When is the guarantor absolved of responsibility if the guaranteed person is produced immediately?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the guarantor produces the guaranteed person, and there is an oppressive intervening hand (yad ha'ilah zalimah), the guarantor is not absolved, and the guarantee holder is not obligated to accept custody, as his objective is not achieved. However, if there is no intervening hand, the guarantee holder must accept custody. Upon acceptance, the guarantor is absolved from the guarantee. This is because the contract is for an action (work), and absolution occurs upon the completion of the contracted action, analogous to a lease (Ijarah).
Supporting text
Ibn Abi Musa stated that absolution does not occur until the guarantor explicitly states, 'I have absolved myself to you regarding him,' or 'I have delivered him to you,' or 'I have removed myself from his guarantee.' However, the primary opinion holds that absolution is achieved through the action itself.