What is the ruling regarding preferential gifts given during the father's lifetime versus gifts given during his final illness?
General Chapter
Al-Mughni
Book of Gifts and Donations
Primary text
Gifts made by a father to some heirs during his final illness are treated as bequests (wasiyyah) and are only effective up to one-third of the estate if they benefit a non-heir, by scholarly consensus. The consensus among scholars whose knowledge I possess is that the ruling on gifts in a fatal illness follows the ruling of bequests. This is the view of the Medinians, Al-Shafi'i, and the Kufans.
Supporting text
If a father gives a gift to one son during health and then to another son during illness, Ahmad reserved judgment. One view suggests the illness-gift is invalid as it resembles a bequest to an heir, which is generally invalid. The second view suggests it is valid because equalization between the sons is obligatory, and this gift becomes the only way to achieve it, thus resembling the payment of a debt.