The certainty is his life, so it is acted upon the basis that he is alive, and the wealth is paid to the husband and the full sister. The compromise we mentioned is preferable. And God knows best.
Section: A captive is like a missing person if his news is cut off. If his life is known, he inherits, according to the opinion of the majority. It was narrated from Sa'id ibn al-Musayyib that he does not inherit because he is a slave; this was also narrated from al-Nakha'i and Qatadah. The correct view is the first one. Non-Muslims do not own free people. And God knows best.
Section: On marriage during illness and health. The ruling on marriage during illness and health is the same regarding the validity of the contract and the mutual right of inheritance between the two spouses, according to the opinion of the majority. This was also the view of Abu Hanifah and al-Shafi'i. Malik said: Whichever of the spouses is suffering from a terminal illness at the time of the marriage contract, the marriage is invalid and they do not inherit from each other, unless he consummates it, in which case she receives the specified dowry from the one-third [of the estate], prioritized over the will. A similar view is narrated from al-Zuhri and Yahya ibn Sa'id. The followers of Malik differed regarding the marriage of one who does not inherit, such as a slave woman or a dhimmi woman. Some of them said: It is valid, [because there is] no suspicion that he intends to grant her inheritance. Others declared it invalid, as it is possible for her to be an heir. Rabi'ah and Ibn Abi Layla said: The dowry and inheritance are [taken] from the one-third. Al-Awza'i said: The marriage is valid, but there is no inheritance between them. From al-Qasim ibn Muhammad and al-Hasan: If he intended to harm his heirs, the marriage is void; otherwise, it is valid. Our position is that it is a contract of exchange, valid in health, so it is valid in illness, like a sale. Furthermore, it is a marriage conducted by one qualified to do so, in its proper place, and under its conditions, so it is valid, as in the state of health. We have narrated that Abd al-Rahman ibn Umm al-Hakam married three women during his illness and gave each of them a dowry of one thousand [dirhams] in order to constrict his [other] wife and have them share in her inheritance, and this was permitted. When the validity of the marriage is established, the inheritance is established by the generality of the verse.
(46) In A: "lest". In M: "lest". (47) Recorded by Ibn Abi Shaybah, in: The chapter on a man who marries while he is ill, is it permissible? from the Book of Marriage, Al-Musannaf 4/362. And by al-Bayhaqi, in: The chapter on the marriage of a sick person, from the Book of Wills, Al-Sunan al-Kubra 6/276. And by Sa'id ibn Mansur, in: The chapter on marrying a young girl, Al-Sunan 1/176. In it, it is stated that he married two women.
