Issue No.1981- If a creditor bestows the debt upon the guarantor, the guarantor cannot claim anything from the former debtor, also in case the creditor gives up a part of his debt, he cannot demand that part from the debtor.
Issue No.1982- The guarantor cannot revoke the surety bond without the consent of the creditor, however there is no harm if the guarantor or the creditor stipulates this option in the agreement it will be in order.
Issue No. 1983- If a person was capable of paying the debt of the creditor at the time he stood as a surety, the creditor cannot cancel his guarantee and demand the payment from the first debtor, even if the guarantor may have become poor afterwards. And the same rule will apply if the surety at the time of guaranteeing was not capable of paying the debt, yet the creditor agreed to his becoming the guarantor despite knowing it. However, if the surety at the time of guaranteeing was not capable of paying the debt, and the creditor was not aware of it, and he comes to know about it afterwards, he can cancel his guarantee.
Issue No.1984- If a person guarantees the payment of the debt of a person, without obtaining his permission, he (the guarantor) cannot demand anything from the debtor, but if it has been with his permission, he can demand it from him after the payment of the debt to the creditor.
Issue No.1985- If a person has a right on someone else (for example, he is owed a debt, penalty, blood money, or any other right), or he claims a right which is acceptable, and if another person accepts to be personal surety for the defendant so that the owner of the right or the plaintiff let him go free and when the creditor or the plaintiff asks for the defendant, he (the bailsman) takes the responsibility for the appearance of the defendant before him, this agreement is called kafālah (bail agreement) and the person who accepts such a responsibility is called the kafīl (bailsman).
Issue No. 1986- A personal surety can be pronounced in words in any language, for example, if the guarantor says to the creditor, “I guarantee to produce the debtor in person as and when demanded by you”, and the creditor also accepts it, or they do something that implies the above meaning, whether it is through signing a document or any other thing, the Kafalat (personal surety) will be in order.
Issue No.1987- In a bail agreement, the consent of the person who owes something to someone else is not necessary, therefore, the consent of the debtor is not a condition.
Issue No.1988- The bailsman must be mature, sane and not be coerced to do so and should be able to turn in the person whose guarantor he becomes.
Issue No.1989- The following cases will terminate the bail agreement:1) When the debt of the creditor is paid off.2) When the creditor himself forgives the debt.3) When the debtor dies.4) When the guarantor hands over the debtor or the accused person to the creditor or the plaintiff.5) When the creditor absolves the bailsman from his obligation.6) When the bailsman dies.7) When the creditor hands over his debt by transfer (ḥawālah) or any other way to someone else.
Issue No.1990- If a person gets a debtor released from the hands of his creditor by force and the creditor has no access to the debtor the person who has got the debtor released should hand him over to the creditor or pay his dues. In case a person or persons take over a murderer from the hands of the owner of blood money [in Islamic justice] and let him escape, the Mujtahid or his representative can jail that person or those persons until they hand over the murderer through their own relatives, and if it is not possible to hand over the murderer, they should pay the blood money of the murdered person.
Issue No.1991- If the bailsman proceeded the agreement with the permission of the person in debt while the guarantor has repaid the debt to the creditor, he has the right to take it from the debtor, but if it was not with the consent of the debtor, he has no right to do so.
Issue No.1992- Wadī‘ah means that one deposits his property with another person for protection and safeguarding. If the owner of a property states verbally or without even uttering a verbal formula makes the other person understand that he is giving him that property for safeguarding, and the other person also takes it with the same intention, he should act in accordance with the relevant rulings pertaining to custody (wadī‘ah).
