which falls (31) dead, as well as if we know that he died, but we did not perceive when he died. Other scholars did not distinguish between this case and the other cases of missing persons, as far as we know, except that Malik and al-Shafi'i, in the old view (qadim), agreed regarding the wife that she may marry specifically. The more evident view of his school is like the view of the others. As for his wealth, they agreed that it is not to be distributed until a duration passes in which one like him would not live, according to what we will mention in the other case, if Allah the Exalted wills; because he is a missing person whose death is not verified, so he resembles the merchant and the traveler. Our argument is the consensus of the Companions, may Allah be pleased with them, regarding the marriage of his wife according to what we mentioned in [the section on] waiting periods ('idat). If this is established in the case of marriage while exercising precaution regarding private parts (abda'), then [the same ruling] is more appropriate for wealth. Also, the apparent state is his death, so he resembles [the case where] a duration has passed in which one like him would not live.

The second type is one whose death is not the most likely state, such as one who travels for trade, or to seek knowledge, or for tourism, and the like, and no news of him is known. Concerning this, there are two narrations. One of them is that his wealth is not to be distributed, and his wife may not marry, until his death is certain or a duration passes in which one like him would not live, and this is referred to the discretion of the judge (hakim). This is the view of al-Shafi'i (32), Muhammad ibn al-Hasan, and it is the famous view from Malik, Abu Hanifa, and Abu Yusuf; because the fundamental principle is his life, and one does not resort to speculation (taqdir) except with a textual stipulation (tawqif), and there is no stipulation here, so it is mandatory to refrain [from acting]. The second narration is that one awaits until he reaches ninety years along with the year of the day he was lost. This is the view of 'Abd al-Malik ibn al-Majishun, because it is most likely that he does not live longer than this. 'Abd Allah ibn 'Abd al-Hakam said: One awaits until he reaches seventy years along with the year of the day he was lost. Perhaps he argues based on the statement of the Prophet (peace and blessings of Allah be upon him): "The lifespans of my nation are between sixty and seventy" (33), or as he said; and because it is most likely that he does not live longer than this, so he resembles [the case of] ninety. al-Hasan ibn Ziyad said: One awaits until he reaches one hundred and twenty years. He said: If he were lost while he was sixty years old and he had wealth, his wealth would not be distributed until another sixty years pass, so he would have, with his age on the day he was lost, one hundred and twenty years, and his wealth would then be distributed among his heirs if they were alive.