case of the two views, the guaranty of the fee in a reward contract (ju'ala) before the work is done, even though nothing has become obligatory yet. Among the rulings is that when the guaranty is valid, the guarantor is obligated to fulfill what he has guaranteed, and the one for whom the guaranty was made has the right to demand it from him. We know of no disagreement regarding this; it is the benefit of the guaranty, and the saying of the Prophet (peace be upon him), 'The guarantor is a debtor (al-za'imu gharim),' and the etymology of the word, point to it. Among the rulings is the validity of guaranteeing on behalf of every debtor against whom a right has become obligatory, whether alive or dead, solvent or insolvent; due to the generality of the wording regarding it. This is the opinion of the majority of scholars. Abu Hanifa said: It is not valid to guarantee the debt of a deceased person unless he left behind enough to cover it. If he left behind partial coverage, its guaranty is valid only to the extent of what he left behind, because it is a lapsed debt, so its guaranty is not valid, just as if it had lapsed through a waiver (ibra'), and because his liability has decayed in a way that it cannot be restored thereafter; thus, no debt remains in it, and guaranty is the joining of one liability to another in assuming it. Our evidence is the hadith of Abu Qatada and Ali, for both of them guaranteed the debt of a deceased person who did not leave behind enough to cover it. The Prophet (peace be upon him) urged them to guarantee it in the hadith of Abu Qatada, by saying: 'Would one of you not rise and guarantee it?' This is explicit regarding the issue. Also, it is an established debt, so its guaranty is valid, just as if he had left behind enough to cover it. Evidence for its establishment is that if a man volunteers to pay his debt, the creditor is permitted to accept it. If he guarantees it while the person is alive and then he dies, the guarantor's liability is not discharged. If the liability of the person on whose behalf the guaranty was made is discharged, the liability of the guarantor is discharged, and in this, there is a resolution to what they have mentioned. Among the rulings is the validity of the guaranty for every right—meaning among the financial rights that are obligatory or which lead to obligation, such as the price of sold goods during the option period and after it, the wages, and the dowry (mahr) before and after consummation; because these rights are binding, and the possibility of their falling away does not prevent their being guaranteed, like the price of sold goods after the option period has expired, as it is possible for it to fall away by his rejecting it due to a defect or mutual rescission (muqayala). Al-Shafi'i held this entire view.

Chapter: On what may be validly guaranteed: It is valid to guarantee the fee in a reward contract (ju'ala), and in racing competitions