Those Who Say Charity and Zakah Are Not Valid Before Taking Possession

Hazrat Zuhri says that if a man gave one hundred dinars in charity to his son, and both were partners and the wealth was in front of the son, then this charity is not valid until he takes possession of it. The decision of Hazrat Abu Bakr and Hazrat Umar (may Allah be pleased with them) is that if he did not take possession, he will not receive anything.

Hazrat Umar (may Allah be pleased with him) says: What is the matter with people that they willingly give wealth to their children, but when one of them passes away, they say, "This is my wealth and it is in my possession." When he dies, he says, "I had given it to my son willingly." The wealth that is given willingly is only that over which the child or the father takes possession.

Hazrat Saeed narrates that a complaint was made to Hazrat Usman that a small child cannot take possession of property, so his opinion was that when the father gives a gift and bears witness, then the child takes possession.

Hazrat Usman says that charity is not valid without possession, except for the child who is with his parents; the possession of the parents is considered his possession.

Hazrat Sha'bi says that charity is not valid without possession.

It is narrated similarly through another chain of transmission.

Hazrat Shurayh says that charity does not take place without possession.

Hazrat Mu'adh and Hazrat Shurayh state that charity is not valid without possession, except for the child who is with his parents.

Hazrat Nazar bin Anas (may Allah be pleased with him) narrates that my father willingly gave me his house. Abu Burdah said to me that for the completion of charity, it is necessary that you take possession of it. Because Hazrat Umar (may Allah be pleased with him) ruled that if possession is taken of a gift given willingly, it becomes effective; otherwise, it goes into inheritance.

Hazrat Hakam and Hazrat Hammad say that charity does not take place without possession.

Ibrahim says that when the giving of charity is known, it becomes effective even if possession has not been taken. If the recipient says that such-and-such place is my house or such-and-such is my slave, then it has become his, even if he does not take possession.

Hazrat Ali (may Allah be pleased with him) and Hazrat Abdullah say that when there is knowledge of charity, it is permissible even if possession has not taken place.

Hazrat Aisha (may Allah be pleased with her) narrates that Hazrat Abu Bakr (may Allah be pleased with him) gave me a gift of twenty wasq. When his demise approached, he said that it would have been better if you had taken possession of it, because now it has become the property of the heirs.

Hazrat Ibn Masood (may Allah be pleased with him) says that when the knowledge of charity (sadaqah) is established, ownership is confirmed whether possession has taken place or not.

Hazrat Ibn Abbas (may Allah be pleased with both of them) says that charity is not established until possession is taken.

Ibrahim says that charity is valid even without taking possession.

Hazrat Ibn Abbas (may Allah be pleased with both of them) says that charity does not take effect without possession.