The ruling on a gift made by a person who is ill with a terminal illness to his wife
Machine translationRead the Arabic original
The questioner:
This questioner, may Allah protect you, says: A man was afflicted with cancer and also a blood clot, and he passed away, may Allah have mercy on him. Before his death, he had gifted his wife two properties from his assets, and he was of sound mind. He transferred them to her ownership. He asks: What is the ruling on this gift, given that there are other properties belonging to the heirs, the sons and daughters, as well as the wife?
The Shaykh:
It is necessary to prove this gift with the testimony of two just witnesses before the judge. So, one returns to the judge and presents the witnesses to him, and the judge looks into it, on the condition that she also took possession of it before he died. She must have taken possession of the gift and taken control of it before he died. As for if he died and she did not take possession of it, she has no right to it. Yes.
The questioner:
May Allah reward you. Is this illness that he is suffering from considered a terminal illness, and would that perhaps invalidate this gift?
The Shaykh:
The questioner says: If he is in his full capacity to dispose of his property, but it is during the time of a dangerous illness of death, then he has no right to make a gift, and he has no right to acknowledge anything. Yes.
This questioner, may Allah protect you, says: A man was afflicted with cancer and also a blood clot, and he passed away, may Allah have mercy on him. Before his death, he had gifted his wife two properties from his assets, and he was of sound mind. He transferred them to her ownership. He asks: What is the ruling on this gift, given that there are other properties belonging to the heirs, the sons and daughters, as well as the wife?
The Shaykh:
It is necessary to prove this gift with the testimony of two just witnesses before the judge. So, one returns to the judge and presents the witnesses to him, and the judge looks into it, on the condition that she also took possession of it before he died. She must have taken possession of the gift and taken control of it before he died. As for if he died and she did not take possession of it, she has no right to it. Yes.
The questioner:
May Allah reward you. Is this illness that he is suffering from considered a terminal illness, and would that perhaps invalidate this gift?
The Shaykh:
The questioner says: If he is in his full capacity to dispose of his property, but it is during the time of a dangerous illness of death, then he has no right to make a gift, and he has no right to acknowledge anything. Yes.
Source
نور على الدرب - الفوزان - 03/205 — archive.org (5:08)
The Arabic text is a machine transcription of the audio recording.
