Chapter on Guarantees

He was asked—may Allah have mercy on him:

A man acted as guarantor for a particular person, and the creditor demanded payment from him, although the guarantor lacked the means to pay. The creditor brought a claim against him, and he pleaded insolvency. Must he produce evidence, or is his statement accepted upon his oath?

He replied:

If the guarantor was not previously known to possess any assets and pleads insolvency, his statement concerning this is accepted upon his oath, and he need not produce evidence. This is the established position in the schools of al-Shāfiʿī, Ahmad, and others. It is also the position of a group of Hanafi scholars, according to what they have reported concerning the school of Abū Hanīfah. The contrary has also been reported; nevertheless, this is in fact his school’s position, for he does not require him to produce evidence if it becomes clear that the circumstances are as they have described. And Allah knows best.