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

206 VYAVAHĀRAMAYŪKHA [ B. V 2. 8-3.1 / M. p. 107 ll. 6-25
with some other person in the family (of the creditor) or its price at
the time being appraised (by arbitrators) it should remain with the
creditor but interest shall cease.
The meaning is: When the creditor is not present the pledge should be taken
back after paying the debt with interest into the hands of some one else in
the creditor's family, but if he (debtor) desires to pay the debt by selling
the pledge its price at that time should be ascertained and the pledge may
be kept (with the creditor) but without interest (from that date). Bṛhaspati
(p. 324 v. 23) says
When a field or other property has been enjoyed (by the creditor)
and from that property large income has accrued the debtor shall recover
his pledge if the principal and interest has been covered thereby (i. e. by
the income received).¹
Yājñavalkya (II. 64) says
When a debt has become double (by interest) and then a pledge is
made (to secure it) then the pledge shall be returned after double the
principal has been recovered from the profits thereof.²
Now (begins the discourse on) sureties
Yāj (II. 53) declares that a surety is of three kinds.³
Suretyship is ordained for appearance for assurance (or trust) and
for payment.
"Pratyayaḥ (in Yāj) means the inspiring of confidence by saying
'this man is honest'. But Bṛhaspati (p. 327 v. 40) mentions four kinds
(of sureties):
One says 'I shall produce the man', the other (second) says 'he is
a trustworthy man', (a third one) says 'I shall pay the money (lent
1 This verse applies to bhogyādhi. The agreement in a bhogyādhi may be of
two kinds, viz. that the income derived from the enjoyment of the pledge should be taken in
lieu of interest or that a portion of the income may be taken in lieu of interest and the
residue of the income be applied towards reduction of the principal. In this latter case the
creditor will have to keep an account. Vide Mit. on Yāj II. 64 for these two agreements.
2. Vide notes to V. M. pp. 327-328 for detailed explanation. According to the Mit.
and Aparārka a pledge the income of which is to be taken in lieu of interest and in part
reduction of principal is called kṣayādhi. This term and Yāj II. 64 apply to different
matters, the latter applies where the pledge is fortuitously only.
3. This verse of Yāj. is quoted in Smṛ. C. II. 10-9. Vide notes to Kāt. v. 531 for historical
treatment.
F 170 (text).