The waiting period of the wife of a missing man if the judge rules that he is dead
Machine translationRead the Arabic original
Question:
Your Eminence, if the judge or ruler exerts his judgment and rules on the matter of the husband in this time, is his wife required to observe the waiting period until her husband reaches the age of ninety, or not?
Answer:
No, if he is ruled dead, she observes the waiting period for death. The judge’s ruling that he is dead is based on the preponderance of probability, and after exertion of judgment and research, she is required to observe the waiting period for death, which is four months and ten days, and she does not wait.
Your Eminence, if the judge or ruler exerts his judgment and rules on the matter of the husband in this time, is his wife required to observe the waiting period until her husband reaches the age of ninety, or not?
Answer:
No, if he is ruled dead, she observes the waiting period for death. The judge’s ruling that he is dead is based on the preponderance of probability, and after exertion of judgment and research, she is required to observe the waiting period for death, which is four months and ten days, and she does not wait.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، تتمة باب العدة والإحداد — islamhouse.com (45:36)
The Arabic text is a machine transcription of the audio recording.