Is guaranteeing the delivery of a stipulated mortgage valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If an individual sells an item or lends something with the condition that the lender receives a mortgage over an item, and a third party guarantees the delivery of that mortgage, the guarantee is invalid.
Supporting text
This is because the mortgagor is not obligated to deliver or hand over the item in a manner that binds the guarantor, as the guarantor is only bound by what binds the original party.