What are the conditions for a patient's disposition to be considered a gift made during the illness of death (Marad al-Mawt)?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 1 · Bab 1

Open in Qurani

Primary text

Two conditions must be met for a disposition made by a sick person to be judged under the rulings of the illness of death. First, the illness must be connected to the person's death, meaning if the person recovers from that illness and then dies later from another cause, their gift is judged as that of a healthy person. Second, the illness must be fear-inducing (mukheef). The classifications of illnesses determine the ruling on the disposition. The rulings apply to disposition made from the estate.