a guarantor of his appearance,” without adding anything further, and saying, “I guarantee only his appearance,” insofar as both oblige him to guarantee that person’s appearance. Whoever guarantees a person’s appearance is liable for the debt if he fails to produce him. Likewise, there is no difference between a man saying, “So-and-so lent me one thousand mithqāls,” and saying, “He lent me only one thousand mithqāls,” insofar as both oblige him to repay the thousand mithqāls. Ibn al-Mawwāz’s statement is valid only if the circumstances surrounding the guarantor’s words indicate that he intended to guarantee the person’s appearance without financial liability. For example, he might be told, “Guarantee so-and-so’s appearance for us; if you produce him, you will be discharged from financial liability,” and reply, “I guarantee only his appearance for you,” or something similar.

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There is disagreement concerning someone who says, “I am a guarantor,” or “a surety,” without any indication clarifying his words. One view holds that this is understood as a guarantee of appearance unless he expressly guarantees payment. Another holds that it is understood as a guarantee of payment unless he expressly guarantees appearance. The sounder view is that it is understood as a guarantee of payment unless he expressly states that he guarantees the person’s appearance, because the Messenger of Allah, may Allah bless him and grant him peace, said:

“The guarantor is liable, and the surety is liable.”

If, however, both parties claim that the terms were explicit rather than ambiguous, the guarantor’s account is accepted upon his swearing that he guaranteed only the person’s appearance, and he is discharged from financial liability if he produces that person. This is because he is the defendant, and no one may be held liable for more than he acknowledges against himself. And Allah grants success.