How should the inheritance of a missing person be handled if he has heirs who die before a ruling on his fate?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the missing person has an heir who dies before the ruling of presumed death, the missing person's share from that inheritance, along with any amount whose rightful owner is uncertain, must be held in trust (*waqf*). The remainder of the estate is divided. If the missing person appears alive, he takes the held property and any surplus is returned to his heirs. If it becomes known that he died after his ancestor died, his share is delivered to the heirs of the ancestor.
Supporting text
If it is known that the missing person was already dead at the time of his ancestor's death, the held amount is returned to the ancestor's heirs. Similarly, if the waiting period passes without news, the held amount returns to the ancestor's heirs because his life at the time of the ancestor's death is doubtful, similar to an unborn fetus whose death before birth is established.