Sahih Bukhari, Chapter: Transferance of a Debt from One Person to Another (Al-Hawaala)

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From: Sahih Bukhari
Chapter No. 38, Transferance of a Debt from One Person to Another (Al-Hawaala)
Hadith No: 492
Narrated/Authority of Muhammad bin Amr Al-Aslami
that his father Hamza said: Umar sent him (i.e., Hamza) as a Sadaqa/Zakat collector. A man had committed illegal sexual intercourse with the slave-girl of his wife. Hamza took (personal) sureties for the adulterer till they came to Umar. Umar had lashed the adulterer one hundred lashes. Umar confirmed their claim (that the adulterer had already been punished) and excused him of being ignorant. Jarir Al-Ashath said to Ibn Masud regarding renegades (i.e., those who became infidels after embracing Islam), "Let them repent and take personal sureties for them." They repented and their relatives stood sureties for them. According to Hammad, if somebody stands surety for another person and that person dies, the person giving surety will be released from responsibilty. According to Al-Hakam, his responsibilty continues.

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