Does a child who was abducted and has not been found inherit after the death of his father, and if the answer is yes, how long must he be waited for?
A missing person is defined as someone whose news has been cut off. Scholars have agreed that such a person is to be declared dead after a period during which it is highly probable that if they were alive, some news of them would have emerged. The determination of this period is left to the discretion of the judge, based on the circumstances of each case.
If there is a missing person among the heirs of the deceased, their share of the inheritance is preserved during the period specified by the judge. Their share is then distributed to their heirs upon the ruling of their death after the expiration of this period.
A missing person is considered from two perspectives: their inheritance, and inheritance from them. If their inheritor dies before the ruling of their death, the missing person inherits from them, and their share is put on hold. The rest of the heirs are dealt with based on certainty. As for inheritance from the missing person, it does not occur until after the waiting period has elapsed, and their wealth is distributed among their heirs upon its expiration. If it is later found that they are alive, their wealth is returned to them.
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