just as if he had borrowed his slave and pledged him with his permission; he would be obliged to redeem him if his master requested it. If the suretyship was without his permission, we must consider: if the creditor requests him [the surety] to produce him, he is obliged to attend with him, because his attendance is a right for the creditor, and he has appointed the surety as his agent in seeking him. If the creditor does not request him, he is not obliged to attend with him, because he did not occupy his legal liability; rather, the surety occupied it by his own choice, so it is not permissible for a right to be established for him against another person through that. If the creditor says, "Produce your surety," it acts as an agency (tawkil) to produce him, and he is obliged to attend with him, just as if he had appointed a stranger as an agent. If he says, "Be released from your suretyship," it may be interpreted as an agency to produce him, like the first phrasing, and it may be interpreted as a demand for the debt that is upon him; thus it is not an agency, and he is not obliged to attend with him.

Section: If a man says to another, "Guarantee so-and-so," or "Stand surety for so-and-so," and he does so, the guarantee and suretyship are binding upon the performer, not the person who ordered it, because he stood surety by his own choice, and the order is merely guidance and an incitement to do a good deed, so nothing is binding upon him thereby.

826 - Issue; he said: "If he dies, the one who stood surety is absolved."

The gist of this is that if the person for whom the suretyship was provided dies, the suretyship lapses, and nothing is binding upon the surety. This is the opinion of Shurayh, al-Sha'bi, Hammad ibn Abi Sulayman, Abu Hanifa, and al-Shafi'i. Al-Hakam, Malik, and al-Layth said: The surety is obligated to pay what is upon him. This has also been narrated from Ibn Shurayh, on the grounds that the surety is a security for a right, so if it becomes impossible to fulfill from the side of the one upon whom the debt lies, he collects from the security, just like a pledge (rahn), and because his production has become impossible, his surety is bound by what is upon him, just as if he were absent. Our argument is that the [obligation of] attendance lapsed for the person for whom the suretyship was provided, so the surety is absolved, just as if he were absolved of the debt, and because that which he committed to on his behalf lapsed from the principal, so the derivative is absolved, like the guarantor when the person for whom the guarantee was made pays the debt, or is absolved of it.