The creditor’s waiver of the debt in favor of the guarantor
Machine translationRead the Arabic original
Question:
And Honorable Shaykh, this is Allah, I hope you will clarify the issue of reciting the Qur'an, not pronouncing the original, and what this means. If the creditor leaves the debt to the guarantor and waives it in his favor, does the guarantor have a right to claim the debt from the debtor? The questioner says: The impossible one is the guarantor.
Answer:
If the creditor leaves the right to the guarantor and says, “Take it from the one for whom you guaranteed,” meaning he gave it to him as a gift, then if he gave it to him, there is no money in it. So, he has the right to claim it from the one for whom he guaranteed.
And Honorable Shaykh, this is Allah, I hope you will clarify the issue of reciting the Qur'an, not pronouncing the original, and what this means. If the creditor leaves the debt to the guarantor and waives it in his favor, does the guarantor have a right to claim the debt from the debtor? The questioner says: The impossible one is the guarantor.
Answer:
If the creditor leaves the right to the guarantor and says, “Take it from the one for whom you guaranteed,” meaning he gave it to him as a gift, then if he gave it to him, there is no money in it. So, he has the right to claim it from the one for whom he guaranteed.
Source
قناة «العلامة الدكتور صالح الفوزان»، 21 من 89|شرح العدة في شرح العمدة|البيوع|باب الحوالة والضمان|صالح الفوزان|الفقه|كبار العلماء — youtube.com (57:57)
The Arabic text is a machine transcription of the audio recording.
