The wife applied for the amount of money, which the husband approved of himself, in which he wrote that he would deliver the amount to her within a maximum period of 6 months. Some people make good relations with each other, and do not ask for divorce or khul’ for any reason, but the plaintiff violated the condition associated with the gift, and asked for divorce from the husband, as well as requested the implementation of what he admitted to himself, which is the gift.
Based on what the two parties mentioned, the judge ruled nullifying the wife’s right to the gift, for two reasons: the first: the gift was not necessary before arrest, and the second: the gift was not necessary to violate the donor’s condition, and accordingly her request was rejected and the separation occurred after that, without taking the mentioned amount.
Lawyer Misfir Al-Ghamdi explained that the gift is of two types: suspended on a condition, and divorced without condition, and the first is in which the husband provides a gift, in the form of real estate or money, on the condition of perpetuity and the continuation of the ten, and in the event that the marriage is not perpetuated, the gift may be returned, which is applicable in the judiciary According to what is preferred by the jurists of the Hanbali school of thought, because everything that is endowed with a condition is proven by its proof and disappears with its demise.
As for the unconditional gift, it is the one that is granted without a specific condition, such as the gold that is presented to the wife after childbirth or on holidays and so on, and accordingly this gold becomes the property of the wife and the husband does not have the right to demand its recovery, because it is unconditional and it is legally decided not to return the received gift, except with a justification It is considered legitimate according to the cases stipulated by the jurists, according to the legal evidence shown for that.
Lawyer Misfir pointed out that in cases where the gift is conditional, the donor is required to prove the existence of the condition because the original is its non-existence.
Minor differences between a gift and a gift:
1- A gift is intended to be kindness, affection, and the like. As for a gift, it is often intended to benefit.
2- The gift is concerned with movables to honor and honor the gifted, and the gift is more general.
3- Mostly, the gift is from the lowest to the highest, because the lowest does not want to benefit the higher, but rather wants to be courted to him, and the gift is with the equal, and with the less.