Is the sale conducted by a sick person equivalent to that of a healthy person?
General Chapter
Al-Mughni
Book of Preemption (Shuf'ah)
Primary text
The sale executed by a person suffering from a fatal illness is valid in terms of soundness, confirmation of preemption (Shuf'a), and all other legal rulings, provided the sale is for the equivalent market price. This opinion is held by Al-Shafi'i, Abu Yusuf, and Muhammad. The basis for this ruling is that the prohibition imposed on the sick person applies only to gratuitous transfer (تبرع) concerning their own rights, and it does not invalidate transactions in other areas, analogous to a non-heir receiving a gift that does not exceed one-third of the estate.
Supporting text
Abu Hanifa holds that the sale conducted by a person in the throes of a fatal illness to their heir is invalid because the seller is restricted regarding the heir's right, similar to a minor.