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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1A surety for honesty is where the debtor denies having received a certain sum, or declares that he has restored it to the creditor, and is required thereupon to produce a surety for his veracity. A. Yagfavalkya II, 53; Vishnu VI, 41. 119. This paragraph is intended to show that the surety for appearance and the surety for honesty are equally responsible as the I, 122. DEBTS; SURETIES. 71 if they prove dishonest, the surety (for payment and for honesty) must pay the debt; and (so must the surety for appearance), if he fails to produce the debtor. 120, When there is a plurality of sureties, they shall pay each (proportionately), according to agreement. If they wete bound severally, the payment shall be made (by any of them), as the creditor pleases. *121. Twice as much as the surety, harassed by the creditor, has given (to the creditor), shall the debtor pay back to the surety. 122. By the mode consonant with religion, by legal surety for payment. A. Manu VIII, 158-160; Yagvavalkya LI, 53; Vishnu VI, 41. 120. Where a number of sureties have promised each to pay a certain stipulated share of the debt, in case of the debtor’s inability to discharge it himself, the liability of each surety does not extend beyond what has been promised by him. Where, however, all the sureties have declared their joint liability for the whole debt, the creditor may enforce payment from any one among them whom he thinks able to satisfy his demand. A. Yagfavalkya II, 55; Vishzu VI, 42. 121. When, however, the surety, anxious to obtain twice the -amount of the sum for which he has given security, should pay the sum to the creditor of his own accord, without being pressed to do so by the creditor, the debtor shall pay that sum only to him, and not the double sum. A. YAgviavalkya II, 56; Vishnu VI, 43. 122. Identical with Manu VIII, 49. According to Asahdya, four out of the five modes of recovery of a debt are equivalent to the traditional four means of obtaining success, viz. conciliation, division (bheda), presents, and violence. Thus, ‘the mode consonant with religion’ means conciliation, i.e. gentle remonstrances. If these should prove of no avail, ‘legal proceedings,’ or ‘division’ (bheda), shall be resorted to, i.e. the debtor shall be threatened with a plaint ina court of justice. After that, ‘presents’ or ‘fraud’ should be adhibited, i.e. a false hope of fictitious gain shall be held out to the debtor. If this mode also should prove unsuccessful, ‘force’ or ‘ violence’ 72 NARADA. J, 123. proceedings, by fraud, by the customary mode, and, fifthly, by force, a creditor may recover what he has lent. *123. A creditor who tries to recover his loan from the debtor must not be checked by the king, both for secular and religious reasons. 9. Pledges. *124. That to which a title is given (adhikriyate) is called a pledge. There are two kinds of it: a
2*123. A creditor who tries to recover his loan from the debtor must not be checked by the king, both for secular and religious reasons. 9. Pledges. *124. That to which a title is given (adhikriyate) is called a pledge. There are two kinds of it: a may be used, by fettering the debtor, or confining him, &c. The fifth mode, called the customary mode (Afarita), consists of fasting. If the creditor himself, or his son, or his servant, takes to fasting it is no offence; or he may confine his own son or threaten to kill him, or seize the property of a stranger, as a compensation. The commentators of the Code of Manu explain the five modes of recovery of a debt much in the same way as Asahaya. ‘Fraud,’ according to them, is when the creditor borrows money from the debtor under false pretences, or retains a deposit belonging to him. Vyavahdra, generally interpreted by ‘legal proceedings,’ means, according to Medhatithi, ‘engaging the debtor in agriculture, trade, or other work, and taking the proceeds of his labour.’ The ‘customary mode’ (aéarita) is variously explained as denoting ‘fasting,’ or ‘killing’ or ‘taking (one’s own or the debtor’s) family and cattle.’ Under the former interpretation, it is identical with the well-known ‘sitting in Dharna.’ See the translations of Manu, and Jolly, Ind. Schuldrecht, § 7. For an interesting parallel to the custom of Dharna from the Brehon Laws of Ancient Ireland, see Sir H. Maine’s Early History of Institutions, p. 297 foll. 123. A dishonest debtor who applies to the king for protection against a creditor enforcing his demand shall not be abetted by the king. ‘For secular reasons,’ i.e. in order not to disturb the established order of society. ‘ For religious reasons,’ i.e. in order not to offend against religious law. A. Nearly identical with Manu VIII, 50. Vishzu VI, 19; Yaghavalkya II, 40. 124. According to Asahdya, the pledge to be released within a specified time is again twofold, It may be either deposited with a ‘keeper of the pledge’ (Adhip4la), who is to return it on the pledge I, 127. DEBTS; PLEDGES. 73 pledge which must be redeemed within a certain time, and a pledge which must be retained till the debt has been discharged. *125. A pledge is again twofold: one to be kept only, and a pledge for enjoyment. It must be preserved precisely in the same condition (as at the time of its delivery); otherwise the pledgee loses interest. *126. The same thing happens when the pledge has been injured owing to the negligence of the pledgee. If it has been lost, the principal is forfeited, provided that the loss was not caused by fate or the king. *127. A pledge (for custody) must not be used
3*126. The same thing happens when the pledge has been injured owing to the negligence of the pledgee. If it has been lost, the principal is forfeited, provided that the loss was not caused by fate or the king. *127. A pledge (for custody) must not be used being restored at the time agreed on. Or it may be delivered to the creditor on condition of its being returned after the lapse of a certain period, say five or ten years. The usufruct of a ‘pledge to be retained till the debt has been liquidated’ shall belong to the creditor for ever, till the debt has been discharged. 125. Asahdya gives a house and a field as instances of a pledge for use. By spoiling a pledge of this kind, the pledgee forfeits interest, i.e. he loses the produce of a field, the use of a dwellingplace, &c. 126. ‘Negligence,’ with regard to a bull or other pledge for use, means that it is used at an unseasonable time, or too much, for drawing a cart or carrying a burden. With regard to a pledge for custody, it means that it is abandoned. ‘When it has been injured,’ as e.g. when an animal given as a pledge has lost one eye. ‘The king’ may cause the loss of the pledge, if he confiscates the whole property of a man and the pledge together with it, on account of a slight offence. The loss is caused ‘ by fate,’ if e. g. a pledge is stolen by athief. A. YAgfavalkya II, 59; Vishau VI, 6. 127. Identical with Manu VIII, 144. According to Medhatithi and Kullfka, the provision that the pledgee must make good the value of the pledge to the owner refers to those cases where the pledge has been injured or spoiled. According to Narayana, whose opinion is apparently shared by Asahaya, it means that the pledgee 74. NARADA. T, 128, forcibly. The pledgee who uses it forfeits the interest due to him. Moreover he must make good the value (of the pledge) to the owner. Otherwise he is (considered as) a thief of the pledge. 128. That foolish person who uses a pledge without authorization from the owner, shall lose one half of his interest, as a compensation for such use. 129. If a pledge for enjoyment has been given, (the creditor) must not take interest on the loan. Neither must he give or sell a pledge (of any sort) before the (stipulated) period has elapsed. *130. When a pledge, though carefully kept, loses its value after a certain time, (the debtor) must either give another pledge, or discharge the debt to the debtor. * 131. When a debtor has been disabled by a reverse of fortune (from paying the debt), he shall be made to discharge the debt gradually, according to his means, as he happens to gain property. * 132. If a wealthy debtor from malice refuses to must satisfy the owner of the pledge out of the profit derived from the use of the pledge. 128. Nearly identical with Manu VIII, 150. See Professor Buhler’s note.
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 surety for honesty is where the debtor denies having received a certain sum, or declares that he has restored it to the creditor, and is required thereupon to produce a surety for his veracity. A. Yagfavalkya II, 53; Vishnu VI, 41. 119. This paragraph is intended to show that the surety for appearance and the surety for honesty are equally responsible as the I, 122. DEBTS; SURETIES. 71 if they prove dishonest, the surety (for payment and for honesty) must pay the debt; and (so must the surety for appearance), if he fails to produce the debtor. 120, When there is a plurality of sureties, they shall pay each (proportionately), according to agreement. If they wete bound severally, the payment shall be made (by any of them), as the creditor pleases. *121. Twice as much as the surety, harassed by the creditor, has given (to the creditor), shall the debtor pay back to the surety. 122. By the mode consonant with religion, by legal surety for payment. A. Manu VIII, 158-160; Yagvavalkya LI, 53; Vishnu VI, 41. 120. Where a number of sureties have promised each to pay a certain stipulated share of the debt, in case of the debtor’s inability to discharge it himself, the liability of each surety does not extend beyond what has been promised by him. Where, however, all the sureties have declared their joint liability for the whole debt, the creditor may enforce payment from any one among them whom he thinks able to satisfy his demand. A. Yagfavalkya II, 55; Vishzu VI, 42. 121. When, however, the surety, anxious to obtain twice the -amount of the sum for which he has given security, should pay the sum to the creditor of his own accord, without being pressed to do so by the creditor, the debtor shall pay that sum only to him, and not the double sum. A. YAgviavalkya II, 56; Vishnu VI, 43. 122. Identical with Manu VIII, 49. According to Asahdya, four out of the five modes of recovery of a debt are equivalent to the traditional four means of obtaining success, viz. conciliation, division (bheda), presents, and violence. Thus, ‘the mode consonant with religion’ means conciliation, i.e. gentle remonstrances. If these should prove of no avail, ‘legal proceedings,’ or ‘division’ (bheda), shall be resorted to, i.e. the debtor shall be threatened with a plaint ina court of justice. After that, ‘presents’ or ‘fraud’ should be adhibited, i.e. a false hope of fictitious gain shall be held out to the debtor. If this mode also should prove unsuccessful, ‘force’ or ‘ violence’ 72 NARADA. J, 123. proceedings, by fraud, by the customary mode, and, fifthly, by force, a creditor may recover what he has lent. *123. A creditor who tries to recover his loan from the debtor must not be checked by the king, both for secular and religious reasons. 9. Pledges. *124. That to which a title is given (adhikriyate) is called a pledge. There are two kinds of it: a
2*123. A creditor who tries to recover his loan from the debtor must not be checked by the king, both for secular and religious reasons. 9. Pledges. *124. That to which a title is given (adhikriyate) is called a pledge. There are two kinds of it: a may be used, by fettering the debtor, or confining him, &c. The fifth mode, called the customary mode (Afarita), consists of fasting. If the creditor himself, or his son, or his servant, takes to fasting it is no offence; or he may confine his own son or threaten to kill him, or seize the property of a stranger, as a compensation. The commentators of the Code of Manu explain the five modes of recovery of a debt much in the same way as Asahaya. ‘Fraud,’ according to them, is when the creditor borrows money from the debtor under false pretences, or retains a deposit belonging to him. Vyavahdra, generally interpreted by ‘legal proceedings,’ means, according to Medhatithi, ‘engaging the debtor in agriculture, trade, or other work, and taking the proceeds of his labour.’ The ‘customary mode’ (aéarita) is variously explained as denoting ‘fasting,’ or ‘killing’ or ‘taking (one’s own or the debtor’s) family and cattle.’ Under the former interpretation, it is identical with the well-known ‘sitting in Dharna.’ See the translations of Manu, and Jolly, Ind. Schuldrecht, § 7. For an interesting parallel to the custom of Dharna from the Brehon Laws of Ancient Ireland, see Sir H. Maine’s Early History of Institutions, p. 297 foll. 123. A dishonest debtor who applies to the king for protection against a creditor enforcing his demand shall not be abetted by the king. ‘For secular reasons,’ i.e. in order not to disturb the established order of society. ‘ For religious reasons,’ i.e. in order not to offend against religious law. A. Nearly identical with Manu VIII, 50. Vishzu VI, 19; Yaghavalkya II, 40. 124. According to Asahdya, the pledge to be released within a specified time is again twofold, It may be either deposited with a ‘keeper of the pledge’ (Adhip4la), who is to return it on the pledge I, 127. DEBTS; PLEDGES. 73 pledge which must be redeemed within a certain time, and a pledge which must be retained till the debt has been discharged. *125. A pledge is again twofold: one to be kept only, and a pledge for enjoyment. It must be preserved precisely in the same condition (as at the time of its delivery); otherwise the pledgee loses interest. *126. The same thing happens when the pledge has been injured owing to the negligence of the pledgee. If it has been lost, the principal is forfeited, provided that the loss was not caused by fate or the king. *127. A pledge (for custody) must not be used
3*126. The same thing happens when the pledge has been injured owing to the negligence of the pledgee. If it has been lost, the principal is forfeited, provided that the loss was not caused by fate or the king. *127. A pledge (for custody) must not be used being restored at the time agreed on. Or it may be delivered to the creditor on condition of its being returned after the lapse of a certain period, say five or ten years. The usufruct of a ‘pledge to be retained till the debt has been liquidated’ shall belong to the creditor for ever, till the debt has been discharged. 125. Asahdya gives a house and a field as instances of a pledge for use. By spoiling a pledge of this kind, the pledgee forfeits interest, i.e. he loses the produce of a field, the use of a dwellingplace, &c. 126. ‘Negligence,’ with regard to a bull or other pledge for use, means that it is used at an unseasonable time, or too much, for drawing a cart or carrying a burden. With regard to a pledge for custody, it means that it is abandoned. ‘When it has been injured,’ as e.g. when an animal given as a pledge has lost one eye. ‘The king’ may cause the loss of the pledge, if he confiscates the whole property of a man and the pledge together with it, on account of a slight offence. The loss is caused ‘ by fate,’ if e. g. a pledge is stolen by athief. A. YAgfavalkya II, 59; Vishau VI, 6. 127. Identical with Manu VIII, 144. According to Medhatithi and Kullfka, the provision that the pledgee must make good the value of the pledge to the owner refers to those cases where the pledge has been injured or spoiled. According to Narayana, whose opinion is apparently shared by Asahaya, it means that the pledgee 74. NARADA. T, 128, forcibly. The pledgee who uses it forfeits the interest due to him. Moreover he must make good the value (of the pledge) to the owner. Otherwise he is (considered as) a thief of the pledge. 128. That foolish person who uses a pledge without authorization from the owner, shall lose one half of his interest, as a compensation for such use. 129. If a pledge for enjoyment has been given, (the creditor) must not take interest on the loan. Neither must he give or sell a pledge (of any sort) before the (stipulated) period has elapsed. *130. When a pledge, though carefully kept, loses its value after a certain time, (the debtor) must either give another pledge, or discharge the debt to the debtor. * 131. When a debtor has been disabled by a reverse of fortune (from paying the debt), he shall be made to discharge the debt gradually, according to his means, as he happens to gain property. * 132. If a wealthy debtor from malice refuses to must satisfy the owner of the pledge out of the profit derived from the use of the pledge. 128. Nearly identical with Manu VIII, 150. See Professor Buhler’s note.
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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