What is the ruling on the right of recourse when the guarantor pays after the principal debtor becomes unable to pay?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the guarantor pays the debt because recourse against the principal debtor has become impossible, the guarantor has the right to recourse against the principal debtor if recourse against the guarantor's own assets is possible. If recourse against the principal debtor is impossible, the payment is considered a donation. Our evidence is that the authorization for the guarantee implies authorization for payment because the guarantee itself obligates payment, thus establishing a right to reimbursement, just as if the payment had been explicitly authorized.
Supporting text
A third viewpoint states that recourse is allowed only if seeking recovery from the principal debtor has become impossible; otherwise, the payment is considered a voluntary act. Our evidence is that authorizing the guarantee implies authorization for performance, as the guarantee mandates payment, establishing a right to compensation.