His statement: “Even if he acknowledges that he had irrevocably divorced her while in good health, her right of inheritance is not forfeited.” The subject of “acknowledges” is the terminally ill person, for he said: “Whoever makes an acknowledgement during his illness.” That is, if the ill man acknowledges to his wife that he had irrevocably separated from her while in good health—that is, before falling ill. Irrevocable separation means that he parted from her in a manner that renders the separation final: either through three divorces—that is, the final of three pronouncements of divorce—or through annulment, or otherwise.

The author says: “Her right of inheritance is not forfeited,” because he is suspected of ulterior motive. Rather, her inheritance from his estate remains intact unless she confirms his statement. This is clear, since he is suspected: this man has acknowledged that he irrevocably divorced his wife before becoming ill in order to deprive her of inheritance. We say: this acknowledgement is not accepted, because he is suspected of intending to deprive her. Just as her right of inheritance would not be forfeited if he were to divorce her irrevocably in this state, likewise it is not forfeited if he acknowledges that he irrevocably divorced her while in good health. But if he produces evidence, or if she confirms what the husband has acknowledged, then her right of inheritance is forfeited.

His statement: “If he acknowledges something in favour of an heir who, at the time of death, becomes a non-heir, his acknowledgement is not binding—though it is not void.” The subject of “acknowledges” is the person suffering from a grave terminal illness. Thus, if he makes an acknowledgement in favour of an heir who becomes, at the time of death, a non-heir—that is, someone who does not inherit—his acknowledgement is not binding, based on his status at the time of the acknowledgement, rather than at the time of death.

For example, a man dies leaving behind a wife, a full paternal uncle, and a mother. The wife receives one-quarter, the mother one-third, and the remainder goes to the full paternal uncle. This ill man acknowledges that he owes some property to his full paternal uncle. Then his mother gives birth to a full brother for this ill man, and the ill man subsequently dies after his full brother has been born. The one who inherits from him as a residuary heir