The ruling on a gift to an heir during terminal illness

Question

Question: In “Mufid al-Warithin”, no. 50/(19), it says: “If during terminal illness (marad al-mawt) something is given by way of a present and gift to someone who is not an heir of the sick person, it will be ordered to be handed over to him immediately; but if the sick person died of that illness and it became known that it was the terminal illness, then its ruling is like that of a bequest (wasiyya).” End of quote. Why has the condition been set here that it is given to a non-heir?

Answer

(In the case of an heir there is also another thing that prevents taking back: his being a close unmarriageable relative (dhu rahm mahram), or the marital bond.) What is most likely and closest is that, since such a present during terminal illness is given the ruling of a bequest, and a bequest is not executed in favour of an heir — for “There is no bequest for an heir” (لا…

Source: Fatawa Mahmudiyya

Preview. The full text opens with JavaScript enabled.