is not a condition for the contract to become binding.

As for gratuitous arrangements, such as gifts and loans for use, Abū Hanīfah and al-Shāfiʿī hold that they become binding only upon taking possession, whereas Mālik holds that they become binding upon conclusion of the contract.

There is disagreement within Ahmad’s school, as there is concerning specifically identified property: does the contract alone make it binding, or must possession be taken? Two opinions are reported from him. The same applies to certain forms of loans for use. The early generations regularly lent trees for their produce and livestock for their milk. Likewise, they gave gifts of fruit and milk not yet produced, regarding these arrangements as binding. This, however, resembles a loan for use, because the subject of the contract comes into being gradually, like the benefit derived from an asset. Hence such produce, like the benefits of an endowment, is among the things to which its beneficiary is entitled. Accordingly, arrangements involving remuneration with a share of such produce are valid, such as tending trees for a share of their fruit.

As for granting permission to use such things, the scholars do not dispute its permissibility, whether the thing concerned already exists or has yet to exist, and whether its particulars are known or unknown. Such permission, however, does not constitute a binding contract, just as a loan for use is not binding according to those who hold that view, such as Abū Hanīfah and al-Shāfiʿī. Mālik, by contrast, regards it as binding when its limits are defined by stipulation or custom. Within Ahmad’s school there are differing views and further distinctions.

He—may Allah have mercy on him—was also asked:

A woman gave her husband her document. She had no father, but did have brothers. Are they entitled to prevent her from doing this?

He replied:

Praise be to Allah, Lord of all worlds. Her brothers have neither guardianship over her nor authority to restrict her disposal of her property. If she is legally competent to give away her property, her gift is valid whether they approve or not. Allah knows best.