Saddharma Pundarika

SR No.: 007677
Original Sutra Author: N/A
Author: H Kern
Publisher: Oxford
Publication Year: 1884
Total Pages: 2546
Language: English
Classification: Book_English
File Size: 46 MB

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262
LAWS OF MANU.
VIII, 47.
opposed to the (customs of) countries, families, and castes (gâti).
47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due).
48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay.
49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force.
50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own.
51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt twice-born men .... that he shall establish as law for countries, families, and castes, if it is not opposed to texts of the Sruti and Smriti).' Gov. reads anurūpam, conform with,' instead of aviruddham,'not opposed,' and seems to agree with Medh. He says,
And thus let him punish in lawsuits the litigant who acts in a contrary manner; and as here the phrase "what is practised by the virtuous" is used, this (rule) must refer to good conduct. But the rule, given in verse 41, must refer to laws other than those relating to good conduct.'
49. Vyavahârena, 'by suit of law' (Gov., Kull., Nâr.), or by threatening a lawsuit' (Nand.), or by forced labour' (Medh.), or by a forcible sale of property' (Râgh.). Âkarita, the customary proceeding,' i. e.' by killing one's wife, children, and cattle, and sitting at the debtor's door.' Brihaspati, quoted by Kull. and Rågh., or by fasting' (Gov.), or by the creditor's starving himself to death' (Nar.). This custom corresponds to the so-called prâyopavesana, or Dharna, and to the Traga of the bards.
50. Vi. VI, 19; Yâgñ. II, 40.
51. 'In this case self-help must not be used' (Medh.). Regarding the amount of the fine, see below, verse 139.
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