recover from her. If he had paid her the dowry, he does not recover it, and if he had not paid it to her, he is obligated to pay it, and he pays the first husband another dowry.

Section: If the wife of the missing person chooses to remain and wait until his status is clarified, she is entitled to maintenance as long as he is alive, and she is to be provided for from his wealth until his status is clarified, because she is legally judged to be in a state of marriage, so maintenance is obligatory for her, just as if she knew he were alive. [If it is clarified that he was alive and he arrives, then there is no issue; but if] it is clarified that he died or separated from her, she is entitled to maintenance up to the day of his death or his separation from her, and he recovers the remainder from her, because it has become clear that she spent someone else's wealth, or spent from his wealth while she was not his wife. If she refers her case to the judge and he sets a period for her, she is entitled to maintenance during the waiting period (tarabbus) and the period of 'Iddah, because in the period of tarabbus, no judgment of her separation from her husband has been passed, so she is restrained for him by the ruling of marriage, thus it is like the period before the set time. As for the period of 'Iddah, it is because it is not certain, unlike the 'Iddah of death, for his death is certain. As for what is after the 'Iddah, if she remarries or the judge separates them, her maintenance ceases because she has forfeited it by exiting the ruling of his marriage. If she does not remarry and the judge does not separate them, her maintenance remains, because she has not yet exited from his marriage. If the husband arrives after that and she is returned to him, her maintenance resumes from the time of the return. Al-Athram and al-Jawzajani narrated from Ibn ‘Umar and Ibn ‘Abbas, who said: The wife of the missing person waits for four years. Ibn ‘Umar said: She is to be provided for from her husband’s wealth. Ibn ‘Abbas said: "That would be a hardship on the heirs, but she should take on debt; if her husband comes, she takes from his wealth, and if he dies, she takes from her share of the inheritance." Both said: She is to be provided for afterwards during the 'Iddah period after the four years from all of her husband's wealth for four months and ten days. And if...