Does a gift made during a life-threatening illness take precedence over a bequest?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The gift made during illness takes precedence over the bequest. This is the view of Al-Shafi'i and the majority of scholars, including Abu Hanifa, Abu Yusuf, and Zufar. The exception is manumission (freedom of a slave), for which precedence is attributed to it because the right of Allah is attached to it, its execution is continuous, and it involves the property rights of others, thus necessitating its priority.
Supporting text
The rationale for precedence is that the gift during illness is irrevocable upon the sick person, similar to a gift made during health. Additionally, since it is a gift involving realized value (fruit/benefit), it is prioritized over manumission, similar to a charitable gift.