What is the ruling for a man who converts to Islam while married to eight women?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If a man converts to Islam and has eight wives, and four of them convert while the others remain in their previous religion, he has the right to choose four among the Muslim wives. He must await the conversion of the remaining wives before making a final selection or the issue resolves upon their conversion. If the initially converted wives die before the others convert, he retains the option to choose from the deceased wives and the surviving ones, or a combination of both. This option is a validation of the original contract, not a new agreement, and the consideration for its validity relates to the time the option is established, which is when they were alive.
Supporting text
If only one converts and he immediately declares 'I choose her,' this is valid. If he chooses four sequentially in this manner, the marriages to the remaining wives are annulled. However, if he tells a Muslim wife, 'I choose to annul your marriage,' this is invalid because annulment is only permissible for those exceeding the limit of four wives, and she is one of the four allowed. If he intended this as divorce (*talaq*), it takes effect as divorce, as the declaration is an implicit reference, and this divorce serves as his choice for her.