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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1A. Vishwu VI, 27; YAgiiavalkya II, 50. 15. After the death of those who have contracted the debt jointly, the son of one is not bound to pay the debt of another than his father. His liability does not extend beyond his father’s share of the debt. A. Vishzu VI, 34; YAgiavalkya II, 45. 16. A woman need not pay a debt contracted by her son, unless she has promised herself to repay it. Similarly, she is not bound to pay a debt contracted by her husband, unless she should have contracted it jointly with him, or if he should have enjoined her on his deathbed to pay his debts, or if she has inherited his property. A. Vishau VI, 31, 38; YAgviavalkya II, 46, 49. 17. A widowed woman who has no son is bound to pay the debt of her husband, if he has commissioned her to do so on his deathbed, or if his property has escheated to her. If she is unfit to take the estate, her husband’s debt must be repaid by those who have inherited the estate. The property and the liabilities go together. A. Vishnu VI, 29; Yagiiavalkya II, 51, &c. J, 21. DEBTS. 47 estate. (For) the liability for the debts goes together with the right of succession. * 18. A debt contracted by the wife shall never bind the husband, unless it had been contracted at a time when the husband was in distress. Household expenses are indispensably necessary. * 19. The wives of washermen, huntsmen, cowherds, and distillers of spirituous liquor are exempt from this rule. The income of these men depends on their wives, and the household expenses have also to be defrayed by the wives. * 20. If a woman who has a son forsakes her son and goes to live with another man, that man shall take her (separate) property. Ifshe has no property of her own, her son (shall take the property of her husband). * 21. If, however, a woman repairs to another 18. A debt contracted by the wife, for the purpose of saving from distress her husband, son, daughter, or other family members, must be discharged by the family head. A. Vishau VI, 32, &c. 19. Yagfavalkya II, 48; Vishau VI, 37. 20. If a widow who has a son, blinded by love forsakes her son and betakes herself to another husband, taking her Stridhana (separate property) with her, the Stridhana shall belong to her second husband, and not to her sons, If, however, a woman who has no separate property goes to live with another man and takes her first husband’s property with her, it shall not belong to the second husband. It shall escheat to her son by the first husband. A. This interpretation has.been followed in the text. It is hardly reasonable, however, to explain the term dravya, in the first instance, as denoting Stridhana, and then again, as denoting property inherited from the husband. It would seem that the reading adopted by Asah4ya is: erroneous. The Viramitrodaya and other compilations read rinam for dravyam, ‘(the son) must pay the whole debt, if she has no property of her own.’ Vishzu VI, 30; YAgfavalkya II, 51.
2It would seem that the reading adopted by Asah4ya is: erroneous. The Viramitrodaya and other compilations read rinam for dravyam, ‘(the son) must pay the whole debt, if she has no property of her own.’ Vishzu VI, 30; YAgfavalkya II, 51. 21. If a widow who has a young son takes her deceased hus- 48 ‘NARADA, I, 22, man, carrying her riches and offspring with her, that man must pay the debt contracted by her husband, or he must abandon her. ° * 22. He who has intercourse with the wife of a dead man who has neither wealth nor a son, shall have to pay the debt of her husband, because she is considered as his property. * 23. Among these three, the heir of the wealth, the protector of the widow, and the son, he is liable for the debts who takes the wealth. The son is liable, on failure of a (protector of the) widow and of an heir; the protector of the widow, on failure of an heir and of a son. * 24, Debts contracted by the husbands of the last band’s property and goes to live with another man, the latter is bound to pay the debts contracted by her first husband. His conduct is unimpeachable, likewise, if he lets her go, she taking the whole of her property with her. A. 23. This rule contains the answer to the question : Who is liable for the debts of a deceased person, whose property has been taken by his heirs, whilst his wife through poverty has acceded to another man, and whilst his son remains both penniless and deprived of the protection of his mother? The decision is as follows. Between those three, the heir of the wealth and no other is liable for the debt. Where, however, there is no heir, owing to the want of assets, there the son is liable, if there is no widow ; and the widow’s husband, if there is no son. The respective liability of the son and of the taker of the widow depends on the circumstances of the case. If the widow is a young and handsome woman of high origin, her second husband has to discharge the debt of her first husband, according to the maxim that she is considered as his property (see above, paragraph 22). If, however, she is kept like a handmaid and receives a mere livelihood from the man who has taken her, the son is bound to pay the debt. A. YAgviavalkya II, 51. 24. The term uttamé ‘the first,’ besides jts ordinary meaning, conveys a secondary meaning. It implies that when any of the seven Svairixis and Punarbhs happens to be specially handsome or I, 28. DEBTS. 49 Svairizi and of the first Punarbhd, must be paid by him who lives with them. 25. A wife, a daughter-in-law, a woman entitled to maintenance, and the attendants of the wife: by these have debts to be paid, as also by one who lives on the produce of land (inherited from the debtor). [If among such brothers as have come to a division and are separate in wives, affairs, and wealth, one should die without leaving issue, his wife inherits his wealth.] 2. Valid and Invalid Transactions.
3[If among such brothers as have come to a division and are separate in wives, affairs, and wealth, one should die without leaving issue, his wife inherits his wealth.] 2. Valid and Invalid Transactions. 26. The sages declare that the transactions of a woman have no validity, especially the gift, hypothecation, or sale of a house or field. 27. Such transactions are valid when they are sanctioned by the husband; or, on failure of the husband, by the son; or, on failure of husband and son, by the king. * 28. What has been given to a wife by her loving gifted, her second husband is bound to pay the debts contracted by the first. A. This, no doubt, is a highly artificial interpretation. A definition of the seven Punarbhfs and Svairiais is given further on, XII, 46-53. A. refers to XII, 48 and 52. However, the meaning of the term ‘the first PunarbhQ’ is defined in XII, 46. The Mitakshara (p. 77) and Viframitrodaya (p. 347) explain the term ‘the last of the Svairinis’ as referring to one who, overwhelmed with distress, delivers herself to another man. See XII, 51, and note. 25 b, This paragraph, which contains a rule relative to the law of inheritance, seems to be a marginal gloss, which has somehow crept into the text by mistake. 28. ‘Immovables,’ such as houses, fields, and the like. A. This rule is frequently quoted in the mediaeval and modern compilations on the law of inheritance, as indicating the extent of a woman’s power over her property. [33] E . 50 NARADA. I, 29. husband, that she may spend or give away as she likes after his death even, excepting immovables. * 29. In the same way the transactions of a slave are declared invalid, unless they have been sanctioned by his master. A slave is not his own master. * 30. If a son has transacted any business without authorization from his father, it is also declared an invalid transaction. A slave and a son are equal in that respect. * 31. A youth who, though independent, has not yet arrived at years of discretion, is not capable of contracting valid debts. (Real) independence belongs to the eldest son (only); (the right of) seniority is based on both capacity and age. *32. Three persons are independent in this world : a king, a spiritual teacher, and in all castes successively a householder in his own household. * 33. All subjects are dependent ; the ruler of the country is independent; a student is pronounced to be dependent ; independence belongs to the teacher. 30. A son who has not come to a partition of the family estate with his father, continues dependent on him till the father dies. A.
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.
1A. Vishwu VI, 27; YAgiiavalkya II, 50. 15. After the death of those who have contracted the debt jointly, the son of one is not bound to pay the debt of another than his father. His liability does not extend beyond his father’s share of the debt. A. Vishzu VI, 34; YAgiavalkya II, 45. 16. A woman need not pay a debt contracted by her son, unless she has promised herself to repay it. Similarly, she is not bound to pay a debt contracted by her husband, unless she should have contracted it jointly with him, or if he should have enjoined her on his deathbed to pay his debts, or if she has inherited his property. A. Vishau VI, 31, 38; YAgviavalkya II, 46, 49. 17. A widowed woman who has no son is bound to pay the debt of her husband, if he has commissioned her to do so on his deathbed, or if his property has escheated to her. If she is unfit to take the estate, her husband’s debt must be repaid by those who have inherited the estate. The property and the liabilities go together. A. Vishnu VI, 29; Yagiiavalkya II, 51, &c. J, 21. DEBTS. 47 estate. (For) the liability for the debts goes together with the right of succession. * 18. A debt contracted by the wife shall never bind the husband, unless it had been contracted at a time when the husband was in distress. Household expenses are indispensably necessary. * 19. The wives of washermen, huntsmen, cowherds, and distillers of spirituous liquor are exempt from this rule. The income of these men depends on their wives, and the household expenses have also to be defrayed by the wives. * 20. If a woman who has a son forsakes her son and goes to live with another man, that man shall take her (separate) property. Ifshe has no property of her own, her son (shall take the property of her husband). * 21. If, however, a woman repairs to another 18. A debt contracted by the wife, for the purpose of saving from distress her husband, son, daughter, or other family members, must be discharged by the family head. A. Vishau VI, 32, &c. 19. Yagfavalkya II, 48; Vishau VI, 37. 20. If a widow who has a son, blinded by love forsakes her son and betakes herself to another husband, taking her Stridhana (separate property) with her, the Stridhana shall belong to her second husband, and not to her sons, If, however, a woman who has no separate property goes to live with another man and takes her first husband’s property with her, it shall not belong to the second husband. It shall escheat to her son by the first husband. A. This interpretation has.been followed in the text. It is hardly reasonable, however, to explain the term dravya, in the first instance, as denoting Stridhana, and then again, as denoting property inherited from the husband. It would seem that the reading adopted by Asah4ya is: erroneous. The Viramitrodaya and other compilations read rinam for dravyam, ‘(the son) must pay the whole debt, if she has no property of her own.’ Vishzu VI, 30; YAgfavalkya II, 51.
2It would seem that the reading adopted by Asah4ya is: erroneous. The Viramitrodaya and other compilations read rinam for dravyam, ‘(the son) must pay the whole debt, if she has no property of her own.’ Vishzu VI, 30; YAgfavalkya II, 51. 21. If a widow who has a young son takes her deceased hus- 48 ‘NARADA, I, 22, man, carrying her riches and offspring with her, that man must pay the debt contracted by her husband, or he must abandon her. ° * 22. He who has intercourse with the wife of a dead man who has neither wealth nor a son, shall have to pay the debt of her husband, because she is considered as his property. * 23. Among these three, the heir of the wealth, the protector of the widow, and the son, he is liable for the debts who takes the wealth. The son is liable, on failure of a (protector of the) widow and of an heir; the protector of the widow, on failure of an heir and of a son. * 24, Debts contracted by the husbands of the last band’s property and goes to live with another man, the latter is bound to pay the debts contracted by her first husband. His conduct is unimpeachable, likewise, if he lets her go, she taking the whole of her property with her. A. 23. This rule contains the answer to the question : Who is liable for the debts of a deceased person, whose property has been taken by his heirs, whilst his wife through poverty has acceded to another man, and whilst his son remains both penniless and deprived of the protection of his mother? The decision is as follows. Between those three, the heir of the wealth and no other is liable for the debt. Where, however, there is no heir, owing to the want of assets, there the son is liable, if there is no widow ; and the widow’s husband, if there is no son. The respective liability of the son and of the taker of the widow depends on the circumstances of the case. If the widow is a young and handsome woman of high origin, her second husband has to discharge the debt of her first husband, according to the maxim that she is considered as his property (see above, paragraph 22). If, however, she is kept like a handmaid and receives a mere livelihood from the man who has taken her, the son is bound to pay the debt. A. YAgviavalkya II, 51. 24. The term uttamé ‘the first,’ besides jts ordinary meaning, conveys a secondary meaning. It implies that when any of the seven Svairixis and Punarbhs happens to be specially handsome or I, 28. DEBTS. 49 Svairizi and of the first Punarbhd, must be paid by him who lives with them. 25. A wife, a daughter-in-law, a woman entitled to maintenance, and the attendants of the wife: by these have debts to be paid, as also by one who lives on the produce of land (inherited from the debtor). [If among such brothers as have come to a division and are separate in wives, affairs, and wealth, one should die without leaving issue, his wife inherits his wealth.] 2. Valid and Invalid Transactions.
3[If among such brothers as have come to a division and are separate in wives, affairs, and wealth, one should die without leaving issue, his wife inherits his wealth.] 2. Valid and Invalid Transactions. 26. The sages declare that the transactions of a woman have no validity, especially the gift, hypothecation, or sale of a house or field. 27. Such transactions are valid when they are sanctioned by the husband; or, on failure of the husband, by the son; or, on failure of husband and son, by the king. * 28. What has been given to a wife by her loving gifted, her second husband is bound to pay the debts contracted by the first. A. This, no doubt, is a highly artificial interpretation. A definition of the seven Punarbhfs and Svairiais is given further on, XII, 46-53. A. refers to XII, 48 and 52. However, the meaning of the term ‘the first PunarbhQ’ is defined in XII, 46. The Mitakshara (p. 77) and Viframitrodaya (p. 347) explain the term ‘the last of the Svairinis’ as referring to one who, overwhelmed with distress, delivers herself to another man. See XII, 51, and note. 25 b, This paragraph, which contains a rule relative to the law of inheritance, seems to be a marginal gloss, which has somehow crept into the text by mistake. 28. ‘Immovables,’ such as houses, fields, and the like. A. This rule is frequently quoted in the mediaeval and modern compilations on the law of inheritance, as indicating the extent of a woman’s power over her property. [33] E . 50 NARADA. I, 29. husband, that she may spend or give away as she likes after his death even, excepting immovables. * 29. In the same way the transactions of a slave are declared invalid, unless they have been sanctioned by his master. A slave is not his own master. * 30. If a son has transacted any business without authorization from his father, it is also declared an invalid transaction. A slave and a son are equal in that respect. * 31. A youth who, though independent, has not yet arrived at years of discretion, is not capable of contracting valid debts. (Real) independence belongs to the eldest son (only); (the right of) seniority is based on both capacity and age. *32. Three persons are independent in this world : a king, a spiritual teacher, and in all castes successively a householder in his own household. * 33. All subjects are dependent ; the ruler of the country is independent; a student is pronounced to be dependent ; independence belongs to the teacher. 30. A son who has not come to a partition of the family estate with his father, continues dependent on him till the father dies. A.
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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