Definition o f
the terms ufed
in gift.
H E D A T A.
B O O K XXX.
Of H I B B A y or G I F T S .
HIBBA,. in its literal fenfe, fignifies the donation of a thing from
which the donee may derive a benefit: in the language of the.
l a w , it means a transfer of property, made immediately, and- without
any exchange.— T h e perfon making the transfer is termed the
Wahib, or d o n o r the perfon to whom it is made the Alohoob-le-koc,
or donee;— and the thing itfelf the Mahoab, or gift.
Chap. I. Introductory.
Chap. II. O f Retractation of a Gift.
CHAP.
C H A P . L
D e e d s o f g i f t are lawful; becaufe the prophet has faid, “ Send ye Giftsarelaw-
“ prefents to each other fo r the increafe o f your love," which implies f“i:
the legality of gifts, as by prefents is meant gifts. All our doCtors,
moreover, concur in the validity of them.
G i f t s are rendered valid by tender, acceptance, and feizin.— ana re„dered
Tender and acceptance are neceflary, becaufe a gift is a contract, and talid by te"'
. . r 7 der, accepttender
and acceptance are requinte in the formation of all contra&s: ance, and
and feizin is neceflary in order to eftablilh a right o f property in .the eizm’
gift, becaufe a right of property, according to our doCtors, is not
eftablifhed in the thing given merely by means of the contrail, without
feizin.— Malik alleges that right of property is eftablifhed in a gift
antecedent to feizin, becaufe of its analogous refemblance to fale: and
the fame difference of opinion obtains with refpeCt to alms-gift.— T h e
arguments of our doCtors upon this point are twofold.— F i r s t , the
prophet has faid, “ A g ift is not valid without fe izin ," (meaning that
the right of property is not eftablifhed in a gift until after feizin.)—
S e c o n d l y , gifts are voluntary deeds; and if the right of property
were eftablifhed in them previous to the feizin, it would follow that
the delivery would be incumbent on the voluntary agent before he
had voluntarily engaged for it. — It is otherwife with refpeCt to
wills; becaufe the time of eftablifhment o f a right of property in a legacy
is at the death o f the tejlator; and he is then in a fituation
which precludes the poflibility of rendering any thing binding upon
himfelf.
P p 2 O b j e c t i o n .