Does a guarantor who assumed liability without the principal debtor's order possess the right to demand recourse before actual payment?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If a person assumes liability for another without that person's order, the guarantor absolutely does not possess the right to demand action from the principal debtor before payment. This is because the guarantor has no established right upon which to base a demand, nor was their liability engaged by permission, making them akin to a non-related third party.
Supporting text
It is stated that this specific issue hinges upon the two established narrations concerning the guarantor's right to recourse against the principal debtor after payment. If the ruling is that the guarantor has no right of recourse, then they have no right to demand anything beforehand. If the ruling is that they do have recourse, then their status becomes identical to one who guaranteed with permission, as previously detailed.