A statement on who is required to provide a pledge or guarantor in a sale
Machine translationRead the Arabic original
Question:
And there is a matter, may Allah preserve him. The author (may Allah have mercy on him) said: If the pledge is drunk or disliked, then who is the one who stipulates? Is it the one who causes harm or the one who seeks? Since he said: a tree seller.
Answer:
The one who stipulates is the owner of the debt, who is the seller. The one who stipulates is the seller, the owner of the right, because his right is in the liability of the buyer. So he requests a guarantor or a pledge. Yes.
And there is a matter, may Allah preserve him. The author (may Allah have mercy on him) said: If the pledge is drunk or disliked, then who is the one who stipulates? Is it the one who causes harm or the one who seeks? Since he said: a tree seller.
Answer:
The one who stipulates is the owner of the debt, who is the seller. The one who stipulates is the seller, the owner of the right, because his right is in the liability of the buyer. So he requests a guarantor or a pledge. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، 23 من 89|شرح العدة في شرح العمدة|البيوع|باب الرهن|صالح الفوزان|الفقه|كبار العلماء — youtube.com (56:08)
The Arabic text is a machine transcription of the audio recording.