he dies while the cash is still in his possession. Some scholars further say that if the father separates the coins, seals them in a pouch, calls witnesses to the act, and the pouch is later found intact after his death, the transfer is valid and takes effect for the minor. Both opinions are attributed to Mālik.
As for everything other than ready cash, the father’s holding of the property counts as holding it on behalf of his minor child in every situation—provided he does not live in, wear, profit from, or make personal use of any part of it, and that he does not ride an animal he has given his son except in the limited manner a non-owner who has merely borrowed it would. Should he ride it as he used to before, the gift is void.
In all such cases, it is enough for the father to have the transaction witnessed and publicly announced until the child reaches an age at which he can accept possession himself.
If the father occupies a small portion of a house he has donated to his minor son, or repairs and enjoys the yield of a small part of the property out of necessity, that is not deemed to be his taking possession of what he has donated. A “small portion” in this context is anything up to one third.
Accordingly, when he lives in no more than that small share of property placed under an endowment (ḥabs), charity, or gift, the arrangement is sound for both the part he occupies and the part he does not. If he occupies more than that, the arrangement is invalid for the portion he lives in and for the remainder as well. We have explained this issue in greater detail in the Book of Endowments.
If a father gives or donates something to his son and reserves for himself a small share of its produce, that is permissible; but if he reserves a larger share—one half, one third, or the like—the arrangement is invalid.
The father may revoke any gift he has made to his children, whether minors or adults, so long as the child has not yet married, incurred a debt, or died—in which case the property passes to the child’s heirs. He may not, however, reclaim what someone else has given to his child.
No one may retract a gift except the father with respect to his own child, and some scholars even maintain that no one at all is entitled to rescind or repossess anything once it has been given.