Is it permissible to sell a portion of an absent person's land to provide for his poor mother, and how is the maintenance estimated and disbursed, and what should be done with the land's rent? Is it permissible to sell the land and keep the money until his return or until his death is legally declared? When is his death legally declared? Is it permissible for his mother to be the guardian of his land if his paternal uncle relinquishes his guardianship?
It is permissible to sell the land of an absent person to provide for those whose maintenance is obligatory upon him. It is stipulated that the person holding the money acknowledges this and the marriage or kinship, or that the judge is aware of it. The maintenance is estimated according to custom and means, and it is given daily, according to the preponderant opinion. The rent of the land is used to spend on the absent person's mother and those whose maintenance is obligatory upon him. The absent person is declared dead after four years of his absence, and this is the ruling that is issued. The mother may be appointed guardian over his land if his paternal uncle relinquishes his right, unless there is another heir.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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