Demanding the guarantor of an installment company after several years have passed
Machine translationRead the Arabic original
The questioner:
Honorable Shaykh, may Allah grant you success, I guaranteed a person in an installment company, and he has not paid to this day,
The Shaykh:
But some of the common people, and many of them, express the guarantee as kafalah, and this is not correct. This is a guarantee.
The questioner:
He says: Honorable Shaykh, may Allah grant you success, I guaranteed a person in an installment company, and he has not paid to this day, and several years have passed since then, and the company has not demanded anything from any of us. So, is my guarantee for that person a debt in my liability or in his liability?
The Shaykh:
As long as you are the guarantor, you are liable. As long as the company does not permit it, it does not permit you. If the company permits it and releases you from the guarantee, there is no harm. But as long as you have committed to the guarantee, it is obligatory for you, even if the period is long, until the company releases you. Yes.
Honorable Shaykh, may Allah grant you success, I guaranteed a person in an installment company, and he has not paid to this day,
The Shaykh:
But some of the common people, and many of them, express the guarantee as kafalah, and this is not correct. This is a guarantee.
The questioner:
He says: Honorable Shaykh, may Allah grant you success, I guaranteed a person in an installment company, and he has not paid to this day, and several years have passed since then, and the company has not demanded anything from any of us. So, is my guarantee for that person a debt in my liability or in his liability?
The Shaykh:
As long as you are the guarantor, you are liable. As long as the company does not permit it, it does not permit you. If the company permits it and releases you from the guarantee, there is no harm. But as long as you have committed to the guarantee, it is obligatory for you, even if the period is long, until the company releases you. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 058 من 123 / شرح كتاب زاد المستقنع / البيع / الرهن / صالح الفوزان / الفقه / كبار العلماء — youtube.com (1:03:36)
The Arabic text is a machine transcription of the audio recording.
