Guarantee of Excess in Trusts
Machine translationRead the Arabic original
The questioner:
He says: Honorable Shaykh, may Allah grant you success. The author of the text says that guaranteeing liability is permissible in the case of transgression regarding trusts. And the commentator, who is Ibn Bدران (may Allah have mercy on him), says that guaranteeing liability for transgression regarding trusts is not valid. So what is the correct view in this matter?
The Shaykh:
Otherwise, you will be occupied.
The questioner:
He says: It is valid that guaranteeing liability is permissible in the case of transgression regarding trusts.
The Shaykh:
In the case of transgression regarding the trust, yes, that is correct.
The questioner:
Ibn Bدران says: Guaranteeing liability for transgression regarding trusts is not valid.
The Shaykh:
No, it is not correct. No, it is not correct. No, yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success. Is the well-known view in these times correct?
The Shaykh:
The statement of al-Matam is correct, yes.
He says: Honorable Shaykh, may Allah grant you success. The author of the text says that guaranteeing liability is permissible in the case of transgression regarding trusts. And the commentator, who is Ibn Bدران (may Allah have mercy on him), says that guaranteeing liability for transgression regarding trusts is not valid. So what is the correct view in this matter?
The Shaykh:
Otherwise, you will be occupied.
The questioner:
He says: It is valid that guaranteeing liability is permissible in the case of transgression regarding trusts.
The Shaykh:
In the case of transgression regarding the trust, yes, that is correct.
The questioner:
Ibn Bدران says: Guaranteeing liability for transgression regarding trusts is not valid.
The Shaykh:
No, it is not correct. No, it is not correct. No, yes.
The questioner:
He says: Honorable Shaykh, may Allah grant you success. Is the well-known view in these times correct?
The Shaykh:
The statement of al-Matam is correct, yes.
Source
شرح أخصر المختصرات في الفقه، فصل: وكل ما جاز بيعه جاز رهنه — islamhouse.com (1:01:53)
The Arabic text is a machine transcription of the audio recording.