DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0125
1,239- INVALID EVIDENCE; OATHS. 97
* 236. A timely reminder, argument, and, thirdly,
an oath, these are the measures which a plaintiff
should adopt against his adversary.
* 237. He who does not refute his (adversary’s)
statements, though he has been reminded again and
again, three, or four, or five times, may be compelled
to pay the debt in consequence.
* 238. If the defendant has rejected a demand (to
pay), he shall aggress him with arguments relative
to place, time, matter, the connexions (existing be-
tween the two parties), the amount (of the debt), the
contents (of the written contract), and so forth.
*239. If arguments also are of no avail, let him
cause the defendant to undergo one of the ordeals,
by fire, water, proof of virtue, and so forth, (which
may seem) appropriate to the place, to the season,
and to the strength (of the defendant).
236. ‘A timely reminder,’ timely appeals to the debtor and to
the witnesses who have attested the loan. ‘ Argument,’ arguing that
the sum in dispute has been previously repaid, or the obligation
acknowledged by the debtor. Thirdly, he may attack the defendant
with an oath or ordeal, such as e.g. by causing him to swear by his
own good actions, or to undergo the ordeal of sacred libation, &c.
A. The term‘a reminder’is not correctly explained byAsahaya,
as the rule under notice refers to those cases where witnesses are
missing.
237. If a debtor has again and again been addressed by his
creditor, saying, ‘ Thou owest me money,’ and the debtor does not
deny the correctness of the assertion, he shall be bound to pay the
debt. Raghunandana’s Vyavaharatattva.
238. Asahaya says that the various arguments mentioned in this
verse shall be resorted to successively, arguments relative to time
having to be proffered when arguments relative to place have failed,
and so on.
239. The term j-apatha denotes both an ordeal and an oath in
this place, though some of the commentators deny that japatha may
have the former meaning.
[33]
II
* 236. A timely reminder, argument, and, thirdly,
an oath, these are the measures which a plaintiff
should adopt against his adversary.
* 237. He who does not refute his (adversary’s)
statements, though he has been reminded again and
again, three, or four, or five times, may be compelled
to pay the debt in consequence.
* 238. If the defendant has rejected a demand (to
pay), he shall aggress him with arguments relative
to place, time, matter, the connexions (existing be-
tween the two parties), the amount (of the debt), the
contents (of the written contract), and so forth.
*239. If arguments also are of no avail, let him
cause the defendant to undergo one of the ordeals,
by fire, water, proof of virtue, and so forth, (which
may seem) appropriate to the place, to the season,
and to the strength (of the defendant).
236. ‘A timely reminder,’ timely appeals to the debtor and to
the witnesses who have attested the loan. ‘ Argument,’ arguing that
the sum in dispute has been previously repaid, or the obligation
acknowledged by the debtor. Thirdly, he may attack the defendant
with an oath or ordeal, such as e.g. by causing him to swear by his
own good actions, or to undergo the ordeal of sacred libation, &c.
A. The term‘a reminder’is not correctly explained byAsahaya,
as the rule under notice refers to those cases where witnesses are
missing.
237. If a debtor has again and again been addressed by his
creditor, saying, ‘ Thou owest me money,’ and the debtor does not
deny the correctness of the assertion, he shall be bound to pay the
debt. Raghunandana’s Vyavaharatattva.
238. Asahaya says that the various arguments mentioned in this
verse shall be resorted to successively, arguments relative to time
having to be proffered when arguments relative to place have failed,
and so on.
239. The term j-apatha denotes both an ordeal and an oath in
this place, though some of the commentators deny that japatha may
have the former meaning.
[33]
II