money with him. So he comes to another man who is wealthy and says, “I want to buy merchandise from such-and-such a shop, but I have no money. Give me a guarantee document.” The man then gives him a guarantee document, stating: “Whatever this man borrows from this shop, I guarantee it.” This is an undertaking of an obligation that may arise, though it has not yet arisen.
The jurists permitted such latitude in this matter in order to make things easier for people, so that their affairs may proceed smoothly. This is because the basic principle regarding all transactions is permissibility, unless there is evidence establishing their prohibition. This serves a beneficial interest—namely, guaranteeing an obligation that may arise—so it should not be prohibited even though it involves uncertainty. For he may purchase a large amount, or he may purchase a small amount. Yet, in view of the benefit resulting from it, it has been deemed permissible.
If the guarantor wishes, he may set a limit, saying, for example, “I guarantee whatever he purchases from this merchant up to one thousand riyals.” This is a guarantee of a specified amount, and it is preferable. That is, when a guarantor guarantees an obligation that has not yet arisen, it is preferable for him to specify the amount he guarantees, lest the person guaranteed incur a debt that would seriously burden the guarantor’s wealth.
As for the ruling on a guarantee: with regard to the person whose debt is guaranteed, it is permissible. If someone comes to another and says, “Guarantee me,” that is permissible, just as it is permissible for him to say, “Lend me money.”
With regard to the guarantor, it is a recommended sunnah, because it is an act of kindness, and Allah loves those who do good. However, it is recommended on the condition that the guarantor is able to fulfil the obligation. If he is unable to do so, then concern for helping his brother should not move him to harm himself, for that is a mistake. Nowadays, there are people