Is witnessing the gift sufficient for taking possession when gifting a specific item to a minor son?

General Chapter

Al-Mughni

Book of Gifts and Donations

Book 28 · Issue 3 · Bab 1

Open in Qurani

Primary text

Witnessing the gift is sufficient for taking possession of an item gifted to a minor son by his father, as reported in the narration concerning Uthman. Ahmad stated that he prefers the father to say, 'I have taken possession of it for him,' when witnessing the gift of a specific share of a known estate to his son, and if he omits this but the share is specified (Mufraz), Ahmad hopes it is sufficient. This supports the fulfillment via witnessing.

Supporting text

Some of our companions hold that uttering either 'I have accepted it' or 'I have taken possession of it' suffices, as acceptance replaces the need for physical possession.