History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.631.1

v4.c63.631.1

Several were the modes of the recovery of debts. Manu (VIII. 47-48) requires the king to make the debtor repay his debt to the creditor in whatever way he can do it. There is a difference in the modes of recovery according as the liability is admitted by the debtor or not. If liability is denied then the only method is to file a suit for the recovery of the debt. But if the liability is admitted by the debtor, then Manu VIII. 49 (=Nār. IV. 122), and Bṛ. (S. B. E. vol. 33 p. 329 v. 54) mention five means of recovery viz. *dharma* (persuasion), *vyavahāra* (legal proceeding), *chala* or *upadhi* (trick), *ācarita* (sitting down at his door), or *bala* (compulsion to do work or confinement). It appears from Āp. Dh. S. (I. 6. 19. 1) that the method of sitting at the door for recovery of debts was known to Āp. (the creditor so doing is designated *pratyupaviṣṭa*). In a Marwad Inscription dated *samvat* 1198 (1141-42 A. D.) this practice is called *kāya-vrata* (*yadi brāhmaṇaḥ kāyavratam kṛtvā mriyate*). Vide E. I. vol. XI. p. 37 at p. 40. These modes of recovery except vyavahāra are explained by Bṛhaspati as follows:⁷³³ The method of dharma consists in sending messages (to the debtor) from his friends and relatives, in persuading him to pay with sweet words, by following the debtor (i. e. by persistent dunning) and by frequent requests.