roved against him;[101] and the creditor, when he
has recovered his property, five parts.[102]
43. One of inferior cast,[103] who is without means, may be compelled
to labour[104] in discharge of his debt; but a brahman,[105]
wanting means [to discharge his debt at once], shall pay gradually in
proportion to what may come to him.
44. If one do not accept restitution of his property on loan when
offered, it is to be delivered to some third party; from which time it
ceases to carry interest.
45. A debt incurred by undivided kinsmen on account of the family
shall be discharged by the heirs of the head of the family, should the
latter die or leave the country.[106]
46. A woman has not to pay a debt incurred by her husband or by her
son, nor a father the debt of his son; except such debts be incurred
on account of the family: and it is the same with a husband [in
respect of a debt] incurred by his wife.
47. A son has not to pay, in this world, his father's debt incurred
for spirituous liquor,[107] or, for gratification of lust, or in
gambling, nor a fine, nor what remains unpaid of a toll; nor [shall
he make good] idle gifts.[108]
48. As to debts of wives of herdsmen, distillers, players, washermen
and hunters, the husbands have to pay; because their maintenance
depends upon their wives.
49. A debt acknowledged,[109] one incurred by her jointly with her
husband, one incurred by herself [solely][110]--these must be paid by
the wife; none other need be paid by her.
50. If a father have gone abroad, or died, or been subdued by
calamity,[111] his debt shall be paid by his sons and grandsons;[112]
on their denial,[113] the debt must be proved by witnesses.
51. He who takes the property of one who leaves no [capable][114] son,
shall pay the debts; so, he who takes[115] the widow; also that son
whose paternal estate no other has appropriated, [and who in such
case shall always be deemed] fit to inherit property;[116] and if one
die without any son, then, whosoever succeeds to the property.
52. To become surety, to be indebted, and to give evidence, is
unlawful between brothers, between husband and wife, or between father
and son; except, where they are separated in property.
53. Giving surety is enjoined for appearance, for confidence,[117] and
for payment.[118] If there be a failure of either of the first two,
the surety [himself] in each case shall pay; of the third, his sons
[also] must pay.
54. If su
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