placed it in the custody of an impartial, trustworthy custodian—according to one of the two reported opinions.
As for movable goods, slaves, and all property other than coined gold or silver: if a man gives his minor son a piece of merchandise or a female slave in charity, summons witnesses, and then decides he wants the slave for himself, he may appraise her and enter her value as a debt upon himself. Should the father die before the price reaches the child, that amount is a debt owed to the son from his father’s estate, provided the soundness of the gift is duly established.
The same ruling applies when he donates to his young son a number of mares, sheep, or cattle, calls witnesses, specifies the animals, separates them, and brands them; the charity then takes effect and the father’s retention of them counts as possession on the child’s behalf. If he fails to do these things, the animals revert to the estate as inheritance.
Likewise, if he segregates specific coins, sets them apart, and calls witnesses, his holding of them constitutes valid possession, in accordance with the two opinions already cited concerning gifts.
A father’s possession on behalf of his maiden daughter is identical to his possession for his small son; the witnessing alone suffices because he is their guardian.
With respect to the transfer of possession, charity requires exactly what we have detailed for gifts; there is no distinction whether the beneficiary is a relative or an outsider. Whatever we have said about the mother’s possession and the like, or about an unrelated person holding property in trust or otherwise, all comes under the same legal principles governing gifts and charity.
If someone grants his child an undivided share of a house or a parcel of land in charity and calls witnesses, there are two opinions transmitted from Malik: one permits it—and this is the view I follow when the share is insignificant—while the other invalidates it; the same divergence exists concerning gifts.
When a man or woman adorns a small child of theirs with jewelry, calls witnesses to the gift, and then dies, the jewelry that the child is wearing belongs exclusively to the child, to the exclusion of the other heirs.
The mutual possession that obtains between spouses regarding whatever one of them gifts or donates in charity to the other is deemed valid possession; after witnessing, nothing further is required beyond the donated item being in the hands of the recipient—even though the couple live together—just as each normally keeps his or her own property. This applies to all household articles, every type of movable good, and