In the name of Allah, the Most Merciful, the Compassionate.
May Allah bless our master Muhammad and his family.

Book of Gifts and Charitable Donations

A gift, according to Malik and his companions, is valid when granted by any adult who is neither legally interdicted nor suffering from a confirmed terminal illness, to anyone who asks him for it or accepts it from him. The obligation of the gift is established by the donor’s verbal offer and the donee’s acceptance, and it is completed by actual transfer of possession.

If, after making the offer, the donor withholds the gift, the intended recipient may demand it, and a judge will compel the donor to hand it over so long as the donor is alive and in sound health. Should the donor become ill, compulsion is limited to whatever the disposable one-third of his estate can cover, provided he authorises the gift during that illness.

If the donor dies while in good health before the donee has taken possession, the gift is void: it is not charged to the disposable third or to any other part of the estate. Instead, it passes to the donor’s heirs as inheritance—unless, during his illness, he says, “Carry out for him what I have given.” In that case it is treated as a bequest.