—whether the dates are still on the palm-tops or the wool is still on the backs of the sheep. Delivery and possession of all such gifts are secured by handing over the underlying stock itself, so that the palms and the sheep pass into the donee’s control and he may harvest the fruit and shear the wool. If the donee fails to take possession of the sheep or the trees before the donor dies, the gifts are null and void.
It is likewise valid to gift what is in the wombs of female creatures, yet the gift is not completed until the donee takes charge of the mothers—be they female slaves or livestock—and the offspring are born while in his care. Should he not take possession of the mothers before the donor’s death, the donee has no claim. If, however, the donor remains alive and the donee has not yet taken possession, but the mothers give birth while he is actively pressing his claim, judgment goes in his favor, and the same ruling applies to his heirs should he die before taking possession while the donor is still alive.
Gifting an undivided share is permissible, and possession is effected in the same manner as for a pledge, as detailed earlier in the Book of Pledges. Witnesses must also be called for a gift of an undivided share, and possession is taken in precisely the way prescribed for pledges.
When the donee leases the gifted property, registers the lease in his own name, and the tenant takes possession by the accepted acts of delivery, the gift is complete and binding.
A gift of an indeterminate share of an inheritance or of any other property—whether present or absent—is likewise valid; possession is established by attesting to the gift and by the donee’s acceptance, whereupon he steps into his partner’s place with respect to it.
If someone gifts fixed measures of olive oil from a particular harvest or from a specific press, the donor is compelled to have the olives pressed.
It is permissible to gift a debt or a deposit. Possession of a debt is obtained either by receiving its security instrument and having that attested, or through a ḥawāla (transfer of debt) with attestation. As for a deposit, it is sufficient that the person currently holding it serve as a witness; and if the donor gifts it to another, he summons witnesses in the presence of the present custodian.
And if a man makes a gift to two recipients,