What is the validity of this phrase: (the guarantor is liable for the debt)?
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success, we have learned that guarantee (daman) is with money, and surety (kafalah) is with the person, so is it valid for the surety to be liable for the debt at the same time?
The Shaykh:
No, the surety for the person only presents the person, and the money is on the one for whom the surety is given; he owes nothing of it.
The questioner:
He says: Is there a ruling for this phrase that is written in some transactions: "guarantor liable for the debt"?
The Shaykh:
No, no, he is not liable for the debt. The surety does not pay the debt. If he pays or becomes liable for the debt, he becomes a guarantor (damin); we do not call him a surety, we call him a guarantor. Yes.
He says: Honorable Shaykh, may Allah grant you success, we have learned that guarantee (daman) is with money, and surety (kafalah) is with the person, so is it valid for the surety to be liable for the debt at the same time?
The Shaykh:
No, the surety for the person only presents the person, and the money is on the one for whom the surety is given; he owes nothing of it.
The questioner:
He says: Is there a ruling for this phrase that is written in some transactions: "guarantor liable for the debt"?
The Shaykh:
No, no, he is not liable for the debt. The surety does not pay the debt. If he pays or becomes liable for the debt, he becomes a guarantor (damin); we do not call him a surety, we call him a guarantor. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، [1282 -2802] ما صحة هذه العبارة: (الكفيل غارم)؟ - الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.