Is the gift of a non-existent item, such as the future yield of a tree or the offspring of a female slave, valid?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 5 · Bab 1

Open in Qurani

Primary text

The gift of a non-existent item, such as the future fruit of a tree or the expected offspring of a female slave, is invalid. This is because the contract of gift (*Hiba*) is a contract for the transfer of ownership during life, and therefore it is invalid for such future contingencies, analogous to the ruling on sale (*Bay'*) in this regard.