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

هِبَة

Hiba in the lexical sense is giving a thing to another without return; technically it is transferring property without return at once. 1 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. 1 2 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. 2 3 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. 3 4 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. 5 6 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. 7 8 9 10 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. 11 12 13 14 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. 15 16 17 18 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. 19 20 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. 21 22 23 24 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. 25 26 27 28 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. 29 30 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. 31 32 33 34 35 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. 36 36

Depth

At a glance

Era
The Early Abbasid Caliphate
Region
Arabia
Review
Draft Completeness 1/5 · Help complete it

Ethics and characterLaw and courtsFamily, marriage and kinship

Summary

Hiba in the lexical sense is giving a thing to another without return; technically it is transferring property without return at once. 1

Related terms and lawfulness

Hiba 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. 1 2 Gifts are lawful by the Qur'an, the sunna and consensus; they are recommended, forbidden when meant for sin or bribery, and disliked when meant for show. 2 3

The donor and the donee

The donor must be competent to give; a minor or insane person cannot. The schools differ on the debt-bound and feeble-minded, on a dying man's gift beyond a third, and on a father's gift of his son's property for a return. 3 4 The gift of an unauthorized donor is void for most jurists and suspended on approval for the Hanafis. 5

The thing given

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. 7 8 9 The schools differ on giving a debt to one other than the debtor, and on an undivided share. 9 10

Possession and formula

The schools differ on whether possession completes a gift: the Hanafis, Shafi'is and some Hanbalis require it, while the Malikis hold the gift binding by the contract. 11 12 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. 15 18

A gift for a return

The schools differ on whether a gift may be made for a return and on its nature: a sale, according to the Malikis, Shafi'is and Hanbalis; a gift begun and a sale completed, according to the Hanafis. 21 24

Retraction

Most jurists forbid retraction except for a father's gift to his son; the Hanafis allow it with disapproval, and list the impediments. 29 30 31 32 For the Hanafis a retraction is a dissolution when made by judgment or by consent, and the thing returns to the donor. 36 36

Connections

Explore the connections

Related to
Hadiyya (gift)

People and things also explored

Hadiyya (gift)· Joy and gladness (al-farah wal-surur)· Allusion to a proposal during the waiting period· Hardship and fear of sin ('anat) in marrying a slave-woman· Awl (proportional reduction of shares in inheritance)· Breastfeeding and weaning· Shahwa (desire: its effect on touch and ablution, on fasting and pilgrimage, on looking, on marriage by touch and on the breaking of the marriage bond)· Divorce before consummation

Sources

  1. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16772
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  29. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16800
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  31. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16802
  32. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16803
  33. al-Mawsu'a al-Fiqhiyya al-Kuwaitiyya, Noor-Book copy (file named v3) , p.16804
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Cite this page

islam.museum contributors. “Hiba (gift: its pillars, the parties, the thing given, possession, return and conditions)”. islam.museum, https://islam.museum/en/concept/hiba-fiqh/. CC BY-SA 4.0. Last updated 2026-10-23.

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Hadiyya (gift)

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. It is complete when the giver sends it and the recipient takes it; no formula is required. The giver may retract before receipt, in the view of the majority. Where a gift comes in a container, the container is returned or held in trust depending on custom. 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. Gifts that officials and judges receive by virtue of office are forbidden; the Prophet's saying 'the gifts of officials are plunder' is cited. The imam may not accept gifts, according to the jurists. The mufti, preacher and teacher may accept, though it is better to refrain.