Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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GIFTS. Arabic hibah (هبة‎), pl. hibāt. A deed of gift. The term hibah in the language of Muslim law means a transfer of property made immediately and without exchange. He who makes the gift is called the wāhib, or donor; the thing given, mauhūb; and the person to whom it is given is mauhūb lahu.

Muḥammad sanctioned the retraction of a gift when he said, “A donor preserves his right to his gift, so long as he does not obtain a return for it.” Although there is another tradition which says: “Let not a donor retract his gift; but let a father if he pleases retract his gift to his son.” Ash-Shāfiʿī maintains that it is not lawful to retract a gift, except it be from a father to a son. All the doctors are agreed that to retract a gift is an abomination, for Muḥammad said: “The retraction of a gift is like eating one’s spittle.” The general opinion is that a gift to a stranger may be retracted, but not a gift to a kinsman. A retracted gift, by the mutual consent of the parties, should be effected by a decree of the Qāẓī, or judge. (Hidāyah, vol. iii. p. 290.)