It is understood from his statement, “and has not left her any maintenance,” that if he has left her maintenance, then there is no annulment on the grounds of maintenance. As for his absence, that has already been discussed in the chapter on the treatment of wives.
It is also understood from his statement, “and it is impossible for her to take it from his property,” that if she is able to take from his property, she may do so even without his knowledge, and she has no right to annul the marriage. The evidence for this is the account of Hind bint ‘Utbah, may Allah be pleased with her, when she said to the Messenger of Allah ﷺ: “Abu Sufyan is a miserly man; he does not give me enough maintenance for myself and my children.” The Prophet ﷺ said to her: “Take from his property what is sufficient for you and your children, according to what is customary.” (1)
Thus, she may take from his property what suffices for her own maintenance and that of her child, but only according to what is customary. What is customary is that which does not exceed the limits set by Islamic law and common practice.
If it is said: How can it be permissible for her to take from his property without his permission? Is this not betrayal, when the Prophet ﷺ said: “Do not betray one who has betrayed you”? (2)
The answer is that this is not a matter of betrayal; rather, it is a matter of taking one’s due when able to do so. For this reason, the Hanbali jurists established for this