What is the legal resolution when a terminally ill person gifts their entire wealth, and the recipient subsequently gifts a portion back to the original giver, with both parties having no other assets?
General Chapter
Al-Mughni
Book of Bequests
Primary text
The ruling is determined by iterative calculation involving multiplication and subtraction. If a sick person (the first giver) gifts their entire wealth of one hundred, and the recipient gifts it back to the first giver, with neither possessing other assets, the calculation involves multiplying the number of exchanges (three by three) and subtracting one share, leaving eight shares. The one hundred is divided by eight, resulting in twelve and a half per share. Then, one-third of the amount is taken (three shares are considered), one share is removed, leaving two shares, which belong to the first recipient (the original receiver of the hundred). This final amount constitutes one-fourth of the original hundred.
Supporting text
Alternatively, using algebraic calculation (al-jabr), if the first gift is validated, and the second gift is validated for one-third of the received item, the first recipient retains two-thirds of the item, and the giver is left with one hundred minus two-thirds of the item, equated to two shares. Solving for one share yields thirty-seven and a half. Therefore, twelve and a half returns to the giver, and twenty-five remains for the recipient.