What is the ruling if the *Musallam Ilayh* says to the guarantor, 'Take this on behalf of the debt you guaranteed for me'?
Chapter on Guaranteed Salaf (Advance Payment) for a Specified Term
Al-Mughni
Book of Sales
Primary text
If the *Musallam Ilayh* tells the guarantor, 'Take this concerning what you guaranteed for me,' this statement is invalid. The subsequent taking constitutes an invalid possession (*qabd fassid*) for which the *Musallam Ilayh* remains liable, as he was only entitled to take possession after fulfilling the debt. If the guarantor then delivers this item to the *Musallim*, the guarantor is discharged because he delivered what the *Musallam Ilayh* empowered him to manage. If the guarantor destroys it, he is liable for its value because he took possession under that condition.