Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
49. A debt acknowledged,[109] one incurred by her jointly with her
husband, one incurred by herself [solely][110]--these must be paid by
the wife; none other need be paid by her.
50. If a father have gone abroad, or died, or been subdued by
calamity,[111] his debt shall be paid by his sons and grandsons;[112]
on their denial,[113] the debt must be proved by witnesses.
51. He who takes the property of one who leaves no [capable][114] son,
shall pay the debts; so, he who takes[115] the widow; also that son
whose paternal estate no other has appropriated, [and who in such
case shall always be deemed] fit to inherit property;[116] and if one
die without any son, then, whosoever succeeds to the property.
52. To become surety, to be indebted, and to give evidence, is
unlawful between brothers, between husband and wife, or between father
and son; except, where they are separated in property.
53. Giving surety is enjoined for appearance, for confidence,[117] and
for payment.[118] If there be a failure of either of the first two,
the surety [himself] in each case shall pay; of the third, his sons
[also] must pay.
54. If surety for appearance or for confidence die, the sons have not
to pay; of a surety for payment, the sons have to pay.[119]
55. If there are several sureties, they shall pay the debt according
to their respective liabilities: if all have undertaken for the entire
debt,[120] they shall [severally be made to] pay at the option of the
creditor.
56. If a surety be compelled by process of law[121] to discharge the
debt, the [principal] debtors shall reimburse him double the amount
paid.
57. For [use of] women and cattle, the offspring shall be given: for
corn, [a return of] three fold; for apparel, four fold; for liquids,
eight fold.
58. [The owner's property in] a pledge is forfeited if it be not
redeemed when the debt is doubled; of one made for a definite period,
it is forfeited at the specified date. [The property in] a pledge with
usufruct[122] does not become forfeit.
59. If a [simple] pledge be put to use, no interest is [demandable]:
so it is if a pledge with usufruct be damaged. If the pledge be wholly
spoiled or be destroyed, it must be replaced; except where caused by
accident,[123] or by the monarch.[124]
60. A pledge is complete upon acceptance.[125] If the thing pledged
have become worthless, although [duly] cared for, either another shall
be given [in its place], or the creditor shall receive back his money.
61. If a pledge be [given or taken, in reliance] upon character,[126]
the debtor shall be made to pay with interest: the debtor shall be
made to repay two-fold, if he received on his plighted word.[127]
62. If one come [and pay his debt], the pledge shall be released;
otherwise he [who has the pledge] is a thief:[128] should the creditor
be absent, the debtor is to receive back his pledge upon paying the
debt to the family;[129]
Public-domain text, read in full here on John Shaqi.
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