to a person something to draw closer to him and out of affection for him, it is a present (hadiyah). All of this is recommended and urged (5); for the Prophet, peace and blessings of Allah be upon him, said: "Exchange presents, you will love one another" (6). As for charity (sadaqah), what has been narrated regarding its virtue is more than we can enumerate. Allah the Exalted has said: {If you disclose your charitable expenditures, they are good; but if you conceal them and give them to the poor, it is better for you, and He will remove from you some of your misdeeds} (7). Once this is established, charity and gifts of items that are measured or weighed are not binding except by taking possession of them. This is the opinion of most jurists, including al-Nakha'i, al-Thawri, al-Hasan ibn Salih, Abu Hanifah, and al-Shafi'i. Malik and Abu Thawr said: It becomes binding merely upon the contract, due to the generality of his (peace and blessings of Allah be upon him) statement: "The one who retracts his gift is like the one who laps up his own vomit" (8). And because it is an alienation of property without
(5) In [M]: "to it." (6) Narrated by Imam Malik, in: Chapter on what has been narrated regarding emigrating, from the Book of Good Character. Al-Muwatta 2/908. And by al-Bayhaqi, in: Chapter on urging the giving of gifts and presents..., from the Book of Gifts. Al-Sunan al-Kubra 6/169. (7) Surah al-Baqarah 271. (8) Previously documented in 4/104. Added to this: It was narrated by al-Bukhari, in: Chapter on whether one may purchase what he gave in charity..., from the Book of Zakat; in: Chapter on how it is not permissible for anyone to retract his gift or charity, from the Book of Gifts; and in: Chapter on if one gives a horse to be used for the sake of Allah and sees it being sold, from the Book of Jihad. Sahih al-Bukhari 2/157, 3/215, 4/71. And by Muslim, in: Chapter on the dislike of a person purchasing what he gave in charity..., from the Book of Gifts. Sahih Muslim 3/1239. And by al-Tirmidhi, in: Chapter on what has been narrated regarding the dislike of retracting a gift, from the Chapters on Sales; and the chapter on what has been narrated regarding the dislike of retracting a gift, from the Chapters on Patronage (Wala'). Aridat al-Ahwadhi 5/301, 8/293. And by al-Nasa'i, in: Chapter on purchasing charity, from the Book of Zakat. Al-Mujtaba 5/82. And by Ibn Majah, in: Chapter on retracting a gift, from the Book of Gifts. Sunan Ibn Majah 2/797. And by Imam Malik, in: Chapter on purchasing charity and retracting it, from the Book of Zakat. Al-Muwatta 1/282.
