Kafala and daman: pillars and conditions

This chapter continues the study of the kafala, the surety, also called daman, the guarantee, according to the four Sunni schools. It sets out the conditions relating to the guarantor: not being under interdiction (hajr), being in good health, being male, giving consent, and being free; then the conditions relating to the guaranteed party: his ability to deliver what is guaranteed and his being known to the guarantor; then the pillars and conditions of the beneficiary of the guarantee: his being known, his consent, and his sound intellect. Detailed issues follow: the guarantee of what is not yet due, the guarantee of the price (daman al-darak), the guarantee of items already under guarantee, the guarantee of entrusted items, the guarantee of the ju'l, the guarantee of the salam payment, the guarantee of the unknown, and the guarantee by the person of the detainee and the absent person. Each position is reported with its classical references in parentheses.

The 18 sheets below are a faithful and expanded translation of the original Arabic sheets.

Parts of this section

• Condition relating to the guarantor: not being under interdiction (hajr)
• The arguments of those who require knowledge, then the second condition: the beneficiary's consent