the guarantor is discharged as well, because the guarantor is subsidiary; when the principal is discharged, the subsidiary is discharged. Moreover, once the guaranteed debtor’s liability has been discharged, there remains nothing to guarantee.
His statement, “If [his liability] is discharged”: he did not say, “If the guaranteed debtor pays the debt,” because discharge from liability may occur through payment of the debt, through remission, or, for example, through purchasing something that serves as consideration in place of the debt. Thus, the phrase “if [his liability] is discharged” is broader than the phrase “if he pays the debt.”
His statement, “but not vice versa,” means that if the guarantor’s liability is discharged, the guaranteed debtor’s liability is not discharged. The guarantor’s liability may be discharged in one of two ways:
First: the person entitled to the payment may release him, saying, “So-and-so, I have waived your guarantee. Go; you owe nothing.”
Second: the guarantor may pay. If he pays, his liability is discharged; but if he pays intending to seek reimbursement, he may seek reimbursement from the guaranteed debtor. Accordingly, if the guarantor’s liability is discharged, the guaranteed debtor’s liability is not discharged, whether the guarantor’s liability was discharged through payment or through release.
The guarantor’s knowledge of the guaranteed debtor is not required
His statement: “The guarantor’s knowledge of the guaranteed debtor is not required.” Can a person guarantee someone whom he does not know?
The answer is: yes. For instance, he may find someone purchasing something in the market; he does not know him, but feels compassion for him and says, “I guarantee you.” There is no harm in this. But note that in such a case he has exposed himself to a risk: namely, that the guaranteed debtor may fail to pay, whereupon the beneficiary of the guarantee—the person entitled to the payment—comes to him and says, “Pay me.” If he pays him, his right may perhaps be lost, unless Allah makes it easy for that unknown person to come forward.