His statement, “existing,” excludes what does not exist.

His statement, “during his lifetime,” excludes a bequest.

His statement, “to another,” merely describes the usual case.

For example, if someone gives another person a book without charge, we call this a gift. If he intends thereby the reward of the Hereafter, we call it charity; and if he intends to cultivate affection with that person, it is a present. Usually, a present is given by someone of lower standing to someone of higher standing, because the former does not seek to benefit the latter, but rather seeks to win his affection.

A gift may be given to one’s equal or to someone of lower standing, but the giver does not primarily intend thereby the reward of the Hereafter.

These four contracts (1), moreover, are broader than exchange contracts in one respect and narrower in another. Exchange contracts, such as sales and leases, are valid even when made by one who is indebted, whereas voluntary transfers are not. On the other hand, voluntary transfers are valid with respect to unknown items, whereas exchange contracts are not.

“And if he stipulates a known consideration for it, then it is a sale” …

His statement, “if he stipulates for it,” means: for the gift.

His statement, “a known consideration, then it is a sale,” means that it takes the rulings of a sale. For example, a man says to his brother, “I have given you this on condition that you give me ten riyals.” We say: this is a sale, and the rulings of a sale apply to it. Thus, it is subject to the option of the contracting session; it must have an offer and acceptance; and all the other conditions apply. Therefore, if you said to someone, while you were going with him to the mosque and the call to prayer had been given—