If one of them dies after permission to take possession has been granted, the permission is invalidated according to a single definitive opinion. This is because if the deceased is the donor, his right to retract the gift has transferred to his heir, and it is not binding without his permission. If the deceased is the donee, the permission was not granted to his heir, and therefore he does not possess the right to take possession without [new] permission.

Section: If he gifts him something that is in the possession of the donee, such as an object of trust (wadi'ah) or a usurped object (maghsub), the apparent view from Ahmad is that the gift is binding without the need for taking possession, nor the passage of a period during which possession could have been achieved. For he said, in a narration by Ibn Mansur: 'If he gifts something to his wife and she does not take possession of it, there is no option (khiyar) between him and her; she is with him in the house.' The apparent implication of this is that he did not consider possession necessary, nor the passage of a time during which it could be achieved, because she is with him in the house, so her hand is upon what is within it. Al-Qadi said: 'A period of time during which possession could be achieved must pass.' It has been narrated from Ahmad, in another report, that it requires permission for possession. The reasoning and detailing of this have already passed in the chapter on pledge (rahn). The school of Al-Shafi'i is like our school regarding the difference of opinion concerning the consideration of permission and the consideration of the passage of a period of time during which possession could be achieved.

932- Issue: He said: '(And it is valid in other than that without possession, if he accepts, just as it is valid in a sale.)'

This means that for things other than those measured by volume (makil) or weight (mawzun), the gift is binding merely by the contract, and ownership of the gifted item is established before taking possession of it. This has been narrated from Ali and Ibn Mas'ud (may Allah be pleased with them both), for it is narrated from them that they both said: 'A gift is permissible if it is known, whether it is possessed or not.' This is the opinion of Malik and Abu Thawr. From Ahmad, there is another narration: 'A gift is not binding in any case except by possession.' This is the opinion of most scholars. Al-Marwazi said: 'Abu Bakr, Umar, Uthman, and Ali agreed that a gift is not valid unless it is possessed.' This is also narrated from Al-Nakha'i, Al-Thawri, Al-Hasan ibn Salih, Al-'Anbari, Al-Shafi'i, and the scholars of reasoning (Ashab al-Ra'y), for the reasons we mentioned in the first issue.