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Question: What do you understand by 'Sadaqah'? [RJD 1988]Find the question and answer of Muslim Law only on Legal Bites. [What do you understand by 'Sadaqah'?]AnswerA Sadaqah is a gift made with the object of acquiring religious merit. Like Hiba, it is not valid unless accompanied by delivery of possession; nor is it valid if it consists of an undivided share in property capable of division. But unlike Hiba, a sadaqah, once completed by delivery, is not revocable; nor is it invalid if made...
Question: What do you understand by 'Sadaqah'? [RJD 1988]
Find the question and answer of Muslim Law only on Legal Bites. [What do you understand by 'Sadaqah'?]
Answer
A Sadaqah is a gift made with the object of acquiring religious merit. Like Hiba, it is not valid unless accompanied by delivery of possession; nor is it valid if it consists of an undivided share in property capable of division. But unlike Hiba, a sadaqah, once completed by delivery, is not revocable; nor is it invalid if made to two or more persons all of whom are poor.
According to Baillie, 554-556; Hedaya, 489. The distinction between Hiba and sadaqah lies in the object with which it is made. In the case of Hiba, the object is to manifest affection towards the donee, or to win his regard or esteem; in the case of sadaqah, the object is "to acquire merit in the sight of the Lord."
A gift of property even to the rich would be a sadaqah if made with the object of acquiring religious merit.
Sadaqah and wakf are two different concepts and the plaint must clearly allege one or the other. One of the differences is that in a sadaqah the corpus of the gift may be consumed but in a wakf, only the usufruct can be used. A sadaqah is not complete without delivery of possession but a wakf can be completed by a declaration only.
Sadaqah is distinguished from wakf. In the case of a sadaqah, the corpus may be consumed; in the case of a wakf, the income only can be spent. What is material is the intention to create a wakf and it is not necessary that the express words 'dedication of property in favour of God' should be used. The document must be construed as a whole and the intention must be gathered from the words used. Surrounding circumstances may be looked into for purpose of finding out the intention expressed. Sadaqah and wakf are distinguishable from the way the corpus of the property is to be dealt with. In sadaqah the corpus may be consumed but in a wakf, the corpus is to be preserved and only the income utilized. Where the wakf deed prohibits alienation of property, any alienation is invalid.
Mayank Shekhar
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