History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.147

v4.c63.147

³⁹⁵ The story in the com. on Nār. is as follows: In Pāṭaliputra (modern Pāṭnā) a brāhmaṇa named Śrīdhara acquired with great trouble a fortune and lent to a trader named Devadhara ten thousand *drammas* at the rate of 2 per cent per month. When one month passed Devadhara paid as interest 200 *drammas*. When the 2nd month was running, Devadhara died of high fever, his son died of cholera and only the great-grandson of Devadhara, by name Mahīdhara, remained. He was a very young man addicted to gambling and other vices. His property was taken under their protection by his maternal uncles. They were advised by a brāhmaṇa who had a smattering of smṛti lore and was called Smārtadurdhara 'Don't pay even a rupee to the creditor Śrīdhara. I shall save you even in Court by citing appropriate texts.' The uncles replied 'if you save us, we shall give you a thousand *drammas* as a reward'. When the 2nd month passed (from the date of borrowing), Śrīdhara called upon the uncles to pay 200 *drammas* as interest for the 2nd month. They replied 'You cannot claim even the principal (from the great-grandson of the original borrower), much less interest'. Smārtadurdhara, the legal adviser of the uncles, said '"Nārada declares (ṛṇādāna 4) 'grandsons should pay the debts of the grandfather; that (debt) ceases from the fourth'. On hearing this Śrīdhara was stunned, but gathering his wits filed a suit in the court and had summonses issued *(Continued from the last page)* to Mahīdhara, great-grandson of Devadhara, and his uncles. Sureties were taken from both sides. The uncles were asked (by the court) 'why don't you pay the interest to Śrīdhara'? They appointed as their representative Smārtadurdhara, who said that he and his ancestors were friends of the family of Mahīdhara and so he addressed the court 'I rely on Nārada's words (quoted above), and Mahīdhara being the fourth from Devadhara (including the latter) is not liable to pay'. Bhaṭṭa Smārtasekhara laughed at this and said 'Smārtadurdhara, you are not deeply learned in the smṛti texts nor have you studied glosses thereon. The whole of the debt of 10000 drammas lent by Śrīdhara is still due from Mahīdhara, as he is the great-grandson of the borrower, as three male descendants of the borrower are liable to pay the ancestor's debt and as Nārada means only this that the son of the great-grandson (who is the fourth from the borrower, excluding the latter from computation) is not liable to pay the debt of his great-great-grand-father' and the learned speaker charged him with having been promised a gratification. Smārtadurdhara and his proteges lost the case.