The validity of gifting a portion of an asset in exchange for retaining the remainder.

Primary text

The third division is a gift (*hiba*). If one possesses an asset and states, 'I gift you half of it, so give me the rest,' this is valid, provided the conditions of a gift are met. If the transfer is made using the language of a condition, it is invalid. This is the view of Al-Shafi'i because stipulating performance in a gift makes the gift compensation for that performance, thus equating it to exchanging one part of the right for another.