Verbally Saying that you are Giving a Gift Without Actually Giving
Under shariah law If you own an asset that is in possession of some person and in their absence in front of a witness you express your intention verbally that you have transferred ownership of your asset to the person who is in possession of your asset currently. However before the intended giftee comes to know about the offer it is revoked by the original owner so that asset remains his, as it was before and the witness is also told not to inform the third person. Will it be effective or ownership of asset has already been transferred ?
Wa ʿAlaykumus Salām Wa Raḥmatullāhī Wa Barakātuh
In principle, a gift is valid and transfer of ownership occurs with the fulfillment of the following three conditions:
- An offer from the donor to the donee.
- An acceptance of the gift from the donee.
- For the donee to take possession of the gifted item or asset.
In the enquired scenario, since the first and second condition were not fulfilled, the gift will not be valid and transfer of ownership to the intended donee would not occur.
الهبة تصح بالإيجاب و القبول و القبض (الهداية 5/486 دار السراج)