The One Who Takes Back His Gift is Like a Dog
Question :
I have a brother who came to visit when I was working in a city outside the country in which we and our family reside. I gave him a gift of a sum of money, as an act of kindness, I did not intend it to be a loan, nor did I intend to ask for it back later. He knew that and he took the money and returned to our country where he and our family lived and he used this money to marry. His wife lived with him for a time, after which, there occurred some trouble between him and her and his wife became disobedient towards him. After that, my brother made a bequest to me for the sum (which I had given him) as a debt upon him and he had it attested to. After that, he lived for some time, then Allah took his soul. When I returned to my country following my brother's death, I was informed of the bequest. My brother's wife requested me to produce her share from the legacy of her husband, and I claimed from her the sum which my brother had bequeathed to me, which was the amount I had previously given to him as an act of kindness. And in fact, she presented her share of the inheritance, which was the debt my brother had bequeathed to me, and I took it from her and then she took her share from the legacy.
Answer:
If you gave it to him as a charity from you and he accepted it, knowing that it was a charity, then it should not be returned to you, according to the words of the Prophet:
"The one who takes back his gift is like a dog that swallows its vomit."
According to this, the ruling on this sum of money is that it belongs to him, so you must return it to the heirs. If you are one of the heirs, you have a share of it by inheritance. And Allah is the Granter of success. And may peace and blessings be upon our Prophet, Muhammad and upon his family and Compa- nions.
Source:
The Permanent Committee
Fatawa Islamiyah, Vol. 5 Pages 55-56
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