اقرار مريض مشرف به موت از ديدگاه فقه و حقوق

the possessions of an ill person who is on the verge of death

آﻧﭽﻪ در ﺑﺤﺚ اﻗﺮار ﻣﺮﯾﺾ ﻣﺸﺮف ﺑﻪ ﻣﻮت ﺑﺎﯾﺪ ﺑﺪاﻧﯿﻢ اﯾﻦ اﺳﺖ ﮐﻪ اﻗﺮار ﺷﺨﺺ ﺳﺎﻟﻢ ﺑﺮ دﯾﻦ و اﻣﻮاﻟﺶ ﺻﺤﯿﺢ و از اﺻﻞ ﻧﺎﻓﺬ ﻣﯽﺑﺎﺷﺪ و در اﯾﻦ ﻣﻮﺿﻮع اﺧﺘﻼﻓﯽ وﺟﻮد ﻧﺪارد، اﻣﺎ ﺑﺤﺚ ﻣﺎ و ﺳﺆال اﺻﻠﯽ ﮐﻪ اﯾﻦ ﻣﻘﺎﻟﻪ در ﺻﺪد رﻓﻊ آن ﻣﯽﺑﺎﺷﯿﻢ اﯾﻦ اﺳﺖ ﮐﻪ آﯾﺎ اﻗﺮار ﻣﺮﯾﺾ ﻣﺸﺮف ﺑﻪ ﻣﻮت ﺟﺎﯾﺰ اﺳﺖ؟ ﺑﺪﯾﻦ ﺻﻮرت اﺳﺖ ﮐﻪ اﮔﺮ ﺷﺨﺼﯽ ﮐﻪ در ﻣﺮض ﻣﻮت ﺑﻪ دﯾﻨﯽ ﯾﺎ ﻣﺎﻟﯽ ﺑﺮاي وارﺛﯽ اﻗﺮار ﮐﻨﺪ؛ ﯾﺎ درﺑﺎره ﺷﺨﺼﯽ ﮐﻪ در ﻫﻨﮕﺎم ﻣﺮﯾﻀﯽ رو ﺑﻪ ﻣﻮت ﺑﺮاي ﺑﻌﻀﯽ از ورﺛﻪاش ،اﻗﺮار ﮐﻨﺪ ﮐﻪ دﯾﻨﯽ ﺑﺮ ﻋﻬﺪه اوﺳﺖ ﭘﺮداﺧﺘﻪ و ﺣﮑﻢ اﻗﺮار ﭼﻨﯿﻦ ﺷﺨﺼﯽ را ﺑﺎ ادﻟﻪ در اﯾﻦ ﻣﻘﺎﻟﻪ ﺑﺮرﺳﯽ ﮐﺮده و ﻫﻤﭽﻨﯿﻦ در اداﻣﻪ ﺑﻪ ﺑﺮرﺳﯽ ادﻟﻪ و ﺣﮑﻢ ﻓﻘﻬﯽ ﻣﺮﯾﻀﯽ ﮐﻪ در ﻣﻌﺮض اﺗﻬﺎم و ﻋﺪم اﺗﻬﺎم ﻣﯽﺑﺎﺷﺪﻣﯽﭘﺮدازﯾﻢ، ﺑﺮاي اﺛﺒﺎت ﻧﻈﺮ ﻣﺸﻬﻮر ﺑﻪ ﺑﺮﺧﯽ رواﯾﺎت اﺷﺎره ﻣﯽﮐﻨﯿﻢ و ﺑﻪ وﺳﯿﻠﻪ رواﯾﺎت درﺻﺪد اﺛﺒﺎت ﻗﻮل ﻣﺸﻬﻮر ﻫﺴﺘﯿﻢ.

The one we have to know about the possessions of an ill person who is on the verge of death, is that the suspend act is against the decided one. There is no disagreement among the lawyers and jurists about the command on will and every one accepts that it does not permitted to take possession of more than one third of holdings unless by permission of the heritors. But there is challenges about the ill person's contract or agreement which is done freely and voluntarily or comprises a voluntarily case. So, this question would be presented that does it considered as a health person's contract and is taken from the whole of holdings or it is influent just in one third of holdings.
First, we have to prove wether the illness leads to death is considered as one of the incapability cases or not .There is so much differences among the lawyers and jurists about wether this kind of illness is incapable our not.
By the firm and strong arguments we prove that the ill who is on the verge of death, is not incapable, so he can hold in all of financial possessions such as transactions the scope of financial possessions of the ill is completely influent such as a health person.