What is the ruling regarding a wife whose husband has been reported dead by trustworthy witnesses?

General Chapter

Al-Mughni

Book of Waiting Periods ('Iddah)

Book 44 · Issue 1 · Bab 1

Open in Qurani

Primary text

If a man is absent from his wife, and trustworthy witnesses testify to his death, the wife must observe the waiting period (iddah) prescribed for widowhood. Upon completion of this period, it is permissible for her to remarry. If the original husband returns after her remarriage, his status reverts to that of a missing person (mafqood). The returning husband has the choice to either take his wife back or leave her, and in either case, he is entitled to the *mahr* (dower). This ruling applies equally if reports confirming his death become widespread. This is evidenced by the case reported by Al-Athram, through his chain of narration, from Abu al-Malih, from Suhayyah, whose husband was announced dead from Qandabil. She remarried, and when the first husband returned, the matter was brought before Uthman, who was besieged. Uthman ruled that the first husband should choose between the *mahr* or retaining the wife. Later, after Uthman's martyrdom, the case was presented to Ali, who gave the first husband the choice between the *mahr* or the woman. He chose the *mahr*, taking two thousand from the original husband and two thousand from the second husband.

Supporting text

If separation occurs based on confirmed testimony of death, any financial penalty (*gharamah*) incurred rests upon the witnesses, as they were the cause of its obligation. Furthermore, if witnesses testify to a man's death, and his estate is distributed, and then the man returns, he takes whatever of his property remains. For that which was destroyed or cannot be recovered, he may hold the witnesses liable because they caused the appropriation of his wealth. The owner may also hold the destroyer liable because the property was destroyed without his permission.