What is the ruling on not returning a monetary gift if the giver's intention is to reclaim it later, even though the recipient did not stipulate this, and was unable to visit the giver?
If it is customary for gifts given on occasions to be intended as reciprocal عوض (recompense) and not as pure donations, then their عوض (recompense) must be returned. This is because custom is considered like a condition. Jurists have stated that "al-nuqūt" (gifts given on special occasions) is a debt that must be repaid to its owner. This is further supported by the view of some Shafi'i and Maliki jurists that the prevailing custom is that the giver does not give except with the intention of receiving in return what he has given, and that custom is the arbiter in this matter. Therefore, the recipient of the gift must reciprocate the giver or seek his forgiveness.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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