Section: If the husband of a Magian or pagan woman becomes Muslim, or if the marriage between the two spouses is annulled due to khul' (divorce initiated by the wife), breastfeeding, or annulment due to a defect, insolvency, or other reasons, he is not permitted to marry anyone whose combination with his wife is forbidden until her waiting period has ended, [whether we hold the view of accelerating the separation or not. If his wife becomes Muslim, and he marries her sister during her waiting period] (12), then they both become Muslim during the waiting period of the first, he must choose one of the two, just as if he had married them together. If he becomes Muslim after the waiting period of the first has ended, she is separated [from him], and the marriage to the second is established.

Section: If he emancipates his umm al-walad (13) or a slave woman with whom he was having sexual relations, it is not permissible for him to marry her sister until her period of istibra' (clearing the womb) has ended. Ahmad established this text regarding the umm al-walad. Abu Yusuf and Muhammad ibn al-Hasan said: It is permissible, because she is not a wife (14) and is not in a waiting period from a marriage. Our evidence is that she is in a waiting period from him, so it is not permissible for him to marry her sister, like a woman in a waiting period from a marriage or from sexual intercourse due to a misconception (shubhah). Furthermore, he cannot be certain that his seed is not in her womb, so she would fall under the generality of 'whoever combines his water in the wombs of two sisters,' though he is not prohibited from marrying four others besides her. Zufar prohibited this, but that is an error; for if it is permissible before her emancipation, it is more appropriate that it remains so afterward.

Section: He is not prohibited from marrying a slave woman while [the free woman he divorced] is in the waiting period of a final divorce (ba'in). Abu Hanifah prohibited it, just as it is forbidden for him to marry her during the subsistence of her marriage. Our evidence is that he lacks the capacity (tawl) and fears falling into sin, so he is permitted to marry her due to the saying of the Almighty: "And whoever among you cannot reach the capacity [to marry free women]" (15), to the end of the verse. We do not concede that it is impermissible during the subsistence of a free woman's marriage; rather, it is permitted if the two conditions are fulfilled.

Section: If he commits adultery with a woman, it is not permissible for him to marry her sister (16) until her waiting period has ended. The ruling on the waiting period from adultery and the waiting period from intercourse due to a misconception is the same as the ruling on the waiting period from a marriage. If he commits adultery with the sister of his wife, Ahmad said: He must refrain from having intercourse with his wife until she has had three menstrual cycles.