Is guaranteeing the value of specific, tangible goods that are currently held (*A'yaan*) valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
Guaranteeing specific, tangible goods that are currently under obligation, such as a wrongfully possessed item (*Maghsoob*) or a loaned item (*A'riyah*), is valid. This is because these items are already guaranteed by the person holding them, making the guarantee valid, similar to rights fixed upon a person's liability. The guarantee effectively means committing to delivering the item or its value if it is destroyed.
Supporting text
Abu Hanifa and Al-Shafi'i (in one opinion) permit this. Al-Shafi'i, in another view, and some scholars argue against it because tangible items are not fixed upon one's liability (*Dhimmah*), and the guarantee implies guaranteeing an unknown value if the object is lost.