What is the ruling regarding the disposition of a person suffering from chronic or lingering illnesses (Amrad Mumtaddah)?
General Chapter
Al-Mughni
Book of Bequests
Primary text
Lingering illnesses, such as leprosy, quartan fever, advanced paralysis, early-stage tuberculosis, or intermittent fever, are categorized based on the patient's condition. If the illness confines the person to bed (sahib farash), their dispositions are restricted to one-third of their wealth. This view is held by Al-Awza'i, Al-Thawri, Malik, Abu Hanifa and his companions, and Abu Thawr. If the person is not confined to bed but can move about, their dispositions from all their wealth are valid. This distinction, which applies the one-third restriction only when the person becomes bedridden, is a realization of the main position in the school.
Supporting text
An alternative view held by Abu Bakr suggests that the disposition of one suffering from lingering illnesses should be from the principal wealth itself, not restricted to one-third, mirroring the ruling for extreme old age (haram) because imminent death is not feared, even if recovery is unlikely. This is the position of Al-Shafi'i.