What is the ruling regarding the possession required for the gift of an item whose delivery cannot be completed?

Primary text

If possession is stipulated as a condition for the validity of a gift, a gift of something that cannot be delivered is invalid. This includes an absconding slave (*'abd abiq*), a stray camel (*jamal sharid*), or a usurped item (*maghsub*) from a non-usurper from whom the recipient cannot take possession. This is the view of Abu Hanifa and Al-Shafi'i, based on the principle that a contract requiring possession, such as a sale, is invalid if delivery is impossible. However, if the usurped item is gifted to the usurper, or if the recipient cannot take possession from him, the gift is valid because possession is possible. If the owner authorizes the usurper to deliver the item, the gift is valid. If the recipient authorizes the usurper to take possession on his behalf and the usurper accepts, and a period passes during which possession could have been taken, the item becomes possessed, the recipient gains ownership, and the usurper is absolved of liability.