Is it permissible for two or more individuals to guarantee the liability of a single person?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 1 · Bab 2

Open in Qurani

Primary text

It is permissible for two or more individuals to guarantee the liability (*dhamn*) for one principal debtor. This guarantee is valid whether each guarantor guarantees the entire sum or only a portion. If each guarantor assumes the entire debt, the principal debtor is discharged upon payment by any one of them. Furthermore, if the principal debtor absolves one guarantor, all guarantors are absolved because they are considered branches stemming from him. However, if only one guarantor is absolved, only that individual is discharged, and the others remain liable, as they are not branches of the absolved party, similar to the principal debtor.