a period long enough for those who fled or were routed to return has been allowed to pass. If the battle took place far from his homeland—as far as Ifrīqiya is from Medina—a period of one year is set for his wife, after which she observes her waiting period and may remarry, and his property is divided. Another view is that her waiting period is included in the period allowed for his return. Ibn al-Qāsim’s statements differ on this point. The correct view is that her waiting period is included, since time is allowed for his return only because he might still be alive. If no news of him is found, he is presumed to have been killed in the battle. His wife’s waiting period is therefore reckoned from that day, and his property is divided among those who were his heirs on that day. If the battle took place somewhere so nearby, and the circumstances were so clear, that he is not thought to have survived, his wife’s waiting period is reckoned from that day. It has also been said that all of al-Andalus is like a single town: no additional time is allowed for his return; his wife observes her waiting period from that day and may then remarry if she wishes, and his property is divided. A period of one year is set only when the battle took place far away—as far as Ifrīqiya is from Egypt, or Egypt from Medina. This was stated by ʿĪsā ibn Dīnār.

The second opinion is Ashhab’s report from Mālik: a period of one year 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. This is al-Awzāʿī’s opinion and Ahmad ibn Khālid’s interpretation of Ashhab’s report. The correct interpretation of that report is that his property is divided after the year has passed; this constitutes a third opinion on the issue. All of this applies when upright witnesses testify that he was present at the battle. If, however, they only saw him setting out with the army and did not see him at the battle, then, by agreement, he is subject to the rulings concerning a missing man with regard to both his wife and his property. And Allah, glorified and exalted, knows best.