The Cambridge History of India, Vol. I: Ancient India v1.c23.30

v1.c23.30

In the province of civil law the later law-books show the greatest advance over the earlier. For example, where trade is concerned, the Sūtras know nothing of legal business partnership, apart from the united family and its obligation as a whole to pay debts. Manu has the idea of a partnership, but his whole discussion of the title concerns only the amount of fees payable to priests who together perform a ceremony; and he merely raises the question whether all the religious partners or the one who performs a special act shall take the traditional fee for that one part. He decides that the four chief priests out of the sixteen shall get a moiety, the next four half of that, the next set a third share, and the next a quarter (the commentators are not unanimous in appraising the amounts), and adds 'by the same principle the allotment of shares must be made among men on earth who perform work conjointly' (Manu, VIII, 211). In other words, except for stating that one should be paid in accordance with the work one does, Manu has nothing to say regarding 'partnership,' the formal fourth title of the list. Yājñavalkya on the other hand includes agriculture and trades in his rule (II, 265). Nārada, while retaining the matter concerning priestly partnership, expresses the axiom above in this way: 'Loss, expense, profit of each partner are equal to, more than, or less than those of other partners according as his share (invested) is equal, greater, or less. Storage, food, charges, (tolls), loss, freightage, expense of keeping, must be paid by each partner in accordance with the terms of agreement,' etc. (III, 3 f.). Finally Bṛihaspati begins his title 'Partnership' thus: 'Trade or other occupations should not be carried on by prudent men jointly with incompetent or lazy persons or with such as are afflicted with illness, ill-fated, or destitute. Whatever property one partner may give, authorised by many, or whatever contract he may cause to be executed, all that is (legally) done by them all. Whatever loss has occurred through Fate or the king shall be borne by all in proportion to their shares. When artists practise their art jointly, they share according to their work. If a number of men in partnership build a house or a temple, or dig a pool, or make leather articles, the headman among the workmen gets a double share. So too among musicians: the singers share and share alike, but he who beats time gets a half share over.' And (still under the head of Partnership), 'when freebooters return from a hostile country bringing booty, they share in what they bring after giving a sixth to the king, their captain getting four shares, the bravest getting three, one particularly clever getting two, and the remaining associates sharing alike' (Bṛihaspati, XIV, 32).