Is the gift of non-measured and non-weighed items binding solely upon the contract before physical receipt?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
The gift of items that are neither measured (makil) nor weighed (mawzun) becomes binding solely upon the contract, and ownership is established in the gifted item before its receipt. This view is narrated from Ali and Ibn Mas'ud, who stated that a gift is permissible if it is known, whether possessed or not. This is also the position of Malik and Abu Thawr.
Supporting text
Another narration from Ahmad states that the gift in all matters is not binding except through receipt. This is the position held by the majority of scholars, including Abu Bakr, Umar, Uthman, Al-Nakh'i, Al-Thawri, Al-Hasan bin Salih, Al-Anbari, Al-Shafi'i, and the People of Opinion (Ahl al-Ra'y).