Praise be to Allaah.
If a person
has a right over someone else – regardless of whether it is financial or
otherwise – then he waives that right, then the second party is no longer
responsible, and it is not permissible for the first party to come back and
demand his former right, or to say that he is not letting him off.
Ibn Qudaamah
said in al-Mughni (8/250):
If he is
owed a debt by someone, and he gives it to him or lets him off or allows it
to him, that is valid, and the debtor no longer owes him anything. If he
says “I give it in charity to you,” that is valid. If he says, “I let you
off,” that is valid. If he says, “I waive it from you,” that is valid. If he
says, “You can keep it,” that is valid, because it is like him giving it to
him. End quote.
It says in
al-Mawsoo’ah al-Fiqhiyyah (1/144):
The scholars
are agreed that it is not permissible to renege in letting someone off after
he has accepted it, because it has been waived, and when something is waived
it cannot be taken back, as is stated in the well known principle. End
quote.
It says in
al-Darar al-Bahiyyah (3/392):
It is
forbidden to recant after giving up a debt, because it no longer applies.
End quote.
i.e.,
because he has absolved the debtor, he cannot ask for it a second time.
In Tuhfat
al-Muhtaaj it says (6/310):
Giving up a
debt cannot is definitively irrevocable. End quote.
Waiving
one’s right is like giving a gift, and the Messenger (peace and
blessings of Allaah be upon him) forbade taking back a gift. He said: “The
one who takes back his gift is like the dog which vomits then goes back to
its vomit. And we (believers) should not act according to this bad example.”
Narrated by al-Bukhaari (2589, 6975) and Muslim (1622).
Al-Haafiz
ibn Hajar (may Allaah have mercy on him) said:
This means:
it is not appropriate for us believers to have blameworthy characteristics
(lit. “an evil description”) which would make us like the worst of animals
in the worst of states. Allaah says (interpretation of the meaning):
“For
those who believe not in the Hereafter is an evil description, and for
Allaah is the highest description. And He is the All‑Mighty, the All‑Wise”
[al-Nahl
16:10]
Perhaps this
is a more eloquent rebuke and is more indicative that it is haraam than
saying, for example, “Do not take back a gift.” End quote.
Fath
al-Baari (5/294).
And Allaah
knows best.