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There are four views concerning what precludes the return of a gift and makes the recipient liable for its value:
First: Taking possession precludes its return and makes the recipient liable for its value. This is Mālik’s view as reported by Ibn al-Mājishūn: taking possession precludes return and makes its value payable, and the recipient may return it only by mutual consent.
Second: According to Ibn al-Qāsim’s view in Ibn al-Mawwāz’s book, changes in market prices preclude its return.
Third: Nothing precludes its return except an increase or decrease. This is Ibn al-Qāsim’s view in al-Mudawwanah and one of the two reports transmitted from him by Īsā in al-Utbiyyah.
Fourth: Only a decrease precludes its return; an increase does not. This is Ibn al-Qāsim’s view in one of the two reports transmitted from him by Īsā in al-Utbiyyah.
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There are also four views concerning what obliges the giver to accept the gift’s value when the recipient offers it, leaving him no right to reclaim his gift if he is dissatisfied with the recompense:
First: The gift itself obliges the giver to accept its value from the recipient if he offers it, even if the recipient has not yet taken possession of the gift. This follows by analogy with the view that the giver is obliged to hand over the gift and has no right to withhold it until he receives recompense. This differs from the position in al-Mudawwanah, which grants him the right to withhold his gift until he receives recompense.
Second: It is the recipient’s taking possession. This is Ibn al-Qāsim’s well-known position and his report from Mālik in al-Mudawwanah and elsewhere.
Third: It is a change involving an increase or decrease. This is his position in the Book of Pre-emption in al-Mudawwanah.