was owed to you by me for it,” then the donor’s account is accepted if he swears that he stipulated recompense from the recipient. If he refuses to swear, the recipient’s account—that the donor made it clear to him that he owed no recompense—is accepted. If the recipient refuses to swear, the donor is entitled to recompense without an oath, in accordance with the rules governing the claimant and the defendant. Allah grants success; He has no partner.

Section

As for the second category of gifts for recompense—where the donor stipulates recompense without specifying it—one view treats it like a gift presumed to have been intended for recompense. Another holds that this involves impermissible uncertainty, since he has sold the recipient the item at its value. The latter is the view of Ibn al-Mājishūn; the former is the view of Asbagh and the position of Ibn al-Qāsim.

As for the third category—where the donor stipulates recompense and specifies it—this is a sale, subject to the same conditions of permissibility and prohibition as other sales. Success comes through Allah Most High.