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?
Source: FtawySummary from Ftawy's records · added here Sep 2, 2026
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 Ftawyhttps://ftawy.com/en/questions/44402
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