Does the husband's inability to pay past due maintenance (Nafaqah Madiyyah) establish the wife's right to dissolution?

General Chapter

Al-Mughni

Book of Maintenance (Nafaqāt)

Book 46 · Issue 8 · Bab 1

Open in Qurani

Primary text

If the husband is unable to pay past maintenance, the wife does not have the right to dissolution because past maintenance is a debt, and the body sustains itself without it, thus resembling all other debts.