DOI Page / Citation link:
https://doi.org/10.11588/diglit.52452#0175
vin, 5.
SALES ; NON-DELIVERY.
147
merchandise is declared sixfold by the learned :
(what is sold) by tale, by weight, by measure,
according to work, according to its beauty, and
according to its splendour.
* 4. If a man sells property for a certain price,
and does not hand it over to the purchaser, he shall
have to pay its produce, if it is immovable, and
the profits arising on it, if it is movable property.
* 5. If there has been a fall in the market value
of the article in question (in the interval, the pur-
chaser) shall receive both the article itself, and
together with it the difference (in point of value).
This law applies to those who are inhabitants of
the same place ; but to those who travel abroad, the
is counted before selling it is said to be sold ‘by tale/ Betel-nuts may
be mentioned as an instance. ‘ What is sold by weight,’ such as
gold or sandal-wood and the like substances, which are weighed on
a pair of scales. ‘ What is sold by measure,’ such as rice or the
like. ‘ By work,’ such as animals giving milk or used for draught
or burden. ‘ According to its beauty,’ something handsome, as e.g.
a handsome prostitute. ‘ According to its splendour,’ or lustre,
as e.g. rubies. Viramitrodaya, p. 437. A similar exposition is
delivered in the Ratnakara, as quoted in Colebrooke’s Digest,
HI, 3, 3-
4. ‘The profits arising on it,’ such as e.g. the milk of a cow.
Viramitrodaya, p. 437. The VivadaZ’intamam (p. 55) and the
Ratnakara, as quoted in Colebrooke’s Digest (III, 3, 18), take the
term kriyaphalam as a Dvandva compound, denoting ‘ the work,
such as the carrying of burdens and the like, and the profits, such
as milk and the like.’ Vishzzu V, 127 ; Yagzzavalkya II, 254.
5. The previous paragraph contains the rule for those cases
where the value of the property has increased after its sale. The
present rule refers to those cases where the value of the property
has diminished after the sale. Viramitrodaya, p. 437. Those who
travel abroad, i. e. who are in the habit of visiting other countries
(for trading purposes), may claim the profit which might have
accrued to them from travelling abroad. VivadaX’intamazzi, pp. 55,
56. Vishzzu V, 129; Ya^vzavalkya II, 254.
L 2
SALES ; NON-DELIVERY.
147
merchandise is declared sixfold by the learned :
(what is sold) by tale, by weight, by measure,
according to work, according to its beauty, and
according to its splendour.
* 4. If a man sells property for a certain price,
and does not hand it over to the purchaser, he shall
have to pay its produce, if it is immovable, and
the profits arising on it, if it is movable property.
* 5. If there has been a fall in the market value
of the article in question (in the interval, the pur-
chaser) shall receive both the article itself, and
together with it the difference (in point of value).
This law applies to those who are inhabitants of
the same place ; but to those who travel abroad, the
is counted before selling it is said to be sold ‘by tale/ Betel-nuts may
be mentioned as an instance. ‘ What is sold by weight,’ such as
gold or sandal-wood and the like substances, which are weighed on
a pair of scales. ‘ What is sold by measure,’ such as rice or the
like. ‘ By work,’ such as animals giving milk or used for draught
or burden. ‘ According to its beauty,’ something handsome, as e.g.
a handsome prostitute. ‘ According to its splendour,’ or lustre,
as e.g. rubies. Viramitrodaya, p. 437. A similar exposition is
delivered in the Ratnakara, as quoted in Colebrooke’s Digest,
HI, 3, 3-
4. ‘The profits arising on it,’ such as e.g. the milk of a cow.
Viramitrodaya, p. 437. The VivadaZ’intamam (p. 55) and the
Ratnakara, as quoted in Colebrooke’s Digest (III, 3, 18), take the
term kriyaphalam as a Dvandva compound, denoting ‘ the work,
such as the carrying of burdens and the like, and the profits, such
as milk and the like.’ Vishzzu V, 127 ; Yagzzavalkya II, 254.
5. The previous paragraph contains the rule for those cases
where the value of the property has increased after its sale. The
present rule refers to those cases where the value of the property
has diminished after the sale. Viramitrodaya, p. 437. Those who
travel abroad, i. e. who are in the habit of visiting other countries
(for trading purposes), may claim the profit which might have
accrued to them from travelling abroad. VivadaX’intamazzi, pp. 55,
56. Vishzzu V, 129; Ya^vzavalkya II, 254.
L 2