Is a man permitted to choose which wives to keep if he converts to Islam while married to more than four women, and they all subsequently convert, or if they apostatize after converting?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If a man embraces Islam while married to more than four women, and they all embrace Islam with him, he is not permitted to choose which ones to retain. Similarly, if they apostatize either before or with him, he cannot choose among them. The prohibition on retaining more than four wives stems from the inability to initiate a new marriage contract under these circumstances.