Section: If a dhimmi has a claim of wine against another dhimmi, and a third dhimmi stands surety for it, and then the creditor or the person for whom the suretyship was provided embraces Islam, both the surety and the person for whom the suretyship was provided are absolved. Abu Hanifa said: If the person for whom the suretyship was provided embraces Islam, neither of them is absolved, and both are obligated to pay the value of the wine, because it was an obligation that had not been waived nor fulfilled, and the creditor did not act in a way that would waive his right, so it remains as it was. Our position is that the object of the suretyship is a Muslim, so the wine is not legally binding upon him, just as if he were a Muslim before the suretyship was established. If the person for whom the suretyship was provided is absolved, his surety is absolved, just as if he had performed the debt or had been absolved therefrom. Furthermore, if the creditor embraces Islam, both are absolved, and the same applies if the person for whom the suretyship was provided embraces Islam. If the surety alone embraces Islam, he is absolved of the suretyship, because it is not permissible for the obligation of wine to be binding upon him while he is a Muslim.

Section: If he says, "Give one thousand to so-and-so," and he does so, he cannot seek reimbursement from the one who gave the order, and this does not constitute a suretyship (kafala) or a guarantee (daman), unless he says, "Give it on my behalf." [Abu Hanifa said: He may seek reimbursement from him if he is his business partner (khalit), because it is customary to borrow from one's partner. Our position is that he did not say, "Give it on my behalf," so the guarantee is not binding upon him, just as if he were not his partner. It is also not binding if he has wealth of his own with him and says, "Give it to so-and-so," in which case it is binding, not because of this statement, but because there is a right upon him that he is obligated to perform.]

Section: If a ship is at sea carrying cargo, and its sinking is feared, and one of the people on board throws his cargo into the sea to lighten the vessel, he cannot seek compensation from anyone, regardless of whether he threw it out expecting reimbursement or voluntarily, because he destroyed his own property by his own choice without any guarantee. If one of the others says to him, "Throw your cargo," and he throws it, the same applies, because he did not compel him to throw it, nor did he guarantee it for him. If he says, "Throw it," and I am responsible for its guarantee," and he throws it, then the one who spoke is responsible for its guarantee. This was mentioned by Abu Bakr, because the guarantee of that which is not yet a liability is valid. If he says, "Throw it, and I and the passengers of the ship are guarantors for you," and he does so, Abu Bakr said: The speaker alone is responsible for the guarantee, unless the others do it voluntarily. The Qadi said: If it is a shared guarantee, he is only responsible for his own share, because he did not guarantee everything; he only guaranteed his own share and spoke on behalf of the other passengers regarding the guarantee of the remainder, so his share is binding upon him, but his statement is not accepted regarding the others. If it is a shared and individual guarantee, such as if he says, "Each one of us is a guarantor to you for your cargo or its value," then the speaker is responsible for the entire guarantee, whether he said this while the others were listening and they remained silent, or they said, "We will not do it," or they did not hear him; for their silence does not impose a right upon them.

Section: Muhanna said: I asked Ahmad about a man who has a claim of one thousand dirhams against another man, and he set up two sureties for it, each of whom is a surety and guarantor, so that he may take his right from whichever of them he wishes, and then the creditor assigned the debt (ahala) to someone else for his right. He said: Both sureties are absolved. I said: What if the one to whom he assigned the debt dies without leaving anything? He said: He has nothing, and the thousand is lost.