DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0101
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 pre-
served 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 for-
feited, 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. Asahaya 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 dwelling-
place, &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 a thief. A. Ygg-navalkya II, 59 ; Vishmi VI, 6.
127. Identical with ManuVIII, 144. According to Medhatithi
and Kulluka, 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 Narayawa, whose
opinion is apparently shared by Asahaya, it means that the pledgee
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 pre-
served 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 for-
feited, 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. Asahaya 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 dwelling-
place, &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 a thief. A. Ygg-navalkya II, 59 ; Vishmi VI, 6.
127. Identical with ManuVIII, 144. According to Medhatithi
and Kulluka, 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 Narayawa, whose
opinion is apparently shared by Asahaya, it means that the pledgee