ownership is not established by it before taking possession. For the ruling of ownership is the ruling of a gift, and validity is the consideration of something in relation to its ruling. As for validity in the sense of the formation of the verbal expression, such that when taking possession is added to it, it is considered and its ruling is established, then it is not correct to interpret his (Al-Khiraqi's) expression as negating it, because there is no disagreement regarding it, and because he said in the context of the issue: "just as it is valid in a sale." It has been established regarding sale that the sale of items that are measured or weighed is valid before taking possession; rather, it is the guarantee and its absolute nature in transactions that are negated. His saying "what is measured and what is weighed" has the outward appearance of generalization to every item weighed and measured, but our later scholars specified it to what is not uniquely determined, such as a qafiz from a pile, or a ratl from an ingot. We have already mentioned this in the section on sale, and we leaned towards the generalization.

Section: The donor has the option before taking possession; if he wishes, he may hand it over and fulfill it, and if he wishes, he may retract it and withhold it. Taking possession is not valid except with his permission; if the donee takes possession of it without his permission, the gift is not completed, and taking possession is not valid. It is narrated from Abu Hanifah that if he takes possession of it in the session, it is valid, even if he did not give him permission; because the gift takes the place of permission in taking possession, as it indicates his consent to the transfer of ownership, which is not completed except by taking possession. Our view is that he took possession of the gift without the donor's permission, so it is not valid, just as after the session, or as if he had forbidden him from taking possession. Furthermore, delivery is not due from the donor, so delivery is not valid except with his permission, just as if the buyer took the sold item from the seller before delivering its price. It is not valid to make the gift a form of permission for taking possession, evidenced by what happens after the session. If the donor grants permission for taking possession, then retracts the permission, or retracts the gift, his retraction is valid; because that (the permission) is not the taking of possession. And if he retracts it after taking possession, his retraction is of no benefit; because the gift has been completed.