Bahishti Zewar, Fiqh, Part 5-Principles of Business

1. You gave an item to a person and he accepted it. Alternatively, he did not accept it verbally, instead, you placed it in his hand and he took it. That item will now be his and it no longer belongs to you. In the Sharî‘ah this is known as hiba – a gift or present. There are several conditions for this. One is that you have to hand over the item to the person and he has to take possession of it. If you tell him that you are giving him this item and he says that he is accepting it but you have not handed it over to him as yet, then this giving of yours is not correct. The item will still be considered to be under your ownership. However, if he takes possession of it he will become its owner.

October 18, 2010