Taking possession, return and cases

This second part of the chapter on hiba (the gift) examines the effects of the death of the parties on the gift, the taking back of presents given to betrothed women, the gifting of items held by others, the remission of unknown debts, the gift with a compensation attached, the gift between spouses, the gift to close relatives, and the impediments to taking a gift back. The positions of the four schools (Hanafis, Malikis, Shafi'is and Hanbalis) are compared with their Quranic and prophetic proofs and their classical references.

Parts of this section

• The death of the donor or the beneficiary after the contract and before taking possession
• Compensation due without any stipulation