Is it permissible for a father to revoke a gift given to his child?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
A father is permitted to revoke a gift made to his child. This is the explicit view of Al-Khiraqi and represents the apparent position of Imam Ahmad, whether the revocation is intended to equalize gifts among children or not. This position is also held by Malik, Al-Awza'i, Al-Shafi'i, Ishaq, and Abu Thawr. The evidence for this ruling is the statement of the Prophet, peace be upon him, to Bashir ibn Sa'd: "Revoke it," or, as narrated elsewhere, "So he revoked it." This order implies permissibility, and Bashir ibn Sa'd complied by revoking his gift to his son. Furthermore, the narration that the Prophet, peace be upon him, said: "No one is entitled to give a gift and then take it back, except the father regarding what he gives to his son," narrated by Al-Tirmidhi (who declared it Hasan), specifically limits the general prohibition against revocation and explains it.
Supporting text
A second opinion exists stating that the father does not have the right to revoke the gift. This view is held by the scholars of the opinion-based school (Ahl al-Ra'y), Al-Thawri, and Al-'Anbari. Their evidence is the Hadith: "The one who retracts his gift is like the one who retracts his vomit," which is agreed upon (Muttafaq 'alayh). Another narration attributed to Umar ibn Al-Khattab distinguishes between gifts: if the gift intends to maintain kinship or is a form of charity, revocation is not allowed, but if it intends to seek reward, revocation is permitted if the donor is not satisfied with the outcome. They argue that such a gift, which gains reward from Allah, should not be revoked, similar to voluntary charity (Sadaqat al-Tatwwu').