Is the guarantor considered a debtor if he dies and there was a debt and a guarantor between a creditor and a debtor?
The death of the guarantor (kafeel) does not invalidate the guarantee (kafalat). Rather, according to the majority of scholars, it makes the deferred debt immediately due, and it is paid from his inheritance. The heirs are obliged to pay it, and then they can seek reimbursement from the person for whom the guarantee was made (makfool 'anhu) when the original term of the debt expires. If the beneficiary of the guarantee (makfool lahu) dies, his heirs take his place in demanding the debt. The Hanbalis, in another narration, held that a deferred debt does not become due upon the death of either the guarantor or the person for whom the guarantee was made.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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