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Is it permissible for the one who gave a gift to obligate the recipient not to dispose of it through charity, sale, or gifting to others, and is it permissible for the recipient to refuse the gift in this case, and does he sin if he gives it away in charity?

1 min readAlso available in العربية

Scholars have differed concerning someone who bestows something as a gift on condition that it not be sold or given away. The majority of them hold that the condition is void, but they differ on the validity of the gift itself. The Hanafis and Hanbalis consider the gift valid while the condition is void, whereas the Shafi'is deem both the gift and the condition void. They justified the invalidity of the condition by stating that it contradicts the essence of the contract, for whoever owns something owns the right to dispose of it. Some Malikis, however, hold that both the condition and the gift are valid, making the gifted item akin to an endowment (waqf), not to be sold or given away until the death of the recipient, whereupon it is inherited. Ibn Taymiyyah and Ibn 'Uthaymeen are of the opinion that this condition is valid if the donor has a legitimate purpose for it, and adopting this view is reasonable. The recipient may accept the gift and abide by the condition, or refuse it. Accepting the gift is not obligatory.

Summarized from the full answer at Ftawy · reviewed Sep 2, 2026

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