WYAVASTHA’-DARPANA. 543 I. If one of undivided kinsmen contract a debt for the sake of his family, and either die or be very long absent abroad, the other paroeners or joint-tenants shall pay it. Ja'anyavalkya. Coleb. Dig. vol. I. p. 290. ... " - II. If the debtor be dead (a), and ifthe money borrowed was expended for the use of his family, it must be paid by that family, divided or undivided, out of their own estate. MANu. (a) The word “dead” is illustrative (of civil death and the like). Ibid, p. 207. 225 A debt, contracted by undivided parceners shall be paid by any one of them, who is present and amenable; and so shall the debt of the father (by any one of) the brothers before partition, but, after partition they shall severally pay accord ing to their shares of the inheritance. Vishnu. Ibid. p. 296. 226 What has been borrowed for the sake of the family, or during distress while (the principal ) was disabled, seized (by the king, ) or afflicted with disease, or in conscquence of a foreign invasion, or for the nuptials of his daughter, or funeral rights; all such debts contracted by ( one of ) the family, must be discharged by the chief (of that family). KATya yana. Ibid, p. 303. The chies of the family being disabled, a debt, contracted by any person connected with him for the support of that family, for guarding against the violence of a king, for the cure of a distemper, for relief from a general calamity, for the celebration of a daughter's nuptials, or for the performance of obsequies for a parent or the like, must be paid by that chief of the family. Such is the sense”. It is illustrative of a general meaning, and intends any debt contracted for the accomplishment of some business, which being omitted even in consequence of poverty, sin or calamity must emsue*. ' The principle of the law should be noticed: in the case of a daughter's nuptials, for so much expense only, as preserves from infraction the usage of the principal's family, may another contract debts; not for the celebration of splendid nuptials: the whole of what is borrowed for unauthorised expenses, must be paid by the borrower ; but expenses which are suitable to the usage of his family, must nessarily be admitted by a master able to discharge them.*. -يو- - + ** >- مصwسيممم. - سس۔ سeس ----- -------
- Coleb. Dig, vol. I. 304.
Authority Vyavastha” 罗 ۶یه Vyawastha.
