Surety: Ruling on Claiming Full Debt from a Surety After Debtor’s Disappearance

Practical Laws of Islam as per the teachings of Imam Khamenei

Surety: Ruling on Claiming Full Debt from a Surety After Debtor’s Disappearance

English:

Question #1669:

I lent someone a sum of money, which he did not pay back. A relative of his wrote me a post-dated check for the amount of the debt provided that I allow him some time [to settle the debt]. Thus, he undertook to pay me back the debt if the original debtor defaulted. The debtor ran away without leaving a trace, so much so that I lost every contact with him. Is it shar‘ī that I get back the whole amount of debt from the surety?

Answer #1669:

If the person stood as surety in a shar‘ī way, should the debtor default, you are permitted, after the date of repayment has passed, to demand the repayment of the whole amount of the debt.

-Imam Khamenei, Practical Laws of Islam, Importance and Conditions of Surety