whereas if he makes a payment or gives a pledge to someone whom he is suspected of favouring, it is not permissible. These rules apply, according to Ibn al-Qāsim, so long as the creditors have not consulted one another about having him declared insolvent. Asbagh said that his payments and pledges to unrelated parties are valid—even if the creditors have consulted about having him declared insolvent—provided they have not yet done so.

According to Mālik and Ibn al-Qāsim, whether he is healthy or ill makes no difference to the validity of his acknowledgment of a debt in favour of someone whom he is not suspected of favouring, or to his sales and purchases. This differs from his pledging property, paying some creditors rather than others, and acknowledging a debt in favour of someone whom he is suspected of favouring. According to Ibn al-Qāsim, these are not permissible during an illness if it is a life-threatening illness that restricts his right to dispose of his property. Asbagh also transmitted this from Ibn al-Qāsim, and it clarifies his statement in al-Mudawwana. Another scholar said that his payments are valid because his sales and purchases are valid; this is the opinion of someone other than Ibn al-Qāsim in al-Mudawwana.

As for a sick person’s acknowledgment of a debt when he has no existing debts, it is valid if he is not suspected of favouritism—for example, if he acknowledges a debt to an unrelated person while he has children. It is not valid if he is suspected of favouritism—for example, if he acknowledges a debt to an intimate friend while his heirs are collateral relatives. A husband’s acknowledgment during illness of a debt owed to his wife requires further distinction. As I understand it, following the approach of Mālik and his companions, his circumstances must fall into one of three categories:

First: he is known to favour her and to be deeply attached to her.

Second: he is known to feel hostility and hatred towards her.

Third: his feelings towards her and the state of their relationship are unknown.

If he is known to favour her and to be deeply attached to her, his acknowledgment in her favour is not valid unless the heirs approve it. If he is known to feel hatred and hostility towards her, his acknowledgment in her favour is valid and binding upon the heirs. If his feelings towards her—whether affection or hatred—are unknown, there are two possibilities: either he is inherited by collateral relatives, or he is inherited by children.

If he is inherited by collateral relatives, his acknowledgment in her favour is not valid. If he is inherited by children, those children must be female or male, young or grown, one or more, born to her or to