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

S. XIII. 2-3-XIV. 2 ] NON-DELIVERY OF SOLD CHATTEL 245
M. p. 132 l. 6-p. 133 l. 2 ]
it is delivered to him (by the vendor), the vendor incurs no balme ( i e
commits no wrong) by selling it to another
Yājñavalkya says
What was sold for an inadequate price by an intoxicated man or
by one insane or by one who is dependent or idiotic must be given up (by
the purchaser) and it would still belong to the vendor.¹
All these rules must be understood as referring to an undertaking given
by the seller to the effect 'the article is to be delivered to you alone and to
none else, when the price is paid', since* Nārada (p 148 v. 10) says
Thus has the rule (or law) been declared with regard to goods for
which the price has been paid. When the price has not been tendered,
there is no transgression by the vendor,² unless there be a special agree-
ment (to deliver in spite of no price being paid)
On the sale of an article with blemishes Yājñavalkya says ³
That clever man who, knowing his chattel to be full of defects, sells it
should be made to pay double its price (to the purchaser) and a fine
equal to that (i e double the price)

Here ends the (section on) non-delivery of a sold chattel.

Now begins (the section on) dispute between master and herdsman.

When cattle or the like are destroyed (or injured) through the fault
of the herdsman, Yājñavalkya (II. 165) says
When the loss occurs through the fault of the herdsman, the fine
ordained for him is twelve panas and a half and (he must give) to the
owner also the animal⁴ (or its price).
'Dravyam' means 'a cow and the like'. Manu (VIII 234) lays
down the signs of ascertaining the death of cattle and the like.
1 This verse very closely resembles Bṛ p. 350 v 5. Some construe 'for an in-
adequate price' as a separate cause for rescission
2 No fault attaches to the vendor if he retains the article or disposes of it to another
when no price is paid unless he specially agreed that he would not do so, though the price
be not paid at once.
3. This appears to be the same as Bṛ. p. 350 v. 4 The verse in the text is not found in
the printed Yāj and is ascribed to Bṛ. by Sm C. and Vīr Compare Yāj. II. 257 and Nārada
p 148 v. 7.
4. 'Sārdhatrayodaś'a' is rendered as 13½ by the Mit, Aparārka and Smṛtica-
ndrikā, while the Vīr and Par M take it to mean 12½. The Vīr relies upon a Vārtika to
Pāṇini II 1 34 and the usage of the Mahābhāṣya. Vide notes to V M p. 332. Nīlakaṇṭha
seems to hold that a similar animal should be restored to the owner.

• P. 219 (text)