The Difference Between Guarantee and Surety

The questioner:
He does not deserve to say that Allah, when He commands a person to buy a car for cash...

The Shaykh:
when.

The questioner:
When a person wants to buy a car on installment, the seller demands that the money be in the form of a pyramid scheme only. The question is: is this form in the Shari'ah called a guarantee (daman) or a pledge (kafalah)?

The Shaykh:
A guarantor for a debtor is this guarantee, because the meaning of guarantee (daman) is the debtor. People nowadays, the common folk, say "guarantor for a debtor" (kafil gharim) meaning the guarantor (damin). They have come to use the term "pledge" (kafalah) for "guarantee" (daman). There is a difference between them according to the jurists. A pledge (kafalah) is by the person: bringing the person only, without assuming the debt. One has rights over you; you pledged that you would bring him when demanded. You bring him when demanded. You did not assume the debt that is upon him.
So a pledge (kafalah) is by the person: bringing the person only, without assuming the debt that is upon him. This is unlike a guarantee (daman), which is assuming the debt that is upon the person. But some common folk use the term "pledge" (kafalah) for "guarantee" (daman). They call the guarantor (damin) a pledger (kafil), and he is not. Yes.

Another questioner:
Of course.

The Shaykh:
The guarantor (damin) is a guarantor (damin). This is a guarantor (damin), not a pledger (kafil). The guarantor (damin) is the one who guarantees (daman).