What is the ruling on divorce if a free, non-Muslim man marries, is subsequently enslaved, and then both embrace Islam?
Chapter on Divorce by Calculation
Al-Mughni
Book of Divorce
Primary text
If a man marries while a free non-believer, is subsequently enslaved and then both he and his wife embrace Islam, he only possesses the divorce authority of a slave. This is judged based on his status at the time the divorce would occur, which is slavery.