Does the creditor's release of the principal debtor absolve the guarantor?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the creditor states to the principal debtor, 'I have released you from what I have against you of right' (Abrarātuka 'ammā lī qablaka min al-haqq) or 'I have released [myself] from the debt I have against you' (Bari'tu min ad-dayn alladhī qablaka), the principal debtor is released from the right, and consequently, the guarantee is terminated, because the statement implies generality concerning everything due. If the creditor states, 'I have been released from the debt for which so-and-so guaranteed' (Bari'tu min ad-dayn alladhī kuffilta bihi fulān), both the principal debtor and the guarantor are absolved.