कल्पान्तरे विश्वासटिप्पन्यः

CHAPTER XVIII

SAMBHŪYA-SAMUTTHĀNA 801 (A joint undertaking, partnership).

Where traders or others (like actors, musicians or artisans) carry on a business jointly it is termed a partnership (Nar. VI. 1 and Kat. 624).802_Bx. (SBE Vol. 33 p. 336 verses 1-2) says that a man should carry on a joint business with other persons of good family, that are clever, active, intelligent (or educated), familiar with coins, skilled in ( controlling ) expenditure and income, honest and valiant ( or enterprising ) and that joint undertakings like trade should not be carried on by prudent men with persons (partners ) who are weak or lazy or afflicted with disease or are unlucky or destitute ( of money ), 803 The meaning is not that all the above qualities must exist in all partners, but that according to the nature of the undertaking some of these qualities will be absolutely necessary. Nar. VI. 2-3, Yaj. II. 259, Br. (SBE vol. 33 pp. 336-337 verses 3 and 4) prescribe that the expenses, loss, profit or work of those who jointly lend gold, grain or liquids shall be according to the capital put in by each. 804 The duty of each is to act honestly towards the others, whether they are present or absent,

सम्भूय is the indeclinable past participle of the root भू with सम् and means ‘having formed together or come together’ and Eura means ‘under taking’. So the two words mean undertaking in which are joined together’ (labour, capital or both).

___802, समवेतास्तु ये केधिच्छिल्पिनो वणिजोऽपि वा। अविभज्य पृथग्भूतैः प्राप्तं तत्र फलं समम् ॥ कास्या 624 q. by अपरार्क p. 832, परा. मा. III. p. 304.

कुलीनदक्षानलसैः प्राज्ञैर्माणकवेदिभिः । आयव्ययः शुचिभिः शूरैः कुर्यात्सह क्रियाम् ॥ अशक्तालसरोगातमन्दभाग्यनिराश्रयः । पाणिज्पाचा सहतैस्तु न कर्तव्या बुधैः किया। द.q. by स्मृतिच. II. p. 184, अपरार्क pp. 831-832. ‘सहक्रिया पाणि ज्यकविशिल्पकतुसंगीतस्तैग्यास्मिकामित्यर्थः । तत्र पाणिज्यक्रिया नाणकवदिभिरायव्ययः सम्भूय कार्या। कृषिक्रिया तु आयव्ययः। शिल्पक्रिया संगीतक्रिया च प्राज्ञैः।। स्मृतिच.

H. p. 18+.

प्रयोग कुतो ये तमिधाम्परसादिना । समन्यूनाधिकरशैलाभस्तेषां तथाविधः । समो न्यूनोधिको पाशो येन क्षिप्तस्तथैव सः । व्ययं दद्यात्कर्म कुर्यालाभ गृहीत चैव हि वृद. q.by. सतियII. p. 185, ज्य. म. p. 298. अपरार्क p. 832 ascribes the first to कारयायन.

III ]

Duties of partners

467

in sales or purchases of various commodities. 805 Bp. (SBE vol. 33 p. 337 verses 5-7) provides that whatever s6 property one partner may give ( or transfer ), being authorised to do so by the rest, or whatever document (or transaction ) he may cause to be executed, all that is to be deemed as done by all partners; the partners themselves are declared to be the judges ( the deciding persons) or witnesses among themselves in a doubtful case and in case of fraud, provided they are not already at feud among themselves. It follows from this that by entering into an agreement of partnership, each partner agrees that he submits to the decision of the other partners in cases of doubt. If any one from them is found out to have practised fraud on the others in sales or purchases he should clear himself by special oaths or ordeals. Yāj. II. 260, Nār. VI. 5,807 Bṛ. (SBE vol. 33 p. 337 verse 9 ) provide that each partner is responsible to make good what has been lost through his negligence or in consequence of his acting against the instructions of the others or of his acting without their authority or consent. If any one of the partners saves partnership property from act of God or the king or thieves ( or similar calamity ) by his own exertions he is to be awarded (as his special share ) one tenth of the property saved ( Yaj. II. 260, Kāt. 631, 808 Nār. VI. 6). If any partner is crooked or fraudu lent the rest may expel him without giving him any profit; a partner who is incompetent to work (personally ) should get the partnership business done through another ( Yāj. II. 265 ). Yaj. II. 264 and Nār. VI. 7 and 17-18 state that if one partner

FAHRETS : TTFUTTI FOTOUTESTUTE vey: That FTTH q. by Fr . II. p. 185, 3197 p. 832. Compare sec. 9 of the Indian Partnership Act (IX of 1932 ) about the duty to be just and faithful.
at what the qurash #7: I cut

per परीक्षकाः साक्षिणस्तु त एवोक्ताः परस्परम् । सन्दिग्धेर्थे वशनायां न चेद्विद्वेषसंयुताः ॥ यः कश्चिदशकस्तेषां विज्ञातः क्रयविक्रये । शपथैः सोपि शोय: स्यात् सर्ववादेवयं विधिः ॥ T. q. by . A. p. 200. r. t. pp. 113, 123, *.4. p. 299; 99 p. 832 has all these, ascribes the first to #41. and reads of me. What is meant is that when one partner raises an objection they have to decide what is to be done by a majority (and so they are judges in their business). Vide sections 12 and 18 of the Indian Partnersbip Act as to the decision by the view of majority and as to agency of partners.

F utistet eftca: semua TELI Srpaqeu veulenthurn ita: # TIT VI. 5.
: Frent THT FATE TE I Fahat Fat:

p oezi PATE:

1 47. 631 q, by TTL HT. III. 305, A. t. p. 114.

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History of Dharinasāstra

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goes to a foreign country and dies, his share should be taken by his heirs ( Bon &c.) or by his agnates or cognates ; in default of these the other partners may take it and in default of them the king may take it after waiting for ten years to see whether any heir or claimant turns up. Katyayana 309 states that in the case of artisans who together carry out some work, those among them who are directors of new methods get four shares, those who are adepts in the craft three shares, those who have studied the craft two shares and the apprentices only one share. Whatever is given to strangers by all together (i. e. by the partnership firm ) should be claimed back by the firm as such ; any single partner should not claim it; if he does so he will lose his share of the profit 810. Some rules are prescribed by Br. that among dancers, singers and musicians, the singers get equal shares; while those who beat the tune only get half share each; similarly in the joint construction of a mansion or a temple the head of the artisans gets two shares. An artisan 811 (Silpin) is one who manufactures or works upon gold, silver, yarn, wood, stone and hides or one who has mastered one of the ( 64 ) arts. If a king has ordered a band of adventurers from among his subjects to make a plundering expedition in enemy country, Br. (in V. R. p. 125 ) and Kāt. (633-635 ) 812 prescribe that the king gets one tenth (acc. to Bṛ.), the leader gets four shares in the remainder, the valiant among his followers three (shares, the more capable two shares and the rest one each and that if any one of them is caught the money for his ransom should be oontributed by all according to their shares. When no agree ment is made as to shares in property by traders, husbandmen, thieves and artisans similar rules apply 813.

शिग्यकाभिज्ञकुशला आचार्याति शिल्पिनः । एकद्वित्रिचतुर्भागान्हरेयुस्ते यथा. # TEYT. 632, q. by 84. 8. p. 201, 3194 p. 838, a. t. p. 124.
F ET v sreteri romani “: #HTETT afteten T.q. by aqua . 833, P. T. p. 123, 54. 8. p. 300.
REPORT TEMPAUTTĘ hart Fort: sredint # ra: 1 . q. by fa. t. p. 124, 74, 94. p. 304 (reads ftruereo
tergo Tant: qu i tratta TETTER - धाविधि। बोराणां मुख्यभूतस्तु चद्रोशस्तितोहरेत् । शूरॊशाग्रीन्समर्थो ही शेषारत्वेकैकमेव वा। तेषां चत्मताना यो ग्रहणं समवाप्नुयात् । तम्मोक्षणार्थ यहत्तं बहेयुस्ते यथाशतः ॥ #1241. q. by . II. p. 189, sue. f. p. 286, T. *. III. 311, 7. 4. p. 305.
port operert Ficopt forget Tut I regratstarost with farofa: # TEUT. q. by *. . p. 305,077 1. III. p. 312, fit. t. p. 126.

tii

Rules about distribution of sacrificial fees

469

It is interesting to note that the ancient Dharmasūtras of Gautama, Apastamba and Baudhāyana are silent about partner ships, that Manu (VIII. 206-210 ) lays down rules about the distribution of fees among the priests at a sacrifice and that in one verse ( VIII. 211) he remarks that the same principles are to be applied in all matters where men work conjointly (i. e. each is to be paid according to the importance and voluine of the work he does). The rules about sacrificial priests in Manu are: If a priest chosen to do work in a sacrifice abandons his work a share only of the fee in proportion to the work ( done ) shall be given to him by those conjointly working with him; if a priest leaves after the fees are distributed (as at the time of midday extraction of Soma in the great sacrifices like Jyotiṣtuma ) then he keeps the whole of it and shall cause the renraining work to be performed by another (who will be paid by the sacrificer, acc. to Medhātithi). When specific fees are prescribed to be paid to individual priests at the performance of the several parts in a complicated sacrifice, the individual priests are to receive them and all are not to participate; as for example, the adhvaryu takes the chariot, the brahmā priest takes the horse in Agnyādhāna, the hotalso takes the horse and the udgātr the cart used in purchasing the soma plant. The four chief priests are entitled to one half of the fees, the first group of their assistants will get half of what the chief ones get, the 2nd group and the fourth . Nār. VI. 10 and Bṛ. ( in V, R. p. 120) state that sacrificial priests are of three kinds viz. one hereditary and honoured by the ancestors of the sacrificer, one appointed by the sacrificer himself and one who performs the functions of his own accord through friendship and that (VI. 9 and 11 ) if an officiating priest forsakes a sacrificer who is free from any fault and who has caused no harm or if a sacrificer abandons a priest who is faultless, they both shall be punished but this does not apply to the third kind of priest. Saṅkha-Likbita, as quoted in V. R. pp. 117 and 120-121 and Sm. C. II. p. 188, give elaborate rules about sacri ficial priests dying or leaving work and the fines to be imposed on them. Kaut. III. 14 lays down rules for the receipt of fees by priests when they leave off at different stages of such solemn sacrifices as the Agnistoma and also when the sacrificer dies without completing the sacrifice. The Vy. Nir. (pp. 284-285 ) quotes a few sentences from Kaut. III. 14.

The above shows that in the times of the ancient sūtras, secular partnerships had not attained sufficient importance and

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History of Dhurmuśasira

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even in the times of the Manusmrti almost the same was the case. While Manu extends the rule about the distribution of fees at a sacrifice 814 to secular joint undertakings, Yāj. ( 11. 265 ) extends the general rules about the partnerships of traders to sacrificial priests, husbandmen, craftsmen (like carpenters, dancers &c.). That shows that complicated sacrifices requiring a large number of priests had become rare in Yājñavalkya’s days and partnerships of traders and artisans had assumed great importance.

four called one to to each of state, thened one-thirders can

In solemn sacrifices like the foreta there are four principal priests (gig, a, gra, TTT) and each of the four has three assistants, If 100 cows in all are to be distributed as dakṣinā the four principal priests get 48 in all (i. e. 12 each), the first group of four assistants called

• ardhinah’ in the Vedic passages to be quoted below and in Manu VIII. 210 (viz. H GUT, TUPUTS, WET , FIE) receive one-half of 48 (i. e. 24, 6 for each), the next group of four called ‘one-thirders’ (antra:) in both get 16 (4 to each of TT, A , spate), the last group of four called one-fourth holders’ ( #:) get 12 in all (3 to each of ure ,

org, atg, poo). Vide Mit. on Yaj. II. 265, Kullūka on Manu. VIII. 210, V. R. p. 119, V. P. p. 301. The autre X. 2. 25 says TUTTTH Test Tia: tarxet t ore at: 1. The question of distribution is agitated in Jai. X. 3. 53-55, the prima facie (pūrvapakṣa) view being that tbe cows should be equally divided among all the priests or according to the work done, while the conclusion is that since the sruti employs the words अधिनः, तुतीयिनः and पादिनः as if it was a well-known matter (anuvāda), the cows are to be distributed as in Kāt. Ś, sūtra above. The Vedic passage is अध्ययुगृहपति दीक्षयित्वा ब्रह्माणं दीक्षयति तत उदातारं ततो होतारम् । ततस्तं मतिमस्थाता दीक्षयित्वाधिनो दीक्षपति । … ततस्तं नेष्टा दीक्षपिखा तुतीयिनो दाक्षपीत। … ततस्तमुजेता दीक्षयिस्वा पादिनो दीक्षयति ।