Article 647 of the Saudi Civil Transactions Law
المادة 647 من نظام المعاملات المدنية · الفرع الثاني: أسباب كسب الملكية أولًا: إحراز المباحات
The article provides that a legal act made during a death-illness that is a gift, or an exchange involving favoritism, has the gift or the amount of favoritism treated as a will.
Official text (Arabic)
This article has not been amended since the law was issued.
كل تصرف نظامي يصدر من شخص في مرض الموت ويكون تبرعًا أو معاوضة فيها محاباة؛ يأخذ التبرع أو قدر المحاباة فيه حكم الوصية.
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 647 explained in plain English
This article deals with acts a person carries out during a death-illness, and links some of them to the rules on wills.
Acts covered:
- Gift: such as the sick person giving property to someone else for nothing in return.
- An exchange involving favoritism: such as selling something for less than its value, or buying for more than its value, so that the act favors the other party.
The rule:
- For a gift, the gift is treated as a will.
- For an exchange involving favoritism, the whole act is not treated as a will, only the amount of favoritism in it, that is, the difference by which the other party was favored.
Being treated as a will means that the legal provisions specific to wills apply to it, to which Article 646 refers when it says that the legatee owns the bequeathed property under the specific provisions on wills. The article does not set out those provisions or define death-illness, so this explanation does not cover the details of either.
It is related to Article 648, which provides that where a person makes an act in favor of one of his heirs while keeping possession and the right of use for life, the act is treated as taking effect after death and the rules on wills apply to it unless evidence shows otherwise.
Because these matters affect the rights of heirs and often give rise to disputes, consulting a lawyer who specializes in personal status and estates is advised.
Practical example
While in his death-illness, Abdullah sold a plot of land in Al-Ahsa worth SAR 500,000 to a friend for SAR 300,000. Under the article, the whole sale is not treated as a will, only the amount of favoritism, which is SAR 200,000, and the rules on wills apply to that amount.
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 647 of the Saudi Civil Transactions Law
What is the rule on a gift or donation made during a death-illness?
A gift made during a death-illness is treated as a will.
If a sick person sells something for less than its value during a death-illness, what is the rule?
If the exchange involves favoritism, the amount of favoritism in it is treated as a will, not the whole act.
Is an act made during a death-illness void?
The article does not provide that it is void; it provides that the gift or the amount of favoritism in it is treated as a will.
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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.