What is the ruling when a man embraces Islam while married to more than four women, and they all embrace Islam within their waiting periods (Iddah) or are People of the Book?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
He is not permitted to retain all of them; he must choose four and separate from the remainder, or separate from all of them. This ruling is without known disagreement. He must choose four, whether they were married to him in a single contract or in multiple contracts, and it is immaterial whether he chooses the first ones he married or the last ones. This was explicitly stated by Ahmad, and held by Al-Hasan, Malik, Al-Layth, Al-Awza'i, Al-Thawri, Al-Shafi'i, Ishaq, and Muhammad ibn Al-Hasan. The evidence is the Hadith of Qays ibn Al-Harith, who reported that when he embraced Islam while married to eight women, the Prophet (PBUH) commanded him, 'Choose four of them.' The command of the Prophet (PBUH) necessitates obligation.
Supporting text
Abu Hanifa and Abu Yusuf maintain that if he married them in a single contract, all the marriages are dissolved. If they were married in separate contracts, the first marriages up to four are valid, and any marriage beyond the fourth is void. They argue that since the initial contract encompassing more than four was forbidden due to the prohibition on collective plurality, he cannot be given the choice after embracing Islam, similar to a woman marrying two husbands simultaneously while in a state of disbelief.