borrowed, and does not belong to the seller, or he has no authority over it. Thus, if it proves to be rightfully owned by another, or if the sale is invalid, he will guarantee its value to me. This is the warranty of the sold item for the buyer.
As for the warranty of the price for the seller: the small car is the price, so the seller says, “I fear that this small car may be stolen, so I seek someone to guarantee its warranty.” This is valid, because if the price were shown to be rightfully owned by another, the one who paid it would be obliged to guarantee it; hence, guaranteeing it is permissible.
Guaranteeing the warranty of the sold item has benefits: it gives reassurance to the person in whose favor the guarantee is made, and it also facilitates matters for the guaranteed party. Therefore, among the merits of the Shariah is that guaranteeing the warranty of the sold item is valid, whether it concerns the warranty of the price for the seller or the warranty of the item sold for the buyer.
Does guaranteeing the warranty of the sold item include, if a defect is discovered in it, the buyer’s right to recover compensation for the defect? Thus, he says, “If a defect is found in it, I want someone to guarantee my warranty—either to guarantee the compensation due for the defect or to guarantee that I will be able to return it.” Yes, this is permissible.
His statement: “No guarantee of trusts.” That is, it is not valid to guarantee entrusted property, namely, every specific item in one’s possession by permission of the Shariah or by permission of its owner.
Such property is not subject to liability except in the event of transgression or negligence; therefore, guaranteeing it is not valid, because the original holder is not liable. If the original holder is not liable, then nothing may be built upon something that has not been established; thus, the subsidiary guarantor is not liable.
His statement: “Rather, transgression concerning it.” That is, however, it is valid to guarantee transgression concerning entrusted property, because when a trustee transgresses, his status as a trustee ceases and he becomes liable in all cases. It is therefore valid to guarantee such transgression.