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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1Karama, ‘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. 156. Thus Medh., Gov., Kull., and Ragh. But Nar. and Nand. 282 LAWS OF MANU. VIII, 187. 157. Whatever rate men fix, who are expert in sea-voyages and able to calculate (the profit) according to the place, the time, and the objects (carried), that (has legal force) in such cases with respect to the payment (to be made). 158. The man who becomes a surety in this (world) for the appearance of a (debtor), and produces him not, shall pay the debt out of his own property. 159. But money due by a surety, or idly promised, or lost at play, or due for spirituous liquor, or what remains unpaid of a fine and a tax or duty, the son (of the party owing it) shall not be obliged to pay. 160. This just mentioned rule shall apply to the case of a surety for appearance (only); if a surety for payment should die, the (judge) may compel even his heirs to discharge the debt. 161. On what account then: is it that after the death of a surety other than for payment, whose explain 4akravrzddhi, ‘a contract to carry goods by a wheeled carriage,’ by ‘ compound interest;’ and Medh. on verse 157 mentions this opinion too. 157. The expression ‘in sea-voyages’ includes voyages by land (Medh., Gov., Kull, Ragh.), or all voyages (N4r.). The commentators, who explain the preceding verse as referring to compound interest, explain this to mean that merchants trading by sea must pay any rate of interest for money borrowed which experts may fix (see Yagi. II, 38). The others, of course, understand by ‘the rate’ (vriddhi) the carrier’s or shipowner’s wages. 158-160. Gaut. XII, 42; Vi. VI, 41; Yagi. II, 47, 53-54- 159. ‘Idly promised,’ i.e. ‘to clowns and so forth’ (Kull.), or ‘to bards and the like’ (N4r.), or ‘not for a religious purpose, but to singers and the like’ (Nand.), or ‘in jest, to bards and the like’ (R4gh.), or ‘a pour-boire and the like’ (Gov.). 161. ‘Whose affairs are fully known,’ i.e. ‘the cause for which VITI, 166. CIVIL AND CRIMINAL LAW; DEBTS. 283 affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)? 162. If the surety had received money (from him for whom he stood bail) and had money enough (to pay), then (the heir of him) who received it, shall pay (the debt) out of his property; that is the settled rule. 163. A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorised (party) is invalid. 164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).
2164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs). 165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void. 166. If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided. he became a surety (e. g. for appearance or good behaviour) being fully known’ (Nar., Ragh.), 162. Alamdhanad, ‘had money enough (to pay),’ i.e. ‘had received a sum equal to the loan contracted by him for whose appearance he stood surety’ (Medh., Gov., Kull., N4r.). According to Ragh. the adjective refers to the heir, and means ‘ if he has money enough to pay. Nand. reads alakshitaA, ‘if a surety who received money be not found’ (i.e. has died or disappeared, &c.). 163. Yagi. II, 32. 164. ‘The sale of wife and children, giving away one’s Whole property, though one may have issue’ (Medh.). 166. Vi. VI, 39; Yagi. II, 45. The meaning is, as Nand. points out, that if a debt was contracted for the benefit of a united family, 284 LAWS OF MANU. VIII, 167. 167. Should even a person wholly dependent make a contract for the behoof of the family, the master (of the house), whether (living) in his own country or abroad, shall not rescind it. 168. What is given by force, what is enjoyed by force, also what has been caused to be written by force, and all other transactions done by force, Manu has declared void. 169. Three suffer for the sake of others, witnesses, a surety, and judges; but four enrich themselves (through others), a Brahmavza, a money-lender, a merchant, and a king. 170. No king, however indigent, shall take anything that ought not to be taken, nor shall he, it must be repaid by the members of the family, though they may have separated afterwards. 167. Adhyadhina&, ‘a person wholly dependent,’ i.e. ‘a servant (Nar.), or ‘a slave’ (Kull.), or ‘the youngest (brother) or one in a similar position’ (R4gh.). Gov. reads va instead of api, and for vikdlayet (Medh., Kull., Ragh.) or viddrayet (Nand.), vilambayet ; and with this reading the translation must be, ‘or one wholly dependent, who makes a contract for the sake of the family, must wait for (the arrival of) the master of the house, whether he be at home or abroad.’ 168. Vi. VII, 6; Yagi. IT, 89.
3Vi. VII, 6; Yagi. IT, 89. 169. Kulam, ‘the judges’ (Medh., Gov., Kull.), has, according to Nar., Nand., and Ragh., its usual meaning, ‘the family. Ndr. and Nand. say that the undivided relatives have to suffer by paying the debts of a deceased coparcener; and R4gh. explains the sufferings of a family by the ruin caused through a bad son. Medh., Gov., and Kull. state that the object of the verse is to inculcate that men must not be forced to become witnesses and so forth against their will, and that Brahmamas, &c., must not force others to those transactions from which they gain advantages, e. g. to lawsuits. (Ragh. similarly.) N4r.takes the first half as a warning not to become a witness or surety or to remain undivided. 170. Vas. XIX, 14-15. VIII, 177. CIVIL AND CRIMINAL LAW; DEBTS. 285 however wealthy, decline taking that which he ought to take, be it ever so small. 171. In consequence of his taking what ought not to be taken, or of his refusing what ought to be received, a king will be accused of weakness and perish in this (world) and after death. 172. By taking his due, by preventing the confusion of the castes (varza), and by protecting the weak, the power of the king grows, and he prospers in this (world) and after death. 173. Let the prince, therefore, like Yama, not heeding his own likings and dislikings, behave exactly like Yama, suppressing his anger and controlling himself. 174. But that evil-minded king who in his folly decides causes unjustly, his enemies soon subjugate. 175. If, subduing love and hatred, he decides the causes according to the law, (the hearts of) his subjects turn towards him as the rivers (run) towards the ocean. 176. (The debtor) who complains to the king that his creditor recovers (the debt) independently (of the court), shall be compelled by the king to pay (as a fine) one quarter (of the sum) and to his (creditor) the money (due). 177. Even by (personal) labour shall the debtor make good (what he owes) to his creditor, if he be of the same caste or of a lower one; but 171. ‘For if a king takes from his subjects what he ought not to take, they will say, “He fines us, because he is unable to over- - come the vassals, neighbours, and the forest tribes (and to obtain money from them),”’ Medh. 176. Vi. V1,19. See above, verses 49-50. 177. The last clause refers to Brahmamnas (Medh., Kull., Ragh.).. 286 LAWS OF MANU. VIII, 178. a (debtor) of a higher caste shall pay it gradually (when he earns something). 178. According to these rules let the king equitably decide between men, who dispute with each other the matters, which are proved by witnesses and (other) evidence. 179. A sensible man should make a deposit (only) with a person of (good) family, of good conduct, well acquainted with the law, veracious, having many relatives, wealthy, and honourable (Arya).
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.
1Karama, ‘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. 156. Thus Medh., Gov., Kull., and Ragh. But Nar. and Nand. 282 LAWS OF MANU. VIII, 187. 157. Whatever rate men fix, who are expert in sea-voyages and able to calculate (the profit) according to the place, the time, and the objects (carried), that (has legal force) in such cases with respect to the payment (to be made). 158. The man who becomes a surety in this (world) for the appearance of a (debtor), and produces him not, shall pay the debt out of his own property. 159. But money due by a surety, or idly promised, or lost at play, or due for spirituous liquor, or what remains unpaid of a fine and a tax or duty, the son (of the party owing it) shall not be obliged to pay. 160. This just mentioned rule shall apply to the case of a surety for appearance (only); if a surety for payment should die, the (judge) may compel even his heirs to discharge the debt. 161. On what account then: is it that after the death of a surety other than for payment, whose explain 4akravrzddhi, ‘a contract to carry goods by a wheeled carriage,’ by ‘ compound interest;’ and Medh. on verse 157 mentions this opinion too. 157. The expression ‘in sea-voyages’ includes voyages by land (Medh., Gov., Kull, Ragh.), or all voyages (N4r.). The commentators, who explain the preceding verse as referring to compound interest, explain this to mean that merchants trading by sea must pay any rate of interest for money borrowed which experts may fix (see Yagi. II, 38). The others, of course, understand by ‘the rate’ (vriddhi) the carrier’s or shipowner’s wages. 158-160. Gaut. XII, 42; Vi. VI, 41; Yagi. II, 47, 53-54- 159. ‘Idly promised,’ i.e. ‘to clowns and so forth’ (Kull.), or ‘to bards and the like’ (N4r.), or ‘not for a religious purpose, but to singers and the like’ (Nand.), or ‘in jest, to bards and the like’ (R4gh.), or ‘a pour-boire and the like’ (Gov.). 161. ‘Whose affairs are fully known,’ i.e. ‘the cause for which VITI, 166. CIVIL AND CRIMINAL LAW; DEBTS. 283 affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)? 162. If the surety had received money (from him for whom he stood bail) and had money enough (to pay), then (the heir of him) who received it, shall pay (the debt) out of his property; that is the settled rule. 163. A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorised (party) is invalid. 164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).
2164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs). 165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void. 166. If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided. he became a surety (e. g. for appearance or good behaviour) being fully known’ (Nar., Ragh.), 162. Alamdhanad, ‘had money enough (to pay),’ i.e. ‘had received a sum equal to the loan contracted by him for whose appearance he stood surety’ (Medh., Gov., Kull., N4r.). According to Ragh. the adjective refers to the heir, and means ‘ if he has money enough to pay. Nand. reads alakshitaA, ‘if a surety who received money be not found’ (i.e. has died or disappeared, &c.). 163. Yagi. II, 32. 164. ‘The sale of wife and children, giving away one’s Whole property, though one may have issue’ (Medh.). 166. Vi. VI, 39; Yagi. II, 45. The meaning is, as Nand. points out, that if a debt was contracted for the benefit of a united family, 284 LAWS OF MANU. VIII, 167. 167. Should even a person wholly dependent make a contract for the behoof of the family, the master (of the house), whether (living) in his own country or abroad, shall not rescind it. 168. What is given by force, what is enjoyed by force, also what has been caused to be written by force, and all other transactions done by force, Manu has declared void. 169. Three suffer for the sake of others, witnesses, a surety, and judges; but four enrich themselves (through others), a Brahmavza, a money-lender, a merchant, and a king. 170. No king, however indigent, shall take anything that ought not to be taken, nor shall he, it must be repaid by the members of the family, though they may have separated afterwards. 167. Adhyadhina&, ‘a person wholly dependent,’ i.e. ‘a servant (Nar.), or ‘a slave’ (Kull.), or ‘the youngest (brother) or one in a similar position’ (R4gh.). Gov. reads va instead of api, and for vikdlayet (Medh., Kull., Ragh.) or viddrayet (Nand.), vilambayet ; and with this reading the translation must be, ‘or one wholly dependent, who makes a contract for the sake of the family, must wait for (the arrival of) the master of the house, whether he be at home or abroad.’ 168. Vi. VII, 6; Yagi. IT, 89.
3Vi. VII, 6; Yagi. IT, 89. 169. Kulam, ‘the judges’ (Medh., Gov., Kull.), has, according to Nar., Nand., and Ragh., its usual meaning, ‘the family. Ndr. and Nand. say that the undivided relatives have to suffer by paying the debts of a deceased coparcener; and R4gh. explains the sufferings of a family by the ruin caused through a bad son. Medh., Gov., and Kull. state that the object of the verse is to inculcate that men must not be forced to become witnesses and so forth against their will, and that Brahmamas, &c., must not force others to those transactions from which they gain advantages, e. g. to lawsuits. (Ragh. similarly.) N4r.takes the first half as a warning not to become a witness or surety or to remain undivided. 170. Vas. XIX, 14-15. VIII, 177. CIVIL AND CRIMINAL LAW; DEBTS. 285 however wealthy, decline taking that which he ought to take, be it ever so small. 171. In consequence of his taking what ought not to be taken, or of his refusing what ought to be received, a king will be accused of weakness and perish in this (world) and after death. 172. By taking his due, by preventing the confusion of the castes (varza), and by protecting the weak, the power of the king grows, and he prospers in this (world) and after death. 173. Let the prince, therefore, like Yama, not heeding his own likings and dislikings, behave exactly like Yama, suppressing his anger and controlling himself. 174. But that evil-minded king who in his folly decides causes unjustly, his enemies soon subjugate. 175. If, subduing love and hatred, he decides the causes according to the law, (the hearts of) his subjects turn towards him as the rivers (run) towards the ocean. 176. (The debtor) who complains to the king that his creditor recovers (the debt) independently (of the court), shall be compelled by the king to pay (as a fine) one quarter (of the sum) and to his (creditor) the money (due). 177. Even by (personal) labour shall the debtor make good (what he owes) to his creditor, if he be of the same caste or of a lower one; but 171. ‘For if a king takes from his subjects what he ought not to take, they will say, “He fines us, because he is unable to over- - come the vassals, neighbours, and the forest tribes (and to obtain money from them),”’ Medh. 176. Vi. V1,19. See above, verses 49-50. 177. The last clause refers to Brahmamnas (Medh., Kull., Ragh.).. 286 LAWS OF MANU. VIII, 178. a (debtor) of a higher caste shall pay it gradually (when he earns something). 178. According to these rules let the king equitably decide between men, who dispute with each other the matters, which are proved by witnesses and (other) evidence. 179. A sensible man should make a deposit (only) with a person of (good) family, of good conduct, well acquainted with the law, veracious, having many relatives, wealthy, and honourable (Arya).
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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