Does the attachment of third-party claims (like debts or marriage prospects) to the gifted item prevent the father's revocation?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
The third condition is that no desire or interest of a third party must be attached to the item. If people become inclined to deal with the son, lend him money, or enter marriage contracts with him because of the gift, there are two narrations from Ahmad. The primary view, stated by Ahmad in the narration of Abu Al-Harith, is that the father cannot revoke if the son used the gift to deceive or gain standing with people, as this invalidates the rights of others. This is the position of Malik, arguing that revocation invalidates the rights of others, contradicting the principle of 'No harm and no reciprocation of harm,' and constitutes a stratagem to inflict harm upon Muslims. The second view permits revocation based on the generality of the evidence and because the rights of the spouse or creditor are not tied specifically to the corpus of this particular gifted asset.
Supporting text
The second view permits revocation based on the generality of the evidence and because the rights of the spouse or creditor are not tied specifically to the corpus of this particular gifted asset.