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Hindu Law and Custom (Recht und Sitte) c10.135

Hindu Law and Custom (Recht und Sitte) c10.135

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c10.135

Self-help in the law of debt. nised claims, for which the law of debts offers a remarkable example (M. 8, 49 f. ; Nār. 1, 122 f. ; Y. 2, 40 ; Bṛh. 11, 54—59 ; Kāty. 10, 79—92¹). Where friendly persuasions (*dharma*, *sāntva*) are of no avail, even trickery (*chala*, *upadhi*, *vyāja*), as for instance the borrowing of something from the debtor, is of no use, the creditor may take the debtor bound hand and foot to his house and force him to fulfil his obligation under blows, threats etc., or make him work off the debt as a slave (*ṛṇadāsa*), yet however no detracting or unstipulated work should be thrust upon him. Moreover Brahmans shall be exempted from forced labour. If the debtor is not in a position to work, he may be confined, excepting when he is a Brahman or otherwise a respectable man ; yet however if he gives security he shall be let go home at night and by day at the meal-times and in order to perform the necessary functions of life.

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