Chapter 57

Resumption of Gift, or Non-Delivery of What is Given

Wives and sons should not be sold or given away against their will; one should use one's entire property for oneself. // K_638 //

In a time of distress, a gift or a sale may be made. Otherwise, one should not proceed; this is the settled conclusion of the scriptures. // K_639 //

Excluding the whole property and the house, whatever property is more than what is needed for the family's maintenance, that is one's own and may be given; what is other than this is not to be given. // K_640 //

And therefore, a father's power over his son and wife is in matters of discipline; he has no power over his son in matters of sale or gift. // K_641 //

He who, of his own will, promises a gift to a Brahmin but does not give it, shall be made to pay it like a debt and shall incur the first amercement. // K_642 //

By not giving what was promised and by concealing what was given, a mortal is born in the wombs of animals for a hundred crore kalpas. // K_643 //

Where a gift is specified for the purpose of obtaining an unknown result, and that result is obtained through the action, that is declared to be a fee. // K_644 //

What is obtained for saving from fear, for protection, and for accomplishing a task, by this rule, one should know it as a reward. // K_645 //

Even if one says, "I will give my entire property to him who saves me from this mortal peril," it shall not be so. // K_646 //

What is given by one who is lustful, angry, not independent, afflicted, impotent, insane, or deluded, and what is given in jest or by mistake, that may be taken back. // K_647 //

A bribe that is promised for the accomplishment of a task should not be given under any circumstances, even if that task is accomplished. // K_648 //

If it has been given beforehand, it must be forcibly taken back. The Gārgīya and Mānava texts state a fine of eleven times the amount. // K_649 //

For informing on a thief, a violent person, an insolent person, or an adulterer; for pointing out one who has lost his livelihood; and for promoting falsehood... // K_650 //

...whatever is received through these means is called a bribe. The giver is not to be punished there, but the intermediary is also at fault. // K_651 //

He who is appointed to a task, if he receives a bribe, shall be made to pay that entire amount and a fine of eleven times more. // K_652 //

He who, though not appointed, receives a bribe for a task, for the purpose of a rendered service, there is no fault in him. // K_653 //

What is given by one in health or in distress, and promised for a religious purpose, if he dies without having given it, his son must be made to pay; there is no doubt in this. // K_654 //

A sale made under duress, a gift and acceptance under duress, or where one sees a fraudulent device—all that should be annulled. // K_655 //

In a case where the wage is not fixed, traders, herdsmen, and farmers shall receive a tenth part of the profit, cattle, and crops respectively. // K_656 //