh al-Mumti' (9/61):

If someone were to say: So long as this is haraam, why shouldn't he just give it back in the first place?

We say: because he may feel too shy or embarrassed to return it, or he may hurt his companion deeply if he gives it back. So we say: Take it, and plan to repay him with a gift of equal or greater value, or to deduct its value from the loan. There is nothing wrong with this.

What we have stated above about it being haraam applies if the gift is given before the loan is paid off. If it is given after the loan is paid off, there is nothing wrong with accepting it.

Shaykh Ibn `Uthaymeen said in al-Sharh al-Mumti' (9/59):

If he is given a gift shortly after the loan is paid off or a long time after that, it is permissible.

See al-Mughni, 6/437; al-Sharh al-Mumti', 9/59-61.

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22181: Accepting a gift with strings attached from a non-Muslim

Question:

I am a Muslim student studying in America. We are planning to build an Islamic center in the town where I am staying. The university has donated the land where the center is to be built, but they have stipulated a number of conditions in the contract according to which we may get the land and build our center on it. This has made some of the brothers object to accepting this land.
These conditions include the following:

1- That the administration of the center be subject to state and university laws.

2- That the university has the right to take back its gift and resume ownership of the land.

3- That the center should not be only for Muslims, rather it should be for Muslims and others.

Is it permissible to accept this land under these conditions?.


Answer:

Praise be to Allaah.

If the matter is as described, then it is not permissible to accept this gift, because of the evil consequences which will result from implementation of these conditions, such as the subjection of the center to university laws and regulations, which are unknown to the recipients and some of which may go against Islam. The same applies to the subjection of the center to state laws; it is well known that some of their laws go against Islam. Similarly, their stipulation that the center should be for Muslims and others, such as Jews, which means that the Muslims will be building a center in which Christian and Jewish rituals will be observed. This will cause many problems. They have also stipulated that the giver has the right to take back the gift and ownership of the land will revert to the university, and other stipulations mentioned in the contract. This is also contrary to Islamic sharee'ah.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/178-179.

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46797: Can a Muslim accept a gift from his kaafir brother?

Question:

What is the ruling on two brothers, one of whom is a Muslim and the other is a mushrik and rich. Is it permissible for the Muslim brother to accept a gift from his kaafir, mushrik brother, or not?.

Answer:

Praise be to Allaah. It is permissible for a Muslim to accept a gift from his brother if he is a kaafir or a mushrik, because that may soften his heart and Allaah may guide him to Islam.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/183. (www.islam-qa.com)

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47148: Buying back a gift from someone other than the one to whom it was given

Question:

A man gave a car to another man for nothing in return, and the one to whom it was given sold it to a third person. The first owner wants to buy it back from the other person who bought it. Is this permissible?.


Answer:

Praise be to Allaah.

It is permissible to buy back a gift in the manner described, because the giver is buying it from someone other than the one to whom it was given.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/185. (www.islam-qa.com)

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34602: Buying back a gift from the one to whom it was given

Question:

A man gave a car to his brother as a gift, then the one to whom it was given wanted to sell the car. Can the one who gave him the car buy it or is it not permissible for him to buy it?.

Answer:

Praise be to Allaah.

It is not permissible for the giver to buy the thing he gave to his brother. It was narrated that `Umar (may Allaah be pleased with him) said: I gave a horse to someone (to ride in jihad) for the sake of Allaah, and its owner neglected it. I thought that he would sell it cheaply, so I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that, and he said: "Do not buy it, even if he gives it to you for a dirham, for the one who takes back his charity is like a dog that goes back to its vomit."

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/184. (www.islam-qa.com)

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34591: Accepting gifts and donations from haraam wealth

Question:

Some Muslims here in Britain accumulate their wealth from both halaal and haraam sources, because they are businessmen and some of the things in which they deal are alcohol and pork. They vary in the extent to which they do that. In some cases most of the person's wealth comes from haraam sources, and in others only a little of their earnings is haraam. Is it permissible for us Muslims to mix with them and eat their food if they invite us? Is it permissible for us to accept their donations from this wealth for the mosque?.


Answer:

Praise be to Allaah.

Firstly: You have to advise them and warn them of the evil consequences of dealing in haraam things and acquiring wealth from haraam sources. You should cooperate with your brothers among the righteous to remind them and warn them of the wrath of Allaah and the severity of His punishment of those who disobey Him and wage war against Him by committing haraam actions. You should teach them that the pleasures of this world are few, and that the Hereafter is better and more lasting. If they respond, then praise be to Allaah. In that case they are your brothers in Islam. Then you should advise them to return that which they took wrongfully to its rightful owners, if they know who they are, and to follow their bad deeds with good deeds, so that Allaah will accept their repentance and turn their bad deeds into good deeds. Then it will be permissible for you to mix with them as your brothers in faith, and to eat their food and accept their donations for building and furnishing the mosque etc., because by repenting and returning to people what is rightfully theirs as much as possible, their previous sins will be forgiven, as Allaah says (interpretation of the meaning):

"So whosoever receives an admonition from his Lord and stops eating Ribaa, shall not be punished for the past; his case is for Allaah (to judge)"

[al-Baqarah 2:275].

Secondly:

If they still refuse to heed advice and reminders, and they persist in doing haraam things, then you have to forsake them for the sake of Allaah, and not respond to their invitations or accept their donations, as a rebuke to them and, in the hope that this will deter them from committing evil actions.

And Allaah is the Source of strength.

Fataawa al-Lajnah al-Daa'imah, 16/182-183.

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34640: There is nothing wrong with accepting a gift and giving something of similar value to the giver

Question:

One of my relatives sent me a large amount of money on the occasion of my marriage, with the intention of helping me. Should I accept it or is it better to refrain and be content with what I have?.


Answer:

Praise be to Allaah.

Al-Bukhaari (2585) narrated that `Aa'ishah said: The Messenger of Allaah (peace and blessings of Allaah be upon him) used to accept gifts and reward people for giving them.

"Reward people for giving them" means giving the giver something of equal value at least in return. This was the view of al-Haafiz in al-Fath.

This hadeeth indicates that accepting gifts and giving something of equal value to the giver is the way of the Prophet (peace and blessings of Allaah be upon him).

The Prophet (peace and blessings of Allaah be upon him) enjoined responding in kind to favours, as he said: "Whoever does you a favour, respond in kind, and if you cannot find the means of doing so, then keep praying for him until you think that you have responded in kind." Narrated by Abu Dawood, 1672. classed as saheeh by al-Albaani in Saheeh Abi Dawood.

"Whoever does you a favour" means, whoever treats you kindly in word or deed.

"Respond in kind" means, treat him kindly just as he has treated you kindly.

"If you cannot find the means of doing so" means if you do not have the money.

"Until you think that you have responded in kind" means, repeat the du'aa' until you think that you have given him his due.

One of the du'aa's that you can say is Jazaak Allaahu khayran (may Allaah reward you with good). Al-Tirmidhi (2035) narrated that Usaamah ibn Zayd said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Whoever has a favour done for him and says Jazaak Allaahu khayran (may Allaah reward you with good) has done his utmost to thank him." Narrated by al-Tirmidhi, 2035; classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.

"Done his utmost to thank him" means, he has done his utmost to express his thanks, because he has acknowledged his shortcomings and that he is unable to reward him and thank him, so he refers the matter to Allaah, that He might reward him in the best manner. One of them said: If you are unable to give him back in kind, then speak at length thanking him and making du'aa' for him. From Tuhfat al-Ahwadhi.

The Standing Committee was asked a similar question, and replied as follows:

There is nothing wrong with accepting it (an amount of money as a gift), without you longing for that, and you can respond in kind if you are able to with an appropriate gift, or you can make du'aa' for him, because the Prophet (peace and blessings of Allaah be upon him) said: "Whoever does you a favour, respond in kind, and if you cannot find the means of doing so, then keep praying for him until you think that you have responded in kind." Narrated by Abu Dawood and al-Nasaa'i.

Fataawa al-Lajnah al-Daa'imah, 16/171

And Allaah knows best.

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34614: Which is better, giving a gift or giving charity?

Question:

Is it better to give money in charity to the poor and needy, or to give a gift to one of my relatives or friends?.


Answer:

Praise be to Allaah.

The difference between charity and gifts is as follows:

Charity is given to the poor and needy to meet their needs, and is done with the intention of seeking the Face of Allaah. There is no intention of giving it to a specific person, rather it is given to any poor or needy person.

A gift is not necessarily given to a poor person, rather it may be given to rich or poor; the intention is to show friendship and to honour the recipient.

Both of them _ charity and gift-giving _ are righteous deeds for which a person will be rewarded, but which is better?

Shaykh al-Islam [Ibn Taymiyah] said in Majmoo' al-Fataawa:

"Sadaqah (charity) is that which is given for the sake of Allaah as an act of worship, without intending to give it to a specific person and without seeking anything in return, rather it is given to charitable causes, such as to the needy. A gift is given with the intention of honouring a specific person, either because you love him and he is your friend, or because you want something. Hence the Prophet (peace and blessings of Allaah be upon him) used to accept gifts and reward people for them, so that no one could remind him of their favours, but he did not accept the "refuse" of people that they gave to purify themselves of sins, namely charity. He did not accept charity for this and other reasons. Once this is understood, then charity is better, but there is a sense in which a gift is better than charity, such as giving a gift to the Messenger of Allaah (peace and blessings of Allaah be upon him) during his lifetime out of love for him, or the gifts which a person gives to a relative in order to uphold the ties of kinship, or to a brother in Islam. These gifts may be better than charity".

Based on this, if you give a gift to one of your relatives, that may be better than giving charity, because it is more befitting to uphold the ties of kinship. The same may apply if you give a gift to a friend of yours, because that will strengthen the bonds of love between you. The Prophet (peace and blessings of Allaah be upon him) said: "Exchange gifts, you will love one another." Narrated by al-Bukhaari in al-Adab al-Mufrad. Ibn Hajar said: its isnaad is hasan. It was also classed as hasan by al-Albaani in Saheeh al-Adab al-Mufrad, 463.

What the hadeeth means is that giving gifts may generate and increase love.

And Allaah knows best.

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34701: The obligation to treat co-wives fairly in giving gifts

Question:

I have two wives, and I want to buy some gold for one of them as a gift. Is it permissible for me to do that, or would this be unfair treatment of co-wives? Please note that I do not fall short in giving the other wife her rights.


Answer:

Praise be to Allaah.

Whoever has two or more wives has to treat them fairly. It is not permissible for him to single out one of his wives with regard to spending, accommodation or spending the night, to the exclusion of the others. There is a stern warning issued to the one who has two wives and does not treat them fairly. It was narrated that Abu Hurayrah (may Allaah be pleased with him) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: "Whoever has two wives and inclines more towards one of them than the other, will come on the Day of Resurrection with half of his body falling." According to another version: "Dragging half of his body which will be falling or leaning." Narrated by Imam Ahmad in al-Musnad, 2/295, 347, 471. A similar hadeeth was also narrated by al-Nasaa'i and Ibn Maajah in their Sunans.

And it was narrated from Abu Hurayrah (may Allaah be pleased with him) that the Prophet (peace and blessings of Allaah be upon him) said: "Whoever has two wives and inclines more towards one of them, will come on the Day of Resurrection with half of his body leaning." Narrated by Abu Dawood in his Sunan, 2/601. Al-Tirmidhi narrated something similar in al-Jaami'.

This evidence indicates that it is obligatory to treat co-wives fairly and equally, and that it is haraam for the husband to incline more to one of them in a way that will hurt the other. This does not include the inclination of the heart, for a person has no control over the inclination of the heart. Hence the Messenger of Allaah (peace and blessings of Allaah be upon him) used to divide his time equally among his wives, and he said: "O Allaah, this is my division of that which I can control, so do not take me to task for that over which You have control and I have no control" [meaning love in the heart].

Based on this, it is not permissible for this husband to single out one of his wives with regard to something over which he has control. If he gives a house etc to one of his wives, he must treat all his wives equally in that regard, and give a similar gift or something of equal value to all of them, unless the second wife allows that.

Fataawa al-Lajnah al-Daa'imah (16/189).

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39488: It is not permissible for your father to accept what is given to him because of his work

Question:

My father works for a company and some people give him money or personal gifts at work. He stopped taking this money but he soon went back to taking it. He tells me, "I don't differentiate between those who give me gifts and those who do not." What is the situation with regard to the money we take from him, the food we eat and the clothes and gold we wear; and what is the situation with regard to our du'aa' to Allaah. When he gives us food as a gift, should we accept it? Once he forced me to accept clothes from some of these people. Is it permissible for me to wear them?.

Answer:

Praise be to Allaah.

It is not permissible for your father to accept what is given to him because of his work, because al-Bukhaari (6636) and Muslim (1832) narrated from Abu Humayd al-Saa'idi that the Messenger of Allaah (peace and blessings of Allaah be upon him) appointed a man to collect the zakaah, and when he had finished his work, the man came and said, "O Messenger of Allaah, this is for you and this was given to me as a gift." He said, "Why don't you sit in the house of your father and mother and see whether you get any gifts or not?" Then the Messenger of Allaah (peace and blessings of Allaah be upon him) stood up after `Isha' prayer, testified (to the Oneness of Allaah) and praised Him as He deserves to be praised, then he said, "What is the matter with a zakaah-collector whom we appoint, then he comes and says, `This is for you, and this was given to me as a gift.' Why does he not sit in the house of his father and mother and see whether he receives any gifts or not? By the One in Whose hand is my soul, no one of you steals anything from it [the zakaah] but he will come on the Day of Resurrection carrying it on his shoulders, even if it is a camel that he brings groaning, or a cow that he brings mooing, or a sheep that he brings bleating. I have conveyed the message." Abu Humayd said: Then the Messenger of Allaah (peace and blessings of Allaah be upon him) raised his hand until I could see the whiteness of his armpit.

So your father should be told what the Messenger of Allaah (peace and blessings of Allaah be upon him) said: " `Why don't you sit in the house of your father and mother and see whether you receive any gifts or not?' _ because you are only getting these gifts because of the job to which you have been appointed."

If that is the case, then these gifts belong to the job, and he has no right to take them for himself.

Shaykh Ibn Baaz (may Allaah have mercy on him) said: This hadeeth indicates that it is obligatory for the person who is employed by the state to do the job for which he has been appointed, and he has no right to take any gift that has to do with his work. If he takes it then he should put it in the bayt al-maal (public treasury), and it is not permissible for him to take it for himself because of this saheeh hadeeth, and because that is a means that leads to evil and betraying trust.

From Fataawa `Ulama' al-Balad al-Haraam, p. 655

Ahmad and al-Bayhaqi narrated that the Prophet (peace and blessings of Allaah be upon him) said: "Gifts given to workers (employees) are ghulool (lit. stolen war booty)" i.e., a betrayal. This hadeeth was classed as saheeh by al-Albaani in Saheeh al-Jaami', no. 7021.

Your father's saying that he does not differentiate between those who give him things and those who do not does not alter the fact that this is haraam, but if he makes things difficult those who do not give him anything, then that makes his sin more serious.

His claim that he does not differentiate between those who give him gifts and those who do not is dubious, because gifts have an effect on the heart. Man is created in such a way that he likes those who are kind to him, so these gifts may make your father biased towards the one who gave him the gift, so he may give him something he is not entitled to. So let him fear Allaah, and refrain from these haraam earnings, for all the pleasures of this world are temporary, so how about if they are also haraam?

Whatever he has received of these gifts, it is not permissible for you to take them or make use of them, because this is haraam wealth,

Whatever you have saved from your father's salary that he was paid in return for his permissible work, there is nothing wrong with you benefitting from it.

With regard to the clothes that he forced you to take, if they were bought for the regular price, there is nothing wrong with you wearing them, but if he took them as a gift or for a reduced price, you should not wear them. Try to advise your father, and remind him of the seriousness of haraam wealth, and encourage him to ask the scholars so that they can dispel his doubts.

And Allaah knows best.

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11564: Accepting a gift from a kaafir

Question:

Is it permissible for a Muslim brother to accept a gift from his kaafir or mushrik brother, or not?.

Answer:

Praise be to Allaah.

It s permissible for a Muslim to accept a gift from his brother even if he is a kaafir or a mushrik, because that will soften his heart and make him more open to being guided to Islam.

And Allaah is the Source of strength.

Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah wa'l-Ifta, 16/183 (www.islam-qa.com)

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11585: Giver buying the gift from the person to whom it was given

Question:

A man gave his brother a car as a gift, then the one to whom the gift was given wanted to sell the car. Can the one who gave the car as a gift buy it or is it not permissible for him to buy it?.


Answer:

Praise be to Allaah.

It is not permissible for the one who gave the gift to buy the thing he gave to his brother. It was narrated that `Umar (may Allaah be pleased with him) said: I gave a horse (to someone to use in jihad) for the sake of Allaah, and its owner neglected it. I thought that he would sell it for a cheap price, and I asked the Messenger of Allaah (peace and blessings of Allaah be upon him) about that. He said, "Do not buy it from him even if he sells it to you for a dirham, for the one who takes back his charity is like the dog that goes back to its own vomit." Narrated by al-Bukhaari, 2623; Muslim, 1620.

And Allaah is the Source of strength.

Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah wa'l-Ifta', 16/184. (www.islam-qa.com)

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34658: He has been given money to help him get married _ should he accept it?

Question:

One of my relatives sent me a large amount of money on the occasion of my marriage, with the intention of helping me. Should I accept it or is it better to be proud and be content with what I have?.


Answer:

Praise be to Allaah. There is nothing wrong with accepting it if you were not hoping for it, and reciprocating in a suitable manner or making du'aa' for him, because the Prophet (peace and blessings of Allaah be upon him) said: "Whoever does you a favour, then respond in kind, and if you cannot find anything to give him, then make du'aa' for him (and keep doing so) until you think that you have done enough."

Narrated by Abu Dawood and al-Nasaa'i.

And Allaah is the Source of strength.

Al-Lajnah al-Daa'imah li'l-Buhooth al-`Ilmiyyah wa'l-Ifta, 16/171 (www.islam-qa.com)

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34655: If I am given a gift should I give something similar back to the giver?

Question:

One of the customs among the people in my village is to give gifts and money on special occasions, and the recipient of the gifts is expected to respond in kind when other people have special occasions too.
What is the ruling if a special occasion arises and a person does not have anything; does he have to give them a gift?.


Answer:

Praise be to Allaah.

It is mustahabb [preferable] for the one who is given a gift to respond by giving something similar or better, because the Prophet (peace and blessings of Allaah be upon him) said: "Whoever does you a favour, then respond in kind, and if you cannot find anything to give him, then make du'aa' for him (and keep doing so) until you think that you have done enough." Narrated by Abu Dawood and al-Nasaa'i. But the people of the village should not oblige a poor person to give them gifts like those that they gave to him, rather what is prescribed in sharee'ah is for the Muslim to give a gift and not expect something back in return, rather he should hope for the reward from Allaah. Whoever is given something is not obliged to give something back to the giver, but if he does give him something, that is preferable.

And Allaah is the Source of strength.

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6964: Accepting money from kaafirs

Question:

My wife who is a christian inherited some money. Iam a muslim.I would like to know if I'm allowed to take any of that money and spend it since Iam not the one who inherited it and since it's her money now and she is my wife. .

Also if she leaves her assets for me in a will incase she passes away before me,would I be intitled to her assets ?.


Answer:

Praise be to Allaah.

1 _ There is no reason why you should not take from the money that your wife has inherited, on condition that that should be with her consent.