she may annul the marriage. They say this is because her maintenance is the consideration for his enjoyment of her and her remaining with him. If the consideration cannot be provided, she may withhold what is given in return.

For example, a man marries a woman while he is wealthy, then his property is struck by calamities and he becomes poor. The wife may annul the marriage and say, “Either feed me or divorce me.”

This is the well-known position in the school of Imam Ahmad: she has the right to annul the marriage in all cases—whether she married him while he was indigent and knew of his indigence, married him while he was indigent but did not know of it, or married him while he was wealthy and he subsequently became indigent. Thus, there are three situations:

The first situation is that he is indigent and she did not know of his indigence. The view that she has the right to annul the marriage is a strong one, because he misled and deceived her. When he married her while indigent, he was obliged to disclose this to her so that she might enter the marriage with full awareness. This is clear, and its rationale is clear. If the Messenger of Allah, peace and blessings be upon him, disavowed anyone who deceives (1), then this is among the most grievous forms of deception.

The second situation is that he married her while indigent and she knew of his hardship. According to the madhhab, she may demand maintenance and say, “Either divorce me or provide for me.” The reason is that her maintenance becomes due anew each day. Thus, if she waives tomorrow’s maintenance, it is not waived, because she does not yet possess it; and waiving something before it becomes due has no legal effect.

The third situation is that she married him while he was wealthy, then he became poor by Allah’s decree, not through any action of his own,