has considerable force. Even if the report is authentic in which the Prophet, may Allah bless him and grant him peace, said to Abu Qatada: “Have you paid it, or discharged it on his behalf?” He replied, “Yes.” He said, “Now you have cooled his skin for him.” (1) We do not know this wording to be authentically established. But even if it is authentic, it does not mean that the deceased’s liability had not been discharged; for had his liability not been discharged, the Messenger, may Allah bless him and grant him peace, would not have prayed over him. Rather, he stipulated: “Has the creditor’s right been fulfilled, and has the deceased been discharged from it?” He replied, “Yes.” (2)

The apparent meaning of the author’s words also indicates that, if someone guarantees the debt of a deceased person, the deceased’s liability is not discharged, since he allowed the beneficiary of the guarantee to claim from the deceased’s estate. However, what appears to be correct is that if the guarantor undertakes the liability fully, without intending to seek reimbursement, the deceased’s liability is discharged. But if he undertakes it while intending to seek reimbursement, then it is known that the deceased’s liability—though discharged in the first instance—becomes subject to the right of the second party. Yet the right of the second party does not attach to the deceased’s liability; rather, it attaches to the estate.

If the guaranteed debtor’s liability is discharged, the guarantor’s liability is discharged as well—but not vice versa

His statement: “If the guaranteed debtor’s liability is discharged, the guarantor’s liability is discharged as well—but not vice versa.” How is the guaranteed debtor’s liability discharged?

The answer is: by his paying it. If the guaranteed debtor pays, the liability of