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Hiba Gift In Islam

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Text Preview Definition of Hiba (Gift) and its Significance in
Sharia
By
Ahmed Shahir Usmani

1-Definition of Gift (Hiba): To give some amount of
wealth or goods (in self consent) by a mature or sane
person is called Gift. Just like giving a house, money or
clothes to a Muslim brother without any compensation.
2-The word Hiba falls under both Gift and Charity.
Words like gift, charity, ransom and donation all has
similar meanings. If the giver wishes to earn Allah’s
mercy by giving to needy or dependant is called charity,
and if the intention is declaration of love or reverence,
it’s called ransom. If neither of the two (charity and
ransom) then it is Hiba (Gift).
Something given as a gift in death-illness is called
donation.

3-Hiba is a Recommended Action. There are evidence
of Hiba in the Holy Qur’an and Prophet’s (S) Ahadith.
Allah said in the Qur’an “If they, of their own good
pleasure, remit any part of it to you, Take it and enjoy
it with right good cheer.”(Al-Nisa).
4-Prophet Muhammad (S) used to give and take gift.
And the Prophet has emphasized it because it
empowers brotherly love between Muslims and
embarks a positive impact on the society thus Prophet
said “Exchange gifts among yourself so it will improve
relations”.(Sahih Bukhari)

Ayesha (R) said
”Prophet Muhammad (S) used to exchange gifts”.
Prophet Muhammad Said
”Exchange gifts among yourself because it
decreases hostility “.

6-According to Ahnaf, Hiba is done by offer and
acceptance because it is like a sell; however possession
is a pillar o f Hiba because possession is mandatory to
claim ownership in oppose to sell in which ownership
can be claimed without possession.
7-it is not permissible for parents to give gifts to a
certain child and not to the rest, or give them uneven
shares, instead when gifts are given it should be given
equally. Justice and equality must be served among
children by parents when giving gifts. Noman bin Bashir
(R) said “My father gave me one servant as a gift then he
appeared in front of Prophet Muhammad (S)

and wanted to make Prophet (S) a witness of this Hiba.
Then the Prophet (S) asked “Have you given similar gift
to all your children ?” he replied “no”, Prophet (S) said “Take your gift back” followed by “Fear Allah and serve just and equality among your children”. This statement
proves that in Hiba it is mandatory for parents to serve
justice and equality among children or else it will be
deemed as atrocity.

Taking Back Gift
If a Muslim takes back the item which was gifted to
another Muslim brother or relative from his
possession then it is considered as a very immodest
activity. Prophet Muhammad (S) has given a very
serious example for this activity as Abbas (R) narrated
a Prophet’s (S) saying “The person who takes back his
gift is like a dog which eat its own vomit” this Hadith
reflects about the activity of taking back a gift.
However in some cases it has exceptions like a father
can take back his gift from a child as Prophet (S) said
“It is not permissible for a man to take back his gift
except for a father from his child”.(Sahih Muslim)

Ayesha (R) said that Abu Bakkar Siddiqui (R) gave her
twenty wasaq of date as a gift. When Abu Bakkar (R)
suffered death illness then he asked her “O lovely
daughter I gifted you twenty wasaq of dates if you had
taken those in possession then it would have been
only yours. Due to you haven’t taken their possession
it should be distributed to my heirs according to the
book of Allah. (Al Motalamam Malik)
It is permissible for a father to take wealth from his
children as per the need, only in condition that the
children must not suffer any loss or damage. Ayesha
(R) narrated that

Prophet Muhammad (S) said” The best you have
consumed is out of your own earnings and, without a
doubt, your children is your earning”. (Al-Tirmidhi) this
Hadith-e-Mubabaraka has many sense which direct us
that a father... Show More

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