Does swearing an oath not to guarantee money result in breaking the oath if one guarantees a person's body (surety)?
General Chapter
Al-Mughni
Book of Expiations
Primary text
The oath is broken when one guarantees a person's body after swearing not to guarantee money. This is the position of the Companions of the school (As'habuna). The rationale is that money becomes obligatory upon the guarantor if delivering the guaranteed person becomes impossible. The oath is considered broken because the financial liability is an inseparable consequence of undertaking the surety of the body.
Supporting text
The opposing view holds that the oath is not broken because the person did not directly guarantee money, but rather the body. The financial obligation only arises subsequently upon the impossibility of producing the person. Furthermore, this action is not termed a 'guarantee of money' and denying that one guaranteed money is valid under these circumstances. This opposing view is the doctrine of Abu Hanifa and Al-Shafi'i.