Is there consensus regarding the revocation of gifts made by a person to their non-child close relative?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
There is consensus that a person cannot revoke a gift given to their close, non-child relatives. Likewise, a husband's gift to his wife is irrevocable. The dispute lies in cases beyond these individuals. Our position is that only the father may revoke; their position is that only a stranger may revoke.
Supporting text
Regarding a wife's gift to her husband, there are two narrations from Ahmad. One holds she has no right to revoke, supported by 'Umar ibn 'Abd al-'Aziz, Al-Nakh'i, Rabi'ah, Malik, Al-Thawri, Al-Shafi'i, Abu Thawr, the people of opinion, 'Ata', and Qatadah. The second narration permits revocation, citing reports where women give to husbands out of desire or fear, and in such cases, the woman has the right to reclaim it if she later wishes to withdraw it. A third narration suggests revocation is permissible if the gift was given under duress, such as the husband requesting it or the wife fearing his anger or potential for marrying another woman.