that he acted with his father’s permission. The debt is therefore binding on him, and the guarantee on his behalf is valid. If, in reality, he borrowed on his father’s behalf at his father’s instruction, then the debt is the father’s responsibility. Otherwise, the guarantor may require the father to swear that the borrowing was not on his behalf.

Abū al-ʿAbbās was asked:

What about someone who handed his debtor over to a jailer, who then neglected to guard him, allowing him to escape?

He replied:

The jailer, and anyone similarly entrusted with custody of the debtor’s person, stands in the same position as someone who guarantees another’s appearance: he must produce the opposing party. If he cannot produce him—as when the person whose appearance has been guaranteed fails to appear—he is liable for what that person owes, according to our view and that of Mālik.