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

A woman had children by different fathers. She singled out one child and gave him a share of her property as a charitable gift, to the exclusion of his siblings. She then died while still residing in the property she had given away. Is the charitable gift valid or not?

He replied:

Praise be to Allah. If he had not taken possession of it before she died, the gift became void according to the well-known position in the schools of the four imams. If she had delivered it into his possession, then, according to the correct view, the recipient may not retain it exclusively; rather, it must be shared between him and his siblings. Allah knows best.

He also said:

Section

As for contracts whose binding and settled status depends on taking possession—such as charitable gifts, gifts, pledges, and endowments, according to those who hold that taking possession is a condition for the contract to become binding—these too are valid for undivided shares according to the majority of scholars, including Mālik, al-Shāfiʿī, and Ahmad. Abū Hanīfah did not permit them, arguing that taking possession is a condition of these contracts, yet possession cannot be taken before partition.

The majority, however, maintain that possession is taken under these contracts just as it is in a sale, even though taking possession is a consequence of a sale, not a condition of its validity or binding force. Possession can also be taken of property that cannot be divided, for they unanimously agree that an undivided share of such property may be given as a gift, since partition is impossible.