Chapter on Guarantee

Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said to Abu al-Abbas al-Fadl ibn Abd al-Malik: "What has prevented you from performing Hajj?" He replied: "A guarantee (kafalah) that I undertook." The Imam عليه السلام said: "What do you have to do with guarantees? Do you not know that guarantees were what destroyed the earlier generations?"

It is narrated from Al-Husayn ibn Khalid who said: I said to Abu al-Hasan عليه السلام, "May I be your ransom! People say, 'The guarantor (al-damin) is liable (gharim).'" Imam عليه السلام replied: "There is no liability (ghurm) upon the guarantor. The liability is upon the one who consumed the wealth."

It is narrated from Dawud ibn al-Husayn, from Abu al-Abbas, from Abu Abdullah عليه السلام: I asked him about a man who guarantees (takes responsibility for) another man's presence until a specified time, and if he does not bring him, he will owe such-and-such amount of dirhams. Imam عليه السلام said: "If he brings him by the specified time, then he is not liable for what he mentioned, and he remains a guarantor for his presence indefinitely unless he begins with the dirhams. If he begins with the dirhams, then he is liable for them if he does not bring him by the specified time he had set."

Dawud ibn Sirhan asked Abu Abdullah عليه السلام: About a guarantor (kafil) and a pledge (rahn) in a deferred sale (bay' al-nasi'ah). Imam عليه السلام said: "There is no harm in it."

Abu Abdullah Imam Jafar ibn Muhammad Al-Sadiq عليه السلام said: "Guarantorship (kafalah) is loss, liability, and regret."

Ghiyath ibn Ibrahim narrated from Imam Jafar ibn Muhammad Al-Sadiq عليه السلام from his father, Imam Muhammad ibn Ali Al-Baqir عليه السلام, from his forefathers, from Imam Ali ibn Abi Talib عليه السلام: Regarding two men who share property-some of it is in their possession, and some is absent-so they divide what is in their possession, and each one assigns his share. One of them collects his share, but the other does not collect his share. Imam Ali عليه السلام said: "Whatever is collected by one of them is shared between them, and whatever is lost is also shared between them."

It is narrated: When Abdullah ibn al-Hasan was on his deathbed, his creditors gathered around him and demanded repayment of their debts. He replied: "I do not have anything to give you, but accept as your guarantor whomever you wish from my brother and my cousins- Imam Ali ibn al-Husayn عليه السلام or Abdullah ibn Ja'far." The creditors said: "As for Abdullah ibn Ja'far, he is wealthy but delays payments, and as for Imam Ali ibn al-Husayn عليه السلام, he has no wealth, but he is truthful, and he is the most beloved of the two to us." So, they sent for Imam Ali ibn al-Husayn عليه السلام and informed him of the situation. Imam عليه السلام said: "I will guarantee your payment until the harvest comes," though he did not have any harvest. The creditors agreed, and he guaranteed the payment. When the harvest came, Allah سبحانه وتعالى Almighty provided him with the means, and he repaid the debts.

Abu Ayyub asked Abu Abdullah عليه السلام about a man who transfers a debt to another man (through a payment order or promissory note). Does the original debtor still remain liable for the payment? Imam عليه السلام replied: "No, he does not return to him (for payment) at all, except if the one to whom the debt was transferred had already declared bankruptcy before the transfer."

Al-Bazanti narrated from Dawood bin Sirhan, who said: I asked Abu Abdullah عليه السلام about a man who had dinars owed to him by another man, and the debtor transferred the payment obligation to a third man in exchange for dirhams instead of dinars. Is this permissible? Imam عليه السلام replied: "Yes, it is permissible."