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

S. V. 2. 7-8 ' PLEDGE 205
M. p. 106' l. 20-p. 107 l. 4 ]
Vyāsa says :
A pledge for custody only may, when the principal has become double
( with interest ) and in the case of a pledge for a fixed period when the
time fixed has expired, be appropriated to his use ( by the creditor )
after informing the family of the debtor.¹
Bṛhaspati ( p 325 v. 29 ) says ·
When the money ( lent ) has been doubled ( with interest ) and the
debtor is either dead or not heard of ( for a long time ) ( the creditor )
may catch hold of the debtor's chattel ( pledged ) and may sell it before
witnesses.
Yājñavalkya ( II. 61 ) says
In the case of ( a debt ) contracted on the pledge of caritra ( the
king ) should cause the debtor to pay the loan together with interest and
he should cause to be paid double ( the amount ) when money has been
lent with an undertaking ( to the effect that double the money only will
be paid )²
*When ( a borrower ) from his confidence in the creditor deposits with
him for ( securing ) a small amount a very valuable chattel or when ( a
lender ) from his confidence in the debtor keeps with himself ( as a security )
for considerable money a pledge of extremely small value, it is said to be a
caritra pledge Or caritra may mean the merit derived from ablutions in
the Ganges and the like and caritra-bandhaka means a transaction where
such merit is pledged Both these kinds of caritra pledges are not for-
feited to the creditor, even though the sum lent has become double ( with
interest ) i. e. it is the money that has to be paid though it has become
double and there is no forfeiture of the pledge. A pledge that is made with
satyaṅkāra is not forfeited even though the loan has become double ( with
interest ) The same author ( Yājñavalkya II. 62-63 ) says
The pledge shall be returned to the ( debtor ) when he comes ( to
redeem it ); otherwise he ( the creditor ) would be ( deemed ) a thief
If the lender is not present ( i. e is dead or gone abroad ) the debtor
may get back his pledge after keeping the money ( due to the creditor )
1 This is ascribed to Bṛhaspati by Aparārka
2. This verse states exceptions to the rule contained in Yāj II. 58 The Mayūkha
follows the Mit in giving two meanings of 'caritra-bandhaka'. The Mit gives two
meanings of 'satyaṅkārakṛtam' When at the time of making the pledge the debtor
expressly stipulates that there would be no forfeiture of the pledge but that he would pay
only double the amount lent then there is no forfeiture This is the first meaning and
the Mayūkha seems to have accepted this The other meaning is not restricted to pledges
alone If a man makes a contract of sale or purchase he may give a chattel like a ring as
an earnest ( satyaṅkāra ) If the sale goes off through the default of the man who gave the
earnest, then he forfeits the earnest, but if the sale goes off through the default of the other
party to the contract then the party guilty of breach had to pay double the price of the
earnest to the man who delivered the earnest. Vide notes to V. M. p. 325,

• P. 175 ( text ).