the first. The reasoning for the first narration is that a gift is one of the two types of transfer of ownership; thus, there are cases among them that are not binding before taking possession, and cases that are binding before it, such as sale, for there are types of sale that are not binding before possession—namely currency exchange (sarf) and the sale of usurious items—and types that are binding before it, which is what is other than that. As for the hadith of Abu Bakr, it is not binding. For 'the plucking of twenty wasqs' can be understood as meaning he intended twenty wasqs already plucked, thus it is a measurable commodity (makil) and unspecified, and in this, possession is necessary. If he intended palms to be plucked totaling twenty wasqs, it is also unspecified, and the gift is not valid regarding it before its specification. Its meaning would therefore be: 'I have promised you a gift.' The statement of Umar intended to forbid the ruse of a parent gifting his child a gift suspended upon death, where he declares: 'I have gifted my child something,' while holding it in his hand and deriving profit from it. Then, when he dies, his child takes it by the authority of the gift he declared, and if his child dies, he keeps it and gives the child's heirs nothing. This, in this manner, is forbidden, so he forbade them from this until the child possesses it, excluding his parent. If he dies, his heirs inherit it, like the rest of his wealth. Since this is the intent, it is specific to the gift to a child [to the exclusion of his parent], and the like, noting that a contrary view has been narrated from Ali and Ibn Mas'ud, so their statements conflict.
Section: Al-Khiraqi's statement: 'If he accepts,' indicates that possession is only dispensed with in a situation where offer and acceptance have occurred. The offer (ijab) is for him to say: 'I have gifted you,' 'I have presented as a gift to you,' 'I have given you,' or 'This is for you,' and similar expressions indicating this meaning. The acceptance (qabul) is for him to say: 'I have accepted,' 'I am satisfied,' or the like. Al-Qadi and Abu al-Khattab mentioned that a gift and a grant are not entirely valid except with an offer and acceptance, and they are necessary, regardless of whether possession is found or not. This
(2) In [M]: 'in it'. (3) Its documentation (takhrij) preceded on page 206. (4) In the original: 'possession'. (5) Preceded on page 206. (6) Omitted from [M].