Page:Monier Monier-Williams - Indian Wisdom.djvu/320

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268
INDIAN WISDOM.

bhukti, bhoga), by purchase (kraya), by contract (saṃvid, vyavahāra), by labour (karma-yoga), by donation (pratigraha), by inheritance (dāya). I note the following:

He who has acquired any property through the sale of it (vikrayāt) in the presence of a number (of buyers and sellers) justly obtains the right to that property by reason of having paid the purchase money (VIII. 201).

The property of infants who are heirs let the king hold in trust until the owner has completed his term of studentship or till he is of age (at sixteen, VIII. 27).

Let the king fix the rate of sale and purchase of all marketable commodities (sarva-paṇyānām), after having considered the distance (from which they have been imported), the remoteness of the place to which they are sent, the time they are kept, and the gain or loss upon them. Once in every five nights or once a fortnight he should fix the proper rate in the presence of those (who understand it, VIII. 401, 402).

A lost article, when found, should be guarded by trusty men. Any thieves convicted of stealing it should be condemned to be trampled to death by the royal elephant (VIII. 34).

It is evidence of a somewhat rude state of society that in certain cases a man is allowed to repent of a bargain and to have a contract annulled, thus:

When a man has bought or sold anything (not perishable, such as land or copper), and may afterwards repent, he may restore it or take it back within ten days (antar-daśāhāt, VIII. 222).

Marriage is regarded as a contract, but the same liberty of annulling is in this case not allowed:

If a man shall give away in marriage a girl who has any defects (doshavatīm) without notifying these defects, the king must fine him ninety-six Paṇas (kuryād daṇḍam shaṇnavatim paṇān, VIII. 224).

The repetition of the nuptial texts (pāṇigrahaṇikā mantrāḥ) are the settled mark (niyataṃ lakshaṇam) of a marriage contract. Of those texts (the one) repeated on (making) the seventh step (viz. sakhā saptapadī bhava, see p. 200, l. 7) is decided by the wise to be (the sign of) the completion (nishṭhā) of the contract (VIII. 227).

Throughout Eastern countries, especially in ancient times, the insecurity of property has led to two practices little resorted to by the peoples of modern Europe, viz. concealment of valuable articles and the habit of entrusting them for safety to the keeping of others. We can understand,