If a deferred debt is guaranteed to be paid immediately (Hal), does the payment term become immediate for the guarantor?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If a deferred debt is guaranteed to be paid immediately, the payment term does not become immediate, and the guarantor is not obligated to pay before the original due date. This is because the guarantor is derivative to the principal debtor, and thus cannot be held to an obligation that does not bind the principal debtor. Furthermore, if the principal debtor voluntarily obliged himself to expedite the payment, it would not be binding upon him, making it even less binding upon the guarantor. Since guarantee constitutes an assumption of a debt in the liability, one cannot assume an obligation that the principal debtor is not obligated to fulfill.
Supporting text
If the guarantor pays the deferred debt immediately, he cannot seek recourse (Ruju') before the original due date based on the narration that permits recourse if one pays a debt without permission. The distinction between this case and the prior one is that a currently due debt is established and demandable at all times, so guaranteeing it as deferred constitutes assuming only part of the obligation. However, a deferred debt is not demandable until its term; guaranteeing it immediately means assuming an obligation not incumbent upon the principal debtor, similar to guaranteeing twenty when the debt is ten.