Furthermore, since annulment is established due to inability to have intercourse, even though the harm in that is less—as it is merely the loss of pleasure and desire, which the body can subsist without—it is more appropriate that it be established due to the inability to provide maintenance, which the body cannot subsist without. Once this is established, whenever insolvency regarding maintenance is proven, the woman has the right to demand annulment without waiting. This is one of the two opinions of al-Shafi'i. Hammad ibn Abi Sulayman said: He is granted a delay of one year, by analogy to the impotent man (al-'innin). Umar ibn Abd al-Aziz said: Grant him a delay of a month or two. Malik said: A month or similar. Al-Shafi'i said in the other opinion: He is granted a delay of three [months] because he is a relative. Our argument is the manifest implication of the hadith of Umar, and because it is a matter that necessitates annulment, yet no delay has been prescribed by the Law for it; therefore, the annulment must take effect immediately, like [in the case of] a defect. Moreover, the cause of the annulment is insolvency, and it has already occurred, so no delay is required.

Section: If he cannot find maintenance except on a daily basis, this is not considered insolvency for which annulment is established, because this is what is required of him, and he has managed to provide it. If he finds at the beginning of the day what is enough for her lunch, and at the end of it what is enough for her dinner, she does not have the right to annulment, because she is receiving her sufficiency and that which her body subsists upon. If he is a craftsman who works during the week to sell on one day enough for her sufficiency for the entire week, annulment is not established, because sufficiency is obtained through this throughout the entire time. If it is difficult for him to earn at times, or difficult to sell, annulment is not established, because it is possible to borrow until the obstacle is removed and earnings are realized. If he is unable to borrow for a few days, annulment is not established, because this will pass shortly, and hardly anyone is spared from such a situation. If he falls ill with an illness from which recovery is expected in a few days, it shall not be annulled, for the reason we have mentioned. If it is prolonged, she has the right to annulment, because the predominant harm falls upon her, and she cannot be expected to be patient. Likewise, if he finds maintenance only on one day and not the next, she has the right to annulment, because she cannot endure this, and it is equivalent to someone who only finds a portion of their sustenance. If he is insolvent regarding a portion of the maintenance for the indigent, the option is established for her, because the body cannot subsist on less than that.