Zend Avesta Part 03

SR No.: 007673
Original Sutra Author: N/A
Author: L H Mills
Publisher: Oxford
Publication Year: 1887
Total Pages: 2618
Language: English
Classification: Book_English
File Size: 49 MB

Page 1266

1, 127.
DEBTS; PLEDGES.
pledge which must be redeemed within a certain time, and a pledge which must be retained till the debt has been discharged.
*125. A pledge is again twofold: one to be kept only, and a pledge for enjoyment. It must be preserved precisely in the same condition (as at the time of its delivery); otherwise the pledgee loses interest.
* 126. The same thing happens when the pledge has been injured owing to the negligence of the pledgee. If it has been lost, the principal is forfeited, provided that the loss was not caused by fate or the king.
*127. A pledge (for custody) must not be used
being restored at the time agreed on. Or it may be delivered to the creditor on condition of its being returned after the lapse of a certain period, say five or ten years. The usufruct of a pledge to be retained till the debt has been liquidated' shall belong to the creditor for ever, till the debt has been discharged.
125. Asahaya gives a house and a field as instances of a pledge for use. By spoiling a pledge of this kind, the pledgee forfeits interest, i.e. he loses the produce of a field, the use of a dwellingplace, &c.
126. Negligence,' with regard to a bull or other pledge for use, means that it is used at an unseasonable time, or too much, for drawing a cart or carrying a burden. With regard to a pledge for custody, it means that it is abandoned. When it has been injured,' as e. g. when an animal given as a pledge has lost one eye. The king' may cause the loss of the pledge, if he confiscates the whole property of a man and the pledge together with it, on account of a slight offence. The loss is caused by fate,' if e.g. a pledge is stolen by a thief. A. Yagñavalkya II, 59; Vishnu VI, 6.
127. Identical with Manu VIII, 144. According to Medhâtithi and Kullaka, the provision that the pledgee must make good the value of the pledge to the owner refers to those cases where the pledge has been injured or spoiled. According to Nârâyana, whose opinion is apparently shared by Asahâya, it means that the pledgee
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