What should the missing person do if he returns after the judge has declared him dead, his inheritance has been divided, and his wife has remarried?

If a missing person reappears alive after being declared dead, and his wife has remarried and the marriage has been consummated, there are two opinions among the jurists:

The first opinion: This is the view of the majority (Hanafis, Shafi'is, and Hanbalis). In this case, the wife belongs to the first husband who was missing, and her marriage to the second husband is annulled. She returns to the first husband after observing her iddah. Ibn Uthaymeen states: The first husband has the absolute choice; if he wishes to leave her to the second, she is for him, and if he wishes to take her back, she is for him.

The second opinion: This is the view of Malik. The wife remains with the second husband, and the first husband has no claim over her. However, the Malikis stipulated that this applies only if the marriage has been consummated.

The majority based their argument on what was narrated from Umar, Uthman, and Ali (may Allah be pleased with them), and by analogy, considering that the annulment of the marriage was an error.

As for his wealth, the four schools of thought agreed on the obligation to return what remains of it. They differed on what was destroyed: Is the one who spent it liable or not? The majority affirmed liability, while the Hanafis denied it.