Hadith record

2. Ali ibn Ibrahim has narrated from his father from Ibn Abi ‘Umayr from ‘Umar ibn ‘Udhaynah from Burayd ibn Mu‘awiyah who has said the following: “I once asked abu ‘Abd Allah (a.s.), about the case of a man who is absent and missing and about how to deal with the issue of his wife. He (the Imam) said, ‘If she is silent and has exercised patience, she is not disturbed, but if she brings her case before the authorities she will be told to wait for four years. Thereafter they write to the area where he has disappeared to find out about him. If information is achieved that he is alive, she then must wait; but if no information is found until four years the guardian of the husband is summoned and asked if any assets belonging to the missing man exist. If such assets exist then her maintenance must be paid therefrom until it is found out if he is alive or not. If no asset belonging to him exists his guardian is told to provide her maintenance. If his guardian provides her maintenance she has no way to marry; but if he did not provide her maintenance the authority then compels him to divorce her one divorce before her commencing waiting period when she is in a Hayd (menses)-free period. Divorce by the guardian is treated like the divorce of the husband. If the husband comes before the end of her waiting period from the day divorce has taken place and he decides to go back to her, she is his wife. She is for him for two more divorces, but if he comes after her waiting period ends then she becomes lawful for marriage to whoever she likes and the first husband has no way to her.’”

Translation: Muhammad Sarwar — attributed by Thaqalayn·The Arabic above is the original.