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Hadith 35274
Malik related to me from Da'ud ibn al-Husayn from Abu Ghatafan
ibn Tarif al-Muriyi that Umar ibn al-Khattab said, "If someone gives a
gift to strengthen ties with a relative or as sadaqa, he cannot have
it returned. If some one, however, gives a gift seeking by it favour
or reward, he has his gift and can reclaim it if he does not have
satisfaction from it."
Yahya said that he heard Malik say,
"The generally agreed-on way of doing things in our community is that
if the gift is returned to the one who gave it for recompense, and its
value has been either increased or decreased, the one to whom it has
been given gives the owner its value on the day he received it."
Muwatta Malik Book 36, Hadith 58
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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."
He said, "If the giver wants to
keep the gift after he has had it witnessed, he cannot. If the
recipient claims it from him, he takes it."
Malik said, "If
some one gives a gift and then withdraws it and the recipient brings a
witness to testify for him that he was given the gift, be it goods,
gold, silver or animals, the recipient is made to take an oath. If he
refuses, the giver is made to take an oath. If he also refuses to take
an oath, he gives to the recipient what he claims from him if he has
at least one witness. If he does not have a witness, he has nothing .
"
Malik said, "If someone gives a gift not expecting anything
in return and then the recipient dies, the heirs are in his place. If
the giver dies before the recipient has received his gift, the
recipient has nothing. That is because he was given a gift which he
did not take possession of. If the giver wants to keep it, and he has
called witnesses to the gift, he cannot do that. If the recipient
claims his right he takes it." Muwatta Malik Book 36, Hadith 57
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Yahya said that he heard Malik say, "The way of doing things in
our community about which there is no dispute, is that if a man gives
sadaqa to his son - sadaqa which the son takes possession of or which
is in the father's keeping and the father has had his sadaqa
witnessed, he cannot take back any of it because he cannot reclaim any
sadaqa."
Yahya said that he heard Malik say, "The generally
agreed-on way of doing things in our community in the case of someone
who gives his son a gift or grants him a gift which is not sadaqa is
that he can take it back as long as the child does not start a debt,
which people claim from him, and which they trust him for on the
strength of the gift his father has given him. The father cannot take
back anything from the gift after debts are started against it.
"If a man gives his son or daughter something and a woman marries
the man, and she only marries him for the wealth and the property
which his father has given him and so the father wants to take that
back, or, if a man marries a woman whose father has given her a gift
and he marries her with an increased bride-price because of the wealth
and property that her father has given, then the father says, 'I will
take that back,' then the father cannot take back any of that from the
son or daughter if it is as I have described to you." Muwatta Malik Book 36, Hadith 59