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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain. 142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varma). 143. But if a beneficial pledge (i.e. one from which profit accrues, has been given), he shall receive no interest on the loan; nor can he, after keeping (such) a pledge for a very long time, give or sell it. 140. Gaut. XII, 29; Yag#. II, 37. The rule occurs in our VAsish‘ha Dharmasdstra II, 51. The amount is fifteen per cent per annum. According to Kull. (on verse 141), Nar., Ragh., and Nand. this rule refers to a debt secured by a pledge, and the correctness of this view is proved by the parallel passage of Yagi. 141-142. Vas. II, 48; Vi. VI, 2; Yagi. II, 37. This rule refers, according to the same commentators, to unsecured loans. A Bréhmaza is to pay two per cent per month, a Kshatriya three, a Vaisya four, and a Sidra five. Med. and Gov. think that the rule refers to cases where the creditor is unable to live on the smaller interest. 143. Gaut. XII, 32; Vi. VI, 5. ‘A beneficial pledge,’ i.e. ‘land, cattle, slaves, &c.’ According to Medh., Gov., and Nar., the last clause refers to pledges which are not used. But Kull. objects that this is contrary to the common practice of the Sish/as, and Ragh. refers to Yagi. II, 58, where it is clearly stated that beneficial pledges only are never lost, while those which are merely kept are lost when the original debt is doubled by unpaid interest. VIII, 149. CIVIL AND CRIMINAL LAW; DEBTS. 279 144. A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he commits a theft of the pledge. 145. Neither a pledge nor a deposit can be lost by lapse of time; they are both recoverable, though they have remained long (with the bailee). 146. Things used with friendly assent, a cow, a camel, a riding-horse, and (a beast) made over for breaking in, are never lost (to the owner). 147. (But in general) whatever (chattel) an owner sees enjoyed by others during ten years, while, though present, he says nothing, that (chattel) he shall not recover. 148. If (the owner is) neither an idiot nor a minor and if (his chattel) is enjoyed (by another) before his eyes, it is lost to him by law; the adverse possessor shall retain that property. 149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.
2149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment. 144. Vi. VI, 5; Y4g%. II, 59. According to Medh. clothes, &c., are meant; according to Kull. and R4gh. clothes, ornaments, &c. ; according to N&r. beds and so forth. Na&r. thinks that the expression ‘the value’ refers to the profit made by the use of the pledge. 145. Vi. VI, 7-8; Y4g#. 11, 58. According to Medh. the pledge spoken of here is ‘a pledge for keeping which is forcibly used.’ Upanidhi, ‘a deposit,’ means according to Medh., Gov., Kull. (who however refers the term also to deposits), Ragh., and Nand. ‘anything lent to another out of friendship;’ according to Nar. ‘an additional pledge, given subsequently, in order to complete the security for the loan.’ 147-148. Gaut. XII, 37; Vas. XVI, 16-17; Yagi. II, 24. 149. Vas. XVI, 18; Gaut. XII, 38-39 ; Yagi. I, 25. ‘Women,’ 280 LAWS OF MANU. VIII, 10. 150. The fool who uses a pledge without the permission of the owner, shall remit half of his interest, as a compensation for (such) use. 151. In money transactions interest paid at one time (not by instalments) shall never exceed the double (of the principal); on grain, fruit, wool or hair, (and) beasts of burden it must not be more than five times (the original amount). 152. Stipulated interest beyond the legal rate, being against (the law), cannot be recovered; they call that a usurious way (of lending); (the lender) is (in no case) entitled to (more than) five in the hundred. 153. Let him not take interest beyond the year, nor such as is unapproved, nor compound interest, periodical interest, stipulated interest, and corporal interest. i.e. ‘female slaves and the like.’ R4gh. adds that their offspring is not lost to the owner. UpanidhiA, ‘a sealed deposit’ (Gov., Kull. Naér., and R&gh.). . 150. According to the commentators this is the consequence, resulting from the secret unpermitted use of a pledge in ordinary cases, while the loss of the whole interest ensues in the case of a forcible use in contravention of a special prohibition. 151. Gaut. XII, 31, 36; Vi. VI, 11-15; Y4ga. II, 39. The interest here intended is such which is not paid by instalments, but becomes due together with the principal. According to the commentators, the whole sum payable, i.e. the interest together with the principal, shall not exceed the double of the sum lent, or, in the special cases mentioned, five times that amount. 152. According to Gov. and Nar. this verse entitles the moneylender to take five per cent from Aryans, not from Sddras only.
3the interest together with the principal, shall not exceed the double of the sum lent, or, in the special cases mentioned, five times that amount. 152. According to Gov. and Nar. this verse entitles the moneylender to take five per cent from Aryans, not from Sddras only. 153. Gaut. XII, 30, 34-35. ‘A creditor may take for the term of a year interest which has been settled by the following agreement, “ When one, two, or three months have passed, the interest on the (capital) shall be calculated and be paid to me at one time ;” but he shall not take the interest according to the agreement after VIII, 156. CIVIL AND CRIMINAL LAW; DEBTS. 281 154. He who, unable to pay a debt (at the fixed time), wishes to make a new contract, may renew the agreement, after paying the interest which is due. 155. If he cannot pay the money (due as interest), he may insert it in the renewed (agreement); he must pay as much interest as may be due. 156. He who has made a contract to carry goods by a wheeled carriage for money and has agreed to a certain place or time, shall not reap that reward, if he does not keep to the place and the time (stipulated). a year has passed’ (Kull., Ragh.). According to Gov. this clause means, ‘If (the creditor) does not take the money (due) for two or three years and (the debtor) pays then, (the creditor) shall not take more interest than for one year.’ Nar. says, ‘atisAmvatsarim (“ beyond the year”) means that (interest) which after the lapse of one year only is redundant,’ i. e. ‘exceeds that which has been doubled’ (see verse 151). Adr/sh/Am, ‘ unapproved,’ i.e. ‘in the law-books’ (Kull., Ragh), or ‘in the law-books and in daily life’ (Nand.), means according to Medh. and Gov. anupaéitém, ‘ which has not accumulated,’ i.e. ‘ which is taken for one, two, or three days.’ Nar. agrees with the latter view. K4lavrzddhiA, ‘periodical interest,’ i.e. ‘monthly interest’ (Gov., N&r.), or ‘interest in contravention of verse 151’ (Kull, Ragh.). K4rit4, ‘ stipulated interest, i.e. ‘an illegal rate of interest, or interest which runs on after the principal has been doubled, agreed to by the debtor on account of distress’ (Medh., Gov., Nar., Kull., Ragh.). Kéayik4, ‘corporal interest,’ i.e. ‘to be paid by bodily labour or by the use of the body of a pledged animal or slave’ (Medh.). Kull. Ragh. and Nand. give the second explanation. According to ‘some,’ quoted by Medh. and Nar., the last four kinds of interest are not forbidden. Medh. and Gov. think all or some of them are permissible for merchants. See also for the explanation of the terms, Gaut. XII, 34-35, notes; and Colebrooke I, Digest 35-45. 154. Karama, ‘the agreement,’ i.e. ‘the written bond’ (Kull., R4gh.), or ‘ the written bond and so forth’ (Gov., Nar.). According to the latter two, with whom Medh. seems to agree, karama may also refer to a verbal agreement before witnesses. 155. ‘ Pay,’ i.e. promise to pay in the new agreement.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain. 142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varma). 143. But if a beneficial pledge (i.e. one from which profit accrues, has been given), he shall receive no interest on the loan; nor can he, after keeping (such) a pledge for a very long time, give or sell it. 140. Gaut. XII, 29; Yag#. II, 37. The rule occurs in our VAsish‘ha Dharmasdstra II, 51. The amount is fifteen per cent per annum. According to Kull. (on verse 141), Nar., Ragh., and Nand. this rule refers to a debt secured by a pledge, and the correctness of this view is proved by the parallel passage of Yagi. 141-142. Vas. II, 48; Vi. VI, 2; Yagi. II, 37. This rule refers, according to the same commentators, to unsecured loans. A Bréhmaza is to pay two per cent per month, a Kshatriya three, a Vaisya four, and a Sidra five. Med. and Gov. think that the rule refers to cases where the creditor is unable to live on the smaller interest. 143. Gaut. XII, 32; Vi. VI, 5. ‘A beneficial pledge,’ i.e. ‘land, cattle, slaves, &c.’ According to Medh., Gov., and Nar., the last clause refers to pledges which are not used. But Kull. objects that this is contrary to the common practice of the Sish/as, and Ragh. refers to Yagi. II, 58, where it is clearly stated that beneficial pledges only are never lost, while those which are merely kept are lost when the original debt is doubled by unpaid interest. VIII, 149. CIVIL AND CRIMINAL LAW; DEBTS. 279 144. A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he commits a theft of the pledge. 145. Neither a pledge nor a deposit can be lost by lapse of time; they are both recoverable, though they have remained long (with the bailee). 146. Things used with friendly assent, a cow, a camel, a riding-horse, and (a beast) made over for breaking in, are never lost (to the owner). 147. (But in general) whatever (chattel) an owner sees enjoyed by others during ten years, while, though present, he says nothing, that (chattel) he shall not recover. 148. If (the owner is) neither an idiot nor a minor and if (his chattel) is enjoyed (by another) before his eyes, it is lost to him by law; the adverse possessor shall retain that property. 149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.
2149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment. 144. Vi. VI, 5; Y4g%. II, 59. According to Medh. clothes, &c., are meant; according to Kull. and R4gh. clothes, ornaments, &c. ; according to N&r. beds and so forth. Na&r. thinks that the expression ‘the value’ refers to the profit made by the use of the pledge. 145. Vi. VI, 7-8; Y4g#. 11, 58. According to Medh. the pledge spoken of here is ‘a pledge for keeping which is forcibly used.’ Upanidhi, ‘a deposit,’ means according to Medh., Gov., Kull. (who however refers the term also to deposits), Ragh., and Nand. ‘anything lent to another out of friendship;’ according to Nar. ‘an additional pledge, given subsequently, in order to complete the security for the loan.’ 147-148. Gaut. XII, 37; Vas. XVI, 16-17; Yagi. II, 24. 149. Vas. XVI, 18; Gaut. XII, 38-39 ; Yagi. I, 25. ‘Women,’ 280 LAWS OF MANU. VIII, 10. 150. The fool who uses a pledge without the permission of the owner, shall remit half of his interest, as a compensation for (such) use. 151. In money transactions interest paid at one time (not by instalments) shall never exceed the double (of the principal); on grain, fruit, wool or hair, (and) beasts of burden it must not be more than five times (the original amount). 152. Stipulated interest beyond the legal rate, being against (the law), cannot be recovered; they call that a usurious way (of lending); (the lender) is (in no case) entitled to (more than) five in the hundred. 153. Let him not take interest beyond the year, nor such as is unapproved, nor compound interest, periodical interest, stipulated interest, and corporal interest. i.e. ‘female slaves and the like.’ R4gh. adds that their offspring is not lost to the owner. UpanidhiA, ‘a sealed deposit’ (Gov., Kull. Naér., and R&gh.). . 150. According to the commentators this is the consequence, resulting from the secret unpermitted use of a pledge in ordinary cases, while the loss of the whole interest ensues in the case of a forcible use in contravention of a special prohibition. 151. Gaut. XII, 31, 36; Vi. VI, 11-15; Y4ga. II, 39. The interest here intended is such which is not paid by instalments, but becomes due together with the principal. According to the commentators, the whole sum payable, i.e. the interest together with the principal, shall not exceed the double of the sum lent, or, in the special cases mentioned, five times that amount. 152. According to Gov. and Nar. this verse entitles the moneylender to take five per cent from Aryans, not from Sddras only.
3the interest together with the principal, shall not exceed the double of the sum lent, or, in the special cases mentioned, five times that amount. 152. According to Gov. and Nar. this verse entitles the moneylender to take five per cent from Aryans, not from Sddras only. 153. Gaut. XII, 30, 34-35. ‘A creditor may take for the term of a year interest which has been settled by the following agreement, “ When one, two, or three months have passed, the interest on the (capital) shall be calculated and be paid to me at one time ;” but he shall not take the interest according to the agreement after VIII, 156. CIVIL AND CRIMINAL LAW; DEBTS. 281 154. He who, unable to pay a debt (at the fixed time), wishes to make a new contract, may renew the agreement, after paying the interest which is due. 155. If he cannot pay the money (due as interest), he may insert it in the renewed (agreement); he must pay as much interest as may be due. 156. He who has made a contract to carry goods by a wheeled carriage for money and has agreed to a certain place or time, shall not reap that reward, if he does not keep to the place and the time (stipulated). a year has passed’ (Kull., Ragh.). According to Gov. this clause means, ‘If (the creditor) does not take the money (due) for two or three years and (the debtor) pays then, (the creditor) shall not take more interest than for one year.’ Nar. says, ‘atisAmvatsarim (“ beyond the year”) means that (interest) which after the lapse of one year only is redundant,’ i. e. ‘exceeds that which has been doubled’ (see verse 151). Adr/sh/Am, ‘ unapproved,’ i.e. ‘in the law-books’ (Kull., Ragh), or ‘in the law-books and in daily life’ (Nand.), means according to Medh. and Gov. anupaéitém, ‘ which has not accumulated,’ i.e. ‘ which is taken for one, two, or three days.’ Nar. agrees with the latter view. K4lavrzddhiA, ‘periodical interest,’ i.e. ‘monthly interest’ (Gov., N&r.), or ‘interest in contravention of verse 151’ (Kull, Ragh.). K4rit4, ‘ stipulated interest, i.e. ‘an illegal rate of interest, or interest which runs on after the principal has been doubled, agreed to by the debtor on account of distress’ (Medh., Gov., Nar., Kull., Ragh.). Kéayik4, ‘corporal interest,’ i.e. ‘to be paid by bodily labour or by the use of the body of a pledged animal or slave’ (Medh.). Kull. Ragh. and Nand. give the second explanation. According to ‘some,’ quoted by Medh. and Nar., the last four kinds of interest are not forbidden. Medh. and Gov. think all or some of them are permissible for merchants. See also for the explanation of the terms, Gaut. XII, 34-35, notes; and Colebrooke I, Digest 35-45. 154. Karama, ‘the agreement,’ i.e. ‘the written bond’ (Kull., R4gh.), or ‘ the written bond and so forth’ (Gov., Nar.). According to the latter two, with whom Medh. seems to agree, karama may also refer to a verbal agreement before witnesses. 155. ‘ Pay,’ i.e. promise to pay in the new agreement.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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