Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya — John Shaqi
Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
35. Of treasure found by any one else,[92] the monarch shall take a
sixth.[93] If the finder do not make report, but [his discovery] comes
to light, he shall surrender [what he has found], and shall, besides,
be punished.
36. Stolen property, however, is to be given up by the monarch to the
subject; seeing that, if he do not give it, he shall bear all the sin
of that person from whom [it is stolen].[94]
37. Where there is a pledge, the interest, month by month, shall be an
eightieth part; otherwise, two, three, four or five parts, in a
hundred, according to the order of cast.[95]
38. They however who travel in forests[96] give ten parts; they who
go to sea, twenty parts, in a hundred. Or, all[97] must render to all,
of whatever cast, the rate of interest settled amongst themselves.[98]
39. But for cattle and women lent [the return] is, their offspring:
the highest encrease demandable for use of liquids[99] is eight-fold;
for wearing apparel, for corn, and for gold, four-fold, three-fold and
two-fold respectively.
40. The monarch should not blame one who enforces a recognised
debt.[100] If he, against whom the debt is enforced, complain to the
monarch, he may be punished, besides being compelled to pay the debt.
41. The debtor [as a general rule] shall be made to pay his creditors
in the order in which he has received from them; but a bráhmaṇ he
is to pay [first], and, after him, the monarch.
42. The debtor shall be made to pay to the monarch ten parts in a
hundred of the sum proved against him;[101] and the creditor, when he
has recovered his property, five parts.[102]
43. One of inferior cast,[103] who is without means, may be compelled
to labour[104] in discharge of his debt; but a bráhmaṇ,[105]
wanting means [to discharge his debt at once], shall pay gradually in
proportion to what may come to him.
44. If one do not accept restitution of his property on loan when
offered, it is to be delivered to some third party; from which time it
ceases to carry interest.
45. A debt incurred by undivided kinsmen on account of the family
shall be discharged by the heirs of the head of the family, should the
latter die or leave the country.[106]
46. A woman has not to pay a debt incurred by her husband or by her
son, nor a father the debt of his son; except such debts be incurred
on account of the family: and it is the same with a husband [in
respect of a debt] incurred by his wife.
47. A son has not to pay, in this world, his father's debt incurred
for spirituous liquor,[107] or, for gratification of lust, or in
gambling, nor a fine, nor what remains unpaid of a toll; nor [shall
he make good] idle gifts.[108]
48. As to debts of wives of herdsmen, distillers, players, washermen
and hunters, the husbands have to pay; because their maintenance
depends upon their wives.
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