When is the guarantee holder permitted to refuse immediate custody of the produced guaranteed person before the term?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 6 · Bab 2

Open in Qurani

Primary text

The guarantee holder is not obligated to accept custody if there is harm involved. Examples of harm include the creditor's evidence being absent, the day not being a court session day, the debt being deferred such that it cannot be claimed from the guaranteed person, or the creditor having promised a postponement during that period. Acceptance is not obligatory in such cases, following the same principle as refusing payment of a deferred debt before its maturity.