What is the legal determination if property is transferred without mention of a substitute or corresponding evidence?
Chapter on Loan (Qard)
Al-Mughni
Book of Sales
Primary text
If a person states, 'I granted you ownership' (*malaktuka*), but fails to mention the substitute payment (*badal*) or if no context suggests an obligation to return value, the transaction is ruled a gift (*hibah*).
Supporting text
If the parties disagree on whether the transaction was a loan or a gift, the statement of the recipient (the one to whom the gift was allegedly made) is accepted as definitive because the apparent status (*al-zahir*) supports their claim, as outright ownership transfer without consideration is inherently a gift.