which is certain (39). Then it is said to him: You may settle for a portion of it. Rather, if that is permissible, it is more appropriate that we divide the issue based on the assumption of life, and hold only the share of the missing person. The first view is more correct, Allah willing, because the excess of the (40) share of the missing person from the held wealth is doubtful in its entitlement, and the certainty of life is countered by the emergence of death; therefore, it should be inherited (41) just like the excess over the certainty in the issues of pregnancy and breathing at birth. It is permissible for the existing heirs to settle regarding it because it is their right and does not exit [the circle of] them. Permitting a settlement does not negate the necessity of holding it in trust, as preceded in its analogues, and the necessity of holding it does not prevent a settlement because of that, and because permitting a person to take someone else's right with their consent and settlement does not necessitate the permissibility of taking it without their permission. The apparent meaning of al-Wanni's statement is that the issue should be divided based on him being alive, and his share held, and nothing else. Some of the followers of al-Shafi'i said: The wealth is divided among the existing ones; because they are certain, while the missing person is doubted, and thus one is not inherited with doubt. Muhammad ibn al-Hasan said: The statement is the statement of the one who has the wealth in his possession. If a man dies and leaves his two daughters and a son's son, whose father is missing, and the wealth is in the possession of the two daughters, and they dispute before the judge, it is not appropriate for the judge to move the wealth from its place or hold any of it, whether the two daughters acknowledge his disappearance or claim his death. If the wealth is in the possession of the missing person's son, the two daughters are not given anything except half, the least he could have. If the wealth is in the possession of a stranger, and he admits that the son is missing, half of it is held for him in his hands. If the stranger says: The missing person has died, he is required to pay two-thirds to the two daughters, and one-third is held, unless the son's son admits the death of his father, in which case the remainder is paid to him. The majority hold to the first view.

Among the issues of this is: a husband, a mother, a sister, a grandfather, and a missing brother. The issue of death is out of twenty-seven, because it is the Akdariyyah issue, and the issue of life is out of eighteen. They agree by ninths, so you multiply the ninth of one by the other, to be fifty-four. The husband gets the half from the issue of life and the third from the issue of death, so he is given the third. The mother gets two-ninths from