Answered by Shaykh Yūsuf Badāt
Question:
Under Islamic law, is it true that if a man gives the file of his property to someone and verbally says to that person under oral hibā (gift giving), that by giving his file to him he has become owner of his property without signing the transfer papers. Is it true that in this case the one given the file to, will become the owner of the property even though transfer ownership papers were not signed? The only thing that happened was the file was handed over and the person was told, “This property is a gift from me to you.”?
Answer:
بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم
In the name of Allāh, Most Gracious, Most Merciful.
Jazāk Allāh Khayr/ Thank you for contacting Mathābah Institute.
Islamicaly, transactions do formalize when rendered orally.
In the described situation, once the gift giving takes place orally, the one whom the gift was given to becomes the owner, upon accepting, even though there may be a delay in completing the signing of transfer ownership documents. – (See: Al-Bināyah, Vol 10, Page 160, Dār Al-Kutub Al-‘Ilmiyyah)[1]
“Give gifts to one another, you will love one another.” – (Muwaṭṭā 1651)[2]
Only Allāh knows best.
[1] وتصح أي الهبة (بالإيجاب) كقوله وهبت ونحوه هذا بمجرده في حق الواهب (والقبول) كقوله قبلت (والقبض) بالجر أي وبالقبض فلا يتم في حق الموهوب له إلا بالقبول والقبض – كتاب البناية شرح الهداية ج١٠ / ص١٦٠
[2] وَتَهَادَوْا تَحَابُّوا – مؤطا ١٦٥١
