the debt, the creditor may demand that the guarantor pay that debt or whatever remains of it, but may not demand anything beyond what he guaranteed. If he was under his father’s guardianship, his guarantee was not valid. The guarantor may demand payment from the debtors when payment is demanded of him.

He was asked—may Allah have mercy on him:

A man had assumed financial liability for certain properties, which were then established to belong to someone else. He had no cash, but owned property sufficient to cover the value and more. May the creditor have the guarantor imprisoned before that property is sold? What if the guarantor is imprisoned and asks to be allowed out under guard, or to hand over the property to someone who will sell it so that the creditor may receive his due?

He replied:

If he offers to sell his property in the customary manner, he may not be punished by imprisonment or otherwise. Punishment is imposed only for neglecting an obligation or committing a prohibited act. If he offers to discharge his obligation to pay, he has not neglected an obligation. However, if the creditor fears that he may abscond or fail to discharge his liability, he may take precautions, either by remaining with him or by having someone keep watch over him. Placing him under guard is a form of keeping watch over him.

If the judge has imprisoned him and he then offers to sell his property and asks to be enabled to do so, he must be allowed to do so: either by going out under guard or by appointing someone to sell