Question
A person was married and then divorced. From this marriage he had one son. He later re-married having a number of children. This man has now passed away.
The heirs are unable to locate the son from the first marriage. What should be done with his share? Must it be invested or kept aside? If so, for how long?
Answer
The son’s share should be kept aside until he returns, or he is found. If he does not return, or he is not found, then his wealth can only be distributed amongst the heirs according to Shariah when he (the missing heir) reaches 90 years of age.
References
تسهيل السراجي ١٩٦
و قال بعضهم تسعون سنة و عليه الفتوي كتاب النوازل (١٨/٤٨١)
(قَوْلُهُ : عَلَى الْمَذْهَبِ وَقِيلَ يُقَدَّرُ بِتِسْعِينَ سَنَةً بِتَقْدِيمِ التَّاءِ مِنْ حِينِ وِلَادَتِهِ وَاخْتَارَهُ فِي الْكَنْزِ، وَهُوَ الْأَرْفَقُ هِدَايَةٌ وَعَلَيْهِ الْفَتْوَى ذَخِيرَةٌ
(رد المحتار ٤/٢٩٦)
فتاوى محمودية ٢٠/٢٥٦
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