to remain married to a debtor, we would say: You have no special claim to that; all husbands have debts, so she has no right to annul the marriage.

His statement, “If he is insolvent with respect to the dowry”: if she accepts this and says, “Since you are insolvent, give it to me when you become financially able,” then later changes her mind and demands that he either pay her or that she annul the marriage, she has no such right, because she waived her right willingly. Likewise, if she married him knowing of his insolvency, while the dowry had not been received, she has no right to annul the marriage, because she accepted that.

His statement, “And none may annul it”: that is, the marriage.

His statement, “except a judge”: because this is a disputed form of annulment, and a judge’s ruling resolves the disagreement and ends the dispute.

However, it has previously been mentioned that Shaykh al-Islam, may Allah have mercy on him, said: If it were held that annulment may be established by their mutual agreement or by the judge’s annulment, that would be a valid view. That is, if the husband and wife agree to the annulment, there is no need for a judge. The husband may write: “I have annulled my marriage to this woman because of my insolvency regarding the dowry and her demand for it,” and give her the document, so that if she wishes to marry, she will have proof of the annulment.

But if a dispute arises—she demands annulment and he refuses—then the matter is referred to a judge. What Shaykh al-Islam said is correct, because if divorce or annulment due to a defect does not require a judge when the spouses mutually agree to it, then this case is the same. If they do not agree, however, a judge’s ruling is indispensable.