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

202 VYAVAHĀRAMAYŪKHA [S. V I. 7 2 2
N p. 104 l. 32 p. 105 l. 15
it is but only once calculated.¹
Vijñāneśvara and others who are conversant with traditions say that
in one transaction of money-lending if interest is received at various times,
more than the highest interest (allowed by the śāstra at one time) may be
recovered (in the aggregate)
Now the rules about pledge.
Bṛhaspati (p 322 v 17) says
Ādhi is known as a pledge and is declared to be divisible into
four varieties viz movable, immovable, for custody (only) and for
use ²
Nārada (p 72 v 124) says
An ādhi (pledge) is that which is kept with (a creditor) with
power (to him over it) it is known to be of two kinds viz one to be
redeemed at or within a fixed time (the other) to be retained till the
debt is paid off ³
Hārīta says
A pledge must be preserved in the same state in which it was deposited
(with the creditor) otherwise the (pawnee) loses his interest and if
there be damage to or loss of the pledge, the principal is lost

• Vyatikramaḥ means loss of the pledge Yājñavalkya( II

59. says
    If a pledge that is to be kept in custody only were used (by the
    creditor) he shall receive no interest, so also if a pledge that is to be
    used be damaged.
    Hāpito means reduced to a state in which it is unfit for use
    Kātyāyana says
    (The creditor) who would make the pledge work against the latter's
    will and without the consent (of the pledgor) shall be made to pay (the
    price of) the fruits of labour (to the pledgor) or he would not get his
    interest ⁴

1. There is another reading sakṛdāhṛtā (when recovered at one time and not by
   driblets every day or month) This verse of Manu is quoted in Dagdusa v Ramchandra
   20 Bom. 611 at p. 615 and it is held that arrears of interest recoverable at any one time
   are limited by the principal remaining due at that time. The words of the Mayūkha eta-
   prayoge &c. constitute the second rule mentioned above.
   2 Gopya means to be kept in one's custody without being used or enjoyed.
   The fourfold division is overlapping and not logical. The pledge of a movable may be gopya
   or bhogya as well Nārada's division given in the following verse is much better
   3 Nārada divides each of these into gopya and bhogya and these two again
   may be subdivided into immovable and movable.
   4 This verse refers to slaves pledged by way of gopyādhi. Compare Manu VIII 144
   and J. C. Ghose (text p. 179 and tr p 227) and 146. Yāj. II 59 (first half).
   p 173 (text)