Is guaranteeing liability for trust items (like deposits, rentals, partnership assets) valid if there is no transgression?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If a trust item, such as a deposit (*Wadi'ah*), a rented item, assets in a partnership (*Shirkah*), or a capital item in a venture (*Mudarabah*), is guaranteed without the guarantor having committed any act of transgression or negligence, the guarantee is invalid because the item is not guaranteed by the custodian in the first place.
Supporting text
If the guarantee covers loss resulting from the custodian's transgression or negligence, the guarantee is valid, as this constitutes guaranteeing something that becomes obligatory due to an act, similar to wrongful possession (*Ghasb*) or a loan.