“The guarantor is liable.” This ḥadith was recorded by Abū Dāwūd and al-Tirmidhī, who declared it sound (ḥasan). In the wording of the report, the term zaʿīm denotes the guarantor, while ghārim means the one who settles a debt that has become binding upon him. This is the position adopted by the majority of jurists.

Some scholars, however, hold that the creditor may not seek payment from the guarantor unless recourse to the principal debtor has proved impossible. Guarantee, they argue, is a subsidiary commitment and should not be invoked so long as the primary obligor can be pursued. They liken it to collateral: just as the pledged property is only taken when the pledger cannot be made to pay, the guarantor should only be approached when the debtor is unreachable or incapable of payment. Moreover, common custom regards it as offensive to demand settlement from the guarantor while the debtor himself is present and solvent; by general consensus, the guarantor is only approached when the creditor cannot reach the debtor or the debtor is unable to discharge the debt. This is essentially what Imām Ibn al-Qayyim explained, concluding, “As you can see, this view is quite compelling.”

Another ruling is that the guarantor’s liability is not extinguished unless the principal debtor’s liability is extinguished, whether through remission or full repayment. The guarantor’s obligation branches out from, and follows, the obligation of the debtor; the guarantee is merely a security. Consequently, once the original liability ceases, the security falls away—just like a pledge.

It is also permissible for several people to act as guarantors. Two or more persons may guarantee the same debt, whether each of them assumes responsibility for the entire amount or for a specified share of it. None of them is released from liability unless the others are likewise released, and they are all discharged the moment the principal debtor himself is cleared of the debt.