Grihya Sutras

SR No.: 007685
Original Sutra Author: N/A
Author: Hermann Oldenberg
Publisher: Oxford
Publication Year: 1886
Total Pages: 2642
Language: English
Classification: Book_English
File Size: 49 MB

Page 1803

VIII, 5.
SALES; NON-DELIVERY.
147
merchandise is declared sixfold by the learned : (what is sold) by tale, by weight, by measure, according to work, according to its beauty, and according to its splendour.
* 4. If a man sells property for a certain price, and does not hand it over to the purchaser, he shall have to pay its produce, if it is immovable, and the profits arising on it, if it is movable property.
* 5. If there has been a fall in the market value of the article in question (in the interval, the purchaser) shall receive both the article itself, and together with it the difference (in point of value). This law applies to those who are inhabitants of the same place; but to those who travel abroad, the
is counted before selling it is said to be sold ‘by tale.' Betel-nuts may be mentioned as an instance. What is sold by weight,' such as gold or sandal-wood and the like substances, which are weighed on a pair of scales. What is sold by measure,' such as rice or the like. By work,' such as animals giving milk or used for draught or burden. According to its beauty, something handsome, as e.g. a handsome prostitute. According to its splendour,' or lustre, as e.g. rubies. Vīramitrodaya, p. 437. A similar exposition is delivered in the Ratnakara, as quoted in Colebrooke's Digest, III, 3, 3.
4. "The profits arising on it,' such as e.g. the milk of a cow. Viramitrodaya, p. 437. The Vivâdakintamani (p. 55) and the Ratnakara, as quoted in Colebrooke's Digest (III, 3, 18), take the term kriyâphalam as a Dvandva compound, denoting the work, such as the carrying of burdens and the like, and the profits, such as milk and the like. Vishnu V, 127; Yâgħavalkya II, 254.
5. The previous paragraph contains the rule for those cases where the value of the property has increased after its sale. The present rule refers to those cases where the value of the property has diminished after the sale. Vîramitrodaya, p. 437. Those who travel abroad, i.e. who are in the habit of visiting other countries (for trading purposes), may claim the profit which might have accrued to them from travelling abroad. Vivadakintamani, pp. 55, 56. Vishnu V, 129; Yâgħavalkya II, 254.
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