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Sahih Muslim

by Imam Muslim, translation by Abdul Hamid Siddiqui

Volume: The Book of Gifts (Kitab Al-Hibat)

A Hiba is defined as the transfer of the possession of property, movable and immovable, from one person to the other willingly and without any reward. The one who makes this transfer is known as donor (Wahib), and the thing transferred is known as Mauhubah, and the one who is donated is known as Mauhub lahu (donee). The other words used in the language of the Shar'i'ah are Nihla or 'Atiyya.

The act of Hiba is not complete unless the donor surrenders the possession of the thing donated. Moreover, the declaration of donation should be in clear terms without any ambiguity (around them). This act of donation is based on the following hadith of the Holy Prophet (may peace be upon him):" Give presents to one another for this would increase your mutual love." This not only implies the legality of gifts, but the exhortation to give these to one another. There is perfect agreement amongst all the jurists that Hiba is valid in Islam.

The act of donation can be made verbally or in writing by any person capable of making a contract. A gift by a person involved in debt is invalid, and gift in death illness cannot take effect beyond one-third of the assets of the deceased after defraying all necessary expenses. The donation can be made to a living person and not to one who is dead.

The Shari'ah imposes certain restrictions on the property which is to be donated. In the first place, the property must be in existence at the time when the gift is given; hence the gift of oil in the sesame or of butter in the milk would not be valid. The property once given as a gift cannot be revoked except in some extraordinary circumstances. The father is entitled to get back the donation given by him from his children if be finds it contrary to the laws and spirit of the Shari'ah. The right to revoke a gift is called Raj'. This act of revocation can be done with the decree of a competent court.

The list of all chapters in this volume are given below.


List of chapters
DISAPPROVAL OF BEUYING THE DONATED PROPERTY BY THE DONOR HIMSELF
DISAPPROVAL OF GIVING PREFERENCE TO SOME CHILDREN WHILE MAKING DONATION
AL-'UMRA (LIFE GRANT)

Islamic Art Oil Paintings

List of Volumes
The Book of Faith (Kitab Al-Iman)
The Book of Purification (Kitab Al-Taharah)
The Book of Menstruation (Kitab Al-Haid)
The Book of Prayers (Kitab Al-Salat)
The Book of Zakat (Kitab Al-Zakat)
The Book of Fasting (Kitab Al-Sawm)
The Book of Pilgrimage (Kitab Al-Hajj)
The Book of Marriage (Kitab Al-Nikah)
The Book of Divorce (Kitab Al-Talaq)
The Book of Transactions (Kitab Al-Buyu`)
The Book Pertaining to the Rules of Inheritance (Kitab Al-Farai`d)
The Book of Gifts (Kitab Al-Hibat)
The Book of Bequests (Kitab Al-Wasiyya)
The Book of Vows (Kitab Al-Nadhr)
The Book of Oaths (Kitab Al-Aiman)
The Book Pertaining to the Oath, for Establishing the Responsibility of Murders, Fighting, Requital and Blood-Wit (Kitab Al-Kitab Al-Qasama wa'l-Muharaba wa'l-Qisas wa'l-Diyat)
The Book Pertaining to Punishments Prescribed by Islam (Kitab Al-Hudud)
The Book Pertaining to Judicial Decisions (Kitab Al-Aqdiyya)
The Book of Jihad and Expedition (Kitab Al-Jihad wa'l-Siyar)
The Book on Government (Kitab Al-Imara)
The Book of Games and the Animals which May be Slaughtered and the Aninals that Are to be Eaten (Kitab-us-Said wa'l-Dhaba'ih wa ma Yu'kalu min Al-Hayawan)
The Book of Sacrifices (Kitab Al-Adahi)
The Book of Drinks (Kitab Al-Ashriba)
The Book Pertaining to Clothes and Decoration (Kitab Al-Libas wa'l-Zinah)
The Book on General Behaviour (Kitab Al-Adab)
The Book on Salutations and Greetings (Kitab As-Salam)
The Book Concerning the Use of Correct Words (Kitab Al-Alfaz min Al-Adab wa Ghairiha)
The Book of Poetry (Kitab Al-Sh`ir)
The Book of Vision (Kitab Al-Ruya)
The Book Pertaining to the Excellent Qualities of the Holy Prophet (may Peace be upon them) and His Companions (Kitab Al-Fada'il)
The Book Pertaining to the Merits of the Companions (Allah Be Pleased With Them) of the Holy Prophet (May Peace Be Upon Him) (Kitab Al-Fada'il Al-Sahabah)
The Book of Virtue, Good Manners and Joining of the Ties of Relationship (Kitab Al-Birr was-Salat-I-wa'l-Adab)
The Book of Destiny (Kitab-ul-Qadr)
The Book of Knowledge (Kitab Al-`Ilm)
The Book Pertaining to the Remembrance of Allah, Supplication, Repentance and Seeking Forgiveness (Kitab Al-Dhikr)
The Book of Heart-Melting Traditions (Kitab Al-Riqaq)
The Book Pertaining to Repentance and Exhortation to Repentance (Kitab Al-Tauba)
Pertaining To The Charateristics Of The Hypocrites And Command Concerning Them (Kitab Sifat Al-Munafiqin Wa Ahkamihim)
The Book Giving Description of the Day of Judgement, Paradise and Hell (Kitab Sifat Al-Qiyamah wa'l Janna wa'n-Nar)
The Book Pertaining to Paradise, Its Description, Its Bounties and Its Intimates (Kitab Al-Jannat wa Sifat Na'imiha wa Ahliha)
The Book Pertaining to the Turmoil and Portents of the Last Hour (Kitab Al-Fitan wa Ashrat As-Sa`ah)
The Book Pertaining to Piety and Softening of Hearts (Kitab Al-Zuhd wa Al-Raqa'iq)
The Book of Commentary (Kitab Al-Tafsir)
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