Q: Muhammad ibn `Abdullah ibn Mudayfar died, and one of his sons was lost eight years ago in the same area in which his father lived in
How does the lost son receive his share of inheritance from his father's legacy?
The Jurists (may Allah be merciful to them) said that the lost person may be one of the following: He may be lost in a place where he is more likely to be dead such as the battlefield, the sea, the desert and so on. In this case, we wait four years before considering him to be dead and before applying the rulings of death to him. He may also be lost but in a safe place such as his country or on a business journey and so on. In this case, we wait for ninety years from the date of his birth. After that, if he does not appear, we will consider him to be dead then apply the rulings of death to him. Since the person in this question is lost in his country which is a safe place, his inheritance from his father's legacy continues to belong to him till ninety years elapse. If he does not appear during these ninety years, (Part No. 16; Page No. 540) he will be considered a dead person, and his share of inheritance from his father's legacy is considered a part of his legacy. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.