Taking back a gift

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I am a bit confused in regards to a matter, the issue is upon the death of my mum, my aunt asked for her Islamic clothes as a memoir but I gave it to her so that when my aunt wears my mum’s clothes and prays in it, Isaal-e-Sawaab might go to my mum but it’s unfortunate that I have never seen my aunt not once pray in those clothes. My wish was to take my mum to hajj but since she is no longer with me I wish to ask those clothes back from my aunt and wear it when I perform hajj. Now I know taking back gift is not a great idea but if I wear the clothes of my mum it will feel like she is with me when I am performing hajj. Can you please advise me if I should ask back the clothes which I bought for my mum and gave it to my aunt, in return I will buy her brand new clothes?

Bismillaah

A: If she willingly gives it to you, it is alright. Another way is that you give her something better in lieu of this clothing.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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