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Title: Hindu Law and Judicature - from the Dharma-Sástra of Yájnavalkya
Author: Yájnavalkya
Language: English
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Transcriber's note:
1. The spelling, accents, and diacritical marks of Sanskrit words
was not consistent through the book. These have been made
consistent.
2. The corrections noted in the Corrigenda on page v have been
made in the text.
HINDU LAW AND JUDICATURE
FROM THE
DHARMA-ŚÁSTRA
of
YÁJNAVALKYA
In English
WITH EXPLANATORY NOTES AND INTRODUCTION
BY
EDWARD RÖER, ph. D., M. D.
AND W. A. MONTRIOU, BARRISTER.
Calcutta:
R. C. LEPAGE & CO., BRITISH LIBRARY.
London:
R. C. LEPAGE & CO., 1, WHITEFRIAR'S STREET, FLEET STREET
1859.
* * * * *
PREFACE.
The immediate incentive to this undertaking was, a knowledge, or at
least a strong impression, that a connected and explanatory
translation of the rules of jurisprudence[1] in the Dharma Śástra
of Yájnavalkya was a practical want.
Such impression was coincided in, and therefore proved correct, by a
long list of local subscribers eminently qualified, by position and
experience, to decide.
Dr. Röer is responsible for the fidelity of the rendering, so far as
depends on knowledge of the Sanscrit language and literature, of Hindu
mythology and philosophy. Mr. Montriou has aided, so far as enabled by
juridical acquirements and experience. The language of translation
has, therefore, been a joint labour, often the result of much and
anxious discussion, and, if not unfrequently but a choice of doubtful
alternatives, yet, always a choice made with pains and circumspection.
The text we have generally followed is Stenzler's[2] which is based on
and selected from two MSS. in the royal library at Berlin and two
editions published in Calcutta.[3]
We have not neglected constant comparison with Stenzler's German
translation as well as with the several detached passages as
translated by Colebrooke and W. Macnaghten.
Words within brackets ( [ ] ) are not in the original text.
References to, and extracts from, the standard commentary upon
Yájnavalkya, the Mitákshará, necessarily form the staple of our notes.
All such extracts are distinguished by the initial (_M._), and the
author of the commentary we invariably refer to as, the Commentator.
At the same time, we have not blindly or implicitly followed this
commentator. In some sense all Hindu glosses are untrustworthy guides.
They assume the text to be the language of inspiration; and, as the
several Dharma Śástras not merely differ, but often dispose of the
same subject in a contradictory manner, Pandits deem it their duty to
reconcile all discrepancies, how forced soever their interpretations
may be. In passages so dealt with, we have endeavoured to give the
plain meaning of the original text.
We gratefully acknowledge the obliging assistance, in research,
enquiry, and suggestion, occasionally afforded, in the progress of
our task, by Babus, Chandra Saikhur Dev[4] and Shyámácharaṇa
Sircar.[5]
E. R.
W. A. M.
August 1858.
FOOTNOTES:
[Footnote 1: _vyavahára._]
[Footnote 2: Yájnavalkya's Gesetzbuch, Sanscrit and Deutsch, Berlin
and London, 1849.]
[Footnote 3: 1. Sanhitá of Yájnavalkya, edited by Sri Bhavánícharana
Vandyopádhyaya: 2. The text published in the Mitákshará Dharma
Śástra, Calcutta, 1812.]
[Footnote 4: Formerly head superintendent of the legal and zemindarry
affairs of the maharajah of Burdwan.]
[Footnote 5: Joint chief translator and interpreter H. M. Supreme
Court.]
CORRIGENDA.
Page x, (Introd.) for "Swabhábha" read "Swabháva."
" xi, " " "sl. 241" read "sl. 240."
" 2, sl. 2, " "harken" read "hearken."
" 79, sl. 303, " "equipage," read "vehicle."
" " " " _gadee_" read "seat."
Transcriber's Note: These corrections have been made in the text.
INTRODUCTION.
Professor Stenzler enumerates[6] forty-six distinct Dharma Śástras
or recognised codes of Hindu law and ritual, _scil._
☨☨☨ 1. Agni.
☨ 2. Angiras.
☨ 3. Atri.
☨ 4. Ápastamba.
☨ 5. Uśanas.
☨☨ 6. Rishyaśringa.
☨☨ 7. Kaśyapa.
☨ 8. Kátyáyana.
☨☨ 9. Kuthumi.
☨☨ 10. Gárgya.
☨ 11. Gautama.
☨☨☨ 12. Chyavana.
☨☨☨ 13. Ch'hágaleya.
☨☨☨ 14. Játúkarṇa.
☨☨ 15. Jábáli.
☨ 16. Daksha.
☨☨ 17. Devala.
☨☨ 18. Nárada.
☨ 19. Paráśara.
☨☨ 20. Páraskara.
☨☨☨ 21. Pitámaha.
☨☨ 22. Pulastya.
☨☨ 23. Paiṭhínasi.
☨☨ 24. Prachetas.
☨☨☨ 25. Prajápati.
☨☨☨ 26. Budha.
☨ 27. Brihaspati.
☨☨ 28. Baudháyana.
☨☨ 29. Bhrigu.
☨ 30. Manu.
☨☨ 31. Maríchi.
☨ 32. Yama.
☨ 33. Yájnavalkya.
☨ 34. Likhita.
☨☨ 35. Laugákshi.
☨ 36. Vaśishṭha.
☨☨ 37. Viśwámittra.
☨ 38. Vishṇu.
☨ 39. Vyása.
☨ 40. Śankha.
☨ 41. Śátátapa.
☨☨☨ 42. Śáṭyáyana.
☨ 43. Samvartta.
☨☨ 44. Sumantu.
☨☨☨ 45. Soma.
☨ 46. Háríta.
Of the above list, twenty (distinguished by one cross) are in
Yájnavalkya's list:[7] seventeen of these are named by Paráśara,
_viz._ all except Yama, Brihaspati and Vyása, instead of whom he gives
Kaśyapa, Gárgya and Prachetas: the _Padma Puráṇa_ gives those
named by Yájnavalkya, with the exception of Atri, and seventeen
others, (distinguished by two crosses) three of whom, Prachetas,
Kaśyapa and Gárgya, are on Paráśara's list, and the remaining
fourteen, not before mentioned: Madhusúdana Saraswatí names the same
nineteen of Yájnavalkya's list, also Devala, Nárada, Paiṭhínasi:
Ráma Krishṇa, in his gloss to the _Grihya Sútras_ of Páraskara,
mentions thirty-nine, of whom nine (distinguished by three crosses)
are new ones. There is also a Dharma Śástra attributed to Śankha
and Likhita jointly, thus making forty-seven in the whole. The
professor considers all to be extant; and has himself met with
quotations from all, except Agni, Kuthumi, Budha, Śáṭyáyana, and
Soma.
To those may be added several recensions of the same Dharma
Śástras, of which professor Stenzler speaks to having read of
twenty-two.
The entire forty-seven are independent sources of and authorities upon
Hindu law.
The Digest of Jagannát'ha Tarcapanchánana, as translated by
Colebrooke, is a valuable repertory of texts; but, detached and
isolated as they necessarily are, those texts can with difficulty be
appreciated or applied.
Yájnavalkya is second in importance to Manu alone: and, with the
commentary, is the leading authority of the Mithilá school.
The resident of British India needs not to be informed, that the
orthodox Hindu regards his Dharma Śástras as direct revelations of
the Divine will: still less need such an one be told, that, among this
people, law is entirely subservient to the mysterious despotism of
cast,[8] a religious, rather than a political ordinance.
With the Hindu, all religious tenets and aspirations are centred in
the idea of BRAHMÁ, the one, pervading, illimitable substance, without
multiple, division or repetition. This idea has two modes or phases,
1st. as representing the absolute, self-included Brahmá; 2nd. as
representing Brahmá in connection with, relative to, the world. In the
latter, Brahmá is creator of the world, or, the very world, a
semblance or a development of the former, the absolute idea. Man's
highest aspiration and aim is, to know Brahmá absolutely: to have
attained this knowledge implies a total renunciation of worldly
concerns, to coalesce with, to be ultimately absorbed in, reunited
with, Brahmá. Bráhmaṇas are held to possess, to represent, this
knowledge. Again, Brahmá is the creator, the preserver, also, the
objects created and preserved. Kshattriyas represent Brahmá, the
preserver: Vaisyás, Brahmá the preserved. The dogma is otherwise
explained: in the secondary or relative notion, Brahmá is _Sattwa_,
_Rajas_, _Tamas_, _i. e._ goodness, activity, darkness,--respectively
represented by the Bráhmaṇa, Kshattriya, and Vaisyá casts.
When the Hindus dwelt in the country of the five rivers, and were
worshippers of the powers and phenomena of material Nature, as of
Indra, Váyu, Agni &c., cast was necessarily unknown, for the notion of
Brahmá was undeveloped.
The divisions or classes among them were conventional; there were
princes, priests, and peasants or cultivators.
But class distinction had not then crystallized into cast, into
immiscible, uncongenial yet co-ordinate elements of a so called
revealed constitution.
So soon however as the idea of Brahmá had attained fixity in the Hindu
mind, and simultaneously with it, cast was developed, as we find it
(but imperfectly) in the earliest records of Hindu philosophy, the
Upanishads.
Thus, cast governs and is antecedent to law, which must bend and adapt
itself to cast, as the overruling, intrinsic, unalterable condition of
Hinduism, of Hindu life. There is one law, one phase of obligation for
the twice-born, another for the Śúdrá. In Manu, cast is not so
fully and severely developed: Manu permits to the Bráhmaṇa four
wives, of whom one may be a Śúdrá, necessarily permitting,
therefore, a transition or quasi-amalgamation between the highest and
the lowest in the scale. Yájnavalkya permits this Bráhmaṇical
communion with the Kshattriya and Vaisyá, but not with the Śúdrá.
Later promulgators of law,[9] restrict the Bráhmaṇa to his own
class.
But although cast, once developed, admitted not of change, juridical
rules, subservient to cast, might and did progress: civil laws and
procedure became more comprehensive and exact, the criminal code more
regulated, lenient, and enlightened. And as universally, (for such is
human,) breaches and occasional disregard of rules have, silently
though surely, worked a change, or caused exceptional accessions to
the rules themselves.
The rule of the Śástras, that kingly power should belong to the
Kshattriya alone, was, even in the halcyon days of Hindu polity,
repeatedly set aside. Chandragupta, a Śúdrá, and his dynasty, held
sway over India from 315 to 173 B. C.: afterwards came Bráhmaṇical
kings, the Kánwas, from 66 to 21 B. C.: whilst the mighty Gupta kings,
from 150 to 280 A. C., were Vaisyás.
The code of Manu presents a disarranged mass of regulations, in so
much that some have supposed the disorder to have been designed.
That conclusion, however, is repelled by the comparatively succinct
arrangement of Yájnavalkya and other sages. It is more consistent to
suppose, that Manu, as originally promulgated, was, from time to time,
added to, with an accidental disregard of method.
_Áchára_, ritual, comprises the distinctive cast-ceremonies, domestic
and social usages, rites of purification, of sacrifice.
_Vyavahára_, may be called the juridical rules, embracing as well
substantive law as the procedure and practice of legal tribunals.
_Práyaschitta_, expiations, are the religious sanctions, or penalties
of sin; the divine visitation upon offenders, and the mode in which
the sinner may avert, by atonement, the consequences of divine
vengeance.
The date of Yájnavalkya's Dharma Śástra is not definitely or
satisfactorily fixed. From internal evidence, it is doubtless much
subsequent to Manu.
The data for conjecturing the period of Yájnavalkya are;
1. Reference is made to Buddhist habits and doctrines, _viz._ the
yellow garments, the baldhead, the Swabháva (B. I. sl. 271, 272, and
349).
Hence, this Dharma Śástra must have been promulgated later than B.
C. 500.
2. Reference is made to a previous Yoga Śástra promulgated by
Yájnavalkya (B. III, sl. 110). Now, the Yoga philosophy was first
shaped into a system by Patanjali who, according to Lassen, probably
flourished about 200 B. C.
3. Mention is made of coin as _náṇáka_ (B. II, sl. 240). Now, the
word _nano_ occurs on the coins of the Indoscythian king, Kanerki,
who, according to Lassen, reigned until 40 A. C.
The result, though indefinite, places the earliest date of
Yájnavalkya's code towards the middle of the first century after
Christ.
FOOTNOTES:
[Footnote 6: See his paper _Zur Geschichte der Indischen Gesetzbúcher_
(Contributions to the history of the Indian law-books) in Weber's
_Indische Studien_, vol. I, pp. 232 to 246.]
[Footnote 7: Yájnavalkya, ch. I, sl. 3 to 5.]
[Footnote 8: We have followed Mr. Elphinstone (Hist. ch. 1) in the
orthography of this word: it is from the Portuguese _casta_, breed,
race.]
[Footnote 9: See Lassen's _Indische Alterthumskunde_, vol. II, p.
510.]
SELECTED SLOKAS OF THE FIRST BOOK.
RITUAL AND MORAL CONDUCT.[10]
1. The Munis[11] after adoration to Yájnavalkya, lord of Yogís,[12]
thus addressed him:
Reveal to us the several duties of the casts, of the orders,[13] and
of the others![14]
2. The prince of the Yogís, who then abode in Mithilá, meditating for
a moment, said to the Munis: Hearken to the rules of duty in the
country of the black antelope![15]
3. There are fourteen repositories[16] of the sciences and of law; the
four Vedas together with the Puráṇas, the Nyáya, the Mimánsá, the
Dharma Śástras, and the six Angas.[17]
4. Manu, Atri, Vishṇu, Háríta, Yájnavalkya, Uśanas, Angiras, Yama,
Ápastamba, Sanvarta, Kátyáyana, Brihaspati,
5. Paráśara, Vyása, Śankha, Likhita, Daksha, Gautama,
Śátátapa, and Vaśishṭha,[18] are they who have promulgated
Dharma Śástras.
6. When a gift is made, in due season, place and manner, in good faith
and to a fit person--all this gives the idea of Law.
7. The Śruti, the Smriti,[19] the practice of good men, what seems
good to one's self,[20] and a desire maturely considered--these are
declared to be the root[21] of Law.
9. Four learned in the Vedas and in the Law form a Court, or
Traividya.[22] Whatever is declared by this [Court], or by a single
person who has, in an eminent degree, knowledge of the soul in its
relations[23]--the same should be [held as] Law.
10. Bráhmaṇs, Kshattriyas, Vaisyás and Śúdrás are the casts: of
them the three first are twice-born; all their rites, commencing with
the procreative rites, and ending with those [which are gone through]
where the corpse is disposed of,[24] are with Mantras.[25]
14. In the eighth year from conception, or in the eighth [of
birth],[26] the investiture[27] of the Bráhmaṇ [takes place]; of
Rajas[28] in the eleventh; of Vaisyás in the twelfth: some [have said,
this varies] in accordance with [the usage of] the family.
39. Bráhmaṇs, Kshattriyas, and Vaisyás are born, first, of their
mothers, and, a second time, by the girding on of the sacred
thread--therefore are they declared to be twice-born.
116. [Men] are to be honoured in the gradation following,--in respect
of learning, conduct, years, family, property. Even a Śúdrá, if he
excel in these respects, is in old age worthy of honour.
326. The monarch, at his rising [from the night's repose], having seen
to the [general] safety, shall himself inspect the [account of]
revenue and disbursements; he shall then adjudicate law-suits; after
which, having bathed,[29] he may, at his pleasure, take his meal.[30]
342. Of a newly subjugated territory, the monarch shall preserve the
social and religious usages, also the judicial system and the state of
classes as they already obtain.[31]
352. A ruler, a minister, people, a stronghold, treasure, [power of]
punishment, and allies--because these are its elements, a realm is
called seven-limbed.
353. When possessed of this, let a monarch cause punishment to fall on
the guilty; for, of old, justice was created by Brahmá under the form
of punishment.[32]
357. A brother even, or a son, any one to whom respect is due, a
father-in-law or maternal uncle, if he transgress, is not to go
unpunished by the monarch.
358. The monarch who punishes such as deserve punishment, who slays
such as deserve death: he is as one who has made many sacrifices with
valuable offerings.[33]
359. Every day should the monarch, pondering on his reward (such as
sacrifices gain), himself investigate law-suits in their order with
the judges around him.
360. The monarch, always duly correcting [those among] the casts, the
mixed classes, the guilds, the schools[34] [of the learned], and the
people [in general], who have deviated from their duty, should set
them in the [right] path.
361. A particle of dust in the sunbeams, as they shine through a
window, is held to consist of three atoms; eight of those [particles]
are equal to a poppy seed, of which three are equal to a black mustard
seed;
362. Three of these to a white mustard seed, three of these to a
barley seed of middle size, three of these to a Krishṇala
berry,[35] five of these to a Másha,[36] sixteen of these to a
Suvarṇa.[37]
363. A Pala is four or five[38] Suvarṇas. Two Krishṇalas are a
silver Másha; sixteen of the latter, a Dharaṇa.
364. A Śatamána and a Pala are each equal to ten Dharaṇas: a
Nishka is four Suvarṇas: a copper Paṇa is of the weight of a
Karsha.[39]
365. One thousand and eighty Paṇas is declared the highest fine;
half of that amount the medium fine; and half of this the lowest fine.
366. Reproof, words of ignominy, fine, and death,[40] shall be
administered, singly or together, according to the crime.[41]
367. [The monarch] having informed himself of the crime, the place
where, and the time when [committed], the strength [of the criminal,
his] age, calling, and means, shall cause punishment to fall upon the
guilty.[42]
∵ The foregoing extracts, it will have been observed, are of general
application, and do not refer to any part of the law in detail.
Several slokas in the first book, however, and some in the third, do
refer to and affect the details of law, which are the proper subject
of the second book, where therefore they are inserted, according to
their subject.
FOOTNOTES:
[Footnote 10: This is the general subject and title of the first book;
but the following slokas are selected as introductory of and with
reference to civil and municipal law.]
[Footnote 11: Pre-eminent, divine sages; probably the great Rishis,
the first-created of Brahmá, mentioned in the opening verse of Manu.
In the third book (sl. 186--189) two classes of Munis are described,
of whom one, after blessed experience of Heaven, return to Earth, and
the other are to continue in the abodes of bliss until the destruction
of the universe. These latter are the publishers of the Vedas,
Upanishads, Sútras, Puráṇas, in fine of all records of knowledge
through the medium of language.]
[Footnote 12: These (according to Hindu notions) have withdrawn their
senses from external things by, as it were, mental concentration,
fixing the thoughts, without change or wavering, upon the soul in its
relations with the Supreme Being.]
[Footnote 13: _viz._--the _brahmachári_, the student of the Vedas,
the _grihastha_, the head of a family.
the _vánaprastha_, who has retired from active life, to the forest.
the _sanyásí_, whose duty it is to pass his time in meditating upon
Brahmá, so as to attain to the state of a Yogí.]
[Footnote 14: _i. e._ the mixed casts. (_M._)]
[Footnote 15: Manu, ch. 2, sl. 23.]
[Footnote 16: The Commentator explains this by a word which signifies
cause or source.]
[Footnote 17: IV. _Vedas_, of which there are four, each being divided
into _sanhitá_ and _bráhmaṇa._
V. _Puráṇas_, these (of which there are 18) treat of the origin and
destruction of the world, mythological stories and genealogies, and
the doings of the early Hindu monarchs.
VI. _Nyáya_, one of the six orthodox systems of Hindu philosophy,
treating especially of logic and dialectics.
VII. _Mimánsá_, there are two Mimánsás: the first (_pūrva_) treats
of the rules of duty, as derived from the Vedas, the second or
subsequent (_uttara_) treats of Brahmá, the universal cause and soul.
VIII. _Dharma Śástras_, _viz._ Manu, Yájnavalkya, &c., the
subject being divided into, 1. Ritual and moral conduct (_áchára_); 2.
Law and judicature (_vyavahára_); 3. Expiations (_práyaschitta_).
XIV. _Angas_, six treatises, _viz._, pronunciation, grammar,
prosody, explanation of obscure terms, religious rites, astronomy.
These are considered appendants of the Vedas. The word _angas_
signifies, limbs.]
[Footnote 18: To these twenty many others have to be added, Nárada,
&c.: see Introduction.]
[Footnote 19: Śruti are the Vedas; Smriti, the Dharma Śástras:
such is the definition of Manu, ch. 2, sl. 10.]
[Footnote 20: The Commentator qualifies this indefinite source of law,
as applicable only where two or more lawful alternatives are
presented.]
[Footnote 21: Further explained by the Commentator, the evidence or
proofs of law; and he adds, the several proofs mentioned, where they
clash, are of weight and authority according to their precedence,
_e.g._ Śruti the highest, the mature desire the lowest, Manu, ch.
2, sl. 6, 12.]
[Footnote 22: Which means, having knowledge of the three Vedas. See
Manu, ch. 12, sl. 110 to 113.]
[Footnote 23: To explain or enlarge upon this metaphysical phrase
would be out of place in the present work. The curious student can
refer to the Upanishads and the Vedánta.]
[Footnote 24: Which, in the time of our author, meant, the place of
cremation. In the third book, sl. 1, 2, Yájnavalkya says:--A child
under two years of age is to be buried, nor shall water be offered;
every other deceased, being followed by his relatives to the place for
disposal of the dead, shall there be burned.
It was certainly otherwise at the period of the Vedas (vide _Die
Todtenbestattung im indischen Alterthum. German Oriental Society's
Journal, Vol. VIII. pp._ 467--475): the paraphrase in the text is the
meaning of the term used, _smasána._]
[Footnote 25: Texts of the Vedas to be recited on solemn occasions.
See analogous passage, Manu ch. 2, sl. 16.]
[Footnote 26: So we supply the hiatus in the text, in conformity with
the opinion of the Commentator. Manu makes no allusion to the
alternative, ch. 2, sl. 36.]
[Footnote 27: Induction into the character and privileges of his cast,
by means of the sacred thread.]
[Footnote 28: who, being Kshattriyas, here represent the cast.]
[Footnote 29: at mid-day. (_M._)]
[Footnote 30: Manu ch. 7, sl. 216.]
[Footnote 31: ibid, 201 et seq.]
[Footnote 32: ibid, 13, 41.]
[Footnote 33: Manu ch. 8, sl. 306.]
[Footnote 34: The Commentator explains the general expression here
used by the word _haituka_, of which one meaning is that given in the
text, but it also signifies, those who do not believe in the Vedas.]
[Footnote 35: _retti_ or _gunja_, a shrub bearing a small red and
black berry. Wilson.]
[Footnote 36: A sort of kidney bean, _phasealus radiatus._ Wilson.]
[Footnote 37: About 176 grains Troy weight. Wilson.]
[Footnote 38: Manu says four.]
[Footnote 39: These tables of weight, as further explained by the
Commentator, may be given thus:
3 Atoms = 1 Mote.
8 Motes = 1 Poppy seed or a nit.
3 Poppy seeds or 3 nits = 1 Black mustard seed.
3 Black mustard seeds = 1 White mustard seed.
3 White mustard seeds = 1 Barley corn.
3 Barley corns = 1 Krishṇala.
_Gold._
5 Krishṇalas = 1 Másha.
16 Máshas = 1 Suvarṇa.
4 Suvarṇas = 1 Pala.
_Silver._
2 Krishṇalas = 1 Másha.
16 Máshas = 1 Dharaṇa.
10 Dharaṇas = 1 Pala or Śatamána.
4 Suvarṇas = 1 Nishka.
_Copper._
4 Karshas = 1 Pala.
1 Paṇa = 1 Karsha _i. e._ 1/4 Pala.
They by no means satisfactorily define the intrinsic weight and
signification of the Paṇa, which, as the measure of pecuniary
penalty, would seem to be the chief if not sole object of their
introduction.
In the corresponding slokas of Manu, ten Palas are said to be
equivalent to one Dharaṇa. We can only reconcile this by supposing
Manu to refer to a gold Pala and Yájnavalkya to a silver Pala.]
[Footnote 40: The Commentator remarks, that this includes every kind
of corporal punishment.]
[Footnote 41: Manu, ch. 8, sl. 129, 130.]
[Footnote 42: ibid, sl. 126, also ch. 7, sl. 16. In the last passage,
Sir Wm. Jones has added to the term, strength, _his own_; this we
consider to be an error, at any rate it is not a mere translation, and
we have applied the term used, _viz._ _strength_ simpliciter,
differently.]
THE SECOND BOOK
LAW AND JUDICATURE.
1. Let the monarch,[43] free from anger or thought of gain, in
conjunction with learned bráhmaṇs, adjudicate law-suits, according
to the Dharma Śástras.
2. He shall appoint judges perfect in the Vedas and in science,[44]
versed in the Dharma Śástras, such as speak truth and bear
themselves alike to friend and foe.
3. If the monarch, from press of other business, cannot adjudicate, he
shall appoint a bráhmaṇ versed in the whole law, [to preside] with
the judges.[45]
4. Should the judges, from partiality, from love of gain, or from
fear, act in anywise contrary to law or usage;[46] each one [so
acting] shall be amerced in double the value of the suit.
5. When one who is aggrieved by others, in any way contrary to law or
usage, makes a representation to the monarch; this is matter for a
law-suit.
6. The representation, as made by the plaintiff, is to be put in
writing, in presence of the defendant; the year, month, half-month,
day, names, cast, &c.,[47] being given.
7. The answer [of the defendant] to what he has heard [read] is then
to be put in writing, in presence of him who made the first
representation: and then the latter shall, at once, furnish a
statement in writing of the proof to support what he has asserted.
8. This being established, he succeeds in his suit; otherwise, the
reverse. Thus it appears, the procedure in law-suits has four steps.
9. Let not a counter-complaint be preferred until the [original]
complaint is disposed of, nor let a third person [sue] him against
whom a complaint is pending.[48] The statement of the cause of suit is
not to be varied.[49]
10. [The defendant] may bring a counter-plaint for abusive
language,[50] or personal trespass,[50] or for acts of atrocious
violence.[51] On behalf of each party, a surety, competent to meet the
result of the suit, shall be bound.
11. One against whom, after [a plea of] denial, judgment is given,
shall pay the amount [adjudged to the plaintiff] together with an
equal sum to the monarch.[52] One who has made a false complaint,
shall forfeit double the amount of his claim.
12. In a case of atrocious violence, of theft, of reviling or personal
trespass,[53] where a cow is the subject, or a [malicious] charge of
crime,[54] or an offence destructive of life or property[54] where a
female [of the household] is the subject--[in each of these cases] the
Court shall compel the parties to go to trial forthwith. In other
cases, a day may be appointed at pleasure.
13. One who moves from place to place,[55] who licks the corners of
his mouth, whose forehead sweats, and whose countenance changes
colour.
14. who with words from a dry throat, stammering, says much that is
contradictory, who makes no response to word or look, who contracts
the lips--
15. whosoever [in this wise] changes his natural manner, in the action
of his mind, of his speech, and of his person, is to be set down as
false in his complaint, or [if a witness] in his testimony.[56]
16. One who enforces by his own arbitrary act a claim which is denied,
who absconds, or who does not respond when called--[each of these] is
considered to have failed, and is amenable to punishment.[57]
17. Where there are [rival claims, and] witnesses on both sides, the
witnesses of him who asserts the elder title, are to be [first]
examined: if that title be admitted,[58] then the witnesses of him
who claims by subsequent title [shall be examined].[59]
18. Should the suit be accompanied by a wager, [the Court] shall
compel the losing party to pay the fine [prescribed],[60] as well as
his wager and his debt to the creditor.
19. Let the monarch, rejecting subtleties, conduct the trial of suits
upon the merits: even merits, in the absence of proof, must fail of
success in the suit.
20. If one plead a denial to a representation including several
matters,[61] and one part be proved against him, the monarch shall
compel him to pay the whole amount claimed: but what has not been
previously declared [by the plaintiff][62] is inadmissible.
21. If two texts of the Law be opposed to each other, an argument
founded on usage is of force; but the Dharma Śástra is of greater
force than the Artha Śástra.[63] This is a settled rule.
22. Legal proofs are described as, writing, possession, and witnesses.
In the absence of either of those, it is ordained, that some one of
the ordeals is [to be resorted to.]
23. In all disputes where property is concerned, the last act is of
greater force;[64] except in [cases of] pledge, gift,[65] and sale,
when the first act is of greater force.[66]
24. If one see[67] his land in the possession of another[68] and say
nothing, it is lost after twenty years; moveables after ten years:[69]
25. excepting pledges, boundary-limits, deposits with
specification,[70] property of idiots and children, deposits without
specification,[71] property of the monarch, of women, and of those
learned in the Vedas.
26. One who appropriates[72] a pledge, &c., shall be compelled to
restore to the owner his property, and to pay a fine of equal value,
or according to his means,[73] to the monarch.
27. Acquisition by title[74] is stronger[75] than possession, unless
this has come down from ancestors;[76] but acquisition by title is of
no avail without possession for a short time.[77]
28. If one holding by title have it questioned [in a Court of
justice], he must establish it by proof: but not so his son, nor his
son's son; in their case, possession is of greater weight.
29. If one whose title is questioned die [pending the suit[78]], his
heir must establish it by proof; in such case possession without title
will not avail.[79]
30. Those appointed by the monarch,[80] communities,[81] guilds,[82]
and families, have authority, one after the other,[83] to investigate
law-suits among men.
31. The monarch shall annul decisions of suits which have been brought
about by force or fraud; also those made by women, those made at
night, those made in private chambers, those made in a place beyond
the limits,[84] and those made by enemies.
32. A suit instituted by one intoxicated, or insane, or stricken with
disease,[85] or given up to vice,[86] or a minor, or one under the
influence of fear, &c.,[87] or one having no interest, is invalid.
33. When lost property is found,[88] it shall be restored by the
monarch to the owner: if the claimant fail to identify by some sign,
he shall pay an equivalent fine.
34. If the monarch find a treasure,[89] he shall give half of it to
the twice-born.[90] If, on the other hand, a twice-born [find a
treasure], he shall, if learned, take the whole, for he is lord of
all.[91]
35. Of treasure found by any one else,[92] the monarch shall take a
sixth.[93] If the finder do not make report, but [his discovery] comes
to light, he shall surrender [what he has found], and shall, besides,
be punished.
36. Stolen property, however, is to be given up by the monarch to the
subject; seeing that, if he do not give it, he shall bear all the sin
of that person from whom [it is stolen].[94]
37. Where there is a pledge, the interest, month by month, shall be an
eightieth part; otherwise, two, three, four or five parts, in a
hundred, according to the order of cast.[95]
38. They however who travel in forests[96] give ten parts; they who
go to sea, twenty parts, in a hundred. Or, all[97] must render to all,
of whatever cast, the rate of interest settled amongst themselves.[98]
39. But for cattle and women lent [the return] is, their offspring:
the highest encrease demandable for use of liquids[99] is eight-fold;
for wearing apparel, for corn, and for gold, four-fold, three-fold and
two-fold respectively.
40. The monarch should not blame one who enforces a recognised
debt.[100] If he, against whom the debt is enforced, complain to the
monarch, he may be punished, besides being compelled to pay the debt.
41. The debtor [as a general rule] shall be made to pay his creditors
in the order in which he has received from them; but a bráhmaṇ he
is to pay [first], and, after him, the monarch.
42. The debtor shall be made to pay to the monarch ten parts in a
hundred of the sum proved against him;[101] and the creditor, when he
has recovered his property, five parts.[102]
43. One of inferior cast,[103] who is without means, may be compelled
to labour[104] in discharge of his debt; but a bráhmaṇ,[105]
wanting means [to discharge his debt at once], shall pay gradually in
proportion to what may come to him.
44. If one do not accept restitution of his property on loan when
offered, it is to be delivered to some third party; from which time it
ceases to carry interest.
45. A debt incurred by undivided kinsmen on account of the family
shall be discharged by the heirs of the head of the family, should the
latter die or leave the country.[106]
46. A woman has not to pay a debt incurred by her husband or by her
son, nor a father the debt of his son; except such debts be incurred
on account of the family: and it is the same with a husband [in
respect of a debt] incurred by his wife.
47. A son has not to pay, in this world, his father's debt incurred
for spirituous liquor,[107] or, for gratification of lust, or in
gambling, nor a fine, nor what remains unpaid of a toll; nor [shall
he make good] idle gifts.[108]
48. As to debts of wives of herdsmen, distillers, players, washermen
and hunters, the husbands have to pay; because their maintenance
depends upon their wives.
49. A debt acknowledged,[109] one incurred by her jointly with her
husband, one incurred by herself [solely][110]--these must be paid by
the wife; none other need be paid by her.
50. If a father have gone abroad, or died, or been subdued by
calamity,[111] his debt shall be paid by his sons and grandsons;[112]
on their denial,[113] the debt must be proved by witnesses.
51. He who takes the property of one who leaves no [capable][114] son,
shall pay the debts; so, he who takes[115] the widow; also that son
whose paternal estate no other has appropriated, [and who in such
case shall always be deemed] fit to inherit property;[116] and if one
die without any son, then, whosoever succeeds to the property.
52. To become surety, to be indebted, and to give evidence, is
unlawful between brothers, between husband and wife, or between father
and son; except, where they are separated in property.
53. Giving surety is enjoined for appearance, for confidence,[117] and
for payment.[118] If there be a failure of either of the first two,
the surety [himself] in each case shall pay; of the third, his sons
[also] must pay.
54. If surety for appearance or for confidence die, the sons have not
to pay; of a surety for payment, the sons have to pay.[119]
55. If there are several sureties, they shall pay the debt according
to their respective liabilities: if all have undertaken for the entire
debt,[120] they shall [severally be made to] pay at the option of the
creditor.
56. If a surety be compelled by process of law[121] to discharge the
debt, the [principal] debtors shall reimburse him double the amount
paid.
57. For [use of] women and cattle, the offspring shall be given: for
corn, [a return of] three fold; for apparel, four fold; for liquids,
eight fold.
58. [The owner's property in] a pledge is forfeited if it be not
redeemed when the debt is doubled; of one made for a definite period,
it is forfeited at the specified date. [The property in] a pledge with
usufruct[122] does not become forfeit.
59. If a [simple] pledge be put to use, no interest is [demandable]:
so it is if a pledge with usufruct be damaged. If the pledge be wholly
spoiled or be destroyed, it must be replaced; except where caused by
accident,[123] or by the monarch.[124]
60. A pledge is complete upon acceptance.[125] If the thing pledged
have become worthless, although [duly] cared for, either another shall
be given [in its place], or the creditor shall receive back his money.
61. If a pledge be [given or taken, in reliance] upon character,[126]
the debtor shall be made to pay with interest: the debtor shall be
made to repay two-fold, if he received on his plighted word.[127]
62. If one come [and pay his debt], the pledge shall be released;
otherwise he [who has the pledge] is a thief:[128] should the creditor
be absent, the debtor is to receive back his pledge upon paying the
debt to the family;[129]
63. Or it may remain where it was, without interest [on the debt], the
value at that date [of the thing pledged] being ascertained. If the
debtor fail to come, the creditor may sell [the pledge] before
witnesses.
64. If the debt secured by pledge have become doubled, the pledge
shall be released; provided, the [value of the] usufruct of the thing
pledged be double [the amount of] the loan.[130]
65. _Upanidhi_ is something in a box delivered to the hands of
another, without a declaration. This shall be restored in the same
manner [as it was given].[131]
66. But one shall not be compelled to make good that of which he has
been deprived by the monarch, by accident, or by thieves.[132] When
the loss occurs after demand has been made, and the deposit not
returned, the depositee is to make it good and to pay a fine of equal
value.
67. Whoever of his own accord uses [this description of deposit] shall
be fined, and must restore it, together with the profit made.
The same rule applies to things borrowed[133] [for a special
occasion], also to what is delivered for the purpose of being restored
to the owner,[134] also to what is deposited [in the absence of the
head, with the other members of the family],[135] also to the deposits
called _nikshepa_,[136] and the like.[137]
68. Those proper to be witnesses are, religious devotees,[138] they
who bestow liberally, the wellborn, they who speak truth, they whose
chief aim it is to be virtuous,[139] they who are strait in their
conduct, they who have sons, and the wealthy.[140]
69. There should be at least three witnesses, such as observe the
rites prescribed by the Śruti and the Smriti, and are of a class,
whether mixed or unmixed,[141] corresponding [with that of the person
who produces them]: otherwise,[142] any person may be a witness for
any person.
70. Women, minors, aged men,[143] gamblers, persons intoxicated,
madmen,[144] persons under suspicion of crime, stageplayers,
infidels,[145] forgers, persons who are deprived of any sense,
71. heinous offenders,[146] intimate friends,[147] parties interested
[in the suit], confederates, enemies [to either party], thieves,
violent characters, the openly wicked,[148] persons cast off [by their
friends and kin], and such like,[149] are inadmissible as witnesses.
72. Even one person,[150] being an intelligent follower of ritual
duties,[151] may, with the consent of both parties, be witness
[sufficient].
All are admissible[152] as witnesses in cases of rape, theft[153]
defamation and personal trespass.[154]
73. The judge shall thus address the witnesses, as they come up to
the plaintiff and defendant:
The worlds appointed for criminals, for atrocious criminals;[155]
74. the worlds appointed for incendiaries, for murderers of women and
children--all these shall be the portion of him who gives false
testimony!
75. Know, that whatever good has been done by thee in a hundred
former births, all shall become his whom thou defeatest by
falsehood![156]
76. That man who withholds his testimony, the monarch shall compel to
pay, on the forty-sixth day, the entire debt, as well as a fine
equivalent to a tenth of the amount.
77. The lowminded man who, although he has knowledge (of the facts),
declines to give his testimony, is, in sin, on a par with false
witnesses; so is he, in his punishment.
78. In case of conflicting testimony, what is stated by the majority
(of the witnesses) must be credited; if the numbers be equal, then
those of the witnesses who are of distinguished qualities[157] must be
credited; if again, these are in contradiction, then the most
distinguished shall be credited.[158]
79. That party (to the suit) whose assertion the witnesses have
verified, succeeds; that one whose assertion the witnesses have
disproved, is defeated.
80. Although proof has been given by witnesses, yet, if others of more
distinguished qualities or in number twice as many give opposite
testimony, the first witnesses should be held as false ones.
81. As well they who suborn as they who give false testimony are to
be severally fined in double the value of the suit:[159] a bráhmaṇ,
in such case, shall be banished.[160]
82. [The witness] who, after he has been addressed[161] [by the judge,
yet] being blinded by passion, withholds his testimony,--he shall pay
eight times the [ordinary] fine: in case of a bráhmaṇ, he shall
suffer banishment.[162]
83. Should it happen that the testimony of a witness must occasion the
death of a person, whatever the cast of the latter,--the witness
shall, in such case, speak untruth.[163] For their purification [after
giving such false testimony] the twice-born must make oblation to
SARASWATI.[164]
84. If any settlement have been mutually come to [between debtor and
creditor], a written instrument should be drawn up before witnesses,
the first mention being of the creditor.
85. In it should be written the date, _viz._ year, month, half month,
day, also the name, cast, family, the Veda-school, and father's name,
of each party, &c.[165]
86. This being completed, the debtor shall subscribe with his
signature [a declaration, as follows]:--"What is written above, I, the
son of such an one, agree to."
87. Then the witnesses, all being equal in grade, shall, after their
fathers' names, write, with their own hands respectively: "I, such an
one, am a witness."
88. And the writer shall subscribe at the foot, as follows:--"This has
been written, at the request of both parties, by me, such an one, the
son of such an one."
89. An instrument, entirely in the handwriting of the party, is to be
received as proof, although it be not witnessed, unless procured by
violence or by fraud.[166]
90. Payment of a debt incurred upon a writing, is obligatory only upon
the debtor, his son, and grand-son;[167] but a pledge shall remain in
use so long as the debt is unpaid.
91. If the instrument be in a foreign country, be illegibly written,
be destroyed, faded, stolen, mutilated, burned, or torn, [the Court]
shall direct a new one to be made.
92. The authenticity of a written instrument which is doubtful, is to
be ascertained by [comparison with other] documents in the handwriting
of the party &c.,[168] by [enquiry into] the probability of its having
been obtained,[169] and [the mode of] its preparation, by [observation
of] any marks, by [enquiry of] the relation [in which the parties
stand to each other], and how the matter came about.
93. As often as the debtor makes a payment, either he shall write an
indorsement to that effect on the document, or the creditor shall give
a receipt under his hand.
94. When the debt is paid, [the debtor] shall cause the document to be
torn up, or shall have another prepared, _viz._ of discharge. If the
debt was incurred before witnesses, its payment should also be before
witnesses.[170]
95. The scales, fire, water, poison, the sacred draught--these are
the ordeals for exculpation,[171] in case of grave accusations, if the
accuser be prepared to pay a fine.
96. When it is agreed on; one of the parties shall perform [the
ordeal], the other be in readiness to pay the fine. Even without a
fine, there shall be trial by ordeal in case of treason or great
crime.
97. [The accused,] being summoned, shall, after bathing at sunrise and
fasting, be made to go through the several ordeals, in presence of the
monarch and the bráhmaṇs.
98. The scales are [the ordeal] for women, children, aged men, the
blind, the lame, bráhmaṇs, and those afflicted with disease. Fire
or water, or the seven barleycorns' weight of poison are [the ordeal]
for a Śúdrá.
99. For a less value than a thousand _paṇas_, one shall not go
through the ordeal of the [heated] iron plough-share, of poison, or of
the scales: but in case of offence against the monarch or great crime,
purifications[172] shall always be gone through.
100. When the accused has been placed in the scales by those who
understand the art of weighing, a counter-weight adjusted, and a line
drawn, he is then to be taken out [of the scales.]
101. "O scales! made by the gods, of old, the abode of truth:
therefore do ye, propitious ones, declare the truth and liberate me
from suspicion!
102. If I be an evil-doer, then bear me down, oh mother! If I be pure,
carry me upwards!" Thus shall he [who is to go through the ordeal]
invoke the scales.
103. The hands [of the accused] shall be inspected when rice has been
rubbed in them; after which, seven leaves of the Indian fig tree are
to be placed therein [_scil._ in his hands] and fastened round
successively with a thread.
104. "Thou, O fire, dwellest in all created things! O purifier, in
testimony of innocence and guilt, do thou, in my hand, make known the
truth!"
105. When he [who suffers the ordeal] has thus spoken, let a smooth
red hot iron ball, of fifty _palas_ weight, be placed upon both his
hands.
106. Carrying this, let him slowly walk across seven circles, of
sixteen fingers breadth diameter each, with an interval of the same
measure between each.
107. If, having thrown down the fireball, and being [again] rubbed
with rice, he [the accused] is unburnt, his purification is
accomplished. Should the ball during [the trial] fall down, or should
there be any doubt, he is to take [it] again.
108. "By the power of truth, O Varuṇa,[173] save me!" Thus invoking
the water, and grasping the thighs of a man standing in water up to
his navel, let him [who goes through this ordeal] submerge himself.
109. An arrow at the same instant shot [from the bow] a swift
footed-man shall [run and] fetch: should he, upon his return, see that
the body [of the accused] is still submerged, the latter is to be
exculpated.
110. "Thou, O poison, Brahmá's[174] son, art ordained for truth and
right; free me from the accusation, and be to me, by the power of
truth, a draught of immortality!"
111. Thus speaking, he shall eat of poison produced by the Sringa
tree, of the Himálaya. Whoever is able to digest this without evil
effect, shall be declared innocent.
112. Let the judge, adoring terrible deities, and taking of the water
in which [their images] have been bathed, adjure it, and cause [the
accused] to drink off three times the contents of his palms.
113. He to whom, within fourteen days from this [ordeal], no great
calamity happens, either from the monarch or by act of God, shall
without doubt be [held] guiltless.
114. A father when making partition [of his property], can divide it
among his sons as he pleases; either giving to the eldest the best
share or in such wise that all share equally.[175]
115. If he give equal shares, such of his wives as have not received
_stridhana_ from their husband or father-in-law shall also equally
share.[176]
116. If one have means, and do not desire [to share in the paternal
estate], he shall be separated, something trifling being given to
him.[177] A distribution by a father in smaller or larger shares, if
in accordance with the Śástras, is lawful.[178]
117. After decease of the parents, let the sons make equal division
of the property and of the debts.[179] And so the daughters, of what
is left of the mother's [_stridhana_], after [paying] her debts; and,
if there be no daughters, the sons or others of the family [being
heirs, take it].
118. What has been self-acquired by any one, as an increment, without
diminishing the paternal estate, likewise a gift from a friend or a
marriage-gift, does not belong to the coheirs.[180]
119. If one have recovered ancestral property which had been
purloined, he has not to give it up to the coheirs;[181] nor shall a
man share the earnings of science.[182]
120. If however the common property be augmented, equal division is
enjoined.[183] In making division among several grandsons, regard
should be had to the respective [portions of their deceased] fathers;
121. inasmuch as the ownership of father and son is co-equal in the
acquisitions of the grandfather, whether land, any settled income, or
moveables.
122. If a son be born of a wife of equal cast, after partition made,
he is to share; or a share may be allotted him from the estate as it
is, after allowing for income and expenditure.[184]
123. Whatever property may be given by the parents to any child,
shall belong to that child. If partition be made after the father's
death, the mother shall also have an equal share.[185]
124. Those of the brothers whose ritual ceremonies have not been
accomplished, shall have them completed by the others whose ritual is
gone through: so in like manner as to the ritual of sisters, [each of
the brethren] devoting a fourth part of his share.[186]
125. The sons of a bráhmaṇ, shall receive, according to their
[mother's] cast, four parts, or three, or two, or one: the sons of a
kshattriya [in like manner], three, or two, or one: and the sons of a
vaisyá, two, or one.[187]
126. Whatever, after partition has taken place, may be discovered to
have been wrongly appropriated by one of the sharers,[188] shall be
equally divided among them all: this is enjoined.
127. A son begotten by one who is without male issue, in obedience to
precept,[189] upon another man's wife, becomes by law heir to both,
and presents the death-oblations of both.[190]
128. (I) "An _aurasa_[191] son," is one born of a _dharma_[192] wife;
equal with him is
(II) "A daughter's son."[193]
(III) "A wife's son," is a son begotten by
a relative[194] [of the husband] or by another [duly authorised].
129 (iv) "A son of hidden birth," is one brought forth in private, in
the [husband's] dwelling.[195]
(v) "A girl's son," is one born of an unmarried girl;[196] he is
considered the son of the maternal grandfather.
130 (vi) "A son of the twice-married," is one born of a woman [by a
second marriage], whether she be [at the time of that marriage] a maid
or not.[197]
(vii) "A son by gift," is one who is made a gift of, either by his
father or his mother.[198]
131 (viii) "A son by purchase," is one sold by his parents.[199]
(ix) "A son made," is a son [born of parents deceased,] selected by
any one for himself.
(x) "A self-given son," is one who has given himself [as a son to
another.][200]
(xi) "A son with the bride," is one of whom the mother is already
pregnant [by another than her husband] when she marries.[201]
132 (xii) "A deserted son," is one adopted upon being forsaken [by his
own parents.[202]]
The first in order that there may be, of the sons above described,
shall present the oblation cake[203] and take the inheritance.[204]
133. Such is the rule enjoined by me for sons where there is equality
of cast. Even the son begotten by a Śúdrá, on a slave-woman, shall
have such share as [the father] may allot.[205]
134. [But if there be no partition till] after the father's death,
then the brothers [born in marriage] are to assign him half a share:
if there be no brothers nor daughters' sons, he then takes the whole.
135, 136. If a man depart this life without male issue; (i) his wife, (ii)
his daughters, (iii) his parents,[206] (iv) his brothers,[207] (v) the
sons of brothers,[208] (vi) others of the same _gotra_,[209] (vii) kindred
more remote,[210] (viii) a pupil, (ix) a fellow-student[211]--these succeed
to the inheritance; each class upon failure of the one preceding. This
rule applies to all the casts.
137. The heirs of a hermit, of a religious ascetic, of a professed
_brahmachári_,[212] are successively, the preceptor, the disciple, and
an associate dwelling in the same religious retreat.
138. One reunited[213] shall take the portion of his deceased reunited
co-sharer, and shall give it up to a [son, if one be afterwards]
born.[214] This is always so with uterine brothers.
139. A reunited half-brother shall take the property; not a
[separated] half-brother: but a [uterine brother] whether reunited or
not, shall take; this not being so with the half-brother.[215]
140. An impotent, an outcast as well as his son,[216] a cripple, a
madman, an idiot, one blind, one incurably diseased, and such
like,[217] are to be maintained, but do not share in the inheritance.
141. The _aurasa_ sons of those [disqualified] persons, also their
wives' sons,[218] if themselves free from defect,[219] succeed to
shares; and their daughters[220] are to be maintained until provided
with husbands.
142. [So] their childless wives shall be maintained, if of good
conduct; but shall be cast off, if of vicious habits, or of an evil
nature.[221]
143. What has been given [to a woman] by her father, her mother, her
husband, or her brother, or received by her before the nuptial fire,
or on occasion of her husband's marriage with another wife, and such
like,[222] is called _stridhana._
144. Gifts from her kindred, from the bridegroom [before marriage],
also subsequent gifts, descend to her own kindred, should she die
without issue.
145. The _stridhana_ of a wife dying without issue, who has been
married in one of the four forms of marriage designated _bráhma_
&c.,[223] belongs to the husband; if she have issue, then the
_stridhana_ goes to her daughters; should she have been married in
another form,[224] then her _stridhana_ goes to her parents.[225]
146. Whoso withholds his daughter,[226] after having promised to give
her [in marriage], shall be amerced, and shall reimburse all expenses
incurred with interest. If she die [after being affianced] he [_i. e._
the bridegroom] shall receive back what he has given, deduction being
made for the expenditure on both sides.
147. A husband need not return to his wife _stridhana_ appropriated by
him, during a famine, or in order to perform sacred rites,[227] or
when suffering from disease,[227] or when in prison.[227]
148. If he marry another wife, he shall give to the one he has, as a
consideration for superseding her, should she not already have
received _stridhana_, what is equivalent [to his gifts on the second
marriage]: but, should she have already received _stridhana_, then, it
is declared, [she is entitled to only] half the amount.[228]
149. If the fact of a partition be denied, the matter shall be
ascertained by [reference to] relatives, near or remote, witnesses,
and writings, also [by enquiry as to] separate possession of messuage
and land.[229]
150. When there is a dispute as to boundaries, the neighbours of the
[disputed] land, old men and the like,[230] cowherds, cultivators of
the soil close to the [disputed] boundary, and all whose business is
in forests--[231]
151.--these shall determine the boundaries, as they are indicated by
elevated ground, by charcoal [-remnants],[232] by husks,[233] by
trees, by a causeway, by ant-hills, by depressions of the soil, by
bones, by memorials,[234] and such like.[235]
152. Otherwise,[236] four, eight, or ten neighbours of the same
village, wearing a red wreath and red garments, and carrying earth,
shall settle the boundary.[237]
153. And if any falsehood be uttered, upon each one [speaking falsely]
the monarch shall impose the medium fine.[238]
In the absence of any persons having knowledge of the matter, and of
any indicatory signs, the monarch shall mark the boundary.[239]
154. The same rule applies to fruit-gardens, to out-houses, to
villages,[240] to wells or tanks, to pleasure-gardens, and to
dwellings, as well as to watercourses caused by the rain.[241]
155. If the boundary be broken, or be overstepped,[242] if a
field[243] be taken away; the lowest, the highest and the medium
fines shall be imposed.[244]
156. [Constructing] a useful dam, if it occasion but slight damage [to
individuals], is not to be prevented; nor is a well[245] which takes
from another's land, if having an abundant supply of water and not of
large extent.
157. If one construct a dam in a field, without notice to the owner
thereof, the right to use it, when complete, shall belong to the owner
of the field: if the field be without owner, then the user belongs to
the monarch.
158. Whoso fails to complete the cultivation of a field which he has
partially ploughed, shall be made to pay [to the landowner] the value
of the [expected] crop. He[246] shall complete the cultivation by
means of another.
159. If a female buffalo spoil corn,[247] [her owner] shall be fined
eight _máshas_,[248] if a cow, the half [of that sum]; if a goat or a
sheep, the half of the latter.
160. If, after having grazed, they repose there, the fine shall be
double what is above specified.
The same [rule applies] to land kept for pasture. An ass and a camel
are [in this respect] the same as a female buffalo.
161. There shall be an indemnity for the owner of the field equal in
value to the corn destroyed.[249] The herdsmen shall receive a
beating, but the cattle-owner be punished by fine, as before
mentioned.
162. No guilt attaches[250] [to the cattle-owner,] if the field[251]
be close to the public road, or to the village pasture lands,[252] and
he do not intend [the trespass]; if he do intend it, then he incurs
punishment as a thief.
163. A bull, cattle permitted to be at large,[253] a cow that has
recently calved, estrays,[254] and the like,[255] having no keeper or
brought there by accident or by act of the monarch, shall be let go
free.[256]
164. The herdsman shall, at the close of the day, give back the
cattle, in the same manner[257] as they were delivered to him: if he
be in receipt of wages, he shall replace such as have, through his
negligence, died or been lost.[258]
165. If loss accrue by fault of the herdsman, he shall be fined
thirteen _paṇas_ and a half, and shall make good the loss to the
owner.
166. Pasture-ground shall be allotted for cattle, such as the
villagers agree upon, or in proportion to the whole area of land, or
as the monarch wills.
A twice-born man may, in every place, appropriate as his own, grass,
fuel, and flowers.[259]
167. There shall be a space of one hundred _dhanus_[260] between a
_gráma_,[261] and the [surrounding] fields, of two hundred for a
_karvaṭa_,[261] of four hundred for a _nagara_.[261]
168. A man may seize any thing, belonging to himself, which another
has sold.[262] The purchaser incurs blame, if [he have bought]
secretly: and, if [he bought] from a low man,[263] with secrecy, for
a small price, and at an unusual hour, he is [to be accounted] a
thief.
169. If one obtain property [which he afterwards discovers to have
been] lost or stolen, he should cause the taker[264] of it to be
secured: should time or the place not permit of this being done, he
must himself restore the property [to its owner].
170. Upon his producing the seller, he [the possessor,] is himself
cleared: the owner takes the property, the monarch the fine, and the
[defrauded] purchaser the value from the seller.
171. [A claim to] property [as] lost,[265] is to be supported by proof
of acquisition[266] or of user: [the claimant,] if he fail, shall pay
to the monarch one-fifth of the value [of the property] as a fine.
172. Whoever takes [back] from the hand of a stranger what has been
stolen or lost [from himself] without informing the monarch, shall pay
a fine of ninety six _paṇas_.[267]
173. When lost or stolen property has been recovered by customs
officers or by the local police, the owner may claim it until one year
has elapsed;[268] after that time it goes to the monarch.
174. If it be a single-hoofed animal, the owner shall pay four
_paṇas_; if a man, five _paṇas_; if a buffalo, or a camel, or a
cow, two _paṇas_; if a goat or a sheep, the fourth part of a
_paṇa_.[269]
175.[270]Any property, other than women and children, may be given
away, if it be no detriment to the family--but not the whole property,
where there are children; nor any portion which has been already
promised to another.
176. The acceptance [of a gift] should be public, especially of
immovable property. Whatever may be lawfully given and is contracted
to be given, shall not, after gift, be resumed.
177. The time given for trial [on purchase] of seed, is ten days;[271]
of iron, one day; of beasts of burden, five days; of precious stones,
seven days; of women,[272] one month; of milch-cows, three days; of
men,[272] half a month.
178. By the action of fire, gold is not lessened in quantity: one
hundred _palas_[273] of silver thereby lose two _palas_; of tin, one
hundred _palas_ lose eight; lead and copper, out of one hundred
_palas_, lose five; iron, of one hundred _palas_, loses ten.[274]
179. One hundred _palas_ of wool or cotton when worked[275] are
increased by ten _palas_; if the thread be of middling fineness, the
increase is five _palas_; if very fine, three _palas._
180. In figured textures and in those made of hair, the loss is
estimated at one thirtieth part. In a texture of silk or of the bark
of trees, there is neither loss nor increase.
181. Whenever loss has been sustained, the artisan shall be
imperatively required to pay what competent judges award, after they
shall have investigated [circumstances, of] place, of time, of the
mode of using [the material], and its quality of strength or
lightness.[276]
182. One made a slave by compulsion, and one sold[277] [into slavery]
by robbers, are [entitled to be] set free; so also is [a slave] who
saves his master's life; also one who [having adopted servitude for a
living,] abandons his claim to maintenance; also one enslaved who pays
off what is due from him.[278]
183. One who, being a religious mendicant, forsakes that condition,
shall be, until death, the monarch's slave. Slavery must be in the
order of the casts, not inversely.[279]
184. Though an apprentice have attained a knowledge of his art,[280]
he shall [nevertheless] remain in his master's house for the
stipulated time, receiving from his master maintenance, and giving up
to him his earnings.[281]
185. The monarch shall erect in the city a mansion and shall settle
therein bráhmaṇs learned in the three Vedas, and endow them, giving
them injunction to discharge their duties.[282]
186. They shall diligently practise all observances stipulated
for[283] [in the endowment] which do not interfere with their personal
duties, also whatever other observances the monarch may enjoin.[284]
187. Whoso appropriates what belongs to the community or violates his
engagement [with the community], shall forfeit his property and be
banished the realm.[285]
188. The word of those who [are appointed to] superintend the
affairs[286] of the community must be obeyed by all [the members]: he
who acts in violation thereof shall be amerced in the first [_i. e._
lowest] fine.[287]
189. Those who have come [from other parts] upon the affairs of the
community shall, upon completion of the business, be dismissed by the
monarch, with gifts, with honour, and with hospitable entertainment.
190. An emissary upon the business of the community shall deliver up
whatever he has received [on their account]: if he fail to deliver
voluntarily, he shall be amerced eleven times the value [of what he
withholds].
191. They who have direction of the affairs of the community should be
such as know their duties,[288] are pure minded, and not covetous;
their word for the welfare of the community is to be followed.
192. What has just been enjoined is obligatory in like manner upon
communities of craftsmen, of traders, and of _páshaṇḍas._[289]
The monarch should preserve their distinctive character, and make
them respectively adhere to their original callings.[290]
193. If one, after receipt of wages, abandon his work, he shall pay
double the amount; if [he desert] when he has not received [his
wages], he shall pay a sum equal [to his wages].[291]
The implements shall be in charge of the workman.[292]
194. The monarch shall oblige him who gets work done without having
previously fixed the rate of hire, to pay a tenth part, [whether]
earnings in trade or [in care] of cattle, or [in cultivation] of corn.
195. A master[293] may treat as he thinks right one who disregards
time or place, or [so acts that he] prevents profit being earned.[294]
The more that is done, the more shall be given.
196. Where work [contracted for by two] cannot be proceeded with by
the two,[295] [the one who has to abandon the work] shall be paid
according to what he has performed; but, if practicable, the original
contract should be carried out.[296]
197. If goods [when in transport from place to place] be lost, the
carrier shall pay their value; except [the loss be] occasioned by the
monarch or by act of God. If he [who has contracted to transport
goods] cause them not to start on the journey, he shall be made to pay
twice the amount of his hire:
198. if he abandon [his charge] when at the outset of the journey, he
shall pay [a sum equal to] a seventh part [of the hire]; if, when he
has proceeded to some distance, a fourth part; if when half-way, the
entire amount of hire. The like [rule is to be observed] where [the
hirer] breaks [his contract].
199. If a professed gambler win at play [as much as] one hundred
[_paṇas_], he shall pay to the keeper of the house one-fifth:
others shall pay [the keeper] a tenth of their winnings.
200. The latter,[297] [in consideration of] having [royal] protection,
shall pay the portion stipulated to the monarch, shall make over all
stakes won to the winner, shall be true of speech, and forbearing.
201. The monarch shall enforce payment of winnings; [that is,] such as
are made in a place kept by a licensed gaming-house-master paying the
royal dues, among known players, meeting openly; in other cases, not.
202. They who manage suits [arising out of the games], also the
witnesses, are to be such persons as those last described.
If any one play with false dice or cheat, the monarch shall have him
branded and banished.
203. An overseer of the games should be appointed, who may thus become
familiar with [the persons of reputed] thieves.[298]
The like rules apply to wagers at fighting games, whether of men or
brutes.[299]
204. If any give abusive words to one deprived of a limb or an organ
of sense, or diseased, whether the words be true or untrue, or [in the
guise of] ironical praise,--he shall be fined thirteen _paṇas_ and
a half.[300]
205. The monarch shall compel one who uses such insulting language as,
"I will go to thy sister" or "to thy mother,"[301] to pay a fine of
twenty-five _paṇas._
206. Half [of this fine is to be imposed when the offensive words are]
to inferiors, double if to the wives of other men or to superiors. The
fine shall be regulated according to the higher or lower cast of the
parties.[302]
207. [Thus;] if the offence occurs, [where the parties are] in the
ascending line of cast, the fine shall be double or treble [as may
be]; if in the descending line, the fine shall be always lessened one
half.[303]
208. If injury be threatened to a person's arm, or neck or eyes or
thigh, the fine shall be one hundred _paṇas_; if to the foot or
nose or ear or hand, and the like,[304] half of that [fine].
209. If the threat be by one who has not the power [to carry out his
threat], he shall be fined ten _paṇas_; [the threatener] who has
the power shall be, in addition, compelled to give surety for the
safety of the person [threatened].
210. For abuse by imputation of a crime which would entail loss of
cast, the middle fine [shall be exacted]; if of a lesser crime, the
lowest fine.
211. If the abuse be directed against one conversant with the three
Vedas, against the monarch, or against the gods, the highest fine [is
incurred]; if against a whole cast or a community, the middle fine; if
against a village or the realm, the lowest fine.
212. If a person be beaten without witnesses, the case shall be tried
by marks, probabilities and public report; not however without some
suspicion that the marks may have been falsely contrived.
213. For [defiling by] touching with ashes, mud, or dust, a fine is fixed
of ten _paṇas_; for [defiling by] touching with impurities,[305] _scil._
of the heel or of the saliva, double [that fine]:
214. that is, if the parties be on an equality. If [the offence be]
against other men's wives, or against superiors, [then the penalty is]
double; if against inferiors, the half. Should [the aggressors] be
insane or intoxicated or the like, there shall not be punishment.
215. Should a limb of one not a bráhmaṇ occasion pain to a
bráhmaṇ, it shall be cut off. If [a weapon] be raised [against one
of inferior cast],[306] the lowest fine [is to be paid]; if the weapon
be merely handled, then the fine shall be half.[307]
216. But should a hand or a foot be raised, the fine shall be
[respectively] ten and twenty _paṇas._ People, however, of any
[cast, who lift] weapons against their cast-fellows shall pay the
middle fine.
217. For pulling a person by the foot, by the hair, by the clothing,
or by the hand, the fine is ten _paṇas_: for inflicting pain by
dragging about or by violent handling of the clothes, and for putting
the foot upon a person, [the fine is] a hundred _paṇas._
218. He who beats with a stick or the like, short of effusion of
blood, shall pay a fine of thirty-two _paṇas_; if blood appear, the
fine is double[308]
219. For damaging a hand, a foot, or a tooth, and for cutting the ears
or the nose, there is the middle fine: the same for rending open a
wound, or for beating a person till he be as one lifeless.
220. For beating [one so that he] cannot stir, or [so that he cannot]
eat, or [so that he cannot] speak, for destroying an eye and the
like,[309] for breaking a neck, an arm, or a thigh, [there shall be]
the middle fine.[310]
221. If several unite in beating one person, the fine shall be
double[311] that prescribed; whatever property be taken away in the
struggle shall be restored, and, in addition, the double fine
[imposed].
222. Whoever causes pain to another [by any such means] shall be made
to pay the expense of the cure, as well as the regulated fine for the
fray.[312]
223. He who batters, rends, breaks or pulls down a wall, shall be made
to pay a fine of five, ten or twenty _paṇas_ besides the value.
224. He who casts into a dwelling house any thing hurtful or
destructive of life, shall be made to pay, for the first a fine of
sixteen _paṇas_, for the second the middle fine.
225. For injury to the smaller sort of cattle, or for shedding their
blood, for lopping one of their horns or the like[313] or one of their
limbs, one shall pay a fine of two and a half _paṇas_ and upwards.
226. For cutting off the male privy member [of such cattle], or
slaying [one], the middle fine, as well as the value [of the animal],
shall be paid. For the larger cattle in such cases the fine is
double.[314]
227. For cutting down branches, or the trunk, or the entire tree,[315]
of such as re-produce [after mutilation], [also for similar injuries]
to trees which supply food,[316] the fine shall be doubled
progressively up from twenty _paṇas_:[317]
228. should the trees be growing where there are memorial erections,
or in places for disposal of the dead, or on boundary lines, or in
holy places, or in a temple, a double fine [shall be levied]; so, for
any famous tree.[318]
229. For cutting brushwood, grasses, shrubs, climbing plants,
ground-spreading creepers, annuals, and herbs, at the places above
mentioned, half of the fine is ordained.
230. Forcibly taking away [any thing, though it be] public property,
is _sáhasa_;[319] the fine for it is double the value [of the
property]. [If the crime be,] on denial, [proved,] then, four times
the value.
231. He who instigates the commission of _sáhasa_, shall pay a double
fine, and four-fold if he instigate by promise of reward.
232. He who rails at a venerable person,[320] or who disobeys such an
one, he who maltreats his brother's wife,[321] he who fails to give
that which he has promised, he who forces a dwelling-house with a seal
upon it,[322]
233. he who does harm to his neighbour, or to his kindred, and such
like[323]--each of these shall be fined fifty _paṇas_. So is it
enjoined.
234. He who, [on the impulse] of his own will [merely], goes to a
widow,[324] he who, when there is a cry for help, does not haste [to
render it], he who reviles without cause, a _chandála_[325] who
touches one of higher cast,
235. he who, when making an oblation to the gods or to ancestors,
feeds Śúdrás, or _pravrájikas_,[326] he who swears an improper
oath, or who does what he has no title to do,[327]
236. he who emasculates a bull or smaller animal, who embezzles common
property, who destroys the embryo of a female slave,
237. and, among fathers and sons, sisters and brothers, husbands and
wives, teachers and disciples, if either desert the other, [he or she]
not being an outcast--[in these several instances,] the fine is a
hundred _paṇas_.[328]
238. A washerman who wears another's dress shall be fined three
_paṇas_; if he sell, let out, pledge, or, when importuned [give it
away],[329] ten _paṇas._
239. If, when father and son quarrel, one volunteer to be a
witness,[330] the fine is three _paṇas_; but, if [on such an
occasion] one offer himself as surety,[331] he shall be fined
eight-fold.
240. Whoever falsifies scales, or a royal order, or a measure,[332] or
a coin,[333] likewise whoever [knowingly] uses them [so falsified],
shall be made to pay the highest fine.[334]
241. A tryer of coin who pronounces a false one to be genuine or a
genuine one to be false, shall be made to pay the highest fine.
242. One who falsely sets himself up as a physician,[335] shall, [for
his malpractice,] if brutes be concerned, pay the first fine--if
mankind, the middle fine--but, if royal officers, the highest fine.
243. Whoso imprisons one not deserving of imprisonment,[336] or
releases one found worthy of imprisonment or pending his trial,[337]
shall pay the highest fine.
244. He who, in measurement, or [use of] the scales, defrauds [to the
extent] of an eighth, shall be made to pay a fine of two hundred
_paṇas_, and thus proportionably for a more or less quantity.
245. He who adulterates[338] medicine, or oily commodities, or salt,
or perfumes, or corn, or sugar, or other saleable articles, shall be
fined sixteen _paṇas._
246. For making one sort of article to appear to be of another sort,
whether it be earthen goods, or skins, or precious stones, or threads,
or corn, or wood, or bark of trees, or clothes, a fine [is ordained
of] eight-fold the purchase money.
247. For him who changes a covered basket,[339] or who gives in pledge
or sells counterfeit drugs in a wrapper,[340] the fines prescribed
are,
248. where [the value is] below a _paṇa_ fifty _paṇas_, where
[it amounts to] a _paṇa_ one hundred _paṇas_, where to two
_paṇas_ two hundred _paṇas_: with increase of value the fine
increases.
249. The highest fine is imposed on those who, [although] aware of the
rise or fall in prices, combine, to the prejudice of labourers and
artists, to create a price [of their own].
250. For traders who combine, by [arbitrarily fixing] an improper
price, to impede [the traffic in] any commodity, or to make [an
injurious] sale of it,[341] the highest fine is ordained.
251. The price in [transactions of] sale and purchase, daily, is
regulated by the monarch;[342] the difference[343] is declared to be
the traders' profit.
252. On goods of his own country let a trader clear a profit of five
per cent., and ten per cent. on those of another country; provided he
make prompt sale of his purchase.
253. [The monarch] is to determine the price, in unison with the
wishes of both purchaser and seller; first adding to the cost of the
article the expense of bringing it to the market.[344]
254. He who, having received the price of any commodity, fails to
deliver it to the buyer, shall be compelled to deliver the article,
together with damages [for the detention]; and should the buyer be
from foreign parts, then, the foreign profit [shall be added].
255. There may be a re-sale of goods sold, if the original buyer will
not receive them. If loss arise from misconduct of the buyer, he shall
bear it.
256. Whatever damage may befal goods by [act of] the monarch, or by
accident, shall be the loss of the seller,[345] where he has failed to
make delivery on demand.
257. If a person re-sell that which has been sold to another, or sell,
as sound, a damaged article; [in either case] the fine shall be double
the value [of the article sold].
258. A trader who makes a purchase in ignorance of the rise and fall
of prices, must not recede from his bargain; if he do, he shall be
fined a sixth [of the price].
259. Traders who carry on business jointly, for profit, shall share
the profits and losses, either in proportion to the capital [brought
in by each], or according to the contract between them.[346]
260. [A joint trader] who occasions loss [to the partnership] by
[engaging in] something which his partner has either prohibited or not
sanctioned, or by any negligence, shall make it good: if [on the other
hand by his personal exertion] he preserve anything [of the
partnership property] from loss, he shall have the tenth of it.[347]
261. The monarch, for fixing the prices, should receive a duty of a
twentieth.[348]
If an article of which the sale is prohibited, or one fitting for the
monarch[349] [to possess], be sold [without the royal license], it
shall be forfeited to the Crown.[350]
262. Whoever declares false weight, or avoids the place where custom
is levied, shall be made to pay eight-fold; so he who fraudulently
buys or sells.[351]
263. A ferryman levying [toll as though for] land-duties, shall be
made to pay a fine of ten _paṇas_.[352]
The same fine is ordained for omission to send invitations to
bráhmaṇs of the neighbourhood.[353]
264. On the death of one departed to a foreign country, his male
offspring, his maternal kindred, or those more remotely related, shall
take the property: in their default, the monarch [succeeds].
265. Let the partners of a man who acts dishonestly exclude him from
any share of the profits. Let him who is disabled [to act personally
in the partnership business] act by the agency of another. Thus too it
is enjoined for [associations of] priests[354] farmers, and craftsmen.
266. Capture of a thief by the officer is warranted by [his possession
of] the property stolen, or by traces of him, also by his having been
an offender previously, or his being an inmate of a house of ill
repute.
267. And others there are who may be arrested on suspicion, _viz._,
such as conceal their caste, name, &c., also those addicted to
gambling, to women, and to drinking, and such as have [betrayed
themselves by] a parched mouth in speaking, or a stammering voice;
268. those, moreover, who are inquisitive about others' goods and
houses, or who put on a disguise, or who expend [lavishly] although
they have no [ostensible] income, or who sell things that have been in
use.
269. If one arrested on suspicion of theft do not clear himself, he is
to be punished as a thief, being first compelled to make good the
property stolen.
270. [The monarch] should compel the thief to make restitution of the
stolen articles, and subject him to [such of] the different corporeal
inflictions [as may be proper]: a bráhmaṇ [who is a thief] he shall
brand and banish the realm.
271. When a murder or theft has occurred, and [the criminal] is not
traced beyond the village, blame falls on the village governor; if [he
be traced] to the public road, blame falls on the governor of the
district; if traced out of the district, the officer charged with
pursuit of criminals shall be to blame.
272. The village within whose boundary [the crime is perpetrated]
shall pay; or [that village shall pay] to which track [of the
criminal] leads; so, if the track lead to a place within a
_krôsh_[355] skirting five villages [all shall pay]; so of ten
villages.
273. House-breakers,[356] they who steal horses or elephants,
murderers by open violence--such shall be impaled.
274. He who purloins [apparel, &c.[357]] shall have a hand cut off;
cut-purses,[358] shall have the thumb and fore-finger cut off; for a
second offence, a hand and a foot shall be cut off.
275. For theft of goods of trifling, of medium, and of the highest
value,[359] the penalty to be inflicted is proportioned to the value
of what is stolen. In its determination, place, time, age, and
ability, are to be considered.[360]
276. One who knowingly supplies a thief or a murderer with food,
shelter, fire, water, counsel, implements, or money, incurs the
highest fine.[361]
277. For wounding with weapons, and for causing abortion, the highest
fine is ordained; the highest or the lowest for killing a man or a
woman.
278. A woman incorrigibly wicked, one who has slain a man, one who has
destroyed dams,[362] shall, unless she be in a state of pregnancy, be
thrown into [deep] water with a [heavy] stone tied to her.
279. A woman who is a poisoner, or an incendiary, one who has slain
her husband, her _guru_, or her child, shall be put to death by bulls,
her ears, hands, nose, and lips being cut off.[363]
280. If a man be slain, and it be not known who did the deed, his
sons, kindred, wives, also women who are in habits of illicit
intercourse, are to be separately and without delay questioned,--as
to, whether any quarrel has occurred,
281. whether the deceased was addicted to women, or fond of what is
costly, or seeking gain,[364] also with whom he had gone--or, the
people in the neighbourhood of the place where the murder occurred
shall be examined, by gentle means.
282. Incendiaries of fields, houses, forests, villages,
pasture-grounds or granaries, also one who has intercourse with the
wife of the king, are to be burned in a straw-fire.
283. A man is to be apprehended for adultery, if [found] with another
man's wife in mutual grasping of hair or with recent love-marks, or
when both admit [their fault],
284. or [if the man be found] toying with her girdle, with her
breasts, her upper garment, her thigh, or her hair, or conversing with
her at an unfitting place or hour, or on the same spot with her.[365]
285. The wife, if [so acting] after express prohibition, shall pay one
hundred _paṇas_ fine; the man, two hundred _paṇas_: if both have
been expressly prohibited [so demeaning themselves], their punishment
shall be the same as for adultery.[366]
286. For adultery with a woman of equal cast, a man incurs the highest
fine; with a woman of lower cast, the middle fine; with a woman of
higher cast, [the penalty is] death,[367] and the woman is to have her
ears, &c.[368] cut off.
287. If one make off with a virgin decked out [for the bridal], he
shall pay the highest fine; if she be not so circumstanced, then the
lowest fine. Thus it is, if the virgin be of equal cast: if she be of
higher cast, [the penalty of] death is ordained.
288. In the case of a virgin consenting and of inferior cast, no
offence [is committed]; otherwise, there is a fine.[369] For ravishing
her, the man's hand shall be cut off: if the virgin be of the highest
cast, [the penalty is] death.
289. Whoso speaks disparagingly of a woman shall forfeit one hundred
_paṇas_; but, two hundred, one who brings a false charge against [a
woman]. Whoso has carnal knowledge of a brute animal shall forfeit one
hundred _paṇas_; if of a lowest cast woman[370] or of a cow, the
middle fine.
290. If a man[371] have carnal intercourse with female slaves or
servants, or even with common women, [such slaves, &c.] being kept [by
those to whom they belong] secluded,[372] he shall pay a fine of fifty
_paṇas._
291. For forcing a female slave,[373] it is written, there shall be a
fine of ten _paṇas_; if many [men so] attack one slave, each one
shall pay twenty-four _paṇas._
292. A public woman who refuses after taking her hire, shall forfeit
twice the amount; so, if the man [decline after contracting, yet] he
shall pay.
293. Whoso knows a woman unnaturally, or voids his water upon a man,
also one who has carnal knowledge of a female mendicant, shall be
fined twenty-four _paṇas._
294. [The monarch] shall banish him who goes to a woman of the lowest
grade, having branded him with dishonoring emblems: if a Śúdrá so
act, he shall be [classed among] the lowest. Death shall be to the man
of lowest grade who goes to a respectable woman.
295. Whoso fabricates a royal grant,[374] be it for much or little, or
sets free one who has kidnapped a woman, shall pay the highest fine.
296. One who brings dishonor to a bráhmaṇ by giving as food what is
unfit to be eaten, is amenable to the highest fine; if to a
kshattriya, the medium fine; if to a vaisyá, the lowest fine; if to
Śúdrá, half the lowest.
297. If one trade with counterfeit gold, or sell tainted meat; three
of his members[375] shall be amputated, and he shall pay the highest
fine.
298. Damage caused by four-footed animals shall not be borne by their
owner, if he have given warning to clear the way: so, with regard to
wood, earth, arrows, stones, a man's arm, or any yoked animals.
299. If death be caused by a vehicle through the breaking of the
[animal's] nose-bridle, or through breaking of the yoke, or the like,
or from its running backwards, the owner is [to be held]
blameless.[376]
300. If the owner of biting or horned animals do not, although able,
rescue [a person attacked], he shall pay the lowest fine: but, if
there was a cry for help, then, double that fine.
301. He who calls an adulterer, 'thief,' shall be made to pay a fine
of five hundred _paṇas_: whoever releases such an one, being bribed
thereto,[377] shall be made to pay eight-fold the amount [of the
bribe].[378]
302. Whoso speaks what is offensive to the monarch, or reproaches the
monarch, or divulges the monarch's counsel, shall have his tongue
excised and be banished.
303. Whoso makes sale of garments [used to wrap] the dead, or strikes
his _guru_, or seats himself on the vehicle or on the seat of the
monarch, shall pay the highest fine.
304. Whoso beats out both [a person's] eyes, a bearer of odious
tidings to the monarch, also a Śúdrá holding himself out as a
bráhmaṇ,--[each of these] shall be fined eight hundred _paṇas_.
305. Such law suits as have been decided unrighteously shall be
re-investigated by the monarch: [in case of reversal of the judgment]
the judges and the winning party shall be amerced in double the amount
of the fine decreed in the suit.
306. Should one defeated on the contest of his suit represent as
though he were not defeated, he shall, when he comes [again to urge
his suit, besides] being re-defeated, be fined double.
307. Should the monarch have inflicted any fine unjustly, he shall
himself, after making invocation to Varuṇa,[379] present thirty
times the amount [of the fine] to bráhmaṇs.
FOOTNOTES:
[Footnote 43: Various terms are used by our author to denote the head
of the State (_e.g._ Rájá, Protector of men, Lord of men, &c.) to suit
the metre or fancifully. In translation we have thought it better to
be uniform.]
[Footnote 44: What is understood by science is explained in the first
book sl. 3.]
[Footnote 45: Manu, ch. 8, sl. 9.]
[Footnote 46: The original is, _smriti ádi_ (the second word being
equivalent to &c.), which the Commentator explains, as translated, law
and usage, or custom.]
[Footnote 47: The &c. signifies, description of chattels, with their
number, also particulars of place and time. (_M._)]
[Footnote 48: The Commentator has enabled us to supply the ellipsis,
but he does not fully explain the author's meaning. It would seem,
that in those primitive times, it was considered harsh or inexpedient
to harass a defendant, or accused person with two legal proceedings,
of any sort, at the same time. The sentence will, however, bear the
sense, that no stranger or intervener shall be permitted to come in
and interrupt the progress of a pending suit.]
[Footnote 49: The Commentator, observing that this prohibition would
seem to be implied in the terms of the sixth sloka, explains (on the
authority of Nárada) that the latter refers only to the general object
of the suit, _e.g._, that if his verbal complaint be of a loan of
money, his recorded complaint shall not be of a loan of apparel--but
that this clause, in the ninth sloka, ensures further uniformity in
the description of the grievance and character of the suit, _e.g._,
where one has originally complained of retention of 100 pieces of
money lent, he shall not vary his complaint to a forcible taking of
100 pieces.]
[Footnote 50: These are expressed by one word, _kalaha_: but the
Commentator notes its comprehensive character, as we have translated
it. See the analogous passage in Manu, ch. 8, sl. 6, where an equally
ambiguous word _párushya_ is similarly explained in the text itself.
The term rendered "slander" by Sir Wm. Jones is simply, reviling or
verbal abuse.]
[Footnote 51: _sáhasa_, explained by the Commentator, assault by means
of poison, or any instrument destructive of life. The word has another
and more particular signification, as infra sl. 230.]
[Footnote 52: Manu (ch. 8, sl. 59) inflicts a fine of double the debt
upon the mendacious debtor.]
[Footnote 53: _párushya_, explained by the Commentator _kalaha_: see
note [50].]
[Footnote 54: We have followed the Commentator in rendering these
terms, which are very general and indefinite.]
[Footnote 55: _i. e._ restlessly before the Court.]
[Footnote 56: Manu ch. 8, sl. 25, 26.]
[Footnote 57: ibid, sl. 55, 56.]
[Footnote 58: Literally "put down," _i. e._ taken for granted, all
question of it disposed of. See next note.]
[Footnote 59: This sloka is by no means unambiguous: but it is
satisfactorily explained by the Commentator, who says: "What course is
to be adopted where two parties simultaneously present themselves to
the Court and tender proofs? _e.g._ A man acquired a field by gift,
and, having for some time possessed it, departed with his family to
another country: then, another person obtained a gift of the same
field, and, having possessed it awhile, was likewise obliged to go to
another country. Both parties return at the same time, claim the same
field, and resort to a Court of law. Then arises the question,--whose
proofs shall be taken? Yájnavalkya says (ut supra sl. 17); that is to
say, where one sets up an older title, saying--I was possessed of this
field at such a date--his witnesses are the first to be examined; but
should the other party urge--True, the field was acquired and enjoyed
by him at the first, but the king bought it of him and granted it to
me--or--Another got the field and gave it to me; in that case, as the
proofs of him who has the older title are of no consequence, and thus
he is disposed of, the witnesses of the other claimant are to be
examined. It is incorrect [to read the sloka as asserting] that, where
there is a denial [of a claim] the witnesses of the plaintiff shall be
examined, and where a former judgment or something as a ground of
defence is set up, in [either of] which cases the original claim is
met, then the witnesses of the defendant shall be heard; inasmuch as
all this is included in the rule,--(here the Commentator quotes the
7th sloka of the text). This view is clearly supported by Nárada,
_viz._ On a denial, proof is upon the plaintiff; where some ground of
defence is stated, upon the defendant; upon an allegation of prior
decree, the decree shall be the proof.--After this Nárada
proceeds:--When there are two claimants, if there be witnesses, the
witnesses of the prior claimant shall be [first examined]--So we
perceive, this [description of] law-suit is distinguished from all
others." These quotations favor the supposition, that the science of
special-pleading is not of European origin, and is traceable to a
remote antiquity.]
[Footnote 60: Supra sl. 11.]
[Footnote 61: _e.g._ that the defendant has got possession of gold and
silver and apparel, &c. (_M._)]
[Footnote 62: Supra, sl. 6. The Commentator excludes from the
operation of the harsh rule in this 20th sloka, an heir, who is
supposed to deny his ancestor's debt or liability through ignorance;
but he attempts to justify the rule itself by experience of human
conduct.]
[Footnote 63: This Śástra teaches a system or science of ethics
such as moralists now-a-days designate as Machiavellian or jesuitical;
in which right or wrong have a relative but little intrinsic meaning.
The Artha Śástra is to be found in the writings of Uśanas, of
Brihaspati and others.]
[Footnote 64: A special-pleading signification is given to this dogma
by the Commentator: _viz._
"In questions of debt, &c., though the prior act have been proved, yet
a second act may be more important; _e.g._ if one prove that another
by borrowing has incurred debt, and the other prove that the money
borrowed has been repaid." (_M._)]
[Footnote 65: The word in the original is, acceptance: but this is
evidently used as the concluding act of the transaction referred to,
_scil._ gift.]
[Footnote 66: _e.g._ if one, for a consideration, pledge a field to
another, and then pledge the same field to some one else, also for a
consideration--the first act is the valid one. (_M._)]
[Footnote 67: Sir Wm. Jones and other learned persons would seem to
have restricted the term here used (_pashyati_) to personal knowledge
by sight; but it comprehends every mode of personal and actual
observation or discovery.]
[Footnote 68: who has no legal connection with it. (_M._)]
[Footnote 69: The Commentator quotes Nárada, _scil._ "The guilty one
who holds possession without title, for even many hundred years,
should be punished by the monarch as a thief"--and he endeavours to
reconcile with this the law of Yájnavalkya, by confining the latter to
the fruits or profits of the land withheld. But this construction
cannot be admitted. There is a curious document germane to the subject
of this sloka copied in the official notes of Sir Robert Chambers
(Chief Justice of the Calcutta Supreme Court) in July 1791. It is a
letter from Sir William Jones to the Governor of Bombay upon the Hindu
title by adverse possession or prescription. Sir William writes, that
the doctrine of the Mitákshará is; "An absolute property may be
acquired in land by continued and undisputed possession for twenty
years, in the presence of the owner, provided that the possessor came
in by a fair title, either by descent or purchase; if he had no fair
title, the intermediate profits only are irrecoverable, but the
property is not lost." And he concludes; "I only add for your further
satisfaction, that, if three descents have happened since the first
possession, without a fair title, property is lost, even though the
owner was absent; but if three descents have not been cast, an adverse
possession for a hundred years gives an absolute property in the land
to the possessor, unless the owner was under some legal disability."
These may have been the modifications of a later age: they are not to
be found in Manu or in Yájnavalkya. Manu ch. 8, sl. 147, &c.]
[Footnote 70: any thing delivered for safe-keeping, its quality and
quantity being made known. (_M._)]
[Footnote 71: explained infra, sloka 65.]
[Footnote 72: The word literally or usually means "takes away"; and
the Commentator explains--where a pledgee retains and refuses to give
back the pledge, relying upon his long possession. The &c. refers to
the other exceptions in sloka 25.]
[Footnote 73: The Commentator considers the force and intent of this
qualification to be, to make the fine commensurate with the usurper's
means, with a view rather of enhancing it to the wealthy than of
moderating it to the poor, who are perhaps less likely to offend in
this wise.]
[Footnote 74: gift, sale, &c. (_M._)]
[Footnote 75: as proof of ownership, (_M._) Manu, ch. 8, sl. 200.]
[Footnote 76: for three generations. (_M._)]
[Footnote 77: Possession is proof when attended with five incidents; a
title, length of time, continuance, absence of counter-claim,
knowledge of the adverse party. (_M._)]
[Footnote 78: This qualification is the Commentator's.]
[Footnote 79: Between this and the succeeding sloka another is
introduced in the text of the Calcutta edition; _viz._ Possession
accompanied by a clear title is proof; possession unaccompanied by a
clear title is no proof.--We have omitted this, because the
Commentator quotes it as a saying of Nárada, and because it is not
found (as vouched by professor Stenzler) in either of the M.S.S. in
the Berlin Royal Library.]
[Footnote 80: _scil._ as directed in sloka 2.]
[Footnote 81: By a community (_puga_) is meant, the body of
inhabitants of any village or place, without reference to cast or
occupation. (_M._)]
[Footnote 82: A guild (_sreni_) signifies those of one calling,
whether of the same cast or not. (_M._)]
[Footnote 83: Literally "before, before," which implies their
successive rank and importance, _i. e._ that an appeal lies from the
family to the guild, and so on.]
[Footnote 84: Literally "outside." The Commentator explains
it--outside of the town, &c.]
[Footnote 85: _ártta_ out of health; evidently meaning here, the
victim of disease so as to be unfit for the business of life.]
[Footnote 86: The word (_vyasani_) may also be rendered, suffering
calamity; and the Commentator explains the use made of it in the text
to be, a person who is unhappy either by reason of the absence of the
object of his desire or by reason of the presence of what is
disagreeable to him. We have however preferred the alternative meaning
which the word admits of.]
[Footnote 87: &c., _i. e._ paralysed by any cause or emotion whatever.
See Manu, ch. 8, sl. 163.]
[Footnote 88: by public officers and delivered to the king. (_M._)]
[Footnote 89: The Commentator considers the treasure-trove here
alluded to, to be buried wealth, of which there is no claimant.]
[Footnote 90: Manu, ch. 8, sl. 37, 38.]
[Footnote 91: The Commentator explains--of the whole world!]
[Footnote 92: _i. e._ by any other than the monarch or a _learned_
bráhmaṇ. (_M._)]
[Footnote 93: The Commentator (referring to Vaśishṭha and Gautama)
reads this,--the finder shall take a sixth, the monarch the
residue--such being the converse of the plain language used.]
[Footnote 94: Manu ch. 8, sl. 40: in which, to the monarch who fails
to make restitution is imputed the guilt of the thief. Sir Wm. Jones'
translation of this passage is too indefinite.]
[Footnote 95: _i. e._ The bráhmaṇ borrower gives two hundredths,
the kshattriya three hundredths, &c. (_M._) But Jagannát'ha, in his
Digest (Colebrooke, B. 1, c. 1, s. 28) interprets the text inversely,
_viz._ the bráhmaṇ creditor takes two _suvarṇas_ in a hundred, the
kshattriya three, and so on. Manu, ch. 8, sl. 140-142.]
[Footnote 96: where there is risk of life or property. (_M._)]
[Footnote 97: as well bráhmaṇs as others, (_M._) Manu ch. 8, sl.
157.]
[Footnote 98: _scil._ Notwithstanding the above provisions of the law,
where nothing is expressly stipulated, whatever interest is contracted
for must be given and taken.]
[Footnote 99: oil, ghee, &c. (_M._)]
[Footnote 100: Manu enumerates five modes of enforcing or recovering a
debt; persuasion, law-suits, artifice, worrying, force: ch. 8, sl.
49.]
[Footnote 101: as a fine. (_M._)]
[Footnote 102: to defray the cost of adjudication. (_M._)]
[Footnote 103: This includes one of equal cast (_M._) Manu ch. 8, sl.
177; also ch. 9, sl. 229.]
[Footnote 104: in conformity with the usages of his class. (_M._)]
[Footnote 105: This includes every debtor of superior cast to the
creditor. (_M._)]
[Footnote 106: This rule of course (as observed by the Commentator)
includes the head or manager of the family himself, if alive. Manu,
ch. 8, sl. 166.]
[Footnote 107: for drinking. (_M._)]
[Footnote 108: _e.g._ what is promised to a flatterer, a mountebank, a
panegyrist, a prize-fighter, &c. (_M._) Manu ch. 8, sl. 159.]
[Footnote 109: The Commentator explains this to mean, an
acknowledgment by the husband on his death-bed or when about to go
abroad.]
[Footnote 110: Colebrooke's translation of this passage adds "or son,"
but this is unauthorised either by the text or the Commentary.]
[Footnote 111: The Commentator adduces in illustration, his being
afflicted with incurable disease.]
[Footnote 112: and this, notwithstanding they are wholly without
patrimony or estate derived from their father. (_M._)]
[Footnote 113: that there is such a debt.]
[Footnote 114: capable of inheriting and managing. (_M._)]
[Footnote 115: _i. e._ marries.]
[Footnote 116: This is the reading sanctioned by the Commentator,
_viz._ _putro' nanya'sritadravyah_, signifying, that, on failure of
those before designated, a son who would be otherwise incapable, by
reason of blindness, &c. is to be deemed capable. Another reading may
be, as suggested by the Commentator, _putro nú'aya'sritadraoyah_, "not
the son whose paternal estate another holds," which is adopted by
Colebrooke, and by his author, Jagannát'ha, (Dig. B. 1, ch. 5, s.
171)]
[Footnote 117: _e.g._ "Give such a one money, he will not deceive you;
he is the son of such a one." (_M._)]
[Footnote 118: "If he do not pay, I will." (_M._)]
[Footnote 119: Manu ch. 8, sl. 160-162.]
[Footnote 120: metaphorically in the original "If all stand under the
same shade:" The Commentator explains.]
[Footnote 121: lit. "publicly."]
[Footnote 122: as of a field, garden, &c. (_M._) Manu, ch. 8, sl.
143.]
[Footnote 123: fire, water, &c. (_M._)]
[Footnote 124: The Commentator excludes from this exception a culpable
act of the monarch, but the text is general.]
[Footnote 125: Even though there be a written memorial of the pledge,
and attested; yet, without actual acceptance and possession, it is
incomplete. (_M._)]
[Footnote 126: _charitrabandhakam. charitra_ (the mode or the subject
of pledge) is defined by the Commentator to be either, moral worth,
or, the merit earned by performance of religious rites, such as
ablution in the Ganges, &c. We have rendered it as the mode, not
subject, of pledge. See Jagannát'ha's Digest (Colebrooke), Bk. 1, ch.
3, sec. 2, text cxxiv.]
[Footnote 127: Receiving on one's plighted word (_satyankára_)
signifies, borrowing on a solemn promise to repay. The application
is,--where, at the time of handing over the pledge, it was expressly
declared by the debtor, that the loan should be repaid, even if
increased to two-fold the original sum, and the pledge not abandoned;
in such case also, the debtor should be made to repay twice the amount
of the debt contracted.(_M._)
The Commentator adds another meaning or application of the latter
words of this sloka, in which, reciting the first part, _viz._,
pledging upon the guarantee of character, or, a pledge of religious
merit, he goes on to say--It is here laid down, that one who receives
on his word, _scil._ words ratifying a bargain of sale and purchase,
&c., for instance, receiving a gold ring, &c., as earnest, shall be
made to repay twice the value of the thing so given, on breach of the
contract: if the party depositing the ring, &c., break off the
bargain, he forfeits what he gave as earnest; if the other party break
off, he is to be compelled to refund double the value of the earnest
received by him.]
[Footnote 128: punishable as a thief. (_M._)]
[Footnote 129: to one of the family who is a fit person. (_M._)]
[Footnote 130: The Commentator implies, that where the usufruct has
done more than this, still the transaction is closed by return of the
pledge.]
[Footnote 131: Manu, ch. 8, sl. 180.]
[Footnote 132:90 ibid, sl. 189.]
[Footnote 133: _yáchita_, _e.g._ ornaments, clothes, &c. lent on
occasion of festivals. (_M._)]
[Footnote 134: _anváhita._ We have followed the Commentator in
translating this indefinite term.]
[Footnote 135: This qualification too is the Commentator's. The term
used _nyása_ is simply, a deposit.]
[Footnote 136: which are those given in the presence of (_i. e._
personally to) the depositee. (_M._)]
[Footnote 137: such as gold &c. given to be worked (_M._)]
[Footnote 138: _tapaswí_, the third in rank of the Hindu religious
orders.]
[Footnote 139: The four objects of living being, in the creed of the
Hindu, virtue, wealth, pleasure, and final liberation of the soul.]
[Footnote 140: Manu, ch. 8, sl. 62, 63.]
[Footnote 141: The terms used are _játi_ and _varṇa_ which are
somewhat ambiguous; but the sense is evidently as rendered, and is so
explained by the Commentator. Manu adds,--Women should be witnesses
for women, ch. 8, sl. 68.]
[Footnote 142: _i. e._ if the regular and more appropriate witnesses
are not available. (_M._)
After sloka 69 the Calcutta edition has the following:--Those learned
in the Vedas, ascetics, the aged, devotees, and the like, are
incompetent witnesses, because so declared by law; no other ground [of
incompetency] is assigned.
We do not insert this additional sloka for the reasons stated in note
[79] supra.]
[Footnote 143: of not less than eighty years.(_M._)]
[Footnote 144: possessed of devils. (_M._) The expression used by the
Commentator may be also translated--under planetary influence.]
[Footnote 145: which the Commentator explains _nirgranthi
prabhritayah_, by which probably are indicated those of the Hindu
community who disbelieve the Vedas, _e.g._ the Jains.]
[Footnote 146: the slayer of bráhmaṇ, and such heinous criminals.
(_M._) Manu ch. 11, sl. 54. See Note [155].]
[Footnote 147: of either party. Perhaps this might be rendered,
partisans, or, allies.]
[Footnote 148: Said by the Commentator to allude to notorious liars.]
[Footnote 149: _scil._ as found in the other Smritis. The Commentator
(quoting Nárada) gives a more detailed account of persons excluded or
exempt from giving testimony. Manu ch. 8, sl. 64--67.]
[Footnote 150: a fortiori two persons, (_M._)]
[Footnote 151: or, who knows the Dharma.]
[Footnote 152: The Commentator excludes from this enabling exception
those under moral (not merely arbitrary or conventional) disability,
as, criminals. Manu, ch. 8, sl. 72.]
[Footnote 153: also, murder. (_M._)]
[Footnote 154: _párushya_ and _sáhasa_: v. supra in notes [9] et
[11].]
[Footnote 155: Who these are is described by Yájnavalkya, in the third
book, _scil._
sl. 227. The slayer of a bráhmaṇ, the drinker of what intoxicates, the
thief, one who violates his _guru's_ bed, are great criminals--also,
whoever associates with such persons.
sl. 228. Grossly to revile one's _guru_, speaking reproachfully of the
Vedas, to slay a friend, after reading from the Veda to forget
it,--these [sins] are like to the murder of a bráhmaṇ.
sl. 229. To eat forbidden food, a crooked insincere mode of dealing, a
multitude of lying words, kissing the mouth of a menstruous
woman,--these [sins] are like to drinking intoxicating liquor.
sl. 230. To steal horses, jewels, men, women, land, cows, property
pledged,--these [sins] are like to the stealing of gold.
sl. 231. To debauch a friend's wife, a maiden, a sister, a woman of
the lowest grade, a female relative, a son's wife,--these [sins] are
recorded as equivalent to violation of a _guru's_ bed.
sl. 232. To debauch a father's sister, or a mother's, the wife of a
maternal uncle, a daughter-in-law, a step-mother, the sister or
daughter of an _áchárya_,
sl. 233. or his wife, or one's own daughter,--these are equal to
violation of a _guru's_ bed. The penalty is death, the pudenda [of the
criminal] being previously amputated. A like doom is for the woman, if
she consented.
See Manu, ch. 9, sl. 235; ch. 11, sl. 54--58, sl. 170--180.
As to the _guru_ and _áchárya_, the following is the 34th sloka of
Yájnavalkya's first book:--He is a man's _guru_, who, after going
through the ritual, imparts to him the Veda: he is _áchárya_, who
invests with the sacred cord and then imparts the Veda.]
[Footnote 156: Manu, ch. 8, sl. 89 &c.]
[Footnote 157: _guni_, referring not merely to personal qualities or
eminence in virtue, but to possession of wealth, sons, and learning:
so explained by the Commentator.]
[Footnote 158: Manu, ch. 8, sl. 73.]
[Footnote 159: The Commentator explains this to refer to the fine
which would be payable on failure (supra sl. 11).]
[Footnote 160: out of the realm. (_M._) Manu, ch. 8. sl. 119-124.]
[Footnote 161: supra, sl. 73.]
[Footnote 162: The Commentator adds--If the bráhmaṇ, or any of the
other casts, cannot pay the fine, he must suffer imprisonment and the
labour proper to his cast. He explains the enormity of the offence
described in this sloka to consist in the contempt of Court.]
[Footnote 163: _i. e._ if, by such untruth, the death be averted. If
from testimony either way, the alternative of the death of the
plaintiff or defendant must ensue, the witness should maintain
silence, the monarch assenting. In case the monarch do not assent, the
testimony may be rendered of no avail by confusing the witness: if
this cannot be effected, then let the truth be spoken; for by so doing
one fault only is incurred, _viz._ causing the death, whereas from
untruth would arise the sin of it as well as of the death. (_M._)]
[Footnote 164: Manu, ch. 8, sl. 104, 105.]
[Footnote 165: &c. _i. e._ his property, tribe, calling, customs, &c.
(_M._)]
[Footnote 166: Manu, ch. 8, sl. 168.]
[Footnote 167: literally "by three only," explained by the Commentator
as above rendered.]
[Footnote 168: the Commentator considers the &c. here to signify,
testing the handwriting of the writers or amanuenses employed.]
[Footnote 169: _i. e._ consideration of place, time, and persons
connected with possession of the document. (_M._)]
[Footnote 170: The Commentator divides written instruments into, 1.
public or given by authority, and, 2. private, or those which the
community use among themselves, and to which the rules in the text
apply. These again are either, autograph, _i. e._ wholly written by
the party who speaks by the document--or, written by another for him.
The last description, he says, require to be attested, and their
effect as proof depends upon local usage. He quotes Nárada as to the
private writings. For the instruments emanating from authority, he
refers to sl. 317, 318, 319 of Yájnavalkya's first Book, _viz._
"When the monarch bestows lands or creates a charge in favor
of any one, he shall, for information of future good
monarchs, put it in writing, either on cloth or copper,
setting his seal thereto. He shall inscribe the names of his
ancestors and his own [also the donee's (_M._)], the extent
of the gift, its description by boundaries, also the date;
all this shall be authenticated under his hand."
]
[Footnote 171: This word in the 94th sloka we have rendered
'discharge.' Its ordinary and literal sense is 'purification.']
[Footnote 172: _scil._ ordeals. (_M._)]
[Footnote 173: the ocean god.]
[Footnote 174: the inferior Brahmá, the immediate cause or creator of
the universe.]
[Footnote 175: It is only of self-acquired property that unequal
partition can be made. Of that which is inherited or ancestral, there
is co-ownership: it cannot therefore be apportioned at the father's
pleasure. (_M._) Infra sl. 121.]
[Footnote 176: Jagannát'ha, in his Digest, quotes the Dipakaliká and
other authorities interpreting this injunction to refer to such wives
only as have not male issue. (Colebrooke, vol. 3, p. 97.)]
[Footnote 177: Something, however valueless; in order that the heirs
of the separated son may have no claim to a share of the family
inheritance, (_M._) Manu, ch. 9, sl. 207.]
[Footnote 178: For instance, if one son have a large family, or be
disqualified to earn a livelihood, the father may give him a portion
larger than the others. But an unequal partition from angry impulse,
or weak-mindedness, has no validity. (_M._)]
[Footnote 179: Manu, ch. 9, sl. 104. Whenever the father wishes, is
one of the ordained periods for partition; the second is, when the
father has renounced worldly enjoyment and the mother is past
child-bearing; and this partition may be enforced (according to
Nárada) at the son's desire, though the father object. Partition
should also be made, the son desiring it, if the father lead a vicious
life, or be suffering under incurable disease; even though the
mother's menstruation have not ceased. The third period for partition
is, the father's decease. (_M._) Manu divides,--to the eldest two
aliquot parts, to the second son one and a half, and to each
succeeding son a single part. The Commentator asks, why that division
was not adhered to; and he solves his own question by the remark, that
it was disliked by the people, and therefore rightly abandoned. This
position he supports by several quotations, and by allusion to the
abolition or non-observance of other ancient ordinances, _e.g._ the
raising up of male heirs by the brother of the husband or others.
It is an obvious reflection, that the altered law of distribution is
one of the few instances in the Hindu economy where an innate feeling
of natural equality has overcome or superseded arbitrary rule--and
further, that the change has been brought about by the pressure of the
old law upon the privileged casts, who, in common with others, were
affected by it.]
[Footnote 180: Manu, ch. 9, sl. 206, 208.]
[Footnote 181: When the recovered properly is land, he who obtained it
shall take a fourth part, the remainder to be equally divided. (_M._)
The Commentator supports this view by the authority of Śankha.
Manu, ch. 9, sl. 209.]
[Footnote 182: Supra, Book 1, sl. 3.]
[Footnote 183: Manu, ch. 9, sl. 215.]
[Footnote 184: The Commentator refers, in explanation of this sloka,
to Manu, ch. 9, sl. 216, _viz._ A son born after a division shall
alone inherit the patrimony [_i. e._ the share allotted to the parents
(_M._)], or shall have a share of it with the divided brethren, if
they return and unite themselves with him.--With respect to the
deduction for expenditure, &c., the Commentator explains, that the
accumulations of mere income are not to be included in the estate to
be repartitioned, and that a previous deduction is to be made for
necessary expenditure, _e.g._ the father's debts.]
[Footnote 185: but, if she have _stridhana_, only a half share.
(_M._)]
[Footnote 186: Manu, ch. 9, sl. 118.]
[Footnote 187: These varying proportions ofcourse apply only where
there are several mothers of differing casts. Manu, ch. 9, sl.
148-157.]
[Footnote 188: or escaped notice altogether. (_M._) Manu, ch. 9, sl.
218.]
[Footnote 189: Manu, ch. 9, sl. 59, 145, 167, 190.]
[Footnote 190: But if the actual father have already a son, his son by
another's wife is not his heir. (_M._)]
[Footnote 191: _aurasa_ is from _úras_ 'the best,' being the first in
order of sons.]
[Footnote 192: _dharma_ wife is defined by the Commentator, a wife of
the same cast with her husband, and wedded to him according to the
_bráhma_ and other approved forms of marriage; which are described in
the first book, sl. 58-61, _viz._ "In the marriage called _bráhma_,
[the bride], adorned in a manner suitable to the means [of her
family], is bestowed upon the invited bridegroom,--In the _daiva_
[marriage, the bride is made over] to the priest whilst offering
sacrifice: _ársha_ [marriage], is where [the bride's father] receives
a pair of kine.--In the _káya_ [marriage, the bride] is delivered to
the suitor with the injunction, Together practise the rules of duty!
In the _asura_ [marriage], wealth is received [from the bridegroom].
_Gándharva_ is [a union in marriage] by mutual consent [of the
parties]: the _rákshasa_ [marriage], is by capture [of the woman] in
war: the _paiśácha_ [marriage, where she is obtained] by
deception." Manu ch. 3, sl. 20 _et. seq._]
[Footnote 193: _scil._ according to Vaśishṭha, such as, by
agreement between father and son-in-law, at the time of the daughter's
marriage, has been, by anticipation, given up to the father. (_M._)
And the Commentator notes, that the term used, _puttrikásata_, may be
also rendered or understood 'daughter as a son' _i. e._ a daughter
appointed or placed in the same position and with the same rights as a
son.]
[Footnote 194: _sagotra._]
[Footnote 195: it being merely known that the father is a man of the
same cast, not who he is. (_M._)]
[Footnote 196: privately, in the father's house. (_M._) Manu adds the
condition, if she marry her lover; ch. 9, sl. 172.]
[Footnote 197: Manu, ch. 9, sl. 175.]
[Footnote 198: This is permitted to a man of the same cast, in time of
distress; but only where there are several sons: the eldest cannot be
bestowed as a gift-son. (_M._) Manu, ch. 9, sl. 168.]
[Footnote 199: The Commentator explains, that this can only be on the
same conditions as the given or gift son. Manu, ch. 9, sl. 174.]
[Footnote 200: having lost his parents, or being abandoned by them.
(_M._) We have some doubt of the Commentator's meaning: here as the
alternative includes a separate head and description, _viz._ (xii) in
the succeeding sloka. The word rendered 'abandoned' literally
signifies 'liberated,' 'set free;' so the meaning may be,--one who is
left free to choose for himself.]
[Footnote 201: Manu, ch. 9, sl. 173.]
[Footnote 202: ibid. sl. 171.]
[Footnote 203: _piṇḍa_, which literally signifies any round
substance. The cake is a compound, in form of a ball, given as an
offering to the dead.]
[Footnote 204: The Commentator quotes Vaśishṭha--If a son be
adopted, and afterwards an _aurasa_ be born, the former takes a fourth
part--and deduces from this, that a son of any inferior grade receives
a fourth share when superseded by an afterborn _aurasa._]
[Footnote 205: Manu, ch. 9, sl. 179.]
[Footnote 206: _pitárau._ First the mother, then the father--says the
Commentator. But Manu, ch. 9, sl. 185:--If a man die without male
issue, the father is heir; next to him in order, the brothers--and,
sl. 217--If a man die childless, his mother succeeds.--Such is the
contradictory character of texts and comments on this subject. The law
in use in Bengal is the reverse of the Commentator's gloss.]
[Footnote 207: first, of the whole blood; then, half-brothers. (_M._)]
[Footnote 208: as representing their respective fathers. (_M._)]
[Footnote 209: family; kindred of the same _stirpes_ or stock. These
are thus detailed by the Commentator;
1. paternal grandmother,
2. paternal grandfather,
3. paternal uncles,
4. sons of the uncles,
on failure of paternal grandfather's line, then,
5. paternal great-grandmother,
6. paternal great-grandfather,
7. their sons,
8. their sons' offspring.
All of whom (proceeds the Commentator) are _sapiṇḍas_, connected
by food oblations. If they fail, then follow those connected by the
water oblation only, _viz._ seven degrees in the ascending line beyond
_sapiṇḍas_, _i. e._ _samánodacas._]
[Footnote 210: divided by the Commentator into three classes, _viz._
1. of one's self, 2. of one's father, 3. of one's mother; as, the sons
of a father's or of a mother's sister, or a maternal uncle (one's own
kin)--the sons of a father's paternal or maternal aunt, or a father's
maternal uncle (a father's kin)--and those in the same relation to a
mother.]
[Footnote 211: _sa-brahmachári_, one instructed together with him in
his religious duties. This head applies only to the first three
classes, those invested with the sacred cord.]
[Footnote 212: as distinguished from the temporary _brahmachári_ or
religious student, which all of the twice born classes should be, in
youth.]
[Footnote 213: who, having been separated, again holds his property in
community with those from whom he had separated. Such reunion is
permitted only with the father, the brothers, and the paternal uncle.
(_M._)]
[Footnote 214: This participle has a masculine termination; and the
ellipsis is supplied from the Commentator.]
[Footnote 215: This is rather the paraphrase of the Commentator: the
text is very obscure. Yájnavalkya in these two verses promulgates,
according to the Commentator, the following law. A wife or a daughter
or a mother shall not be entitled (under a preceding rule) to take the
heritage, when there has been a reunion, after separation, of male
members of the family; and of course where there has been no division.
In the case of united brothers, where there is a full brother in the
union, he takes the property, in preference to a half-brother; but, if
the half-brother be united and the full brother separate, the two will
divide the property between them. When, of many full brothers, some
live united and others separate, those united will have the
preference. If there be half brothers, as well as full brothers, in
the union, the former take nothing; but all full brothers, living
separate, share with one or more united half-brothers. Where the
brothers all live separate the rule will of course not apply.]
[Footnote 216: _i. e._ according to the Ratnákara, a son born after
his degradation from cast.]
[Footnote 217: _scil._ hermits, devotees, one who is his father's
enemy, one guilty of a crime of minor degree, one deaf or dumb, one
deprived of an organ of sense. (_M._)]
[Footnote 218: supra sl. 128 (III).]
[Footnote 219: such as described sl. 140. (_M._)]
[Footnote 220: if there be no sons. (_M._)]
[Footnote 221: These three slokas are analogous to Manu, ch. 9, sl.
201, 2, 3.]
[Footnote 222: _scil._ acquisitions by inheritance, purchase,
partition, gift, finding. (_M._)]
[Footnote 223: supra, note[192].]
[Footnote 224: _asura_, _gándarbha_, _rákshasa_, _paiśácha._]
[Footnote 225: _i. e._ if she die without issue. (_M._)]
[Footnote 226: without just cause. (_M._) Yájnavalkya himself suggests
as a sufficient cause, a more eligible bridegroom offering; B. 1, sl.
65.]
[Footnote 227: if he have no other means. (_M._)]
[Footnote 228: The Commentator and other authorities interpret
_arddha_ in this place to signify, such proportionate part as shall
make the entire _stridhana_ of the first wife equal to that of the
second.]
[Footnote 229: and further, by enquiry as to the mode of performing
religious rites in the family. (_M._)]
[Footnote 230: Explained by the Commentator such as are free (as aged
men are presumed to be) from the trammels of worldly occupation and of
passion.]
[Footnote 231: Manu, ch. 8, sl. 258--262.]
[Footnote 232: the remains of burnt fuel. (_M._)]
[Footnote 233: of rice. (_M._)]
[Footnote 234: stones or other landmarks. (_M._)]
[Footnote 235: Manu, ch. 8, sl. 246--252.]
[Footnote 236: _i. e._ if none of the means indicated in the previous
sloka are available. (_M._)]
[Footnote 237: Manu, ch. 8, sl. 254--258.]
[Footnote 238: ibid, sl. 263.]
[Footnote 239: ibid, sl. 265.]
[Footnote 240: and towns. (_M._)]
[Footnote 241: Manu, ch. 8, sl. 262.]
[Footnote 242: The Commentator describes a boundary as a strip or
border (a party-ridge) of land, used in common. The breaking therefore
must mean some material alteration of this border. Overstepping, the
Commentator describes to be cultivating beyond the boundary.]
[Footnote 243: or house or garden, &c. (_M._)]
[Footnote 244: _scil._ reddendo singula singulis, the lowest fine for
breaking, the highest for overstepping, the medium for wrongful
appropriation. Manu, ch. 8, sl. 264; ch. 9, sl. 291.]
[Footnote 245: or similar constructions, as a tank, &c. (_M._)]
[Footnote 246: _semble_, the landowner. The Commentator throws no
light on this ambiguity.]
[Footnote 247: or any other crop. (_M._)]
[Footnote 248: a _másha_ is the twentieth part of a copper _paṇa_.
(_M._) Supra pa. 7.]
[Footnote 249: Manu, ch. 8, sl. 241.]
[Footnote 250: no penalty therefore or liability. (_M._)]
[Footnote 251: being an open field. (_M._)]
[Footnote 252: Manu, ch. 8, sl. 237, 8, 9.]
[Footnote 253: let loose to propitiate the gods. (_M._)]
[Footnote 254: wanderers from a distant herd. (_M._)]
[Footnote 255: _scil._ other animals, as elephants, horses, &c.
(_M._)]
[Footnote 256: Manu, ch. 8, sl. 242.]
[Footnote 257: _i. e._ counting them. (_M._)]
[Footnote 258: Manu, ch. 8, sl. 232.]
[Footnote 259: for oblations to the gods. (_M._) Manu does not
expressly restrict this privilege to the twice-born; ch. 8, sl. 339.]
[Footnote 260: This term (literally 'a bow') is a land measure,
equivalent to the modern oottah or four hâts.]
[Footnote 261: These three are in progressive increase: the first is,
a mere village; the second, the central or sudder station of several
villages; the third, a town of more extended population and
importance. Manu, ch. 8, sl. 237.]
[Footnote 262: or which has been given away, or pledged, by a stranger
without right. (_M._) Manu, ch. 8, sl. 199.]
[Footnote 263: _scil._ one destitute of property. (_M._) The
expression in the text is applicable to any whose position or lack of
means might justify a suspicion that he had not come honestly by the
goods.]
[Footnote 264: the man who sold or assigned it to him. (_M._)]
[Footnote 265: or stolen, or given in pledge. (_M._)]
[Footnote 266: Supra, sl. 27.]
[Footnote 267: Inasmuch as he abets concealment of the thief or
wrongdoer. (_M._)]
[Footnote 268: Manu, ch. 8, sl. 30. The Commentator accounts for the
discrepancy between the two law-givers by supposing Manu to have
alluded to the property of learned bráhmaṇs only.]
[Footnote 269: This fine is considered by the Commentator a
consideration or indemnity for safe keeping, and an exception to the
rule laid down by Manu, ch. 8, sec. 33.]
[Footnote 270: Colebrooke's rendering of this sloka (Digest ch. 4,
sec. 1, §16,) differs from ours, which however we consider to be the
correct signification of the text before us.]
[Footnote 271: Manu, ch. 8, sl. 222.]
[Footnote 272: The Commentator explains this to refer to slaves.]
[Footnote 273: Supra, p. 7.]
[Footnote 274: These facts are related, says the Commentator, as an
index to or test of the honesty of metal-workers.]
[Footnote 275: Made into coarse thread. (_M._)]
[Footnote 276: This sloka, as appears from the Commentary, is in
allusion to the loss on working or manufacture of textile fabrics
mentioned in the previous slokas.]
[Footnote 277: or given or pledged. (_M._)]
[Footnote 278: The slavery or servitude being to secure or work out a
debt.]
[Footnote 279: _e.g._ a bráhmaṇ cannot be slave to a kshattriya.
Manu, ch. 8, sl. 410--15.]
[Footnote 280: _scil._ medicine or handicraft. (_M._)]
[Footnote 281: The Commentator thus explains and analyses the subject
of servitude or working for others:
There are two descriptions of persons who serve. I. Those whose
employment is of a respectable kind. II. Those whose employment is not
so. The first division he subdivides into--1, the disciple; 2, the
apprentice; 3, the workman; 4, the overseer.
The disciple is the student of the vedas; the apprentice is one
learning an art; the workman is one who is paid for his work; the
overseer superintends workmen. There are three sorts of workmen--1,
soldiers; 2, husbandmen; 3, they who bear burdens.
II. The other and meaner description of employment is performed by
slaves, _scil._ cleaning the house, cleaning away filth, &c.
Slaves, the Commentator subdivides, according to their origin and mode
of enslavement, into fifteen classes, _scil._
1. A born slave of the house.
2. A purchased slave.
3. One [otherwise] acquired _e.g._ by donation.
4. One obtained by inheritance.
5. One rescued from starvation during a famine.
6. One received in pledge.
7. One who becomes a slave to discharge a debt.
8. A captive in war.
9. One whose freedom has been lost by wager.
10. A volunteer slave.
11. An apostate from the condition of a _pravajita_ or religious
mendicant.
12. A slave for a prescribed term.
13. A slave for subsistence sake.
14. One enslaved by espousing a woman who is a slave.
15. One who has sold himself.]
[Footnote 282: _scil._ duties prescribed by the Śruti and Smriti,
according to their cast and grade. (_M._)]
[Footnote 283: such as, tending cattle, conservation of water, care of
temples, &c. (_M._)]
[Footnote 284: _scil._ to entertain travellers, or injunction to see
that horses or other provision be not furnished to the enemies of the
State. (_M._)]
[Footnote 285: _i. e._ for a heinous offence: for minor offences,
fines, as declared by Manu, shall be imposed. (_M._) Manu, ch. 8, sl.
220, is probably here referred to.]
[Footnote 286: The term used _hitavádi_ signifies, who speak for the
welfare of; which we assume to have the sense we have given to it.]
[Footnote 287: Supra bk. 1, sl. 365.]
[Footnote 288: Supra note[282].]
[Footnote 289: Lassen, in his _Indische Alterthumskunde_ (vol. 2, p.
238), speaking of the edicts of king Asoca (B. C. 250), which refer to
_páshaṇḍas_, describes these as a sect who disbelieved alike in
the bráhmiṇical and buddhist tenets. We have, in sloka 70, rendered
the word 'infidels.']
[Footnote 290: Manu, ch. 8, sl. 41, 219, 21, 410, 18.]
[Footnote 291: ibid. sl. 215--218.]
[Footnote 292: The expression is 'servant,' as opposed to, master, or
employer.]
[Footnote 293: _scil._ a merchant, owner of cattle, or landed
proprietor. (_M._)]
[Footnote 294: As, by improvident expenditure. (_M._)]
[Footnote 295: Signifying plurality generally. (_M._)]
[Footnote 296: Colebrooke renders this sloka differently; Dig. B. 3,
ch. 1, sec. 1, §65. We have adhered closely to the text.]
[Footnote 297: _scil._ the keeper.]
[Footnote 298: Infra sl. 267.]
[Footnote 299: But one word is used in the original, which the
Commentator thus explains. The foregoing rules for gamblers and gaming
must be taken to have superseded the rigid prohibition in the Dharma
Śástra of Manu, ch. 9, sl. 220--228.]
[Footnote 300: Manu ch. 8, sl. 274, where the offence is much more
leniently dealt with.]
[Footnote 301: The intent of these insulting allusions is obvious.]
[Footnote 302: What we have rendered 'cast' is expressed by two words
in the original, _varṇa_ and _játi._ The first is defined by the
Commentator--the four casts; the second--the mixed classes or casts.]
[Footnote 303: Manu, ch. 8, sl. 267, 8, 9, 70, 276, 7.]
[Footnote 304: The Commentator instances the buttocks.]
[Footnote 305: such as tears, nails, hair, wax of the ear, &c. (_M._)]
[Footnote 306: So explained by the Commentator.]
[Footnote 307: Manu, ch. 8, sl. 279, 80.]
[Footnote 308: Manu, ch. 8, sl. 284.]
[Footnote 309: The Commentator instances the tongue.]
[Footnote 310: Manu ch. 8, sl. 284, 286-7.]
[Footnote 311: _i. e._ each wrong doer pays the double fine. (_M._)]
[Footnote 312: Manu ch. 8, sl. 287.]
[Footnote 313: or any other insensitive part, _śákhá._]
[Footnote 314: Manu ch. 8, sl. 297-8.]
[Footnote 315: root as well as trunk. (_M._)]
[Footnote 316: _scil._ the mango. (_M._)]
[Footnote 317: _scil._ 20, 40, 80. (_M._)]
[Footnote 318: Manu, ch. 8, sl. 285.]
[Footnote 319: This word is commonly used to signify any violent
aggression upon person or property, and is defined here by the
Commentator to be, the forcibly taking away of properly either public
or private. Manu, ch. 8, sl. 332.]
[Footnote 320: _e.g._ an _áchárya_. (_M._) Supra note[155] in fin. The
injunction evidently has reference to one whose office or character
entitles him to the respect and obedience of those about him, pupils
or disciples.]
[Footnote 321: This may be 'his brother or his wife.']
[Footnote 322: The Commentator does not explain this description.]
[Footnote 323: _scil._ those of the same village or country. (_M._)]
[Footnote 324: _i. e._ when not authorised by the 'Śástras. Supra
sl. 127.]
[Footnote 325: An outcast.]
[Footnote 326: The Commentator explains this term here by _digambara_,
which is the usual designation of a Buddha mendicant.]
[Footnote 327: as if a Śúdrá teach the Vedas.]
[Footnote 328: Manu inflicts 600 _paṇas_, ch. 8, sl. 389.]
[Footnote 329: Thus the Commentator supplies the ellipsis.]
[Footnote 330: instead of acting as a mediator. (_M._)]
[Footnote 331: when it is agreed to decide the dispute by a wager,
(_M._)]
[Footnote 332: of quantity, for water, grain, &c.]
[Footnote 333: _náṇáka_, Wilson's _Ariana antiqua_ pa. 364. The
Commentator defines this word--something stamped with an impression,
as a _nishka_--this is a piece of gold of a certain standard or
weight.]
[Footnote 334: Manu, ch. 9, sl. 232.]
[Footnote 335: _i. e._ who, though ignorant of the _Ajur Veda_ sets up
as a practitioner of the medical art. (_M._) Manu, ch. 9, sl. 284.]
[Footnote 336: The Commentator adds 'without royal authority.']
[Footnote 337: After having summoned the accused to take his trial.
(_M._) This explanation shows, that the injunction applies to judicial
functionaries, although in its terms general.]
[Footnote 338: literally, adds something inferior to. Manu, ch. 9, sl.
286,7.]
[Footnote 339: _e. g._ substituting a basket of crystals for one of
jewels. (_M._)]
[Footnote 340: as camphor, or musk. (_M._)]
[Footnote 341: _i. e._ combining to buy up at a low rate some foreign
merchandize, or to revend it at a dear rate.]
[Footnote 342: Manu, ch. 8, sl. 398, 401, 2.]
[Footnote 343: _semble_ in the daily prices, purchasers and sellers
respectively profiting by an increase or diminution of the tariff of
prices.]
[Footnote 344: Literally, 'expenses arising out of the commodity,'
which the Commentator explains to be, the cost of import,
customs-duty, &c.]
[Footnote 345: The Commentator adds the condition, 'if he have not
repented him of his bargain.']
[Footnote 346: According to the Commentator this rational liberty of
action is not confined to traders; he instances, 'players, dancers,
_and the like._']
[Footnote 347: _scil._ for himself, separate from his partnership
interest.]
[Footnote 348: The same is given by Manu; although the sovereign would
appear not to have had, in those earlier days, so responsible or
despotic a control of the market, ch. 8, sl. 398, 402.]
[Footnote 349: _i. e._ too good for a mere subject. The Commentator
explains, 'jewels, &c.']
[Footnote 350: ibid. sl. 399.]
[Footnote 351: _scil._ where the property in the goods is disputed.
(_M._) Manu, ch. 8, sl. 400.]
[Footnote 352: Land tolls or duties are a twentieth, and are leviable
by the king alone. (_M._)]
[Footnote 353: on occasion of _sráddahs_, &c. Manu, ch. 8, sl. 392,
where a priest for such an offence is fined a silver _másha_ (supra B.
1 sl. 363)]
[Footnote 354: Manu, ch. 8, sl. 207.]
[Footnote 355: a land-measure, _scil._ 4,000 _hâts_ or cubits.]
[Footnote 356: The Commentator explains this term by quoting from
Manu--"They who break into houses where a sacred fire is kept up, into
arsenals, into temples--" ch. 9, sl. 276, 280.]
[Footnote 357: The subject of theft is supplied by the Commentator.]
[Footnote 358: who abstract money from the person by cutting or
opening the apparel. Manu, ch. 9, sl. 277; where the third offence
entails capital punishment.]
[Footnote 359: _scil._ trifling--such as, earthen vessels, stools,
cots, bones, wood, leather, grass, &c.; medium--such as, apparel
(other than silk), cattle (other than cows), metal (other than gold),
rice, barley; highest--as, gold, jewels, silks, women, men, cows,
elephants, horses, also whatever is appropriated to gods, to
bráhmaṇs, or to kings. (_M._)]
[Footnote 360: Manu, ch. 8, sl. 126; supra B. 1, sl. 367.]
[Footnote 361: Manu, ch. 9, sl. 278.]
[Footnote 362: thus causing destruction of the crops. Manu, ch. 9, sl.
279.]
[Footnote 363: unless she be pregnant. (_M._)]
[Footnote 364: These compounds might be literally translated,
'woman-fond' 'thing-fond' 'gain-fond.']
[Footnote 365: Manu, ch. 8, sl. 356, 7, 8.]
[Footnote 366: ibid. sl. 361.]
[Footnote 367: ibid. sl. 359, 374.]
[Footnote 368: The Commentator explains--her nose, &c.]
[Footnote 369: Manu, ch. 8, sl. 364.]
[Footnote 370: ibid. sl. 373, 385.]
[Footnote 371: _scil._ a stranger.]
[Footnote 372: Manu, ch. 8, sl. 363.]
[Footnote 373: _scil._ one kept for prostitution. (_M._)]
[Footnote 374: Manu, ch. 9, sl. 232, where this is a capital offence.]
[Footnote 375: The Commentator instances, the nose, ear, and hand.
Manu, ch. 9, sl. 292.]
[Footnote 376: Manu, ch. 8, sl. 291, 2.]
[Footnote 377: Literally 'after having taken money.']
[Footnote 378: Receivers of bribes are denounced in Manu, ch. 9, sl.
258.]
[Footnote 379: Supra, no.[131].]
Index
___________________________________________________________________________
| Page. | Sloka. | Note.
___________________________________________________________________________
A. | | |
| | |
Abduction of virgins, | 76 | 287 | ...
| | |
Abortion, causing, | 75 | 277 | ...
| | |
Abusive language, punishment for, | 62 | 210,11 | ...
| | |
_Áchára_, _Introd._ | x | ... | ...
| | |
_Áchárya_, | 29 | ... | 113
| | |
Adultery, | 76 | 283-86 | ...
| | |
Age, when, in Śúdrás, to be honored, | 5 | 116 | ...
| | |
Ancestral property, recovered, not | | |
divisible, | 39 | 119 | ...
| | |
" " " if land | | |
how divisible, | 39 | ... | 139
| | |
" " co-equal ownership in, | | |
of father and son, | 39 | 121 | ...
| | |
Appeal of suits to the monarch, | 79 | 305 | ...
| | |
Apprenticeship, contract of, inviolable, | 56 | 184 | ...
| | |
Appropriation of pledges, &c., forbidden, | 16 | 26 | ...
| | |
Arrest on suspicion, when allowable, | 72 | 266-8 | ...
| | |
" " how followed up, | 73 | 269 | ...
| | |
_Ársha_ marriage | 41 | ... | 150
| | |
_Artha Śástra_, | 14 | ... | 21
| | |
Ascetics, succession to, | 45 | 137 | ...
| | |
Assault, where without witness, how triable, | 62 | 212 | ...
| | |
_Aurasa_ son, | 41 | 128 | ...
| | |
| | |
B. | | |
| | |
Battering, injury to a wall by, fineable, | 64 | 223 | ...
| | |
Bestiality, | 77 | 289 | ...
| | |
Blind children inherit maintenance only, | 46 | 140 | ...
| | |
Boundaries, disputed, how determined, | 48 | 150-3 | ...
| | |
" false evidence as to, fineable, | 49 | 153 | ...
| | |
" breaking or overstepping, | 49 | 155 | ...
| | |
" wrongfully appropriating, | 16 | 26 | ...
| | |
" law of limitation does not | | |
apply to, | 16 | 25 | ...
| | |
_Brahmá_, defined and explained, | | |
_Introd._ | vii | ... | ...
| | |
_Bráhma_ marriage, | 41 | ... | 150
| | |
Bráhmaṇs, omission to invite, fineable, | 72 | 263 | ...
| | |
_Brahmachári_ (professed), succession to, | 45 | 137 | ...
| | |
Brothers and sisters, duty of, to complete | | |
each others' ritual, | 40 | 124 | ...
| | |
Brothers and half-brothers, when succeed to | | |
each other, | 45 | 138,9 | ...
| | |
Buyer not accepting, how treated, | 70 | 255 | ...
| | |
| | |
C. | | |
| | |
Capture of thieves & others, when warranted, | 72 | 266-8 | ...
| | |
Carnal knowledge, what illegal, | 77 | 289-94 | ...
| | |
Carriers of goods, liabilities of, | 60 | 197,8 | ...
| | |
Cast, distinctions of, | 3 | 10 | ...
| | |
" a religious ordinance, its origin, | | |
gradual development, and fixed | | |
character, explained, _Introd._ | vii-ix | ... | ...
| | |
Cattle, trespass by, law as to, | 50 | 159-63 | ...
| | |
Communities and guilds, laws as to their | | |
constitution and conduct, | 57 | 185-92 | ...
| | |
Correction of wrong doers, a monarch's duty, | 6 | 360 | ...
| | |
Counter-complaints, as to, | 10 | 9,10 | ...
| | |
Counterfeit gold, trading with, how | | |
punishable, | 78 | 297 | ...
| | |
Courts, different grades of, | 17 | 30 | ...
| | |
Creditor, how may enforce his debt, | 20 | 40 | ...
| | |
" not accepting payment loses | | |
future interest, | 21 | 44 | ...
| | |
Cremation, disposal of corpse by, from | | |
what date, | 4 | ... | 14
| | |
Criminals, atrocious, who, | 29 | ... | 113
| | |
Cripple, heir who is a, entitled | | |
to maintenance, | 46 | 140 | ...
| | |
Cultivation, incomplete, consequence of | | |
breach of duty by, | 50 | 158 | ...
| | |
Customs levy, fraudulent avoidance of, | 71 | 262 | ...
| | |
Cut-purses, how punished, | 74 | 274 | ...
| | |
| | |
D. | | |
| | |
Dams, slight private injury not to interfere | | |
with construction of, | 50 | 156 | ...
| | |
" in private lands, whose the right | | |
of use, | 50 | 157 | ...
| | |
Damage, by brutes or inanimate things, | | |
when excusable, | 78 | 298 | ...
| | |
_Daiva_ marriage, | 41 | ... | 150
| | |
Daughter's son, _puttriká-suta_, | 41 | 128 | ...
| | |
Daughter, affianced, penalty for withholding,| 47 | 146 | ...
| | |
" " when dies, how dowry, &c.| | |
appropriated, | 47 | 146 | ...
| | |
Daughters, unmarried, of those disqualified | | |
to inherit, to be provided for, | 46 | 141 | ...
| | |
Death caused by vehicles accidentally | | |
not imputable, | 78 | 299 | ...
| | |
Debts, may be enforced, | 20 | 40 | ...
| | |
" in what order payable, | 20 | 41 | ...
| | |
" impost on recovered | 20 | 42 | ...
| | |
" how to be met where debtor without | | |
means, | 21 | 43 | ...
| | |
" of undivided kinsmen payable from the | | |
family fund, | 21 | 45 | ...
| | |
" separate, need not be discharged | | |
by the family, | 21 | 46 | ...
| | |
" of father, what not obligatory on son,| 21 | 47 | ...
| | |
" " what obligatory, | 22 | 50 | ...
| | |
" of wives of herdsmen, &c., to be paid,| 22 | 48 | ...
| | |
" how proveable, | 22 | 50 | ...
| | |
" between what persons forbidden, | 23 | 52 | ...
| | |
" obligatory on lineal descendants, | 32 | 70 | ...
| | |
" formalities of payment of, | 33 | 93,4 | ...
| | |
" pass with property to successor, | 22 | 51 | ...
| | |
Decisions, judicial, when to be annulled | | |
by Monarch, | 18 | 31 | ...
| | |
Deposit, _upanidhi_, | 26 | 65 | ...
| | |
" _nikshepa_ and other sorts of, | 26 | 67 | ...
| | |
" wrongful appropriation of, | 16 | 25,6 | ...
| | |
" not to be used, | 26 | 67 | ...
| | |
Depositee, when liable for loss, | 26 | 66 | ...
| | |
_Dhanus_, a land measure, | 52 | 167 | 218
| | |
_Dharma Śástras_, promulgators of, | 2 | 4,5 | ...
| | |
" " Professor Stenzler's list | | |
of, _Introd._ | v | ... | ...
| | |
_Dharma_ wife, | 41 | 148 | 150
| | |
Disease, incurable, a bar to inheritance, | 46 | 140 | ...
| | |
Division of property, equal, amongst sons, | 38 | 117 | ...
| | |
" periods of, | 38 | 114 | 137
| | |
" amongst sons, mother's right on, | 40 | 123 | ...
| | |
| | |
E. | | |
| | |
Earnest, on sale, &c., | 25 | ... | 85
| | |
Earnings of science, not subject to | | |
distribution, | 39 | 119 | ...
| | |
Elephant stealers to be impaled, | 74 | 273 | ...
| | |
Evidence, when not to be given, | 23 | 52 | ...
| | |
| | |
F. | | |
| | |
Fabrication of royal grant, fineable, | 78 | 295 | ...
| | |
False weight, fine for declaring, | 71 | 262 | ...
| | |
Ferry-man, levying land-toll, fineable, | 72 | 263 | ...
| | |
Fighting-games, wagers at, rules as to, | 61 | 203 | ...
| | |
Fines, highest, medium, lowest, | 8 | 365 | ...
| | |
Food, unfit, graduated fines for giving, | 78 | 296 | ...
| | |
Fraudulent buying or selling, | 72 | 262 | ...
| | |
| | |
G. | | |
| | |
Gambling, rules respecting, | 60 | 199-203 | ...
| | |
_Gándharva_ marriage, | 41 | ... | 150
| | |
Gifts, not subject to distribution, | 39 | 118-123 | ...
| | |
" of what properly permitted, | 54 | 175 | ...
| | |
" how to be accepted, | 54 | 176 | ...
| | |
Girl's son, | 42 | 129 | ...
| | |
_Gráma_, | 52 | 167 | 219
| | |
Grandsons inherit per stirpes, | 39 | 120 | ...
| | |
_Guru_ described, | 29 | ... | 113
| | |
| | |
H. | | |
| | |
Half-brothers, reunited, inherit, | 45 | 139 | ...
| | |
Heirs, who, where no male issue, | 43 | 135 | ...
| | |
" of hermit, } | | |
| | |
" of ascetic, } | | |
| | |
" of professed _brahmachári_, } | 45 | 137 | ...
| | |
Herdsmen, how punishable for cattle-trespass,| 51 | 161 | ...
| | |
" duty of, | 52 | 164 | ...
| | |
" consequence of loss by fault of, | 52 | 115 | ...
| | |
Hermit, heirs of, | 45 | 137 | ...
| | |
Hirer for transport of goods, breach of | | |
contact by, | 60 | 198 | ...
| | |
Honor, gradations of, | 4 | 116 | ...
| | |
Horse-stealers, to be impaled, | 74 | 273 | ...
| | |
House-breakers, to be impaled, | 74 | 273 | ...
| | |
House, dwelling, casting noxious things | | |
into, fineable, | 64 | 224 | ...
| | |
| | |
I. | | |
| | |
Idiot, to be maintained, | 46 | 140 | ...
| | |
Impotent, to be maintained, | 46 | 140 | ...
| | |
Incendiaries, to be burned, | 75 | 282 | ...
| | |
Indorsement of payment on document, | 33 | 93 | ...
| | |
Injury to cattle, | 65 | 225,26 | ...
| | |
" to trees, shrubs, &c., | 65 | 227-29 | ...
| | |
Instigator of _sáhasa_, | 35 | 231 | ...
| | |
Instruments (documents), holograph need | | |
not be witnessed, | 32 | 89 | ...
| | |
" destroyed, to be renewed, | 33 | 91 | ...
| | |
" authenticity of, how ascertained,| 33 | 92 | ...
| | |
" classed, | 33 | ... | 128
| | |
Interest, what chargeable, | 19 | 37-39 | ...
| | |
Investiture of the twice-born, | 4 | 14 | ...
| | |
| | |
J. | | |
| | |
Joint traders, law as to, | 71 | 259,60 | ...
| | |
Judges, appointment of, | 9 | 2 | ...
| | |
" corrupt, to be amerced, | 9 | 4 | ...
| | |
| | |
K | | |
| | |
_Karvaṭa_, a sudder station, | 52 | 167 | 219
| | |
_Káya_ marriage, | 41 | ... | 150
| | |
Killing, fine for, | 75 | 277 | ...
| | |
King's wife, punishment for adultery with, | 75 | 282 | ...
| | |
| | |
L. | | |
| | |
Law, what it is, exemplified, | 3 | 6 | ...
| | |
" its root or evidence, | 3 | 7 | ...
| | |
" by whom to be declared, | 3 | 9 | ...
| | |
Limitation of suit, | 15 | 24,5 | ...
| | |
Loss on metals by action of fire, | 54 | 178 | ...
| | |
" or increase in weight, of wool, etc., | | |
by working, | 55 | 179,80 | ...
| | |
" how to be made good by artisans, | 55 | 181 | ...
| | |
Lost property, as to finding of, | 18 | 33-35 | ...
| | |
" " how claimed, | 53 | 171 | ...
| | |
Lost property, clandestine recovery of, | | |
punishable, | 53 | 172 | ...
| | |
" " when found by public officers | | |
must be claimed, | 53 | 173 | ...
| | |
" " if animal, what impost | | |
payable by owner, | 54 | 174 | ...
| | |
| | |
M. | | |
| | |
Madmen do not inherit but to be maintained, | 46 | 140 | ...
| | |
_Mantras_, necessary to rites of twice-born, | 4 | 10 | ...
| | |
Marriage, differing forms of, | 41 | ... | 150
| | |
Marriage-gift not subject to partition, | 38 | 118 | ...
| | |
Meat, tainted, punishment for selling, | 78 | 297 | ...
| | |
Miscellaneous offences, | 60 | 232-50 | ...
| | |
Monarch, his daily duties, | 5 | 326 | ...
| | |
" how he should deal with a newly | | |
subjugated territory, | 5 | 342 | ...
| | |
" his duty to punish wrong-doers, | 5 |353,357,8 | ...
| | |
" to investigate law suits with the { | 6 | 359 | ...
| | |
judges, { | 9 | 1 | ...
| | |
" to set right those who err, | 6 | 360 | ...
| | |
" when should annul decisions, | 18 | 31 | ...
| | |
" to fix prices, receiving a twentieth,| 70 | 253-261 | ...
| | |
" his retribution for an unjust fine, | 80 | 307 | ...
| | |
Mother's share on partition among sons, | 40 | 123 | ...
| | |
_Munis_, what, two classes of, | 1 | ... | 1
| | |
Murder, investigation into, | 75 | 280 | ...
| | |
" and theft, village &c. responsible | | |
for, | 73 | 271,2 | ...
| | |
Murderers, violent, to be impaled, | 74 | 273 | ...
| | |
| | |
N. | | |
| | |
_Nagara_, | 52 | 167 | 219
| | |
_Nikshepa_ deposit, not to be used, | 26 | 67 | ...
| | |
| | |
O. | | |
| | |
Ordeals, to be resorted to where proof | | |
wanting, | 14 | 22 | ...
| | |
" used for exculpation when agreed on,| 34 | 95,6 | ...
| | |
_viz._, scales, hot iron, water, | | |
poison, described, | 35 | 97-113 | ...
| | |
Orders or periods of life of the twice-born, | 1 | ... | 13
| | |
| | |
P. | | |
| | |
_Paiśácha_ marriage, | 41 | ... | 150
| | |
Partition, during father's lifetime, | 37 | 114-16 | ...
| | |
" after decease of parents, | 38 | 117-126 | ...
| | |
Partners for profit, rules for guidance of, | 72 | 265 | ...
| | |
Pasture-ground, village, how allotted, | 52 | 166 | ...
| | |
Payment of debt, how to be evidenced, | 33 | 93,4 | ...
| | |
Plaint, cause of action in, not to vary from | | |
original statement, | 10 | 9 | ...
| | |
Plaintiff, how to proceed in a suit, | 10 | 5-8 | ...
| | |
Pleadings in a suit, | 10 | 6,7 | ...
| | |
Pledges, law of, | 24 | 58-67 | ...
| | |
_Práyaschitta_, _Introd._ | x | ... | ...
| | |
Prescription or usucapion, law of, | 15 | 24-28 | 25-34
| | |
Prices, regulated by the sovereign, | 69 | 251 | ...
| | |
" process to determine, | 70 | 253 | ...
| | |
Priority, its importance in gifts, pledges | | |
and sales, | 15 | 23 | ...
| | |
Procedure, the four steps in, | 10 | 5-8 | ...
| | |
Profits, how calculated, | 69 | 251,2 | ...
| | |
Prohibited articles, forfeited if sold, | 71 | 261 | ...
| | |
Proof, absence of, fatal to suit, | 14 | 19 | ...
| | |
" of part sometimes sufficient, | 14 | 20 | ...
| | |
" of three kinds, | 14 | 22 | ...
| | |
Property, how divided, | 38 | 117-126 | ...
| | |
" stolen, cannot pass by sale, | 52 | 168 | ...
| | |
" lost or stolen, how to be dealt | | |
with, | 53 | 169 | ...
| | |
" lost, claim to, how supported, | 53 | 171 | ...
| | |
" of one dying in foreign country, | | |
succession to, | 72 | 264 | ...
| | |
Punishment, a monarch's duty, | 5 | 353 | ...
| | |
" Brahmá created in form of, | 5 | 353 | ...
| | |
" impartiality in, | 5 | 357 | ...
| | |
" how apportioned, | 8 | 366,7 | ...
| | |
Purchase, time allowed for trial of different| | |
articles on, | 51 | 177 | ...
| | |
Purchaser cannot recede from his bargain, | 70 | 258 | ...
| | |
Purloiners and cut-purses how to be treated, | 74 | 274 | ...
| | |
_Puttriká-suta_, | 41 | ... | 151
| | |
| | |
| | |
R. | | |
| | |
_Rákshasa_ marriage, | 41 | ... | 150
| | |
Realm, why called seven-limbed, | 5 | 352 | ...
| | |
Receipt to be given for payments, | 33 | 93 | ...
| | |
Reunited sharers, as to partition among, | 45 | 138,9 | ...
| | |
Rites of the twice-born, | 4 | 10 | ...
| | |
Rituals of younger brothers and sisters | | |
to be completed by the elder, | 40 | 124 | ...
| | |
| | |
S. | | |
| | |
_Sáhasa_, | 65 | 230 | ...
| | |
Sale and purchase, rules as to, | 70 | 246-258 | ...
| | |
_Śástras_, _Dharma_, promulgators of, | | |
_Introd._ | v & 2 | 4,5 | ...
| | |
Self-acquired property not divisible on | | |
partition, | 38 | 118 | ...
| | |
Seller failing to deliver pays damage, | 70 | 254 | ...
| | |
" of lost or stolen property, | 53 | 169,70 | ...
| | |
Separation of a brother not desiring to share|, 37 | 116 | ...
| | |
Servant, inattentive, how master may treat, | 59 | 195 | ...
| | |
Sisters, rituals of, to be performed by | | |
brothers, | 40 | 124 | ...
| | |
Slavery and servitude, analysis of, | 56 | ... | 239
| | |
" when redemption from, a right, | 55 | 182 | ...
| | |
" to be in the order of casts, | 56 | 183 | ...
| | |
_Smriti_, | 3 | 7 | 9
| | |
Sodomy | 77 | 293 | ...
| | |
Sons, description of the twelve, | 40 | 128-132 | ...
| | |
" the first in order to be heir, | 43 | 132 | ...
| | |
" of a slave-mother by a Śúdrá, | 43 | 133 | ...
| | |
" by mothers of different cast, how | | |
to share, | 40 | 125 | ...
| | |
" lawfully begotten on another's wife, | 40 | 127 | ...
| | |
Special pleading, | 11 | 17 | 17
| | |
_Śruti_, | 3 | 7 | 9
| | |
Stolen property, monarch to restore, | 19 | 36 | ...
| | |
_Stridhana_, definition of, | 46 | 143 | ...
| | |
| | |
" succession to, | 38 | 117 | ...
| | |
" where no issue, | 47 | 145 | ...
| | |
" when may be appropriated by | | |
husband, | 47 | 147 | ...
| | |
Subornation, | 31 | 81 | ...
| | |
Śúdrá, son of, on a slave, | 43 | 133 | ...
| | |
Sureties, by parties to a suit, | 11 | 10 | ...
| | |
" who may not be, | 23,67 | 52,239 | ...
| | |
" for what may be given, | 23 | 53 | ...
| | |
" when sons of, liable, | 23 | 54 | ...
| | |
" liabilities and reimbursement of, | 23 | 55,6 | ...
| | |
| | |
T. | | |
| | |
Theft, when village governor &c. liable | | |
if not traced, | 73 | 271,2 | ...
| | |
" punishment of, variations in, | 74 | 273-5 | ...
| | |
" accessory after, | 74 | 276 | ...
| | |
Thief, capture of, on suspicion, | 72 | 266-9 | ...
| | |
Threats of injury, | 62 | 208,9 | ...
| | |
Title and possession, | 17 | 27-29 | ...
| | |
Traders, | 68 | 244-262 | ...
| | |
Treasure found, how appropriated, | 19 | 34,5 | ...
| | |
" " concealment of, punishable, | 19 | 35 | ...
| | |
Twice-born man, may appropriate grass, fuel, | | |
and flowers, | 52 | 166 | ...
| | |
" " why so called, | 4 | 39 | ...
| | |
| | |
U. | | |
| | |
Untruth in testimony to save life, how | | |
atoned for, | 31 | 83 | ...
| | |
_Upanidhi_, | 26 | 65 | ...
| | |
Usage, when argument founded on, of force, | 14 | 21 | ...
| | |
Use or hire of various things, what to be | | |
given for, | 24 | 57 | ...
| | |
Uterine brothers, their preferable position, | 45 | 138,9 | ...
| | |
| | |
V. | | |
| | |
Violent aggression or _Sáhasa_, | 66 | 230 | ...
| | |
Violence on female slaves, | 77 | 291 | 277
| | |
Virgin, abduction of, | 76 | 287 | ...
| | |
" ravishing, | 77 | 288 | ...
| | |
_Vyavahára_, _Introd._ | x | ... | ...
| | |
| | |
W. | | |
| | |
Wager, collateral to suit, enforced, | 13 | 18 | ...
| | |
" at fighting games, rules as to, | 61 | 203 | ...
| | |
Well, digging of, encouraged, | 50 | 156 | ...
| | |
Weights, tables of, | 6,7 | 361-4 | 29
| | |
" false declaration of, penalty for, | 71 | 262 | ...
| | |
Widow, whoever takes, must pay former | | |
husband's debts, | 22 | 51 | ...
| | |
Wife's share, on partition by her husband | | |
among his sons, if no _stridhana_, | 37 | 115 | ...
| | |
Wife, _Dharma_, | 41 | ... | 150
| | |
Wife's son, | 41&46 | 128&141 | ...
| | |
Wives of those disqualified to inherit, | 46 | 142 | ...
| | |
Wife, superseded, how compensated, | 48 | 148 | ...
| | |
Witness, when one sufficient, | 28 | 72 | ...
| | |
" contumacious, | 30 | 76,78 | ...
| | |
" false, | 31 | 81 | ...
| | |
" when permitted to speak untruth, | 31 | 83 | ...
| | |
" when permitted to equivocate, | 31 | ... | 121
| | |
" who proper to be, | 27 | 68-9 | ...
| | |
" who admissable as, | 28 | 70-1 | ...
| | |
" exceptions to incompetency of, | 28 | 72 | ...
| | |
" how to be warned by the judge, | 29 | 73-5 | ...
| | |
" how to test credit of, | 30 | 78-80 | ...
| | |
Women, crimes of, | 75 | 278,9 | ...
| | |
" vilifying, | 77 | 289 | ...
| | |
" public, | 77 | 292 | ...
| | |
Workman, deserting his work, | 59 | 193 | ...
| | |
" to have charge of the implements, | 59 | 193 | ...
| | |
" hire of, terms of, to be | | |
pre-arranged, under penalty, | 59 | 194 | ...
| | |
" how to be paid where two employed, | 59 | 196 | ...
| | |
Wounding, punished by the highest fine, | 75 | 277 | ...
| | |
| | |
Y. | | |
| | |
_Yájnavalkya_, data for fixing when his code | | |
promulgated, _Introd._ | x | ... | ...
| | |
_Yogís_, | 1 | ... | 1
| | |
___________________________________________________________________________
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