What is to be done if a man returns after he has been declared dead and his inheritance has been distributed? And does his wife return to him if she has married another, or does she remain with her current husband?

A person whose whereabouts are unknown and whose news has been cut off, his wealth is not to be divided except after his death is confirmed by evidence, or after a period of time passes after which his survival is inconceivable. He is considered alive for his own wealth and dead for the wealth of others. His wealth remains suspended until his death is legally declared. The period after which his death is declared varies according to the different schools of thought.

If he reappears alive after his wealth has been divided, he takes what remains of his wealth, and whatever has been destroyed is guaranteed by the one who caused its destruction. If the ruling of his death was based on evidence, then he can claim compensation from the evidence for what was destroyed of his wealth.

As for his wife, if he returns before she remarries, she is his. If she has remarried and the new husband has consummated the marriage, then she does not return to him unless the new husband had not consummated the marriage.

If the ruling of his death was not based on Sharia evidence, then it is revoked, and he reclaims his wife and his wealth.