Guaranteeing Stolen Property in the Context of Guaranteeing Fixed Punishments
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. Shaykh Ibn Qasim (may Allah have mercy on him) mentioned in his marginal notes, when discussing the invalidity of guaranteeing in fixed punishments, my approved statement: "This is the opinion of the majority of scholars; because it is not permissible to accept a guarantor for the two [punishments] unless the thief guarantees the stolen property due to the liability for the loss of the stolen item, in which case it is valid, because it is a financial right." So I hope you will clarify this exception.
The Shaykh:
If he guarantees the stolen property, if he guarantees the stolen property, what is it that he guarantees?
The questioner:
The love.
The Shaykh:
He guarantees the demanded property that he will return it to its owner, because this is a guarantee regarding money. Or in the hadith.
He says: Honorable Shaykh, may Allah grant you success. Shaykh Ibn Qasim (may Allah have mercy on him) mentioned in his marginal notes, when discussing the invalidity of guaranteeing in fixed punishments, my approved statement: "This is the opinion of the majority of scholars; because it is not permissible to accept a guarantor for the two [punishments] unless the thief guarantees the stolen property due to the liability for the loss of the stolen item, in which case it is valid, because it is a financial right." So I hope you will clarify this exception.
The Shaykh:
If he guarantees the stolen property, if he guarantees the stolen property, what is it that he guarantees?
The questioner:
The love.
The Shaykh:
He guarantees the demanded property that he will return it to its owner, because this is a guarantee regarding money. Or in the hadith.
Source
شرح زاد المستقنع [52] — alfawzan.live (1:13:06)
The Arabic text is a machine transcription of the audio recording.