Is possession of a gifted item valid if taken by the recipient in the same session (majlis) without the donor's explicit permission?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
A narration from Abu Hanifa holds that if the recipient takes possession during the session where the gift was offered, the possession is valid even without explicit permission. This is because the offer of the gift itself substitutes for permission concerning possession, as it indicates consent to the transfer of ownership, which requires possession to be complete.
Supporting text
The correct view holds that possession taken without the donor's permission is invalid, just as it is invalid after the session concludes or if the donor explicitly forbade possession. This is because the donor is not obligated to hand over the item, and the gift offer does not inherently constitute permission for possession, as evidenced by the ruling concerning possession after the session ends.