Is guaranteeing the liability/warranty (*Uhdat al-Mabee'*) of a sale valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
Guaranteeing the warranty of the sale, either by the buyer for the seller or by the seller for the buyer, is valid. The buyer's guarantee is for the purchase price if the item turns out to be subject to a right of first refusal (*Istiḥqāq*) or defective upon delivery. The seller's guarantee is for the price if the item is reclaimed due to established rights or returned due to a defect or its value. This guarantee is necessary for establishing security concerning the seller, and it is permissible because it is a guarantee of a price or part thereof, which is a valid obligation stemming from circumstances existing at the time of the contract.
Supporting text
Some Shafi'is prohibited it because it involves guaranteeing something not yet obligatory and guaranteeing an unknown amount. Some argued that the guarantee is only valid after the price has been received by the seller. Another opinion deems guaranteeing the immediate release/clearing (*Khalaas*) of the item invalid if it turns out to be unjustly claimed, as the guarantor cannot physically enforce the release.