The Book of Acknowledgements

An acknowledgement is valid when made by a legally accountable person who acts voluntarily and is not under legal interdiction. It is not valid when made under compulsion. However, if someone is compelled to weigh out a sum of money and consequently sells property of his in order to do so, the sale is valid. Whoever acknowledges something during his terminal illness, it is treated like his acknowledgement made while in good health, except for his acknowledgement of property in favour of an heir, which is not accepted. If he acknowledges a marriage dower owing to his wife, she is entitled to the customary dower by virtue of the marriage itself, not by virtue of his acknowledgement. …………

His statement: “Acknowledgement”: This is the verbal noun of aqrara—“to acknowledge.” It means a person’s admission that another person has a financial, bodily, or other right against him. Although acknowledgement is related to sales and other matters, the author deferred discussing it out of the hopeful expectation that his work might conclude with the acknowledgement of tawhid (Allah’s oneness). Many jurists have followed this approach. Some, however, concluded their books of jurisprudence with the Book of Emancipation, hoping that Allah Most High would emancipate them from the Fire. Each approach has its basis, but acknowledgement is more complete, because whoever’s last words in this world are: “There is no god but Allah,” will enter Paradise (1). Thus, whoever’s last words are an acknowledgement of tawhid will enter Paradise. Entering Paradise is more significant than being emancipated from the Fire, even though emancipation from the Fire necessarily entails entering Paradise.

Acknowledgement has conditions, to which the author alluded in his statement:

“It is valid when made by a legally accountable person.” This is the first condition: it is valid only from one who is legally accountable, namely, an adult of sound mind. Thus, an insane person’s acknowledgement is invalid, whether he acknowledges property, a contract, a divorce, or anything else, because his statement carries no legal effect, as it is made without intent. Likewise, a minor’s acknowledgement is invalid because he is not legally accountable—except regarding matters in which his disposition is valid, in which case his acknowledgement is valid and he is held accountable for it. The governing principle concerning a minor’s acknowledgement is that whatever he may validly initiate, he may also validly acknowledge.