What is the ruling on the right of recourse when the guarantee and the payment were both made without the principal debtor's authorization?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
There are two narrations concerning the case where the guarantee was established without the principal debtor's order, and the payment was also made without his order. One narration states that the guarantor has the right to recourse for the amount paid. This is the view of Malik, Abdullah ibn al-Hasan, and Ishaq. The second narration states that the guarantor has no right of recourse whatsoever. This is the position of Abu Hanifa, Shafi'i, and Ibn al-Mundhir, supported by the Hadith of Ali and Abu Qatadah, based on the premise that if they had the right to recourse against the deceased, the debt would belong to them, and the deceased's estate would be indebted to them, similar to the original debtor, yet the Prophet peace be upon him did not offer funeral prayer over him (implying no established debt on the estate). They also argue that the payment was a voluntary act, similar to feeding one's own animals without order.
Supporting text
The argument supporting the right of recourse is that the payment discharges a mandatory debt, thus it should be the responsibility of the one to whom the debt was owed, similar to a judge who enforces payment on behalf of a refuser. Regarding Ali and Abu Qatadah, they intended both the payment and the guarantee as a voluntary act to discharge the deceased's liability so that the Prophet could pray over him, despite knowing the deceased left no estate. A volunteer has no right of recourse; the disagreement is only concerning one who pays intending recourse.