He was asked:
A man guaranteed another person’s debt without that person’s permission. Is this permissible?
He replied:
Yes, a guarantee of another person’s debt is valid without the debtor’s permission, and the creditor may demand payment from the guarantor. However, if the guarantor pays without the debtor’s permission, may he seek reimbursement from the debtor? The scholars hold two views on this.
One view is that he may seek reimbursement. This is the position of Mālik and the well-known position reported from Ahmad.
The other view is that he may not seek reimbursement. This is the position of Abū Hanīfah and al-Shāfiʿī. And Allah knows best.
He was asked—may Allah have mercy on him:
A man under his father’s guardianship acted, without his father’s consent, as guarantor for some people who had leased an orchard for four years. They subsequently terminated the lease for which he had guaranteed them. A sum remained owing from them, for which a written acknowledgment of debt was drawn up against them separately from the lease. Their guarantor has now been called upon to pay. May payment be demanded of him after the lease has been rescinded?
He replied:
Praise be to Allah. If he guaranteed them, in a manner valid under Islamic law, for their liability in respect of