Chapter on Gifts and Deathbed Gifts

A gift is the voluntary transfer of ownership, during one’s lifetime, of one’s known and existing property to another person, …

His statement, “gifts and deathbed gifts”: hibah (gift) is the verbal noun of wahaba (“to give”), as in wahaba–yahabu–hibatan. Its original form is wibah, derived from wahaba al-shay’a, meaning, “he gave the thing.” This is like wa‘ada–ya‘idu–‘idatan (“he promised”), whose original form is wi‘dah.

You should know that voluntarily parting with wealth may take the form of a gift, a present, or charity. Whatever is intended in itself to earn the reward of the Hereafter is charity; whatever is intended to cultivate affection and goodwill is a present; and whatever is intended to benefit the recipient is a gift. This is the distinction between them. Cultivating affection and goodwill is among the objectives recognized by the Sacred Law, and through it the reward of the Hereafter is sought. Yet the reward of the Hereafter is not its primary objective; this is why it is given to a particular individual. Charity, on the other hand, is not restricted to a particular person; rather, one gives it to any poor person one encounters. All of them share the fact that they are pure acts of voluntary giving, for which the giver seeks nothing in return.

A deathbed gift is conjoined to a gift as a mention of the particular alongside the general, because a deathbed gift is the voluntary disposition of wealth during a terminal illness. It is thus more specific than a gift. A gift is when one voluntarily gives wealth while in good health, or during a non-terminal illness, or during a terminal illness from which one does not die.

His statement, “the voluntary transfer of ownership, during one’s lifetime, of his known and existing property to another”: the phrase “during one’s lifetime” qualifies “voluntary transfer.” A voluntary transfer is an optional act, and therefore it is not