What is the ruling when a guarantor guarantees another guarantor?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 1 · Bab 2

Open in Qurani

Primary text

If a guarantor guarantees another guarantor, and one of them pays the debt, all guarantors are absolved. If the guaranteed party pays the debt, the payer has no right of return against anyone else. If the first guarantor pays, he returns against the guaranteed party, but not against the second guarantor. If the second guarantor pays, he returns against the first guarantor, who then returns against the guaranteed party, provided that each one had given permission to his counterpart. This principle applies if permission was mutual.

Supporting text

If permission was not given mutually between the guarantors, there are two narrations concerning the right of return.