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سنن دارمي
Darimi
من كتاب الوصاياFrom the Book of Wills
باب وَصِيَّةِ الْمَرِيضِ:Chapter on the will of a sick person
Hadith 3249
اُردوEn
حَدَّثَنَا أَبُو الْوَلِيدِ، حَدَّثَنَا شَرِيكٌ، عَنْ الشَّيْبَانِيِّ، عَنْ عَامِرٍ، قَالَ: "يَجُوزُ بَيْعُ الْمَرِيضِ وَشِرَاؤُهُ وَنِكَاحُهُ، وَلَا يَكُونُ مِنَ الثُّلُثِ".
It is narrated from Aamir (Sha'bi, may Allah have mercy on him), he said: It is permissible for a sick person to buy and sell and to marry, and this will not be counted from the one-third.
Brief Explanation
(Commentary on Hadith 3248)
It is a condition for the sick person that, at the time of making a bequest (wasiyyah), he possesses intellect and full consciousness, and that he is the owner of that which he is bequeathing. After making the bequest, the sick person may also engage in buying and selling, as well as marriage and divorce. Furthermore, he may only make a bequest from up to one third (thulth) of his wealth, not more than that.
It is a condition for the sick person that, at the time of making a bequest (wasiyyah), he possesses intellect and full consciousness, and that he is the owner of that which he is bequeathing. After making the bequest, the sick person may also engage in buying and selling, as well as marriage and divorce. Furthermore, he may only make a bequest from up to one third (thulth) of his wealth, not more than that.
