What is the ruling when one guarantor assumes responsibility for two creditors, and one of the creditors absolves the debtor or accepts delivery from him?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If one person guarantees the obligation to two others, and one of those two absolves the guarantor or accepts the delivery from him, the guarantor is not absolved from the obligation to the second creditor. This situation is considered equivalent to two separate contracts because the single undertaking involved binding the guarantor to fulfill the obligation to each of the two parties individually. Therefore, fulfilling the obligation to one party only releases the guarantor from responsibility toward that specific party, leaving the right of the other creditor intact, similar to two separate contracts or guaranteeing a debt owed to two individuals where payment to one only discharges that portion.