What is the ruling on the right of recourse when a guarantor pays the debt after being authorized to guarantee, but without authorization for the specific payment?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the guarantor was authorized to undertake the guarantee but paid the debt without the principal debtor's authorization for that specific payment, the guarantor still has the right of recourse. This view is held by Malik and one of the narrations attributed to Shafi'i.
Supporting text
A second view holds that there is no right to recourse, arguing that the payment was made without the principal's order, similar to a voluntary donation.