Seadet-i Ebediyye - Endless Bliss Fifth Fascicle

(or her) preference is quite unencumbered by the other inheritors’
consent.” A person who senses that the inheritance he is to leave
behind will not be dealt out compatibly with his wish may deal out
all of it by giving presents in amounts at will.
Article 1600–During his maradh-i-mawt, his declarations of
buying, selling and present-making are contingent on the
inheritors’ affirmation, claim as he may that he made them as he
was healthy.
Article 1601–During his maradh-i-mawt, his stating that he
gave an ’ayn or a deyn to someone other than his inheritors or that
he received these things from them, is acceptable. His presents to
those people, however, will be given if their value is below onethird
of the property he leaves behind.
Article 1604–During his maradh-i-mawt, he cannot violate
others’ rights by paying his debt to one of his creditors. He can,
however, pay the debts that he went into during his illness.
Article 393–If he sells something to one of his inheritors during
his maradh-i-mawt, the sale will be revoked if his inheritors refuse
it after his death. It is bâtil for him to bequeath property to one of
his inheritors.
Article 394–It is sahîh and permissible for a person in his
maradh-i-mawt to sell something for (a price called) themen-imithl
[1] to someone who will not inherit from him. If he has sold it
for a price below the themen-i-mithl, and if the amount of its
deficiency from the themen-i-mith is more than one-third the
themen-i-mithl, the person who has bought it will have to give the
difference from two-thirds of the themen-i-mithl to the inheritors
or, in case the invalid’s debts have not been adequately paid, the
difference from the (entire) themen-i-mithl to the creditor(s). If he
refuses to do so, the sale will be void.
It is written as follows in the book entitled Mejmû’a-i-jedîda:
“If a healthy person gives his property as a present to one of his
inheritors, the other inheritors cannot abrogate it after his death.
Night and day my tongue sends salât-u-salâm
To your blessed soul, o you the Fakhr-i-enâm!
[1] Themen-i-mithl is the market value of something. It is the value
attributed to it by cognizant customers or connoisseurs of market
prices.
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