व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

148 VYAVAHĀRAMAYŪKHA [ S. IV 7 32-35. / M p. 76 ll. 1 35
these also according to some are applicable to re-united (coparceners)
residing in different districts But these texts are in reality without autho-
rity Or the texts might have been composed by some one based on reason-
ing such as the following When the place the time and the agents are the
same a single performance (of religious rites) follows from the reasoned con-
clusion (of the mīmāṁsā) while a single performance even when the agents
are different may be ordained (as above by Nārada) in express words, but
in case the districts are different srāddhas and the like are to be performed
separately (even by undivided members) as there is (on this point) absence
of a reasoned mīmāṁsā conclusion and of an express text This is (in brief)
the idea
Nārada (p. 199 vv 38–40) mentions other signs also of division
It is (only) divided brothers and not undivided ones that can become in re-
spect of each other witnesses or sureties or can give a debt or take back a debt
(from each other) *Receiving and paying back a debt the acceptance of
beasts (kine &c) of food of houses and fields must be regarded as separate
in the case of those who are divided as also documents income (by way of
interest) and expenditure. People should regard them to be divided even
though there be no writing in whose case these transactions are entered
into openly with their co-heirs
Dāna (giving) and grahaṇa (taking back) have reference (in the first
verse) to debts, the same dāna and grahaṇa are repeated in the second
verse for the sake of clearness The meaning is the acceptance (by way of
a gift) of beasts and the rest produces (separate) ownership in the case of
divided members when it is effected by each separately while in the case of
undivided members, it (acceptance) when effected by one member produces
ownership even in the others (The word) dāna-dharma¹ means a deed
and the like āgama means addition of interest (kalā) to the principal
Bṛhaspati (391 v 92) says
Those who have their income expenditure and mortgage dealings sepa-
rate and who enter with each other into transactions of money lending and
trade are beyond doubt divided
Vaṇikpatham means the business of a trader Yājñyavalkya (II 52) says:
Among brothers between husband and wife and between father and son
the relationship of being a surety or of debtor and creditor or of being
witnesses has not been declared (in the texts) when they are undivided
In the absence of these indicia (of division) ordeals (are to be re-
sorted to) since the same author (Yāj II 22) has declared
In the absence of (any one of) these (human means of proof) one out
of the divine (means of proof ordeals &c) is ordained

1 This word may mean gifts and other religious or charitable act
P 133 (text).