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

S. IX. 4-6 ] RESUMPTION OF GIFTS 233
M. p. 122 l. 32-p 123 l. 16 ]
made to pay the highest amercement.¹
What may be given is thus declared by Bṛhaspati ( p. 312 v. 3 ) ·
What remains after (providing) for the food and clothing of the family
may be given.
Kātyāyana declares what must be given ( without fail ) ·
He who, having voluntarily promised a gift to a brāhmaṇa, does not
deliver it should be compelled to give it as if it were a debt and should
be fined the first amercement.
Gautama ( V. 21 ) says ' one should not give, even after promising to
give, to a man who does what is forbidden ' ( by the s'āstras ) Vyāsa forbids
the gift or sale of means of livelihood ²
Those who are born and those who are yet to be born and those who
are in the womb wish for means of livelihood; so no gift nor sale ( of vṛtti
' can be effected ).
Nārada ( pp. 128-129 vv. 3 and 8 ) sets out the various kinds of valid
and void gifts :
*Of valid gifts there are seven varieties and invalid gifts are of sixteen
varieties. The price paid for goods, wages, what is paid for pleasure
( from dancers or bards ), a gift through affection, a gift from gratitude,
a gift to a bride's kinsmen and gifts for charitable purposes-these are known
as valid gifts by those who have knowledge of gifts.
' Anugraha ' means ' dharma ' ( religious and charitable purposes )
Nārada ( pp. 129-130 vv. 9-11 ) says :
Invalid gifts are ( sixteen ) as follows · What has been given by men
under the influence ( or pressure ) of fear, anger, pangs of sorrow, or as a
bribe or in jest, or under misapprehension ( as to person or thing ), or
through fraud, or given by a child or by a fool or by one who is not his
own master, by one who is distressed, by one intoxicated, by one who is,
insane; or what is given from the desire of a reward thinking ' this man
will do me some good turn '; what is given through ignorance to an
undeserving person because it was proclaimed that he was a worthy
person, what is given for a purpose which is really sinful ( though
thought to be meritorious )—all these are known to be invalid gifts ³

1. Manu VIII. 138 lays down 1000 paṇas as the highest amercement, 500 as middle
   and 250 as first, and Yāj. I. 366 prescribes 1080 as the highest fine, half of it as mid-
   dling and quarter of it as first or lowest
2. ' Adharmasaṃyukta ' in Gautama means one who is guilty of visiting a prosti-
   tute and such other censurable conduct. ' Vṛtti ' — Mandlik takes it in the modern sense
   of ' a religious office such as that of a village priest ' by which a man makes his livelihood,
   but it is not necessary to do so
3. In Javerbai v Kablibai 15 Bom 326 at p. 336 it was said that Nīlakaṇṭha does
   not place a conditional gift amongst those which are essentially void and that in the works
   of other Hindu writers the word ' upādhi ' usually implies fraud and not merely condition.
   With the last two in Nārada compare Manu VIII. 212.

• P. 204 ( text ).
  V. M. 30