What is the ruling regarding the estate division and waiting period for a missing person whose presumed fate is death (e.g., lost in a disaster)?
Chapter on Distant Kindred (Dhawu al-Arham)
Al-Mughni
Book of Inheritance Shares (Farā'id)
Primary text
If the lost person's likely fate is death, such as being lost in a battle, shipwreck, or wilderness, or disappearing after leaving for a near necessity without news, one must wait four years. After four years with no news, his wealth is divided, and his wife observes the waiting period for a deceased woman and is permitted to remarry. Imam Ahmad stated this, and it is the preference of Abu Bakr. The justification relies on the consensus of the Companions regarding the wife's remarriage, which establishes a precedent for the handling of property, especially since the presumption leans toward his demise, analogous to a case where the maximum lifespan has been exceeded.
Supporting text
The view held by Al-Qadi is that the estate division must not occur until the wife's waiting period concludes after the four years have passed, as this is the timeframe when she is permitted to remarry. This view is considered less sound because the waiting period only commences after a ruling of death, making the delay in dividing the estate unwarranted after such a ruling.