Demanding the Guarantor Instead of the Debtor
Machine translationRead the Arabic original
Question:
He says: Honorable Shaykh, may Allah grant you success. The reality in this time is that when a creditor complains and demands his debt, the competent authorities only take the guarantor and do not demand from anyone else, nor do they deal with the debtors, whether for a little or a lot. What is your opinion on this?
Answer:
Yes. Have you heard that the one with the right is permitted to demand from whichever of the two he wishes? It is permissible to demand from the wrongdoer and leave the wronged one, or the reverse: demand from the wronged one and leave the wrongdoer. He may demand from whichever of the two he wishes. Yes.
He says: Honorable Shaykh, may Allah grant you success. The reality in this time is that when a creditor complains and demands his debt, the competent authorities only take the guarantor and do not demand from anyone else, nor do they deal with the debtors, whether for a little or a lot. What is your opinion on this?
Answer:
Yes. Have you heard that the one with the right is permitted to demand from whichever of the two he wishes? It is permissible to demand from the wrongdoer and leave the wronged one, or the reverse: demand from the wronged one and leave the wrongdoer. He may demand from whichever of the two he wishes. Yes.
Source
شرح زاد المستقنع [52] — alfawzan.live (1:17:46)
The Arabic text is a machine transcription of the audio recording.