Essay name: Vyavaharamala: a text on Indian jurisprudence
Author:
P. V. Rajee
Affiliation: Sree Sankaracharya University of Sanskrit / Department of Sanskrit Sahitya
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.
Chapter 5 - Vyavaharamala—General features based on text
79 (of 186)
External source: Shodhganga (Repository of Indian theses)
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183
Calōpāya. If the person who was not able to give back the
money, is kidnapped and thus the money is demanded back
forcefully, it is Balōpāyam. The obtaining back the debt by
producing pramāṇa and witness, is called Vyavahārōpāyam. If
one observes fasting for obtaining back the money that Upāya is
called 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. Vyavahāra 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.
