History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.621

v4.c63.621

*Pratibhū*. A *pratibhū* or *lagnaka* (Bṛ. quoted in n. 681 and Kāt. 530) means 'surety'. *Prātibhāvya* (being a surety) was known to Gautama (XII. 38) and *pratibhū* was known to Pāṇini (II. 3. 39). Suretyship requires the concurrence of three persons viz. the creditor, the borrower (called the principal debtor) and the person who agrees, for inspiring confidence in the creditor⁷²⁶, to pay or indemnify if the principal debtor commits default. Manu VIII. 160 speaks of surety for appearance and for repayment of debt. According to the purpose of the transaction a surety is of three kinds (Yāj. II. 53 = Viṣṇu Dh. S. VI. 41 and Nār. IV. 118) viz. for appearance, for payment and for honesty. The first undertakes to produce a person before a court and assures the court that the person concerned will not abscond from the country; the surety for payment agrees that in case the debtor does not pay the principal and interest, he will himself pay both; the surety for honesty assures the employer or other person with whom another man deals that the latter is an honest and good man, that he would not deceive and that reliance may be placed on him (vide Mit. on Yāj. II. 53 and Sm. C. II. p. 148 for these explanations). Bṛ. (S. B. E.⁷²⁷ vol. 33 p. 327 verses 39-40) speaks of four (including the three of Yāj. II. 53), his fourth being one who promises to deliver or restore the assets that are with the debtor (such as household furniture or ornaments). Yāj. and Nār. must be deemed to include this last under the surety for payment. Kāt. (530)⁷²⁸ says that a surety (*lagnaka*) may be caused to be given for repayment (of a debt), for appearance (*upasthāna*), in lawsuits, for honesty and for taking oaths (or ordeals). Acc. to Hārīta a surety is taken for five purposes viz. for keeping the peace (*abhaya*), for honesty, for repayment of debt, for delivering the debtor's property to the creditor, for appearance. V. P. p. 248 quotes Vyāsa (who mentions seven kinds of sureties) and remarks that all can ultimately be reduced to three varieties.