Is there a distinction between revocation of a gift (Hiba) and revocation of charity (Sadaqah)?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
There is no difference between a gift and charity regarding the ruling on revocation. This is the position held by Al-Shafi'i. The evidence supporting the general permissibility of revocation is derived from the Hadith of Al-Nu'man ibn Bashir, wherein his father gave him a gift/charity, and then his father returned that gift/charity. Additionally, the general statement of the Prophet (peace be upon him), 'Except for the father in what he gives his child,' is used as a basis.
Supporting text
Malik and the scholars of Ra'y (Ahl al-Ra'y) differentiate between the two, holding that one cannot retract a charity under any circumstances. Their primary evidence is the Hadith of 'Umar, which states that if a gift is intended as maintaining kinship ties or as a form of charity, retraction is not permitted. However, this specific ruling concerning the father is considered particular and should be superseded by the general ruling, or alternatively, the general statement of 'Umar should yield to the specific ruling concerning the father.