the statement of the Prophet (peace and blessings of Allah be upon him): "It is not lawful for anyone to give a gift and then retract it, except for a parent regarding what he gives to his child." We have already mentioned it (5). Amr ibn Shu'ayb narrated from his father, from his grandfather, that the Prophet of Allah (peace and blessings of Allah be upon him) said: "A donor may not retract his gift, except for the parent regarding what he gives to his child" (6). This is because he is a donor who has no legal authority (wilayah) over the wealth, so he may not retract his gift, just like a close relative (dhu rahim mahram). Our hadiths are more authentic than theirs (7) and more deserving [of being followed]. As for the statement of Umar, a contrary view has been narrated from his son and Ibn Abbas. As for the loan (ariyah), it is merely a gift of benefits, and possession (qabd) has not been achieved therein. If one takes possession of it by utilizing it, then the parallel to our issue is what he has utilized of the benefits of the loan, for it is not permitted to retract it.

Section: Consensus has been reached that what a person gives to his close relatives (dhawi rahimihim) who are mahram, other than his child, cannot be retracted. Likewise is what a husband gives to his wife. The disagreement concerns those other than these; according to us, no one may retract except the parent, and according to them, no one may retract except for a stranger. As for the wife's gift to her husband, there are two narrations from Ahmad; one of them is that she has no right to retract it. This is the opinion of Umar ibn Abd al-Aziz, al-Nakha'i, Rabi'ah, Malik, al-Thawri, al-Shafi'i, Abu Thawr, and the People of Opinion (Ashab al-Ra'y). It is also the opinion of Ata' and Qatadah. The second [narration] is that she may retract it. Al-Athram said: I heard Ahmad being asked about a woman who gives a gift and then retracts it, and I saw him treating women differently from men. Then he mentioned the hadith: "Only women and the worst of people retract their gifts" (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] 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.