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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on the Missing Person and the Validity of His Bequest

Machine translationRead the Arabic original
The questioner:
What is the ruling on the missing person, and is his bequest valid?

The Shaykh:
Yes, and what is it?

The questioner:
The missing one.

The Shaykh:
The missing one. Repeat the question.

The questioner:
He says: What is the ruling on the missing person, and is his bequest valid?

The Shaykh:
The missing person is the one whose news has been hidden, so neither his life nor his death is known. This has a specific chapter in the books of inheritance, stating that one waits until his case becomes clear.
If the heirs request the division of the estate and one of them is missing, the safest course is taken: the share most beneficial to the missing person is set aside until his case becomes clear. If he made a bequest while he was present, and it was a valid bequest, then his bequest is valid, but it is not executed until a ruling of his death is issued. If a ruling of his death is issued, his bequest is executed. As long as his case is not clear and the judge has not ruled on his death, the bequest is not executed. A bequest is like the bequest of a living person; it is not executed except after his death, either his actual death or a ruling of his death, if that is the case.

The presenter:
Missing. May Allah reward you, Your Eminence the Shaykh.
Source قناة «العلامة الدكتور صالح الفوزان»، 141/103 شرح زاد المستقنع/ صالح الفوزان — youtube.com (8:01)

The Arabic text is a machine transcription of the audio recording.

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