And if they convert and he chooses one of them, the marriages of the remaining women are annulled, and the first [who converted] is with them. If he chooses the first one whose marriage he [had already] annulled, his choice of her is valid; because his annulment of her marriage [was not valid]. There is another opinion mentioned by the Qadi, which is that his choice of her is not valid; because his annulment of her marriage was only invalid provided that the rest persisted in disbelief until the waiting period expired; because we determine that her marriage was binding, so when they convert, their Islam is attached to that state, and it becomes as if they had converted at that time. Therefore, if he annulled the marriage of one of them, the annulment was valid, and it was not for him [to choose her]. This is refuted by the case where he annuls the marriage of one of them before she converts, for that is not valid, and their Islam existing in the second case is not treated as though it existed previously; likewise is the case here.
Section: If he converts while he has slave women and a free woman under him, there are three issues. The first is that he converts and they all convert with him; in this case, the marriage of the free woman becomes binding, and the marriage of the slave women is annulled; because he is capable of [marrying] a free woman, so he does not choose a slave woman. Abu Thawr said: He has the right to choose. The discussion with him has already passed. The second is that the free woman converts with him, but not the slave women; in this case, her marriage is established, and the marital tie of the slave women is severed. If they do not convert until their waiting period expires, they are separated by the difference in religion, and the beginning of their waiting periods is from the time he converted. If they convert during their waiting periods, they are separated from the time the free woman converted, and their waiting periods are from the time of her conversion. If the free woman dies after her conversion, the ruling does not change due to her death; because her death after the establishment of her marriage and the annulment of the marriage of the slave women has no effect on their permissibility. The third is that the slave women convert while the free woman does not, and he is indigent; it does not escape one of two cases: either her waiting period expires before she converts, in which case she is separated by the difference in religion and he has the right to choose from the slave women; because he was not able [to marry] the free woman. Or she converts during her waiting period, so her marriage is established and the marriage of the slave women becomes void, just as if they had converted at once, and he does not have the right to choose from the slave women before she converts.
(37) In the original: "ma sahha" (was not valid). (38) Omitted from: the original, A, B. (39) In the original: "ikhtiyaruha" (choosing her). (40) In M: "iddatuhunna" (their waiting period).