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320
BRIHASPATI.
XI, 2.
deposit, or a trustworthy surety; nor without a bond written (by the debtor himself) or attested (by subscribing witnesses).
2. That (loan) is termed kustda (a loan on interest) which is exacted by persons apprehending no sin (from the act), from a mean (kutsita) or wretched (sidat) man, after having been increased to four or eight times the original amount (through the interest accruing on it).
3. An eightieth part (of the principal) accrues as interest on it (every month); and it is certainly doubled by such interest within a third of a year less than seven years (that is to say, within six years and eight months).
4. Interest is declared (by some) to be of four
in explaining the term âdhi, a pledge,' as denoting a pledge to be used, such as e. g. a cow to be used with her milk, or landed property pledged together with its produce. The term bandha, 'a deposit,' is supposed to denote a pledge which must not be used; according to the Mayûkha, however, it means a pledge which is not actually delivered to the creditor, the debtor merely promising not to alienate it. A pledge of adequate value' is one corresponding in value to the principal together with the interest. Vîram. p. 293. The term sâkshimat, attested,' is referred to a debt contracted orally before witnesses, both by Colebrooke (Dig. I, 1, 11) and Mandlik (May. loc. cit.). This, however, is opposed to the gloss of the Vîramitrodaya.
2. May. p. 102 ; Col. Dig. I, 1, 3. It is hardly necessary to point out that the etymology here proposed of the term kusîda, 'a loan on interest,' is entirely fanciful. It is really derived from ku and sîda, and denotes that which adheres closely, and cannot easily be got rid of. The commentators explain the clause "apprehending no sin' to imply that it is sinful otherwise to accept a gift from an unworthy person.
3. Smritik.; Col. Dig. I, 2, 26. asîtibhago vardheta lâbhe dvigunatâm iyât i prayuktam saptabhir varshais tribhågonair na samsayah it
4-8. Vîram. pp. 294, 295; Col. Dig. I, 2, 35.
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