Is explicit verbal acceptance ('Qubul') necessary for a father's gift to his minor son?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
The statement, 'I have accepted it' (Qad qabiltu), is not sufficient in place of taking possession, as acceptance does not substitute for possession. The position of the Qadi and Shafi'i mandates that the son must explicitly say, 'I have accepted it,' because, in their view, a gift is not valid without both proposal (Ijab) and acceptance (Qubul). However, considering the context, the father acting as the recipient is clear evidence of acceptance, rendering the requirement of an explicit word unnecessary, especially as it contradicts the apparent practice of the Prophet, peace be upon him, and his Companions.
Supporting text
A narration from Ahmad suggests that stating, 'I have taken possession of it for him' (Qad qabattuhu lahu), is sufficient, and he expressed hope that mere witnessing would suffice for a distinguished item when the son is mature. This aligns with the consensus mentioned by other scholars.