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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Intended Meaning of *Atiyyah* in the Rulings on Its Contradiction of a Bequest

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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.
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.

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