9.1 The Property obtained by Individuals
Another means of ownership is that which the individuals take from the properties of others without giving an alternate property or an effort. This means includes five types.
1. Rewards which the individuals give to each other. This could be in their lifetime such as a grant and a gift, or after their death such as the property of a will. An-Nisai and Ibn Ishaq narrated in the Seerah of the Messenger of Allah (pbuh) from ’Amr ibn Shu’aib from his father, from his grandfather that when the delegates of Hawazin came to the Prophet (pbuh) and asked Him to return to them the properties which He had gained from them as spoils, the Prophet (pbuh) said: “The spoils which belong to me and to the sons of ’Abdul-Muttalib are for you,” in other words they are a grant from me to you. Ibn’ Asakir narrated from Abu Hurairah that the Prophet (pbuh) also said: “Exchange gifts amongst yourselves so that you love each other.” It was narrated by Bukhari from Ibn ’Abbas that the Prophet (pbuh) said: “We do not set the bad example; the one who claims back his grant is like the dog which returns back its vomit.” There is no difference between a disbeliever and a Muslim concerning the grant and the gift. Granting a gift to the disbeliever is permitted and accepting that which He gives is like accepting that which a Muslim gives. It is narrated from Asma, daughter of Abu Bakr, who said: “My mother visited me while she was still a polytheist (Mushrik), included in the covenant which the Messenger of Allah (pbuh) had with Quraish (Treaty of Hudaibiyyah), so I consulted the Prophet, ‘O Prophet (pbuh) of Allah! My mother has love for me, should I give her a present?’ He (pbuh) said: ‘Yes.’” Bukhari narrated from Abu Hameed As-Sa’idi, who said that the King of Ayla gave the Prophet (pbuh) a white mule and a dress as a gift. As the grant (Hiba) and the gift (Hadiyyah) are the voluntary giving of property during the lifetime, the property of the will (Wasiyah) is the voluntary giving of property after the death. Allah (swt) says,