Is personal bailment (guaranteeing the person, Kafalah bi-n-Nafs) valid?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
Personal bailment is valid according to the opinion of the majority of scholars, including Shurayh, Malik, ath-Thawri, al-Layth, and Abu Hanifa. The evidence for its validity includes the saying of Allah: 'He said, I will not send him with you until you give me a solemn pledge from Allah that you will bring him to me, unless you are completely surrounded' (Quran 12:66). Furthermore, whatever is obligatory to be delivered through a contract is obligatory to be delivered through a bailment contract, similar to monetary debts.
Supporting text
Al-Shafi'i, in some of his opinions, considered bailment for the body (al-Badan) to be weak. Some of his followers maintained that it is valid under all circumstances, suggesting the weakness was only in analogy, despite the consensus and textual evidence supporting it. Others among his followers held two views, one being that it is invalid because it is a bailment of a specific entity (Ayn), similar to guaranteeing a specific face or the persons of two witnesses.