Is the remaining guarantor released if only one of two guarantors presents the principal debtor?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If only one of the two guarantors presents the principal debtor, the other guarantor is not released. This occurs because one security obligation has been discharged without the full requirement being met, thus the other obligation remains intact. This situation is analogous to one of the sureties being released or one of two pledged assets being freed from securing the debt.
Supporting text
This situation differs from when the principal debtor surrenders himself, as the debtor is the origin of the obligation for both sureties. If the origin is absolved of what they were guaranteed for, their derivatives are also absolved. However, each guarantor is not a derivative of the other, so one is not absolved merely because the other fulfilled his part of the guarantee.