A grandmother-gifted a land to her grandchildren. Afterwards, she passed away, and later a child was born to one of her children (the grandchildren's parent). Does this newborn child have a share in the gift or not?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.

Hiba (gift) is the transfer of ownership of property during one's lifetime without any compensation. If a grandmother gifts land to her grandchildren, the fundamental principle is that the gift includes only those grandchildren who exist at the time of the gift and does not include grandchildren who are not yet born. Imam Sulaiman Al-Jamal, may Allah have mercy on him, said: "It is a voluntary transfer of ownership during life," implies the impossibility of a gift to a fetus, and this is clear because it is not possible to transfer ownership to it, nor can the guardian take possession on its behalf due to its non-existence' [Hashiyat Al-Jamal 'Ala Sharh Al-Manhaj/Vol.3/P.594]. In addition, Al-Imam Shaykh Zada Al-Hanafi, may Allah have mercy on him, says: "And a gift to it, meaning to a fetus, is not valid because acceptance is a condition for a gift, and this cannot be conceived from a fetus, nor does anyone have guardianship over it to take possession on its behalf." [Majma' Al-Anhur/Vol.2/P.693].

In conclusion, if the gift was completed and the land was registered in the names of the existing grandchildren, the gift becomes binding. Thus, the land belongs to those in whose names it was registered, and those who were not born before the gift became binding are not included with them. And Allah The Almighty Knows Best.