in the immediate state, according to the narration which states: if he pays his debt without his permission, he is entitled to recoup it; because the most that can be said here is that he paid it without permission. According to the other narration, he does not recoup it before the term, because he did not authorize him to pay it before that. If the debt was deferred and he guaranteed it as immediate, it does not become immediate, and he is not obligated to perform it before its term; because the guarantor is a secondary branch to the debtor, so he is not obligated to what the debtor is not obligated to. Furthermore, if the debtor himself were to obligate himself to hasten this debt, he would not be obligated to hasten it, so it is more fitting that the guarantor is not obligated to it. Also, because a guarantee is a commitment of debt upon one's liability, it is not permissible to obligate what the debtor is not obligated to. Based on this, if he pays it immediately, he does not recoup it before its term; because his guarantee did not change it from its deferment. The difference between this issue and the one before it is that an immediate debt is established in the liability, deserving of payment at all times, so if one guarantees it as deferred, he has committed to a portion of what is incumbent upon the debtor, so it is valid, just as if the debt were ten, and he guaranteed five. As for a deferred debt, its payment is not deserved except at its term, so if one guarantees it as immediate, he has committed to what is not incumbent upon the debtor, so it resembles the case if the debt were ten and he guaranteed twenty. It is said: It is possible that the guarantee of a deferred debt as immediate is valid, just as the guarantee of an immediate debt as deferred is valid, by analogy of one to the other. We have already distinguished between them with what precludes the analogy, if Allah the Almighty wills.

Section: If one guarantees a deferred debt on behalf of a person, and one of them dies—either the guarantor or the debtor—does the debt become immediate for the deceased? There are two narrations regarding this, the mention of which has preceded. If we say: It becomes immediate for the deceased, it does not become immediate for the other; because a debt does not become immediate for a person due to the death of another. If the deceased is the debtor, he does not have the right to demand payment from the guarantor before the term; if he pays it before the term, he is considered a volunteer in hastening the payment. Does he have the right to demand it from the debtor before the term? This is derived from the two narrations regarding one who pays a debt without the permission of the one upon whom it is owed.