the contract is invalid. It is known that if the implication of the contract is that both men may be pursued for payment, then stipulating that the guarantor may not be pursued unless it becomes impossible to pursue the guaranteed debtor contradicts the implication of the contract. However, the correct view—even if we hold that the creditor may pursue both men—is that if the guarantor stipulates that he may not be pursued unless it becomes impossible to pursue the guaranteed debtor, this is a valid stipulation, due to the generality of the statement: “Muslims are bound by their stipulations, except a stipulation that makes lawful what is unlawful or makes unlawful what is lawful.” (1) This stipulation neither makes anything unlawful lawful nor makes anything lawful unlawful. At most, the person entitled to payment has voluntarily relinquished his right to pursue the guarantor. He has waived a right granted to him by the Sacred Law, and this does not contravene it.

It is understood from the author’s words that the guaranteed debtor is not discharged of liability when the guarantor undertakes the debt, because he said: “He has the right to pursue them both.”

Some scholars said: If someone guarantees the debt of a deceased person, the deceased is discharged of liability, because the deceased has no legal liability. Thus, when someone guarantees his debt, there remains only one liability—that of the guarantor—because the guarantor’s liability remains operative, unlike that of the deceased.

They cited as evidence that when Abu Qatada, may Allah be pleased with him, guaranteed the two dinars owed by the deceased, the Prophet ﷺ stepped forward and prayed over him, and said: “Has the right of the creditor been fulfilled, and has the deceased been discharged of the two dinars?” He replied: “Yes.” (2) This indicates that when one guarantees the debt of a deceased person, the deceased is discharged of liability. This is likewise what we said regarding collateral: if a person dies owing a debt secured by collateral sufficient to settle it, then his liability is discharged. There is no doubt that this view