The marital status is fixed for the Muslim women, and the divorce takes effect upon them. So when the remainder convert to Islam, he may marry them, because his divorce did not take effect upon them.

Section: If he converts to Islam and he has eight wives, and four of them convert, he has the choice of them, and he may wait until the remainder convert. If those who converted die, and then the remainder convert, he has the choice of the deceased ones, and he has the choice of the remainder, and he has the choice of some of these and some of those; because the choice is not a contract, rather it is a ratification of the first contract regarding them, and the consideration in the choice is based on the state of its establishment, and at the time of its establishment, they were alive. If one of them converts, and he says, "I choose her," it is permissible. So when he chooses four in this manner, the marriage of the remainder is dissolved. If he says to a Muslim woman, "I choose to dissolve her marriage," it is not valid; because dissolution only occurs regarding those in excess of four, and the choice is for the four, and this is among the group of four. Unless he intends divorce by "dissolution," in which case it takes effect, because it is a metonymy (kinayah), and his divorce of her is his choice of her. If he says, "I choose so-and-so" before she converts, it is not valid; because it is not a time for choice, as she is a woman whose state is drifting towards permanent separation (bayunah), so retaining her is not valid. If he dissolves her marriage, it is not dissolved; because when the choice is not permissible, the dissolution is not permissible. If he intends divorce by "dissolution," or says, "You are divorced," it is suspended; so if she converts and there are no more than four who have not yet converted, or if more convert and he chooses her, we determine that the divorce has taken effect upon her; otherwise, it does not.

Section: If he says, "Whenever one of them converts, I choose her," it is not valid; because it is not permissible to attach the choice to a condition, nor is it valid regarding an unspecified person. If he says, "Whenever one of them converts, I choose to dissolve her marriage," it is also not valid; because dissolution is not attached to a condition, and he does not possess the right to it for any one of them until the number of Muslim women exceeds four. If he intends divorce by it, it is as if he said, "Whenever one of them converts, she is divorced." Regarding this, there are two opinions; one of them is that it is valid, because divorce is valid when attached to a condition, and it includes the choice for her, so whenever one of them converts, it is a choice for her, and she is divorced by his divorce. The second opinion is that it is not valid, because divorce includes the choice, and it is not valid to attach the choice to a condition.