What is the ruling on declaring the choice or annulment of a non-Muslim wife before her conversion?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If a man declares regarding a yet-to-be-converted wife, 'I choose her,' before her conversion, the declaration is invalid because it is not the proper time for making a choice, as she is currently subject to potential separation (*baynunah*), making retention invalid. Similarly, if he declares annulment, it does not take effect because the choice itself was invalid. If he intends the annulment as divorce, or explicitly states, 'You are divorced,' the decree is held in suspension (*mawquf*). It takes effect if she converts and the total number of wives does not exceed four, or if he chooses her among the permissible number of converts; otherwise, the divorce does not occur.
Supporting text
If he states, 'Every time one converts, I choose her,' this is invalid because the choice cannot be conditioned upon a future event, nor can it be made for an unspecified person. Likewise, stating, 'Every time one converts, I choose to annul her marriage,' is invalid because annulment cannot be conditioned, and he does not possess the right to annul one until the number of Muslim wives exceeds four. If he intended divorce by this statement, it is subject to two views: one holds it valid because divorce can be conditioned and implies a choice, thus taking effect upon each conversion; the other holds it invalid because the choice element, which divorce implies, cannot be conditioned.