What is the liability of the personal guarantor if they fail to produce the guaranteed person?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 4 · Bab 2

Open in Qurani

Primary text

If the guarantor is unable to present the person guaranteed while the person is alive, or if the guarantor refuses to present them, the guarantor becomes liable for the obligation. The evidence is the general statement of the Prophet, peace be upon him: 'The guarantor is liable' (Az-Za'im gharim). Moreover, since personal bailment is one of the two types of bailment, liability for payment must attach to it, just as it attaches to monetary bailment.

Supporting text

The majority of scholars hold that the guarantor should not be made to pay monetarily (la yugharram) if they fail to produce the person.