What is the legal status of gifts made by a person suffering from an illness where death is feared, such as those mentioned in the fourth category?

General Chapter

Al-Mughni

Book of Bequests

Book 31 · Issue 7 · Bab 1

Open in Qurani

Primary text

Dispositions made by a person suffering from an illness in the fourth category (fear-inducing but not certainly fatal) are valid and taken from one-third of the estate. Evidence for this is the incident involving Umar ibn Al-Khattab, whose physician advised him to make his will after blood drained from his wound, and the companions accepted his bequest. Similarly, Abu Bakr's designation of Umar as his successor was implemented when his illness intensified.

Supporting text

Malik and Ishaq hold that the disposition is restricted to one-third if the illness is burdensome. Ibn Al-Mundhir narrated this from Ahmad.