Is the guarantor obligated to bring forth the guaranteed person when the guarantee was made without his permission and the guaranteed person does not request his presence?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 5 · Bab 2

Open in Qurani

Primary text

If the guarantee was made without the guaranteed person's permission and the guaranteed person does not request his presence, the guarantor is not obligated to bring him forth because the guarantor did not bind his liability concerning the guaranteed person; rather, the guarantor bound his own liability by his own choice, and thus he cannot establish a right over another person based on that action.