Does the surety’s guarantee remain after the debtor has written a stamped bond?

Question

Question: Mumtaz Ahmad, under his own guarantee, had Muhammad Hasan and Zayn al-Haqq give Ghulam Muhammad goods worth some money, on the understanding that Ghulam Muhammad would sell them and pay off the amount. Muhammad Hasan and Zayn al-Haqq are partners in business. But after some time had passed, Ghulam Muhammad, owing to certain difficulties, could not pay them the money. After that, Muhammad Hasan and the others began to pester Mumtaz Ahmad: “Get Ghulam Muhammad to pay us our outstanding amount.

Answer

If at the time of the guarantee it was a condition that the guarantee would last until the stamped bond was written and not afterwards, or if, upon writing the stamped bond, the guarantee was ended and it was written down, “I am now no longer the guarantor,” then the guarantee has come to an end; otherwise the guarantee remains.

Source: Fatawa Mahmudiyya

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