Sahih al-Bukhari 2290

Abu al-Zinad reported from Muhammad ibn Hamza ibn Amr al-Aslami, from his father, that Umar sent him as a zakat collector. A man had intercourse with his wife’s enslaved woman, so Hamza took a guarantor from the man until he came before Umar. Umar had flogged him one hundred lashes; he accepted their account and excused him on the basis of ignorance. Jarir and al-Ashath said to Abdullah ibn Masud regarding the apostates, “Ask them to repent and take guarantors for them.” They repented, and their clans stood as guarantors for them. Hammad said, “If someone guarantees a person and that person dies, there is nothing due from the guarantor.” Al-Hakam said, “He is liable.”