If the deceased is the guarantor, and the creditor satisfies the debt from his estate, his heirs do not have the right to demand payment from the debtor until the right becomes due, because it is deferred for him, so he is not entitled to demand it from him before its term. This is the school of al-Shafi'i. It is narrated from Zufar that they do have the right to demand it, because he involved him in that, knowing that it would become due upon his death. Our argument is that it is a deferred debt, so demanding it before the term is not permissible, as if he had not died. As for his statement, "he involved him in it," we say: He only involved him in a deferred obligation, and its becoming immediate is due to a cause from his side, so it is just as if he paid it before the term.

823 - Issue: He said: (The debtor is not absolved except by the guarantor's performance.)

This means that the debtor is not absolved by the mere act of guarantee, just as the transferor (muhil) is not absolved by the mere act of Hawala (transfer of debt) before receipt. Rather, the right is established in the liability of the guarantor, while remaining in the liability of the debtor. The holder of the right has the right to demand payment from whichever of the two he wishes, during life and after death. This is the position of al-Thawri, al-Shafi'i, Ishaq, Abu Ubayd, and the jurists (Ashab al-Ra'y). Abu Thawr said: Kafala (suretyship) and Hawala (transfer of debt) are the same, and both of them transfer the right from the liability of the debtor and the transferor. This is narrated from Ibn Abi Layla, Ibn Shubruma, and Dawud. They argued based on what Abu Sa'id al-Khudri narrated, saying: We were with the Prophet, may Allah bless him and grant him peace, at a funeral. When it was placed, he said: "Does your companion have any debt?" They said: Yes, two dirhams. He said: "Pray over your companion." Ali said: They are upon me, O Messenger of Allah, and I am a guarantor for them. The Messenger of Allah, may Allah bless him and grant him peace, stood up and prayed over him, then turned to Ali and said: "May Allah reward you well on behalf of Islam, and may He release your pledges just as you have released the pledges of your brother." It was said: O Messenger of Allah, is this for Ali specifically, or for the people in general? He said: "For the people in general." It was narrated by al-Daraqutni.