Hadiyya (gift)

هَدِيَّة

Hadiyya in the lexical sense is a thing of value sent to another as an honour; technically it is the transfer of a thing to another without return, a kind of gift (hiba) that differs in that it is carried to the recipient as a courtesy. ¹ ² It is complete when the giver sends it and the recipient takes it; no formula is required. ³ The giver may retract before receipt, in the view of the majority. ³ ⁴ Where a gift comes in a container, the container is returned or held in trust depending on custom. ³ ⁴ At a circumcision or wedding, gifts suited to children go to the child, and others follow the kinship of the giver to the father or the mother. ⁴ ⁵ Gifts that officials and judges receive by virtue of office are forbidden; the Prophet ﷺ's saying 'the gifts of officials are plunder' is cited. ⁵ ⁶ The imam may not accept gifts, according to the jurists. ⁷ The mufti, preacher and teacher may accept, though it is better to refrain. ⁷ ⁸

Summary

Hadiyya is a thing of value sent to another as an honour; technically it is the transfer of a thing without return, a kind of gift (hiba) carried to the recipient as a courtesy. ¹ ²

Validity and retraction

A gift is complete when the giver sends it and the recipient takes it; no formula is required. ³ The majority allow the giver to retract before receipt. ³ ⁴ Where a gift comes in a container, the container is returned or held in trust depending on custom. ³ ⁴

Gifts at a circumcision or wedding

Gifts suited to children belong to the child; others follow the kinship of the giver, to the father or the mother. ⁴ ⁵

Gifts to officials and judges

Gifts that officials receive by virtue of office are forbidden, on the basis of the saying 'the gifts of officials are plunder'. ⁵ ⁶ The imam may not accept gifts. ⁷ The mufti, the preacher and the teacher may accept, though refraining is better. ⁷ ⁸

Other cases

Gifts from non-Muslims in war are spoils; those given outside war belong to the recipient. ⁹ A gift given out of fear or shame is forbidden, as it is in the nature of seizure. ⁹

Sources

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16507

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16508

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16511

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16512

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16513

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16514

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16515

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16516

al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16517

Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)

Hiba in the lexical sense is giving a thing to another without return; technically it is transferring property without return at once. It differs from the wider atiya, from hadiya in that most jurists require acceptance in a gift, and from sadaqa, which seeks reward in the hereafter. Gifts are lawful by the Qur'an, the sunna and consensus, recommended, forbidden when meant for sin, aid to wrongdoing or bribery, and disliked when meant for show. The pillars are, for most jurists, the two parties, the thing given and the formula; for the Hanafis only the formula. The donor must be competent; the schools differ on the debt-bound, the feeble-minded, a dying man's gift beyond a third, and a father's gift of his son's property for a return. The gift of an unauthorized donor is void for most, suspended on approval for the Hanafis; a drunkard's gift depends on whether the drink was lawful. The thing given must exist, be owned by the donor and have value; most jurists disallow gifts of the non-existent or unknown, while the Malikis allow what can be moved. The schools differ on giving a debt to a third party and on an undivided share. On possession: the Hanafis, Shafi'is and one Hanbali view require it, with donor's leave and no encumbrance; the Malikis hold the gift binding by the contract, and a Hanbali view accepts an unpossessed gift of what is not measured. On the formula: the Hanafis count the offer alone as the pillar, the majority the offer and acceptance; acceptance may be by act; delayed acceptance is allowed by the Malikis and Hanbalis; a conditional gift is refused by the Hanafis, Shafi'is and Hanbalis. Conditions attached to a gift: the majority void an invalid condition and keep the gift; the Malikis, Shafi'is and one Hanbali view void both. A gift for a return: most jurists allow it, the Shafi'is in the weaker view and one Hanbali view forbid it; its nature is a sale by the Malikis, Shafi'is and Hanbalis, and a gift begun and sale completed by the Hanafis. Whether a return is due without stipulation: the Hanafis, Shafi'is and the Hanbali school do not require it except by statement; the Malikis and one Hanbali view require it by custom. Retraction: the majority forbid it except for the father in his son's gift; the Malikis extend it to the mother and ascendants; the Hanafis allow it with disapproval. Impediments to retraction: for the Hanafis, the thing's destruction, its passing out of the donee's hands, a joined increase, a return, kinship, marriage, alms, the death of either party, or change in the thing; for the Malikis, an increase or decline, a debt contracted on account of the gift, or the donee's illness; for the Shafi'is, leaving the donee's control; for the Hanbalis, leaving his ownership, others' interest in it, or an increase. A retraction is a dissolution for the Hanafis when made by judgment or by mutual consent (Zufar holds consent a new gift); the retracted thing returns to the donor, and the donee who holds it after retraction is not liable unless he exceeded.

Hadiyya (gift)

At a glance