Q: I would like clarification on the following points:
1. Is it necessary to ask regarding ownership of gifts when a baby is born?
2. As far as I know and understand, if a gift is given to the child themself, it cannot be used for other siblings or given away when old but has to be kept until they can decide what they want to do with it, is this correct?
3. In my situation, I tried to explain the above to my in-laws when they gifted a cot, asked them to clarify whether it belongs to my husband or the child (who was not yet even born). I explained also why and how it affects in future. But they insisted they want to gift it to the child not my husband but they want us to use it for our future kids. Mentioned that in their days that's how it was understood and money or jewellery was kept only for the child themselves.
Seeing as they weren't understanding we didn't push the issue but they mentioned clearly that it belongs to him so we decided we'll cover the cost so it belongs to my husband and that way we can use for our future kids or give away when old.
Now when the baby is born they gave clothing as gifts and when I enquired as to who it belongs to, they replied that it's his and if we don't want can return and keep money for him but we can use for future kids.
Do I take that to basically mean that it's his and we'll have to replace his things in order to use for other children or give away? I don't wish to mention anything further as that may irritate them.
4. Is it permissible/possible to gift an item to an unborn child?
A:
1. Generally on the occasion when a child is born, money, gifts, etc. are given for the child. Hence, these gifts will belong to the child.
2-3. It is not permissible for the parents to give the old clothing of the child away without compensating the child with it's monetary value. One easy solution in this situation is that at the time of purchasing things for the child, the parents should make the intention that the purchased items (which are equivalent in value or more than the old clothing) are in lieu of the child's old clothing which they had given away. Similarly, this can be done if they wish to give the old clothing to their other children to use.
4. A gift given to the parents for their expected newborn child will belong to the parents.
And Allah Ta'ala (الله تعالى) knows best.
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