Is guaranteeing the capital of a forward sale (*Maal al-Slam*) valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
Guaranteeing the capital of a forward sale (*Slam*) is valid in one of the narrations, and this narration is stronger. This is because the capital constitutes a fixed debt, and guaranteeing fixed debts is valid, similar to guaranteeing rent or the price of a sold item.
Supporting text
Another narration invalidates the guarantee, as it leads to the taking of the delivered good (*Muslamun fih*) from someone other than the seller without him being subject to the transaction (*Muslamun ilayh*), akin to guaranteeing a transfer of debt (*Hawaalah*). Another opinion states that guaranteeing the written obligation/contract (*Maal al-Kitabah*) of a contracted slave is invalid, as the contracted slave may intentionally default on the terms or refuse payment, meaning the obligation is not definitively fixed, thus the guarantor is also not bound.