Back to search
The question

Is the guarantor required to pay the amount for which he guaranteed a person who embezzled money, given that the guarantee was conditional upon the employer waiving his claim against the employee, which did not happen?

Share this answer

Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

You are not obligated to repay the money to your employer because he did not fulfill the agreed-upon condition, which was his waiver of the lawsuit against the debtor. Therefore, he has no right to demand payment from you. Imam Al-Shafi'i said: "If the guarantee was conditional, then the creditor has the right to hold the guarantor to what was stipulated for him, not to what was not stipulated for him."

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

Read the full answer on Ftawy
Where this answer came from
Source platform
Ftawy
Original fatwa ID
44402
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
Read the full ruling
Read the full answer on Ftawy