Hadith 36322

Muwatta Malik

موطأ مالك

59


Yahya said that he heard Malik say, "The way of doing things inour community about which there is no dispute, is that if a man givessadaqa to his son - sadaqa which the son takes possession of or whichis in the father's keeping and the father has had his sadaqawitnessed, he cannot take back any of it because he cannot reclaim anysadaqa."Yahya said that he heard Malik say, "The generallyagreed-on way of doing things in our community in the case of someonewho gives his son a gift or grants him a gift which is not sadaqa isthat he can take it back as long as the child does not start a debt,which people claim from him, and which they trust him for on thestrength of the gift his father has given him. The father cannot takeback anything from the gift after debts are started against it."If a man gives his son or daughter something and a woman marriesthe man, and she only marries him for the wealth and the propertywhich his father has given him and so the father wants to take thatback, or, if a man marries a woman whose father has given her a giftand he marries her with an increased bride-price because of the wealthand property that her father has given, then the father says, 'I willtake that back,' then the father cannot take back any of that from theson or daughter if it is as I have described to you."

USC-MSA web (English) reference: Book 36, Hadith 42