Etiquette of

GIVING IN ISLAM 1
MAIN NOTES:
I. There is a plethora of detail of giving and receiving mentioned in Hadith books and
Islamic resources in libraries all over the world. The present booklet is by no means
complete or conclusive, for even if the subject is written about a hundred times the
finer points and unique situations will never be exhausted. Lines I marked in red
2
were corrections by Hazrat Salejee DB, now turned back to black.
II. The Fiqhi word Hiba and words like Wahib and Mouhoob-Lahu, Umraa (life grant) etc.
and other technical /legal terms are avoided. The booklet comprises general
etiquette in the Islamic spirit, and not Fiqhi (legal) rulings, with maybe a few
exceptions. Zakat, Mahr, Sadaqa are only mentioned in passing wherever necessary
III. Real life and hypothetical and other illustrations needed to be seriously curtailed.
Since Adaab of quoting Hadith requires either the Arabic Matn or a translation of it
from the primary or secondary sources, coupled with Raawi, increase in pages
would have inhibited supportive reference from Ahadeeth in every instance. The
booklet then would have become a book. So it was decided better to let it remain a
booklet.
IV. The Blog will Insha Allah always have an update of the booklet. It will keep being
improved with nearly complete information about the material already in it.
Eventually most questions will have been answered. By this time, after consulting
Hazrat Mufti Ebrahim Salejee Saheb, Damat Barkatuhu, it will Insha Allah be ready
for printing

AUXILIARY NOTES
V. The very basic thought that occurs to mind when the word "give" comes up is the
general idea---- transferring possession of something to another, such as 'give him
the book', (there being nothing to show who owns the book) or 'give me some
more', or 'I gave him the salt shaker when he said, pass the salt please.' (the shaker
was closer to me, and there is no indication of ownership).
VI. To garb the word 'giving' with the term 'gift' endows a definitive significance to the
meaning of the thing given—

1
The calligraphy is Thuluth Wa Kalimatullahi Hiyal Ulyaa is done by Mehmed Ozcay
2
Mufti Saheb Damat Barkatuhu has spared his precious time from continual lectures and other Deeni
activities to peruse this document. May Allah reward him abundantly Aameen.

1
 Aariyat (lending): Transferring ownership of benefits without any exchange
Ijaarah (leasing): Transferring ownership of benefits for an exchange
Bay` (sale): Transferring ownership of a tangible item for an exchange

Otherwise, generally, there are perceptions of the word 'give' that are outside the
periphery of what is discussed hitherto----such as "give him a chance/break", or "the
law does not give any leeway . . . . ” to lend the sense of "allow", or other meanings
at other places.

2
 FOREWORD
by the author
The reader, more than halfway through, could probably think, ‘This is an unusual
book, it is only contents! Why, it is almost incomplete!’ The reason is—the
booklet deals with questions on etiquette of giving, but with few answers. Far
from being a quiz game, its purpose is to seek and find answers, and provoke
further inquiry.

It would have taken less than a year to complete this booklet with all answers,
mostly qualified, after consulting the esteemed Muftiyaan, with ample footnotes
and bibliography of references. But sudden inspiration suggested an unusual
manner to stimulate a quest for knowledge. It will help the modern Muslim, the
women of the family, relatives and friends—even the teenagers—to get into the
habit of consulting the Ulama, because they are there for us.

___________________________________________

3
Ayat Qurniya & Some Ahaadeeth

Innamaa Yakhshallaha min Ibaadihil Ulama

"Those who truly fear Allah, among His Servants, are the Ulama.”

Surah Faatir:28

Innamaa Bu’th-tu Li-Utammimu Makaarimal Akhlaaq

[I have been sent to complete (perfect) Makarimal Akhlaaq]
_______________________________________

• Khairukum man Ta’allamal Qur`ana wa ‘Allamahu

[The best amongst you are those who learn and teach Qur`aan]

4
 Dua and message from
Hazrat Mufti Ebrahim Salejee Saheb, Madda Zilluhul Aalee
Principal, Madrasa Taaleemuddeen, Durban S. A.

E-mail Message
From: mufti@alhaadi.org.za
Wed, Sep 4, 2013 at 1:17 PM

Bismihi Ta`ala
Muhtaramee
Assalamu Alaikum wa Rahmatullahi wa Barakaatuh
Your email refers
May Allah Ta`ala give you success in all that you are doing.
Faqat – was Salaam

(Mufti) E. Salejee

Thu, Sep 19, 2013 at 1:10 PM

Re: Book on Etiquette of Giving
To: Yusuf ibn Aiyyoub <yusufibnaiyyoub@gmail.com>

Bismihi Ta`ala
Muhtarami
Assalamu Alaikum wa Rahmatullahi wa Barakaatuh
Your email refers
We have studied the contents of your book. Masha-Allah, it deals with a very important
topic that requires the public to be aware of. After studying the book, we have
highlighted a few corrections and additions. However, as stated in the introduction
that it is more of contents than actual material, we felt that it may pose as a means of
confusion for the general public as most do not have sound understanding nor do they
have the true zeal to search for explanations of the contents. Hence, it will be of little
benefit to them. We would have really liked to assist in explaining every aspect that
requires in-depth explanation, but due to the lack of time we kindly request you to
accept our apologies in this regard.
May Allah Ta`ala accept your efforts and allow you to be used for the khidmat of His
Deen.

(Mufti) E. Salejee, Madrasah Taleemuddeen

4 Third Avenue, P.O.Box 26393 Isipingo Beach, Durban, 4115 Tel : + 27 31 902 98 18, Fax : + 27 31
902 56 81 URL: alhaadi.org.za

5
 PREFACE
Alhamdulillah, wa Salaamun ‘alaa ibadihil-ladheenas-tafaa, ‘amma ba’ad:

G
ift and its etiquette (pl. Aadaab) is a very delicate issue. Those who
resent bringing the social niceties of gift (hadiya, tuhfa) under any form
of manners or the simplest form of protocol realize, sooner or later,
that disregard of etiquette can cause heartache, and even animosity, defeating
the purpose of giving and receiving.

Allah the Exalted has said, in praising Rasulullah Sallallahu Alaihi wa Sallam, “Wa
innaka La-‘alaa Khuluqin Adheem.” (Surah Qalam, Ayat:4)

[He is of the best conduct (Indeed, you are of sublime conduct)]

Adab is from Akhlaaq (beautiful conduct) and separates mankind from other
creatures. Its very fabric is sanity and consideration, intrinsic love and mercy
3
woven entirely in the fabric of Islam, giving honour when none existed ,
exemplifying a superior way of living that eschews chaos and enriches human
civilization towards a fruitful destiny. Allah Ta’ala Himself instructs us:

“Laqad kaana lakum fee Rasulillahi Uswatun Hasanah . . .” Surah 33:21 [In
Rasulullah you have the best example to follow].

Wa man Aaraadal Aakhirata wa Sa’aa lahaa Sa’yahaa, wa Huwa Mu`minun,

fa Ulaaa-ika Kaana Sa’yuhum Mashkooraa.
[Surah Bani Israa`eel:19]

3
“Nahnu Qaumun A’azzanallahu bil Islaam.” We are a nation that Allah Ta’ala elevated to honour
with Islam) —Sayyidana Umar ibn Khattab Radiyallahu Ta’ala Anhu

6
A kind act or word may be in common with that of another religion and culture.
Allah the Exalted, who is Kareem and Raheem, forthwith rewards any kind act or
word done by anyone. But only those forms of Aadaab (manners) and Amal-as-
Saaleh, done, (with reward of Aakhirah in mind), while being a Muslim, in
conformity with Kalamullah, adorned with the blessed Sunnah in emulation of
Sayyidana Rasulullah Sallallahu Alaihi wa Salam, and as demonstrated by his
noble companions, (may Allah be pleased with them) is Maqbool and attracts
Thawaab (spiritual merit) in Dunya as well as Aakhirah.

Allah Ta’ala and His Rasool, Sallallahu Alaihi wa Sallam, teach us that giving must
be governed by love and feelings that engender Akhuwwat or brotherhood;
hence for a Mu`min it is not too difficult to be careful. Generally, the
characteristics of a gift, and the intention accompanying it makes it either trivial
or crucial. On the other hand, when intertwined with socio-economic dealings,
such as aligning a gift with aspects of inheritance, or oblique and erstwhile
favours, or disputes arising out of social transaction etc. it may call for
application of fiqhi ruling.

The scope of this little booklet is limited, but its purpose is obvious. I hope Allah
Sub-hana wa Ta'ala forgive mistakes and lapses in it, accepts this feeble effort,
and that the booklet would earn the smile of approval of Habibullah Sayyidana
Rasulullah Sallallahu Alaihi wa Sallam, when the A'maal of this unworthy one are
presented to him (Sallallahu Alaihi wa Sallam).

(Dust of the feet of my Shaykh,

(Hazrat Sufi Abdur Rahmaan, Nawwar Allahu Marqadahu)
Ahqarul Ibaad,
Yusuf ibn Aiyyoub,
[Ghufira Lahu]

7
 The Etiquette of Giving

CONTENTS
1. Allah Ta’ala, Azza wa Jalla, is the Giver, who has no equal in giving, who is Al
Kareem, Al Wahhaab and Al Mu'tee (of his Beautiful Attributes, Asmaa-ul-
Husnaa).
Allah Ta’ala’s gifts:
[Allah Ta’alaa has gifted us with the greatest Ne'mat, Imaan, after giving us Wujood, and
the best gift in creating us in Ahsani Taqweem, i. e. in the best of moulds. (Surah Teen)
Allah has said, "I have created the world for you, but you----I have created for Me! --- -in
other riwayaat it is... "… created the universe and the world for you, and you I have
created for the Aakhirah." (Wallaahu A’alam)

THE GIFTS OF ALLAH TA'ALA ARE INNUMERABLE, COUNTLESS.

Giving us our Beloved Nabi Sallallahu Ta'ala Alaihi wa Sallam. The Ambiyaa desired to be
amongst the Ummah of the Khatmul Ambiyaa, Muhammad Sallallahu Alaihi wa Sallam.
In giving us wujood (existence) in his Ummah is a priceless gift from Allah Azza wa Jalla,
and yet Allah has commanded the Mu`min to acquire—Imaan (‘Ya Ayyuhalladheena
Aamanoo, Aaminoo . . . ‘). The rest of mankind, who are not-Muslims, is bereft of Imaan.
Allah has given us Da'wah (to invite non-Muslims to success) which was not a
requirement for people of the Ummah of previous Anbiyaa. With bestowing Imaan
Allah has fulfilled His promise of giving Hayatan Tayyiba (the ideal, blissful life) for the
Mu`min and safety from the infernal Fire.
Allah Ta'ala gave Huzoor Sallallahu Ta'ala Alaihi wa Sallam— SALAAH (Namaaz), a gift in
Al Me'raaj for the Ummah to communicate with Allah with Duaa 4, to avoid evil and its
consequences, and acquire Maghfirat, Jannah.
Allah bestowed the Sunnah of Nabi, Sallallahu Alaihi wa Sallam, the resplendent,
magnificent and only staircase to reach His Qurbat (proximity)—to reach the ultimate
aim (Ghayat)---the Ridhaa of Allah, and His Ruyat 5. So the Banda who follows the Sunnah

4
Supplication, to ask by begging and entreaties
5
Radhaa or Ridhaa is the pleasure of Allah, i. e. He is pleased with His banda (Bondman/woman).
Ruyat is the sight of Allah in Jannah, the Banda will see Him with his own eyes. (Surah Qiyamah:22)

8
 against all odds is thankful, and says, "O Allah it is beyond me to praise Thee enough (as
6
befitting Thee), Thou art—as Thou hast praised Thyself." and then—

YA R ABBI LAKAL HAMDU KAMAA YANBAGHEE, LI-JALAALI WAJHIKA WA ADHEEMI

S ULTAANIK .
3 (a) Giving a gift (commonly known as Hadiya and Tuhfa) is Sunnah of Sayyidul
Kaunayn, Sayyidana wa Nabiyyinaa, Muhammad, Rasulullah, Sallallahu Ta’ala
Alaihi wa Sallam;
1 (b) Definition of gift in Islam [Besides being an aspect of (Mu'aashirah)
etiquette, it is also a vital part of (Mu'aamlaat) Dealings]:

Basic definition:
Gift is the tangible transfer of ownership of something from one person
to another with mutual consent and willingness,
and informing the recipient the fact that it is a gift.

2. Shariah in a nutshell as embodiment of Deen

3. Basic belief of a Muslim about Shariah in brief

3 (a) Some inspiring Ayaat, Ahadith and acts of the adepts, about giving:

The following Ayaat emphasise Sadaqa—

i. The Quran mentions both giving and forgiving together: ‘And compete with
one another for your Lord's forgiveness and a Paradise as vast as the heavens
and earth prepared for the God-fearing, who give generously whether in
times of plenty or in times of hardship, and hold in check their anger, and
pardon their fellow human beings; Allah loves such doers of good.’ [Aal Imran
3:133-134]

ii. Exchanging gifts removes ill feelings—

Huzoor-e-Aqdas, Sayyidana Rasoolullah (Sallallahu Alaihi Wasallam)
has said: “Give gifts to each other; for it removes the ill feelings of the
heart” (Tirmizi, Hadith #: 2130, Narrated by Abu Hurayrah) 7
iii. Sayyidana Rasulullah Sallallahu Alaihi wa Sallam has said,
6
"Allahumma Laa uhsee thanaa-an Alaika, Anta Kamaa athnaita 'alaa Nafsik"]

7
Jamiat Ulama KZN (Daily Nasiha transmission)

9
 “Mal lam yashkurin naas lam yashkurillah”. 8

[Tr.: He who does not thank people will not thank Allah also.] And further said
that if someone gives you a gift, give something better or at least something
equal in return; if you cannot, then you must do Du’aa for him. And further
said, “accept an invitation, and do not return a gift.” (Au kamaa Qaala, or
words to the effect).

iv. Imam al-Ghazali, in his explanation of Allah’s Names, stated that al-Kareem is
“one who forgives despite possessing the power (to punish), follows through
when he promises, gives beyond one's expectations; he is unconcerned about
how much he gives or to whom.”

v. Sadaqa also has no value without love and sympathy. The Quran states: Kind
words and the covering of faults are better than charity followed by injury.
[al-Baqara 2:263] Those who are generous forgive people for their mistakes.

vi. Faqih Abul-Laith Samarkandi had said that if someone gives you a gift—on
condition that he is not an oppressor, and his wealth too is not haraam—
then it is better to accept his gift. In return give something better or at least
something equal; if one cannot give a return gift then one must at least
include the giver in his Du’aa.

A LSO SUBTLE INTERCHANGE BETWEEN H AZRAT KHALIL A HMAD S AHARANPURI AND

HAZRAT MAULANA A SHRAF A LI THANWI , R AHMATULLAHI A LAIHIM , CONCERNING A
GIFT , AND SUBSEQUENT TRANSACTION OF A POCKET WATCH , DURING A TRAIN
JOURNEY — 9

THE GIFT WATCH

Once, Maulana Khaleel Ahmad Saharanpuri Rahmatullah Alaih and Maulana
Ashraf Ali Thanwi Rahmatullah Alaih were travelling by train. They stopped at a
certain place and one of Maulana Thanwi’s Rahmatullah Alaih khaadims who

8
Corrected by Hazrat Salejee Damat Barkatuhu
9
This unworthy author was still searching the extraordinary incident recorded in Miftahul Khair
monthly, Jalaabad, (Dist Muzaffarnagar)—journals published between between 2006—2007. However,
Alhamdulillah by the Fadhl of Allah, like a bolt from the blue, Muhtaram Hazrat Salejee, may his shadow
never grow less, threw open the door of his vast knowledge and insight by showing the way from his rich
Malfooz of Faqihul UmmahRahmatullah Alaih—http://alhaadi.org.za/faqihul-ummah/mawaiz-
discourses/2003-discourse-9-the-passion-of-our-akaabir-for-deeni-knowledge.html Readers will benefit
immensely from Hazrat’s website of Madrasa Taaleemuddeen and its invaluable textual and audio
contents..May Allah Ta’ala include him in His Muqarrabuun, Ameen.

10
resided there, presented him with a watch as a gift. A little while later, when they
were alone, Maulana Saharanpuri Rahmatullah Alaih said to Maulana Thanwi
Rahmatullah Alaih “If you do not require that watch, will you sell it to me?”
“Hadhrat, I belong to you and my possessions belong to you. Why are you even
mentioning about purchasing it? I present it as a gift to you,” Maulana Thanwi
Rahmatullah Alaih answered.
“Since I have already initiated the sale, it cannot be given as a gift now as it can
be construed to be a very subtle way of asking for it,” Maulana Saharanpuri
Rahmatullah Alaih pointed out. “If you had given it to me before my offer to
purchase it that would have been a different matter.”

After some discussion, a price was fixed and Maulana Saharanpuri Rahmatullah
Alaih purchased the watch.

This entire transaction, however, did not remain a secret. Somehow the wind
seemed to have spread the news. Nowadays, news is spread via airwaves
through the radio. The news of the deal reached the ears of the person who had
originally given the watch to Maulana Thanwi Rahmatullah Alaih.

“If I wanted, I could have presented some cash to Maulana Thanwi Rahmatullah
Alaih. The whole purpose of giving the watch was so that Maulana could use it,”
he lamented.
The sorrow of this person reached the ears of Maulana Thanwi Rahmatullah
Alaih. Thus, Maulana approached Hadhrat Saharanpuri Rahmatullah Alaih and
respectfully asked, “Maulana! Could you please return the watch which I had sold
to you?”

“Was there an option in the sale?” queried Maulana Saharanpuri Rahmatullah

Alaih. Maulana Thanwi Rahmatullah Alaih replied in the negative but informed
Maulana Saharanpuri Rahmatullah Alaih about the sorrow expressed by his
friend.

“Was the condition made in the sale that if the one who had given the gift was
unhappy, the watch must be returned?” added Maulana Saharanpuri Rahmatullah
Alaih.
Maulana Thanwi Rahmatullah Alaih again replied in the negative upon which
Maulana Saharanpuri Rahmatullah Alaih stated that the deal was then complete.

“Since the deal is complete, let us now cancel it,” Maulana Thanwi suggested.

11
 “In order to cancel the transaction, both parties need to be happy and I am not
pleased with this proposal. So this deal cannot be cancelled.”
“Hadhrat, you are my senior,” pleaded Maulana Thanwi Rahmatullah Alaih,
“Seniors usually show a lot of kindness to their juniors. Please be kind to me and
return the watch.”
What was the reasoning behind this statement? Maulana Thanwi Rahmatullah
Alaih realised that he was not progressing in terms of principle, so he began to
exploit the bonds of friendship.
“Certainly, I would have returned the watch to you,” assured Maulana
Saharanpuri Rahmatullah Alaih “But my friend made me his proxy to buy a watch
for him. I purchased this watch from you with the intention of purchasing it for
him. He made me a proxy in so far as purchasing it, not selling it. Therefore, I have
no right to cancel the deal and return the watch to you.”
The next day in the majlis, when the khaadim had arrived, Maulana Saharanpuri
Rahmatullah Alaih returned the watch to Maulana Thanwi Rahmatullah Alaih.
“Hadhrat, what about the explanation you had given me yesterday about not
having the right to cancel the deal?” Maulana Thanwi Rahmatullah Alaih asked,
baffled.

“The matter is as I had stated. However, I have complete confidence in my friend

that, if I inform him of my action, he will not become displeased.”
Whatever factors were discussed amongst our pious predecessors were always
linked to ‘ilm.
From this single anecdote, how many masaa’il can be extracted! An important
etiquette of presenting a gift was learnt from this incident, i. e. the giver should
not become displeased with the decision taken by the recipient because he has
the volition to do as he pleases with the gift. When people listen attentively to
the anecdotes of our pious predecessors, they gain tremendous benefit.

4. Identifying one's intention governing the act of giving: Unless mentioned

otherwise, people generally assume that a thing given is free, when
accompanied by comments like, “Take this” or “—and this is for you . . .” 10

10
Esteemed Mufti Salejee Saheb DB advised, “These are words that revolve around understanding and
usage. Hence, a general decree cannot be passed for such comments and statements.

12
Those who are scrupulous ask, “Is this to be returned after use etc.?” (except
when it is something to be eaten or consumed.)

4 (a) Confirming (Niyyat) the thought or resolve in one's mind

11
“Wa Aufoo bil ‘Ahdi, innal ’Ahda kaana Mas`oolaa.”

In an unusual manner and out of a spurt of generosity one tells a taxi driver
that he would pay more than the former asked for. Such a thought must be
carried out as early as one can, and if declared it must be fulfilled
immediately. In this case when the journey is complete he must pay what he
promised. 12
A real life incident:
http://www.arabacademy.com/arabic-blog/short_story_competition/the-taxi-
driver-by-idris-lien/

4 (b) Giving on impulse, or, the question of changing one's mind after intending
(Niyyat), before having given the gift (see 4-a)
The reasons could be various—
• A person needs the thing himself, or his family needs it, or another is more
suitable and deserving.
• Before giving or announcing one’s intention to give, when one discovers ill-
repute or misconduct etc. of recipient---directly, or after tahqeeq
(verification) from a reliable source, [—so his heart becomes disinclined to
giving].

5. That which is not a gift: [see also 18 (a) ] These situations can be very complex,
such as when a plumber is asked to a job specified in no uncertain terms, and the
employer asks him to cut a steel rod which was not part of the work, or when a
locksmith hands over a pair of keys he made, and the customer (fishing for a
freebie) says, “—and the key chain for it?” The key chain is on display, so the
locksmith can either give it gratis, or say it costs so much.

5. A gift given reluctantly is not a gift— (a) A thing given when asked for is not a
gift. The vice of insisting on, or compelling a person to give something as a gift:

11
Bani Isra`eel:34
12
Ref. True life incident

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 Hazrat Abu Hurrah Riqaashi, Radiallahu Anhu, narrates on the authority of his paternal
uncle that Rasulullah sallallahu Alaihi wa Sallam said, "Hear! Do not be unjust! Hear! A
man's wealth is not halal for another without his voluntary consent." [Au kamaa Qaala]
(Baihaqee; Dara Qutnee)

5 (b) Characteristics of bribe as opposed to gift

5 (c) Permissibility (Ibahat) and impermissibility (hurmat) of earnest money, fine,

tax, penalty, restitution funds for damage payment, non-refundable deposit,
transfer of market goodwill (credit standing), gratuitous payments, etc.

5. (d) The characteristics of tip given to service personnel such as a waiter, nurse,
attendant, servant, room service, valet, or helper et al at railway station, port of
entry, and other areas, as distinguished from payment for service, bribe and
financing, and other payments that may or may not be, as the case may be,
reprehensible.

6. Detail of types of gift (already prevalent in the entire document)

6 (a) Wedding, dower, prize, the prize in a contest such as a debate, competition,
race etc.

6 (b) To announce one's intention of giving to the one who receives, privately, in
the presence of another party, or publicly:

Avoiding ambiguity: The one to whom it is given is the recipient of the gift and hence
the owner of it henceforth. The person for whom it is intended should be mentioned
and announced if need be (in his/her absence, with an accompanying note), more so
when the gift is sent by means of another, otherwise there can be a confusion, so
that the representative/assistant or another person will take it assuming it is given to
him.

6 (c) Reverting and changing one's mind about giving to someone after declaring
the intention [See also 4 (b)]

(d) The need of Informing the receiver that the thing given is a gift: Difference
between Sadqa and gift.

(e) Sometimes the container, such as bag, box etc. is as expensive as the gift it
contains. Unless the recipient is informed that he/she should return the
container, the recipient can safely assume that it is part of the gift. But prudency
in receiving is to say, “Please wait, I will empty/remove the gift and give you the

14
bag . . . . “ or ask whether the container needs to be returned; and the giver
should say, “Don’t return the bag or case or vessel, it is part of the gift, or the
13
opposite— “Please return the bag after you have removed the gift.”

(f) The crucially important scruple (Ehtiyaat) that the recipient needs to
ascertain—what it is that he has accepted, a gift or loan or something given for
inspection or opinion etc.: On the other hand, if a thing is lent, the giver must
declare that the thing (such as book, apparatus, money) given is loan that must
be returned, to erase the notion that it could be a gift.
Small Favours:
(g) It is a common tendency of most people to ask juniors to do errands.
However. Sayyidana Rasulullah Salallahu Alaihi wa Sallam always did his own
work. Imam Al A’zam Abu Hanifa Rahmatullah Alaih never asked anyone for
even the smallest favours. A Sahabi (RadiallahuTa’ala Anhu) is reported to have
dismounted from his saddle to pick up his whip that had fallen down
accidentally, even as an acquaintance stood close by who said “I could have
passed it on to you.” The Sahabi said, “As-Su`aalu Dhillun” meaning, to ask is
disgraceful.
In the world of acquisition of Deeni knowledge Maulana Khalil Ahmad
Saharanpuri R.A., Hakimul Ummat Hazrat Thanwi R.A., Faqihul Ummah Hazrat
Mahmudul Hasan Gangohi R. A. and other contemporaries are known to have
cautioned teachers (Asaatiza) to be scrupulous and avoid asking favours of
anyone, especially juniors, and that Ghairat is in doing things on your own. In
Hathaura Madrasa (India) Hazrat Maulana Siddiq Ahmad Bandwi R. A. the
Muhtamim, personally cleaned the toilets late at night during Tahajjud hours
whenever they remained neglected for long.
On the other hand and in the same vein, it is not uncommon that a junior
person agrees to convey something (a gift etc.) for his senior who is a family
member, teacher, relative, or employer et al. The recipient knows nothing
about it, nor has asked for the favour. The favour is actually asked by the
sender. Since the courier belonged to same town or city, the sender considered
the decision expedient and economical.
This senior person, on receiving the gift or thing sent will look at two things:
who is the sender and why he chose this intermediary as courier; and whether

13
Our Deen emphasizes transparency in social transaction, known as Safaie-e-Ma-amlaat in Urdu,
th
epitomized in the 20 century by Hakim ul Ummat R. A. Maulana Ashraf Ali Thanwi’s copious writings
and malfoozaat (sayings) underscore scrupulosity in dealings.

15
 the in-between (the courier) agreed to bring it willingly: Did he agree to bring it
because he couldn't refuse, since the items sent were for his (the courier's)
immediate senior, manager, director, supervisor et al.?
However, very few senders are cautious (Muhtaat). Referring to the foregoing,
we know that the junior (courier) will have done the favour for the recipient
without the latter knowing anything about it, or having asked for it. This could
burden the recipient (even if slightly) with the un-asked favour. The recipient
would need to be lenient or extend other courtesies to the courier, his junior, or
he will have to do a quick return favour (such as give a gift or extend a favour)
to offset the favour done, and then remain on the same plane as before. So the
sender should have the insight to avoid burdening the recipient.

(h) The Sa'adaat (Saiyyids, descendants of Nabi Sallallahu Alaihi wa Sallam)

cannot accept Sadaqa and Zakat but can receive gift. [Incident of Nabi al Kareem,
Sallallahu Alaihi wa Sallam removing a morsel/date from the mouth of one of his
grandchildren, saying, “ Kakh, Kakh . . . . . . !” ] Au kama Qaala Alaihi Salaatu was
Salaam.

(i) The delicate transaction of giving servants and employees, and declaring the
bestowal distinct from salary —
a) TOILET CLEANER: “Here, keep this (Rs.20/-) Come sharp at 2:00 and clean the
toilet.” The generous hirer intends to give him another 60/- to make it
eighty, if the work is done really well. The poor toilet cleaner looks at the
20/- and says that the charge is Rs.60/- for that is the rate going. Hirer says,
“Carry on, I’ll see the results and then pay you the rest.” The need is to
declare that it is advance payment adjustable with final settlement or a gift
separate from the final 60/-, (for workers don’t expect surprises).
b) Apprentice—subject to an agreement to learn as well as work: quantum of
work defined and payment agreed on, distinct from any bonus or festive
gift.
c) Carpenter or plumber et al doing a one off job. Advance payment, down
payment, balance due, and ex gratia need to defined.

(i) Gifts to friends, family, elders, relatives (see also 5)

(j) The distinction of gift from the wedding gift Mahr (a social transaction)

7. (Delicate Masaa-il: One) Mentioning the gift in private, or declaring audibly, or

in writing, and/or in the presence of witnesses, given as—

16
 i) a gift, or
ii) a thing lent, or (see also 6)
iii) payment in lieu of service rendered
iv) rent or lease
v) loan, etc.

vi) A job needs to be done and the person who is assigning the job hints that it is
being done for so and so, or that so-and-so is also on the committee. The hint being
that Don’t charge money for it! The worker or architect, artist, or designer et al
knows the person being referred to very well, being a great friend. But it is possible
that the worker is in no mood to do it for free, or that he is hard up and in dire
straits.
It is wise on the part of both to get down to straight dealing. The worker should
ask, “Is this a transaction, or do you want this done without charge?” And the
person assigning the job must declare straightaway, “We cannot pay for it, we have
a low budget, or we can pay very little, will you accept the job?”

vii) Can money or other items be given as gift to the reciter of Qur`an in
Taraweeh?
Mufti Zakaria Makada: “Performing Taraweeh is an ibaadat. Taking a gift in
14
exchange of an optional Ibaadat is impermissible in Islam” (

viii (a) Gift to child not having reached puberty— who recites well—to encourage
him/her to learn the Qur`an. [In his case the gift should preferably be non-
monetary, i.e. confectionery or stationery or other useful thing suitable for the
student, or to parents, money can be given to them as incentive to continue
encouraging the student]

ix) Gift given by a child, one who has not reached puberty;
Also, gift to a child not yet born.

x) Gift to someone's subordinate, junior, employee et al.—

A visitor who is a friend, close associate, or an ally of an organisation, office,
institution, or a family etc. desires to give a gift to a junior or subordinate,
possibly a small parting gift to one who has given good service or behaved well.

14
Query answered by Mufti Zakaria Makada, Damat Barkatuhu, Madrasa Taaleemuddeen, Isipingo
Beach, South Africa

17
Will giving him/her offend the employer or owner of the outfit? This is another
delicate situation that can strain a good relationship.
There is no need to worry if the gift is of trivial value. Still, the wise thing to do is
to inform or consult the head of the house, institution etc. who might ask what is
it that you wish to give, since certain types of gift can create the wrong effect
and lead to complications.

xi) Money or thing of equivalent value paid as gift to a person, who conducts a
Nikah ceremony and records the transaction

xii) An Expensive Gift (included in Pecheeda Masaa-il)

A wealthy person gives an expensive gift, a twelve seater SUV vehicle. Both the
giver and recipient are not related to one another, but with long association and
strong Deeni nisbat have intense Muhabbat for one another for the sake of Allah
Ta'ala. Nonetheless, recipient could be someone in an official position. Recipient
refuses despite there being no conditions attached.
On pressing insistence from the giver the recipient says he will accept on the
condition that he in turn would confer the gift to a certain charitable
organisaton. The giver agrees.
or----
"Akhee, it is too expensive for me to accept it."
The giver says, "OK, will you buy it, Ya Sayyidee? I will sell it to you for one rupee,
and put it in writing."
So the recipient agrees but includes witnesses to the documentation etc.

B ENEDICTION BY R EPRIMAND —
A student/Mureed brought an expensive gift (a large, intricately executed framed
specimen of calligraphy) for his Shaykh (Rahmatullah Alaih). The Shaykh admired
the calligraphy (because the student had done it) accepted it, saying “Al
Hamdulillah, Mashaa Allah,” with a smile, and told his son to keep it in a safe
place. Immediately thereafter the servant brought tea. There was some Islaahi
talk etc. On some point the Shaykh severely reprimanded the student and
scolded him for about 15 minutes in the presence of his son and the servant. The
student could swear that it was no fault of his, and that the Shaykh was simply
testing him.

18
 With head bent the student acquiesced to the reprimand, and said, “It is my fault,
Hazrat,” and inwardly—“Al Hamdulillah!” He reminded himself that he had come
for Islaah and not to receive a special treatment for having brought the gift which
was out of love. He told himself, this reprimand is also out of the Shaykh’s love for
me, a manner of benediction, and a means for Rafa’ Darajaat, leading to other
15
benefits.

8. Written declaration of a donor or one who gives moneys, property etc. as

endowment to a family, a group, a Masjid, Madrasa, orphanage, a charity trust,
for public campaign, an institution et al. (Ref. A standard document in Appendix
I): This is an optional statement of intent of the donor for the protection of the
recipient/institution. If the donor declines to sign such a document it is up to the
recipient whether to accept, despite the refusal.

8 (a) [This issue can be categorized under ‘Pecheeda (complex, delicate) Masa`il’
also. (see 12)]
16
Questions about giving to a Dar ul Qadhaa, and Darul Iftaa (refers to India only):
Note the donor’s vested interest, and the risk of accepting donation from the
public, especially Muslims, who are expected to bring their cases to Darul
Qadhaa, unlike those that run with income from Islamic Trusts or Shariah-
compliant investments. Previously Muslim rulers supported Darul Qadhaa. In
some cities in India Darul Qadhaa is poorly funded, and often cannot even
afford upkeep of the premises, let alone salaries of research assistants.
[In a non-Islamic country, a verdict by a Darul Iftaa or Darul Qadhaa are
Shar`ee opinion as well as Fatawa based on Fiqhi (legal) precedents applied to
new and individual cases, and does not amount to enforcement of the
Shariah; and hence following it is up to the Muslim appellant, depending on
who he considers authoritative over his personal life legally. In a non-Muslim
country, as regards Muslim personal law, if the appellant earnestly conforms to
the Shariah with true Taqwa, no power on earth can prevent him from acting
on the Shar’ee ruling.]

15
Khalifa of Hakimul Islam Hazrat Qari Tayyib Saheb Rahmatullah Alaih
16
These are offices presided over and administrated by qualified Muslim Theologians, mostly Muftiyaan
and Qadhis, for providing and issuing laws and rulings, and for arbitration based on the Shariah, and not
man-made laws. They are established by Trust funds in a non-Muslim country, and by the Haakim or
Ruler in a Muslim country (wherein the subject is bound by the rulings)

19
 To summarise, a Declaration of Intent can be viewed as an
indispensable document that can effectively protect
an Islamic institution when it receives donation.]

8 (b) Gift to a non-Muslim

8 (c) Gift to a widow, divorcee, orphan, or victim of personal and natural disaster

8 (d) Gift to a wealthy person

8 (e) Gift cannot invalidate one’s entitlement to inheritance (Meeraath).

8 (f) Sponsoring: generally characterized as donating with a vested interest in a

project, event, or a person’s career, such as a food processing company having
advertising interest in sponsoring a race etc. It can only have the spirit of truly
charitable giving when it is cleansed of strings (ulterior motive): Sponsoring a
wedding, education, critical surgery, medical treatment, or a funeral, fall in this
category.

9. Details about how giving and receiving can affect a personal relationship
[Mention Hadith, “Ta’aashiroo kal-Ikhwaan, wa Ta’aamiloo kal Ajaanib.” Meet
(socialize) like brothers, and deal (transact) like strangers.]

9 (a) Peculiarities about giving gifts, on family occasions, such as a wedding,

betrothal, etc.

9 (b) Concerning the distinctions between award, reward, prize, bonus,

donation, endowment, incentives etc.

10. The distinctive characteristic of the gift such as—

(a) Quantity and value, such as transfer of property, money, gold, precious
stones, jewellery, antiques, share certificates etc.

(b) Dimensions, such as size, machinery, electronic devices, a house, automobile,

heavy equipment etc. (see also 8, and 7 ix)

(c) Horse/s, livestock, poultry, birds, fish and other marine creatures, zoo
animals etc. and pets

(d) It is known that generally slavery is abolished in all parts of the world.
Nonetheless, the question needs considering—Can a slave be given as a gift?
20
(Refer to links online, on the subject on the subject of slavery—
http://www.deoband.org/2013/01/hadith/hadith-commentary/slavery-in-islam/
http://www.alislam.co.za/cms/archives/questions/question-8658-23122012

(e) Various edible items such as grocery (fresh and dry) milk, honey, meat, oils,
ice, agricultural produce, food grains, etc. including all forms of cooked and
refrigerated food. (Refer to predicaments about items that disintegrate, decay or
melt with time, such as ice etc.)

(e) Composition of material such as liquids, powder, solvents, gas, and other
items difficult to receive, handle, dispose, and store, or hazardous to keep in
one’s possession.

(f) Miscellaneous gifts permitted, or prohibited socially and legally, or frowned

upon

(g) Donating one’s body parts in a will/statement.

(h) Travel expense, ticket, and/or hotel accommodation and other expenditure
as gift

(i) Giving something without having the thing in one's possession or ownership,
or something which is physically existent and located in another place or country.

(j) Giving a purchase coupon etc. whose value is already paid

(k) Giving various types of cheques and drafts as gift

(l) The bane of intangible favours posing as gifts

(m) A deferred gift. Conditions governing monetary income, agricultural

produce, animals etc. and other tangible and intangible things maturing with
time. Also, “If I win the prize I will bequeath it to you . . . ;” Bequeathing either a
17
whole animal or its unborn calf, and similar promises.

11. Gift and its political and social implications

11 (a) Proclaiming/publishing information about a gift given

12. Delicate and potentially serious predicaments (described in Urdu as Pecheeda

Masaa-il) and complex issues about gift, such as—

17
All predicaments needing Fiqhi ruling should be referred to a Mufti

21
[See also 8 (a)]

i. Expecting return of favours etc., and other sensitive situations (If the gift is
actually a loan, the favour done to the lender becomes interest. In case of a gift
the favour expected is tainted with the blight of ulterior motive.

ii. Conditions and other strings accompanying a gift, or soon after it is given.
(Good people generally make Dua for all benefactors and well-wishers; but it is
bad manners to ask for Dua after giving a gift.

[The detestable tendency of giving to a dervish, a buzurg or even a

beggar, and immediately asking him to make Dua for the giver.]

An incident: A visitor had given a monetary gift in an envelope to

Hazratwala Hardoi18 Rahmatullah Alaih, and requested Hazrat to make
Dua for him. Hazrat had not touched the envelope as it lay on the
desktop, and told him, a businessman, to take the money back, muttering
politely, “Are you trying to purchase Dua?” [Au kamaa Qaala, or words to
the effect]

[I recall news about admission to an institution (identity of Institution and

official concealed) in an exceptional circumstance, in lieu of a substantial
donation: The incident of an official of a prestigious—but cash-strapped—
University in the UK declaring to a donor unofficially, “. . . . going against
the norms is unthinkable. Nonetheless, on giving a fair degree of thought
to it I discovered that a leeway can certainly be considered under
extenuating circumstances.” (In other words, admission will be granted!)]

iii. Referring to a thing given in the past or history-----attempts at settling debts

and accounts by referring to the historical gift.

v. Doing something for someone or giving something (sending/depositing)

without the recipient's knowledge, and declaring that it was a gift.

vi. Giving a portion of something, such as a house, cloth or liquid etc. Some
aspects about indivisible material (—also consider immeasurable materials)

vii. Equality in giving to more than one wife. (Some incidents of Hazrat Thanwi
R.A.)

18
Muhyyus-Sunnah, Maulana Syed Abrarul Haq of Hardoi, UP, (Shaykh of Hazrat Marhoom Hakim Akhtar
R.A.) The last Khalifa of Hazrat Thanwi to leave the world.

22
viii. Gift to a non-Mahram; also covers the Mas`ala of impermissibility of giving to
another’s wife, and in exceptional circumstances, under what conditions, and in
what manner it is permitted.

a) Gift to a non-Mahram is impermissible, except with the consent of the

recipient’s parents, or when the gift is motivated by providing succour or
special aid to a victim, or a charitable donation/endowment, with a
declaration of intent, and is given by the agency of mahram witnesses.
[Ref: The historic donation of Saulatun Nisaa Rahmatullah Alaihaa, to
Allama Kairanwi Rahmatullah Alaih, eventually leading to the establishment
of Madrasa Saulatiyah, Makka, or giving funds to male enablers, architects,
designers et al in the case of Fatima Al Fihri and her sister, R.A., towards
the establishment of Madrasa Qarawayn, Fas, Maghreb]

b) It is impermissible for one (male) to say to another male—his friend,

relative or even a stranger, “This is a gift for your wife” (daughter, sister et
al) whatever the gift may be, unless he declares that “it is on behalf of my
wife” or sister et al.
On the other hand, news reaches a person about a crucial surgery of a
friend’s or relative’s wife, or the friend himself mentions it. The friend has
no money for it. In offering help one should keep his own name and identity
out of it, insisting on remaining anonymous, or make his own wife, sister,
mother, or daughter become the giver.

c) Gift to and from a non-Mahram, such as a colleague: A female co-worker in

an office, hospital, college, airport, etc. gives a gift to a non-Mahram
Muslim male. What should be done? (see a)

ix. The recipient's right to accept or decline a gift whether or not he/she agrees
to the conditions, if any.

x. Transforming a "loan" into a gift and vice versa: The vice of

declaring/informing the recipient (after bestowal) that the gift was a loan.

xi. Attending to, repairing, enhancing a gift after it is given, without or with the
knowledge or consent of the recipient (see also 12 xvii borrowing a gift)

xii. Proclaiming a gift given in privacy without the knowledge and consent of the
recipient [see also 11 (a)]

xiii. To keep inquiring about the gift after it is given; and to mention by innuendo.

23
xiv. Giving to a person who does not know the giver

xv. Onus of expenditure in transporting a gift

xvi. When one party tells the other that the former need not pay for a certain
transaction, that it is a gift

xvii. Giver wishes to see the gift already given, or inspect it.

xvii. Asking to borrow a gift already given, or refer to it, or take a photograph of
it, such as an electric drill, or a book etc. Also, a vehicle of transport or a
house/warehouse the giver wants to use, or to lodge a guest temporarily.

xxi. Attempting or offering to buy back the gift: (Incident of Sayyidana Umar ibn
Khattab Radiallahu Anhu consulting Nabiyyinaa Rasulullah Sallallahu Alaihi wa
Sallam whether he could buy back the horse he gave to someone . . . . )
[see also---3 (a) ]

xx. Prohibition or permissibility (as the case may be) in benefiting from a
donation and/or endowment, or from its proceeds/income subject to the terms
of the declaration.

13. Returning a gift

(a) Returning a gift once it is known that its source is haram or doubtful, or that
the giver is not the sole owner of it

(b) Giving something which belongs to someone else; recipient’s right to inquire
about the gift which is unknown or out of sight, under wraps, even if it is a
surprise.

(c) To whom does the food belong when an individual guest is invited for an
exclusive dinner and served food etc.? There are various reports with varying
implications—

i. (Hadith of Sayyidana wa Nabiyyinaa Rasulullah Sallallahu Alaihi wa Sallam

inviting others to a meal where he was a guest,
ii. and the incident of Muhiyyus-Sunnah Maulana Sayyid Abrarul Haq
Hazratwala Hardoi Rahmatullah Alaih) telling his host to include others in
the dinner/lunch).
iii. Hazrat Sufi Abdur Rahmaan Rahmatullah Alaih, told his student (visiting him
for Islaah) who tried to split his tea with a third man present (an accountant

24
 of Sufi Saheb), “Drink it yourself, it is for you and I have ordered it for you. It
belongs to me and you have no right to offer it to him.”

d) Gift from one's halal earnings (The scrupulous act of Hazrat Thanwi
Rahmatullah Alaih when he asked a public official to spend the money on a
dinner he was hosting for the former from his salary, and not from ex-gratia
funds or bonus received)

di) SCRUPULOSITY OF THE KHALIFA OF HAZRAT THANWI RAHMATULLAH ALAIH (1987-8)

When the Majlis was over and I hung back, wanting to give a gift, an engraved plate and
an embroidered scarf. Hazrat Maulana Maseehullah Khan Saheb Sherwani, Rahmatullah
Alaih, looked at me inquiringly as I offered the gifts,
“Hazrat please accept this Hadiya.” Hazratwala had never seen me before but knew I
was part of the Majlis audience.
“Where have you come from?”
“Ahmedabad, Gujarat.”
“Have you come here exclusively or had other business?”
“I have come here exclusively with permission from my Shaykh. But I am staying at my
sister’s house in New Delhi.”
“Is this gift given with Sidq –e-Dil, without any motives?”
“Yes, Hazrat, Yaqeenan.”
“Theek hai keep it on the table here, Allah aap ko behter Jazaa de, you can return to your
room.”
(d-ii) The abominable vice of asking for the return of a gift and the loathsome
tendency of reminding the recipient about a gift given

(e) The right to refuse to return a gift, even if the giver says it was a mistake, or
the wrong thing was given. However, it is the recipient’s prerogative if he wishes
to be magnanimous and consent to co-operate.

(f) Requesting return of a gift once the giver discovers or remembers that it
(such as a bag etc.) contains things of value and importance—such as precious
stones or metals of high worth, or that it contains maps or documents, or if the
contents belong to someone else. [One should thoroughly inspect the gift
before delivering it to avoid embarrassment.]

—In such a case the right to refuse rests with the new owner of the gift,

25
 and return or inspection etc. can only be at the discretion, and with the
consent of the new owner (recipient of the gift).19

(g.) We are aware that with people who are close and with whom there is a
great deal of informality (be-Takallufi), one can be relaxed and not over cautious.
But some recipients have sensitive temperaments, with who the nisbat is not of
long standing nor a strong bond of family or other relation. So it is advisable for
the giver to distance himself from the recipient for a considerable time and not
hang around or call or visit him/her often. Such an attitude lacks refinement and
could emotionally burden the recipient. It is better to be mindful of this subtlety.

(g.i) The immediate thought that comes to one’s mind as propriety of what
follows from a gift is gratitude (being Ehsaanmand).

20
[see also 3 a. (2) “Mal-Lam Yashkurin Naasa. . .” ]

What is of crucial importance here is the attitude of the giver, after having given
the gift—especially when there is not even a simple thank you or Jazakallah
uttered by the recipient. In the following Hadith the delicate human
temperaments are laid bare:
The extraordinary Hadith about fearing the person to whom one has given
something as gift:
. . . . The Sahaba inquired, “Ya Rasulallah, why should the giver fear the
recipient?” Sayyidana Rasulullah, Sallallahu Alaihi wa Sallam, said “The recipient
will be behave unpleasantly towards the giver. So the giver will be offended
21
and remind him of the favour done, and thus lose all the Thawaab of giving.”
(Au kamaa Qaala Alaihi Salaatu was-Salaam (or words to the effect).
___________________

A friendly customer offers money to a craftsman to repair his shop. Recipient

takes it and thanks him, saying that he will return it within six months.
Customer says that it is a gift and needn't be returned. When the customer

19
refer to the Muftiyaan
20
Mufti Ebrahim Salejee Daamat Barkatuhu, in reply to my query:Al Haadi website, Madrasa
Taaleemudden, Targheeb transmission by mail.
21
The Hadith needs to be located: Ulama have admitted that such a Hadith exists, and the source is
Thiqaa

26
 comes next for his framing to be done, the wary craftsman says it will cost
nothing. "It's from me."

Customer says nothing doing, this is Ma'amlaat, and pays the full sum without
any discount in price. There is friendly talk out of the topic of framing and
they have tea together and talk about the weather and situation in the Middle
East.

Even in such a situation there will always be the favour done in the back of
the recipient's mind whenever the customer will walk in.

In giving, if one is practising Taqwa, (awe and fear of the presence of Allah),
and has a special bond with Allah Ta'ala and his Rasool, Sallallahu Alaihi wa
Sallam, then one should always try to keep oneself out of it to continue a
healthy relationship. Say things like, "I am not giving this, it is someone else's
money." "A purdah-nasheen lady, or one in Iddat, or an old woman or man
who cannot move about has entrusted me with this money to give it as a gift
to whoever I wish."

———KEEPING ONESELF OUT OF IT———

1. Giving one's own money etc.

2. The one (Ameen/courier) who conveys someone else's bestowal
These are both peculiar situations, and it calls for prudency on the part of
the bestower.

1 (a) It is known from the foregoing paragraphs that the recipient

generally resents the person who gives him (or being at the receiving
end), and feels uncomfortable meeting the bestower at any time, even
by chance. There is the constant awareness that this is the man who
gave me such and such thing. This is only offset by the wise counsel of a
return gift as emphasised in the Hadith. [see 3(a) iii] But not everyone
possesses the means for it, especially if the gift given is of some
considerable value. Moreover, since all persons are not alike in being
gracious and magnanimous, the bestower, if he is not a person
sensitive to others’ feelings, will behave in a way differently compared
to the manner he used to do earlier.
So the way out is the way of subtlety and tact----to keep oneself out of it
(without resorting to falsehood). A gives his brother (B) some money
27
 as gift. B takes the money and waits for instructions: A asks him 'I
earnestly encourage you to give it to C,' (although it really belongs to
the former).

Now he asks him, “Can I convey this amount to so-and-so person ‘C’ as
a gift from you? B says, 'why not, I will earn thawab, wont I?'

So when A meets C he will say, ‘I have some money for you, it is given
as a gift by someone who is a good and pious man, with halal earnings,
but wishes to keep his identity a secret; will you accept it?' C says, “I
will, thank you; May Allah reward the giver.”

Now C and A will continue to meet socially without feeling awkward.

2. (b) Conveying someone else's money etc. The in-between is in the

role of a courier/conveyer. It is not his money. There are Muslims in
other countries, some are women, and they want things done locally in
their home country, and they can trust only the ones whom they have
known as trustworthy, Amaanat daar.

Some persons are not well off in reality and look quite well-to-do; and it
not unknown that an honest man conveys enormous sums to another
while he has not enough money in his pocket for even a cup of tea, and
was broke for several days, never telling anyone. Still, he is a man of
Taqwa, and not attached to wealth. The bestower trusts him. So Zakat
and Sadaqa and other monies are conveyed to those recipients in time.

He says, "Mrs. So-and-So from the US has sent it for you and your
family.”

The recipient who receives it knows the courier is not the giver---and
hence both recipient and the courier meet quite often as friends, and
the recipient never feels uncomfortable in the latter's presence.

(g-ii) One rich and generous person, now deceased Rahimahum-Allahu, we

will call him Idries Al Khidr, gave loan (Qarz-e-Hasana) to a friend, an English
expatriate, in an Arabian city. There were also previous loans given that
were not returned, and Idries never reminded him about it and continued to
help him, knowing ‘E’ was almost always broke. We were in a shopping mall
and Idries quickly ducked in a florist’s alley.

28
When I inquired about it he said, “There’s man walking in our direction who
owes me money, and it is six months now. I just don’t want to embarrass
the poor chap, so I will wait here until he has gone.”

(g-iii) "The Perfection of Giving"

There is an elusive saying whose source is not found yet, which could be a Hadith
(discovered in a Thuluth calligraphic specimen of Ustadh Kazasker Mustafa 'Izzet
Efendi (Rahimallahu) of Turkey that goes like this:

"Kamaal Al Joodi Al I'tizaari Ma'ahoo"

The perfection of giving is when it is accompanied by apology. [Source: Ottoman

Souvenir]
(There are many incidents illustrating this— found in the acts of the true
Ahlullah all over the world, and in the Aqwaal and Malfoozaat of the incomparable
Mashaaikh of Dyoband that bring tears to the eyes.)

14. Something given in a hurry or great rush, and the giver fails to say whether it
is, or is not to be returned. What should the recipient do?

15. A gift should be shown or described, as the case may be, when the recipient
has not seen the gift, (it is wrapped, in the custody of another, or on its way). [see
also 13 (b)]

16. Gift to a blind person.

Umayr gave a handful of coins to a blind, old beggar calling out to Allah,
and said, “Pray for me, Uncle!” The beggar took it and trudged on. Close
on his heels another pedestrian put a coin in his hand and said very
audibly, “Don’t pray dua for me.” The beggar smiled, and so did his closed
eyes, and said, “This is the most lofty thing (oonchi baat) you could have
said all day!” and walked on.

29
 (a) Informing the blind person that it is a gift by phone conversation
(b) Third party (or messenger) informs the blind person that it is a gift from
a certain person.

17. Gift given to a group---identifying the target. Ensuring the recipient is the
person authorized to represent the group, such as an association, a team, NGO;
and bestowal in writing, and in presence of witnesses.

18. A gift accompanied by valid/reasonable conditions: (see also 12)

18. (a) Peculiarities of conditions can range from the reasonable to strange to
complex, and must be clarified by consulting the eminent Muftiyaan, such as—

A pays for electricity connection (an extension) extended to him by B.

B further on gives ‘A’ a gift of a large deep freeze on condition that he lets B
and his family members, relatives, and associates store some of their own
items needed to be frozen (with the stipulation that after transfer of
ownership (tamleek) A will pay all the expense of electricity bills and
maintenance.).

The Muftiyaan should be consulted for disambiguation concerning the specific

case and its details, since it opens possibilities of misunderstandings on certain
aspects of sharing.

Generally the agreement should be in writing. But since most donors take
offense to suggestions about a written agreement, there can be witnesses
present to listen to the conditions, casually and unobtrusively: a) How much
space will be occupied in the freezer b) What items will be stored, and what
will not be stored c) For how long (period of sharing) etc.

Another example: “These books are a gift to you.” or “. . . for your library.”
“These books are a gift for you (or your library) on condition that I and those I
recommend may be allowed to refer to them from time to time.”

The conditional gift is technically not a gift since a gift is total ownership with
hundred percent tasarruf (exercising the rights of ownership to do what one
wishes with it, to dispose it off, donate, or sell it, and the complete right to
disallow sharing or letting another use it).

18 (i-a) A gift accompanied by instructions, such as—

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‘to be spent on your children,’ or ‘these things are for, (or the amount is to be
spent on) the junior class children,’ ‘towards publishing and distribution of
Kalamullah’, ‘this for the blind children, orphans, and widows, refugees of
political oppression/displacement’, ‘for the construction/plumbing of Wudhu
area”, or

(i-b) (to a fund collector—separating the amount: i.e. to declare in no uncertain

terms. A person wanted to give a gift to an well-known Aalim, whom he knew
quite well, and who had himself come as a Safeer. “This is for the Masjid and
Madrasa, and this amount is for your personal use.’
[see also 11.)

18 (ii) Other instructions accompanying the gift could be anything from money
for repairing or refurbishing the kitchen, toilets, roof, walkway, etc. to winter
garments, food, clothing, and toiletries for orphanages, etc. or amount to fund
basic wedding expenses of poor families, to settle electricity bill, other taxes or
debts.

19. The reprehensibility of giving a gift to someone in the presence of someone

or a group of people et al who the recipient does not like, is not friendly with, or
from whom the recipient wishes to keep the gift a secret.

20. Returning a gift, or declining to accept, when found that it is broken,

damaged, and difficult or dangerous to keep, or handle.

21. Digital transfer of gift

Writing (text, information of value, accounts, indexing, bibliography,
researched list/catalogue etc.), audio/video files, money or credit transfer,
online items of shopping carts, all forms of art work, plans, & photos, digital
or CAD design, online books, irrespective of volume or quantity— given
(transferred digitally, identified and defined, in no uncertain terms, as gift.

22 (a) Fault-finding: Looking a gift horse in the mouth (Criticizing a gift)

23. Gift as foreign remittance and change in value

Appendix I: (A formal standard document stating—) Declaration of Intent

Appendix II: Benefits, especially exemptions from certain taxes the donor
can avail of under the law of the land.

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 Appendix III: The laws of Gift Tax in India (only links for online search given)

Conclusion
THE SUBLIME PURPOSE IN GIVING A GIFT IN THE LIGHT OF SUNNAH—
[Some Ahadeeth]
1. (Note: Interesting interchange between the Messenger of Allah,
Muhammad Rasulullah, Sallallahu Ta’ala Alaihi wa Sallam and Sayyidana
Jabir ibn Abdullah Radiallahu Ta'ala Anhu (concerning the transaction of a
camel . . . .)

Jabir bin Abdullah Radhiallahu anhu said, "I accompanied Rasulullah

Sallallahu Alaihi wa Sallam, on one of the expeditions. On our return
Rasulullah Sallallahu Alaihi wa Sallam said, ‘Whoever wants to return earlier
to his family, should hurry up.’ As we set off and I was on a black red tainted
camel having no defect, and the people were behind me. But then the
camel stopped suddenly because of exhaustion. Rasulullah Sallallahu Alaihi
wa Sallam called out to me to wait. Then he rapped it once with his lash and
took off at such a fast pace that I had restrain it from going ahead of
Rasulullah Sallallahu Alaihi wa Sallam. Thereafter inquired, ‘Will you sell me
the camel?’ I agreed.
When we reached Medina, and the Rasulullah Sallallahu Alaihi wa Sallam
went to the Masjid along with his companions. I followed him after tying
the camel on the pavement at the Masjid gate. Then I said to Rasulullah
Sallallahu Alaihi wa Sallam, ‘This is your camel.’ He came out and started
examining the camel and saying, ‘The camel is ours.’ Then the Prophet
Sallallahu Alaihi wa Sallam sent an amount of gold with Sayyidana Bilal
Radhiallahu anhu saying, ‘Give it to Jabir.’ Then he asked, ‘Have you taken
the full price of the camel?’ I replied in the affirmative. He Sallallahu Alaihi
wa Sallam, said ‘Both the price and the camel are for you.’

[Au kamaa Qaala Alaihi Salaatu was Salaam—there are many other
variations of the report]

2. Muatta Maalik, Hadith No. 3 [Narrated Zayd ibn Aslam]

Malik related to me from Zayd ibn Aslam that Sayyidana Rasoolullah,
Sallallahu Alaihi wa Sallam, said—

“A`tus-Saa-ila wa in Jaa-a Alaa Farasin”

Give to a beggar even if he comes on a horse.
[Au Kamaa Qaala Alaihis Salaatu was Salaam]

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 (Malik—‘An Zayd bin Aslam R. A.: At Targheeb fis-Sadaqa)

[Note: The Saa-il’s (one who asks) financial and other living conditions,
including being hounded by oppressive creditors, and family life etc. are all
concealed from the giver.
The respected Muftiyaan have been consulted on this—i. e. on how to
respond to someone ostensibly affluent. 22

3. The Messenger of Allah, Sallallahu Alaihi wa Sallam, reminded us: 'If one
gives charity it does not diminish his wealth; if one forgives others, Allah
bestows more honour on him; and if one humbles himself for Allah's sake,
He exalts him higher.' (Muslim.)
4. And Hazrat Anas R.A. recounts Rasulullah, Sallallahu Alaihi wa Sallam,
having said that gift removes rancour from the heart (or words to the
effect). And Allama ‘Ata Khurasani 23 said that Rasulullah Sallallahu Alaihi wa
Sallam said that clasping hands in greetings (Musafaha) removes falsity
from the heart, and gift generates love (or words to the effect). 24

5. Except in case when the gift is harmful or ill-advised to receive, there are
certain gifts that should not be refused, as demonstrated in Huzoor’s
Sunnah (Sallallahu Alaihi wa Sallam).

6. Sayyidana Ibn 'Umar (Sallallahu Alaihi wa Sallam) says that, 'Rasulullah (may
Allah bless him and grant him peace) said, 'Three things should not be
refused: a pillow, fragrance ('Itr-oil), and milk.'' 25

22
Nasihah (Advice) JAMIATUL ULAMA KZN DAILY Q&A November 23, 2012: “Sayyiduna Husain bin Ali
(Radiyallahu) Anhu reports that Rasulullah (Sallallahu Alaihi Wasallam) said: ‘The beggar has a right even
if he comes to you on a conveyance.’ (Musnad Ahmed)
“The Hadith indicates that if someone has to ask you for something and you have the means to assist
him, you should assist him even though he might not seem to be desperately in need.
“ However, at the same time, you should do it in such a manner whereby it does not encourage the
person to beg further or make it a habit of begging. NOTE: Many persons wearing Muslim garb appear at
street intersections giving the impression that the Muslim community does not assist the needy
Muslims. This also poses a security risk as well from the reports received. Kindly be advised that
numerous welfare organisations in our country render services to destitute and needy persons of all
faiths and therefore we should strictly refrain from encouraging this practice and rather refer them to
organisations which have a screening procedure.”
23
Atā al-Khurāsānī (50–135/670–752) was a Persian jurist (faqīh) and exegete (mufassir) of the Qurān as
well as a ‘follower of the Followers’ (Tābi’al-Tābi’een).
24
Source: Islami ‘Uloom aur Ma’ashirah (by Hazrat Mufti Azizur Rahmaan R.A. of Bijnor, un-published.)
25
The search is on for the Tashreeh of these items.

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[This is a booklet made from the author’ original list of Contents (Fihris) completed on
February 2013, and updated on 24th September, 2013]
[NOTE: There is no copyright attached to this work, as Islamic texts
and other work of benefit to Muslims need to be freely available]

Declaration of Intent (Document)

Appendix I

Declaration of Intent
I, (name of the donor)

give any of the following—moneys, books & stationery, grocery, cooked food,
firewood & fuel, IT hardware/software & electronic equipment, machinery &
tools, building materials & equipment, furniture, interior & furnishings, cloth,
garments, medicines, funds for medical/surgical/emergency expenses &
support apparatus, title to land—property, flat, office, hall, warehouse—urban
or rural & products of the soil (including any transfer of rental or lease thereof),
tanks, piping & plumbing, water purifying systems, motor, air conditioning,
electrical equipment, kitchen utensils/appliances, machinery, transport vehicle
& fuel, travel/ticket reservation & stay expenses, maintenance service, cattle &
livestock & produce thereof, or any other bestowal/endowment not specified
above—

(Underscore above whatever applicable, and specify details below, i. e. mention

amount, cheque number, date, quantity/weight/dimensions etc. if possible)

to:

Madrasa ’Arabiya Islamiya Juhapura & Masjid Al fazl26

—as  Lillah/Gift  Zakat  Sadaqa (check box)

I declare that I am the owner of the above mentioned items of bestowal, and
that the donation of this/these items/services is given, not sold nor leased, and I
state that it is unconditional, without any ulterior motive, and without
expectation of any favour or any form of compliance in return.

26
The document was offered to the Al Fazl Institution (Ahmedabad) and they accepted it, but manage
without it since most of their fund raising is in small contributions of the public.

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  I expect a receipt for the donation, and my name/my company’s name to
be mentioned [to avail of tax exemption under Section 80-G of Income
Tax Act, (1961)].

 I do not wish my identity mentioned or announced, except for your

records, and prefer to remain anonymous.

Name, date, & endorsement of the donor:

Company:

Address:

Telephones:

E-mail Address:

[END OF DECLARATION—UPDATED JUNE 2012]

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