When is the guarantor obligated to produce the guaranteed person if the guarantee is for a deferred term?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the guarantee is deferred, production is not obligatory before the due date, analogous to a deferred debt. Upon the term's arrival, if the guaranteed person is produced and delivered, the guarantor is absolved. If the guaranteed person is absent, has apostatized (murtadd), or has defected to enemy territory (Dar al-Harb), he is not seized for the right until a period sufficient for travel to and return from that location has passed.
Supporting text
Ibn Shubrumah opined that the guarantor should be imprisoned immediately because the right has already been directed toward the guaranteed person. The sound view requires the possibility of delivery for the obligation to be due.