Is an admission of a gift ("Hiba") valid if the speaker states, "I intended a gift?"

General Chapter

Al-Mughni

Book of Acknowledgment of Rights

Book 20 · Issue 2 · Bab 1

Open in Qurani

Primary text

If the speaker clarifies his intent as a gift (Hiba), the admission is accepted because this intent is plausible. However, if the speaker subsequently refuses to deliver possession of the gift, he cannot be compelled to do so, because a gift is not legally binding until possession (qabd) is taken.