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

226 VYAVAHĀRAMAYŪKHA [ S. VII. 1-4.
[ M p. 118 ll. 12-21
A sale gift or pledge made without ownership should be rescinded (or
cancelled)¹
Asvāmī (in Kātyāyana) is a separate word and is an adverb Nārada
(pp 144-45 vv 2-3) says :
A purchase effected in public is blameless, (but) the purchaser incurs
the charge of theft by purchasing clandestinely If a man buys from a
slave who is not authorised by his master (to sell) or from a rogue (a
bad character) or in secret or at a low price or at an improper time he
is as guilty as a thief²
Tad-doṣaḥ means the guilt of a thief Yājñavalkya (II 171)
says
"Proof of the ownership of a thing lost (or stolen) must be given
(by the owner) by means of title or possession but otherwise on
failure of such proof by him he should pay to the king a fine equal to