Demanding the guarantor to pay what is due on the guaranteed party
Machine translationRead the Arabic original
Question:
Honorable Shaykh, is the guarantor compelled to pay what became obligatory on the person he guaranteed if he does not pay what is due on him, as is the case in the issue of car leasing?
Answer:
Yes, this is the benefit of the guarantee. They say to the owner of the car that the one who was guaranteed has the choice: if he wishes, he demands from the guarantor, and if he wishes, he demands from the one who was guaranteed, because his right is obligatory upon both of them, so he demands from whichever of the two he wishes.
Honorable Shaykh, is the guarantor compelled to pay what became obligatory on the person he guaranteed if he does not pay what is due on him, as is the case in the issue of car leasing?
Answer:
Yes, this is the benefit of the guarantee. They say to the owner of the car that the one who was guaranteed has the choice: if he wishes, he demands from the guarantor, and if he wishes, he demands from the one who was guaranteed, because his right is obligatory upon both of them, so he demands from whichever of the two he wishes.
Source
شرح بلوغ المرام من أدلة الأحكام [ صالح الفوزان ]، بداية من باب الصلح — islamhouse.com (1:22:01)
The Arabic text is a machine transcription of the audio recording.