Vyavaharamala: a text on Indian jurisprudence

by P. V. Rajee | 2008 | 63,341 words

This essay is an English study on the Vyavaharamala: a text on Indian jurisprudence from the 16th century. It covers aspects of such as individual legal procedures and societal welfare, thus reflecting the judiciary principles of ancient ancient Indian society....

26. Rinasya deyadeyavidhi (refunding of debt)

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The borrowing of money as debt from one person is called Rina. The way in which the borrowed money should be given back is as mentioned below. Katyayana Says, The debt bought by father after his death, should be repaid by his son. Or else the grand sons should do it The agricultural products may be destroyed due to heavy rain or lack of rain or by natural

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181 calamities etc. The farmers would have done agricultural activities by borrowing money from zamindars. In the case of such a destruction in agriculture, the money itself can not be returned back to zamindars. Then there would not be any force to give interest for their loan. This is determined by the Dharma-shastra The sons have to pay off the debt of their ancestors. At first grandfather's debt and then father's debt should be paid back, respectively. Brihaspati says, The sons who enjoy the ancestor's property, even though they are living together or separately, have to pay the debt back. Narada says, if father was expired, then his sons have to pay off the debt back. If the sons live together or separately, they have to pay off the debt of their father. Narada Says, or else, for paying off the debt of father while possessing ancestors property; son has to consider the debt due to him and pay it back with principal and interest. If the son has not possessed or enjoyed the property of the ancestors, he is no longer obliged to pay back the debt. If the son did not pay off the debt of his

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182 ancestors, he would not be entitled to the position of the son. The debt made by women should be paid off by their husband. This implies that the debts by the wife of washer men, hunter, pastoral, costume maker, liquor maker etc should be paid back by their husband itself.

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