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Is it permissible in Islam, to keep back a gift.

Q:

I was  gifted a house 5 years ago,  Now the price is more than double, Now the person is asking it back and is threating me to put a case on me. Will it be allowed in Islam that I do not give that back. As it is my property now??

A:

Salamun Alaykum

Thank you for your query.

If something is gifted it can be taken back but there are conditions in which it cannot be taken back. I will mention the conditions according to Ayatullah al-Udhma Sayyid Ali Sistany:

Question: In what condition can we take back what we have gifted?

Answer: A person who gives a gift to another can take it back, except in five cases:

  1. He gave the gift with the intention of closeness.
  2. He gave the gift to one of his relatives.
  3. The person who received the gift gave him a compensation in return, whether with or without a condition.
  4. The gift has been transferred to someone else’s property, such as by selling it or..
  5. The recipient of the gift takes possession that changes the gift.

Translated from: www.sistani.org/persian/qa/01090

Changing the gift means if someone gives us wheat as a gift and we change it and make bread with it. So if the property is changed and the thing given isn’t remaining, then it can’t be taken back by the one who gifted it.

May Allah(swt) grant you success

Wassalam,

Syed Haider