The Book Of ( Kafalah ) Bailsman

Bailsman is the person who guarantees handing over of debtor to the creditor when the latter asks for him.

Rule (894) A bailing contract becomes effective by the offer of the Bailsman by means of some expression that can indicate his commitment to such obligation followed by an acceptance of the creditor by means of some expression.

Rule (895) The Bailsman must be of sound mental condition, mature, free of any compulsion, able to present the debtor. Maturity, sound reasoning, freedom from mental-illness and freedom from compulsion are not required on the part of the creditor. Thus, it is valid to become a bailsman for a child, a fool or an insane if the guardian approves.

Rule (896) Bailing is valid by presenting the bailed party if the latter liability is financial, and it is not necessary for the bailsman to know the amount of the property.

Rule (897) If the debt is established and payable, the validity of bailing is not objectionable, but if it is not established, only the reason for a liability is established like the unilateral contract of ju'ala or the betting in horse-racing and sharp-shooting etc., in such case, the validity of bailing is not free from objection, although validity is not far from reality.

Rule (898) Bailing is a binding contract, the bailsman can not revoke it without asking the other party to agree or setting a condition that gives him the right to revoke.

Rule (899) If the bailsman does not present the bailed person and the creditor acquires the debt from the bailsman, if the bailed person has not authorized the bailing or pay-off, the bailsman cannot demand any thing from him if he has authorized for both tasks or just the pay-off the bailsman can demand from him payment, if only bailing is authorized, apparently, he can not demand payment even if he is not able to present the bailed person to the creditor.

Rule (900) It is necessary for the bailsman to use any lawful means to present the bailed person to the creditor, if he needs some strong people and seeking his help does not have any bad effects religiously, it is necessary to seek such help.

Rule (901) If the bailed person is not present - and he requires transportation expenses, apparently, such costs are on the bailsman except if he spends by the permission of the bailed person.

Rule (902) If the creditor transfers his established and guaranteed right to another person by means of selling, settlement, assignment or gift, the bailsman is void.

Rule (903) If one releases another person's debtor from his hand by force or some other deceitful manner in such a way that the creditor can no more acquire his property ,this person is like bailsman, he must present the debtor, otherwise, he is liable for the debt which he must pay.

The bailing contract is dissolved due to the following factors: