What is the ruling when a man converts while married to two sisters?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
The marriage to the sister of the wife is invalidated. The evidence for this is the saying of God: {And the mothers of your wives} [Quran 4:23], which includes the mother of his wife. Furthermore, as she is the mother of his wife, she becomes permanently forbidden to him, similar to the case if he had divorced the daughter while in a state of disbelief (*shirk*). Moreover, if he had married only the daughter and then divorced her, her mother would become forbidden upon his Islam. Since he maintained the marriage to her, this precedence is stronger. The view that the contract only becomes valid upon choice is incorrect, as the contracts of non-Muslims are valid, and their rulings are established. If the marriage were isolated (to the daughter only), her marriage would be binding without the need for choice, which is why choice is delegated here. The mother is specifically singled out for nullification because her marriage becomes permanently forbidden merely by contracting the marriage to her daughter, preventing choice, whereas the daughter is not forbidden before consummation with the mother, thus the marriage remains valid in her case, unlike the case of two sisters.
Supporting text
Hasan, Al-Awza'i, Al-Shafi'i, Ishaq, and Abu 'Ubaid hold this view. Abu Hanifa maintains the same ruling as if he had ten wives. The proof lies in the narration of Al-Dahhak bin Fayruz, from his father, who said: 'I asked the Messenger of God, peace be upon him: I have embraced Islam and I have two sisters as wives.' He replied: 'Divorce whichever you wish.' Narrated by Abu Dawud and Ibn Majah. Furthermore, the marriages of disbelievers are valid; only the combination exceeding the limit is prohibited in Islam, and since that prohibition is removed, the marriage is valid, as if he divorced one sister before converting and kept the other.