چکیده:
The Civil Code, in Article 836, considers a person attempting suicide as lacking special capacity for making a will and deems their will void if it was preceded by the act of suicide and that act led to death. From a foundational perspective, it should be said that jurists have referred to various evidence to prove this claim, such as the Sahihah of Abu Walad, insanity, foolishness, instability of life, and comparison with the killer of the deceased. Among these, only the Sahihah of Abu Walad can be considered a reliable basis for this ruling. Although some, relying on the word "one-third" in the aforementioned Sahihah and considering the contextual relevance of that word, consider the nullity of this type of will to be limited to financial matters, either based on the principle of precaution or based on the apparent diversion, the research findings show that in addition to the generality of the words of many jurists, the generality of the aforementioned narration also confirms the theory of absolute nullity of the will, including both financial and non-financial wills, and the generality of Article 836 of the Civil Code leads to the same conclusion. Also, based on this generality and contrary to the opinion of some, the nullity of the will of a person attempting suicide is not contingent upon whether their suicidal act resulted in their death, but rather the act of attempting suicide itself is relevant for nullity.
خلاصه ماشینی:
Although some, relying on the word “one-third” in the aforementioned Sahihah and considering the contextual relevance of that word, believe that the invalidity of this type of will is limited to financial matters, research findings show that, in addition to the generality of the statements of many jurists, the generality of the aforementioned narration also confirms the theory of absolute invalidity of the will, including both financial and non-financial wills, and the generality of Article 836 of the Civil Code yields the same result.
The Relationship Between Attempting Suicide and the Validity or Invalidity of a Will Examining reliable jurisprudential sources shows that a large group of Imami jurists believe that if a person makes a will after attempting suicide through injury or poisoning, and the like, this legal act of his will be void; but if he makes a will first and then attempts suicide, there is no doubt about the validity of his will (Sheikh Mufid, 1413: 672; Najafi, 1404, vol.
Now, some Imami jurists believe that in the narration of Abi Walad, Imam Sadiq (AS) used the word “al-thulth” or “thulthuhu”, and this itself is circumstantial evidence that the intention of invalidity is not absolute will, but rather the subject of negation and affirmation are financial wills, not matters such as appointing a guardian or willing regarding performing compensatory prayers and fasts and the manner of shrouding and burial (Sabzwari, 1413, vol.
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