the gift, because it has become binding. A gift is a type of grant: if a person gives another man one thousand riyals and he takes possession of it, the thousand becomes the recipient’s property, and the giver cannot take it back. This is because the Prophet, peace and blessings be upon him, said: “We do not set an evil example: the one who takes back his gift is like a dog that vomits and then returns to its vomit.” (1)

With regard to a bequest, the testator may revoke it. Thus, if he bequeaths his house to someone and says, “After my death, this house is to be given to So-and-so as his property,” then later revokes it, this is permissible, because a bequest does not become binding until after death; therefore, he may revoke it.

This is the second difference: a binding gift—namely, one of which possession has been taken—cannot be revoked, whereas the testator may revoke a bequest even if the beneficiary has taken possession of it, because it does not become binding until after the testator’s death.

The third difference:

His statement, “Acceptance of it is considered,” means acceptance of the gift.

His statement, “when it comes into existence,” means that, since it is a gift, the recipient’s acceptance of it is considered at the time it is given, before the donor’s death. Thus, when he gives him the gift, he must accept it immediately. A bequest, however, cannot validly be accepted until after death. Even if the testator says, “I have bequeathed this house to you, to become your property after my death,” and the beneficiary says, “I accept; may Allah reward you abundantly,” and the testator goes to the notary public and says, “I have bequeathed my house to So-and-so after my death,” he may still revoke it, because it is a bequest.

The fourth difference: ownership is not established for the beneficiary from the moment the bequest is concluded.