the issue of death, and the sixth from the issue of life, so she is given the sixth. The grandfather gets sixteen shares from the issue of death and nine from the issue of life, so he takes the nine. The sister gets eight from the issue of death and three from the issue of life, so she takes three. Fifteen remain held in trust; if it turns out that the brother is alive, he takes six, and the husband takes nine. If it turns out he is dead, or the period passes before his arrival, the mother takes three, the sister five, and the grandfather seven.

Al-Khabri chose that if the period passes and his situation is not clarified, his share of the held-in-trust wealth should be divided among his heirs; because his life was [previously] deemed certain, and we only ruled on his death due to the passage of time. Our [Hambali] position is that it is wealth held in trust for someone who is awaited, whose status is unknown, so if his life is not clarified, it does not belong to his heirs, just like that held in trust for an embryo. The heirs may settle for the nine before the period passes.

[Regarding] a husband, two parents, and two missing daughters: the issue of their life is out of fifteen, and in the life of one of them out of thirteen, and in their death out of six. You multiply one-third of the six by fifteen, then by thirteen, to be three hundred and ninety. Then you give the husband and the two parents their rights from the issue of life, multiplied by two, then by thirteen, and you hold the remainder in trust. If there are three missing persons in the issue, you perform four issues for them. If there are four, you perform five issues for them, and so on.

If the missing person would block others but not inherit himself—like a husband, a full sister, a paternal sister, and a missing brother of hers—you hold the seventh [share] between them [the sisters] and the husband and the full sister. It is said: nothing is held here, and the paternal sister is given the seventh; because she is not blocked by doubt, just as she is not inherited by doubt. The first [view] is more correct; because paying the seventh to her is inheritance by doubt, and there is no blocking in holding [wealth in trust] with certainty; it is merely a suspension of distributing the wealth to one of the two doubtful sides. The statement of this speaker is countered by the statement of the one who said: