What is the ruling on a sale involving a concession (Mahabah) made by a sick person to an heir?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
If a concession (Mahabah) is made in a sale by a sick person to an heir, the concession itself is void because it is considered a bequest (Wasiyyah) made during the illness, and bequests to heirs are impermissible. The sale is void concerning the portion of the item corresponding to the Mahabah. There are three views on whether the sale remains valid for the remainder.
Supporting text
The first view states the entire sale is void because the buyer paid the price for the entire item, and the price cannot be split up for a portion, similar to splitting a contract. The second view states the sale is void regarding the Mahabah portion, but valid for what the specified price covers, giving the buyer the option to proceed or rescind due to the fractured contract; the preemption claimant (Shafi') may claim the valid portion. The third view states the sale is valid for the entire item, contingent upon the heirs' ratification, as the bequest to an heir becomes valid upon ratification in the sounder narration. If ratified, the sale is fully valid; if rejected, the sale is void regarding the Mahabah portion. The preemption claimant cannot claim before ratification or rejection because the heirs' right is connected to the sold item.