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)?
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.
मत्तोन्मत्तार्ताध्यधीनैर्बालेन स्थविरेण वा । असम्बद्धकृतश्चैव व्यवहारो न सिध्यति ॥ १६३ ॥
A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorised (party) is invalid.
सत्या न भाषा भवति यद्यपि स्यात् प्रतिष्ठिता । बहिश्चेद् भाष्यते धर्मात्नियताद् व्यवहारिकात् ॥ १६४ ॥
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).