Anyone in whose town the plague breaks out, and any woman seized by labor pains: any voluntary gift he or she makes to an heir, or any gift exceeding one-third, is not binding unless the heirs approve it, if the person dies from that condition. If, however, he or she recovers, then the ruling is that of a healthy person.
His statement, “Anyone in whose town the plague breaks out,” means that he is like one suffering from a life-threatening illness, because death may be expected at any moment. For when the plague—may Allah protect us and the Muslims from it—breaks out in a land, it spreads rapidly. Nevertheless, whomever Allah wills to save may survive it. Yet the basic case is that it spreads; thus, everyone in the town where the plague has broken out expects to contract it overnight. In terms of despairing of survival, there is no difference between him and one who has already contracted the illness. Therefore, his gifts are subject to the ruling of gifts made by a person suffering from a life-threatening illness.
It has been said that plague is a particular kind of illness that leads to death; and it has also been said that plague refers to every widespread, lethal disease, such as cholera. It is known that when cholera breaks out in a land, it spreads rapidly, as does meningitis and other diseases known to physicians—many of which are unknown to us. Thus, concerning illnesses that spread rapidly and lead to death, it may properly be said that they are plague either literally or by legal analogy. However, what appears from the sunnah is contrary to this, for the Messenger ﷺ enumerated the martyrs and said: “The one who dies of plague and the one who dies of an abdominal illness” (1). This indicates that one afflicted by an abdominal ailment is distinct from one afflicted by plague. The person suffering from an abdominal illness is one whose bowels have become loose. In short, the gifts of a healthy person living in a town where plague has broken out are restricted to one-third.
With regard to plague: may a person leave a town when it breaks out there? The Prophet ﷺ said: “Do not leave it”—that is, the town in which it has broken out—