Manusmriti: The Laws of Manu

161. On what account then is it that after the death of a surety other than for payment, whose affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)?

162. If the surety had received money (from him for whom he stood bail) and had money enough (to pay), then (the heir of him) who received it, shall pay (the debt) out of his property; that is the settled rule.

163. A contract made by a person intoxicated, or in- sane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorized (party) is invalid.

164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).

165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void.

166. If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided.

167. Should even a person wholly dependent make a contract for the be hoof of the family, the master (of the house), whether (living) in his own country or abroad, shall not rescind it.

168. What is given by force, what is enjoyed by force, also what has been caused to be written by force, and all other trans- actions done by force, Manu has declared void.

169. Three suffer for the sake of others, witnesses, a surety, and judges; but four enrich themselves (through others), a Brahmana, a money-lender, a merchant, and a king.

170. No king, however indigent, shall take anything that ought not to be taken, nor shall he, however wealthy, decline taking that which he ought to take, be it ever so small.

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