Section: If he marries two sisters while in a state of disbelief, and then he and both of them convert together before consummation, and he chooses one of them, then there is no mahr (dower) for the other, because it became clear that the separation occurred due to all of them converting to Islam; thus, she is not entitled to a mahr, just as if he were to annul the marriage due to a defect in one of them. This is because it is a marriage that is not permitted to remain in Islam, so no mahr is due for it if he has not consummated the marriage, just as if a Magian were to marry his sister, and then they both converted before consummation. The same ruling applies to what exceeds four [wives] if they all convert before consummation, and he chooses four, and the marriage of the remaining ones is annulled; they have no mahr, for the reason we have mentioned. And Allah knows best.

1169 - Issue: He said: (And if they are a mother and a daughter, and he converts and they both convert together before consummation, the marriage of the mother is void, and the marriage of the daughter is established. If he had consummated with the mother, both marriages are void.)

The discussion on this issue is in two sections:

The first: If their conversion all occurs before consummation, then the marriage to the mother is void, and the marriage to the daughter is established. This is one of the two opinions of Al-Shafi'i, and the choice of Al-Muzani. He said in the other: He may choose whichever of the two he wishes, because the contract of the mushrik (polytheist) only has the ruling of validity when it is joined with choice; thus, if he chooses the mother, it is as if he did not contract with the daughter. Our evidence is the saying of Allah the Exalted: {And the mothers of your wives} (Quran 4:23). And this is the mother of his wife, so she enters into the generality of the verse. Furthermore, she is the mother of his wife, so she is haram (forbidden) to him, just as if he had divorced her daughter while in his state of disbelief. Also, if he were to marry the daughter alone, then divorce her, her mother would be forbidden to him if he had converted; so if he does not divorce her and holds on to her marriage, it is even more appropriate. Their statement that the contract is only valid by the joining of choice is incorrect, for the marriages of disbelievers are valid and the rulings of validity apply to them. Likewise, if she were alone, her marriage would be valid and binding without any choice, which is why the choice was delegated to him here. It is not valid for him to choose one whose marriage is not valid, and the mother is singled out for the invalidity of her marriage because she becomes forbidden upon the mere act of contracting with her daughter forever, so it is not possible to choose her, whereas the daughter does not become forbidden before consummation by her mother, so the marriage to her is confirmed, unlike the case of two sisters.