كتاب 36
36
Book 36
(36)
Chapter 36
(36)
باب 36
Muwatta Malik 1535
Yahya said that he heard Malik say, "What is done in our
community about some one who gives a gift not intending a reward is
that he calls witnesses to it. It is affirmed for the one to whom it
has been given unless the giver dies before the one to whom it was
given receives the gift."
He said, "If the giver wants to
keep the gift after he has had it witnessed, he cannot. If the
recipient claims it from him, he takes it."
Malik said, "If
some one gives a gift and then withdraws it and the recipient brings a
witness to testify for him that he was given the gift, be it goods,
gold, silver or animals, the recipient is made to take an oath. If he
refuses, the giver is made to take an oath. If he also refuses to take
an oath, he gives to the recipient what he claims from him if he has
at least one witness. If he does not have a witness, he has nothing .
"
Malik said, "If someone gives a gift not expecting anything
in return and then the recipient dies, the heirs are in his place. If
the giver dies before the recipient has received his gift, the
recipient has nothing. That is because he was given a gift which he
did not take possession of. If the giver wants to keep it, and he has
called witnesses to the gift, he cannot do that. If the recipient
claims his right he takes it."
| Reference | : Muwatta Malik 1535 |
| In-book reference | : Book 36, Hadith 35713 |
| USC-MSA web (English) reference | : Book 7, Hadith 1535 |
| (deprecated numbering scheme) |
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