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

S. V. 4.4-7 RECOVERY OF DEBTS 211
M. p. 110 ll. 2-24 ]
'Na vārayet' means 'would not tender'; 'cārake' means 'in jail';
'rakṣiṇaḥ' means 'he should be kept with guards who are told (about
his being confined for debt)'; 'prātyayikaḥ' means 'trustworthy'. Bṛhaspati
(p. 331 v. 60) says:
When the time fixed (for payment) has elapsed and interest has
ceased (owing to the debt having risen to double the principal) the
creditor should recover the debt or the debtor should execute a bond
by the mode of compound interest ¹
'Pūrṇāvadhau' means 'when the debt has risen to double or the like'.
Hence it is reasonable that interest ceases (in such a case). The creditor
should recover (i. e. take) the debt. 'cakravṛddhi' means 'calculation
of interest (on the aggregate) after adding interest to the principal'. Nārada
(p. 71 v. 131) says
"If a debtor is unable to pay owing to adverse times, he should be made
to pay the debt gradually (by instalments) according to his means and ac-
cording as he happens to acquire (money or property).
Manu (VIII. 177) says.
Even by (doing) work (suited to his caste) should the debtor make
himself equal to his creditor, if (the debtor) be of the same caste (as
the creditor) or of a lower one. But a debtor of a higher caste (than
the creditor) may pay (the debt) gradually ²
As regards what Yājñavalkya (II. 43) says
(The creditor) may make a debtor of a lower caste work personally
for liquidating the debt, if he be indigent, an indigent brāhmaṇa how-
ever should be made to pay gradually according as he happens to have
means (or money)
there the word brāhmaṇa stands for any one of a superior class The same
author (Yāj II 40) says ·
A creditor recovering an admitted debt (by the expedients of dharma
&c.) will not be liable to be blamed by the king, a debtor from whom
(an admitted debt) is being recovered (by the above expedients) should
be fined, if he goes (i e. complains) to the king and should be made to
pay the debt.
Bṛhaspati (p 331 vv. 62-63) says ·

1. This refers to capitalisation of interest and an agreement to pay interest on interest
   (and principal) This verse together with the comment of V. M. is quoted in Suklal v Bapu
   24 Bom 305 at p 308 for the proposition that capitalisation of interest was allowed in
   Hindu Law.
   2 In the first half we must understand that the debtor belongs to the kṣatriya,
   vais'ya or s'ūdra caste and the creditor belongs to the same caste as the debtor or to a higher
   one. As regards a brāhmaṇa debtor the rule is contained in the last pāda 'Make himself
   equal &c.' i e he should be free from being indebted to him Compare a similar rule
   about fines in Manu IX. 229.

• P. 181 (text).