Is a guarantee valid if a currently due debt (Dain Hal) is guaranteed to be paid later (Mu'ajjal)?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 1 · Bab 2

Open in Qurani

Primary text

The guarantee is valid when a currently due debt is guaranteed to be paid at a future specified time. The payment obligation remains current upon the principal debtor (Al-Madmun 'Anhu) but becomes deferred (Mu'ajjal) upon the guarantor (Al-Damin). The creditor may only claim payment from the principal debtor until the deferred term expires. This position is held by Al-Shafi'i and Imam Ahmad, who ruled that if a person guaranteed a debt due in three years, it remains due in three years for the guarantor. The evidence for this is the narration from Ibn 'Abbas concerning a man who owed ten dinars and brought a guarantor to the Prophet, peace be upon him. The Prophet acted as the guarantor, promising payment within a month, and subsequently paid it, stating there was no benefit in the source of the money obtained by the debtor. The legal reasoning is that since a deferred contract was entered into for a debt, the term remains deferred, similar to a sale contract. Furthermore, the right only becomes deferred upon its initial establishment concerning the guarantor, as it was not previously due from him immediately.

Supporting text

An objection arises regarding how a currently due debt can become deferred for the guarantor when it cannot be deferred for the principal debtor. The response is that the right becomes deferred at the initiation of its establishment regarding the guarantor, as it was not immediately binding upon him. It is permissible for the obligation on the guarantor to differ from that on the principal debtor, evidenced by the case where the principal debtor dies while the debt is deferred.