What is the legal implication when multiple guarantors use explicit individual affirmation of responsibility?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If each of the guarantors states, 'Each one of us guarantees the thousand for you,' this constitutes a guarantee of both joint and individual liability. The creditor has the option to demand the entire thousand from any one of them. If one of them pays the entire thousand or even just their proportionate share, they have no recourse against the original debtor except for the amount paid, as each guarantor is an original surety and not a guarantor for another guarantor.