What is the validity of a sick person's acknowledgment (bequest) made to someone who is not an heir, during their terminal illness?
General Chapter
Al-Mughni
Book of Acknowledgment of Rights
Primary text
This is the apparent view of the school and the position of most scholars. Ibn al-Mundhir reported that all scholars whose views we know agree that a sick person's acknowledgment to a non-heir during their terminal illness is valid. This is because the acknowledgment is not considered suspect, as the state of illness often prompts a person to be more cautious regarding their obligations and to seek truthfulness, making acceptance of the acknowledgment more appropriate, similar to acknowledgment during health.
Supporting text
Another narration among our scholars suggests it is not accepted because it is an acknowledgment made during death illness, resembling acknowledgment made to an heir. Abu Al-Khattab has another narration suggesting it is not accepted beyond one-third, as the sick person is forbidden from gifting that amount to a non-heir, just as they are forbidden from gifting to an heir, thus they cannot validly acknowledge what they cannot gift, unlike the one-third or less. The acknowledgment to an heir is differentiated because the heir is suspected of undue influence.