Accepting a gift that is being returned after a strained relationship
Q: Zaid and Amar had a very good relationship. During this time Zaid had given some gifts of cash and also some items to Amar. At the time the gifts were received and accepted and also used. Recently some issues arose due to which the relationship is very strained and Amar is very upset with Zaid. Amar has now sent back an amount of cash equivalent to the hadya that was given to him. He has also sent the gifted item back which had been previously accepted and used as well. The questions are:
1. Will the cash sent by Amar be deemed to be a return of the actual gift that was given to him, and will Zaid be obliged to take it back?
2. Will the item returned, which was accepted and used, be deemed as a return of the actual gift?
A: Zaid is not obliged to take back the money or gifts that he had given Amr. When Amr accepted the wealth and gifts, it became part of his ownership and Zaid did not have any right over the wealth thereafter.
Hence, if Amr now wishes to return the wealth and gifts to Zaid, this will not be regarded as the same wealth that was given, but will be treated as a separate gifting from his side to Zaid. Therefore, Zaid is not forced to accept this gift, but has the right to accept or reject.
And Allah Ta'ala (الله تعالى) knows best.
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