Does a guarantor who paid the debt have the right to recourse against the principal debtor if the creditor acknowledges the payment?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the principal debtor does not acknowledge the payment made by the guarantor, the guarantor has no recourse against him. If the principal debtor acknowledges the payment, but the guarantor paid without witnesses while the principal debtor was absent, the guarantor recovers nothing, regardless of whether the principal debtor affirms or denies the payment, because the guarantor was authorized to perform an acquittal (discharge) which did not materialize. If the payment was made with valid proof, the right is established. If the proof involved a deceased or absent witness, the guarantor has recourse against the principal debtor because the latter acknowledges the guarantor did not fall short or act negligently.
Supporting text
If the payment was made with proof subsequently invalidated due to an apparent cause, such as overt disbelief or immorality, the guarantor does not recover due to his negligence, as this proof is treated as non-existent. If the invalidation was due to a hidden cause, like concealed immorality, or if the testimony was disputed—such as two slaves testifying or a single witness—or if the witness was deceased or absent, there is a possibility of recourse, as the guarantor used legitimate testimony, and the assessment of character is not his responsibility. Alternatively, there is no recourse because the witness's testimony is not legally sufficient to establish the debt.