If a father falls ill with an illness from which death is feared, and he distributes his estate among his children for fear that some of them will wrong others, is that permissible for him?

The questioner : And if the gift is made during the signs of death or the illness of death, is the ruling the same?

The Shaykh : No, if it is during the illness of death, just as his bequest is not valid, so his gift is not valid!

The questioner : He is in possession of his property during the illness of death. This is a specific case; I was asked about it a few days ago. He knows that his children will wrong each other and that they are far from religion. He has a young, committed son. He asks, saying: "We gave our brothers and sisters an equal share in our land and buildings, and this was shortly before his death. He knew he was on the brink of death, meaning he had an illness, perhaps a serious one or something of that sort, and he had... His life, by all outward signs, was short. So he asks about the ruling. He asks on behalf of his sisters: Is what they were given their share, or is it half their share, or do they have no share in it? He asks about this."

The Shaykh : Here, the case is looked at from another angle than what we said about the illness of death, because when the jurists mention the illness of death, they mean that his mind is not sound in its judgment...

The questioner : He is of sound mind, outwardly.

The Shaykh : Allow me. This is what I want to get to. It may be said regarding a specific person, and the doctor is present: he is sick and has been sentenced to death, but his mind is sound. If that is the case, even if he is suffering from the illness of death, then it is as if he were not sick. His gift and his bequest would be valid. But the matter, as you mentioned just now, appears to be a circumvention of the Shari'ah ruling, which is inheritance. So he divided his inheritance while still alive, under one pretext or another, so that they would not differ, or so that some would not wrong others, or something similar. If the matter is a circumvention, then it is not executed, or this gift is not valid, because he executed the inheritance while still alive. Is that clear?

The questioner : Is that clear?

Another questioner : If he divided it in the correct, lawful manner, and he was afraid that the children would not divide it correctly, then of course it is valid, because it is like inheritance.

The Shaykh : Meaning, he gave the male the share of two females?

Another questioner: Yes.

The Shaykh : This is so that it can be said that it is also necessary to present to the Shari'ah court a statement regarding the reality of this deceased person. If the fatwa or the court ruling agrees with his division, as I said.

Another questioner : What is meant by the court? Do they look at what he has?

The Shaykh : Yes. What he has, what he left behind... Yes.