Fourth: he intends it both to foster affection and to receive recompense.

Fifth: it is unclear whether he intended it solely to win the recipient’s affection, without recompense, or intended both purposes together.

If the donor gives a gift for the recipient’s sake out of love and affection for him, and this is known through his own admission or is apparent from his purpose—for example, a parent giving to his child, or someone giving to a scholar or a righteous man, or similar cases where established custom indicates that the gift was given only out of love for the recipient or in recognition of his knowledge, goodness, and righteousness—or if he gives it for the recipient’s sake to win his affection and love, and this is known through his own admission or is apparent from his purpose—for example, a man returning from a journey whose neighbour presents him with fruit or some similar gift, or a man returning from a journey who gives his neighbours and friends gifts brought from the lands he has visited, and similar cases where established custom indicates that no one seeks recompense, but acts only to foster affection and love, as when a ruler gives a gift to one of his subjects—then no recompense is due in either of these two cases unless the donor stipulates it. If he did not stipulate it but claims that he intended it, his claim is not accepted. If he claims that he stipulated it to the recipient, he may require the recipient to swear an oath. If the recipient refuses to swear, the donor swears and becomes entitled to compensation.

Section

If, however, the donor gives a gift for the recipient’s sake to strengthen the affection and love between them, and likewise acknowledges this himself, or it is apparent from his purpose—as when one spouse gives a gift