DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0100
72
NARADA.
T, ,23.
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
may be used, by fettering the debtor, or confining him, &c. The
fifth mode, called the customary mode (aZ’arita), 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.
Vyavahara, 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 ‘ cus-
tomary mode ’ (a/earita) 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 FI.
Maine’s Early History of Institutions, p. 297 foil.
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 estab-
lished order of society. ‘ For religious reasons,’ i. e. in order not to
offend against religious law. A. Nearly identical with Manu VIII,
50. Vishmi VI, 19; Ya§ffavalkya II, 40.
124. According to Asahaya, the pledge to be released within
a specified time is again twofold, It may be either deposited with a
‘ keeper of the pledge ’ (adhipala), who is to return it on the pledge
NARADA.
T, ,23.
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
may be used, by fettering the debtor, or confining him, &c. The
fifth mode, called the customary mode (aZ’arita), 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.
Vyavahara, 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 ‘ cus-
tomary mode ’ (a/earita) 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 FI.
Maine’s Early History of Institutions, p. 297 foil.
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 estab-
lished order of society. ‘ For religious reasons,’ i. e. in order not to
offend against religious law. A. Nearly identical with Manu VIII,
50. Vishmi VI, 19; Ya§ffavalkya II, 40.
124. According to Asahaya, the pledge to be released within
a specified time is again twofold, It may be either deposited with a
‘ keeper of the pledge ’ (adhipala), who is to return it on the pledge