or a hadd penalty, because it is a right of a human being, so the suretyship for it is valid, like all other rights of human beings. We rely on what was narrated from ʿAmr ibn Shuʿayb, from his father, from his grandfather, from the Prophet (may the peace and blessings of Allah be upon him) that he said: "There is no suretyship in a hadd penalty." Furthermore, since it is a hadd, suretyship for it is not valid, just as in the case of the hadd penalties of Allah the Almighty. Additionally, suretyship is a form of strengthening (istithaq), while the hadd penalties are based on cancellation (isqat) and the warding off of penalties through doubts (darʾ bi-l-shubuhat), so strengthening does not apply to them. Moreover, it is a right that cannot be exacted from the guarantor if he becomes unable to produce the person guaranteed, so suretyship for one who is subject to it is not valid, just like the hadd penalty for adultery.

Section: Suretyship for a mukatab (an indentured slave) is not valid with regard to the debt of the kitaba (contract of emancipation), because his presence is not required. Thus, suretyship for him is not valid, just like the debt of the kitaba itself.

Section: Suretyship is valid whether it is immediate or deferred, just as a guarantee (daman) is valid whether it is immediate or deferred. If it is unspecified, it is considered immediate; for every contract into which immediacy enters, its unspecified nature implies immediacy, like the price (thaman) and the guarantee. If one enters into a suretyship that is immediate, he has the right to demand that the guarantor produce the person. If he produces him and there is an oppressive, obstructive party present, the guarantor is not cleared of his obligation, and the beneficiary of the suretyship is not obligated to accept him, because his purpose is not achieved. If there is no obstructive party, it is incumbent upon him to accept him, and if he accepts him, the guarantor is cleared of the suretyship. Ibn Abi Musa said: He is not cleared until he says, "I have been cleared by you of it," or "I have delivered him to you," or "I have removed myself from his suretyship." The correct view is the former, because it is a contract for an action, and he is cleared of it by performing the contracted action, similar to a hiring contract (ijara). If the beneficiary refuses to accept him, the guarantor is cleared, because he has produced what is necessary to be delivered [in the presence of the debtor and requested him to take delivery of him] in a manner that entails no harm in receiving him, so he is cleared of it [like the goods in a forward sale (salam)]. Some of our companions said: If he refuses to accept him, the guarantor should have two men testify to his refusal, and he is then cleared, because he has performed what the contract stipulated regarding his action, and is thus cleared of it.