The Ruling on Guarantee and Surety in an Installment Company
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success, are there differences between guarantee (daman) and surety (kafalah)? Yes. Honorable Shaykh, may Allah grant you success, I wrote a check for a person in an installment company, and he has not paid it to this day. But some of the common people refer to the guarantee as surety; which is correct, what is surety? This is a guarantee. Yes. He says: Honorable Shaykh, may Allah reward you, I guaranteed a person in an installment company, and he has not paid to this day, and years have passed since then, and the company has not demanded payment from any of us. Is my guarantee for that person considered a debt in my liability or in your liability?
Answer:
As long as you are the guarantor, you are liable. Unless the company permits it, or the guarantor is released. Otherwise, if the company has not released you, it remains [a debt], even if the period is long, until I hear the statement of the company.
The presenter:
May Allah grant you success
He says: Honorable Shaykh, may Allah grant you success, are there differences between guarantee (daman) and surety (kafalah)? Yes. Honorable Shaykh, may Allah grant you success, I wrote a check for a person in an installment company, and he has not paid it to this day. But some of the common people refer to the guarantee as surety; which is correct, what is surety? This is a guarantee. Yes. He says: Honorable Shaykh, may Allah reward you, I guaranteed a person in an installment company, and he has not paid to this day, and years have passed since then, and the company has not demanded payment from any of us. Is my guarantee for that person considered a debt in my liability or in your liability?
Answer:
As long as you are the guarantor, you are liable. Unless the company permits it, or the guarantor is released. Otherwise, if the company has not released you, it remains [a debt], even if the period is long, until I hear the statement of the company.
The presenter:
May Allah grant you success
Source
قناة «العلامة الدكتور صالح الفوزان»، 141/84 شرح زاد المستقنع/ صالح الفوزان — youtube.com (12:21)
The Arabic text is a machine transcription of the audio recording.
