Takhliyah in a gift
Category:
Business Dealings & Money Matters
According to Madhhab:
Hanafi
Reference:
1440-174
Question:
Zaid tells Amr that i goft this watch to you. Zaid then places the watch in front of Amr in such a manner that Amr is able to take possession of the watch and says' "Here, take this".
Will this make Amr the owner of the watch if he doesn't pick it up and leaves the place?
Explain the concept of Takhliyah.
Answer:
Amr will be regarded as the owner of the watch. Hiba will take place due to Qabdh (taking possession) been found. Takhliyah is regarded as Qabdh in the chapter of Hiba. (Shaami Vol. 5 Pg. 292)
The concept of Takhliyah is:
The giver (owner) places the item in such a way that the receiver can take possession of the item, and there is no obstacle preventing him from taking the object. (Durarul Hukkaam Vol. 7 Pg. 352)
AND ALLAH TA'AALA ALONE IN HIS INFINITE KNOWLEDGE KNOWS BEST
ANSWERED BY: Zaid Bhikhoo
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B.
Islamic Date:25 Rabi'ul Akhir 1440 English Date: 2 January 2019