taking back a gift, and taking back something one has given for Allah’s sake. Whatever is given for Allah’s sake may not be taken back. Even if a person emigrates from a town for Allah’s sake, he may not return to reside there, because he left it for Allah; and whatever is abandoned for Allah’s sake is not to be returned to.

His statement, “except for the father,” means that a father may take back a binding gift. The evidence for this is a hadith which states: “It is not lawful for a man to give a present or bestow a gift and then take it back, except for a parent regarding what he gives his child.” (1) Thus, he may take back what he gave his son, due to the Prophet’s saying, peace and blessings be upon him: “You and your wealth belong to your father.” (2)

However, some scholars declared the first hadith defective and judged it weak. They said that the general import of the hadith, “The one who takes back his gift is like a dog that vomits and then returns to its vomit,” takes precedence over this weak hadith, and that a father may not take back what he gave his son.

But our response is that, although the exception is weak, it is supported by another proof: a father may take for himself whatever he wishes from his child’s wealth. Since he may take ownership of whatever he wishes, then taking back what he gave his son is even more warranted. An exception must be made, however, where this is not a device for showing preference; for that is not permissible, such as when—