the property
only.
An acknowledgment
on a
deathbed is
valid in favour
o f a
perfon who
afterwards
becomes an
heir; but not
a bequejl or
i f r>
neither is an
acknowledgment
fo made
valid, i f the
principle of
inheritance
had exifted
in' the perfon
previous to
the deed.
to the circumftance of his deceafe, it takes effect to the extent of a
third of his property, whether, at the time, he be fick or in health.
If, on the contrary, a perfon make An acknowledgment of debt, fuch
acknowledgment is o f effedt to the whole extent of his property, not-
withftanding it be made during ficknefs, as this is not a gratuitous
deed. Still, however, a declaration of this nature, made in health,
precedes a declaration of the fame nature made in ficknefs. It is alfo
to be remarked, that a ficknefs of which a perfon afterwards recovers
is confidered, in l aw , as health *.
I f a fick perfon make an acknowledgment of debt in favour o f a
flrange woman, or make a bequeft in her favour, or bellow a gift
upon her, and afterwards marry her, and then die, the acknowledgment
is valid ; but the bequeft or gift is void; for the nullity of an
acknowledgment in favourof an heir depends on the perfon having been
an heir at the time of making it, whereas the nullity o f a bequeft in
favour of an heir depends on the legatee being fo at the time o f the
teftator’s death, as has been already explained; and as the woman was
not an heir at the time of the acknowledgment, but had become fo [by
marriage] at the time of the teftator’ s death, the acknowledgment is
therefore valid, but the bequeft is void; and lo likewife the gift, it being
fubjedt to the fame rule as the bequeft.
If a tick perfon make an acknowledgment of debt due by him to
his fon, or make a bequeft in his favour, or bellow a gift upon him,
at a time when the fon was a Chriftian, and he [the fon] afterwards,
previous to his father’ s death, become a Muffulman, all thofe deeds
of acknowledgment, gift, or bequeft, are void: the bequeft and the
gift, becaufe of the fon being an heir at the death of his father, as
above explained; and the acknowledgment, becaufe, although the
* T h is palTage has no place In the Arabic copy. It has been introduced in the Per-
fian verfion as a prcmifs neceffary to the completely underftanding of what follows.
foil,
fon, on account of the bar, (namely difference of religion,) was not
an heir at the time of making it, ftill the caufe of inheritance (namely
confanguinity) did then exill, which throws an imputation on
the father, as it ingenders a fufpicion that he may have made a fa lfe
declaration, in order to fecure the defcent of part of his fortune to his
fon. It is different in the cafe of marriage, as above Hated ; for there
the caufe of inheritance, (namely, marriage,) occurred pofterior to the
acknowledgment, and had no exiftence previous thereto ; for fuppof-
ing the marriage to have exifted at the period of making the acknowledgment,
and that the wife, being then a chriftian, fhould afterwards,
before the hufband’s death, become a Muffulman, in that cafe it
[the acknowledgment] would not be valid.
If a fick perfon make an acknowledgment of debt due by him to
his fon, who is an abfolute Have or Mokatib,— -or bellow a gift upon
him, or make a bequeft in his favour, and the fon fhould afterwards,
before the death of his father, obtain his liberty, in that cafe none of
thefe deeds are valid, becaufe of the reafons explained in the preceding
example. It is related, in the Mabfoot, under the head of Acknowledgments,
that “ the acknowledgment of a fick perfon in favour
“ of his fon who is a flave is valid, provided the Have be not in debt;
“ for in that cafe the acknowledgment is, in effedt, in favour o f the
“ mafter, who is a ftranger ; and an acknowledgment in favour o f a
“ ftranger is valid ;—whereas, i f the flave were involved in debt
“ his father’s acknowledgment in his favour would not be valid, as,
“ in fuch cafe it could not be conftrued to be in favourof the mafter,
“ fince an indebted flave is the proprietor of his own acquifitions.”_
The bequeß is, however, invalid, becaufe to eftablifh it regard mull
be paid to the time of the teftator’s death, and the fon is at that
time an heir, as being then free. With refpedl, indeed, to the g ift, it is
faid to be valid*, provided the Have be not indebted; becaufe a gift is
* Probably meaning “ in the Mabfoot
T t t
Such acknowledgment,
gift, or bequeft,
in favour
o f a fon,
being a flave,
who afterwards
becomes
free
previous to
the father’s
deceafe, is
neverthelefs
void.
V ol. IV . an