specific items—on the condition, stipulated by the author, that they be subject to liability—or debts owed.
His statement, “and for the person who owes a debt,” means that it is valid to stand surety for the person who owes the debt. For example, a man owes someone one thousand riyals. The creditor demands payment and detains him, saying, “Pay me what you owe.” But he has nothing with him, so the creditor says, “I will refer you to the authorities.” Then a charitable person steps forward and says, “I will stand surety for the man.” If he were to say, “I guarantee the debt,” he would become a guarantor for it. But instead he says, “I will stand surety for the man,” meaning that he guarantees to produce him. This is valid.
There is no difference whether the debt arose from a loan, a lease, compensation for property destroyed, the price of goods sold, a dowry, or anything else. What matters is that the debt be established; thus, it is permissible to stand surety for the person who owes a debt.
His statement, “but not a prescribed punishment,” means: not for the person upon whom a prescribed punishment is due.
An example is a thief whom the authorities have detained in order to cut off his hand. He says, “Let me go to my family so that I may tell them that I am liable to have my hand cut off.” The authorities reply, “We will not let you go; the punishment must be carried out now.” The thief then says, “So-and-so will stand surety for me, guaranteeing that I will return.” A man steps forward and says, “I will stand surety for him.” It is not valid for him to stand surety for the thief, because if the thief cannot be produced, the punishment cannot be exacted from the guarantor. What benefit, then, is there in such suretyship? In reality, there is no benefit. By contrast, if money were owed and the time came to produce him but the guarantor did not produce him, we would take the money from him.
Someone may say: Rather, there is a benefit, because this man for whom he stood surety