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Sanskrit text, Unicode transliteration and English translation by Ganganath Jha:

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adhamar峁嚹乺thasiddhyarthamuttamar峁噀na codita岣� |
d膩payed dhanikasy膩rthamadhamar峁嚹乨 惫颈产丑腻惫颈迟补尘 || 47 ||

On being prayed by the creditor for the recovery of money from the debtor, he shall make the debtor pay to the creditor the money proved to be due.鈥�(47)

 

Medh膩tithi鈥檚 commentary (manubh膩峁�ya):

The rules that are applicable to all suits in common having been described, the author now proceeds to lay down those relating specifically to each of the several kinds of suits.

The man who receives money from another person on the understanding that at some other time he would re-pay it with interest is called the 鈥�debtor鈥�; and he who lends the money on the understanding that he is doing it with a view to being repaid with interest is called the 鈥�creditor.鈥� These two are relative terms.

鈥�Money from the debtor鈥�;鈥攆rom the context it is clear that this phrase stands for what is due to the creditor; and the 鈥�recovery鈥� of this means its repayment to the creditor. The second 鈥�artha鈥� stands for purpose, 鈥榝or.鈥� Thus the meaning of the whole is that鈥斺�榳hen the king is prayed鈥攑etitioned to鈥攂y the creditor to the effect that he may be pleased to make the debtor repay what he had borrowed from him,鈥攖hen the King shall make the debtor pay the money to the creditor.鈥�

鈥�Dhanika鈥� is one who has money; and it is the creditor who is called, in ordinary parlance, 鈥�Dhanika.鈥� In view of the verb 鈥�make to pay.鈥欌�攖he right case-ending to use would have been the Dative, ye峁� i峁� has not been used, because the man has not yet become the actual recipient. We have similar usage in such expressions as 鈥�ghnata岣� p峁涐梗峁環am dadati鈥� (the man offers his back to the striker), 鈥�rajakasya rastram dad膩li鈥� (makes over the clothes to the washerman); in neither of these cases have we the Dative ending, because there is no transference of ownership; and in the absence of such transference, the act of giving is not completed.

The question arising as to whether the King is to make the debtor pay simply because the creditor says it is his due, the answer is no,鈥攈e shall make him pay only what is proved to be due;鈥�i.e., only when the King has assured himself, by indubitable proof, that, the man does really owe the amount; or 鈥�惫颈产丑腻惫颈迟补尘鈥� may be taken to mean 鈥榓dmitted鈥�; since the method to be employed regarding disputed debts is going to be laid down below, under verse 52.

鈥淏ut how can 鈥�惫颈产丑腻惫颈迟补鈥� mean admitted?鈥�

There is no force in this objection; it is quite possible that he may have forgotten about the debt, but on being shown his own writing (on the deed), he comes to admit it himself; so that though he did not admit it before, he comes to admit it afterwards; or it. may he that even though knowing all along that he did borrow the money, he might dissemble in the beginning (before the producing of the document).鈥�(47)

 

Explanatory notes by Ganganath Jha

This verse is quoted in 痴颈惫腻诲补谤补迟苍腻办补谤补 (p. 76), which adds the following explanation;鈥斺�榳hen the debtor has received something,鈥攁nd the creditor approaches the king for the recovery of that, then the king should have the creditor鈥檚 dues paid to him by the debtor;鈥攊f it is adhamar峁嘺惫颈产丑腻惫颈迟补尘, that is, if it is proved by the creditor that the amount claimed is really due from the debtor鈥�;鈥攁nd in 碍峁泃测补办补濒辫补迟补谤耻 (80b).

The clear meaning, specially in view of verse 51, appears to be 鈥榠f the debt is admitted by the debtor.鈥�

 

Comparative notes by various authors

痴颈峁ａ箛耻 (6.20-22).鈥斺�業f a creditor sues before the King and fully proves bis demand, the debtor shall pay as fine to the King a tenth part of the sum proved. The creditor, having received the sum due, shall pay a twentieth part of it. If the whole demand has been contested by the debtor, and even a part of it only has been proved against him, he must pay the whole.鈥�

惭补迟蝉测补辫耻谤腻峁嘺 (R膩jadharma, 227.4),鈥斺�楾he man who, having received a loan, does not repay it in due course, should be compelled to repay it, and should also he fined the first amercement.鈥�