What is the ruling regarding the right of recourse (*ruju'*) for a guarantor who pays the debt voluntarily without intent to seek return?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 3 · Bab 2

Open in Qurani

Primary text

If the guarantor pays the debt intending it as charity (*muhtasiban*) without intending to seek recourse from the principal debtor, then he has no right to recourse. This is because the payment is considered a voluntary act, akin to Sadaqah (charity). This ruling applies whether the guarantee was executed with the principal debtor's order or without it.