What is the procedure if the guarantee holder refuses to accept custody of the produced guaranteed person when there is no obstructing hand?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the guarantee holder refuses to accept custody when there is no harm in receiving the guaranteed person, the guarantor is absolved because he has presented what was required to be delivered to his opponent and sought its acceptance in a manner that causes no harm upon receiving it, similar to goods sold on credit (Muslam fihi). Some Hanbali scholars suggest the guarantor should have two men witness the refusal, then he is absolved, as he performed the action contracted for. The most sound opinion is that the guarantor is not obligated to deliver the person to a deputy, such as a judge, if the rights holder (the creditor) is present.
Supporting text
The Qadi stated that the guarantor should refer the matter to a judge for acceptance. If no judge is available, the guarantor should have two witnesses attest to the presentation and the guarantee holder's refusal.