Section: Regarding the rulings on the missing person (al-mafqud). If a man is absent from his wife, there are two situations: The first is that the absence is not definitive; his news is known, and his letters arrive. In this case, it is not permissible for his wife to remarry, according to the unanimous view of the scholars, unless it becomes impossible to provide support for her from his wealth, in which case she may request the annulment of the marriage, and it shall be annulled. They were unanimous that the wife of a prisoner may not marry until she learns with certainty of his death. This is the position of al-Nakha'i, al-Zuhri, Yahya al-Ansari, Makhul, al-Shafi'i, Abu 'Ubayd, Abu Thawr, Ishaq, and the People of Opinion (Ashab al-Ra'y). If a slave runs away (abaqa), his wife remains in the state of marriage until his death or apostasy is known. This is the position of al-Awza'i, al-Thawri, al-Shafi'i, and Ishaq. Al-Hasan said: His running away is his divorce. Our argument is that he is not considered a "missing person," so his marriage is not dissolved, like a free man. Whoever finds it impossible to provide support for his wife from his wealth, the ruling regarding the annulment of her marriage is the same as what we have mentioned, except that the maintenance of a slave's wife is the responsibility of his master or from his own earnings; thus, the impossibility of support is determined based on the source of the obligation.

The second situation is that he is missing, his news is cut off, and his whereabouts are unknown. This is divided into two categories: The first is that the outward appearance of his absence indicates safety, such as traveling for trade in a non-perilous area, a slave running away, seeking knowledge, or traveling for leisure. In this case, the marital bond does not dissolve either, as long as his death is not confirmed. This has been narrated from 'Ali, and it is the view of Ibn Shubruma, Ibn Abi Layla, al-Thawri, Abu Hanifa, and al-Shafi'i in his new school (al-jadid). It is also narrated from Abu Qilaba, al-Nakha'i, and Abu 'Ubayd. Malik and al-Shafi'i in his old school (al-qadim) said: She shall wait for four years, observe the waiting period for death of four months and ten days, and then she is permissible for other husbands; because if annulment is permitted due to the inability to have intercourse [due to impotence] or the inability to provide support [due to insolvency], then it is more appropriate for it to be permitted here due to the inability of all of these. They argued using the tradition of 'Umar regarding the missing person, along with the agreement of the Companions with him and their failure to object to it. Ahmad ibn Asram reported from Ahmad: If ninety years pass,