A gift made during terminal illness

Question

Question: What do the scholars of religion say on the following matter: Zayd, during his final illness, gifted some shares that he owned in a limited company to some of his heirs; a few days later Zayd died in that same illness. Now I ask in terms of the Shariʿa: is Zayd’s gifting to some heirs during his final illness valid or not? Please explain and be rewarded.

Answer

A gift during terminal illness has the status of a bequest (wasiyya). So if someone makes a gift during terminal illness and gives the donee possession (qabd) — and if the undivided property (mushaʿ) is capable of division, he divides it and gives possession — and after that he dies, it will be executed within one third.

Source: Fatawa Mahmudiyya

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