Is the gift (*Hiba*) of a fetus in the womb valid?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 1 · Bab 1

Open in Qurani

Primary text

The gift of a fetus in the womb is invalid. This is the opinion of Abu Hanifa, Al-Shafi'i, and Abu Thawr. The reasoning is that the object of the gift is unknown (*majhul*) and cannot be handed over (*taslim*). This ruling is based on the principle that the gift contract is a contract of immediate possession during the lifetime of the donor.