Does an absolute gift (Hiba) necessitate a reciprocal reward (Thawab)?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 1 · Bab 1

Open in Qurani

Primary text

An absolute gift does not necessitate a reward, whether the giver is of equal or lesser or greater status than the recipient. This is the view held by Abu Hanifa. The basis for this ruling is that the gift is a voluntary donation (Atiyyah 'ala wajh al-tabarru') and therefore does not require a return, similar to a bequest or a gift between equals. Furthermore, the narration attributed to 'Umar regarding revoking a gift intended for reward is countered by the actions of his son and Ibn Abbas.

Supporting text

Al-Shafi'i holds that if the gift is to someone of equal or lesser status, it does not require reward, aligning with this view. However, if the gift is to someone of higher status, there are two opinions: one states it requires reward, which is the opinion of Malik, based on the statement attributed to 'Umar: 'Whoever gives a gift intending reward, he is bound by his gift and may revoke it if he is not pleased with it.'