Who holds the binding statement when a guarantor claims to have paid a debt, the creditor denies it, and the guarantor lacks proof?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The statement of the creditor (the one for whom the guarantee was made) is accepted. This is because the creditor is asserting that the money was delivered to someone he did not trust, making the denier's statement prevailing. The creditor retains the right to pursue either the guarantor or the principal debtor.