What is the ruling on the right of recourse when a guarantor pays the debt with the principal debtor's authorization, but the guarantee itself was established without authorization?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
If the guarantee was established without the principal debtor's order, but the guarantor paid the debt with his order, the guarantor has the right of recourse. Our evidence is that he discharged the debt upon the order of the person whose debt it was, establishing a right of recourse, similar to cases where the principal authorized the guarantee or the payment while being the original obligor.
Supporting text
The apparent position of Shafi'i is that there is no recourse because the principal's order to pay is interpreted as pertaining only to what was established by the guarantee. We counter that what is established by the guarantee is merely the discharge of the debtor's liability, which is the debt itself; therefore, whenever he pays it on his behalf with his permission, he is entitled to compensation.