Is the gift (*Hiba*) of a fetus in the womb valid?
General Chapter
Al-Mughni
Book of Gifts and Donations
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.