Article 353 of the Saudi Civil Transactions Law
المادة 353 من نظام المعاملات المدنية · الفرع الثالث: البيع في مرض الموت
Article 353 defines death-sickness as an illness in which a person cannot carry on his usual affairs, death is likely, and death follows; situations of danger of death are treated the same.
Official text (Arabic)
This article has not been amended since the law was issued.
1- مرض الموت هو المرض الذي يعجز فيه الإنسان عن متابعة أعماله المعتادة، ويغلب فيه الهلاك ويتصل به الموت.
2- يُعد في حكم مرض الموت الحالات التي يحيط بالإنسان فيها خطر الموت ويغلب في أمثالها الهلاك ولو لم يكن مريضًا.
This is the official Arabic wording, the only legally binding version. We do not translate the law itself; the explanation below is ours. Official source: Bureau of Experts at the Council of Ministers
Article 353 explained in plain English
This article sets the definition of death-sickness, a concept with important effects on the validity of a person's dispositions, including sales and purchases.
First: the elements of death-sickness. An illness is a death-sickness if three characteristics come together in it:
- the person is unable in it to carry on his usual affairs;
- death is likely in it;
- death follows from it, that is, the person dies while in this illness.
It is not enough for the illness to be serious; all three characteristics must come together.
Second: what is treated like death-sickness. Situations are treated as death-sickness in which the person is surrounded by danger of death and death is likely in the like of such situations, even if he is not ill. What matters is that danger of death surrounds the person in circumstances in which death is likely, not the existence of an illness in the medical sense.
Why does this definition matter? Because Article 354 attaches rulings to a sale or purchase by a person in death-sickness at a favorable price: if it is in favor of an heir, it does not take effect, to the extent of the favor, against the other heirs except with their approval, and if it is in favor of a non-heir, it does not take effect to the extent of the favor beyond the value of one third of the estate unless the heirs approve or the person dealt with returns what completes two thirds.
Whether the characteristics of death-sickness are present in a particular case is a question of fact, so it is advisable to consult a lawyer specialized in civil or personal status cases.
Practical example
Saud's father had an illness that kept him from his usual work, in which death is likely, and he died while in it. During this period he sold land to one of his sons. This illness is a death-sickness because its three characteristics come together, so the sale is subject to the special rules on a sale by a person in death-sickness.
Translated from our Arabic explanation with machine assistance. For guidance only; it does not replace advice from a lawyer on your situation.
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Frequently asked questions about Article 353 of the Saudi Civil Transactions Law
What is death-sickness in the Civil Transactions Law?
It is the illness in which a person is unable to carry on his usual affairs, death is likely, and death follows from it.
Can a person be treated as in death-sickness without being ill?
Yes. Situations in which danger of death surrounds the person and death is likely in the like of them are treated as death-sickness even if he is not ill.
Why does it matter to determine death-sickness?
Because a sale or purchase by a person in death-sickness at a favorable price is subject to special rules that protect the heirs, as in Article 354.
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البيع عقد يُمَلِّكُ بمقتضاه البائع المبيع للمشتري مقابل ثمنٍ نقدي.
The texts are reproduced from the official website of the Bureau of Experts at the Council of Ministers for reference; where they differ, the officially published Arabic text prevails. This content is not legal advice.