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.