Is the surety valid for the debt of a deceased person?
Chapter on Guarantee (Daman)
Al-Mughni
Book of Assignment (Transfer of Debt)
Primary text
The surety is valid for any right due from a person, whether living or deceased, solvent or bankrupt, due to the generality of the wording used. This is the position of the majority of scholars. The evidence for validity includes the Hadith of Abu Qatada and Ali, where they guaranteed the debt of a deceased person who left no estate to pay it. Furthermore, the Prophet (peace be upon him) encouraged its assumption in the Hadith of Abu Qatada by asking, "Will not one of you stand up and guarantee it?" This is explicit on the matter. Moreover, since the debt is established, its guarantee is valid, just as if the deceased had left assets.
Supporting text
Abu Hanifa rules that guaranteeing the debt of a deceased person is invalid unless the deceased left assets sufficient for repayment; if he left partial assets, the surety is valid only to the extent of those assets. This is because the debt is considered voided, like one discharged by forgiveness, and the deceased person's estate is considered utterly ruined, leaving no basis for debt liability to be joined via surety.