Does a guarantor who assumed liability with permission have the right to demand that the principal debtor absolve them of the liability?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If a guarantor assumes liability for someone with that person's permission, and the guarantor is held liable, the guarantor possesses the right to demand that the principal debtor clear that liability. This is because the obligation to pay on behalf of the principal arose from their command, establishing the right of the guarantor to demand the exoneration of their responsibility. If the guarantor does not demand this action, they do not possess the right to demand it from the principal debtor, because the guarantor cannot seek recourse for the debt before actually paying the guaranteed amount, and therefore cannot demand discharge before the principal requests it.
Supporting text
There is an alternative view holding that the guarantor does have the right to demand discharge because their liability was engaged with permission, meaning they can demand the emptying of their liability, similar to a situation where an owner permits someone to borrow a slave who is then pawned; the owner has the right to demand the redemption of the slave from the pawn. However, the first opinion is stronger.