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
[Footnote 94: Manu ch. 8, sl. 40: in which, to the monarch who fails
to make restitution is imputed the guilt of the thief. Sir Wm. Jones'
translation of this passage is too indefinite.]
[Footnote 95: _i. e._ The bráhmaṇ borrower gives two hundredths,
the kshattriya three hundredths, &c. (_M._) But Jagannát'ha, in his
Digest (Colebrooke, B. 1, c. 1, s. 28) interprets the text inversely,
_viz._ the bráhmaṇ creditor takes two _suvarṇas_ in a hundred, the
kshattriya three, and so on. Manu, ch. 8, sl. 140-142.]
[Footnote 96: where there is risk of life or property. (_M._)]
[Footnote 97: as well bráhmaṇs as others, (_M._) Manu ch. 8, sl.
157.]
[Footnote 98: _scil._ Notwithstanding the above provisions of the law,
where nothing is expressly stipulated, whatever interest is contracted
for must be given and taken.]
[Footnote 99: oil, ghee, &c. (_M._)]
[Footnote 100: Manu enumerates five modes of enforcing or recovering a
debt; persuasion, law-suits, artifice, worrying, force: ch. 8, sl.
49.]
[Footnote 101: as a fine. (_M._)]
[Footnote 102: to defray the cost of adjudication. (_M._)]
[Footnote 103: This includes one of equal cast (_M._) Manu ch. 8, sl.
177; also ch. 9, sl. 229.]
[Footnote 104: in conformity with the usages of his class. (_M._)]
[Footnote 105: This includes every debtor of superior cast to the
creditor. (_M._)]
[Footnote 106: This rule of course (as observed by the Commentator)
includes the head or manager of the family himself, if alive. Manu,
ch. 8, sl. 166.]
[Footnote 107: for drinking. (_M._)]
[Footnote 108: _e.g._ what is promised to a flatterer, a mountebank, a
panegyrist, a prize-fighter, &c. (_M._) Manu ch. 8, sl. 159.]
[Footnote 109: The Commentator explains this to mean, an
acknowledgment by the husband on his death-bed or when about to go
abroad.]
[Footnote 110: Colebrooke's translation of this passage adds "or son,"
but this is unauthorised either by the text or the Commentary.]
[Footnote 111: The Commentator adduces in illustration, his being
afflicted with incurable disease.]
[Footnote 112: and this, notwithstanding they are wholly without
patrimony or estate derived from their father. (_M._)]
[Footnote 113: that there is such a debt.]
[Footnote 114: capable of inheriting and managing. (_M._)]
[Footnote 115: _i. e._ marries.]
[Footnote 116: This is the reading sanctioned by the Commentator,
_viz._ _putro' nanya'sritadravyah_, signifying, that, on failure of
those before designated, a son who would be otherwise incapable, by
reason of blindness, &c. is to be deemed capable. Another reading may
be, as suggested by the Commentator, _putro nú'aya'sritadraoyah_, "not
the son whose paternal estate another holds," which is adopted by
Colebrooke, and by his author, Jagannát'ha, (Dig. B. 1, ch. 5, s.
171)]
[Footnote 117: _e.g._ "Give such a one money, he will not deceive you;
he is the son of such a one." (_M._)]
[Footnote 118: "If he do not pay, I will." (_M._)]
[Footnote 119: Manu ch. 8, sl. 160-162.]
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