He—may Allah have mercy on him—was asked:
A group of people had someone stand surety to a man, the guarantor’s undertaking being to produce the person concerned at the court’s prison. Can the man require them to bring that person to his house?
He replied:
If the guarantor hands him over to the creditor in the court’s prison, he is thereby discharged and is not obliged to have him taken out of prison for the creditor. Rather, the creditor may then claim and recover what is owed to him in accordance with Islamic law, even while the debtor is imprisoned. The judge may have him brought out of prison to litigate with his creditor, then return him there. None of the leading Muslim jurists holds that the guarantor is obliged to bring him to the creditor while he is in the court’s prison.
He also replied:
If the guarantor whom they charged with securing the person’s appearance hands him over in the court’s prison, they are discharged from the guarantee. Those to whom he owes obligations may then recover their due from him. If they need to bring a claim against him, they must be allowed to have him brought before the court and pursue their claim against him. This is the position of the leading Muslim jurists, including Mālik, Ahmad, and others.