without compensation, so it becomes binding merely upon the contract, like an endowment (waqf) or manumission (itq). They might say: It is a donation (tabarru'), so taking possession is not considered in it, just as in a bequest (wasiyyah) or an endowment. And because it is a binding contract that transfers ownership, its binding nature does not depend on taking possession, like a sale. Our evidence is the consensus of the Companions, may Allah be pleased with them, for what we have stated is narrated from Abu Bakr and Umar, may Allah be pleased with them, and no one among the Companions is known to have opposed them. Urwah narrated from Aisha, may Allah be pleased with her, that Abu Bakr, may Allah be pleased with him, had gifted her the harvest of twenty wasqs from his property in al-'Aliyah. When he fell ill, he said: "O my daughter, there is no one more beloved to me in terms of wealth after my death than you, and no one more burdensome to me in terms of poverty than you. I had gifted you the harvest of twenty wasqs, and I would have wished that you had secured or taken possession of it. But today, it is the property of the heirs, your brothers and sisters, so distribute it according to the Book of Allah, the Almighty and Majestic" (9). Ibn 'Uyaynah narrated from al-Zuhri, from Urwah, from 'Abd al-Rahman ibn 'Abd al-Qari, that Umar ibn al-Khattab said: "What is the matter with people who gift their children, and then when one of them dies, he says: 'My wealth, and it is in my possession.' And when he (the child) dies, he says: 'I had gifted it to my child.' There is no gift except a gift that the child secures exclusively from the parent, for if he dies, he (the child) inherits it." Uthman also narrated that the parent secures [the gift] for his child if they are young. Al-Marrudhi said: Abu Bakr, Umar, Uthman, and Ali all agreed that a gift is not valid unless it is taken into possession. It is a gift not taken into possession, so it is not binding, just as if he died before he could take possession. Malik says: The heirs are not obliged to hand it over. The report is interpreted as applying to what has been taken into possession. Analogy with endowment, bequest, and manumission is invalid; for an endowment is the removal of property to Allah the Exalted, so it differs from transfers of ownership; a bequest is binding in relation to the heir; and manumission is the waiving of a right, not a transfer of ownership. Furthermore, endowment and manumission do not exist in the subject of dispute regarding items that are measured or weighed.

Section: Al-Khiraqi's statement: "It is not valid." It is possible he means it is not binding. And it is possible he means