Giving Present due to Niceties
Sheikh Abdurrahman as Sa’di said, “Whoever gave away present due to embarrassment or fear, then it is compulsory for one who received it to refuse the present or receive it but gave back a present that has similar value to the giver.” [See: al Qawaid wal Ushul al Jamiah, printed together with comments of Ibn Uthaymeen, page 42].
Ibn Uthaymeen explained the statement of Sheikh Ibn Sa’di above by saying, “If there was a person who gave other a present due to embarrassment [niceties offer, hesitation], then it is compulsory for one who received it to refuse the present and the offering by stating firmly that ‘he doesn’t want such present’. Among the real examples of it is an offer to stop by and have some meal or drink at one’s house, in a condition that the one who got the offer knew that what behind that offer was the person would feel embarrassed if he didn’t give the offer. In such condition, the one who was offered to stop by shouldn’t, or even not allowed to accept that offer. And this kind of offer often happened. When someone went on an errand, and while at the street he saw his friend stood in front of his home door, and that friend of him offered him to stop by, by saying, “Come and stop here”, and the offer was just niceties, not seriously wishing that he stopped by, in this condition, stopping by at that house was forbidden because the offer wasn’t a sincere one, but merely niceties.” [See: Ta’liq Ibnu Utsaimin for al Qawaid wal Ushul Jamiah ” by Ibn Sa’di, page 42].
عَنْ أَبِى حَرَّةَ الرَّقَاشِىِّ عَنْ عَمِّهِ أَنَّ النَّبِىَّ -صلى الله عليه وسلم- قَالَ « لاَ يَحِلُّ مَالُ امْرِئٍ مُسْلِمٍ إِلاَّ عَنْ طِيبِ نَفْسٍ ».
From Abu Harra ar Raqashi, from his uncle, the Prophet said, “The property of a muslim is forbidden (for other to take, -ed) but by his willingness.” [Narrated by Daruquthni, in his book of hadith, no. 92).
This is hadith is what based Ibn Sa’di’s statement above. In this hadith, the Prophet had clearly stated that other people’s property is unlawful for us to take and use unless he gives it to us willingly. If he gives it due to his embarrassment, hesitation, or fear of us, then his present is something unlawful for us.
If we are to meet such situation, Sheikh Sa’di, as cited above, gave us two choices:
First: Kindly refusing the present or the offer
Second: We might receive it at that time, but later we should give a present for him with a present of similar or even better value than his present.
Author: ustadz Aris Munandar
Article of www.Syaria.com