Is the guarantor obligated to present the guaranteed party if the latter is imprisoned by someone other than the judge?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the guaranteed party is imprisoned by someone other than the judge, the guarantor is not obligated to present them while they remain imprisoned, because such detention prevents the creditor from realizing their right.