History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.586.1

v4.c63.586.1

*Ādhi*⁷⁰¹ means pledge of a movable or mortgage of immovable property. Nār. IV. 117 remarks⁷⁰² that in lending money an *ādhi* and surety are the two sources that inspire confidence (in the creditor that his money will be safe) and a document and witnesses are the two modes of proof that will establish (the existence of a debt). An *ādhi* is so called because the creditor is authorised to wield power over it or it is placed within his power (Nār. IV. 124 and Mit. on Yāj. II. 58)⁷⁰³. The word ādhi occurs in Āp. Dh. S. I. 6. 18. 20⁷⁰⁴ (which includes among those who are unfit to be invited at a śrāddha 'one who subsists on ādhi'). Gaut. XII. 29 also refers to *ādhi*. Kauṭ. (III. 12) briefly deals with *ādhi* and after stating some rules extends the principles of *upanidhi* (deposit) and debt to it. Manu VIII. 165 employs the word 'ādhamana' in the sense of 'mortgage'. According to Bṛ.⁷⁰⁵ (S. B. E. vol. 33 p. 323 verse 17) an ādhi is of four kinds viz. of movable property, of immovable property, *gopya* (to be kept in custody of the pledgee only), *bhogya* (to be enjoyed). Nār. IV. 124 first divides ādhi into two sorts, viz. one that is to be redeemed within a certain time fixed (by agreement at the time of contracting the debt) or to be retained till the debt is paid off and Nār. IV. 125 again subdivides each of these two into *gopya* and *bhogya*. This latter division was known to Gaut. XII. 32, Manu VIII. 143, Yāj. II. 59, Kāt. (576).