The Intended Meaning of *Atiyyah* in the Rulings on Its Contradiction of a Bequest
Machine translationRead the Arabic original
The questioner:
In the name of Allah, the Most Gracious, the Most Merciful. The author (may Allah have mercy on him) said: “The *atiyyah* (gift) differs from a bequest in four rulings.” Is the intended meaning the *atiyyah* in the state of the disliked illness, i.e., the gift of the sick person?
The Shaykh:
No, the *atiyyah* in the state of a dangerous illness is not valid and is not executed. The intended meaning is the *atiyyah* in the state of health. The *atiyyah* of the healthy person, which is given in a state of health, is what is intended. As for the one given in a state of illness, it is not valid and has no standing. Yes.
The questioner:
Does this indicate the author’s statement in the second condition that the *atiyyah* is considered by its acceptance or rejection at the time of its existence, like the *atiyyah* of the healthy person? And he also said in the third condition that it resembles the gift of the healthy person?
The Shaykh:
The intended meaning is the *atiyyah* of the healthy person. As for the *atiyyah* of the person suffering from a dangerous illness, it has no standing and is not valid. Yes.
In the name of Allah, the Most Gracious, the Most Merciful. The author (may Allah have mercy on him) said: “The *atiyyah* (gift) differs from a bequest in four rulings.” Is the intended meaning the *atiyyah* in the state of the disliked illness, i.e., the gift of the sick person?
The Shaykh:
No, the *atiyyah* in the state of a dangerous illness is not valid and is not executed. The intended meaning is the *atiyyah* in the state of health. The *atiyyah* of the healthy person, which is given in a state of health, is what is intended. As for the one given in a state of illness, it is not valid and has no standing. Yes.
The questioner:
Does this indicate the author’s statement in the second condition that the *atiyyah* is considered by its acceptance or rejection at the time of its existence, like the *atiyyah* of the healthy person? And he also said in the third condition that it resembles the gift of the healthy person?
The Shaykh:
The intended meaning is the *atiyyah* of the healthy person. As for the *atiyyah* of the person suffering from a dangerous illness, it has no standing and is not valid. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 34 من 89|شرح العدة في شرح العمدة|كتاب الوقف|باب عطية المريض|صالح الفوزان|الفقه|كبار العلماء — youtube.com (1:02:37)
The Arabic text is a machine transcription of the audio recording.
