Can a person revoke a gift or donation they have made, even if they received no compensation for it?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 2 · Bab 1

Open in Qurani

Primary text

The father is an exception and may revoke his gift even if he did not receive compensation for it, as evidenced by the instruction to return it. For others besides the father, revocation is not allowed. This view is held by Al-Shafi'i and Abu Thawr. The definitive proof against revocation is the Prophet's saying: "The one who revokes his gift is like the dog that returns to its vomit," and in another narration, "like the dog that returns to its vomit." It is also established that: "No one has the right to give a gift and then take it back, except the father regarding what he gives to his child." These transmitted reports are considered more sound and authoritative.

Supporting text

Al-Nakh'i, Al-Thawri, Ishaq, and the people of opinion hold that one who gifts to a non-relative may revoke unless compensated, but one who gifts to a relative cannot revoke. This position is reported from Umar ibn Al-Khattab. They argue based on the hadith narrated by Abu Hurayrah: "A man is most entitled to his gift unless he has been compensated for it," and by analogy to revocable loans (*'ariyah*) since no compensation was received.