Chapter 52

By Whom a Debt Incurred by a Father and Others is to be Repaid

A debt incurred for the family by one who is unable or sick, or on account of a calamity, should be known as one made in distress. // K_542 //

And that which is incurred for a daughter's wedding and for funeral rites—all this, done for the family, must be paid by the master. // K_543 //

A debt incurred by a son is not to be paid by the father, according to law, unless it was promised by him or was approved by him. // K_544 //

A debt incurred for the family even without the permission of the absent master, by a slave, wife, mother, or pupil, must be paid, or by the son, says Bhṛgu. // K_545 //

A debt incurred by a wife together with her husband or son, or by herself alone, must be paid; a debt incurred by her otherwise is not. // K_546 //

The wife who was told by her dying husband, "This debt is to be paid by you," must be made to pay it even if she did not agree, if the wealth has devolved upon the wife. // K_547 //

Even if the father is alive but sick or away from his country, a debt incurred by the father must be paid by the sons after twenty years. // K_548 //

Of those who are sick, insane, or old, and of those on a long journey abroad, such a debt one should make the sons pay, even while they are alive. // K_549 //

Even in the presence of the father, a debt must be paid by the sons if it is proven, in the case of one who is congenitally blind, an outcast, insane, or suffering from consumption, leucoderma, or other such diseases. // K_550 //

Fathers desire sons because by their birth and by their giving, they are released from the debt of their ancestors and from the lowest state. // K_551 //

A debt should not be paid by one who has not reached the age of legal competence, after the father has passed away. It must be paid at the proper time according to the rule; otherwise, they will dwell in hell. // K_552 //

If one has not reached the age of legal competence, even if he is independent, he is not liable for the debt. For independence is held to belong to the eldest, and seniority is determined by virtue and age. // K_553 //

That which was seen (by the father) or the remainder of what was given of a grandfather's debt must be paid. A debt that is flawed or was repudiated by the father should never be paid. // K_554 //

A debt seen by the father, which has come down in succession from the grandfather, if it is without defect and was not discharged by the sons, must be paid by the grandsons, says Bhṛgu. // K_555 //

A grandfather's debt which was not paid by the sons who were sick, such a debt must be paid by the grandsons in full. // K_556 //

One should make the son pay the debt if he is without trouble, has the means to pay, and is capable; otherwise, one should not make the son pay. // K_557 //

What must always be paid by the fathers, in their absence, it must be paid from their wealth. That wealth must then be paid by the sons or grandsons to its owner. // K_558 //

While a paternal debt exists, a son should not take the wealth. The property must be given to the creditor; if he takes it after the father's death, he is liable to pay. // K_559 //

In the absence of a son, the debt must be paid by the grandson with diligence. It is not to be paid by the fourth in descent; from him, it is discharged. // K_560 //

A debt arising from a suretyship is never to be paid by grandsons. A paternal debt, however, must be paid in full by the son everywhere. // K_561 //

The one who takes the estate must pay the debt; in his absence, the wife; and in her absence, the sons; and in their absence, other heirs in order. // K_562 //

As long as a son has not received the existing paternal property, he should not be made to pay as a debtor, even if he is very wealthy. // K_563 //

What has been promised, whether in writing or orally, must be paid. That which is for another man's former wife should be known as a debt incurred for lust. // K_564 //

Where, having caused injury or destroyed property out of anger, something is promised to give satisfaction, that should be known as a debt incurred from anger. // K_565 //

What is promised for a religious purpose, whether by one in health or in distress, must be paid if it is proven. // K_566 //

But if he dies without having given it, his son must be made to pay; there is no doubt in this. // K_566 //

But a debt incurred by destitute and childless men, such as liquor-sellers and others, must indeed be paid by the one who enjoys their wives. // K_567 //

The controller of the wives of liquor-sellers, hunters, herdsmen, and boatmen must be made to pay the debt incurred by them in their husbands' business. // K_568 //

A debt incurred by a wife is in no way the husband's responsibility, except for one incurred in a time of distress for the sake of the family; for this is the general rule for men. // K_569 //

This does not apply to the wives of washermen, hunters, herdsmen, and liquor-sellers. For their livelihood is dependent on that business, and the family is supported by it. // K_570 //

A wealthy woman who, without her son's consent, takes another man as a consort—her wealth is to be taken away by her son alone, not by her daughters. // K_571 //

One may incur a debt for the family's sake, but never for pleasure. Because for an improper reason, the parents should not be made to pay. // K_572 //

A woman with a son who abandons her capable son—Manu says that by taking her personal property, the paternal debt should be cleared there. // K_573 //

A woman with a minor son who, for the sake of his rights, takes another husband as a protector—that protector must pay the debt; this is the remembered rule for a minor son. // K_574 //

The debt of those on a long journey abroad, without kin, the foolish, the insane, the afflicted, and ascetics, must be paid even while they are alive by those who have taken their wives and property. // K_575 //

When a son is overcome by calamity, or where a minor is seen, the one who takes the property is made to pay there; in his absence, the one who takes the wife. // K_576 //

First, the one who takes the property should pay; after him, the son; in the absence of a son, the one who takes the wife; or the son if he is utterly destitute. // K_577 //

A debt incurred by the wife must be paid by the husband, and a maternal debt by the son, if it was incurred for the husband's sake after he had gone abroad, having given instructions. // K_578 //

A debt incurred by a son must be paid by the father if it was described to him, or if it was made without his agreement but he did not object upon hearing of it. // K_579 //