What is the extent of liability for the guarantor if the original debtor (present person) successfully clears himself by an oath after the debt was established against the absent party?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
Some Shafi'i scholars hold that the guarantor is only liable for the original five hundred, not the guaranteed amount, because the primary debtor's oath absolved him of the guarantee, thus it must be dropped for the guarantor. The established ruling is that the full thousand is incumbent upon the absent person because he confessed to it while his creditor claimed it. The oath only suspends the direct claim against the person who swore in appearance, but it does not extinguish the debt resting on his liability. This is evidenced by the fact that if evidence proving the debt against the one who swore surfaces after his oath, the debt becomes due from him and consequently from his guarantor.