Question
A person gave $100 to someone going for Umrah with the condition that he spends it in Makkah. However, the person did not go for Hajj. Can the giver demand the return of the $100?
Answer
If the money was a gift, then he may not ask for its return. A hibah (gift) is valid and final with qabdhah (possession). Any condition attached to hibah falls away. It
RECITING YAA QAWIYYO
Placing the hand on the head after Fardh Salaat and reciting YAA QAWIYYO is beneficial for memory. (Maulana Ashraf Ali Thanvi)
has no validity. The person cannot demand return of the $100 which he had gifted regardless of the unfulfilled condition which in the first place had no validity. However, if the money given was not a gift, but a Sadqah to be distributed in Makkah, then he can demand its return.
- Source
- themajlis.co.za
- Published in
- The Majlis Vol 27 No 09
- PDF page
- 9
Verbatim verified against the source PDF
Appears under MAKTAB FOR GIRLS. This heading is the nearest headline at or before the page and is approximate. Do not cite it alone.