Section: If he converts while he has five free women under him, and two of them convert with him, it is possible that he is forced to choose one of them; because he must inevitably be bound to the marriage of one of the two, so there is no meaning in waiting for the others. If he chooses one, and the others do not convert, he is bound to the marriage of the second. Likewise, if only two of the others convert, he is bound to the marriage of the four. If all of them convert during the waiting period, he is compelled to choose three in addition to the one he chose first, and the marriage of the remaining one is annulled. Based on this, if three convert with him, he is compelled to choose two. If four convert with him, he is compelled to choose three of them, as there is no meaning in his waiting for a fifth. And the marriage of three of them is binding upon him in any case. It is possible that he is not forced to choose; because that is only [required] when the number exceeds four, and that has not been found here. Likewise, if one slave woman converted with him, he would not be forced to choose her, and so it is here. The correct view here is that he is forced to choose because of the meaning we have mentioned. As for the slave woman, he may have a purpose in choosing someone other than her, unlike our [current] issue.
1171 - Issue; he said: (And if he marries her, and they are both People of the Scripture, and he converts before the consummation or after it, she remains his wife. But if she is the one who converts before him and before the consummation, the marriage is annulled, and she has no dower.)
The sum of this is that if the husband of a woman from the People of the Scripture converts before consummation or after it, or they both convert together, the marriage remains as it is, whether her husband was one of the People of the Scripture or not; because it is permissible for a Muslim to initiate a marriage with a woman from the People of the Scripture, so maintaining it is more appropriate. There is no disagreement on this among those who hold the permissibility of marrying a woman from the People of the Scripture. As for if the woman from the People of the Scripture converts before him and before consummation, the separation is expedited, whether her husband was one of the People of the Scripture or not; for it is not permissible for a disbeliever to marry a Muslim woman. Ibn al-Mundhir said: Everyone I know from among the scholars has reached a consensus on this. If her conversion is after consummation, the ruling on it is the same as the ruling in the case where one of two polytheist spouses converts, as previously stated. And if she is the one...
(47) In B: "lil-khamisah" (for the fifth). (48) In A and M: "anna" (that). (1) In B and M: "fastidamatuhu" (maintaining it). (2) Omitted from: The original.