regarding gifts, are women and the worst of people" (8). He also mentioned the hadith of Umar: "Verily, women give to their husbands out of desire and fear, so whatever woman gives her husband something and then wishes to retract it, she has more right to it." Al-Athram recorded it with his chain of transmission (9). This is the opinion of Shurayh and al-Sha'bi, and al-Zuhri narrated it from the judges. There is a third narration from Ahmad, transmitted by Abu Talib, that if she gifts her dowry to him, then if he requested it of her, he must return it to her, whether she is pleased or displeased; because she does not gift it except out of fear of his anger, or [harming her] (10) by marrying another woman over her. If he did not request it and she gave it voluntarily, it is permissible. The apparent meaning of this narration is that whenever there is an attendant circumstance with the gift, such as his requesting it from her, or his anger toward her, or what indicates her fear of him, he may retract it, because the witness of the situation indicates that she did not give it willingly, whereas Allah Almighty only permitted it when there is willingness, as He says: "But if they, of their own good pleasure, remit any part of it to you, take it and enjoy it without fear of any harm" (11). The apparent view in the statement of al-Khiraqi is the first narration, which is the choice of Abu Bakr, based on the saying of Allah Almighty: "Unless they forgive or the one in whose hand is the marriage tie forgives" (12). And His saying: "But if they, of their own good pleasure, remit any part of it to you, take it and enjoy it without fear of any harm," and the generality of the hadiths we previously presented.
Section: It is not lawful for one who gives charity to retract his charity according to all of them; because Umar said in his hadith: "Whoever gives a gift by way of charity, he may not retract it" (13), along with the generality of our hadiths. Thus, their evidence and our evidence agree, and therefore their opinion and our opinion agree.
(8) Recorded by Abd al-Razzaq, in: Chapter on one who returns in his gift, from the Book of Gifts. Al-Musannaf 9/111. And al-Tahawi, in: Chapter on retraction of a gift, from the Book of Gifts and Charity. Sharh Ma'ani al-Athar 4/82. (9) Recorded by Abd al-Razzaq in a similar manner, in: Chapter on a woman's gift to her husband, from the Book of Gifts. Al-Musannaf 9/115. (10) In the original: "ihtiraz" (precaution). (11) Surah al-Nisa 4. (12) Surah al-Baqarah 237. (13) Its authentication was previously mentioned on page 262.
