What is the ruling when a creditor transfers their right to collect a debt from a debtor who provided two guarantors, and the creditor subsequently instructs the debtor to pay someone else (i.e., performs an assignment of debt/right)?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
When a person owes a debt (one thousand dirhams) and provides two guarantors (*kafeelan*), both jointly and severally liable, the creditor may pursue either guarantor for the full amount. If the original creditor then directs the debtor to discharge the debt by paying a third party (an assignment of the right to claim the debt), both original guarantors are immediately absolved of their guarantee obligations.