The World Federation One Stop Fiqh

Ruling 2339

If a person is able to pay off the debt owed to a creditor at the time of the suretyship agreement, even if he were to become poor (faqīr) afterwards, the creditor cannot rescind (faskh) the suretyship agreement and recover the debt from the original debtor. The same applies if he is unable to pay off the debt at that time but the creditor knows this and consents to him acting as guarantor nevertheless.