Is a guarantee valid if one says: 'I guarantee one of these two men'?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 4 · Bab 2

Open in Qurani

Primary text

The guarantee is invalid according to all scholars. This is because the guaranteed person is neither known at the time of the contract nor determinable in the final outcome.