PREPARED BY: MOULANA SHOAYB JOOSUB

Literal Definition It means to join. Allah Ta'ala has 99 qualities. One is al- Kafeel as he joins (assists) in the affairs of every creation. Shar'ee Definition 'To attach a responsibility to another in a claim.' (Hidaaya)

a) Qur'aan "They said, 'We have lost the (golden) bowl of the king and for him who produces it is (the reward of) a camel load; and I will be responsible to it.' (Yusuf 72) The officers have taken the responsibility (Kafeel) of the lost item. b) b) Hadith Hadhrat Abi Umamah (Radhiallaahu Anhu) narrates that Rasulullah (Sallallaahu Alayhi Wasallam) said, 'Aariya (loaned item) should be fulfilled; Debt should be fulfilled; Minha (loaned goat or sheep) be returned and the Za'eem (Kafeel) is responsible.' (Nasbur Raaya) Rasulullah (Sallallaahu Alayhi Wasallam,) said, 'The one who looks after the Yateem (orphans), I and him will be (close) like this in Jannah. Rasulullah (Sallallaahu Alayhi Wasallam,) indicated with his two fingers (forefinger and middle finger).' (Tirmidhi)

Makfool Anhu (the person who owes the debt - Debtor). Makfool Lahu (the person claimihg the debt - Creditor) Kafeel (the person who undertook the responsibility to discharge the debt - Guarantor) Makfool Bihi (the undertaken responsibility, e.g. debt, etc.) For example, Zayd requires a loan of R10,000 from Umar and Bakr stands guarantee for Zayd to Umar. Zayd is the Makfool Anhu umar is the Makfool Lahu. Bakr is the Kafeel and the amount of R10,000 is the Makfool Bihi.

'Proposal from the Kafeel (gurantor) and acceptance from the Taalib (creditor).' (Badaai'e) The proposal must be in clear words, for example, one states, 1 assume the responsibility of a Kafeel' or It is upon me, etc.

In Kafaalat, the common conditions for the Makfool Anhu, Makfool Lahu and Kafeel are to be free, sane and adult. That implies that the Makfool Anhu and / or Kafeel cannot be a slave. Either one of the two cannot be insane or immature (under age in Shari'ah). Besides the common condition, the Makfool Anhu, Makfool lahu have an additional condition of being known.

There is flexibility in Kafaalat (and ambiguity in it will be tolerated). (Hidaaya) Based on that principle, the Fuqahaa have ruled, '(Kafaalat) in Kafaalat bil Maal is permissible whether the Makfool Bihi is known to him or unknown.' (Hidaaya) 1) The Makfool Lahu has the right to claim the debt from both parties Aseel and Kafeel, or any one he choose to. 2) The Kafeel may place a condition in assuming the responsibility, for example, he says, 'Whatever you purchase from a particular person, it is upon me. 3) The Kafeel says that if the Asil does not pay, then he will pay. In this case, the Makful lahu or creditor must first claim from the Asil. If he does not pay, then he can ask the Kafeel.

If the Makfool Lahu relieves the Makfool Anhu, the Kafeel will be relieved, not vice versa. If the Kafeel or the Asil dies, then the responsibility of Kafaalat terminates