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

$\left.\begin{matrix}S. IV, 11, 12-V, 1, 1
M. p. 102-11. 8-23\end{matrix}\quad\right]$ EXCLUSION FROM INHERITANCE 197
The daughters of these (excluded persons) should be maintained
till they are married and their sonless wives leading a virtuous life
should also be maintained; but the unchaste ones should be expelled
and so also those who are hostile.
According to Madana and others in the case of unchastity, they (the
wives of excluded persons) should be expelled and not fed, when they
are hostile they should be (only) expelled but maintenance must be
given to them.$^{1}$
(Here) ends the (section on) partition of heritage.
Now begins (the section on) recovery of debts.$^{2}$
Hereon Bṛhaspati (p 319 v 1) states the procedure to be followed
by the creditor in lending money:
A creditor should always advance a loan after securing a pledge of
adequate value or a hypothecation or substantial sureties or have it
consigned to writing or before witnesses.$^{3}$
'Bandha' means a restrictive agreement (by the debtor) in the
form 'so long as the debt due to you is not discharged, I shall not enter
into a transaction of gift, sale or mortgage of this house, field or other thing.'
Lagnaka' means 'a surety'. The same author (Br p 320 v. 2) says.
*Since it (loan) is recovered without any qualm four times or eight
times (as much) from a wretched man who is sinking (distressed),
it is therefore known as kusīda (usury)$^{4}$

1. The Mit. says that merely because they are hostile they should not be deprived
   of maintenance if they are chaste The V. R remarks that 'pratīkūla' does not mean
   'quarrelsome' but connotes hostility (such as attempt to poison &c.). Vide Valu v.
   Ganga 7 Bom 84 at p. 88 where the verse of Hārita together with the comment of Mayūkha
   is quoted and also Ilata Shavitri v. Ilata Narayanan 1 Mad H. C. R. 372 where the
   Mayūkha is quoted in a note.
   2 There are, according to Nārada, seven heads to be discussed under the title of
   'recovery of debts', two from creditor's point of view (viz the method of lending and the
   manner of recovering) and five from the debtor's point of view (viz what debts must be
   paid, what debts need not be paid, who is liable to pay debts, at what time, and in what
   manner)
2. Vide notes to V. M pp 318-319 for the various definitions of ādhi and bandha.
   The two words are often used as synonyms Bṛhaspati himself defines 'ādhi' as bandha
   later on (under 'pledge'). 'Ādhi' is here distinguished from 'bandha' and means
   'a pledge or mortgage with possession' while 'bandha' seems to be a simple mortgage
   or hypothecation, where the creditor is not given possession and the thing remains in the
   possession of the debtor or a common friend. Vide Mit on Yāj. II. 59.
3. This gives an etymology of 'kusīda' from 'ku' (bad) and 'sīda'.

• P. 167 (text)