When Does Ownership Takes Place?

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Umm Abed

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If someone gives me a gift through third party and it hasnt reached me yet, can I offer the same to anyone else even though I havent taken possession of it as yet?

Your guidance will be appreciated, [MENTION=17027]Huzaifah[/MENTION] ibn Adam.

:jz:
 
It is little bit complicated. I think you give gift by your own is much better than by a third party.
 
It's the sender's property until the receiver has taken and accepted possession, the person sent with the item is a holder of amaanah (trust safekeeper) answerable Allah and to the sender.
item sent must be halaal obviously.

See also:

https://islamqa.info/en/169750
 
Last edited:
Abz2000 said:
It's the sender's property until the receiver has taken and accepted possession, the person sent with the item is a holder of amaanah (trust safekeeper) answerable Allah and to the sender.
item sent must be halaal obviously.

See also:

https://islamqa.info/en/169750
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Actually it's depend on for which party the third party work. If the third party hold amanah from the first party to send the goods to the second party, the goods ownership and responsibility still takes place on the first party before the second party receive the goods. However, if the third party work for the second party which he hold amanah to take the goods from the first party, then when the first party give the goods to the third party, the ownership and responsibility turn to the second party.
 
Not sure if these rulings apply to gifts also, or is it for business transactions and gifts as well?

What about verbal acknowledgements over the phone, for example?

:jz: for the replies.
 
If it is something you are not obligated to give, why would you need to make a promise to give it?
And why would you seek fatwa on it?
 
Umm Abed said:
Not sure if these rulings apply to gifts also, or is it for business transactions and gifts as well?
Click to expand...
The difference between trading (business) and grant (free giving) is, in trading the first party get compensation (payment) for the goods/service that he give to the second party. While in grant like when the first party give a gift to the second party, the first party doesn't get compensation. But the rule of ownership is same.

What about verbal acknowledgements over the phone, for example?
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If the goods is still held by the first party, then the verbal acknowledgements over the phone is considered as still a promise. The ownership still hasn't really takes place on the second party. Different than if the second party already hold the goods when the first party tell it on phone. In example, you borrow dinner set from your friend, then your friend tell you on phone "Umm Abed, you don't have to return the dinner set to me because I give that for you". In this case, the dinner set ownership instantly turn to you.

:jz: for the replies.
Click to expand...
Wa Iyyaki.
 
Thanks for the detailed explanation, said like a real businessman [MENTION=21546]ardianto[/MENTION]. :)
[MENTION=4566]AbZ[/MENTION], its not about making a promise to give - its just about re-gifting it to someone else, yeah.
 

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