What is the ruling if a specified reward (Thawab ma'lum) is stipulated in a gift?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
If a known reward is stipulated in the gift, the contract is valid. This is because it constitutes a transfer of ownership for a known consideration, making it akin to a sale (Bay'). Consequently, it is subject to the rulings of sale concerning guarantee of title (Daman al-Darak), the establishment of the option to revoke (Khiyar), and pre-emption (Shuf'ah). This is the position held by the Ashab al-Ra'y, and it is explicitly stated by Ahmad.
Supporting text
The followers of Al-Shafi'i hold that stipulating a known reward in a gift is invalid because it includes a condition contrary to the essence of the gift contract. However, the ruling is that since it is a transfer for consideration, it is valid, comparing it to saying: 'I have given you ownership of this for one Dirham,' which effectively becomes a sale when consideration is mentioned.