Chapter on the Inheritance of the Missing Person

If a man’s news ceases because he has gone away under circumstances that outwardly suggest safety—such as captivity¹, travelling for trade, tourism, or the pursuit of knowledge—the division of his estate is postponed until ninety full years have elapsed from the day he was born. Should someone who is already ninety disappear, the judge exercises his own discretion.

If, on the other hand, the circumstances point to likely death—such as one who disappears from among his family, in a place of peril like the Darb al-Hijaz, is lost between the two battle lines during war², or a ship sinks and some passengers survive while others drown—the waiting period is four complete years from the time he went missing.

After the respective waiting period, his property is distributed.

If he returns after the division³, he takes whatever of his assets he finds still in existence and recovers the value of the remainder.

If someone from whom this missing person would have inherited dies during the waiting period, every heir whose share is certain receives it, and the balance is held in suspension for him⁴.

Anyone whose lineage is uncertain is treated in the same manner as the missing person.