Office Of Grand Ayatollah Sayyid M.S.Al-Hakeem - Books-Islamic Laws Simplified - Gifts

Books Islamic Laws SimplifiedGifts

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Religious Endowments (Waqf)

GIFTS
 
 
This refers to an agreement by which the ownership of a tangible item of one person is passed to another, for nothing in return, but not by way of charity.
 
Ruling 553: The giving of a service or a benefit, rather than a tangible item, is not regarded as a gift.
 
Ruling 554: Both the giver and the recipient must be adult and sane, otherwise if either is a child or not sane, his guardian can stand in his place. For the giver of the gift in particular, it is also a condition that he is not restricted in his dealings due to foolishness or bankruptcy.
 
Ruling 555: In order for the gift to be considered valid – i.e. for the ownership to pass – it is necessary for the recipient to take possession of the gifted item with the permission of the giver. It is not sufficient for the passing of ownership for one to leave the gift somewhere for the recipient to take.
 
Ruling 556:A gift of an undivided portion of a property is valid.
 
Ruling 557:It is valid for one to give a gift of something that is owed by him, to the person whom he owes or anyone else. In the former case, it will result in the clearing of the debt.
 
Ruling 558: If the gifting takes place and is completed by the recipient taking possession of it, it is not binding, and it is possible to withdraw from it, except in the following cases:
(1)   That there is a blood kinship between them both;
(2)   That the giver has been given something in exchange for the gift; for this to be binding, as an obligatory precaution the exchange should have been given by the recipient of the gift, not anybody else;
(3)   That the gifted item has changed;
(4)   That the gifted item is no longer the property of the recipient;
(5)   That one of them have died.
 
Ruling 559: It is possible for the gift to be given with the condition of receiving something in return, and it is not necessary for that to be something tangible; rather, it can be some other kind of benefit or service. If the gift is given with any condition, it is obligatory to abide by the condition, and the agreement will be binding.

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