in entering the bathhouse, and it is a lease and a sale of physical objects. If we have deemed mutual exchange sufficient when confirmed by circumstantial evidence, and that it transfers ownership from both sides, then it is more appropriate that we deem it sufficient in a gift.

Section: Possession (al-qabd) in that which is not moved is by vacating it and leaving it between the parties, with no barrier before it; in that which is moved, it is by transport; and in undivided property (al-musha'), it is by delivering the entirety to him. If the partner refuses to surrender his share, it is said to the recipient: Appoint the partner as your agent to take possession of it for you and transport it. If he refuses, the ruler shall appoint someone to be in his possession on behalf of both of them, and he shall transport it so that possession may be attained, for there is no harm to the partner in that, and the contract of his partner is completed by it.

Section: The gift of undivided property (al-musha') is valid. Malik and al-Shafi'i held this view. [Al-Shafi'i said]: It is the same whether it is possible to divide it or not. The scholars of opinion (Ashab al-Ra'y) said: The gift of undivided property that is possible to divide is not valid, because possession is a condition for a gift, and the necessity of partition prevents the validity and completion of possession. If it is from that which cannot be divided, its gift is valid due to the absence of that factor. If one person gives two people something that is divisible, it is not permissible according to Abu Hanifa, but it is permissible according to his two companions. If two people give two people something that is divisible, it is not valid according to the qiyas (analogy) of their school, because each of the recipients has been gifted an undivided part. As for our evidence, when the delegation of Hawazin came asking the Messenger of Allah (may Allah bless him and grant him peace) to return to them what he had taken as spoils from them, the Messenger of Allah (may Allah bless him and grant him peace) said: "What belongs to me and the Banu 'Abd al-Muttalib is yours." Extracted by al-Bukhari. This is a gift of undivided property.