What is the liability when one person guarantees the entire value of another's goods thrown overboard, stating the other passengers will also guarantee it?
General Chapter
Al-Mughni
Book of Beverages (Intoxicants)
Primary text
If a person says, 'Throw (your goods) overboard, and I and the ship's passengers will guarantee its value,' and the goods are thrown, there are two views. The primary view, narrated as the explicit position of Al-Shafi'i and stated by Abu Bakr, is that the initial guarantor is solely liable for the entire value because they undertook the complete guarantee, and thus what they undertook is binding upon them. The dissenting view, held by some companions of Al-Shafi'i and supported by Al-Qadi, suggests that if the guarantee was stated as a joint one, such as saying, 'We guarantee it for you,' or 'Each of us guarantees your property,' then the guarantor is only liable for their share. This is because they only guaranteed their portion, and their statement about the others guaranteeing, absent the others' consent, does not constitute a guarantee from the others.
Supporting text
If the person guarantees the whole amount and informs everyone else of their joint guarantee, they are liable for the whole. If the person states they are authorized by the other passengers to guarantee, and the others later deny the authorization, the initial person remains liable for the entire value. If the owner asks, 'Throw your goods overboard, and you guarantee them for me?' and the person replies, 'Yes,' then the person is liable.