The ruling on an oath by the guarantor

Question

Question: If a Muslim, holding the Qur’an in his hand, openly declares that such-and-such a person had taken upon himself a sworn guarantee (daman) in such-and-such a matter, and that the guarantor should either fulfil his promise or, holding the Qur’an in his hand, plainly deny all of this — then in this case will the guarantee be considered valid or false? And if it is considered valid, is the guarantor obliged to make good the loss caused by the violation of the right, or not?

Answer

The oath falls not on the claimant but on the one who denies. Therefore the person who asserts the promise of a guarantee bears no oath; his swearing is meaningless and wrong. As for the one against whom the guarantee is being claimed: if he denies the guarantee, let him say under oath, “I did not give a guarantee,” and his word will be accepted.

Source: Fatawa Mahmudiyya

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