What is the general validity of acknowledging a debt to a non-relative during terminal illness compared to health?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The acknowledgment of a debt to a non-relative during terminal illness is valid if the acknowledgment would have been valid during a state of health. This is supported by Shurayh, Abu Hashim, Ibn Udhaynah, Al-Nakh'i, Yahya Al-Ansari, Abu Hanifa and his companions, and is narrated from Al-Qasim and Salim. Atta, Al-Hasan, Ishaq, and Abu Thawr hold that acceptance is proper because whatever is validly acknowledged during health remains valid during illness, as is the case with a non-relative.
Supporting text
Al-Shafi'i holds two conflicting opinions corresponding to the two primary legal schools of thought (mentioned above). Malik states it is valid if the person is not suspected, but invalid if they are suspected of impropriety.