Islamic Fiqh > Endowments (waqf) and property > Hiba: the gift
Hiba (gift) in fiqh: definition, elements, the moment it becomes binding, and the delicate question of revocation with the schools' views.
Updated on 06 October 2026 at 10:50 PM
Hiba (donation) from A to Z: offer and acceptance, taking possession, the forms (umra, ruqba), return to the donor, charity to one's children and fairness between them, obstacles to return, and the distinction with shufa.
Al-Mughni by Ibn Qudama · Hanbali school
They sometimes say: it is a liberality (tabarru'), in which taking possession is not considered, like the bequest and the waqf; and because it is a binding contract that transfers ownership, its binding nature does not therefore depend on taking possession, like sale. And for us, the consensus of the Companions (may Allah be pleased with them): what we have said is reported from Abu Bakr and Umar (may Allah be pleased with them), and no contradictor among the Companions is known for them. Urwa reported from Aisha (may Allah be pleased with her) that Abu Bakr (may Allah be pleased with him) gave her twenty portions (of grain) of his wealth at al-Aliya. When he fell ill, he said: O my daughter, none is dearer to me for ease after me than you, nor none harder upon me in poverty than you; I had given you twenty portions.
Strongly blamed ('like one swallowing his vomit', al-Bukhari 2621); revocation depends on schools: forbidden after delivery among Hanafis, possible under conditions among others.
Equality among children is the recommended rule (al-Bukhari 2587); differentiated needs (studies, illness) justify different amounts: see the dedicated page.
The gift happens in life and escapes the shares; the death bequest is limited to the third and cannot target an heir without agreement.