Can the creditor demand payment from the guarantor before demanding payment from the principal debtor?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 3 · Bab 2

Open in Qurani

Primary text

The creditor has the right to demand payment from whomever they choose between the principal debtor and the guarantor because the right is established in the guarantor's liability, granting the creditor the right to demand payment, similar to the principal debtor. Since the right is established against both parties, the creditor may demand from whomever they wish, just as if there were multiple guarantors and the principal debtor could not be pursued. The guarantee is distinguished from a mortgage (رهن) because the debt is tied to a responsible party (a liable person/ذمة) who can be sued, whereas a mortgage is property; one sues the debtor to satisfy the debt either from that specific property or from elsewhere.

Supporting text

A narration from Malik suggests that the guarantor should not be pursued unless demanding payment from the principal debtor proves impossible, treating the guarantee like a mortgage where the original source must be exhausted first.