regarding his rights, as in the case of a beneficiary of a bequest. Malik said: The gift of unknown property is valid, because it is a charitable donation (tabarru'), so it is valid in unknown property, just like a vow or a bequest. The argument for the first view is that it is a contract of transfer of ownership that cannot be suspended upon conditions, so it is not valid in unknown property, like a sale, unlike a vow or a bequest.

Section: The suspension of a gift upon a condition is not valid, because it is a transfer of ownership of specific property during one's lifetime, so it is not permitted to suspend it upon a condition, like a sale. If he suspends it upon a condition, similar to the Prophet's (peace and blessings of Allah be upon him) statement to Umm Salama: "If our gift returns to the Negus, then it is for you," it is considered a promise. If he stipulates conditions in the gift that contradict its requirements, such as saying: "I gift you this on the condition that you do not gift it or sell it," or "on the condition that you gift it or sell it," or "on the condition that you gift something to so-and-so," the conditions are not valid. Regarding the validity of the gift itself, there are two views, based on the invalid conditions in a sale. If he restricts the gift in time, saying: "I gift you this for one year, then it returns to me," it is not valid, because it is a contract of transfer of ownership of a physical asset, so it is not valid as a temporary arrangement, like a sale.

Section: If he gifts a slave-woman and excludes what is in her womb, it is valid according to the analogy of Ahmad's statement regarding one who manumits a slave-woman and excludes what is in her womb; because he has donated the mother, not what is in her womb, so it resembles manumission. Al-Nakha'i, Ishaq, and Abu Thawr also hold this view regarding manumission. The Ashab al-Ra'y said: The gift is valid, but the exclusion is void. Our position is that he did not gift the child, so the donee does not own it, like property that is separated, or property that is bequeathed.

Section: If a person has a debt owed by another, and he gifts it to him, or discharges him from it, or releases him from it, it is valid, and the debtor's liability for it is absolved, even if he rejects it and does not accept it; because it is a waiver, so it does not require acceptance, like the waiving of retaliation, preemption, and the penalty for slander, and like manumission and divorce. If he says: