All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
A gift becomes binding upon acceptance, and it is not permissible to take it back afterward. This is because the Prophet (PBUH) said: "The one who retracts his gift is like a dog that eats its own vomit." [Transmitted by Al-Bukhari].
However, the Shafie jurists made an exception in the case of what a father gives to his son and grandson, as stated by Al-Imam An-Nawawi (May Allah have mercy on him): "If a father had offered a gift to his son or grandson, then he is allowed to take it back. However, brothers, paternal uncles and other blood relatives aren`t allowed to take their gifts back." [Shareh An-Nawawi Ala Muslim, Vol.11/P. 64].
Moreover, jurists have conditioned that the gift should be in the possession of the recipient/child in order for the father to be able to take it back, as stated by Al-Imam An-Nawawi (May Allah have mercy on him). Refer to {Minhajj At-talibeen, Vol.1/P. 171}.
On the contrary, the Hanafi scholars prohibit retracting a gift in certain cases, such as when there is a prohibited kinship (unmarriageable relative) between the donor and the recipient, or when the father retracts his gift to his child. Al-Sarakhsi, a Hanafi jurist, said: "When a father gives a gift to his child, he cannot retract it, similar to when a child gives a gift to his father." [Al-Mabsut vol.12/pp.49]. This is because retracting gifts could sever family ties and ignite animosity among relatives in general.
Article (866) of the Jordanian Civil Status Law states: "If a person gives a gift to his descendants, siblings, uncles, aunts, or cousins, he cannot retract it afterward."
The commentary on this article clarifies: "Prohibited kinship prevents the retraction of a valid gift, even if there is a difference in religion or domicile. This includes gifts to parents, grandparents, uncles, aunts, children, grandchildren, siblings, nieces, nephews, and other close relatives. Once the gift is valid, retraction is not permissible." [Durar Al-Hukam Fi Sharh Majallah Al-Ahkam vol.2/pp.462].
The Jordanian Civil Status Law (Article 579) also states: "Retraction of a gift is prohibited if it is given between spouses or prohibited relatives, unless there is an unjustifiable preference between them."
Therefore, it is not permissible for the father to retract his gift if it is given to a prohibited relative, unless there is an unjustifiable preference between them. This is the opinion adopted by the law, while the Shafi'i scholars permit retracting gifts between ascendants and descendants under specific conditions. And Allah The Almighty Knows Best.
