How does suretyship (*Kafalah*) compare to guarantee (*Dhaman*) regarding the effect of death?

Chapter on Guarantee (Daman)

Al-Mughni

Book of Assignment (Transfer of Debt)

Book 17 · Issue 6 · Bab 2

Open in Qurani

Primary text

Suretyship shares all the aforementioned rulings with guarantee, but it has an additional rule: If the principal being guaranteed (*al-makfool anhu*) dies, his sureties (*kufala'*) are absolved. If the first surety dies, the second surety is absolved, but the principal being guaranteed is not absolved because the guarantee document is dissolved without fulfillment, resembling a mortgaged collateral (*rahn*).

Supporting text

If the second surety dies, only that second surety is absolved.