Purchasing one's charity - A Sharee‘ah viewpoint
1-4-2013 | IslamWeb
Question:
My sister gave in charity some clothes which she loved dearly. After a while, she wanted to take back these clothes from the woman who took them and give her money instead, knowing that the woman did not use the clothes, accepted the matter easily and was happier with the money. Is this permissible, or is it considered taking back one's donation?
Answer:
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His Slave and Messenger.
What your sister did is considered purchasing her charity. That one purchases his own charity is included in the ruling of taking back one's charity that was prohibited by a prophetic Hadeeth. However, the prohibition here is interpreted to mean dislike according to the majority of scholars. This sale is valid also according to many people of knowledge.
‘Umar 
donated a horse in the Cause of Allaah The Almighty. He found that it had languished in the hand of its possessor who was a man of meager resources. ‘Umar intended to buy it. He came to the Messenger of Allaah, sallallaahu ‘alayhi wa sallam, and made a mention of that to him, whereupon he said: "Do not buy that even if you get it for a dirham for he who takes back his charity is like a dog which swallows its vomit." [Muslim] An-Nawawi 
in Sharh Saheeh Muslim commented on this Hadeeth saying: "This prohibition entails undesirability not forbiddance. It is disliked for one who gives something in charity, Zakah, expiation, vow or such acts intended to bring one closer to Allaah The Almighty to buy it from the one who took it, to donate it or to own it with his free will. If he inherited it from him, this is not disliked. Moreover, if this thing is transferred to someone else then the one who gave the charity at first bought it from him, this is not disliked. This is our opinion and the opinion of the majority of scholars. A group of scholars said: "Prohibition of purchasing one's charity entails strong undesirability. Allaah The Almighty Knows best."
An-Nawawi also said in Al-Majmoo‘: "The scholars of our school agreed that if one committed this disliked act and bought it from the one who received it, the sale is valid and he will own it because it is mildly undesirable and the prohibition is not related to the sale itself."
Ibn ‘Abdul-Barr said: "Maalik, Al-Layth, Al-Hasan ibn Hay and Ash-Shaafi‘i 
disliked purchasing charity from the one who received it. If someone purchased his charity, they do not consider the contract void, do not refuse the sale and believe he should abstain from this."
However, as long as the woman who was given the charity is happier with the money, we hope that there is no blame in this because some scholars believe that it is permissible to purchase one's charity unless the one who received the charity is biased to the giver. As-Sarkhasi who is a Hanafi scholar, after he mentioned the opinion that it is disliked to purchase one's charity and its evidence said: "In our opinion, it is not disliked because it constitutes replacement not return. It is probable that the Prophet, sallallaahu ‘alayhi wa sallam, prohibited him out of fear of bias if the one who received the charity knows that the giver of the charity is the one who is going to buy it so he would give it to him for a lower price. Hence, this difference in price is considered like taking back one's charity. However, if there would be no bias because he gave him the charity, this does not constitute taking back the charity and does not resemble it so this is not disliked.”
Allaah Knows best.