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

S, XII, 8-XIII. 1. 8
M. p.130 l.22-p.131 l. 9 ] TRANSGRESSIONS OF CONVENTIONS 243
termed ' kulas ' ; ' pākhaṇḍins ' and ' naigamas ' have* been already
explained.¹ ' Gaṇas ' are the assemblages of these beginning with heretics
and ending with ' vrātas '. Yājñavalkya ( II 187 ) prescribes a punishment
for breaches of the conventions ( settled ) among these
Him who embezzles the property of a gaṇa or who violates their
established usages, the king should banish from the country after confis-
cating all his property ²
Here ends ( the section on ) the violation of conventions.
――――――
Now begins ( the section on ) rescission of purchase.
Nārada ( p. 149 v 1 ) says :
When a purchaser, after having purchased an article for a ( certain )
price, does not approve of it ( 1. e repents of the purchase ), it is termed
rescission of purchase, which is a title of law.
The same author ( Nārada p. 150 vv. 5-6 ) fixes the time for examin-
ing an article ( 1 e for buying an article on approval )
One should examine milch cattle within three days ( from purchase ),
beasts of burden for five days and the examination of pearls, diamonds
and corals may extend up to seven days. ( The examination ) of male
bipeds ( 1. e. male slaves ) may extend to half a month and twice that
( 1. e. for a month ) in the case of a female ( slave ), of all kinds of seeds
for ten days and for one day in the case of iron and clothes.³
Kātyāyana says .
The rescission ( lit. repentance ) in the case of land extends to ten
days for the purchaser or for the seller.
Bṛhaspati ( p. 350 v. 6 ) says
If some defect in any way is found ( by examination ) in the article
before these ( periods elapse ), the article should be returned to the seller
and the buyer should obtain the price thereof.
¶ Kātyāyana says :
If an article were purchased without being examined and was after-
――――――
1 Vide p 5 n 1 above for śreṇi, pūga and kula. Kātyāyana ( vv. 678-680 ) defines
the terms mentioned in this verse of Nārada ' Pūga ' is variously explained Mayūkha
gives one explanation Kāt explains it as ' companies of traders ' Vīr explains it as ' horse
riders and elephant riders '. Kāt, explains ' vrāta ' as meaning ' troops of soldiers armed
with various weapons ' and ' gaṇa ' as an assembly of brāhmaṇas ' Vide notes to V. M. p.
386 for examples of conventions prevalent among heretics &c
2 This punishment was to be awarded for serious offences, but for light ones Manu
( VIII. 220 ) prescribed a fine of four suvarṇas or six niskas &c.
3. Compare Yāj. II 177 These rules can apply only if the thing was purchased without
examination.

• P. 216 ( text ). ¶ P. 217 ( text ).