When is the guarantor liable for the debt if the guaranteed person is absent or production is impossible?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the absence is continuous (inqita') such that his whereabouts are unknown, or if the guaranteed person refuses production when capable, the guarantor is held liable for the debt. Furthermore, if a period passes during which production was possible but not achieved, the guarantor is liable. If the guaranteed person is produced before the due date and there is no harm in accepting custody, acceptance is obligatory.
Supporting text
The Shafi'i school holds that if the absence is continuous and the location unknown, the guarantor is not demanded to produce him, and nothing is incumbent upon him, though he is imprisoned if he refuses production when capable. The scholars have established the obligation of indemnity (ghurm) for past liabilities.