Hadith 36370

Yahya said that he heard Malik say, "What is done in ourcommunity about some one who gives a gift not intending a reward isthat he calls witnesses to it. It is affirmed for the one to whom ithas been given unless the giver dies before the one to whom it wasgiven receives the gift."He said, "If the giver wants tokeep the gift after he has had it witnessed, he cannot. If therecipient claims it from him, he takes it."Malik said, "Ifsome one gives a gift and then withdraws it and the recipient brings awitness to testify for him that he was given the gift, be it goods,gold, silver or animals, the recipient is made to take an oath. If herefuses, the giver is made to take an oath. If he also refuses to takean oath, he gives to the recipient what he claims from him if he hasat least one witness. If he does not have a witness, he has nothing ."Malik said, "If someone gives a gift not expecting anythingin return and then the recipient dies, the heirs are in his place. Ifthe giver dies before the recipient has received his gift, therecipient has nothing. That is because he was given a gift which hedid not take possession of. If the giver wants to keep it, and he hascalled witnesses to the gift, he cannot do that. If the recipientclaims his right he takes it."