Does a debt secured by a guarantor become immediately due upon the death of either the guarantor or the principal debtor?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
There are two narrated opinions regarding whether the deferred debt becomes due immediately upon the death of either the guarantor (ضامن) or the principal debtor (المضمون عنه). If the ruling is that the debt becomes due upon the death of one party, it does not become due from the other, as debt does not become immediately due upon the death of someone else. If the deceased is the principal debtor, the creditor may not demand payment from the guarantor before the original term. If the guarantor pays before the term, this is considered a voluntary acceleration of payment. If the deceased is the guarantor, and the creditor recovers the debt from the estate, the heirs of the guarantor cannot demand payment from the principal debtor until the original term arrives, as the debt is deferred for the principal debtor. This aligns with the position of Al-Shafi'i.
Supporting text
The alternative view, narrated from Zufar, suggests that the principal debtor can be demanded immediately because the guarantor entered the arrangement knowing that the debt would become due upon his death. The opposing argument counters that the debt was entered into as a deferred obligation, and its maturity stems from a matter originating from the guarantor's side, similar to paying before the due date.