and once she had granted this release, her husband swore on pain of divorce that her sister would not visit her and that she would not visit her sister. The woman had given her sister the money only to foster family ties and affection between them, but her purpose had not been achieved. May she therefore revoke the gift? Does the release prevent her from bringing a claim for it and seeking payment?
He replied:
Praise be to Allah, Lord of all worlds.
If, when making the gift, she said, “I am giving this to my sister so that she will help me with my affairs and we will support one another while living away from home”; or if her sister said to her, “Give me this inheritance,” and she replied, “I am giving it to you only so that you will attend to my needs while I am away from home,” and then gave it to her; or if they reached a similar agreement, whereby she made the gift in return for some benefit she would receive from her sister—then, if her purpose is not achieved, she may rescind the gift and reclaim it.
There are two opinions within the school of Ahmad and elsewhere concerning the return to be provided for a gift of this kind. One view is that the benefit provided should equal the value of the gift. And Allah knows best.
He was asked:
A woman’s husband owed her her dower. When she was nearing death, she summoned an upright witness and a group of women and had them witness her declaration that she had released him from the dower debt. Is this release valid or not?
He replied:
Praise be to Allah. If the dower remained a debt he owed her until she entered her final illness, this release is not valid without the consent of the other heirs. But if she had released him while in good health