Question 509 - What is the ruling on the divorce of a woman whose husband has gone missing?

300 13 Feb 2021
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✅ Answer:

1 Ja'far narrated from his father that Ali said regarding a missing man: His wife should not marry until news of his death, divorce, or joining the polytheists reaches her.

📚 Al-Tahdhib, Vol.7, p.478

Ali (peace be upon him) said regarding a missing man: His wife does not marry until news of his death, divorce, or joining the polytheists reaches her.

2 Sama’ah said: I asked the Imam about a missing man; he said: If she knows her husband is in a certain land, she should wait for him until news of his death or divorce arrives. If she does not know his location and receives no letter or news from him, she goes to the Imam, and the Imam instructs her to wait four years. During these four years, searches are made for the missing man. If no news is found after four years, the Imam commands her to observe a waiting period ('iddah') of four months and ten days, after which she becomes lawful for other men to marry. If her husband returns after this 'iddah', he has no right of return, but if he returns during the 'iddah', she belongs to him with the right of return.

📚 Al-Tahdhib, Vol.7, p.47

3 بريد بن معاوية قال: سَأَلْتُ أَباعبداللَّه عَن الْمَفْقُود كَيْفَ تَصْنَعُ امْرَأَتُهُ فقال ما سَكَتَتْ عَنْهُ و صَبَرَتْ فَخَلِّ عَنْهَا و إِنْ هِيَ رَفَعَتْ أَمْرَها إِلَى الْوَالِي أَجَّلَهَا أَرْبَعَ سِنِينَ ثُمَّ يَكْتُب إِلَى الصُّقْع الَّذِي فُقِد فِيه فَلْيُسْأَلْ عَنْهُ فَإِنْ خُبِّرَ عَنْهُ بِحَيَاة صَبَرَتْ و إِنْ لَمْ يُخْبَرْ عَنْهُ بِحَيَاة حَتَّى تَمْضِي الْأَرْبَعُ سِنِين دعا وَلِيَّ الزَّوْج الْمَفْقُود فَقِيل لَهُ هَلْ لِلْمَفْقُود مَالٌ فَإِنْ كَان لِلْمَفْقُودِ مَالٌ أَنْفَقَ عَلَيْهَا حَتَّى يُعْلَمَ حَيَاتُهُ مِنْ مَوْتِهِ و إِنْ لَمْ يَكُنْ لَهُ مَالٌ قِيلَ لِلْوَلِيِّ أَنْفِقْ عَلَيْهَا فَإِنْ فَعَلَ فَلَا سَبِيل لَهَا إِلَى أَنْ تَتَزَوَّجَ مَا أَنْفَقَ عَلَيْهَا و إِنْ أَبَى أَنْ يُنْفِقَ عَلَيْهَا أَجْبَرَهُ الْوَالِي عَلَى أَنْ يُطَلِّقَ تَطْلِيقَةً فِي اسْتِقْبَال الْعِدَّة و هِي طَاهِرٌ فَيَصِيرُ طَلَاقُ الْوَلِيِّ طَلَاقَ الزَّوْج فَإِنْ جاء زَوْجُهَا قَبْلَ أَنْ تَنْقَضِيَ عِدَّتُهَا مِنْ يَوْمَ طَلَّقَهَا الْوَلِيُّ فَبَدَا لَهُ أَنْ يُرَاجِعَهَا فَهِيَ امْرَأَتُهُ و هِيَ عِنْدَهُ عَلَى تَطْلِيقَتَيْنِ وَ إِنِ انْقَضَتِ الْعِدَّةُ قَبْلَ أَنْ يَجِي ءَ وَ يُرَاجِع فَقَدْ حَلَّتْ لِلْأَزْوَاج و لَا سَبِيل لِلْأَوَّل عَلَيْها

📚 Al-Faqih, Vol.3, p.547

Buraid said: I asked Imam al-Sadiq (peace be upon him) about a missing man and what the woman should do. He said: As long as the woman is patient and silent, leave her alone. If she refers her matter to the guardian, he gives her four years and writes to the region where the husband is missing to investigate. If news of his being alive is reported, the woman remains patient. If no news of his being alive comes after four years, the guardian is asked whether the missing man has property. If he has property, it is used to support the woman until the status of the husband is determined. If he has no property, the guardian must provide her maintenance. If the guardian provides maintenance, she cannot marry until then. If the guardian refuses, the ruler forces him to divorce her at the start of her 'iddah' while she is pure. The guardian's divorce counts as the husband's divorce. If the husband returns before the 'iddah' ends and wants to reclaim her, she is his wife and two divorces remain. If the 'iddah' ends before he returns, she is lawful for other men, and the first husband has no right to her.

4 Saduq said: In another narration, if the missing man has no guardian, the ruler divorces her, takes two just witnesses, and the ruler's divorce counts as the husband's divorce. She observes the 'iddah' of four months and ten days and may then remarry.

📚 Al-Faqih, Vol.3, p.547

5 Imam al-Sadiq (peace be upon him) was asked about a woman whose husband is absent for four years, does not provide maintenance, and it is unknown whether he is alive or dead. He said: Yes, the guardian can be forced to divorce her. If she has no guardian, the ruler divorces her. I asked: What if the guardian says, 'I will provide her maintenance'? He replied: In that case, there is no compulsion to divorce her. I asked: What if the woman says, 'I want what other women want and cannot wait'? He said: If the guardian provides maintenance, she has no such right and no claim.

✅ The above steps must be followed exactly and precisely.