or "I have rejected it (50)," or similar terms indicating retraction, and it does not require a judge's ruling. Al-Shafi'i held this view. Abu Hanifah said: Retraction is not valid except through a judge's ruling; because the ownership of the recipient is established. To us, it is an option in the rescission of a contract, so it does not depend on a judgment, like rescission based on an option of condition. As for if he takes back what he gifted to his child, if he intended by it a retraction, it is a retraction, and his word is accepted regarding his intention. If it is not known whether he intended retraction or not, and this happened after the father's death, then if no evidence is found indicating retraction, it is not judged to be a retraction; because taking it back could be for retraction or otherwise, and we do not remove a certain ruling by a doubtful matter. If there are accompanying indications pointing to the retraction, there are two opinions: One is that it is a retraction, which was chosen by Ibn 'Aqil; because we were satisfied in the contract with the indication of the situation, so in rescission, it is even more appropriate, and because the word of retraction is only a retraction due to its indication of it, so everything that indicates it is the same. The other is that it is not a retraction, which is the school of al-Shafi'i; because ownership is certainly established for the recipient, so it does not cease except by an explicit statement. It is possible that this can be based on the contract itself; so whoever makes the offer and acceptance mandatory in it, does not consider here anything sufficient except a word that necessitates its cessation, and whoever considers in the contract the exchange (mu'atah) indicating consent to be sufficient, it is even more appropriate here. If he intended the retraction without action or word, the retraction does not occur, according to a single opinion; because it is the establishment of ownership over property owned by another, so it does not occur by mere intention, like other contracts. If he conditioned the retraction, such as saying: "When the beginning of the month arrives, I have retracted the gift," it is not valid; because the rescission of the contract does not depend on a condition, just as the contract does not depend on it.

935 - Issue: He said: (If he dies without having taken it back, it is established for the one to whom he gifted it, if that was while he was in good health)