28. Jaya parajaya danda vidhi

184 Jaya parajaya danda vidhi. Some persons after borrowing the amount, pay back the interest of the amount regularly. If some one can not pay the interest regularly the lender can demand the full amount with the double interest. The interest to be given can be increased if the borrower fails to pay the interest regularly. Yajnavalkya Says, If some disputes arise in the case of borrowing the disputes can be settled in accordance with the written documents and witnesses. The king may lead the Vyavahara and order to pay 1/10 or 1/5 of the full amount by Adhamarna. When the borrower gives some complaints about the debt in the court then the king may question the defendant about this complaint. If the defendant denies this complaint then lender has to pay half of the amount in the court. Thus the king may dispose of the Vyavahara. Yajnavalkya says that many people give complaints against anybody- four or five members give complaints against one belongs to same caste and they submit the complaint to the court. But the people belong to four classes

185 then first will come to Brahmana then Ksathriya then Vysya and after Sudra the dispute should be disposed. Narada Says, that one borrowed some amount from Brahmana later Brahmana passed away, then the borrower should pay the amount to Brahmana sons or relatives. If there is no relatives or sons to the diseased Brahmin the borrowed amount should be given to other Brahmins. If there are no other Brahmins the amount should be put into the sea or lake. If the borrowed material, ornament could not be paid back as a whole, should be given back part by part. This detail should be written on palm leaves and should affix the signature of the concerned persons on it. Narada says, if one asks the list of borrowed material and the borrower refuses to give the list then vyavahara will arise on the same. If the borrower gives back the borrowed material fully then the documents shall be closed with the signature of the concerned persons. Vyasa says, if the principal amount and interest cannot be paid together then the following conditions are to be followed. If

186 the interest falls due and gets equal to the principal amount, then the property can be sold and the money can be used to pay off the debt. If there is no way to sell, then the interest should be paid first and after the principle amount.