What is the ruling if a man converts to Islam while married to five free Muslim women?

Chapter on Marriage of Polytheists

Al-Mughni

Book of Marriage

Book 35 · Issue 1 · Bab 3

Open in Qurani

Primary text

If a man converts to Islam while married to five free Muslim women, and two of them convert with him, he is compelled to choose one of them immediately because the marriage to at least one must be upheld. Upon his choice of one, if the others remain non-Muslim, the marriage to the second Muslim woman becomes obligatory for him. If only two of the remaining women convert later, he is obligated to retain four marriages. If all remaining women convert during their waiting period (Iddah), he must choose three in addition to the one he initially selected, and the marriage to the remainder is annulled. Similarly, if three convert with him initially, he must choose two. If four convert, he must choose three, as there is no reason to await the fifth. The marriage to three of them is mandatory under all circumstances.

Supporting text

An alternative view suggests he should not be compelled to choose immediately because the condition necessitating choice, which is exceeding four wives, has not yet been met, similar to the case where a single female slave converts to Islam alongside him. However, the sounder opinion is that he must be compelled to choose, distinguishing this from the slave case where he might have a reason to choose another instead.