An oral gift without taking possession is not valid

Question

Question: A husband left some money with someone as a trust (amana), so that Hinda would not spend it herself or give it to her parents. Hinda used to say: “I will take it.” The husband said: “Take it,” but did not give it to her. Will this money also be counted as part of the estate (tarika) or not?

Answer

By the husband’s saying “Take it”, that money did not become Hinda’s property. Had the husband taken the money from that person and given it to Hinda, and had Hinda taken possession (qabd) of it, it would have become Hinda’s. Therefore that money belongs to the husband.

Source: Fatawa Mahmudiyya

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