Accepting a gift from one's na baaligh sister

Q: I was studying Arabic and my sister, who was about 11 or 12 years old, gave me an Arabic learning book that my uncle gave to her. I would use this book for my class and then at some point after, I mentioned to my father that she gave me the book and my father didn’t object to that.

I have recently been told that this was not a valid gift and a Wali can’t hand over the property of the child and that the gift of a child to an older person is not permissible. The father is also not allowed to give or allow the gift of his child without something in return. If at the time I thought this was valid, such as the Wali knowing (my father), what should I do?

A: If your sister was not baaligh at that time, then she could not gift you any of her possessions. However, you may compensate her by giving her the value of the item now or if she wishes, she can waive the debt after becoming baaligh.

And Allah Ta'ala (الله تعالى) knows best.


Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)