27. Udgrahana vidhi (receiving back the mortgaged property)

Manu says, the methods for receiving back the mortgaged property [utgrahana / udgrahana vidhi] are as follows—Dharmopaya, Vyavahara, Cala, Acarita and Bala. On the basis of one of the above mentioned five methods, the debt can be obtained back. The debt can be gained back through the three Upayas, such as Sama, Dana and Bheda (through balam or forceful manner, Dharma and Cala).The lender demanding quickly to pay back the money and take off the mortgaged property, in the presence of relatives is called Dharmopaya. If borrower delays the payment off debt with untrust worthy words, the lender keeps himself the mortgaged property by untrust worthy words in the same way, is called

183 Calopaya. If the person who was not able to give back the money, is kidnapped and thus the money is demanded back forcefully, it is Balopayam. The obtaining back the debt by producing pramana and witness, is called Vyavaharopaya [vyavaharopayam]. If one observes fasting for obtaining back the money that Upaya is called Acarita [acaritham]. Now there is mentioning of the methods of paying back debt if the borrower is not able to pay back the same. It is a dharma that, some pay off the debt by doing proper services in compensating the debt. Some may demands small amounts from wages, to pay off the debt. Vyavahara should be made if the borrower argues that the master or lender punished him as he did not pay back the debt. If there is no other means to pay back debt, it should be paid back by selling his property like land or house. If there is no money to pay back the debt, the lender or master can take his property, gold, silver etc in compensation.