Is a guarantee (Kafala) valid if made for a specified term contingent upon the arrival of the guaranteed person within that term, otherwise the guarantor is liable for the debt?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The guarantee is valid. Abu Hanifa and Abu Yusuf uphold its validity. The basis of this validity lies in the fact that the term specified is a requirement and implication of the guarantee itself, making its stipulation permissible, similar to saying, "If you bring him at such a time, otherwise, you have the right to imprison me."
Supporting text
Muhammad ibn al-Hasan and Al-Shafi'i declare this guarantee invalid. They argue that this constitutes suspending the guarantee upon a hazard, which is impermissible, just as suspending it upon the arrival of Zayd is invalid.