What is the ruling if the slave women convert to Islam before the free woman, and the husband is in financial difficulty (mu'sir)?
Chapter on Marriage of Polytheists
Al-Mughni
Book of Marriage
Primary text
If the slave women convert before the free woman and the husband is in financial difficulty, two scenarios arise. First, if the free woman's waiting period expires before she converts, separation occurs due to the difference in religion, and the man has the right to choose among the slave women because he was unable to retain the free woman. Second, if she converts during her waiting period, her marriage is confirmed, and the marriages to the slave women are voided, similar to the case where all convert together. The man does not have the right to choose among the slave women before the free woman converts or her waiting period ends, as the possibility of her conversion exists.
Supporting text
If the man divorces the free woman three times before her conversion, the divorce is void if she subsequently does not convert, because separation due to religious difference is established, granting him the right to choose a slave woman. If she converts during her waiting period, her marriage is confirmed, and the divorce is considered to have occurred during a valid marriage. If she converts before the divorce, the marriage is confirmed, and the divorce occurs within it, invalidating the relationship with the slave women prior to the divorce.