Is a guarantee valid if it includes a condition requiring the guarantee holder or the guaranteed party to undertake a guarantee for another person, assume a debt for the guarantor, sell him a specified item, or rent their house to him?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 3 · Bab 2

Open in Qurani

Primary text

A guarantee or surety is invalid if the guarantor stipulates that the guarantee holder or the guaranteed party must guarantee another person, assume a debt owed by the guarantor, sell him a specific item, or rent their house to him. This is invalid based on the principle established regarding the invalidity of conditions that involve the dissolution of a contract within a contract.