Section: If the donor or the donee dies before possession is taken, the gift is invalidated, whether this occurs before permission to take possession or after it. Al-Qadi mentioned this regarding the death of the donor; because it is a permissible contract, it is therefore invalidated by the death of one of the two contracting parties, like agency (wakalah) and partnership (sharikah). Ahmad said, in a narration by Abu Talib and Abu al-Harith, regarding a man who gifted a gift that did not reach the recipient until he died: "It returns to its owner as long as he has not taken possession of it." He narrated with his chain of transmission from Umm Kulthum bint Abi Salamah, who said: When the Messenger of Allah (may Allah bless him and grant him peace) married Umm Salamah, he said to her: "I have gifted the Negus a garment and some ounces of musk, and I do not see the Negus but that he has died, and I do not see my gift but that it will be returned to me. If it is returned, then it is for you." She said: So it was as the Messenger of Allah (may Allah bless him and grant him peace) said, his gift was returned to him, so he gave each of his wives an ounce of musk, and he gave Umm Salamah the remainder of the musk and the garment. If the owner of the gift dies before it reaches the recipient, it returns to the heirs of the donor, and it is not permitted for the messenger to carry it to the recipient unless the heir grants him permission. If the donor retracts his gift before it reaches the recipient, his retraction is valid; and the gift is like the gift (of a present). Abu al-Khattab said: If the donor dies, his heir stands in his place regarding permission to take possession and dissolution. This indicates that the gift is not annulled by his death. This is the opinion of most of the companions of Al-Shafi'i; because it is a contract whose ultimate end is binding, so it is not annulled by death, like a sale in which an option (khiyar) is stipulated. The same logic is applied if the donee dies after his acceptance. If one of them dies before acceptance, or what takes the place of acceptance, it is invalidated, according to one definitive opinion; because the contract was not completed, so it is similar to if he had offered a sale and one of them died before the buyer's acceptance. And if we say that the gift is not invalidated...