Hiba Gift In Islam

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 can take possession of his children’s wealth, which is not from his need, and can also consume it if his children doesn’t suffer loss. Prophet also said “You and your wealth is your father’s property” (Sunnan Abu Daud). Thus it is essential for a child to serve his father by both wealth and soul.
However it is not permissible for a father to take possession of his child’s property at the cost of his child’s loss or need. Prophet (S) said “Not suffers nor causes a loss”(Sunnan ibn Maja).

Gift and donation keep away malevolence and malignance, and encourage love and devotion. Prophet Muhammad (S) said
“Exchange gift among yourselves because they keep away malevolence and tiff in heart” (Al Tirmidhi). Gift should not be avoided even in a small amount, hence it is recommended to compensate for that as well. According to Imam Bukhari
“Prophet (S) used to accept gifts and give in return”. It is one of the qualities of the Islamic faith and a declarative of the utmost respect. When a person declares his deposited or lent item as a gift to lessee, there will be no need for possession to take place in order to claim ownership as the latter is already in possession of the gifted item. Suppose a lender declares the lent item as a gift to the lessee then lessee is free from responsibility of paying back and that item is also allowed to be sold by the latter.

It is not permissible to make gift obligatory for future, for instance a gift will be given if a certain amount is earned.
Time factor in gift is not permissible, for instance a gift is given for a certain period of time like a month or a year. The reason being for this condition is that the intention behind giving a gift is to make other the owner of the gifted item hence it is not permissible to include time factor in it. Just like in a sale time factor is not permissible.
Condition of death in a gift is permissible, for instance someone declares that after my death certain item will be gifted to you. This will be treated as a heritage and will be governed by the laws of heritage