Home Hadith Hadith 35272
Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr from
Abd ar-Rahman ibn Abd al-Qari that Umar ibn al-Khattab said, "What is
wrong with men who give their sons gifts and then keep them and if the
son dies, they say, 'My property is in my possession and I did not
give it to anyone.' But if they themselves are dying, they say, 'It
belongs to my son, I gave it to him.' Whoever gives a gift, and does
not hand it over to the one to whom it was given, the gift is invalid,
and if he dies it belongs to the heirs in general."
Muwatta Malik Book 36, Hadith 56
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Malik related to me from Ibn Shihab from Urwa ibn az-Zubayr that
A'isha, the wife of the Prophet, may Allah bless him and grant him
peace, said, "Abu Bakr as-Siddiq gave me palm trees whose produce was
twenty awsuq from his property at al-Ghaba. When he was dying, he
said, 'By Allah, little daughter, there is no one I would prefer to be
wealthy after I die than you. There is no one it is more difficult for
me to see poor after I die than you. I gave you palm-trees whose
produce is twenty awsuq. Had you cut them and taken possession of
them, they would have been yours, but today they are the property of
the heirs, and they are your two brothers and your two sisters, so
divide it according to the Book of Allah.' A'isha continued, "I said,
'My father! By Allah, even if it had been more, I would have left it.
There is only Asma. Who is my other sister?" Abu Bakr replied, 'What
is in the womb of Kharija? (Kharija was the wife of Abu Bakr's
'brother' from the Ansar.) I think that it is going to be a girl.' "
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Yahya said that he heard Malik say, "What is done in our
community about some one who gives a gift not intending a reward is
that he calls witnesses to it. It is affirmed for the one to whom it
has been given unless the giver dies before the one to whom it was
given receives the gift."