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Introduction to NArada xi 

Abbreviations xxiii 

Narada i 

The Author's Preface i 

Introduction. I. Legal Procedure 5 

II. The Plaint 24 

III. Courts of Justice .... 36 
First Title of Law. The Law of Debt . . -41 

1. Payment of a Debt 41 

2. Valid and Invalid Transactions .... 49 

3. Property 52 

4. Means of Livelihood for a Brahman in Times of 

Distress 55 

5. Modes of Proof 58 

6. Lending Money at Interest 65 

7. Usurers 68 

8. Sureties 70 

9. Pledges 72 

10. Documents 75 

11. Witnesses 79 

12. Incompetent Witnesses 82 

1 3. Six Cases where Witnesses are unnecessary . . 85 

14. False Witnesses 86 

15. Exhorting the Witnesses 91 

16. Valid Evidence 95 

1 7. Invalid Evidence 96 

18. What has to be done in default of both Witnesses 

and Documents 96 

19. Proof by Ordeal 100 

20. The Ordeal by Balance 102 

21. The Ordeal by Fire 108 

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22. The Ordeal by Water in 

23. The Ordeal by Poison -114 

24. The Ordeal by Sacred Libation . .116 

25. The Rice Ordeal 118 

26. The Ordeal of the Hot Piece of Gold . .119 
Second Title of Law. Deposits .... 120 

Third Title of Law. Partnership 124 

Fourth Title of Law. Resumption of Gift . . .128 
Fifth Title of Law. Breach of a Contract of Service . 131 
Sixth Title of Law. Non-payment of Wages . -139 
Seventh Title of Law. Sales Effected by Another than 

the Rightful Owner 144 

Eighth Title of Law. Non-delivery of a Sold Chattel . 146 

Ninth Title of Law. Rescission of Purchase ~. . 149 

Tenth Title of Law. Transgression of a Compact . 153 
Eleventh Title of Law. Boundary Disputes . .155 
Twelfth Title of Law. The Mutual Duties of Husband 

and Wife 164 

Thirteenth Title of Law. The Law of Inheritance . 188 

Fourteenth Title of Law. Heinous Offences . . 202 
Fifteenth and Sixteenth Titles of Law. Abuse and 

Assault 207 

Seventeenth Title of Law. Games . . .212 

Eighteenth Title of Law. Miscellaneous . . .214 

Appendix. Theft 223 

Quotations from NArada 233 

I. Judicial Procedure 233 

II. The Plaint 235 

III. The Answer 239 

IV. Writings and Possession 242 

V. Witnesses 244 

VI. Ordeals 247 

VII. Miscellaneous Laws 263 

Introduction to the Fragments of B^/haspati . .271 

Btf/HASPATi 277 

I. Constitution of a Court of Justice 277 

IL General Rules of Procedure . . . . . 282 

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III. The Plaint 289 

IV. The Answer 292 

V. The Trial 294 

VI. The Judgment 297 

VII. The Witnesses 299 

VIII. Documents 304 

IX. Possession 309 

X. Ordeals 315 

XI. The Law of Debt 319 

XII. Deposits 332 

XIII. Sale without Ownership 334 

XIV. Concerns of a Partnership 336 

XV. Resumption of Gifts 341 

XVI. Master and Servant 343 

XVII. Violation of Agreements 346 

XVIII. Rescission of Purchase and Sale .... 350 

XIX. Boundary Disputes 351 

XX. Defamation 355 

XXI. Assault 357 

XXII. Robbery and Violence 359 

XXIII. Adultery 365 

XXIV. Duties of Man and Wife 367 

XXV. The Law of Inheritance 369 

XXVI. Gambling and Betting 385 

XXVII. Miscellaneous 386 

Addekda 391 

Transliteration of Oriental Alphabets adopted for the 

Translations of the Sacred Books of the East . .393 

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THE Narada-smre'ti or Naradlya Dharmaj&stra first 
Supposed origin attra cted attention nearly a century ago by 
of the Code of being quoted in the Preface to Sir W. 
anu ' Jones's celebrated translation of the Code 

of Manu. What caused it to be brought before the notice 
of the learned world, was its bearing on the origin and 
history of the authoritative law-book of ancient India. 
The statements extracted by Sir W. Jones from the 
opening chapter of Narada's law-book require some 
modification at present, as he was not acquainted with 
the larger and more authentic of the two versions of 
Narada's work, which is now translated. It appears from 
the present work (pp. 1-4) that Narada, the reputed com- 
piler of the Naradlya Dharmajastra, refers to four, instead 
of three, successive versions of the Code of Manu, in 
100,000 jlokas or 1,080 chapters, in 1 3,000, 8,000, and 4,000 
dokas. The authorship of these four versions is assigned, 
respectively, to Manu, Narada, Markarafeya, and Sumati, 
the son of Bhr/gu, and the Narada-smrt'ti is described as 
an abridgment, made by Narada, of the ninth or Vyavahara 
(legal) chapter of the original Code in 100,000 jlokas. The 
first part of Narada's abridgment of the ninth chapter of 
Manu's Code is designed as a matr*ka or vyavahara- 
matrika, 'summary of proceedings-at-law ' or 'general 
rules of procedure.' 

Though the mythical nature of the Preface to the Narada- 

Expfenation of smrz'ti is sufficiently apparent, some facts 

the legend. which recently have come to light impart a 

higher degree of probability to the alleged connexion between 

Manu and Narada, than was formerly allowed by myself. 

Thus the contents of Narada's Preface to his Smr/ti appear 

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to have been known to such an early author as Medhatithi, 
who quotes it, rather loosely it is true, in his Commentary 
on the Code of Manu, where he says that ' this work, con- 
sisting of one hundred thousand (jlokas), was composed by 
Pra^apati and abridged successively by Manu and the 
rest V This goes far to prove that the Preface to the 
Narada-smrzti had attained notoriety as early as the ninth 
century A. D., and must be nearly or quite as old as the 
remainder of the work. The antiquity of the account 
given by Narada of the origin and history of the principal 
code of ancient India is supported to some extent by the 
Pauramk statement regarding four successive remodellings 
of the original composition of Svayawbhuva (Manu), by 
Bhrzgu, Narada, Bnhaspati, and Aiigiras 2 , and by a curious 
tradition preserved in the Mahabh&rata, to the effect that 
the original Dharmajistra, produced by Brahman in 100,000 
chapters, was successively reduced to 10,000, 5,000, 3,000, 
and 1,000 chapters by .Sawkara, Indra, Brehaspati, and 
Kavya 8 . What is more, in a colophon of the ancient 
Nepalese MS. of the Narada-smriti, that work is actually 
designed as the Manava Dharmajastra in the recension of 
Narada (manave dharmajastre naradaproktaya** sawzhita- 
yam), just as the Code of Manu in the colophons is usually 
called the Manava Dharmajastra in the recension of Bhrigu 
(manave dharmajastre bhrt'guproktayaw* sawhitayam, or 
manave dharmajastre bhrz'guprokte). Again, the chapter 
on theft (£aurapratishedha), which has come to light in 
Mr. Bendall's Nepalese Palm-leaf MS. of Narada, and in 
a Nepalese paper MS. recently discovered by the same 
scholar, forms an appendix to the body of the Narada- 
smriti, exactly in the same way as an analogous chapter 
on robbery and other criminal offences is tacked on at the 
close of the eighteen titles of law in the Code of Manu, 
IX, 252-293. It also deserves to be noted, perhaps, that 
the Dhamathats of Burma, while professing to be founded 

1 Manu/tkasangraha, p. 39, gloss on Mann I, 58 ; BUhler, Sacred Books of 
the East, vol. xxv, p. xv. 
' Mandlik's Hindu Law, p. xlvii. 
' Mahabharata XII, 59, 22, and 80 foil. ; BUhler, ibid. p. xcvi. 

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on the laws of Manu, contain several rules and maxims 
which may be traced to the Narada-snw'ti, whereas they 
do not occur in the Code of Manu '. 

Although, therefore, there appears to be an element of 
Mann anterior truth in Nlrada's account of the history of 
to Narada. t jj e Code of Manu, and of his own Smn'ti, 
there can be no doubt that the actual position of the two 
works has been inverted by him. The composition of 
Bhr*gu, or of Sumati, the son of Bhr/gu, i.e. the now 
extant Code of Manu, is not posterior, but decidedly 
anterior, in date to the Narada-smrtti, as may be gathered 
easily from a comparison of both works. Thus e.g. Narada 
mentions twenty-one modes of acquiring property, fifteen 
sorts of slaves, fourteen species of impotency, three kinds 
of women twice married, and four kinds of wanton women, 
twenty women whom a man must not approach, thirty-two 
divisions of the law of gift, eleven sorts of witnesses, five or 
seven ordeals, four or five losers of their suit, two kinds 
of proof and two kinds of documents, seven advantages 
resulting from a just decision, eight members of a lawsuit, 
one hundred and thirty-two divisions of the eighteen 
principal titles of law. The first germs of some of these 
theories may be traced to the Code of Manu, and it is 
interesting to note how these germs have been developed 
by Narada. As a rule, his judicial theories show an 
infinitely advanced stage of development as compared to 
Manu's, and his treatment of the law of procedure, in 
particular, abounding as it does in technical terms and nice 
distinctions, and exhibiting a decided preference for docu- 
mentary evidence and written records over oral testimony 
and verbal procedure, exhibits manifest signs of recent 

An analogous inference may be drawn from the fact that 

Na^da acquainted Narada was apparently acquainted with a 

with the Code work either identical with, or closely allied 

to, the now extant Code of Manu. His 

analysis of the contents of the original Code composed by 

Manu in 100,000 jlokas corresponds in the main to the topics 

1 Forchhammer, The Jardine Prize Essay, pp. 54-58. 

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treated in that work as it now stands. He quotes the open- 
ing verse of the original gigantic work of Manu, and it is a 
remarkable coincidence that this verse agrees with Manu I, 
5, 6, i.e. with the actual exordium of the Code of Manu, as 
vv. 1-4 serve as an introduction only, and may be a subse- 
quent addition. Forensic law is alleged to have formed the 
subject of the ninth chapter of the original composition of 
Manu. In the Code of Manu, law and judicature are dis- 
cussed in the eighth and ninth chapters. The twenty-four 
chapters, divided into one thousand and eighty, i. e. 45 x 24 
sections, of the original Code, seem to represent double 
the twelve chapters of the Code of Manu. On the other 
hand, Sumati, the son of Bhriga, who is alleged to have 
reduced the original Code of Manu to its present size, and 
to have produced the law-book now current among man- 
kind, may be identified with BhWgu, the supposed author 
of the actual Manu-smrtti ; and the number of 4,000 jlokas, 
which is assigned to his composition, may be taken to be a 
rough statement of the actual extent of the Manu-smrz'ti, 
which in reality runs up to 2,685 dokas only. 

A consideration of these facts leaves but little. doubt that 
the compiler of the Ndrada-smr/ti, whoever he was, must 
have been acquainted with a work closely akin to the now 
extant Manu-smnti. This is so much the more probable 
because several of his references to the authoritative 
enunciations of Manu may be actually traced to the Manu- 
smrj'ti \ and because a number of verses either occurring in 
the MSS. of the Narada-smWti, or attributed to him by 
the digest-writers, recur in the Code of Manu. 

However, though acquainted with the Code of Manu, the 
„. so-called Narada was far from offering a 

Discrepancies ° 

between Manu mere slavish reproduction of its doctrines 

and Ndrada. m h j s Qwn WQrk 0n ^ contrarV) fa 

Narada-smrzti must be considered as an independent, and 
therefore specially valuable, exposition of the whole system 
of civil and criminal law, as taught in the law schools of the 
period. It is in fact the only Smrzti, completely preserved 

1 See e. g. Appendix 26 (p. 227) and Manu VIII, 320 ; Appendix 34 (p. 228) 
and Manu VIII, 334; Appendix 36, 37 (p. 228) and Manu VIII, 124, 125. 

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in MSS., in which law, properly so-called, is treated by 
itself, without any reference to rules of penance, diet, and 
other religious subjects; and it throws a new and an 
important light on the political and social institutions of 
ancient India at the time of its composition. Several of 
the doctrines propounded by Narada are decidedly opposed 
to, and cannot be viewed in the light of developments from, 
the teaching of Manu. Thus e.g. Narada advocates the 
practice of Niyoga, or appointment of a widow to raise 
offspring to her deceased husband ; he declares gambling 
to be a lawful amusement, when carried on in public 
gaming-houses ; he allows the remarriage of widows ; he 
virtually abrogates the right of primogeniture by declaring 
that even the youngest son may undertake the management 
of the family property, if specially qualified for the task ; 
he ordains that, in a partition of the family property, the 
father may reserve two shares for himself, and that, in the 
case of a partition after his death, the mother shall divide 
equally with the sons, and an unmarried sister take the 
same share as a younger son ; he lays down a different 
gradation of fines from those laid down by Manu, &C 1 
It may be argued that Narada would not have ventured 
Their probable to differ from the Code of Manu on such 
origin. essential points as these, unless he had found 

good authority for doing so in other early works or dicta 
attributed to the primeval legislator of India, and that this 
fact furnishes another reason for attaching some credit to 
what Narada relates of the original Code in 100,000 verses, 
and of its successive abridgment. Thus much is certain, 
that a great many floating proverbs and authoritative 
enunciations of Manu and of VWddha or Brman-Manu 
must have existed by the side of the Code of Manu in the 
times of Narada as well as before and after his period, when 
they were quoted in the Mahabharata* and in the Com- 

1 See the foot-notes, passim. 

• See Narada XII, 80-88, and Mann IX, 65-68 ; Narada XVII, 1-8, and 
Mann IX, 221-228; Narada XII, 97, and Mann V, 162; Narada XIII, 5, 
and Mann IX, 105-109; Nirada XIII, 13, 14, and Manu IX, 104, 131; 
Nirada, Appendix 30, 31, and Mann VIII, 138. 

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mentaries and Dharmanibandhas from Medhatithi's Manu- 
bhashya down to Gagannatha's Digest, translated by Cole- 
brooke. The compiler of the Narada-smr*ti may have 
incorporated a number of these dicta in his own com- 
position. At the same time, it is far from improbable that 
a work on law, called the Code of Manu in the version of 
Narada, may have existed by the side of the celebrated 
Code of Manu in the version of Bhr/gu, and that the 
unknown compiler of the Narada-smre'ti may have utilised 
that work for his own composition, and enhanced the value 
and authority of the latter by referring to, and arranging in 
his own way, the reports current with regard to Manu and 
Narada. The precise nature of the origin of such a work 
as the Narada-smrtti must needs remain a matter for 
speculation ; but it certainly was an established practice 
with Sanskrit writers to graft their own compositions on 
earlier works attributed to fabulous personages of the 
heroic age of India, and indeed to fabricate an authority of 
this kind for the productions of their own pen. 

The probable date of the Code of Manu may be turned 
Date of the to account for determining the date of the 
Narada-smnti. Narada-smWti ; just as the presumable date 
of the latter work has been used in its turn for fixing the 
chronological position of Manu. The composition of the 
two works is separated, apparently, by a considerable 
interval of time. If, therefore, the date of Manu has been 
rightly placed between the second centuries B.C. and 
A.D. by Professor Biihler 1 , it would seem to follow that 
the Narada-smr/ti can hardly belong to an earlier period 
than the fourth or fifth century A. D. The same con- 
clusion may be arrived at by other, and independent 
Thus the Narada-smrfti agrees on many important 
Compared with points, especially in the law of evidence, 
other Smn'tU, w j t h t h e Dharmarastras or Smr/tis of 
Ya^wavalkya, Vish«u, Brzhaspati, Katyayana, and Vyasa. 
It may be a little older than the three last-named works, 

* Loc cit. p. xcvii. 

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which belong to the latest productions of the Smrz'ti epoch 
of Hindu Law, but its legal rules and judicial theories have 
a decidedly more advanced character than either Vishwu's 
or Ya£-«avalkya's. The SnWti of Vishwu cannot belong to 
an earlier period than the third century A. D. *, and the 
Yi£-«avalkya Smrz'ti is not likely to be anterior to it in date 2 . 

Again, the judicial trial which is described in the wetl- 
and with the drama known drama Mrikk/takatikiL corresponds 

Mr«'AMaka/ika. j n a u essential features to the rules laid 
down in Narada's chapter on ' The Plaint 3 .' If, then, 
the Naradiya Dharmarastra and the Mrikkftakatikd. are 
contemporaneous productions, we have a further reason for 
assigning the composition of the former work to the fifth 
or sixth century A. D. It may also be noted that Narada 
(XII, 74) regards sexual intercourse with a female ascetic, 
pravra^ita, as a kind of incest. In the earlier Indian 
dramas likewise, such as Kalidasa's Malavikagnimitra and 
-S'fldraka's Mrz£Maka/ika, the position of nuns and monks 
is highly dignified. 

Last, not least, the European term Dinara, i. e. denarius 

™. ™, « or bnvapiov, which is so important for 

The term Dtnara. > -r > r 

the purposes of Indian chronology, occurs 
repeatedly in the Narada-smrtti. In the first passage 
(Introd. II, 34, p. 3a), Dinaras are mentioned among other 
objects made of gold, and it would seem that a gold coin 
used as an ornament is meant, such as e. g. the necklaces 
made of gold mohurs, which are being worn in India at the 
present day. 'A string of Dinaras' (dinara- malaya) used 
as a necklace occurs in a well-known Jain work, the 
Kalpa-sutra of Bhadrabahu *. It is, however, possible that 
the 'Dinaras or other golden things' may be gold coins 
simply, and that Narada means to refer to forged or other- 
wise counterfeit coins. The second passage (Appendix v. 60, 
p. 232) is specially valuable, because it contains an exact 

1 Sacred Books of the East, vol. vii, p. xxxii. 
* Tagore Law Lectures, p. 49. 
' See, particularly, p. 27, note on 18. 

' See Dr. Jacobi's edition, par. 36 (p. 44), and the same scholar's translation 
of the Kalpa-s&tra, Sacred Books of the East, vol. xxii, p. 232. 

[33] b 

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statement of the value of a Dinara which, it says, is called 
a Suvarwa also. The reception of Dtnaras among the 
ordinary coins of that period shows that their circulation in 
India must have commenced some time before the Narada- 
smriti was written. The first importation of gold Dtnaras 
into India cannot be referred to an earlier period than the 
time of the Roman emperors, and the gold Dtnaras most 
numerously found in India belong to the third century A. D. 1 
The earliest reference to a Work called Naradtya 
References to Dharmarastra seems to be contained in a 
Narada. work of the sixth century, Ba«a's Kadam- 
bari 2 . Whether the compiler of the Pa«£atantra was ac- 
quainted with the Narada-snWti appears to be doubtful. 
The Pa«£atantra in Kosegarten's edition contains a legal 
text which is attributed to Narada, though it is not to be 
found in the Narada-sm«'ti. The standard Bombay edition 
of the Pam£atantra has that very text, but the name of 
Narada is omitted s . Medhatithi's Manubhashya, which 
seems to belong to the ninth century, contains several 
references to the Narada-snWti, and Asahaya, who appears 
to have preceded Medhatithi, is the reputed author of the 
ancient Commentary on it, which has largely been used for 
the present work *. 

These considerations tend to show that the composition 
„ . of the Narada-smnti cannot be referred to 


a more recent period than the fifth century 
A.D., or the sixth century at the very latest. Nor can it 
belong to a much earlier age than that This estimate of 
its age agrees with the results arrived at, thirteen years ago, 
from the very scanty data then available. 

1 Buhler, S. B. E., vol. xxv, p. cvii; West and Buhler, p. 48 ; Max Miiller, 
History of Ancient Sanskrit Literature, p. 345 ; Jolly, Tagore Law Lectures, 
p. 36 ; HSmle, Proceedings of the Seventh Congress of Orientalists, p. 134. 

* P. 91 in Peterson's edition. See Buhler, Sacred Books of the East, vol. xxv, 
p. cvii, note 1. 

5 See Kosegarten's Pafl^atantra III, 94 ; Bombay ed., Ill, 1. It is true that 
the two texts immediately preceding the text in question in the Pa/2£atantra 
may be compared with Narada XI, 2 and I, 5, 79. 

* The fact that Asahaya refers to a coin called dramma, i. e. the Greek 
8 />°xM. may be used for fixing the earlier limit of his date. 

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The present translation, unlike the Institutes of Narada 
previously published by myself (London, Triibner & Co., 
The present 1876), is based in the main on what may be 
translation. termed the large version of Narada, and 
accords throughout with the editio princeps of the 
Narada-snWti in the Bibliotheca Indica. The reasons 
which have induced me to consider the large version as the 
original and authentic composition of Narada, and to make 
it the basis of my edition of the Sanskrit text in the Biblio- 
theca Indica, have been stated in my volume of Tagore 
Law Lectures, pp. 54-56. In those parts of the work also 
where both versions agree, or where the only extant MS. of 
the large version is deficient and has to be supplied from the 
MSS. of the minor version, the present translation will be 
found to differ not inconsiderably from my previous render- 
ing of the ' Institutes of Narada.' The discovery of five 
valuable MSS. of the minor version, besides the three used 
in preparing the ' Institutes of Narada,' the recovery of 
Asahaya's ancient and valuable Commentary on the Narada- 
smrj'ti, and the dies diem docet have united to produce a 
considerable number of new results. Among the new MSS. 
discovered, the fifteenth-century Nepalese Palm-leaf MS. of 
Mr. Bendall is the most important, and has furnished an 
entire new chapter, the authenticity of which is proved by 
numerous references in the mediaeval and modern Digests 
of Law. The chapter in question has been termed an 
Appendix in the present work (pp. 223-233). It is found, 
likewise, in a Nepalese paper MS. of the minor version, 
discovered very recently by Mr. Bendall among the 
Nepalese MSS. of the British Museum, where it had been 
labelled wrongly as A'aurapratishedha. 

The Commentary of Asahaya, as far as it goes, has 
Asahaya and furnished the substance of the foot-notes 

Kaiya«abba//a. t th e present translation, in which it 
has been quoted constantly as 'A.' Asahaya was a 
standard writer in the province of Hindu Law, and his 
Naradabhashya is a very valuable production indeed. He 
shares with other early commentators of law-books the 
peculiarity of indulging every now and then in illustrations 


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xx nArada. 

taken from the every-day life of his period, which help to 
throw some light on the practical working of Indian Law 
in those times. As an instance of this tendency I would 
cite his remarks on a rule concerning liability for debts 
(pp. 43, 44). Of course it would be dangerous to trust his 
philological skill everywhere, and some of his interpreta- 
tions are decidedly artificial. What is worse, the Com- 
mentary of Asahaya has not been preserved in its original 
shape, but in a recast due to one Kalya«abha#a, whose 
name is entirely unknown to fame. It is just possible that 
Kalyawabhatfa, instead of confining his activity to sup- 
plying deficiencies and correcting mistakes in the copies 
of Asahaya's Commentary, may have inserted some new 
verses in the text of the N&rada-smr/ti as well. Such 
might be conjectured, for example, to be the origin of the 
four verses, Introd. I, 21-24 (pp. 9-13), which are quoted 
in none of the authoritative Digests, and objectionable as to 
grammar and metre. It should be remembered, however, 
that Kalyawabha/Za declares the original work of Asahaya 
to have been spoiled by negligent scribes, and so the 
grammatical blunders may be charged to their account. 

The latter half of Asah&ya's Commentary being lost, I 
had to avail myself for the corresponding portion of the 

Other auxiliary Nclrada-smrzti, of the glosses of other me- 
writings. diaeval writers, by whom the texts of NA- 
rada have been quoted and discussed a great deal. Their 
opinions have been adverted to very fully, in the chapter 
on inheritance especially, both on account of the practical 
importance of inheritance for the law-courts of modern 
India, and because each of the various schools of Sanskrit 
lawyers has been anxious to interpret the sayings of Na- 
rada to its own advantage. For the curious and some- 
what obscure disquisition on fourteen kinds of impotency 
(XII, 11-18, pp. 167-169), I have been able to use the 
advice of my late lamented friend Dr. Haas, the well-known 
student of Indian medical science. A somewhat analogous 
passage in the canonical literature of the Buddhists has 
been kindly pointed out to me by Mr. Rhys Davids 1 . 

1 Aullavagga X, 17, 1. See Sacred Books of the East, vol. xx, p. 349. 

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The sign of an asterisk (*) has been prefixed to those 
NSrada's repute texts of Narada which were found to be 
as a legal writer, quoted in one or several of the Sanskrit 
Commentaries or Digests of Law. The same method has 
been observed previously in the Bibliotheca Indica 
edition of the Sanskrit text, but a considerable number of 
quotations has come to light since then. The repute of 
Narada as a legal writer appears to have been so great 
that upwards of half his work has been embodied in the 
authoritative compositions of the mediaeval and modern 
writers in the province of Sanskrit law. 

Under the heading of Quotations from Narada, all those 
texts have been collected at the close of the present transla- 
' Quotations from tion which are attributed to Narada in one or 
Narada.' several of the Digests and Commentaries, 
without being traceable in the MSS. of the Narada-snwti. 
Between these quotations have been inserted, for the sake 
of completeness and in order to fill up the gaps between 
the single texts contained in the quotations, a number of 
unpublished texts from the MSS. of the minor version, and 
from the final chapter on Ordeals in the ancient Nepalese 
MS. of the Narada-smrtti x . A complete edition of that 
chapter will, I trust, be published by Dr. A. Conrady. The 
quotations have been taken from all the principal Sanskrit 
works on law, from Medhatithi's Manubhashya downwards. 
For a detailed statement of the particular work and chapter 
from which each text has been quoted, I may refer to the 
foot-notes. Most texts being quoted in more than one work 
at a time, it has not been thought necessary to give com- 
plete references to every such work in each particular case, 
but I have made a point of referring as much as possible to 
those law-books which exist in English, both for convenience 
of reference and in order to facilitate a comparison of the 
present translation with previous renderings of the texts of 
Narada. All the unpublished texts have been given in the 
foot-notes in the original Sanskrit, together with the names 
of the works from which they have been taken. The MSS. 

1 Regarding that chapter, see Preface to Narada-smrrii, pp. 6, 7. 

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xxii nArada. 

of these works were obtained principally from the India 
Office and Deccan College libraries ; for some of them I 
was able to use copies of my own. A peculiar source of 
difficulties lies in the fact that these works differ con- 
siderably as to the names of the authors of the single 
texts. Many texts were no doubt proverbial sayings, 
and appropriated therefore by several writers. In other 
cases, the mutually conflicting statements of various writers 
regarding the authorship of the texts may be attributed to 
carelessness. Grammatical blunders and faulty readings, 
as well as the varietas lectionis, have been referred to 
in important cases only. I subjoin a list of the abbrevia- 
tions used in the foot-notes to the present translation. 

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Apararka=Apardrka's Commentary on the Ya^flavalkya-smr/'ii, 
Deccan College MS. 

Apastamba, see Manu. 

Baudhlyana, see Manu. 

Col. Dig.=Colebrooke's Digest of Hindu Law (translation of 
Gaganndtha's work). 

Dayabhdga=Colebrooke's translation of the Ddyabhdga on Inheri- 
tance, or the Sanskrit text of the D., in the Calcutta edition of 

Ddyakramasangraha=Wynch's translation in Stokes's Hindu Law- 
Books, or the Calcutta edition. 

<?agannatha=(?agannatha'8 Vivddabhangdrwava (the work trans- 
lated by Colebrooke), Bengali MS. in my possession. 

Gautama, see Manu. 

/ M. or Mitdkshard=Mitdkshard, the Calcutta edition of the Vya- 
I vahdradhydya, or Colebrooke's version of the Mitdkshard on 

i Inheritance. 

I M. Macn.=Macnaghten's translation of the Mitdkshard on Ad- 
*■ ministration of Justice. 

Manu=the Code of Manu, ed. Jolly, London, 1887; or Professor 
Bfihler's translation of the same. For the principal editions and 
translations of Apastamba, Baudhdyana, and the other old law- 
books, I may refer to my volume of Tagore Law Lectures. 
May.=Mandlik's translation of the Vyavahdra Mayukha, in his 

Hindu Law, Bombay, 1880. 
May. (text)=Mandlik's edition of the same, ibid. 
Mayukha = the same work. 

Minor Ndrada= The Institutes of Ndrada, transl. by J. Jolly, London, 
1876; or the unpublished Sanskrit original of the same work. 

Narada=the present translation. 

Narada-smr*'ti=The Institutes of Ndrada, edited by J. Jolly, in 
the Bibliotheca Indica series. 

Nepalese Ndrada = Mr. Bendall's Nepalese Palm-leaf MS.of Ndrada. 
Raghunandana=Raghunandana's Vyavahdratattva, the Calcutta 

Ratn.=Vivdda Ratndkara, in the Bibliotheca Indica. 

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Smr»tii.=Deva»»abha//a!s Smmi^andrika, India Office MS. 
Smn'tiiandrild=the same, or the chapter on Inheritance, transl. 

by Iyer. 
Tod. or 7b</artnanda=VyavahSrasaukhya in Todzx Mall's Toda.r&- 

nanda, Deccan College MS. 
(Uncertain) = texts quoted as 'Smr/U' generally, without the name 

of the author being given. 
Vasish/Aa, see Manu. 

Viram.=Viramitrodaya, in Jib&nanda VidylsSgara's edition. 
Vishwu, see Manu. 

Viv.=Vivada£intSma«i, translated by Tagore, Calcutta, 1863. 
Vivada£intama»i=the Sanskrit text, Calcutta edition of 1837. 
V. T.=VMdataWava by Kamalakara, India Office MS. 
Vy. A r .=Vyavahdra^indma»i by VSiaspatinmra, DevanSgarf MS. 

in my possession. 
Ya##avalkya, see Manu. 

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i. Holy Manu, in order to promote the welfare 
of all beings, composed a book here, which was to 
become the foundation of the established rule of con- 
duct. It was made up of twenty-four sections, on 
(i) the creation of the world ; (2) the various kinds 
of living beings ; (3) the extent of the virtuous 

1. Regarding the historical value and bearing of this Preface, see 
Introduction. The table of contents, which is here given for the 
original Code of Manu, corresponds in the main to the contents of the 
now extant version of that work. Thus the creation of the world is 
treated of, Manu 1, 5-57 ; the various kinds of living beings, 1, 34-50; 
the virtuous countries, 11,17-23; the constitution of a judicial assem- 
bly, XII, 108-114 ; the performance of offerings, III, 69-286; IV, 
21-28, &c; established usage (Aiara), passim, all the multifarious 
rules of private morals and social economy falling under this head ; 
forensic law, chapters VIII and IX ; the extirpation of offenders, 
IX, 252-293; the mode of life of a king, chapter VII; the system 
of the four castes and four orders, I, 87-101 ; IX, 325-336, &c. ; 
marriage laws, III, 1-62 ; the mutual relations between husband 
and wife, IX, 1-103; the order of succession, IX, 103-220; the 
performance of obsequies, III, 122-286; rules of purification, V, 
57-146; rules of diet, V, 1-56; saleable commodities, and those 
which may not be sold, X, 85-94 ; the classification of offences, 
XI, 55-71; the twenty-one hells, IV, 88-90; penances, XI, 72- 
266. The Upanishads are frequently referred to, e.g. II, 165 ; VI, 
29. Secret or mysterious doctrines are e.g. those taught in the 
twelfth chapter of the Code of Manu. A somewhat analogous 
table of contents of the Code of Manu is given in that work itself, 
I, m-118. 

[33] U B 

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country; (4) the constitution of a judicial assembly; 
(5) the performance of offerings according to the 
Vedas and Vedarigas ; (6) established usage ; (7) 
forensic law ; (8) the extirpation of offenders ; (9) 
the mode of life of a king; (10, 11) the system of 
the (four) castes and (four) orders; (12) marriage 
laws; (13) the mutual relations between husband 
and wife; (14) the order of succession; (15) the 
performance of obsequies; (16) the elucidation of 
difficult points regarding purification; (17) the rule 
as to what may be eaten and what not ; (18, 19) the 
law regarding vendible commodities, and those which 
must not be sold ; (20) the various kinds of crime ; 
(21) heaven and hell; (22) penances; (23) the 
Upanishads ; (24) secret doctrines. 

2. Holy Manu, after having thus (composed) that 
(book) in a hundred thousand .riokas, and in one 
thousand and eighty chapters, delivered it to the 
divine sage Narada. He having learnt it from him, 
reflecting that a work of this kind could not be 
remembered easily by mortals on account of its size, 
abridged it in twelve thousand (rlokas) and delivered 
it to the great sage Markawdfeya. 

3. He having learnt it from him, and reflecting on 

2. The Manu who is referred to in this place is no doubt Manu 
Sviyawbhuva, or ' Manu sprung from the self-existent Being,' to 
whom the Code of Manu is said to have been revealed by Brahman ; 
see Manu I, 58. Narada is one of the seven principal i?/'shis. 
He is also reckoned among the Pra^tpatis, ' lords of creatures ' 
or 'creators,' and is viewed as the chief of heavenly musicians. 
Mirkawfeya is elsewhere called ' the long-lived,' and is celebrated 
for his austerities. He is the reputed author of a well-known 
Purina, called after him the Markanrfeya Pura«a. 

3. BhWgu, one of the great i?«shis of antiquity, is in the Code of 
Manu introduced as a son of Manu, and as the compiler of the 

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the (limited duration and) capacity of human life, 
reduced it to eight thousand (slokas), and delivered 
this (abridgment) to Sumati, the son of Bhrtgu. 

4. Sumati, the son of Bhrtgu, after having learnt 
(this book) from him and considered what human 
capacity had been brought down to through the 
(successive) lessening of life (in the four ages of 
the world), reduced it to four thousand (slokas). 

5. It is this (abridgment) which Manes and mortals 
read, whilst the gods, Gandharvas, and other (ex- 
alted beings) read in extenso-the (original) code, 
consisting of one hundred thousand (rlokas). There 
the first sloka. runs as follows : ' This universe was 
wrapped up in darkness, and nothing could be dis- 
cerned. Then the holy, self-existent Spirit issued 
forth with his four faces.' 

6. After this exordium, chapter follows chapter 

present version of the Code of Manu ; see Manu I, 35, 59, 60. 
The fact of his being mentioned here as the father of Sumati, the 
compiler of the final recension of the Code of Manu, renders it 
probable that this work may have closely resembled the now extant 
Code of Manu. However, the latter work has not more than 2684 
jlokas, instead of the 4000 attributed to the version of Sumati. 

4. As for the successive lessening of life, and general deteriora- 
tion of the world, in the four ages, Kr/'ia, TretS, DvSpara, and 
Kali, see Manu I, 81-86. 

5. A. observes expressly that the term 'there* refers to the 
original Code in 100,000 jlokas. The floka here quoted is 
nearly identical with Manu I, 5 a, 6 a. 

6. The "Mitrtki or 'Introduction' (compare divyam4tr*k&, a 
' general introduction to the law regarding ordeals,' in the Mitl- 
ksharS, p. 139) which is here attributed to Narada, appears to 
have formed part of the abridgment in 12,000 flokas, which was 
originally composed by him. It was composed in the Sutra style, i.e. 
it was made up of aphorisms. The xlokas are frequently designed 
as Sutras by the commentators of law-books. Supposing this 
work to have consisted of twelve chapters, like the present Code 

B 2 

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continuously. There the ninth chapter is headed, 
' Judicial Procedure.' There Narada, the divine 
sage, composed an Introduction in the Sutra style, 
as follows. It begins with the following sloka. 

of Manu, each chapter would have contained about iooo flokas. 
The Narada-smr/'ti actually has about iooo dokas. In the Code 
of Manu, forensic law is treated in the eighth and ninth chapters. 
The compiler of the present work declares his composition to be 
the ninth chapter of Narada's abridged version of the Code of 
Manu. In the above enumeration of twenty-four subjects treated 
in the original Code of Mar.u, judicial procedure is introduced as 
the seventh and eighth subject. This coincidence indeed might 
be accidental. 

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I. Legal Procedure. 

* i. When mortals were bent on doing their duty 
alone and habitually veracious, there existed neither 
lawsuits, nor hatred, nor selfishness. 

* 2. The practice of duty having died out among 
mankind, lawsuits have been introduced ; and the 
king has been appointed to decide lawsuits, because 
he has authority to punish. 

3. Documents and (the testimony of) witnesses are 
declared to be the two methods for clearing up 
doubtful matters, where two parties are quarrelling 
with one another. 

*4. Proceedings at law are of two kinds; attended 
by a wager, or not attended by a wager. A lawsuit 

I, 1. Where the sun shines, there is no shade. Where there is 
shade, there the sun does not shine. Similarly, where virtue reigns, 
there are neither lawsuits, nor hatred, nor selfishness. On the 
other hand, where these three are, there virtue is not to be found. 
A. The object of this introductory portion is to show how far 
judicial procedure is connected with Dharma ' Virtue,' or * Duty,' 
the principal subject of an Indian law-book. The VIramitrodaya 
and other compilations attribute a further hemistich to Nirada, in 
which the happy age here alluded to is referred to the period 'when 
Manu, the father of mankind, was reigning on earth.' 

3. Ya^fiavalkya II, as ; Vasish/fta XVI, 10; Vishmi VI, 23. 

4. ' A lawsuit attended by a wager' is where one of the parties 
promises in writing to pay a certain sum to the king, over and 
above the amount in dispute. ' A lawsuit not attended by a wager* 
is one devoid of a stipulation of this sort. Viramitrodaya. This 
is apparently the correct explanation. Asahaya observes that the 
amount staked may be much smaller than the amount in dispute. 

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6 nArada. 

attended by a wager is where (either of the two 
parties) stakes in writing a certain sum which has 
to be paid besides the sum in dispute (in case of 

5. In a lawsuit attended by a wager, he of the 
two who is cast must pay his stake and a fine when 
his defeat has been decided. 

* 6. The plaint is declared to be the essential part 
of a proceeding-at-law. If he succumbs with it, the 
defendant loses the whole suit If he can prove the 
charge, he gains the suit. 

* 7. Gatherings (kula), corporations (yrewi), assem- 
blies (ga«a), one appointed (by the king), and the 
king (himself), are invested with the power to decide 

Thus, although the sum in dispute be very considerable, one may 
stake two hundred Pa»as, or a hundred Panas, or fifty Pawas only. 

5. According to Asahaya, the wager must not be laid till the 
two first stages of the trial, the charge and the answer, are over. 
The wager may be laid either by the plaintiff or by the defendant 
The plaintiff, whose declaration has been refuted by the defendant, 
stakes a certain sum on the issue of the case. Or the defendant, 
after having denied the correctness of the charge,. stakes a certain 
sum on the correctness of his own statements, to be proved by the 
issue of the case. Asahaya does not say to whom the sum staked 
has to be paid in his opinion. It may be observed that, according 
to Burmese law, which is an offshoot of the early law of India, ten 
per cent, of the sum staked should be given to the judge and to the 
pleaders, and the remainder to the victorious party ; see Richard- 
son's Dhammathat, p. 73. Yi^navalkya II, 18 (see MitSkshara). 

6. Ya^wavalkya II, 8. 

7. Kula means an assemblage consisting of a few persons. 
Srcni denotes an assemblage of eminent merchants, &c. Gawa 
denotes a fellowship, such as e.g. the Brahman caste. A. Other 
commentators take kula to mean a family meeting; jre«i, a 
company of artizans ; gawa, an assembly of cohabitants. These 
three stages of private arbitration may be compared to the modern 
Panchayats of India. 

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lawsuits; and of these, each succeeding one is superior 
to the one preceding him in order. 

* 8. Judicial procedure has four feet, four bases, 
four means, it benefits four, reaches four, and pro- 
duces four results. This has been declared. 

* 9. It has eight members, eighteen topics, a 
hundred branches, three efficient causes, two modes 
of plaint, two openings, and two issues. 

* 10. Virtue, a judicial proceeding, documentary 
evidence, and an edict from the king are the four 
feet of a lawsuit. Each following one is superior 
to the one previously named. 

* 1 1. There virtue is based on truth ; a judicial pro- 
ceeding (rests) on the statements of the witnesses ; 
documentary evidence (rests) on declarations reduced 

11. Where both parties adhere strictly to truth in their statements, 
there is virtue or justice clearly enough, judicial procedure, written 
proof, and a royal edict being quite unnecessary in that case. 
Where either of the two parties is suspected to have made a false 
statement, judicial procedure has to be resorted to, which depends 
on the evidence given by witnesses. Documentary evidence 
(£aritra) is where the statements of witnesses are consulted, written 
in their own hand, on a leaf, or on birch-bark, or on a strip of 
rind, or some other writing material. That suit, however, which 
has been decided by an edict from the king himself, is superior to 
all the rest, according to the saying, ' What has been decided in a 
village, goes into the town. What has been decided in the town, 
goes before the king. What has been decided by the king, though 
wrongly decided, cannot be tried anew.' A. The term Mantra has 
been rendered in conformity with this interpretation, which is 
confirmed by the remarks of ATandcrvara on this jloka. Other 
commentators and several MSS. of the Narada-smnlti read svt- 
karane or pr&rnakarane for pustakarane. These commentators 
explain the term foritra in conformity with a text of Br/'haspati, 
' Whatever is practised by a man, proper or improper, in accordance 
with local usage, is termed £aritra (custom).' 

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8 nArada. 

to writing ; an edict (depends) on the pleasure of 
the king. 

* 1 2. Because the four means, of conciliation and 
the rest, are adopted, it is said to have four means. 
Because it protects the four orders, therefore it is 
said to benefit four. 

*I3. Because it affects criminals, witnesses, the 
assessors of the court, and the king, to the amount 
of one quarter each, therefore it is said to reach 

* 14. Because it produces these four, justice, gain, 
renown, and esteem among men, therefore it is de- 
clared to produce four results. 

* 15. Because it consists of these eight, the king, 

12. Because a lawsuit is decided by resorting, as the case maybe, 
to any one of the four means of success, viz. conciliation, division, 
bribery, and force, therefore it is said to have four means. Because 
it protects or guards the four castes and the four orders, therefore it 
is said to benefit four. A. The four orders are the four stages in 
the life of a twice-born man : student, householder, hermit, and 

13. If unjustly decided, it brings evil on the four persons men- 
tioned in this jloka. If justly decided, it confers good on 
them. A. 

15. The several functions of the eight (or ten) 'members' of a 
judicial proceeding are thus described in a jloka attributed to 
Br/haspati. ' The chief judge publishes the sentence. The king 
passes it. The assessors investigate the facts of the case. The 
law-book dictates the judgment, Le. the victory of the one party, 
and the fine imposed on the other party. Gold and silver serve the 
purpose of administering ordeals. Water is used for relieving 
thirst or appeasing hunger. The accountant has to compute the 
sums. The scribe has to record the proceedings. The attendant 
must compel the defendant and the witnesses to appear in court, 
and detain both plaintiff and defendant, if they have given no 
sureties.' According to Asahaya, the term ' the king's righteous 
officer ' has to be referred to the king's chief judge, and by ' law- 

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his dutiful officer, the assessors of the court, the law- 
book, the accountant and scribe, gold, fire, and 
water ; therefore it is said to have eight members. 

*i6. Recovery of a debt, deposits, partnership, 
resumption of gift, breach of a contract of service, 

*i7. Non-payment of wages, sales effected by 
another than the rightful owner, non-delivery of a 
sold chattel, rescission of purchase, 

*i8. Transgression of a compact, boundary dis- 
putes, the mutual duties of husband and wife, law of 
inheritance, heinous offences, 

*i9. Abuse, assault, games, and miscellaneous, 
these are (the eighteen titles of law) on account of 
which (judicial procedure) is said to have eighteen 

* 20. Their branches amount to one hundred and 

books ' are meant the compositions of Manu, Nirada, Vwvarupa, 
and others. 

16-19. Manu VIII, 4-8. 

20-25. The 132 divisions of the eighteen titles of law are stated 
as follows by Asahaya :— 

1. Recovery of a debt. 
1. Which debts have to be paid, and which not, &c; 2. debts (in 
general); 3. property; 4. means of livelihood of a Brahman in 
times of distress ; 5. modes of proof; 6. lending money at interest ; 
7. usurers; 8. sureties; 9. pledges; 10. documents; 11. incom- 
petent witnesses ; 12. witnesses for the plaintiff ; 13. witnesses for 
the defendant ; 14. six cases where witnesses are unnecessary; 15. 
validity of testimony, how long retained; 16. false witnesses ; 17. 
exhorting the witnesses; 18. valid evidence; 19. invalid evidence; 
20. what has to be done, where both witnesses and documents are 
wanting ; 21. ordeal by balance ; 22. ordeal by fire ; 23. ordeal by 
water ; 24. ordeal by poison ; 25. ordeal by sacred libation. 

2. Deposits. 
1. Nyasa (common deposits) ; 2. aupanidhika (sealed deposits); 

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thirty-two. On account of the multifariousness of 
human concerns, (a judicial proceeding) is said to 
have a hundred branches. 

21.' Recovery of a debt' has twenty-five divisions ; 
'deposits' has six; 'partnership' has three; 're- 
sumption of gift ' has four ; 

3. y&tilaka (loans for use) ; 4. anvahitafci (deposits for delivery) ; 

5. rilpihastagata (bailments with an artizan); 6. pogam&dhana 
(property of a minor). 

3. Partnership. 
1. The common undertakings of partners in business; 2. sacrifices 
offered by officiating priests ; 3. tolls. 

4. Resumption of gift. 
1. What may be given; 2. what may not be given; 3. valid 
gifts ; 4. invalid gifts. 

5. Breach of a contract of service. 
1. Service; 2. impure work; 3. conduct of a student; 4. rules 
of conduct for an apprentice ; 5. rules of conduct for a manager ; 

6. fifteen sorts of slaves ; 7. emancipation from slavery ; 8. legal 
position of a slave; 9. release of a slave by the favour of his 

6. Non-payment of wages. 

1. The wages of servants; 2. cowherds and the rest; 3. fee of 
a public woman; 4. questions arising in regard to the payment 
of rent. 

7. Sales effected by another than the rightful owner. 
1. Sale without ownership ; 2. treasure- trove. 

8. Non-delivery of a sold chattel. 

9. Rescission of purchase. 
1. Time ; 2. worn clothes ; 3. loss on metals (caused by working 
them) ; 4. preparing cloth. 

10. Transgression of a compact. 

11. Boundary disputes. 

1. Quarrels regarding a field; 2. quarrels regarding a house; 
3. quarrels regarding a garden ; 4. quarrels regarding a well ; 5. 

Digitized by 



22. ' Breach of service ' consists of nine divisions ; 
' wages ' has four divisions ; there are two divisions 
of ' sales effected by another than the rightful owner ;' 
'non-delivery of a sold chattel' has a single division 

23. ' Rescission of purchase ' has four divisions ; 
' transgression of compact ' is onefold ; ' boundary 
disputes' is twelvefold; there are twenty divisions in 
' mutual duties of husband and wife ; ' 

quarrels regarding a sanctuary; 6. quarrels regarding (the boundary 
of) a village ; 7. prohibition to decorate (to cause nuisance in ?) a 
cross-road, &c; 8. making a dike; 9. wasteland; 10. protection 
of grain; 11. compensation for grain (destroyed by cattle); 12. 
the foundation (of a householder's existence). 

12. Mutual duties of husband and wife. 
1. Examination of a man's virile potency; 2. gift of a maiden 
in marriage; 3. the offence of insulting an officiating priest; 4. 
the right time for giving a maiden in marriage; 5. the offence 
of casting a blemish on an unblemished maiden, or suitor; 6. 
marriage forms; 7. rule regarding incontinent females and other 
(unchaste women); 8. what constitutes legitimate issue; 9. illicit 
intercourse; 10. punishment of adultery; n. incest; 12. intercourse 
with cattle, and other crimes of this sort ; 13. raising issue where 
there is no husband; 14. the offspring of adulterous intercourse; 
15, 16. authorised and unauthorised intercourse of a woman with 
one not her husband; 17, 18. rule regarding bad wives and hus- 
bands; 19. conduct prescribed for a woman whose husband is ab- 
sent ; 20. definition of a rendezvous. 

13. Law of inheritance. 
1. Definition of heritage; 2. its distribution ; 3. indivisible pro- 
perty ; 4. what constitutes stridhana ; 5. descent of stridhana after 
the death of the proprietress; 6. rules regarding the property of 
brothers; 7. division of the property between parents and sons; 
8. case of a daughter whose father is unknown, &c. ; 9. case of a 
father unauthorised (to raise issue) ; 10. share of a son suffering 
from a chronic or agonising disease, or otherwise (incapable of 
inheriting); 11. division among the sons of a reunited coparcener; 

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24. ' Law of inheritance ' consists of nineteen divi- 
sions ; ' heinous offences ' of twelve ; of both ' abuse ' 
and ' assault ' there are three divisions ; 

25. ' Gambling with dice and betting on animals' 
has a single division ; ' miscellaneous ' has six divi- 
sions. Thus, adding up all these branches (of the 
principal titles of law), there are one hundred and 
thirty-two of them. 

1 2. management of the property of a deceased or absent brother; 

13. work done by one to whom the management of the family 
property has been entrusted, &c. ; 14. decision in the case of a 
contested partition; 15. enumeration of the divers kinds of sons. 
[There ought to be nineteen subdivisions of the law of inheritance, 
instead of fifteen. That number might be obtained by counting 
each reason of exclusion from inheritance as a separate division.] 

14. Heinous offences. 

1. What constitutes a heinous offence ; 2. punishments ordained 
for heinous offences ; 3. robbery ; 4. distinction between articles 
of inferior, middling, and superior value ; 5, 6. the two kinds of 
robbers; 7. seizure of robbers; 8. granting food or shelter (to 
thieves), &c. ; 9. thieves ; 10. punishment of heinous offences and 
larceny; n. tracing a thief by the foot-marks ; 12. confiscation of 
the property of thieves or others, when the stolen goods have not 
been recovered. 

15, 16. Abuse and assault. 

1. Abuse; z. assault; 3. punishments ordained for both offences. 

17. Gambling with dice, and betting on animals. 

18. Miscellaneous. 

1. Protection of the (four) castes and (four) orders by the king 
in person; 2. dignity of a king ; 3. maintenance ofBrahmans by 
the king; 4. authorisation from the king to bestow one's property 
(on Brahmans) ; 5. description of the various modes of subsistence 
permitted to a Brahman ; 6. eight things worthy of reverence. 

It should be noted that Asahaya himself, in the sequel of his 
commentary, does not adhere strictly to this division, and gives 

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* 26. Because it proceeds from one of these three 
motives, carnal desire, wrath, and greed ; therefore 
it is said to have three efficient causes. These are 
the three sources of lawsuits. 

* 27. It is said to have two modes of plaint, be- 
cause a plaint may be either founded on suspicion 
or on fact. It is founded on suspicion, when the 
defendant has been seen to move in bad company. 
It is founded on fact, when the stolen chattels or the 
like have come to light. 

* 28. Because it is based on the statements of the 
two litigants, therefore it is said to have two open- 
ings. There the accusation is called the plaint ; the 
answer is called the declaration of the defendant. 

* 29. Because it may be founded either on truth 
or on error, therefore it is said to have two issues. 
Truth is what rests on true facts. Error is what 
rests on mistake of facts. 

30. Ordeals even are rendered nugatory by artful 
men. Therefore let no mistake be committed in 
regard to place, time, quantity, and so on. 

a number of different headings, which will be quoted in the notes 
to this translation. 

27. Supposing that the owner of a lost chattel casts his suspicion 
on a man who is constantly seen in the company of well-known 
thieves and other bad characters, or who lives with prostitutes, or is 
addicted to gambling, if he impeaches that man, it is called a charge 
founded on suspicion. If a man is impeached, after having been 
taken with the maner, the stolen goods having been found among 
his property, it is called a charge founded on fact. In a charge 
founded on suspicion, the decision must be referred to the gods 
(i.e. to an ordeal). In a charge founded on fact, the decision 
rests with the king's judge. A. 

29. The issue of a lawsuit, like its beginning, may be twofold. 
Either a just decision is given, in accordance with fact, or the 
decision is erroneous. A. 

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31. There a king who acts justly must neglect 
error when it is brought forward, and seek truth 
alone, because prosperity depends on (the practice 
of) duty. 

32. As seven flames rise from fire, even so will 
seven good things become manifest in a self-re- 
strained king who passes just sentences at trials. 

33. Religious merit, gain, fame, esteem among 
men, reverence on the part of his subjects, con- 
quests, and an everlasting residence in paradise. 

34. Therefore let a king, after having seated 
himself on the judgment seat, be equitable towards 
all beings, discarding selfish interests and acting the 
part of (Yama) Vaivasvata, (the judge of the dead). 

* 35. Attending to (the dictates of) the law-book 
and adhering to the opinion of his chief judge, let 
him try causes in due order, adhibiting great care. 

36. The connection (agama) must be examined 

31. ' Brought forward,' i.e. stated by the plaintiff. The king 
shall neglect it, i.e. not accept it as correct. A. YSg-afavalkya II, 19. 

32. The idea that fire is composed of seven rays or flames 
is derived, no doubt, from the seven rays of the sun-god Sflrya, 
who is represented down to the present day as riding in a chariot 
drawn by seven horses. 

34. ' Discarding selfish motives,' i. e. free from love or wrath 
(sine ira et studio). 'The part of Yama,' the king of righteous- 
ness, i.e. the distribution of the rewards and punishments due to 
good and bad actions. A. Ya^wavalkya II, 1 ; Vishmi III, 92, &c 

35. While consulting the law-book, he should take heed at the 
same time of whatever is brought forward by the assessors of the 
court conjointly with the chief judge. He should abide by the 
opinion delivered by the latter. He should try causes in due order, 
i.e. so that the four feet of a judicial proceeding follow one another 
in due succession. A. Manu VIII, 1, 8, 9; Ya^navalkya II, i,&c. 

36. Agama, 'the connection,' i.e. the relation of the case in hand 
to the entire system of law ; ' the title of law,' its appertaining 
to a subdivision of this or that title of law ; its ' cure,' i. e. it must 

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first of all ; then the title of law must be ascertained ; 
thereupon follows the cure ; and the decision comes 
at the end. These are the four parts of a trial. 

37. Avoiding carefully the violation of either the 
sacred law or the dictates of prudence, he should 
conduct the trial attentively and skilfully. 

38. As a huntsman traces the vestiges of wounded 
deer in a thicket by the drops of blood, even so let 
him trace justice. 

* 39. Where the rules of sacred law and the dic- 
tates of prudence are at variance, he must discard 
the dictates of prudence and follow the rules of 
sacred law. 

40. When it is impossible to act up to the pre- 
cepts of sacred law, it becomes necessary to adopt 
a method founded on reasoning, because custom 
decides everything and overrules the sacred law. 

41. Divine law has a subtile nature, and is occult 

be cured like an illness, by carrying it through the four parts of 
a judicial proceeding. A. 

38. As deer in a thick forest is difficult to catch, even so justice 
is difficult of attainment. A huntsman traces the game by following 
up the drops of blood to the spot, though the soil may be covered 
by thick grass, where the wounded deer is seen by him. Similarly a 
king, following the course of the lawsuit, traces law to the point 
where justice shines forth clearly. A. Manu VIII, 44. 

39. Ya^Savalkya II, 21. 

40. According to A., this verse inculcates the superiority of 
custom to written law. Thus both the practice of raising offspring 
to a deceased or disabled brother, and the remarriage of widows 
(see twelfth title of law) are specially sanctioned in the sacred law- 
books. Yet these two customs are opposed to established practice. 
Therefore subtle ratiocination is required. A. quotes a verse to 
the effect that the immemorial usages of every province, which have 
been handed down from generation to generation, can never be over- 
ruled by a rule of the sacred law. Vasish/ia XVI, 4; Gautama XI, 23. 

41. 'The visible path' means either ratiocination founded on 

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1 6 NARADA. 

and difficult to understand. Therefore (the king) 
must try causes according to the visible path. 

* 42. One who has never committed robbery may 
be charged with robbery. An actual robber, on the 
other hand, may be acquitted of the charge of 
robbery. Ma#</avya was tried and declared to be 
a robber. 

*43. In the case of a woman, at night, outside of 

internal or circumstantial evidence, or it may mean a sound 
decision. A. Gautama XI, 24. 

42. 'Justice has been stated (in 41) to be difficult to attain, 
because a man may be suspected to be a thief merely on account 
of stolen chattels being found amongst his property. Thus the 
great sage Ma»</avya even was reproached with theft by an in- 
judicious king, because, faithful to his vow of silence, he did not 
make a reply when he was charged with theft. Therefore it is 
necessary to adhibit great care in discerning righteous men from 
evil-doers.' A. The history of M£«</avya is related in the Mahi- 
bhlrata I, 4306 foil. A gang of robbers (Dasyus) being pursued 
by a guard, dropped their booty in the habitation of MiWavja the 
ascetic, and hid themselves in his hermitage. Soon after, their 
pursuers arrived, and asked MaWavya in which direction the 
robbers had proceeded. The saint made no reply, whereupon the 
guard took to searching the hermitage, in which they discovered 
both the robbers and the stolen chattels. The thing looking sus- 
picious, they conducted both the saint and the robbers before the 
tribunal of the king, who ordered the saint to be tied to a stake. 
However, though tied to the stake and left without food, the saint 
remained alive. After some time, the king ordered him to be 
released, and asked his forgiveness for the ill-usage offered to him. 

43. ' In the case of a woman,' i. e. if the lawsuit has been insti- 
tuted by a wife or daughter ; or if it has been decided by a woman. 
' At night,' as the night is the proper time for sleeping, and not the 
proper time for attending to judicial business ; for it is obviously 
impossible to try a cause at night. ' Outside of the village,' means 
' in the wood.' A lawsuit, when decided in one of these places 
(or special circumstances), is not finally decided and settled ; the 
cause has therefore to be tried anew. Such is the meaning of 
this rule. A. 

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the village, in the interior of a house, and by ene- 
mies ; a sentence passed under any one of these 
various circumstances may be reversed. 

* 44. Owing to the recondite nature of lawsuits, 
and the weakness of memory, the answer may be 
delayed at pleasure in lawsuits relating to a debt or 
other subject, with a view to ascertain the true facts. 

*45. Let him answer at once in charges con- 
cerning a cow, landed property, gold, a woman, 
robbery, abuse, an urgent affair, a heinous offence, 
or a calumny. 

* 46. One who tries to right himself in a quarrel, 
without having given notice to the king, shall be 
severely punished and his cause must not be heard. 

* 47. A defendant who absconds when the cause is 
about to be tried, and he who does not take heed of 
what (the claimant) says, shall be arrested by the 
plaintiff until the legal summons has been declared. 

*48. Local arrest, temporary arrest, inhibition 

44. Owing to the recondite nature of lawsuits, and on account 
of the weakness of men's memory, which renders them unable to 
remember distinctly any event that has occurred long ago, the 
defendant in a lawsuit must be allowed sufficient time to prepare 
his answer. A. Read riwidishu in the text. 

45, 46. The first rule constitutes an exception to the preceding 
one. In the cases here mentioned the answer should be tendered at 
once. A. Gautama XIII, 40, 41; Ya^flavalkya II, 12, 16. 

48. Local arrest is in this form : ' If you move from this place, 
the king will arrest you.' Temporary arrest is in this form : ' You 
must not leave this house for a certain period.' Inhibition from 
travelling consists of a prohibition not to undertake a journey 
on which one has determined. Arrest relating to karman is in 
this form: 'You must not persevere in performing this or that 
karman (religious ceremony).' Thus according to A. and Viramitro- 
daya, p. 55. When placed under arrest of any one out of these four 
kinds, the person arrested must not break the arrest. Otherwise he 
will become guilty of an offence against the king. A. 

[33] C 

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1 8 nArada. 

from travelling, and arrest relating to karman ; 
these are the four sorts of arrest. One arrested 
must not break his arrest. 

*49. One arrested while crossing a river, or in 
a forest (kantara), or in a bad country, or during 
a great calamity, or in another such predicament, 
commits no fault by breaking his arrest. 

[50. Those causes which have been tried in the 
king's court, (or) by friends, connections, or relations, 
shall be tried anew, after a fine of twice the original 
amount (of the sum in dispute) has been imposed.] 

* 51. If one arrested at a proper time breaks his 
arrest, he shall be punished. One who arrests im- 
properly is (equally) liable to punishment. 

* 52. One about to marry; one tormented by an 
illness ; one about to offer a sacrifice ; one afflicted 
by a calamity ; one accused by another ; one em- 
ployed in the king's service ; 

49. K&ntara, 'a fearful forest,' 'a bad country,' a dangerous 
place, ' a great calamity,' a public disaster or a heavy affliction and 
the like. One who breaks an arrest which has been put on him in 
one of the places or on one of the occasions hitherto mentioned, 
does not commit a criminal offence by doing so. A. 

50. A. observes that this verse, though it ought not to come in 
here, has been inserted from the original work (of Narada ?). It 
means, according to him, that both those lawsuits which have been 
decided by the king in person, and those which have been decided 
by friends, connections, or relatives, shall be tried anew, in case the 
double amount of the fine ordained has been paid. Yi^navalkya 
II, 305. Perhaps the word ' (or) ' had better be omitted. 

51. ' A proper time ' means ' a suitable time,' i. e. any other time 
besides the various occasions mentioned in paragraph 45. 'One who 
arrests improperly,' is either one who arrests on one of the pro- 
hibited occasions, or one who arrests without sufficient reason. A. 

52. Artizans, i.e. manual labourers, while engaged in their 
work. A. 

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* S3- Cowherds engaged in tending cattle ; culti- 
vators in the act of cultivation ; artizans, while 
engaged in their own occupations ; soldiers, during 
warfare ; 

* 54. One who has not yet arrived at years of 
discretion ; a messenger ; one about to give alms ; 
one fulfilling a vow ; one harassed by difficulties : 
a person belonging to any of these categories must 
not be arrested, nor shall the king summon him 
(before a court of justice). 

* 55. One accused of an offence must not lodge 
a plaint himself, unless he have refuted the charge 
raised by the other party. Neither (is he allowed 
to accuse) one who has already been accused by 
a different party. It is wrong to strike one again 
who has already been struck (by another). 

56. When he has proffered a charge, he must not 

53. 54- ' One who has not yet arrived at years of discretion,' i. e. 
a boy. ' A messenger,' whether employed in the affairs of the king, 
or by a private person. ' One about to give alms,' at one of the 
' Parvan ' days (the days of the four changes of the moon). ' One 
fulfilling a vow,' performing a special religious observance. ' One 
harassed by difficulties,' i.e. one who has been befallen, at the time 
being, by a calamity from the king or from fate. AU persons in 
any such situation must not be arrested. A. 

55. The defendant, after having been accused by the plaintiff, 
must not proffer a counter plaint against the plaintiff, without 
having previously cleared himself of the charge raised against him- 
self, because two different causes cannot be tried at one and the 
same time. Neither must a new plaint be lodged against one 
who has already been impeached by another, because one already 
hit must not be hit again. If a deer has been first hit by one 
huntsman, and is again hit by another hunter, the effort of the 
latter is to no purpose. The first huntsman may justly claim the 
deer, and not the second. A. YS^flavalkya II, 9. 

56. ' He must not alter the charge,' as e. g. by claiming a larger 
or a smaller sum afterwards than he had done before If e. g. after 

C 2 

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again alter it. He must not recede from his pre- 
vious claim. By doing so he will lose his suit. 

57. He must not lodge a false plaint. He is 
a sinner who proffers a false charge (against any 
one). Whatever fine is declared in a suit of this 
sort has to be paid by the claimant. 

58. If' a man delays his answer under false pre- 
tences, or if he stands mute at the trial, or if he 
revokes his own former statements : these are the 
signs by which a loser of his cause may be known. 

59. One who absconds after having received the 
summons, or who does not make any defence after 
having arrived in court, shall be punished by the 
king, because his cause is lost. 

60. If a man being questioned does not uphold 

having first claimed, as being his due, a sum amounting to 20 Gadya- 
wakas of gold, he says afterwards : This man has to give 50 drammas 
(drachmas) to my son, it is called ' receding from one's first claim 
and proffering another claim.' A. Ya^avalkya II, 9. 

58. Delaying one's answer under false pretences is e.g. if a 
man says, ' I am unwell just now,' or ' I am unclean just now. I 
make no answer.' Likewise, if a man, after having been asked by 
the judges, does not speak, or if having made a statement pre- 
viously he revokes it ; by such signs as these a man may be known 
to have lost his cause. A. 

59. He who, after having been summoned by the king, makes 
off ; or who, having decamped and having been seized with diffi- 
culty by the king's officers, does not make any reply to the ques- 
tions put to him, shall be fined by the king, because he loses 
his suit. A. Manu VIII, 55, 56 ; Ya^tfavalkya II, 16. 

60. If, being questioned by the judges, he does not uphold, i. e. 
maintain, a statement previously made by himself. A. The com- 
mentators of Manu, in commenting on an analogous passage of 
the Code of Manu (VIII, 54), give the following example. A man 
has made a certain statement regarding the money in dispute. 
The judge asks him afterwards, • Why did you tender or accept the 
money at night? ' The man thereupon does not abide by his own 
former statement. (See Jolly, translation of the eighth chapter of 

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RULES OF procedure; EVIDENCE. 21 

a statement duly made by himself (at a former stage 
of the trial) ; or if he ends by admitting what had 
been previously negatived by himself ; 

6 1. Or if he is unable to produce any witnesses, 
after having declared that they are in existence and 
having been asked to produce them : by all such 
signs as these persons devoid of virtue may be 

* 62. When a lawsuit has been decided evidence 
becomes useless, unless a document or witnesses can 
be produced who or which had not been announced 
at a former stage of the trial. 

* 63. As the (fertilizing) power of rain is thrown 
away on ripe grain, even so evidence becomes use- 
less when the suit has been decided. 

the Code of Manu.) ' He who, after having answered a question in 
the negative previously, makes an opposite statement afterwards.' 
The meaning is as follows: He is cast, if, having been interrogated 
by the judges, ' Can you adduce any witnesses or documents ?' he 
replies at first by saying ' I have none,' and goes on to say ' I have 
witnesses and documents.' A. The reading seems faulty. See Manu. 

61. If a man says he has documents or witnesses, and the judges, 
having heard this, say to him, ' If you have witnesses, show them,' 
L e. exhibit them ; if thereupon he does not adduce them, he loses 
his suit A. Manu VIII, 57. 

62. ' This wicked debtor owes me money. He declines to re- 
store it, though I can prove his obligation to pay me by witnesses 
and documentary evidence. Therefore I must cite him before the 
tribunal of the king.' If the claimant says so and does not produce 
evidence at the time when he proffers his claim, but produces it 
afterwards, it does not make evidence. If, however, a statement 
of this kind had been previously made, and the claimant, owing to 
some unfortunate accident, or to forgetfulness, &c, has merely 
failed to repeat it at the third stage of the trial (i. e. during the 
judicial inquiry), it may be renewed, and shall be examined by the 
judges, although the case had already been decided, and sureties 
been given and taken. A. Ya^flavalkya II, 20. 

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64. False statements even have to be examined 
if they have been made in due season. That, on 
the other hand, which has been passed over in 
silence through inadvertency, fails to produce any 
result, even though it be true. 

* 65. If a man is of opinion that the suit has been 
decided and punishment declared in a way contrary 
to justice, he may have the cause tried once more, 
provided he should pay twice the amount of the 
fine inflicted. 

*66. If a verdict contrary to justice has been 
passed, the assessors of the court must pay that fine; 
because nobody certainly can act as a judge without 
incurring the risk of being punished (eventually). 

67. When a member of a court of justice, actuated 
by wrath, ignorance, or covetousness, has passed an 

64. Ya#Savalkya II, 19. 

65. A lawsuit is ' decided ' at the time when the judges, after 
having come to a unanimous agreement about the verdict to be 
passed on the plaintiff and defendant, give them a written record of 
their respective victory and defeat. The 'punishment has been 
declared " when the judges, after passing die verdict, dictate a 
certain punishment, in accordance with the comparative heaviness 
or lightness of the offence committed. In both cases, if a man 
considers himself to have lost his cause through an unjust sentence, 
he may have the cause tried anew, if he pledges himself to pay 
twice the amount of the fine to the king's judge. A. Ya^fnavalkya 

II, 3°5- 

66. 'Where an unjust sentence has been passed, the blame 
attaches to the assessors of the court. Therefore they have to pay 
that fine.' A YS^avalkya II, 4. 

67. ' Wrath' is when he bears him an old grudge. ' Ignorance* 
means folly. That is done ' through covetousness ' which is done 
in consideration of a bribe. 'He who passes an unjust sentence,' 
i.e. who says what is opposed to justice. Such an assessor has to 
be considered as 'no assessor of the court,' i.e. he is unworthy to sit 
in the court. A. 

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unjust sentence, he shall be declared unworthy to 
be a member of the court, and the king shall punish 
him for his offence. 

* 68. That king, however, who is intent on doing 
his duty, must be particularly anxious to discover 
what is right and what is wrong, because there is 
a variety of dispositions among mankind. 

69. There are some who give false evidence from 
covetousness. There are other villainous wretches 
who resort to forging documentary evidence. 

70. Therefore both (sorts of evidence) must be 
tested by the king with great care : documents, 
according to the rules regarding writings ; witnesses, 
according to the law of witnesses. 

* 71. Liars may have the appearance of veracious 
men, and veracious men may resemble liars. There 
are many different characters. Therefore it is neces- 
sary to examine (everything). 

* 72. The firmament has the appearance of a flat 
surface, and the fire-fly looks like fire. Yet there is 
no surface to the sky, nor fire in the fire-fly. 

* 73. Therefore it is proper to investigate a matter, 
even though it should have happened before one's 
own eyes. One who does not deliver his opinion 
till he has investigated the matter will not violate 

68. The two following paragraphs show what is meant by ' the 
diversity of men's minds.' A. 

72. As the sky has the appearance of a level plain like the earth, 
yet there is nothing like earth about it; and as there is no fire 
in the fire-fly, although it sparks like fire ; even so the utterances of 
men are often untrue, though they may have the appearance of true 
statements. Therefore it is necessary to examine strictly even 
what a man professes to have seen with his own eyes. A. 

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* 74. Thus a king, constantly trying lawsuits with 
attention, will acquire widespread and brilliant renown 
in this life and the abode of Indra after his death. 

II. The Plaint. 

1. The claimant, after having produced a pledge 
the value of which has been well ascertained, shall 
cause the plaint to be written. (He must have been 
impelled) to proffer his claim, by the nature of the 
claim, and must be intent on promoting the victory 
of his cause. 

* 2. The defendant (creditor), immediately after 
having become acquainted with the tenour of the 
plaint, shall write down his answer, which must 
correspond to the tenour of the plaint. 

* 3. Or let him (the defendant) deliver his answer 
on the next day, or three days, or seven days later. 

II, 1. The term sunw£itabaladhanas, which has been taken to mean 
'after having produced a pledge the value (or competence) of which 
has been well ascertained,' is by no means clear, and admits of several 
different interpretations. Thus it might be rendered, ' afier having 
carefully explored the nature of the wrong offered to him.' A. does 
not explain this obscure term ' Impelled by the nature of his claim;' 
not by the king, or by an enemy, but merely by his own cause. 
'Intent on promoting the victory of his cause,' i.e. absolutely 
determined not to embark in any other undertaking, previous to 
having gained his cause. A. 

2. The creditor is called plaintiff. The debtor is called defend- 
ant. The defendant, after having heard the tenour of the plaint 
which has been tendered in writing by the plaintiff, shall write an 
answer, i. e. make a reply, which corresponds to the tenour of the 
plaint. A. Read pratyarthi in the text. 

3. The defendant may tender his written answer on the next day, 
or three days, or seven days after he has heard the accusation. 
The plaintiff, on the other hand, is not allowed any time to reply 
to the statements of the defendant. His victory (or defeat) is 

Digitized by 



The plaintiff no doubt duly obtains his victory at 
once, when the trial has reached the third stage (the 
examination of the evidence). 

* 4. An answer is fourfold ; a denial, a confession, 
a special plea, and that which is based on a plea of 
former judgment. 

* 5. A denial is fourfold (being couched in any 
one out of the four forms hereafter mentioned). 
' This is false,' or ' I do not know anything about it,' 
or ' I was not present at the transaction,' or ' I was 
not in existence at the time when this event took 

6. A contradiction, the reverse, a retort, and a 
friendly counsel ; in one out of these four forms 
should the answer be given, and it should be in con- 
formity with the tenour of the plaint 

* 7. Before the answer to the plaint has been ten- 
dered by the defendant, the plaintiff may amend his 
own statements as much as he desires. 

decided at once, by examining the proofs that have been ad- 
duced. A. Ya^flavalkya II, 7. 

4. A- special plea is when the defendant admits a fact, but quali- 
fies or explains it so as not to allow it to be matter of accusation. 
A plea of former judgment is when the defendant pleads that the 
very same cause has been previously tried at the tribunal of this or 
that judge, and that his adversary has been cast. A. 

6. This paragraph, says A., occurs in the original work, and 
has therefore been inserted in this place, though it is difficult of 
explanation and a mere paraphrase of the preceding paragraph. It 
has been rendered in accordance with his interpretation. 'The 
reverse ' means confession. ' A retort ' means a special plea. ' A 
friendly counsel ' means plea of former judgment. A. 

7. The plaintiff may go on altering and improving his written 
declaration, till the defendant gives in his answer. When, however, 
the plaint has been answered, he is no longer at liberty to make any 
further amendments. A. 

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26 nArada. 

* 8. These are called the defects of a plaint: (i) if 
it relates to a different subject ; (2) if it is unmeaning ; 
(3) if the amount (of the sum claimed) has not been 
properly stated ; (4) if it is wanting in propriety ; 
(5) if the writing is deficient ; (6) or redundant ; (7) 
if it has been damaged. 

9. By whomsoever a claim is raised, whatever and 
from whomsoever it may have been claimed : from 
that very person must the claimant receive that 
very thing, and it must not be (claimed) mutually, 
or (claimed) from a stranger. Thus ' a claim relating 
to a different subject ' may be of three kinds. 

10. Thy friend here has thought in his mind, that 
I am his enemy. On account of this great intoler- 
ance I have impeached thee here. 

11. If he omits to state the amount of the thing 
(claimed), and forgets to aim at brevity(?) : this fault 
of a plaint is called omission of the amount (claimed), 
and it should be avoided. 

12. Let him avoid improper statements in the 
plaint (e. g. an accusation which is raised) by a 
plurality of persons against one single-handed; or 

8. A. does not explain the rather obscure terms occurring in 
several of the following paragraphs. He confines himself to stating 
that they contain an accurate definition of the 'seven defects of a 
plaint,' as enumerated in paragraph 8, to which the defect de- 
scribed in paragraphs 15, 16 has to be added as an eighth. 

9. The three kinds of 'a claim relating to a different subject' 
appear, therefore, to be these : where it proceeds from a different 
person than the creditor; where the amount of the sum claimed has 
not been stated correctly; and where the plaint has been addressed 
to a wrong person. 

10. This is an instance of an unmeaning or frivolous ac- 
cusation. A. 

11. The reading of this paragraph is uncertain. 

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(a cause which) is opposed to (the interests of) the 
city or kingdom (in which he lives). 

13. A plaint in which a mere dot is omitted, or 
where a word or a syllable has been obliterated, or 
where too little or too much has been written, or which 
is absurd ; such a plaint should be carefully avoided. 

14. He should (equally) avoid a plaint which has 
been destroyed or damaged (by an accident), or 
which has been soiled by water, oil, or other (liquids), 
even though the purport and meaning of the plaint 
be quite plain. 

* 15. A plaint, though otherwise established, is not 
correct, if it is contrary to established law and usage. 

16. A claim which is proffered in this form — ' I 
gave this to him while he was in a state of intoxica- 
tion with fragrance (through a smell of perfume) ' — 
cannot succeed, because it is contrary to established 

* 17. Where different words are (subsequently) in- 
serted (in the plaint), and where the sense becomes 
different (in consequence), there the judicial investi- 
gation becomes confused, and the evidence itself is 
thrown into confusion. 

* 18. When the claimant, in a passion, and actuated 

17. A. illustrates this rule by the following example. The claim- 
ant has claimed a certain sum. At the time of the trial he names a 
larger sum than he did before. Thus the judicial investigation 
becomes confused. 

18. If a man actuated by one of the three passions, sexual desire, 
wrath, and covetousness, mentions some special (important) circum- 
stance at the trial, the scribe shall enter it at once in writing on a 
board, or leaf, or Bhur^a-bark, or box, or wall. A. This rule 
seems to relate to incidental statements, which escape one of the 
parties through inadvertency. Thus in the well-known drama 
Mr/2/WakaJika, the wicked prince Sawsthanaka, when informing the 

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28 . NARADA. 

by one of the immoral motives, such as partiality, 
makes some special statement, it shall at once be 
completely reduced to writing on a board or other 
(writing material). 

19. Other statements than those (taken down at 
first) regarding the plaintiff on a board or other (writing 
material) shall be removed, after careful considera- 
tion, by persons versed in law, (when reporting on 
the trial) for the information of the king's judge. 

20. Let such persons reduce to writing the state- 
ments of each party, and whatever else has been 
written on the board, together with the names of the 

judge that Vasantasena has been murdered, adds, ' not by myself.' 
The judge pounces upon the latter statement, suspicious as it looks, 
and causes the scribe to put it down in writing on the floor. The 
prince, perceiving that he has committed himself, effaces the writing 
with his foot. The custom of writing the statements of the parties on 
the floor is repeatedly referred to in the Indian dramas. From what 
Bnhaspati says, it would seem that in the time of this law-writer 
the statements of the parties had first to be written on a board, and 
then on a leaf, after all the required corrections had been entered. 
Narada seems to refer to the same custom in paragraphs 19 and 20. 

According to Dr. Burnell, the boards referred to in the law-books 
must have been a sort of black wooden boards. See Burnell, South 
Indian Palaeography, 2nd ed., p. 87. 

20. In translating this paragraph, the obscurity of which is 
only surpassed by the preceding paragraph, I have deviated from 
the interpretation proposed by the commentator. 

A. takes this paragraph as containing four independent clauses: 
1. what has been stated or admitted by both parties; 2. whatever 
else has been written on the board; 3. the depositions of the 
witnesses; 4. what each party has conceded to the other. These 
four things should be reduced to writing by the persons entrusted 
with the judicial investigation. ' Whatever else has been written 
on the board,' i. e. whatever the plaintiff amends or adds, while the 
plaint is being reduced to writing. Such statements, as shown in 
the next paragraph, are called Pratyakalita. 

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witnesses, as well as those statements in which both 
parties concur. 

21. Additional statements of the plaintiff (or de- 
fendant), which are not contained in the writings of 
both parties, shall be (subsequently) entered into his 
(their) declaration. They are called Pratyakalita 
(' what is interposed '). 

* 22. If one deputed by the claimant, or chosen 
as his representative by the defendant, speaks for 
his client in court, the victory or defeat concerns the 
party (himself and not the representative). 

* 23. He deserves punishment who speaks in 
behalf of another, without being either the brother, 
the father, the son, or the appointed, agent ; and so 
does he who contradicts himself at the trial. 

* 24. He who forsakes his original claim and pro- 
duces a new one, loses his suit, because he confounds 
two plaints with one another. 

* 25. A verbal error does not annul the claim in 

21. A. infers from the use of the term 'both parties' that a 
Pratyakalita statement may proceed from the defendant as well as 
from the plaintiff, though the plaintiff alone is specially mentioned. 
A. adds that this rule applies equally to all those kinds of statements, 
which are mentioned in paragraph 20. 

22. This rule applies equally where a party is prevented from 
appearing before the court by illness, and where the party is not 
a good speaker, and has appointed an agent or attorney for that 
reason. A. 

23. This prohibition relates to those who, from love, anger, or 
avarice, meddle with the affairs of strangers, and pretend to act in 
their behalf at court. A. 

24. If a claimant, on finding himself unable to prove his claim 
at the trial, proffers a different claim, he must be pronounced the 
losing party, on account of the confusion caused by him. A. 

25. An erroneous statement does not necessarily cause the defeat 

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actions of any kind. So if the case relates to cattle, 
or to a woman, or to land, or to a debt, he is liable 
to punishment, but his claim is not annulled. 

26. Where the defendant denies the charge, the 
claimant has to prove his accusation, unless the 
denial should have been in the form called Pratya- 

* 27. What the claimant has fully declared word 
for word in the plaint that he must substantiate by 
adducing evidence at the third stage of the trial. 

* 28. Proof is said to be of two kinds, human and 
divine. Human proof consists of documentary and 
oral evidence. By divine proof is meant the ordeal 
by balance and the other (modes of divine test). 

29. Where a transaction has taken place by day, 

of the plaintiff. This is particularly the case in one of the following 
important actions : a case relating to a cow, female buffalo, or 
other cattle ; a case relating to a woman ; a case relating to landed 
property, i.e. a house, field, &c. ; and a case relating to one of the 
twenty-five subdivisions of the law of debt. In any case he is not 
defeated, merely on account of an erroneous statement contained 
in the suit. He does not lose the suit instituted by him, though he 
is liable to punishment. A. The MitiksharS (p. 23) has a long 
gloss on this rule of Narada, from which it appears that the 
' erroneous statements' here referred to are statements made through 
inadvertency, and that this rule applies to civil, as opposed to 
criminal actions. Read vakMale in the Sanskrit text. 

26. An answer in the form called Pratyavaskandana is where 
the defendant admits the facts adduced by the plaintiff, but explains 
them so as not to be matter of accusation. 

27. The claimant must prove, at the judicial investigation, what- 
ever he has committed to writing in the plaint. A. 

29. The divers kinds of divine test will be declared below. In 
the case of all those transactions which take place during day-time 
eye- and ear-witnesses are present. Documentary evidence, like- 
wise, is generally available in such cases. Therefore, divine proof 
should not be resorted to. Where a transaction is known to have 

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in a village or town, or in the presence of witnesses, 
divine test is not applicable. 

* 30. Divine test is applicable (where the transac- 
tion has taken place) in a solitary forest, at night, or 
in the interior of a house, and in cases of violence, 
or of denial of a deposit. 

31. Where the defendant has evaded the plaint by 
means of a special plea, it becomes incumbent on 
him to prove his assertion, and he is placed in the 
position of a claimant. 

* 32. One who takes to flight after having received 
the summons ; one who remains silent ; one who is 
convicted (of untruth) by (the deposition of) the wit- 
nesses ; and one who makes a confession himself : 
these are the four kinds of Avasannas (losers of 
their suit). 

* 33. One who alters his former statements ; one 

taken place in the presence of witnesses, divine proof is also not 
applicable. A. 

30. In all the places and occasions mentioned in this paragraph 
human proof is not applicable, wherefore divine test has to be 
resorted to. A. 

31. Where the defendant has recourse to the mode of defence 
called Pratyavaskandana, i.e. where he admits the charge, but 
adduces a special circumstance to exonerate himself, the plaint 
becomes purposeless. To the defendant, however, belongs the 
onus probandi in regard to the special circumstance mentioned 
by him. He is, therefore, reduced to the position of a claimant, 
in that it is incumbent on him to prove his assertion at the time of 
the judicial investigation (kriya). A. 

32. One who, though summoned by the king's officers, absconds 
through fear of the accusation brought against him; one who 
stands mute in the assembly when he is asked to make his declara- 
tion ; one who is cast by the depositions of the witnesses ; and one 
who confesses to be in the wrong himself: these four persons are 
non-suited. A. Ya^navalkya II, 16; Manu VIII, 55-58. 

33. Two out of the four ' losers of their suit,' who are referred 


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who shuns the judicial investigation ; one who does 
not make his appearance (before the tribunal); one 
who makes no reply ; and one who absconds after 
receiving the summons : these five kinds of persons 
are called Hlna (cast in their present suit). 

34. Precious stones, such as rubies, golden orna- 
ments, such as Dlnaras, pearls, coral, shells, and 
other (jewels and precious metals) shall be returned 

to in the preceding paragraph, may be said to have lost their cause 
for once and all, viz. one who is convicted of untruth by the deposi- 
tion of the witnesses, and one who confesses his wrong himself. 
The two others, viz. one who remains silent and one who absconds, 
are liable to punishment, but they do not entirely lose their suit, as 
their cause may be tried anew. Similarly, the five persons mentioned 
in par. 33, though non-suited in the case in hand, may have their 
cause tried anew. ' One who alters his statements,' i.e. one who, 
from forgetfulness, says something different from what he had stated 
before. ' One who shuns the judicial investigation,' i. e. one who, 
from repugnance against judicial investigation, throws the proceed- 
ings into confusion. ' One who does not make his appearance 
before the tribunal,' i.e. on account of a calamity which has befallen 
him through the king or through fate, &c. ' One who makes no 
reply,' i.e. one who does not give in his answer at once, and asks 
for delay to prepare it. 'One who absconds' from fear of an 
enemy. A. This interpretation has evidendy been called forth by 
a desire to reconcile par. 33 with the preceding paragraph, as the 
persons called Hfna are partly identical with those designed as 
Avasannas. It may be doubted, however, whether par. 32 belongs 
to the original work of NSrada, as the identical rule is elsewhere 
attributed to Bnhaspati (see Vtram., p. 102), and as it is certainly 
difficult to reconcile the two paragraphs with one another. 

34. If the owner of the articles mentioned in this rule sells them 
for genuine, and the purchaser, putting belief in his statements, 
accepts them as such, and pays for them, but finds out afterwards 
that they are not genuine, the seller must take them back, and must 
give other articles in exchange for them which are really valuable, 
or he must make good their value to the purchaser. A. As for the 
meaning of the term Din&ra, which corresponds to the Latin 
denarius, see the Introduction. 

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to their owner, in case they turn out to be imitations 

35. If a man seizes perfumes, or garlands — other 
than those which have been given to him — or orna- 
ments, or clothes, or shoes, which belong to the 
king, he deserves to be corporally punished. 

* 36. The price or value of a commodity, wages, a 
deposit, a fine, what has been abandoned (by one and 
found by another), what has been idly promised, and 
what has been won at play ; none of these articles 
yields interest, except under a special agreement to 
the purpose. 

37. Men of the 3udra caste, who proffer a false 
accusation against a member of a twice-born (Aryan) 
caste, shall have their tongue slit by (the officers of) 
the king, and he shall cause them to be put on 

38. A royal edict, a (private) document, a written 

35. One who, from pride, seizes (or uses) one of the above articles, 
shall be corporally punished, if they belong to the king. A. The 
reading of this paragraph is quite uncertain. 

36. ' The price of a commodity,' the price paid for a saleable 
commodity which has been sold. 'A deposit,' a trust. 'A fine,' 
an amercement which has been inflicted by the king's judges. 
' What has been abandoned,' what has been seized after its dere- 
liction (by the original owner). ' What has been idly promised ' to 
bards or other worthless persons. 

37. If the .Sudras, by whom this crime has been committed, are 
punished by the king, he becomes free from blame. Otherwise, 
the blame falls on him, as it is his duty to reward the honest, and 
to punish evil-doers. A. 

38. The divers forms in which a plaint is instituted in each 
of these several cases (excepting a single case, a transaction of sale) 
are stated as follows by A. : ' 1. This man has not taken notice of 
a certain royal edict, a. This man has (unduly) availed himself of 
a certain document relating to its owner. 3. This man, by virtue 
of a certain written tide, has appropriated a slave girl belonging to 

[33] »> 

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34 nArada. 

title, a grant, a pledge, a (promise reduced to) writing, 
a sale, or purchase : one who brings a claim in regard 
to any one of these before the king is known as 
defendant among those conversant with the rules 
(of legal pleading). 

* 39. Where the deposition of the witnesses has 
been objected to, it becomes necessary first of all to 
clear the witnesses from suspicion. When the wit- 
nesses themselves have been cleared from suspicion, 
he may undertake to remove the doubts which have 
been raised against their deposition. 

* 40. When a man has lost his cause through the 
dishonesty of witnesses or judges, the cause may be 
tried anew. When, however, a man has been cast 
through his own conduct, the trial cannot be re- 

41. One convicted by his own confession, one 

myself. 4. This man raises the revenue of a certain village which 
has been granted to myself. The grant relates to myself only. 
5. This property has first been pledged to me by the debtor. How 
can any one else enjoy it? 6. Why does not this man deliver this 
chattel to me, which has been promised to me in writing ? 7. I 
have purchased this commodity from him, and paid for it. He 
does not make the commodity over to me.' — Read &gn&. 

39. Where the defendant raises groundless objections against the 
trustworthiness of the depositions of witnesses, he is liable to punish- 
ment, like one who shuns the judicial investigation, and loses his 
suit in consequence. After the witnesses have been cleared from 
suspicion, their statements have to be examined in order to remove 
what looks suspicious in them. A. 

40. Those who have lost their cause, either through the state- 
ments of their own witnesses, or through the decision of the judges, 
may have their cause tried anew, according to a rule previously 
laid down. If, however, a man has been convicted by his own 
conduct, or if the witnesses adduced by him should turn out to 
have been corrupted by him, the case cannot again be opened. A. 

41. 1. One who pleads guilty; 2. one convicted by his own 

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cast through his own conduct, and one whom the 
judicial investigation has proved to be in the wrong : 
(these three) deserve to have their final defeat 
declared at the hand of the judges. 

42. Whenever the (false) assertions have been 
removed, the judges shall pass a decree. If they 
pass a judgment, before the false statements have 
been removed, they will cause evil in the next world 
and in this. 

43. One condemned by the judges shall be pun- 
ished by the king according to law. The victorious 
party shall receive a document recording his victory, 
and couched in appropriate language. 

44. This has been formerly declared by the self- 
existent Being to be the mouth of a lawsuit If the 
mouth of a lawsuit is in order, the whole suit is in 
order, but not otherwise. 

conduct, as e.g. by adducing false witnesses or forged documents; 
3. one convicted by the witnesses : those three shall not be punished 
till they have been condemned by the judges. A. 

42. When the time for passing a decree has arrived, the judges 
shall carefully remove all mere assertions of either party. Should 
they omit to do so, they would be in danger of condemning an 
innocent man, and might produce evil in this world by causing loss 
of money, and in the next world by barring the way to paradise to 
themselves, as it is the duty of kings to restrain evil-doers and to 
protect the righteous. A. 

43. According to Brihaspati, the document of victory which has 
to be given to the victorious party shall contain an accurate record 
of the plaint, of the answer, and of the judicial investigation. 

44. The general rules regarding judicial proceedings, which have 
been laid down in the preceding section, are declared to be the 
mouth of a lawsuit, because they are applicable to the trial of every 
suit. 'The self-existent Being,' Le. Brahman. A. 

D 2 

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36 nArada. 

III. Courts of Justice. 

* i. One who has not been authorized must not 
speak on any account at the trial. But authorized 
persons must deliver their opinion in an unbiassed 

* 2. Whether unauthorized or authorized, one 
acquainted with the law shall give his opinion. He 
passes a divine sentence who acts up to the dictates 
of law. 

3. If he delivers a fair opinion, a member of the 
court will incur neither hatred nor sin. But if he 
speaks otherwise he at once incurs both. 

* 4. Let the king appoint, as members of a court 

III, 1. Courts of justice are generally thronged by a large atten- 
dance. Some of the persons present are intelligent, others are not, 
and others are wise in their own estimation only. Such persons, if 
unrestrained, would disturb the judges by interpreting idle speeches 
between the legal proceedings, and by quarrelling amongst them- 
selves. Therefore, the first half of this paragraph relates to the 
punishment ordained for those who speak without authorization. 
Authorized persons, i.e. the judges who sit on the seat of judgment, 
shall strive to be just, i.e. they shall deliver a judgment in accord- 
ance with justice, and shall not show partiality for either of the 
parties. A. 

2. Where all the assessors of the court pass an unjust sentence, 
from ignorance of the law, or from interested motives, there a 
Brahman versed in the sacred law and acquainted with legal pro- 
ceedings, who happens to be present, shall point out the law to 
them, and restrain the judges from their sinful course. He shall 
speak, though he has not been appointed to deliver judgment. 
Law is called the voice of the deity. A. 

3. That is called ' a fair opinion' which is not contrary to written 
law and to custom. A judge who delivers a sentence of this kind 
incurs neither enmity nor sin, i.e. he does not become unhappy 
either in this world or in the next. A. 

4. As young bulls are able to carry a heavy burden, even so 

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of justice, honourable men, of tried integrity, who 
are able to bear, like good bulls, the burden of the 
administration of justice. 

* 5. The members of a royal court of justice must 
be acquainted with the sacred law and with rules of 
prudence, noble, veracious, and impartial towards 
friend and foe. 

6. Justice is said to depend on them, and the 
king is the fountain head of justice. Therefore the 
king should try causes properly, attended by good 

7. When lawsuits are decided properly, the mem- 
bers of the court are cleared from guilt. Their 
purity depends on the justice (of the sentences 
passed by them). Therefore one must deliver a 
fair judgment. 

8. Where justice is slain by injustice, and truth 
by falsehood, the members of the court, who look 
on with indifference, are doomed to destruction 

competent judges are able to discharge the onerous duties of their 
responsible office. They must be men of ripe wisdom, acquainted 
with sacred law and with the ways of the world, and the king must 
have tested their qualifications. A. Vishnu III, 74, kc. 

5. The law-books contain many utterances of the sages, which 
are obscure and difficult to make out. Therefore slow-minded 
persons, who are unable to understand them, and to refer their 
contents to each case in hand, must not be appointed. Well- 
descended persons shall be appointed, because they will avoid 
partiality from family pride. ' Veracious ' persons have a natural 
abhorrence against untruthfulness. A. Ya^navalkya II, 2. 

6. ' On them,' i. e. on the judges, whose qualities have been 
previously described. A. Visrwu III, 7a ; Manu VIII, 1 ; Ya^fta- 
valkya II, 1, &c. 

7. If the king decides lawsuits justly, the assessors obtain their 
own absolution through the just decision. A. 

8. Identical with Manu VIII, 14. 

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38 nArada. 

9. Where justice, having been hit by injustice, 
enters a court of justice, and the members of the 
court do not extract the dart from the wound, they 
are hit by it themselves. 

10. Either the judicial assembly must not be 
entered at all, or a fair opinion delivered. That 
man who either stands mute or delivers an opinion 
contrary to justice is a sinner. 

11. Those members of a court who, after having 
entered it, sit mute and meditative, and do not 
speak when the occasion arises, are liars all of 

* 12. One quarter of the iniquity goes to the 
offender; one quarter goes to the witness; one 
quarter goes to all the members of the court; 
one quarter goes to the king. 

13. The king is freed from responsibility, the 

9. Virtue is here compared to one wounded with a weapon, who 
goes to a physician in order to be cured by him. The judges are 
compared to physicians who, by means of a careful judicial investi- 
gation, deliver justice from the attacks of iniquity. If they do 
not extract the dart of iniquity, they are killed themselves by the 
dart of iniquity, which has been spared by them. A. Nearly 
identical with Manu VIII, 12. 

10. Either the judicial assembly must not be entered at all, not 
even a single time, or an opinion conformable to justice must be 
delivered. A judge who remains silent, or who, when asked to 
pass a sentence, says what is contrary to justice, is criminal, i. e. 
a great sinner. A. Nearly identical with Manu VIII, 13. 

n. Those judges who sit mute in the judicial assembly, being 
apparently engaged in meditating over an altogether different affair 
than that for which the parties have appeared before the tribunal, 
and who fail to declare at the proper time the victory of the one 
party and the defeat of the other, all such persons shall be looked 
upon by the king as equally criminal with those who pass a false 
sentence. A. 

12,13. These two paragraphs belong together. If the judges 

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members of the court obtain their absolution, and 
the guilt goes to the offender, when the guilty person 
is punished. 

14. He who, having entered the court, delivers 
a strange opinion, ignoring the true state of the case, 
resembles a blind man who regardless swallows fish 
together with the bones. 

15. Therefore let every assessor of the court 
deliver a fair opinion after having entered the court, 
discarding love and hatred, in order that he may not 
go to hell. 

* 16. As an experienced surgeon extracts a dart 
by means of surgical instruments, even so the chief 

were to acquit the criminal, and unjustly to condemn the innocent 
party, the iniquity or sinful action committed by the unjust decree 
would go into four parts, i. e. a quarter of it would go respectively 
to the shares of the perpetrator of the deed, of the witnesses, of all 
the assessors of the court, and of the king. If, however, the guilty 
person alone is condemned, i.e. if. the criminal party loses his cause, 
the king becomes free from guilt, the judges are free from responsi- 
bility, and the whole guilt falls on the perpetrator of the iniquitous 
deed. A. Medhitithi, in commenting on the identical rule of 
Manu (VIII, 18), observes that the guilt goes to the king, in case 
the sentence had been passed by him in person. Otherwise it goes 
to his chief judge. Identical with Manu VIII, 18, 19, &c. 

14. One whose eyesight is unimpaired, does not eat fish without 
having previously removed the bones, which would injure his mouth, 
his tongue, and his palate. A blind man, on the contrary, eats fish 
together with the bones, because he is unable to remove them. 
The case is similar with the eye of knowledge. A. 

15. Considering all this, let a judge, after having entered the 
court of judicature, reject every kind of bias, and deliver a fair, i.e. 
an impartial opinion, in order that he may not go to hell burdened 
with the crime of a guilty person (acquitted by him). A. 

16. As a skilful surgeon conversant with the art of extracting a 
dart, extracts it, though it may be difficult to get at and invisible, 
by the application of surgical instruments, of spells, and other 
manifold artful practices, even so a judge shall extract the dart of 

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judge must extract the dart (of iniquity) from the 

* 1 7. When the whole aggregate of the members 
of a judicial assembly declare, 'This is right,' the 
lawsuit loses the dart, otherwise the dart remains 
in it 

18. That is not a judicial assembly where there 
are no elders. They are not elders who do not pass 
a just sentence. That is not a just sentence in 
which there is no truth. That is not truth which is 
vitiated by error. 

iniquity -which has entered a lawsuit, by employing the artful expe- 
dients of judicial investigation. A. 

17. 'The members of a judicial assembly' are those who have 
come together for the trial of a cause. A. 

18. This paragraph, in the original, is a verse composed in the 
Trishrubh metre, and has the look of an old versus memorialis. 
Though the author of the Nirada-smrrti has incorporated it in his 
work, its contents do not quite fit in with his own ideas regarding 
the constitution of a judicial assembly, and the prominent place 
which he assigns to the chief judge of the king. 

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The Law. of Debt. 

1. Payment of a Debt. 

* i. Which debts must be paid, which other debts 
must not be paid ; by whom, and in what form (they 
must be paid) ; and the rules of gift and receipt, (all 
that) is comprised under the title of ' Recovery of 
a Debt' 

* 2. The father being dead, it is incumbent on the 
sons to pay his debt, each according to his share (of 
the inheritance), in case they are divided in interests. 
Or, if they are not divided in interests, the debt must 

The twenty-five sections into which the law of debt has been 
divided in this translation correspond in the main, though not 
throughout, to the headings proposed by Asah&ya in different 
portions of his work. Asahaya, as pointed out before, is not con- 
sistent with himself in this respect. It is curious to note that the 
whole law of evidence, excepting the general rules laid down in the 
preceding chapters, has been inserted by Narada between the divers 
rules of the law of debt. He seems to have followed in this respect, 
as in other particulars, the example set to him by the earlier 
legislators, such as Manu and Ya^Aavalkya. 

I, i, 2. If a debt contracted by the father has not been repaid 
during his lifetime, by himself, it must be restored, after his death, 
by his sons. Should they separate, they shall repay it accord- 
ing to their respective shares. If they remain united, they shall 
pay it in common, or the manager shall pay it for the rest, no 
matter whether he may be the senior of the family or a younger 
member, who, during the absence of the oldest, or on account of 
his incapacity, has undertaken the management of the family 
estate. A. 

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42 NARADA. 1, 3. 

be discharged by that son who becomes manager 
of the family estate. 

* 3. That debt which has been contracted by an 
undivided paternal uncle, brother, or mother, for the 
benefit of the household, must be discharged wholly 
by the heirs. 

* 4. If a debt has been legitimately inherited by 
the sons, and left unpaid by them, such debt of the 
grandfather must be discharged by his grandsons. 
The liability for it does not include the fourth in 

* 5. Fathers wish to have sons on their own 
account, thinking in their minds, ' He will release 
me from all obligations towards superior and inferior 

3. A debt contracted for the household, by an unseparated 
paternal uncle or brother, or by the mother, must be paid by 
all the heirs. If they are separate in affairs they must pay for 
it according to their shares. If they live in union of interests, they 
must repay it in common. A. 

2, 3. Manu VIII, 166; VishwuVI, 27, 35, 36; Ya^navalkya II, 

45. 5°- 

4. A. proposes an explanation of this paragraph which is not in 
accordance with its literal meaning, and decidedly opposed to the 
principles of a sound method of interpretation. He says that the 
term ' grandsons ' must be taken to relate to the grandsons of the 
debtor's sons, i.e. to the great-grandsons of the debtor, and that the 
term ' the fourth descendant' signifies the fourth in descent from 
the debtor's sons, i.e. the fifth in descent from the debtor himself. 
This assumption, he says, is necessary in order to reconcile the 
present rule with the statements of all other legislators, and with 
Narada's own rule (par. 6). VishwuVI, 27, 28; Ya^flavalkya II, 50. 

5. A. uses this paragraph in support of his theory that the obli- 
gation to pay the debts of an ancestor extends to the fourth in 
descent. As the great-grandson has to discharge 'the debt to 
superior beings,' i.e. as he has to oner the customary .Sraddhas 
to his great-grandfather, so he is liable for debts contracted by him, 
which have not been repaid. 

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1, 6. DEBTS. 43 

6. Three deceased (ancestors) must be worshipped, 
three must be reverenced before the rest. These 

6. Three deceased ancestors, i.e. the father, grandfather, and 
great-grandfather, may claim the discharge of their terrestrial and 
celestial liabilities from the fourth in descent. This rule is illustrated 
by the history of an action which was brought before a court in 
Patna. A merchant of the Brahman caste, by the name of .Sri dhara, 
had lent the whole of his wealth, consisting of 10,000 drammas 
(drachmas), which he had gained through great labour, to a trader, 
by the name of Devadhara, on condition that interest amounting to 
two per cent per mensem of the principal stock should be paid to 
him. The interest was duly paid to Srfdhara at the end of the 
first month. In the second month, however, Devadhara met his 
death through an accident. His son died of an attack of cholera. 
Devadhara's great-grandson alone was left. His name was Mahf- 
dhara. As he was addicted to licentious courses, the management 
of the estate was undertaken by his sons and maternal uncles. 
They got into the hands of a cunning Brahman called Sm&rta- 
durdhara, who advised them not to pay a single rupee to .Srfdhara, 
as he was able to prove from the law-books that he had no claim to 
the money. The uncles of Mahfdhara, much pleased with this piece 
of advice, promised to give i ,ooo drammas to the Brahman if they 
need not pay the money to .Srfdhara. Thus, when at the close of 
the second month, the uncles and guardians of Devadhara's great- 
grandson, Mahidhara, were asked by .Srfdhara to pay 200 drammas, 
being the amount of interest due on the sum lent to Devadhara, 
they refused payment. They said : ' We do not owe you the prin- 
cipal, much less any amount of interest. The Brahman Smarta- 
durdhara has pointed out to us that the obligation to pay stops with 
the fourth in descent.' .Srfdhara was struck dumb with grief and 
terror on hearing this announcement made to him. When he had 
regained his senses, he repaired to the court of justice, attended by 
his family, friends, and servants, and impeached Mahfdhara, together 
with his uncles, for their dishonesty. Both parties took sureties. 
The uncles of Mahfdhara engaged Smirtadurdhara to plead for 
them. After pretending his clients to be connected with his family 
by a friendship of long standing, he went on to refer to a text of 
Narada (above, par. 4), as proving that the obligation to pay the 
debts of ancestors stops with the fourth in descent All his argu- 
ments, however, were refuted, and held out to derision by a learned 


Digitized by 


44 NARADA. 1, 7. 

three ancestors of a man may claim the discharge 
of their twofold debt from the fourth in descent. 

* 7. If a man fails to pay on demand what had 
been borrowed or promised by him, that sum (to- 
gether with the interest) goes on growing till it 
amounts to a hundred krores ( = one milliard). 

* 8. A hundred krores having been completed, he 
is born again, in every successive existence, in his 
(creditor's) house as his slave, in order to repay the 
debt (by his labour). 

* 9. If an ascetic or an Agnihotrl dies without 

Brahman, by the name of Smdrtajekhara, who, at the end of his 
address, charged him openly .with having taken a bribe from his 
clients. The consequence was that Mahfdhara and his uncles lost 
their cause. A. I have quoted this story in full, because it presents 
a vivid picture of the way in which judicial proceedings used to be 
transacted in ancient India. The doctrine which the story is in- 
tended to illustrate, viz. that the liability to pay debts contracted by 
an ancestor extends to the great-grandson, is opposed to the teach- 
ing of such an eminent authority as Vig'ndne.rvara, who maintains in 
the MMkshari that the great-grandson is not liable for debts 
contracted by his great-grandfather, and, conversely, that he does 
not inherit his property. See the author's Tagore Law Lectures 
(Calcutta, 1885). The same opinion was apparently held by the 
author of the N&rada-smn'ti, as may be gathered from par. 4, and 
by other Smriti writers. It appears quite probable that the present 
paragraph, which is not quoted in any of the standard compilations 
on civil law, may have been inserted by the author of the com- 
mentary, who wanted to make the contents of the Narada-smnti 
agree with his personal views. The shorter recension and the 
quotations, instead of the present paragraph, exhibit another para- 
graph, in which the obligation of the son only to release his father 
from debt is inculcated. 

7. This paragraph has been translated according to the explana- 
tion given in Viramitrodaya, p. 358. 

9. The ample heavenly reward due to an Agnihotrt, i.e. one 
who has kept the three sacred fires from the date of his birth, or 
who has practised austerities without interruption, shall belong to 
the creditor, and not to the debtor. A. 

Digitized by 


I,i 3 . DEBTS. 45 

having discharged his debt, the whole merit col- 
lected by his austerities and by his Agnihotra belongs 
to his creditors. 

* 10. A father must not pay the debt of his son, 
but a son must pay a debt contracted by his father, ex- 
cepting those debts which have been contracted from 
love, anger, for spirituous liquor, games, or bailments. 

* 1 1. Such debts of a son as have been contracted 
by him by his father's order, or for the maintenance 
of the family, or in a precarious situation, must be 
paid by the father. 

* 12. What has been spent for the household by 
a pupil, apprentice, slave, woman, menial, or agent, 
must be paid by the head of the household. 

13. When the debtor is dead, and the expense 
has been incurred for the benefit of the family, the 
debt must be repaid by his relations, even though 
they be separated from him in interests. 

10, 1 1. A debt contracted by one blinded by love, or incensed by 
wrath against his own son, or in an outrageous state of intoxica- 
tion, or mad with gambling, or who has become surety for another, 
must not be paid by the son. If, however, a debt has been con- 
tracted, even by the son, for the benefit of the household, or in a 
dangerous situation, it is binding on the father. A. According to 
Katyayana, a debt contracted from love is a promise made to a 
dissolute woman, and a debt contracted from anger is a reward 
promised by an angry man to a ruffian for injuring the person or 
estate of his enemy. ' A debt contracted in a precarious situation,' 
i. e. a debt contracted in danger of life. A. Yig»navalkya II, 45, 
46, 47 J Vishwu VI, 33, 39. 

12. 'A pupil,' one engaged in studying science. 'An appren- 
tice,' a pupil who resides with his preceptor for a certain fixed 
period. ' A slave,' whether born in the house or purchased. A. 
Vishmi VI, 39. 

13. Where the debtor has gone abroad and met his death 
through illness, or accident, the debtor may claim his due from his 
relatives, should they even be separated in interests. A. 

Digitized by 


46 NARADA. I,l.j. 

* 14. The father, uncle, or eldest brother having 
gone abroad, the son, (or nephew, or younger brother) 
is not bound to pay his debt before the lapse of 
twenty years. 

* 15. Every single coparcener is liable for debts 
contracted by another coparcener, if they were con- 
tracted while the coparceners were alive and unsepa- 
rated. But after their death the son of one is not 
bound to pay the debt of another. 

* 16. The wife must not pay a debt contracted by 
her husband, nor one contracted by her son, except 
if it had been promised by her, or contracted in 
common with her husband. 

* 1 7. A sonless widow, and one who has been en- 
joined by her dying husband (to pay his debt), must 
pay it. Or (it must be paid) by him who inherits the 

14. Necessary debts, such as those enumerated in paragraph 1 1, 
must be paid at once by the other family members. Where, how- 
ever, the father, uncle, or eldest brother resides abroad, and is 
known to be alive, the son, &c. need not pay his debt till after the 
lapse of twenty years. A. Vish»u VI, 27 ; YSg-navalkya II, 50. 

15. After the death of those who have contracted the debt 
jointly, the son of one is not bound to pay the debt of another 
than his father. His liability does not extend beyond his father's 
share of the debt A. Vishnu VI, 34 ; Ya^wavalkya II, 45. 

16. A woman need not pay a debt contracted by her son, unless 
she has promised herself to repay it. Similarly, she is not bound 
to pay a debt contracted by her husband, unless she should have 
contracted it jointly with him, or if he should have enjoined her on 
his deathbed to pay his debts, or if she has inherited his property. 
A. Vishwu VI, 31, 38; Ya^wavalkya II, 46, 49. 

17. A widowed woman who has no son is bound to pay the 
debt of her husband, if he has commissioned her to do so on his 
deathbed, or if his property has escheated to her. If she is unfit 
to take the estate, her husband's debt must be repaid by those who 
have inherited the estate. The property and the liabilities go 
together. A. Vish«u VI, 29 ; Ya^navalkya II, 51, &c. 

Digitized by 


I,2i. DEBTS. 47 

estate. (For) the liability for the debts goes together 
with the right of succession. 

* 1 8. A debt contracted by the wife shall never 
bind the husband, unless it had been contracted at 
a time when the husband was in distress. House- 
hold expenses are indispensably necessary. 

* 19. The wives of washermen, huntsmen, cow- 
herds, and distillers of spirituous liquor are exempt 
from this rule. The income of these men depends 
on their wives, and the household expenses have 
also to be defrayed by the wives. 

* 20. If a woman who has a son forsakes her son 
and goes to live with another man, that man shall 
take her (separate) property. If she has no property 
of her own, her son (shall take the property of her 

*2i. If, however, a woman repairs to another 

18. A debt contracted by the wife, for the purpose of saving 
from distress her husband, son, daughter, or other family members, 
must be discharged by the family head. A. Vish«u VI, 32, &c. 

19. Yiffiavalkya II, 48; Vishwu VI, 37. 

20. If a widow who has a son, blinded by love forsakes her 
son and betakes herself to another husband, taking her Stridhana 
(separate property) with her, the Stridhana shall belong to her 
second husband, and not to her sons. If, however, a woman who 
has no separate property goes to live with another man and takes 
her first husband's property with her, it shall not belong to the 
second husband. It shall escheat to her son by the first husband. 
A. This interpretation has. been followed in the text. It is hardly 
reasonable, however, to explain the term dravya, in the first 
instance, as denoting Stridhana, and then again, as denoting 
property inherited from the husband. It would seem that the 
reading adopted by Asah&ya is erroneous. The Viramitrodaya 
and other compilations read rinam for dravyara, ' (the son) must 
pay the whole debt, if she has no property of her own.' Vishwu VI, 
30 ;" Ya^wavalkya II, 51. 

21. If a widow who has a young son takes her deceased hus- 

Digitized by 


48 nArada. 1,22. 

man, carrying her riches and offspring with her, 
that man must pay the debt contracted by her 
husband, or he must abandon her. 

* 22. He who has intercourse with the wife of 
a dead man who has neither wealth nor a son, shall 
have to pay the debt of her husband, because she is 
considered as his property. 

* 23. Among these three, the heir of the wealth, 
the protector of the widow, and the son, he is liable 
for the debts who takes the wealth. The son is 
liable, on failure of a (protector of the) widow and 
of an heir ; the protector of the widow, on failure of 
an heir and of a son. 

* 24. Debts contracted by the husbands of the last 

band's property and goes to live with another man, the latter is 
bound to pay the debts contracted by her first husband. His 
conduct is unimpeachable, likewise, if he lets her go, she taking 
the whole of her property with her. A. 

23. This rule contains the answer to the question : Who is liable 
for the debts of a deceased person, whose property has been taken 
by his heirs, whilst his wife through poverty has acceded to another 
man, and whilst his son remains both penniless and deprived of 
the protection of his mother? The decision is as follows. Between 
those three, the heir of the wealth and no other is liable for the 
debt Where, however, there is no heir, owing to the want of 
assets, there the son is liable, if there is no widow ; and the widow's 
husband, if there is no son. The respective liability of the son and 
of the taker of the widow depends on the circumstances of the case. 
If the widow is a young and handsome woman of high origin, her 
second husband has to discharge the debt of her first husband, 
according to the maxim that she is considered as his property (see 
above, paragraph 22). If, however, she is kept like a handmaid 
and receives a mere livelihood from the man who has taken her, 
the son is bound to pay the debt. A. Ya^navalkya II, 51. 

24. The term uttama" ' the first,' besides Us ordinary meaning, 
conveys a secondary meaning. It implies that when any of the 
seven Svairiwis and Punarbhus happens to be specially handsome or 

Digitized by 


1, 28. DEBTS. 49 

Svairiwl and of the first Punarbhu, must be paid by 
him who lives with them. 

25. A wife, a daughter-in-law, a woman entitled 
to maintenance, and the attendants of the wife : by 
these have debts to be paid, as also by one who lives 
on the produce of land (inherited from the debtor). 

[If among such brothers as have come to a division 
and are separate in wives, affairs, and wealth, one 
should die without leaving issue, his wife inherits 
his wealth.] 

2. Valid and Invalid Transactions. 

26. The sages declare that the transactions of 
a woman have no validity, especially the gift, hypo- 
thecation, or sale of a house or field. 

27. Such transactions are valid when they are 
sanctioned by the husband ; or, on failure of the 
husband, by the son ; orj on failure of husband and 
son, by the king. 

* 28. What has been given to a wife by her loving 

gifted, her second husband is bound to pay the debts contracted by 
the first. A. This, no doubt, is a highly artificial interpretation. 
A definition of the seven Punarbhus and Svairiwis is given further 
on, XII, 46-53. A. refers to XII, 48 and 52. However, the 
meaning of the term ' the first Punarbhu ' is defined in XII, 46. The 
Mitakshara' (p. 77) and Vtramitrodaya (p. 347) explain the term 
' the last of the Svairinis ' as referring to one who, overwhelmed 
with distress, delivers herself to another man. See XII, 51, and 

25 b. This paragraph, which contains a rule relative to the law 
of inheritance, seems to be a marginal gloss, which has somehow 
crept into the text by mistake. 

28. ' Immovables,' such as houses, fields, and the like. A. 
This rule is frequently quoted in the mediaeval and modern com- 
pilations on the law of inheritance, as indicating the extent of a 
woman's power over her property. 

[33] e r 

Digitized by 


50 nArada. 1, 29. 

husband, that she may spend or give away as she 
likes after his death even, excepting immovables. 

* 29. In the same way the transactions of a slave 
are declared invalid, unless they have been sanctioned 
by his master. A slave is not his own master. 

* 30. If a son has transacted any business without 
authorization from his father, it is also declared an 
invalid transaction. A slave and a son are equal 
in that respect. 

*3i. A youth who, though independent, has not 
yet arrived at years of discretion, is not capable of 
contracting valid debts. (Real) independence belongs 
to the eldest son (only) ; (the right of) seniority is 
based on both capacity and age. 

* 32. Three persons are independent in this 
world : a king, a spiritual teacher, and in all castes 
successively a householder in his own household. 

* 33. All subjects are dependent ; the ruler of the 
country is independent ; a student is pronounced to 
be dependent ; independence belongs to the teacher. 

30. A son who has not come to a partition of the family estate 
with his father, continues dependent on him till the father dies. A. 

31. This rule constitutes an exception to the general indepen- 
dence of the son after the death of his father. During the period 
of his minority, he is unable to contract a valid debt. A. The 
rule that seniority is based both on capacity and age, is cer- 
tainly remarkable. It is, however, in accordance with the view 
enounced further on (XIII, 5) by NSrada, that the management 
of the family property may be undertaken by the youngest 
brother even, if capable, because the prosperity of a family 
depends on ability. 

32. The king is independent of his subjects. A teacher is 
independent of his pupils. The head of a household is independent 
of his family and attendants. A. 

33. 34. These two paragraphs are intended to show the respective 
dependence and independence of wives, sons, householders, &c. A. 

Digitized by 


1,38. debts; invalid transactions. 51 

* 34. Wives, sons, slaves and other attendants 
are dependent. The head of the family, to whom 
the property has descended by right of inheritance, 
is independent with regard to it. 

* 35. A child is comparable to an embryo up to 
his eighth year. A youth, who has not yet reached 
the age of sixteen, is called Foganda. 

* 36. Afterwards he is no longer a minor and 
independent, in case his parents are dead. While 
they are alive he can never acquire independence, 
even though he may have reached a mature age. 

* 37. Of the two (parents), the father has the 
greater authority, because the seed is superior (to 
the womb) ; on failure of the begetter, the mother ; 
on failure of the mother, the eldest son. 

* 38. All these persons are independent at all 
times of those who depend on others. They have 

34. Colebrooke (Dig. II, 4, 15) has translated a different reading 
of paragraph 34, thus, 'A householder is not uncontrolled in 
regard to what has descended from an ancestor.' See, as to the 
distinction between inherited and self-acquired wealth, Ya^na- 
valkya II, 121. 

35. ' Comparable to an embryo ' is one who is not yet allowed 
to perform purificatory and other rites. From his eighth year 
onwards a boy may perform purificatory ceremonies and commence 
sacred study. He is called Poga»<fa (a young man), because he is 
not yet capable of transacting legal business. A. This rule of 
Narada has become the foundation of the modern law regarding 
the duration of minority. A controversy has recently arisen as to 
whether minority terminates at the end or at the beginning of the 
sixteenth year. Most, if not all, Indian writers seem to agree in 
taking the latter view. A. seems to be of the same opinion, though 
he does not express himself very clearly. 

36. He remains dependent during the lifetime of his parents, 
i.e. if he continues to live in union of interests with them. A. 

38. ' Coercion,' i. e. punishment or beating ; ' relinquishment,' 
i.e. renouncing. A. 

E 2 

Digitized by 


52 NARADA. 1,39. 

authority in regard to coercion, the relinquishment 
and the sale (of property). 

* 39. If a boy or one who possesses no indepen- 
dence transacts anything, it is declared an invalid 
transaction by persons acquainted with the law. 

*40. That also which an independent person 
does, who has lost the control over his actions, is 
declared an invalid transaction, on account of his 
want of (real) independence. 

*4i. Those are declared to have lost the control 
over their actions who are actuated by love or anger, 
or tormented (by an illness), or oppressed by fear or 
misfortune, or biassed by friendship or hatred. 

42. That is declared a valid transaction which is 
done by the senior or head of a family and by one 
who has not lost the control over his actions. That 
is not valid which has been transacted by one who 
does not enjoy independence. 

3. Property. 

43. All transactions depend on wealth. In order 
to acquire it, exertion is necessary. To preserve it, 

39. Both what a minor does, and the transactions of one grown 
up but dependent on others, as e.g. of a slave, are declared invalid 
by those conversant with law. A. 

40. ' One who has lost the control over his actions,' i.e. one 
whose natural disposition has been perverted, owing to possession 
by a demon, or to his addiction to gambling or other vicious 
propensities. A. 

42. Here ends the second section of the law of debt, which 
treats of valid and invalid transactions. A. 

43. ' All transactions,' whether originating in virtue, interest, or 
love. The rule regarding the acquisition (and enjoyment) of 
wealth is said to be threefold : protection against bipeds, quadrupeds, 

Digitized by 


f, 47. debts; property. 53 

to increase it, and to enjoy it : these are, successively, 
the three sorts of activity in regard to wealth. 

44. Again, wealth is of three kinds : white, spotted, 
and black. Each of these (three) kinds has seven 

* 45. White wealth is (of the following seven 
sorts) : what is acquired by sacred knowledge, valour 
in arms, the practice of austerities, with a maiden, 
through (instructing) a pupil, by sacrificing, and by 
inheritance. The gain to be derived from exerting 
oneself to acquire it is of the same description. 

*46. Spotted wealth is (of the following seven 
sorts) : what is acquired by lending money at in- 
terest, tillage, commerce, in the shape of .Sulka, by 
artistic performances, by servile attendance, or as 
a return for a benefit conferred on some one. 

*47. Black wealth is (of the following seven 

&c; increase, through agriculture, lending at interest, trading, and 
other modes of acquisition ; enjoyment of terrestrial and celestial 
pleasures. A. 

44-54. Vishwu, chapter LVIII. 

45. 'What is acquired by sacred knowledge,' i.e. the gains of 
sacred study. What is gained by ' the practice of austerities,' i. e. 
by one who duly performs greater and minor observances, optional 
and regular rites, and on whom worthy people bestow alms for 
that reason. What is received 'with a maiden,' i.e. as her marriage 
portion. The fruit derived from relinquishing white property is of 
the same kind, i. e. it is pure likewise. Thus A. 

46. ' Commerce,' the sale of merchandise. ' .Sulka,' the price 
obtained for giving a damsel in marriage, whether the transaction 
be lawful or otherwise. ' Artistic performances,' the art of painting 
or another art. ' Servile attendance,' waiting upon, and paying 
homage to, another man. Wealth obtained by one of these seven 
modes is called spotted, i.e. of a middling kind. A. Others explain 
the ambiguous term .Sulka differently, as denoting tolls, or a fare 
for crossing a river, &c. 

47. ' Gambling,' with dice or otherwise. ' One afflicted with 


Digitized by 


54 nArada. i, 48. 

sorts) : what is acquired as a bribe, by gambling, 
by bearing a message, through one afflicted with 
pain, by forgery, by robbery, or by fraud. 

48. It is in wealth that purchase, sale, gift, receipt, 
transactions of every kind, and enjoyment, have 
their source. 

49. Of whatever description the property may be, 
with which a man performs any transaction, of the 
same description will the fruit be which he derives 
from it in the next world and in this. 

50. Wealth is again declared to be of twelve sorts, 
according to the caste of the acquirer. Those modes 
of acquisition, which are common to all castes, are 
threefold. The others are said to be ninefold. 

5 1 . Property obtained by inheritance, gifts made 
from love, and what has been obtained with a wife 
(as her dowry), these are the three sorts of pure 
wealth, for all (castes) without distinction. 

52. The pure wealth peculiar to a Brahman is 

pain,' one pained by an attack of disease. ' Forging,' falsification, 
of gold, silver, or other metals. ' Robbery,' such as theft. ' Fraud,' 
deception. What has been acquired by one of these seven kinds 
is called ' black wealth,' i.e. wealth of the lowest kind. A. 

48. From these three kinds of wealth, with their twenty-one 
subdivisions, spring all the various kinds of transactions, and all 
kinds of enjoyment. A. 

49. The difference between this and the previous classification 
of the divers modes of acquisition seems to lie in this, that the one 
system of classification is solely based on the respective legitimacy 
or illegitimacy of each mode of acquisition, whereas the diversity 
of caste represents the principle of classification in the other 
system. It should be borne in mind that an occupation, according 
to Indian notions, may be perfectly lawful for one caste, though it 
is unlawful for all others. 

52-54. Manu I k 88-91, X, 74-80; Ya^wavalkya II, 118-120; 
Vish«u II, 4-14 ; Apastamba 1, 1, 1, 5-6 ; Gautama X, 2, 7, 49, 56 ; 
VasishMa II, 13-20; BaudMyana 1, 18, 1-5. 

Digitized by 


1,56. debts; property. 55 

declared to be threefold : what has been obtained 
as alms, by sacrificing, and through (instructing) a 

53. The pure wealth peculiar to a Kshatriya is of 
three sorts likewise : what has been obtained in the 
shape of taxes, by fighting, and by means of the fines 
declared in lawsuits. 

54. The pure wealth peculiar to a Vai^ya is also 
declared to be threefold: (what has been acquired) 
by tillage, by tending cows, and by commerce. For 
a .Sudra it consists of what is given to him by the 
members of the three higher castes. 

55. These are the legitimate modes of acquisition 
of wealth for all the (four) castes severally. If one 
caste should take to the occupations of another caste, 
it is a criminal proceeding, except in extreme cases 
of distress. 

4. Means of Livelihood for a Brahman in 
Times of Distress. 

56. In times of distress, a Brahman is allowed to 
gain his substance in the mode prescribed for the 
caste next to him in rank ; or he may gain his sub- 
stance like a Vaisya. But he must never resort to 

55. Here ends the section of the divers kinds of wealth in the 
law of debt. A. 

56. ' The class next to him in rank,' i.e. the Kshatriya or warrior 
caste. If he should find himself unable to support his family by 
the mode of livelihood of his own caste, he may gain his substance 
like a Kshatriya. At the time of a drought or famine, he may 
gain his substance like a Vairya even. ' The lowest caste,' i. e. 
the .Sudra caste. A. Manu X, 81, 82; Vishmi II, 15; Y&grki- 
valkya III, 35 ; Gautama VII, 6, 7 ; Baudhayana II, 4, 16, &c. 

Digitized by 


56 nArada. 1,57. 

the mode of livelihood prescribed for a member of 
the lowest caste. 

57. At no time must a Brahman follow the occu- 
pations of a man of vile caste, or a vile man the 
occupations of a Brahman. In either case, expul- 
sion from caste would be the immediate conse- 

* 58. For neither of them are such occupations 
permitted as are either far above or far below their 
own rank. Those two occupations are lawful for them 
which lie between these two extremes ; for they are 
common to all (castes). 

59. When a Brahman has lived through the times 
of distress, with the wealth acquired by following 
the occupations of a Kshatriya, he must perform 
a penance and relinquish the occupations of a 

60. When, however, a Brahman takes delight in 
those occupations and persists in them, he is de- 
clared a K&ndaprisht/ia. (professional soldier) and 
must be expelled from society, because he has 
swerved from the path of duty. 

57. By the term 'a vile man,' a member of the .Sudra caste is 
referred to. The occupations of such a man, i.e. the acceptance 
of food from everybody and the sale of all sorts of commodities, 
must never be resorted to by a Brahman, even in times of distress. 
And so must a Sudra avoid the occupation of a Brahman, such as 
wearing the sacred thread, study of the Vedas, pronouncing sacred 
benedictions, offering burnt-oblations, and the rest. A. 

58. ' Such occupations as are either far above or far below their 
own rank,' i.e. the occupations of a Brahman and of a .Sfidra 
respectively. 'Those two occupations,' i.e. those peculiar to the 
Kshatriya and Vauya. A. hitva seems a faulty reading (for hite). 

59. Ya^navalkya III, 35. 

60. 'Ejected from society,' i.e. he must not be admitted to 
obsequial repasts and other religious ceremonies. A. 

Digitized by 



61. When a Brahman is living by the occupations 
of a Vauya, he must never sell milk, sour milk, 
clarified butter, honey, beeswax, lac, pungent condi- 
ments, liquids used for flavouring, spirituous liquor, 

62. Meat, boiled rice, sesamum, linen, the juice of 
the Soma plant, flowers, fruit, precious stones, men, 
poison, weapons, water, salt, cakes, plants, 

63. Garments, silk, skins, bone, blankets made of 
the hair of the mountain-goat, animals whose foot is 
not cloven, earthen pots, buttermilk, hair, dregs, 
vegetables, fresh ginger, and herbs. 

64. A Brahman may sell dry wood and (dry) 
grass, excepting fragrant substances, Eraka grass, 
ratan, mulberry, roots, and Kusa. grass. 

65. (He may sell) twigs of bamboo that have fallen 
spontaneously, of fruits, the fruits of the jujube tree, 

61-66. Manu X, 85-90; Ya£navalkya III, 36-39; Gautama 
VII, 8-22; Vasish/fta II, 24-31; Apastamba I, 7, 20, 11 foil. 

61. 'Pungent condiments/ such as sugar. 'Liquids,' such as 
clarified butter and oil. A. 

62. A. explains the term Soma, ' the juice of the Soma plant,' 
which is offered to the gods at a sacrifice, as denoting sacrificial 
implements generally; 'men,' i.e. servants; 'plants/ i.e. shrubs, 
creeping plants, and others. A. 

63. 'Blankets/ i.e. what is made of wool. 'Animals whose 
foot is not cloven,' i.e. whole-hoofed animals, such as horses. 
' Dregs/ i. e. the deposit of oil. ' Vegetables/ i.e. fresh pot-herbs. A. 

64. 'Fragrant substances/ such as the fragrant root of the 
plant Andropogon Muricatus, B&laka, the root of the Musta grass, 
and others. A. If the reading of a single MS. be followed, the 
sale of the articles enumerated in pars. 64 and 65 is also prohibited 
for a Brahman. Several of these articles are included among those 
substances the sale of which is prohibited by other legislators. See 
Manu X, 86-89 > Y%«avalkya III, 36-39. However, the reading 
translated above is distinctly supported by the Commentary of 
AsaMya, and by the analogous rules of Vasish/>4a. 

Digitized by 


58 nArada. i,66. 

and of the Inguda plant, ropes, and thread of cotton, 
if its shape has not been altered (by working it up). 

66. If it is for a medicament used to cure a 
disease, or for an offering, or if necessity can be 
shown, he may sell sesamum for a corresponding 
quantity of grain. 

67. A Brahman who swerves from the path of 
duty by selling prohibited articles, must be reminded 
of his duty by the king by inflicting a severe chas- 
tisement on him. 

5. Modes of Proof. 

* 68. Those invested with legal authority must 
pay strict attention to the (various) modes of proof. 
That even which is provable fails to be proved, if 
the (prescribed) modes of proof are not attended to. 

69. Documents, witnesses, and possession are the 
traditional three means of proof, by which a creditor 
endeavouring to recover his loan may obtain what 
he has lent. 

70. If the Creator had not created writing as an 

69. The term pramaXa, which has been translated ' means of 
proof,' is both a philosophical and a law term. A. explains it 
etymologically, as denoting anything which may be known or 
discerned accurately. Thus, what is counted or reckoned, may 
be known by figures. What is capable of measurement, may be 
known by its measure. Similarly, where a lawsuit is pending, the 
truth may be known by having recourse to one of the ordinary 
modes of proof, viz. documents, witnesses, possession, and ordeals. 
Therefore, these means of proof should be duly applied by holy 
men, kings, and assessors of the court, and others endowed with 
legal authority, because that which is doubtful cannot be proved 

70. The term ' documents' in this section seems to relate princi- 
pally to the well-known land grants which have been found in many 

Digitized by 


i,7s. debts; documents. 59 

excellent eye (as it were), the affairs of this whole 
world would not take their proper course. 

71. Writing is an excellent eye (as it were), because 
it solves all doubts which may have arisen in regard 
to place, time, profit, matter, quantity, or stipulated 

72. He who, having received a chattel in a certain 
place, tries to deny the fact, is liable to be confronted 
with witnesses and convicted, difficult as it may be 
to prove his guilt. 

73. A document is subject to many blemishes ; 
witnesses are neither exempt from old age nor from 
death ; possession, which has been continually held, 
is the only sure mode of proof, as it is not connected 
with any material object (liable to decay). 

74. Thus have these three modes of proof been 
declared, by means of which a creditor may recover 
an outstanding debt, which has not been paid to 
him and called into doubt (by the debtor). 

75. A document is valid at all times ; witnesses 
(may give valid evidence) as long as they live ; 
possession acquires legal validity through the lapse 
of a certain period. This is a legal maxim. 

parts of India. Ya^navalkya II, 22; Vishwu VI, 23; Vasish/tfa 
XVI, 10. 

75. Witnesses can give evidence while they live only, whereas a 
document which has been carefully preserved, remains evidence 
even after the death of the creditor, debtor, and witnesses, and is 
capable of substantiating a claim raised by the son, grandson, great- 
grandson, or more remote descendant of the original owner. On 
the other hand, even after a lapse of time, i.e. when four or five 
generations have passed away, and an immeasurable period has 
elapsed, a creditor may recover his loan by dint of uninterrupted 
possession. 'This is a legal maxim,' i.e. this is the relative value 
of the divers kinds of proof. A. 

Digitized by 


60 nArada. 1, 76. 

76. Of the three modes of proof here enumerated 
in order, each previous one is superior to the one 
named after it ; but possession is the most decisive 
of all. 

* 77. Though a document be in existence and 
witnesses living, that is no (true) property of which 
possession is not actually held. This is specially 
true as regards immovables. 

* 78. If a man is foolish enough to allow his goods 
to be enjoyed by strangers in his own eyesight, they 
shall belong to the possessor, even in the presence 
and during the lifetime of the rightful owner. 

* 79. Whatever the owner looking on quietly 
suffers to be enjoyed by strangers for ten years, 

76. The apparent contradiction between the first and second 
parts of this paragraph is thus removed by A. : 'Possession of 
immovables without a title does not create proprietary right, as 
stated in par. 84. Therefore, the possessor of landed property 
becomes its lawful owner, if his right or title is established by 
witnesses, but not otherwise. Thus far possession is more im- 
portant than witnesses. In the same way documents with a tide 
are superior to witnesses, and possession with a title is superior 
to witnesses, documents, and ordeals.' 

77. This paragraph is intended to show the weakness of proof 
by witnesses or documents, where it is not accompanied by posses- 
sion. Generally speaking, any of the three kinds of proof is invalid, 
where it is not accompanied by one of the other kinds. A. Ya^na- 
valkya II, 27; ManuVIH, 200. 

78. If a man suffers his movable or immovable property to be 
enjoyed by another, the latter will become its lawful owner after 
the lapse of a long period, no matter whether it has been bestowed 
on him through affection, or forcibly seized by him, or abandoned 
by its previous owner. A. 

79. Where, however, the owner, though unable to recover his 
property, owing to special reasons, proffers his claim to it every 
day, or every month, or every year, it is not lost to him, even after 
the lapse of a longer period than ten years. A. Identical with 
Manu VIII, 147. 

Digitized by 


1, 8a. debts; possession. 6 i 

though he is present, that cannot be recovered by 

* 80. If he is neither an idiot nor a minor, and 
the enjoyment takes place before his eyes, his right 
to it is extinct by law, and the possessor is allowed 
to keep it. 

*8i. A pledge; a boundary; the property of a 
child; an open deposit, an Upanidhi deposit; women; 
and what belongs to the king or to a learned Brah- 
man, none (of these descriptions of property) is lost 
(to the owner) by adverse possession. 

82. Pledges and the rest, excepting. the property 
of a woman and of the king, are however lost to the 
owner if they have been enjoyed in his presence for 
twenty years. 

80. ' If he is not an idiot,' nor afflicted by a chronic or agonising 
disease, nor dumb, blind, or deaf. A. Identical with Manu VIII, 

81. 'The property of children' is not lost, though it has been 
enjoyed for a long time by their guardian. ' An Upanidhi deposit,' 
i.e. a valuable article which has been delivered under cover to 
another person. 'A woman,' one who has been delivered to a 
stranger as a deposit, and enjoyed by him. ' The property of a 
king,' i.e. land. ' The property of a learned Brahman,' i.e. cows. 
A. Kulluka, in commenting on the identical verse of Manu, refers 
the term 'woman' to 'female slaves,' &c. The rules laid down in 
pars. 79-81, which recur literally in the code of Manu, seem to 
belong to an older order of ideas than those contained in pars. 84 
foil. It may be presumed that the harsh law under which adverse 
possession of ten years' standing was constituted a source of pro- 
prietary right, was mitigated at a subsequent period, and has been 
inserted here as a sort of historical reminiscence only. According 
to Bnhaspati, thirty years is the ordinary period of prescription. 
Identical with Manu VIII, 149; VasishAia XVI, 18. 

82. In this paragraph, as in the preceding one, the term ' a king's 
property' is referred to landed property by A. The correctness of 
this interpretation seems questionable. 

Digitized by 


62 nArada. 1,83. 

* 83. The property of a woman and of a king is 
never lost (to the owner), should it even have been 
enjoyed for hundreds of years without a title (by 

84. Where there is enjoyment, but no title of any 
sort, there a title is required in order to produce 
proprietary right. Possession is not sufficient to 
create proprietary right in that case. 

* 85. A clear title having been produced, posses- 
sion acquires validity. Possession without a clear 
title does not make evidence (of ownership). 

*86. He who can only plead possession, without 
being able to adduce any title, has to be considered as 
a thief, in consequence of his pleading such illegiti- 
mate possession. 

* 87. He who enjoys without a title for ever so 
many hundred years, the ruler of the land should 
inflict on that sinful man the punishment ordained 
for a thief. 

* 88. If a man holds the property of a stranger 
without a title, it is not legitimate enjoyment. How- 
ever, after the death of the occupant, it may be en- 
joyed legitimately by his descendants. 

* 89. In cases falling within the memory of man, 

88. While the possessor is alive, the property which he is enjoying 
without a title cannot become his. The owner may claim it at any 
time. When, however, the possessor dies, unmolested by the owner, 
the property continues to be enjoyed by his heirs. Therefore, the 
owner should not fail to assert his own right. A. 

89. The Mit&kshara explains the term 'what falls within the 
memory of man' as denoting a period of 100 years, in accordance 
with a text from the Veda, ' The life of men extends over a hundred 
years.' If this explanation be correct, the present rule agrees in 
substance with the rule laid down in 89 b and 91, a period of a 
hundred years being about equal in duration to three lives. It is 

Digitized by 



possession with a title creates ownership. In cases 
extending beyond the memory of man, and on failure 
of documents, the hereditary succession of three 
ancestors (has the same effect). 

* 90. If the occupant is impeached (by the legiti- 
mate owner), he cannot escape defeat (without refut- 
ing the charge). That possession only can create 
proprietary right, which has been legitimately in- 
herited from the father. 

*9i. When possession has been successively held, 
even unlawfully, by the three ancestors of the father 
(of the present possessor), the property cannot be 
taken away from him, because it has gone through 
three lives in order. 

* 92. What has been deposited with a third person 
to be delivered ultimately to the owner (Anvahita), 
stolen goods, ordinary deposits, what is held by 
force, loans for use, and what is being enjoyed during 
the absence of the owner, these are six (things pos- 
sessed) without a title. 

true that another legislator, Vyasa, mentions sixty years as the dura- 
tion of continued possession extending over three generations. 

90. If the owner claims his own property from the possessor, 
the former has to make good his claim. That enjoyment, how- 
ever, which has passed from the father to the sons by right of 
inheritance, constitutes a legal title for them. A. Ya^-navalkya 

II, 28. 

91. If the great-great-grandfather has held possession, be it even 
without a title, of a certain thing, and if it has been enjoyed, after 
his death, by the great-grandfather and by the grandfather, it cannot 
be claimed from the father by any one. Vishmi V, 187. 

92. The term Anvahita is usually explained, like Anvadhi, as 
denoting what has been deposited with a third person to be delivered 
ultimately to the owner. A., however, explains Anvahita as denoting 
a valuable object received from another in exchange for a worthless 

Digitized by 


64 NARADA. 1, 93. 

* 93. If a litigant dies before a lawsuit (regarding 
property enjoyed by him) has been decided, the son 
is required to prove his title. The enjoyment is not 
legitimate (otherwise). 

* 94. After the death of a creditor, witnesses, 
though available, cannot give valid evidence, except 
if a statement made by the creditor himself on his 
deathbed (has been preserved). 

95. After the death of the defendant, the deposi- 
tion of witnesses ceases to make evidence. An 
attested document retains its validity during his life- 
time only. 

* 96. Where a pious act is announced by a diseased 

93. Supposing a man were to have obtained possession of the 
property of a stranger by one of the previously mentioned illegiti- 
mate modes of acquisition, if the rightful owner were to impeach 
him for it, and if the possessor were to die before the case has 
been decided, in that case the son would have to substantiate his 
claim, and would not be allowed to continue his enjoyment of the 
property without doing so. A. Ya^navalkya II, 29. 

94. A man says after the death of his creditor, * I have restored 
this or that cow, female buffalo, bull, or field to my creditor ; certain 
honest men have witnessed the transaction.' Another man says, 
' Your father owes me one hundred drachmas ; certain persons have 
witnessed the transaction.' He dies, however, before his claim has 
been examined. In either of these two cases trustworthy witnesses 
even are of no avail. If, however, the creditor has stated his claim 
before witnesses on his deathbed ; or if a man has given evidence 
as witness on his deathbed regarding a certain loan, about which 
the creditor has asked him ; the testimony of the witnesses has to be 
considered as valid even after his death. A. 

95. 'The defendant,' i.e. the debtor. An attested document is 
valid while he lives only. It loses its validity after his death. A. 

96. When a diseased father has stated his intentions regarding a 
religious endowment or other matters of this kind during the absence 
of his sons, but in the presence of witnesses, the deposition of the 
latter will be valid even after his death. Similarly, when a man 

Digitized by 


1,98. debts; interest. 65 

man, the testimony of the witnesses retains its 
validity even after his death. The case is the same 
with the six (things possessed without a title), viz. an 
Anvahita deposit and the rest. 

97. In all transactions relative to a debt or to any 
other (among the eighteen titles of law), the last act 
is the decisive one. In the case of a gift, a pledge, 
or a purchase, the prior act settles the matter. 

6. Lending Money at Interest. 

* 98. A contract of delivery and receipt may be 
made with a view to the profit arising from Sthana. 
It is called Kuslda (lending money at interest), and 
money-lenders make a living by it. 

during an attack of illness, repents of his former act, and declares 
before witnesses that he has deposited with a friend a worthless object 
in exchange for a valuable one, and wishes to restore the former ; 
or that he has stolen something and wishes to restore it to the 
owner; or that he wishes to restore a deposit, which had been 
delivered to him by the owner ; or that he intends to make restora- 
tion of what he had obtained by forcible means ; or of a loan for 
use ; or of what he had been enjoying in secret : in any one out of 
these six cases the deposition of the witnesses is valid even after 
his death. A. See par. 92 and note. 

97. In all the eighteen titles of law, beginning with the law of 
debt, the latest act is considered decisive. The law is different in 
cases of acceptance, where e.g. a village belongs to him who has 
been the first to receive it ; in the case of a pledge or mortgage, 
and in the case of a purchase, where the pledge or mortgage, and 
the article sold belong likewise to the first taker. A. Nearly 
identical with Yag-navalkya II, 23. 

98. According to A., Sthana, ' continued abode,' may be three- 
fold : relating to the matter, as when profit arises from (the continu- 
ance of) victuals remaining well kept in a certain place ; or relating 
to one's own abode, as when a dealer derives profit from business 
transactions in his own country ; or relating to a different place, as 
when a dealer earns money through foreign trade. 

[33] F 

Digitized by 


66 nArada. 1, 99. 

* 99. Let a money-lender take, in addition to the 
principal, the interest fixed by VasishMa, viz. an 
eightieth part of a hundred in every month. 

* 100. Two, three, four, or five (in the hundred) is 
the legitimate (rate of interest). Let him take as 
much in the shape of interest, every month, in the 
direct order of the (four) castes. 

*ioi. Or let him take two in the hundred, re- 
membering the practice of the virtuous. By taking 
two in the hundred, he does not commit the crime 
of covetousness. 

* 102. Interest is declared fourfold in this law- 
book : periodical interest ; stipulated interest ; kayiki 
interest ; and compound interest. 

* 103. That which runs by the month is termed 

99. Identical with Manu VIII, 140. This rule, which fixes the 
rate of interest at ij per cent, by the month, or 15 per cent, per 
annum, is actually found in the Dharmasutra of Vasish/fla II, 51. 

100. Identical with Manu VIII, 142. The meaning is that he 
shall take 2 per cent, from a Brahman, 3 per cent, from a Kshatriya, 
4 per cent, from a Vawya, and 5 per cent, from a Sudra. A. It 
appears, from the commentaries on the code of Manu, that the 
present rule is applicable in those cases where no security has been 
given, whereas the preceding paragraph refers to loans secured by 
a pledge. 

101. Identical with Manu VIII, 141. The meaning is that he 
shall take 2 per cent, only from honest men, to whatever caste they 
may belong. A. In the code of Manu, the present rule precedes 
par. 100, instead of following it. The author of the Narada-smrrii 
would seem to have erroneously inverted the original position of 
the two verses. 

102. Manu VIII, 153; Gautama XII, 34, 35. See, too, Cole- 
brooke's Digest I, XXXV-XLV. 

103, 104. ' Periodical interest' means monthly interest, at the rate 
of from 2 to 5 per cent., according to the caste of the debtor. ' Stipu- 
lated interest' is interest at the rate of more than 10 per cent., which 
has been promised by the debtor himself in times of great distress. 
Kaya means principal. If a Pa«a, or quarter of a Pa«a, has to be 

Digitized by 



periodical interest. That interest is termed stipu- 
lated interest which has been promised by the debtor 

* 104. Interest at the rate of one Pawa or quarter 
of a Pa«a, paid regularly without diminishing the 
principal, is denoted kayika interest. Interest upon 
interest is called compound interest. 

*io5- This is the general rule for interest to be 
paid on loans. There are special rules according to 
the local usages of the country where the loan has 
been made. 

* 106. In some countries the loan may grow till 
twice the amount of the principal has been reached. 
In other countries it may grow till it becomes three, 
or four, or eight times as large as the principal. 

107. The interest on gold, grain, and clothes may 
rise till it amounts to two, three, or four times the 
principal. On liquids, the interest may become 
octuple ; of women and cattle, their offspring (is con- 
sidered as the interest). 

paid every day, without diminishing the principal, i.e. if the whole 
principal has to be restored, though ever so much interest may have 
been paid on it, it is called kiyiki interest. Where interest at the 
rate of 5 per cent, per mensem has been paid for twenty months, 
it will reach the same amount as the sum originally due, so that the 
principal is doubled. After twenty months more it becomes quad- 
ruple ; twenty months later it becomes octuple, and so on. This 
is called compound interest. A. Bnhaspati and Vy&sa derive the 
term kayiki from kiya ' a body,' and explain that it denotes bodily 
labour, or the use of a pledged slave. 

105. Where local customs obtain, differing from the rules pre- 
viously given, they have to be followed. A. 

106, 107. Manu VIII, 151 ; Vish«u VI, 1 1-1 7 ; Ya^navalkya II, 
39 ; Gautama XII, 36. 

107. Gold borrowed at whatsoever rate of interest shall grow till it 
becomes double ; grain, till it becomes treble ; cloth, till it becomes 

F 2 

Digitized by 


68 nArada. 1, 108. 

*io8. No interest must ever be raised on loans 
made from friendship, unless there be an agreement 
to the purpose. Without an agreement even, in- 
terest accrues on such loans after the lapse of half 
a year. 

* 109. A loan made from friendship can never 
yield any interest, without being reclaimed by the 
creditor. If the debtor refuses to restore it on 
demand, it shall yield interest at the rate of five 
per cent. 

7. Usurers. 

* 1 10. Thus has the rule been declared for the in- 
terest to be paid on loans offered through friendship. 
If, however, interest be demanded on grain, at the 
rate which has been mentioned, it is termed usury. 

* 1 1 1. A Valrya is at liberty to get over a period of 
distress by practising usury. A Brahman must never 
resort to usury, not even in the extremity of distress. 

quadruple ; liquids (and condiments), till they become octuple. The 
offspring of pledged females and cattle shall belong to the creditor. A. 

108. The chattels, which have been mentioned in the preceding 
paragraph, if lent in amicable intercourse, shall not yield any interest 
before the expiration of six months, without a special stipulation to 
that effect. Even without a stipulation to that effect, however, they 
shall yield interest after the lapse of six months. A. 

109. A loan which is not restored, on demand even, shall yield 
interest at the rate of 5 per cent, from that day forward, even 
though six months are not yet over. A. 

1 10. The term karman is sometimes used as an equivalent for 
gold. A. This interpretation has not been followed. 

in. Agriculture, the tending of catde, tec., are lawful occupa- 
tions for a Vaijya. Lending money at interest is also permitted to 
him. Therefore it is said here that a VaLfya may practise usury in 
times of distress, whereas a Brahman must not resort to usury even 
in times of overwhelming distress. A. 

Digitized by 



*H2. If a debt is due to a (dead) Brahman 
creditor, whose issue is living, (it must be paid to 
them.) If there be no issue, the king must cause the 
debt to be paid to his kinsmen ; on failure of kins- 
men (it must be paid) to his relatives. 

* 1 1 3. Where there are neither kinsmen, nor re- 
latives, nor distant connexions, it shall be paid to 
(other) Brahmans. On failure of such, he must cast 
it into the waters. 

* 1 14. When a creditor receives payment, he must 
give a receipt for it to the debtor. If he does not 
give a receipt, although he has been asked for it, he 
shall lose the remainder of the sum due to him. 

*U5. If, though pressed by the debtor, he does 
not give an acquittance for the sum paid to him by 
the debtor, that sum shall yield interest to the debtor 
(henceforth), as (it had done) to the creditor (pre- 

112. Sakulya, ' kinsman,' is derived from kulya, ' a bone,' and 
denotes those who have their bones in common (sic), i.e. a father, 
a paternal uncle, their sons, and other (agnates). Bandhu, 'a 
relative,' denotes a mother, a sister, a sister's son, and other 
(agnates). A. 

113. This paragraph is intended to show the pre-eminence of 
the Brahman caste. A. 

114. In Colebrooke's Digest (I, 6, 287) the second half of this 
paragraph is referred to a refusal on the part of the creditor to 
restore the money, which the debtor had asked him for, on his 
refusing to give a receipt. This construction is based on the com- 
ment of Gagannatha, but it is not countenanced by the remarks of 
Asahaya, and is thoroughly artificial. Ya^navalkya II, 93 ; Vishmi 
VI, 26. 

115. If the creditor fails to receipt the sum which has been 
restored to him, on the back of the document, it shall yield interest 
to the debtor, in the same way as it had yielded interest to the 
creditor previously. A. 

Digitized by 


70 nArada. 1, 116. 

*ii6. On payment of the debt, he must restore 
the bond. On failure of a bond, he must give a 
written receipt. Thus the creditor and debtor will 
be quits. 

8. Sureties. 

* 1 1 7. The guarantee to be offered to a creditor 
may be twofold : a surety and a pledge. A docu- 
ment and (the deposition of) witnesses are the two 
modes of proof on which evidence is founded. 

* 1 1 8. For appearance, for payment, and for 
honesty, these are the three different purposes for 
which the three sorts of sureties have been men- 
tioned by the sages. 

*ii9. If the debtors fail to discharge the debt, or 

116. Where the bond is no longer in existence, because it has 
been stolen or destroyed, or met with some calamity, the creditor, 
instead of it, shall give a written receipt to the debtor. Here ends 
the sixth section of the law of debt, which treats of lending money 
at interest and of usurers. A. 

117. A surety and a pledge are the two sorts of guarantee for a 
loan on interest. Documents and witnesses are the two kinds of 
evidence for each of the four elements, which have to be distin- 
guished in the law of debt, viz. the principal, the interest, the surety, 
and the pledge. A. 

118. A surety for appearance is where the debtor denies the 
debt, and is asked to prove his denial in a court. In that case, he 
must produce a man, who becomes surety for the debtor's appear- 
ance at the time of the trial. A surety for payment is where the 
creditor, anxious to obtain a loan, produces one or several sureties, 
who are either jointly or severally bound. A surety for honesty is 
where the debtor denies having received a certain sum, or declares 
that he has restored it to the creditor, and is required thereupon to 
produce a surety for his veracity. A. Yag-iiavalkya II, 53 ; Vishwu 
VI, 41. 

119. This paragraph is intended to show that the surety for 
appearance and the surety for honesty are equally responsible as the 

Digitized by 



if they prove dishonest, the surety (for payment and 
for honesty) must pay the debt ; and (so must the 
surety for appearance), if he fails to produce the 

120. When there is a plurality of sureties, they 
shall pay each (proportionately), according to agree- 
ment. If they were bound severally, the payment 
shall be made (by any of them), as the creditor 

*i2i. Twice as much as the surety, harassed by 
the creditor, has given (to the creditor), shall the 
debtor pay back to the surety. 

122. By the mode consonant with religion, by legal 

surety for payment. A. Manu VIII, 158-160; Ya^navalkya II, 
53; VishwiVI, 41. 

120. Where a number of sureties have promised each to pay a 
certain stipulated share of the debt, in case of the debtor's inability 
to discharge it himself, the liability of each surety does not extend 
beyond what has been promised by him. Where, however, all the 
sureties have declared their joint liability for the whole debt, the 
creditor may enforce payment from any one among them whom he 
thinks able to satisfy his demand. A. Ya^wavalkya II, 55; Vishnu 

VI, 42. 

1 ai. When, however, the surety, anxious to obtain twice the 
amount of the sum for which he has given security, should pay 
the sum to the creditor of his own accord, without being pressed 
to do so by the creditor, the debtor shall pay that sum only to him, 
and not the double sum. A. Yi^wavalkya II, 56 ; Vishmi VI, 43. 

122. Identical with Manu VIII, 49. According to Asahaya, four 
out of the five modes of recovery of a debt are equivalent to the 
traditional four means of obtaining success, viz. conciliation, division 
(bheda), presents, and violence. Thus, ' the mode consonant with 
religion' means conciliation, i.e. gentle remonstrances. If these 
should prove of no avail, 'legal proceedings,' or ' division' (bheda), 
shall be resorted to, i.e. the debtor shall be threatened with a plaint 
in a court of justice. After that, ' presents ' or ' fraud ' should be adhi- 
bited, i.e. a false hope of fictitious gain shall be held out to the debtor. 
If this mode also should prove unsuccessful, 'force' or 'violence' 

Digitized by 


72 NARADA. I, 123. 

proceedings, by fraud, by the customary mode, and, 
fifthly, by force, a creditor may recover what he has 

*i23. A creditor who tries to recover his loan 
from the debtor must not be checked by the king, 
both for secular and religious reasons. 

9. Pledges. 

* 1 24. That to which a title is given (adhikriyate) 
is called a pledge. There are two kinds of it : a 

may be used, by fettering the debtor, or confining him, &c. The 
fifth mode, called the customary mode (Igarka), consists of fasting. 
If the creditor himself, or his son, or his servant, takes to fasting 
it is no offence; or he may confine his own son or threaten to 
kill him, or seize the property of a stranger, as a compensation. 
The commentators of the Code of Manu explain the five modes 
of recovery of a debt much in the same way as Asahlya. ' Fraud,' 
according to them, is when the creditor borrows money from the 
debtor under false pretences, or retains a deposit belonging to him. 
Vyavahira, generally interpreted by 'legal proceedings,' means, 
according to Medhatithi, ' engaging the debtor in agriculture, trade, 
or other work, and taking the proceeds of his labour.' The ' cus- 
tomary mode ' (aiarita) is variously explained as denoting ' fasting,' 
or ' killing ' or ' taking (one's own or the debtor's) family and cattle.' 
Under the former interpretation, it is identical with the well-known 
' sitting in Dharna.' See the translations of Manu, and Jolly, Ind. 
Schuldrecht, § 7. For an interesting parallel to the custom of 
Dharna from the Brehon Laws of Ancient Ireland, see Sir H. 
Maine's Early History of Institutions, p. 297 foil. 

123. A dishonest debtor who applies to the king for protection 
against a creditor enforcing his demand shall not be abetted by the 
king. ' For secular reasons,' i. e. in order not to disturb the estab- 
lished order of society. ' For religious reasons,' i. e. in order not to 
offend against religious law. A. Nearly identical with Manu VIII, 
50. Vishnu VI, 19; Ya^navalkya II, 40. 

124. According to Asahaya, the pledge to be released within 
a specified time is again twofold. It may be either deposited with a 
' keeper of the pledge ' (adhipala), who is to return it on the pledge 

Digitized by 


I,i27- debts; pledges. 73 

pledge which must be redeemed within a certain 
time, and a pledge which must be retained till the 
debt has been discharged. 

* 125. A pledge is again twofold : one t<J be kept 
only, and a pledge for enjoyment. It must be pre- 
served precisely in the same condition (as at the 
time of its delivery); otherwise the pledgee loses 

* 1 26. The same thing happens when the pledge 
has been injured owing to the negligence of the 
pledgee. If it has been lost, the principal is for- 
feited, provided that the loss was not caused by fate 
or the king. 

*i27. A pledge (for custody) must not be used 

being restored at the time agreed on. Or it may be delivered to 
the creditor on condition of its being returned after the lapse of a 
certain period, say five or ten years. The usufruct of a ' pledge to 
be retained till the debt has been liquidated ' shall belong to the 
creditor for ever, till the debt has been discharged. 

125. Asahaya gives a house and a field as instances of a pledge 
for use. By spoiling a pledge of this kind, the pledgee forfeits 
interest, i. e. he loses the produce of a field, the use of a dwelling- 
place, Ac. 

126. * Negligence,' with regard to a bull or other pledge for use, 
means that it is used at an unseasonable time, or too much, for 
drawing a cart or carrying a burden. With regard to a pledge for 
custody, it means that it is abandoned. 'When it has been injured,' 
as e. g. when an animal given as a pledge has lost one eye. ' The 
king ' may cause the loss of the pledge, if he confiscates the whole 
property of a man and the pledge together with it, on account of a 
slight offence. The loss is caused ' by fate,' if e. g. a pledge is stolen 
by a thief. A. Y%navalkya II, 59 ; Vishwu VI, 6. 

127. Identical with ManuVIII, 144. According to Medhatithi 
and Kulluka, the provision that the pledgee must make good the 
value of the pledge to the owner refers to those cases where the 
pledge has been injured or spoiled. According to Narayawa, whose 
opinion is apparently shared by Asahaya, it means that the pledgee 

Digitized by 


74 nArada. i, 128. 

forcibly. The pledgee who uses it forfeits the in- 
terest due to him. Moreover he must make good 
the value (of the pledge) to the owner. Otherwise 
he is (considered as) a thief of the pledge. 

1 28. That foolish person who uses a pledge with- 
out authorization from the owner, shall lose one 
half of his interest, as a compensation for such use. 

129. If a pledge for enjoyment has been given, 
(the creditor) must not take interest on the loan. 
Neither must he give or sell a pledge (of any sort) 
before the (stipulated) period has elapsed. 

* 1 30. When a pledge, though carefully kept, 
loses its value after a certain time, (the debtor) 
must either give another pledge, or discharge the 
debt to the debtor. 

* 131. When a debtor has been disabled by a 
reverse of fortune (from paying the debt), he shall 
be made to discharge the debt gradually, according 
to his means, as he happens to gain property. 

* 1 32. If a wealthy debtor from malice refuses to 

must satisfy the owner of the pledge out of the profit derived from 
the use of the pledge. 

128. Nearly identical with Manu VIII, 150. See Professor 
Btihler's note. 

129. 'A pledge for enjoyment' means one where the profit 
derived from the pledge takes the place of interest. Such a 
pledge must not be given or sold before the term fixed for its 
delivery. A. 

130. Ya^navalkya II, 60. 

131. Where the debtor is unable to give another pledge or to 
restore the loan, he must he made to restore it successively, as best 
he can, according to his receipts. A. Manu VIII, 177; IX, 229; 
Ya^navalkya II, 43. 

132. The king shall take 5 per cent, as a compensation for 
the assistance rendered by him. A. Manu VIII, 139 ; Yi^navalkya 
II, 42; Vishnu VI, 21. 

Digitized by 


I, 135. DEBTS ; DOCUMENTS. 75 

pay his debt, the king shall compel him to pay it by 
forcible means, and shall take five in the hundred 
for himself. 

133. If the debtor acknowledges the debt with 
his own mouth, the king shall take from him ten 
per cent, (of the debt) as a fine ; and twice as much 
(i. e. twenty per cent.) if he has been convicted (after 
denial of the debt). 

134. If the debtor, owing to a calamity, has not 
means sufficient to discharge the whole debt, (the 
claim of the creditor) shall be entered in a legal 
document, specifying the caste (of the creditor and 
debtor), their names, and the names of their 

10. Documents. 

* 135. Documents should be known to be of two 
sorts : (the first), in the handwriting of the party him- 

133. If the debtor, when impeached by the creditor, acknow- 
ledges the debt himself, the king shall take 10 per cent. only. If, 
however, the debtor had undergone the trouble of proving the 
correctness of his demand against the creditor, the king shall take 
from him twice as much, i.e. 20 per cent. A. Manu VIII, 139 ; 
Ya^navalkya II, 42 ; Vishmi VI, 20, 21. 

134. If a debtor, who has been cast in a suit, has not means 
sufficient to discharge the whole debt, he shall give a written 
bond. A. The meaning of the obscure terms gili, s&mgM, adhi- 
va^a may be gathered from a text of Br«haspati, which is quoted 
in Nandapawrfita's Vai^ayantt (MS.) Ill, 74. There these three 
terms occur in an enumeration of ten points which have to be 
noticed in a written deed concerning landed property. According 
to NandapaWita, ^Iti denotes the caste, Brahmanical or other, of 
the plaintiff and defendant ; s&mg na denotes their names, as e. g. 
Devadatta ; adhivasa refers to the names of their neighbours. 

135. A document in the handwriting of the party himself has the 
advantage of being valid without subscribing witnesses. The cus- 

Digitized by 


76 nArada. i, 136. 

self; (the second), in that of another person, (the 
former being valid) without subscribing witnesses, 
the latter requiring to be attested. The validity of 
both depends on local usage. 

*I36. That document is said to be valid which 
is not adverse to the custom of the country, the con- 
tents of which answer to the rules regarding pledges 
(and other kinds of security), and which is consistent 
in import and language. 

*I37. That document is invalid which has been 
executed by a person intoxicated, by one charged 
(with a crime), by a woman, or by a child, and that 
which has been caused to be written by forcible 
means, by intimidation, or by deception. 

1 38. A bond ceases to be valid in that case also, 
if the witnesses, creditor, debtor, and scribe be dead, 

torn of the country, i. e. the usages prevailing in each country with 
regard to the validity of documents, is supreme. A. Vishmi VII, 
1-5 ; Ya^lavalkya II, 84-88. 

136. 1 have translated the reading vyaktadhividhilakshawam. That 
writing is not adverse to the custom of the country which does not 
record an invalid gift, or a disposition in regard to a minor, &c. 
If the contents of a document are in accordance with the rules 
regarding pledges, sureties, &c, and if its import and language is 
free from obscurity and breaks, it is valid. A. Vishwu VII, 11. 

137. What has been written by one intoxicated, or charged with 
the murder of a Brahman or other heavy crime, or by a woman or 
child; what has been caused to be written by forcible means, the 
writer not being concerned in the subject matter; and what has 
been written by one intimidated, or under a delusion; all such 
documents are invalid. A. Vishnu VII, 6-10; Ya^wavalkya II, 89. 

138. The invalidity of those documents, where the creditor, 
debtor, witnesses, and writer are all dead, is declared for that 
reason, because such documents may be suspected of forgery. 
Even after the actual death of all those persons, however, a docu- 
ment retains its validity, where a pledge is in existence and in the 
possession of the creditor. A. 

Digitized by 


I,i42. debts; documents. 77 

unless its validity can be established by the exist- 
ence of a pledge. 

*I39. Pledges are declared to be of two kinds, 
movable and immovable pledges ; both are valid 
when there is (actual) enjoyment, and not otherwise. 

*I40. If a document has been produced in due 
time, if (the demand recorded in it) has been (repeat- 
edly) urged, and (publicly) proclaimed, it remains valid 
for ever, even after the death of the witnesses. 

141. A document which is unknown and has 
never been heard of before does not obtain validity 
when it is brought forward, even though the wit- 
nesses be living. 

*I42. When a document has been transferred 

139. A pledge which is only mentioned in a document, without 
being actually enjoyed, has no legal validity. A. 

1 40. A document or bond which the descendants of the creditor 
have repeatedly shown to the descendants of the debtor whenever 
interest was due (pr&rthitan), or which they have again and again 
read out, retains its validity for the respective descendants of the 
creditor and debtor, even after the death of the witnesses and all 
other persons concerned. A. I have translated the term prarthitaw 
as an independant clause. 

141. A document or bond, the contents of which are unknown to 
the descendants of the debtor, about which they have never heard 
from their ancestors, and which has been suddenly presented to 
them only in a business transaction, is not considered valid, even 
though the witnesses be living. A. 

142. This rule is equally applicable to a plaintiff and to a 
defendant in a lawsuit. 1. If a creditor suing a debtor is unable 
to produce the bond on demand, the judge shall give him time to 
search for it. If the bond has been destroyed by fire or by some 
other accident, the fact of its former existence may be established 
by the testimony of honest persons, who have acted as scribe or as 
subscribing witnesses, or who happened to be present while the 
bond was being executed. The statements of such persons are 
equally decisive where the marks or part of the writing in a docu- 
ment has been obliterated. 2. A debtor having been asked in 

Digitized by 


78 NARADA. I, 143. 

into another country, or burnt, or badly written, or 
stolen, a delay must be granted, in case it should 
exist still ; if it be no longer in existence, the evi- 
dence of those who have seen it decides the matter. 

143. If a doubt should subsist, as to whether 
a certain document be authentic or fabricated, its 
authenticity has to be established by examining the 
handwriting (of the party), the tenour of the docu- 
ment, peculiar marks, circumstantial evidence, and 
the probabilities of the case. 

* 144. If a document is signed by a stranger and 

court to discharge a certain debt, on the strength of a bond signed 
by himself, says : ' It is true. I had written that document. How- 
ever, the money was not handed over to me, and I omitted to cause 
the document to be torn, because it did not happen to be at hand. 
A few days later the father of my would-be creditor informed me that 
he had lost the bond and could not find it anywhere; that, how- 
ever, he was going to give me a written deed recording its loss. 
So he actually did, and I have deposited that written deed in a 
certain box while living in that house.' If the debtor pleads an 
excuse of this sort, he must be allowed some delay to search for the 
document in question. If it is no longer in existence, the state- 
ments of those who saw it shall decide the matter. A. 

143. 'The handwriting,' another specimen of the handwriting of 
the party. ' The tenour of the document,' the names of the sub- 
scribing witnesses. ' Peculiar marks,' flourishes in the handwriting 
of the scribe. 'Circumstantial evidence,' 'these two facts go together,' 
or • they do not go together.' ' The probabilities of the case,' ' how 
has he got hold of this document? ' or 'is he nervous or is his manner 
of speaking composed and quiet ? ' By such expedients as these 
shall doubts regarding the genuineness of a document be removed. 
A. Vishmi VII, 12 ; Yi^wavalkya II, 92. 

144. If a document has passed by purchase or acceptance from the 
original owner, who signed it, into the possession of a stranger, who 
claims the loan recorded in it from the debtor, the judge must 
examine the document, KalyS«abha//a has composed three verses 
in explanation of the technical terms Sgama, sambandha, and 
hetu. Sambandha, ' connexion,' according to him, may be founded 
on descent, caste, marriage, friendship, and social intercourse. 

Digitized by 



meant for a different purpose, it has to be examined, 
in case its genuineness should be suspected, by in- 
quiring into the connexion (previously existing 
between the two parties) and into the (probability 
of) title, and by resorting to reasonable inference. 

145. An (obligation which has been stated in) 
writing can only be annulled by (another) writing, 
and an attested bond by witnesses. A writing is 
superior to witnesses ; witnesses are not superior 
to a writing. 

*i46. If a document is split, or torn, or stolen, or 
effaced, or lost, or badly written, another document 
has to be executed. This is the rule regarding 

11. Witnesses. 

* 147. In doubtful cases, when two parties are 
quarrelling with one another, the truth has to be 

Agama, ' a title,' may be founded on inheritance, purchase, mort- 
gaging, seizure, friendship, and acquisition. Hetu, 'reasonable 
inference,' may be founded on reasoning and an efficient cause. A. 
For other explanations of the terms igama and hetu in an analo- 
gous passage of YS^navalkya (II, 92), see the MitaksharS. The 
Mayukha agrees with Kalyawabha/Za. 

145. If the debtor states that he has paid the debt, he must be 
able to produce an acquittance in the creditor's handwriting. In 
the same way, if the creditor pleads that the bond has been stolen, 
or lost, or burnt, &c, he must produce a certificate from the debtor 
stating its loss. Where, however, the bond was attested by sub- 
scribing witnesses, the debt has to be discharged in the presence of 
the same witnesses. A. 

146. Where a document has met with any one out of the divers 
accidents mentioned in this paragraph, the party by whom it was 
executed may be compelled to give another document instead of it. 
Yi^wavalkya II, 91. Here ends the chapter on documents, the 
eighth section of the law of debt. A. 

147. When the plaintiff and defendant in a lawsuit quarrel 

Digitized by 


80 NARADA. I,l 4 8. 

gathered from (the deposition of) witnesses, whose 
knowledge is based on what has been seen, heard, 
or understood by them. 

148. He should be considered as a witness 
who has witnessed a deed with his own ears or 
eyes ; with his ears, if he has heard another man 
speaking; with his eyes, if he has seen something 

*I49. Eleven descriptions of witnesses are dis- 
tinguished in law by the learned. Five of them are 
termed appointed, and the other six not appointed. 

*I50. A subscribing witness, one who has been 
reminded, a casual witness, a secret witness, and an 
indirect witness, these are the five sorts of appointed 

about a doubtful affair of any sort, the truth has to be ascertained 
by examining the statements of the witnesses, who have seen, or 
heard, or been present at, the transaction. A. 

148. Manu VIII, 74 ; Vishwu VIII, 13. 

149. Definitions of the eleven witnesses are given in the following 
paragraphs. A. 

1 go. 'A subscribing witness,' i.e. one by whom a document 
is attested. 'A secret witness,' one who concealed in a house 
or room listens to the discourse of the parties. A. Kityayana 
defines the technical terms in this paragraph as follows : ' One 
adduced by the claimant himself, whose name is inserted in the 
deed, is a subscribing witness. A reminded witness is not entered 
in a deed. He is called a reminded witness who in order to insure 
the publicity of a transaction is reminded of it again and again by 
the claimant. One purposely brought near, and one who happened 
to be on the spot accidentally, are two witnesses not entered in a 
deed, by whom a claim may be corroborated. One who standing 
concealed is caused, for the purpose of establishing ihe claim, to 
hear distinctly the statements of the defendant, is termed a secret 
witness. One who subsequently corroborates the statements of 
other witnesses, whether from his own knowledge, or from hear- 
say, is called an indirect witness.' 

Digitized by 


1,155. WITNESSES. 8 1 

* 151. The witnesses not appointed by (the party) 
himself have been declared sixfold : viz. the village, 
a judge, a king, 

*i52. One acquainted with the affairs of the two 
parties, and one deputed by the claimant. In family 
quarrels, members of that family shall be witnesses. 

153. They shall be of honourable family, straight- 
forward, and unexceptionable as to their descent, 
their actions, and their fortune. The witnesses shall 
not be less than three in number, unimpeachable, 
honest, and pure-minded. 

1 54. They shall be Brahmans, Vai syas, or Ksha- 
triyas, or irreproachable 6"udras. Each of these 
shall be (witness) for persons of his own order, or 
all of them may be (witnesses) for all (orders). 

•155. Among companies (of artizans, or guilds of 

151, 152. The village or the co-villagers shall be witnesses in a 
transaction which has taken place within the village. The testimony 
of the judge shall be heard in regard to a cause tried in a court of 
justice. The king shall be witness concerning a transaction which 
has taken place in his presence. These, and one acquainted with 
the circumstances of both parties, the agent of the claimant, and 
members of a family in a lawsuit concerning that family, are the 
six kinds of witnesses not appointed. A. 

1 53- ' Of honourable family,' belonging to a noble race. 
' Straightforward,' habitually veracious. * Less than three,' viz. 
one or two persons may be witnesses if both parties consent to 
it. In a dispute regarding landed property, more than three 
witnesses are required. ' Honest,' free from avarice. ' Pure- 
minded,' imbued with the precepts of religion. A. Manu VIII, 
63,63; Vishmi VIII, 8 ; Apastamba II, 11, 29, 7; Gautama XIII, 
2 ; Ya^wavalkya II, 68, 69 ; Vasish/fta XVI, 28. 

154. Members of these four castes shall be witnesses for members 
of their own caste only. Or let members of any caste be witnesses 
for members of any other caste. A. Manu VIII, 62; Gautama XIII, 
3; Ya^navalkya II, 69 ; Vasish/Aa XVI, 29; BaudhSyana 1, 19, 13. 

155. Companies or guilds are of eighteen kinds. Labourers 

[33] G 

Digitized by 


82 NARADA. I, 156. 

merchants, other) artizans or merchants shall be wit- 
nesses ; and members of an association among other 
members of the same association ; persons living 
outside among those living outside ; and women 
among women. 

* 1 56. And if in a company (of artizans or guild of 
merchants) or in any other association any one falls 
out (with his associates), they must not bear witness 
against him ; for they all are his enemies. 

12. Incompetent Witnesses. 

* 157. The incompetent witnesses, too, have in 
this law-book been declared by the learned to be of 
five sorts : under a text of law, and on account of 
depravity, of contradiction, of uncalled-for deposi- 
tion, and of intervening decease. 

* 1 58, Learned Brahmans, devotees, aged persons, 
and ascetics, are those incapacitated under a text of 
law ; there is no (special) reason given for it. 

*i59. Thieves, robbers, dangerous characters, 

for hire shall be witnesses for other members of the same associa- 
tion. Outcasts shall be witnesses for other low-caste persons. 
Women shall be witnesses where two women quarrel with one 
another. In all these cases, the qualities of the witnesses need 
not be tested. A. Manu VIII, 68 ; VasishMa XVI, 30. 

156. If in a company of traders any one member should con- 
tract an enmity towards the other members of it, they are unworthy 
to bear testimony against or about him, on account of their enmity 
towards him. Here ends the chapter on witnesses, the tenth 
section of the law of debt. A. 

158. The reason why the persons referred to in this paragraph 
are excluded seems to lie in their entire renunciation of earthly 
interests, which renders them unfit to appear in a court of justice. 
See Manu VIII, 65, where ' one dead to the world ' is mentioned 
among the incompetent witnesses, and other parallel passages. 

Digitized by 



gamblers, assassins, are incompetent on account of 
their depravity ; there is no truth to be found in 

1 60. If the statements of witnesses, who have all 
been summoned by the king for the decision of the 
same cause, do not agree, they are rendered incom- 
petent by contradiction. 

* 161. He who, without having been appointed to 
be a witness, comes of his own accord to make 
a deposition, is termed a spy in the law-books ; he 
is unworthy to bear testimony. 

*i62. Where can (any person) bear testimony if 
the claimant is no longer in existence, whose claim 
should have been heard ? Such a person is an in- 
competent witness by reason of intervening decease. 

*i63. If two persons quarrel with one another, 

162. Supposing a man were to claim a certain sum from another 
and to name a witness, whom he states to have witnessed the 
transaction. If the soi -disant creditor should die, it would be im- 
possible to ascertain whether the statement of the witness is true 
or false. Therefore such a witness must not be admitted by 
reason of intervening decease. A. 

163. A claimant declares, 'This bull, which you have got, is 
mine. He was stolen by thieves, who took seven cows along with 
him. If they are found among your property, they may be known 
by a red mark on the forehead, or by their white feet, or by other 

signs I am able to adduce four witnesses who will declare them 

to be mine.' The opponent replies, ' Pra^apati (the Creator) has 
created many two-legged and four-legged beings closely resembling 
one another. If a superficial likeness is to be considered as 
evidence, I might take another man's wife into my house, because 
she has eyebrows, ears, a nose, eyes, a tongue, hand, and feet like 
my wife. This bull is born and bred in my own house. I am able to 
adduce four witnesses from the village in which he is being kept ; 
their statements will establish the fact that he belongs to me.' In 
a dispute of this sort the witnesses of him who was the first to 
bring the suit into court will decide the suit. A. Ya^»iavalkya II, 
17; Vish«u VIII, 10. 

t G 2 

Digitized by 


84 narada. i, 164. 

and if both have witnesses, the witnesses of that 
party shall be heard which was the first to go to law. 

*i64. If the claimant should be cast at the trial, 
his cause proving as the weaker one of the two, it is 
fit that the witnesses of the defendant should be 

•165. No one should converse in secret with a 
witness summoned by his adversary, neither should 
he try to estrange him from the cause of his oppo- 
nent by other means. A party resorting to such 
practices as these is cast. 

166. If a witness dies or goes abroad after having 
been appointed, those who have heard his deposition 
may give evidence; for indirect proof (through a 
second-hand statement) makes evidence (as well as 
direct proof). 

* 167. Even after a great lapse of time (the depo- 
sition of) a subscribing witness retains its validity ; 

164. Where the plaint is rejected and the defence acknowledged 
as correct, the witnesses of the defendant have to be examined. A. 
Yl^navalkya II, 17; Vishmi VIII, n. 

165. That man who holds secret conversations with a witness 
produced by his opponent, or who tries to intimidate him by threats, 
abuse, and the like, or to bribe him, loses his suit. A. 

166. If a witness dies or goes abroad, indirect witnesses, i.e. those 
who have heard him speak of the matter, on his deathbed, or when 
he was about to start, either in answer to questions of the plaintiff, 
or of his own accord, shall be examined. A. Vishnu VIII, 12. 

167. What follows here is intended to show how long the state- 
ments of each of the five appointed witnesses mentioned in par. 
150 retain their validity. A subscribing witness may give valid 
evidence after the lapse of a very long period even. Such a 
witness should subscribe his name with his own hand, at the time 
when the document is being executed, as e.g. 'I, Devadatta, have 
witnessed this transaction.' If he is unable to write, he should 
cause another person to write in his own name. The document will 
make evidence, whenever the occasion arises. A. 

Digitized by 


1, 174. witnesses; circumstantial evidence. 85 

if a man can write, he should write (his name) him- 
self ; if he cannot (write himself), he should cause it 
to be written by another man. 

* 168. (The deposition of) a witness who has been 
reminded (of the transaction) remains valid in this 
world up to the eighth year, that of a casual witness 
remains valid up to the fifth year. 

* 169. (The deposition of) a secret witness remains 
valid up to the third year; (the deposition of) an 
indirect witness is declared to remain valid for one 
year only. 

♦170. Or no definite period is fixed for judging 
a witness ; for those acquainted with law have 
declared that testimony depends upon memory. 

* 171. A witness whose understanding, memory, 
and hearing have never been deranged, may give evi- 
dence even after a very considerable lapse of time. 

13. Six Cases where Witnesses are 

* 172. However, six different kinds of proceed- 
ings have been indicated in which witnesses are not 
required. (Other) indications of the crime com- 
mitted are substituted for the evidence of witnesses 
in these cases by the learned. 

* 1 73. It should be known that one carrying a fire- 
brand in his hand is an incendiary ; that one taken 
with a weapon in his hand is a murderer ; and that, 
where a man and the wife of another man seize one 
another by the hair, the man must be an adulterer. 

* 1 74. One who goes about with a hatchet in his 

170, 171. Under this rule, the validity of any testimony is 
declared independent of length of time, and to depend on the 
competence of the witness alone. A. 

Digitized by 


86 nArada. i, 175. 

hand and makes his approach may be recognised 
as a destroyer of bridges (and embankments) ; one 
carrying an axe is declared a destroyer of trees. 

* 1 75. One whose looks are suspicious is likely to 
have committed an assault In all these cases wit- 
nesses may be dispensed with ; only in the (last- 
mentioned) case of assault careful investigation is 

176. Some one might make marks upon his per- 
son through hatred, to injure an enemy. In such 
cases it is necessary to resort to inductive reason- 
ing, (ascertaining) the fact of the matter, and strata 
gems, in order to get a (reliable) test. 

14. False Witnesses. 

177. Those must not be examined as witnesses 
who are interested in the suit, nor friends, nor asso- 
ciates, nor enemies, nor notorious offenders, nor 
persons tainted (with a heavy sin). 

* 1 78. Nor a slave, nor an impostor, nor one not 
admitted to .Sraddhas, nor a superannuated man, nor 
a woman, nor a child, nor an oil-maker, nor one 

175. 'Suspicious looks,' as e.g. a sword smeared with blood. 
Viramitrodaya. In an analogous text of jankha, as quoted in 
the Viramitrodaya, &c, the possession of stolen goods is mentioned 
as a further manifest proof of crime. 

177-187, 190. Manu VIII, 64-67, 71 ; Ya^flavalkya II, 70, 71; 
Vishwu VIII, 1-5 ; Gautama XIII, 5. Asahkya observes that the 
rules regarding incompetent witnesses do not relate to cases of 
assault only, but to judicial proceedings of every sort. 

177.' Associates,' i. e. partners in business. ' Notorious offenders,' 
persons formerly convicted of perjury or other crimes. A. For 
different interpretations of some of the terms occurring in this 
section, see the notes to Professor Bflhler's Manu, and to Burnell- 
Hopkins's Manu, VIII, 64, foil. 

178. 'A slave,' one born in the house. ' An impostor,' a 

Digitized by 



intoxicated, nor a madman, nor a careless man, nor 
one distressed, nor a gamester, nor one who sacri- 
fices for a whole village. 

*I79. Nor one engaged in a long journey, nor 
a merchant who travels into transmarine countries, 
nor a religious ascetic, nor one sick, nor one de- 
formed, nor one man alone, nor a learned Brahman, 
nor one who neglects religious customs, nor a eunuch, 
nor an actor. 

*i8o. Nor an atheist, nor a Vratya, nor one who 
has forsaken his wife or his fire, nor one who makes 
illicit offerings, nor an associate who eats from the 
same dish (as oneself), nor an adversary, nor a spy, 
nor a relation, nor one connected by the same womb. 

*i8i. Nor one. who has formerly proved an evil- 
doer, nor a public dancer, nor one who lives by 

fallacious person. ' One not admitted to .Sriddhas,' one who is 
not allowed to partake of obsequial feasts. ' A superannuated man,' 
weak or decrepit persons. ' One distressed,' by a calamity. A. 

1 79. ' One who neglects religious customs,' one who fails to 
perform his religious duties. ' A eunuch,' one incapable of be- 
getting offspring. A. 

180. 'An atheist,' a heretic. 'A Vratya,' one for whom the 
ceremony of initiation has not been performed. ' His wife,' his 
legitimate spouse. ' His fire,' the sacred Vaitana fire. ' One who 
makes illicit offerings,' one who performs sacrifices for persons of 
bad fame. ' An associate who eats from the same dish,' one with 
whom one keeps up commensality. 'A spy,' employed in the 
service of the king. ' One connected by the same womb,' a uterine 

181. 'One who has formerly proved an evil-doer,' one afflicted 
with an ugly disease, the consequence of wicked acts committed in 
a previous existence ; or one guilty of robbery or other crimes. 
1 One who lives by poison,' one who buys or sells poison. ' A 
snake-catcher,' one who catches venomous reptiles. ' A poisoner,' 
one who, actuated by hatred, gives poison to other people. ' An 
incendiary,' one who sets fire to houses, &c. Kinira (a ploughman), 
' a Sudra,' or ' a miser.' A. 

Digitized by 


88 nArada. i, 18s. 

poison, nor a snake-catcher, nor a poisoner, nor an 
incendiary, nor a ploughman, nor the son of a .Sftdra 
woman, nor one who has committed a minor offence. 

* 182. Nor one oppressed by fatigue, nor a fero- 
cious man, nor one who has relinquished worldly 
appetites, nor one penniless, nor a member of the 
lowest castes, nor one leading a bad life, nor a stu- 
dent before his course of study is completed, nor an 
oilman, nor a seller of roots. 

*i83. Nor one possessed by a demon, nor an 
enemy of the king, nor a weather-prophet, nor an 
astrologer, nor a malicious person, nor one self- 
sold, nor one who has a limb too little, nor a 

•184. Nor one who has bad nails or black teeth, 
nor one who betrays his friends, nor a rogue, nor 
a seller of spirituous liquor, nor a juggler, nor an 

182. 'A ferocious man,' one who perpetrates illicit acts of 
violence. ' One who has relinquished worldly appetites/ an ascetic. 
'One penniless,' one who has lost his whole wealth through 
gambling or other extravagance. ' A member of the lowest castes,' 
a .X'awrfala. ' One leading a bad life,' an infidel. A. The term 
mulika denotes ' a seller of roots,' according to A. The Virami- 
trodaya interprets it by ' one who practises incantations with roots.' 

183. A. explains varshanakshatrasuJaka as a single term, de- 
noting ' an astrologer.' The Viramitrodaya, more appropriately, 
divides it into two terms : ' one who prophesies rain,' i.e. a weather- 
prophet, and ' an astronomer,' i. e. an astrologer. The term agha- 
jaznsin, * a malicious person,' is in the Viramitrodaya interpreted by 
' one who makes public the failings of other people.' ' One self- 
sold,' one who has entered the state of slavery for money. ' One 
who has a limb too little,' i. e. an arm or a foot. ' A Bhagavrrtti,' 
one who lives by the prostitution of his wife, or one who suffers his 
mouth to be used like a female part (bhaga). A. 

184. 'A cruel man,' a hard-hearted man ; or Ugra is used as a 
proper noun denoting the offspring of a Kshatriya with a Sudra 
wife. A. 

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avaricious or cruel man, nor an enemy of a company 
(of traders) or of an association (of clansmen). 

* 185. Nor one who takes animal life, nor a leather 
manufacturer, nor a cripple, nor an outcast, nor a 
forger, nor a quack, nor an apostate, nor a robber, 
nor one of the king's attendants. 

*i86. Nor a Brahman who sells human beings, 
cattle, meat, bones, honey, milk, water, or butter, 
nor a member of a twice-born caste guilty of usury. 

* 187. Nor one who neglects his duties, nor a 
Kulika, nor a bard, nor one who serves low people, nor 
one who quarrels with his father, nor one who causes 
dissension. These are the incompetent witnesses. 

*i88. The slaves, impostors, and other incompe- 
tent witnesses who have been enumerated above, 
shall be witnesses nevertheless in suits of a speci- 
ally grave character. 

*i89. Whenever a heinous crime, or a robbery, 
or adultery, or one of the two kinds of insult has 
been committed, he must not inquire (too strictly) 
into the (character of the) witnesses. 

* 1 90. A child also cannot be (made a witness), nor a 
woman, nor one man alone, nor a cheat, nor a relative, 
nor an enemy. These persons might give false evi- 

185. ' One who takes animal life,' a butcher. ' A forger,' one 
who falsifies documents or coined money. ' A quack,' one who 
practises incantations and the like with mysterious formulas, medi- 
cines, &c. ' An apostate,' one who has left the order of religious 
mendicants. ' An attendant of the king,' a menial. A. 

187. 'A Kulika,' a judge ; or the head of a caste or guild. ' One 
who causes dissension,' one who causes friends or others to fall out 
with one another. Vtramitrodaya. 

189. Manu VIII, 72; Ya^navalkya II, 72; Gautama XIII, 9; 
VishmiVIII, 6. 

Digitized by 


90 NARADA. I, 191. 

* 191. A child would speak falsely from ignorance, 
a woman from want of veracity, an impostor from 
habitual depravity, a relative from affection, an 
enemy from desire of revenge. 

*i92. By consent of both parties, one man alone 
even may become a witness in a suit. He must be 
examined in public as a witness, though (he has 
been mentioned as) an incompetent witness. 

*I93. One who, weighed down by the conscious- 
ness of his guilt looks as if he was ill, is constantly 
shifting his position, and runs after everybody ; 

* 194. Who walks irresolutely and without reason, 
and draws repeated sighs ; who scratches the ground 
with his feet, and who shakes his arm and clothes ; 

*i95. Whose countenance changes colour, whose 
forehead sweats, whose lips become dry, and who 
looks above and about him ; 

*i96. Who makes long speeches which are not 
to the purpose as if he were in a hurry, and without 
being asked : such a person may be recognised as 
a false witness, and the king should punish that 
sinful man. 

* 197. He who conceals his knowledge (at the time 

192. One agreeable to both parties shall be examined in an 
assembly of honourable men. A. Manu VIII, 77 ; Y&^Ttavalkya 
11,72; Vishwu VIII, 9. 

193-196. These rules relate to the trial of a cause by the judge. 
The time for examining the witnesses having arrived, he should 
examine their miens and gestures. Incompetent witnesses are not 
only those previously mentioned, but those here described are 
equally incompetent. A. Manu VIII, 25, 26 ; Ya^wavalkya II, 
13-15; VishwuVIII, 18. 

197. One who has made a certain statement in the hearing of 
others, and makes a different statement at the time of the trial, 
shall receive specially heavy punishment ; for he is a greater criminal 
than a false witness. A. Yi^wavalkya II, 82. 

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of trial), although he has previously related (what he 
knows) to others, deserves specially heavy punish- 
ment, for he is more criminal than a false witness 

15. Exhorting the Witnesses. 

* 198. (The judge), after having summoned all the 
witnesses, and bound them down firmly by an oath, 
shall examine them separately. (They should be 
men) of tried integrity and conversant with the cir- 
cumstances of the case. 

199. Let him cause a priest to swear by Truth, 
a Kshatriya by his riding animal and weapons, a 
Vaisya by his cows, grain, or gold, a Sudra by all 
sorts of crimes. 

*200. By ancient sacred texts, extolling the excel- 
lence of Truth, and denouncing the sinfulness of 
Falsehood, let him inspire them with deep awe. 

201. He who gives false testimony as a witness 
will enter his enemy's house, naked, with his head 
shorn, tormented with hunger and thirst, and de- 
prived of sight, to beg food with a potsherd. 

202. Naked, with his head shorn, with a potsherd 
(for a begging-bowl), standing hungry before the door 

198-228. ManuVIII, 79-101; Y^navalkya II, 73-75; Visrwu 
VIII, 19-37 ; Gautama XIII, 12-23 ; Apastamba II, 11, 29, 7-10; 
Baudhiyana I, 19, 10-12; Vasish/Aa XVI, 32-34. Bohtlingk's 
Indische Sprttche. 

199. Identical with ManuVIII, 113. See, too, ManuVIII, 88. 
The commentators of the Code of Manu give various explanations 
of the latter verse. It may mean that a false witness is threatened 
with the guilt of all offences committed against riding animals, cows, 
grain, &c; or with the guilt of stealing riding animals, &c; or 
with their loss ; or that the judge shall exhort witnesses to touch a 
cow, &c. 

201, 202. Manu VIII, 93 ; Vasish/Aa XVI, 33. 

Digitized by 


92 NARADA. 1, 203. 

of his adversary, shall he constantly meet his enemies 
who give false testimony. 

203. A perjured witness shall spend his nights in 
the same manner as a wife who has been superseded 
(by another), or as a man who has been worsted in 
playing at dice, or as one whose body is weighed 
down by a heavy burden. 

204. A witness who wavers in giving evidence is 
sure to be fettered with a thousand bonds from the 
chain of Varu#a. 

205. After the lapse of a hundred years, the cord 
is taken off him. When he is free from the cord, the 
man becomes a woman. 

206. Thus is a man liberated from this fixed bond- 
age. *Now I will state, in order, how many kinsmen 
a false witness kills, 

*207- If his evidence concerns, respectively, (small) 
cattle, cows, horses, human beings, gold, and land. 
Listen to me, my friend. 

203. This sentiment shows that the condition of a superseded 
wife under Hindu law must have been far from enviable. This is 
equally shown by the custom of presenting a certain sum to her on 
her supersession by another wife. See Vish»u XVII, rit ; Y&gii&- 
valkya II, 143. 

204. The snaky ' bonds of Varu«a ' seem to be an equivalent for 
dropsy, a disease attributed to the influence of the ancient divinity 
Varu«a. See Professor BUhler's note on Manu VIII, 82. 

207. ' Kills,' i.e. sends to hell. This interpretation is given by 
the majority of Manu's commentators. According to others, it means 
' causes to fall from heaven and to be reborn in the wombs of 
animals,' or 'incurs a guilt as great as if he had killed.' See 
Professor Bflhler's note on Manu VIII, 97. The idea that a 
man, by telling a falsehood, ruins his kinsmen as well as himself, 
belongs to the remotest antiquity, and recurs in the Zendavesta. 
See Vendtd&d IV, 24 seq. ; Jolly, translation of Book VIII of the 
Code of Manu, note. 

207-209. Nearly identical with Manu VIII, 97-99, &c. 

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*2o8. He kills five by false testimony concerning 
(small) cattle; he kills ten by false testimony con- 
cerning kine ; he kills a hundred by false testimony 
concerning horses ; (and he kills) a thousand by false 
evidence concerning a human being. 

*20Q. He kills the born and the unborn by giving 
false evidence (in a cause) concerning gold ; he kills 
everything by giving false evidence concerning 
land ; beware, then, of giving false evidence with 
regard to land. 

210. Truth is said to be the one unequalled means 
of purification of the soul. Truth is the ladder by 
which man ascends to heaven, as a ferry (plies) from 
one bank of a river to the other. 

211. If truth and a thousand horse-sacrifices are 
balanced against one another (it will be found that) 
truth weighs more heavily than a thousand horse- 

212. A tank is better than a hundred wells, an 
offering better than a hundred tanks, a son better 
than a hundred offerings, and truth better than a 
hundred sons. 

213. It is truth which makes the earth bear all 
beings, truth which makes the sun rise. It is 
through truth that winds blow, and that the waters 

214. Truth is the greatest gift, truth is the most 
efficacious kind of austerity, truth is the highest duty 
in the world, thus it has been revealed to us. 

215. The gods are truth simply, the human race 
is falsehood. He whose mind is persistent in truth, 
obtains a divine state in this world even. 

216. Speak truth and discard falsehood. It is 
through truth that thou shalt attain heaven. By 

Digitized by 


94 nArada. 1,217- 

uttering a falsehood thou wilt precipitate thyself into 
a most dreadful hellish abode. 

*2i'j. And in the hells the merciless attendants of 
Yama, endowed with great strength, will cut off thy 
tongue and strike thee with swords, constantly, 

*2 1 8. And attack and pierce thee with spears, while 
thou art wailing helpless. When thou art standing, 
they will fell thee to the ground and fling thee into 
the flames. 

*2TQ. After having sustained thus for a long while 
the acute tortures of hell, thou shalt enter in this 
world the horrid bodies of vultures, crows, and other 
(despicable creatures). 

*220. Having discovered these evils with which 
falsehood is attended, and knowing, on the other 
hand, the advantages resulting from veracity, thou 
must speak truth and (thereby) save thyself. Do 
not ruin thyself wantonly. 

221. Neither relatives, nor friends, nor treasures, 
be they ever so great, are able to protect those who 
are about to be plunged into the tremendous darkness 
(of hell). 

222. Thy ancestors are in suspense, when thou 
hast been appointed to give evidence (reflecting in 
their minds) : ' Will he conduct us (into heaven) or 
will he precipitate us (into hell) ? ' 

223. Truth is the self of man. Everything de- 
pends on truth. Therefore thou must be intent on 
acquiring bliss by thy own effort, by speaking truth. 

224. Whatever lies between that night in which 
thou wast born, and that night in which thou art to 
die (thy whole life in fact) has been spent in vain by 
thee, if thou givest false evidence. 

225. Those places of abode which are destined 

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for the murderer of a Brahman, and those which 
await the murderer of a woman or child, and the 
regions awaiting an ungrateful man, are reserved 
for a false witness. 

226. There is no higher virtue than veracity, nor 
heavier crime than falsehood. A man must speak 
truth therefore, particularly when he has been ap- 
pointed to give evidence. 

* 227. There are two ancient verses (which run 
as follows) : ' If a man is base enough to speak falsely 
in regard to the affairs of a stranger, what may not 
such a wretch be expected to do, fearless of hell, 
where his own welfare is concerned ? 

* 228. All affairs are connected with speech, have 
speech for their root, and depend on speech. He 
who steals a good speech (by violating truth) is 
capable of committing any theft (or other crime).' 

16. Valid Evidence. 

229. Where there is conflicting evidence, the 

plurality of witnesses decides the matter. If the 

number of witnesses is equal (on both sides), the 

testimony of those must be accepted as correct, 

228. 'Theft' is a very wide term under the Hindu law. The 
Code of Manu includes in the denomination of theft, forgery of 
documents and of coins, unlawful sales, and dishonesty generally. 
For hita»i one might read hi t&m, ' For he who steals speech.' Manu 
IV, 256. 

229. Manu VIII, 73 ; Ya^navalkya II, 78; Vishwu VIII, 39. 
229, 230. Where witnesses endowed with a good memory are 

found on both sides in equal numbers, evidence based on recollec- 
tion is incapable of influencing the decision of the suit. The 
witnesses must not be examined, and the above rule comes into 
force, that the witnesses become incompetent, because they do not 
agree with one another. A. See par. 161. 

Digitized by 


96 nArada. i, 330. 

whose veracity is not liable to suspicion. If the 
number of such witnesses is equal (on both sides) 
(the testimony of these must be accepted), who are 
possessed of a superior memory. 

17. Invalid Evidence. 

230. Where, however, an equal number of wit- 
nesses possessed of a good memory is found on 
both sides, the evidence of the witnesses is entirely 
valueless, on account of the subtle nature of the law 
of evidence. 

231. But wherever a litigant has been abandoned 
by his own witnesses through the act of fate, the 
sages have declared that he cannot be absolved by 
(the performance of) an ordeal even. 

* 232. Where, the time forgiving testimony having 
arrived, a witness does not make a consistent state- 
ment with reference to the questions under notice, 
his testimony is as good as ungiven. 

* 233. If the witnesses were to disagree with one 
another as to place, time, age, matter, quantity, 
shape, and species, such testimony is worthless like- 

* 234. If the witnesses wrongly name too low or 
too high a sum, this too must be known to make no 
evidence. This is the rule of witnesses. 

18. What has to be done in default of both 
Witnesses and Documents. 

* 235. When, owing to the negligence of the 
creditor, both a written contract and witnesses are 
missing, and the opponent denies his obligation, 
three different methods may be adopted. 

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* 236. A timely reminder, argument, and, thirdly, 
an oath, these are the measures which a plaintiff 
should adopt against his adversary. 

• * 237. He who does not refute his (adversary's) 
statements, though he has been reminded again and 
again, three, or four, or five times, may be compelled 
to pay the debt in consequence. 

* 238. If the defendant has rejected a demand (to 
pay), he shall aggress him with arguments relative 
to place, time, matter, the connexions (existing be- 
tween the two parties), the amount (of the debt), the 
contents (of the written contract), and so forth. 

♦239. If arguments also are of no avail, let him 
cause the defendant to undergo one of the ordeals, 
by fire, water, proof of virtue, and so forth, (which 
may seem) appropriate to the place, to the season, 
and to the strength (of the defendant). 

236. 'A timely reminder,' timely appeals to the debtor and to 
the witnesses who have attested the loan. ' Argument,' arguing that 
the sum in dispute has been previously repaid, or the obligation 
acknowledged by the debtor. Thirdly, he may attack the defendant 
with an oath or ordeal, such as e.g. by causing him to swear by his 
own good actions, or to undergo the ordeal of sacred libation. &c. 
A. The term 'a reminder' is not correctly explained byAsahdya, 
as the rule under notice refers to those cases where witnesses are 

237. If a debtor has again and again been addressed by his 
creditor, saying, ' Thou owest me money,' and the debtor does not 
deny the correctness of the assertion, he shall be bound to pay the 
debt. Raghunandana's Vyavaharatattva. 

238. Asahaya says that the various arguments mentioned in this 
verse shall be resorted to successively, arguments relative to time 
having to be proffered when arguments relative to place have failed, 
and so on. 

239. The term japatha denotes both an ordeal and an oath in 
this place, though some of the commentators deny that .rapatha may 
have the former meaning. 

[33] H 

Digitized by 


98 NARADA. T, 240. 

240. He whom the waters keep below the surface, 
and whom blazing fire does not burn, is considered 
to refute the charge. In the opposite case he is 
deemed guilty. 

•241. Proof by ordeal takes place (if an offence 
has been committed) in a solitary forest, at night, in 
the interior of a house, and in the case of a heinous 
offence, or denial of a deposit. 

* 242. (Ordeals) are equally (applicable) in the case 
of those women, whose morality has been impeached, 
in cases of theft and robbery, and in all cases of denial 
of an obligation. 

* 243. Of the gods and .tfeshis even, the taking 
of oaths is recorded. VasishMa took an oath when 
he was accused of having assumed the shape of an 
evil spirit. 

240. If a man who is performing the ordeal by water does not 
rise from water, and if blazing fire, which he is holding in his hand, 
does not burn him, he is freed from the charge, otherwise he is 
deemed guilty, i.e. criminal. A. ManuVIII, 115. It does not 
become quite clear whether the divine tests referred to in this para- 
graph are identical with the ordeals by water and fire as described 
further on. See the translations of Manu, and Professor Stenzler's 
and Dr. E. Schlagintweit's papers on Ordeals in Ancient India. 

242. Where the conduct of a woman, i.e. her morals, is called 
into doubt ; where theft or robbery is alleged to have been com- 
mitted ; and where anything has been declared false, for all heavy 
charges in short, this rule regarding the performance of ordeals has 
been laid down. A. 

243, 244. ManuVIII, no. 

243. The great sage Vasish/Aa, being suspected of being an evil 
spirit, took an oath, and was cleared of suspicion thus. A. The 
story, to which allusion is made in this place, is told by the com- 
mentators of the code of Manu. Vwvamitra accused his rival 
VasishMa before King Sudas as having eaten up his hundred sons, 
in the shape of a Rakshasa (malignant spirit). Vasish/^a thereupon 
exclaimed, ' I will fall dead on the spot if I am a Rakshasa.' 

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*244. The seven 7??shis resolutely took an oath 
together with Indra in order to clear themselves 
mutually of suspicion, when each was suspected (by 
the rest) of having taken lotus fibres. 

245. The perpetrator of a wrong action, or of 
a crime, shall be let off with one half of the punish- 
ment due to his offence, if he admits the charge or 
if he makes his guilt known of his own accord. 

246. If, on the other hand, a criminal has cun- 
ningly concealed his crime, and is convicted of it, 
the members of the court of justice will not be satis- 
fied with his conduct, and the punishment inflicted 
on him shall be specially heavy. 

244. The story here referred to occurs in the Purawas. The 
meaning is this : If the great sages even have taken oaths in order 
to clear themselves from suspicion, how much less should ordinary 
mortals refrain from taking an oath. A. According to Medhatithi 
and Govindara^a, the two earliest commentators of Manu, the seven 
^/shis had mutually accused one another of the theft of lotus fibres. 
Indra took an oath when he was suspected with Ahalyi. 

245. One who has committed any wrong or sinful act to the 
detriment of any one whomsoever, or who has become guilty of 
robbery or other crimes, shall have to suffer one half only of the 
punishment ordained for his misconduct, if he acknowledges in 
a court of law the truth of the charge brought against himself 
by the injured party. The same rule obtains, if he has denounced 
himself guilty, though no plaint has been lodged against him. A. 

246. If the perpetrator of a wrong act, or of robbery, &c, denies 
his guilt, on being examined in a court of justice, and is convicted 
afterwards by means of an ordeal or of another mode of proof, the 
assessors of the court will be incensed against and a heavy punish- 
ment inQicted on him, as e.g. he will have to pay twice as much as 
in ordinary cases. Here ends that section of the law of debt which 
consists of ' Rules for those cases where both documents and wit- 
nesses are wanting.' A. 

H 2 

Digitized by 


TOO NARADA. I, 247. 

19. Proof by Ordeal. 

* 247. If no witness is forthcoming for either of 
the two litigant parties, he must test them through 
ordeals and oaths of every sort. 

* 248. (Let him cause a Brahman to swear by) 
truth, (a Kshatriya) by his (horse or other) vehicle, 
and by his weapons, (a Vai-yya) by his cows, seeds or 
gold and so on, (or all) by venerable deities or deified 
ancestors, by their pious gifts or meritorious deeds. 

249. Where a heavy crime has been committed, 
the ruler shall administer one of the ordeals. In 
light cases, on the other hand, a virtuous king shall 
swear a man with (various) oaths. 

* 250. Thus have these oaths been proclaimed by 
Manu for trifling cases. In a suit concerning a heavy 
crime, divine test should be resorted to. 

251. Holy Manu has ordained that five kinds of 
ordeals should be administered to those involved in 
a doubtful case (which has become the object of 
a lawsuit), especially if the matter under dispute is 
of a recondite nature. 

* 252. The balance, fire, water, poison, and, fifthly, 
consecrated water, are the ordeals ordained for the 
purgation of high-minded persons. 

248. In this rule are indicated the various oaths to be administered 
according to the caste and individual character of the offender. A. 
Manu VIII, 114. 

249, 250. These two verses are intended to indicate the difference 
in point of applicability between an ordeal and an oath. A. 

251. Holy Manu has said that those against whom a charge of 
an aggravated nature has been brought, shall have to undergo one 
out of the five ordeals, in order to clear themselves from suspicion, 
especially when a secret transgression is concerned. A. 

252. In this paragraph the author proceeds to enumerate the five 
ordeals singly. A. YSg-ftavalkya II, 95; Vish«u IX, 11. 

Digitized by 


1, 257. ORDEALS. IOI 

* 253. (Those ordeals) have been ordained here 
by Narada for the purpose of proving the innocence 
of criminals who are defendants in a lawsuit, (and) in 
order that right may be discerned from wrong. 

* 254. During the rains let the (ordeal by) fire be 
administered. In the autumn season the balance is 
declared to be (the proper kind of ordeal). The 
(ordeal by) water should be applied in summer, and 
the (ordeal by) poison in the cold weather. 

* 255. The distressed shall not be caused to 
undergo the (ordeal by) water, nor shall poison be 
given to the bilious, nor shall the ordeal by fire be 
administered to persons afflicted with white leprosy, 
or with blindness, or with bad nails. 

* 256. An ordeal should never be administered to 
persons engaged in performing a vow, to those 
afflicted with a heavy calamity, to the diseased, to 
ascetics, or to women, if the dictates of justice are 
listened to. 

257. Where no one declares himself ready to 

253. The five ordeals have been proclaimed by the great sage 
Narada, for the justification of those impeached on account of their 
suspicious conduct, by showing where the wrong lies and where 
not. A. 

254. The five ordeals should be administered, each of them, at 
those very seasons, and not at any other season. A. Vish/iu IX, 
25. 28, 30. 

*55> 2 5 6 - Vishmi IX, 23, 25, 27, 29. 

255. In the case of the persons here mentioned, the ordeals 
referred to should be avoided, on grounds of disease and of incapacity 
to undergo them. A. 

256. ' Persons engaged in performing a vow,' those who have 
performed the ceremony initiatory to a Soma sacrifice. A. 

257. An ordeal should not take place, unless there should be a 
special reason for it, such as an accusation. Therefore an ordeal 
must not be administered, unless there be a plaintiff who declares 
himself ready to take the punishment on himself in case of defeat. 

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102 nArada. 1,258. 

undergo punishment, an ordeal cannot take place. 
An ordeal shall be administered to litigants where 
there is reason for it, but not otherwise. 

258. Therefore an intelligent, virtuous, righteous, 
and wise (king or chief judge) should abstain care- 
fully from administering any one out of the (five) 
ordeals, unless both parties consent to it. 

* 259. The ordeal by water must not take place 
in the cold weather, nor the ordeal by fire in the hot 
season, nor must the (ordeal by) poison be admin- 
istered to any one during the rains, nor the (ordeal by) 
balance in stormy weather. 

20. The Ordeal by Balance. 

* 260. Wise legislators conversant with every law 
have proclaimed, after mature consideration, the 
following rules regarding the mode of performing 
the ordeal by balance, which may be administered 
in every season. 

*26i. The two posts should be dug in every 

A. YSg-navalkya II, 96; Vish«uIV, 20, 21. The reading na di- 
vyzm (for na vina ?) seems wrong. Or translate, ' but there is no 
ordeal for plaintiffs.' 

258. A king or chief-judge, who is endowed with the qualities 
here mentioned, should administer an ordeal with the full approval 
of both parties in a cause, but not otherwise. A. 

259. The times or seasons here referred to should be avoided in 
the case of the ordeal by water and of the other ordeals, because 
they are illegal. A. Vishwu IX, 24, 26, 28, 30. 

260-284. Vishmi X; Ya^ftavalkya II, 100-102. 

260. ' After mature consideration,' after having duly considered 
that the ordeals by fire, water, and poison are subject to many 
interruptions or obstacles arising from time, locality, Sec., wise men 
have devised this ordeal by balance, which may be performed during 
any season. That is the meaning. A. 

261. The apparatus for performing the ordeal by balance, which 
is described in this and the following paragraphs, consists of the 

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1,364. ORDEAL BY BALANCE. 103 

case to the depth of two Hastas below ground. 
(The whole of) their length is ordained to amount 
to six Hastas in extent. 

* 262. The beam of the balance should be four 
Hastas in length, and the height of the two posts 
(above ground) should be the same. The interme- 
diate space between the two posts should measure 
one and a half Hastas. 

* 263. The beam of the balance should be made 
straight, of Khadira or of Tinduka wood, quadran- 
gular and (provided) with three Sthanas and with 
hooks (by which the strings supporting the scale are 
suspended) and with other (contrivances). 

* 264. He should cause it to be made of Khadira 
wood or Simsapa wood, or in default of such, of 

following elements: 1. Two wooden posts, supporting a trans- 
verse beam. The two posts should be fastened in the ground at 
a distance of one-and-a-half Hastas (1 Hasta = about 18 inches), 
facing the' west and east. The part above ground should be four 
Hastas long, and the part below ground two Hastas, the whole 
length of each post amounting to six Hastas. 2. The beam of 
the balance, by which the scales have to be suspended. The 
beam itself, which should measure four Hastas, and should be made 
of Khadira or other strong wood, should be suspended by means of 
an iron hook and chain in the middle of the transverse beam. 
3. The beam of the balance should be surrounded in the middle 
and at the two extremities, by three SthSnas (belts?) by which 
two iron hooks should be fastened. 4. The two scales should 
be suspended at the two ends of the beam, by the iron hooks, and 
by four strings each. 5. Each of the two scales should move in 
a wooden arch (tora«a), which serves the purpose of marking the 
position of the scales. See MitaksharS. and Stenzler's paper on 
Ordeals (vol. ix of the Journal of the German Oriental Society), 
to which a drawing has been added for the purpose of illustrating 
the statements of the Smri'ti writers regarding this kind of ordeal. 

263. Read rt'gvt in the text. 

264. Wood of the Khadira tree is the most eligible sort of wood. 
Then comes Tinduka wood, and lastly .Swwsapa wood. A. 

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104 NARADA. 1, 265. 

.Sala wood, (which must be) without notches and 
withered portions, and devoid of rents. 

* 265. These kinds of timber should be used for 
preparing the beam of the balance, (which should be 
erected) either in the midst of a public assembly, or 
before the gates of the royal palace, or in sight of 
a temple, or in a cross-road. 

266. (The balance) must be dug firmly into the 
earth, after having been covered with perfumes, gar- 
lands, and unguents, and after the performance of 
purificatory and auspicious ceremonies with sour 
milk, whole grain, clarified butter, and perfumes. 

267. This ordeal should always be administered 
in the presence of the guardians of the world, who 
must be invoked to be present for the protection (of 
virtue and justice), and in sight of everybody (who 
cares to look on). 

* 268. It is ordained that all ordeals should be 

265. The various places here mentioned are the favourite abodes 
of Dharmara^a (the king of justice), when he appears on earth. A. 
The Viramitrodaya and other compositions quote two verses of 
Katyayana, to the effect that ordeals should be administered to 
felons in sight of a temple ; to those who have offended against the 
king, before the gates of his palace ; to low-caste persons, in a 
cross-road; and to other offenders, in the midst of a public 
assembly, or court of justice. 

266. It appears from the statements of other legislators, that the 
ceremonies to be performed on this occasion are perfectly analo- 
gous to those which have to take place on the occasion of preparing 
a sacrificial stake (yupa). 

267. ' In sight of everybody,' not in a solitary spot. A. 
268-270. This is a digression relative to certain exceptions to 

the rule in pars. 257, 258. Ya^wavalkya II, 96, 99 ; Vishmi IX, 22. 

268. An ordeal is ordained, when the plaintiff declares himself 
ready to undergo punishment. Where, however, any outrage has 
been committed against the royal family, an ordeal should be 
administered even without a declaration of this sort. A. 

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administered in the forenoon, the person (to be 
tested) having fasted for a day and a night, taken 
a bath, and wearing his wet dress. 

269. Excepting cases of high treason, an ordeal 
shall not be administered, unless the plaintiff comes 
forward and declares himself ready to undergo pun- 
ishment in case of his being defeated. 

270. The king may inflict ordeals on his own 
servants, even without the one party declaring him- 
self ready to undergo punishment. On the other 
hand, in the case of other persons accused of a 
crime, (he should administer ordeals) according to 
law (only). 

* 271. After having well fastened the two scales 
by the hooks of the beam, he should place the man 
in the one scale and a stone in the other. 

The essential features of the proceedings described in pars. 
271-284 may be summarized as follows : 1. The person to be 
tested by this ordeal should be placed in the one scale, and a 
basket filled with stones and sand placed in the other scale, as an 
equivalent. 2. The basket having been made precisely equal in 
weight to the man with the help of goldsmiths and other persons 
skilled in the practice of weighing, the position of the beam should 
be marked on each of the two arches. 3. After that, the man 
should be allowed to descend from the scale. The judge should 
admonish him, and he should get into the scale again, after a bill 
recounting the charge raised against him has been fastened on his 
head. 4. A Brahman should address the balance with prayers. 
5. The man having descended once more from the scale, the result 
of the second weighing should be compared with the result of the 
first weighing. If he has risen, i.e. if he has proved lighter than the 
first time, he shall be acquitted ; if the scale has gone down, or if it 
has remained in the same place as before, he must be pronounced 
guilty. 6. If any part of the balance has broken during the 
proceeding, he has to be acquitted. 

271. The term 'a stone' seems to denote an equivalent here 
and in the next paragraph. The sequel shows that the equivalent 
consists of a basket filled with stones and other objects. 

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106 nArada. i, 272. 

* 272. He should weigh the man on the northern 
side, and the stone on the southern side. There 
(in the southern scale) he should (place) a basket 
and fill it up with bricks, mud, and grains of sand. 

273. In the first weighing, the weight (of the man) 
should be ascertained with the aid of experienced 
men, and the arch marked at that height which 
corresponds to the even position of the two scales. 

* 274. Goldsmiths, merchants, and skilful braziers 
experienced in the art of weighing, should inspect 
the beam of the balance. 

* 275. After having first weighed the man, and 
having made (on the arches) a mark for the beam, 
in order to show the (even) position of the scales, 
he should cause him to descend from the balance. 

* 276. After having admonished him with solemn 
imprecations he should cause the man to get into 
the scale again, after having fastened a writing on 

273-275. Goldsmiths, merchants, braziers, and other persons 
familiar with the art of weighing, should ascertain whether the man 
and the equivalent are precisely equal in weight, and whether the 
beam of the balance is quite straight, by pouring some water (on 
the beam of the balance ?). A. According to the Pitamaha-smri'ti, 
the water shall be poured on the beam of the balance. If it does 
not trickle down from the beam, the beam may be supposed to be 
straight The way in which the position of the scales and of the 
beam of the balance has to be marked on the two arches, may be 
gathered from the Ya^avalkya-smn'ti, which ordains that a line 
shall be drawn (across the arches). 

276. He should cause the man to get into the scale once more, 
after having reminded him of his good actions and of the pre- 
eminence of truth, having invoked the deities, and having fastened 
on his head a bill recounting the charge, and containing an impre- 
cation. The whole proceeding must not take place in windy or 
rainy weather. A. The Vlramitrodaya and other compilations 
quote another text of Narada, according to which no verdict 
should be given if the scales have been moved by the wind. 

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his head. There must be neither wind nor rainfall 
(at the time when this ordeal is being performed). 

277. When he has ascended (the scale), a Brah- 
man, holding the scale in his hand, should recite the 
following : ' Thou art called dha/a (a balance), which 
appellation is synonymous with dharma (justice). 

* 278. Thou knowest the bad and good actions of 
all beings. This man, being arraigned in a cause, is 
weighed upon thee. 

279. Thou art superior to gods, demons, and 
mortals in point of veracity. 

[Thou, Balance, hast been created by the gods in 
time out of mind, as a receptacle of truth. 

* 280. Deign to speak truth, therefore, O propi- 
tious being, and deliver me from this perplexity. If 
I am an offender, take me down. 

*28i. If thou knowest me to be innocent, take 
me upwards.] Therefore mayst thou deliver him 
lawfully from the perplexity in which he is involved.' 

282. After having addressed him, (invoking) the 
guardians of the world and the gods, with these 
and other such speeches, he should cause the man 
who has been placed in the scale, to descend once 
more and should ascertain (the state of the matter). 

* 283. If he rises, on being weighed (for the 
second time), he is undoubtedly innocent If his 

27 7. This quibble is based on the fact that the two words Dha/a 
and Dharma commence with the same syllable. 

279-281. The words enclosed in brackets cannot be genuine. 
They appear to be a quotation from the Ya^wavalkya-smriti (II, 
101, 102), which has been added as a marginal gloss by a copyist, 
and has subsequently crept into the text. Ya^riavalkya puts this 
entire address in the mouth of the defendant himself, whereas all 
the other Smriti writers put it in the mouth of a third person. 

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1 08 NARADA. 1, 284. 

weight remains the same as before, or if he goes 
down, he cannot be acquitted. 

* 284. Should the scales break, or the beam or 
the hooks split, or the strings burst, or the trans- 
verse beam split, (the judge) shall pronounce a formal 
declaration of his innocence. 

21. The Ordeal by Fire. 

* 285. I will propound, next, the excellent law re- 
garding the (ordeal by) fire. The interval between 

284. It seems strange that the accidents mentioned in this para- 
graph should be viewed as proofs of innocence. Vishmi, Katyayana, 
and Vyasa rule that the proceeding shall be repeated in every such 
case. Br/haspati says that these accidents shall be taken as proofs 
of guilt. The reading murtitaA may be wrong (for punaA sa ? 'he 
shall cause the proceeding to be repeated ') v See Vyasa. 

285-303. Vishmi XI; Ya^wavalkya II, 103-107. 

The essential features of the ordeal by fire are as follows: 
1. Eight concentric circles of equal breadth are marked on a piece 
of ground. 2. An iron ball is heated repeatedly by a blacksmith. 
3. The hands of the defendant are examined, and all existing sores 
or scars coloured with dots. 4. His hands are wrapped up in 
leaves, in order to protect them against the hot iron. 5. A prayer 
addressed to Agni, god of fire, shall be recited and written on a 
leaf, which is fastened on the head of the defendant. 6. The iron 
ball is placed in his hands, and he is made to walk slowly through 
all the circles successively, taking one circle with each step. On 
reaching the last circle he may throw the ball on the ground. 

7. His hands are examined once more. If they are found to con- 
tain any fresh sores or wounds, he is guilty ; if not, he is innocent. 

8. If he lets the ball drop from fear, before having reached the last 
circle, or if the examination of his hands has yielded no definite 
result, the whole proceeding has to be repeated. 

285. Other legislators state that each circle shall be thirty-two 
Angulas broad together with the space situated between it and 
the next circle. In par. 299 it is said that the breadth of each 
circle shall equal the length of the defendant's foot This rule, 
according to the commentators, refers to the circle minus the inter- 
mediate space between it and the next circle, and means that a 

Digitized by 


I, »93- ORDEAL BY FIRE. 109 

every two circles is ordained to measure thirty-two 

* 286. Thus the space covered by the eight 
circles will measure two hundred and fifty-six 

* 287. He should place seven leaves of the holy 
fig-tree in the hands of the defendant, and should 
fasten the leaves (on his hands) with seven threads. 

* 288. A professional blacksmith, who has prac- 
tice in working with fire, and whose skill has been 
tested on previous occasions, should be caused to 
heat the iron in fire. 

* 289, 290. An iron ball fifty Palas in weight 
having been repeatedly made fiery, sparkling and 
red-hot, a pure Brahman who reveres truth, should 
address it as follows, when it has been heated thrice: 
' Listen to the law of Manu, which is superintended 
by the guardians of the world (themselves). 

* 291. Thou, O fire, art the means of purification 
and the exalted mouth of all the gods. Thou, dwell- 
ing in the heart of all beings, knowest this affair. 

* 292. Truth and falsehood proceed from thy 
tongue. Deign not to show thyself unworthy of the 
character thus attributed to thee in the Vedas and 
other books. 

* 293. This man (the defendant) has been thus 
addressed by that man (the plaintiff), and has denied 

circle shall equal the defendant's foot in breadth, where the foot is 
longer than sixteen Angulas. Pitamaha says that the outlines of 
the circles shall be marked with cow-dung. 

288. « A professional blacksmith,' not one officiating temporarily 
in that capacity. A. 

289, 290. The Viramitrodaya says that the iron ball shall be 
put into cold water, after it has been heated for the first and second 

Digitized by 


HO NARADA. 1,394- 

the charge, (declaring) " I will seize the fire, in order 
to show that it is all untrue." 

* 294. Thus confiding in truth, this man is holding 
thee. Therefore, O fire, be cool for him, if he speak 
the truth. If, however, he should tell a lie, as a 
sinner, I implore thee, to burn his hands.' 

* 295. This prayer having been carefully written 
on a leaf and recited, he should fasten the leaf on 
his head, and after having done so, should then give 
him the iron ball. 

* 296. Having bathed and stepped into the space 
covered by the (eight) circles, he should seize the 
fiery ball, take his stand in one circle, and walk 
slowly through the seven others. 

* 297. (The man) must not put it down again till 
he has passed through the whole of the measured 
ground. On reaching the eighth circle, he may drop 
the fiery ball. 

* 298. That man who lets the ball drop from fear, 
or who cannot be proved to have been burnt, shall 
take the hot iron once more ; this is a fixed rule. 

* 299. Each circle should be made as broad as his 
foot. He must not go further than the breadth of 
one circle with one step, nor must he remain 
behind it. 

300. In this way the ordeal by fire should always 
be performed. It is adapted for every season except 
summer and very cold weather. 

* 301. All sores or scars on his hands should be 
marked with signs previously, and one should ex- 
amine the hands again afterwards (and look after) 
the dots with which (the sores) have been marked. 

299. Read tatpadasawmitam in the text. 

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* 302. If it does not appear whether (either of) the 
two hands is burnt, he shall take and seven times 
crush grains of rice in his hand, with all his might. 

* 303. The grains having been crushed by him, if 
the members of the court should declare him to be 
unburnt, he shall be honourably released as being 
innocent. If he is burnt, he shall receive due 

22. The Ordeal by Water. 

304. I will now proclaim the excellent law regard- 
ing the (ordeal by) water, (which may be performed 
at all seasons) one after the other, excepting the 
winter and dewy seasons. 

* 305. (This ordeal may be performed) in streams 

302, 303. The crushing of grains of rice serves the purpose 
of making visible such wounds as might have been overlooked 
previously. Here ends the section of the ordeal by fire. A. 

305-317. VishauXII; Ya^-navalkya II, 108, 109. 

The ordeal by water may be briefly described as follows: 
1. This ordeal should be either performed in a tank or in a river 
which has no swift current. 2. Three arrows should be discharged 
from a bow of middling size. 3. After that, a strong man should 
enter the water as far as his navel. The defendant should seize 
him by the thigh and dive under water. 4. A swift runner should 
be sent after the second arrow. When he has reached the place 
where it has fallen, another equally swift runner should be sent 
back with it to the place where the defendant has entered the water. 

5. The defendant is declared innocent, if he has remained under 
water till the arrow has been brought back. He is declared guilty, 
if any one of his limbs have been seen, or if he were to emerge 
from the water in a diffeient spot from that where he entered it. 

6. During the proceeding, a prayer is addressed to the deity of 
water, in which it is asserted, that fire arose from water, and that 
the water ordeal is superior therefore to the ordeal by fire. 

305. The winter season comprises the months Agrahayawa and 

Digitized by 


1 1 2 NARADA. I, 306. 

which have not too swift a course, in oceans, in 
rivers, in lakes, in ponds dug by the gods, in tanks, 
and in pools. 

* 306. The diving shall take place after three 
arrows have been discharged from a bow which 
must not be too strong. Wise men (have declared) 
what its strength should be. 

*307. A strong bow is declared to be 107 
(Arigulas) long, a moderate bow 106, and an inferior 
bow 105 (Angulas). This is declared to be the rule 
regarding the bow. 

* 308. A strong man should be placed like a pillar 
in water, reaching to his navel. The defendant should 
seize him by the thigh and dive under water. 

Pausha. The dewy or cold season (.Swire) comprises the months 
Magha and Phalguna. It appears, therefore, that the ordeal by 
water must not be performed during the period extending from the 
middle of November to the middle of March, i. e. during the cold 
weather. This is no doubt because the low temperature of the 
water during the cold weather might affect the capacity of the 
defendant to hold out under water sufficiently long. 

306. Devakhata, • a pond dug by the gods,' denotes a natural 
hollow or lake. (Bohtlingk's Dictionary.) Nandapamtfita, in his 
Commentary of the Vishmi-smri'ti (LXIV, 16), gives the well- 
known lake of Pushkara, near A^mir, as an instance of a Deva- 

307. It seems strange that the difference in length between the 
bows should not amount to more than one Angula or inch. The 
commentators take the three numerals in this paragraph to denote 
105, 106, and 107 respectively, and I have translated in accordance 
with this interpretation. It is, however, possible to translate the 
three numerals by 500, 600, and 700 respectively, and to refer them 
to the number of Hastas (1 Hasta=i8 inches) traversed by each 
of the three arrows. According to another text, which is wrongly 
attributed to Narada by some commentators, the arrows shall be 
shot at a target, which has to be placed at a distance of 150 Hastas 
from the. marksman. 

Digitized by 


I,3i6. ORDEAL BY WATER. 113 

♦309. From the place where the arrows have 
been discharged, a young man endowed with swift- 
ness of limb should walk as quickly as possible to 
the place where the middlemost arrow has fallen 

*3io. Another man, who must be an equally 
swift runner, should seize the middlemost arrow and 
return with it quickly to the place from which the 
(first) man has proceeded. 

311. If he who took the arrow does not see the 
defendant in water on arriving, because he is com- 
pletely under water, the defendant must be acquitted. 

* 312. Otherwise he is guilty, though only one 
limb of his have become visible. (He is pronounced 
guilty) equally, if he has moved to a different 
place than that where he was first immersed. 

* 313. Women or children must not be subjected 
to the ordeal by water by persons acquainted with 
the law ; nor sick, superannuated, or feeble men. 

* 314. Cowards, those tormented by pain, and per- 
sons afflicted by a calamity should also be held 
exempt from this trial. Such persons perish imme- 
diately after diving, because they are declared to 
have hardly any breath. 

* 315. Should they even have appeared before 
the court on account of a serious crime, he must 
not cause them to dive under water, nor must he 
subject them to the ordeal by fire, or give them 

* 3 1 6. ' Nothing is more capable than water and fire 
of showing the difference between right and wrong. 

316, 317. These two paragraphs contain the prayer by which 
the deity of water should be addressed. A. _ Vish«u ijjjl . 8 ; Y&gHz- 
valkya II, 108. 

[333 I 


1 14 nArada. i, 317. 

Because fire has arisen from the waters, therefore 
suspected persons 

* 3 1 7. Are subjected to this proof by preference, 
by persons thoroughly conversant with the law. 
Therefore deign, O venerable Lord of Waters, to 
effect acquittal through truth.' 

23. The Ordeal by Poison. 

* 318. Now I shall proclaim the excellent rule re- 
garding the ordeal by poison : at what time, in what 
manner, and in what form it should be administered. 

*3i9. The exact quantity of the poison (to be 
given) having been fixed by persons conversant 
with the essence of law, it shall be weighed, and 
given to the defendant in the autumn season, when 
winter sets in. 

320. A man acquainted with law, must not (ad- 
minister this ordeal) in the afternoon, nor in the 

318-326. The ordeal by poison consists of the swallowing of 
a mild poison by the defendant. He is innocent if he digests the poison 
without being affected by it. Vishmi XIII ; Ya^flavalkya II, 1 10, 1 1 1. 

319. The autumn season, .Sarad, comprises the two months of 
Ajvina and Karttika, or from middle of September to middle of 
November. The winter season comprises the two months of 
Aprahayawa and Pausha, or from middle of November to middle 
of January. Mitramura, who quotes this text in the Vtramitrodaya, 
asserts that the term ' the winter season ' must be taken in this 
place to include the dewy season, .Sirira, as well, i.e. the time from 
middle of January to middle of March. 

320. Though the season of .Sarad has been referred to in par. 
319, it must be reckoned among the prohibited seasons according 
to par. 320. A. This observation seems to be just, because the 
performance of this ordeal in the -Sarad season is prohibited in 
par. 324 as well. Vasanta, the spring season, extends from middle 
of March to middle of May. Grfshma, the hot season, extends 
from middle of May to middle of July. Varsh£, the season of the 
rains, extends from middle of July to middle of September. 

Digitized by 



twilight, nor at noon. It must be avoided, likewise, 
in the autumn, summer, spring, and rainy seasons. 

*32i. Spoiled poison, shaken poison, scented 
and mixed poison, as well as Kalaku/a and Alabu 
poison, should be carefully avoided. 

♦322. Poison from the .SWnga plant, which grows 
in the Himalayas, of an excellent quality, having (the 
required) colour, flavour, and taste, and preserving 
its natural condition, should be given to members of 
the Kshatriya, Vaiyya, and .Sudra castes. 

* 323. Let him give to the defendant one-eighth 
less than the twentieth part of a sixth part of a Pala 
of the poison, mixed with clarified butter. 

* 324. Six Yavas should be given in the rainy 
season ; five Yavas in the hot season ; seven or eight 
in the winter season; in the autumn season this 
ordeal must not take place. 

* 325. ' Thou, O poison, art the son of Brahman. 

321. Spoiled, shaken, scented, and mixed poison should be 
avoided, because it has been changed from its natural state (into 
something different). Kalaku/a and Alabu poison should be 
avoided, because it is too strong. A. Kalaku/a is a certain deadly 
poison contained in a bulbous root or tuber. According to a well- 
known myth, the Kalaku/a poison was produced at the churning of 
the ocean, when it threatened to destroy the whole world, and was 
therefore swallowed by .Siva. Al&bu is the bottle-gourd. 

323. There are 960 Yavas to a Pala. The fraction, therefore, is 
as follows : — 960 • £ • ^ • |= 7 Yavas. In par. 324, the author 
says that seven or eight Yavas of poison should be given in winter, 
i.e. in that season when this ordeal is ordinarily administered. 
Vishmi lays down generally that seven Yavas of poison should be 

324. This rule shows that the prohibition which has been 
levelled in par. 320 against the performance of this ordeal in the 
rainy and summer seasons, must not be interpreted too strictly. 

325. This is the prayer which should be addressed to the 
poison. A. 

I 2 

Digitized by 


x 16 nArada. 1,336. 

Truth and virtue are thy support. Clear this man 
from guilt. Become (like) Ambrosia to him, through 

* 326. Let the man be kept in a shadowy place 
without taking food, for the whole remainder of 
the day. If he remains free from convulsions such 
as are generally caused by poison, he is declared 
innocent by Manu. 

24. The Ordeal by Sacred Libation. 

* 327. Now I shall proclaim the excellent rule 
regarding the ordeal by sacred libation, as it has 
been laid down, for all seasons indiscriminately, by 
learned men. 

* 328. The consecrated water shall be given, early 
in the morning, to a virtuous man, who believes in 
God. He must have fasted and bathed, and wear 
his wet clothes. 

* 329. The defendant should be made to drink 
three mouthfuls of water in which (an image of) the 
deity whom he holds sacred has been bathed and 

* 330. If he should meet himself with any calamity 

326. Here ends the chapter of the ordeal by poison. A. 
327-333. Vish»u XIV; Yi^€avalkya II, 11a, 113. 

327. The ordeal by sacred libation is performed by swal- 
lowing three mouthfuls of consecrated water in which an idol has 
been bathed. The defendant is declared innocent, if no misfortune 
befalls him within a certain period after this trial. 

328. Immoral persons and infidels must not be subjected to 
this ordeal, because they are already deprived of the assistance of 
the gods in every case. A. Read purv£h»e in the text. 

330. If any misfortune should happen to him, through the act 
of the king or through fate, it shall be taken as proof of his 
guilt. A. Other legislators refer in particular to illness, fire, death 

Digitized by 



within a week or a fortnight (after having under- 
gone this ordeal), it shall be regarded as proof of 
his guilt. 

*33i. If a great misfortune even should befall 
him after the lapse of a fortnight, he must not be 
harassed by any one, because the fixed period has 

* 332. The drinking of consecrated water should 
be avoided in the case of great criminals, irreligious 
or ungrateful men, eunuchs, low rascals, unbelievers, 
Vratyas, and slaves. 

333. A righteous king, who administers the five 
ordeals to persons charged with a crime in the way 
which has been stated, acquires prosperity both in 
a future state and in this life. 

* 334. The ordeal by water is destined for the hot 
season. The ordeal by poison (should be admin- 
istered) in very cold weather. A Brahman should 
be tested by the balance, fire is reserved for the 

* 3 3 5- The ordeal by water should be administered 
to the VaLsya. Poison should be given to the .Sudra. 
He must not give poison to the Brahman, nor should 
a Kshatriya take the (hot) iron. 

of a relation, or punishment inflicted by the king. Nor is every 
sort of disease to be considered as proof of guilt. It is obvious 
that the inclusion of a punishment inflicted by the king among the 
proofs of guilt tends to place the defendant at the mercy of the 
sovereign power. 

332. All the various categories of persons that are mentioned 
here as unfit for the performance of this ordeal are so because 
they are already deprived of the assistance of the gods in every 
case. A. Vrityas, those who have not been invested with the thread. 

333. The term ' persons charged with a crime ' may denote 
both real offenders, whose offence has remained secret, and wrongly 
accused persons. A. 

Digitized by 


n8 nArada. 1,336. 

336. The (five) ordeals, ending with the sacred 
libation and beginning with the balance, should be 
administered in the case of heavy charges. One 
hundred and fifty (Pa»as) should be given (to the 
defendant) if he has been acquitted. One who has 
not been acquitted is liable to punishment. 

25. The Rice Ordeal. 

* 337. Now I will proclaim the rule regarding the 
grains of rice which have to be chewed (by the 
defendant). This rice ordeal should be administered 
in cases of larceny, but on no other occasion what- 
soever. That is the law. 

* 338. Let the judge, who must have cleansed him- 
self previously, use white grains of rice, but not (the 
grains) of any other fruit, and let him place them in 
an earthen vessel in the sight of (an image of the 
deity of) the sun. 

339. After having mixed them with water in 
which (an image of the sun-god) has been bathed, 
he shall leave them in that place for a night. At 
daybreak, after having prepared them three times, 
a worshipper of the gods shall give them himself 

340. (To the defendant), who must be facing the 
east and must have bathed and fasted, after having 
proclaimed the charge himself, in order that right 
may be discerned from wrong. 

337-342. The rice ordeal consists of chewing a number of 
grains of rice in the husk. If the tooth-flesh is hurt and if blood 
issues forth, or if the man is seen to be trembling during the pro- 
ceeding, it is viewed as a proof of guilt. Otherwise he is acquitted. 

339. Should the reading be triA kr/'tvaA, ' (he shall give them) 

Digitized by 



* 341. When the defendant has chewed the grains, 
he shall cause him to spit them on a leaf. If a leaf 
of the holy fig-tree be not available, he shall take 
a leaf of the birch-tree (for that purpose). 

* 342. Should blood issue forth, or the tooth-flesh 
be hurt, or the limbs shake, he must be pronounced 

26. The Ordeal of the Hot Piece of Gold. 

343. Now I shall give a description of the ordeal 
of the hot piece of gold, which has been ordained 
by Brahman himself for the purpose of distinguishing 
virtue from vice. 

* 344. (The judge), after having cleansed himself, 
shall quickly pour clarified butter into a golden, silver, 
iron, or earthen vessel, and shall place the vessel 
on the fire. 

* 345. He shall throw into it a shining coin, made 
of gold, silver, copper, or iron, after having washed 
it in water more than once. 

* 346. Should (the coin) ever drop into the boiling 
(mixture), it would be a very dangerous thing to 
touch him (the fire ?). Therefore he must address 
the clarified butter with the following prayer : 

* 347. 'Thou art the best instrument of purifica- 
tion, O clarified butter, and (comparable to) Am- 

343-348. The ordeal of the hot piece ofgold(Taptamasha) 
derives its name from the gold coin (masha) or signet-ring (mu- 
drika), which those who are tried by this ordeal are required to 
pick out of a vessel filled with a boiling liquid, with the thumb and 
forefinger. They are declared innocent, if the hand remains un- 

346. The reading of the first half of this paragraph is quite un- 
certain, and the above rendering conjectural. 

Digitized by 


1 20 NARADA. 1, 348. 

brosia at a sacrifice. Burn this man at once if he is 
criminal, and be as cold as ice to him if he is innocent' 
* 348. If, on touching and examining the forefinger 
(of the defendant) it is found to be unhurt and to 
show no boils, he is innocent Otherwise, he is not 


* 1. Where a man entrust? any property of his 
own with another in confidence and without suspicion, 
it is called by the learned a Deposit, a title of law. 

2. A sensible man should make a deposit with one 
who belongs to a respectable family, and who is 
virtuous, acquainted with his duties, veracious, 
influential, wealthy, and honourable. 

3. In whatever manner a man may have delivered 

348. Some writers refer to two further ordeals, besides the seven 
kinds mentioned by Narada. One of them is the ordeal of the 
red-hot ploughshare, which the defendant is made to lick. The 
other consists of drawing lots. 

II, 1. With one in whom he places no confidence, a man will 
not deposit a single cowry even, without the guarantee of a written 
receipt or of witnesses. On the other hand, he will deposit a 
thousand Suvarwas even, without a receipt or witnesses, with one 
in whose honesty he places implicit reliance. A. 

2. A prudent man may entrust a deposit to one endowed with 
the seven qualities here mentioned, because he feels sure that he 
may recover his property at any time. A. The term mahapaksha, 
' influential,' means literally one who has many friends and relations. 
Identical with Manu VIII, 179. 

3. Thus, e. g. a sealed deposit must be returned with the seal, a 
deposit made before witnesses must be restored in the presence of 
the same witnesses. See Jolly, translation of Book VIII of the 
Code of Manu. Identical with Manu VIII, 180. 

Digitized by 


II, 7. DEPOSITS. 121 

any of his effects to another, in the same manner 
shall that article be restored to him. Delivery and 
receipt ought to be equal. 

4. If the depositary fails to restore the deposit to 
the depositor as he ought, he shall be compelled to 
restore it by forcible means, after his guilt has been 
proved by ordeals or other (modes of proof). 

*5. If one article hidden in another is deposited 
in another man's house, without stating (what it is), 
it is termed an Aupanidhika deposit 

* 6. Deposits are again divided into two species, 
attested and unattested ones. They must be restored 
precisely in the same condition (as they were in at 
the time of their delivery). Otherwise an ordeal 
must take place. 

* 7. The wicked man who does not return a 
deposit, on being asked to do so by the depositor, 
shall be punished by the king. If the deposit has 

4. Where the depositary, actuated by interested motives, refuses 
to restore the deposit, and is convicted of his guilt in a court of 
justice, by an ordeal or by other proof, he must restore it and pay 
twice its value as a fine. A. Manu VIII, 190. 

5. ' One article hidden in another,' such as e.g. a pearl neck- 
lace tied up with a particular sort of knot in a cloth. Such a 
deposit must be restored in the same condition as before, and tied 
with those very knots with which it was originally delivered. A. 
Ya^wavalkya II, 65. 

6. If a deposit has been handed over to the depositary in the 
presence of witnesses, it must be restored before witnesses. If no 
witnesses were present at the time of its delivery, they may be 
equally dispensed with at the time when it is returned to the 
depositor. If it is not returned to him, the depositary must 
perform an ordeal or make an oath, Ac. A. 

7. The last clause concerns a deposit which has not been 
returned on demand. In that case, a calamity arising through 
fate or the king affects the depositary, and not the depositor. A. 
Manu VIII, 191; Vish«u V, 169-171. 

Digitized by 


12 2 NARADA. II, 8. 

been lost or destroyed, he shall make good its 

* 8. If he derives profit from a deposit, by using 
it without the consent of the depositor, he shall be 
punished likewise, and shall restore the profit, 
together with interest, to the depositor. 

* 9. If a deposit is lost, together with the property 
of the depositary, the loss shall be the depositary's. 
The same rule shall obtain, if the loss has been 
caused by fate or by the king; unless (the de- 
positary) should have acted fraudulently. 

10. The depositor being dead, if the depositary 
restores the deposit to his next-of-kin, of his own 
accord, he must not be harassed either by the king 
or by the relations of the depositor. 

11. (The rightful owner) shall try to recover it 
amicably, without resorting to stratagems. Or he 
shall explore (the depositary's) mode of living, and 
cause him to restore it by friendly expostulations. 

8. If the depositary without the knowledge of the depositor 
derives gain from the use of the deposit he shall be punished, and 
shall make over his gain, together with interest, to the depositor. A. 
Ya^navalkya II, 67. 

10. If, the depositor being dead, the depositary through honesty 
restores the deposit to his nearest relative and heir, without having 
been asked to do so, or without the existence of the deposit being 
known to the heir, he must not be harassed by the relatives of the 
depositor asserting, ' He has not restored all,' or by the king. A. 
Manu VIII, 186. 

n. Narayaaa, in commenting on Manu VIII, 187, observes that 
this rule applies to one who believes a deposit to be with another, 
but has not made it over himself. He shall try to recover the 
deposit amicably; or he shall ascertain whether the depositary has 
made extraordinary expenses, and may therefore be suspected to 
have embezzled the deposit. Other commentators explain this 
text in a different manner. See Professor Buhler's note on Manu 
ylll, 187. Nearly identical with Manu VIII, 187. 

Digitized by 


11,15- DEPOSITS. 123 

12. What has been stolen by thieves, carried 
away by water, or burnt by fire, need not be restored 
(by the depositary), unless he should have appro- 
priated something out of it. 

* 13. He who fails to restore a deposit, and he 
who demands what he never deposited, shall both 
be punished like thieves, and shall be made to pay 
a sum equal (in amount to the value of the deposit). 

* 14. The same law applies in the case of Ya^ita, 
Anvahita, and other such deposits, articles made 
over to an artist, Nyasa and Pratinyasa deposits. 

* 15. If a man takes charge of a wealthy boy, the 
law is also the same. These six cases are equal 
(from a legal point of view). 

1 a. If, however, he is convicted, by the performance of an ordeal, 
of having derived some profit from the deposit, he shall restore his 
gabs. A. Nearly identical with Manu VIII, 189. 

13. Either of the two criminals here mentioned must be punished 
like a thief and pay the value of the deposit as a fine. A. Nearly 
identical with Manu VIII, 191. 

14. Ylflta is what has been borrowed for use, especially clothes 
and ornaments, which have been borrowed on the occasion of a 
wedding or other festival. Anvihita is a deposit, which has been 
delivered by the depositor to a third person, on condition of its 
being returned afterwards to the owner. 'Articles made over to 
an artist' are materials to be worked by an artizan, as e.g. gold 
delivered to a goldsmith to be made into an earring. Nyasa is a 
secret deposit, which has been handed over to some one inhabitant 
of the house, behind the back of the house-owner. Pratinyasa is a 
mutual bailment, both parties exchanging deposits with one another. 
Asahaya, Vig jjane-rvara, Mitramwra, &c. Yi^navalkya II, 67. 

15. If a man takes a wealthy boy who has no guardian into his 
house, the property of the boy is subject to the above rules re- 
garding deposits. A. 

Digitized by 


1 24 NARAD A. Ill, 1. 


* 1. Where traders or others carry on business 
jointly, it is called Partnership, which is a title 
of law. 

* 2. Where several partners are jointly carrying 
on business for the purpose of gain, the contribution 
of funds towards the common stock of the associa- 
tion forms the basis (of their undertakings). There- 
fore let each contribute his proper share. 

* 3. The loss, expenses, and profit of each partner 
are either equal to those of the other partners, or 
exceed them, or remain below them, according as 
his share is equal to theirs, or greater, or less. 

*4. The stores, the food, the charges (for tolls 
and the like), the loss, the freight, and the expense 
of keeping valuables must be duly paid for by each 
of the several partners, in accordance with the terms 
of their agreements. 

* 5. (Each partner) is responsible for what has been 

III, a. Thus, e. g. a principal amounting to 1000 Dramraas is 
invested in their common business by four partners. One con- 
tributes one-half of the principal, i.e. 500 Drammas. Another 
contributes one-fifth, i.e. 200 Drammas. A third contributes 200 
Drammas likewise. A fourth contributes 100 Drammas. The per- 
centage of the gain and of the charges will be in accordance with 
the share contributed by each partner. A. 

3. Manu VIII, 211 ; Ya^navalkya II, 259. 

4. The expense incurred by the purchase of merchandise, for 
food, &c, has to be defrayed by all the partners in due shares, 
according to the terms originally agreed on, and the several shares 
contributed by them. A. 

5. He who causes the loss of funds contributed by all the 
partners must make it good, and so must he who has infringed 

Digitized by 


Ill, 9. PARTNERSHIP. 1 25 

lost by his want of care, or in consequence of his 
acting against the instructions of, or without autho- 
rization from, all the other coparceners. 

* 6. Where the property of the partnership is in 
danger through fate, through a gang of robbers, or 
through the king, the tenth part of the goods shall 
belong to him who has preserved them through his 
own exertion. 

* 7. Should one partner meet with an accident, 
his heir shall replace him ; or on failure of an heir, 
another man, or all (the partners) if they are capable 
(of becoming his substitute). 

*8. In the same way, where an officiating priest 
has met with an accident, another (priest) shall 
officiate for him, and receive from him his part of 
the fee to the stipulated amount. 

*q. Where an officiating priest forsakes a sacri- 

tbe rules of the society, or who has caused a loss by acting without 
authorization from his partners. A. Ya^navalkya II, 260. 

6. If any one member of the society exerts himself to guard 
their common property against a fire, or against a gang of robbers, 
or against an encroaching prince who wants to seize it, he shall 
receive a tenth part of it, as a reward for his trouble. A. Ya^«a- 
valkya II, 260. 

7. Should any one among the partners die, his sons or other 
heirs shall take his share. Failing heirs, it shall belong to any 
other partner, who is able to officiate for him. Or, if all are able 
to officiate for him, they all shall take it together. A. Ya^-wavalkya 
II, 265. 

8. If among several officiating priests one should meet with a 
calamity, his share of the work shall pass to another, and the 
stipulated fee shall also belong to his substitute. A. Manu VIII, 

9. If the case of an officiating priest or sacrificer who has left 
the other party from anger, avarice, or some other reprehensible 
motive, and without delinquencies on the part of the other party, 
be brought before the king, he shall punish him. A. Manu VIII, 
389; Ya^navalkya II, 237; Vishnu V, 113. 

Digitized by 


1 26 nArada. Ill, 10. 

ficer, who is no offender and free from guilt, or where 
(a sacrificer) forsakes a faultless priest, they shall both 
be punished. 

* 10. There are three sorts of officiating priests : 
one honoured by previous generations, one appointed 
by (the sacrificer) himself, and one who performs 
the functions of a priest of his own accord through 

* 11. This law applies to hereditary and self- 
chosen priests. But it is no sin to abandon a priest 
officiating of his own accord. 

* 1 2. A trader on reaching a toll-house should 
pay the legal duty. A prudent man must not try 
to evade it, (because) it is called the (king's) tax. 

* 13. If he evades a toll-house, or if he buys or 
sells at another than the legal hour, or if he does 
not state the value (of his goods) correctly, he shall 
be fined eight times the amount which he tried to 

11. In the case of those officiating priests who have been em- 
ployed by the ancestors of the sacrifices, i. e. who are hereditary in 
his family, and in the case of those who have been chosen by 
himself the punishment ordained for forsaking a priest should be 
inflicted. But if the sacrificer abandons one who officiates for him 
from friendship, and employs in his place one better qualified, or 
more acceptable to himself, awarding to him the stipulated fee, he 
is free from blame. A. 

12. A duty is the king's due, and traders must not defraud the 
king of it. A. 

13. There are three ways for evading a duty : one, if a merchant 
avoids a toll-house and thus escapes paying the ordinary toll; 
another, if he buys or sells at an unseasonable time a commodity 
on which he has not paid the customary duty ; a third, if he does 
not state correctly the amount or value of his goods or chattels. 
A merchant, who has committed any one out of these offences, 
shall pay eight times the amount of the duty embezzled by him as 
a fine. A. Manu VIII, 400; Ya£navalkya II, 262. 

Digitized by 



14. It is declared that a wise man should always 
abstain from levying a toll on that property of a 
learned Brahman which belongs to his household ; 
but not (on that which he uses) for trading purposes. 

15. The alms received by Brahmans, the pro- 
perty of stage players, and what is capable of being 
carried on one's back ; on all that he must raise no 

* 16. If a travelling merchant who has come into 
his country should die there, the king shall preserve 
his goods till the heir comes forward. 

* 1 7. On failure of an heir, he must make them 
over to his relatives or connexions. On failure of 
them, he shall keep them well guarded for a period 
of ten years. 

*i8. When such property without an owner, and 
which is not claimed by an heir, has been preserved 
for ten years, the king may keep it for himself. 
Thus the sacred law will not be violated. 

14. The term Srotriya, ' a learned Brahman,' applies to Brahmans 
generally in this place. All the chattels of a Brahman, except 
what belongs to the household furniture, are liable to pay duty. 
Likewise, if he imports and exports goods in trading, those goods 
have to pay duty. A. Manu VII, 133 ; Apastamba II, 10, 26, 10 ; 
Vasish/Aa XIX, 23 ; Vish«u III, 26. 

15. The following three descriptions of property shall be exempt 
from taxation : alms received by Brahmans, no matter how great 
their value ; the property of actors, singers, and the like persons ; 
and what may be carried on the shoulders by any one. A. Vasish/Aa 
XIX, 37. 

18. Read adayadaw in the text. 

Digitized by 


128 nArada. iv, i. 


Resumption of Gift. 

*i. Where a man wishes to resume what he has 
given, because it has been unduly given by him, it 
is called Resumption of Gift, a title of law. 

* 2. What may be given and what not, valid gifts 
and invalid gifts ; thus the law of gift is declared 
fourfold in judicial affairs. 

* 3. Again, what may not be given is eightfold ; 
what may be given is of one kind only; of valid 
gifts there are seven species ; and sixteen sorts of 
invalid gifts. 

* 4. An Anvahita deposit, a Yaiita, a pledge, joint 
property, a deposit, a son, a wife, the whole property 
of one who has offspring, 

* 5. And what has been promised to another 
man ; these have been declared by the spiritual guides 
to be inalienable by one in the worst plight even. 

* 6. What is left (of the property) after the ex- 
pense of maintaining the family has been defrayed, 

IV, 1. ' Unduly ' means in a mode opposed to law. Mit&ksharS, 
Viramitrodaya, Mayukha, &c. Manu VIII, 214. 

2. ' Valid gifts,' literally ' what is given.' ' Invalid gifts,' literally 
' what is not given.' 

4. For the meaning of the technical terms, Anvahita and Y&tita, 
see II, 1 4. The prohibition of such gifts as would leave the family 
destitute appears to relate principally to charitable donations and 
religious endowments. 

4-6. Yi^ftavalkya II, 175. 

6. That only may be given which is left after the cost of living 
has been defrayed for those whom the head of the family is bound 
to support. Any gift, on the other hand, which causes hardship to 
the family, is reprehensible, and not meritorious. A. 

Digitized by 



may be given. But by giving away anything be- 
sides, a householder will incur censure. 

7. He who has, for three years, property sufficient 
to provide for those whom he is bound to maintain, 
or who has even more than that, shall drink the 
Soma juice. 

* 8. The price paid for merchandise, wages, (a 
present offered) for an amusement, (a gift made) from 
affection, or from gratitude, or for sexual intercourse 
with a woman, and a respectful gift, are the seven 
kinds of valid gifts. 

* 9. Invalid gifts are the following (sixteen) : what 

7. This rule applies to those cases where there is more wealth 
than what suffices to maintain the family. A. Manu XI, 7; 
Ya^wavalkya I, 124 ; VasishMa VIII, 10; Vishwu LIX, 8. 

8. Those gifts only are valid which have been made in one of 
the seven modes here mentioned. The sixteen other modes of 
gift are illegal. A. ' A present offered for an amusement,' i. e. what 
has been given to bards, eulogists, and the like persons. ' A gift 
made from affection,' to a daughter or other relative. Vtrami- 
trodaya, tec. Instead of stribhakti, 'sexual intercourse with a 
woman,' the MSS. of Vulg. and the quotations read strfaulka, ' a 
nuptial gift presented to the relations of the wife.' 

9-1 1. 1. ' Fear,' as e. g. if an honest man promises one hundred 
drachmas to a ruffian who addresses him, while he is passing 
through a forest, with the words, • If thou givest me one hundred 
drachmas, thou shalt live. Otherwise, thou shalt die.' 2. ' Anger, 
or hatred :' if a man, actuated by jealousy, says to a Brahman, to 
whom his wife has offered a seat, ' All the furniture which you see in 
this house shall be yours.' 3. ' Sorrow:' if a man, in a heavy afflic- 
tion, declares, ' I will go into the forest. My house has been given 
to Brahmans to-day.' 4. ' Pain : ' a man distressed by a painful 
illness, says to a Brahman, * I have given thee one hundred 
«Suvar«as.' 5. 'A bribe:' a litigant says to an assessor of the 
court, ' I will give thee one hundred Panas if my cause is declared 
victorious by thee.' 6. ' In jest,' what has been laughingly given. 
7. 'Under false pretences,' as e.g. under the following circum- 
stances : — A libidinous man is enamoured of a public woman, by 
the name of iSTutamaJaguri (' Mango Bud '). He is deprived of her 

[33] • K 

Digitized by 


1 30 nArada. IV, 10. 

has been given by a man under the influence of fear, 
anger, hatred, sorrow or pain ; or as a bribe ; or in 
jest ; or fraudulently, under false pretences ; 

* 10. Or by a child ; or by a fool ; or by a person 
not his own master ; or by one distressed ; or by one 
intoxicated ; or by one insane ; or in consideration of 
a reward, thinking ' This man will show me some 
service ; ' 

*u. And so is invalid what was given from ig- 
norance to an unworthy man thought to be worthy, 
or for a purpose (thought to be) virtuous. 

* 1 2 . Both the donee who covets invalid gifts and 
accepts them from avarice, and the donor of what 
ought not to be given who yet gives it away, deserve 

by a Thakur, and is bewailing his separation from her. Some one 
asks him whether he will make him a present of a ring, in case he 
should bring A'utamaTJ^ari before him. He promises to give the 
ring and offers a surety for it. Thereupon the other exhibits a 
Mango bud (A'utaman^ari) to him, instead of the woman ATuta- 
maw^arf. 8. What was given by a child. 9. What was given by 
a fool. 10. What was given by a person not his own master, 
n. What was given by one distressed, as e.g. if a man being 
carried away by a current of water exclaims, ' I will give one 
hundred Suvarsas to any one who saves my life.' 12. What was 
given by one inebriated. 13. What was given by one insane or 
possessed by a demon. 14. What was given through a hope of 
recompense, in expectation of some service to be performed by 
the donee. 15. What was given to an unworthy man, from 
ignorance, as e. g. to a £udra, whom the donor fancied to be a 
Brahman, because he saw him girt with the sacred thread. 16. 
What was given for a purpose (thought to be) virtuous, as e. g. if 
a devout man has made a religious endowment, and the donee 
employs it for gambling or libidinous purposes. A. Other jurists 
construe these texts somewhat differently, in order to obtain 
the sixteen sorts of void gifts distinguished by Narada. Mann 
VIII, 312. 

Digitized by 




Breach of a Contract of Service. 

* 1. If a man has promised to render service and 
fails to render it, it is termed Breach of a Contract 
of Service, a title of law. 

* 2. The sages have distinguished five sorts of 
attendants according to law. Among these are four 
sorts of labourers ; the slaves (are the fifth category, 
of which there are) fifteen species. 

* 3. A student, an apprentice, a hired servant, 
and fourthly, an official ; these must be regarded as 
labourers ; slaves are those born in the house and 
the rest. 

* 4. The sages have declared that the state of de- 
pendence is common to all these; but that their 
respective position and income depends on their 
particular caste and occupation. 

* 5. Know that there are two sorts of occupations ; 
pure work and impure work. Impure work is that 
done by slaves. Pure work is that done by labourers. 

* 6. Sweeping the gateway, the privy, the road, 

V, 1-4. Persons bound to obedience. A. 

3. 'A student,' one studying divine science. 'A pupil,' an. 
apprentice. Vframitrodaya, &c. 

4. Their respective position depends on their caste, and their 
income depends on their occupation. A. 

5-7. Unclean occupations. A. 

6. The term ' sweeping ' has to be construed with all four nouns, 
the gateway and the rest. ' The privy,' i. e. a hole or other 
receptacle of impure substances. ' The place for rubbish,' i.e. a 
place where the dust and other sweepings from the house are 
deposited. Vframitrodaya. 

K 2 

Digitized by 


1 32 NARADA. V, 7. 

and the place for rubbish ; shampooing the secret 
parts of the body ; gathering and putting away the 
leavings of food, ordure, and urine, 

* 7. And lastly, rubbing the master's limbs when 
desired ; this should be regarded as impure work. 
All other work besides this is pure. 

*8. Till he has mastered science, let a student 
attend diligently on his teacher. The same conduct 
has to be observed by him towards his teacher's 
wife and son. 

* 9. Let him preserve chastity and beg alms, lying 
on a low couch and using no ornaments. Let him 
go to rest after and rise before all (others who are 
staying at) his teacher's house. 

* 10. Let him never come or stay without his 
teacher's bidding. His (teacher's) call he must obey 
without hesitation, when he is able to do so. 

11. Let him read at the proper time, when his 
teacher is not averse to it, sitting on a lower seat 
than his teacher, by his side, or on a bench, and 
paying attention (to what he says). 

1 2. Science, like the current of a stream, is con- 
stantly advancing towards the plain. Therefore, let 
one studying science be humble towards his teacher. 

* 13. His teacher shall correct him, if he does not 

8. He must obey his teacher's wife and son, as much as the 
teacher himself. A. 

8-1 1. Vish»u XXVIII, and the references in the Notes to that 

9-15. Rules of conduct for a student A. 

12. 'The current of a stream,' meaning a river, advances into 
the plain, and so does science. Therefore one engaged in studying 
it should always be lowly and humble. A. 

13-14. Gautama II, 42-44; Apastamba I, 28, 29, 31; Manu 
VIII, 299, 300. 

Digitized by 



pay obedience to him, scolding him or chastising 
him with a rope or with a small shoot of cane. 

14. (The teacher) must not strike him a heavy 
blow, nor (must he beat him) on a noble part or on 
the chest ; and he must encourage him, after having 
chastised him. Otherwise the king shall punish him. 

*i5. After having completed his studies, let him 
give the customary present to his teacher and turn 
home. The conduct of a pupil has been declared. 

* 16. If (a young man) wishes to be initiated into 
the art of his own craft, with the sanction of his 
relations, he must go and live with a master, the 
duration of his apprenticeship having been fixed. 

* 1 7. The master shall teach him at his own house 
and feed him. He must not employ him in work 
of a different description, and treat him like a son. 

*i8. If one forsakes a master, who instructs him 

13. Scolding him, i.e. abusing him. A. The Nepalese MS. has 
a better reading of this clause: 'Or he shall beat him without 
hurting him, with ' &c. 

14. A teacher, though angry, must not strike his pupil severely, 
nor on a noble part, nor on the chest. After having beaten him, he 
must again encourage him. If the teacher, actuated by an excess 
of anger, beats him too severely, the pupil shall announce it to the 
king, who shall punish the teacher. A. 

15. Manu II, 245; Ya^navalkya I, 51 ; Apastambal, 11, 30, 1; 
Gautama IX, 1 ; Vish«u XXVIII, 42. 

16-21. Rules for an apprentice. A. 

16. The teacher must make an agreement in this form, ' Let this 
apprentice stay with me so and so long.' Viramitrodaya. 

17. The teacher shall cause the pupil to do the work peculiar to 
his own profession, and no other work, and shall feed him and 
instruct him at his own house. He shall treat him like a son, and 
not like a labourer. A. 

18. If a pupil forsakes his teacher, though the latter has not 
committed a mortal sin or other heavy crime, the teacher may 
compel him by forcible means to remain at his house. A. 

Digitized by 


1 34 NARADA. V, 19. 

and whose character is unexceptionable, he may be 
compelled by forcible means to remain (at the 
master's house), and he deserves corporal punish- 
ment and confinement. 

*iq. Though his course of instruction be com- 
pleted, an apprentice must continue to reside at the 
house of his master, till the fixed period has expired. 
The profit of whatever work he may be doing there 
belongs to his master. 

*20. When he has learnt the art of his craft 
within the (stipulated) period, the apprentice shall 
reward his master as plentifully as he can, and 
.return home, after having taken leave of him. 

21. Or, a certain fee having been agreed upon 
and the skill of the pupil examined, the apprentice 
shall take (his fee) and shall not go to live in the 
house of another man. 

*22. Hired servants are of three kinds: highest, 
middlemost, and lowest. The wages due for their 
labour are fixed in proportion to their skill and to 
the value of their services. 

♦23. Soldiers constitute the highest class, agricul- 
turists the middle class, and porters the lowest class. 
These are the three classes of hired servants. 

19. The whole gain of that work which is done by the apprentice 
while staying at the house of his master after completing his course 
of instruction, belongs to the master, and not to the apprentice. A. 
Ya^navalkya II, 184. 

20. After the lapse of the stipulated period, i. e. when the time 
fixed for his apprenticeship has expired. A. 

a 1. The apprentice shall receive whatever fee has been agreed 
upon, after his skill has been examined by the master. A. The 
only MS. of the earlier recension of the Narada-smmi breaks off at 
this paragraph. The remainder of the present translation has been 
done from the more recent recension of the NSrada-smr/ti. See 

Digitized by 



*24. One appointed to manage the property (of 
the family) and to superintend the household, must 
also be regarded as a labourer. He is also termed 
Kau/umbika (the general family servant). 

* 25. Thus have the four classes of servants doing 
pure work been enumerated. All the others do 
dirty work and are slaves, of whom there are fifteen 

*26. One born at (his master's) house; one pur- 

24. ' The property,' meaning fields or ready money, &c. ' One 
appointed to manage it,' i.e. one deputed to administrate it. 
Viramitrodaya, p. 405. 

26-28. ' One born at (his master's) house,' one born of a female 
slave in the house (of her master). ' One received (by gift),' one 
obtained by the acceptance of a gift and the like. ' One obtained 
by inheritance,' a slave of the father or other ancestor. ' One 
maintained during a general famine,' one whose life has been 
preserved, during a period of dearth, in order that he might do 
service (for his preserver). ' One pledged by his rightful owner,' 
one reduced to the condition of a pledge, for a loan received (by 
his master). ' One released from a heavy debt,' one enslaved for 
debt, whose debt has been paid and who has thereby become the 
slave (of him who paid the debt). ' One made captive in a fight,' 
one defeated in a combat and enslaved by the victorious party. 
' One won through a wager,' one gained through the success of a 
cause, which was preceded by an agreement in this form, ' If I am 
defeated in this quarrel, I will be thy slave.' ' One who has come 
forward declaring, " I am thine," ' one who has promised of his 
own accord to become the slave of another man. ' An apostate 
from asceticism,' one who has forsaken the order of religious 
ascetics. ' One enslaved for a stipulated period,' one obtained 
through an agreement in this form, ' I will be thy slave for such a 
space of time.' ' One who has become a slave in order to get a 
maintenance,' one who has offered himself as a slave, on condition 
that food shall always be given to him. ' One enslaved on account 
of his connexion with a female slave:' by a female slave is meant 
a female house-slave ; one enslaved for connexion with her is one 
who has married her through love, and has thus been reduced to 
the status of a slave. ' One self-sold ' is one who has sold himself. 

Digitized by 


1 36 nArada. V, 27. 

chased; one received (by gift); one obtained by 
inheritance; one maintained during a general famine; 
one pledged by his rightful owner ; 

*27. One released from a heavy debt; one made 
captive in a fight ; one won through a wager ; one 
who has come forward declaring, ' I am thine ; ' an 
apostate from asceticism ; one enslaved for a stipu- 
lated period; 

*28. One who has become a slave in order to 
get a maintenance ; one enslaved on account of his 
connexion with a female slave ; and one self-sold. 
These are the fifteen classes of slaves as declared 
in law. 

*29. Among these, the four named first cannot 
be released from bondage, except by the favour of 
their owners. Their bondage is hereditary. 

* 30. Should any one out of them (however) save 
his master's life, when his life is in peril, he shall 
be released from slavery and shall take a son's 
share (of his master's wealth). 

*3i. One maintained during a famine is released 
from bondage if he gives a pair of oxen. It is not 

These are the fifteen species (of slaves). Mitakshara, p. 268. 
Manu VIII, 415. 

30. This rule is applicable to any of the fifteen sorts of slaves. 
Mitakshara, p. 269. Other commentators cite an encounter with 
a tiger as an instance of a perilous situation. The slave, in order 
to obtain release from slavery, must have risked his own life in 
rescuing his master. 

31. The objection that a slave cannot give a pair of oxen, as he 
has no property of his own according to Narada himself (V, 41), 
may be met by the argument that the dominion of slaves over 
affectionate gifts and the like is universally acknowledged, just as 
the right of a woman to dispose of Stridhana given to her as an 
affectionate present. See the gloss on this text in Colebrooke's 
Digest, III, 1, 43. 

Digitized by 



by labour (alone) that the value of the food con- 
sumed during a famine can be repaid. 

*32. One pledged (is released) when his master 
redeems him by discharging the debt. If, however, 
he causes (the pledgee) to take him in lieu of pay- 
ment, he becomes equal to a purchased slave. 

*33. It is by paying his debt with interest, that 
a debtor is released from slavery. One enslaved 
for a stipulated period recovers freedom on the 
expiration of that period. 

* 34. One who has come forward declaring, ' I am 
thine,' one made a prisoner in war, and one won 
through a wager, these are released on giving a 
substitute whose capacity for work is equal to theirs. 

*35- An apostate from asceticism shall become 
the king's slave. He can never be emancipated, 
nor is there any expiation of his crime. 

*36. One who has become a slave in order to 
get a maintenance, is released at once on giving up 
the said subsistence. One enslaved on account of 
his being connected with a female slave is released 
on parting with her. 

*37. That wretch who, being independent, sells 
himself, is the vilest of slaves. He cannot be re- 
leased from bondage. 

*38. Those who are sold after having been 
captured by robbers, and those who are enslaved 
by forcible means, must be emancipated by the king. 
Their slavery is not legal. 

*39. In the inverse order of the (four) castes, 

33. YSgtfavalkya II, 182. 35. Ya^flavalkya II, 183. 

36. The Mitakshara (p. 270) declares that sexual intercourse 
with a slave is prohibited. Ya^ftavalkya II, 182. 

38. Ya^flavalkya II, 182. 

39. As a man of the highest caste may marry a wife of an 

Digitized by 


1 38 nArada. V, 40. 

slavery is not ordained, except where a man violates 
the duties peculiar to his caste. Slavery (in that 
respect) is analogous to the condition of a wife. 

*40. If one not his own master offers himself (as 
a slave), saying, ' I am thine,' he (to whom he has 
offered himself) may not dispose of him. His 
former master may recover him when he likes. 

*4i. Three persons are declared to have no pro- 
prietary right : a wife, a slave, and a son. What- 
ever property they acquire shall be made over to 
him to whom they belong. 

*42. He who pleased in his mind wishes to 
emancipate his own slave, shall take from his 
(the slave's) shoulders a jar filled with water and 
smash it. 

*43. He shall sprinkle his head with the water, 
which must contain whole grain and flowers, and 

inferior caste or of his own caste, whereas a woman of the highest 
caste is forbidden to marry a man of inferior caste, the same 
rule should be observed with regard to a slave. Viramitrodaya, 
p. 406. An ascetic who violates the duties of his order is liable to 
become the slave of his inferior in caste even. Mitakshari, p. 271. 
YH£#avalkya II, 183; Manu VIII, 410-414. 

40. If a man, after having promised to become the slave of one 
man, enters the service of another man afterwards, that other man 
must relinquish him. ' One not his own master,' i. e. the slave of 
another man. Viramitrodaya, p. 411. 

41. According to the standard commentators the purport of this 
rule is merely to indicate the want of independence of wives, sons, 
and slaves in the disposal of their property. See Professor BOhler's 
note on Manu VIII, 416. Identical with Manu VIII, 416. 

42. 43. The breaking of a water-pot which the slave is carrying 
on his shoulder is said to be indicative of the discontinuance of the 
former slave's office to carry water. The solemn smashing of a 
water-jar (gha/a-spho/a) forms the principal part of another 
ceremony of a totally different character as well, viz. of the 
ceremony of expulsion from caste. 

Digitized by 



having declared him a free man three times, he 
shall dismiss him with his face turned towards the 
east \ 


Non-payment of Wages. 

* 1. A series of rules will be stated (next) for the 
payment and non-payment of labourers' wages. It 
is termed ' Non-payment of Wages,' a title of law. 

* 2. A master shall regularly pay wages to the 
servant hired by him, whether it be at the com- 
mencement, at the middle, or at the end of his work, 
just as he had agreed to do. 

* 3. Where the amount of the wages has not been 
fixed, (the servant of) a trader, a herdsman, and an 
agricultural servant shall respectively take a tenth 
part of the profit (derived from the sale of mer- 
chandise), of the seed of cows, and of the grain. 

* 4. Their implements of work, and whatever else 

1 The Indian MSS. and some quotations insert the following para- 
graph here, which is omitted in the Nepalese MS. and in other 
quotations : — 

* *44. From that time let it be said- that this slave is cherished 
by the favour of his master. His food may be eaten, and presents 
accepted from him, and he shall be respected (by worthy persons).' 

VI, 2. When the amount of the wages has been fixed by an agree- 
ment in this form, ' I will give thee thus much,' it shall be divided 
into three parts, and one part be given on three occasions, viz. at 
the commencement, middle, and end of the labour. This rule is 
applicable where the amount of the wages has been fixed. The next 
paragraph states the rule for those cases where the amount of the 
wages has not been fixed. Vlramitrodaya, p. 414. 

3. The strange term 'the seed of cows' denotes cows' milk 
according to the commentators. Ya^avalkya II, 194. 

4. The phrase ' whatever may have been entrusted to servants 
for their business ' is explained as referring to grain and the like 

Digitized by 


140 NARADA. VI, 5. 

may have been entrusted to them for their business, 
they shall employ with due care and not neglect 
them wantonly. 

* 5. If one fails to perform such work as he had 
promised to do, he shall be compelled to perform it, 
first paying him his wages. If he does not perform 
it after having taken wages, he must pay back twice 
the amount of his wages. 

*6. One who abandons merchandise which he 
had agreed to convey to its destination, shall give a 
sixth part of the wages. (An employer) who does 
not pay the wages which he had agreed to give 
shall forfeit those wages together with interest. 

* 7. A merchant who does not take a conveyance 

used for agriculture. It appears from the preceding paragraph that 
business of every sort is intended. Ya^tfavalkya II, 193. 

5. Manu VIII, 215; Apastamba II, 11, 28, 2-3; Vishwu V, 
153. *54 J Ya^tavalkya II, 193. 

6. The Ratnakara refers the second half of this paragraph, like 
the first half, to the special case of wages or hire promised to the 
carrier for the transport of goods. See Colebrooke's Digest, III, 
1, 92. Ya^flavalkya II, 198. 

7. ' A conveyance,' a cart or the like. ' Beasts for draught or 
burden,' horses or others. When a man hires the conveyance, &c. of 
another for the purpose of transporting merchandise, and does not 
transport the merchandise afterwards, because he has promised to 
pay an excessive hire, he shall pay a fourth part of the promised hire 
to the owner of the conveyance. When, however, he takes the 
conveyance and leaves it, after having completed one half of the 
journey, he shall have to pay the whole of the hire. VJramitrodaya, 
p. 420. Y&£#avalkya II, 198. Of w. 6, 7, the Nepalese MS. has 
an entirely different version, as follows : ' * 6. One who abandons 
his work before the expiration of the term, forfeits his wages. If 
it is through the fault of his employer that he strikes work, he shall 
be rewarded for as much as has been finished by him. 7. He who 
leaves on the road that which he had undertaken to transport, shall 
give a sixth part of the (stipulated) wages. An employer who does 
not pay (wages) after having set the workman to work, (shall be 

Digitized by 



or beasts for draught or burden, after having hired 
them, shall be made to pay a fourth part of the 
hire ; and the whole, if he leaves them half-way. 

* 8. And so shall a carrier who fails to transport 
(the goods entrusted to him) forfeit his wages. He 
shall be compelled to pay twice the amount of his 
wages, if he raises difficulties at the time of starting. 

* 9. When the merchandise has been damaged by 
the carrier's fault, he shall have to make good every 
loss, not including such losses as may have been 
caused by fate or by the king. 

* 10. For (tending) a hundred cows, (a heifer shall 
be given to the herdsman) as wages every year; 
for (tending) two hundred (cows), a milch cow (shall 
be given to him annually), and he shall be allowed 
to milk (all the cows) every eighth day. 

*n. Those (cows) which a cowherd takes to 

compelled to pay) the wages together with interest.' This is 
probably the true reading, as paragraphs 6 and 7 are quoted in this 
form in the Vtramitrodaya and in Colebrooke's Digest respectively. 

8. According to the Mitakshara" (p. 280), the excessive fine 
ordained in the second half of this paragraph shall be inflicted 
when a man raises obstacles on specially important occasions, such 
as a wedding, or the auspicious time for undertaking a journey. 
Yi^flavalkya II, 197. 

9. ' Merchandise,' pearls or other commodities which are to be 
transported. ' Damaged,' i. e. destroyed. In the terms ' mer- 
chandise ' and ' carrier,' which are successively used in this para- 
graph, a bull and a husbandman are included by implication. Thus 
it is declared in the Madanaratna. Vtramitrodaya, p. 418. What 
the Madanaratna means is this, that the responsibility of a husband- 
man for a bull used by him for the purposes of agriculture is 
analogous to the responsibility of a carrier for the goods he has 
undertaken to transport. Vishmi V, 155, 156; Ya^flavalkya 
II, 197. 

10. Manu VIII, 231. 

11. Manu VIII, 230; Yi^tfavalkya II, 164. 

Digitized by 


142 NARADA. VI, 13. 

pasture every day when the night is over, he shall 
take back again in the evening, after they have 
eaten (grass) and drunk (water). 

*I2. If such a cow meets with an accident, he 
shall struggle to protect her as best he may. If he 
is unable (to rescue her) he shall go in haste to 
announce it to his master. 

* 1 3. Should he neither struggle to protect (the 
cow), nor raise a cry, nor announce it to his master, 
the herdsman must make good the value of the cow 
(to the owner), and (must pay) a fine to the king. 

* 14. But the herdsman alone shall make good 
(the loss of an animal) which has strayed, or been 
destroyed by worms, or slain by dogs, or met its 
death (by tumbling) into a pit, if he did not duly 
exert himself (to prevent such accidents). 

*I5. So if goats or sheep are surrounded by 
wolves, and the herdsman does not come (to their 
assistance), he shall be responsible for any (animal) 
which a wolf may attack and kill. 

12. He shall struggle to protect the cow, and if unable to pro- 
tect her he shall raise an alarm. Ratnakara. See Colebrooke's 
Digest, III, 4, 11. 

13. The second half of this paragraph is read as follows in the 
Nepalese MS. : ' The herdsman is to blame in that case, and he 
shall make good the loss.' 

14. Nearly identical with Manu VIII, 232. Read nash/a»» in 
the text. The Nepalese MS. here inserts the following paragraph, 
which is nearly identical with Manu VIII, 234: 'If cattle die, let 
him give everything to the owner : the tail, skin, the hindpart, the 
thigh, the bladder, tendons, and yellow concrete bile, and let him 
point out their particular marks.' 

15. Identical with Manu VIII, 235. The Nepalese MS. adds 
the following paragraph, which is nearly identical with Manu VIII, 
236 : ' If they graze together in the forest, without being kept in 
order, and a wolf, suddenly jumping on one of them, kills it, the 
herdsman shall be free from blame in that case.' 

Digitized by 



* 16. But for (an animal) seized by robbers, though 
he raised a cry, the herdsman shall not be bound to 
pay, provided he gives notice to his master at the 
proper place and time. 

*ij. It is according to these principles that all 
disputes arising with herdsmen have to be settled. 
In case of the (natural) death (of an animal entrusted 
to his care the herdsman) is free from blame, if he 
can produce the tail, the horns, and the rest. 

*i8. If a public woman declines to receive a 
man after having received her fee, she shall pay 
twice the amount (of the fee). The same (fine shall 
be imposed) on a man who does not pay the (sti- 
pulated) fee, after having had connexion with a 
woman (of this description). 

* 19. Should a man unnaturally abuse the person 
(of a public woman) or cause her to be approached 
by many, he must pay eight times the amount (of 
the stipulated fee), and a fine to the same amount. 

* 20. If a man has built a house on the ground of 
a stranger and lives in it, paying rent for it, he may 
take with him, when he leaves the house, the thatch, 
the timber, the bricks, and other (building materials). 

* 21. But if he has been residing on the ground 

16. Identical with Manu VIII, 233. 

17. The term ' the rest ' may be referred, in accordance with 
the analogous rule of Manu, to the ' ears, hide, bladder, tendons, 
the yellow concrete bile, and the special proofs or marks/ Manu 
VIII, 234. 

18. Illness, however, is considered as a legitimate reason for 
breaking an engagement of this sort. Vtramitrodaya, p. 422, and 
other commentaries. 

21. The delivery of the materials, out of which the house has 
been constructed, to the owner of the ground, has to be regarded 
as a compensation for the ground having been used without 
authorisation from the owner. 

Digitized by 


144 nArada. vi, 22. 

of a stranger, without paying rent and against that 
man's wish, he shall by no means take with him, on 
leaving it, the thatch and the timber. 

* 22. Hired commodities shall be restored (by the 
hirer), when the fixed period has expired. The hirer 
must make good whatever may have been spoiled 
or destroyed except in the case of (inevitable) 


Sales Effected by Another than the Rightful 


*i. When property kept as a deposit, or the 
property of a stranger lost (by him) and found (by 
another man), or stolen articles, are sold in secret, it 
has to be considered as a 'Sale Effected by Another 
than the Rightful Owner.' 

* 2. When a chattel, which had been sold by 
another person than the owner, has been recovered 

22. This rule applies in the case of water-jars and the like having 
been injured or destroyed. Viramitrodaya, p. 421. The Ratnakara 
refers this paragraph to broken carriages and the like. See Cole- 
brooke's Digest, III, 1, 104. ' Spoiled,' i. e. partially disfigured. 
' Destroyed,' i. e. entirely ruined. 'Accident,' when the things have 
been knocked against one another. Viramitrodaya, ibid. 

VII, 1. The term 'property kept as a deposit' includes by im- 
plication a Ya&ta and the other species of bailments. Vframitro- 
daya, p. 374, and the other commentaries. See II. Title of Law, 

»4. 15- 

2. The owner of a chattel, which has been sold by a stranger 
who has no right to it, may reclaim it from any one who happens 
to be possessed of it Vframitrodaya, p. 375; Vishwu V, 164- 
166; Manu VIII, 201, 202; Ya£#avalkya II, 168. In the 
Nepalese MS. the last clause runs as follows: 'The buyer who 
buys in secret is guilty of theft.' 

Digitized by 


vii, 5- wages; sales. 145 

by the owner, he may keep it. No blame attaches 
to a sale effected in public, but a clandestine sale 
is viewed in the same light as theft according 
to law. 

* 3. If a man buys from a slave who has not 
been authorized (to sell) by his master, or from 
a rogue, or in secret, or at a very low price, or 
at an improper time, he is as guilty as the seller. 

*4. The purchaser must not make a secret of 
the way in which he came by a chattel (purchased 
by him). He becomes free from blame if he can 
point out the way in which the chattel was acquired 
by him. In any other case he is equally guilty 
with the vendor, and shall suffer the punishment of 
a thief. 

* 5. The vendor shall restore his property to the 
rightful owner, and shall pay to the buyer the price 
for which it was sold to him ; besides that he shall 
pay a fine to the king. Such is the rule in the case 

3. ' One who has not been authorized (to sell) by his master,' 
one who has received no special permission from him (to sell the 
chattel). The term • a slave ' has to be interpreted in a pregnant 
sense, so as to include young sons and other dependent persons. 
Viramitrodaya, p. 375. Vishwu V, 166; Ya^flavalkya II, 168. 

4. It appears from the detailed provisions of Br/haspati, Katya- 
yana, and other Smrrti- writers on the subject of purchase and sale, 
that every purchase, in order to be legitimate, had to be concluded 
in open market, on a market day or hour ; or that, at least, the 
purchaser was required to produce the vendor, when the purchase 
had not been made in open market. Ya^^avalkya II, 168. The 
Nepalese MS. inserts the following paragraph here: 'Any purchase 
or sale which has been effected by another than the rightful owner 
must be known to be invalid ; this is a rule in lawsuits.' The 
quotations in the Viramitrodaya and other works prove this verse 
to be genuine. Ya^flavalkya II, 1 70. 

5. Ya^aavalkya II, 170. 

[33] L 

Digitized by 



of a sale effected by another than the rightful 

6. If any one finds a treasure, which had been 
deposited by a stranger, he shall take it to the king. 
Every treasure, found by members of any caste, 
belongs to the king, excepting (those treasures which 
have been found by) members of the Brahman 

7. A Brahman even, when he has found a trea- 
sure, must at once give notice to the king. If the 
king gives it to him he may enjoy it If he does 
not give notice, he is (viewed as) a thief. 

8. Of his own property also, which he had lost 
and found again afterwards, a man must give notice 
to the king. If he does so, he may keep it as his 
lawful property. It is not his lawful property other- 


Non-delivery of a Sold Chattel. 

*i. When merchandise has been sold for a (cer- 
tain) price and is not delivered to the purchaser, it 
is termed Non-delivery of a Sold Chattel, a title 
of law. 

* 2. Property in this world is of two kinds, 
movable and immovable. All that is termed mer- 
chandise in the laws regarding purchase and sale. 

* 3. The rule regarding the gift and receipt of 

6-8. Gautama X, 36-38, 43-45; Vasish/fca III, 13-14; XVI, 
19, 20; Manu VIII, 30-39; Vish«u V, 56-64; YSgflavalkya II, 
33-35- The position of the two last paragraphs is inverted in the 
Nepalese MS. 

VIII, 3. ' Gift ' means sale. ' Receipt ' means purchase. What 

Digitized by 



merchandise is declared sixfold by the learned : 
(what is sold) by tale, by weight, by measure, 
according to work, according to its beauty, and 
according to its splendour. 

* 4. If a man sells property for a certain price, 
and does not hand it over to the purchaser, he shall 
have to pay its produce, if it is immovable, and 
the profits arising on it, if it is movable property. 

* 5. If there has been a fall in the market value 
of the article in question (in the interval, the pur- 
chaser) shall receive both the article itself, and 
together with it the difference (in point of value). 
This law applies to those who are inhabitants of 
the same place ; but to those who travel abroad, the 

is counted before selling it is said to be sold ' by tale.' Betel-nuts may 
be mentioned as an instance. ' What is sold by weight,' such as 
gold or sandal-wood and the like substances, which are weighed on 
a pair of scales. ' What is sold by measure,' such as rice or the 
like. ' By work,' such as animals giving milk or used for draught 
or burden. * According to its beauty,' something handsome, as e.g. 
a handsome prostitute. 'According to its splendour,' or lustre, 
as e.g. rubies. Viramitrodaya, p. 437. A similar exposition is 
delivered in the Ratnakara, as quoted in Colebrooke's Digest, 

HI, 3, 3- 

4. 'The profits arising on it,' such as e.g. the milk of a cow. 
Viramitrodaya, p. 437. The Vivida£int£ma«i (p. 55) and the 
Ratn&kara, as quoted in Colebrooke's Digest (III, 3, 18), take the 
term kriyaphalam as a Dvandva compound, denoting 'the work, 
such as the carrying of burdens and the like, and the profits, such 
as milk and the like.' Vish«u V, 127 ; YS^flavalkya II, 254. 

5. The previous paragraph contains the rule for those cases 
where the value of the property has increased after its sale. The 
present rule refers to those cases where the value of the property 
has diminished after the sale. Viramitrodaya, p. 437. Those who 
travel abroad, i. e. who are in the habit of visiting other countries 
(for trading purposes), may claim the profit which might have 
accrued to them from travelling abroad. Vivida&ntimawi, pp. 55, 
56. Vishnu V, 129 ; Ya##avalkya II, 254. 

L 2 


Digitized by 


148 nArada. vni,6. 

profit arising from (dealing in) foreign countries shall 
be made over (as well). 

* 6. If the article (sold) should have been injured, 
or destroyed by fire, or carried off, the loss shall 
be charged to the seller, because he did not deliver 
it after it had been sold by him. 

* 7. When a man shows one thing, which is fault- 
less (to the intending purchaser), and (afterwards) 
delivers another thing to him, which has a blemish, 
he shall be compelled to pay twice its value (to the 
purchaser), and an equal amount as a fine. 

* 8. So when a man sells something to one person, 
and (afterwards) delivers it to another person, he 
shall be compelled to pay twice its value (to the 
purchaser), and a fine to the king. 

* 9. When a purchaser does not accept an article 
purchased by himself, which is delivered to him (by 
the vendor), the vendor commits no wrong by selling 
it to a different person. 

* 10. Thus has the rule been declared with regard 

6. According to Gagannatha, this rule has reference to those 
cases only where the purchaser has not formally asked for the 
delivery of the property purchased by himself. He infers from a text 
of Ya^wavalkya that after a demand the loss shall fall on the vendor, 
even though the property was injured in one of the modes men- 
tioned by that authority, i.e. by force majeure. See Colebrooke's 
Digest, IH, 3, 27. It is quite doubtful, however, whether the com- 
piler of the Narada-smr;'ti had this distinction in view. Ya^tfavalkya 
II, 256. 

8. 9. Both he who shows unblemished goods, and sells blemished 
goods afterwards, and he who sells property to one man and after- 
wards sells the same property to another man, though the first sale 
has not been rescinded by the purchaser, shall pay twice the value 
of the property sold as a fine. Vlramitrodaya, p. 440. Ya^a- 
valkya II, 257. 

9. Ya^wavalkya II, 255. 

10. Consequently, where there is no agreement as to the time of 

Digitized by 



to that merchandise for which the price has been 
tendered. When the price has not been tendered, 
there is no offence to be imputed to the vendor, 
except in the case of a special agreement. 

* 1 1. It is for the sake of gain that merchants are 
in the habit of buying and selling merchandise of 
every sort. That gain is, in proportion to the price, 
either great or the reverse. 

* 1 2. Therefore shall merchants fix a just price 
for their merchandise, according to the locality and 
season, and let them refrain from dishonest dealings. 
Thus (by adhering to these principles) traffic be- 
comes an honest profession. 

Rescission of Purchase. 

* 1 . When a purchaser, after having purchased an 
article for a (certain) price, repents (of the purchase 
made by himself), it is termed Rescission of Pur- 
chase, a title of law. 

*2. When a purchaser, after having purchased 
an article for a (certain) price, thinks he has made 
a foolish bargain, he may return it to the vendor 
on the same day, in an undamaged condition. 

delivery, the vendor commits no wrong by retaining a commodity 
sold, on purpose to obtain payment. Thus according to the gloss 
in Colebrooke's Digest, III, 3, 20. The Viramitrodaya (p. 441) has 
a slightly different explanation. ' Where the price for a sold chattel 
has not been paid, and the purchase concluded through a verbal 
engagement merely, there is no offence whether it be ratified or not, 
unless there should be an agreement in this form, " This purchase 
cannot be rescinded." ' 

Digitized by 


1 50 nArada. IX, 3. 

* 3. When the purchaser returns it on the second 
day (after the purchase has been made), he shall lose 
a thirtieth part of the price. (He shall lose) twice 
as much on the third day. After that time, the 
purchaser is bound to keep it. 

* 4. The (intending) purchaser shall first examine 
an article (before purchasing it), in order to find out 
its good and bad qualities. That which has been 
approved by the purchaser after close examination, 
cannot be returned to the vendor. 

* 5. Milch cattle may be examined for three days ; 
animals of burden, for five days ; and in the case 
of precious stones, pearls, and coral, the period of 
examination may extend over seven days. 

*6. Bipeds shall be examined within half a 
month ; a female, within twice the same (space of 
time) ; all sorts of grain, within ten days ; iron and 
clothes, within a single day. 

* 7. A worn gown, which is in a ragged condition 
and soiled with dirt, cannot be returned to the 
vendor, if it was in that blemished state at the time 
when the purchase was effected. 

*8. Wearing apparel loses the eighth part of its 
value on being washed for the first time ; the fourth 

IX, 3. ' He shall lose a thirtieth part,' he shall give one-thirtieth 
part more than the stipulated price. ' Twice as much,' i. e. 
a fifteenth. See Colebrooke's Digest, III, 3, 5. 

5, 6. ' For three days,' including the day of purchase. The 
terms ' for five days,' &c, have to be interpreted in the same way. 
' Milch cattle,' such as e.g. female buffaloes. ' Animals of burden,' 
such as e. g. young bulls. ' Bipeds,' males, i. e. male slaves. ' Twice 
the same space of time,' a month. ' A female,' a female slave. Vfra- 
mitrodaya, pp. 433, 434. Manu VIII, 222; YSg-navalkya II, 177. 

8, 9. When apparel has been given to a washerman to be 
washed by him, he is bound to make good the value of that 

Digitized by 



part (on being washed) for the second time; the 
third part (on being washed) for the third time; 
and one half (on being washed) for the fourth time. 

*9. One half of the original value having been 
lost, a quarter (of the reduced value) shall be de- 
ducted henceforth, till the fringe is tattered and (the 
cloth) in rags. In the case of tattered cloth, there 
is no rule regarding the reduction of its value 
(through being washed). 

* 10. There is no other way for preparing metallic 
apparatus of any sort than by forging it in fire 
according to the rules (of art). While they are 
being forged, (the weight of) the metals is diminished 
by exposure in fire. 

* 1 1. Gold is not injured at all (by such treatment). 
On silver, the loss amounts to two Palas in the 
hundred. On tin and lead, the loss is eight Palas 
in the hundred. 

* 1 2. On copper, as well as on utensils made of it, 
the loss should be known to be five Palas (in the 
hundred). As for iron, there is no fixed rule re- 
garding the loss arising on it, because it is different 
in nature from the other metals. 

which has been spoiled by him. If it has been washed a single 
time, he must make good its original value minus an eighth. If 
it has been washed twice, he must make good its original value 
minus a fourth. Thus if it has been washed three times, a third has 
to be deducted from the original value, and so forth. Vframitrodaya, 

P- 372- 

ii, 12. The value of gold is not diminished on its being heated 
in fire. Therefore, as much (gold) as has been delivered to 
a goldsmith for making a bracelet and the like, thus much shall 
the goldsmith restore after having weighed it. Otherwise, he shall 
be compelled to restore the loss, and to pay a fine. When silver, 
a hundred Palas in weight, is heated in fire, the loss amounts to 

Digitized by 


152 nArada. IX, 13. 

13. The loss and gain arising from the prepara- 
tion of cloth shall be stated (next). On yarns made 
of cotton or wool, the increase of value amounts to 
ten in the hundred. 

14. (This rule has reference) to large tissue (only). 
In the case of (tissue of) middle size, five in the 
hundred (is gained). In the case of very fine tissue, 
the gain is said to amount to three Palas in the 

15. In the case of cloth made of the hair of an 
animal, and of embroidered cloth, the loss amounts 
to one-thirtieth. In the case of silk stuff and of 
cloth prepared from the inner bark of trees, the 
gain is the same (as the loss in the preceding case). 
Nor is there any loss (in these cases). 

*i6. A merchant who is acquainted with the 
qualities of the merchandise (he deals in) must not 

two Palas. When a hundred Palas of tin or lead is heated in fire, 
the loss amounts to eight Palas. In the case of copper, the loss 
shall be five Palas. Artizans losing more than the above amount 
shall be punished. Mitakshara, pp. 264, 265. Ya^navalkya II, 178. 
13-15. When a blanket or the like is made of coarse woollen 
thread, the increase must be considered to amount to ten Palas in 
the hundred. The same rule applies in the case of cloth and the 
like made of cotton thread. In the case of cloth and the like 
of a middling quality, i.e. which is not made of very fine thread, 
the increase amounts to five Palas. In the case of cloth made of 
very fine thread, the increase is three Palas in the hundred. All 
these rules apply in the case of washed cloth only. That is called 
• embroidered cloth ' (karmika or karmakrrta) where a circle, Svas- 
tika, or other (figure) is worked on woven cloth, with .coloured 
yarns. ' Cloth made of the hair (of an animal) ' is where hairs are 
joined so as to form a piece of cloth or the like. Mitakshart, 
pp. 265, 266. Manu VIII, 397; Ya^flavalkya II, 179, 180. 

16. 'He must not annul a purchase,' he must not repent of it. 
' He must know ' before concluding a purchase, the ' loss and gain 
on merchandise,' such as horses or others, i.e. the diminution of 

Digitized by 


x, a. purchase; compacts. 153 

annul a purchase, after having once made it. He 
ought to know all about the profit and loss on 
merchandise, and its origin. 


Transgression of a Compact. 

*i. The aggregate of the rules settled amongst 
heretics, followers of the Veda (Naigamas) and 
others, is called Samaya (compact, or established 
usage). Thus arises a title of law, termed Trans- 
gression of a Compact. 

* 2. Among heretics, followers of the Veda (Nai- 
gamas), guilds (of merchants), corporations (Pugas), 
troops (of soldiers), assemblages (of kinsmen), and 
other (associations) the king must maintain the 
usages (settled among them), both in fortified towns 
and in the open country. 

its value in one country, and the increase of its value in another 
country, and ' its origin,' the country where it comes from. That 
is the meaning. Viramitrodaya, pp. 434, 435. 

X, 1. ' Heretics,' Kshapanakas (Buddhist or Jain mendicants) and 
others who detract from the authority of the Veda. ' Naigamas,' 
traders or merchants. According to the MitaksharS, the term 
Naigama refers to Pirupatas and others who uphold the authority 
of the Veda. The term 'and others' is used to include corporations 
of learned Brahmans and other (associations). Viramitrodaya, 
p. 423. The term samaya, literally 'compact,' denotes local or 
caste usages, the violation of which forms the subject of the tenth 
tide of law. 

2. Of the term Naigama, the commentators give the same two 
different interpretations as in the preceding paragraph. I have 
referred it to « followers of the Veda,' because it comes immediately 
after the term ' heretics.' The term puga has three interpretations 
in this place. Some say it means 'companies of traders or others.' 

Digitized by 


1 54 nArada. x, 3. 

* 3. Whatever be their laws, their (religious) 
duties, (the rules regarding) their attendance, and the 
(particular mode of) livelihood prescribed for them, 
that the king shall approve of. 

*4. The king shall prevent them from undertaking 
such acts as would be either opposed (to the wishes 
of the king), or contemptible in their nature, or 
injurious to his interests. 

* 5. Mixed assemblages, unlawful wearing of arms, 
and mutual attacks between those persons shall not 
be tolerated by the king. 

Others say it denotes ' associations of persons differing in caste, 
whose mode of subsistence is not fixed.' The Viramitrodaya 
interprets it as referring to riders on elephants, horses, &c. In 
explanation of the terms vrata, ' a troop of soldiers,' and gawa, ' an 
assemblage of kinsmen,' the commentators quote the following 
text of Katyayana: 'A multitude of united men armed with 
various weapons is called vrata. An assemblage of families is called 
ga»a.' Manu VIII, 41 ; Ya^navalkya II, 192, &c. 

3. ' Their laws,' such as to speak the truth. ' Their (religious) 
duties,' such as the duty of going about begging alms when the 
night is over, early in the morning. ' The rules regarding their 
attendance,' the duty of attending, in a temple or other (public 
hall), for the affairs of the community, when the sound of a drum 
or other instrument is heard. Viramitrodaya, p. 430. The 
Ratnakara interprets the term karma, ' their (religious) duties,' by 
' their proper occupation for a livelihood.' The drift of this rule, 
according to <7agannaiha,is this, that the king must not act otherwise 
than is consistent with the usages of castes or other corporations. 
See Colebrooke's Digest, III, 2, n. Ya^navalkya II, 192, &c. 

4. ' Contemptible in their nature,' essentially despicable, such as 
the eating of betel, which is customary among heretics and others. 
' Injurious to his interests,' causing pecuniary loss, &c. ' He shall 
prevent them from undertaking such acts,' he shall act so that they 
do not undertake them. Viramitrodaya, pp. 430, 431. 

5. 'Mixed assemblages,' meetings or gatherings of persons 
differing in caste. 'Unlawful wearing of arms,' wearing arms 
without sufficient motives, such as the apprehension of a danger. 
See Ratnakara, as quoted in Colebrooke's Digest, III, 2, 25. 

Digitized by 



*6. Those who cause dissension among the 
members of an association, shall undergo punish- 
ment of a specially severe kind; because they 
would prove extremely dangerous, like an (epi- 
demic) disease, if they were allowed to go free. 

*7. Whenever a criminal act, opposed to the 
dictates of morality, has been attempted, a king 
desirous of prosperity shall redress it. 


Boundary Disputes. 

*i. Whenever (a decision has to be given) in 
regard to landed property, whether it be a dike (or 
bridge), a field, a boundary, a tilled piece of ground, 
or a waste, it is termed a Boundary Dispute. 

2. In all quarrels regarding landed property or 
boundaries, the decision rests with the neighbours, 
the inhabitants of the same town or village, the 

6. ' An association,' a guild of merchants or other corporation. 
Viramitrodaya, p. 430. 

7. When an act tainted with the sin of covetousness or another 
crime, and opposed to the dictates of revealed and traditional law, 
such as e.g. the prostitution of widows or other (virtuous females) 
among heretics or other (sinful men), has been attempted, the king 
must redress it, though it may have been practised for a long time. 
Vframitrodaya, p. 431. 

XI, 1. The meaning is as follows: 'A dike,' an embankment 
for the purposes of irrigation. 'A field,' a cultivated piece of 
ground (under water). 'A boundary,' a landmark. 'A tilled piece 
of ground,' cultivated soil. 'A waste,' uncultivated ground. When 
a decision has to be given in a quarrel with regard to any of these, 
it is called a lawsuit concerning landed property, or Boundary 
Dispute. Vtramitrodaya, p. 451. 

2. ManuVIlI, 259; Ya^navalkya II, 150. /■ 

Digitized by 


156 nArada. XI, 3. 

(other) members of the same community, and the 
senior (inhabitants of the district), 

*3. (As also) with those living outside on the 
outskirts of the village and who live by the tillage 
of fields situated in those parts, and with herdsmen, 
bird-catchers, hunters, and other inhabitants of the 

4. These men shall determine the boundary, in 
accordance with the (old) landmarks, (such as) chaff 
of grain, coal, pot-sherds, wells, sanctuaries, trees, 

5. Objects of general notoriety, such as ant-hills, 
artificial mounds, slopes, hills and the like, and fields, 
gardens, roads, and old dikes. 

6. When a piece of ground has been carried off 
by a stream, or abandoned (by the owner), or when 
the boundary marks have been destroyed, (they 
shall fix the boundary) according to the inference 
to be drawn from (an inspection of) the spot, and 
according to the traces of possession (held by the 
former owner). 

* 7. Should the neighbours speak falsely, when 
called upon to decide a question of this sort, they 
shall all be punished one by one by the king, each 
having to pay the fine of the (second or) middlemost 

*8. The corporation, the senior (inhabitants of 

3. The foresters shall only be consulted in default of cultivators 
whose fields are adjacent to the boundaries of the village. Virami- 
trodaya, p. 456. Manu VIII, 260. Ya^wavalkya II, 150. 

4, 5. Manu VIII, 246-251; Ya^wavalkya II, 151. 

7. Manu VIII, 263; Ya^navalkya II, 153. The fine of the 
second degree consists of 500 Pawas. 

8. The lower degree of punishment in the case of the persons 
here mentioned seems to be due to the fact that they may be 
supposed to be interested in the suit. 

Digitized by 



the district) and the rest shall also receive punish- 
ment one by one : they shall have to pay the fine of 
the first degree, if they make false statements. 

*q. The boundary should not be fixed by one 
man single-handed, though he be a reliable person. 
This business should be entrusted to a plurality of 
persons, because it is an affair of importance. 

*io. Should a single man undertake to fix the 
boundary, (he must do so) after having kept a fast, 
in a collected frame of mind, wearing a garland of 
red flowers and a (red) cloak, having strewed earth 
on his head. 

* 1 1. Should there be no persons conversant (with 
the true state of the question) and no boundary 
marks, then the king himself shall fix the boundary 
between the two estates, as he thinks best. 

12. According to this rule let all contests be 
decided in regard to houses, gardens, reservoirs of 
water, sanctuaries and the rest, as well as the space 
intermediate between two villages. 

* 1 3. When trees have grown on the boundary 
(or ridge) separating two contiguous fields, the fruits 
and blossoms shall be assigned to the owners of the 
two fields in common. 

9. According to the Vframitrodaya (p. 458), this prohibition 
in regard to the determination of the boundary by a single man, 
has reference to those only who are not acceptable to both parties 
and unacquainted with the law. 

10. ManuVIII, 256; Ya^navalkya II, 153. 

11. In default of neighbours and other persons conversant with 
the state of the matter, and of trees and other boundary marks, the 
king shall fix the boundary of his own accord. He shall distribute 
the ground intermediate between the two villages, which has become 
the subject of a contest, between the two litigant parties, and fix 
landmarks between the two. Viramitrodaya, p. 460. Manu VIII, 
265; Ya.gTiavalkya II, 153. 

Digitized by 


i 58 nArada. XI, 14. 

•14. When the boughs (or offshoots) of trees 
grown on the field of one man should take root in 
the field of another man, they must be known to 
belong by right to the owner (of that field), because 
they have sprung forth in another field (than the 
stem of the tree). 

* 1 5. A cross-road, the sanctuary of a deity, a 
street, and a public road must not be obstructed by 
(a place for) ordure, a terrace, a pit, an aqueduct, 
the edge of a thatch (syandaniki), or the like 

16. Should any one cause such obstruction through 
inadvertency or by force, the king shall impose on 
him a fine of the highest degree. 

*iy. The (erection of a) dike in the middle of 
another man's field is not a prohibited act, as it may 
be productive of considerable advantage, whereas 
the loss is trifling. That is to be desired as (com- 
parative) gain where there is (a slight) loss (only). 

*i8. There are two sorts of dikes (or water- 
courses), one (called kheya) which is dug into the 
ground, and (another called bandhya) which prevents 
the access of water. A kheya dike serves the pur- 
pose of irrigation, a bandhya dike serves to keep 
the water off. 

* 1 9. No grain is (ever produced) without water ; 

14. This rule seems to be intended principally for banyans and 
the like trees covering a large area with their offshoots. The 
Nepalese MS. omits w. 13, 14, 16. 

15. The term syandaniki is variously explained as denoting 
either the projecting roof or the eaves of a house. 

17. Yag-fiavalkya II, 156. 

18. Kheya means literally ' what is capable of being dug,' and 
bandhya ' what is capable of being stopped.' What is meant by 
these two terms may best be seen from the next paragraph. 

Digitized by 



but too much water tends to spoil the grain. An 
inundation is as injurious (to growth) as a dearth 
of water. 

* 20. If a man were to put in repair a dike 
erected long ago, but decayed, without asking the 
permission of the owner, he shall not have (the use 
and) profits of it. 

* 21. However, after the death of the owner or of 
another man sprung from the same race (who has 
succeeded to his property), he may repair the dike, 
after having been authorized to do so by the king. 

* 22. By acting otherwise he will get into trouble, 
in the same way as the hunter (of the tale). The 
shafts of him are spent in vain who hits again and 
again one who has been hit already. 

* 23. When the owner of a field is unable (to cul- 
tivate it), or dead, or gone no one knows whither, 
any stranger who undertakes its cultivation un- 
checked (by the owner or others) shall be allowed to 
keep the produce. 

* 24. When the owner returns while the stranger 

ao. With the owner's permission, any man may restore a dike, 
&c, which has fallen into decay. Vframitrodaya, p. 468. Ya^na- 
valkya II, 157. Read pravrittam in the text. 

a 1. The authority of the king is required, because, without it, 
the profits of the dike would have to be enjoyed by the king himself. 
See Ya^navalkya II, 157. 

aa. The tertium comparationis in this simile has to be sought 
in the vanity of the effort only. Manu (IX, 73) applies the same 
simile to seed, i.e. semen virile spent in vain on the field, i.e. wife 
of a stranger. 

33. 'Unable' (to cultivate the field) through want of means. 
' A field,' one which has become a desert. Viv£da£int£ma*i, p. 64. 

24. ' The owner,' or his son or other (descendant). 'The whole 
expense incurred in tilling the waste,' the cost of converting the 
desert into cultivated ground. Viramitrodaya, pp. 469, 470. 

Digitized by 


l60 NARADA. XI, 35. 

is engaged in cultivating the field, (the owner) shall 
recover his field, after having paid (to the cultivator) 
the whole expense incurred in tilling the waste. 

25. A deduction of an eighth part (shall be made), 
till seven years have elapsed. But when the eighth 
year arrives, (the owner) shall recover the field cul- 
tivated (by the other, as his independent property). 

* 26. A tract of land (which has not been under 
cultivation) for a year is called Ardhakhila (half- 
waste). That which has not been (under cultivation) 
for three years is called Khila (waste). That which 
has not been under cultivation for five years is no 
better than a forest. 

27. A field which has been held by three genera- 
tions in succession, and a house which has been 
inherited from an ancestor, cannot be estranged 
(from its legitimate owner) by force of possession, 
except when the king wills it so. 

* 28. When grain has been destroyed by cows or 

25. It appears from an analogous text of Katyayana that this 
rule is intended for those cases where the owner is unable to pay 
for the expense incurred by the cultivator. Katyayana says, 'If 
through want of means (the owner) do not repay the expense 
entailed by the cultivation of the waste, the cultivator shall be 
allowed to keep the produce minus an eighth part. During eight 
years he may keep the (annual) produce (minus an eighth). 
After that period, it shall belong to the proprietor.' 

26. These definitions are inserted here, because the previous 
rules according to the commentators apply to a desert or forest only, 
the cultivation of which causes considerable difficulty and expense. 

28-42. N&rada's eleventh title of law, though called 'Boundary 
Disputes,' is in reality a collection of all legal rules relating to 
fields. Manu and those who follow him treat the subject of damage 
done by cattle to crops or grass as a section of the chapter on 
'Disputes between master and herdsman/ which title of law is 
wanting in the N&rada-smrsti. 

28. Gautama XII, 20. 

Digitized by 



other cattle crossing a fence, the herdsman deserves 
punishment in that case, unless he should have done 
his best to keep the cattle off. 

* 29. When grain has been destroyed (altogether), 
with the root, the owner of it may claim a corre- 
sponding quantity of grain (as damages) ; the herds- 
man shall be corporally punished ; and on his master 
he shall impose a fine. 

* 30. A cow within ten days after her calving, 
a full grown bull, a horse, and an elephant shall be 
kept off carefully. The owner of any one out of these 
animals is not liable to punishment (should they do 

* 31. For (mischief done by) a cow he shall inflict 
a fine of one Masha ; for (mischief done by) a female 
buffalo, two Mishas ; in the case of a goat or sheep 
(trespassing) with its young, the fine shall amount 
to half a Masha. 

*32. The (owners of) elephants and horses shall 
not have to pay any fine ; for they are looked upon 
as protectors of (the king's) subjects. Impunity is 
(likewise) granted to (the owner of) a strayed cow, 

29. The author of the Vtramitrodaya (p. 450) observes ex- 
pressly that the term vadha denotes corporal punishment, and not 
execution, in this place. The other commentators agree with him. 
Manu VIII, 241 ; Ya^flavalkya II, 161 ; Gautama XII, 26 ; Vishmi 
V, 146. The Nepalese MS. omits this paragraph. . 

30. The reason why horses and elephants have to be kept off 
is given in paragraph 32. Horses and elephants were used for 
the purposes of war principally. Manu VIII, 242; Ya^Savalkya II, 

163. & c- 

31. Vishmi V, 140-144; Gautama XII, 22-25; Ya^flavalkya 
II, 159. 

32. 33. Manu VIII, 242; Vishmi V, 150; Ya^flavalkya II, 163. 
The Nepalese MS. has ' a pregnant cow ' for * a strayed cow.' 

[33] M 

Digitized by 


162 nArada. XI, 33. 

of one that has recently calved, and of one un- 

33. (As also to the owner of) one that has lost 
her way, or broken down, or stuck (in marshy 
ground), or (of) a bull marked with the sign of con- 
secration. Four times (the amount of the damage 
done) is declared (to be the fine) in the case of 
(a cow) whose nostrils have been pierced and who 
abides in the field. 

* 34. When the cattle lie down in the field (after 
grazing), the fine to be inflicted shall be double; 
when they remain (in the field for the night), it shall 
be four times (the ordinary amount) ; when they 
graze in the sight (of the keeper), that man shall be 
punished even as a thief. 

* 35. When cows, straying through the fault of 

33. The genuineness of this paragraph appears doubtful, because 
some of the propositions contained in it are nearly identical with the 
rules laid down in the paragraphs immediately preceding and follow- 
ing it. Besides, the language of this paragraph is obscure, and it is 
not given in any commentary nor in the Nepalese MS. The solemn 
ceremony of setting a bull at liberty and consecrating him to the 
gods, with a mark on each flank, is described by Vishmi, chapter 
LXXXVI, and in the Grrtiya-sutras. Piercing the nostrils of a 
barren cow is mentioned as an offence by Manu VIII, 325. It 
does not become clear why damage done by a cow of this sort 
should be a greater offence than damage done by an ordinary cow. 

34. ' When they lie down in the field,' after having eaten their 
fill. ' When they remain,' when they spend the night in the field, 
after grazing. Vivida^intamawi, Gagannatha, &c. ' In the sight 
of the keeper : ' thus according to Gagannatha (Colebrooke's Digest, 
III, 4, 46 \ The correctness of his interpretation is confirmed by 
Ya^flavalkya II, 162. According to the Vivada^intamawi (p. 67), 
the meaning is this, that the cattle are allowed to graze by the 
keeper, in the sight of the proprietor of the field, and in spite of 
the remonstrances of the latter. Vishmi V, 145 ; Ya^-navalkya 
II, 160, 162. 

Digitized by 



their keeper, have entered a field, no punishment 
shall be inflicted on the owner of the cows ; the 
herdsman (alone) is punishable (for the damage 
done by them). 

* 36. When (a herdsman) has been seized by the 
king or (devoured) by an alligator, or struck by 
Indra's thunderbolt, or bitten by a serpent, or fallen 
from a tree, 

* 37. Or killed by a tiger or other (ferocious 
animal), or smitten by a disease of any sort, no 
offence can be imputed either to the herdsman or to 
the owner of the cattle. 

* 38. When a man claims damages for grain con- 
sumed by cattle (grazing in his field), that quantity 
of grain must be restored to him (by the owner of 
the cattle), which has been consumed in the field in 
the estimation of the neighbours. 

* 39. The cows shall be given up to their owner, 
and the grain to the husbandman. In the same way 
a fine shall be imposed on the herdsman when grain 
has been trodden down (by cows). 

36. ' Seized by the king,' employed in the king's business. See 
Colebrooke's Digest, III, 4, 52. 

37. This paragraph is omitted in the Nepalese MS. 

38. Gautama XII, 26; Manu VIII, 241 ; Ya^avalkya II, 161 . 
The Nepalese MS. inserts a spurious verse here, the first half of 
which is identical with Manu IX, 37, and the second half identical 
with Narada XI, 22. 

39. The meaning of the injunction to give up the cows seems 
to be this, that the owner of the cows shall not at once recover 
them, when they have been seized by the proprietor of the field, 
after doing damage in the field. The Vivadaflntamam has a 
different reading of this clause : gavatraw gomina deyaai. This is 
explained as meaning that ' blades of corn must be made good by 
the owner of cattle.' Similar readings are found in other com- 
mentaries as well. Apastamba II, 11, 28, 5. 

M 2 

Digitized by 


1 64 NARADA. XI, 40. 

40. When a field is situate on the borders of 
a village, or contiguous to a pasture ground, or 
adjacent to a high road, the herdsman is not repre- 
hensible for the destruction of grain (in that field), if 
the field is not protected by a fence. 

*4i. On (that side of) the field which faces the 
road a fence shall be made over which a camel 
cannot look, nor cattle or horses jump, and which 
a boar cannot break through. 

* 42. A householder's house and his field are con- 
sidered as the two fundaments of his existence. 
Therefore let not the king upset either of them ; 
for that is the root of householders. 

43. When his people are flourishing, the religious 
merit and the treasure of a king are sure to be 
in a flourishing state as well. When (the people) 
cease to prosper, (his merit and his treasure) are 
sure to abate as well. Therefore he must never 
lose sight of (that) cause of prosperity. 

The Mutual Duties of Husband and Wife. 

* 1. That title of law in which the legal rules for 
women and men regarding marriage and the other 

40. 'Pasture ground,' a meadow reserved for feeding cows or 
other cattle. Ratn&kara. See Colebrooke's Digest, III, 4, 27. 
Manu VIII, 238, 240 ; Visbm V, 147, 148; Gautama XII, 21; 
Ya£#avalkya II, 162. 

41. Manu VIII, 239. 

42. This maxim shows that the compiler of the N&rada-smrsti 
wrote for an essentially agricultural people. 

XII, 1. Manu IX, 1. 

Digitized by 


xii, 5. cattle; husband and wife. 165 

(mutual relations between them) are laid down is 
called The Mutual Duties of Husband and Wife. 

2. When a woman and man are to unite (as wife 
and husband), the choice of the bride must take 
place first of all. The choice of the bride is suc- 
ceeded by the (ceremony of) joining the bride and 
bridegroom's hands. Thus the ceremony (of mar- 
riage) is twofold. 

3. Of these two parts (of the marriage ceremony) 
the choice of the bride is declared to lose its binding 
force, when a blemish is (subsequently) discovered 
(in either of the two parties). The Mantra (prayer), 
which is recited during the ceremony of joining the 
bride and bridegroom's hands, is the permanent 
token of matrimony. 

4. When a Brahman, Kshatriya, Vai^ya, or .Sudra 
takes a wife, it is best for him to take her out of his 
own caste ; and so is a member of her own caste the 
(most eligible) husband for a woman (of any caste). 

5. A Brahman may marry three wives of different 
caste, in the direct order of the castes ; and so may 

2. The Smn'ti-writers, as a rule, do not mention the act of 
varawa, ' choice of a bride,' at all. It appears from the next para- 

" graph that Narada also does not place it on a par with the ceremony 
of marriage, which is indissoluble for life. 

3. The ' choice of the bride,' or betrothal, being dissoluble on 
the discovery of a blemish (in either party), it follows that the act of 
joining the bride and bridegroom's hands, i. e. the ceremony of 
marriage, must be indissoluble. See, too, paragraph 28. The 
particular Mantras to be recited during the marriage ceremony are 
given in the Gr/Tiya-sutras. 

4. Apastamba II, 6, 13, 1 ; Vasish/<4a VIII, 1 ; Gautama IV, 1 ; 
Manu III, 12 ; Yi^navalkya I, 55. 

5, 6. It is important to note that Narada belongs to that group of 
Smnti-writers who recognise the legitimacy of marriage unions 
between Brahmans and .Sudra women. Baudhayana I, 8, 16, 1-5; 

Digitized by 


1 66 nArada. xn, 6. 

a Sudra woman take a husband of any of the three 
castes above her own. 

6. For a Kshatriya, two wives differing (from 
him) in caste are permitted ; for a Vaisya, a single 
wife differing (from him) in caste. (On the other 
hand), a Vaisya woman may take a husband of two 
different castes ; and a Kshatriya woman may take 
a husband of one different caste. 

7. Sagotras and Saminapravaras are ineligible 
for marriage up to the fifth and seventh degrees of 
relationship respectively, on the father's and mother's 

* 8. The man must undergo an examination with 
regard to his virile ; when the fact of his virile has 
been placed beyond doubt, he shall obtain the 
maiden, (but not otherwise.) 

*9. If his collar-bone, his knee, and his bones (in 

VasishMa I, 24, 25; Vish«u XXIV, 1-4; Manu III, 12-14; 
Ya^-navalkya I, 56, 57. 

6. The somewhat laconic terms of the original may be para- 
phrased as follows : A Kshatriya may marry a VaLrya and a .Sudra 
woman, besides a wife of his own caste. A Vawya may marry a 
.Sfidra woman, besides a wife of his own caste. A Vauya woman 
may either take a Vawya husband, or she may wed a Kshatriya 
or a Brahman. A Kshatriya may either take a Kshatriya husband, 
or she may marry a Brahman. 

7. A Sagotra is a relative bearing the same family name(laukika 
gotra). A Samanapravara is one descended from the same Rtshi 
(vaidika gotra). See Professor Buhler's notes on Gautama XVIII, 
6 ; Apastamba II, 5, 11, 15. Manu III, 5; Apastamba II, 5, 11, 
15-16 ; Gautama IV, 2-5 ; Vasish//4a VIII, 1,2; BaucMyana II, 1, 
31-38 ; Vishwu XXIV, 9, 10; Manu III, 5 ; Yi^navalkya I, 53. 

8. Ya^-wavalkya I, 55. It should be observed, however, that the 
eligibility of impotent men or eunuchs for marriage is recognised in 
the Code of Manu (IX, 203), and that such men are very commonly 
married now-a-days. 

9. The curious disquisition on impotency is quoted in such an 

Digitized by 


XII, 13- IMPOTENCY. 1 67 

general) are strongly made ; if his shoulders and his 
hair are (also) strongly made; if the nape of his 
neck is stout, and his thigh and his skin delicate ; if 
his gait and his voice is vigorous ; 

* 10. If his semen, when thrown into water, does 
not swim on the surface ; and if his urine is rich and 
foamy : by these tokens may a potent man be known ; 
and one impotent by the opposite characteristics. 

*u. Fourteen species of impotent men are dis- 
tinguished by the sages, according to the rules of 
science, including both the curable and incurable. 
The rules regarding them shall be given in order. 

* 1 2. One naturally impotent, one whose testicles 
have been cut out, a Pakshashawa^a, one who has 
been deprived of his potency by a. curse of his 
spiritual guide, or by illness, or by the wrath of 
a deity, 

*i3. One jealous, a Sevya, one whose semen is 
(evanescent) as air, a Mukhebhaga, one who spills 

early compilation as Apararka's Commentary of the Ya^flavalkya- 
smrrti (twelfth century), which goes far to prove its genuineness. 
Apararka's gloss on this passage, scanty as it is, has proved useful 
in elucidating some of the difficult terms occurring in it, and in es- 
tablishing the correct readings. Besides, I have been able to avail 
myself of some valuable remarks, kindly communicated to me by 
the late Dr. Haas', the well-known connoisseur of Indian medicine. 

10. An analogous text is quoted from the SnWti of KStyayana. 
* He is called impotent whose urine froths not and whose faeces sink 
in water, and whose generative organ is deficient in erection or 
seminal juices.' See Colebrooke's Digest, V, 5, 330. 

ia. 'One naturally impotent' (nisargasha»<£4a), one born with- 
out the capacity of producing semen. Apararka. This category 
seems to be synonymous with the saha^a of Sorruta, the standard 
writer on medicine. Pakshasha»<fl4a, according to Apar&rka, is one 
capable of approaching a woman once in every half-month (Paksha). 

13. The jealous man, trshySsha»<//4a, seems to be identical with 
the irshyaka of Sumita, ' qui nisi alius cujusdam ineuntis feminam 

Digitized by 


1 68 narada. xn, 14. 

his semen, one whose semen is devoid of strength, 
one timorous, and one who is potent with another 
woman (than his wife) only, (these are the fourteen 
sorts of impotent persons.) 

* 14. Among these, the two first are incurable ; the 
one called Pakshasha#aJ£a should wait for a month ; 
the (three) named after him shall have to wait for 
a year. 

* 1 5. Those four, among whom, in the above enu- 
meration, the one jealous comes first, shall be avoided 
by their wives just like an outcast, though they may 
have been enjoyed by them. 

* 1 6. For the wife of one who spills his semen, or 
whose semen is devoid of strength, though they may 
have discharged their marital duties, another husband 
must be procured, after she has waited for half a year. 

* 1 7. If a man is timorous, he fails when he is about 

conspectu non potest.' The term sevya is obscure enough. Dr. 
Haas proposes to read ka, sevyasfa or fa mevyarfe or £aseky- 
asia., for ka sevyar£a. The asekya is a species of impotent person 
according to Sarruta. It may be, however, that the reading sevya is 
correct, and denotes one with whom sexual intercourse is possible- 
Mukhebhaga, ' is qui ore prout cunno utitur.' The revolting practice 
in question is repeatedly referred to e. g. by Narada himself, VI, 19, 
according to the commentators, and 1, 1 83. Dr. Haas proposes to read 
mushkabhagnaA, ' one deprived of the scrotum.' It may be argued, 
however, that this category has already been referred to in para- 
graph 12, and that the reading mushkabhagna is objectionable for 
metrical reasons. According to Aparirka, akshipta, the next term, 
means ' is cujus semen in coitu retro (aut susum) fluit ; ' moghabtfa 
means 'is cui semen ad propagationem aptum non est;' jatina 
means 'is cujus penis coitu facto collabitur;' and anyapati, the 
last term, means ' is qui cum alia femina praeter uxorem potest.' 

15. 'Like an outcast (patita).' Dr. Haas assigns a different 
meaning to the term patita, viz. 'is cujus penis collabitur;' and 
refers to such expressions as dhva^aA patati, ' penis collabitur,' in 
the Bhavaprakara. 

Digitized by 



to approach his wife; such a feeble man shall be 
stirred up by bringing before him other men's wives 
or young maidens, &c. 

* 18. If a man is potent with another woman 
but impotent with his own wife, his wife shall take 
another husband. This is a law promulgated by 
the Creator of the world. 

19. Women have been created for the sake of 
propagation, the wife being the field, and the hus- 
band the giver of the seed. The field must be given 
to him who has seed. He who has no seed is un- 
worthy to possess the field. 

20. Let a maiden be given in marriage by her 
father himself, or by her brother with the father's 
authority, or by her paternal grandfather, or by her 
maternal uncle, or by her agnates or cognates. 

21. In default of all these, by the mother, in case 
she is competent (to act as guardian); if she be 
wanting in competence, the distant connexions shall 
give a maiden in marriage. 

22. If no such person be in existence, let the 
maiden have recourse to the king, and let her, with 
his permission, betake herself to a bridegroom of 
her own choice, 

30, si. The object of these rules is to prevent that any marriage- 
able maiden should remain unmarried, which is a great point in the 
eyes of a Hindu legislator. Vish«u XXIV, 38, 39 ; Manu V, 151 ; 
Ya^Ttavalkya I, 63. The Nepalese MS. refers to the maternal in- 
stead of the paternal grandfather. 

33, 33. This is the custom of Svaya»»vara, ' self-choice (of a bride- 
groom),' so well known from the Indian epics. It appears from 
this paragraph that Narada does not allow this custom to be 
practised except with certain restrictions. See, however, the next 
paragraph. ' Age ; ' Manu says (IX, 94) that a man at the age of 
thirty shall marry a maiden of twelve, and a man aged twenty-four, 
years a maiden of eight. Gautama XVIII, 20 ; Vasish//5a XVII, 

Digitized by 


1 70 NARADA. XII, 23, 

23. Who belongs to her own caste, and is a suit- 
able match in point of descent, morality, age, and 
sacred learning. Let her discharge her religious duties 
in common with him, and bear children to him. 

24. When a bridegroom goes abroad after having 
espoused a maiden, let the maiden wait till her 
menses have passed three times, and then choose 
another bridegroom. 

25. Let no maiden suffer the period of maturity 
to come on without giving notice of it to her rela- 
tions. Should they omit to give her in marriage, 
they would be equal to the murderers of an embryo. 

26. He who does not give such a maiden in mar- 
riage commits the crime of killing an embryo as many 
times as her period of menstruation passes by with- 
out her having a husband. 

27. Therefore a father must give his daughter in 
marriage once (for all), as soon as the signs of matu- 
rity become apparent. (By acting) otherwise he 
would commit a heavy crime. Such is the rule 
settled among the virtuous. 

67, 68 ; Manu IX, 90-92 ; Vishwu XXIV, 40 ; Ya^wavalkya I, 64; 
Baudhayana IV, 1, 14. Read anurupaw in the text. 

24. This is the law in the case of a woman recently married, when 
consummation has not yet taken place. As for the conduct en- 
joined to one left by her husband, when they have been married 
for some length of time, see paragraphs 96-101. 

25. Maturity, according to a well-known versus memorialis, 
generally commences after completion of the tenth year. ' One aged 
eight years is a child; one aged nine years is a maiden; one aged 
ten years is a virgin ; after that time she is a marriageable woman.' 
See Parirara VII, 6; Sawvarta V, 66; Gautama XVIII, 22; 
Vasish/Aa XVII, 69; Vishwu XXIV, 41 ; Manu IX, 4, 93. 

26. VasishASa XVII, 71; Ya^wavalkya I, 64; Baudhiyana IV, 

i» 13- 

27. It must not be inferred from this rule that Narada is not 

Digitized by 



28. Once is the (family) property divided, once is 
a maiden given in marriage, and once does a man 
say, 'I will give;' each of these three acts is done 
a single time only among the virtuous. 

29. This rule applies to the five (first) marriage 
forms only, beginning with the Brahma (form of 
marriage). In the three (others), beginning with 
the Asura form, the (irrevocable) gift (of a maiden to 
a particular suitor) depends on the qualities (of the 

30. Should a more respectable suitor, (who appears) 
eligible in point of religious merit, fortune, and ami- 
ability, present himself, when the nuptial gift has 
already been presented (to the parents by the first 

an advocate of infant marriage, like many other Smr/'ti-writers. 
Thus Daksha says, ' Let a maiden be given in marriage at the age 
of eight years ; thus justice will not be violated.' Angiras rules that 
a maiden must be given in marriage in her tenth year by all means. 
Ra^-amartaWa, Yama, and Parama declare that it is a heavy sin if 
she continues to reside at her father's house after having reached 
her twelfth year of age. Vasish/Aa, Gautama, Vishwu, and Manu 
(IX, 93) ordain to give a maiden in marriage before she attains 
the age of puberty. 

28. This is the general rule regarding the indissolubility of the 
marriage tie. Divers important restrictions of this rule are stated 
in paragraphs 24, 29, 30, 96-101. Identical with Manu IX, 47. 
The Nepalese MS. inserts two paragraphs here: 'Soma springs 
into existence when the marks of puberty appear, and enjoys 
women. Their breast is a Gandharva, and Agni (the god of fire) is 
said to dwell in their menstrual discharge. Therefore let a father 
give his daughter in marriage before the marks of puberty have 
appeared in her, and before the menses and the breasts have been 
developed, and before she has been enjoyed by Soma and the rest.' 
The first paragraph occurs in the PaflAatantra as well. See the 
Petersburg Dictionary, s. v. Gandharva. 

29. Other legal consequences of the choice of a particular form of 
marriage are stated in the law of inheritance. See XIII, 9. 

30. Out of the various meanings of the term julka, the meaning 

Digitized by 


172 nArada. xrr,3i. 

suitor), the verbal engagement (previously made) 
shall be annulled. 

3 1 . Let no man calumniate a faultless maiden, nei- 
ther must one calumniate a faultless suitor. When, 
however, there is an actual defect, it is no offence if 
they dissolve their mutual engagement. 

32. When a man, after having made a solemn 
promise of giving his daughter in marriage to a 
certain suitor, does not deliver her afterwards, he 
shall be punished by the king like a thief, in case 
the suitor be faultless. 

33. But when a man gives a maiden in marriage, 
who has a (secret) blemish without first making (the 
defect) known, the king shall visit him with punish- 
ment of the very gravest kind. 

34. When a man, from hatred, declares a certain 
maiden to have lost her virginity, he shall pay one 
hundred Pa«as as a fine, unless he be able to give 
proofs of her disgrace. 

* 35. When a man, after having plighted his faith 
to a maiden, abandons her, although she is faultless, 
he shall be fined and shall marry the maiden, even 
against his will. 

36. Affliction with a chronic or hateful disease, 

' nuptial gift, presented to the parents of the bride by the bride- 
groom,' is no doubt the only one which fits in this place, as it 
appears from the preceding paragraph that this rule is applicable 
principally to the Asura form of marriage, i. e. marriage by pur- 
chase. Ya^navalkya I, 65. 

31. Manu VIII, 225 ; IX, 72 ; Ya^riavalkya I, 66 ; Vishmi V, 47. 

32. Manu IX, 71 ; Yi^navalkya I, 65. 

33. Manu VIII, 224; IX, 73 ; Ya^navalkya 1, 66 ; Vishmi V, 45. 

34. Vishmi V, 47; Manu VIII, 225; Ya^navalkya 1,66. 

35. Ya^fiavalkya I, 66. 

36. It does not become quite clear how far the last term in this 

Digitized by 


XII, 41. MARRIAGE. 1 73 

deformity, the loss of her virginity, a blemish, and 
proved intercourse with another man : these are de- 
clared to be the faults of a maiden. 

37. Madness, loss of caste, impotency, misery, to 
have forsaken his relatives, and the two first faults 
of a maiden (in the above text) : these are the faults 
of a suitor. 

38. Eight nuptial rites have been ordained for 
the (four) castes, by which wedlock may be entered 
into. The Brahma form is the first of these, the 
Pra^apatya form is the second. 

39. The Arsha, Daiva, Gandharva, and Asura 
forms follow next. The Rakshasa form is no worse 
than the one preceding it, and the Pai^aia is de- 
clared to be the eighth. 

40. In the Brahma form, a maiden decked with 
ornaments is given (to the bridegroom), after he has 
been invited and honourably received (by the father). 
When he has been addressed with the words, ' Fulfil 
your sacred duties together (with her),' it is termed 
the Pra/apatya form. 

41. When (the father) receives (from the bride- 
groom) a dress and a bull and a cow, it is termed 
the Arsha form. When she is given, before the 

enumeration, anyagatabhavi, differs in import from the two terms 
immediately, preceding it. Perhaps it denotes one pregnant, or who 
has had a child with another man. 

37. 'To have forsaken his relatives.' It is evident that certain 
near relatives must be meant, as e.g. Manu says (VIII, 389) that 
a mother, father, wife, or son must not be forsaken. 

38-43. Manu III, 20, 2i, 27-34; Ya^avalkya I, 58-61; 
Apastamba II, 5, 11, 17— II, 5, 12, 2; Gautama IV, 6-13 ; 
Baudhayana I, 20, 1-9 ; Vasish/Aa I, 28-35 ; Vishwu XXIV, 

40. See Professor Btlhler's note on Manu III, 30, 27. 

Digitized by 


1 74 nArada. xii, 42. 

altar, to a priest, who officiates at a sacrifice, it is 
termed the Daiva form. 

42. The union of a willing maiden with her lover 
is the fifth form, termed Gandharva. When a price 
is (asked for the bride by the father and) taken (by 
him), it is the form termed Asura. 

43. The Rikshasa form is declared to consist of 
the forcible abduction of a maiden. Sexual inter- 
course with a woman during her sleep or while she 
is unconscious (of the approach of a man) constitutes 
the eighth form, the basest of all. 

44. Of these, the (first) four, beginning with the 
Brahma form, are declared to be lawful ; the Gan- 
dharva form is common (to all castes); the three 
forms, which come after it, are unlawful. 

45. (Besides the lawful wives) seven other sorts 
of wives are mentioned in order, who have previously 
been enjoyed by another man. Among these, the 
Punarbhu (woman twice married) is of three kinds, 
and the Svairi»l (wanton woman) is fourfold. 

*46. A maiden not deflowered, but disgraced by 
the act of joining the bride and bridegroom's hands, is 

43. The term pramatta, translated by ' unconscious,' may either 
refer to a temporary or to a permanent derangement of the maiden's 

44. Manu III, 23-26; Apastamba II, 5, 12, 3; Gautama IV, 
14, 15; Baudhayana I, 20, 10-16; Vishwu XXIV, 27, 28. 

45. The fact that Narada treats Punarbhus, 'remarried women,' 
as being only one degree superior to Svairints, ' wanton women,' 
and belonging like the latter to the category of women previously 
enjoyed by another man, indicates the low estimation in which he 
holds remarried women, though remarriage is a perfectly legitimate 
proceeding, according to him, in certain cases. Manu V, 163; 
Ya^navalkya I, 67. Read trividhd in the text. 

46. ' The act of joining the bride and bridegroom's hands,' the mar- 
riage ceremony. Vasish/Aa X VII, 20; Manu IX, 176; VishwuXV, 8. 

Digitized by 


XII, 5«- MARRIAGE. 1 75 

declared to be the first Punarbhu. She is required 
to have the marriage ceremony performed once more 
(when she is married for the second time). 

*47. One who, after having left the husband of 
her youth and betaken herself to another man, re- 
turns into the house of her husband, is declared the 
second (Punarbhu). 

*48. When a woman, on failure of brothers-in-law, 
is delivered by her relations to a Sapiw^a of the same 
caste, she is termed the third (Punarbhu). 

*49. When a woman, no matter whether she have 
children or not, goes to live with another man 
through love, her husband being alive, she is the 
first Svairi»t (wanton woman). 

* 50. When a woman, after the death of her hus- 
band, rejects her brothers-in-law or other (relations) 
who have come to her, and unites herself with a 
stranger through love, she is called the second 

*5i. One who, having come from a (foreign) 
country, or having been purchased with money, or 
being oppressed with hunger or thirst, gives herself 
up to a man, saying, ' I am thine,' — is declared to be 
the third (Svairi»l). 

*52. When a woman, after having been given in 

47. Manu IX, 176; Vasish/fta XVII, 19; Vish«u XV, 9. 

48. This is an allusion to the custom of Niyoga or lcvirate, as 
described below, in paragraphs 80-88. 

49. Ya^navalkya I, 67. 

50. The 'wanton woman' here referred to is apparently one 
who, after the death of her husband, declines to perform the custom 
of Niyoga with a brother-in-law or other relation, and goes to live 
with a stranger instead of it. 

51. ' I am thine ; ' this is the formula by which a slave that is to 
be delivers himself to his future master. See above, V, 27. 

52. The term utpannasahasa has been translated 'by force.' 

Digitized by 


1 76 nArada. XII, 53. 

marriage by her spiritual guides, in a manner cor- 
responding with the usages of her country, (is after- 
wards married) to another by force, she is called the 
last Svairitfi. 

*53. Thus has the law been declared with re- 
gard to Punarbhu and Svairirct wives. Among them, 
each preceding one is inferior to the next in order, 
and each following one is superior to the one pre- 
ceding her. 

* 54. The issue of those women who have been 
purchased for a price belongs to the begetter. But 
when nothing has been paid for a woman, her off- 
spring belongs to her legitimate husband. 

55. When seed is strewn on a field, without the 
knowledge of the owner, the giver of the seed has 
no share in it; the fruit belongs absolutely to the 
owner of the field. 

56. When seed, carried off by a torrent of water 
or by a gust of wind, grows up in the field of a 

The Mitakshara, p. 77, interprets it by utpannavyabhWara, ' through 
adultery,' which seems to mean that an elopement is referred to, 
and not a forcible abduction. In that case, however, this species 
of wanton women would coincide entirely with the species de- 
scribed in paragraph 49. Besides, it appears from what is said 
in paragraph 53, that the species of wanton women described in 
paragraph 5 a must be less reprehensible than the three species 
described in the preceding paragraphs. 

53. The Nepalese MS. has the following two paragraphs instead 
of 53. 'Among the four sorts of Svairiwt women, the last re- 
spectively are preferable to those previously mentioned ; the 
treatment of their offspring is optional, as regards inheritance, 
funeral oblations of balls of meal and water, and other concerns. 
To Punarbhu women, the same rule is applicable as to Svairiwi 
women. Among them (also) each preceding one is inferior,' &c. 

54. This rule shows that the purchase and sale of women must 
have been a very common proceeding in the times of Narada. 

$6. Manu IX, 54. 

Digitized by 


xir, 6i. marriage; adultery. 177 

stranger, the owner of that field shall obtain the 
produce; none of the produce shall belong to the 
owner of the seed. 

57. When a full-grown bull begets calves with 
the cows of another man, while roaming in his cow- 
pen, the calves shall belong to him who owns the 
cows ; in vain has the bull spent his strength. 

58. When seed is sown in the field of another 
with the consent of the owner of that field, the off- 
spring is considered to be the common property of 
the giver of the seed and the owner of the soil. 

*59. Grain cannot be produced without a field, 
nor can it be produced without seed. Therefore 
offspring belongs by right to both, the father as well 
as the mother. 

*6o. Nor is (legitimate) offspring produced, when 
a man meets a woman at another house than her 
own. That is declared adultery by those conversant 
with (the law on) this subject, unless she have come 
into (the man's) house of her own accord. 

*6i. A man is not punishable as an adulterer for 
having intercourse with the wife of one who has left 
his wife without her fault, or of one impotent or 
consumptive, if the woman herself consents to it. 

57. Manu IX, 50, &c. 58. Manu IX, 53. 

60. When a woman enters the house of her paramour of her 
own accord to have intercourse with him, there is no offence (on 
his part). Vivada/fcint!ma«i, p. 11 a. The Nepalese MS. reads 
this paragraph differently: 'When a man has intercourse with 
a woman who has a protector living, at another man's house, it is 
termed adultery by those conversant with the subject, unless,' &c. 

61. When a man has connexion with a married woman, forsaken 
by her husband, or whose husband is impotent or feeble, he is not 
punishable, in case the woman consents to it, even though he meet 
her at her own house. Vivida&ntamani, p. 1 13. 

[33] N 

Digitized by 


178 nArada. xn,63. 

*62. To meet with another man's wife in an un- 
seasonable hour or place, and to sit, converse, or 
dally with her, these are the three grades of adultery, 

*6$. When a woman and a man have meetings 
at the confluence of two rivers, at a Ghat, in a 
garden, or in a park, it is also termed adultery. 

64. By the employment of go-betweens, dispatch 
of letters and other criminal proceedings of various 
kinds, adultery may be found out by the knowing. 

*65. If one touches a woman in a place (where it 
is) improper (to touch her) or allows himself to be 
touched (in such a spot), all such acts, done with 
mutual consent, are declared to be adultery. 

*66. Bestowing attentions (on a woman), sporting 
(with her), touching her ornaments and clothes, sit- 
ting with her on a bed, all such acts are (also) declared 
to be adulterous. 

*6y. If a man seizes a woman by the hand, by a 
braid of hair, or by the border of her gown, or if he 
calls out, ' Stop, stop,' all such acts are (also) de- 
clared to be adulterous. 

68. By the sending of clothes, ornaments, gar- 
lands of flowers, drinks, food, and fragrant substances, 
adultery may (also) be discovered by the wise. 

62. Manu VIII, 354; Ya^wavalkya II, 284. 

63. Manu VIII, 356. The Nepalese MS. omits paragraphs 64, 
6g, and arranges paragraphs 66-69 differently. 

65. Identical with Manu VIII, 358. « A place (where it is) im- 
proper (to touch her).' For a different interpretation of this term, 
see Professor Btthler's note on Manu VIII, 358. 

66. ' Bestowing attentions on a woman,' doing what is agreeable 
to her. Vivada£intama»i, p. no. Nearly identical with Manu 
VIII, 357- 

67. Such acts, when committed against another woman than 
one's own wife, constitute the offence of adultery. That is the 
meaning. Vivadaiintamawi, p. no; Ya^flavalkya II, 284. 

Digitized by 


XII, 74. ADULTERY. 1 79 

*69. When a man, actuated by vanity, folly, or 
braggartism, declares himself, that he has enjoyed 
the love of a certain woman, that is also termed an 
adulterous proceeding. 

70. When a man has connexion with a woman of 
his own caste, a fine of the highest degree (shall be 
inflicted on him) ; and the middling fine, when he has 
connexion with a woman of lower caste ; and capital 
punishment, when he has connexion with a woman 
of superior caste. 

7 1 . (When he has connexion) with a maiden against 
her will, he shall have two fingers cut off. If the 
maiden belongs to the highest (or Brahman) caste, 
death and the confiscation of his entire property (shall 
be hjs punishment). 

*72. When, however, he has connexion with a 
willing maiden, it is no offence, but he shall bestow 
ornaments on her, honour herewith other presents), 
and (lawfully) espouse her. 

*T2>. A mother, mother's sister, mother-in-law, 
maternal uncle's wife, father's sister, paternal uncle's 
(wife), friend's (wife), pupil's wife, sister, sister's 
friend, daughter-in-law, 

*74. Daughter, spiritual teacher's wife, Sagotra 
relation, one come to him for protection, a queen, 
a female ascetic, a nurse, an honest woman, and a 
female of the highest caste : 

70. Manu VIII, 374-385; Ya^flavalkya II, 286; Vishwu V, 
40, 41; Gautama XII, 2, 3; Baudhayana II, 3, 52, &c. 

71. Manu VIII, 366, 367 ; Ya^flavalkya II, 288. 

72. Manu VIII, 366; Ya^flavalkya II, 288. The Nepalese MS. 
reads: *' When a man of the same caste has intercourse with 
a willing maiden.' 

73-75. Manu XI, 171; Ya^flavalkya III, 231-233* &c- 

N 2 

Digitized by 


l80 NARADA. XII, 75. 

*75. When a man carnally knows any one out of 
these (twenty) women, he is said to commit incest. 
For that crime, no other punishment than excision 
of the organ is considered (as a sufficient atonement). 

* 76. When a man has sexual connexion with 
(small) cattle, he shall pay one hundred (Pa#as) as 
a fine ; (for sexual connexion) with a cow, he shall 
pay the middling fine ; and the same (for sexual 
connexion) with a low-caste woman. 

* 77. Let a punishment be inflicted by the king 
on him who has intercourse with a woman, with 
whom it is forbidden to have intercourse, and let 
such sinners be cleared (of the moral offence com- 
mitted by them) by performing a penance. 

* 78. Intercourse is permitted with a wanton 
woman, who belongs to another than the Brahman 
caste, or a prostitute, or a female slave, or a female 
not restrained by her master (nishkisinl), if these 
women belong to a lower caste than oneself; but 
with a woman of superior caste, intercourse is pro- 

75. The fact that female ascetics (pravragitd) are reckoned by 
Nirada among those females whose violation is incest — literally 
' an offence as heavy as the violation of a spiritual teacher's bed '— 
constitutes an important difference between his teaching and 
Manu's. Manu ordains the same punishment for the violation of 
female ascetics as for the violation of the wives of actors and singers 
and other abandoned women. See Professor Bilhler's note on 
Manu VIII, 363. All commentators declare that this rule is 
applicable in the case of guarded women only. The Vivida^in- 
timani says that the term 'mother' denotes a stepmother in 
paragraph 73. 

76. Vishwu V, 43, 44 ; Manu VIII, 385 ; Yi^favalkya II, 289. 
78. The two terms, svairiwt, ' a wanton woman,' and abrahmawf, 

' one not belonging to the Brahman caste,' have to be connected. 
'A wanton woman,' a self-willed unchaste woman. Nishk&sin! 

Digitized by 


xn,84. adultery; levirate. 181 

* 79. When, however, such a woman is the kept 
mistress (of another man, intercourse with her) is 
as criminal as (intercourse) with another man's wife. 
Such women, though intercourse with them is not 
(in general) forbidden, must not be approached, 
because they belong to another man. 

* 80. Should the husband of a childless woman 
die, she must go to her brother-in-law, through 
desire to obtain a son, after having received the 
(required) authorization from her Gurus. 

81. And he shall have intercourse with her, till a 
son be born. When a son is born, he must leave 
her. It would be sinful intercourse otherwise. 

82-84. (He shall approach) a woman who has 
brought forth male issue, and who is praiseworthy, 
free from passion, and without amorous desire. He 
must have anointed his limbs with clarified butter, 
or with oil which has not lost its natural condition, 
and must turn away his face from hers, and avoid 
the contact of limb with limb. For this (custom is 

means 'one who has left her family' according to the Madanaratna, 
and 'a female slave not restrained by her master' according to 
Yign&nesv&ra, Mddhavi&Lrya, and the rest. Vframitrodaya, p. 510. 
See above, V, 39. 

79. Ya^flavalkya II, 290. The Nepalese MS. reads 'when they 
belong to another man.' 

80-88. Manu IX, 59-64, 143; Ya^favalkya I, 69; Gautama 
XVIII, 4-8; Apastamba II, 10, 27, 2, 3; Vasish/ia XVII, 55, 66; 
Baudhayana II, 4, 9-10. Regarding the history of the Indian 
levirate, see my 'Outlines of a History of Hindu Law' (Tagore 
Law Lectures for 1883), pp. 153, 154. 

80. The Gurus intended are, the teacher, sub-teacher, and 
officiating priests of the deceased husband. See Professor Btthler's 
note on Vasish/zia XVII, 56. According to Vasish/Aa, the authority 
of both the Gurus and relatives is required. The relatives are 
referred to by Narada himself, paragraphs 82-84. 

Digitized by 


1 82 nArada. xii, 85. 

practised) when the family threatens to become 
extinct, for the continuation of the lineage, and not 
from amorous desire. He must not approach a 
woman who is with child, or blamable, or unau- 
thorized by her relations. Should a woman pro- 
create a son with her brother-in-law without having 
been authorized thereto by her relations, 

85. He is declared an illegitimate, and incapable 
of inheriting, by the expounders of the Veda. So 
when a younger brother has intercourse, without 
authorization, with the wife of his elder brother, 

86. Or an elder brother with the wife of his 
younger brother, they are both declared to commit 
incest. After having been authorized by the Gurus, 
he shall approach the woman and advise her, 

* 87. In the manner previously stated, (as if she 
were) his daughter-in-law. He becomes pure, when 
the ceremony for the birth of a male child is 
performed. (Let him approach her) once, or till 
she has conceived. When she is pregnant, she is 
even as (his daughter-in-law). 

86. According to Gagann&tha's reading of these texts, the ap- 
pointment to raise offspring may be given by the king also, where 
Gurus and relations are wanting. The same clause is found in the 
Nepalese MS. 'He shall advise the woman ' means, according to 
(Taganndtha, ' he shall teach her the general illegality of receiving 
the caresses of other men, and the particular legality of an appoint- 
ment to raise up offspring.' See Colebrooke's (Gagannatha's) Digest, 
IV, 4, 147. 

87. ' His daughter-in-law; ' a brother's wife is considered as similar 
to a daughter-in-law, according to Gagannitha. See loc. cit. The 
' ceremony for the birth of a male child ' (Puwsavana), which has 
the procreation of a son for its object, is usually performed at the 
time when the mother perceives the first signs of a living con- 
ception. It has to be observed that the reading of this paragraph 
is uncertain, and its rendering conjectural. The Nepalese MS. 
agrees with Cagannatha. 

Digitized by 


xii, 93. levirate; divorce. 183 

* 88. Should the man or woman behave other- 
wise, impelled by amorous desire, they shall be 
punished severely by the king. Otherwise justice 
would be violated. 

* 89. Husband and wife must not lodge a plaint 
against one another with their relations, or the king, 
when a quarrel has arisen through passion, which 
has its root in jealousy or scorn. 

90. When husband and wife leave one another, 
from mutual dislike, it is a sin, except when a 
woman, who is kept under supervision, commits 

*9i. When a married woman commits adultery, 
her hair shall be shaved, she shall have to lie on a 
low couch, receive bad food and bad clothing, and 
the removal of the sweepings shall be assigned to 
her as her occupation. 

* 92. One who wastes the entire property of her 
husband under the pretence that it is (her own) Strl- 
dhana, or who procures abortion, or who makes an 

89. The term sambandha, literally 'connexion,' has been rendered 
by 'a quarrel.' It can hardly be referred to friendly connexion 
(with another man or woman) in this place. The prohibition of 
lawsuits between wife and husband may be compared to the 
analogous prohibition, in the case of husband and wife, of surety- 
ship, division of property, contracting of debts, and giving evi- 

91. Mitramwra, in the Vtramitrodaya, p. 520, quotes this text as 
proving that an adulteress even has a claim to maintenance. He 
interprets it as follows. When a woman has committed adultery 
through amorous desire, she shall be shaved and compelled to lie 
on a low couch, bad food and a bad dwelling shall be given to her 
for her maintenance ; and the removal of rubbish shall be assigned 
to her as her occupation. Ya^flavalkya I, 70. 

92. As for the constituents of Strldhana, or separate property of 
a woman, see XIII, 8. 

Digitized by 


1 84 narada. XII, 93. 

attempt on her husband's life, he shall banish 
from the town. 

* 93. One who always shows malice to him, or 
who makes unkind speeches, or eats before her 
husband, he shall quickly expel from his house. 

*94. Let not a husband show love to a barren 
woman, or to one who gives birth to female children 
only, or whose conduct is blamable, or who con- 
stantly contradicts him ; if he does (have conjugal 
intercourse with her), he becomes liable to censure 

* 95. If a man leaves a wife who is obedient, 
pleasant-spoken, skilful, virtuous, and the mother 
of (male) issue, the king shall make him mindful of 
his duty by (inflicting) severe punishment (on him). 

96. When a faultless maiden has been married 
to a man who has a blemish unknown (before his 
marriage), and does not repair to another man (after 
discovering it), she shall be enjoined to do so by 
her relations. If she has no relations living, she 
shall go (to live with another man) of her own 

97. When her husband is lost or dead, when he 

93. 'He shall expel from his house.' This, according to an 
interpretation mentioned by Cragannaiha, means that he shall 
banish her from the principal habitation, assigning to her a separate 
dwelling within his close. See Colebrooke's Digest, IV, 1, 63. 
This interpretation is hardly correct, though it is interesting as it 
shows the tendency of the commentators to explain away those 
laws under which married women were deprived of their claim to 
maintenance. Manu IX, 80, 81 ; Yi^Savalkya I, 73, &c. 

96. This rule shows that a marriage is dissoluble on the discovery 
of a blemish, as well as a betrothal. See XII, 3. 

97. ' Lost,' i.e. gone no one knows whither. This text, or an 
identical text of Para\rara, has been frequently appealed to by the 

Digitized by 



has become a religious ascetic, when he is impotent, 
and when he has been expelled from caste : these 
are the five cases of legal necessity, in which a 
woman may be justified in taking another husband. 

98. Eight years shall a Brahman woman wait for 
the return of her absent husband ; or four years, if 
she has no issue ; after that time, she may betake 
herself to another man. 

99. A Kshatriya woman shall wait six years ; 
or three years, if she has no issue ; a VaLyya woman 
shall wait four (years), if she has issue ; any other 
Vaisya woman (i.e. one who has no issue), two 

100. No such (definite) period is prescribed for 
a .Sudra woman, whose husband is gone on a 
journey. Twice the above period is ordained, when 
the (absent) husband is alive and tidings are re- 
ceived of him. 

101. The above series of rules has been laid 
down by the Creator of the world for those cases 
where a man has disappeared. No offence is im- 
puted to a woman if she goes to live with another 
man after (the fixed period has elapsed). 

modern advocates of the remarriage of widows in India. VasishMa 

XVII, 74 . 

98, 99. Vasish/fla XVII, 75-80; Manu IX, 76, 77; Gautama 

XVIII, 15-17- 

100, 101. The Nepalese MS. has three paragraphs instead of 
these two, as follows : — ' 100. No such period is ordained for 
a Sudra woman, nor is justice violated (in her case). The utmost 
limit for her is a year, especially if she has no issue, xoi. This 
term has been ordained for the wives of absent husbands who are 
dead. Twice the same term is ordained, when (the absent husband) 
is alive and tidings are received of him. 101 a. The (other) term has 
been ordained for those who have issue (?). Afterwards, no offence 
is imputed to a woman who goes to live with another man.' 

Digitized by 


1 86 nArada. XII, 10a. 

1 02. This body of laws is applicable to the off- 
spring of unions in the direct order of the castes ; 
the offspring of a marriage union in the inverse 
order of the castes is said to be (produced by) a 
confusion of castes. 

103. There are Anantara, Ek&ntara, and Dvyan- 
tara sons both in the direct and inverse order of 
the castes. 

104. (Of this description are) the Ugra, Parana va, 
and Nishada, (who are begotten) in the direct order, 
as well as the Ambash/^a, MAgadha, and Kshattrz, 
who spring from a Kshatriya woman. 

105. One of these (latter castes) is begotten in 
the direct order, of the two (others) it must be 
known that they are (begotten) in an inverse order. 
The Kshattrz and the rest are begotten in an 

102. 'In the direct order of the castes,' i.e. where a man of 
higher marries a woman of lower caste. ' In the inverse order of the 
castes,' i.e. where a woman of higher marries a man of lower caste. 

103-113. Manu X, 6-41; Gautama IV, 16-28; Vasish/Aa 
XVIII; Baudhayana I, 16, 6-12, 17 passim; Vish/m XVI, 1-7; 
Ya^wavalkya I, 91-95. 

103. An Anantara is the son of a father whose caste is only one 
degree higher or lower than the caste of the mother. An Ekantara 
is the son of a father whose caste is two degrees higher or lower 
than the caste of the mother. A Dvyantara is the son of a father 
whose caste is three degrees higher or lower than the caste of the 
mother. The Nepalese MS., throughout superior to the Indian 
MSS., reads as follows : — ' 103. An Ugra, Pararava, and Nishada 
are (begotten) in the direct order, and are declared to be the sons of 
.Sudra women with husbands of the (three) higher castes. 104. Of 
a Brahman woman are born a AT&Wala, a Suta, and aVaidehaka; 
they are declared to spring in an inverse order, from their union 
with husbands of different caste. 105. An Ambash/ta, Magadha, 
and Kshattr/' are the sons of a Kshatriya woman. Of these, one is 
born in the direct, and two are born in the inverse order. 106 a. Of 
a Vairya woman, are born an Ambash/Aa, Yavana, and Ayogava, 

Digitized by 


XH, 108. MIXED CASTES. 1 87 

inverse order, the (three) mentioned first in the 
direct order. 

106. Sacraments, beginning with the boiling of 
gruel, three times seven in number (shall be per- 
formed) by them. The son (of a Brahman) with a 
Brahman woman is equal in caste (to his father). 
The son (of a Brahman) with a Kshatriya woman is 
an Anantara. 

107. An Ambash/Aa and an Ugra are begotten 
in the same way by Kshatriya men and on Vai-yya 
women respectively. An Ambash//fca is an Ekantara, 
the son of a Brahman with a Vai.sya woman. 

108. In the same way, a son called Nishada 

Of these, one is born in the inverse, and two are born in the direct 
order. 106 b. A Suta and the other Pratilomas (men born in the 
inverse order), who are begotten contrary to order, are declared to 
partake of the series of three times seven sacraments, beginning 
with the Paka ceremony (cooking food). 106 c. The son,' &c. 

106. The meaning of the first half of this paragraph is some- 
what obscure. The term triA sapta, 'three times seven,' has 
been connected with sa/Hskarib, ' sacraments.' The sacraments are 
peculiar to those mixed castes, which are procreated in the direct 
order of castes. See Manu X, 41. The 'boiling of gruel' 
(jferupaka) being mentioned as the first sacrament, it appears that 
the sacraments here referred to are identical with the yagtfas, 
' sacrifices,' of which there are twenty-one according to the usual 
theory. See Gautama XVIII, 18-20, and Professor Weber's paper 
on Vedic Sacrificial Rites, Indische Studien, X, p. 320. It is also 
possible to connect the clause ' three times seven ' with * them.' The 
number of twenty-one mixed castes procreated in a direct order is 
received by adding the fifteen castes springing from a further mixture 
between the mixed castes (Manu X, 31) to the six principal mixed 
castes procreated in a direct order. For vai mati^, as I have con- 
jectured, the MSS. read kosh/AataA, which might be rendered '(The 
twenty-one sacraments, beginning with the boiling of gruel, have to 
be performed by them) out of a pot.' However, the correctness of 
this reading is liable to considerable doubt. The Nepalese MS. 
reads, te samskara^a pakadyas teshawi triA saptako ganaA. This 
is perhaps the original reading. See the preceding note. 

Digitized by 


1 88 nArada. xn, 109. 

springs from the union of a Kshatriya with a .Sudra 
woman. A .Sudra woman . obtains from a Brahman 
a son (called) Parasava, who is superior (to the 

109. Thus have the sons born in the direct order 
of castes been declared. The two sons called Suta . 
and Magadha as well as the Ayogava, 

1 10. And the Kshattrz andVaidehaka are begotten 
in the inverse order of castes. The Suta is declared 
to be an Anantara, begotten by a Kshatriya on a 
Brahman woman. 

in. Similarly, the Magadha and Ayogava are 
the sons of Vaisya and v9udra fathers (and of a 
Brahman mother). A Brahman woman obtains of 
a VaLyya father an Ekantara son, the Vaidehaka. 

1 1 2. A Kshatriya woman (obtains of a .Sudra) an 
Ekantara son, called Kshattr*. A Dvyantara son in 
the inverse order, the most abject of men, because he 
is the fruit of sinful intercourse, 

1 1 3. Kzndkla. by name, is born of a .Sudra, when 
a Brahman woman forgets herself (with him). There- 
fore must the king take special care to prevent 
women from sinful intercourse with men of different 

The Law of Inheritance. 
* 1 . Where a partition of the paternal property 

113. The Nepalese MS. inserts the following before the clause 
beginning with the word ' Therefore :' — ' Because confusion of the 
castes springs up, where the king keeps no watch over them.' 

XIII, 1. The term ' sons ' includes by implication grandsons and 

Digitized by 



is instituted by the sons, it is called by the learned, 
Partition of Property, a title of law. 

* 2. The father being dead, the sons shall divide 
the estate as they ought ; (and so shall) daughters 
(divide the property) of their mother (when she dies); 
or, failing daughters, their issue. 

* 3. (The distribution of the property shall take 
place) when the mother has ceased to menstruate 
and the sisters are married, or when the father's 
sexual desire is extinguished and he has ceased 
to care for worldly interests. 

* 4. Or let a father distribute his property among 
his sons himself, when he is stricken in years, either 
allotting a larger share to the eldest son, or (dis- 
tributing the property in any other way) following 
his own inclination. 

more remote descendants. The term ' paternal ' includes property 
of the grandfather and more remote ancestors as well. Mandlik's 
Mayukha, p. 33 (IV, 3, 1, Borrodaile). Analogous remarks are found 
in most other Commentaries. 

2. 'Their issue' (tadanvayaA). According to the usual ex- 
planation, the male issue of the daughters is meant. However, 
there is nothing in the text to warrant an exclusion of the female 
issue of daughters. Manu IX, 104, 192; Ya^tfavalkya II, 117; 
Gautama XXVIII, 1 ; Baudhayana II, 3, 8. 

3. According to the Mayukha, the clause ' when the sisters are 
married ' has to be construed with both the preceding and following 
clauses, the marriage of the sisters being required to precede both 
a division in the father's lifetime and a division in the mother's 
lifetime. See Maytikha, p. 33 (translation, p. 39). The Daya- 
bhaga has a totally different reading of this text, which is censured 
in the Viramitrodaya. Gautama XXVIII, 1. 

4. The Dayabhaga (II, 82, Colebrooke) states correctly that the 
unequal distribution referred to in the last clause of this text must 
be different from that sort of unequal distribution under which the 
eldest son is to receive a larger share than the rest. The Mitak- 
shara school, on the other hand, recognises two different modes of 

Digitized by 


190 NARADA. XIII, g. 

* 5. Or the senior brother shall maintain all (the 
junior brothers), like a father, if they wish it, or even 
the youngest brother, if able ; the well-being of a 
family depends on the ability (of its head). 

*6. Property gained by valour, or belonging to 
a wife, and the gains of science, are three kinds 
of wealth not subject to partition ; and so is a favour 
conferred by the father (exempt from partition). 

* 7. When the mother has bestowed (a portion 
of) her property on any (of her sons) from affection, 
the rule is the same in that case also ; for the mother 
is equal to the father (as regards her competence to 
bestow gifts). 

*8. What (was given) before the (nuptial) fire, 
what (was given) during the bridal procession, the 
husband's donation, and what was received from 
her brother, mother, or father, that is called the six- 
fold property of a woman (Strldhana). 

distribution only: one equal, and the other with the customary 
deductions in favour of the eldest son, middlemost son, &c, ac- 
cording to the order of seniority. The writers of this school, 
therefore, have endeavoured to refute the interpretation of the 
Dayabhaga. See Viramitrodaya, transl., p. 54. — Manu IX, 112 
foil. J Ya^navalkya II, 114; Apastamba II, 6, 14; Gautama 
XXVIII, 2; Vish«u XVII, 1 ; Baudhayana II, 3, 9. 

5. As the management of the property and government of the 
family, under this rule, may devolve on the youngest brother even, 
it follows that the middlemost brother may get it a fortiori. This 
is expressly stated in the DiyabbAga (III, 1, 15, Colebrooke). 
Manu IX, 108. 

6. • What was received at the time of obtaining a wife is here 
called the "wealth of a wife;" meaning effects obtained on 
account of marriage.' Dayabhaga (VI, 1, 13, Colebrooke); Manu 
IX, 206; Ya^navalkya II, 119. 

8. It may be asked by whom the gifts presented before the 
nuptial fire and during the bridal procession, i. e. at two different 
stages of the marriage ceremony, must have been presented in 

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*o. Such property of a woman shall go to her 
offspring ; if she have no offspring, it is declared to 
go to her husband (if she was married to him) 
according to one of the four (praiseworthy) marriage 
forms, beginning with the Brahma form ; (if she 
was married) according to one of the other forms, it 
shall go to her parents. 

*io. When one brother maintains the family of 
another brother, who is engaged in studying science, 
he shall receive a share of the wealth gained by 
that study, though he be ignorant (himself). 

* 1 1. A learned man is not bound to give a share 
of his own (acquired) wealth against his will to an 
unlearned co-heir, unless it have been gained by 
him using the paternal estate. 

* 1 2. Two shares let the father keep for himself 

order to be Strtdhana. As all the other gifts classed as Strtdhana 
are presented by relations, it may be inferred that the nuptial 
gifts have to come from the same quarter. Katyayana declares 
expressly that a gift made by a stranger is not Stndhana. Manu 
IX, 194; Ya^navalkya II, 143, 144; Visrwiu XVII, 18. 

9. See XII, 38 foil. The commentators are of opinion that the 
G&ndharva form of marriage follows the same rule as those four 
forms which are referred to in the first half of this text. This, 
however, is an artificial interpretation, which has merely been de- 
vised for the purpose of making this text agree with an analogous 
rule of Manu (IX, 196). Manu IX, 195-197 ; Ya^navalkya II, 
144, 145; Vish«u XVII, 19-21; Vasish/tfa XVII, 46; BaudhS- 
yana II, 2, 3, 43. Read £aturshv£huA in the text. 

10. Srikr/shwa observes that where the support has been offered 
by several unlearned co-heirs, they shall all of them be made to 
participate in the gains of science. See Colebrooke's DayabhSga, 
VI, i, 15, note. 

ii.' The word " paternal " intends joint property.' DSyabhSga 
VI, 1, 17; Manu IX, 206; Yi^navalkya II, 119; Gautama 
XXVIII, 30. 

la. The rule which assigns two shares to a father distributing 

Digitized by 


192 NARADA. Xm, 13. 

when distributing his property. The mother shall 
receive the same share as a son (when the sons 
divide the property) after her husband's death. 

* 1 3. To the eldest son a larger share shall be 
allotted, and a less share is assigned to the youngest 
son. The rest shall take equal shares, and so shall 
an unmarried sister. 

*i4. The same rule applies to sons of a wife 
(Kshetra^as) lawfully begotten on her. For sons 
of lower caste, a decrease in the shares according 
to the order (of their caste) is ordained, in case they 
are born of women legally married. 

* 1 5. When a father has distributed his property 
amongst his sons, that is a lawful distribution for 
them (and cannot be annulled), whether the share 
of one be less, or greater than, or equal to the 
shares of the rest ; for the father is the lord of all. 

his property himself, is referred to the father's self-acquired property 
in the Mitakshara school, and to ancestral property in the Bengal 
school. This difference of interpretation is connected with the 
varying views taken in the several schools of law of the extent of 
the patria potestas in questions of proprietary right and inheritance. 
See DSyabhaga II, 35, Colebrooke ; Mitakshara I, 5, 7, Colebrooke. 
Ya^riavalkya II, 123 ; Vishwu XVIII, 34. 

13. The share of an unmarried daughter, according to the 
translation here given, would have to be equal to the shares of the 
middlemost brothers. According to Gagannatha, all that is meant 
by Narada is this, that the daughter shall receive some portion of 
the property, the precise amount of it being left undecided. See 
Colebrooke's Digest, V, 1, 71. — Manu IX, 113-118; Vish«u XVII, 
37; XVIII, 35; Baudhayana II, 3, 9; Gautama XXVIII, 5-13; 
Vasish/Aa XVII, 42 foil.; Apastamba II, 6, 14, 6-10 ; Ya^favalkya 

14. For the rules regarding the procreation of a Kshetra^a son, 
see XII, 80-88. Gautama XXVIII, 35-39; Vasish/Aa XVII, 
47-50; Vishwu XVIII, 1-3 1 ; Baudhayana II, 3, 10; YSgfla- 
valkya II, 125; Manu IX, 149-156. 

15. The writers of the Bengal school give this text its plain 

Digitized by 



*i6. A father who is diseased, or angry, or ab- 
sorbed by (sinful) worldly interests, or who acts 
illegally, has not the power to distribute his property 
(as he likes). 

* 1 7. The son of a maiden, a son obtained through 
a pregnant bride, and one born of a woman (whose 
transgression was) unknown (at first and is found out 
subsequently) : of these, the mother's husband is 
regarded as the father, and they are declared to be 
entitled to shares of his property. 

*i8. A maiden's son, whose father is unknown 
and whose mother is not legally married (to his 
father), shall give a funeral ball (of rice) to his 
maternal grandfather and inherit his property. 

* 1 9. Those sons who have been begotten by one 
or by many on a woman not authorized (to raise 
issue to her deceased husband), shall all be dis- 

meaning, viz. that a father may distribute his property among his 
sons as he pleases. They add, however, that in doing so he must 
be guided by lawful motives, such as compassion on an incapable 
son, partiality for a pious son, and the like. See DayabhSga II, 
74» 75 J Colebrooke's Digest, V, 1, 32. The Mayukha, on the 
other hand, declares that this rule of Narada had legal force in the 
former ages of the world only. See Mandlik's Mayukha, p. 35 
(transl. p. 43). Ya^avalkya II, 116. 

16. This rule ' relates to the case where the father, through 
perturbation of mind occasioned by disease or the like, or through 
irritation against any one of his sons, or through partiality for the 
child of a favourite wife, makes a distribution not conformable to 
law.' Colebrooke's DayabMga II, 83. The Mitakshara' (I, 2, 13, 
14), cutting down the privileges of the father everywhere, interprets 
this rule as a prohibition of any other mode of unequal distribution 
except that by which the customary deductions are made in favour 
of the eldest son, &c. 

17, 18. Manu IX, 170-172 ; Ya^flavalkya II, 129 ; Vishmi XV, 
10-17; Vasish/Aa XVII, 21-23. 

19. Regarding the rule of Niyoga, or appointment of a married 

[33] O 

Digitized by 


194 NARADA. XIII, 20. 

inherited; they are the sons of their (respective) 
begetters only. 

* 20. They shall offer the funeral ball (of rice) to 
their begetter, in case their mother had been 
obtained for a price ; if no price has been paid for 
her, they shall give the funeral ball to the husband 
(of their mother). 

*2i. One hostile to his father, or expelled from 
caste, or impotent, or guilty of a minor offence, 
shall not even take a share (of the inheritance), if he 
is a legitimate son ; much less so, if he is a (Kshetra^a) 
son of the wife (only). 

*22. Persons afflicted with a chronic or acute 
disease, or idiotic, or mad, or blind, or lame (are 
also incapable of inheriting). They shall be main- 
tained by the family; but their sons shall receive 
their respective shares (of the inheritance). 

* 23. The sons of two fathers shall give the funeral 

woman or widow to raise offspring to her husband, see XII, 80-88 ; 
Manu IX, 143. 

20. See XII, 54. 

21, 22. Manu IX, 201-203; Apastamba II, 6, 14, 1, 15; 
Gautama XXVIII, 23, 40, 43 ; Vasish/fa XVII, 52, 53 ; Baudhk- 
yana 11,3,37-40; Vishwu XV, 32-37; Yagflavalkya II, 140, 141. 

21. The commentators are at variance as to the precise meaning 
of the term 'hostile to his father.' Thus the Sarasvattvilisa declares 
it to denote one who forgets himself so far as to say, ' He is not my 
father.' The Dayakramasahgraha says it means one who beats his 
father. According to Gagann&tha and the Ratnakara, it means 
' one who attempts his father's life or commits other hostile acts 
against him (m&rawSdikr/t), and who fails to offer the customary 
funeral oblations to his father after his death.' See Colebrooke's 
Digest, V, 4, 320. 

22. Atrophy or pulmonary consumption is instanced as a chronic, 
and leprosy as an acute disease, in the Ratnakara. See Colebrooke's 
Digest, loc. cit 

23. 'The adoptive father,' literally 'the man who owns the 

Digitized by 



ball (of rice) and the water oblations to each of the 
two (fathers) singly, and shall receive one half of the 
property left by their natural and adoptive fathers. 

* 24. That portion (of the property) which belongs 
to a reunited coparcener is declared to be absolutely 
his own. So when one of the sharers has no issue 
it shall go to the rest (after the death) of those who 
are childless. 

*25. If among several brothers one childless 
should die or become a religious ascetic, the others 
shall divide his property, excepting the Strldhana. 

mother ' (Kshetrika). The ' son of two fathers ' is no doubt one 
procreated by Niyoga on the wife of one impotent, &c. It is not 
equally clear why he is to obtain one half only of the property left 
by his two fathers, as he is elsewhere declared to succeed to both. 
According to the Ratnakara, this rule ' relates to the case where the 
natural father has a son begotten in lawful wedlock, and the husband 
of the mother also has by some means (kathawAit) obtained male 
issue by himself begotten.' See Colebrooke's Digest, V, 4, 242. — 
Ya^flavalkya II, 127; Manu IX, 145,190; Baudhayana II, 3,18, 19. 

24. For several other interpretations of this difficult text, see 
Colebrooke's Digest, V, 8, 433. It has to be observed, however, 
that the reading translated here differs from the reading translated 
by Colebrooke. 

25, 26. The fact that the widow is invested with a claim to 
maintenance merely under this text, whereas the leading texts of 
Ya^tfavalkya and Vishwu constitute her heir to the property of a 
husband who has died without leaving male issue, has caused some 
difficulty to the commentators. Thus Madana says that this text 
must be held applicable to the widow of an undivided or reunited 
coparcener only, who is given a mere claim to maintenance by all 
writers of the Mitakshara school. The writers of the Bengal 
school, on the other hand, recognise the widow's right of inherit- 
ance in the case of undivided coparceners even. It appears, how- 
ever, from the order of heirs given in 49-51) that NSrada does not 
make the widow an heir in any case. 

25. Manu IX, 212; Ya^tfavalkya II, 138; Vishwu XVII, 17; 
Gautama XVIII, 21. 

O 2 

Digitized by 


196 nArada. XIII, 26. 

*26. They shall make provision for his women 
till they die, in case they remain faithful to the bed 
of their husband. Should the women not (remain 
chaste), they must cut off that allowance. 

*2j. If he has left a daughter, her father's share 
is destined for her maintenance. They shall main- 
tain her up to the time of her marriage ; afterwards 
let her husband keep her. 

*28. After the death of her lord, the relations 
of her husband shall be the guardians of a woman 
who has no son. They shall have full authority to 
control her, to regulate her mode of life, and to main- 
tain her. 

*2g. When the husband's family is extinct, or 
contains no male, or when it is reduced to poverty, 
or when no one related to it within the degree of a 
S&pinda. is left, the father's relations shall be the 
guardians of a woman. 

*30. It is through independence that women go 

26. Ya£#avalkya II, 142. 

27. 'They shall maintain her,' literally 'they shall give her a 
share.' See par. 13, where a share is allotted to an unmarried 
sister. The maintenance of the daughter includes, no doubt, the 
obligation to defray the expense of her marriage. Ya^afavalkya 
II, 141. 

28. All the commentators declare that the right of guardianship 
goes in the order of proximity. ' Thus, without (her guardian's) 
consent, she may not give away anything to any person ; nor 
indulge herself in matters of shape, taste, smell, and the like ; and 
if the means of subsistence be wanting he must provide her main- 
tenance.' Gagannatha. See Colebrooke's Digest, IV, 1, 13. 

29. The Nepalese MS. and the commentaries insert the following 
text here : * ' If both families are extinct, the king is declared to be 
the protector of a woman ; he shall provide for her and punish her 
when she has swerved from the path of duty.' 

30,31. VasishMaV, 1, 2; Baudhiyana II, 3, 44, 45; Gautama 

Digitized by 



to ruin, though born in a noble family. Therefore 
the Lord of creatures has assigned a dependent con- 
dition to them. 

*3i. The father protects her during her infancy, 
the husband protects her when she is grown up, and 
the sons (protect her) in her old age. A woman is 
unfit to enjoy independence. 

* 32. What is left (of the father's property), when 
the father's obligations have been discharged, and 
when the father's debts have been paid, shall be 
divided by the brothers, in order that the father 
may not continue a debtor. 

* 33. For those (brothers), for whom the initiatory 
ceremonies have not been duly performed by their 
father, they must be performed by the (other) brothers, 
(defraying the expense) from the paternal property. 

XVIII, 1 ; Manu IX, 3 ; V, 148 ; Ya^flavalkya 1, 85 ; Vishmi XXV, 
12, 13. 

30. ' They go to ruin,' i. e. they are guilty of disloyalty and 
other offences; thus, because they do not know what is legal 
for those who live exactly according to sacred ordinances, and 
because they cannot be instructed, they would violate the duties of 
their class and the like. GagannAtha. See Colebrooke's Digest, 
IV, 1, 4. 

32. The term pitnd&yebhyo, ' when the father's obligations have 
been discharged,' is differently explained by different commentators. 
Thus Varadara^a (Burnell's Vyavaharanir»aya, p. 18) says it denotes 
the father's funeral rites and the like. Afyuta, as quoted in Cole- 
brooke's Dayabhaga I, 47, note, refers it to sums of which 
payment has been promised by the father. Manu VIII, 166 ; 
IX, 104; Baudhayana II, 3, 8; Gautama XXVIII, 1; Ya^fla- 
valkya II, 117. Read dattvarna/w in the text. 

33. There appears to be some doubt as to what is meant here 
by the term sawskara, ' initiatory or sacramental ceremonies,' some 
commentators including the ceremony of marriage in that term, and 
others declaring the initiatory ceremonies to terminate with the 
investiture with the sacred thread. Ya^avalkya II, 124. 

Digitized by 


198 nArada. xin, 34. 

*34. Or, no paternal wealth being left, the 
initiatory ceremonies must be invariably performed 
for their brothers by those previously initiated con- 
tributing (the required) funds from their own portions. 

*35. One who, being authorized to look after 
the affairs of the family, charges himself with the 
management (of the family property), shall be sup- 
ported by his brothers with (presents of) food, 
clothing, and vehicles. 

* 36. When the fact of a legal partition should be 
called into question, the decision of the dispute 
(which has arisen) among the sharers shall be 
founded on (the testimony of) kinsmen, the written 
deed recording the division of the estate, and the 
separate transaction of business. 

*37. Among unseparated brothers, the perform- 
ance of religious duties is single. When they have 
come to a partition, they have to perform their re- 
ligious duties each for himself. 

35. Some commentators explain this text as having reference to 
one who generously declines to take his share at the time of 
partition. His share shall be made up afterwards by the other 
brothers contributing severally a portion of their shares. However, 
there seems to be more foundation for the opinion of those com- 
mentators who interpret this text as ordaining the allotment of a 
preferential share or the presentation of special gifts to the manager 
of the family property. See Colebrooke's Digest, V, 2, 108. 

36. The commentators observe that the contest here referred to 
does not turn on the mode but on the fact of partition. See Cole- 
brooke's Digest, V, 6, 381. The business here referred to consists 
of agriculture and the like acts, according to the Mitakshara. 
Y4^«avalkya II, 149. 

37. The term 'religious duties,' according to the MitdksharS, 
relates principally to the five MahSya^flas, ' great sacrifices ' or 
' sacraments.' Before division they are performed by one brother, 
generally the eldest brother, as representative of the rest. Manu 
IX, in ; Gautama XXVIII, 4. 

Digitized by 



*38. Giving, receiving, cattle, food, houses, fields, 
and servants must be regarded as separate among 
divided brothers, and so must cooking, religious 
duties, income, and expenditure (be kept separate 
for each of them). 

*39- (The acts of) giving evidence, of becoming a 
surety, of giving, and of taking, may be mutually 
performed by divided brothers, but not by unsepa- 
rated ones. 

*40. If (brothers or others) should transact such 
matters as these publicly with their co-heirs, they 
may be presumed to be separate in affairs, even 
though no written record (of the partition) be in 

*4i. Those brothers who for ten years continue 
to live separate in point of religious duties and 
business transactions, should be regarded as separate ; 
that is a settled rule. 

*42. When a number of persons, the descendants 
of one man, are separate in point of (the performance 
of) religious duties, business transactions, and work- 

38. ' Giving and receiving,' without consulting each other. Pur- 
chase of ' cattle ' and the like. See Colebrooke's Digest, V, 6, 380. 
The upshot of a long discussion of this text by Gagannatha is this, 
that none of the acts mentioned here may be regarded as conclusive 
evidence by itself, a great deal of collective evidence of all sorts 
having to be adduced in each case. See Colebrooke's Digest, V, 
6, 387- 

39. Ya^flavalkya II, 52. 

41. The term 'brothers' is here used to denote coparceners 
generally. SmrftUandrika XVI, 14. The Sarasvativilasa (§ 812, 
Foulkes) contests the correctness of this interpretation. The 
Nepalese MS. does not give this paragraph, and it is elsewhere 
attributed to Br/haspati. 

42, 43. 'Religious duties,' prescribed observances, such as the 
five great sacrifices (Mahaya^as). 'Business transactions,' such as 

Digitized by 


200 NARADA. XIII, 43. 

ing utensils, and do not consult each other about 
their dealings, 

* 43. They are quite at liberty to perform, accord- 
ing to pleasure, all (such transactions as) the gift or 
sale of their own shares. They are (in fact) masters 
of their own wealth. 

*44. One born after partition shall receive his 
father's property exclusively. Or, if other sharers 
have reunited with the father, they shall come to a 
division (with the son born after partition). Such 
is the law. 

*45. The legitimate son of the body, the son 
begotten on a wife (Kshetra^a), the son of an 
(appointed) daughter, the son of a maiden, the son 
received with the wife, the son secretly born, 

*46. The son of a remarried woman, the son 
cast off, the adopted son, the son bought, the son 
made, and the son who has offered himself, are 
declared to be the twelve sons. 

*47. Among these, six are kinsmen and heirs, 
and six are not heirs (but) kinsmen. Each pre- 
ceding one is declared to be superior (to the one 

trading and the like acts. ' Working utensils,' such as household 
furniture, the separate possession of which is indicative of partition. 
The meaning is that, when they are separated thus, each may 
give, sell, or otherwise dispose of (his share). Mayukha, p. 51 
(transl. p. 76). 

44. Manu IX, 216; Ya^flavalkya II, 122; Gautama XXVIII, 
29 ; Vish«u XVII, 3. This text is not found in the Nepalese MS., 
nor is it commonly quoted in the Digests. 

45-47, 49. Manu IX, 158-184; Vishwu XV, 1-29; Vasish/Aa 
XVII, 12-39; Baudhayana II, 2, 3, 14-32; Ya^tffavalkya II, 

45, 46. Regarding the meaning of the technical terms in this 
text, see the corresponding portion of the Code of Manu, and the 
notes on them in Professor BUhler's translation. 

Digitized by 



following next), and each following one inferior (to 
the preceding one). 

[48. Where some doubt arises in regard to a 
house or field, the possession of which has suffered 
an interruption, (the doubt) may be removed by 
consulting a writing, or persons who know all about 
the enjoyment (of the property in question by its 
occupant), or witnesses.] 

*49. After their father's death, these (sons) shall 
succeed to his wealth in order. Whenever a 
superior son is wanting, the one next to him in rank 
is entitled to succession. 

* 50. On failure of a son, the daughter (succeeds), 
because she continues the lineage just like (a son) ; 
both a son and a daughter continue the lineage of 
their father. 

*5i. On failure of daughters, the Sakulyas (are 
to succeed) and (after them) the Bandhavas ; next, 
a member of the same caste. In default of all, that 
(wealth) goes to the king, 

48. This text, which comes in very awkwardly between pars. 47 
and 49, is apparently spurious, as has been pointed out long ago 
by Professor Biihler. It is not given in the Nepalese MS. 

50. <7imutavahana and other writers of the Bengal school restrict 
the daughter's right of succession, as declared in this text, to those 
daughters who are neither barren nor widowed. See Dayabhaga 
IV, 2, 10. However, there is nothing in the words of the original 
to warrant this restriction. Apastamba II, 6, 14, 4. 

51, 52. ManuIX, 185-189; Ya^nfavalkya II, 135, 136; VasishMa 
XVII, 81-84; Vishnu XVII, 4-14; Apastamba II, 6, 14, 2-5; 
Gautama XXVIII, 21, 41, 42. 

51. The term Sakulya is apparently used to denote the agnates, 
and Bindhava to denote the cognates. Therefore the last term sa^ati 
cannot be referred to blood-relationship at all, and must denote con- 
nexion by membership of the same caste. It is true that the com- 
mentators explain it as denoting descent from the same JRishi. 
See Colebrooke's Digest, V, 8, 448. 

Digitized by 


202 NARADA. XIII, 5a. 

* 52. Unless it should be the propertyof a Brahman. 
A king devoted to duty must allot a maintenance 
to his women. Thus has the law of inheritance 
been declared. 

Heinous Offences. 

* 1 . Whatever act is performed by force (sahas) 
by persons inflamed with (the pride of) strength, 
is called Sahasa (a heinous offence) ; sahas (force) 
means strength in this world. 

* 2. Manslaughter, robbery, an indecent assault 
on another man's wife, and the two species of insult, 
such are the four kinds of Heinous Offences. 

* 3. It is again declared to be threefold in* the 
law-books, viz. (heinous offences) of the first, middle- 
most, and highest degree. The definition of each 
kind shall be given as follows. 

* 4. Destroying, reviling, disfiguring or otherwise 

52. *His women,' i.e. the women of the deceased proprietor. 
V^tfanejvara, Nilaka»/Aa, and other commentators declare that 
the term strf, 'woman,' cannot denote the legitimate wives of a 
deceased heir, and must therefore mean his concubines. This in- 
terpretation has been called forth, no doubt, by the fact that, in the 
opinion of these commentators, the inheritance of one sonless 
belongs to the widow in the first instance, and does not go to 
others, where a legitimate widow is in existence. 

XIV, 1. The term Sahasa, literally ' violence,' is used to denote 
violent deeds or heinous offences of every sort. Manu VIII, 332 ; 
Ya^wavalkya II, 230. 

2. This text is omitted in the Nepalese MS. 

4. 'Destroying,' i.e. totally annihilating the fruits and other 
objects mentioned in this text. ' Reviling,' i. e. abusing, using bad 

Digitized by 


xiv, p. inheritance; heinous offences. 203 

(injuring) fruits, roots, water and the like, or agri- 
cultural utensils, is declared to be Sahasa of the 
first degree. 

* 5. (Injuring) in the same way clothes, cattle, 
food, drink, or household utensils, is declared to 
be Sahasa of the middlemost degree. 

* 6. Taking human life through poison, weapons 
or other (means of destruction), indecent assault on 
another man's wife, and whatever other (offences) 
encompassing life (may be imagined), is called Sa- 
hasa of the highest degree. 

* 7. The punishment to be inflicted for it must 
be proportionate to the heaviness of the crime, (so 
however as) not to be less than a hundred (Pawas) 
for Sahasa of the first degree, whereas for Sahasa 
of the middlemost degree the punishment is declared 
by persons acquainted with the law to be no less 
than five hundred (Pa«as). 

* 8. For Sahasa of the highest degree, a fine 
amounting to no less than a thousand (Pawas) is 
ordained. (Moreover) corporal punishment, con- 
fiscation of the entire property, banishment from the 
town and branding, as well as amputation of that 
limb (with which the crime has been committed), 
is declared to be the punishment for Sahasa of the 
highest degree. 

* 9. This gradation of punishments is ordained for 
every (caste) indiscriminately, excepting only corporal 
punishment in the case of a Brahman. A Brahman 
must not be subjected to corporal punishment. 

language. ' Disfiguring,' injuring so far only as to leave the form 
intact. Vtramitrodaya, p. 499. 

8, 9. The ambiguous term vadha in these two paragraphs is 


Digitized by 


204 NARADA. XIV, 10. 

* 10. Shaving his head, banishing him from the 
town, branding him on the forehead with a mark of 
the crime of which he has been convicted, and 
parading him on an ass, shall be his punishment. 

* 1 1. Those who have committed Sahasa of either 
of the two first degrees are allowed to mix in society, 
after having been punished, but if a man has com- 
mitted Sahasa of the highest degree, no one is 
allowed to speak to him, even when he has received 

* 1 2. Theft is a special kind of it. The difference 
between (Sahasa and theft) is as follows. Sahasa is 
where the criminal act consists of a forcible attack, 
theft is where it is done by fraud. 

* 1 3. That (theft) is again declared to be three- 
fold by the wise, according to the (value of the) 
articles (purloined), whether articles of small, mid- 
dling, or superior value have been stolen. 

* 14. Earchenware, a seat, a couch, bone, wood, 
leather, grass, and the like, legume, grain, and 
prepared food, these are termed articles of small 

*i5. Clothes made of other material than silk, 
cattle other than cows, and metals other than gold, 
are (termed) articles of middling value, and so are rice 
and barley. 

explained as denoting corporal punishment, and not execution, by 
the commentators. 

9, 10. Gautama XII, 46, 47 ; Vish«u V, 2-8 ; Ya^navalkya II, 
270; Manu VIII, 124, 379-380. 

1 2. ' A criminal act ' (MbiA), i. e. injuring another man's pro- 
perty; 'through a forcible attack,' i.e. violently, is called theft 
equivalent to Sahasa ; a criminal act done ' by fraud ' is called 
ordinary theft. Viramitrodaya, p. 490. Manu VIII, 332. 

13. Ya^wavalkya II, 275. 14. Manu VIII, 326-329. 

Digitized by 



*i6. Gold, precious stones, silk, women, men, 
cows, elephants, horses, and what belongs to a god, 
a Brahman, or a king, these are regarded as articles 
of superior value. 

17. Taking away by any means whatsoever the 
property of persons asleep, or disordered in their 
intellect, or intoxicated, is declared to be theft by 
the wise. 

18. Where stolen goods are found with a man, 
he may be presumed to be the thief. (The pos- 
session of) stolen goods may be inferred from a 
luxurious mode of life. Suspicion arises where a man 
is seen in bad company or indulges in extravagance. 

*i9. Those who give food or shelter to thieves 
seeking refuge with them, or who suffer them (to 
escape) though able (to arrest them), partake of their 
crime themselves. 

* 20. Those who do not come to offer assistance, 
when people are crying out (for help) within their 
hearing, or when property is being taken away, are 
likewise accomplices in the crime. 

* 21, That series of punishments, which has been 
ordained by the wise for the three kinds of Sahasa, 
is equally applicable to theft, according as it concerns 
one of the three species of articles in their order. 

22. When cows or other (animals) have been lost, 

16. See the Indian law of prescription, where the property of 
Brahmans and kings is declared to be exempt from the ordinary 
rules regarding limitation. Manu VIII, 323. 

18. Ya^wavalkya II, 266. 

19. Those who give food or any other assistance to a thief, or 
who suffer a thief to escape though able to seize him, have to be 
punished like thieves. Vivada&ntamani, p. 93. Manu IX, 278; 
Ya^wavalkya II, 276. / r 

20. Manu IX, 275. This text is omitted in the Nepalese MS. 

Digitized by 


206 nArada. XIV, 33. 

or when (other) property has been taken away 
forcibly, experienced men shall trace it from the 
place where it has been taken. 

23. Wherever the footmarks go to, whether it be 
a village, pasture ground or deserted spot (the 
inhabitants or owners of) that place must make 
good the loss, unless they can prove the footmarks 
to go out of that place again. 

24. When the footmarks are obscured or in- 
terrupted, because (they lead to) broken ground or 
to a spot much frequented by other people, the 
nearest village or pasture ground shall be made 

25. Where two persons have gone the same road, 
the offence, as a rule, shall be imputed to him who 
stood charged with other crimes before, or who 
associates with suspicious characters. 

26. Aa»<&las, executioners, and other such per- 
sons, as well as those who are in the habit of 
roaming at night, shall institute a search (after the 
thieves) in the villages ; those living outside (of 
inhabited places) shall search (for them) outside. 

27. When the thieves are not caught, the king 
must make good (the loss) from his own treasury. 
By showing himself remiss (towards criminals), he 
would incur sin and would offend both against justice 
and his own interest. 

23. Yag-navalkya II, 271. 24. Ya^Tiavalkya II, 272. 

26. Manu IX, 267. 

Digitized by 




Abuse and Assault. 

*i. Abusive speeches, couched in offensive and 
violent terms, regarding the native country, caste, 
family, and so forth (of a man), are termed Abuse, 
(a title of law.) 

* 2. It is divided into three species, called re- 
spectively Nish/^ura, A^lila, and Tlvra. The punish- 
ment for each increases in severity according as the 
insult is of a more (or less) serious nature. 

* 3. Abuse combined with reproaches has to be 
regarded as NishMura ; abuse couched in insulting 
language is Adila ; charging one with an offence 
causing expulsion from caste is called Tlvra by the 

* 4. Hurting the limbs of another person with a 
hand, foot, weapon or otherwise, or defiling him 

XV, XVI, 1. Thus, e.g. when a man says, ' The Gaurfas (Bengalis) 
are quarrelsome,' he abuses another man's native country. When a 
man says, ' Brahmans are very avaricious,' he abuses another man's 
caste. When he says,' The Vuvimitras are a ferocious race,' he abuses 
another man's family. The clause ' and so forth ' is added, in order 
to include abusive speeches levelled against learned men, artizans, 
or the like persons, whose learning or art has been abused. ' Violent 
terms,' i.e. terms which ought never to be used. Mitakshard, 
p. 285 ; Viramiirodaya, p. 482. 

3. ' Abuse combined with reproaches ' is when e. g. a man says, 
' What a fool,' or ' What a rascal.' ' Abuse couched in insulting 
language ' is when a man says, ' I will visit your sister,' or the like. 
'Charging one with a mortal sin causing expulsion from caste,' 
such as e. g. the drinking of spirituous liquor. See loc. cit. 

Digitized by 


208 nArada. XV, XVI, s. 

with ashes or other (impure substances), is termed 

* 5. There are three species of that also, as it 
may be either light, or of a middling sort, or heavy, 
according as it consists in the raising (of a hand 
or weapon for the purpose of striking a blow), or in 
an unexpected attack, or in striking a wound. 

*6. Stealing articles of small, middling, or su- 
perior value, is called the three kinds of Sahasa ; 
there the thorny weeds (sinners) should be extirpated. 

* 7. In both kinds (of insult) five cases are dis- 
tinguished, when the respective innocence or guilt 
of the two parties has to be established. 

* 8. When two parties have been guilty of insult, 
and both have commenced to quarrel at the same 
time, they shall suffer the same punishment, in case 
that no difference (in their respective culpability) 
becomes apparent. 

* 9. He who is the first to offer an insult is 
decidedly criminal ; he who returns the insult is 
likewise culpable ; but the one who began shall 
suffer the heavier punishment (of the two). 

6. The above translation of this paragraph follows the reading of 
the MSS. If that reading be correct, this paragraph contains a rule 
relating to the subject of theft or Sahasa. The quotations have a 
different reading, under which this paragraph has to be closely 
connected with the preceding one, and has to be referred equally to 
the three degrees of assault. 

7. The Nepalese MS. and the commentaries insert the following 
paragraph here : * ' When an insult has occurred between two men 
engaged in a violent quarrel, he who suffers the insult patiently is 
Struck, but the offender is punishable.' 

8-10. The one who has first commenced a quarrel shall receive 
the heavier punishment of the two. That man is liable to punishment 
who persists in hostility. When it is impossible to ascertain any 

Digitized by 



* 10. When both parties are implicated equally, 
he of the two shall receive punishment who follows 
up his attack, whether he was (originally) the 
aggressor or the defendant. 

*n. If a 6Vapaka, Meda, /Candida., cripple, one 
who gains his substance by killing (animals), an 
elephant-driver, one deprived of his caste for non- 
performance of the ceremony of initiation, a slave, 
or one who treats a Guru or spiritual teacher with 

* 1 2. Should offend a superior, he shall be punished 
by whipping him on the spot. Nor do the sages 
regard bodily injury done to a man of this stamp 
as (an offence equal to) theft. 

*I3. Should any such low person, abhorred by 
men, insult another man (his superior), that man 
himself shall punish him. The king has nothing to 
do with the penalty (to be inflicted on him). 

* 14. For these people are the refuse of human 
society, and their property is (likewise) impure. The 
king also is at liberty to whip them, but he must not 
amerce them with a fine. 

15. A Kshatriya who reviles a Brahman must 

difference in the culpability of the two parties, their punishment shall 
be equal. Viramitrodaya, p. 472. Read purvam. 

11. Svapaka, literally ' dog-cooking,' is the name of a particular 
degraded tribe, whose only office is to act as public executioners. 
Meda is the name of another mixed caste. .Xa»<&Ias are the 
lowest caste of all, see XII, 113. The Nepalese MS. and the 
commentaries read sham/Aa, ' a eunuch,' instead of Meda. 

12-14. When a .SVapaka or the like should have insulted an 
Arya or member of the three higher castes, honourable men shall 
be entitled to punish them in person. When the (honourable men) 
are unable to do so, the king shall punish them ; but he must not 
confiscate their property. Viramitrodaya, p. 472. 

15-17. Nearly identical with Manu VIII, 2^3 

[33] P 

210 nArada. XV, XVI, 1(5. 

pay one hundred (Pa»as) as a fine. A VaLrya (must 
pay) one and a half hundred, or two hundred. A 
.Sudra deserves corporal punishment. 

1 6. A Brahman shall be fined fifty (Pa»as) for 
calumniating a Kshatriya ; in the case of a Vai^ya, 
the fine shall be half of fifty (i.e. twenty-five); 
in the case of a .Sudra, (it shall amount to) twelve 

17. When a twice-born man offends against a 
member of his own caste, (he shall pay) twelve 
(Pa«as as a fine). When he utters calumnies which 
ought never to be uttered, the fine shall be twice 
as high. 

18. Even he who in accordance with fact (con- 
temptuously) calls another man one-eyed, lame, or 
the like (names), shall be fined by the king not less 
than one Karshapawa. 

1 9. One must not tax with his offence a man who 
has done penance according to law, or who has re- 
ceived due punishment from the king. By transgress- 
ing this rule one becomes liable to punishment 

20. Two persons, a Brahman and a king, are de- 
clared to be exempt from censure and corporal 
punishment in this world ; for these two sustain the 
visible world. 

*2i. One who calls an outcast an outcast, or a 
thief a thief, is equally criminal with those whom he 
taxes (with their offence). (If he reproaches them) 
without reason, he is twice as guilty as they are. 

1 7. According to the commentators of Manu, the term ' calumnies 
which ought never to be uttered ' has to be referred to insinuations 
against the honour of a man's mother, sisters, or other female 
relatives. See Professor Bauer's note on Manu VIII, 369. 

18. Manu VIII, 274; Ya^wavalkya II, 204. 

Digitized by 



22. A once-born man (or vSttdra), who insults 
members of a twice-born caste with gross invectives, 
shall have his tongue cut out ; for he is of low origin. 

23. If he refers to their name or caste in terms indi- 
cating contempt, an iron rod, ten Angulas long, shall 
be thrust red-hot into his mouth. 

24. If he is insolent enough to give lessons re- 
garding their duty to Brahmans, the king shall order 
hot oil to be poured into his mouth and ears. 

*25. With whatever limb a man of low caste 
offends against a Brahman, that very limb of his 
shall be cut off; such shall be the atonement for 
his crime. 

26. A low-born man, who tries to place himself on 
the same seat with his superior in caste, shall be 
branded on his hip and banished, or (the king) shall 
cause his backside to be gashed. 

27. If through arrogance he spits (on a superior), 
the king shall cause both his lips to be cut off ; if he 
makes water (on him), the penis ; if he breaks wind 
(against him), the buttocks. 

28. If he pulls (a superior) by the hair, (the king) 
shall unhesitatingly cause his hands to be cut off, 
likewise (if he seizes him) by the feet, beard, neck, 
or scrotum. 

29. If a man breaks the skin (of his equal) or 

22. 'He is of low origin,' because the Sudra caste has been pro- 
duced from Brahman's feet. Identical with Manu VIII, 270. 

23. Nearly identical with Manu VIII, 271. 

24. Nearly identical with Manu VIII, 272. 

25. Nearly identical with Manu VIII, 279. 

26. 27. Nearly identical with Manu VIII, 281, 282. In para- 
graph 27 the Nepalese MS. has 'the nose' instead of 'the beard.' 

28. Identical with Manu VIII, 283. 

39. According to the majority of the commentators of Manu, 

P 2 

Digitized by 


212 nArada. XV, XVI, 30. 

fetches blood (from him), he shall be fined a hun- 
dred (Pa«as) ; if he cuts the flesh, six Nishkas ; if 
he breaks a bone, he shall be banished. 

*30. If a man censures a king devoted to the 
discharge of his duties, he shall have his tongue cut 
out or his entire property confiscated, as an atone- 
ment for such crime. 

*3i. When an evil-minded man assails a wicked 
king even, he shall be (fastened) on a stake and 
burnt in fire ; (for he is) more criminal than one who 
has committed a hundred times the crime of killing 
a Brahman. 

*32. A father is not liable to be punished for an 
offence committed by his son ; nor is the owner of 
a horse, dog, or monkey (responsible for any damage 
caused by one of these animals), unless he should 
have set them to do it. 


*i. Dishonest gambling with dice, small slices of 
leather, little staves of ivory, or other (games), and 
betting on birds, form (the subject of ) a title of law 
called (Gambling with Dice and Betting on Animals). 

* 2. The master of the gaming-house shall arrange 

this rule has reference to an equal in caste. Nearly identical with 
Manu VIII, 284. 

XVII, i. The translation is according to the Vlramitrodaya. 
The subject of bets on animals is treated at great length in the 
Dhammathats of Burma, which are based on the law-codes of 
India. 'Other games,' such as e.g. JTaturahga (Shatra^, the 
Indian chess). ' Birds/ such as pigeons, also bets on professional 
wrestlers, rams, &c. Vlramitrodaya, p. 718. Manu IX, 223. 

2. 'He shall pay the stakes which have been won,' i.e. to the 

Digitized by 



the game and pay the stakes which have been won ; 
the profit of such a conductor of games shall amount 
to ten per cent. 

3. When the dice on being thrown fall twice in a 
game at dice, those acquainted with (playing at) dice 
allot the victory to the adversary and the defeat to 
the gambler. 

4. When a dispute has arisen among gamblers, 
let (other) gamblers be appealed to ; they shall act 
both as judges and as witnesses in a dispute of this 

5. No gambler shall ever enter into another gam- 
ing-house before having paid his debt ; he must not 
disobey the master of the gaming-house, and must 
pay of his own accord what he owes to him. 

*6. Wicked men who play with false dice shall be 
driven out of the gaming-house, after a wreath of 
dice has been hung round their necks ; for that is 
the punishment ordained for them. 

7. If a man gambles with dice, without authoriza- 
tion from the king, he shall not get his stake, and 
shall have to pay a fine. 

* 8. Or let the gamblers pay to the king the share 

winning party. That portion which has to be paid to the king 
(see paragraph 8) may also be held to be included in this rule, as 
Brthaspati says : ' Let the master of the gaming-house collect the 
stakes and pay his due to the winning party and to the king.' 
Apastamba II, 10, 25, 12, 13; Yi^wavalkya II, 199, 200. 

3. The rendering of the first portion of this paragraph is con- 
jectural. It might also be translated as follows: ' When the dice 
on being thrown fall twice repeated,' i. e. when the number is twice 
as high as at the preceding throw. 

4. Ya^wavalkya II, 202. 6. Ya^navalkya II, 202. 

7, 8. YS^wavalkya II, 201, 203. Paragraphs 7 and 8 are omitted 
in the Nepalese MS. 

Digitized by 


214 nArada. XVIII, I. 

due to him and play in public, thus no wrong will be 


*i. Under the head of Miscellaneous (Disputes) 
are comprised lawsuits depending on the king, (such 
as) transgression of the king's commandments and 
obedience towards his injunctions, 

* 2. Grants of towns, the division of the constituent 
elements of a state, the duties and the reverse of 
heretics, followers of the Veda, corporations (of mer- 
chants), and assemblages (of kinsmen). 

* 3. Disputes between father and son, neglect of 
(prescribed) penances, abstraction of gifts (made to 
worthy persons), the wrath of anchorites, 

* 4. Sinful confusion of castes, the rules regarding 
their means of subsistence, and (in short) whatever 

XVIII, 1-4. The meagre contents of this title of law can hardly 
be said to be in keeping with the somewhat pompous announce- 
ment contained in paragraphs 1-4. On the whole, this title of 
Miscellanies, as denned by Nirada and Bnhaspati, may be de- 
scribed as treating of public law or the law of kings (ra^adharma), 
private law being treated in the seventeen other titles of law. 

1. 'Obedience towards his injunctions/ thus according to the 
MitdksharS, p. 351. The Viramitrodaya refers the term tatkarma- 
karawam to those who, from arrogance, do such acts as are per- 
mitted to a king only, such as e. g. placing themselves on the 
king's throne. 

2. 'Grants of towns,' i.e. to Brahmans and others. NSrada 
seems to be referring to the so-called AgraMras. Regarding the 
seven constituent parts of a state, see Manu VII, 157; IX, 294. 
Naigama has been translated ' followers of the Veda,' because it 
comes immediately after p&shawfi, 'heretics.' See, too, X, 1. It 
usually denotes citizens or traders. 

Digitized by 



has been omitted in the preceding (titles of law), are 
treated under the head of Miscellaneous. 

5. The king shall be careful to protect all orders 
and the constituent elements of his state with the 
four means indicated by science. 

6. When any caste should remain (behind the rest) 
or exceed the limits (assigned to it, the king), seeing 
that it has strayed from its path, shall bring it back 
to the path (of duty). 

7. So also, when other wicked acts, opposed to 
the dictates of the sacred law, have been committed, 
the king, after having reflected (upon the matter) him- 
self, shall inflict punishment on those who deserve it. 

8. What is opposed to revealed and traditional 
law, or injurious to living beings, must not be prac- 
tised by the king; and when it is practised (by 
others), he must check it. 

*q. When an act contrary to justice has been un- 
dertaken by a former king from folly, he must redress 
that iniquitous enactment in accordance with the 
principles of equity. 

* 10. The weapons of soldiers, the tools of artizans, 
the ornaments of public women, the various musical 
or other instruments of professional (musicians, or 
other artists, &c), 

* 1 1. And any implements by which artificers gain 

5. ' The four means ' of conciliation, division, bribery, and force. 
ManuVIII, 41. 

6. YSjffiavalkya I, 360. The Nepalese MS. offers a variation as 
regards the arrangement of paragraphs 6-1 1. 

7. Manu VII, 16; VIII, 126; Ya^wavalkya I, 367; VasishAia 
XIX, 8; Vish»u III, 37. 

10. For 'the tools of artizans' the Nepalese MS., in common 
with the Mitakshaii, has 'the beasts of burden and the like of 
carriers of goods.' 

Digitized by 


2l6 NARADA. XVIII, ia. 

their substance, must not be laid hold on by the king, 
even when he confiscates the entire property (of a 
man or woman). 

12. It is not permitted to either advise or rebuke 
a king or Brahman, on account of their dignity and 
sanctity, unless they should swerve from the path 
(of duty). 

1 3. That wicked man who does not act up to the 
laws proclaimed by the king, shall be fined and cor- 
porally punished, as offending against the king's 

14. If the king were remiss in dictating punish- 
ments to (members of) any caste, when they have 
left the path (of duty), the created beings of this 
world would perish. 

1 5. Brahmans would leave the sacerdotal caste, and 
Kshatriyas would forsake the Kshatriya caste. The 
stronger would eat up the weaker, like fish on a spit. 

16. The Vaisyas would abandon their work, and 
the kSudras eclipse all (the rest), if the kings did not 
visit their subjects with punishment (when they have 
committed an offence). 

1 7. To show favour to the virtuous at all times 
and to oppress the wicked, that is declared to be the 
duty of kings ; gain (results to them) from the op- 
pression of their foes. 

18. As fire is not polluted even though it always 
burns the creatures of this world, even so a king is 
not polluted by inflicting punishment on those who 
deserve it. 

19. Intelligence is the glory of rulers ; it becomes 

14, 15. Maim VII, 20. 16. Manu VII, 21, 24. 

19. For 'intelligence' the Nepalese MS. has 'a royal edict.' 

Digitized by 



manifest in their speeches ; whatever sentence they 
may pass, whether unjust or just, settles the law 
between litigant parties. 

20. (Law) personified as a king, roams on earth 
visibly, with a thousand eyes. Mortals cannot live 
at all if they transgress his commandments. 

2 1. Whatever a king does is right, that is a settled 
rule ; because the protection of the world is entrusted 
to him, and on account of his majesty and benignity 
towards living creatures. 

22. As a husband though feeble must be con- 
stantly worshipped by his wives, in the same way 
a ruler though worthless must be (constantly) wor- 
shipped by his subjects. 

23. In order that mortals, fearing the orders 
issued by kings, might not swerve from the path of 
duty, therefore royal orders are declared to arise 
from lawsuits. 

24. It is for the establishment of order that 
various laws (^aritra) have been proclaimed by 
kings. A royal order is declared to overrule such 
laws even. 

25. A ruler has purchased his subjects through 
(the practice of) austerities; therefore the king is 
their lord. For that reason, his bidding must be 
obeyed; their livelihood even depends on the 

26. Kings, endowed with immense power, appear 
(variously) in the five different forms of Agni, Indra, 
Soma, Yama, and the God of Riches. 

24. Aaritra seems to mean 'law' or 'custom' in this place. 
Regarding the comparative authority of Aaritra and ra^asasana, 
'a royal order,' see p. 7, note. The Nepalese MS. omits 23, 24. 

26. Read rupawi in the text. 

Digitized by 


2l8 NARAD A. XVIIT, 27. 

27. When a ruler is, either justly or without (suf- 
ficient) reason, ardent in wrath and burns (or tor- 
ments) his subjects, he is called Agni (the god of 

28. When, relying on his regal power, the king 
attacks his foes, desirous of victory and upraising a 
weapon, he is termed Indra. 

29. When, free from ardent wrath, he appears 
before his subjects with a cheerful countenance, he 
is denoted Soma (the Moon). 

30. When the king having seated himself, full of 
majesty, on the throne of judgment, deals out punish- 
ment, equitable towards all creatures, he is called 
Vaivasvata (or Yama). 

31. When a ruler gladdens with gifts petitioners, 
persons commanding respect, wise men, servants 
and others, he is called the God of Riches. 

32. Therefore one must not treat him with con- 
tempt, and, particularly, not scold at him, and pay 
obedience to his bidding; to disobey him would 
bring on (instantaneous) death. 

33. His duties are, the protection of his subjects, 
honouring the aged and wise, the trial of lawsuits, 
and to make (each caste) abide by the duties as- 
signed to it. 

34. Let a king be constantly intent on showing 
honour to the Brahmans. A field furnished with 
Brahmans is the root of the prosperity of the world. 

35. A Brahman may command respect, and a 

27. Manu IX, 310. 28. Manu IX, 304. 

29. Manu IX, 309. 30. Manu IX, 307. 

33. Manu VII, 35, 38; VIII, 3, &c. 

34. Manu VII, 82, 83; Ya£#avalkya I, 314. 

35. Manu VII, 37. 

Digitized by 


XVm, 38. MISCELLANEOUS. 2 1 9 

distinguished seat at the king's court. The king 
shall show his face in the morning before the Brah- 
mans first of all, and shall salute them all. 

36. When nine or seven persons (of different 
rank) meet, they shall first make room for the 
Brahman to pass by. (Further privileges assigned 
to the Brahman caste are) free access to the houses 
of other people, for the purpose of begging alms, 

37. The right to collect fuel, flowers, water, and 
the like, without its being regarded as theft, and to 
converse with other men's wives, without being 
restrained (in such intercourse) by others, 

38. And the right to cross rivers without paying 
any fare, and to be conveyed (to the other bank) 
before other people. When engaged in trading 
and using a ferry-boat, they shall have to pay 
no toll. 

36. That privilege of the Brahman caste, which is referred to in 
the first part of this paragraph, finds its explanation in a well- 
known rule of the Dharmarastra regarding persons for whom way 
must be made, on meeting them in a road. Thus it is ruled by 
Gautama (VI, 24) that way must be made for a man seated in a 
carriage, for one who is in his tenth (decade), for one requiring 
consideration, for a woman, for a Snataka, and for a king ; but 
that a king himself must make way for a .Srotriya (learned Brahman). 
This makes in all seven persons for whom way should be made. 
Manu (II, 138), YSgtfavalkya (I, 117), Baudhayana (II, 6, 30), 
and Vishwu (LXIII, 51) agree in enumerating eight persons of this 
sort. Vasish/Aa (XIV, 57-60) mentions nine. See, too, Apas- 
tamba II, 5, 11, 5-7. 

37. Manu VIII, 339; Apastamba I, 10, 28, 3; Gautama XII, 
28; Ya^favalkya II, 166. 

38. Manu VIII, 407; Vish»u V, 132. The last clause is thus 
given in the Nepalese MS.: 'They shall have to pay no toll on 
being carried across a river in a ferry, unless (they should cross it) 
for trading purposes.' 

Digitized by 


220 NARADA. XVHI.39. 

39. A Brahman engaged in travelling, who is 
tired and has nothing to eat, commits no wrong by 
taking himself two canes of sugar or two esculent 

40. (No gift must be accepted) from one accused 
of a crime, an outcast, an enemy, an atheist, one in 
distress, without necessity, or after inflicting pain on 
the giver. 

41. (Gifts shall be accepted) from industrious 
people on account of their wealth, and from generous 
people because it is proper to accept gifts from such ; 
to accept gifts from kings is laudable ; (they may 
be accepted) from all people excepting Brahmans. 

42. Between a Brahman and a king, who are both 
devoted to their duty, there is no difference of any 
sort, when they protect mankind (acting) in accord- 
ance with the sacred law. 

43. If a ruler, though severe, is mindful of his 
duty, correct in his conduct, and (quick to) punish 
the wicked, in order to protect (the virtuous), his 
wealth is declared to be pure. 

44. When a man accepts a gift from a covetous 
king, who transgresses the precepts of the sacred 
books, he shall have to pass through the well-known 
twenty-one hells in succession. 

45. As pure and impure waters become alike on 
their junction in the ocean, even so (all) property 
acquired by a king (becomes pure in his hands). 

39. Gautama XII, 49, 50; Manu VIII, 341. Or ' five esculent 
roots,' according to the Nepalese MS. 

40. Manu II, 185. 

44. For a list of the twenty-one hells, see Manu IV, 88-90 ; 
Vishmi XLIII, 1-22. The Nepalese MS. omits this paragraph. 

45. A different opinion has been enounced above, XV, 14. 

Digitized by 



46. As gold, on being thrown into blazing fire, 
acquires purity, even so all gains become pure in 
the hands of kings. 

47. When any man gives any property of his to 
Brahmans, the king must give his consent to it; 
this is an eternal law. 

48. Both the other customary receipts of a king 
and what is called the sixth of the produce of the 
soil, form the royal revenue, the reward (of a king) 
for the protection of his subjects. 

49. Whatever has been bestowed on others than 
Brahmans may be resumed; but that which has been 
given to Brahmans can never be taken back again. 

50. To give, to read, and to sacrifice (on his own 
account) are the three duties of a Brahman. To 
sacrifice for others, to teach, and, thirdly, to collect 
alms are his (three) means of subsistence. 

51. Let a Brahman be devoted to his duty and 
take a livelihood from the king, and let him not 
accept gifts from persons of vile origin, if he is 
anxious to observe the law. 

52. How should a king be inferior to a deity, 
as it is through his word that an offender may 
become innocent, and an innocent man an offender 
in due course ? 

53. Those who being acquainted with the divine 
nature of a king, endowed with majestic dignity as 
he is, accept gifts from him, do not in the least 
disgrace themselves (by doing so). 

54. In this world, there are eight sacred objects : 

48. Manu VII, 130-132; Gautama X, 24-27; Vasish/Aa XIX, 
26, 27 ; Apastamba II, 10, 26, 9 ; Vishmi III, 22-25 ; Baudhayana 
I, 10, 18, 1. 

50. Manu I, 88, &c. 

Digitized by 


222 nArada. 

a Brahman, a cow, fire, gold, clarified butter, the 
sun, the waters, and a king as the eighth. 

55. These one must always look up to, worship 
and honour them personally, and turn the right side 
towards them, in order that one's existence may 
be prolonged. 

Digitized by 



Theft \ 

i. Two kinds of robbers who steal the goods 
of others have to be distinguished, the one kind 
open, and the other kind concealed. Let a prudent 
king try to find them out. 

*2. Open rogues are those who forge measures 
and weights, receivers of bribes, robbers, gamblers, 
public prostitutes, 

*3. Those who walk in disguise, those who live by 
teaching the performance of auspicious ceremonies, 
these and such like persons are considered open 

*4. Rogues acting in secret are those who roam 
in the wood, or lie concealed, as well as those who 
make a profession of stealing. They attack and rob 
(those who do not beware of them). 

5. Those who infest a country, a village, or a 
house, or disturb a sacrificial act, cut-purses, and 

1 This section is found in the Nepalese MS. only. See Intro- 
duction. The reading of several passages is uncertain, and this 
circumstance, taken together with the want of a Commentary, ren- 
ders my translation less reliable than could be desired. 

Appendix. Theft. 1-4. Manu IX, 256-260. The technical 
terms have been translated in accordance with the glosses of 
Manu's commentators, as given in the notes to Professor Btthler's 
translation. In par. 4, mushyixn seems to stand for mush/vd/n. 

Digitized by 


224 NARADA. 

other persons of this sort have to be considered 
as concealed rogues also. 

*6. Blameless persons with whom the stolen goods 
are not found must not be chastised as robbers by 
the king ; but let him quickly punish those robbers 
as guilty of theft with whom the stolen goods have 
been found. 

*7. Those (rogues) who ravage in their own 
country, and those who disturb sacrificial acts, he 
shall strip of their entire wealth and rebuke them 

*8. Those on whom the stolen goods have not 
been seized he must examine, when they have been 
arrested from suspicion. Their fear having been 
excited, they will give evidence, through anxiety, in 
accordance with the facts of the case. 

*9. Questions shall be proposed to them anti- 
thetically with regard to place, time, region, their 
caste, their name, their dwelling, and their occupa- 
tion, in case they happen to be workmen. 

*io. When the face changes colour or the voice 
falters, or the features look suspicious, when they do 
not give evidence in public, when they make impos- 
sible statements as to place and time, when there 
exists a doubt as to their place of residence, 

*n. When they indulge in expense for bad pur- 
poses, when they have been previously convicted 
of larceny, when they keep bad company, or when 
documents speak against them, (by all such circum- 

9. ' Antithetically ' (vinigrahe), or ' when they have been arrested.' 
10, 1 1. A somewhat analogous description of the signs by which 

a false witness may be found out, has been given previously: 

!> r93-!9 6 - 

Digitized by 


17. THEFT. 2 25 

stances) they may be discovered (to be thieves), not 
by the possession of the stolen goods alone. 

*I2. When a ruffian or robber becomes suspected, 
and (the judge) has found out circumstantial evidence 
(which speaks against him), he shall be caused to 
make an oath. 

*i3. Those who give food to thieves, as well as 
those who supply them with fire or water, or who 
give shelter, or show the way to them, or make their 

*I4. Or who buy their goods, or receive (their 
goods), are held to be equally punishable as they, 
and so are those who conceal them. 

1 5. Those who in a principality are the governors 
of that principality, and the neighbours called in 
(to watch over the safety of life and property) are 
(reckoned as) equal to thieves, when they stand 
neutral during the attack (of robbers). 

*i6. He on whose ground a robbery has been 
committed, must trace the thieves to the best of his 
power, or else he must make good what has been 
stolen, unless the footmarks can be traced from that 
ground (into another man's ground). 

•17. When the footmarks, after leaving that 
ground, are lost and cannot be traced any further, the 
neighbours, inspectors of the road, and governors of 
that region shall be made responsible for the loss. 

1 2. The term lesz has been rendered by ' circumstantial evidence,' 
because it seems to be synonymous with yuktil&ra, I, 236. 
13, 14. Manu IX, 271, 278. 

15. Nearly identical with Manu IX, 272. 

16. The term go/Jara, translated 'ground,' may denote the 
landed property or pasture ground of a whole village. See above, 
XIV, 22, 23. 

17. See XIV, 24. 

[33] Q 

Digitized by 


226 NARADA. 18. 

i 8. When a house has been plundered, the king 
shall cause the thief-catchers, the guards, and the in- 
habitants of that kingdom to make good the loss, 
when the thief is not caught 

19. Or, if he is a wicked man and there exists a 
doubt as to (whether) the robbery (was actually com- 
mitted or not), the person (alleged to have been) 
robbed shall be caused to make an oath regarding 
the robbery, to clear himself (from suspicion). 

20. When another person than the thief has been 
accused of robbery and has been declared thief, be- 
cause he is unable to prove his innocence, he shall 
be paid twice as much (as has been stolen), after the 
(real) thief has been detected. 

21. When a man has obtained property stolen by 
a thief, he must restore it in its pristine shape ; if it be 
no longer in existence, he must make good its value, 
and must be made to pay a fine to the same amount 

*22. For stealing wood, cane, grass and the like, 
(utensils) made of clay, bamboo, utensils made of 
bamboo, rattan, bone, leather, 

*23. Vegetables, green roots, grass or flowers, 
cow-milk, molasses, salt, or oil, 

*24. Cooked food (and other) prepared food, 
spirituous liquor, flesh, and every sort of objects of 
small value — (for stealing any of these) a fine five 
times the value (of the article stolen should be paid). 

*25. (For stealing) any articles sold by weight or 
measure or tale, the fine shall be eight times their 
amount, in case they are very valuable. 

19. The senseless reading of the MS.,d&pyaka tesham,has been 
conjecturally altered into doshakartaisha. 

22-24. ManuVIII, 326-329. 25. Manu VIII, 321. 

Digitized by 


31- THEFT. 227 

26. Corporal punishment (or death) shall be in- 
flicted on him who steals more than ten Kumbhas of 
grain ; where the amount is less, he shall be made 
to pay eleven times as much. Thus Manu has 

*27. (For stealing) more than a hundred (Palas 
worth) of gold, silver, or other (precious metals), or 
the finest clothes, or very precious gems, corporal 
punishment (or death shall be inflicted). 

28. He who steals a man shall have to pay the 
highest fine; he who steals a woman (shall be 
stripped) of his entire wealth ; and he who steals a 
maiden (shall suffer) corporal punishment. 

*29. On him who forcibly seizes large domestic 
animals, the highest fine shall be inflicted ; the 
middlemost amercement on him who takes cattle of 
middle size ; and the smallest fine on him who steals 
small cattle. 

30. The first (or lowest) fine to be inflicted on a 
guilty person shall amount to neither more nor less 
than twenty-four (Pa«as). The middlemost fine shall 
consist of not more than four hundred, and not less 
than two hundred (Pa«as). 

31. The highest fine should be known to consist 
of not more than a thousand, and not less than five 
hundred (Pa«as). This is the threefold gradation of 
punishment, which has been proposed by the Self- 
Existent for robberies. 

26. Manu VIII, 320. 27,28. Manu VIII, 321, 323. 

29. Manu VIII, 325. 

30, 31. The reading of these two paragraphs is quite uncertain. 
The rules laid down here apparently differ considerably from the 
analogous rules of Manu (VIII, 158) and other legislators. 

Q 2 

Digitized by 


228 nArada. 33. 

*32. (When the offence has been committed) for 
the first time, cut-purses shall have their (little) finger 
and thumb cut off. (When it has been committed) 
for the second time, the first fine shall be levied on 

*33. For (stealing) cows belonging to a Brahman, 
for piercing (the nostrils of) a barren cow, and for 
stealing a female slave, (the thief) shall in every 
case lose half his feet. 

34. With whatever limb a thief acts among men, 
that very (limb) shall be taken from him, this is a law 
enacted by Manu. 

35. Let him inflict a specially heavy punishment 
on a specially criminal thief, or (a lighter one) on one 
whose offence is less heavy. But let him not (punish 
an habitual thief) in the same way as for the first 

36. Manu, the son of the Self-Existent, has declared 
ten places of punishment, which should be (selected) 
in (punishing members of the) three (lower) castes ; 
a Brahman should remain uninjured always. 

37. (Those places are) the privy parts, the belly, 
the tongue, the two hands, and, fifthly, the two feet ; 
as well as the eye, the nose, the two ears, the pro- 
perty, and the body. 

32. Manu IX, 277. 

33. The parallel passage of Manu (VIII, 325) shows that sthu- 
liyis Medanaw is the correct reading. For the three different 
explanations of this term, which have been proposed by the com- 
mentators of Many, see the note to Professor BUhler's translation. 
The translation follows the interpretation proposed by Kulluka, 
Govindara^a, and Raghavananda, which appears to be preferable 
to the others. 

34. Nearly identical with Manu VIII, 334. 

36, 37. Nearly identical with Manu VIII, 124, 125. 

Digitized by 



38. After carefully considering the (nature of 
the) offence, the place and time, and after examining 
the ability (of the offender), and the motive (by which 
he was actuated), he shall inflict these punishments. 

39. Neither for the purpose of gaining a friend (in 
him), nor for the acquisition of large wealth, must a 
wicked criminal be suffered to go free by the king. 
Thus Manu has declared. 

40. By pardoning an offender, a king commits 
the same offence as by punishing an innocent man. 
Religious merit accrues to him from punishing (the 

41. Let him not on any account kill a Brahman, 
though convicted of all possible crimes. He may at 
pleasure cause him to be banished, thus has the 
law been settled. 

42. Let the king take his entire wealth from him 
or leave him a fourth part of it (only he must not 
take his life), remembering the law promulgated by 
the Creator. This is just. 

43. For four offences of a Brahman, branding him 
is ordained (as punishment) : for violating the bed of 
a Guru, for drinking spirituous liquor, for theft, and 
for hurting another Brahman. 

* 44. For violating the bed of a Guru, (the brand 
of) a female part should be made ; for drinking 

38. Manu VIII, 126. 39. Manu VIII, 347. 

40. Nearly identical with Manu IX, 249. 

41. Manu VIII, 380. 

42. The third Pada of this paragraph has been conjecturally 
altered, as it cannot be made out in the MS. 

43. Manu IX, 236. 

44. 45. Manu IX, 237. The last PSda in paragraph 44 cannot 
be made out in the MS. 

Digitized by 


23O NARADA. 45. 

spirituous liquor, (the brand of) a liquor sign is 
ordained ; for theft, he shall make (the brand of) a 
dog's foot (on his forehead). 

45. The slayer of a Brahman shall have (the 
brand of) a headless man stamped on his forehead, 
and it is forbidden to speak to him. This is a law 
enacted by Manu. 

46. A thief must approach the king with flying 
hair, running, and proclaiming his theft (with the 
words) : ' Thus have I acted. Chastise me.' 

47. By so doing he is cleared from guilt, because 
he has confessed his deed ; the king, thereupon, 
shall touch him (with a club), or dismiss him, if he 
is innocent 

48. Those men who have received a punishment 
from the king for an offence committed by them, 
proceed to heaven, free from sin, as (if they were) 
virtuous men who had acted well. 

49. Whether he be punished or released, the thief 
is freed from his crime ; if, however, the king does 
not punish him, the crime committed by the thief 
falls on (the king) himself. 

50. Self-possessed men are corrected by their 
Guru; wicked men are corrected (or punished) by 
the king ; but those who have sinned in secret are 
corrected by Yama, the son of Vivasvat 

51. The crime of a .Sudra in theft is eightfold 
(that of a man of the lowest caste) ; of a Vaisya, 
sixteenfold ; and of a Kshatriya, thirty-twofold. 

46. Nearly identical with Manu VIII, 314. 

48. Identical with Manu VIII, 318. 

49. Nearly identical with Manu VIII, 316. 
51. Nearly identical with Manu VIII, 337. 

Digitized by 



52. Of a Brahman, sixty-fourfold; thus the son 
of the Self-Existent has declared. Knowledge 
makes a difference also. For knowing persons, (the 
punishment) is specially severe. 

*53. Punishment is pronounced to be twofold: 
corporal punishment and fines. Corporal punish- 
ment is again declared to be of ten sorts ; fines are 
(also) of more than one kind. 

*54. Fines begin with a Kaka»l, and the highest 
amount of a fine is one's entire property. Corporal 
punishment begins with confinement and ends with 
capital punishment. 

*55. ' Fines beginning with a Kaka*t ' are declared 
to amount to no less than one Masha. Those are 
called 'fines amounting to no less than a Masha' 
which amount to one Karshapa«a at most. 

*56. ' Fines beginning with no less than a Karsha- 
pa«a ' are those amounting to no less than four 
Karshapa«as; or which begin with two, and end 
with eight (Karshapa»as) ; or which begin with three, 
and end with twelve (Karshapa«as). 

* 57. A Karshapa«a is a silver coin in the southern 
country ; in the east, it is an equivalent for (a certain 
number of) Pawas, and is equal to twenty Pa»as. 

52. Manu VIII, 338. 

53. Manu VIII, 129. See too, above, paragraphs 36, 37. 

54. Kaka«i or Kakini is the name of a small coin. See par. 58. 
53-56. This passage is quoted in the Snv»ti£andrika, with 

several different readings. One of them, in par. 55, deserves 
special notice. For mashavaraA smataA (read smritsJi), the Smr/tii. 
reads mashaparaA smrrtaA, 'are declared to amount to no more 
than one Masha.' This is probably the correct reading. 

57. According to Manu (VIII, 136), the Karshapawa is a copper 
coin. The reading of the second half of this paragraph is quite 

Digitized by 


232 NARAD A. 58. 

* 58. A Masha should be known to be the twentieth 
part of a Karshapa#a. A Kaka»l is the fourth part 
of a Masha or Pala. 

59. By that appellation which is in general use in 
the region of the Punjaub, the value of a Karshapa»a 
is not circumscribed here. 

*6o. A Karshapa»a has to be taken as equal to 
an Awdfika ; four of these are a Dhanaka ; twelve of 
the latter are a Suvaraa, which is called Dlnara 

61. Let the king practise the duties of his office, 
and (follow) the rule of inflicting punishment, faithful 
to the tenets (of the sacred law). Let him destroy 
accordingly, as governor, the evil-doers, after having 
traced them by the application of cunning stratagems 
and arrested them. 

59. The term iha, ' here,' may be either referred to the place of 
residence of the author of the Narada-smrrti, or it may mean ' in 
this work.' 

60. An Andiki is elsewhere reckoned at four Yavas. In the 
Viramitrodaya and other works, this text is attributed to Brfliaspati. 
The coin called Dtnara is the Roman denarius. 

Digitized by 



I. Judicial Procedure. 

i, 2. He is called a (Praafvivaka or) chief judge 
who — fully acquainted with the eighteen titles (of 
law) and with the eight thousand subdivisions 
thereof, skilled in logic and other branches of 
science, and thoroughly versed in revealed and 
traditional lore — investigates the law relative to the 
case in hand by putting questions (pra/) and passing 
a decision (vive^ayati) according to what was heard 
or understood by him. 

3. Let not a king actuated by arrogance or avarice 
promote litigation among persons not engaged in a 

4. The king shall examine judicial quarrels between 
two litigant parties in a proper way, acting on prin- 
ciples of equity and discarding both love and hatred. 

5. (In disputes) among merchants, artizans, or the 
like persons, and in (disputes concerning) persons 
subsisting by agriculture or as dyers, it is impossible 
for outsiders to pass a sentence ; and the passing of 

I, 1, 2. Smr/'tLi. ash/Sdaxapaddbh^nas tadbhedtsh/asahasravit 1 
anvikshikyadikurala/4 jrutismr/'tiparaya»a£ ll vivadasa/n^ritam dhar- 
ma« yrikkhaii pri7 jrutaw matam I viveAayati yas tasm&t pr&rfvivSkas 
tu sa smrit&Au 

3. Vfram. p. 48. 

4. Vy. K. rt^ft dharmasahayas tu dvayor vivadam&nayoA sam- 
yak karyawy aveksheta r&gadveshavivaigita£ 11 

5. Vy.K.; May. p. 6 ('Vyasa'). 

Digitized by 



the sentence must, therefore, be entrusted to per- 
sons acquainted with such matters (in a cause of this 

6. A lawsuit cannot be instituted mutually between 
a teacher and his pupil, or between father and son, 
or man and wife, or master and servant. 

7. A plaint is declared (inadmissible) likewise by 
the learned in law, when it has been raised by one 
against many, or by women, or by menials. 

8; He shall be admitted as plaintiff whose griev- 
ance is the greater, or whose affair is the more 
important of the two, and not he who was the first 
to go to law. 

9. Half of the (ordinary) punishment is declared 
for him who either confesses his deed, after having 
committed an illicit act of violence, or says of his 
own accord, ' It is true.' 

1 o. When (an assessor of the court) has recognised 
the royal mind to swerve from the path of duty, he 
must not pronounce an opinion which is agreeable 
to the king. (It is only by declaring what is just 
that) he becomes free from sin. 

11. Transgression of (the king's) commands, kill- 
ing a female, mixture of castes, illicit intercourse 
with another man's wife, robbery, pregnancy caused 
by another man than the husband, 

6. Vy. K. ; Viram. p. 46 (' Br/haspati '). 

7. Vy. JT.; Viram. p. 47. 8. Vtram. p. 60. 

9. Smr»'ti£. ayukta;» sahasaw? kr/tva pratyapatti»i vra^et tu yafi 1 
bruyat svayaw va sad iti tasya Mrthadama/j smr/taA II 

10. Viram. p. 15. 'He must not pronounce an opinion which 
is agreeable to the king,' i. e. he must not endeavour to please him 
by what he declares, but must deliver an equitable opinion. By 
acting thus, he becomes free from sin. Viram. 

11, 12. Viram. p. 50. 

Digitized by 



12. Abuse, insulting language, assault, and pro- 
curing abortion, are the ten (principal) crimes. 

13. He who arrests (his adversary) by illegal 
means, such as by stopping his speech (through 
gagging the mouth), or by preventing him from 
breathing, and the like practices, is liable to punish- 
ment ; but one who breaks (such arrest) is not 
(punishable). - 

14. When a lawsuit has been judged without any 
previous examination of witnesses (or other evi- 
dence), or when it has been decided in an improper 
manner, or when it has been judged by unauthorized 
persons, the trial has to be renewed. 

1 5. Whatever property, whether movable or im- 
movable, has been kept (under the care of the judge, 
after having become the subject of a dispute), must 
be handed over afterwards to the victorious party 
together with the interest (accruing on it) and with 
a document (attesting his victory); 

II. The Plaint. 

1. The defects of a plaint have been declared as 
follows. (It is defective, if it) relates to the pro- 
perty of a stranger ; if it is without an object ; if it 
does not state any quantity ; if the mode of acquisi- 
tion is not referred to in it ; if too little or too much 
is written in it ; and if it is unmeaning. 

13. May. p. 2. See above, pp. 12-19. This text shows very 
clearly what is meant by the technical term ' arrest ' (Ssedha). 

14. Vy. K. asakshikaw tu yad drishfam vimargena £a trritam 1 
asammatamatair drish/zm punardarranam arhati ir 

15. Smrrti£. madhye yat sthapitam dravyam kalam va yadi va 
sthiram 1 pasi&t tat sodayam dapyam ^ayine pattrasawyutam 11 

II, 1-8. Vfram. pp. 65, 66. 

Digitized by 



2. That plaint is declared by the wise to ' relate 
to the property of a stranger ' in which joint pro- 
perty is referred to in a claim raised by one man 
alone who has no right to it, or without authorization 
from the other joint proprietors. 

3. A plaint is said to be 'without an object' when 
a man, actuated by hatred or anger, taxes another 
with the murder of a Brahman (or some other deadly 
sin) and revokes his own charge afterwards on being 
required to prove it. 

4. That plaint 'does not state any quantity' in 
which no figure is given with regard to a certain 
quantity, writing, measure, field, house, or other 

5. That plaint ' contains no reference to the mode 
of acquisition ' which does not say whether (the 
property in dispute) has been acquired by learning, 
or gained as profit (or interest), or purchased, or 
obtained by inheritance. 

6. ' Too little ' is said to be written in that plaint 
in which the year, month, fortnight, lunar day, and 
dayo f the week is not referred to. 

7. ' Too much ' may be said to be written in that 
plaint in which (the plaintiff) after having caused the 
plaint to be written goes on to mention the witnesses 
at once, without waiting for the answer (of the de- 
fendant) to be delivered. 

8. That plaint is declared to be 'unmeaning* 

2. That plaint is meant in which a stranger or one not authorized 
by his partners claims the property of a fellowship. Vtram. 

3. That plaint is said to be without an object which is dropped 
afterwards by the claimant himself. Vtram. 

7. ' Witnesses,' or evidence generally. Vtram. 

8. There is another reading, ubhayaw purvaw, under which the 

Digitized by 


II, 12. THE PLAINT. 237 

which is rendered unclear by the mode of writing 
(exhibited in it), though the claimant's previous 
statements be (duly) entered in it 

9. Let him avoid, as a mere semblance of a de- 
claration, (a plaint the tenour of) which is unnatural, 
not connected with an injury, senseless, purposeless, 
incapable of being proved, or at variance (with possi- 
bility, or with justice). 

10. That suit which is prohibited by the king, or 
opposed to the interests of the citizens, or of the 
whole kingdom, or of the constituent elements of 
the state, 

11. As well as (those suits) which are opposed to 
the interests of a town or village, or of eminent 
persons : all such suits are declared to be inadmis- 

12. A plaint in which several different subjects 
are mixed up together can have no effect. 

claimant is stated to have proffered both the accusation and the 
answer. Vlram. 

9. Vy. K. ; M. Macn. I, 4, 10 (uncertain). ' Unnatural,' such as 
e.g. That person has taken my rabbit's horn and refuses to restore 
it. 'Not connected with an injury,' as, That man is doing his 
business in his own house by the light of a lamp which is burning 
in mine. 'Senseless' (a number of syllables strung together), with- 
out any intelligible meaning, as, e.g. ka^a/apam or ^tu/adagavam. 
' Purposeless,' as, This man, Dedavatta, is warbling a melodious 
song before my house. ' Incapable of being proved,' as, Devadatta 
mocks me by a frown. Such an assertion as this is incapable of 
being proved, because it does not admit of proof. Owing to the 
transient nature of the act, witnesses are not available, much less 
can documentary evidence be resorted to ; nor would it be proper 
to perform an ordeal, on account of the trifling nature of the charge. 
'At variance' (with possibility), as, A dumb man has cursed me. 
Or, ' at variance ' with the interests of a town or kingdom, M. 

10, 11. Wy.K.; M. Macn. I, 4, 11 and May. p. 10 (uncertain). 

12. V. T.; M. Macn. 1, 4, ia, &c. (uncertain). Each subject shall 

Digitized by 



13. That plaint is declared to be inadmissible in 
which the order (of the words) is inverted, or the 
arrangement confused, or scattered what belongs 
together, or which is meaningless, or relative to 
bygone times, or unapproved. 

14. The order (of the words) is said to be inverted 
in that plaint the meaning of which is rendered un- 
clear by the omission (of certain words) in their 
proper place, and which is not accepted (in conse- 

15. When the original claim is forsaken and re- 
placed by a different proposition, the plaint is de- 
clared to be meaningless, and the previous claim is 
not carried. 

16. When a claim is raised in regard to certain 
property long after the expiration of the proper 
time, the plaint is said to relate to bygone times, 
though evidence be forthcoming. 

17. That suit in which the claim relates to one 
thing, and the judicial investigation to another, is 
declared to be unapproved, because the trial is in- 

18. When the plaintiff in his written claim con- 
be examined in its turn, not all subjects at the same time. A plaint 
referring to many distinct articles or to several different accusations 
is not faulty under this rule. M. 

13-20. Vtram. pp. 67, 68. 

13, 14. 'The order is inverted,' i.e. several syllables are inverted 
in position in the written charge. Viram., SmriTtii. 

13. 'The arrangement is confused/ when the natural order of 
the sentence is interrupted and the sense vitiated in consequence.. 
Viram., SmrtliA. 

13. 'Scattered what belongs together,' i.e. the several parts of a 
proposition are not put together. Ibid. 

17. 'Because the trial is inconsistent,' because the different parts 
of the suit do not agree. Smritik. 

Digitized by 


Ill, 3. THE ANSWER. 239 

founds the charge with the evidence, such a claim 
also cannot take effect, because the proper order of 
propositions is violated in it. 

19. That plaint should be utterly rejected in which 
two claims are entered at once, one reasonable, and 
the other unreasonable. 

20. Should a man make mutually conflicting state- 
ments in a plaint, his claim cannot succeed because 
of its being vitiated by inconsistent assertions. 

21. When a man though capable (of proving his 
claim) omits to prove it for twenty or ten years, after 
the plaint has been lodged by him, his declaration 
becomes futile (in consequence). 

22. (The plaintiff) may amend the plaint while 
the answer has not been delivered. When the plaint 
has been answered, the corrections must cease. 

III. The Answer. 

1. When a plaint of this description has been 
tendered by the plaintiff, the defendant shall deliver 
an answer corresponding to such plaint. 

2. That is called a (true) answer by those ac- 
quainted with the subject, which meets the plaint, 
and is concise, clear, consistent, and easily intelligible 
without an explanation. 

3. If a man's courage fails him when he is about 
to make a statement in a lawsuit, a delay must be 

21. Smrrttf. upeksha yatra sadhyasya vimsztim daxa va samaA I 
xaktenapi krcte vade tasya paksho mmha bhavet 11 

22. Viram. p. 20. 

HI, 1. Smritik. ; Raghunandana, pp. 12, 16 (' Brthaspati '). 

2. M. Macn. I, 5, 3 (uncertain) ; V. T., &c. 

3. Smritik. matir notsahate yasya vivade vaktum iX'^ata^ I 
datavya eva kalaA sydd arthipratyarthinor api H 

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granted to him (by the judge), whether he be plain- 
tiff or defendant. 

4. When the defendant contradicts the charge, 
such an answer is termed a denial in a cause. 

5. When, the plaint having been reduced to writ- 
ing by the plaintiff, the defendant admits it but 
adduces some special circumstance, it is called a 
(retort in the form) pratyavaskandana (special plea). 

6. That (answer) is no (true) answer which is 
dubious, not to the point, too narrow, too extensive, 
or meeting one part only of the plaint. 

7. An answer which treats of a different subject, 
or which is incomplete, or couched in obscure lan- 
guage, or confused, not intelligible without an ex- 
planation, or unreasonable, will never enable (the 
defendant) to gain his cause. 

4. Raghunandana, p. 1 7 ; M. Macn. I, 5, 7, &c. (' K&tySyana '). 

5. M. Macn. I, 5, 9. 

6. 7. V. T. ; M. Macn. 1, 5, 1 1 . ' Dubious,' as when (the plaintiff) 
having declared : This man has received a hundred Suvarwas from 
me, (the defendant replies) : . Yes, I have received a hundred 
Suvarwas or a hundred Mashas. 'Not to the point,' as when a 
debtor being sued for a hundred Suvarwas, replies that he has re- 
ceived a hundred Pawas. ' Too narrow,' as when (a debtor) being 
sued for a hundred Suvarwas, replies that he has received five. 
'Too extensive,' as when (a debtor) being sued for a hundred 
Suvarwas, replies that he has received two hundred. ' Meeting one 
part only of the plaint,' as when (a debtor) being sued for gold, 
clothes, and other objects, replies that he has received gold but 
nothing else. 'Which treats of a different subject,' as when an 
action for debt is answered by referring to a different title of law, 
e. g. when a man being sued for a debt of a hundred Suvarwas, 
replies, He (the plaintiff) has struck me. ' Incomplete,' not con- 
taining any reference to the particulars of country, pjace, and so 
on, as when the plaint states a certain field situated in the central 
country (Madhyadefa) near Benares, towards the east of it, to have 
been seized by the defendant, and the defendant replies merely, ' I 

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Ill, II. THE ANSWER. 24 J 

8. In the case of a denial, the burden of proof 
rests with the plaintiff; in the case of a special plea, 
(it rests) with the defendant. 

9. Let (the plaintiff) make an answer which corre- 
sponds to (the contents of) the plaint. If he does 
not (make an answer), the king shall cause him to 
make one, by employing (any of) the (four) methods 
of conciliation, division, and the rest, till the matter 
has been cleared up. 

10. When, in the case of a denial (on the part of 
the defendant) the plaintiff himself admits such 
(denial) as correct, it has to be considered as a con- 
fession, and one half of the (ordinary) fine shall be 
inflicted on the plaintiff. 

11. In the case of a denial, the burden of proof 
rests with the plaintiff; in the case of a special plea, 

have taken it.' ' Couched in obscure terms,' as when in a suit for a 
hundred Suvarnas the defendant exclaims, ' Am I the only person 
indebted to this man?' implying by his speech that the chief judge, 
or assessors, or plaintiff, is indebted to another man. 'Confused,' 
inconsistent, as when in. an action for a hundred Suvareas the 
defendant declares, ' Yes ; I have received that sum, but I do not 
owe it' ' Not intelligible without an explanation,' owing to the 
use of wrong inflections, compounds, or constructions, or to the 
employment of a foreign language. ' Unreasonable,' contrary to 
common sense, as when the plaint runs as follows : The defendant 
has received a hundred Suvarwas from me, repayable with interest, 
and has paid the interest only, and not the principal ; and the de- 
fendant replies : ' Yes ; I have paid' the interest, but have not 
received the principal.' M. 

8. M. Macn. 1, 5, 14 (uncertain); May. p. 11. 

9. Smrrti/i. yathirtham uttaraw dady&n na ket tad dSpayen nri- 
paA 1 samabhedidibhir m&rgair y&vat so«rtha/4 samuddhrrta^ n 
Bribery and force are the two remaining methods. 

10. Smrrti/J. nihnave ru yadft vadt svayam tat pratipadyate 1 
gHtyi sampratipattis tu tasy&rdho vinayaA smrrtaA 11 

11. M. Macn. II, 6, 5. 

[33] » 

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it rests with the defendant ; but in a plea of former 
judgment, all that is required in the shape of proof 
is to produce the previous decree. 

1 2. The defendant is at liberty to delay his answer 
for three days, or for five days even. 

IV. Writings and Possession. 

i. A writing (or document) should be signed by 
witnesses, the (natural) order of ideas and syllables 
should not be interrupted, local customs and general 
rules should be observed in it, and it should be com- 
plete in every respect. 

2. A document signed by the king with his own 
hand, or sealed with his own seal, is declared to be a 
royal document, and is (considered as equal to) an 
attested document in all affairs. 

3. A document suspected (to have a blemish) is 
valid, unless the debtor should have clearly indicated 
its blemish ; and so (is the validity of) a document 
which is more than twenty years old (established by 
mere lapse of time). 

4. In the beginning, gift is a cause (of ownership); 

12. Vy. K. pratyarthf labhate kalam tryaham pad&iham eva v& 1 
IV, 1. Smritik. lekhyam tu sakshimat kSryam aviluptakramd- 
ksharam 1 defSiarasthitiyuta/» samagraw sarvavastushu II 

2. Smr/tii.; Vfram. p. 195 (' Vasish/4a '). 

3. Smr/'ti£. ; Viram. p. 200 (' Katydyana '). The validity of a 
document having been called into doubt, because it either has a 
blemish or has been vitiated by the lapse of a considerable time, it 
becomes valid through proof by ordeal. This is the meaning, mere 
lapse of time being insufficient to produce validity. SmrioVt. This 
interpretation can hardly be correct, as ordeals are not referred to 
in this text. 

4. M. Macn. Ill, 6, 5. In the case of the first man (possessor) 

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in the middle, possession with a title ; but continued 
and hereditary possession by itself is also a good 
cause (of ownership). 

5. There are six modes of acquiring wealth : by 
obtaining (property), what is declared to have been 
given or earned, (acquisition through) valour, (in 
the shape of) a marriage portion, and through in- 
heritance from relations or others. 

6. Having listened to the answer, (the plaintiff) 
at the trial shall produce a document as evidence, 
or he shall prove possession continued for a long 
time, and corroborated by (the statements of) the 
neighbours, or by (other) evidence. 

7. Supposing a religious student were to perform 
some vow extending over a period of thirty-six 
years, or a man (engaged in trade or traffic) were 
to reside abroad for a long time in the pursuit of 
wealth : 

possession proved by witnesses is superior to, or more decisive 
than, possession, excepting hereditary possession. Such hereditary 
possession, again, is superior in the case of the fourth in descent 
to a title proved by documents. In the case of an intermediate 
claimant (as e. g. the second or third in descent) a title coupled 
with possession of short duration even is more decisive than a title 
entirely destitute of possession. M. 

5. Smri'ti^. labdhaw ddnakriySproktaw saxiryam vaiv&hikam tatha" i 
bSndhavadipra^a^Stawz sha^idhas tu dhanagamaA II ' Obtaining,' 
by birth, paternal or other (inherited) wealth ; or, obtaining property 
by finding it, as in the case of treasure-trove. Smrrti£. 

6. Smr/ti£. jrutvottaraw kriyapade lekhyaw sidhanam uddi.ret I 
sSmantalaksha»opet£ bhuktir vS ftrakilikf. ' The term sSdhanam 
a fortiori denotes witnesses in this place. Therefore the meaning 
is as follows. In a dispute regarding a house, field, or other (im- 
movable property), the claimant must adduce a document or 
witnesses, or he must plead possession.' Smn'tiA. 

7-10. Smrrti*. brahmaJiri £aret kimkid vrataw sha/triflwad&b- 
■dikam 1 arthSrthi Mnyavishaye dtrghak&lam vasen nara^ 11 samS- 

R 2 

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« 1.-.— 

8. If, then, the student after having completed his 
period of studentship (and returned from his pre- 
ceptor) were to look after his property, possession 
(by a stranger) continued for fifty years would be 
capable of depriving him of his property. 

9. Twelve years for (the study of) each Veda is 
the period ordained for those engaged in the pursuit 
of religious knowledge ; for those engaged in the 
acquisition of mechanical (or manual) skill, the period 
(of apprenticeship) is declared to last till they have 
acquired their art. 

10. What has been possessed against their wish 
by their friends or relations, and what has been 
possessed by persons offending against the king, is 
not lost by the lapse of (a long) time. 

V. Witnesses. 

1. (By false evidence concerning land, a witness 
kills everything; beware, then, of giving false evi- 
dence concerning land.) In the case of (false 
evidence concerning) water, the consequence is said 
to be the same as for land, and so it is in the case 
of carnal connexion with a female, as well as (in the 

vr/tto vratf kuryat svadhananvesha«aw tata/5 I pad&uadabdiko 
bhogas taddhanasyapaharakaA 11 prativedam dvadajabda/i kilo vi- 
dy&rthm&OT smrilaA I filpavidyarthinaw laiva graha/»anta/i pra- 
kirtitaA ll suhrtdbhir bandhubhu iax$k\&m yat syad bhuktam avar- 
yatim | nr»p£par£dhik£w £aiva na tat k&lena hfyate 11 See Manu 
III, 1. 

V, 1-3. Viram. p. 171. See N&rada I, 17, 209 (above, p. 9a), 
the text immediately preceding these texts in the Vtramitrodaya. 
i, 3= Manu VIII, 100, 101. All these texts, up to 10, form part 
of the exhortation to be addressed to the witnesses by the judge. 
In 2, I have substituted tathirvavat, the reading of the 7b</ar£- 
nanda, for tathdpnuyat. 

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V, 7- WITNESSES. 245 

case of false evidence) concerning gems produced in 
water, and everything consisting of stone. 

2. In the case of honey or clarified butter (the 
consequence) is the same as (when false evidence 
has been given) with regard to small cattle. He 
incurs the same guilt as in the case of a horse (by 
giving false evidence) regarding a vehicle. The 
case of silver, clothes, grain, or the Veda is equal to 
the case of a cow. 

3. Having considered all these evil consequences 
attending a false declaration, (a witness) must declare 
openly everything as (he has) heard or seen (it). 

4. Kubera, Aditya, Varu»a, .Sakra (Indra), the 
son of Vivasvant (Yama), and the (other) guardian 
deities of the world are constantly looking on with 
divine eyes. 

5. Let (the judge) ask a Brahman for his testi- 
mony by saying, 'Speak;' a Kshatriya by saying, 
' Speak the truth ; ' a VaLrya, by referring to his kine, 
grain, and gold ; but a .Stodra (by conjuring him) by 
all possible wicked deeds. 

6. Whatever places (of torment) are assigned (in 
a future state) to the murderers of Brahmans, or to 
the slayers of women and children, and to him who 
betrays a friend, or shows ingratitude, those very 
places shall be thy home (after death) if thou 
speakest falsely. 

7. All meritorious deeds which thou, O good 
man, hast done since thy birth, would go to the 
dogs, if thou shouldst speak falsely. 

4. Smrt'ti/t. kuberadityavanwajakravaivasvatadayaA 1 psuyanti 
lokapalir £a nityaw divyena Aakshusha II 

5-9. Vy. K. Identical with Manu VIII, 88-92. 


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8. Although, O virtuous man, thou thinkest of 
thyself, ' I am alone,' yet that says who sees the evil 
and the good ever resides in thy heart. 

9. If thou art not at variance with the god Yama, 
the son of Vivasvant, who resides in thy heart, thou 
needest not go to the Ganges or to (the country of) 
the Kurus. 

10. Perjured witnesses, as well as those who rob 
others of their property, and wicked kings, shall have 
to reside (hereafter) in a very dreadful hell for the 
time of a kalpa. 

ii. When (a calamity such as) an illness, or fire, 
or the death of a relative, happens to a witness 
within seven days after his evidence has been taken, 
he shall be made to pay the debt and a fine. 

12. Learned Brahmans and other such persons 
(are incompetent witnesses) under a text of law ; 
thieves and the like persons, on account of their 
notorious perversity ; (the deposition of the witnesses 
is worthless) owing to mutual contradiction when 
the witnesses make mutually conflicting statements 
at the trial of a cause. 

1 3. ' One who gives evidence of his own accord ' 
is a witness who comes to make a deposition of his 
own accord, without being appointed (a witness). 
Such a man is termed a spy in the law-books, and 
he is not worthy to become a witness. 

10. Smr('ti£. attvanarake kalpaw vaseyuA ku/asakshi»aA 1 para- 
vittahara ye £a rag&nas ^apyadh&rmikaA II A kalpa is a fabulous 
period of time, the duration of which is reckoned in various ways. 

11. Tod. Identical with Manu VIII, 108. 

12-14. Vfram. p. 151. 12, 13 a, and 14 occur in the Minor 
N&rada as well (p. 34), where they come immediately after a text 
which is identical with N£rada 1, 12, 157 (above, p. 82). 

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VI, 4- ORDEALS. 247 

14. 'One rendered incompetent by intervening 
decease ' is a witness (who comes) after the death of 
the claimant, unless he should have been instructed 
(by the claimant) on his deathbed. 

VI. Ordeals. 

1. Let (the defendant) touch the heads of his 
sons, wife, or friends ; or else the (ordeal by) sacred 
libation (may be performed), whatever the nature of 
the charge may be. 

2. It is on the claimant that the duty of declaring 
his readiness to take on himself the penalty (to be 
awarded to the losing party) devolves in every case. 
Or the ordeal may be performed by either party at 
pleasure, the other party consenting to give the 
penalty (to be awarded in case of defeat). 

3. To persons suspected by the king, or denounced 
(as criminals) by (intercourse with) robbers, or intent 
on their own justification, an ordeal must be admin- 
istered without binding (an opponent) to give the 

4. (The performance of) an ordeal is ordained in 

VI, 1. Vlram. p. 226; M. Macn. X, 1, 5 (uncertain). 

2. Vlram. p. 228. 

3. V. T. ; M. Macn. X, 1, 5 a (uncertain). The Mitikshar& ex- 
plains the term shaJi or rfrsha, which has been translated by 'penalty' 
in this paragraph and in the preceding text, as denoting the 
head, i.e. the fourth or principal division of a lawsuit, which involves 
defeat or success, and results in the awarding of a punishment or 
fine to the losing party. It appears more probable, however, that 
firas, 'head,' is an equivalent for ' life,' the accuser having to declare 
his readiness to risk his life, i. e. a heavy punishment, in case of 

4. Smriti£. Mra«e mahati proktam divyaw vad£rthinaw nr/Vtdm 1 
j irovartl yada" na syat tada divyaw na dlyate ll This is apparently the 

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important cases, when people are engaged in a con- 
troversy ; an ordeal must not be administered when 
there is no one ready to take the punishment on 

5. Justice is based on truth, and litigation (depends) 
on witnesses. When a case admits of divine test, 
human evidence (the testimony of witnesses) or 
documents must not be resorted to. 

6. The (ordeal by) sacred libation has been de- 
clared by the wise to be applicable to all (castes), 
and poison (to all castes), excepting the Brahman 
(caste). (Either the balance is reserved for Brah- 
mans), or the balance may be administered to 
(members of) every caste. 

7. The (ordeal by) sacred libation may be admin- 
istered in every case. The (ordeal by) balance is 
admissible in every season. 

8. Eunuchs, distressed or feeble persons, the 
severely afflicted, infants, old men, women, and the 
blind should be tested by the balance always. 

9. (The ordeal by) poison is not destined for 

correct reading of the text translated above, Narada I, 19, 257 
(pp. 101, 102). 

5. M. Macn. X, 1, 7. In actions for debt and the like, though 
witnesses possessing the required qualifications (such as veracity, 
&c.) should have been adduced by the plaintiff, an ordeal may be 
administered, if the defendant proposes an ordeal and promises to 
give the fine or other penalty to be inflicted in case of his being 
defeated, because witnesses are subject to the fault of partiality, 
whereas an ordeal shows the true state of the case, as no fault can 
be found with it, and is an emblem of justice. M. 

6. Vtram. p. 235. This text comes after Narada I, 24, 335 
(above, p. 1 1 7). 

7. May. p. 18 (text). 

8. 9. Viram. p. 235. In the third Pada of 8, 1 read balavr«d- 
dh&striyo*ndh&mj£a with Smritti:. for balavr/ddhatur&n strfr Aa 

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VI, i4< ORDEALS. 249 

women, nor is (the ordeal by) water fit to be admin- 
istered to them; it is through (the ordeals by) 
balance, sacred libation, and others that (the judge) 
must explore the true state of their minds. 

10. Let (the judge) test strong men by fire, water, 
or poison, and let him test infants, old or distressed 
men by the balance. 

i"i. Let (the judge) avoid (the ordeal by) fire in 
the case of lepers, (the ordeal by) water in the case 
of the asthmatic, and (the ordeal by) poison in the 
case of bilious or phlegmatic persons. 

12. In the season of the rains, let the (ordeal by) 
fire be administered ; also in the cold and chilly 
seasons. In the summer season, the (ordeal by) 
water is the proper (kind of ordeal). Poison (is 
destined) for the cold weather. 

1 3. The chilly, cold, and rainy seasons are declared 
to be (the proper seasons) for the (ordeal by) fire ; 
the autumn and summer seasons, for the (ordeal by) 
water ; the (ordeal by) poison, (is fit) for the cold and 
chilly seasons. 

14. The months of Aaitra (March-April), Marga- 
jirsha (November-December), and Vaisakha (April- 

(Vfram., Tod.), as the term atura occurs twice under the latter 

9. M. Macn. X, 1, 12 (uncertain); Nepalese Narada. 

10, n. Minor Narada I, 5, 116, 118 (p. 46). For the Sanskrit, 
see Narada-smrAi, p. 1 1 2, note. Nearly identical with a text usually 
attributed to Pitamaha, Vfram. p. 237. 

12. Vfram. pp. 239, 240. Nearly identical with Narada I, 19, 
254 (p. 101) and Minor Narada I, 5, 113, 114 (p. 46). 

13, 14 a. V. T. ; M. Macn. X, 1, 10 (uncertain). These two texts 
are elsewhere attributed to Pit&maha, and it is certainly difficult to 
reconcile them with 12. 

14 b. Vfram. p. 240. In the quotations, this text comes after 

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May) are proper months for all (ordeals), and not 
adverse to any kind of ordeal. (Ordeals must) never 
(be administered) in the afternoon, nor in the twi- 
light, nor at noon. 

.1 5. Ordeals administered at an improper place, or 
at an unsuitable time, or performed at a distance from 
human habitations, constitute a deviation from the 
proper course of a lawsuit, this is certain. 

16. The chief judge must superintend the whole 
of the proceedings at an ordeal, fasting and obeying 
the king's instructions in the same way as an 
Adhvaryu (priest officiates) at a sacrifice. 

17. The chief judge, who must be a Brahman, 
thoroughly versed in the Vedas and Vedangas, 
instructed in sacred learning and of religious con- 
duct, tranquil-minded, unambitious, 

18. Fond of veracity, pure, able, delighting in the 
welfare of all sentient beings, having kept a fast, 
clad in his moist garments (after a bath), having 
cleansed his teeth, should worship all deities accord- 
ing to rule. 

19. With red perfumes and garlands, as well as 

Narada 1, 19, 259 (above, p. 102). ' The prohibition to administer 
an ordeal at noon has reference to ordeals other than the ordeal by 
water.' Viram. 

15. Viram. p. 241 ; May. p. 18 (text). I read bahirvasakntani in 
the second Pada (bahirvadikrriani, May.), and vyabhiHram sadar- 
theshu in the third Pada (vyabhi^are sadartheshu, Viram.). 'At a 
distance from human habitations,' in solitude. Viram. 

16. M. Macn. X, 1, 8 a; ' Pitamaha,' elsewhere. 

17, 18. Viram. p. 245 ; M. Macn. X, 2, 18 (' Pitamaha'). I read 
kuryad in 18, as in MitaksharS, Vivadata»<fova, &c. (krriva, Viram.). 
These texts, although generally quoted in the section on the ordeal 
by balance, seem to contain a rule applicable to every ordeal. 

19. M. Macn. X, 2, 17, &c. This text is supposed to apply to 

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VI, 24- ORDEALS. 25 1 

with curds, cakes of flour, fried grain and other 
(offerings), he should first worship the balance, and 
then show honour to the others. 

20. The balance and the other ordeals ordained 
by the sages should be administered by the king by 
consent of the claimant, but not otherwise. 

21. When they are performed otherwise (the 
claimant not giving his consent), he incurs the same 
guilt as a thief. 

22. I will state next the excellent rule regarding 
the (ordeal by) balance, as the king and the chief 
judge should administer that ordeal to a man 
(arraigned in a cause). 

23. The two posts supporting the beam of the 
balance should measure four Hastas above ground, 
their (entire) length should be six Hastas. 

24. The king should cause a wooden beam of the 
balance to be made, which must be four Hastas long, 

a judge who is about to administer the ordeal by balance to one 
arraigned in a cause. The term ' the others ' is said to relate to 
Indra and the other deities. 

20, 21. Minor Ndrada I, 5, 112, 113 (pp. 45, 46). The second 
half occurs in the Nepalese Narada as well, where the chapter on 
the ordeal by balance commences with it. For the Sanskrit, see 
Narada-smnti, loc. cit. 

22. Minor Nirada I, 5, 119 (p. 46). ataA para/* pravakshydmi 
dha/asya vidhim uttamam 1 ra^i £a prarfvivdkaj ka. yatha tarn 
kdrayen naram 11 

23. Nepalese N&rada. £aturhastau tul&padav u&Arayena praktr- 
titau 1 shaaV/iasta»z tu tayor bhavet pramawaw parimaxata^ 11 The 
Minor Narada has the following text instead of this : dha/asya 
padav (padad) urdhvaw tu praktrtitau I pad&ihasta' tul£ 
karya dvihasta £&rgala smr/ti 11 Under this reading, the beam of 
the balance would have to be five Hastas long, whereas the 
following text (24) states its length at four Hastas. 

24-26. Minor Nlrada I, 5, 121, 122 (p. 47 and Addenda, pp. 
xxxii, xxxiii). kdrayeta laturhastam samaw lakshawalakshitam 1 

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polished, furnished with the required characteristics, 
and having the two scales suspended by both 

25. After having caused two posts to be erected, 
On even ground, which must be placed from north to 
south, and must be arranged both in one line, he shall 
cause the beam of the balance to be fastened across 
(the transverse beam which connects) them. 

26. With an iron cord let a virtuous man surround 
the beam in the middle and fasten it in an east- 
western direction, after having carefully connected it 
(with the transverse beam). 

27. The (appointed) examiners have to take care 
always that the two perpendiculars of the balance 
should be equal in length. Water must be poured 
out on (the beam of) the balance by skilled persons. 

28. If the water does not trickle down (from the 
balance), the balance may be considered as being 

29. With red perfumes and garlands, as well as 
with curds, cakes of flour, fried grain and other 
(offerings, the judge) should first worship the 
balance, and then show honour to the others. 

tul&m kashV/iamayiw iSgi, .rikyaprantavalambintm M dakshinottara- 
sarasthanav ubhav ekatrasamyatau 1 stambhau krz'tvi same d&re 
tayoA sawsth&payet tul£m II ayasena tu plrena madhye samgrshya 
dharmavit 1 yo^ayet tim susawyuktaw tula« pragaparayatam II 

27, 28. May. p. 20 (text) ; M. Macn. X, 2, 6 (uncertain). These 
two texts are elsewhere attributed to Pitamaha, and this is probably 
the correct view, as the fastening of the two perpendiculars by the 
two arches in which the balance moves up and down is described 
in another text of Pitamaha. 

29. M. Macn. X, 2, 17. 'The injunction contained in this text 
concerns a judge who is about to administer the ordeal by balance 
to one arraigned in a cause. The others,' i.e. Indra and the other 
deities. Viram. p. 251. See 19. 

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VI, 35- ORDEALS. 253 

30. (The person accused being about to be placed 
in the scale for the second time, the judge should 
address the balance as follows) : ' Thou, O Balance, 
hast been created by Brahman, to test the wicked. 
On account of the syllable dha thou art the image of 
Dharma (Justice), on account of the syllable /a, thou 

31. Being used for balancing (dhma, in this 
ordeal) discoverest the vicious. Therefore thou art 
called dha/a (balance).' 

32. If (the person) remains level (sama), he is 
considered to be in a middling position (samata). If 
he comes down, he loses his cause. He who goes 
down is not innocent ; he is innocent who goes up. 

33. He who remains level is also not acquitted. 
These are the three possible cases in the (ordeal 
by) balance. Thus has been declared the never- 
failing acquittal (obtainable) through the test by 

34. When (the scales fixed) at the two extremities 
of the beam have been moved, when the mark which 
had been made has come off, when (the balance) is 
going up and down, being agitated by wind, 

35. Or when (the man appointed to hold it) lets it 

30; 31. Vfram. p. 251 ; M. Macn. X, 2, 23 (uncertain). 

32, 33. Nepalese Narada. samena samat&m eti hfyaminas tu 
hfyate 1 adhogatir na .rudhyeta jrudhyetordhvagatis tathi 11 same- « pi 
na (hi MS.) vuuddhaAsyad ity eshi trividha tula I eshodita tulSkalpe 
(tulakalpa^ MS.) juddhir avyabhikSriwf 11 32 b, 33a are attri- 
buted to VySsa in the Vivadatawdava. The reading na for hi has 
been taken from the same compilation. It appears from Narada I, 
20, 283 (above, pp. 107, 108) that an equal result of the first and 
second weighing was not considered as a proof of innocence. 
According to others, such a result proves the person balanced to be 
guilty in some degree; or the proceeding has to be repeated. 

34> 35- Vfram. p. 254 ; Smnti*. ; V. T. I read with SmntLi. 

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go all of a sudden : (in all these cases) the matter in 
dispute must not be decided either way. 

36. Now then I will proclaim the excellent rule 
regarding the (ordeal by) fire, as it has been declared 
(by the sages). The intermediate space between two 
circles is ordained to measure thirty-two Angulas. 

37. The seven circles are thus declared by persons 
thoroughly conversant with the art of computation 
to cover a space of two hundred and twenty-four 

38. Let the peculiar signs be marked which he 
has on both hands, both visible and invisible ones, 
whether caused by a scar or not caused by a scar. 

39. After having first marked in this way the 
hands of the person accused, he should offer clarified 
butter in fire according to rule, as a propitiatory rite, 
reciting Mantras (at the same time). 

tul&rirobhyam udbhr£nta*» vLJalaw nyastalakshawam 1 yadi vayu- 
prawunno va dhavaty urdhvam adho»pi va II nirmuktaA sahasa vapi 
tada naikataraw vra^et 11 'The mark,' i.e. 'the water or whatever 
else has been used to mark the even position of the scales' (Smr»ti£., 
Viram.), or ' the bill recounting the charge which has been fixed 
on the head of the person balanced ' (V. T.). 

36. Vfram. p. 256. 

37. Nepalese N&rada; Minor Nirada I, 6, 3 (p. 49). I read : 
saptabhir mamfelair evam ahgulaniw .ratadvayam I saiaturvimxati 
prokta/n sawkhyatattvirthadarjibhiA ll The quotations agree with 
Narada I, 21, 286 in referring to eight, instead of seven, circles. 

38. Viram. p. 259. The marking of the hands serves the pur- 
pose of marking the difference between the previously extant sores 
and those eventually caused by the hot iron ball. 

39-45. Smriiik. krj'tvaivam abhirastasya prathamaw hastala- 
kshanam 1 jantyartham ^uhuyan mantrair ghr/lam agnau yatha- 
vidhi 11 tarpiteshv atha deveshu lokapaleshu laiva hi I idityabhi- 
mukho bhutva imam mantram udtrayet II tvam agne sarvadevanim 
anta* 4arasi pSvakaA 1 havyaw vahasi devan&m antaAr&ntiw praya- 
AMasi ll pra^ManSni manushya»a»» pSpani sukr/tini ka. 1 tvam eva 

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VI, 47- ORDEALS. 255 

40. The gods and the guardian deities of the 
world having been hospitably entertained, let (the 
person accused) utter the following prayer, facing 
the sun. 

41. ' Thou, O fire, dwellest in the interior of all 
deities as a flame. Thou conveyest burnt-oblations 
to the gods, and givest peace of mind. 

42. 'Thou, O God, knowest the secret offences 
and merits of men. Thou, O deity, knowest what- 
ever mortals do not comprehend. 

43. 'Arraigned in a cause, I am about to be tested 
by fire. Therefore deign to deliver me lawfully 
from the perplexity in which I am involved.' 

44. The man (about to be examined) having made 
this speech, facing the east, with firmness, his joined 
hands should be covered with seven equal leaves of 
the holy fig-tree, 

45. And both hands should be tied with seven 
strings of light-coloured thread. 

46. (Then the man) should take a smooth ball of 
red-hot iron, fifty Palas in weight, in both hands, and 
step gradually across the seven circles. 

47. When a man has carefully stepped through 

deva ^anishc na vidur yani manush&A II vyavaharabhuasto»yam 
vahnau tish/Aami sa/zwaye 1 tasm&n ma»i saffwayarudiaw dharmatas 
tratum arhasi II evam uktavatas tasya prihmukhasya tu dhimataA 1 
pattrair a%alim ipurya axvatthatf saptabhiA sarnaiA 11 vesh/ayita 
sitair hastau saptabhiA sutratanrubhiA 11 For similar prayers, which 
are put in the mouth of the judge however, see Narada I, 21, 290- 
294 (above, pp. 109, no); Minor Narada I, 6, 10, n (p. 41). 

45. M. Macn. X, 3, 2. 

46. Minor Narada I, 6, 6, 7 (p. 49). huUUataptalohasya 
pan&uatpalika/ra samam I hastabhya/a pint/am adaya maw^alani 
xanair vra^et II 

47. Nepalese Narada. tirtvanenavidhanenama»</aIanisamahitaAi 

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the (seven) circles in this way, without having burnt 
himself in the least, he is acquitted. 

48. When he has dropped the ball, his hands 
should be inspected. If the marks have retained 
their previous appearance, he should examine (the 
hands) elsewhere as well. 

49. When a bloodshot round stain or any other 
sore caused by fire is seen, the man has to be con- 
sidered as guilty, because truth and virtue are not 
found in him. 

50. I will proclaim next the excellent rule regarding 
the (ordeal by) water. Let a king who is desirous 
of establishing perfect truth refrain from administer- 
ing (this ordeal) in winter. 

51. With perfumes, garlands, sweet-smelling sub- 
stances, honey, milk, clarified butter, and the like, 
let (the judge) perform the worship of Vanma (the 
deity of water) first of all. 

52. Let (the judge) cause this ordeal to be per- 

adagdhaA sarvatha' yas tu sa vwuddho bhaven naraA II Nearly 
identical with Minor Narada I, 6, 7 a, 8 b. 

48,49. Tod.; Smritik.; Viram. p. 264 (' KilikSpurtwa '). 48b 
according to the Nepalese N&rada. tasyaiva muktapi»</asya kurydt 
karanirikshanam I purvarupeshu fthneshu tato«nyatrapi lakshayetll raktasawka^aw ya£ £dnyad vagnisawzbhavam 1 so*vmid- 
dhas tu vjgtfeyoisatyadharmavyavasthitaA ll 'If a boil or other 
(tumour) caused by fire should be discovered on the palms of his 
hands, he has to be considered as guilty. If nothing of the kind is 
discovered, he is innocent.' SmrrtiA., Viram. 

50-79. The ordeals by water and poison are omitted in the 
Smr/TtUandrikS, ' because they are obsolete now-a-days.' 

50. Nepalese Narada. ata^ para« pravakshySmi toyasya vidhim 
uttamam 1 hemante var^ayed ra^-a ya \kkhek Aiuddhim uttamim 11 

51. M. Macn. X, 4, 3 (uncertain); Vtram. p. 269. 

52. Minor Nirada I, 7, 2 (p. 50). svaikk ^ale surftale ^alau^ 
kaApankavar^ite 1 vipule natigS^Ae fa kuryad divyasya nirwayam 11 

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VI, 56- ORDEALS. 257 

formed in transparent and very cool water, which 
does not contain aquatic animals or mud, and is 
abundant and not too shallow. 

53. Let (a man) go near the bank of the water (in 
which the accused is to be immersed) and erect an 
arch as high as the ear (of the person) on the edge 
(of that water), on level and purified ground. 

54. A strong bow should be known to have seven 
hundred ; one not particularly strong, six hundred ; a 
weak bow, five hundred. Thus has the rule regarding 
the bow been declared. 

55. From a bow of a middling quality let a skilful 
(archer) discharge three arrows, after having made 
a target one hundred and fifty Hastas distant. 

56. (The archer) is blameable if the arrows dis- 
charged by him fall short of or go beyond the target. 
(The person accused) obtains acquittal if his body 
continues immersed in water after the middling 
arrow has been (discharged and) brought back. 

53. M. Macn. X, 4, 13. 

54. Nepalese Narada. kruraw dhanuA sapt&ratam natikruram tu 
sha/tatam I mandaw pafl&u ataw gHeyaxa esha prokto dhanurvidhi/4 11 
Nearly identical with Minor Narada I, 7, 4 (p. 50); Narada I, 22, 
307 (above, p. 112); Vtram. p. 268, &c. The translation of this 
text is based on the interpretation given in Tod. ' That bow which 
bends sufficiently to admit of discharging an arrow from it, when a 
weight of seven hundred Palas is fastened by the string, is said to 
have seven hundred. The terms " six hundred " and " five hundred " 
have to be understood in the same way.' See too, above, p. 112, 
307 note. 

55. 56 a. M. Macn. X, 4, 15. The rule regarding the distance 
of the target, which renders the arrows entirely superfluous, seems 
to belong to a more recent period than the other rules. See Prof. 
Stenzler's Essay on Indian Ordeals. 

56 b. Tod. anite madhyame va»e magnanga^ jufltam iyat 1 

[33] S 

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57. Among fifty runners, those two who are the 
quickest runners should be appointed to fetch the 

58. Let a strong man, who may be a Brahman, 
Kshatriya or Vaisya, and must be free from affection 
and hatred, be placed in water reaching his navel, 
(standing erect) like a pillar. 

59. (The accused), thoroughly controlled in mind, 
shall seize the thighs of that man under water, and 
stand in it composed all the time till the (runner) 
appointed to fetch (the arrow) has returned. 

60. Then let men strictly devoted to veracity and 
virtue, acquainted with the application of legal rules, 
and free from affection and hatred, see that every- 
thing is fair. 

61. An intelligent, pious-minded man should 
descend into the water and duly address (the deity 
of water) with the following auspicious texts. 

6 1 b. The sacred prayer (runs as follows). ' Om, 
adoration to Justice. 

62. ' Thou, O lord of waters, who art so pleasantly 

57. M. Macn. X, 4, 12. 58. Viram. p. 269. 

59. Nepalese N&rada. toyam adho manushyasya gr/httvoru 
susawyata^ I tavat tish/Acta niyato yavat prapta^ samapak? II 

60. Minor NSrada I, 7, 8 (p. 51). dharmasthSnaw tataA kuryuA 
satyadharmaparSyawa^ I dharnmaslravidhina^fid ragadveshavivar- 

61. Nepalese NSrada. avatfrya ^ale vidvdn sr&taA prayatamii- 
nasaA 1 .f ravayeta yathSnyayam ebhir mantrapadai£ subbaih 11 The 
correctness of this reading seems doubtful. According to the other 
authorities, the prayer is to be recited by the judge or by the 

61 b. Nepalese Narada. dhatmamantraA 1 om namo dharmaya 1 

62. Nepalese N&rada. yonis tvam asi (yatas tvam asti MS.) 
bhutana/n g&lesa. sukhajitala 1 triyasvainam naraw papSt paryasi 
tvaza jubhlfubham II 

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VI, 67. ORDEALS. 259 

cool, art the source of (all) beings. Save this man 
from guilt, thou knowest both good and evil. 

63. ' Thou art the first of the gods and the great 
comforter of the world. Thou, O water, dwellest in 
the interior of all beings, like a witness. 

64. ' Thou, O deity, alone knowest what mortals 
do not understand. This man, being arraigned in a 
cause, is going to dive in thee. Therefore deign to 
deliver him lawfully from this perplexity.' 

65. Then (the accused) should submerge all his 
limbs in water so as to become invisible. 

66. A prudent man should leave the water, after 
having seen the arrow brought back, and should 
approach the king and all the assessors of the court, 
after saluting them reverentially. 

67. Though only his ear, eye, mouth or nose 
should become visible while he is in water, he 
cannot be acquitted. If he remains invisible, he 
obtains acquittal. " 

63a occurs in the Minor Ndrada and Nepalese Narada (Minor 
Narada I, 7, 15 a). &didevo»si devandm (bhutdndw Nep. Ndr.) 
lokasydpydyanaw mahati After this, the Nepalese Narada has two 
texts, which are identical with Ndrada I, 22, 316, 317. 

63 b. Minor Narada I, 7, 16 a. tvam ambhaA sarvabhutanam 
antar forasi sakshivat 1 Identical with Vishnu XII, 7 a. 

64a, b. Minor Narada I, 7, i6b, 17a. tvam cva deva ^nishe 
na vidur ydni manaviA 1 vyavahdrdbhwasto»ya»i manushas tvayi 
ma^yati II Nearly identical with Vishmi XII, 7 b, 8a. 

64 c. Minor Narada I, 7, 17 b. tad ena« sa»wayad asmad dhar- 
matas tratum arhasi I Identical with Vishmi XII, 8 b. 

65. Nepalese Narada. tato nima^et salile sarvdwy angany 
adarrandt 11 

66. Nepalese Ndrada. prdptaw tu sayaka/w dr/shM gal&d uttfrya 
buddhimdn 1 pra»ipatya nripam gn&kAet sarva»w £aiva sabhdsadaA 11 

67. Minor Narada I, 7, 12. kar«akshimukhanas£na« yasya 
toye vyavasthitam 1 drwyate na vijuddhaA syad adr/syaA juddhim 
apnuyat 11 

S 2 

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68. Now then I will proclaim the excellent rule 
regarding the (ordeal by) poison, (stating) how the 
king should give poison, the best means of purifica- 
tion for a man, 

69. Let him give the poison in the presence of 
(images of) the deities and Brahmans, after having 
kept a fast and worshipped Mahervara with incense, 
offerings, and sacred texts. 

70. (The judge) should give the poison with fixed 
attention, facing the north or the east, in the presence 
of Brahmans, (while the accused) is facing the south. 

71. Let seven Yavas be given, as a test of inno- 
cence, without doubt, of poison from the .SWnga tree 
or Vatsan&bha (poison) or Hima^a poison. 

72. In the morning and in a cool place let the 
poison be given to all persons, after it has been 
finely ground, and mixed with clarified butter thirty 
times the quantity. 

73. He must not give poison to infants, disabled 
or superannuated persons, or to those who have 
committed a very light offence only, or to a mad- 
man, to one severely afflicted, to a cripple, or to 

74. If the person (examined) undergoes no change 

68, Minor N&rada I, 8, 1 (p. 52). ataA param pravakshyami 
vishasya vidhim uttamam | yatha dadyad visham ra^l jodhanam 
paramaw n/7»am 11 

69. M. Macn. X, 5, 4, 70. M. Macn. X, 5, 6. 

71. Tod.; Vfram. p. 273 (' Pitamaha '). Hima^a poison is no 
doubt the poison elsewhere called Haimavata, 'coming from the 

72. Vlram. p. 275; M. Macn. X, 5, 13 (« KSty&yana '), 

73. Nepalese Narada. na balaturav/7'ddheshu naiva svalpSpara- 
dhishu 1 nonmattirte tatha vyange na fa dadyat tapasvishu 11 

74. M. Macn. X, 5, 16. 

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VI, 86. ORDEALS. 26 1 

of appearance during the time occupied by clapping 
the hands five hundred times, he is acquitted, and 
should be cured (by giving him antidotes of poison). 

75. ' On account of thy poisonous and dangerous 
nature thou art hard on all persons. Thou art 
appointed to show the difference between good and 
evil like a witness. 

76. ' Thou, O deity, knowest the sacred ordinances 
and the conduct of men, both good and evil actions, 
(in short) whatever men do not comprehend. 

77. ' This man being arraigned in a cause, wishes 
to obtain acquittal. Therefore deign to deliver him 
lawfully from this perplexity.' 

78. This prayer should be pronounced according 
to rule, while the poison is being swallowed (by the 

79. The king having known the man to be inno- 
cent should honourably dismiss him, and proclaim 
him (innocent) with a loud voice. Thus has the 
law been laid down. 

80. (Let the ordeal by sacred libation be adminis- 
tered) to one who consents to it and puts faith (in 

75. Minor Nirada I, 8, 7. vishatvad vishamatva* id. krfiraw 
tvaff? sarvadehinam I jubhirubhavivekarthaw niyukto hyasi sa- 
kshivat 11 The first half is identical with Vishnu XIII, 6 a. 

76. Minor Narada I, 8, 8. dharmam £aritam puwsam arubh&ni 
jubhani fa. I tvam eva deva ^anishe na vidur y4ni manavaA 11 

76 b is identical with Vishmi XIII, 6 b. 

77. Identical with Vishwu XIII, 7. 

78. Nepalese Narada. iti mantraw paA4et tatra vidhini vishabha- 
ksha»e (vibhakshane MS.). 

79. Tod. ta#» vuuddham iti gHixvi rS^a satkn'tya mo^ayet I 
vrikkai/i praklraye^ iainam esha dharmo vyavasthita^ II 

80. Vh-am. p. 278, where this text is preceded by two texts 
identical with Narada I, 24, 327, 328 (above, p. 116). 

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religion) in the presence of the deities and Brah- 

8 1. Having called near the person accused, (the 
judge) should place him inside the circle and cause 
him to swallow three handsful of water, after having 
caused him to face the sun. 

82. After having worshipped that deity (to which 
the accused is devoted, the judge) should wash (the 
image of that deity) with water, proclaim his 
crime, and cause him to swallow the three handsful 
of water. 

83. When some one drinks consecrated water of 
his own accord, after having been charged with a 
crime, and does not confess his guilt, actuated by 
avarice, such a wicked man will become a leper (in 
a future birth). 

84. When a man tells a lie knowingly and inten- 
tionally, after having drunk consecrated water, he is 
born as a poor, sick, or foolish person in seven (suc- 
cessive) existences. 

85. When a man administers the (ordeal by) sacred 
libation by force to procure some advantage to 
himself, it will destroy himself, nor will his affairs 

86. When a man has been convicted (by this 

81. M. Macn. X, 6, 8 (uncertain); V.T. The circle has to be 
made with cowdung. M. 

82. Vtram. p. 279. 

83. Vtram. p. 279 ; Smr»'ti£. I read, with the latter work, yaA 
kar^id dushito naraA, ' after having been charged with a crime,' in- 
stead of na kva&d dushito naraA, 'without having been charged with 
a crime ' (Viram.). 

84. 85. Ibid. 

86. Minor Narada 1,9,5. vibh&vitaw sadSpyaA syad dhaninS tusva- 
yam dhanam I rin&k £a dvigunaw dd.nda.rn ra^a dharmena dapayet 11 

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ordeal) he may be compelled by his creditor him- 
self to repay the debt proved against him, and the 
king may exact from him with justice a fine amount- 
ing to twice as much as the debt. 

VII. Miscellaneous Laws. 

1 . (Because fathers desire offspring, to be released 
from debt by their sons), therefore should a son be- 
gotten (by his father) give up his own property and 
assiduously redeem his father from debt, lest he 
should go to hell. 

2. The interest is unlimited on thread, cotton, 
substances from which spirits may be extracted, tin, 
lead, weapons of all sorts, skins, copper, iron, 

3. And all other articles of this kind, as well as 
bricks. This has been declared by Manu Pra^apati. 

4. On oil of every sort, on intoxicating drinks, 
on honey, on butter, on sugar, and on salt, the 
interest shall cease when it reaches eight times the 
original amount. 

5. The debts of sick, mad, overaged, or long absent 
persons : such debts should be discharged by their 
sons even while such persons are alive. 

6. A wife, a daughter-in-law, a grandson's wife, 
and the presents bestowed on a wife (which consti- 
tute her separate property) : if a man takes any of 
these, he shall be made to pay the debts (of such 

VII, 1. Viram. p. 340; Minor Narada I, 3, 5. See Nirada- 
smrrti, p. 47, note. 
2-4. Minor Narada I, 4, 34, 35. See Narada-smnti, p. 77, note. 

5. Minor N£rada I, 3, 15. See N&rada-smrAi, p. 50, note. 

6, 7. Minor Nirada I, 3, 22, 23. See Narada-smr/'ti, pp. 53, 
54, note. 

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women) ; and so shall he who lives on the landed 
property (of a stranger). 

7. It is on the wife that the performance of reli- 
gious acts depends in all (four) castes, one after the 
other. He who takes the wife of a man, takes his 
property (and debts) as well. 

8. Females are not entitled to bestow gifts, or to 
sell property. It is only while she is living together 
(with her family), that a woman may enjoy (the 
family property)., 

9. It is by permission (of the owner) only that a 
female slave, cattle, or an estate may be enjoyed 
(by a stranger). He who enjoys that which had not 
been given up to him (by the owner), must pay for 
the (illegitimate) enjoyment of what he had been 

10. When a man forcibly enjoys property, such as 
a house, field, cow or the like, without authorization 
(from the owner), he deserves the same punishment 
as a thief. 

11. He who uses a bull, or a milch-cow, or a boat, 
or a female slave, without authorization (from the 
owner), shall pay four Pa«as (as a fine). 

8. Minor Narada I, 3, 28. See Nirada-smrrti, p. 56, note. 

9-15. Smr/'tW. uddish/am eva bhoktavyaw strt pajur vasudhSpi 
\i I anarpitaa? tu yo bhunkte bhuktabhogam pradSpayet 11 anuddi- 
shiam tu yad dravyaw vasakshetragavSdikam I svabalenaiva bhuft- 
ginas £oravad daWam arhati II ana</vaha«t tatha dhenu/K navaw 
disim tathaiva ka I anuddish/aw tu bhuw^ano dady&t pa»a£atu- 
sh/ayam 11 dast nauka tatha dhuryo bandhakam nopabhu^yate I upa- 
bhokta tu tad dravyaw? pawair eva vuodhayet 11 divase dvipawam 
dasim dhenum ash/apa«aw tathk I trayodaram anaoVaham as\am 
bhfimiw ka shodasa. II naukam as warn ka dhenum ka langalaro karmi- 
kasya ka I balltkarewa yo bhunkte dapy&r /&sh/agu«a»i dine II 
ulukhale pandrdham tu musalasya pawadvayam I surpasya ka 
pa»ardha»» tu ^aiminir munir abravtt ll 

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12. A female slave, a boat, a beast of burden, and 
a pledge is not lost (to the owner) by adverse pos- 
session. The possessor is bound to give a compen- 
sation in money for his enjoyment of them. 

1 3. (Let him give) two Pa«as a day for the use of 
a female slave ; eight Pa«as for the use of a milch- 
cow ; thirteen for the use of a bull ; sixteen for the 
use of a horse or of an estate. 

14. He who forcibly enjoys a boat, a horse, a 
milch-cow, or the plough of an agriculturist, shall be 
made to pay eight times (their value) each day. 

1 5. (For the use) of a mortar, half a Pa»a ; for 
the use of a pestle, two Pa«as ; for the use of a 
winnowing basket, half a Pa«a. Thus has the sage 
Gaimini declared. 

16. A deposit which has been entrusted to a 
friend, is called a deposit based on confidence. 

17. Should a man, after entering the order of 
religious ascetics, violate the duties of his order, the 
king should cause him to be branded with a dog's 
foot and banish him quickly (from his realm). 

18. These two persons are (as contemptible as) 
Aa»dalas for their acts, and should be kept entirely 
apart from the world: one who has forsaken the 
order of religious ascetics, and one who has entered 
an order prohibited in law. 

19. He is called Guru (a teacher) who instructs his 
pupil, duly addressing him in Prakrit or Samskrtt, 
or employing a local or other dialect 

16, 17. Viram. pp.406, 407. 

18. Smrrttt. dviv eva karma&uwfolau loke d&rabahishkrt'tau 
pravra^yopanivrt ttar ia. vrriha pravra^itar to. yah 11 

19. Vlram. p. 7a. 

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20. When a quarrel has arisen between prosti- 
tutes and the lovers frequenting their house, the 
principal prostitutes and the lovers shall decide the 
dispute in common. 

21. If other persons (than the neighbours) should 
give false evidence in a dispute concerning land, 
such low persons shall be condemned to pay the first 
fine each in his turn. 

22. A boundary is declared to be of five sorts, as 
it may be either marked by signs (such as trees), or 
by water (of a river), or by articles deposited under- 
ground, or subject to no quarrel (being determined 
by consent of both parties), or fixed by royal com- 

23. After having traced those (robbers) with the 
aid of able spies acquainted with their habits, he shall 
avoid frightening them, and shall cause them to be 
arrested by officials secretly set upon them. 

24. It is not from the air, from the sky, from the 
sea, or from other (such parts) that robbers will 
come ; therefore one should act thus. 

25. (The king) shall endeavour to inveigle (thieves 
and robbers) through cunning spies who are anxious 
to catch thieves. Other skilful and reliable persons 
also, artful talkers and former thieves, shall (be ap- 
pointed to) detect the thieves. 

26. By giving them wealth and valuable presents, 


20. Viv. p. ro2 ; Col. Dig. Ill, 1, 98 ; Ratn. p. 167. 

2i. VJram. p. 459 ; Ratn. p. 212. ' Other persons,' i. e. hunters, 
foresters, and so forth. This text comes in between Narada XI, 
7 and 8. 

22. Ratn. p. 214; Viram. p. 452. 23. Ratn. p. 292. 

24. Ratn. p. 335. This text should come in immediately after 
Narada XIV, 25. 

25-29. Ratn. p. 337. Read fouryapadejau £a in 26. 

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by causing them to attend at public shows and fes- 
tivals, and by pretending intended robberies, they 
shall cause (the thieves) to assemble together. 

27. Those who fail to make their appearance on 
such occasions, though skilful spies have been set on 
them, shall be arrested together with their sons, 
kinsmen, and relatives. 

28. He shall then arrest the thieves after having 
convicted and enticed them (to make their appear- 
ance), and shall inflict capital punishment on them 
in various ways, after having proclaimed (their deeds) 

29. Innocent persons also are seen to mingle with 
thieves (occasionally) ; let not the king inflict punish- 
ments indiscriminately on such. 

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The fragments of Br*haspati are among the most precious 

relics of the early legal literature of India. Apart from 

Importance of their intrinsic value and interest, as containing 

Brihaspati. a verv f u u exposition of the whole range of the 
Hindu law, their close connexion with the Code of Manu 
gives them a special claim to consideration, and renders 
them a valuable link in the chain of evidence 1 by which 
the date of the most authoritative code of ancient India 
has been approximately determined 2 . 

The connexion between the Manu and Brihaspati Smr j'tis 
appears first from the way in which Brthaspati refers to, 

He refers to and quotes from, the Code of Manu. In the 
Manu. chapter on Gambling and Betting, Brihaspati 
says (XXVI, i), ' Gambling has been prohibited by Manu, 
because it destroys truth, honesty, and wealth. It has been 
permitted by others, when conducted so as to allow the king 
a share (of every stake).' The observation that Manu dis- 
agrees with the other legislators as to the permissibility of 
gambling is perfectly just. See Manu IX, 221-228 ; Ya^wa- 
valkya II, 199-203; Apastamba II, 25, 12, 13; Narada 
XVII, 1-8 ; Katyayana XXV, 1. BWhaspati goes on to say 
(XXVI, 2) that 'Gambling shall take place under the super- 
intendence of keepers of gaming-houses, for the purpose of 
discovering thieves.' This rule agrees almost literally with 
Ya^Savalkya II, 203, and the fact that Brthaspati does not 
refer to Ya^wavalkya by name, although he names Manu, 
can only be accounted for by his very particular veneration 
for the latter, as the fountain-head of Sacred Law. — On the 

1 Buhler, The Laws of Manu (Sacred Eooks of the East, vol. xxv), pp. cviii-cx. 

* What follows up to p. 275 has been reprinted, with modifications and 
additions, from a paper on ' Manu and Brihaspati,' in the first volume of the 
Vienna Zeitschrift f. d. Kunde d. Morgenlandes, pp. 275-280. 

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subject of weights or coins, Brthaspati says (X, 10), 'The 
quantities beginning with a floating particle of dust and 
ending with a K£rshapa«a have been declared by Manu.' 
The statements of Manu which are thus referred to by 
BWhaspati may be found, Manu VIII, 132-137. — In 
speaking of the Niyoga or appointment of a widow to raise 
offspring to her deceased husband, Brzhaspati says (XXIV, 
12), 'The Niyoga has been declared by Manu, and again 
prohibited by the same ; on account of the successive 
deterioration of the (four) ages of the world, it must not 
take place (in the present or Kali age)/ This text shows 
that the conflicting statements of Manu (IX, 57-68) with 
regard to the Niyoga, which have been the matter of so 
much comment among European philologists, had already 
struck his follower Brthaspati, and were ingeniously ex- 
plained by him, in accordance with the practice of his own 
times. — In the chapter on Inheritance (XXV, 33), Brmaspati 
observes that out of the thirteen sons declared by Manu, 
a legitimate son of the body (aurasa) and an appointed 
daughter (putrikd) are the only ones that represent real 
issue. It is true that Manu (IX, 158, 180) speaks em- 
phatically of twelve sons only, but the appointed daughter 
or her son is not among these, and he advocates in strong 
terms the rights of an appointed daughter's son (IX, 1 27- 
140), and cuts down very much the rights of all the other 
substitutes for a son (IX, 180, 181). This shows that 
Brthaspati's rules on this head are perfectly in keeping 
with the teaching of Manu. — In the chapter on Sale with- 
out Ownership (XIII, 1) he refers to Manu (VIII, 197) 
by the name of Bhrtgu. 

Secondly, in a number of other instances, the Code of 

Manu, though not appealed to by name, is neverthe- 

Indirect less distinctly referred to by Brthaspati. Thus, 

references. ' m t h e chapter on Inheritance (XXV, 79), he 
observes that ' those by whom clothes and so forth have been 
declared impartible have not decided properly.' The well- 
known versus memorialis concerning impartible property, 
the contents of which are further discussed in the sequel by 
Br/haspati, occurs both in the Code of Manu (IX, 219) and 

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in the Vishwu-smrrti ; and it may be presumed either that 
the authors of these two works are the authorities referred to 
by Brz'haspati, or that Manu is referred to in the plural is 
maj est at is, as is often the case with teachers. The reason 
why Manu is not referred to by name may be sought in 
the fact that Bn'haspati does not care to openly avow his 
dissent from so eminent an authority. — In the chapter on 
Debts, BnTiaspati remarks (XI, 4) that interest is divided 
into four species by some, into five by others, and by others 
again into six sorts. Four sorts of interest are mentioned 
by Manu, VIII, 153. — In the chapter on Inheritance (XXV, 
35), he declares that an appointed daughter or her son has 
been pronounced equal to a legitimate son of the body. 
The rights of an appointed daughter, as shown before, are 
laid great stress upon by Manu, and he actually states that 
an (appointed) daughter is equal to a son (IX, 130). 

Thirdly, Brihaspati, even when not expressly referring 
to Manu, presupposes throughout an acquaintance with 

Comments on his c °de, and a very large portion of his 
Manu. Smriti is devoted to the interpretation of 

technical terms or to the elucidation or amplification 
of the somewhat laconic enunciations of Manu. Thus, 
for example, in the chapter on Debts (XI, 5-1 1), he 
explains, comments on, and amplifies the four sorts of 
interest mentioned by Manu (VIII, 153). In the same 
chapter (XI, 55-58) he interprets the curious terms used 
by Manu (VIII, 49) to denote the various modes of re- 
covering an outstanding debt. In the chapter on Sale 
without Ownership (XIII, 2), he explains the technical term 
asvamin, ' another person than the owner,' which had been 
first used by Manu. From the general maxim of Manu 
(VIII, 2, 11) that the allotment of shares among partners in 
any undertaking shall be arranged in the same way as for a 
company of officiating priests, Brz'haspati (XIV, 20-32) has 
developed a series of elaborate rules regarding partnership 
in tillage, workmanship, trade, musical performances, and 
robbery. In the same way, the threefold law of breach of 
promised obedience, non-payment of wages, and disputes 
between the owner of cattle and his servants has been 
[33] T 

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274 B/tfHASPATI. 

developed by Brzhaspati (XVI, i, 2) from Manu's two titles 
of non-payment of wages and disputes between master and 
servant. An analogous course of development may be 
observed in the chapters on Ordeals, Resumption of Gift, 
and Violation of Agreements, as compared to the scanty 
provisions of Manu (VIII, 114-116, 212-214, 218-221) on 
the same subjects. In the chapter on Boundary Disputes, 
Manu's technical term maula, ' an original inhabitant of a 
place,' is interpreted by Brchaspati (XIX, 1 2). It would be 
easy to multiply examples. One more analogy between 
the Manu and Brthaspati Smn'tis seems to be specially 
deserving of notice. Both agree in arranging the whole 
field of legal controversies under eighteen heads, and it 
appears from the introductory verses to several chapters 
(XII, 1 ; XIII, 1 ; XV, 1 ; XVI, 1 ; XVII, 1, &c.) that B«has- 
pati was anxious to discuss the eighteen titles of law in the 
same order as Manu. Nevertheless, he applies an interesting 
new principle of division to the eighteen titles of law by 
distinguishing fourteen titles relating to civil law, and four 
titles relating to criminal law (II, 3-9), and introduces a 
number of subdivisions (II, 2, 10 ; XVI, 1-3 ; XXII, 1, 2). 

Fourthly, Brzhaspati declares emphatically that any 
Smriti text opposed to the teaching of Manu has no 
validity (XXVII, 4). 

Under these circumstances the tradition preserved in the 
Skanda-purana that there are four versions of the Code of 
Manu, by Bhrtgu, Narada, Brzhaspati, 
and Angiras, acquires a peculiar significance. 
Taking the version attributed to Bhr *'gu to be identical with 
the Code of Manu, the soi-disant composition of Bhngu, 
it is impossible to doubt its connexion with the Narada 1 
and Brzhaspati Smr/tis. It is but natural to find, therefore, 
that Narada and Brzhaspati agree very closely inter se, 
as e. g. in adding a title called ' Miscellaneous ' to Manu's 
eighteen titles of law (Brzhaspati XXVII, 1), in enumerating 
and describing three sorts of proof, eleven or twelve kinds 
of witnesses, eight or ten ' members of a lawsuit,' four parts 
of a judicial proceeding, four sorts of answer in a suit, 

1 See above, Introduction to Narada. 

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various ' defects of a plaint,' three kinds of officiating priests, 
four species of gifts, four divisions of violence (sahasa), five 
modes of recovery of a debt, &c. Many other analogies 
between the two works may be gathered from a mere 
cursory comparison of their contents ; they agree par- 
ticularly in the use of many technical terms. One of these, 
the designation of a gold coin by the Roman or Greek 
term dinar a, i.e. denarius (X, 15), is an important test 
for the date of both works, and compels us to refer the 
earlier date of the composition of Br*haspati's law-book to 
the first century A. D., the period to which belong the 
earliest Indian coins corresponding in weight to the gold 
denarius of the Romans 1 . As regards the lower limit, 
one might feel inclined to assign an earlier date to Brihas- 
pati than to Narada, on the ground of his being a faithful 
follower of Manu in a far higher degree than is Narada, 
who differs from Manu on such important points as the 
names and order of several titles of law, the legitimacy of the 
Niyoga, &c. 2 Nevertheless, the enlightened views of Bri- 
haspati on the subject of women's rights 3 , and the advanced 
character of his teaching generally, render it probable that 
his learned composition belongs to a somewhat more recent 
period than the Narada-smrtti. 

The fact that Br*haspati was considered an inspired 
writer by the very earliest commentators of law-books, 
such as e.g. by Medhatithi (ninth century), proves him to 
have preceded those commentators by several centuries. An 
analogous result may be obtained by comparing the laws of 
Bnhaspati with the corresponding portions of the Burmese 
The Dhammathats, the Buddhist Indian originals 

Dhammathats. f w hich, according to Dr. Forchhammer, 
were composed in the seventh, eighth, and ninth centuries. 
The coincidences between Br/haspati and the Dhammathats 
are both numerous and striking 4 . It may be added that 

' West and Biihler, Digest of the Hindu Law,I, p. 48; Jolly, Tagore Lect.p. 56. 

* See above, Introduction to Narada. s Jolly, Tagore Lectures, pp. 193, 241 . 

* Several coincidences between Brthaspati and the Wagaru, the earliest 
law-book of Burma, have been collected by Dr. Forchhammer, Jardine Prize 
Essay, PP- 55, 57. 58. For other examples, see Dr. Forchhammer's edition of 
th Wagaru, pp. 12 (gifts), 36 (twelve witnesses), &c. 

T 2 

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the judicial proceeding described in the well-known drama 
1/LrikkAaka.tika. corresponds to the rules laid down by Bri- 
haspati, as has been shown elsewhere. For all these reasons, 
the composition of the Brjhaspati-smnti cannot be referred 
to a later period than the sixth or seventh century A.D. 

Hitherto, those texts of BrzTiaspati have been entirely left 
aside which relate to other parts of the sacred law than Civil 
and Criminal Law and Procedure. Hemd- 
e pons -a. jri's A"aturvargai&iiit4ma«i, Devft«d!abha//a's 
Smrz'tiyfcandrika, and most other standard Dharmanibandhas 
contain a number of texts of Bnhaspati on Dana, Vrata, Pra- 
yar£itta, and all other parts of the religious law. However, 
an examination of these texts has yielded no definite result, 
and they are not sufficiently numerous by far to admit of re- 
constructing the purely religious portion of the ancient Bri- 
haspati-smrtti from them. Nor is it at all improbable that 
the legal texts of Br/haspati may have formed an independent 
work from the outset, just like the Narada-smrzti, or like the 
Burmese Dhammathats, in which forensic law was treated 
by itself, without any admixture of religious elements. 

The legal texts attributed to Brzhaspati are so numerous 

as to make up in their entirety a law-book which contains a 

full exposition of forensic law.hardly inferior 

Arrangement. ... » TA . . . ' . . . . ' 

in size to the Narada-smrrti. The principles 
on which the texts have been collected and arranged are the 
same as in the case of the Quotations from Ndrada. The 
preservation of the introductory texts to several titles of law, 
and the occurrence of many long series of consecutive texts 
of Brzhaspati in the Dharmanibandhas, facilitate considerably 
the task of arrangement, though the original position of 
many texts in Brthaspati's Dharmarastra must needs remain 
doubtful. For the chapter on Inheritance the following 
other works have been used, besides those consulted for the 
Quotations from Narada: G. Sarkar's translation of theVira- 
mitrodaya on Inheritance (V.); Dr. Burnell's Madhaviya and 
Varadara,£a ; Professor Buhler's edition of the U^gvala of 
Haradatta ; Haradatta's Gautamiya Mitakshara (MS.) ; 
Nandapan^ita's Vai^ayanti (MS.). 

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I. Constitution of a Court of Justice. 

i. In former ages men were strictly virtuous and 
devoid of mischievous propensities. Now that 
avarice and malice have taken possession of them , 
judicial proceedings have been established. 

2. A judicial assembly is declared to be of four 
sorts : stationary, not stationary, furnished with (the 
king's) signet-ring, and directed (by the king). The 
judges are of as many sorts. 

3. A stationary (court meets) in a town or village ; 
one not stationary is called movable ; one furnished 
with (the king's) signet-ring is superintended by the 
chief judge ; one directed (by the king) is held in 
the king's presence. 

4. The king, his chosen representative (the chief 
judge), the judges, the law (Smriti), the accountant 
and scribe, gold, fire, water, and the king's own 
officer are ten members of legal procedure. 

5. A .court of justice is composed of these ten 
members ; and a judicial assembly of this sort, in 
which the king examines causes attentively, is com- 
parable to an act of religion. 

1, 1. Vtram. p. 5. 3-10. Smrrtii. 

2, 3. Aparirka. pratishMitapratishMiti mudrita" jasita tathd I 
/fcaturvidha sablii prokta sabhylr laiva tathavidha^ II pratish/Aitd 
pure grime /Sail nimapratish/iita I mudritadhyakshasamyutl ra^-a- 
yukta Jba. .fasita 11 The SmrcuMandrild reads jastritd, ' governed by 
the science of law,' for s&shi, ' directed.' 

4-10. Viram. pp. 41, 42. 

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278 BR/HASPATI. 1,6. 

6. The office of these ten (members) is separately 
declared for each. The chief judge decides causes ; 
the king inflicts punishments; the judges investi- 
gate the merits of the case. 

7. The law furnishes the decree, whether victory 
or defeat ; gold and fire serve the purpose of ad- 
ministering ordeals; water is required for persons 
suffering from thirst or hunger. 

8. The accountant should compute the sum (in 
dispute) ; the scribe should record the proceedings ; 
the king's own officer should compel the attendance 
of the defendant, assessors, and witnesses. 

9. And he should constantly keep both the plaintiff 
and defendant in custody, if they have given no 
sureties. Of these members (of a court of justice) 
the king is the head ; the chief judge is the mouth; 

10. The judges are both arms; the law is both 
hands ; the accountant and the scribe are the legs ; 
gold, fire, and water are the eyes and the heart ; and 
the king's own officer is the feet. 

11. That judicial assembly is equal (in sanctity) to 
a sacrificial meeting in which there sit seven or five 
or three Brahmans, who are acquainted with the 
world, with (the contents of) the Veda, and with law. 

12. In a controversy he examines the (plaint in) 
question and the answer ; he speaks gently at first 

11. M. Macn. 1, 1, 11. 

12. Vfram. p. 37. If the reading be correct, a double etymology 
of the term pra</vivaka, ' a judge,' is propounded in this text : (1) he 
who asks or examines (pr«H4ati) and afterwards decides (vadati) ; 
(a) he who speaks gently at first (prig vadati). There is another 
reading, pravadati for prag vadati, under which the former ety- 
mology is the only one propounded in this text. It is beyond 
doubt the true etymology. 

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(prag vadati). Therefore he is called PraaTvivaka 

13. Men qualified by the performance of devo- 
tional acts, strictly veracious and virtuous, void of 
wrath and covetousness, and familiar with (legal) 
lore, should be appointed by the ruler as judges (or 
assessors of the court). 

1 4. Two persons thoroughly familiarwith grammar 
and vocabulary, skilled in (the art of) computation, 
honest, and acquainted with various modes of writ- 
ing, should be appointed by the king as accountant 
and scribe (respectively). 

15. A veracious man, who pays obedience to the 
judges, should be appointed (by the king) as his own 
officer, to summon and to keep in custody the 
witnesses, plaintiff, and defendant. 

16. The king should sit facing the east; the 
judges, facing the north ; the accountant, facing the 
west ; and the scribe, facing the south. 

1 7. The king should cause gold, fire, water, and 
codes of the sacred law to be placed in the midst of 
them, also (other) holy and auspicious things. 

18. In the middle of his fortress, he should build 
a house, with water and trees adjacent to it, apart 
(from other buildings), and let him use as court of 
justice (a room situated) on the eastern side of it, 
properly constituted and facing the east, 

19. Furnished with garlands and with a throne, 

13. Apar&rka. s&dhukarmakriy&yuktiA satyadharmapar&yawa^ I 
akrodhalobhli s&stragii&A sabhy&A kirya" mahibhv^a 11 

14, 15. Viram. p. 42. 15, 16. May. p. 4 (Mandlik).' 

1 7. SmritiA. hiranyam agnim udakaw? dharmaj£stra»i £aiva hi I 
tanmadhye sth&payed ra£& puwyini ia, hitani la II 

18, 19. VJram. p. 10. The epithet tekshanyim, ' properly con- 

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280 BR/HASPATI. 1, 20. 

supplied with grain, (decorated) with jewels, adorned 
with statues, pictures, and images of deities, and 
(provided) with fire and water. 

20. Let the king try causes, attended by three 
judges, after having entered the excellent judicial 
assembly, in a sitting or standing posture. 

21. The king having risen early in the morning 
and performed ablutions according to rule, and 
having shown due honour to Gurus (persons entitled 
to respect), astronomers, physicians, deities, Brah- 
mans, and domestic priests, 

22. And having saluted the Gurus and the rest, 
should enter the court-room, decorated with flowers, 
ornaments, and (fine) clothes, with a cheerful coun- 

23. Having entered the judicial assembly in the 
forenoon, together with the seniors, ministers, and 
attendants, he should try causes and should listen 
to (the expositions of) the Pura»as, codes of law, 
and rules of polity. 

24. Let the king or a member of a twice-born 
caste officiating as chief judge try causes, acting on 
principles of equity, and abiding by the opinion of 
the judges, and by the doctrine of the sacred law. 

stituted,' means 'constructed according to the rules of architecture.' 

20. Smritik. T&g& k&ry&ni sawpajyet sabhyair eva tribhir. \ritzh I 
sabhdzw eva pravijyigrySm Ssina^ sthita eva v& 11 Nearly identical 
with Manu VIII, 10. 

21, 22. Sm/Tti£. prStar utthaya nr/patiA sa.uAa.rn kr?tv& vidha- 
nataA I guru# ^yotirvido vaidyin devan viprSn purohitan 11 yatMr- 
ham et£n sawpu^ya sapushp&bharaw&mbaraA I abhividya fogurvadin 
sumukhaA praviret sabha'm 11 

23. May. p. 5. 

24. SnWti/J. T&g£ kirySwi sawpajyet prdrfvivako»thava dvigaA I 
ny&yi^iny agrataA krrtvS. sabhyajdstramate sthita^ II 

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25. For persons roaming the forest, a court 
should be held in the forest ; for warriors, in the 
camp ; and for merchants, in the caravan. 

26. Cultivators, artizans (such as carpenters or 
others), artists, money-lenders, companies (of trades- 
men), dancers, persons wearing the token of a 
religious order (such as P&mpatas), and robbers 
should adjust their disputes according to the rules of 
their own profession. 

27. (The king) should cause the disputes of 
ascetics and of persons versed in sorcery and witch- 
craft to be settled by persons familiar with the three 
Vedas only, and not (decide them) himself, for fear 
of rousing their resentment. 

28. Relatives, companies (of artizans), assemblies 
(of co-habitants) and other persons duly authorized 
by the king, should decide lawsuits among men, ex- 
cepting causes concerning violent crimes (sahasa). 

29. (Meetings of) kindred, companies (of artizans), 
assemblies (of co-habitants), and chief judges, are 
declared to be resorts for the passing of a sentence, 
to whom he whose cause has been previously tried 
may appeal in succession. 

30. When a cause has not been (duly) investi- 
gated by (meetings of) kindred, it should be decided 
after due deliberation by companies (of artizans) ; 
when it has not been (duly) examined by companies 
(of artizans, it should be decided) by assemblies (of 
co-habitants) ; and when it has not been (sufficiently) 
made out by such assemblies, (it should be tried) by 
appointed (judges). 

25. May. p. 4. 26, 27. Vtram. p. 30. 

28-32. Viram. p. 40. 

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282 BR7HASPATI. I, 31. 

31. Judges are superior in authority to (meetings 
of) kindred and the rest ; the chief judge is placed 
above them ; and the king is superior to all, because 
he passes just sentences. 

32. The insight of princes surpasses by far the 
understandings (of other persons), in the decision of 
the highest, lowest, and middling controversies. 

33. They who are ignorant of the customs of the 
country, unbelievers, despisers of the sacred books, 
insane, irate, avaricious, or troubled (by pain or 
illness) should not be consulted in the decision of a 

34. A Brahman is the root of the tree of justice ; 
the sovereign prince is its stem and branches ; the 
ministers are its leaves and blossoms ; just govern- 
ment is its fruit 

35. Renown and wealth are the sap of its fruit ; 
a dignified station, invincibility, esteem among men, 
and an eternal residence in paradise is enjoying its 

36. Having recognised these advantages in (the 
pursuit of) justice, a king should be equitable towards 
litigants, and should pass a just sentence, discarding 
avarice and other (evil propensities). 

II. General Rules of Procedure. 

1. This legal procedure is declared, however, to 
be divided into a number of branches. Hear, now, 

33. Smr;ti£. desii&T&nabhigH& ye nastikiA sistxamrgiliA I 
unmattakruddhalubdhartd na prash/avy& vinirwaye 11 

34-36. Vlram. p. 14. Read bhogo*tha grahap%anam in 35; 
vivadinam I tyaktvd lobhidika/w ra^A dharmyaw in 36. 

II, 1, 2. Viram. p. 292. 

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its various divisions which may become the causes of 

2. I will proclaim in due order, according to truth, 
(the titles of law) beginning with the recovery of a 
debt and ending with (the title of) gambling with 
dice and betting on animals, as well as the sub- 
divisions of the titles of law. 

3. When a master pays wages to the labourers 
hired by him, for the purpose of doing work, and the 
labourers do not work, a lawsuit will arise in con- 

4. When any man injures (another), or when he 
refuses to give what he ought to give : such are the 
two principal motives for going to law. Their sub- 
divisions are manifold. 

5. Lawsuits are of two kinds, according as they 
originate in (demands regarding) wealth or in injuries. 
Lawsuits originating in wealth are (divided again) 
into fourteen sorts ; those originating in injuries are 
of four sorts. 

6. Lending money at interest ; deposits (and 
treasure-trove) ; (the title) called invalid gifts ; con- 
cerns of a partnership ; non-payment of wages ; dis- 
obedience ; disputes concerning land ; sale without 
ownership ; 

7. Revocation of sale and purchase ; breach of 

3, 4. Smritii. praya£Me£ fed bhr»'tu» svamf bhrrtyana»» karma 
kurvatam I na kurvanti £a bbrityis ket tatra vidaA pravartate 11 
hiffisim yo kurute kar£id deyaw va na prayaiMati I dve hi sthine 
vivSdasya tayor bahutara gatiA 11 

5-9. SmritiA. dvipado vyavahiraA sySd dhanahiwsasamud- 
bhavaA I dvisaptako'rthamftlas tu bimsamular £aturvidhaA II kusida- 
nidhyadeyakhya/n sambhfiyotth&nam eva £a 1 bhrilyadanam asn- 
srtuahi bhflvado»svamivikrayaA 11 krayavikrayimuay&i samayatikra- 

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284 B.RJHASPATI. 11,8. 

agreements ; the law between wife and husband ; 
theft ; the law of inheritance ; and gambling with 

8. These are the fourteen titles of law that origi- 
nate in (demands regarding) wealth. There are 
again various subdivisions of them, owing to the 
diversity of lawsuits. 

9. The two kinds of insult ; violence ; and criminal 
connexion with the wife of another man : these 
have been declared by BWhaspati to be the four tides 
of law originating in injury. 

10. Each of them embraces again several different 
kinds, according as they are of a superior, middling, 
or of the lowest description. Thus are those four 
subdivided each in its turn. 

11. Those who understand the eighteen titles of 
law, as proclaimed in the law-books, to be at the root 
of all lawsuits, are intelligent men indeed. 

1 2. No sentence should be passed merely accord- 
ing to the letter of the law. If a decision is arrived 
at without considering the circumstances of the case, 
violation of justice will be the result. 

13. The issue of a lawsuit may convert a thief 
into an honest man, and an honourable man into an 

mas tatha I stripuwsayogaA steyaw ia, dayabhago«kshadevanam II 
evam arthasamutthSni padini tu £aturda;a I punar eva prabhinnSni 
kriy&bhedid anekadha li pSrushye dve sahasax ka. parastrfsaw- 
grahas tathS I hirasodbhavapadany evaw ^atvary Sha bnhaspatiA II 

10,11. Smritii. htnamadhyottamatvena prabhinnani pr/'thak 
pnthak I vijrcsha esMw nirdish/af foturwam apy anukramat 11 
padany ash/adaxaitani dharmarastroditani tu I mulam sarvavivadS- 
na\m ye vidus te parikshakSA 11 

12-14. Vfram. p. 18. See Nirada I, 1, 43, 71 (above, pp. 16, 
23). For the story of MaWavya, who was falsely charged with 
theft, see ibid. p. 16, note. 

Digitized by 



offender. Ma«davya acquired the reputation of a 
thief in consequence of a decision passed without 
considering the circumstances of the case. 

14. Dishonest men may seem honest, and honest 
men dishonest, so that wrong notions may be easily 
created ; therefore sentences should be passed after 
due consideration of the circumstances only. 

15. By killing an aggressor, a man does not 
commit sin by any means. He who takes the life of 
one approaching with intent to murder him is no 

16. If one abused returns the abuse, or if one 
struck strikes again, and kills the assailant, such a 
man commits no offence. 

17. He who refrains from killing an aggressor 
who abuses him aloud, and is ready to murder him, 
(because the aggressor) is a virtuous man (otherwise) 
and practices regularly the recitation of the Veda, 
obtains the same reward as for performing a horse- 

18. The judgment in a doubtful matter is declared 
to be of four sorts, according as it is based on moral 
law, or on the issue of the case, or on custom, or on 
an edict from the king. 

19. Each of these has been declared to be twofold 
by the sages, owing to the diversity of legal affairs. 

20. When the matter in dispute has been decided 
according to equity, after due deliberation, and 

15. Vtram. p. 24. 16. Raghunandana, p. 9. 

17. Vtram. p. 25. 

18. Viram. p. 8. See N&rada I, 1, 11 (above, p. 7). 

19-24. Viram. pp. 118, 119. I read, with Smr»li&, divyair v4 
jodhita/; in 21 ; pram&naim/fcito in 22 ; and pramiwarahita in 24. 
20, 21. The first kind is when the truth has been duly asccr- 

Digitized by 


286 Btf/HASPATI. II, ai. 

thoroughly examined by means of oaths (or ordeals), 
it should be known to be a judgment based on 
moral law. 

21. When the defendant admits the accusation, 
or furnishes clear evidence of his innocence through 
performing an ordeal, it should be known to be 
another sort of a decision based on moral law. 

22. A sentence founded on an examination of the 
evidence is termed (a decision based on) the issue of 
the case. When (the defendant) tells a lie, or makes 
no answer, it is also termed (a decision based on 
the issue of the case). 

23. When a sentence is passed according to the 
inference (to be drawn from circumstantial evidence), 
it is termed (a decision based on) custom. When it 
is passed according to local usages, it is termed 
another sort (of a decision based on custom) by the 
learned in law. 

24. A decision based on an edict from the king 
is ordained, first, for those cases in which no evidence 
is forthcoming. When the law-books or the judges 
are at variance with one another, the second sort (of 
this species of decisions) is said to be applicable. 

25. When a sentence is passed exclusively ac- 
cording to the letter of the law, it should be con- 
tained and a sentence passed accordingly. The second kind is 
when no examination of the facts takes place, the question being 
settled either through a confession on the part of the defendant, or 
through the performance of an ordeal. Smr»ti£andrik£. 

22. The evidence here referred to can be human evidence only, 
i. e. the deposition of witnesses, documents, or possession, divine 
test being referred to in the two preceding texts. SmrAW. 

23. ' Inference,' such as when a man is caught with a firebrand in 
his hand. Smr/'tii. See N&rada 1, 18, 172-175 (above, pp. 85, 86). 

25-27. Viratn. pp. 120, 121. 

Digitized by 



sidered as (a decision based on) the issue of the 
case. Moral law is overruled by it. 

26. When a decision is passed in accordance with 
local custom, logic, or the opinion of the traders 
(living in that town), the issue of the case is over- 
ruled by it 

27. Where the king, disregarding established 
usage, passes a sentence (according to his own in- 
clination), it is (called) an edict from the king, and 
local custom is overruled by it. 

28. The time-honoured institutions of each coun- 
try, caste, and family should be preserved intact; 
otherwise the people would rise in rebellion ; the 
subjects would become disaffected towards their 
rulers; and the army and treasure would be de- 

29. The maternal uncle's daughter is taken in 
marriage among the twice-born inhabitants of the 
South. In the central country (Madhyadesa), they 
become labourers or artizans, and eat cows. 

30. The inhabitants of the East are fish-eaters, 
and their women engage in promiscuous intercourse. 
In the North the women take intoxicating drinks, 
and in their courses have intercourse with men. 

31. The people of Khara marry the widow of a 
brother who has died. These men are not subject 
to the performance of a penance or to punishment 
on account of any such offence. 

32. Thus has legal procedure with its manifold 

28-31. Vfram. p. 29; May. p. 5. I read pftrve for sarve in 30, 
with Mayftkha, Kalpatara, and other compilations. Baudhiyana I, 
2, 1-7. 

32. Smritik. evaw £&nekadha prokto vyavaharo manishibhi/5 1 
tasya nirwayaknd i%a brahmawas kz bahurrutaA II 

Digitized by 


288 B/JJHASPATI. II, 33. 

ramifications been represented by the sages. The 
sentence in a legal controversy has to be passed by 
the king or by a Brahman thoroughly versed in the 

33. Against whomsoever an accusation has been 
raised, whether founded on fact or on suspicion, let 
the king summon that man either through (a letter 
signed with) his seal or through an attendant 

34. For one timorous, or idiotic, or mad, or over- 
aged, and for women, boys, and sick persons, a 
kinsman or appointed agent should proffer the plaint 
or answer (as their representative). 

35. When a man who has a family and relations 
does not appear before the court through pride after 
having been summoned, (the king or judge) should 
inflict on him punishment corresponding to the 
nature of the accusation. 

36. (The plaintiff) is not permitted to put under 
restraint a person engaged in study ; nor one about 
to marry; nor one sick ; nor one afflicted by sorrow; 
nor one insane ; nor an infant ; nor one intoxicated ; 
nor a very old man ; nor one charged with a crime ; 
nor one engaged in the king's service ; nor one per- 
forming a vow ; 

37. Nor a soldier at the time of battle; nor a 
husbandman at the time of harvest ; nor one in a 
perilous situation ; nor a (respectable) woman ; nor 
one not his own master, 

38. A king thus obeying the dictates of law in 
passing sentences, acquires widespread renown in 

33. Vfram. p. 52. 34. Vfram. p. 53. 

35. May. p. 8. 36, 37. Vfram. p. 56. 

38. Vfram. p. 125. 

Digitized by 


Ill, a. THE PLAINT. 289 

this world and becomes an associate of great Indra 
(after death). 

39. He who effects a perfect cure, by the applica- 
tion of surgical instruments smeared with the oint- 
ment of law, of persons blinded by ignorance, and 
whose eyes are veiled with a mist of doubt, 

40. Obtains fame and royal favours in this world 
and a residence in heaven. Therefore should a 
decision be passed for those who are blinded by 

41. An officiating priest and one entrusted with 
the trial of causes are declared to be equal. In a 
sacrifice, the sacrificer acquires religious merit ; in a 
lawsuit, (the parties obtain) defeat or victory. 

42. He who, divesting himself of avarice, hatred, 
and other (evil propensities), passes sentences ac- 
cording to the dictates of law, obtains the same 
reward as for the performance of a sacrifice. 

III. The Plaint. 

1. The part called the declaration; the part called 
the answer ; the part called the trial ; and the part 
called the deliberation of the judges regarding the 
onus probandi: these are the four parts of a 
judicial proceeding. 

2. The plaint is called the (first) part ; the answer 
is the second part ; the trial is the third part ; and 
the judgment is the fourth part. 

39, 40. Raghunandana, p. 3. I read svargatim for sadgatim, 
with Smr/tU. 

41. Raghunandana, p. 7. 

4a. Smr/tU. lobhadvesbldikaw tyaktva yah kuryit kiryanirwa- 
yam 1 jastroditena vidhina tasya ya^tfaphalam bhavet ll 

III, 1, 2. Viram. pp. 59, 60. 

[33] V 

Digitized by 


290 BK7HASPATI. Ill, 3. 

3. In the case of a denial, (a judicial proceeding) 
consists of four parts; likewise, in the case of a 
special plea; the same rule applies to a plea of 
former judgment ; but in the case of a confession, it 
has two parts only. 

4. When plaintiff and defendant come together, 
each claiming to be first, their declarations should 
be received in the order of their castes, or after 
considering their respective grievances. 

5. Those acquainted with (the true nature of) a 
plaint declare that to be a (proper) plaint, which is 
free from the defects of a declaration, susceptible of 
proof, provided with good arguments, precise, and 

6. Brief in words, rich in contents, unambiguous, 
free from confusion, devoid of improper arguments, 
and capable of meeting opposite arguments ; 

7. When a plaint of this description has been 
proffered by the plaintiff, the defendant should tender 
an answer conformable to such plaint 

3. VJram. p. 59. 

4. Vtram. p. 60. ' When Brahmans and others have entered the 
judicial assembly simultaneously, the four parts of a judicial proceed- 
ing should be instituted in the order of their castes, the Brahman's 
cause being tried first of all by the king, then the Kshatriya's, and 
so on, in the order (of their castes). If the comparative importance 
or heaviness of the respective grievances of each party differs, the 
order in which the causes are tried is not made to depend either on 
the relative priority of each declaration, or on the respective caste 
of the parties. If they are all of equal caste, the relative priority of 
the declarations is taken into account. If the declarations have 
been simultaneous, and if the litigants are equal in caste, and their 
grievances are also equal, the order is made to depend on the choice 
of the judge and of the assessors of the court.' Viram. 

5-7. Raghunandana, p. 12. 

Digitized by 


Ill, 13. THE PLAINT. 29 1 

8. The above and other qualities (of a plaint) 
having been duly considered, a plaint (containing 
them) may be regarded as a proper plaint ; one not 
answering this description is a mere semblance of a 

9. That (plaint) which (mentions an act that) has 
never been done by anybody is called impossible ; 
one referring to a slight offence, or to a trifling sum, 
is called unmeaning ; one in which neither a demand 
nor a grievance is referred to, should be known to 
be purposeless. 

10. (Or) that plaint is unmeaning which does not 
concern one of the (fourteen) tides of law relating to 
the lending of money at interest and so forth ; and 
that plaint is purposeless which does not concern 
one of the (four) titles of law relating to insult and 
so forth. 

11. (When a claimant declares): This man is 
bound to give me a bow made of the horn of a hare, 
the wise declare such a plaint to be unreasonable 
and unsusceptible of proof. 

12. When the interests of a town or kingdom are 
violated by bringing a certain plaint before a chief 
judge or before the king, it is termed a plaint con- 
trary (to equity). 

1 3. When a man, (whether) acting as plaintiff (or 
as defendant), is forsaken by his strength on being 
about to make a statement in a suit, it is proper 

8. Smriiii. evamadi gun&n samyag alokya ka. sunur&tam I pak- 
shaA \n\aJi sam&deya/i pakshabh&sas tv ato*nyath& II 

9. Viram. p. 66. 

10. Viram. p. 67. Regarding the titles of law, see Br/haspati, 


11,12. Viram. p. 67. 13. Raghunandana, p. 11. 

U 2 

Digitized by 


292 B/UHASFATI. Ill, 14. 

that a delay should be granted to him, according to 
circumstances and according to his ability. 

14. Let him remove superfluous statements and 
amplify incomplete ones, and let him write down 
(everything) on the floor, till the (whole) matter has 
been definitely stated. 

15. The plaintiff is at liberty to alter his declara- 
tion, when it is defective or redundant, till the 
defendant has tendered his answer in the presence 
of the judges. 

16. When the plaintiff through timorousness does 
not dare to speak, it devolves on the judges to 
amend his declaration, according to the circumstances 
of the case. 

17. A charge founded on suspicion, (one founded 
on) fact, a petition regarding the recovery of a debt, 
and claiming a fresh trial of a cause previously tried : 
thus a plaint is represented as fourfold. 

18. The plaint is fourfold, and so is the answer; 
the judgment is declared to be of four kinds also ; 
by some it is represented as being of eight sorts. 

19. Suspicion is explained to mean doubt; fact is 
(said to be) an insight into the real nature of a 
matter ; a petition regarding the recovery of a debt 
is (plea of) error ; a fresh trial is the repetition of a 
previous trial. 

IV. The Answer. 

1. When the plaint has been well defined, a clear 
exposition given of what is claimed and what not, 
and the meaning of the plaint fully established, (the 

14. Vfram. p. 70. 15. Raghunandana, p. 14. 

16-19. Vfram. p. 71. IV, r. Vtram. p. 72. 

Digitized by 


IV, 8. THE ANSWER. 293 

judge) shall then cause the answer to be written (by 
the defendant). 

2. If the defendant does not make an answer 
fully meeting the contents of the plaint, he shall be 
compelled to pay by gentle remonstrances, and the 
other (two) methods (to be indicated directly). 

3. Kindly speeches are gentle remonstrances; 
intimidation is pointing out dangers ; force consists 
of depriving one of his property, or striking, or 
binding him. 

4. When a man makes no answer, though both 
(mild and harsh methods) have been adopted against 
him, he is defeated, and liable to punishment after 
the lapse of a week. 

5. When the defendant asks for a delay through 
(natural) timidity, or terror, or because his memory 
has been deranged, the delay shall be granted to 

6. He should be allowed (a delay extending to) 
one day, or three days, or five days, or seven days, 
or a fortnight, or a month, or three seasons (equalling 
six months), or a year, according to his ability. 

7. The insane and intoxicated, those abandoned 
by their relatives or friends, those charged with a 
heavy crime, idiots, persons cast off from society, 
and infants, should be considered unable to deliver 
an answer. 

8. One should not cause to be written an answer 

2-4. Vtram. p. 74. 5, 6. Viram. p. 138. 

7. Tod. unmattamattanirdhM mahdpitakadushitaA 1 ^adapa- 
viddhabalaj £a vi^/feyas te niruttaraA li Such persons should appoint 
an agent to deliver the answer in their place. • Tod. 

8. Smrt'ti£. prastutanyaw k& madhyastham nyun&dhikam asam- 
gatam 1 avydpyasaraw sa«digdha« pratipakshaw na lekhayet ll 

Digitized by 


294 BK7HASPATI. IV, 9. 

which wanders from the subject, or which is not to 
the point, too confined or too extensive, or not in 
conformity with the plaint, or not thorough enough, 
or absurd, or ambiguous. 

9. If (the defendant) confesses, he shall state his 
confession ; in the case of a denial, he shall cause 
(his denial) to be written ; and so (should he record) 
his special plea in an answer by special plea, and his 
previous victory in an answer by previous victory. 

10. A denial called forth by fear (of punishment) 
is contemptible in the eyes of men familiar with law; 
a true confession is declared to be meritorious. 

11. In a plea by victory in a former trial, a true 
statement is praised by the virtuous ; a false one is 
sinful and causes the defeat of the defendant. 

V. The Trial. 

. 1. When litigants are quarrelling in a court of 
justice, the judges, after examining the answer, shall 
adjudge the burden of proof to either of the two 

2. The judges having heard both the plaint and 
the answer, and determined to which party the 
burden of proof shall be adjudged, that person shall 
substantiate the whole of his declaration by docu- 
ments or other proofs. 

3. The plaintiff shall prove his declaration, and 

9-1 1. Tod. tathye tathya»» prayu^gita xtathy&y&m k&pi lekhayet t 
kara»azn kira«opete prSggaye tu g&y&m tathi 11 bhayadr*sh/odbhavS 
mithy£ garhiti fiistravedibhiA 1 satyS sawpratipattis tu dharmy& si 
parikfrtita ll prannyayakara«e tathyaw slighyzm sadbhir udahr/'tam I 
viparftam adharroyaw syit pratyartht hlnim Spnuyit 11 

V, 1-3. Vlram. pp. 92, 93. 

Digitized by 


V, 10. THE TRIAL. 295 

the defendant his special plea ; victory in a previous 
trial shall be proved by a document recording that 

4. When people try to excite fear, or to cause 
dissension, or terror (among the judges or witnesses), 
or to throw (other) obstacles in their way, such liti- 
gants lose their suit. 

5. One who absconds after receiving the summons; 
one who remains silent ; one convicted (of a crime) 
by the (depositions of) witnesses; and one who 
admits the correctness of the charge : such are the 
four losers of their suit. 

6. One who absconds loses the suit after three 
fortnights ; one who remains silent, after a week ; 
and one convicted by the witnesses, or confessing 
his crime, all at once. 

7. He who announces witnesses and does not 
produce them afterwards, within thirty days or three 
fortnights, suffers defeat in consequence. 

8. When a person has promised to appear at a 
trial or for the performance of an ordeal, and does 
not make his appearance, it must not be viewed as 

9. If an obstacle caused by fate or the king should 
intervene during that time, he does not lose his 
cause through the mere non-observance of the fixed 

10. Those (litigants) who make a private arrange- 
ment with one another, when the plaint and the 

4. Viram. p. 99. 

5. Vtram. p. 102. 6, 7. Viram. p. roa. 

8. Viram. p. 103. I read kr»tvopasthananw£ayam 1 with 

9. Viram. p. 103. 10. Viram. p. 103. 


Digitized by 


296 B*7HASPATI. V, II. 

answer have been delivered, and the judgment is 
about to be given, shall be compelled to pay twice 
the amount (in dispute) as a fine. 

11. When the plaint and the answer have been 
reduced to writing, and the trial has commenced, the 
two parties may be welded together like two pieces 
of red-hot iron. 

12. While both parties are in suspense there 
regarding the (approaching declarations of the) wit- 
nesses and judges, those litigants are clever who 
arrive at a mutual understanding while the uncer- 
tainty lasts. 

1 3. When the evidence is equally strong on both 
sides, and law and custom divided, in such a case a 
mutual reconciliation between the two parties through 
royal order is recommended. 

14. Gain of religious merit and wealth, and re- 
nown accrues to the ruler from an equitable decision ; 
the witnesses and assessors are exempt from censure, 
and enmity ceases, 

1 5. When an unfavourable or a favourable decree, 
punishment or praise, renown or infamy has been 
obtained ; whereas (continued) strife among men 
leads to sin. 

16. Therefore should an intelligent (prince) enact 
that which has been propounded by dutiful and 
equitable associations, corporations, and chief judges, 
(in an impartial spirit) devoid of malice and avarice. 

11-16. Vtram. p. 104. Read dvayoA sawtaptayoA in 11, with 

12. The translation follows the gloss of the Kalpataru, as quoted 
in the Viramitrodaya. The Ratnakara (ibid.) translates the first 
half as follows : ' When the witnesses and judges are at variance 
with one another.' 

Digitized by 



17. Evidence is declared to be twofold, human 
and divine. Each of these is again divided into a 
number of branches by sages declaring the essence 
of things. 

18. Human evidence is threefold, as it consists of 
witnesses, writings, and inference. Witnesses are of 
twelve sorts; writings are declared to be tenfold; 
inference is twofold ; divine test is ninefold. 

19. In the case of an answer of the first or third 
kinds, divine and human proof should be employed ; 
but in the case of an answer of the fourth kind, an 
attested document recording the success of either 
party should be produced. 

20. In the cases of a plea of former judgment and 
of a special plea, the defendant shall prove the con- 
tents of his answer ; but in the case of a denial, the 
plaintiff shall prove the contents of the plaint. 

VI. The Judgment. 

1. He is said to have gained his cause in this 
world who has proved his claim, and has been 
honourably dismissed by the chief judge and the 
other judges, and received a document recording his 

2. Punishment corresponding to the nature of the 
offence shall be ordained there (in the decree). 

17, iS. Vfram. p. no. 

19. Smr/tiA. prathame vi trztiye v& pramanam daivamanusham 1 
uttare sy&i £aturthe tu sasakshi ^ayapattrakam 11 An answer of the 
first kind is a denial ; an answer of the third kind is a confession ; 
an answer of the fourth kind is a plea of former judgment. 

20. SmrAi/fc. praftnyaye pratyavaskande pratyarthi sadhayet 
svakam I uttarartham prati^artham arthi mithyottare punaA II 

VI, 1. Raghunandana, p. 60. 2. Vlram. p. 124. 

Digitized by 


298 BK/HASPATI. "VI, 3. 

3. Whatever has been transacted in a suit, the 
plaint, answer, and so forth, as well as the gist of the 
trial, should be noted completely in the document 
recording the success (of the claimant or defendant). 

4. When the king gives the victorious party a 
document recording the plaint, answer, and trial, and 
closing with the sentence, it is called a document re- 
cording the success (of either party). 

5. When a man does not feel satisfied with a 
decision passed by meetings of kindred or other 
(resorts for the redress of wrongs), the king should 
revise the decision declared by them, and institute a 
fresh trial, if it should prove unjust. 

6. After having considered the matter in common 
with many Brahmans well versed in science, he 
should punish the wicked men, who were acting as 
judges in the former trial, together with the victorious 

7. One appointed by his master to look after his 
expenses and to superintend (transactions regarding) 
tillage, loans, and trade, is called a manager. 

8. Whatever has been transacted by him is valid, 
whether relating to receipt, non-receipt, expenses or 
income, and whether it may have been transacted at 
home or abroad. The master must not annul such 
transactions as these. 

3, 4. Raghunandana, p. 60. I read purvottarakriyayuktaw in 4. 
• 5, 6. Viram. p. 123. 

7, 8. Viram. p. 127. Read in 7, kr/'shikusfdava^iigye. These 
two texts relate to the subject of valid and invalid transactions, which 
is generally discussed along with the rules of judicial procedure, and 
with the onus probandi and judgment in particular. They 
might also have been inserted in the chapter on Master and 

Digitized by 



VII. Witnesses. 

1. A subscribing witness, one caused to be written, 
a secret witness, one who has been reminded, a 
member of the family, a messenger, a spontaneous 
witness, an indirect witness, a stranger who has acci- 
dentally witnessed the deed, 

2. The king, a chief judge, and the (people of the) 
village : thus have the twelve kinds of witnesses been 
declared. I am going to declare precisely in order 
their respective characteristics. 

3. He is called a subscribing witness who enters 
in a deed his own as well as his father's caste, name, 
and so forth, and his place of residence. 

4. He is termed one caused to be written, who 
has been distinctly entered in the deed, together with 
the details of the agreement, by the plaintiff when 
writing a contract of loan or another (contract). 

5. He is called a secret witness who is made to 
listen to the speeches of the debtor, standing con- 
cealed behind a wall, (and relates them) just as they 
were spoken, (when the debtor tries to deny them.) 

6. He is called one reminded who, after having 
been appointed and invited to be present at a trans- 
action concerning a loan, deposit, purchase, or the 
like, is repeatedly reminded of it. 

7. He is designed as a family witness who is 
appointed by both parties to witness a deed of par- 
tition, gift, or sale, being connected and on good 

VII, i, 2a. May. p. 23. ab-i5. Vfram. pp. 144, 145. 

3. I read ^atinamidi, with Smmiiandrika. 
6. I read krayadike, with Smr;uAandrika. 

Digitized by 



terms with both parties, and acquainted with (the 
rules of) duty. 

8. He is denominated a messenger who is a re- 
spectable man, esteemed and appointed by both 
parties, and has come near to listen to the speeches 
of the plaintiff and defendant. 

9. He is a spontaneous witness who declares that 
he has witnessed the transaction, after having ap- 
proached the court of his own accord, while a cause 
is being heard. 

10. That witness who communicates what he has 
heard to another man, at a time when he is about to 
go abroad, or lying on his deathbed, should be con- 
sidered as an indirect witness. 

11. He also is called an indirect witness who re- 
peats, from his own hearing or from hearsay, the 
previous statements of actual witnesses. 

12. He is called a secret witness to whom an affair 
has been entrusted or communicated by both parties, 
or who happens to witness the transaction. 

1 3. The king in person having heard the speeches 
of plaintiff and defendant, may act as witness if both 
should quarrel with one another. 

14. If after the decision of a suit a fresh trial 
should take place, the chief judge, together with the 
assessors, may act as a witness there, but not in any 
other case. 

15. The (people of the) village may no doubt give 
testimony, even without a special appointment, as to 
what has been anywhere spoiled or damaged in the 
boundary line. 

11. The reading bhishatam in the Vframitrodaya is a misprint 
for bhashftte. 

Digitized by 



1 6. There should be nine, seven, five, four, or 
three witnesses; or two only, if they are learned 
Brahmans, are proper (to be examined) ; but let him 
never examine a single witness. 

17. Of subscribing and secret witnesses, there 
should be two (of each sort) ; of spontaneous, re- 
minded, family witnesses, and indirect witnesses, there 
should be three, four, or five (of each sort). 

1 8. A single witness even may furnish valid proof, 
if he is a messenger, an accountant, one who has 
accidentally witnessed the transaction, or a king, or 
chief judge. 

19. (A witness) should be exhorted by judges 
acquainted with law, by speeches extolling veracity 
and denouncing falsehood. 

20. Whatever religious merit has been acquired 
by thee from the time of thy birth to the time of 
thy death, all that will be lost by thy telling a false- 

21. An iniquitous judge, a false witness, and the 
slayer of a Brahman are pronounced to be criminal 
in an equal degree ; nor is a killer of an embryo or 
a destroyer of wealth considered as a greater sinner 
than they are. 

22. Knowing this, a witness should give evidence 
according to truth. 

16-18. May. p. 23. The 'accountant' is a species of 'messen- 
ger.' Viramitrodaya. Regarding the ' witness who has accidentally 
witnessed the transaction,' see VII, 12. 

19-22. Tod. satyaprara/MsavaAanair anrrtasyipavSdanaiA I sabh- 
yaiA sa bodhanfyas tu dharnuuSstrapravedibhiA II a ^-anmal&r k& 
maran&t sukrrta/w yadupax^itam I tat sarvam n&ram ayati anr»tasy&- 
bhwawsanat II ku/asabhyaA ku/asaksh? brahmahi £a samaA smr/'taA 1 
bhrunahi vittahi AaisMm nidhikaA samudahr/ta/i n evam viditva tat 
sakshl yathabhutara vadet tata^ ll 


302 BK/HASPATI. VII, 33. 

23. After putting off his shoes and his turban, he 
should stretch out his right hand, and declare the 
truth, after taking in his hands gold, cow-dung, or 
blades of sacred grass. 

24. When witnesses summoned (in a suit) are 
faulty, the opponent may expose them. But a liti- 
gant trying to cast a blemish on faultless witnesses 
is liable to pay a fine to the same amount (as the 
property in dispute). 

25. Whatever faults there may be in a document 
or in witnesses, they should be exposed at the time 
of the trial ; those cannot be used as valid objections 
which are declared afterwards. 

26. He whose documents or witnesses are objected 
to in a suit, cannot gain his cause till he has removed 
the objections raised against it. 

27. I will now state, according to the rules of 
science, which men may be appointed as witnesses, 
and which others should be avoided as being low 

28. Those may be witnesses who are in the habit 
of performing religious ceremonies taught in the 
Vedas and Smrztis, free from covetousness and 
malice, of respectable parentage, irreproachable, and 
zealous in performing austerities, practising liberality, 
and exhibiting sympathy (with all living creatures). 

29. The mother's father, the father's brother, the 

23. Vlram. p. 172. 

24. May. p. 25. I read artht, for arthe, with Vfram. 

25. May. p. 26. 26. May. p. 27. 

27. Smritik. prash/avyiA sakshino ye tu vargy&s fciiva nara- 
dhamaA 1 tan aham kathayishySmi sampratam .rastra&xiitan 11 
.?rautasm£rtakriyayukt& lobhadveshavivarjitaA I kulinaA sakshino 
*nindy£s tapodanadayanvita^ II 

29. May. p. 25. 

Digitized by 


VII, 3g. WITNESSES. 303 

wife's brother and maternal uncle, a brother, a friend, 
and a son-in-law are inadmissible witnesses in all 

30. Persons addicted to adultery or to drinking, 
gamblers, those who calumniate everybody, the in- 
sane, the suffering, violent persons, and unbelievers 
cannot act as witnesses. 

31. If a witness being summoned does not make 
his appearance, without being ill, he should be made 
to pay the debt and a fine, after the lapse of three 

32. Where the contents of the plaint have been 
fully corroborated by the witnesses, it is (valid) testi- 
mony; in every other case (the plaintiff) will not 
succeed with his claim. 

33. When nothing less (than what has been de- 
clared in the plaint) is stated with regard to place, 
time, age, caste, number, matter, and quantity, the 
cause should be considered to have been proved. 

34. Let him preserve, even by telling a lie, a 
Brahman who has once sinned through error and is 
in peril of his life and oppressed by rogues or other 

35. In a conflict between witnesses, (the testimony 
of) the majority should be received; when the 
number is equal (on both sides, the testimony of) 

30. Viram. p. 160. 

31. Smritik. Shuto yas tu naga^Met saksht rogavivargita^ I rinam 
damam £a dapy&i sy£t tripakshSt paratas tu saA 11 

32. Smritik. yatrlreshaA prat\gMrth&A sakshibhiA prativaroitiA 1 
s&kshyam sySd anyathi tu tarn sadhySrthaw na samdpnuySt It 

33. May. p. 29. 

34. Sm«li4. saknt pramddaparidhivipraw vySpadi pft/itam I fa/S- 
dibhir vadhyaminam rakshed uktvanm&ny api ll 

35. Tod. sakshidvaidhe prabhfltas tu grahya^ samye guwddhikaA 1 
gumdvaidhe kriyayuktas tats&mye smr/limattard^ ll 

Digitized by 


304 B/t/HASPATI. VIH, 1. 

the more virtuous ones ; when the virtuous (wit- 
nesses) are divided, (the testimony of) those specially 
eminent for the performance of acts of religion ; 
when they are divided, (the testimony of) those 
endowed with a superior memory. 

VIII. Documents. 

1. The rule regarding the number of witnesses 
and their respective characteristics has been thus 
communicated to you ; now I will state in order the 
laws regarding documents. 

2. Within a sixmonth's time even, doubts will 
arise among men (regarding a transaction). There- 
fore the letters occurring in a writing were invented 
of yore by the Creator. 

3. Writings are declared to be of three kinds, 
those written by the king, those written in a particular 
place, and those written (by a person) with his own 
hand. Their subdivisions again are numerous. 

4. Writings proceeding from (ordinary) people are 
sevenfold, (viz.) a deed of partition, of gift, of pur- 
chase, of mortgage, of agreement, of bondage, of 
debt, and other (such deeds). The king's edicts are 
of three sorts. 

VIII, 1. Vfram.p. 188. 

2. Vfram.p. 188. Hiouen-Thsang (I, 71), the celebrated Chinese 
pilgrim, reports the Indian tradition that letters were invented by 
the deity Fan (Brahman). See Ftihrer, Lehre von den Schriften in 
Bnhaspati's Dharmarastra, p. 27; Narada I, 5, 70 (above, p. 58). 

3. May. p. 16. The term 'written in a particular place' seems 
to relate to documents written by a professional scribe and attested 
by subscribing witnesses. See Narada 1, 10, 135 (above, p. 75). 

4. May. p. 17. The term adi, 'and other (such deeds),' is ex- 
plained to denote deeds of purification-, or of reconciliation, or 
regarding a boundary, or the rules of a corporation. 

Digitized by 


Vin, 13. DOCUMENTS. 305 

5. Where brothers being divided in interests 
according to their own wish, make a deed of 
division among themselves, it is called a partition- 

6. When a person having made a grant of landed 
property, records it in a deed as being endurable as 
long as the moon and sun are in existence, and 
which must never be cut down or taken away, it is 
termed a deed of gift. 

7. When a person having purchased a house, 
field or other (property), causes a document to be 
executed containing an exact statement of the proper 
price paid for it, it is called a deed of purchase. 

8. When a person having pledged movable or 
immovable property, executes a deed stating whether 
(the property pledged) is to be preserved, or used, it 
is termed a mortgage-deed. 

9. When (the people of) a village or province 
execute a deed of mutual agreement, (the purpose 
of) which is not opposed to the interests of the king, 
and in accordance with sacred law, it is designed as 
a deed of agreement. 

10. That document which a person destitute of 
clothes and food executes in a wilderness stating, ' I 
will do your work,' is termed a deed of bondage. 

11. That contract of debt which a man having 
borrowed money at interest executes himself or 
causes to be written (by another), is called a bond 
of debt by the wise. 

1 2. Having given a tract of land or the like, the 

5-1 1. May. p. 16. 

12-18. Viram. p. 192. For specimens of royal grants precisely 
corresponding to the rules laid down here, see e. g. Dr. Burnell's 
Elements of South Indian Palaeography, pp. 87 foil. 

[33] X 

Digitized by 



king should cause a formal grant to be executed on 
a copper-plate or a piece of cloth, stating the place, 
the ancestors (of the king), and other particulars, 

13. And the names of (the king's) mother and 
father, and of the king himself, (and containing the 
statement that) * This grant has been made by me 
to-day to N. N., the son of N. N., who belongs to 
the Vedic school N. N. 

14. As being endurable while the moon and sun 
last, and as descending by right of inheritance to the 
son, grandson, and more remote descendants, and as 
a gift which must never be cut down or taken away, 
and is entirely exempt from diminution (by the allot- 
ment of shares to the king's attendants, and so 

15. Conveying paradise on the giver and pre- 
server, and hell on the taker, for a period of sixty 
thousand years, as the recompense for giving and 
taking (the land).' 

1 6. (Thus the king should declare in the grant), 
the Secretaries for peace and war signing the grant 
with the remark, ' I know this.' 

17. (The grant) should be provided with (the 
king's) own seal, and with a precise statement of the 
year, month and so forth, of the value (of the dona- 
tion), and of the magistrate. Such a document issued 
by the king is called a royal edict. 

18. When the king, satisfied with the faithful 
services, valour or other (laudable qualities) of a 
person, bestows landed or other property on him, it 

13. All commentators explain that the name of the particular Veda, 
such as e. g. the Rig-veda, or the Ka/^a branch of the Ya^ur-veda, 
should be given which the donee is studying. 

Digitized by 



is (called) a writing containing a mark of royal 

1 9. That which establishes a claim, recording the 
four parts of a judicial proceeding and bearing the 
royal seal, is termed a document of success (or 

20. Clever forgers acquainted with place and time 
will make a writing similar (to the original document). 
Such (writings) should be examined with great care. 

21. Women, infants, the suffering, and persons 
unacquainted with the art of writing, are deceived 
by their own relations fabricating documents signed 
with their names. Such (forgery) may be found out 
by means of internal evidence and legitimate titles. 

22. A document executed by a madman, an idiot, 
an infant, one who has absconded through fear of 
the king, a bashful person, or one tormented by fear, 
is not invalidated (by an impossibility to produce 
its author). 

23. (But, as a rule) a document executed by a 
dying person, an enemy, one oppressed with fear, a 
suffering person, a woman, one intoxicated, distressed 
by a calamity, at night, by fraud, or by force, does 
not hold good, 

24. Where even a single witness entered in a 
deed is infamous and reproached (by the public voice), 
or where its writer is held in such estimation, it is 
called a false document. 

19. SmriliA., quoted by Burnell, Elements of South Indian 
Palaeography, p. 100. 

20, ai. Vtram. p. 197. 

22. Viram. p. 198. The translation follows the gloss in the 

23, 24. May. p. 20. 

X 2 

Digitized by 



25. A writing being spoiled by fire, or executed a 
long time ago, or soiled with dirt, or intended for a 
very short period only, or containing (a number of) 
mutilated or effaced syllables, is reckoned as a false 

26. Let a man show (a document) on every occa- 
sion to (meetings of) families, associations (of traders), 
assemblies (of cohabitants), and other (bodies of per- 
sons), and read it out to them, and remind them of 
it, in order to establish its validity. 

27. The acquirer (of landed or other property) 
should establish the written title (under which he is 
holding it) ; his son should establish the fact of pos- 
session only. If (the father) has been impeached in 
a court of justice, the son also should be required 
to prove the written title. 

28. When a loan (recorded in a bond) is not ex- 
pressly claimed from a debtor who has means enough 
(to discharge it) and is at hand, the bond loses its 
validity, as the debt is presumed to have been paid 
(in that case). 

29. A writing which has neither been seen nor 
read out for thirty years, should not be recognised 
as valid, even though the (subscribing) witnesses be 

30. When a man does not produce the bond and 
omits to ask his debtor (to restore the loan), after 

25. Apar&rka and Smn'ti/i., quoted by Fuhrer, No. 29. 

26. Viram. p. 200. 27. Vfram. p. 199. 

28-30. Aparfrka, quoted by Ftthrer, loc. ciL, Nos. 33-35 ; 
Smri'tW. (' KitySyana ') ; Tod. In 28, 1 read .raddhar«asankay£, for 
juddhaw na\rankayS, with 7Warinanda. 

30. The interest on a loan, according to the Indian Law of 
Debt, ceases on its becoming equal to the principal. 

Digitized by 



his loan has ceased to yield interest, the bond becomes 

31. A document is certainly not overruled either 
by witnesses or by an oath (or ordeal), but its va- 
lidity is diminished by neglect, if it is neither shown 
nor read. 

IX. Possession. 

1. This set of rules regarding witnesses and docu- 
ments has been propounded. The law concerning 
the acquisition of immovable property and posses- 
sion will be proclaimed next. 

2. Immovable property may be acquired in seven 
different ways, viz. by learning, by purchase, by 
mortgaging, by valour, with a wife (as her dowry), 
by inheritance (from an ancestor), and by succession 
to the property of a kinsman who has no issue. 

3. In the case of property acquired by one of these 
seven methods, viz. inheritance from a father (or 
other ancestor), acquisition (in the shape of a dowry), 
purchase, hypothecation, succession, valour, or learned 
knowledge, possession coupled with a legitimate title 
constitutes proprietary right. 

4. That possession which is hereditary, or founded 
on a royal order, or coupled with purchase, hypothe- 
cation or a legitimate title : possession of this kind 
constitutes proprietary right. 

31. Smr/ttf. and Apararka, quoted by Ftthrer, No. 38. 

IX, 1-7. Vfram. pp. 203, 204. 

1. The Vframitrodaya argues that, although immovable property 
is principally referred to, the same law applies a fortiori to 
movable property. 

Digitized by 


3IO B/tfHASPATI. IX, 5. 

5. Immovable property obtained by a division (of 
the estate among co-heirs), or by purchase, or in- 
herited from a father (or other ancestor), or presented 
by the king, is acknowledged as one's lawful pro- 
perty ; it is lost by forbearance in the case of adverse 

6. He who is holding possession (of an estate) 
after having merely taken it, occupying it without 
meeting with resistance, becomes its legitimate owner 
thus ; and it is lost (to the owner) by such forbear- 

7. He whose possession has been continuous from 
the time of occupation, and has never been inter- 
rupted for a period of thirty years, cannot be deprived 
of such property. 

8. That property which is publicly given by co- 
heirs or others to a stranger who is enjoying it, 
cannot be recovered afterwards by him (who is its 
legitimate owner). 

9. He who does not raise a protest when a 
stranger is giving away (his) landed property in his 
sight, cannot again recover that estate, even though 
he be possessed of a written title to it. 

10. Possession held by three generations produces 
ownership for strangers, no doubt, when they are 
related to one another in the degree of a Sapiw^a ; 
it does not stand good in the case of Sakulyas. 

1 1 . A house, field, commodity or other property 
having been held by another person than the owner, 

5, 6. Col. Dig. V, 6, 384. 8, 9. Viram. p. 209. 

10-12. Col. Dig. V, 7, 396. 

10-14. Viram. p. 221. Sapiwdaship in this rule includes four 
generations; the term Sakulya is used to denote more remote 

Digitized by 


IX, i?. POSSESSION. 311 

is not lost (to the owner) by mere force of posses- 
sion, if the possessor stands to him in the relation 
of a friend, relative, or kinsman. 

1 2. Such wealth as is possessed by a son-in-law, a 
learned Brahman, or by the king or his ministers, 
does not become legitimate property for them after 
the lapse of a very long period even. 

13. Forcible means must not be resorted to by 
the present occupant or his son, in maintaining 
possession of the property of an infant, or of a 
learned Brahman, or of that which has been legiti- 
mately inherited from a father, 

14. Nor (in maintaining possession) of cattle, a 
woman, a slave, or other (property). This is a 
legal rule. 

15. If a doubt should arise in regard to a house 
or field, of which its occupant has not held possession 
uninterruptedly, he should undertake to prove (his 
enjoyment of it) by means of documents, (the de- 
positions of) persons knowing him as possessor, 
and witnesses. 

16. Those are witnesses in a contest of this kind 
who know the name, the boundary, the title (of 
acquisition), the quantity, the time, the quarter of 
the sky, and the reason why possession has been 

1 7. By such means should a question regarding 
occupation and possession be decided in a contest 
concerning landed property ; but in a cause in which 

15-17. Viram. p. 222. 

16. Read namagha/agamaw. 'The title/ the cause of owner- 
ship, such as gift. ' The quantity/ of land. ' The quarter of the 
sky/ a description of the region in which a certain estate is situated. 
' The time/ at which the estate was acquired. 7b<farananda. 

Digitized by 


312 BKJHASPATI. IX, 18. 

no (human) evidence is forthcoming, divine test 
should be resorted to. 

1 8. When a village, field, or garden is referred to 
in one and the same grant, they are (considered to 
be) possessed of all of them, though possession be 
held of part of them only. (On the other hand) that 
title has no force which is not accompanied by a 
slight measure of possession even. 

19. Not to possess landed property, not to show 
a document in the proper time, and not to remind 
witnesses (of their deposition) : this is the way to lose 
one's property. 

20. Therefore evidence should be preserved care- 
fully ; if this be done, lawsuits whether relating to 
immovable or to movable property are sure to 

21. Female slaves can never be acquired by pos- 
session, without a written title; nor (does posses- 
sion create ownership) in the case of property be- 
longing to a king, or to a learned Brahman, or to an 
idiot, or infant 

22. It is not by mere force of possession that land 
becomes a man's property; a legitimate title also 
having been proved, it is converted into property by 
both (possession and title), but not otherwise. 

18. Vtram. pp. 221, 222 ; Col. Dig. V, 6, 383. 

19, 20. Tod. bhflmer abhuktir lekhyasya yathtk&lam adarxanam 1 
asmarawara s&kshinaw ka. sv£rthah£nikara»i ka. II tasm&d yatnena 
kartavyaw pramawaparipaianam I tena karyam sidhyanti sthlvaram 
karani ka. II 

si. Smr/tii. na strtodm upabhogaA sy&d vina 1 lekhyaw katham- 
£ana I ra^&rrotriyavitte ka gru/abaladhane tathS II 

22. SmrttiA. bhuktikevalaya naiva bhtimiA siddhim avapnuyat I 
agamenipi juddhena dvabhysbra sidhyati nanyatha 11 

Digitized by 


IX, 28. POSSESSION. 313 

23. Should even the father, grandfather, and great- 
grandfather of a man be alive, land having been 
possessed by him for thirty years, without interven- 
tion of strangers, 

24. It should be considered as possession extend- 
ing over one generation; possession continued for 
twice that period (is called possession) extending 
over two generations ; possession continued for three 
times that period (is called possession) extending 
over three generations. (Possession continued) longer 
than that even, is (called) possession of long standing. 

25. When the present occupant is impeached, a 
document or witness is (considered as) decisive. 
When he is no longer in existence, possession alone 
is decisive for his sons. 

26. When possession extending over three genera- 
tions has descended to the fourth generation, it 
becomes legitimate possession, and a title must 
never be inquired for. 

27. When possession undisturbed (by others) has 
been held by three generations (in succession), it is 
not necessary to produce a title ; possession is deci- 
sive in that case. 

28. In suits regarding immovable property, (pos- 

23, 24. Smr*'ti£. pitS. pitamaho yasya g$\ek ka. prapitamahaA 1 
trimsat sama y£ tu bhukta bhumir avyahati paraiA II bhuktiA sa 
paurusht grieyi dvigiwa ka dvipaurusht 1 tripaurushi ka. trigiwa* 
parataA sy££ £irantanf 11 

25. Smn'tW. yatrShartabhiyuktaA syal Iekhyam saksht tad4 guruA I 
tadabhave tu putrSwdw bhuktir eka garfyast II 

26. SmruU. bhuktis tripurushl ya ka foturthe sampravartita I 
tad bhogasthirataw yiti na prikkted agamaw kva/Kt II 

27. Smr/'ttf. anishedhena yad bhuktam purushais tribhir eva tu I 
tatra naivagamaA kSryo bhuktis tatra gartyasf II 

28. Smr/'tii. sthavareshu vivadeshu kramSt tripurushl ka. yd 1 
svatantraiva hi si grieyi pramawaw sadhyanir»aye ll 

Digitized by 


314 BJtfHASPATI. IX, 29. 

session) held by three generations in succession, 
should be considered as valid, and makes evidence 
in the decision of a cause. 

29. He whose possession has passed through 
three lives, and is duly substantiated by a written 
title, cannot be deprived of it ; such possession is 
equal to the gift of the Veda. 

30. He whose possession has passed through three 
lives and has been inherited from his ancestors, 
cannot be deprived of it, unless a previous grant 
should be in existence (in which the same property 
has been granted to a different person by the king). 

31. That possession is valid in law which is unin- 
terrupted and of long standing ; interrupted posses- 
sion even is (recognised as valid), if it has been 
substantiated by an ancestor. 

32. A witness prevails over inference ; a writing 
prevails over witnesses ; undisturbed possession 
which has passed through three lives prevails over 

33. When an event (forming the subject of a 
plaint) has occurred long ago, and no witnesses are 
forthcoming, he should examine indirect witnesses, 
or he should administer oaths, or should try artifice. 

29. Smr/'tii. yasya tripurushi bhukti-6 samyag lekhyasamanviti 1 
eva/Hvidhi brahmadeyi hartuw tasya na jakyate II The ' gift of the 
Veda,' i. e. instruction is mentioned as an instance of an inalienable 

30. Smn'tik. yasya tripurushi bhuktiA pira»paryakramigati I na 
si Hlayitu/» sakyi pflrvakai Masanid rite II 

31. Smri'ti*. bhuktir balavatl i£stre»py aviiMinni ftrantani 1 
viiMinnipi hi si gneyb ya tu purvaprasidhiti li ' If it has been 
substantiated by an ancestor,' i.e. if a previous possessor has 
adduced a legitimate tide. 

32. Raghunandana, p. 49. 33. VIrain. p. 223. 

Digitized by 


X, 8. ORDEALS. 3 1 5 

X. Ordeals. 

i. A forger of gems, pearl, or coral, one with- 
holding a deposit, a ruffian, and an adulterer, shall 
be tested by oaths or ordeals in every case. 

2. In charges relating to a heavy crime or to the 
appropriation of a deposit, the king should try the 
cause by ordeals, even though there be witnesses. 

3. When a thing has happened long ago or in 
secret, or when the witnesses have disappeared long 
ago, or are perjured all of them, the trial should be 
conducted by having recourse to an ordeal. 

4. The balance, fire, water, poison, and, fifthly, 
sacred libation ; sixthly, grains of rice ; seventhly, a 
hot piece of gold, are declared (to be ordeals). 

5. The ploughshare is mentioned as the eighth 
kind, the ordeal by Dharma (and Adharma) as the 
ninth. All these ordeals have been ordained by the 
Self-existent (Brahman). 

6. Truth, a vehicle, weapons, cows, seeds, and 
gold, venerable gods or Brahmans, the heads of sons 
or wives : 

7. By these have oaths been ordained, which are 
easy to perform and proper for trifling occasions. 

8. When a quarrel between two litigants has 
arisen regarding a debt or other charge, that ordeal 

X, 1-3. Viram. p. 1 14. 

4. M. Macn. X, 1, 2 (uncertain); Viram. p. 225. 

5. Viram. p. 225. For a description of the ordeal by Dharma 
and Adharma, see the laws of Pitamaha. 

6. 7. Viram. p. 226. See Manu VIII, 114; Narada I, 19, 248 
(above, p. 100). 

8. Tod. r*»adishu tu kiryeshu visawvade parasparam I divyaw 
samkhyanvitam deya/» purushapekshaya tatha II 

Digitized by 


3 1 6 BK/HASPATI. X, 9; 

must be administered which corresponds to the 
amount (of the sum in dispute) and to the (character 
or strength of the) individual (to be examined). 

9. (The ordeal by) poison should be administered 
when (property worth) a thousand (Parcas) has been 
stolen ; (the ordeal by) fire, when a quarter less than 
that (or 750, has been stolen). 

10. When the charge concerns four hundred, the 
hot piece of gold should be administered. (When 
it concerns) three hundred, the grains of rice should 
be given ; and the sacred libation, (when it concerns), 
half of that. 

11. When a hundred has been stolen or falsely 
denied, purgation byDharma should be administered. 
Thieves of cows should be subjected by preference 
to the (ordeal by the) ploughshare by the judges. 

12. These figures are applicable in the case of 
low persons ; for persons of a middling kind, double 
is ordained ; and for persons of the highest rank, 
the amount has to be fixed four times as high by 
persons entrusted with judicial affairs. 

13. The quantities (of various coins or weights), 
beginning with a floating particle of dust and ending 
with a Karshapa«a, have been declared by Manu. 
They are applicable both to ordeals and to fines. 

14. A Nishka is four Suvar»as. A Pawa of 

9-12. VIram. p. 230. I read, with Smr»"ti£., fotujisatabhiyoge in 
10, and sabhyaM phalaw prayatnataA in 11. 

11. Dharma, ' test of right and wrong,' is the ordeal which con- 
sists of drawing lots or slips of white and black paper. 

12. 'Eminent persons,' through their birth, qualities, or virtue. 
The same interpretation applies to the two other terms. Vtram. 

13. Vfram. p. 233. See Manu VIII, 131-138. 

14, 15. Viram. p. 234. I read k&ndM. for iandrild in 11, with 

Digitized by 


X, 30. ORDEALS. 317 

copper is a Karshika (having the weight of one 
Karsha). A coin made of a Karsha of copper has 
to be known as a Karshika Pa«a. 

15. It is also called an Andik&. Four such are 
a Dhanaka. Twelve of the latter are a Suvar»a. 
That is also called a Dlnara (denarius). 

16. (The testimony of) witnesses is apt to become 
invalid, whether it be through affection, anger, or 
avarice. An ordeal properly administered never 
loses its validity. 

1 7. When a doubt arises with regard to a docu- 
ment or oral evidence, and when ratiocination also 
fails, purgation through ordeal (is the proper test). 

18. Let an ordeal be administered according to 
the established rule by persons acquainted with the 
rule of ordeals. If it is administered against the rule, 
it is ineffective as a means of proving what ought to 
be proved. 

19. If one who has been subjected to the ordeal 
by balance goes down on being weighed (for the 
second time), he shall be held guilty. If he remains 
level, he shall be balanced once more. If he rises, 
he gains his cause. 

20. Should the scale break, or the balance, or 
beam, or iron hooks split, or the strings burst, or the 
transverse beam split, he would have to be declared 

15. Nearly identical with Ndrada, Appendix, 62' (p. 232). 

16. Viram. p. 242. 

17. Smrttii. likhite sikshiva^le £a sawdeho yatra ^Syate I anu- 
mSne £a sa/wbhrSnte tatra daivaw virodhanam II 

18. Tod. yathoktavidhind deya»» divya/w divyavixSradaiA 1 ayathok- 
tapradattaw tu na satyam s&dhyasidhane 11 

19. Viram. p. 253. 20. Vtram. p. 254. 

Digitized by 


318 B/UHASPATI. X, 2i. 

21. (In the ordeal by water) he should immerse 
the individual in water and discharge three arrows. 

22. He is acquitted (in the ordeal by poison) who 
has digested poison, which has been given to him 
according to rule, without the application of spells or 
antidotes. Otherwise he should be punished and 
compelled to pay the sum in dispute. 

23. To whatsoever deity the accused happens to 
be devoted, let (the judge) bathe the weapon of that 
deity in water, and give him to drink three handfuls 
of it. 

24. He to whom no calamity happens, within a 
week or a fortnight, (either to himself or) to his son, 
wife or property, is innocent beyond doubt. 

25. Let a man chew grains of rice after having 
kept a fast and purified himself, at a time when the 
sun is not visible. He is acquitted if what he spits 
out is pure ; but if it be mixed with blood, he must 
be (held) guilty. 

26. Let (the person) take a hot piece of gold out 
of (a mixture of) well-heated oil and butter. 

27. He whose fingers' ends do not tremble, and 
who does not become blistered, is acquitted according 
to law, as has been declared by Pitimaha. 

28. Iron twelve Palas in weight should be formed 
into what is called a ploughshare. It should be 
eight Angulas long by four Angulas broad. 

21. Vfram. p. 271. 22. Vfram. p. 276. 

23. Vfram. p. 280. 24. Vlram. p. 281. 

25. Vfram. p. 282. The 7b<farinanda attributes to Brrhaspati 
another text identical with Narada I, 25, 342 (above, p. 119). 

26. Vfram. p. 283. 

27. Vfram. p. 284. The same text occurs in the Nepalese 

28. 29. Vfram. p. 285. Some texts relating to this kind of 

Digitized by 



29. (The ploughshare) having been made red-hot 
in fire, a thief should be made to lick at it once 
with his tongue. If he is not burnt, he obtains 
acquittal. Otherwise he loses his cause. 

30. (Images of) Dharma and Adharma, one black 
and the other white, should be painted on two leaves. 
Then they should be invoked with prayers producing 
life or others, and with the Gayatri or other Samans, 

31. And should be worshipped with perfumes and 
with white and black flowers, sprinkled with the five 
products of a cow, and enclosed in balls made of 
earth afterwards. 

32. After having been made equal in size, they 
should be placed unobserved in a fresh jar. Then 
the person should take one ball out of the vessel 
at the bidding (of the judge). 

33. If he takes out Dharma, he is acquitted, and 
should be honoured by the (appointed) examiners. 

XI. The Law of Debt. 

1. A creditor should never lend money without 
having first secured a pledge of adequate value, or a 

ordeal are found in the Nepalese Narada as well, but they are very 
incorrectly given in the MS. ' The judge, after having placed a 
ploughshare of the size stated in the text into a fire kindled for 
that purpose, should perform the whole general rite of ordeals, 
beginning with the invocation addressed to Dharma and ending 
with the fixing of a writing on the head of the person. Then, after 
addressing the fire with the text previously quoted (of Pit&maha), 
" Thou, O Agni," &c, and after causing the person to address the 
fire with the text previously quoted, " Thou, O Agni, (livest) in all 
beings " (Ya^tfavalkya II, 104), he should cause the person to lick 
(at the ploughshare).' Viram., Smr*'ti£. 

30-33. Viram. p. 286. 'Prayers producing life,' such as e.g. 
Rig-veda X, 57, 1 ; Vfram. 

XI, 1. May. p. 102 ; Col. Dig. 1, 1, 1 1. The commentators agree 

Digitized by 


320 B/tfHASPATI. XI, 2. 

deposit, or a trustworthy surety ; nor without a 
bond written (by the debtor himself) or attested (by 
subscribing witnesses). 

2. That (loan) is termed kustda (a loan on 
interest) which is exacted by persons apprehending 
no sin (from the act), from a mean (kutsita) or 
wretched (sidat) man, after having been increased to 
four or eight times the original amount (through the 
interest accruing on it). 

3. An eightieth part (of the principal) accrues as 
interest on it (every month); and it is certainly 
doubled by such interest within a third of a year less 
than seven years (that is to say, within six years and 
eight months). 

4. Interest is declared (by some) to be of four 

in explaining the term ddhi, * a pledge,' as denoting a pledge to be 
used, such as e. g. a cow to be used with her milk, or landed pro- 
perty pledged together with its produce. The term bandha, 'a 
deposit,' is supposed to denote a pledge which must not be used ; 
according to the Mayukha, however, it means a pledge which is 
not actually delivered to the creditor, the debtor merely promising 
not to alienate it. 'A pledge of adequate value ' is one corres- 
ponding in value to the principal together with the interest Virarn. 
p. 293. The term sakshimat, ' attested,' is referred to a debt con- 
tracted orally before witnesses, both by Colebrooke (Dig. I, 1, n) 
and Mandlik (May. loc. cit.). This, however, is opposed to the 
gloss of the Viramitrodaya. 

2. May. p. 102 ; Col. Dig. I, 1, 3. It is hardly necessary to 
point out that the etymology here proposed of the term kustda, ' a 
loan on interest,' is entirely fanciful. It is really derived from ku 
and sida, and denotes ' that which adheres closely, and cannot easily 
be got rid of.' The commentators explain the clause 'appre- 
hending no sin ' to imply that it is sinful otherwise to accept a gift 
from an unworthy person. 

3. SmntiiJ. ; Col. Dig. I, 2, 26. arttibhago vardheta labhe dvigu- 
natam iyat I prayuktaw saptabhir varshais tribhagonair na sa»»- 
.raya/; II 

4-8. Viram. pp. 294, 295; Col. Dig. I, 2, 35. 

Digitized by 


XI, ii. THE LAW OF DEBT. 32 1 

sorts ; by others, it is stated to be fivefold ; and by 
others again, it is said to be of six kinds. Learn 
their (various) qualities. 

5. Kayika (bodily interest) ; kalika (periodical 
interest) ; ^akravnddhi (compound interest) ; karita 
(stipulated interest) ; «khav«ddhi (hair-interest) ; 
and bhogalabha (interest by enjoyment) : such are 
the six kinds of interest. 

6. Kayika interest is connected with bodily 
labour ; kalika is due every month ; iakravriddhi 
is interest on interest ; karita is interest promised 
by the borrower. 

7. 8. When interest is received every day, it is 
termed $ikhavr*ddhi (hair-interest, because it grows 
every day). Because it grows constantly like hair, 
and does not cease growing except on the loss of 
the head, that is to say, on payment of the principal, 
therefore it is called hair-interest. The use of a 
(mortgaged) house, or the produce of a field, is 
termed bhogalabha (interest by enjoyment). 

9. That karita (stipulated) interest has to be paid 
always, which has been stipulated by the debtor 
himself, over and above (the ordinary rate of interest), 
and has been promised in times of distress. 

10. When (such special) interest has been stipu- 
lated in any other manner, it must not be paid by 
any means. 

n. Hair-interest, bodily interest, and interest by 

6. 'Bodily labour,' when the milk of a pledged cow or the 
strength of a pledged animal for draught or burden is used by the 
creditor, being, as it were, the interest on his loan. Viram. 

9, 10. Viram. p. 295 ; Col. Dig. I, 2, 37 (* Katyiyana'). 

10. 'In any other manner,' i. e. by the creditor. Viram. 

11. Viram. p. 301 ; Col. Dig. I, 2, 35. 
[33] Y 

Digitized by 


322 Bli/HASPATI. XI, 12. 

enjoyment shall be taken by the creditor so long as 
the principal remains unpaid. 

1 2. But the use of a pledge after twice the principal 
has been realised from it, compound interest, and 
the exaction of the principal and interest (together 
as principal) is usury and reprehensible. 

13. On gold (and other precious metals), the 
interest may make (the debt) double; on clothes 
and base metals (such as tin or lead), treble ; on 
grain, it is allowed to rise to four times the original 
amount, and so on edible plants (or fruit), beasts of 
burden, and wool. 

14. It is allowed to make (the debt) quintuple, 
on pot-herbs ; sextuple, on seeds and sugar-cane ; 
and it may make (the debt) octuple, on salt, oil, and 
spirituous liquor. 

15. Likewise, on sugar and honey, if the loan be 
of old standing. 

16. On grass, wood, bricks, thread, substances 
from which spirits may be extracted, leaves, bones, 
leather, weapons, flowers, and fruits, no interest is 

1 7. A pledge is termed bandha, and is declared to 

12. Viv. p. 12; Col. Dig. loc. cit. 

13-16. VIram. pp. 298, 300; Viv. pp. 17, 18; May. p. 104; 
Col. Dig. I, 2, 63, 67, 69. 

13. TheVframitrodaya reads £armasthivarma»am,' leather, bones, 
and armour.' 

16. The commentators observe that no interest should be 
exacted, unless there be a special agreement to the purpose. There 
is, however, another reading (vriddhis tu na nivartate), under which 
the purport of this rule becomes quite different, viz. that there is 
absolutely no limit regarding the interest on the articles mentioned 
in it. This version is in harmony with the corresponding regulations 
of other legislators. 

17. Col. Dig. I, 3, 80 ; May. p. 105; Vfram. p. 305. 

Digitized by 


XI, 23. THE LAW OF DEBT. 323 

be of four sorts ; movable or immovable ; to be 
kept only or to be used ; to be released at any 
time, or limited as to time ; stated in writing, or 
stipulated (orally) before witnesses. 

18. Should the creditor, actuated by avarice, use 
a pledge before interest has ceased to accrue on the 
loan (on becoming equal to the principal), or before 
the fixed period has expired, such use shall be 

19. The pledge has to be kept carefully, like a 
deposit; interest is forfeited in case of its being 

20. A pledge having been used and rendered 
worthless (by such use), the principal (itself) is lost ; 
if a very valuable pledge be spoiled, he must satisfy 
the pledger. 

21. If a pledge be destroyed by a fatal ac- 
cident or by an act of the king, the debtor shall 
be caused either to deliver another pledge or to 
pay the debt. 

22. When the debtor restores the principal and 
asks for his pledge, it must be restored to him ; 
otherwise the creditor is liable to punishment. 

18, 19. Col. Dig. I, 3, 92 ; Vtram. p. 306. 

20. Col. Dig. I, 3, 86; Vtram. p. 309; May. p. 105. 

21. Col. Dig. I, 3, 93; May. p. 105; Vtram. p. 309. This text 
has been translated according to the Vtramitrodaya. Under the 
reading of the other compilations, payment of the debt together 
with interest is enjoined. 'A king,' i.e. a ruler who offends 
against the dictates of religion. Viram. 

22. Col. Dig. I, 3, 103 ; Vtram. p. 319. The rule that the prin- 
cipal only needs to be restored concerns a pledge for use. In the 
case of a pledge for custody, interest has to be paid besides the 
principal. Vtram. 

Y 2 

Digitized by 


324 BK/HASPATI. XI, 23. 

23. When a field or other (immovable property) 
has been enjoyed, and more than the principal 
realised by it, then the debtor shall recover his 
pledge, if the principal and interest has been actually 
got out of it (by the creditor). 

24. (This law applies) when the debtor delivers 
a field to the creditor, with the following stipulation, 
• This (field) shall be enjoyed by you, when interest 
has ceased (on becoming equal to the principal), that 
is certain. When the principal has been realised 
together with the interest, you shall restore (the 
field) to me.' 

25. When the time (for payment) has passed and 
interest has ceased (on becoming equal to the prin- 
cipal), the creditor shall be owner of the pledge ; 
but, till ten days have elapsed, the debtor is entitled 
to redeem it. 

26. Notice having been given to the debtor's 
family, a pledge to be kept (only) may be used, after 
the principal has been doubled ; and so may a pledge 
for a fixed period, on the expiration of that term. 

27. When the principal has been doubled, or the 
stipulated period expired in the case of a pledge 
delivered for a certain time only, the creditor 

23. Col. Dig. 1, 3, 108 ; May. p. 107. 

23, 24. Vtram. p. 320. Under a stipulation of this sort, the 
mortgagee shall recover his pledge, as soon as the creditor has fully 
realised his demand out of the mortgage, no matter whether he has 
contributed little or much himself towards its realisation. Viram. 
The Ratnakara (p. 29) inserts the following text after 24, ' This 
lawful rule has been proclaimed with regard to loans on interest 
and so forth.' 

25. Col. Dig. I, 3, 115; Viram. p. 316. 

26. Viram. p. 316 ; Col. Dig. I, 3, 119 ('Smreti'). 

27. 28. Viram. p. 315. 'During that interval,' i. e. before the 
ten days have elapsed. Viram. These two texts are elsewhere 

Digitized by 


XI, 33> THE LAW OF DEBT. 325 

becomes owner of the pledge, after having waited 
for a fortnight 

28. If the debtor should pay the debt during that 
interval, he may recover his pledge (even then). 

29. When the amount of the debt has been 
doubled (by the interest accruing on it), and the 
debtor is either dead or no longer present, (the 
creditor) may take his chattel and sell it before 

30. Or, its value having been estimated in an 
assembly, he may keep it for ten days ; after which, 
having realised a sufficient sum to cover his demand, 
he should relinquish the balance. 

31. When a man neither enjoys a pledge, nor 
obtains it (from the debtor), nor points it out (to 
others), his written contract (concerning the pledge) 
is invalid, (just like) a document when the (sub- 
scribing) witnesses and debtor are dead. 

32. When a house or field has been mortgaged 
for use and the period (fixed for such use) has not 
expired, the debtor cannot recover his property, nor 
can the creditor (recover) his loan. 

33. When the (stipulated) period has elapsed, both 

attributed to Vyasa. This is probably the correct view, as it is 
difficult to reconcile these texts either with the preceding or with 
the following ones. 

29. May. p. 106. 

29, 30. Vfram. p. 316; Col. Dig. I, 3, 121. 'The chattel,' i.e. 
the pledged commodity. ' A sufficient sum to cover his demand,' 
i. e. twice as much as the principal. Viram. The balance should 
be handed over to the relatives of the debtor or to the king. Cole- 
brooke's Digest has another text after these two, in which it is 
stated that the precise amount of the debt should be ascertained by 
persons skilled in computation. 

31. Col. Dig. I, 3, 126 ; SmntW.; Ratn. p. 35. 

3»> 33- Viv. p. 25 ; Col. Dig. I, 3, 105, 118. In ordinary case, 

Digitized by 


326 BK/HASPATI. XI, 34. 

parties are at liberty to do so. But, even before 
(the stipulated period) has elapsed, they may make 
an arrangement by mutual consent. 

34. Where one field has been mortgaged to two 
creditors at the same time, it shall belong to that 
mortgagee who was the first to obtain possession 
of it. 

35. If both have possessed it for an equal time, it 
shall be held in common (or shared equally) by them. 
The same rule is ordained in the case of a gift or a 

36. Which course should be adopted in cases of a 
competition between three different acts, the iden- 
tical property having been sold, mortgaged, and given 
away on one and the same day ? 

37. The three parties should divide that lawful 
property of theirs among themselves in proportionate 
shares, the two first in the ratio of their respective 
claims, whereas the donee ought to obtain a full 

38. The pledgee can never be compelled to restore 
the pledge against his will, before the whole amount 
due to him has been paid, nor must (the pledge be 
obtained from him) by deceit or by (the mode called) 

the recovery of the loan, attended by the restoration of the pledge to 
the pledger, takes place after the lapse of the stipulated period. 
By mutual consent, however, it may take place before that time. 

34. The term ' a field ' includes by implication any pledge for use. 
Vtram. p. 312. Other commentators add that possession must 
have been obtained without forcible means. Col. Dig. I, 3, 132. 

35. Smrnii.; Col. Dig. I, 3, 133; Ratn. p. 37. 
36, 37. Viram. p. 314 (' Vasish/*a ') ; V. T. 

38. Ratn. p. 27 ; Col. Dig. I, 3, 102. Regarding the mode 
called JTarita or A&irita, see below, XI, 58. 

Digitized by 


XI, 43- THE LAW OF DEBT. 327 

39. For appearance, for confidence, for payment, 
and for delivering the assets of the debtor : it is for 
these four different purposes that sureties have been 
ordained by the sages in the system (of law). 

40. The first says, ' I will produce (that man) ; ' 
the second (says), 'He is a respectable man ; ' the 
third (says), ' I will pay the debt ; * the fourth (says), 
' I will deliver his assets.' 

41. If the debtors fail in their engagements, the 
two first (sureties themselves, but not their sons) 
must pay the sum lent at the appointed time ; both 
the two last (sureties), and in default of them their 
sons (are liable for the debt), when the debtors break 
their promise (to pay the debt). 

42. The creditor should allow time for the surety 
to search for a debtor who has absconded ; a font 1 
night, a month, a month and a half, according to i(fhe 
distance of) the place (where he is suppojjiedjjfo be 
hiding himself). ' J 

43. (Sureties) must not be excessively harassed ; 
they should be made to pay the debt by instalments; 

39. Col. Dig. I, 4, 142; VJram. p. 321 ; Viv. p. 27. The author 
of the last-mentioned work reads ri'ne dravy&rpa»e for rwidravy&r- 
pane, which reading he refers to as the traditional one, and defines 
the fourth kind of surety to be one who vouches for the return of 
articles lent for use, such as ornaments for a festivity. 

40. May. p. 107. The first surety promises to produce a debtor, 
who is likely to abscond; the second vouches for the debtor's 
honesty, declaring that he is a virtuous man, who will not deceive 
the creditor ; the third promises to pay the debt himself together 
with the interest, if the debtor should fail to pay it; the fourth 
promises to deliver his movable property, such as household 
furniture, in the same case. 

41. May. p. 107. 

42. 43. Viram. pp. 323, 328 ; Col. Dig. I, 4. 148 ; Rain. p. 45. 

Digitized by 


328 BK/HASPATI. XI, 44. 

they must not be attacked when the debtor is pre- 
sent : such is the law regarding sureties. 

44. When (a surety), being harassed, pays a 
proved debt which he has vouched for, (the debtor) 
shall pay him twice as much, after the lapse of a 
month and a half. 

45. Should foolish (sureties) in good faith pay the 
debt, though not required to do so, or on being re- 
quired to pay a different debt, how and from whom 
can they recover that sum ? 

46. By whom, to whom, and how, should, or should 
not, be paid a loan which has been received from the 
hands of another man in the shape of a loan on in- 
terest, will now be declared. 

47. A loan shall be restored on demand, if no 
time has been fixed (for its restoration) ; or on the 
expiration of the time (if a definite period has been 
fixed) ; or when interest ceases (on becoming equal 
to the principal). If the father is no longer alive, 
(the debt must be paid) by his sons. 

48. The father's debt must be paid first of all, and 
after that, a man's own debt ; but a debt contracted 
by the paternal grandfather must always be paid 
before these two even. 

49. The father's debt, on being proved, must be 
paid by the sons as if it were their own ; the grand- 
father's debt must be paid (by his son's sons) without 

44. Vtram.p. 328. 

45. Ratn. p. 46; Col. Dig. I, 4, 163. 

46. Ratn. p. 47 ; Col. Dig. I, 5, 166. 

47. Ratn. p. 47 ; Col. Dig. I, 5, 166 ; Viv. p. 32. 

48. Ratn. p. 47 ; Col. Dig. I, 5, 167 ; May. p. 112. 

49. May. p. 112; Col. Dig. I, 5, 167. 'As if it were their own,' 
i. e. with interest. Ratn. 

Digitized by 


XI, 54. THE LAW OF DEBT. 329 

interest ; but the son of a grandson need not pay it 
at all. 

50. When a debt has been incurred, for the benefit 
of the household, by an uncle, brother, son, wife, 
slave, pupil, or dependant, it must be paid by the 
head of the family. 

'51. Sons shall not be made to pay (a debt incurred 
by their father) for spirituous liquor, for losses at 
play, for idle gifts, for promises made under the 
influence of love or wrath, or for suretyship, nor the 
balance of a fine or toll (liquidated in part by their 

52. The liability for the debts devolves on the 
successor to the estate, when the son is involved in 
calamity ; or on the taker of the widow, in default 
of a successor to the estate. 

53. Debts contracted by the wives of distillers of 
spirituous liquor, hunters> washermen, herdsmen, 
barbers or the like persons, shall be paid by their 
protector ; they were contracted for the affairs of 
their husbands. 

54. When (a debtor) has acknowledged a debt, it 
may be recovered from him by the expedients of 
friendly expostulation and the rest, by moral suasion, 

50. Rata. p. 54 ; Col. Dig. I, 5, 189 ; Viv. p. 39. 

51. Rata. p. 57 ; Col. Dig. I, 5, 201 ; May. p. 113. Regarding 
promises made under the influence of love or wrath, see Katyiyana 

X, 53. 54- 

52. Rata. p. 64 ; Col. Dig. 1, 5, 174 ; May. p. 114 ; Viv. p. 37. 

53. Viram. p. 354 (' KStylyana ') ; Col. Dig. I, 5, 217 ; Rata, 
p. 60. ' Protector' means husband. Ratn. ' Barbers,' napita, are 
referred to according to the reading of the Ratnakara. The Virami- 
trodaya reads navika, ' sailors,' which reading is mentioned as a 
varia lectio in the Ratnakara. Colebrcoke has 'shepherds.' 

54. Col. Dig. I, 6, 244 ; May. p. 109. 

Digitized by 


33° B/J/HASPATI. XI, 55. 

by artful management, by compulsion, and by con- 
finement at his house. 

55. When a debtor is caused to pay by the advice 
of friends or kinsmen, by friendly remonstrances, by 
constant following, or by (the creditor) starving him- 
self to death, it is termed moral suasion. 

56. When a creditor, with a crafty design, borrows 
anything from his debtor, for his own use, or with- 
holds an Anvahita deposit or the like, and thus 
enforces payment of the debt, it is termed artful 

57. When a debtor is fettered and conducted into 
(the creditor's) own house, where he is compelled to 
pay the debt by beating or other (forcible) means, it 
is called compulsion. 

58. When a debtor is made to pay by confining 
his wife, son or cattle, and by watching at his door, 
it is termed A&irita (the customary mode). 

59. An indigent debtor may be taken to his own 
house by the creditor and compelled to do work 
there, such as distilling spirits and the like ; but a 
Brahman must be made to pay gradually. 

55. Col. Dig. I, 6, 236; May. p. 109; Ratn. p. 67; Viv. p. 43. 
The term praya or pr&yopav&rana corresponds without doubt to 
the modern custom of Dhar«a, or ' fasting upon ' a debtor, when the 
creditor places himself before the debtor's house and threatens to 
starve himself to death, unless the debt be paid. It is true that 
some commentators interpret praya by ' importunate demands ' 
(prarthanabahulya or prarthanS). 

56. Col. Dig. I, 6, 238 ; May. p. 109, &c. ' With a crafty design,' 
as e. g. when valuable ornaments are borrowed from the debtor, on 
the pretence of using them at a festivity. ' An Anvahita deposit ' is 
an article deposited for delivery to another person. Viram. p. 333. 

57. Col. Dig. I, 6, 240. 58. Col. Dig. I, 6, 239. 
59. Ratn. p. 71 ; Col. Dig. I, 6, 246. 

Digitized by 


XI, 65. THE LAW OF DEBT. 33 1 

60. When the time fixed (for payment) has 
elapsed, and the interest has ceased (on becoming 
equal to the principal), the debtor may either recover 
his loan or cause a new bond to be written in the 
form of compound interest. 

61. As compound interest is taken on the doubled 
principal, so does the use of a pledge (become a new 
principal), the debt together with the interest being 
considered as the (new) principal. 

62. This rule concerns an acknowledged (debt) ; 
but (a debtor) denying (his liability) shall be com- 
pelled to pay, on the debt being proved in a (judicial) 
assembly by a document or by witnesses. 

63. (A debtor) claiming judicial investigation in a 
doubtful case, shall never be put under restraint (by 
the creditor). He who puts under restraint one not 
liable to such treatment, shall be fined accordingto law. 

64. A debtor who makes a declaration in this form, 
' What may be found to be justly due, that I will pay,' 
is termed 'one claiming judicial investigation.' 

65. When there is a difference of opinion between 
the two parties regarding the nature (of the loan), or 
the number or the like, or the (amount of) interest, 

60. May. p. 1 10 ; Col. Dig. I, 6, 255. The new bond is to be 
one in which the interest is calculated on the interest added to the 
principal, i. e. on the doubled principal. 

61. Ratn. p. 72; Col. Dig. I, 6, 259. The comparison here 
proposed relates to the case when a pledge for use has been 
accidentally destroyed, and a new bond is executed, in which the 
interest is calculated on the principal together with the lost usufruct. 

62. Ratn. p. 75; May. p. no; Col. Dig. I, 6, 160. 

63. May. p. no; Col. Dig. I, 6, 161. 

63-65. Ratn. p. 25. 64. May. p. no; Col. Dig. I, 6, 162. 

65. Col. Dig. I, 6, 163. ' The nature of the loan,' whether it be 

gold or silver, &c; ' or the like,' such as the pledge given, &c. Ratn. 

Digitized by 


332 BK/HASPATI. XI, 66. 

or whether the sum be due or not, it is termed a 
doubtful case. 

66. Should a man, after recovering his debt by 
moral suasion or one of the other modes, fail to re- 
ceipt it on the bond, or to give a deed of acquittance, 
it shall yield interest (to the debtor). 

XII. Deposits. 

i. The Law of Debt, beginning with the delivery 
of a loan and ending with its recovery, has been 
declared. Hear, now, the complete set of rules con- 
cerning Deposits. 

2. When any chattel is deposited in the house of 
another man, through fear of the king, robbers, or 
other dangers, or for the purpose of deceiving one's 
heirs, it is called a Nyasa deposit 

3. When a chattel enclosed in a cover and marked 
with a seal (is deposited) without describing its nature 
or quantity, and without showing it, it is termed an 
Aupanidhika deposit. 

4. Let a man make a deposit, after duly consider- 
ing the place, house, master of the house, the power, 
means, qualities, veracity, and kindred (of the de- 

5. (A deposit) is declared to be of two sorts : 

66. Ratn. p. 80 ; Col. Dig. I, 6, 288. The term vrtddhi, 'in- 
terest,' is interpreted ' forfeiture ' by a certain number of com- 
mentators. This erroneous interpretation has been adopted by 
Colebrooke. Sir W. Jones has the correct translation. 

XII, 1. Ratn. p. 83; Col. Dig. II, 1, 1. 

2. Ratn. p. 83; Col. Dig. II, 1, 6; Vtram. p. 361. 

3. Ratn. p. 83; Col. Dig. II, 1, 7 (with several different 

4. Ratn. p. 85 ; Col. Dig. II, 1,14. 

5-8. Ratn. pp. 85, 86 ; Col. Dig. II, i, 19, 

Digitized by 


xii, ii. deposits. 333 

attested, or deposited in private ; it must be guarded 
with the same care as a son ; for it would be destroyed 
by neglect. 

6. The merit of one who preserves a deposit or 
one who places himself under his protection, is equal 
to the merit of one who gives (articles made of) gold, 
or of base metal, or clothes. 

7. The sin of those who consume or spoil (by 
negligence) a bailed chattel is as great as (the sin) 
of a woman who injures her husband, or of a man 
who kills his son or his friend. 

8. It is the best course not to accept a deposit ; 
but to destroy it (after having received it) is dis- 
graceful ; after having taken it, a man should keep 
it carefully and restore it when it has been asked for 
even once only. 

9. A deposit must be returned to the very man 
who bailed it, in the very manner in which it was 
bailed ; it must not be delivered to the successor of 
that man, 

10. When a deposit is destroyed, together with 
the goods of the depositary, by the act of fate or of 
the king, (the depositary) is not to blame. 

1 1. If the depositary should suffer the deposit to 
be destroyed by his want of care or indifference, or 
should refuse to restore it on being asked for it, he 
shall be made to pay (the value of) it with interest. 

6, 9. May. p. 115. 7, 8. Col. Dig. II, 1, 19. 

9. Col. Dig. II, 1, 18; Viv. p. 51 ; Ratn. p. 87. 

10. Ratn. p. 88; Col. Dig. II, 1, 23; Vtram. p. 362; May. 
p. 116. 

11. Ratn. p. 90; Col. Dig. II, 1, 34; May. p. 116; Viv. p. 53. 
The commentators take bheda, ' want of care,' to mean separation 
of the deposit from the depositary's own property, and bestowing 
less care on it than on the effects of the depositary. 

Digitized by 


334 BWHASPATI. XII, 12. 

12. Should any (depositary) procure advantage 
for himself by an article deposited (with him), he 
shall be fined by the king, and compelled to pay its 
value together with interest. 

13. He who, after receiving a deposit, denies the 
fact, and is convicted by (the evidence of) witnesses 
or ordeal, shall be compelled to give up the deposit 
and to pay an equal amount as a fine. 

14. When a dispute arises with regard to a de- 
posit privately made, the performance of an ordeal 
is ordained for both parties, to establish the facts of 
the case. 

15. The same set of rules applies in the case of a 
bailment for delivery (to a third person), a loan for 
use, an article delivered to an artist (such as gold 
delivered to a goldsmith to be worked by him into 
an earring), a pledge, and a person offering himself 
for protection. 

XIII. Sale without Ownership. 

1. Immediately after deposits, sale by another 
person than the owner has been declared by 
Bhrz'gu ; listen attentively, I will expound that 
subject thoroughly. 

12. Ratn. p. 91; Col. Dig. II, 1, 31. The commentators ob- 
serve that the use here referred to must have been made without 
the consent of the owner. 

13. Ratn. p. 93; Col. Dig. II, 1, 45. 

14. Ratn. p. 95; Vfram. p. 366. The term 'both parties' is 
used in order to imply that the ordeal may be performed either by 
the alleged depositor or depositary. Vtram. 

15. May. p. 116 ; Ratn. p. 96 ; Viv. p. 54. 
14, 15. Col. Dig. II, 1, 12. 

XIII, 1. Ratn. p. 101; Col. Dig. II, 2, 1. 

Digitized by 



2. An open deposit, a bailment for delivery 
(Anvahita), a Nyasa (sealed) deposit, stolen pro- 
perty, a pledge, or what has been borrowed for use : 
when any one of these articles has been sold in 
secret by a man, he is declared a person different 
from the owner (asvimin). 

3. When the vendor has been produced and has 
been cast in the suit, (the judge) shall cause him to 
pay the price and a fine to the buyer and king re- 
spectively, and to restore the property to the owner. 

4. When the former owner comes forward and 
makes good his claim to the thing bought, the 
vendor shall be produced (by the purchaser) ; by 
doing so, the purchaser may clear himself. 

5. That greedy man who covets another man's 
property, without having any claim to it, shall be 
compelled to pay twice the value (of the property 
claimed) as a fine, if he is unable to prove his claim. 

6. When there is no evidence in a suit, the king 
shall consider the character of the parties and pass 
a decree himself, according to the equal, greater, or 
less (credibility of the parties). 

7. When a purchase has been made before an 
assembly of merchants, the king's officers being 
aware of it (also), but from a vendor whose habita- 
tion is unknown ; or when the purchaser has 
deceased : 

8. The owner may recover his own property by 

2. Ratn. p. 101; Col. Dig. II, 2, 2 ; Viram. p. 374. 

3. Ratn. p. 102 ; Col. Dig. II, 2, 30; Viv. p. 57. 

4. Ratn. p. 101 ; Col. Dig. II, 2, 33 ; Vfram. p. 379. 

5. Ratn. p. 106 ; Col. Dig. II, 2, 46. 

6. Ratn. p. 108; Col. Dig. II, 2, 52. 

7-9. Ratn. p. 109; Col. Dig. II, 2, 53, 54. 


Digitized by^ 

336 bwhaspati. xin, 9. 

paying half the price (tendered), the custom in that 
case being that one half of the value is lost to each 
of the two. 

9. A purchase from an unknown (vendor) is one 
fault (in that case) ; want of care in keeping it is 
another ; these two faults are viewed by the wise as 
legitimate grounds of loss to each party. 

10. When a man purchases (a commodity) at a 
fair price, and (the purchase) has been previously 
announced to the king, there is no wrong about it ; 
but he who makes a fraudulent purchase is a thief. 

1 1 . That should be known as a fraudulent purchase 
which is made at an unreasonably low price, in the 
interior of a house, outside of the village, at night, 
in secret, or from a dishonest person. 

XIV. Concerns of a Partnership. 

1. Trade or other occupations should not be 
carried on by prudent men jointly with incompetent 
or lazy persons, or with such as are afflicted by an 
illness, ill-fated, or destitute. 

2. A man should carry on business jointly with 
persons of noble parentage, clever, active, intelligent, 
familiar with coins, skilled in revenue and expendi- 
ture, honest, and enterprising. 

3. As an equal, smaller, or larger share (of the 

10, n. Viv. p. 60; Vtram. p. 375; Col. Dig. II, 2, 57. In 10, 
Colebrooke has 'delivered by the owner in the presence of credible 
persons.' I have translated the reading of the Vlramitrodaya, 
'previously announced to the king.' In n, the clause 'in secret' 
is omitted in the Vtramitrodaya. 

XIV, 1, 2. Ratn. p. in; Col. Dig. II, 3, 2; Vfram. pp. 383, 

3. Ratn. p. 112; Col. Dig. II, 3, 5. 

Digitized by 



joint stock) has been contributed by a partner, in the 
same proportion shall he defray charges, perform 
labour, and obtain profit. 

4. Of those who lend (jointly) gold, grain, liquids 
and condiments, or the like, the gain shall be equal 
to their respective shares (of the joint expenditure), 
whether equal, more, or less. 

5. Whatever property one partner may give (or 
lend), authorized by many, or whatever contract he 
may cause to be executed, all that is (considered as 
having been) done by all. 

6. They are themselves pronounced to be arbi- 
trators and witnesses for one another in doubt- 
ful cases, and when a fraudulent act has been 
discovered, unless a (previous) feud should exist 
between them. 

7. When any one among them is found out to 
have practised deceit in a purchase or sale, he must 
be cleared by an oath (or ordeal) ; such is the rule in 
all disputes (of this sort). 

8. When a loss or diminution has occurred through 
fate or the king, it is ordained that it should be 
borne by all (partners) in proportion to their respec- 
tive shares. 

9. When (a single partner acting) without the 
assent (of the other partners) or against their 
express instructions injures (their joint property) 

4. Ratn. p. 123; Col. Dig. II, 3, 45. 

5-7. Ratn. pp. 123, 113; Col. Dig. II, 3, 45, 9, 10; May. p. 
121 ; Vlram. p. 385. 

8. Ratn. p. 113; Col. Dig. II, 3, 11. 'A loss,' destruction of 
the principal ; ' diminution,' loss of profits. Ratn. 

9. Ratn. p. 113; Col. Dig. II, 3, 12; Viv. p. 61 ; Vtram. p. 

[33] z 


Digitized by 


338 BR/HASPATI. XIV, 10. 

through his negligence, he must by himself give a 
compensation to all his partners. 

10. That (partner), on the other hand, who by his 
own efforts preserves (the common stock) from a 
danger apprehended through fate or the king, shall 
be allowed a tenth part of it (as a reward), the 
remainder being distributed among the other (part- 
ners), according to their shares (in the stock). 

ii. Should any such partner in trade happen to 
die through want of proper care, his goods must be 
shown (and delivered) to officers appointed by the 

12. And when any one comes forward claiming 
that man's property as heir (to the deceased partner), 
he shall prove his right to it by (the evidence of) 
other men, and then let him take it. 

13. The king shall take a sixth, a ninth, and a 
twelfth part respectively from the property of a 
6"udra, Vaifya, and Kshatriya ; and a twentieth from 
the property of a Brahman. 

14. But after the lapse of three years, if no owner 
should come forward by any means, the king shall 
take that property; the wealth of a Brahman he 
shall bestow on (other) Brahmans. 

15. So among (several) persons jointly performing 
a ceremony, if any one should meet with an accident, 
his (part of) the ceremony shall be performed by a 
kinsman of his, or by all his associates (in work). 

10. Ratn. p. 114; Col. Dig. II, 3, 15; Viv. p. 61 ; Viram. p. 

n, 12. Ratn. p. 116 ; Col. Dig. II, 3, 21 ; Viv. p. 63. 

13, 14. Ratn. p. 116; Col. Dig. II, 3, 22; Viv. p. 64. 

15. Ratn. p. 117; Col. Dig. II, 3, 29; Viv. p. 65. 'A cere- 
mony,' such as a sacrifice. 

Digitized by 



16. They (the officiating priests) are pronounced 
to be threefold: coming (of their own accord), 
hereditary in the family, and appointed by (the 
sacrificer) himself; their business should be per- 
formed by them accordingly. 

17. To a kinsman, relative, or friend one may 
lend money with a pledge (only) ; a loan to others 
must be guaranteed by a surety, or there must be a 
written contract or witnesses. 

18. Gold or silver may be lent according to one's 
own choice ; liquids and condiments, and grain, for 
a specified period only ; it is by local custom that 
both the loan and its recovery should be regulated. 

19. That, however, which has been lent by several 
persons in common, must be recovered by them 
jointly; any (such lender) who fails to demand 
(the loan together with his partners) shall forfeit 

20. The law regarding loans has been declared 
before, (therefore) it is referred to in an abridged 
form only in the present chapter. Listen to the 
legal rules regarding cultivators of the soil and 
other (associates in work), which are declared as 

21. Tillage should be undertaken by a sensible 

16. Ratn. p. 120; Col. Dig. II, 3, 44. The analogous text of 
Narada shows that officiating priests are the persons intended by 
this rule. 

17-26. Ratn. pp. 123, 124 ; Col. Dig. II, 3, 47-51. 

18. In a loan of gold, a definite period for its return need not 
be specified ; but for liquids, &c. the stipulation of a fixed term is 
necessary. Ratn. 

20. ' Declared before,' i. e. in Chapter XI. All the rules de- 
clared in that chapter are equally applicable to loans made by an 

Z 2 

Digitized by 


340 BK/HASPATI. XIV, 22. 

man jointly with those who are his equals in point 
of cattle, workmen, seeds, and the like, as well as 
implements of husbandry. 

22. They should refrain anxiously from cultivating 
an enclosed pasture-ground, land adjacent to a town, 
or to the king's highway, barren soil, and ground 
infested by mice. 

23. That man will enjoy produce who sows fertile 
land, which has many holes and is wet, capable of 
irrigation, surrounded by fields on all sides, and culti- 
vated in due season. 

24. A sensible cultivator must not admit cattle 
which is lean, very old, tiny, diseased, apt to run 
away, blind of one eye, or lame. 

25. When by the deficiency of one (partner) as to 
cattle or seeds a loss happens in (the produce of) the 
field, it must be made good by him to all the 

26. This primeval set of rules has been declared 
for cultivators of the soil. 

27. One able to work up gold, silver, thread, wood, 
stone, or leather, and acquainted with the articles to 
be manufactured (with such materials), is called .Silpin 
(an artizan or artist) by the wise. 

28. When goldsmiths or other (artists) practise 
their art jointly, they shall share the profits in due 
proportion, corresponding to the nature of their 

27, 28. Ratn. p. 124; Col, Dig. II, 3, 52; Viv. p. 70; Viram. 
p. 396. Some compilations exhibit the readings kupya, 'base 
metals,' for rupya, 'silver;' pattra, 'leaves,' for sutra, 'thread; 1 
tattatkal&bhJ£#aA, ' acquainted with the minute particles of these 
materials,' for Aa. phalSbh^aA, ' and acquainted with the articles 
to be manufactured.' 

Digitized by 



29. The headman among a number of workmen 
jointly building a house or temple, or digging a pool 
or making articles of leather, is entitled to a double 
share (of the remuneration). 

30. The same rule has been declared by virtuous 
men for musicians ; he who knows how to beat the 
time shall take a share and a half, but the singers 
shall take equal shares. 

31. When anything has been brought from a 
hostile country by freebooters, with the permission 
of their lord, they shall give a sixth part to the king 
and share (the remainder) in due proportion. 

32. Four shares shall be awarded to their chief; 
he who is (specially) valiant shall receive three 
shares ; one (particularly) able shall take two ; and 
the remaining associates shall share alike. 

XV. Resumption of Gifts. 

1. The system of rules relative to Concerns of a 
Partnership has been fully declared thus ; the rules 
regarding what may, or may not, be given, valid, 
and invalid gifts, will be declared (next). 

29. Ratn. p. 125; Col. Dig. II, 3, 54; May. p. 121 ; Viv. p. 
70 ; Vtram. p. 390. The last two works read vapi for vapi, and 
under this reading the clause ' or digging a pool ' would have to 
be omitted. The Mayukha reads dharmika, ' sacred articles,' for 
^armika, ' articles made of leather.' 

30. Ratn. p. 125; Col. Dig. II, 3, 55; Viv. p. 71; Viram. p. 
391 ; May. p. 121. 

31. 32. Ratn. p. 125; Col. Dig. II, 3, 56 ; Viv. p. 71; Vtram. 
p. 391. ' Their chief,' i. e. one who exerts mind and body. Ratn., 

XV, 1. Ratn. p. 127; Col. Dig. II, 4, 1 ; Viram. p. 392. 


Digitized by 


342 BK7HASPATI. XV, 2. 

2. That which may not be given is declared to be 
of eight sorts, joint property, a son, a wife, a pledge, 
one's entire wealth, a deposit, what has been borrowed 
for use, and what has been promised to another. 

3. What remains after defraying (the necessary 
expenses for) the food and clothing of his family, may 
be given by a man ; otherwise (by giving more than 
that), the religious merit (supposed to be acquired 
by the giver) though tasting like honey at first, will 
change into poison in the end. 

4. When any field (or house) is given away, be- 
longing to a number of houses or fields acquired in 
one of the seven modes of (lawful) acquisition, it is 
ordained to be viewed as a valid gift, whether it 
have been inherited from the father or acquired by 
the donor himself. 

5. Self-acquired property may be given away at 
pleasure (by its owner) ; a pledge may be disposed of 
according to the rules of mortgage ; in the case of 
property received as a marriage portion, or inherited 
from an ancestor, the bestowal of the whole is not 

6. When, however, a marriage gift, or inherited 
property, or what has been obtained by valour, is 

2. Ratn. p. 127 ; Col. Dig. II, 4, 5 ; Viv. p. 72 ; Vfram. p. 392. 

3. Ratn. p. 129 ; Viv. p. 75 ; Col. Dig. II, 4, 18. 

4. 5. Viv. p. 76. The seven modes of acquisition are, according 
to Manu (X, 1 1 5), inheritance, finding, purchase, conquest, lending 
at interest, doing work, and the acceptance of gifts from virtuous 
men. The prohibition to give away the whole, in 5, relates to 
property acquired by valour as well, according to the Ratnakara. 
The clause translated by ' bestowal of the whole ' may also mean, 
'every gift,' i.e. a gift not sanctioned by the persons referred 
to in 6. 

4-7- Ratn. p. 130; Col. Dig. II, 4, 18. 

Digitized by 



given with the assent of the wife, kinsmen, or 
supreme ruler, the gift acquires validity. 

7. Co-heirs (or joint-tenants), whether divided in 
interests or not, have an equal claim to the immov- 
able wealth; a single (parcener) has no power to 
give, mortgage, or sell the whole (wealth). 

8. The following eight sorts of gifts are recognised 
as valid by persons acquainted with the law of gift, 
viz. wages, (what was given) for the pleasure (of 
hearing bards, or the like), the price of merchandise, 
the fee paid for (or to) a damsel, (and what was 
given) to a benefactor (as a return for his kindness), 
through reverence, kindness, or affection. 

9. What has been given by one angry, or resent- 
ing an injury, or through inadvertence, or by one 
distressed, by a minor, a madman, one terrified, in- 
toxicated, overaged, cast out from society, idiotic, 
or afflicted with grief or an illness, 

10. Or what is given in jest ; all such gifts are 
declared to be void gifts. 

1 1 . When anything has been given through desire 
of a reward, or to an unworthy man mistaken for a 
worthy person, or for an immoral purpose, the owner 
may resume the gift. 

XVI. Master and Servant. 
1. What may not be given and kindred subjects 
have been declared ; the law of servants shall be 
propounded next. (There) the title of Breach of 
Promised Obedience is treated first. 

8. Rata p. 133; Col. Dig. II, 4, 49; Viv. p. 81. 
9, 10. Ratn. p. 136 ; Viv. p. 83 ; Col. Dig. II, 4, 62. 
11. Ratn. p. 136; Viv. p. 83 ; Col. Dig. II, 4, 62. 
XVI, 1, a. Ratn. p. 139; Col. Dig. Ill, 1, 1; Viv. p. 84. 


Digitized by 


344 BX/HASPATI. XVI, a. 

2. The titles of non-payment of wages, and then 
(of disputes) between the owner (of cattle) and his 
servants are to follow in due order. Such are the 
three divisions of (the law of) servants. 

3. They are pronounced to be of many sorts, 
according to their particular caste and occupation; 
and fourfold, according as they serve for science, 
human knowledge (or skill), love, or gain. 

4. Each of these is again divided (into several 
species), according to the difference of occupation. 

5. Science is declared to be a knowledge of (one 
of) the three Vedas, called Rig-veda, S&ma-veda, and 
Ya^ur-veda ; for the purpose of acquiring such 
knowledge, he should pay obedience to a spiritual 
teacher, as ordained in law. 

6. Arts (consisting of) work in gold, base metals, 
arid the like, and the art of dancing and the rest are 
termed human knowledge; he who studies them 
should do work at his teacher's house. 

7. He who has intercourse with another man's 
female slave, should be considered as a slave for the 
sake of his paramour; he must do work for her 
master, like another hired servant. 

8. The servant for gain (or pay) is declared to be 
of many sorts, another is the servant for a share (of 
the gain). Of all, a low, a middle, and a high sort 
is distinguished. 

9. A servant engaged for a day, a month, half a 
month, a sixmonth, two months, or a year, must do 

3, 4. Ratn. p. 140; Col. Dig. Ill, 1, 4; Viv. p. 84. 

5. Ratn. p. 140 ; Col. Dig. Ill, 1, 8 ; Viv. p. 86. 

6. Ratn. p. 141; Col. Dig. Ill, 1, 16 ; Viv. p. 86. 

7. Viv. p. 87 ; Col. Dig. Ill, 1, 32. 

V. nam. p. l^l, w/l. -^Ig. "1, », »« , •»»• y u 

7. Viv. p. 87 ; Col. Dig. Ill, 1, 32. 

8-1 1. Ratn. pp. 142, 143 ; Col. Dig. Ill, i, 24. 

Digitized by 



the work which he promised to do, and receives the 
stipulated fee. 

10. The warrior is the highest of these ; the cul- 
tivator of the soil is the middlemost ; the porter is 
declared to be the lowest, and so is (a servant) 
employed in household work. 

11. A servant for a share of the gain is declared 
to be twofold, either serving a husbandman or an 
owner of cattle ; he shall receive, no doubt, a share 
of the grain produced, or of the milk. 

12. A third or a fifth (of the produce) shall be 
awarded to the cultivator of the soil as his share. 

1 3. Let that cultivator to whom food and clothing 
is given take a fifth of the crop ; and let him who 
serves in consideration of the profit (alone) take a 
third part of the grain produced. 

14. Should a hired servant fail in the performance 
of ever so small a part of his master's work, he 
forfeits his wages, and may be sued in court for his 

15. When a servant does not perform his work 
after having received his wages, though able (to do 
work), he shall be compelled to pay twice as much 
(as his wages) as a fine (to the king), and (shall 
restore) the wages (to his master). 

16. He who has promised (to do work) and does 
not perform it, shall be compelled to do so by forcible 
means even ; and if, through obstinacy, such a servant 
should still not do it as engaged for, he shall be fined 

12, 13. Ratn. pp. 157, 158 ; Col. Dig. Ill, 1, 66, 67. 

14, 15. Ratn. p. 159; Col. Dig. Ill, 1, 71. 

16. Ratn. p. 160; Col. Dig. Ill, 1, 75. There is another 
reading, translated by Colebrooke, under which the fine is to 
amount to two hundred Pawas, instead of eight Kri'sh«alas. 


Digitized by 



eight KWshwalas, and his wages shall not be paid 
to him. 

1 7. When a servant, commissioned by his master, 
does any improper act (such as theft) for the benefit 
of his master, the latter shall be held responsible 
for it. 

18. When a master does not pay wages for the 
labour stipulated after the work has been performed, 
he shall be compelled by the king to pay it, and a 
proportionate fine besides. 

19. (A man) hired for attendance on milch cows of 
another shall receive the whole milk every eighth day. 

20. (A cowherd) shall save cattle from danger of 
reptiles, robbers, and tigers, and from caverns or 
pits ; let him try his best to protect them, call out 
for help, or give notice to his master. 

XVII. Violation of Agreements. 

1. Thus has been declared the law concerning the 
mutual relations between master and servant ; learn 
now concisely the performance of agreements. 

2. Brahmans imbued with a knowledge of the 
Veda and of sacred lore, learned divines, and 
persons keeping a sacrificial fire, (the king) should 
worship, establish them there (in his kingdom), and 
provide a maintenance for them. 

17. Ratn. p. 162 ; Col. Dig. Ill, 1, 84 ; Viv. p. 100. 

18. Ratn. p. 165 ; Col. Dig. Ill, 1, 93 ; Viv. p. 100. 

19. Viv. p. 105; Ratn. p. 170; Col. Dig. Ill, 4, 4. 

20. Ratn. p. 172 ; Viv. p. 106 ; Col. Dig. Ill, 4, 10. 
XVII, 1-10. Ratn. pp. 177-179; Col. Dig. Ill, 2, 2, 6. 

2-9. Vtram.pp. 423-427. The readings given in the Virami- 
trodaya have been translated everywhere, except in 2, where the 
Ratn&kara has been followed. 

Digitized by 



3. Let him bestow on them houses and landed 
property, exempt from taxation, declaring in a 
written grant that the revenue is remitted. 

4. They shall perform for the citizens constant, 
special, and voluntary rites, as well as expiatory 
and auspicious ones, and pass a decision in doubtful 

5. A compact formed among villagers, companies 
(of artizans), and associations is (called) an' agree- 
ment; such (an agreement) must be observed both 
in times of distress and for acts of piety. 

6. When a danger is apprehended from robbers 
or thieves, it is (considered as) distress common to 
all ; in such a case, (the danger) must be repelled by 
all, not by one man alone whoever he may be. 

7. Mutual confidence having first been established 
by means of (the ordeal by) sacred libation, by a 
stipulation in writing, or by umpires, they shall then 
set about their work. 

8. Enemies, dissolute, bashful, indolent, timid, 
avaricious, overaged or very young persons must 
not be chosen as intendants of affairs. 

9. Honest persons, acquainted with the Vedas 
and with duty, able, self-controlled, sprung from 
noble families, and skilled in every business, shall 
be appointed as heads (of an association). 

10. Two, three, or five persons shall be appointed 
as advisers of the association ; their advice shall be 
taken by the villagers, companies (of artizans), cor- 
porations (of cohabitants), and other (fellowships). 

11. When a stipulation has been entered in a 

11-14. Ratn. p. 181 ; Col. Dig. Ill, 2, 14 ; Viram. p. 425. For 
kulSyanaw in 13, the Viramitrodaya reads kuliyandairodhar k& and 

Digitized by 



document as follows, ' The construction of a house 
of assembly, of a shed for (accommodating travellers 
with) water, a temple, a pool, or a garden, 

12. Relief to helpless or poor people, the per- 
formance of sacrificial acts, a common path, or 
defence, shall be undertaken by us in proportionate 
shares :' that is a lawful agreement. 

13. (Such an agreement) must be kept by all. 
He who fails (in his agreement), though able (to 
perform it), shall be punished by confiscation of his 
entire property, and by banishment from the town. 

14. And for that man, whoever he may be, who 
falls out (with his associates), or neglects (his work), 
a fine is ordained amounting to six Nishkas of four 
Suvar»as each. 

15. He who injures the joint stock, or insults a 
Brahman acquainted with the three Vedas, or breaks 
the mutual agreement, shall be banished from the 

16. An acrimonious or malicious man, and one 
who causes dissension or does violent acts, or who 
is inimically disposed towards that company, asso- 
ciation, or the king, shall be banished instantly from 
the town. 

1 7. The heads of families, companies (of artizans) 
and associations, whether inhabiting a town or a 
stronghold, shall censure and reprimand offenders, 
and forsake them. 

interprets it by ' the maintenance of a family, including its preser- 
vation in times of distress.' 

15. Rata. p. 183 ; Col. Dig. Ill, 2, 19. 

16. Rata. p. 184; Col. Dig. Ill, 2, 20; Viram. p. 430. 

17. Rata. p. 184; Col. Dig. Ill, 2, 21; Vfram. p. 429; Viv. 
p. no. 

Digitized by 



18. Whatever is done by those (heads of an 
association), whether harsh or kind towards other 
people, must be approved of by the king as well ; 
for they are declared to be the appointed managers 
(of affairs). 

19. Should they agree, actuated by hatred, on 
injuring a single member of the fellowship, the king 
must restrain them ; and they shall be punished, if 
they persist in their conduct. 

20. When a dispute arises between the chiefs 
and the societies, the king shall decide it, and shall 
bring them back to their duty. 

21. Those (companions in trade) who conspire to 
cheat the king of the share due to him (of their 
profits), shall be compelled to pay eight times as 
much, and shall be punished if they take to flight. 

22. Whatever is obtained then by a man, shall 
belong to all in common ; whether it have been 
obtained a sixmonth or a month ago, it shall be 
divided in due proportion. 

23. (Or) it shall be bestowed on the idiotic, the 
aged, the blind, to women or children, to afflicted or 
diseased persons, to persons having issue, or the like 
(worthy persons). This is an eternal law. 

24. Whatever is obtained or preserved by the 
members of a fellowship, or spent on behalf of the 

18. Ratn. p. 184 ; Col. Dig. Ill, 2, 22 ; Viram. p. 429. 

19. Ratn. p. 184; Col. Dig. Ill, 2, 23 ; Viram. p. 429. 

20. Ratn. p. 184 ; Col. Dig. Ill, 2, 24. 

21. Ratn. p. 185; Col. Dig. Ill, 2, 27 ; Viv. p. no. 

22. Ratn. p. 186; Col. Dig. Ill, 2, 30; Viv. p. 116. The com- 
mentators observe that gifts obtained from a king are meant. 

23. 24. Ratn. pp. 186, 187; Col. Dig. Ill, 2, 31; Viram. p. 
432. For prakalpitam in 24, ' what is spent,' the last two works 
read rma/nkr/tam, 'what is borrowed.' 

Digitized by 


35° BK/HASPATI. XVni, I. 

society, or acquired through the king's favour, is 
common to all (members of the society). 

XVIII. Rescission of Purchase and Sale. 

i. This set of rules concerning the law of agree- 
ments has been briefly stated ; disputes arising from 
purchase and sale shall be treated next 

2. Two sorts of property are distinguished, im- 
movable and movable; when a purchase is concluded, 
the term ' vendible property' (pa»ya) is applied to 

3. The purchaser shall examine a chattel himself 
and show it to others ; when, after examining and 
approving it, he has accepted it, he is not at liberty 
to return it again. 

4. The foolish man who sells an article, though 
acquainted with its blemish, shall have to pay twice 
its value (to the vendee), and (a fine of) the same 
amount (to the king). 

5. What has been sold by one intoxicated or 
insane, or at a very low price, or under the impulse 
of fear, or by one not his own master, or by an idiot, 
shall be relinquished (by the purchaser, or it) may be 
recovered (from the purchaser) by forcible means. 

6. Within that period, if a blemish should be 

XVIII, i, 2. Ratn. p. 189; Col. Dig. Ill, 3, 1. 

3. Viram. p. 433; Col. Dig. Ill, 3, 11; Ratn. p. 198; Viv. 
p. 117. 

4. Viram. p. 441 ; Ratn. p. 192; Col. Dig. Ill, 3, 31 ; Viv. 
p. 114. 

5. Vfram. p. 441 ; Ratn. p. 193 ; Col. Dig. Ill, 3, 37. Thus, 
according to some commentators ; others construe the clause ' at a 
very low price ' with each part of the sentence. 

6. Viv. p. 116; Col. Dig. Ill, 3, 14; May. p. 131. 'Within 
that period,' i. e. the period allowed for examination. 

Digitized by 



discovered anywhere in the commodity purchased, 
it shall be returned to the vendor, and the pur- 
chaser shall recover the price. 

XIX. Boundary Disputes. 

1. This rule regarding rescission of purchase and 
sale has been declared. Hear the laws concerning 
boundaries of villages, fields, houses, and so forth. 

2. The determination of boundaries should be 
settled at the time of foundation, and it should be 
marked by visible and invisible signs, so as to dispel 

3. Wells, tanks, pools, large trees, gardens, temples, 
mounds, channels, the course of a river, reeds, shrubs, 
or piles of stones : 

4. By such visible signs as these a boundary line 
should always be caused to be marked ; also, by 
other (marks) deposited underground which the 
earth is not likely to destroy. 

5. Dry cowdung, bones, chaff, charcoal, stones, 
potsherds, sand, bricks, cows' tails, cotton seeds, and 
ashes : 

6. After having placed these substances in vessels, 
one should deposit them underground at the ex- 
tremities of the boundary. After that, one should 
take care to point them out to youths and infants. 

7. These (youths and infants) should again show 
them to their own children, after having grown old ; 

XIX, 1. Ratn. p. 201. 

2. Ratn. p. 202. 'Invisible signs' are substances deposited 

3, 4. Viv. p. 120 ; Ratn. p. 203 ; Vlram. p. 452. 

5, 6. Ratn. p. 204; May. p. 134; Vtram. pp. 452, 453. 
7. Ratn. p. 204. 

Digitized by 


35 2 BJl/HASPATI. XIX, 8. 

by knowledge thus passing from one generation to 
the other, doubts regarding boundaries may be 

8. In disputes regarding a house or field, the 
decision belongs to the neighbours, as well as to the 
inhabitants of that town or village, or to members 
of the same society, and to the elders (of that 

9. (Likewise, to) husbandmen, artizans, servants, 
cowherds, hunters, gleaners, diggers of roots, fisher- 
men, kinsmen, mischief-makers, and robbers. 

10. After having been adjured by imprecations 
befitting their station, they shall determine the 
boundary, and shall indicate the marks deposited 
underground, as evidence. Such is the law. 

11. In default of witnesses and signs, even a 
single man, agreeable to both parties, may fix the 
boundary, wearing a red garland of flowers and a 
red cloak, putting earth on his head, adhering to 
truth, and. having kept a fast. 

1 2. Neighbours born in that district, though they 
be living abroad, are termed natives of the place ; 
they should be consulted in the decision of a suit. 

1 3. What they should declare in a doubtful case, 
as honest men and impartial to both parties, shall 
be held decisive ; thus justice will not be violated. 

14. Those are witnesses in a suit of this kind who 
know the title of acquisition, the size, the duration 
of the enjoyment, the name, and the characteristics 
of the land in question. 

8, 9. Ratn. p. 209. 10. Ratn. p. 210; Vtram. p. 45 

11. Vlram. p. 458; Ratn. p. 211; Viv. p. 122; May. p. 134, 
12, 13. Ratn. p. 213. 14. Viram.p. 453. 

Digitized by 



15. The same rule holds good in all suits con- 
cerning immovable property. If their statements do 
not agree, they shall be made to pay the highest 

16. Supposing a piece of land to have been taken 
from a village belonging to one man, and given to 
another man, either by a large river or by the king, 
what should be decided in that case ? 

1 7. The land abandoned by a river or granted by 
the king belongs to him who receives it. Otherwise, 
there would be no acquisition through fate or the 
king among men. 

18. Loss and gain and life among men depend on 
the act of fate and of the king ; therefore, in all 
affairs, what is effected by them must not be 

1 9. When a river has been fixed as the boundary 
line between two villages, it shall never be removed, 
on account of loss or gain arising (from that river to 
either village). He who removes it, is liable to 

20. The encroachment (of a river) on one side 
produces an increase of land elsewhere in banks of 
rivers ; that (increase) must not be taken from him 
(who gets it). 

21. When land is carried away by the swift course 

15. Vtram. p. 457; Smrrti£. 

16-23. Rata. pp. 216, 217; Viv. pp. 123, 124; Vtram. pp. 461, 
462. The second half of 19 is read as follows in the Vframitro-: 
day a, '(The river) effects gain or loss, according as people are 
lucky or unlucky.' This reading may have crept in from 16. For 
taulya, I read &&\y&, with Vtram. 

a 1. Such a tilled piece of land shall be made over to the previous 
owner till the harvest is over. When the harvest is over, the 
previous rule (20) holds good. Vtram. 

[33] A a 

Digitized by 


354 BWHASPATI. XIX, 33. 

of a river overflowing a tilled piece of ground, the 
previous owner shall recover it. 

22. When land is taken from one man by a king 
actuated by anger or avarice, or using a fraudulent 
pretext, and bestowed on a different person as a mark 
of his favour, such a gift is not considered as valid. 

23. When (however) land is taken from a person 
enjoying it without a legitimate title of ownership, 
and given to a worthier person, (the latter) must not 
be deprived of it. 

24. A house, pool, shop or the like having been 
used by a man since the time of its foundation, must 
not be taken from him, nor diminished or altered. 

25. A window, a watercourse, a peg projecting 
from a wall (used to hang things upon), a shed 
(erected in a courtyard), a square of four buildings, 
and a channel for the exit of water (after a rainfall), 
must not be blocked up, when previously constructed. 

26. A privy, a fireplace, a pit, or a receptacle 
for leavings of food and other (rubbish), must never 
be made very close to the house of another man. 

27. A passage by which men and animals go to 
and fro unprevented is called Sa*»sara#a, and must 
not be obstructed by any one. 

28. He who purposely crowds such a place (by 
carts and the like), or makes a pit, or plants trees, 
or voids excrements, shall pay a Mashaka as a fine. 

23. I read vai datt£, with Viram., for vadeya or vadatla (Ratn., 

24. Viv. p. 124; Viram. p. 463; Ratn. p. 219. 

25. Viv. p. 124; Viram. p. 465; Ratn. p. 219. 

26. Viv. p. 125; Viram. p. 464; Ratn. p. 219 ; May. p. 135. 

27. May. p. 136; Viv. p. 125 ; Ratn. p. 220; Viram. p. 464. 

28. Viram. p. 465; May. p. 136. 

Digitized by 



29. When a man has leased ground, he shall 
sow and watch it, and reap the harvest in due season. 
If he fails to do so, he shall be compelled to make 
good the average value of the crop to the owner. 

XX. Defamation. 

1. Injury (parushya) is declared to be of two 
kinds, harsh speeches and beating; each of these 
two kinds is again divided into three species, and 
the punishment is pronounced to be threefold. 

2. Abuse of the first (or lowest) degree means 
offensive language against, or defamation of, a 
country, village, family, or the like, without (men- 
tioning) an (individual ignominious) act. 

3. Referring (in terms of contempt) to a man's 
sister or mother, or charging him with a minor sin, 
is termed abuse of a middling sort by the learned 
in law. 

4. Charging a man with taking forbidden food or 
drinks, or taxing him with a mortal sin, or maliciously 
exposing his weakest points, is termed abuse of the 
highest degree. 

5. When two persons abuse each other, their 
punishment shall be equal, if they are equals in 
caste ; if one is inferior to the other, his punishment 
shall be double ; for a superior, half (of the ordinary 
punishment) is ordained. 

29. Viv. p. 129; Ratn. p. 229. 

XX, 1. Ratn. p. 243 ; Viv. p. 138. The former work reads 
'two species.' 

2-4. Ratn. pp. 243, 244 ; Viv. p. 138 ; May. p. 137 ; Viram. p. 
483. ' Terms of contempt' in 3 means filthy speeches, such as 'I 
shall visit your sister or mother.' 

5. Ratn. p. 245 ; Viram. p. 484. 
Aa 2 

Digitized by 


356 BK7HASPATI. XX, 6* 

6. When persons equal in caste and qualities 
abuse one another, the punishment ordained for 
them in the system of law is thirteen Pa#as and a 

7. For a Brahman abusing a Kshatriya, the fine 
shall be half of a hundred (fifty Pa«as) ; for abusing 
a Vaijya, half of fifty (twenty-five Pa#as) ; for abus- 
ing a 6udra, twelve and a half. 

8. This punishment has been declared for (abus- 
ing) a virtuous 6udra who has committed no wrong ; 
no offence is imputable to a Brahman for abusing (a 
3udra) devoid of virtue 

9. A VaLyya shall be fined a hundred (Pa»as) for 
reviling a Kshatriya ; a Kshatriya reviling a Vaiyya 
shall have to pay half of that amount as a fine. 

10. In the case of a Kshatriya reviling a 6udra, 
the- fine shall be twenty Pawas; in the case of a 
VaLfya, the double amount is declared to be the 
proper fine by persons learned in law. 

11. A .Sudra shall be compelled to pay the first 
fine for abusing a Vauya ; the middling fine (for 
abusing) a Kshatriya ; and the highest fine (for 
abusing) a Brahman. 

1 2. (A .Sudra) teaching the precepts of religion, 
or uttering the words of the Veda, or insulting a 
Brahman, shall be punished by cutting out his 

13. (A man) reviling a sister or other (relation) of 

6. Ratn. p. 247 ; Vlram. p. 483. 

7-1 1. Ratn. pp. 251, 252 ; Vlram. p. 485. 

7. May. p, 138. 

12. May. p. 138; Vlram. p. 486; Viv. p. 141 ; Ratn. p. 252. 

13. Ratn. p. 250; Vtram. p. 485. The latter work reads viprS- 
dikam, ' a Brahman or other person,' for svasradikam, ' a sister or 
other relative.' 

Digitized by 


XXI, 4. ASSAULT. 357 

another person shall give a fine amounting to fifty 

14. He who reviles a person's native country or 
other (belongings of his), shall be fined twelve 
Pa»as and a half. He who through arrogance 
imputes an offence tb him, shall be compelled to 
pay the first fine. 

1 5. This gradation of fines has been declared by 
me, subject to modification by the sages, in con- 
formity with the (particular caste or qualities of a) 
man, so as either to remain as declared, or to be 
reduced or raised, 

XXI. Assault. 

1. Injuring (a man) with a hand, stone, club, or 
(throwing at him) ashes, or mud, or dust, or (attack- 
ing him with) a weapon, is termed assault. 

2. Throwing ashes or the like (at a man), or 
striking him with a hand or the like, is (termed) an 
assault of the first degree ; the fine to be inflicted in 
that case shall amount to a Masha. 

3. This fine is ordained for (an assault on) equals 
in caste ; (for assaults) on another man's wife or on 
a superior, it shall be twofold or threefold, according 
to the sages, according to the rank (of the person 

4. He who having been abused returns the abuse, 
or having been beaten returns the blow, or strikes 
an offender down, commits no wrong. 

14, 15. Vfram. p. 488; Ratn. p. 257. 

XXI, 1. Ratn. p. 259. 

2, 3. Ratn. p. 261 ; Viv. p. 144. 

4. May. p. 139 ; Vfram. p. 472 ; Viv. p. 153; Ratn. p. 

Digitized by 




35? BR/HASPATI. XXI, 5. 

5. When a person throws gravel, stones, or pieces 
of wood at another, the first (or lowest) fine shall be 
inflicted on him. When they mutually strike one 
another with a hand or foot, it shall amount to ten 
or twenty Pa»as respectively. 

6. The second fine shall Be imposed when two 
persons in anger use weapons against one another ; 
when a wound has been inflicted, the punishment 
shall be fixed by experts, corresponding to the 
severity of the hurt. 

7. For injuring (a person) with bricks, stones, or a 
wooden club, (the fine shall be) two Mashas ; the 
double fine shall be inflicted, according to the sages, 
when blood flows. 

8. For tearing the skin, the first (or lowest) fine 
(shall be inflicted) ; for tearing the flesh, the second 
fine ; for breaking a bone, the highest fine ; for 
killing, capital punishment. 

9. For breaking the ear, nose, or hand (of a 
person), or injuring his teeth, or feet, the second fine 
shall be inflicted ; and double of that, for entirely 
cutting off (any of those limbs). 

10. He who injures a limb, or divides it, or cuts 
it off, shall be compelled to pay the expense of 
curing it ; and (he who forcibly took an article in a 
quarrel, shall restore) his plunder. 

11. When a man has been beaten in a solitary 
place, or when no wound is seen, the offender shall 


Ratn. p. 2 


Viv. p. 1 

'45 ; 

Vtram. p. 



7. Vtram. 

p. 474 ; Viv. 

p. 1 

47; Ratn. 

p. 264. 


9. Viv. p. 



. Viv. p. 1 


Ratn. p. 


; Vtram. p. 477. 


, 1 a. Rate 

1. p. 





be found out by circumstantial evidence or by an 
oath or ordeal. 

1 2. When he has been struck in the interior of a 
house, or in a wood, or at night, and blood becomes 
visible, one shall not examine witnesses. 

1 3. When two persons strike simultaneously, the 
punishment shall be equal for both ; the first 
aggressor and he who is a habitual mischief-maker 
shall be compelled to pay a larger fine. 

14. When a low person offends a man in high 
position by harsh words or the like, that man must 
not be persecuted by the king if he beats his 

15. Persons begotten in the inverse order of 
castes, and members of the lowest caste, are called 
the refuse of society ; should they insult a Brahman, 
they shall be corporally punished, and shall never be 
amerced in a fine. 

16. He who employs at an improper time, for 
drawing or carrying, tired, or hungry, or thirsty 
animals, shall be compelled to atone for it in the 
same way as a cow-killer, or to pay the first fine. 

XXII. Robbery and Violence. 

1. Homicide, theft, assault on another man's wife, 
and the two kinds of injury (abuse and assault) are 
the four species of violence (Sahasa). 

2. Thieves are declared to be of two kinds, open 
and concealed. These are subdivided a thousand- 

13. Ratn. p. 275. 14. Ratn. p. 276. 

15. Ratn. p. 277. 16. Ratn. p. 280. 

XXII, 1. May. p. 145. 
2-4. Ratn. p. 289 ; Vtram. p. 491 


Digitized by 



fold, according to their skill, ability, and mode of 

3. (Fraudulent) traders, quacks, gamblers, (corrup- 
tible) judges, those who accept bribes, cheats, persons 
(pretending) to know how to interpret evil omens, or 
to practise propitiatory rites, low artists, forgers, 

4. (Hired servants) refusing to do their work, 
(roguish) umpires, perjured witnesses, and, lastly, 
jugglers : these are termed open thieves. 

5. Housebreakers, highwaymen, robbers of bipeds 
or quadrupeds, thieves of clothes and the like, and 
stealers of grain, should be considered secret thieves. 

6. (Thieves or robbers) having been found out 
by the king's attendants by their associating (with 
thieves) or by marks of their criminality, or by their 
being possessed of stolen goods, shall be compelled 
to restore their plunder, and shall be visited with 
punishments ordained in law. 

7. A merchant who conceals the blemish of an 
article which he is selling, or mixes bad and good 
articles together, or sells (old articles) after repairing 
them, shall be compelled to give the double quantity 
(to the purchaser) and to pay a fine equal (in 
amount) to the value of the article. 

8. A physician who, though unacquainted with 
drugs and spells, or ignorant of the nature of a 
disease, yet takes money from the sick, shall be 
punished like a thief. 

9. Gamblers playing with false dice, prostitutes, 

5. Ratn. p. 292. 6. Viv. p. 157; Rata. p. 293. 

7-15. Ratn. pp. 297, 306-311, 314; May. p. 142; Vlrani. p. 
492 ; Viv. pp. 159-165. The readings of the Ratnakara have been 
followed throughout, in preference to those found in the other 

Digitized by 



those who appropriate what belongs to the king, 
and those who cheat an association, are pronounced 
to be impostors, and punishable as such. 

10. Judges passing an unjust sentence, those who 
live by taking bribes, and those who disappoint 
confidence (placed in them) t all such persons shall 
be banished. 

11. Those who, without knowing the science of 
stars, or portents, expound them to the people 
from avarice, shall be punished by all means. 

12. Those who show themselves in public wearing 
a staff, a skin, and the like (insignia of a religious 
order), and injure mankind by deceiving them, shall 
be corporally punished by the king's officers. 

13. Those who by artificially getting up articles 
of small value cause them to appear very valuable, 
and deceive women or children (by doing so), shall 
be punished in proportion to their gain. 

14. Those who make false gold or factitious gems 
or coral shall be compelled to restore their price to 
the purchaser, and to pay the double amount to the 
king as a fine. 

15. Arbitrators who cheat either party from par- 
tiality, avarice or some other motive, and witnesses 
who give false evidence, shall be compelled to pay 
twice the amount (in dispute) as a fine. 

16. Those who procure gain by means of spells 
or medicines (shall be compelled to give up) their 
gain; those who practise incantations with roots 
shall be banished by the ruler of the land. 

17. Housebreakers shall be compelled to relin- 
quish their plunder and be impaled on a stake after- 

10. Rata. p. 315. 

17. Rata. p. 317 ; May. p. 143 ; Viram. p. 494 ; Viv. p. 166. 


Digitized by 



62 BR/HASPATI. XXIl, 18. 

wards, and highwaymen shall be bound and hanged 
by the neck from a tree. 

18. Those who have kidnapped a man shall be 
burned by the king with a fire kept up with straw ; 
the stealer of a woman (shall be placed) on a bed of 
hot iron, or burned with a fire kept up with straw. 

19. Stealers of grain shall be compelled to give 
ten times as much (to the owner), and the double 
amount as a fine ; a cow-stealer shall have his nose 
cut off, and shall be plunged into water, after having 
been fettered. 

20. When a man takes grass, wood, flowers, or 
fruit without asking permission to do so, he deserves 
to have a hand cut off. 

2i. On him who steals more than ten kumbhas 
of grain, corporal punishment (or execution) shall be 
inflicted ; (for stealing) less than that, a man shall be 
fined eleven times the quantity stolen, and shall re- 
store his property to the owner. 

22. When a religious man and diligent reader of 
the Veda has committed theft, he shall be kept in 
prison for a long time, and shall be caused to perform 
a penance after having been compelled to restore 
the stolen goods to the owner. 

23. Hear now (the law regarding) theft coupled 
with violence, which springs from either wrath or 

18. Ratn. p. 317; Viv. p. 166. 

19. Ratn. p. 322; Vtram. p. 494; May. p. 143. 

20. Ratn. p. 329 ; Viv. p. 174. 21. Viv. p. 169. 

22. Ratn. p. 331; Viv. p. 176. Under the version found in the 
latter work, the punishment does not take place when the Brahman 
performs a penance. 

23. Viram. p. 503. 

Digitized by 



24. It is declared to be threefold, as it may be 
(theft or violence) of the lowest, second, or highest 
kind ; the punishment in each case should also be of 
the lowest, middling, or highest sort, according to 
the (nature of the) article (stolen or injured). 

25. He who destroys or takes implements of hus- 
bandry, an embankment, flowers, roots, or fruit, shall 
be fined a hundred (Pa»as) or more, according (to 
the nature of his offence). 

26. So one injuring or stealing cattle, clothes, 
food, drinks, or household utensils, shall be com- 
pelled to pay a fine of not less than two hundred 
(Pawas), like a thief. 

27. In the case of women, men, gold, gems, the 
property of a deity or Brahman, silk, and (other) 
precious things, the fine shall be equal to the value 
(of the article stolen). 

28. Or the double amount shall be inflicted by 
the king as a fine ; or the thief shall be executed, to 
prevent a repetition (of the offence). 

29. Violence is declared to be of five sorts, and of 
these, manslaughter is declared to be the worst; 
those who have perpetrated it, shall not be amerced 
in a fine, they shall be put to death by all means. 

30. Both notorious murderers and secret assassins 
shall be put to death by the king by various modes 
of execution, after their property has been duly 

31. When several persons in a passion beat a 
single individual (and kill him), the responsibility 

24-28. Ratn. p. 350; May. p. 147. 

29, 30. Ratn. p. 371; Viv. p. 192. 

30. May. p. 145 ; Vlram. p. 501. 
31-33. Ratn. p. 373; Viv. p. 194. 


Digitized by^ 

364 BK7HASPATI. XXII, 3*. 

for his death shall be charged to him who strikes 
the fatal blow. 

32. He who struck the fatal blow shall have to 
atone for his offence as directed ; the first aggressor 
and the associates shall be punished half as much. 

33. The decision should be given after carefully 
ascertaining by signs the less or greater severity of 
a wound, the seat of vital power, the strength (of 
the murdered individual), and the repetition (of the 
blows or cuts). 

34. Where the corpse is found, but the murderer 
cannot be discovered, the king shall trace him by 
drawing an inference from previous enmities of his. 

35. His immediate neighbours, and their neigh- 
bours, as well as his friends, enemies, and relatives, 
shall be questioned by the king's officers, employing 
towards them the (four) expedients of conciliation 
and so forth. 

36. The (guilty) person may be found out from 
his keeping bad company, from signs (of the crime 
committed), and from the possession of stolen pro- 
perty. Thus has been declared the method of 
discovering murderers and robbers. 

37. He who has been arrested on suspicion and 
does not confess his guilt, shall clear himself (from 
suspicion) by ordeal ; this rule holds good for causes 
of every sort. 

38. He who has been cleared of guilt by ordeal 
shall be released ; he who has been convicted shall 
be put to death. By punishment (of the wicked) 

34-36. Ratn. p. 377 ; Viv. p. 197 (the better version). 
35. The three other expedients are, bribery, intimidation, and 

37, 38. Ratn. pp. 377, 378; Viv. p. 198. 

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and release (of the virtuous), the renown and re- 
ligious merit of a king is increased. 

XXIII. Adultery. 

1. The two kinds of injury (abuse and assault) and 
the three kinds of violence have been declared. 
Learn the threefold (offence of) adultery, which is 
productive of sin. 

2. The two first kinds of it are connected with 
violence and deception respectively, the third kind 
springs from sensual desire ; the last is again of three 
sorts, being of the first, second, or highest degree. 

3. When a man has intercourse with a woman in 
secret against her will, when she is asleep, or dis- 
ordered in her intellect, or does not notice his ap- 
proach, it is (termed) forcible enjoyment of a woman. 

4. When he conducts her into his house under 
false pretences, and after giving her intoxicating 
drugs, has intercourse with her, it is considered 
fraudulent enjoyment of a woman. 

5. When a man exchanges looks with a woman 
or sends her messages, and has intercourse with her 
impelled by sensuality, it has to be considered as 
(adulterous intercourse) springing from sensual 

6. Winking (at a woman), smiling (at her), sending 
her messengers, and touching her ornaments or 
clothes, is termed an adulterous act of the first (or 
lowest) degree. 

7. Sending perfumes, garlands, fruit, spirituous 
liquor, food, or clothes, and conversing with her in 

XXIII, 1-5. Vlram. pp. 504, 505; Ratn. pp. 378, 379. 
6-8. Vfram. p. 505; Ratn. pp. 379, 380; Viv. p. 200. 

Digitized by 


366 BK/HASPATI. XXm,8. 

secret, is considered an adulterous act of the second 

8. Sitting on the same bed, dallying, and kissing 
or embracing each other, is defined as an adulterous 
act of the highest degree by persons acquainted with 

9. For these three gradations of adultery, the 
first, middling, and highest fines shall be inflicted 
respectively; the fine shall be even higher than 
that, in the case of a very rich man. 

10. (The king) shall confiscate the whole wealth 
of him who violates an unwilling woman, and having 
caused his penis and scrotum to be cut oft*, shall 
cause him to be paraded on an ass. 

11. When a man enjoys a woman by fraud, his 
punishment shall be confiscation of his entire wealth, 
and he shall afterwards be branded with the mark of 
a female part and banished from the town. 

12. The highest fine (shall be inflicted for con- 
nexion) with a woman of equal caste ; half of that 
(for connexion) with a woman of inferior caste ; but 
a man who has connexion with a woman of higher 
caste than his own, shall be put to death. 

1 3. When a woman has been enjoyed against her 

9. Ratn. p. 384 ; Viram. p. 506 ; Viv. p. 202 ; May. p. 149. The 
Mayukha as printed reads this text differently, but one MS. of it 
'agrees with the other compilations. 

10. Ratn. p. 388 ; Viv. p. 212 ; May. p. 148. 

11, 12. Ratn. p. 389; Viv. p. 213 ; May. p. 149. The reading 
of the Mayukha seems to be wrong. This rule (12) is declared to 
apply to those cases where force or deception has not been used. 
Ratn., Viv. 

11. Viram. p. 506. 

13, 14. Ratn. p. 400. For the Kri&Mva. (Pr%apatya) and Paraka 
penances, see Manu XI, 212, 216. 

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will, she shall be kept in the house well guarded, 
smeared (with ashes), lying on a low couch, and 
receiving a bare maintenance only. 

14. To atone for her sin, she shall be caused to 
perform the ~Krikkhra. or Paraka penance, in case 
she had intercourse with her equal in caste ; but 
if she has been enjoyed by a man of inferior caste, 
she shall be abandoned and put to death. 

15. When a woman comes to a man's house and 
excites his concupiscence by touching him or the 
like acts, she shall be punished ; half of her punish- 
ment shall be inflicted on the man. 

16. Her nose, lips, and ears having been cut off, 
she shall be paraded in the streets and plunged into 
water ; or she shall be torn to pieces by dogs in a 
public place frequented by many persons. 

XXIV. Duties of Man and Wife. 

1. The whole set of commandments concern- 
ing adultery has thus been stated; listen to me 
proclaiming the conduct prescribed for man and 

2. A woman must be restrained from slight trans- 
gressions even by her relations; by night and by 
day she must be watched by her mother-in-law and 
other wives belonging to the family. 

3. A father who does not give his daughter in 

15. Vtram. p. 513 ; Viv. p. 217. 

16. Viv. p. 217. 

XXIV, 1. Ratn. p. 409; Col. Dig. IV, 1, 1. 

2. Ratn. p. 411; Col. Dig. IV, 1, 12. 

3. Ratn. p. 412; Col. Dig. IV, 1, 15; Viv. p. 220. Regarding 
the time favourable for procreation, see Manu III, 46. 

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marriage in proper time (before she has reached 
maturity), a husband who has not connexion with 
his wife at the time favourable for procreation, and 
a son who does not support his mother: all such 
deserve contempt and shall be punished as ordained 
in law. 

4. Employing (a woman) in the receipt and ex- 
penditure (of wealth), in the preparation of food, in 
the preservation of domestic utensils, in purification, 
and in the care of the (sacred household) fire, is 
declared to be the (best) way of guarding women. 

5. Let not a woman reside in another man's house, 
separated from her father, husband, or sons; by 
(giving way to) malicious propensities, particularly, 
she is sure to lose her reputation. 

6. Rising before (the others), paying reverence to 
the elders of the family, preparing food and condi- 
ments, and using a low seat and bed : thus have the 
duties of women been declared. 

7. Drinking (spirituous liquor), rambling abroad, 
sleeping by day, and neglect of her daily duties, are 
faults disgracing a woman. 

8. That wife is declared to be devoted to her 
husband who is afflicted when he is afflicted, pleased 
when he is happy, squalid and languid when he is 
absent, and who dies when he dies. 

9. While her husband is absent, a woman must 
avoid decorating herself, as well as dancing, singing, 

4. Rata. p. 416; Col. Dig. IV, 1, 31 ; Vfram. p. 419. 

5. Rata. p. 427. 

6. Rata. p. 428 ; Col. Dig. IV, 2, 90. 

7. Rata. p. 431; Col. Dig. IV, 2, 100. 

8. Rata. p. 436; Col. Dig. IV, 2, 107. See 11. 

9. Rata. p. 439; Col, Dig. IV, 2, 118. 

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looking on at public spectacles or festivals, and using 
meat or intoxicating drinks. 

10. A wife practising religious austerities, fasting 
and preserving her chastity, self-controlled and liberal 
always, goes to heaven even though she have no son. 

11. A wife is considered half the body (of her 
husband), equally sharing the result of his good 
or wicked deeds ; whether she ascends the pile after 
him, or chooses to survive him leading a virtuous 
life, she promotes the welfare of her husband. 

12. The Niyoga (appointment of a widow to raise 
offspring to her deceased lord) has been declared 
by Manu, and again prohibited by the same; on 
account of the successive deterioration of the (four) 
ages of the world, it must not be practised by mortals 
(in the present age) according to law. 

13. In the ages Kma, Treta, and Dvapara, men 
were imbued with devotion and sacred knowledge ; 
in the (present or) Kali age, a decrease of its power 
has been ordained for the human race. 

14. The various sons who were appointed by 
ancient sages cannot be adopted now by men of the 
present age, as they are destitute of power. 

XXV. The Law of Inheritance. 

I. After the death of both parents, division of the 
property among brothers has been ordained (to take 

10. Rata. p. 443 ; Col. Dig. IV, 3, 138. 

II. Rata. p. 442 ; Col. Dig. IV, 3, 132. It appears from these 
texts that Briliaspati advocates the custom of Satt (self-immolation 
of the widow) as an optional rite only, in common with Vish«u and 
other Indian legislators and jurists. 

12-14. Rata. pp. 449, 450 ; Col. Dig. V, 4, 279 and IV, 4, 157. 
See Manu I, 81-86; IX, 56-70. 
XXV, 1. Col. Dig. V, 2, 99, 1 15 ; D. II, 1 ; May. p. 39 ; V. p. 46 ; 

[33] B b 

Digitized by 


370 BK/HASPATI. XXV, 2. 

place). It may take place even in their lifetime, if 
the mother be past child-bearing. 

2. Houses and landed property inherited from an 
ancestor shall be shared equally by the father and 
sons; but the sons cannot claim a share of their 
father's own property without the consent of the 

3. Of property acquired by the grandfather, 
whether immovable or movable, father and son are 
declared to be entitled to equal shares. 

4. Those (sons) for whom their shares have been 
arranged by the father, whether equal, less, or 
greater, must be compelled to abide by such 
arrangement. Otherwise (if they try to alter the 
arrangement), they shall be punished. 

5. When a partition is made during (the father's) 
life, the father shall reserve a couple of shares for 

6. The worship of the Manes, gods, and Brahmans 
by those residing (together) and cooking their food 
(in one house) is single. But when they divide the 

Ratn. p. 462. The author of the Dayabhaga and other writers 
of the Bengal school hold that this rule applies to ancestral wealth 
only, and that, moreover, the consent of the father is required in 
every division of his property during his lifetime. In the other 
schools of law, this text is given its plain meaning. 

2. Col. Dig. V, 2, 94 ('Vyasa'); May. p. 39. The Mayukha 
deduces from this text the doctrine, generally held by the followers 
of the MitaksharS, that partition of property inherited from a 
grandfather or more remote ancestor may be instituted by sons 
even against their father's wish. 

3. Col. Dig. V, 2, 93 ; D. II, 50 ; V. p. 66 ; May. p. 43. 

4. Col. Dig. V, i, 31; D. II, 75; V. p. 56; Ratn. p. 468. 

5. Col. Dig. V, 2,. 97 ; D. II, 46 ; Ratn. p. 465. 

6. V. pp. 53, 257 ; Ratn. p. 459 ; Viv. p. 227 ; Col. Dig. V, 6, 

Digitized by 



property, (the worship) takes place separately in each 

7. Partition among coparceners is declared to be 
of two kinds; one is with attention to priority of 
birth, the other consists of the allotment of equal 

8. All sons of the twice-born, begotten on women 
equal in caste (to their husbands), shall take equal 
shares, after giving a preferential share to the 

9. He who is the first by birth, sacred knowledge, 
or good qualities, shall take a couple of shares out 
of the partible wealth, and the rest shall take equal 
shares ; but he stands to them in the relation of a 
father, as it were. 

10. When they divide their father's heritage, all 
the sons shall share alike ; but he who is distinguished 
by sacred knowledge and virtue, shall obtain a greater 
share (than the rest). 

1 1. They are parents in the true sense of the term 
who have a son whose fame is spread in the world 
for sacred knowledge, cleverness, valour, wealth, and 
for knowledge, liberality, and pious acts. 

12. In property belonging to the grandfather 
which had been taken away and has been (after- 
wards) recovered by the father through his own 

7. Col. Dig. V, 1, 30; D. II, 80. 

8. Col. Dig. V, i, 53 ; D. II, 42. 

9. Col. Dig. V, 1, 45; D. II, 42 ; V. p. 67 ; Viv. p. 235. 

10. Col. Dig. V, i, 67 ; V, 3, 116. 

11. Col. Dig. V, 3, 1 16 ; Ratn. p. 484. 

12, 13. Col. Dig. V, 2, 90; D. VI, 2, 34; V. p. 126; May. p. 
40; Ram. p. 461. Some compilations read bhigam, 'withhold it 
from partition,' for bhoga/H, ' consume it.' 

B b 2 

Digitized by 


372 BK/HASPATI. XXV, 13. 

ability, as well as in property acquired by sacred 
knowledge, valour in arms, &c, the father's owner- 
ship has been declared. 

13. He may make a gift out of that property, or 
even consume it, at his will. But in his default, his 
sons are pronounced to be equal sharers. 

14. Whatever has been acquired by all together, 
in that property they all have equal shares. Their 
sons, whether unequal or equal (in number), are 
declared (to be) heirs of the shares of their (respec- 
tive) fathers. 

1 5. When there are many sons sprung from one 
father, equal in caste and number, but born of 
different mothers, a legal division (of the property) 
may be effected by adjusting the shares according to 
the mothers. 

16. (When there are several brothers) equal in 
caste, but varying in number (of sons begotten with 
each wife), a division according to males is ordained. 

1 7. When step-brothers born of different mothers 
or uterine brothers have come to a division with 
their father, afterborn brothers shall take their 
father's share. 

18. A son born before (partition) has no claim to 
the paternal wealth ; nor (can) a brother's wealth (be 
claimed by) one born after partition. 

19. Whatever has been acquired, with his own 

14. Ratn. p. 481; Apararka. 

15. Col. Dig. V, i, 6a ; D. Ill, 1, 12 ; May. p. 46 ; V. p. 76 ; 
Ratn. p. 975. 

16. Col. Dig. V, 1, 63 ; May. p. 46 ; V. p. 76. 

17, 18. Col. Dig. V, 2, 100 ; D. VII, 5 ; V. p. 93 ; Ratn. p. 538. 

18. M. I, 6, 4; V. p. 219. 

19. M. I, 6, 6; Col. Dig. V, 7, 39a. 

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effort, by a father who has come to a partition with 
his sons, all that belongs to the son born after 
partition. Those born before it are declared to 
have no right. 

20. In regard to the property as well as regards 
debts, gifts, pledges, and purchases, they are inde- 
pendent of each other, excepting impurity (caused 
by a death) and offerings consisting of water 

2i. Should there be younger brothers, whose 
initiation has not been performed, they must be 
initiated by the other brothers (the expense being 
defrayed) out of the family property (inherited) from 
the father. 

22. Whether partition has or has not been made, 
whenever an heir comes forward, he shall receive a 
share of such wealth as he can prove to be the joint 
property (of the family). 

23. Whether it be a debt, or a document, or house, 
or field, which has been inherited from the paternal 
grandfather, he shall take his proper share of it, 
when he returns after a protracted absence even. 

24. When a man has gone abroad, leaving the 
joint estate of his family, his share must undoubtedly 
be given to his descendant who has returned from 

25. Whether he be the third or the fifth or 
even the seventh in descent, he shall receive the 
share belonging to him by right of succession, his 

19, 20. Ratn. p. 539 ; May. p. 47 ; D.VII, 6 ; V. pp. 93, 219. 

21. Col. Dig. V, 3, 132 ; May. p. 48 ; V. p. 86 ; Viv. p. 277. 
22-26. Col. Dig. V, 7, 394 ; D. VIII, 1-3 ; Ratn. p. 540. 
24-26. Viv. p. 241. 

25. May. p. 46. 

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374 BJtfHASPATI. XXV, 26* 

birth and family name having been ascertained 

26. He whom indigenous inhabitants and neigh- 
bours know to be the (legal) owner, to the descen- 
dants of that man must the land be surrendered by 
his kinsmen, when they make their appearance. 

27. Let Brahmans, Kshatriyas, VaLsyas, and 
6"udras, begotten in order by a Brahman, take four, 
three, two shares, and one share, in succession. 

28. Let those begotten by a Kshatriya (take) three 
shares, two shares, and one share (respectively). Let 
those begotten by a Vawya take two shares and one 

29. The son by a Kshatriya wife, if elder by birth 
and endowed with superior qualities, shall take an 
equal share with the Brahman (son) ; and so shall a 
son by a VaLsya wife (share equally) with a Ksha- 
triya son. 

30. Land obtained by acceptance of a gift must 
never be given to the son of a Kshatriya woman or 
other (wife inferior in caste to her husband). Though 
their father may have given it to them, the son by a 
Brahman wife shall take it after the death (of the 

31. An obedient and excellent son of a man 
having no other male issue, shall receive a mainten- 
ance (though he be born) of a .Sudra woman ; let the 
Sapinclas take the remainder. 

27. Ugg-vala, p. 79; Varadara^a, p. 19. 

28. Varadara^a, p. 19. 

29. Col. Dig. V, 3, 156; D. IX, 15; V. p. 98. 

30. Col. Dig. V, 3, 161; D. IX, 19; M. I, 4) 36, 1, 8, 8; May. 
p. 46; V. p. 99; Viv. p. 272. 

31. Col. Dig. V, 3, 168; D. IX, 28; Viv. p. 274; May. p. 47. 

Digitized by 



32. A son begotten with a ^Sudra woman by a 
twice-born man is not entitled to a share of the 
landed property; one begotten with a woman of 
equal caste shall take all.- Thus has the law been 

33. Of the thirteen sons mentioned in succession 
by Manu, the legitimate son of the body (Aurasa) 
and the appointed daughter (Putrika) continue the 

34. As in default of ghee, oil is admitted by the 
virtuous as a substitute (at sacrifices), so are the 
eleven sons (admitted as substitutes), in default of 
a legitimate son of the body and of an appointed 

35. No one but a legitimate son of the body is 
declared to be heir of his father's wealth. An 
appointed daughter is said to be equal to him. All 
the others are stated to have a claim to maintenance 

36. Because a son (Putra) saves his father from 
the hell called Put by the very sight of his face, 
therefore should a man be anxious to beget a son. 
.37. Both a son's son and the son of an appointed 
daughter cause a man to attain heaven. Both are 
pronounced to be equal as regards their right of 
inheritance and the duty of offering funeral balls of 
meal (Pi#das). 

32. Col. Dig. V, 3, 164; V.p. 99; Ratn. p. 534. TheRatnakara 
after this text inserts two other texts on the right of a Nishada 
son, which are elsewhere attributed to Devala. 

33> 34- V. p. 120. See Manu IX, 126, 158-160. 

35. Col. Dig. V, 4, 215 ; Viv. p. 285 ; V. p. 121. 

36. Col. Dig. V, 4, 304. punnamno narakat putraA pitaram trayate 
yataA 1 mukhasamdareanenapi tadutpattau yateta saA ll 

37. Col. Dig.V, 4, 304; Vgyvala, p. 80. 

Digitized by 


376 BWHASPATI. XXV, 38. 

38. Gautama has declared that a daughter is 
appointed after performing a sacrifice to Agni and 
Pra^apati ; others have said that she is an appointed 
daughter (Putrika) who was merely supposed to be 
one (before her birth) by a man having no male 

39. The other sons, beginning with the son 
begotten on a wife (Kshetra^a), shall (respectively) 
take a fifth, a sixth, and a seventh part. 

40. The son given, the son cast off, the son 
bought, the son made (or adopted), the son by a 
.Sudra wife : these, when pure by caste and irre- 
proachable as to their conduct, are considered sons 
of middle rank. 

41. The son begotten on a wife (Kshetra^a) is 
despised by the virtuous ; and so are the son be- 
gotten on a woman twice married, the son of an 
unmarried damsel, the son received with the wife, 
and the son secretly born. 

42. Though born of a wife of the same caste, a 
son destitute of good qualities is unworthy to obtain 
the paternal wealth ; it shall go to those learned 
(kinsmen) who offer the funeral ball of meal (Vmda) 
for the father. 

43. A son redeems his father from the highest 

38. Col. Dig. V, 4, 225 ; Ratn. p. 562. See Gautama XXVIII, 

39. Col. Dig. V, 4, 246; Ratn. p. 545; V. p. 125. The Vtrami- 
trodaya reads samabhaginaA for sapta bhaginaA, ' The other five 
or six sons beginning with the wife's son are equal sharers.' Re- 
garding the wife's son (Kshetra^a), see Manu IX, 167 ; Bnhaspati 
XXIV, 12-14. 

40. 41. Col. Dig. V, 4, 202 ; V. p. 128; Ratn. p. 552. 
42, 43. May. p. 101. 

42-45. Col.Dig.V,4,264;V, 319; D.V.4; V.p.256; Viv.p.242. 

Digitized by 



and lowest debts ; consequently there is no use of 
him who acts otherwise. 

44. What can be done with a cow which neither 
gives milk nor is (ever) pregnant ? What is the 
good of a son being born who is neither learned nor 
virtuous ? 

• 45. A son who is destitute of learning, valour, and 
wealth, void of devotion and insight, and unobservant 
of good custom, such a son is declared to be no 
better than urine and faeces. 

46. In the revealed texts (of the Veda), in the 
traditional law (of the Smrztis), and in popular usage, 
the wife is declared to be half the body (of her 
husband), equally sharing the outcome of good and 
evil acts. 

47. Of him whose wife is not dead, half his body 
survives. How should any one else take the 
property, while half (his) body lives ? 

48. Although kinsmen (Sakulyas), although his 
father and mother, although uterine brothers be 
living, the wife of him who dies without leaving 
male issue shall succeed to his share. 

49. A wife deceased before (her husband) takes 
away his consecrated fire (Agnihotra); but if the 
husband dies before the wife, she takes his pro- 
perty, if she has been faithful to him. This is an 
eternal law. 

50. After having received all the movable and 
immovable property, the gold, base metals and 
grain, liquids and wearing apparel, she shall cause 

46. See XXIV, 11. 

46-52. Col. Dig. V, 8, 399; V. 8, 416; D. XI, 1, 2 ; Ratn. p. 589. 
46-49. V. pp. 141, 142. 47. M. II, 1, 6. 

48-52. Viv. pp. 289, 290. 


Digitized by 


37^ BR/HASPATI. XXV, 51. 

his monthly, sixmonthly, and annual .Sraddhas to be 

51. Let her propitiate with funeral oblations and 
pious liberality her husband's paternal uncles, Gurus, 
daughter's sons, sister's sons, and maternal uncles ; 
also aged or helpless persons, guests, and women 
(belonging to the family). 

52. Should agnates (Sapi«das) or cognates (Ban- 
dhavas) or enemies injure the property, let the king 
inflict on them the punishment destined for a thief. 

53. The husband being separated (in interests 
from his former coparceners), his wife shall take 
after his death a pledge and whatever else is re- 
cognised as property, excepting the immovable 

54. A wife, though preserving her character and 
though partition have been made, is unworthy to 
obtain immovable property. Food or a portion of 
the arable land shall be given to her at will (for her 

55. The wife is declared to succeed to her hus- 
band's property, and in her default, the daughter. 

56. A daughter, like a son, springs from each 
member of a man ; how then should any other 
mortal inherit the father's property while she lives ? 

57. Equal in caste (to her father) and married to 
a man of the same caste as her own, virtuous, 
habitually submissive, she shall inherit her father's 
property, whether she may have been (expressly) 
appointed or not. 

53, 54. May. p. 77; V. pp. 134, 135, 173. 
55. 56- M. II, 2, 2; SmruLfc. (K. Iyer's translation) XI, 2, 113. 
56-58. Col. Dig. V, 4, 224; D. XI, 2, 8, 17 ; V. pp. 176, 180, 
183 ; Viv. pp. 292-294. 56, 57. Rata. p. 591. 

Digitized by 



58. As her father's wealth becomes her property, 
though kinsmen be in existence, even so her son 
becomes the owner of his mother's and maternal 
grandfathers wealth. 

59. In default of them, uterine brothers or bro- 
ther's sons, agnates (Sakulyas) and cognates (Ban- 
dhavas), pupils, or learned Brahmans are entitled to 
the inheritance. 

60. When a man dies leaving no issue, nor wife, 
nor brother, nor father, nor mother, all his Sapi»das 
shall divide his property in due shares. 

61. Half the entire wealth, however, shall first be 
set apart for the benefit of the deceased (owner) and 
carefully assigned for his monthly, sixmonthly, and 
annual tSraddhas. 

62. When there are several relatives, agnates 
(Sakulyas), and cognates (Bandhavas), whosoever of 
them is the nearest shall take the wealth of him who 
died leaving no issue. 

63. When a man dies without leaving either wife 
or male issue, the mother has to be considered as 
her son's heiress, or a brother (may succeed) if she 
consents to it. 

64. But on his death the mother shall take a 
son's share. The mothers shall share equally with 
the sons, the maidens shall take fourth-part shares. 

59. Col. Dig. V, 8, 422 ; D. XI, 2, 26. ' In default of them,' 
i. e. of a daughter or daughter's son. 

59-62. Col. Dig. V, 8, 437; Ratn. p. 595. 

60. V. p. 216. 61. D. XI, 6, 13. 

62. V. p. 194 ; May. p. 81. 

63. Col. Dig. V, 8, 423 ; V. p. 191; Viv. p. 293 ; D. XI, 3, 2. 

64. Col. Dig. V, 2, 85 ; V. pp. 81, 84, &c. ' On his death,' i.e. 
on the father's death. For tanaya«jsasamS>»sini, ' shall take a 
son's share,' the Vtramitrodaya reads tanaya va sama/wsint, ' or the 

Digitized by 


3^0 BK/HASPATI. XXV, 65. 

65, 66. To a father the funeral ball (Pinda) and 
water oblation shall be offered by his son ; in default 
of a son, the widow (succeeds) ; in her default, a 
uterine brother; in default of him, the co-heirs 
(dayada^) ; afterwards, the property goes to the 
daughter's son. 

6j. Should a Kshatriya, Vairya, or .Sudra die 
without leaving male issue, or wife, or brother, their 
property shall be taken (as escheat) by the king, for 
he is the lord of all. 

68. Except in the case of a Brahman ; but a king 
bent on the practice of virtue must allot a mainten- 
ance to his women. Thus has the law of inheritance 
been declared. 

69. For her food (he must assign) a Prastha of 
rice every afternoon, together with fuel, and one 
dress purchased for three Pa«as must be given to 
her every three months. 

70. What is left after setting apart property suffi- 

daughter shall take an equal share.' VafospatimLrra, Kamal&kara, 
Nandapa«<fita, and other commentators explain the term mitaraA, 
' mothers,' as denoting step-mothers who have no issue, whereas in 
the first clause the term 'mother' (ganani), according to them, 
denotes a woman who has male issue. It seems more natural, 
however, to interpret the term ' mother ' in the same way in both 
clauses. Vish»u (XVIII, 34, 35) has the analogous precept that 
mothers and maiden daughters shall receive shares corresponding 
to the shares of sons. Vishnu's rule relates to a division of property 
among sons differing in caste, and the present text of BreTiaspati 
seems to apply to the same case. 

65, 66. Aparirka; Smritik. XI, 4, 19 (Iyer). These texts are 
quoted in some works only, and it is certainly difficult to reconcile 
them with the other texts of Br*haspati on inheritance. 

67. Col. Dig. V, 8, 446 ; D. XI, 1, 49 ; May. p. 83 ; Viv. p. 298. 

68-7 1. Nandapanrfita's Vajg-ayantf ; IJgyvalS, p. 82 ; Gautamiyi 
MitaksharS. The reading in 71 is uncertain. 

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cient for the expense of her dress, food, and for the 
washerman, shall be made over to the co-heirs. 

71. (The widow) shall recite the Dhumavasanika 
prayer in the evening, bathe frequently, and pay no 
regard to dwelling, food, or clothing after her hus- 
band's death. 

72. He who (having been divided) is again living, 
through affection, together with his father or brother, 
or with his uncle even, is said to be reunited with 

73. When brothers formerly divided are again 
living together through affection and arrange a 
second division, the right of primogeniture does not 
accrue in that case. 

74. When any one (brother) should die or anyhow 
renounce worldly interests, his share is not lost ; it 
is allotted to his uterine brother. 

75. If there be a sister, she is entitled to a share 
of his property. This is the law regarding (the 
wealth of) one destitute of issue, and who has no 
wife or father. 

76. When two (coparceners) have again established 
together, they shall mutually inherit their property. 

77. If among reunited coparceners any one should 
acquire property through learning, valour, or other 
(independent effort of his own), a double share must 
be given to him ; the rest shall take equal shares. 

78. Whatever has been given by the paternal 

72. Col. Dig. V, 8, 430; M. II, 9, 3; May. p. 84; V. pp. 40, 
162, 205 ; Viv. p. 300; D. XI, 1, 30, XII, 3; Ratn. p. 605. 
73-75- Col. Dig. V, 8, 407 ; Viv. p. 302 ; V. p. 159. 

76. May. p. 88 ; Viv. p. 305 ; Ratn. p. 602. 

77. Col. Dig. V, 8, 460 ; V. p. 205 ; May. p. 85 ; Viv. p. 302. 

78. May. p. 69 ; Smr/ttf. (Iyer) VII, 23. 

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grandfather, the father, or the mother, (all that) 
shall not be taken from him (who possesses it) ; (he 
may keep), likewise, property acquired by valour 
and the wealth of his wife. 

79. Those by whom clothes and the like articles 
have been declared indivisible have not decided 
properly. The wealth of the rich depends on clothes 
and ornaments. 

80. (Such wealth) when withheld from partition 
will yield no profit ; but neither can it be allotted to 
a single (coparcener). Therefore it has to be divided 
with some skill ; or else it would be useless. 

81. Clothes and ornaments are divided by (dis- 
tributing the proceeds after) selling them ; a written 
bond (concerning a debt, is divided) after recovering 
the sum lent ; prepared food (is divided) by an ex- 
change for (an equal amount of) unprepared food. 

82. The water of a well or pool shall be drawn 
and used according to need. A single female (slave) 
shall be (successively) set to work at their houses 
(by the several sharers) according to their shares (of 
the inheritance). 

83. If there are many of them, they shall be 
divided equally. The same rule applies to male 
slaves as well. Property obtained for a pious pur- 
pose shall be divided in equal shares. 

84. Fields and embankments shall be divided 
according to their several shares. A common (road 
or) pasture-ground shall be always used by the co- 
heirs in due proportion to their several shares. 

79-84. Col. Dig. V, 5, 366; May. pp. 71, 72; Smre'ti*. (Iyer) 
VII, 41-43, &c. The arrangement of these texts varies in the 
several works. 

80b, 82. D.I, 10; V, 3. 

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85. The clothes, ornaments, bed, and the like, as 
well as the vehicle and the like, appertaining to the 
father, shall be given to the person who partakes of 
his funeral repast, after honouring him with fragrant 
drugs and flowers. 

86. Such property, whether immovable or other, 
as has been given to women by their father-in-law, 
can never be taken away from them by the co-heirs. 

87. Strldhana goes to the children, and the 
daughter if not betrothed has a share in it. If she 
is married, she shall receive an honorary trifle only. 

88. The mother's sister, the wife of a maternal 
uncle, a paternal uncle's wife, a father's sister, a 
mother-in-law, and an elder brother's wife are de- 
clared to be equal to a mother. 

89. If they have no legitimate son of the body, 
nor (other) son, nor daughter's son, nor their son, 
their sister's son, &c. shall inherit their property. 

90. A heinous crime, (a claim regarding) immov- 
able property, a deposit, and a previous partition 
among co-heirs, have to be ascertained by cir- 
cumstantial evidence, in default of documents and 

91. A family feud, mutual malice, or the. discovery 
of stolen goods, may be evidence of a heinous crime ; 
possession of the land may be proof of property ; 
and separate property is an argument of partition. 

85. M. I, 4. 17 ; May. p. 70; V. p. 250. 

86. V. p. 174; SmretW. XI, 1, 44. 

87. Col. Dig. V, 9, 487 ; D. IV, 2, 3 ; Viv. p. 267 ; V. p. 229. 
The two first works read, ' she does not take her mother's wealth ' 
for ' she shall receive an honorary trifle only.' 

88,89. Col.Dig.V,9,5i 3 ; D.VI, 3 , 3 i; May. p. 98; V. p. 243. 
90-92. Col. Dig. V, 6, 389; D. XIV, 8. 
90, 92. V. p. 261. 

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384 B/i/HASPATI. XXV, 9*. 

92. Those who keep their income, expenditure, 
and mortgages distinct, and engage in mutual trans- 
actions in money-lending and traffic, are undoubtedly 

93. Whether kinsmen are united or separate, they 
are all alike as regards immovable property, as no 
one of them has power in any case to give, mortgage, 
or sell it. 

94. 95. Whatever share is enjoyed by each, must 
not be changed from him. If he should subsequently 
contest a distribution, which was made with his own 
consent, he shall be compelled by the king to content 
himself with his share, and shall be punished if he 
should persist in contention. 

96. When the loan or mortgaging of joint property 
is concealed with a fraudulent purpose, the king 
shall recover it from the cheat by artifice, but not 
use violence to extort it from him. 

97. Cheats, robbers of wealth, crafty and covetous 
men, shall be reclaimed by friendly expostulation, 
by the loss of their own property, or by stra- 

98. Household utensils, beasts of burden and the 
like, milch cattle, ornaments, and workmen have to 
be divided on being discovered. When property is 
(supposed to be) hidden, proof by sacred libation is 

92. May. p. 75 ; Viv. p. 313 ; Rata. p. 608. 

93. M. I, 1, 30; May. p. 76; V. pp. 87, 158; D. II, 27 
(' Vyasa '). For ' kinsmen ' some works read ' coparceners ' or 
* co-heirs ' (dayadiA). The general meaning remains the same. 

94. 95. Col. Dig. V, 6, 378 ; May. p. 76 ; V. pp. 258, 259. 
96, 97. Col. Dig. V, 6, 379 ; Rata. p. 526. 

98. Smmtf. (Iyer) VI, 11. 

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99. When there are many uterine brothers sprung 
from one (father), and a son is born even to one of 
them only, they all are declared to have male off- 
spring (through that son). 

100. The same rule is declared for a plurality of 
wives of one (husband) ; if one of them has male 
issue, that (son) shall present the funeral ball of 
meal to them all. 

101. (For one leaving no male issue), a brother, 
or brother's son, or a Sapinda, or a pupil, should 
first perform the ceremony of uniting him with the 
Sapi»aas (to be worshipped at a 3Vaddha offering), 
and then offer him the funeral ceremonies customary 
on joyful occasions. 

XXVI. Gambling and Betting. 

1. Gambling has been prohibited by Manu, be- 
cause it destroys truth, honesty, and wealth. It has 
been permitted by other (legislators) when con- 
ducted so as to allow the king a share (of every 

2. It shall take place under the superintendence 
of keepers of gaming-houses, as it serves the pur- 
pose of discovering thieves. The same rule has to 
be observed in bets on prize-fights with animals. 

3. When birds, rams, deer or other (animals) are 
caused to fight against one another, after a wager 
has been laid, it is called betting on animals (sama- 

99, 100. Ratn. p. 583; Varadara^a, p. 27. 

101. Ratn. p. 600; Col. Dig. V, 8, 454. 

XXVI, 1, 2. Viv.p. 318; Viram.pp. 721,722. See Manu IX, 224. 

3. Viv. p. 317; Ratn. p. 610. 

[33] C C 

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4. When any one is defeated in a prize-fight 
between two animals, the wager which has been 
laid shall be paid by the owner of the (defeated) 

5. A wager (or game) shall be made in public; 
false gamblers shall be banished. 

6. When there is a point at issue between the two 
parties (in a game or wager, other) gamblers shall 
examine (and decide) the matter ; if they are enemies 
(of either party), the king shall decide the dispute. 

7. One defeated in a secret game ; or ignorant of 
the rules ; or (defeated) by the use of false dice, or 
by deceit, though acquainted with the game, shall 
be released ; and one who has lost his entire wealth 
in a game shall not be compelled to give the whole 
of it. 

8. The keeper of the gaming-house shall receive 
the stakes and pay the victorious gambler and the 
king ; he shall also act as witness in a dispute, 
assisted by three other gamblers. 

9. Those wicked men who use false dice in a 
game, or rob the king of his due, or cheat by making 
false computations, are declared to be gamblers de- 
serving punishment. 

XXVII. Miscellaneous (Prakir«aka). 

1. This (aggregate of rules concerning) lawsuits 
instituted by litigants has been briefly declared ; I 
will declare (next the law concerning) Miscellaneous 
Causes instituted by the king (in person). 

4, 5. Viv. p. 318; VJram. p. 720. 6. Viram. p. 720. 

7-9. Ratn. pp. 614-617. 

XXVII, 1. Viram. p. 722 ; Ratn. p. 621. 

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2. In the case of a conflict between two Smrztis 
(texts of law), equity should be resorted to ; when 
the law-books are inapplicable, that course should be 
followed which is indicated by a consideration of the 
circumstances of the case. 

3. (However) the first rank (among legislators) 
belongs to Manu, because he has embodied the 
essence of the Veda in his work ; that Smmi (or 
text of law) which is opposed to the tenor of the 
laws of Manu is not approved. 

4. When he has discovered a man to be an 
offender, (the king) should inflict (one of the va- 
rious sorts of punishment) on him, (gentle) admo- 
nition, (harsh) reproof or corporal chastisement, or 
one of the four gradations of fines. 

5. (Let him inflict) a (gentle) admonition, when 
the offence is very light ; (harsh) reproof, for a crime 
in the first degree ; a fine, for a crime in the (second 
or) middlemost degree ; and arrest, in the case of 

6. Banishment also may be resorted to by (a king) 
desirous of promoting his own welfare in order to 
meet opposition, and all (the various) sorts (of 
punishment) should be united in the case of one 
who has committed a mortal sin. 

7. (The king) should punish elders, domestic 
priests, and persons commanding respect, with 
(gentle) admonition only ; other litigants he should 
amerce in a fine, when they are found to be guilty ; 

2. Vtram. p. 119. 

3. Col. Dig. V, 5, 333. vedirthopanibaddhatvat prSdhinyajw tu 
mano/i smr/tam I manvarthaviparita ya na si smriliA prarasyate II 

4-7. Ratn. p. 629. 

C C 2 

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and on the perpetrators of a heavy crime he should 
inflict corporal punishment. 

8. (Gentle) admonition and (harsh) reproof are 
declared to be the privilege of the Brahman 
(appointed as chief judge) ; but both fines and 
corporal punishment may be inflicted by the king 

9. Both hands, both feet, the male organ, the eye, 
the tongue, both ears, the nose, the neck, one half 
of the feet, the thumb and index, the forehead, the 
lips, the hindpart, and the hips : 

10. These fourteen places of punishment have 
been indicated. For a Brahman, branding him on 
the forehead is ordained as the only kind of punish- 

1 1 . A Brahman, though a mortal sinner, shall not 
suffer capital punishment; the king shall banish him, 
and cause him to be branded and shaved. 

12. That man who deserves capital punishment 
shall be compelled to pay one hundred Suvarwas ; 
one deserving to have a limb cut off, half as much ; 
and one deserving to have the thumb and index 
(cut off), half of that. 

13. The eighteen titles of law have been ex- 
plained, together with the particulars of plaint and 
answer. Learn now (the law regarding) the relative 
validity of transactions. 

14. That transaction which has been prior in time 
(to another) shall be upheld. If it is departed from, 
that is (called) an alteration of a transaction. 

15. If a creditor or debtor revokes a previous 

8. Ratn. p. 630. 9, 10. Ratn. p. 631. 11. Ratn. p. 634. 
12. Ratn. p. 656. 13-18. Ratn. pp. 618-620. 

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agreement and makes another contract of the same 
description, (in which a) greater or less (amount is 
stated), it is termed an alteration of a transaction. 

16. When (a debtor) having received a loan at 
the rate of two per cent, (in the month) promises to 
pay five per cent., that subsequent agreement is 

17. Between two successive transactions, the first 
is (rendered) void (by the second) ; a subsequent 
agreement prevails over the one preceding it in 

18. When a man first makes a deposit and con- 
verts it into a pledge afterwards, after receiving 
money (for it), or sells it, the second transaction 
prevails over the first. 

[19. Forbidden practices are found among the 
Southerners in the present day, (such as) matches 
with a maternal uncle's daughter, in spite of the 
prohibited degree of relationship on the mother's 
side (causing such unions to be illegal). 

20. The highly reprehensible custom of a brother 
living with his deceased brother's wife, and the de- 
livery of a marriageable damsel to a family is found 
in other countries. 

21. What is more, matches with a mother occur 
among the Parasikas. The inhabitants of some 
countries do not allow the presentation of fresh gifts 
(of food) at a .Sraddha offering to those Brahmans 
who have been fed at a ^Sraddha held on the eleventh 

19-24. These texts will be published elsewhere. They have been 
taken from the Sawskara Kant/a of the Smr/'li^andrikS, where they 
are quoted from an uncertain author. 20 has been printed, as a 
text of Br»haspati, in Professor BUhler's UggvaMi, p. 101. The term 
' PSrasikas ' denotes the Persians, or perhaps the Parsis of India. 

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39° BRJHASPATI. XXVH, 22-36. 

day (after the decease of a person) or at some other 

22. Others, after lending grain, take twice as much 
back in the autumn season and occupy the embanked 
land, after having received twice the amount lent, 

23. Though the principal has been repaid. This 
is reprehensible also. Such forbidden practices (the 
king) should check (when they are resorted to) 
through folly. 

24. Such customs as are not opposed to the laws 
of particular countries and castes or other (corpora- 
tions), every king should establish in accordance 
with the sacred law, after consulting the law-books.] 

25. Thus let the king every day examine, in 
common with learned Brahmans, both the suits 
proffered by litigants and those instituted by the 
king (himself). 

26. When the safety of many may be effected by 
destroying a single offender, his execution is produc- 
tive of religious merit (even). 

25. Ratn. p. 618. 

26. Smr«i£. ekasmin yatra nidhanaw prapite dushAutSriwi 1 ba- 
hflnaw bhavati kshemas lasya pu«yaprado vadhaA ll 

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P. 231, Appendix v. 56. This difficult text, together with an 
additional text, is quoted in a somewhat different, but equally faulty 
form, in the recently published last fasciculus of the Vivadaratnakara 
in the Bibliotheca Indica. I propose to render the two texts as 
follows : * Fines beginning with a Karsh£pa«a may amount to four 
Karshapawas at most (in heavy cases) ; there are others beginning 
with two and rising to eight, or beginning with three and rising 
to twelve Karshapawas. All those (fines) which have been declared 
to begin with one Karshapa«a may be raised to the fourfold amount ; 
the same rule applies to the other fines as well, excepting the highest 
fine (which consists of 2500 Pawas).' 

P. 369, after v. 14, add ' 15. A wife should be honoured by her 
husband with (presents of) clothes, ornaments, and food ; and at a 
festival (she should receive similar presents) from her father and 
brothers, her parents-in-law, and other relations.' 

P. 369, after note on w. 12-14, <*<W *&■ Smr/tLfc. bhartri patni 
samabhyariyi vastrilawkirabho^anaiA I utsave tu pitnbhratmva- 
raradyau £a bandhubhiA II 

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