Does Verbally Gifting Money Without Informing the Recipient Transfer Ownership?
Hanafi Fiqh
Answered by Mawlana Ilyas Patel
Question
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray you are in good faith and health. Thank you for your question.
If someone verbally gives away money in their bank account but does not inform the recipient, the money will still belong to them.
The reason is that despite verbally giving it away, they have not informed the recipient, so the offer exists, but there is no acceptance from the recipient. Most importantly, possession has not been transferred. Thus, the money will still belong to them.
Gift-giving (hiba) is a means of transfer of ownership, and it is complete when possession is transferred. [Maydani, al-Lubab Fi Sharh al-Kitab; Ibn ‘Abidin, Radd al-Muhtar]
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I pray this helps with your question.
Wassalam,
[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani
Mawlana Ilyas Patel has received a traditional education in various countries. He started his schooling in the UK and completed his hifz of the Quran in India. After that, he joined an Islamic seminary in the UK, where he studied secular and Aalimiyya sciences. Later, he traveled to Karachi, Pakistan, and other Middle Eastern countries to further his education. Mawlana has served as an Imam in the Republic of Ireland for several years and taught the Quran and other Islamic sciences to both children and adults. He also worked as a teacher and librarian at a local Islamic seminary in the UK for 12 years. Presently, he lives in the UK with his wife and is interested in books and gardening.
