What is the ruling on the disposition of a person whose death is certainly imminent due to their condition?
General Chapter
Al-Mughni
Book of Bequests
Primary text
If the person’s death is certainly imminent, the ruling depends on their mental state. If their intellect is impaired, such as by severe injury like disembowelment or evisceration, their words and dispositions have no legal effect because they lack a stable mind. However, if their mind remains sound, such as when the intestines are pierced or the illness severely intensifies without cognitive impairment, their transaction or gift is valid, and the gift is taken from one-third of the estate. This is supported by the precedent of Umar ibn Al-Khattab, whose bequest was accepted after his intestines were pierced, and Ali ibn Abi Talib, whose commands were honored after being struck.