व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)
Vyavahara Mayukha of Nilakantha Bhatta
नीलकण्ठ भट्ट (सम्पादक: पी. वी. काणे) द्वारा
पृष्ठ 247, कुल 332 में से
संदर्भ में पढ़ें230 VYAVAHĀRAMAYŪKHA [B. V. 4. 19-20 / M. p. 114 l. 26-p. 115 l. 8]
The meaning of the last quarter is that in the absence of a rich son
the taker of the widow must pay the debts (of the deceased) on account
of the text of Yāj (II. 51) cited above. Kātyāyana says
A debt incurred for (the purposes of) the family by the slaves, the
wife, the mother the pupil or the son (of the head of the family) even
without his consent when he is gone abroad should be paid by him (by
the head of the family) This is the view of Bhṛgu.¹
Yājñavalkya (II 46) says
A woman is not bound to pay a debt incurred by her husband or son,
nor is a father (bound to pay a debt) contracted by his son nor the
husband (a debt) contracted by his wife unless the debt be contracted
for the purposes of the family
Kātyāyana says
That which has been promised or which was ratified after (it was
contracted) must be paid ²
Nārada (p 45 v 11) says
The father should pay that debt of the son which was contracted (by
the son) in serious difficulties (i. e in danger to life)
Yājñavalkya (II 48) says
Among herdsmen vintners dancers washermen, hunters, the husband
must pay the debts of his wife since their livelihood depends on the
wives ³
The same author (Yāj II 49) says
A *woman should pay a debt (of her husband) agreed to by her or
which was contracted by her jointly with her husband or a debt which was
contracted by herself alone she need not pay other debts ⁴
A woman taking the estate shall pay debt (of the deceased) even when
she did not agree to it. To the same effect is Kātyāyana:
A wife who was addressed by her husband when about to die 'you
- This verse and the following one of Yāj. are quoted in Virasvami v Appasvami
1 Mad. H. C. R. p. 375 at p. 379 n (where it was held that, when a husband married a
second wife and the first wife left him, the first wife had no implied authority to borrow
money for her support) Compare Manu VIII. 166, Yāj. II 45, Nār. p. 45 v 12 and Bṛ
p. 329 v 50 - This verse refers to a debt not contracted for the purposes of the family but is an
individual debt which another member of the family (such as the father or brother) was
not bound to pay unless he promised at the time that he would pay it or unless he ratified it. - This is quoted in Raghunathji v Bank of Bombay 31 Bom. 72 at p. 78. Compare
Nārada p. 47 v 19 and Viṣṇu VI. 37 for the same rule. - This verse is quoted in 1 Bom. 121 at p 121. In Narotam v Nanka 6 Bom
473 (where most of the texts as to a woman's liability for husband's debt are discussed)
it was held that a married woman who contracts a debt jointly with her husband is
liable to the extent of her strīdhana only and not personally
P 189 (text)