Can I depart for Jihad using the money my mother gave me?

Can I depart for Jihad using the money my mother gave me for the purpose of marriage?

Question Number: 7217

Peace be upon you Oh Sheikh I have a mother who posses some gold and gave me some, but she told me that this is for your wedding and I want to go for Jihad and there is no enough money may I sell them without consulting her?

Questioner: abu said

In the name of Allah the Merciful Praise be to Allah and peace and blessings on the Holy Prophet and his family and companions.

My honourable brother: The words of your mother has two possibilities:

First: either she said to you: “This is for your wedding,” as an advice and not as a condition on the Gift, and in this case, there is no problem and the gift is authentic.

But if she intended to take back the gift it is not permissible for her based on the most correct scholarly opinion, because of the saying of his, peace and blessings be upon him:

“It is not permissible for anyone to give a gift and take it back except for what the father gives his son”

this is for a father alone and not mother.

This is the view of Abu Haneefah, Ahmad, but Malik said that the mother can take gifts back during the life of the father.

Shaafie supported the legality of her taking it back without any condition.

The second: is that she said that statement as a condition on the gift, this condition is invalid because it negates the very reason of giving gifts.
If a donor should set a condition for the beneficiary that he should not sell it or he should dash it out, not eat from it, or not wear a dress that was gifted, or anything of such, all these conditions are not valid; because dashing out a gift requires ownership and unrestricted control over the gift, therefore, setting a restriction negates the real purpose of a gift, just as setting a condition of not making losses in sales.
The great scholar Zakariaya Al-Ansari noted in “Asna al-Mataalib” that the word of the donor: “use this to buy a turban” is contrary to the requirement of the gift contract if it was said as a condition.

Ibn Qudamah said:

(setting conditions on gifts such that it nullifies the real purpose of gift like saying: “I dash you this on the condition that you do not dash anyone else or sell it” or setting conditions like “you must sell it” or “you must dash another person” or that you must also dash somebody something: all those conditions are not valid conditions….)

[Al-Mugni (c 5 p 658)]

The most correct scholarly statement is that the condition is invalid while the gift contract is valid.

Therefore, it is prescribed for the beneficiary of a gift to dispose it as he wishes he does not have to abide by the conditions set by the donor.

However, it is necessary that you consult your mother, and if she does not approve it, what we advice you is to get all what you need from another source because this serves as more goodness to your mother and is more gentle with her, and if she does not approve your going out for Jihad and she gets to know that the money she gave to you might have been the factor that prompted you to go for Jihad, this might shock her psychologically and the news might be hard for her to bear.
So choose for your mother what is more gentle and merciful.

And Allah knows best Praise be to Allah, Lord of the Worlds.

Answered by a member of the Shariah Committee:

Sheikh Abul-Mundhir As-Shinqeeti


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This entry was posted in Fiqh, General, on islamic jurispudence. Bookmark the permalink.

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