Endowments in Health and in the Illness of Death
Machine translationRead the Arabic original
The questioner:
If one endows a house on a piece of paper.
The Shaykh:
If it is an immediate endowment made in health, then it is outside the scope of the will, whether it is for Zayd or 'Amr; it is a valid, immediate endowment that is not subject to the will. However, if it is made during the illness of death, then its ruling is that of a bequest. Only one-third of it is executed. Endowments made during the illness of death are like bequests; only one-third is taken from them, unless the heirs consent. If they consent to its full execution while they are in a state of guidance, then it is fully executed, and there is no harm in that. It is recommended, as it is charity and maintaining family ties. We are wrong in our promise. One who anticipates the verse... The bequest is prescribed because it is charity and maintaining family ties.
If one endows a house on a piece of paper.
The Shaykh:
If it is an immediate endowment made in health, then it is outside the scope of the will, whether it is for Zayd or 'Amr; it is a valid, immediate endowment that is not subject to the will. However, if it is made during the illness of death, then its ruling is that of a bequest. Only one-third of it is executed. Endowments made during the illness of death are like bequests; only one-third is taken from them, unless the heirs consent. If they consent to its full execution while they are in a state of guidance, then it is fully executed, and there is no harm in that. It is recommended, as it is charity and maintaining family ties. We are wrong in our promise. One who anticipates the verse... The bequest is prescribed because it is charity and maintaining family ties.
Source
شرح الفوائد الجلية في المباحث الفرضية، مقدمة عن تأليف هذه الرسالة - مقدمة في ذكر بعض ما ورد في فضل علم الفرائض - موضوع بحث علم الفرائض - ثمرته - حكمه - أركان الإرث - شروطه -أسباب الميراث - موانع الإرث - الوارثون من الرجال - الوارث — islamhouse.com (19:17)
The Arabic text is a machine transcription of the audio recording.