مسائل المنتخبه (Articles Of Islamic Acts) - الخوئي، السيد أبوالقاسم - الصفحة ٤٨٦ - ORDERS REGARDING STANDING SURETY (ZAMANAT)
and sane, and have not been coerced by anyone. Furthermore, they should
not be prodigals andbankrupt. However, these conditions are not
applicable to the debtor, for example, if a person stands surety to
repay the debt of s child, an insane person or a prodigal,
thearrangement is in order.
٢٣٢١. When a person gives a guaranty and says:
"If the debtor does not repay your debt I shall pay it" showing that he
becomes responsible for the debt anddischarges the responsibility in the
event of the debtor not repaying the debt, it is not unlikely that the
guarantee thus given may be in order and in the event of thedebtor not
making repayment the creditor can demand the debt from the surety.
٢٣٢٢. If a person wishes to take loan from
another person and a third man says to the person advancing the loan: "I
stand. surety for him to repay the loan" it is notunlikely that if the
person taking the loan does not repay it, the creditor may demand it
from the surety.
٢٣٢٣. A person can stand surety for someone when
the creditor, the debtor and the thing given as loan are actually
specified. In case, therefore, there are twocreditors of a person and
another person says: "I guarantee to pay the debt of one of you" his
guarantee is valid, because he has not specified as to whose debt he
would pay.Furthermore, if a person is the creditor of two others and
another person says: "I guarantee to pay you the debt of one of them"
his guarantee is void as he has not specifiedas to which persons debt he
would pay. Similarly if for example a person has to take (in the
capacity of creditor) ٣٠ kilos of wheat and $ ١٠ from another person and
a thirdperson says; "I guarantee to pay one of your two debts and does
not specify whether he guarantees payment or wheat or money the
guarantee is not in order.
٢٣٢٤. If a creditor excuses the surety from payment of debt the surety cannot take anything from the debtor and if the creditor