What is the consequence of the difference in religion if the man embraces Islam first, and the separation is contingent upon the end of the waiting period?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the man embraces Islam first, and the separation is contingent upon the completion of the waiting period, and they do not embrace Islam until their waiting periods end, it is established that they were separated from the moment the two religions differed. If he divorced them before their waiting periods ended, it is established that his divorce did not take effect upon them, and he may marry four of them upon their conversion to Islam. If he had intercourse with them, it is established that he had intercourse with non-wives. If he made an oath of abstinence (Ila'), dissociation (Zihar), or accused them (Qadhf), it is established that these acts occurred regarding a non-wife, and their ruling is as if he addressed a stranger with such statements.
Supporting text
If some of them embrace Islam during the waiting period, it is established that she was his wife, and his divorce takes effect upon her, and his intercourse with her is the intercourse of a divorced woman. Similarly, if his intercourse was before her divorce, and she was a woman other than the one divorced, his intercourse is with his wife.