Is it required for the guarantor to know the identity of the principal debtor and the beneficiary?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
It is not necessary for the guarantor to know the identities of either the principal debtor or the beneficiary. Evidence for this is found in the actions of Ali and Abu Qatada, who guaranteed debts for individuals they did not know, on behalf of debtors they also did not know. Additionally, because the guarantee is a voluntary commitment of wealth, the knowledge of the recipient of the voluntary act is not a prerequisite, analogous to a vow.
Supporting text
Al-Qadi holds that knowledge of both parties is required so that the guarantor can ascertain if the principal debtor is worthy of receiving such a favor, and so the beneficiary can be identified for payment. Another view suggests that knowledge of the beneficiary is required, but knowledge of the principal debtor is not necessary because there is no transaction between the guarantor and the principal debtor.