Is it permissible for one guarantor to guarantee another guarantor?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
It is not permissible for one guarantor to guarantee another guarantor regarding the primary debt, as the right (liability) is already established in the first guarantor's account through their original guarantee, and a secondary establishment is not allowed. Moreover, the first guarantor is an original obligor in that guarantee, preventing them from becoming a branch obligation in the second guarantee.
Supporting text
However, if two men become surety (*takafful*) for a single man's bodily presence (as opposed to his debt), it is permissible. It is also permissible for each surety to guarantee the other's bodily appearance, as suretyship in this context concerns the body, not the financial liability in one's estate. If either surety brings forth the guaranteed person, both the surety who brought him and the co-surety are discharged from the bodily appearance obligation because the co-surety is a branch of the one fulfilling it. However, the one who brought the person is not discharged from the obligation to bring the person if the original principal subsequently defaults again, because he remains an original surety regarding the physical appearance requirement. Guaranteeing the surety who guaranteed the principal is impermissible because the surety is an original obligor in that guarantee, preventing him from becoming a branch in the second guarantee. If the suretyship is for a right other than this specific case, it is permissible because the second surety is not considered a branch obligation concerning that other right.