Ihyaaud Deen An Effort to Revive Deen in Totality
1. The gifts, donations, etc. given by a person in his final illness (in the state of maradhul maut) will all be treated as bequests and will only be valid from one third of his estate. Hence, upon his demise, after paying for his burial expenses and settling his debts and liabilities, if it is found that the donations, gifts, etc., that he had given in his maradhul maut exceeded one third of his estate, then it will only be valid till one third. The remainder wealth that is over and above the one third should be returned to the estate.
2. It is not permissible for a person in his final illness (while in the state of maradhul maut) to gift any of his wealth to an heir. If he gifts something of his wealth to an heir, the gifting will not be valid. The gifted item will have to be returned to the estate so that upon the demise of the person, it will be distributed among his heirs with his other wealth according to the stipulated shares of inheritance.
