Is the gift immediately binding when the gifted item is already in the possession of the donee, such as a deposit or usurped property?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 1 · Bab 1

Open in Qurani

Primary text

The apparent view of Ahmad is that the gift is binding immediately without requiring physical receipt (Qabd) or the passage of time necessary for receipt. This is supported by his statement in the narration of Ibn Mansur regarding a gift to one's wife who did not yet take possession but was in the same house, implying her hand was already upon the item. Other narrations from Ahmad state that the gift requires permission for receipt. The school of Shafi'i aligns with our position (Hanbali position being discussed) regarding the necessity of considering permission and the passage of time for receipt.

Supporting text

Al-Qadi stipulates that time must pass during which receipt becomes feasible.