Guarantee

Q: I guaranteed a person named Shaie` in purchasing a Hi-Lux pick-up truck on credit. He purchased it from a person named Farhan for 46000 SR. I guaranteed to pay his debt in case he failed. After that, Shaie` failed to pay some installments. He only paid two monthly installments, amounting to (1500 SR) each, in the beginning, on time through his employer. After his work moved from Al-Madinah Al-Munawwarah to the Eastern Province, he did not send the installments from his salary, as was agreed until the case was taken to court against him according to the agreement between him and the seller. The agreement requires him to pay a monthly installment of 1500 SR from his salary but he did not stick to the agreement. In fact, he used to send a small amount of money which did not cover the installments determined by the agreement. He did not even send them on a monthly basis. Indeed, he only sent them after two years. I agreed with Farhan (the creditor) that I would pay him the rest of his money in cash provided that he reduces as much of it as he could. In effect, he reduced 7000 SR. Now, is the reduced sum of money lawful and pure for me (Part No. 14; Page No. 196) to take? Or is it for the purchaser (the debtor)? Or should it be returned to the owner of the car (the creditor)?

A: If the case is as mentioned in the question, the sum of money which the seller reduced from the price of the car is the purchaser's. As for you, you only have the right to ask the person you guaranteed for the money you paid on his behalf. May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.