What is the ruling regarding gifting fungible items like currency (Athman) to a minor son?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 4 · Bab 1

Open in Qurani

Primary text

There is no distinction regarding the necessity of possession between specific items and fungible items like currency, according to Abu Hanifa and Shafi'i. The ruling applies universally to all gifted items. The basis is that if the gift is valid, and the father takes possession on behalf of the minor son, the gift must be valid, similar to gifting movable goods (Urood).

Supporting text

Malik stipulated that if a specific, identifiable item like currency is gifted, it is not valid unless placed in the hands of a third party. This is because the father might destroy the currency or it might be destroyed through no fault of his, and since one cannot witness a specific fungible item, possession offers no benefit.