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The question

Do the bonds of trust signed by the friend on behalf of his brother constitute sufficient proof of debt, and is the plaintiff required to swear an oath to prove that the amount recorded therein is a debt owed by the friend and not by his brother?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

As long as the guarantor has pledged to repay the money if the guaranteed defaults, it is permissible to demand the debt from him. If the guaranteed is unable to pay, the guarantor is obliged to perform, and then he can reclaim the debt from the guaranteed. If the guaranteed goes bankrupt, the debt remains his responsibility until he is able to settle it. There is no harm in lying if it is the only means to attain justice and prevent its loss, but it is preferable to resort to dissimulation (Tawriya) to avoid lying. If the one taking an oath is compelled to swear before a judge, he may resort to dissimulation or intend a specific meaning for his oath, especially if he is oppressed.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
104913
Imported
Translation status
Source text, unreviewed
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