Adhyaya 253

Verse 1

इत्य् आग्नेये महापुराणे व्यवहारो नाम द्विपञ्चाशदधिकद्विशततमो ऽध्यायः अथ त्रिपञ्चाशदधिकद्विशततमो ऽध्यायः व्यवहारकथनं अग्निर् उवाच गृहीतार्थः क्रमाद्दाप्यो धनिनामधमर्णिकः दत्वा तु ब्राह्मणायादौ नृपतेस्तदनन्तरम्

Thus, in the Agni Mahāpurāṇa, the two-hundred-and-fifty-second chapter called “Vyavahāra (Legal Procedure)” concludes. Now begins the two-hundred-and-fifty-third chapter, “The Account of Vyavahāra.” Agni said: A debtor who has received another’s wealth must repay the creditors in due order—having first paid what is due to a Brāhmaṇa, and thereafter what is due to the king.

Verse 2

राज्ञाधमर्णिको दाप्यः साधिताद्दशकं स्मृतम् पञ्चकन्तु शतं दाप्यः प्राप्तार्थो ह्य् उत्तमर्णकः

By order of the king, the debtor shall be made to pay; it is taught that, upon recovery of the debt, a tenth is to be taken. But for a hundred, five is to be paid (five percent), for the creditor has indeed obtained his due.

Verse 3

हीनजातिं परिक्षीणमृणार्थं कर्म कारयेत् ब्राह्मणस्तु परिक्षीणः शनैर् दाप्यो यथोदयम्

A man of lower social status who has become impoverished because of a debt may be made to perform work in order to repay it. But if a Brāhmaṇa has become impoverished, he should be made to pay only gradually, in installments, according to his income as it arises.

Verse 4

दीयमानं न गृह्णाति प्रयुक्तं यः स्वकन्धनम् मध्यस्थस्थापितं तत्स्याद्वर्धते न ततः परं

He who does not accept what is duly given, and who does not put his own wealth to use—his wealth is as though placed in the hands of a neutral custodian; it does not increase beyond that.

Verse 5

ऋक्थग्राह ऋणं दाप्यो योषिद्ग्राहस्तथैव च पुत्रो ऽनन्याश्रितद्रव्यः पुत्रहीनस्य ऋक्थिनः

He who takes an inheritance shall be made to pay the debt; likewise, one who takes the wife (in widow-marriage or guardianship) must pay. But the son of an heirless man—if his property is not dependent on or derived from others—alone is the rightful inheritor.

Verse 6

अविभुक्तैः कुटुम्बार्थं यदृणन्तु कृतम्भवेत् दद्युस्तदृक्थिनः प्रेते प्रोषिते वा कुटुम्बिनि

If an undivided joint family incurs a debt for the sake of the household, then the heirs to his estate should repay it when the householder has died or is long absent.

Verse 7

न योषित् पतिपुत्राभ्यां न पुत्रेण कृतं पिता दद्यादृते कुटुम्बार्थान्न पतिः स्त्रीकृतं तथा

A wife should not give away property acquired by her husband or son; likewise, a father should not give away what has been acquired by his son—except for the needs of the household. In the same way, a husband should not give away what has been acquired by his wife.

Verse 8

गोपशौण्डिकशैनूषरजकव्याधयोषितां ऋणं दद्यात्पतिस्त्वासां यस्माद्वृत्तिस्तदाश्रया

The husband should repay the debt of women such as the cowherd’s wife, the liquor-seller’s wife, the camp attendant’s wife, the washerman’s wife, and the hunter’s wife—because their livelihood depends upon him as their support.

Verse 9

प्रतिपन्नं स्त्रिया देयं पत्या वा सह यत् कृतं स्वयं कृतं वा यदृणं नान्यस्त्री दातुमर्हति

A debt duly undertaken must be repaid by the woman—whether contracted jointly with her husband or incurred by her herself. No other woman is entitled (or liable) to pay it.

Verse 10

पितरि प्रोषिते प्रेते व्यसाभिप्लुते ऽथ वा पुत्रपौत्रैर् ऋणन्देयं निह्नवे साक्षिभावितम्

When the father is away, or has died, or has been overwhelmed by calamity, the debt is to be paid by the son and the grandson; and in case there is denial, it is to be established by witnesses.

Verse 11

सुराकामद्यूतकृतन्दण्डशुल्कावशिष्टकम् वृथा दानं तथैवेह पुत्रो दद्यान्न पैतृकम्

A gift made from what remains of wealth obtained through liquor, lustful indulgence, gambling, fines, and tolls or fees is futile in this world (it yields no religious merit). Likewise, a son should not give away the paternal estate.

Verse 12

भ्रातॄणामथ दम्पत्योः पितुः पुत्रस्य चैव हि व्यसनाभिप्लुतेपि वेति ख , घ , ञ च प्रतिभाव्यमृणं ग्राह्यमविभक्तेन च स्मृतम्

In the case of brothers, husband and wife, and likewise of father and son—even if one is struck by calamity—the debt secured by surety (pratibhā) is to be recovered; and it is also held that an undivided co-parcener is liable for such recovery.

Verse 13

दर्शने प्रत्यये दाने प्रतिभाव्यं विधीयते आधौ तु वितथे दाप्या वितथस्य सुता अपि

In matters of appearance (before the court), proof, and the giving or transfer, the appointment of a surety is prescribed. But if, at the outset, the surety proves false (fails), then even the daughter of that false surety is to be made to pay (that is, his family becomes liable).

Verse 14

दर्शनप्रतिभूर्यत्र मृतः प्रात्ययिको ऽपि वा न तत्पुत्रा धनं दद्युर्दद्युर्दानाय ये स्थिताः

When, in a case, the surety for appearance (or production) has died—or even the surety who guarantees payment—his sons should not be compelled to pay that money; rather, those appointed for charitable disbursement should give it as a donation (dāna).

Verse 15

बहवः स्युर्यदि स्वांशैर् दद्युः प्रतिभुवो धनम् एकच्छायाश्रितेष्वेषु धनिकस्य यथा रुचि

If there are many sureties and they pay the money in their respective shares, then—among those sheltered under a single protection (treated as one group)—the creditor may proceed according to his preference.

Verse 16

प्रतिभूर्दापितो यत्र प्रकाशं धनिने धनम् द्विगुणं प्रतिदातव्यमृणिकैस्तस्य तद्भवेत्

Where a surety (pratibhū) has been compelled to pay the creditor the debt in an open and duly established manner, the debtor must repay that amount to the surety in double; that liability accordingly falls upon the debtor.

Verse 17

स्वसन्ततिस्त्रीपशव्यं धान्यं द्विगुणमेव च वस्त्रं चतुर्गुणं प्रोक्तं रसश्चाष्टगुणस् तथा

With regard to one’s own progeny, women, and livestock, grain is prescribed as double (in measure); cloth is declared to be fourfold; and liquid essences (such as ghee and the like) likewise eightfold.

Verse 18

आधिः प्रणश्येत् द्विगुणे धने यदि न मोक्ष्यते काले कालकृतं नश्येत् फलभोग्यो न नश्यति

A pledged article (ādhi) is forfeited when the debt becomes double; if it is not redeemed at the stipulated time, it is lost by lapse of time. But a pledge held for enjoyment of its produce (phalabhogya) is not forfeited.

Verse 19

गोप्याधिभोग्यो नावृद्धिः सोपकारे ऽथ भाविते नष्टो देयो विनष्टश् च दैवराजकृतादृते

A pledge or deposited article that must be kept concealed and not enjoyed yields no increase (interest). But if it is employed for gain, then even if it is lost it must be made good, and even if it is destroyed it must be compensated—except where the loss is due to an act of God or to the king’s act (state action).

Verse 20

आधेः स्वीकरणात्सिद्धौरक्षमाणोप्यसारताम् यातश्चेदन्य आधेयो धनभाग् वा धनी भवेत्

If, after a pledge has been duly accepted and established, the pledged article deteriorates in value even while being safeguarded, another article may be taken in pledge; or the creditor becomes entitled to a share of the debtor’s wealth, or may become the owner to that extent.

Verse 21

चरित्रं बन्धककृतं सवृद्धं दापयेद्वनं सत्यङ्कारकृतं द्रव्यं द्विगुणं प्रतिदापयेत्

He should compel repayment of a pledge-debt together with its accrued increase (interest). But property obtained by a fraudulent “oath-confirmation” should be made to be repaid back at twice its amount.

Verse 22

उपस्थितस्य मोक्तव्य आधिर्दण्डो ऽन्यथा भवेत् प्रयोजके सति धनं कुलेन्यस्याधिमाप्नुयात्

When the pledgor appears (with the due amount), the pledged property must be released; otherwise a penalty is incurred. If the pledgor is unavailable but a duly authorized agent is present, the agent may, on behalf of that family, redeem the pledge and recover the property/wealth.

Verse 23

तत्कालकृतमूल्यो वा तत्र तिष्ठेदवृद्धिकः प्रतिभाव्यमृणं साक्ष्यमविभक्तेन तत् स्मृतमिति ख , ग , घ , छ , ज , ट च विना धारणकाद्वापि विक्रीणीते ससाक्षिकम्

Or, having fixed the price according to the value at that very time, one should remain there without charging interest. Thus the rule is remembered: a debt secured by a surety, and testimony by one who is not a co-sharer (for an undivided co-owner is not an independent witness). In certain readings (kha, ga, gha, cha, ja, ṭa) it is also stated that even without a written instrument, a sale may be effected, provided it is made in the presence of witnesses.

Verse 24

यदा तु द्विगुणीभूतमृणमाधौ तदा खलु मोच्यश्चाधिस्तदुत्पाद्य प्रविष्टे द्विगुणे धने

But when, in a pledge or mortgage, the debt has become doubled, then the pledged property must indeed be released; the pledge-holder, having taken its produce, is deemed satisfied once the value received amounts to twice the principal (i.e., the equivalent of two times the debt).

Verse 25

व्यसनस्थमनाख्याय हस्ते ऽन्यस्य यदर्पयेत् द्रव्यं तदौपनिधिकं प्रतिदेयं तथैव तत्

If a person in distress, without declaring its particulars, entrusts property into another’s hand, that property is deemed an aupanidhika (a sealed/undisclosed deposit) and must be returned in exactly the same condition.

Verse 26

न दाप्यो ऽपहृतं तत्तु राजदैवकतस्करैः प्रेषश्चेन्मार्गिते दत्ते दाप्यो दण्डश् च तत्समम्

That stolen property is not to be made good by the keeper/agent when it has been carried off by the king’s officers, by fate (a divine calamity), or by thieves; but if, after being demanded and searched for, a servant/agent delivers it, then he must pay a fine equal to that value.

Verse 27

आजीवन् स्वेच्छया दण्ड्यो दाप्यस्तच्चापि सोदयं याचितावाहितन्यासे निक्षेपेष्वप्ययं विधिः

If someone, while still alive, voluntarily (without compulsion) misappropriates a deposit, he is to be punished with a fine and must also restore that property together with its increment (interest/profit). This same rule applies to a requested deposit (yācita-nyāsa), an entrusted deposit (āvahita-nyāsa), and deposits in general (nikṣepa).