LEGISLATIVELY

الهبة هي التبرع من جائز التصرف في حياته لغيره بمال معلوم أو غيره بلا عوض. A hibah refers to a voluntary transfer of ownership from a legally competent person during their lifetime to another party, involving a specified asset or otherwise, without requiring compensation. BENEFIT: Al-Muwaffaq Ibn Qudāmah (may Allāh have mercy on him) said: "The terms hibah, ‘atiyyah (grant), hadiyyah (present), and sadaqah (charity) have closely related meanings, as they all refer to the transfer of ownership during one's lifetime without compensation. The words 'hibah' and 'atiyyah' encompass all these forms. However, sadaqah and hadiyyah are distinct, even though they fall under the broader categories of hibah and ‘atiyyah. The Prophet ﷺ would accept gifts but not charity. Regarding the meat that was given as charity to Barīrah, he ﷺ said: ((هو عليها صدقة ولنا هدية)) 'It is charity for her, but for us, it is a gift.' It is evident that if a person gives something with the intention of seeking closeness to Allāh by helping someone in need, it is considered sadaqah. However, if one gives something to another person as a gesture of goodwill and affection, it is a hadiyyah. In all cases, such acts are commendable." Likewise, Sheikh Al-Islām Ibn Taymiyyah (may Allāh have mercy on him) said: "Sadaqah refers to what is given purely for the sake of Allah as an act of worship, without intending to benefit a specific individual or seeking any personal gain. Instead, it is directed to those in need and other appropriate recipients of charity. As for a hadiyyah (gift), it is given to honour a specific person—whether out of love, friendship, or in pursuit of a favour. This is why the Prophet ﷺ would accept gifts and reciprocate them, ensuring that no one had a favor over him. He did not consume charity, as it is a means through which people purify themselves from their sins, and for this reason, among others, he refrained from eating it." RULING Gifting is recommended (mustahabb) when done for the sake of Allāh, such as giving to a righteous person, a needy individual, or as an act of maintaining family ties. It was narrated that Abu Hurayrah (may Allāh be pleased with him) reported that the Messenger of Allāh ﷺ said: ((تهادوا تحابوا)) "Give gifts to one another, and you will grow in love." [Reported by al-Bayhaqī, 6/169, and deemed sound by al-Albānī in Al-Irwāʾ, no. 1601] Additionally, ’Āʾishah (may Allāh be pleased with her) said: ((كان رسول الله ﷺ يقبل الهدية ويثيب عليها)) "The Messenger of Allāh ﷺ would accept gifts and reciprocate with something in return." [Reported by al-Bukhārī in his Ṣaḥīḥ, no. 2585] However, gifting is discouraged (makrūh) if done for ostentation, seeking reputation, or showing off. -------------- Three Essential Pillars of Hibah: 1. The Giver (Al-Wāhib) 2. The Gifted Item (Al-Mawhūb) 3. The Recipient (Al-Mawhūb Lahu) -------------- المسألة الثانية: شروط الهبة Conditions of a Valid Gift The following conditions apply to a gift: 1. The giver (wāhib) must be legally competent to act, meaning they must be free, of legal age, and of sound judgment. 2. The gift must be given willingly; a coerced gift is invalid. 3. The gifted item must be something that can be lawfully sold. Thus: ما لا يصح بيعه لا تصح هبته items that cannot be legally sold cannot be given as gifts, such as alcohol or swine. 4. The recipient (mawhūb lahu) is required to accept the gift, as gifting is a contract of transfer of ownership, requiring an offer and acceptance. NOTE: This is established through what is commonly recognised among people as offer and acceptance; - The offer (إيجاب) is expressed by saying: “I have gifted you” or “I have presented this to you,” and similar phrases. - The acceptance (قبول) is expressed by saying: “I accept” or “I am pleased with it,” and the like. It is also established through mutual exchange accompanied by actions indicating consent.