qīrāt.” They argued that it was inconceivable for Jābir ibn ʿAbd Allāh to acquire ownership of what the Messenger of Allah (peace and blessings be upon him) had transferred to him on any basis other than that on which he had transferred it. They also cited the report of ʿAbd Allāh ibn ʿAwf ibn ʿUthmān ibn ʿAffān purchasing an absent horse and adding four thousand after the sale had been concluded, on condition that he would bear the risk. This indicates that additions are incorporated into contracts of sale. This took place in the presence of the Companions (may Allah be pleased with them), who wished to know which of the two had been more fortunate in the sale.

This applies so long as the sold item can be returned and the sale concluded anew, and has not become unavailable through manumission, death, or passing out of the purchaser’s possession. If the addition is made after the item has become unavailable through any of these circumstances, it is treated as a gift, without disagreement. The reasoning behind their position is that, when the purchaser increases the price after the sale has been concluded and the seller accepts the increase, it is as though they have mutually rescinded the original sale and concluded a new one at the original price plus the addition.

If, however, the addition follows a contract that cannot validly be rescinded—such as a settlement concerning intentional homicide or something unspecified—one view is that the addition must be returned to its owner. This is the position of Abū Hanīfah and Abū Yūsuf. Another view is that it is treated as a gift in all respects; this is the better-known and more widely held position. On this same basis, they disagreed over whether a gift made when concluding a marriage contract requires possession to be taken, and whether it is permissible to sell a slave’s property after the sale has been concluded. There are many questions of this kind. Success comes from Allah.

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According to our school, gifts, charity, and similar transfers require possession to be taken and are not fully completed without it. If possession is not taken from the giver or donor before he dies or becomes insolvent, the transfer becomes void.

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Taking possession is a condition of the full completion of gifts and charity because, were they to be deemed valid without it, this would provide a means for a person to enjoy his wealth throughout his lifetime and then exclude it from