then she may demand maintenance, for the reason mentioned above: his spending on her is in return for his enjoyment of her. If he is unable to provide it, she may seek annulment of the marriage. This is the well-known position in the madhhab.

Ibn al-Qayyim, may Allah have mercy on him, held that she has no right to annul the marriage except in the first case: when he married her while indigent and she was unaware of his indigence. He said that, in the second case, she entered the marriage with full knowledge. It is like a woman who marries a man knowing that he has a defect such as foul breath, leprosy, or some other defect: she has no right to annul the marriage thereafter, because she accepted him as he was. Likewise here, she accepted him despite the defect of poverty, and therefore has no right to annul the marriage.

As for the case in which he was wealthy and then became poor, he likewise committed no wrongdoing or transgression. Allah, Exalted is He, says:

“Let him whose provision is restricted spend from what Allah has given him. Allah does not burden a soul beyond what He has given it.” [al-Talaq: 7]

This man has not been given anything, so Allah does not impose upon him what he cannot bear.

Ibn al-Qayyim’s reasoning, may Allah have mercy on him, is thus very strong. But those who held that she has the right to annul the marriage cited reports in evidence. Among them is the hadith of Abu Hurayrah, may Allah be pleased with him, recorded in Sahih al-Bukhari and Sahih Muslim, in which the Messenger of Allah, peace and blessings be upon him, said: “The upper hand is better than the lower hand, and begin with those whom you support.” Abu Hurayrah said: “The woman says, ‘Spend on me; feed me or divorce me.’” Abu Hurayrah was asked, “Did you hear that from the Prophet, peace and blessings be upon him?” He replied, “No; Abu Hurayrah said it from his own pouch” (1)—that is, he inferred it from the hadith. They said: This is the statement of a Companion; moreover, we do not