The Escape of the Guaranteed Person from His Guarantor and the Difference Between Guarantee and Surety
Machine translationRead the Arabic original
Question:
Honorable Shaykh, may Allah grant you success. We say that in this era there is what is called the guarantor and the guaranteed person. So, if the guaranteed person escapes from his guarantor, is he considered like a runaway slave such that his prayer is not accepted?
Answer:
No, no. Guarantee (kafalah) is the commitment to bring the required person when he is needed. One says, "I guarantee him and I will bring him," and he does not bear what is owed by the guaranteed person; he does not bear what is owed by him, but he takes responsibility for his presence. He is compelled to bring him if possible. If he dies, or if he has not escaped and one is unable to bring him, the guarantee ends; he has no recourse in it. Yes. Guarantee is not surety (daman). Surety is with money, whereas guarantee is with the person, meaning he brings the required person when he is needed. Yes.
Honorable Shaykh, may Allah grant you success. We say that in this era there is what is called the guarantor and the guaranteed person. So, if the guaranteed person escapes from his guarantor, is he considered like a runaway slave such that his prayer is not accepted?
Answer:
No, no. Guarantee (kafalah) is the commitment to bring the required person when he is needed. One says, "I guarantee him and I will bring him," and he does not bear what is owed by the guaranteed person; he does not bear what is owed by him, but he takes responsibility for his presence. He is compelled to bring him if possible. If he dies, or if he has not escaped and one is unable to bring him, the guarantee ends; he has no recourse in it. Yes. Guarantee is not surety (daman). Surety is with money, whereas guarantee is with the person, meaning he brings the required person when he is needed. Yes.
Source
المنتقى من أخبار سيد المرسلين 18-02-1435هـ — alfawzan.live (53:55)
The Arabic text is a machine transcription of the audio recording.
