The second is Ashhab’s report from Mālik: he is treated as having been killed after a year has been allowed to pass from the day his case is brought before the ruler. His wife then observes her waiting period and may remarry, and his property is divided. Although the report does not address the division of his property, this is what it implies, and Allah knows best. This applies whether the battle took place in enemy territory or Muslim territory, provided that he could have been captured without his circumstances becoming known. Ibn al-Qāsim, in ʿĪsā’s transmission from him, thus treats him as a captive, whereas Mālik, in Ashhab’s transmission from him, treats him as having been killed. If, however, they were in a place where his capture, had he been captured, could not have remained unknown, he is treated like someone who goes missing during fighting among Muslims in times of civil strife. It is therefore possible to understand Ibn al-Qāsim’s statement as referring to a battle fought in a place where his capture could have remained unknown, and Mālik’s statement as referring to one fought in a place where it could not. On this interpretation, ʿĪsā’s transmission would not conflict with Ashhab’s.

The third opinion is that he is treated as a missing man in all circumstances. A period of four years is set for him, after which his wife observes her waiting period and may remarry. His property, however, is not divided until enough time has passed for him to reach an age beyond which no one lives. Ibn al-Mawwāz related this opinion and criticized it.

The fourth opinion is that, with regard to his wife, he is treated as having been killed: after a period of waiting, she observes her prescribed waiting period and may remarry. With regard to his property, however, he is treated as a missing man: it is not divided until his death is known or enough time has passed for him to reach an age beyond which no one lives. Ahmad ibn Khālid adopted this view and related it as the opinion of al-Awzāʿī. He also interpreted Ashhab’s report from Mālik in this way, but this interpretation is far-fetched.

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As for someone who goes missing during fighting among Muslims in times of civil strife, there are two opinions:

The first is that he is treated as having been killed with regard to both his wife and his property. His wife therefore observes her waiting period, and his property is divided. According to one view, this applies from the day of the battle, whether it took place nearby or far away; this is Sahnūn’s opinion. Another view is that this applies after