What is the ruling on a person acknowledging a debt to a relative during their terminal illness?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
The acknowledgment of debt to a relative during terminal illness is generally invalid because it constitutes transferring wealth to an heir through a declaration made during the patient's final illness, which is invalid without the consent of the other heirs, similar to a gift. Furthermore, the person is considered legally restricted (*mahjur*) concerning the heir's rights, rendering the admission invalid, analogous to a minor's legal status concerning all people. This differs from acknowledging a non-relative, whose gift is valid.
Supporting text
The view of Malik suggests that acknowledgment to a relative is valid if the person is not suspected of impropriety, and invalid if suspicion exists. He gives the example that acknowledging a daughter is rejected, but acknowledging a cousin is accepted because the motivation to favor the daughter over the cousin is not equally suspected. However, this distinction based on suspicion itself is rejected, as suspicion must be inferred from its common indication, which is inheritance, just as it is considered in bequests and gifts.