from the ,google ,print project47 ,transcriber's note3 #a4 ,the spelling1 accents1 and diacritical marks of ,sanskrit words was not consistent through the book4 ,these have been made consistent4 #b4 ,the corrections noted in the ,corrigenda on page v have been made in the text4 ,,hindu ,,law ,,and ,,judicature ,,from ,,the ,,dharma-,,sastra of ,,yajnavalkya ,in ,english ,,with ,,explanatory ,,notes ,,and ,,introduction ,,by ,,edward ,r,oe,e,r1 ph4 ,d41 ,m4 ,d4 ,,and ,w4 ,a4 ,,montriou1 ,,barrister4 ,calcutta3 ,r4 ,c4 ,,lepage ,,co41 ,,british ,,library4 ,london3 ,r4 ,c4 ,,lepage ,,co41 #a1 ,,whitefriar',s ,,street1 ,,fleet ,,street #ahei4 99 99 99 99 99 ,,preface4 ,the immediate incentive to this undertaking was1 a knowledge1 or at least a strong impression1 that a connected and explanatory translation of the rules of jurisprudence#a in the ,dharma ,sastra of ,yajnavalkya was a practical want4 ,such impression was coincided in1 and therefore proved correct1 by a long list of local subscribers eminently qualified1 by position and experience1 to decide4 ,dr4 ,roeer is responsible for the fidelity of the rendering1 so far as depends on knowledge of the ,sanscrit language and literature1 of ,hindu mythology and philosophy4 ,mr4 ,montriou has aided1 so far as enabled by juridical acquirements and experience4 ,the language of translation has1 therefore1 been a joint labour1 often the result of much and anxious discussion1 and1 if not unfrequently but a choice of doubtful alternatives1 yet1 always a choice made with pains and circumspection4 ,the text we have generally followed is ,stenzler's#b which is based on and selected from two ,,mss4 in the royal library at ,berlin and two editions published in ,calcutta4#c ,we have not neglected constant comparison with ,stenzler's ,german translation as well as with the several detached passages as translated by ,colebrooke and ,w4 ,macnaghten4 ,words within brackets 7 7 are not in the original text4 ,references to1 and extracts from1 the standard commentary upon ,yajnavalkya1 the ,mitakshara1 necessarily form the staple of our notes4 ,all such extracts are distinguished by the initial 7,m471 and the author of the commentary we invariably refer to as1 the ,commentator4 ,at the same time1 we have not blindly or implicitly followed this commentator4 ,in some sense all ,hindu glosses are untrustworthy guides4 ,they assume the text to be the language of inspiration2 and1 as the several ,dharma ,sastras not merely differ1 but often dispose of the same subject in a contradictory manner1 ,pandits deem it their duty to reconcile all discrepancies1 how forced soever their interpretations may be4 ,in passages so dealt with1 we have endeavoured to give the plain meaning of the original text4 ,we gratefully acknowledge the obliging assistance1 in research1 enquiry1 and suggestion1 occasionally afforded1 in the progress of our task1 by ,babus1 ,chandra ,saikhur ,dev#d and ,shyamacharana ,sircar4#e ,e4 ,r4 ,w4 ,a4 ,m4 ,august #aheh4 ,,footnotes3 ,footnote #a3 vyavahara4 ,footnote #b3 ,yajnavalkya's ,gesetzbuch1 ,sanscrit and ,deutsch1 ,berlin and ,london1 #ahdi4 ,footnote #c3 #a4 ,sanhita of ,yajnavalkya1 edited by ,sri ,bhavanicharana ,vandyopadhyaya3 #b4 ,the text published in the ,mitakshara ,dharma ,sastra1 ,calcutta1 #ahab4 ,footnote #d3 ,formerly head superintendent of the legal and zemindarry affairs of the maharajah of ,burdwan4 ,footnote #e3 ,joint chief translator and interpreter ,h4 ,m4 ,supreme ,court4 ,,corrigenda4 ,page x1 7,introd47 for ,swabhabha read ,swabhava4 xi1 sl4 #bda read sl4 #bdj4 #b1 sl4 #b1 harken read hearken4 #gi1 sl4 #cjc1 equipage1 read vehicle4 gadee read seat4 ,transcriber's ,note3 ,these corrections have been made in the text ,,introduction4 ,professor ,stenzler enumerates#f forty-six distinct ,dharma ,sastras or recognised codes of ,hindu law and ritual1 scil4 #c cross symbols #a4 ,agni4 #a cross symbol #b4 ,angiras4 #a cross symbol #c4 ,atri4 #a cross symbol #d4 ,apastamba4 #a cross symbol #e4 ,usanas4 #b cross symbols #f4 ,rishyasringa4 #b cross symbols #g4 ,kasyapa4 #a cross symbol #h4 ,katyayana4 #b cross symbols #i4 ,kuthumi4 #b cross symbols #aj4 ,gargya4 #a cross symbol #aa4 ,gautama4 #c cross symbols #ab4 ,chyavana4 #c cross symbols #ac4 ,ch'hagaleya4 #c cross symbols #ad4 ,jatukarna4 #b cross symbols #ae4 ,jabali4 #a cross symbol #af4 ,daksha4 #b cross symbols #ag4 ,devala4 #b cross symbols #ah4 ,narada4 #a cross symbol #ai4 ,parasara4 #b cross symbols #bj4 ,paraskara4 #c cross symbols #ba4 ,pitamaha4 #b cross symbols #bb4 ,pulastya4 #b cross symbols #bc4 ,paithinasi4 #b cross symbols #bd4 ,prachetas4 #c cross symbols #be4 ,prajapati4 #c cross symbols #bf4 ,budha4 #a cross symbol #bg4 ,brihaspati4 #b cross symbols #bh4 ,baudhayana4 #b cross symbols #bi4 ,bhrigu4 #a cross symbol #cj4 ,manu4 #b cross symbols #ca4 ,marichi4 #a cross symbol #cb4 ,yama4 #a cross symbol #cc4 ,yajnavalkya4 #a cross symbol #cd4 ,likhita4 #b cross symbols #ce4 ,laugakshi4 #a cross symbol #cf4 ,vasishtha4 #b cross symbols #cg4 ,viswamittra4 #a cross symbol #ch4 ,vishnu4 #a cross symbol #ci4 ,vyasa4 #a cross symbol #dj4 ,sankha4 #a cross symbol #da4 ,satatapa4 #c cross symbols #db4 ,satyayana4 #a cross symbol #dc4 ,samvartta4 #b cross symbols #dd4 ,sumantu4 #c cross symbols #de4 ,soma4 #a cross symbol #df4 ,harita4 ,of the above list1 twenty 7distinguished by one cross7 are in ,yajnavalkya's list3#g seventeen of these are named by ,parasara1 viz4 all except ,yama1 ,brihaspati and ,vyasa1 instead of whom he gives ,kasyapa1 ,gargya and ,prachetas3 the ,padma ,purana gives those named by ,yajnavalkya1 with the exception of ,atri1 and seventeen others1 7distinguished by two crosses7 three of whom1 ,prachetas1 ,kasyapa and ,gargya1 are on ,parasara's list1 and the remaining fourteen1 not before mentioned3 ,madhusudana ,saraswati names the same nineteen of ,yajnavalkya's list1 also ,devala1 ,narada1 ,paithinasi3 ,rama ,krishna1 in his gloss to the ,grihya ,sutras of ,paraskara1 mentions thirty-nine1 of whom nine 7distinguished by three crosses7 are new ones4 ,there is also a ,dharma ,sastra attributed to ,sankha and ,likhita jointly1 thus making forty-seven in the whole4 ,the professor considers all to be extant2 and has himself met with quotations from all1 except ,agni1 ,kuthumi1 ,budha1 ,satyayana1 and ,soma4 ,to those may be added several recensions of the same ,dharma ,sastras1 of which professor ,stenzler speaks to having read of twenty-two4 ,the entire forty-seven are independent sources of and authorities upon ,hindu law4 ,the ,digest of ,jagannat'ha ,tarcapanchanana1 as translated by ,colebrooke1 is a valuable repertory of texts2 but1 detached and isolated as they necessarily are1 those texts can with difficulty be appreciated or applied4 ,yajnavalkya is second in importance to ,manu alone3 and1 with the commentary1 is the leading authority of the ,mithila school4 ,the resident of ,british ,india needs not to be informed1 that the orthodox ,hindu regards his ,dharma ,sastras as direct revelations of the ,divine will3 still less need such an one be told1 that1 among this people1 law is entirely subservient to the mysterious despotism of cast1#h a religious1 rather than a political ordinance4 ,with the ,hindu1 all religious tenets and aspirations are centred in the idea of ,,brahma1 the one1 pervading1 illimitable substance1 without multiple1 division or repetition4 ,this idea has two modes or phases1 #ast4 as representing the absolute1 self-included ,brahma2 #bnd4 as representing ,brahma in connection with1 relative to1 the world4 ,in the latter1 ,brahma is creator of the world1 or1 the very world1 a semblance or a development of the former1 the absolute idea4 ,man's highest aspiration and aim is1 to know ,brahma absolutely3 to have attained this knowledge implies a total renunciation of worldly concerns1 to coalesce with1 to be ultimately absorbed in1 reunited with1 ,brahma4 ,brahmanas are held to possess1 to represent1 this knowledge4 ,again1 ,brahma is the creator1 the preserver1 also1 the objects created and preserved4 ,kshattriyas represent ,brahma1 the preserver3 ,vaisyas1 ,brahma the preserved4 ,the dogma is otherwise explained3 in the secondary or relative notion1 ,brahma is ,sattwa1 ,rajas1 ,tamas1 i4 e4 goodness1 activity1 darkness1--respectively represented by the ,brahmana1 ,kshattriya1 and ,vaisya casts4 ,when the ,hindus dwelt in the country of the five rivers1 and were worshippers of the powers and phenomena of material ,nature1 as of ,indra1 ,vayu1 ,agni c41 cast was necessarily unknown1 for the notion of ,brahma was undeveloped4 ,the divisions or classes among them were conventional2 there were princes1 priests1 and peasants or cultivators4 ,but class distinction had not then crystallized into cast1 into immiscible1 uncongenial yet co-ordinate elements of a so called revealed constitution4 ,so soon however as the idea of ,brahma had attained fixity in the ,hindu mind1 and simultaneously with it1 cast was developed1 as we find it 7but imperfectly7 in the earliest records of ,hindu philosophy1 the ,upanishads4 ,thus1 cast governs and is antecedent to law1 which must bend and adapt itself to cast1 as the overruling1 intrinsic1 unalterable condition of ,hinduism1 of ,hindu life4 ,there is one law1 one phase of obligation for the twice-born1 another for the ,sudra4 ,in ,manu1 cast is not so fully and severely developed3 ,manu permits to the ,brahmana four wives1 of whom one may be a ,sudra1 necessarily permitting1 therefore1 a transition or quasi-amalgamation between the highest and the lowest in the scale4 ,yajnavalkya permits this ,brahmanical communion with the ,kshattriya and ,vaisya1 but not with the ,sudra4 ,later promulgators of law1#i restrict the ,brahmana to his own class4 ,but although cast1 once developed1 admitted not of change1 juridical rules1 subservient to cast1 might and did progress3 civil laws and procedure became more comprehensive and exact1 the criminal code more regulated1 lenient1 and enlightened4 ,and as universally1 7for such is human17 breaches and occasional disregard of rules have1 silently though surely1 worked a change1 or caused exceptional accessions to the rules themselves4 ,the rule of the ,sastras1 that kingly power should belong to the ,kshattriya alone1 was1 even in the halcyon days of ,hindu polity1 repeatedly set aside4 ,chandragupta1 a ,sudra1 and his dynasty1 held sway over ,india from #cae to #agc ,b4 ,c43 afterwards came ,brahmanical kings1 the ,kanwas1 from #ff to #ba ,b4 ,c43 whilst the mighty ,gupta kings1 from #aej to #bhj ,a4 ,c41 were ,vaisyas4 ,the code of ,manu presents a disarranged mass of regulations1 in so much that some have supposed the disorder to have been designed4 ,that conclusion1 however1 is repelled by the comparatively succinct arrangement of ,yajnavalkya and other sages4 ,it is more consistent to suppose1 that ,manu1 as originally promulgated1 was1 from time to time1 added to1 with an accidental disregard of method4 ,achara1 ritual1 comprises the distinctive cast-ceremonies1 domestic and social usages1 rites of purification1 of sacrifice4 ,vyavahara1 may be called the juridical rules1 embracing as well substantive law as the procedure and practice of legal tribunals4 ,prayaschitta1 expiations1 are the religious sanctions1 or penalties of sin2 the divine visitation upon offenders1 and the mode in which the sinner may avert1 by atonement1 the consequences of divine vengeance4 ,the date of ,yajnavalkya's ,dharma ,sastra is not definitely or satisfactorily fixed4 ,from internal evidence1 it is doubtless much subsequent to ,manu4 ,the data for conjecturing the period of ,yajnavalkya are2 #a4 ,reference is made to ,buddhist habits and doctrines1 viz4 the yellow garments1 the baldhead1 the ,swabhava 7,b4 ,i4 sl4 #bga1 #bgb1 and #cdi74 ,hence1 this ,dharma ,sastra must have been promulgated later than ,b4 ,c4 #ejj4 #b4 ,reference is made to a previous ,yoga ,sastra promulgated by ,yajnavalkya 7,b4 ,,iii1 sl4 #aaj74 ,now1 the ,yoga philosophy was first shaped into a system by ,patanjali who1 according to ,lassen1 probably flourished about #bjj ,b4 ,c4 #c4 ,mention is made of coin as nanaka 7,b4 ,,ii1 sl4 #bdj74 ,now1 the word nano occurs on the coins of the ,indoscythian king1 ,kanerki1 who1 according to ,lassen1 reigned until #dj ,a4 ,c4 ,the result1 though indefinite1 places the earliest date of ,yajnavalkya's code towards the middle of the first century after ,christ4 ,,footnotes3 ,footnote #f3 ,see his paper ,zur ,geschichte der ,indischen ,gesetzbucher 7,contributions to the history of the ,indian law-books7 in ,weber's ,indische ,studien1 vol4 ,i1 pp4 #bcb to #bdf4 ,footnote #g3 ,yajnavalkya1 ch4 ,i1 sl4 #c to #e4 ,footnote #h3 ,we have followed ,mr4 ,elphinstone 7,hist4 ch4 #a7 in the orthography of this word3 it is from the ,portuguese casta1 breed1 race4 ,footnote #i3 ,see ,lassen's ,indische ,alterthumskunde1 vol4 ,,ii1 p4 #eaj4 ,,selected ,,slokas ,,of ,,the ,,first ,,book4 ,,ritual ,,and ,,moral ,,conduct4#aj #a4 ,the ,munis#aa after adoration to ,yajnavalkya1 lord of ,yogis1#ab thus addressed him3 ,reveal to us the several duties of the casts1 of the orders1#ac and of the others6#ad #b4 ,the prince of the ,yogis1 who then abode in ,mithila1 meditating for a moment1 said to the ,munis3 ,hearken to the rules of duty in the country of the black antelope6#ae #c4 ,there are fourteen repositories#af of the sciences and of law2 the four ,vedas together with the ,puranas1 the ,nyaya1 the ,mimansa1 the ,dharma ,sastras1 and the six ,angas4#ag #d4 ,manu1 ,atri1 ,vishnu1 ,harita1 ,yajnavalkya1 ,usanas1 ,angiras1 ,yama1 ,apastamba1 ,sanvarta1 ,katyayana1 ,brihaspati1 #e4 ,parasara1 ,vyasa1 ,sankha1 ,likhita1 ,daksha1 ,gautama1 ,satatapa1 and ,vasishtha1#ah are they who have promulgated ,dharma ,sastras4 #f4 ,when a gift is made1 in due season1 place and manner1 in good faith and to a fit person--all this gives the idea of ,law4 #g4 ,the ,sruti1 the ,smriti1#ai the practice of good men1 what seems good to one's self1#bj and a desire maturely considered--these are declared to be the root#ba of ,law4 #i4 ,four learned in the ,vedas and in the ,law form a ,court1 or ,traividya4#bb ,whatever is declared by this ,court1 or by a single person who has1 in an eminent degree1 knowledge of the soul in its relations#bc--the same should be held as ,law4 #aj4 ,brahmans1 ,kshattriyas1 ,vaisyas and ,sudras are the casts3 of them the three first are twice-born2 all their rites1 commencing with the procreative rites1 and ending with those which are gone through where the corpse is disposed of1#bd are with ,mantras4#be #ad4 ,in the eighth year from conception1 or in the eighth of birth1#bf the investiture#bg of the ,brahman takes place2 of ,rajas#bh in the eleventh2 of ,vaisyas in the twelfth3 some have said1 this varies in accordance with the usage of the family4 #ci4 ,brahmans1 ,kshattriyas1 and ,vaisyas are born1 first1 of their mothers1 and1 a second time1 by the girding on of the sacred thread--therefore are they declared to be twice-born4 #aaf4 ,men are to be honoured in the gradation following1--in respect of learning1 conduct1 years1 family1 property4 ,even a ,sudra1 if he excel in these respects1 is in old age worthy of honour4 #cbf4 ,the monarch1 at his rising from the night's repose1 having seen to the general safety1 shall himself inspect the account of revenue and disbursements2 he shall then adjudicate law-suits2 after which1 having bathed1#bi he may1 at his pleasure1 take his meal4#cj #cdb4 ,of a newly subjugated territory1 the monarch shall preserve the social and religious usages1 also the judicial system and the state of classes as they already obtain4#ca #ceb4 ,a ruler1 a minister1 people1 a stronghold1 treasure1 power of punishment1 and allies--because these are its elements1 a realm is called seven-limbed4 #cec4 ,when possessed of this1 let a monarch cause punishment to fall on the guilty2 for1 of old1 justice was created by ,brahma under the form of punishment4#cb #ceg4 ,a brother even1 or a son1 any one to whom respect is due1 a father-in-law or maternal uncle1 if he transgress1 is not to go unpunished by the monarch4 #ceh4 ,the monarch who punishes such as deserve punishment1 who slays such as deserve death3 he is as one who has made many sacrifices with valuable offerings4#cc #cei4 ,every day should the monarch1 pondering on his reward 7such as sacrifices gain71 himself investigate law-suits in their order with the judges around him4 #cfj4 ,the monarch1 always duly correcting those among the casts1 the mixed classes1 the guilds1 the schools#cd of the learned1 and the people in general1 who have deviated from their duty1 should set them in the right path4 #cfa4 ,a particle of dust in the sunbeams1 as they shine through a window1 is held to consist of three atoms2 eight of those particles are equal to a poppy seed1 of which three are equal to a black mustard seed2 #cfb4 ,three of these to a white mustard seed1 three of these to a barley seed of middle size1 three of these to a ,krishnala berry1#ce five of these to a ,masha1#cf sixteen of these to a ,suvarna4#cg #cfc4 ,a ,pala is four or five#ch ,suvarnas4 ,two ,krishnalas are a silver ,masha2 sixteen of the latter1 a ,dharana4 #cfd4 ,a ,satamana and a ,pala are each equal to ten ,dharanas3 a ,nishka is four ,suvarnas3 a copper ,pana is of the weight of a ,karsha4#ci #cfe4 ,one thousand and eighty ,panas is declared the highest fine2 half of that amount the medium fine2 and half of this the lowest fine4 #cff4 ,reproof1 words of ignominy1 fine1 and death1#dj shall be administered1 singly or together1 according to the crime4#da #cfg4 ,the monarch having informed himself of the crime1 the place where1 and the time when committed1 the strength of the criminal1 his age1 calling1 and means1 shall cause punishment to fall upon the guilty4#db ,inverted therefore symbol ,the foregoing extracts1 it will have been observed1 are of general application1 and do not refer to any part of the law in detail4 ,several slokas in the first book1 however1 and some in the third1 do refer to and affect the details of law1 which are the proper subject of the second book1 where therefore they are inserted1 according to their subject4 ,,footnotes3 ,footnote #aj3 ,this is the general subject and title of the first book2 but the following slokas are selected as introductory of and with reference to civil and municipal law4 ,footnote #aa3 ,pre-eminent1 divine sages2 probably the great ,rishis1 the first-created of ,brahma1 mentioned in the opening verse of ,manu4 ,in the third book 7sl4 #ahf--ahi7 two classes of ,munis are described1 of whom one1 after blessed experience of ,heaven1 return to ,earth1 and the other are to continue in the abodes of bliss until the destruction of the universe4 ,these latter are the publishers of the ,vedas1 ,upanishads1 ,sutras1 ,puranas1 in fine of all records of knowledge through the medium of language4 ,footnote #ab3 ,these 7according to ,hindu notions7 have withdrawn their senses from external things by1 as it were1 mental concentration1 fixing the thoughts1 without change or wavering1 upon the soul in its relations with the ,supreme ,being4 ,footnote #ac3 viz4--the brahmachari1 the student of the ,vedas1 the grihastha1 the head of a family4 the vanaprastha1 who has retired from active life1 to the forest4 the sanyasi1 whose duty it is to pass his time in meditating upon ,brahma1 so as to attain to the state of a ,yogi4 ,footnote #ad3 i4 e4 the mixed casts4 7,m47 ,footnote #ae3 ,manu1 ch4 #b1 sl4 #bc4 ,footnote #af3 ,the ,commentator explains this by a word which signifies cause or source4 ,footnote #ag3 ,,iv4 ,vedas1 of which there are four1 each being divided into sanhita and brahmana4 ,v4 ,puranas1 these 7of which there are #ah7 treat of the origin and destruction of the world1 mythological stories and genealogies1 and the doings of the early ,hindu monarchs4 ,,vi4 ,nyaya1 one of the six orthodox systems of ,hindu philosophy1 treating especially of logic and dialectics4 ,,vii4 ,mimansa1 there are two ,mimansas3 the first 7purva7 treats of the rules of duty1 as derived from the ,vedas1 the second or subsequent 7uttara7 treats of ,brahma1 the universal cause and soul4 ,,viii4 ,dharma ,sastras1 viz4 ,manu1 ,yajnavalkya1 c41 the subject being divided into1 #a4 ,ritual and moral conduct 7achara72 #b4 ,law and judicature 7vyavahara72 #c4 ,expiations 7prayaschitta74 ,,xiv4 ,angas1 six treatises1 viz41 pronunciation1 grammar1 prosody1 explanation of obscure terms1 religious rites1 astronomy4 ,these are considered appendants of the ,vedas4 ,the word angas signifies1 limbs4 ,footnote #ah3 ,to these twenty many others have to be added1 ,narada1 c43 see ,introduction4 ,footnote #ai3 ,sruti are the ,vedas2 ,smriti1 the ,dharma ,sastras3 such is the definition of ,manu1 ch4 #b1 sl4 #aj4 ,footnote #bj3 ,the ,commentator qualifies this indefinite source of law1 as applicable only where two or more lawful alternatives are presented4 ,footnote #ba3 ,further explained by the ,commentator1 the evidence or proofs of law2 and he adds1 the several proofs mentioned1 where they clash1 are of weight and authority according to their precedence1 e4g4 ,sruti the highest1 the mature desire the lowest1 ,manu1 ch4 #b1 sl4 #f1 #ab4 ,footnote #bb3 ,which means1 having knowledge of the three ,vedas4 ,see ,manu1 ch4 #ab1 sl4 #aaj to #aac4 ,footnote #bc3 ,to explain or enlarge upon this metaphysical phrase would be out of place in the present work4 ,the curious student can refer to the ,upanishads and the ,vedanta4 ,footnote #bd3 ,which1 in the time of our author1 meant1 the place of cremation4 ,in the third book1 sl4 #a1 #b1 ,yajnavalkya says3--,a child under two years of age is to be buried1 nor shall water be offered2 every other deceased1 being followed by his relatives to the place for disposal of the dead1 shall there be burned4 ,it was certainly otherwise at the period of the ,vedas 7vide ,die ,todtenbestattung im indischen ,alterthum4 ,german ,oriental ,society's ,journal1 ,vol4 ,,viii4 pp4 #dfg--dge73 the paraphrase in the text is the meaning of the term used1 smasana4 ,footnote #be3 ,texts of the ,vedas to be recited on solemn occasions4 ,see analogous passage1 ,manu ch4 #b1 sl4 #af4 ,footnote #bf3 ,so we supply the hiatus in the text1 in conformity with the opinion of the ,commentator4 ,manu makes no allusion to the alternative1 ch4 #b1 sl4 #cf4 ,footnote #bg3 ,induction into the character and privileges of his cast1 by means of the sacred thread4 ,footnote #bh3 who1 being ,kshattriyas1 here represent the cast4 ,footnote #bi3 at mid-day4 7,m47 ,footnote #cj3 ,manu ch4 #g1 sl4 #baf4 ,footnote #ca3 ibid1 #bja et seq4 ,footnote #cb3 ibid1 #ac1 #da4 ,footnote #cc3 ,manu ch4 #h1 sl4 #cjf4 ,footnote #cd3 ,the ,commentator explains the general expression here used by the word haituka1 of which one meaning is that given in the text1 but it also signifies1 those who do not believe in the ,vedas4 ,footnote #ce3 retti or gunja1 a shrub bearing a small red and black berry4 ,wilson4 ,footnote #cf3 ,a sort of kidney bean1 phasealus radiatus4 ,wilson4 ,footnote #cg3 ,about #agf grains ,troy weight4 ,wilson4 ,footnote #ch3 ,manu says four4 ,footnote #ci3 ,these tables of weight1 as further explained by the ,commentator1 may be given thus3 #c ,atoms #a ,mote4 #h ,motes #a ,poppy seed or a nit4 #c ,poppy seeds or #c nits #a ,black mustard seed4 #c ,black mustard seeds #a ,white mustard seed4 #c ,white mustard seeds #a ,barley corn4 #c ,barley corns #a ,krishnala4 ,gold4 #e ,krishnalas #a ,masha4 #af ,mashas #a ,suvarna4 #d ,suvarnas #a ,pala4 ,silver4 #b ,krishnalas #a ,masha4 #af ,mashas #a ,dharana4 #aj ,dharanas #a ,pala or ,satamana4 #d ,suvarnas #a ,nishka4 ,copper4 #d ,karshas #a ,pala4 #a ,pana #a ,karsha i4 e4 #a_/d ,pala4 ,they by no means satisfactorily define the intrinsic weight and signification of the ,pana1 which1 as the measure of pecuniary penalty1 would seem to be the chief if not sole object of their introduction4 ,in the corresponding slokas of ,manu1 ten ,palas are said to be equivalent to one ,dharana4 ,we can only reconcile this by supposing ,manu to refer to a gold ,pala and ,yajnavalkya to a silver ,pala4 ,footnote #dj3 ,the ,commentator remarks1 that this includes every kind of corporal punishment4 ,footnote #da3 ,manu1 ch4 #h1 sl4 #abi1 #acj4 ,footnote #db3 ibid1 sl4 #abf1 also ch4 #g1 sl4 #af4 ,in the last passage1 ,sir ,wm4 ,jones has added to the term1 strength1 his own2 this we consider to be an error1 at any rate it is not a mere translation1 and we have applied the term used1 viz4 strength simpliciter1 differently4 ,,the ,,second ,,book ,,law ,,and ,,judicature4 #a4 ,let the monarch1#dc free from anger or thought of gain1 in conjunction with learned brahmans1 adjudicate law-suits1 according to the ,dharma ,sastras4 #b4 ,he shall appoint judges perfect in the ,vedas and in science1#dd versed in the ,dharma ,sastras1 such as speak truth and bear themselves alike to friend and foe4 #c4 ,if the monarch1 from press of other business1 cannot adjudicate1 he shall appoint a brahman versed in the whole law1 to preside with the judges4#de #d4 ,should the judges1 from partiality1 from love of gain1 or from fear1 act in anywise contrary to law or usage2#df each one so acting shall be amerced in double the value of the suit4 #e4 ,when one who is aggrieved by others1 in any way contrary to law or usage1 makes a representation to the monarch2 this is matter for a law-suit4 #f4 ,the representation1 as made by the plaintiff1 is to be put in writing1 in presence of the defendant2 the year1 month1 half-month1 day1 names1 cast1 c41#dg being given4 #g4 ,the answer of the defendant to what he has heard read is then to be put in writing1 in presence of him who made the first representation3 and then the latter shall1 at once1 furnish a statement in writing of the proof to support what he has asserted4 #h4 ,this being established1 he succeeds in his suit2 otherwise1 the reverse4 ,thus it appears1 the procedure in law-suits has four steps4 #i4 ,let not a counter-complaint be preferred until the original complaint is disposed of1 nor let a third person sue him against whom a complaint is pending4#dh ,the statement of the cause of suit is not to be varied4#di #aj4 ,the defendant may bring a counter-plaint for abusive language1#ej or personal trespass1#ej or for acts of atrocious violence4#ea ,on behalf of each party1 a surety1 competent to meet the result of the suit1 shall be bound4 #aa4 ,one against whom1 after a plea of denial1 judgment is given1 shall pay the amount adjudged to the plaintiff together with an equal sum to the monarch4#eb ,one who has made a false complaint1 shall forfeit double the amount of his claim4 #ab4 ,in a case of atrocious violence1 of theft1 of reviling or personal trespass1#ec where a cow is the subject1 or a malicious charge of crime1#ed or an offence destructive of life or property#ed where a female of the household is the subject--in each of these cases the ,court shall compel the parties to go to trial forthwith4 ,in other cases1 a day may be appointed at pleasure4 #ac4 ,one who moves from place to place1#ee who licks the corners of his mouth1 whose forehead sweats1 and whose countenance changes colour4 #ad4 who with words from a dry throat1 stammering1 says much that is contradictory1 who makes no response to word or look1 who contracts the lips-- #ae4 whosoever in this wise changes his natural manner1 in the action of his mind1 of his speech1 and of his person1 is to be set down as false in his complaint1 or if a witness in his testimony4#ef #af4 ,one who enforces by his own arbitrary act a claim which is denied1 who absconds1 or who does not respond when called--each of these is considered to have failed1 and is amenable to punishment4#eg #ag4 ,where there are rival claims1 and witnesses on both sides1 the witnesses of him who asserts the elder title1 are to be first examined3 if that title be admitted1#eh then the witnesses of him who claims by subsequent title shall be examined4#ei #ah4 ,should the suit be accompanied by a wager1 the ,court shall compel the losing party to pay the fine prescribed1#fj as well as his wager and his debt to the creditor4 #ai4 ,let the monarch1 rejecting subtleties1 conduct the trial of suits upon the merits3 even merits1 in the absence of proof1 must fail of success in the suit4 #bj4 ,if one plead a denial to a representation including several matters1#fa and one part be proved against him1 the monarch shall compel him to pay the whole amount claimed3 but what has not been previously declared by the plaintiff#fb is inadmissible4 #ba4 ,if two texts of the ,law be opposed to each other1 an argument founded on usage is of force2 but the ,dharma ,sastra is of greater force than the ,artha ,sastra4#fc ,this is a settled rule4 #bb4 ,legal proofs are described as1 writing1 possession1 and witnesses4 ,in the absence of either of those1 it is ordained1 that some one of the ordeals is to be resorted to4 #bc4 ,in all disputes where property is concerned1 the last act is of greater force2#fd except in cases of pledge1 gift1#fe and sale1 when the first act is of greater force4#ff #bd4 ,if one see#fg his land in the possession of another#fh and say nothing1 it is lost after twenty years2 moveables after ten years3#fi #be4 excepting pledges1 boundary-limits1 deposits with specification1#gj property of idiots and children1 deposits without specification1#ga property of the monarch1 of women1 and of those learned in the ,vedas4 #bf4 ,one who appropriates#gb a pledge1 c41 shall be compelled to restore to the owner his property1 and to pay a fine of equal value1 or according to his means1#gc to the monarch4 #bg4 ,acquisition by title#gd is stronger#ge than possession1 unless this has come down from ancestors2#gf but acquisition by title is of no avail without possession for a short time4#gg #bh4 ,if one holding by title have it questioned in a ,court of justice1 he must establish it by proof3 but not so his son1 nor his son's son2 in their case1 possession is of greater weight4 #bi4 ,if one whose title is questioned die pending the suit#gh1 his heir must establish it by proof2 in such case possession without title will not avail4#gi #cj4 ,those appointed by the monarch1#hj communities1#ha guilds1#hb and families1 have authority1 one after the other1#hc to investigate law-suits among men4 #ca4 ,the monarch shall annul decisions of suits which have been brought about by force or fraud2 also those made by women1 those made at night1 those made in private chambers1 those made in a place beyond the limits1#hd and those made by enemies4 #cb4 ,a suit instituted by one intoxicated1 or insane1 or stricken with disease1#he or given up to vice1#hf or a minor1 or one under the influence of fear1 c41#hg or one having no interest1 is invalid4 #cc4 ,when lost property is found1#hh it shall be restored by the monarch to the owner3 if the claimant fail to identify by some sign1 he shall pay an equivalent fine4 #cd4 ,if the monarch find a treasure1#hi he shall give half of it to the twice-born4#ij ,if1 on the other hand1 a twice-born find a treasure1 he shall1 if learned1 take the whole1 for he is lord of all4#ia #ce4 ,of treasure found by any one else1#ib the monarch shall take a sixth4#ic ,if the finder do not make report1 but his discovery comes to light1 he shall surrender what he has found1 and shall1 besides1 be punished4 #cf4 ,stolen property1 however1 is to be given up by the monarch to the subject2 seeing that1 if he do not give it1 he shall bear all the sin of that person from whom it is stolen4#id #cg4 ,where there is a pledge1 the interest1 month by month1 shall be an eightieth part2 otherwise1 two1 three1 four or five parts1 in a hundred1 according to the order of cast4#ie #ch4 ,they however who travel in forests#if give ten parts2 they who go to sea1 twenty parts1 in a hundred4 ,or1 all#ig must render to all1 of whatever cast1 the rate of interest settled amongst themselves4#ih #ci4 ,but for cattle and women lent the return is1 their offspring3 the highest encrease demandable for use of liquids#ii is eight-fold2 for wearing apparel1 for corn1 and for gold1 four-fold1 three-fold and two-fold respectively4 #dj4 ,the monarch should not blame one who enforces a recognised debt4#ajj ,if he1 against whom the debt is enforced1 complain to the monarch1 he may be punished1 besides being compelled to pay the debt4 #da4 ,the debtor as a general rule shall be made to pay his creditors in the order in which he has received from them2 but a brahman he is to pay first1 and1 after him1 the monarch4 #db4 ,the debtor shall be made to pay to the monarch ten parts in a hundred of the sum proved against him2#aja and the creditor1 when he has recovered his property1 five parts4#ajb #dc4 ,one of inferior cast1#ajc who is without means1 may be compelled to labour#ajd in discharge of his debt2 but a brahman1#aje wanting means to discharge his debt at once1 shall pay gradually in proportion to what may come to him4 #dd4 ,if one do not accept restitution of his property on loan when offered1 it is to be delivered to some third party2 from which time it ceases to carry interest4 #de4 ,a debt incurred by undivided kinsmen on account of the family shall be discharged by the heirs of the head of the family1 should the latter die or leave the country4#ajf #df4 ,a woman has not to pay a debt incurred by her husband or by her son1 nor a father the debt of his son2 except such debts be incurred on account of the family3 and it is the same with a husband in respect of a debt incurred by his wife4 #dg4 ,a son has not to pay1 in this world1 his father's debt incurred for spirituous liquor1#ajg or1 for gratification of lust1 or in gambling1 nor a fine1 nor what remains unpaid of a toll2 nor shall he make good idle gifts4#ajh #dh4 ,as to debts of wives of herdsmen1 distillers1 players1 washermen and hunters1 the husbands have to pay2 because their maintenance depends upon their wives4 #di4 ,a debt acknowledged1#aji one incurred by her jointly with her husband1 one incurred by herself solely#aaj--these must be paid by the wife2 none other need be paid by her4 #ej4 ,if a father have gone abroad1 or died1 or been subdued by calamity1#aaa his debt shall be paid by his sons and grandsons2#aab on their denial1#aac the debt must be proved by witnesses4 #ea4 ,he who takes the property of one who leaves no capable#aad son1 shall pay the debts2 so1 he who takes#aae the widow2 also that son whose paternal estate no other has appropriated1 and who in such case shall always be deemed fit to inherit property2#aaf and if one die without any son1 then1 whosoever succeeds to the property4 #eb4 ,to become surety1 to be indebted1 and to give evidence1 is unlawful between brothers1 between husband and wife1 or between father and son2 except1 where they are separated in property4 #ec4 ,giving surety is enjoined for appearance1 for confidence1#aag and for payment4#aah ,if there be a failure of either of the first two1 the surety himself in each case shall pay2 of the third1 his sons also must pay4 #ed4 ,if surety for appearance or for confidence die1 the sons have not to pay2 of a surety for payment1 the sons have to pay4#aai #ee4 ,if there are several sureties1 they shall pay the debt according to their respective liabilities3 if all have undertaken for the entire debt1#abj they shall severally be made to pay at the option of the creditor4 #ef4 ,if a surety be compelled by process of law#aba to discharge the debt1 the principal debtors shall reimburse him double the amount paid4 #eg4 ,for use of women and cattle1 the offspring shall be given3 for corn1 a return of three fold2 for apparel1 four fold2 for liquids1 eight fold4 #eh4 ,the owner's property in a pledge is forfeited if it be not redeemed when the debt is doubled2 of one made for a definite period1 it is forfeited at the specified date4 ,the property in a pledge with usufruct#abb does not become forfeit4 #ei4 ,if a simple pledge be put to use1 no interest is demandable3 so it is if a pledge with usufruct be damaged4 ,if the pledge be wholly spoiled or be destroyed1 it must be replaced2 except where caused by accident1#abc or by the monarch4#abd #fj4 ,a pledge is complete upon acceptance4#abe ,if the thing pledged have become worthless1 although duly cared for1 either another shall be given in its place1 or the creditor shall receive back his money4 #fa4 ,if a pledge be given or taken1 in reliance upon character1#abf the debtor shall be made to pay with interest3 the debtor shall be made to repay two-fold1 if he received on his plighted word4#abg #fb4 ,if one come and pay his debt1 the pledge shall be released2 otherwise he who has the pledge is a thief3#abh should the creditor be absent1 the debtor is to receive back his pledge upon paying the debt to the family2#abi #fc4 ,or it may remain where it was1 without interest on the debt1 the value at that date of the thing pledged being ascertained4 ,if the debtor fail to come1 the creditor may sell the pledge before witnesses4 #fd4 ,if the debt secured by pledge have become doubled1 the pledge shall be released2 provided1 the value of the usufruct of the thing pledged be double the amount of the loan4#acj #fe4 ,upanidhi is something in a box delivered to the hands of another1 without a declaration4 ,this shall be restored in the same manner as it was given4#aca #ff4 ,but one shall not be compelled to make good that of which he has been deprived by the monarch1 by accident1 or by thieves4#acb ,when the loss occurs after demand has been made1 and the deposit not returned1 the depositee is to make it good and to pay a fine of equal value4 #fg4 ,whoever of his own accord uses this description of deposit shall be fined1 and must restore it1 together with the profit made4 ,the same rule applies to things borrowed#acc for a special occasion1 also to what is delivered for the purpose of being restored to the owner1#acd also to what is deposited in the absence of the head1 with the other members of the family1#ace also to the deposits called nikshepa1#acf and the like4#acg #fh4 ,those proper to be witnesses are1 religious devotees1#ach they who bestow liberally1 the wellborn1 they who speak truth1 they whose chief aim it is to be virtuous1#aci they who are strait in their conduct1 they who have sons1 and the wealthy4#adj #fi4 ,there should be at least three witnesses1 such as observe the rites prescribed by the ,sruti and the ,smriti1 and are of a class1 whether mixed or unmixed1#ada corresponding with that of the person who produces them3 otherwise1#adb any person may be a witness for any person4 #gj4 ,women1 minors1 aged men1#adc gamblers1 persons intoxicated1 madmen1#add persons under suspicion of crime1 stageplayers1 infidels1#ade forgers1 persons who are deprived of any sense1 #ga4 heinous offenders1#adf intimate friends1#adg parties interested in the suit1 confederates1 enemies to either party1 thieves1 violent characters1 the openly wicked1#adh persons cast off by their friends and kin1 and such like1#adi are inadmissible as witnesses4 #gb4 ,even one person1#aej being an intelligent follower of ritual duties1#aea may1 with the consent of both parties1 be witness sufficient4 ,all are admissible#aeb as witnesses in cases of rape1 theft#aec defamation and personal trespass4#aed #gc4 ,the judge shall thus address the witnesses1 as they come up to the plaintiff and defendant3 ,the worlds appointed for criminals1 for atrocious criminals2#aee #gd4 the worlds appointed for incendiaries1 for murderers of women and children--all these shall be the portion of him who gives false testimony6 #ge4 ,know1 that whatever good has been done by thee in a hundred former births1 all shall become his whom thou defeatest by falsehood6#aef #gf4 ,that man who withholds his testimony1 the monarch shall compel to pay1 on the forty-sixth day1 the entire debt1 as well as a fine equivalent to a tenth of the amount4 #gg4 ,the lowminded man who1 although he has knowledge 7of the facts71 declines to give his testimony1 is1 in sin1 on a par with false witnesses2 so is he1 in his punishment4 #gh4 ,in case of conflicting testimony1 what is stated by the majority 7of the witnesses7 must be credited2 if the numbers be equal1 then those of the witnesses who are of distinguished qualities#aeg must be credited2 if again1 these are in contradiction1 then the most distinguished shall be credited4#aeh #gi4 ,that party 7to the suit7 whose assertion the witnesses have verified1 succeeds2 that one whose assertion the witnesses have disproved1 is defeated4 #hj4 ,although proof has been given by witnesses1 yet1 if others of more distinguished qualities or in number twice as many give opposite testimony1 the first witnesses should be held as false ones4 #ha4 ,as well they who suborn as they who give false testimony are to be severally fined in double the value of the suit3#aei a brahman1 in such case1 shall be banished4#afj #hb4 ,the witness who1 after he has been addressed#afa by the judge1 yet being blinded by passion1 withholds his testimony1--he shall pay eight times the ordinary fine3 in case of a brahman1 he shall suffer banishment4#afb #hc4 ,should it happen that the testimony of a witness must occasion the death of a person1 whatever the cast of the latter1--the witness shall1 in such case1 speak untruth4#afc ,for their purification after giving such false testimony the twice-born must make oblation to ,,saraswati4#afd #hd4 ,if any settlement have been mutually come to between debtor and creditor1 a written instrument should be drawn up before witnesses1 the first mention being of the creditor4 #he4 ,in it should be written the date1 viz4 year1 month1 half month1 day1 also the name1 cast1 family1 the ,veda-school1 and father's name1 of each party1 c4#afe #hf4 ,this being completed1 the debtor shall subscribe with his signature a declaration1 as follows3--,what is written above1 ,i1 the son of such an one1 agree to4 #hg4 ,then the witnesses1 all being equal in grade1 shall1 after their fathers' names1 write1 with their own hands respectively3 ,i1 such an one1 am a witness4 #hh4 ,and the writer shall subscribe at the foot1 as follows3--,this has been written1 at the request of both parties1 by me1 such an one1 the son of such an one4 #hi4 ,an instrument1 entirely in the handwriting of the party1 is to be received as proof1 although it be not witnessed1 unless procured by violence or by fraud4#aff #ij4 ,payment of a debt incurred upon a writing1 is obligatory only upon the debtor1 his son1 and grand-son2#afg but a pledge shall remain in use so long as the debt is unpaid4 #ia4 ,if the instrument be in a foreign country1 be illegibly written1 be destroyed1 faded1 stolen1 mutilated1 burned1 or torn1 the ,court shall direct a new one to be made4 #ib4 ,the authenticity of a written instrument which is doubtful1 is to be ascertained by comparison with other documents in the handwriting of the party c41#afh by enquiry into the probability of its having been obtained1#afi and the mode of its preparation1 by observation of any marks1 by enquiry of the relation in which the parties stand to each other1 and how the matter came about4 #ic4 ,as often as the debtor makes a payment1 either he shall write an indorsement to that effect on the document1 or the creditor shall give a receipt under his hand4 #id4 ,when the debt is paid1 the debtor shall cause the document to be torn up1 or shall have another prepared1 viz4 of discharge4 ,if the debt was incurred before witnesses1 its payment should also be before witnesses4#agj #ie4 ,the scales1 fire1 water1 poison1 the sacred draught--these are the ordeals for exculpation1#aga in case of grave accusations1 if the accuser be prepared to pay a fine4 #if4 ,when it is agreed on2 one of the parties shall perform the ordeal1 the other be in readiness to pay the fine4 ,even without a fine1 there shall be trial by ordeal in case of treason or great crime4 #ig4 ,the accused1 being summoned1 shall1 after bathing at sunrise and fasting1 be made to go through the several ordeals1 in presence of the monarch and the brahmans4 #ih4 ,the scales are the ordeal for women1 children1 aged men1 the blind1 the lame1 brahmans1 and those afflicted with disease4 ,fire or water1 or the seven barleycorns' weight of poison are the ordeal for a ,sudra4 #ii4 ,for a less value than a thousand panas1 one shall not go through the ordeal of the heated iron plough-share1 of poison1 or of the scales3 but in case of offence against the monarch or great crime1 purifications#agb shall always be gone through4 #ajj4 ,when the accused has been placed in the scales by those who understand the art of weighing1 a counter-weight adjusted1 and a line drawn1 he is then to be taken out of the scales4 #aja4 ,o scales6 made by the gods1 of old1 the abode of truth3 therefore do ye1 propitious ones1 declare the truth and liberate me from suspicion6 #ajb4 ,if ,i be an evil-doer1 then bear me down1 oh mother6 ,if ,i be pure1 carry me upwards6 ,thus shall he who is to go through the ordeal invoke the scales4 #ajc4 ,the hands of the accused shall be inspected when rice has been rubbed in them2 after which1 seven leaves of the ,indian fig tree are to be placed therein scil4 in his hands and fastened round successively with a thread4 #ajd4 ,thou1 ,o fire1 dwellest in all created things6 ,o purifier1 in testimony of innocence and guilt1 do thou1 in my hand1 make known the truth6 #aje4 ,when he who suffers the ordeal has thus spoken1 let a smooth red hot iron ball1 of fifty palas weight1 be placed upon both his hands4 #ajf4 ,carrying this1 let him slowly walk across seven circles1 of sixteen fingers breadth diameter each1 with an interval of the same measure between each4 #ajg4 ,if1 having thrown down the fireball1 and being again rubbed with rice1 he the accused is unburnt1 his purification is accomplished4 ,should the ball during the trial fall down1 or should there be any doubt1 he is to take it again4 #ajh4 ,by the power of truth1 ,o ,varuna1#agc save me6 ,thus invoking the water1 and grasping the thighs of a man standing in water up to his navel1 let him who goes through this ordeal submerge himself4 #aji4 ,an arrow at the same instant shot from the bow a swift footed-man shall run and fetch3 should he1 upon his return1 see that the body of the accused is still submerged1 the latter is to be exculpated4 #aaj4 ,thou1 ,o poison1 ,brahma's#agd son1 art ordained for truth and right2 free me from the accusation1 and be to me1 by the power of truth1 a draught of immortality6 #aaa4 ,thus speaking1 he shall eat of poison produced by the ,sringa tree1 of the ,himalaya4 ,whoever is able to digest this without evil effect1 shall be declared innocent4 #aab4 ,let the judge1 adoring terrible deities1 and taking of the water in which their images have been bathed1 adjure it1 and cause the accused to drink off three times the contents of his palms4 #aac4 ,he to whom1 within fourteen days from this ordeal1 no great calamity happens1 either from the monarch or by act of ,god1 shall without doubt be held guiltless4 #aad4 ,a father when making partition of his property1 can divide it among his sons as he pleases2 either giving to the eldest the best share or in such wise that all share equally4#age #aae4 ,if he give equal shares1 such of his wives as have not received stridhana from their husband or father-in-law shall also equally share4#agf #aaf4 ,if one have means1 and do not desire to share in the paternal estate1 he shall be separated1 something trifling being given to him4#agg ,a distribution by a father in smaller or larger shares1 if in accordance with the ,sastras1 is lawful4#agh #aag4 ,after decease of the parents1 let the sons make equal division of the property and of the debts4#agi ,and so the daughters1 of what is left of the mother's stridhana1 after paying her debts2 and1 if there be no daughters1 the sons or others of the family being heirs1 take it4 #aah4 ,what has been self-acquired by any one1 as an increment1 without diminishing the paternal estate1 likewise a gift from a friend or a marriage-gift1 does not belong to the coheirs4#ahj #aai4 ,if one have recovered ancestral property which had been purloined1 he has not to give it up to the coheirs2#aha nor shall a man share the earnings of science4#ahb #abj4 ,if however the common property be augmented1 equal division is enjoined4#ahc ,in making division among several grandsons1 regard should be had to the respective portions of their deceased fathers2 #aba4 inasmuch as the ownership of father and son is co-equal in the acquisitions of the grandfather1 whether land1 any settled income1 or moveables4 #abb4 ,if a son be born of a wife of equal cast1 after partition made1 he is to share2 or a share may be allotted him from the estate as it is1 after allowing for income and expenditure4#ahd #abc4 ,whatever property may be given by the parents to any child1 shall belong to that child4 ,if partition be made after the father's death1 the mother shall also have an equal share4#ahe #abd4 ,those of the brothers whose ritual ceremonies have not been accomplished1 shall have them completed by the others whose ritual is gone through3 so in like manner as to the ritual of sisters1 each of the brethren devoting a fourth part of his share4#ahf #abe4 ,the sons of a brahman1 shall receive1 according to their mother's cast1 four parts1 or three1 or two1 or one3 the sons of a kshattriya in like manner1 three1 or two1 or one3 and the sons of a vaisya1 two1 or one4#ahg #abf4 ,whatever1 after partition has taken place1 may be discovered to have been wrongly appropriated by one of the sharers1#ahh shall be equally divided among them all3 this is enjoined4 #abg4 ,a son begotten by one who is without male issue1 in obedience to precept1#ahi upon another man's wife1 becomes by law heir to both1 and presents the death-oblations of both4#aij #abh4 7,i7 ,an aurasa#aia son1 is one born of a dharma#aib wife2 equal with him is 7,,ii7 ,a daughter's son4#aic 7,,iii7 ,a wife's son1 is a son begotten by a relative#aid of the husband or by another duly authorised4 #abi 7iv7 ,a son of hidden birth1 is one brought forth in private1 in the husband's dwelling4#aie 7v7 ,a girl's son1 is one born of an unmarried girl2#aif he is considered the son of the maternal grandfather4 #acj 7vi7 ,a son of the twice-married1 is one born of a woman by a second marriage1 whether she be at the time of that marriage a maid or not4#aig 7vii7 ,a son by gift1 is one who is made a gift of1 either by his father or his mother4#aih #aca 7viii7 ,a son by purchase1 is one sold by his parents4#aii 7ix7 ,a son made1 is a son born of parents deceased1 selected by any one for himself4 7x7 ,a self-given son1 is one who has given himself as a son to another4#bjj 7xi7 ,a son with the bride1 is one of whom the mother is already pregnant by another than her husband when she marries4#bja #acb 7xii7 ,a deserted son1 is one adopted upon being forsaken by his own parents4#bjb ,the first in order that there may be1 of the sons above described1 shall present the oblation cake#bjc and take the inheritance4#bjd #acc4 ,such is the rule enjoined by me for sons where there is equality of cast4 ,even the son begotten by a ,sudra1 on a slave-woman1 shall have such share as the father may allot4#bje #acd4 ,but if there be no partition till after the father's death1 then the brothers born in marriage are to assign him half a share3 if there be no brothers nor daughters' sons1 he then takes the whole4 #ace1 #acf4 ,if a man depart this life without male issue2 7i7 his wife1 7ii7 his daughters1 7iii7 his parents1#bjf 7iv7 his brothers1#bjg 7v7 the sons of brothers1#bjh 7vi7 others of the same gotra1#bji 7vii7 kindred more remote1#baj 7viii7 a pupil1 7ix7 a fellow-student#baa--these succeed to the inheritance2 each class upon failure of the one preceding4 ,this rule applies to all the casts4 #acg4 ,the heirs of a hermit1 of a religious ascetic1 of a professed brahmachari1#bab are successively1 the preceptor1 the disciple1 and an associate dwelling in the same religious retreat4 #ach4 ,one reunited#bac shall take the portion of his deceased reunited co-sharer1 and shall give it up to a son1 if one be afterwards born4#bad ,this is always so with uterine brothers4 #aci4 ,a reunited half-brother shall take the property2 not a separated half-brother3 but a uterine brother whether reunited or not1 shall take2 this not being so with the half-brother4#bae #adj4 ,an impotent1 an outcast as well as his son1#baf a cripple1 a madman1 an idiot1 one blind1 one incurably diseased1 and such like1#bag are to be maintained1 but do not share in the inheritance4 #ada4 ,the aurasa sons of those disqualified persons1 also their wives' sons1#bah if themselves free from defect1#bai succeed to shares2 and their daughters#bbj are to be maintained until provided with husbands4 #adb4 ,so their childless wives shall be maintained1 if of good conduct2 but shall be cast off1 if of vicious habits1 or of an evil nature4#bba #adc4 ,what has been given to a woman by her father1 her mother1 her husband1 or her brother1 or received by her before the nuptial fire1 or on occasion of her husband's marriage with another wife1 and such like1#bbb is called stridhana4 #add4 ,gifts from her kindred1 from the bridegroom before marriage1 also subsequent gifts1 descend to her own kindred1 should she die without issue4 #ade4 ,the stridhana of a wife dying without issue1 who has been married in one of the four forms of marriage designated brahma c41#bbc belongs to the husband2 if she have issue1 then the stridhana goes to her daughters2 should she have been married in another form1#bbd then her stridhana goes to her parents4#bbe #adf4 ,whoso withholds his daughter1#bbf after having promised to give her in marriage1 shall be amerced1 and shall reimburse all expenses incurred with interest4 ,if she die after being affianced he i4 e4 the bridegroom shall receive back what he has given1 deduction being made for the expenditure on both sides4 #adg4 ,a husband need not return to his wife stridhana appropriated by him1 during a famine1 or in order to perform sacred rites1#bbg or when suffering from disease1#bbg or when in prison4#bbg #adh4 ,if he marry another wife1 he shall give to the one he has1 as a consideration for superseding her1 should she not already have received stridhana1 what is equivalent to his gifts on the second marriage3 but1 should she have already received stridhana1 then1 it is declared1 she is entitled to only half the amount4#bbh #adi4 ,if the fact of a partition be denied1 the matter shall be ascertained by reference to relatives1 near or remote1 witnesses1 and writings1 also by enquiry as to separate possession of messuage and land4#bbi #aej4 ,when there is a dispute as to boundaries1 the neighbours of the disputed land1 old men and the like1#bcj cowherds1 cultivators of the soil close to the disputed boundary1 and all whose business is in forests--#bca #aea4--these shall determine the boundaries1 as they are indicated by elevated ground1 by charcoal -remnants1#bcb by husks1#bcc by trees1 by a causeway1 by ant-hills1 by depressions of the soil1 by bones1 by memorials1#bcd and such like4#bce #aeb4 ,otherwise1#bcf four1 eight1 or ten neighbours of the same village1 wearing a red wreath and red garments1 and carrying earth1 shall settle the boundary4#bcg #aec4 ,and if any falsehood be uttered1 upon each one speaking falsely the monarch shall impose the medium fine4#bch ,in the absence of any persons having knowledge of the matter1 and of any indicatory signs1 the monarch shall mark the boundary4#bci #aed4 ,the same rule applies to fruit-gardens1 to out-houses1 to villages1#bdj to wells or tanks1 to pleasure-gardens1 and to dwellings1 as well as to watercourses caused by the rain4#bda #aee4 ,if the boundary be broken1 or be overstepped1#bdb if a field#bdc be taken away2 the lowest1 the highest and the medium fines shall be imposed4#bdd #aef4 ,constructing a useful dam1 if it occasion but slight damage to individuals1 is not to be prevented2 nor is a well#bde which takes from another's land1 if having an abundant supply of water and not of large extent4 #aeg4 ,if one construct a dam in a field1 without notice to the owner thereof1 the right to use it1 when complete1 shall belong to the owner of the field3 if the field be without owner1 then the user belongs to the monarch4 #aeh4 ,whoso fails to complete the cultivation of a field which he has partially ploughed1 shall be made to pay to the landowner the value of the expected crop4 ,he#bdf shall complete the cultivation by means of another4 #aei4 ,if a female buffalo spoil corn1#bdg her owner shall be fined eight mashas1#bdh if a cow1 the half of that sum2 if a goat or a sheep1 the half of the latter4 #afj4 ,if1 after having grazed1 they repose there1 the fine shall be double what is above specified4 ,the same rule applies to land kept for pasture4 ,an ass and a camel are in this respect the same as a female buffalo4 #afa4 ,there shall be an indemnity for the owner of the field equal in value to the corn destroyed4#bdi ,the herdsmen shall receive a beating1 but the cattle-owner be punished by fine1 as before mentioned4 #afb4 ,no guilt attaches#bej to the cattle-owner1 if the field#bea be close to the public road1 or to the village pasture lands1#beb and he do not intend the trespass2 if he do intend it1 then he incurs punishment as a thief4 #afc4 ,a bull1 cattle permitted to be at large1#bec a cow that has recently calved1 estrays1#bed and the like1#bee having no keeper or brought there by accident or by act of the monarch1 shall be let go free4#bef #afd4 ,the herdsman shall1 at the close of the day1 give back the cattle1 in the same manner#beg as they were delivered to him3 if he be in receipt of wages1 he shall replace such as have1 through his negligence1 died or been lost4#beh #afe4 ,if loss accrue by fault of the herdsman1 he shall be fined thirteen panas and a half1 and shall make good the loss to the owner4 #aff4 ,pasture-ground shall be allotted for cattle1 such as the villagers agree upon1 or in proportion to the whole area of land1 or as the monarch wills4 ,a twice-born man may1 in every place1 appropriate as his own1 grass1 fuel1 and flowers4#bei #afg4 ,there shall be a space of one hundred dhanus#bfj between a grama1#bfa and the surrounding fields1 of two hundred for a karvata1#bfa of four hundred for a nagara4#bfa #afh4 ,a man may seize any thing1 belonging to himself1 which another has sold4#bfb ,the purchaser incurs blame1 if he have bought secretly3 and1 if he bought from a low man1#bfc with secrecy1 for a small price1 and at an unusual hour1 he is to be accounted a thief4 #afi4 ,if one obtain property which he afterwards discovers to have been lost or stolen1 he should cause the taker#bfd of it to be secured3 should time or the place not permit of this being done1 he must himself restore the property to its owner4 #agj4 ,upon his producing the seller1 he the possessor1 is himself cleared3 the owner takes the property1 the monarch the fine1 and the defrauded purchaser the value from the seller4 #aga4 ,a claim to property as lost1#bfe is to be supported by proof of acquisition#bff or of user3 the claimant1 if he fail1 shall pay to the monarch one-fifth of the value of the property as a fine4 #agb4 ,whoever takes back from the hand of a stranger what has been stolen or lost from himself without informing the monarch1 shall pay a fine of ninety six panas4#bfg #agc4 ,when lost or stolen property has been recovered by customs officers or by the local police1 the owner may claim it until one year has elapsed2#bfh after that time it goes to the monarch4 #agd4 ,if it be a single-hoofed animal1 the owner shall pay four panas2 if a man1 five panas2 if a buffalo1 or a camel1 or a cow1 two panas2 if a goat or a sheep1 the fourth part of a pana4#bfi #age4bgj;,any property1 other than women and children1 may be given away1 if it be no detriment to the family--but not the whole property1 where there are children2 nor any portion which has been already promised to another4 #agf4 ,the acceptance of a gift should be public1 especially of immovable property4 ,whatever may be lawfully given and is contracted to be given1 shall not1 after gift1 be resumed4 #agg4 ,the time given for trial on purchase of seed1 is ten days2#bga of iron1 one day2 of beasts of burden1 five days2 of precious stones1 seven days2 of women1#bgb one month2 of milch-cows1 three days2 of men1#bgb half a month4 #agh4 ,by the action of fire1 gold is not lessened in quantity3 one hundred palas#bgc of silver thereby lose two palas2 of tin1 one hundred palas lose eight2 lead and copper1 out of one hundred palas1 lose five2 iron1 of one hundred palas1 loses ten4#bgd #agi4 ,one hundred palas of wool or cotton when worked#bge are increased by ten palas2 if the thread be of middling fineness1 the increase is five palas2 if very fine1 three palas4 #ahj4 ,in figured textures and in those made of hair1 the loss is estimated at one thirtieth part4 ,in a texture of silk or of the bark of trees1 there is neither loss nor increase4 #aha4 ,whenever loss has been sustained1 the artisan shall be imperatively required to pay what competent judges award1 after they shall have investigated circumstances1 of place1 of time1 of the mode of using the material1 and its quality of strength or lightness4#bgf #ahb4 ,one made a slave by compulsion1 and one sold#bgg into slavery by robbers1 are entitled to be set free2 so also is a slave who saves his master's life2 also one who having adopted servitude for a living1 abandons his claim to maintenance2 also one enslaved who pays off what is due from him4#bgh #ahc4 ,one who1 being a religious mendicant1 forsakes that condition1 shall be1 until death1 the monarch's slave4 ,slavery must be in the order of the casts1 not inversely4#bgi #ahd4 ,though an apprentice have attained a knowledge of his art1#bhj he shall nevertheless remain in his master's house for the stipulated time1 receiving from his master maintenance1 and giving up to him his earnings4#bha #ahe4 ,the monarch shall erect in the city a mansion and shall settle therein brahmans learned in the three ,vedas1 and endow them1 giving them injunction to discharge their duties4#bhb #ahf4 ,they shall diligently practise all observances stipulated for#bhc in the endowment which do not interfere with their personal duties1 also whatever other observances the monarch may enjoin4#bhd #ahg4 ,whoso appropriates what belongs to the community or violates his engagement with the community1 shall forfeit his property and be banished the realm4#bhe #ahh4 ,the word of those who are appointed to superintend the affairs#bhf of the community must be obeyed by all the members3 he who acts in violation thereof shall be amerced in the first i4 e4 lowest fine4#bhg #ahi4 ,those who have come from other parts upon the affairs of the community shall1 upon completion of the business1 be dismissed by the monarch1 with gifts1 with honour1 and with hospitable entertainment4 #aij4 ,an emissary upon the business of the community shall deliver up whatever he has received on their account3 if he fail to deliver voluntarily1 he shall be amerced eleven times the value of what he withholds4 #aia4 ,they who have direction of the affairs of the community should be such as know their duties1#bhh are pure minded1 and not covetous2 their word for the welfare of the community is to be followed4 #aib4 ,what has just been enjoined is obligatory in like manner upon communities of craftsmen1 of traders1 and of pashandas4#bhi ,the monarch should preserve their distinctive character1 and make them respectively adhere to their original callings4#bij #aic4 ,if one1 after receipt of wages1 abandon his work1 he shall pay double the amount2 if he desert when he has not received his wages1 he shall pay a sum equal to his wages4#bia ,the implements shall be in charge of the workman4#bib #aid4 ,the monarch shall oblige him who gets work done without having previously fixed the rate of hire1 to pay a tenth part1 whether earnings in trade or in care of cattle1 or in cultivation of corn4 #aie4 ,a master#bic may treat as he thinks right one who disregards time or place1 or so acts that he prevents profit being earned4#bid ,the more that is done1 the more shall be given4 #aif4 ,where work contracted for by two cannot be proceeded with by the two1#bie the one who has to abandon the work shall be paid according to what he has performed2 but1 if practicable1 the original contract should be carried out4#bif #aig4 ,if goods when in transport from place to place be lost1 the carrier shall pay their value2 except the loss be occasioned by the monarch or by act of ,god4 ,if he who has contracted to transport goods cause them not to start on the journey1 he shall be made to pay twice the amount of his hire3 #aih4 if he abandon his charge when at the outset of the journey1 he shall pay a sum equal to a seventh part of the hire2 if1 when he has proceeded to some distance1 a fourth part2 if when half-way1 the entire amount of hire4 ,the like rule is to be observed where the hirer breaks his contract4 #aii4 ,if a professed gambler win at play as much as one hundred panas1 he shall pay to the keeper of the house one-fifth3 others shall pay the keeper a tenth of their winnings4 #bjj4 ,the latter1#big in consideration of having royal protection1 shall pay the portion stipulated to the monarch1 shall make over all stakes won to the winner1 shall be true of speech1 and forbearing4 #bja4 ,the monarch shall enforce payment of winnings2 that is1 such as are made in a place kept by a licensed gaming-house-master paying the royal dues1 among known players1 meeting openly2 in other cases1 not4 #bjb4 ,they who manage suits arising out of the games1 also the witnesses1 are to be such persons as those last described4 ,if any one play with false dice or cheat1 the monarch shall have him branded and banished4 #bjc4 ,an overseer of the games should be appointed1 who may thus become familiar with the persons of reputed thieves4#bih ,the like rules apply to wagers at fighting games1 whether of men or brutes4#bii #bjd4 ,if any give abusive words to one deprived of a limb or an organ of sense1 or diseased1 whether the words be true or untrue1 or in the guise of ironical praise1--he shall be fined thirteen panas and a half4#cjj #bje4 ,the monarch shall compel one who uses such insulting language as1 ,i will go to thy sister or to thy mother1#cja to pay a fine of twenty-five panas4 #bjf4 ,half of this fine is to be imposed when the offensive words are to inferiors1 double if to the wives of other men or to superiors4 ,the fine shall be regulated according to the higher or lower cast of the parties4#cjb #bjg4 ,thus2 if the offence occurs1 where the parties are in the ascending line of cast1 the fine shall be double or treble as may be2 if in the descending line1 the fine shall be always lessened one half4#cjc #bjh4 ,if injury be threatened to a person's arm1 or neck or eyes or thigh1 the fine shall be one hundred panas2 if to the foot or nose or ear or hand1 and the like1#cjd half of that fine4 #bji4 ,if the threat be by one who has not the power to carry out his threat1 he shall be fined ten panas2 the threatener who has the power shall be1 in addition1 compelled to give surety for the safety of the person threatened4 #baj4 ,for abuse by imputation of a crime which would entail loss of cast1 the middle fine shall be exacted2 if of a lesser crime1 the lowest fine4 #baa4 ,if the abuse be directed against one conversant with the three ,vedas1 against the monarch1 or against the gods1 the highest fine is incurred2 if against a whole cast or a community1 the middle fine2 if against a village or the realm1 the lowest fine4 #bab4 ,if a person be beaten without witnesses1 the case shall be tried by marks1 probabilities and public report2 not however without some suspicion that the marks may have been falsely contrived4 #bac4 ,for defiling by touching with ashes1 mud1 or dust1 a fine is fixed of ten panas2 for defiling by touching with impurities1#cje scil4 of the heel or of the saliva1 double that fine3 #bad4 that is1 if the parties be on an equality4 ,if the offence be against other men's wives1 or against superiors1 then the penalty is double2 if against inferiors1 the half4 ,should the aggressors be insane or intoxicated or the like1 there shall not be punishment4 #bae4 ,should a limb of one not a brahman occasion pain to a brahman1 it shall be cut off4 ,if a weapon be raised against one of inferior cast1#cjf the lowest fine is to be paid2 if the weapon be merely handled1 then the fine shall be half4#cjg #baf4 ,but should a hand or a foot be raised1 the fine shall be respectively ten and twenty panas4 ,people1 however1 of any cast1 who lift weapons against their cast-fellows shall pay the middle fine4 #bag4 ,for pulling a person by the foot1 by the hair1 by the clothing1 or by the hand1 the fine is ten panas3 for inflicting pain by dragging about or by violent handling of the clothes1 and for putting the foot upon a person1 the fine is a hundred panas4 #bah4 ,he who beats with a stick or the like1 short of effusion of blood1 shall pay a fine of thirty-two panas2 if blood appear1 the fine is double#cjh #bai4 ,for damaging a hand1 a foot1 or a tooth1 and for cutting the ears or the nose1 there is the middle fine3 the same for rending open a wound1 or for beating a person till he be as one lifeless4 #bbj4 ,for beating one so that he cannot stir1 or so that he cannot eat1 or so that he cannot speak1 for destroying an eye and the like1#cji for breaking a neck1 an arm1 or a thigh1 there shall be the middle fine4#caj #bba4 ,if several unite in beating one person1 the fine shall be double#caa that prescribed2 whatever property be taken away in the struggle shall be restored1 and1 in addition1 the double fine imposed4 #bbb4 ,whoever causes pain to another by any such means shall be made to pay the expense of the cure1 as well as the regulated fine for the fray4#cab #bbc4 ,he who batters1 rends1 breaks or pulls down a wall1 shall be made to pay a fine of five1 ten or twenty panas besides the value4 #bbd4 ,he who casts into a dwelling house any thing hurtful or destructive of life1 shall be made to pay1 for the first a fine of sixteen panas1 for the second the middle fine4 #bbe4 ,for injury to the smaller sort of cattle1 or for shedding their blood1 for lopping one of their horns or the like#cac or one of their limbs1 one shall pay a fine of two and a half panas and upwards4 #bbf4 ,for cutting off the male privy member of such cattle1 or slaying one1 the middle fine1 as well as the value of the animal1 shall be paid4 ,for the larger cattle in such cases the fine is double4#cad #bbg4 ,for cutting down branches1 or the trunk1 or the entire tree1#cae of such as re-produce after mutilation1 also for similar injuries to trees which supply food1#caf the fine shall be doubled progressively up from twenty panas3#cag #bbh4 should the trees be growing where there are memorial erections1 or in places for disposal of the dead1 or on boundary lines1 or in holy places1 or in a temple1 a double fine shall be levied2 so1 for any famous tree4#cah #bbi4 ,for cutting brushwood1 grasses1 shrubs1 climbing plants1 ground-spreading creepers1 annuals1 and herbs1 at the places above mentioned1 half of the fine is ordained4 #bcj4 ,forcibly taking away any thing1 though it be public property1 is sahasa2#cai the fine for it is double the value of the property4 ,if the crime be1 on denial1 proved1 then1 four times the value4 #bca4 ,he who instigates the commission of sahasa1 shall pay a double fine1 and four-fold if he instigate by promise of reward4 #bcb4 ,he who rails at a venerable person1#cbj or who disobeys such an one1 he who maltreats his brother's wife1#cba he who fails to give that which he has promised1 he who forces a dwelling-house with a seal upon it1#cbb #bcc4 he who does harm to his neighbour1 or to his kindred1 and such like#cbc--;each of these shall be fined fifty panas4 ,so is it enjoined4 #bcd4 ,he who1 on the impulse of his own will merely1 goes to a widow1#cbd he who1 when there is a cry for help1 does not haste to render it1 he who reviles without cause1 a chandala#cbe who touches one of higher cast1 #bce4 he who1 when making an oblation to the gods or to ancestors1 feeds ,sudras1 or pravrajikas1#cbf he who swears an improper oath1 or who does what he has no title to do1#cbg #bcf4 he who emasculates a bull or smaller animal1 who embezzles common property1 who destroys the embryo of a female slave1 #bcg4 and1 among fathers and sons1 sisters and brothers1 husbands and wives1 teachers and disciples1 if either desert the other1 he or she not being an outcast--in these several instances1 the fine is a hundred panas4#cbh #bch4 ,a washerman who wears another's dress shall be fined three panas2 if he sell1 let out1 pledge1 or1 when importuned give it away1#cbi ten panas4 #bci4 ,if1 when father and son quarrel1 one volunteer to be a witness1#ccj the fine is three panas2 but1 if on such an occasion one offer himself as surety1#cca he shall be fined eight-fold4 #bdj4 ,whoever falsifies scales1 or a royal order1 or a measure1#ccb or a coin1#ccc likewise whoever knowingly uses them so falsified1 shall be made to pay the highest fine4#ccd #bda4 ,a tryer of coin who pronounces a false one to be genuine or a genuine one to be false1 shall be made to pay the highest fine4 #bdb4 ,one who falsely sets himself up as a physician1#cce shall1 for his malpractice1 if brutes be concerned1 pay the first fine--if mankind1 the middle fine--but1 if royal officers1 the highest fine4 #bdc4 ,whoso imprisons one not deserving of imprisonment1#ccf or releases one found worthy of imprisonment or pending his trial1#ccg shall pay the highest fine4 #bdd4 ,he who1 in measurement1 or use of the scales1 defrauds to the extent of an eighth1 shall be made to pay a fine of two hundred panas1 and thus proportionably for a more or less quantity4 #bde4 ,he who adulterates#cch medicine1 or oily commodities1 or salt1 or perfumes1 or corn1 or sugar1 or other saleable articles1 shall be fined sixteen panas4 #bdf4 ,for making one sort of article to appear to be of another sort1 whether it be earthen goods1 or skins1 or precious stones1 or threads1 or corn1 or wood1 or bark of trees1 or clothes1 a fine is ordained of eight-fold the purchase money4 #bdg4 ,for him who changes a covered basket1#cci or who gives in pledge or sells counterfeit drugs in a wrapper1#cdj the fines prescribed are1 #bdh4 where the value is below a pana fifty panas1 where it amounts to a pana one hundred panas1 where to two panas two hundred panas3 with increase of value the fine increases4 #bdi4 ,the highest fine is imposed on those who1 although aware of the rise or fall in prices1 combine1 to the prejudice of labourers and artists1 to create a price of their own4 #bej4 ,for traders who combine1 by arbitrarily fixing an improper price1 to impede the traffic in any commodity1 or to make an injurious sale of it1#cda the highest fine is ordained4 #bea4 ,the price in transactions of sale and purchase1 daily1 is regulated by the monarch2#cdb the difference#cdc is declared to be the traders' profit4 #beb4 ,on goods of his own country let a trader clear a profit of five per cent41 and ten per cent4 on those of another country2 provided he make prompt sale of his purchase4 #bec4 ,the monarch is to determine the price1 in unison with the wishes of both purchaser and seller2 first adding to the cost of the article the expense of bringing it to the market4#cdd #bed4 ,he who1 having received the price of any commodity1 fails to deliver it to the buyer1 shall be compelled to deliver the article1 together with damages for the detention2 and should the buyer be from foreign parts1 then1 the foreign profit shall be added4 #bee4 ,there may be a re-sale of goods sold1 if the original buyer will not receive them4 ,if loss arise from misconduct of the buyer1 he shall bear it4 #bef4 ,whatever damage may befal goods by act of the monarch1 or by accident1 shall be the loss of the seller1#cde where he has failed to make delivery on demand4 #beg4 ,if a person re-sell that which has been sold to another1 or sell1 as sound1 a damaged article2 in either case the fine shall be double the value of the article sold4 #beh4 ,a trader who makes a purchase in ignorance of the rise and fall of prices1 must not recede from his bargain2 if he do1 he shall be fined a sixth of the price4 #bei4 ,traders who carry on business jointly1 for profit1 shall share the profits and losses1 either in proportion to the capital brought in by each1 or according to the contract between them4#cdf #bfj4 ,a joint trader who occasions loss to the partnership by engaging in something which his partner has either prohibited or not sanctioned1 or by any negligence1 shall make it good3 if on the other hand by his personal exertion he preserve anything of the partnership property from loss1 he shall have the tenth of it4#cdg #bfa4 ,the monarch1 for fixing the prices1 should receive a duty of a twentieth4#cdh ,if an article of which the sale is prohibited1 or one fitting for the monarch#cdi to possess1 be sold without the royal license1 it shall be forfeited to the ,crown4#cej #bfb4 ,whoever declares false weight1 or avoids the place where custom is levied1 shall be made to pay eight-fold2 so he who fraudulently buys or sells4#cea #bfc4 ,a ferryman levying toll as though for land-duties1 shall be made to pay a fine of ten panas4#ceb ,the same fine is ordained for omission to send invitations to brahmans of the neighbourhood4#cec #bfd4 ,on the death of one departed to a foreign country1 his male offspring1 his maternal kindred1 or those more remotely related1 shall take the property3 in their default1 the monarch succeeds4 #bfe4 ,let the partners of a man who acts dishonestly exclude him from any share of the profits4 ,let him who is disabled to act personally in the partnership business act by the agency of another4 ,thus too it is enjoined for associations of priests#ced farmers1 and craftsmen4 #bff4 ,capture of a thief by the officer is warranted by his possession of the property stolen1 or by traces of him1 also by his having been an offender previously1 or his being an inmate of a house of ill repute4 #bfg4 ,and others there are who may be arrested on suspicion1 viz41 such as conceal their caste1 name1 c41 also those addicted to gambling1 to women1 and to drinking1 and such as have betrayed themselves by a parched mouth in speaking1 or a stammering voice2 #bfh4 those1 moreover1 who are inquisitive about others' goods and houses1 or who put on a disguise1 or who expend lavishly although they have no ostensible income1 or who sell things that have been in use4 #bfi4 ,if one arrested on suspicion of theft do not clear himself1 he is to be punished as a thief1 being first compelled to make good the property stolen4 #bgj4 ,the monarch should compel the thief to make restitution of the stolen articles1 and subject him to such of the different corporeal inflictions as may be proper3 a brahman who is a thief he shall brand and banish the realm4 #bga4 ,when a murder or theft has occurred1 and the criminal is not traced beyond the village1 blame falls on the village governor2 if he be traced to the public road1 blame falls on the governor of the district2 if traced out of the district1 the officer charged with pursuit of criminals shall be to blame4 #bgb4 ,the village within whose boundary the crime is perpetrated shall pay2 or that village shall pay to which track of the criminal leads2 so1 if the track lead to a place within a krosh#cee skirting five villages all shall pay2 so of ten villages4 #bgc4 ,house-breakers1#cef they who steal horses or elephants1 murderers by open violence--such shall be impaled4 #bgd4 ,he who purloins apparel1 c4#ceg shall have a hand cut off2 cut-purses1#ceh shall have the thumb and fore-finger cut off2 for a second offence1 a hand and a foot shall be cut off4 #bge4 ,for theft of goods of trifling1 of medium1 and of the highest value1#cei the penalty to be inflicted is proportioned to the value of what is stolen4 ,in its determination1 place1 time1 age1 and ability1 are to be considered4#cfj #bgf4 ,one who knowingly supplies a thief or a murderer with food1 shelter1 fire1 water1 counsel1 implements1 or money1 incurs the highest fine4#cfa #bgg4 ,for wounding with weapons1 and for causing abortion1 the highest fine is ordained2 the highest or the lowest for killing a man or a woman4 #bgh4 ,a woman incorrigibly wicked1 one who has slain a man1 one who has destroyed dams1#cfb shall1 unless she be in a state of pregnancy1 be thrown into deep water with a heavy stone tied to her4 #bgi4 ,a woman who is a poisoner1 or an incendiary1 one who has slain her husband1 her guru1 or her child1 shall be put to death by bulls1 her ears1 hands1 nose1 and lips being cut off4#cfc #bhj4 ,if a man be slain1 and it be not known who did the deed1 his sons1 kindred1 wives1 also women who are in habits of illicit intercourse1 are to be separately and without delay questioned1--as to1 whether any quarrel has occurred1 #bha4 whether the deceased was addicted to women1 or fond of what is costly1 or seeking gain1#cfd also with whom he had gone--or1 the people in the neighbourhood of the place where the murder occurred shall be examined1 by gentle means4 #bhb4 ,incendiaries of fields1 houses1 forests1 villages1 pasture-grounds or granaries1 also one who has intercourse with the wife of the king1 are to be burned in a straw-fire4 #bhc4 ,a man is to be apprehended for adultery1 if found with another man's wife in mutual grasping of hair or with recent love-marks1 or when both admit their fault1 #bhd4 or if the man be found toying with her girdle1 with her breasts1 her upper garment1 her thigh1 or her hair1 or conversing with her at an unfitting place or hour1 or on the same spot with her4#cfe #bhe4 ,the wife1 if so acting after express prohibition1 shall pay one hundred panas fine2 the man1 two hundred panas3 if both have been expressly prohibited so demeaning themselves1 their punishment shall be the same as for adultery4#cff #bhf4 ,for adultery with a woman of equal cast1 a man incurs the highest fine2 with a woman of lower cast1 the middle fine2 with a woman of higher cast1 the penalty is death1#cfg and the woman is to have her ears1 c4#cfh cut off4 #bhg4 ,if one make off with a virgin decked out for the bridal1 he shall pay the highest fine2 if she be not so circumstanced1 then the lowest fine4 ,thus it is1 if the virgin be of equal cast3 if she be of higher cast1 the penalty of death is ordained4 #bhh4 ,in the case of a virgin consenting and of inferior cast1 no offence is committed2 otherwise1 there is a fine4#cfi ,for ravishing her1 the man's hand shall be cut off3 if the virgin be of the highest cast1 the penalty is death4 #bhi4 ,whoso speaks disparagingly of a woman shall forfeit one hundred panas2 but1 two hundred1 one who brings a false charge against a woman4 ,whoso has carnal knowledge of a brute animal shall forfeit one hundred panas2 if of a lowest cast woman#cgj or of a cow1 the middle fine4 #bij4 ,if a man#cga have carnal intercourse with female slaves or servants1 or even with common women1 such slaves1 c4 being kept by those to whom they belong secluded1#cgb he shall pay a fine of fifty panas4 #bia4 ,for forcing a female slave1#cgc it is written1 there shall be a fine of ten panas2 if many men so attack one slave1 each one shall pay twenty-four panas4 #bib4 ,a public woman who refuses after taking her hire1 shall forfeit twice the amount2 so1 if the man decline after contracting1 yet he shall pay4 #bic4 ,whoso knows a woman unnaturally1 or voids his water upon a man1 also one who has carnal knowledge of a female mendicant1 shall be fined twenty-four panas4 #bid4 ,the monarch shall banish him who goes to a woman of the lowest grade1 having branded him with dishonoring emblems3 if a ,sudra so act1 he shall be classed among the lowest4 ,death shall be to the man of lowest grade who goes to a respectable woman4 #bie4 ,whoso fabricates a royal grant1#cgd be it for much or little1 or sets free one who has kidnapped a woman1 shall pay the highest fine4 #bif4 ,one who brings dishonor to a brahman by giving as food what is unfit to be eaten1 is amenable to the highest fine2 if to a kshattriya1 the medium fine2 if to a vaisya1 the lowest fine2 if to ,sudra1 half the lowest4 #big4 ,if one trade with counterfeit gold1 or sell tainted meat2 three of his members#cge shall be amputated1 and he shall pay the highest fine4 #bih4 ,damage caused by four-footed animals shall not be borne by their owner1 if he have given warning to clear the way3 so1 with regard to wood1 earth1 arrows1 stones1 a man's arm1 or any yoked animals4 #bii4 ,if death be caused by a vehicle through the breaking of the animal's nose-bridle1 or through breaking of the yoke1 or the like1 or from its running backwards1 the owner is to be held blameless4#cgf #cjj4 ,if the owner of biting or horned animals do not1 although able1 rescue a person attacked1 he shall pay the lowest fine3 but1 if there was a cry for help1 then1 double that fine4 #cja4 ,he who calls an adulterer1 'thief1' shall be made to pay a fine of five hundred panas3 whoever releases such an one1 being bribed thereto1#cgg shall be made to pay eight-fold the amount of the bribe4#cgh #cjb4 ,whoso speaks what is offensive to the monarch1 or reproaches the monarch1 or divulges the monarch's counsel1 shall have his tongue excised and be banished4 #cjc4 ,whoso makes sale of garments used to wrap the dead1 or strikes his guru1 or seats himself on the vehicle or on the seat of the monarch1 shall pay the highest fine4 #cjd4 ,whoso beats out both a person's eyes1 a bearer of odious tidings to the monarch1 also a ,sudra holding himself out as a brahman1--each of these shall be fined eight hundred panas4 #cje4 ,such law suits as have been decided unrighteously shall be re-investigated by the monarch3 in case of reversal of the judgment the judges and the winning party shall be amerced in double the amount of the fine decreed in the suit4 #cjf4 ,should one defeated on the contest of his suit represent as though he were not defeated1 he shall1 when he comes again to urge his suit1 besides being re-defeated1 be fined double4 #cjg4 ,should the monarch have inflicted any fine unjustly1 he shall himself1 after making invocation to ,varuna1#cgi present thirty times the amount of the fine to brahmans4 ,,footnotes3 ,footnote #dc3 ,various terms are used by our author to denote the head of the ,state 7e4g4 ,raja1 ,protector of men1 ,lord of men1 c47 to suit the metre or fancifully4 ,in translation we have thought it better to be uniform4 ,footnote #dd3 ,what is understood by science is explained in the first book sl4 #c4 ,footnote #de3 ,manu1 ch4 #h1 sl4 #i4 ,footnote #df3 ,the original is1 smriti adi 7the second word being equivalent to c471 which the ,commentator explains1 as translated1 law and usage1 or custom4 ,footnote #dg3 ,the c4 signifies1 description of chattels1 with their number1 also particulars of place and time4 7,m47 ,footnote #dh3 ,the ,commentator has enabled us to supply the ellipsis1 but he does not fully explain the author's meaning4 ,it would seem1 that in those primitive times1 it was considered harsh or inexpedient to harass a defendant1 or accused person with two legal proceedings1 of any sort1 at the same time4 ,the sentence will1 however1 bear the sense1 that no stranger or intervener shall be permitted to come in and interrupt the progress of a pending suit4 ,footnote #di3 ,the ,commentator1 observing that this prohibition would seem to be implied in the terms of the sixth sloka1 explains 7on the authority of ,narada7 that the latter refers only to the general object of the suit1 e4g41 that if his verbal complaint be of a loan of money1 his recorded complaint shall not be of a loan of apparel--but that this clause1 in the ninth sloka1 ensures further uniformity in the description of the grievance and character of the suit1 e4g41 where one has originally complained of retention of #ajj pieces of money lent1 he shall not vary his complaint to a forcible taking of #ajj pieces4 ,footnote #ej3 ,these are expressed by one word1 kalaha3 but the ,commentator notes its comprehensive character1 as we have translated it4 ,see the analogous passage in ,manu1 ch4 #h1 sl4 #f1 where an equally ambiguous word parushya is similarly explained in the text itself4 ,the term rendered slander by ,sir ,wm4 ,jones is simply1 reviling or verbal abuse4 ,footnote #ea3 sahasa1 explained by the ,commentator1 assault by means of poison1 or any instrument destructive of life4 ,the word has another and more particular signification1 as infra sl4 #bcj4 ,footnote #eb3 ,manu 7ch4 #h1 sl4 #ei7 inflicts a fine of double the debt upon the mendacious debtor4 ,footnote #ec3 parushya1 explained by the ,commentator kalaha3 see note #ej4 ,footnote #ed3 ,we have followed the ,commentator in rendering these terms1 which are very general and indefinite4 ,footnote #ee3 i4 e4 restlessly before the ,court4 ,footnote #ef3 ,manu ch4 #h1 sl4 #be1 #bf4 ,footnote #eg3 ibid1 sl4 #ee1 #ef4 ,footnote #eh3 ,literally put down1 i4 e4 taken for granted1 all question of it disposed of4 ,see next note4 ,footnote #ei3 ,this sloka is by no means unambiguous3 but it is satisfactorily explained by the ,commentator1 who says3 ,what course is to be adopted where two parties simultaneously present themselves to the ,court and tender proofs8 e4g4 ,a man acquired a field by gift1 and1 having for some time possessed it1 departed with his family to another country3 then1 another person obtained a gift of the same field1 and1 having possessed it awhile1 was likewise obliged to go to another country4 ,both parties return at the same time1 claim the same field1 and resort to a ,court of law4 ,then arises the question1--whose proofs shall be taken8 ,yajnavalkya says 7ut supra sl4 #ag72 that is to say1 where one sets up an older title1 saying--,i was possessed of this field at such a date--his witnesses are the first to be examined2 but should the other party urge--,true1 the field was acquired and enjoyed by him at the first1 but the king bought it of him and granted it to me--or--,another got the field and gave it to me2 in that case1 as the proofs of him who has the older title are of no consequence1 and thus he is disposed of1 the witnesses of the other claimant are to be examined4 ,it is incorrect to read the sloka as asserting that1 where there is a denial of a claim the witnesses of the plaintiff shall be examined1 and where a former judgment or something as a ground of defence is set up1 in either of which cases the original claim is met1 then the witnesses of the defendant shall be heard2 inasmuch as all this is included in the rule1--7here the ,commentator quotes the #gth sloka of the text74 ,this view is clearly supported by ,narada1 viz4 ,on a denial1 proof is upon the plaintiff2 where some ground of defence is stated1 upon the defendant2 upon an allegation of prior decree1 the decree shall be the proof4--,after this ,narada proceeds3--,when there are two claimants1 if there be witnesses1 the witnesses of the prior claimant shall be first examined--,so we perceive1 this description of law-suit is distinguished from all others4 ,these quotations favor the supposition1 that the science of special-pleading is not of ,european origin1 and is traceable to a remote antiquity4 ,footnote #fj3 ,supra sl4 #aa4 ,footnote #fa3 e4g4 that the defendant has got possession of gold and silver and apparel1 c4 7,m47 ,footnote #fb3 ,supra1 sl4 #f4 ,the ,commentator excludes from the operation of the harsh rule in this #bjth sloka1 an heir1 who is supposed to deny his ancestor's debt or liability through ignorance2 but he attempts to justify the rule itself by experience of human conduct4 ,footnote #fc3 ,this ,sastra teaches a system or science of ethics such as moralists now-a-days designate as ,machiavellian or jesuitical2 in which right or wrong have a relative but little intrinsic meaning4 ,the ,artha ,sastra is to be found in the writings of ,usanas1 of ,brihaspati and others4 ,footnote #fd3 ,a special-pleading signification is given to this dogma by the ,commentator3 viz4 ,in questions of debt1 c41 though the prior act have been proved1 yet a second act may be more important2 e4g4 if one prove that another by borrowing has incurred debt1 and the other prove that the money borrowed has been repaid4 7,m47 ,footnote #fe3 ,the word in the original is1 acceptance3 but this is evidently used as the concluding act of the transaction referred to1 scil4 gift4 ,footnote #ff3 e4g4 if one1 for a consideration1 pledge a field to another1 and then pledge the same field to some one else1 also for a consideration--the first act is the valid one4 7,m47 ,footnote #fg3 ,sir ,wm4 ,jones and other learned persons would seem to have restricted the term here used 7pashyati7 to personal knowledge by sight2 but it comprehends every mode of personal and actual observation or discovery4 ,footnote #fh3 who has no legal connection with it4 7,m47 ,footnote #fi3 ,the ,commentator quotes ,narada1 scil4 ,the guilty one who holds possession without title1 for even many hundred years1 should be punished by the monarch as a thief--and he endeavours to reconcile with this the law of ,yajnavalkya1 by confining the latter to the fruits or profits of the land withheld4 ,but this construction cannot be admitted4 ,there is a curious document germane to the subject of this sloka copied in the official notes of ,sir ,robert ,chambers 7,chief ,justice of the ,calcutta ,supreme ,court7 in ,july #agia4 ,it is a letter from ,sir ,william ,jones to the ,governor of ,bombay upon the ,hindu title by adverse possession or prescription4 ,sir ,william writes1 that the doctrine of the ,mitakshara is2 ,an absolute property may be acquired in land by continued and undisputed possession for twenty years1 in the presence of the owner1 provided that the possessor came in by a fair title1 either by descent or purchase2 if he had no fair title1 the intermediate profits only are irrecoverable1 but the property is not lost4 ,and he concludes2 ,i only add for your further satisfaction1 that1 if three descents have happened since the first possession1 without a fair title1 property is lost1 even though the owner was absent2 but if three descents have not been cast1 an adverse possession for a hundred years gives an absolute property in the land to the possessor1 unless the owner was under some legal disability4 ,these may have been the modifications of a later age3 they are not to be found in ,manu or in ,yajnavalkya4 ,manu ch4 #h1 sl4 #adg1 c4 ,footnote #gj3 any thing delivered for safe-keeping1 its quality and quantity being made known4 7,m47 ,footnote #ga3 explained infra1 sloka #fe4 ,footnote #gb3 ,the word literally or usually means takes away2 and the ,commentator explains--where a pledgee retains and refuses to give back the pledge1 relying upon his long possession4 ,the c4 refers to the other exceptions in sloka #be4 ,footnote #gc3 ,the ,commentator considers the force and intent of this qualification to be1 to make the fine commensurate with the usurper's means1 with a view rather of enhancing it to the wealthy than of moderating it to the poor1 who are perhaps less likely to offend in this wise4 ,footnote #gd3 gift1 sale1 c4 7,m47 ,footnote #ge3 as proof of ownership1 7,m47 ,manu1 ch4 #h1 sl4 #bjj4 ,footnote #gf3 for three generations4 7,m47 ,footnote #gg3 ,possession is proof when attended with five incidents2 a title1 length of time1 continuance1 absence of counter-claim1 knowledge of the adverse party4 7,m47 ,footnote #gh3 ,this qualification is the ,commentator's4 ,footnote #gi3 ,between this and the succeeding sloka another is introduced in the text of the ,calcutta edition2 viz4 ,possession accompanied by a clear title is proof2 possession unaccompanied by a clear title is no proof4--,we have omitted this1 because the ,commentator quotes it as a saying of ,narada1 and because it is not found 7as vouched by professor ,stenzler7 in either of the ,m4,s4,s4 in the ,berlin ,royal ,library4 ,footnote #hj3 scil4 as directed in sloka #b4 ,footnote #ha3 ,by a community 7puga7 is meant1 the body of inhabitants of any village or place1 without reference to cast or occupation4 7,m47 ,footnote #hb3 ,a guild 7sreni7 signifies those of one calling1 whether of the same cast or not4 7,m47 ,footnote #hc3 ,literally before1 before1 which implies their successive rank and importance1 i4 e4 that an appeal lies from the family to the guild1 and so on4 ,footnote #hd3 ,literally outside4 ,the ,commentator explains it--outside of the town1 c4 ,footnote #he3 artta out of health2 evidently meaning here1 the victim of disease so as to be unfit for the business of life4 ,footnote #hf3 ,the word 7vyasani7 may also be rendered1 suffering calamity2 and the ,commentator explains the use made of it in the text to be1 a person who is unhappy either by reason of the absence of the object of his desire or by reason of the presence of what is disagreeable to him4 ,we have however preferred the alternative meaning which the word admits of4 ,footnote #hg3 c41 i4 e4 paralysed by any cause or emotion whatever4 ,see ,manu1 ch4 #h1 sl4 #afc4 ,footnote #hh3 by public officers and delivered to the king4 7,m47 ,footnote #hi3 ,the ,commentator considers the treasure-trove here alluded to1 to be buried wealth1 of which there is no claimant4 ,footnote #ij3 ,manu1 ch4 #h1 sl4 #cg1 #ch4 ,footnote #ia3 ,the ,commentator explains--of the whole world6 ,footnote #ib3 i4 e4 by any other than the monarch or a learned brahman4 7,m47 ,footnote #ic3 ,the ,commentator 7referring to ,vasishtha and ,gautama7 reads this1--the finder shall take a sixth1 the monarch the residue--such being the converse of the plain language used4 ,footnote #id3 ,manu ch4 #h1 sl4 #dj3 in which1 to the monarch who fails to make restitution is imputed the guilt of the thief4 ,sir ,wm4 ,jones' translation of this passage is too indefinite4 ,footnote #ie3 i4 e4 ,the brahman borrower gives two hundredths1 the kshattriya three hundredths1 c4 7,m47 ,but ,jagannat'ha1 in his ,digest 7,colebrooke1 ,b4 #a1 c4 #a1 s4 #bh7 interprets the text inversely1 viz4 the brahman creditor takes two suvarnas in a hundred1 the kshattriya three1 and so on4 ,manu1 ch4 #h1 sl4 #adj-adb4 ,footnote #if3 where there is risk of life or property4 7,m47 ,footnote #ig3 as well brahmans as others1 7,m47 ,manu ch4 #h1 sl4 #aeg4 ,footnote #ih3 scil4 ,notwithstanding the above provisions of the law1 where nothing is expressly stipulated1 whatever interest is contracted for must be given and taken4 ,footnote #ii3 oil1 ghee1 c4 7,m47 ,footnote #ajj3 ,manu enumerates five modes of enforcing or recovering a debt2 persuasion1 law-suits1 artifice1 worrying1 force3 ch4 #h1 sl4 #di4 ,footnote #aja3 as a fine4 7,m47 ,footnote #ajb3 to defray the cost of adjudication4 7,m47 ,footnote #ajc3 ,this includes one of equal cast 7,m47 ,manu ch4 #h1 sl4 #agg2 also ch4 #i1 sl4 #bbi4 ,footnote #ajd3 in conformity with the usages of his class4 7,m47 ,footnote #aje3 ,this includes every debtor of superior cast to the creditor4 7,m47 ,footnote #ajf3 ,this rule of course 7as observed by the ,commentator7 includes the head or manager of the family himself1 if alive4 ,manu1 ch4 #h1 sl4 #aff4 ,footnote #ajg3 for drinking4 7,m47 ,footnote #ajh3 e4g4 what is promised to a flatterer1 a mountebank1 a panegyrist1 a prize-fighter1 c4 7,m47 ,manu ch4 #h1 sl4 #aei4 ,footnote #aji3 ,the ,commentator explains this to mean1 an acknowledgment by the husband on his death-bed or when about to go abroad4 ,footnote #aaj3 ,colebrooke's translation of this passage adds or son1 but this is unauthorised either by the text or the ,commentary4 ,footnote #aaa3 ,the ,commentator adduces in illustration1 his being afflicted with incurable disease4 ,footnote #aab3 and this1 notwithstanding they are wholly without patrimony or estate derived from their father4 7,m47 ,footnote #aac3 that there is such a debt4 ,footnote #aad3 capable of inheriting and managing4 7,m47 ,footnote #aae3 i4 e4 marries4 ,footnote #aaf3 ,this is the reading sanctioned by the ,commentator1 viz4 putro' nanya'sritadravyah1 signifying1 that1 on failure of those before designated1 a son who would be otherwise incapable1 by reason of blindness1 c4 is to be deemed capable4 ,another reading may be1 as suggested by the ,commentator1 putro nu'aya'sritadraoyah1 not the son whose paternal estate another holds1 which is adopted by ,colebrooke1 and by his author1 ,jagannat'ha1 7,dig4 ,b4 #a1 ch4 #e1 s4 #aga7 ,footnote #aag3 e4g4 ,give such a one money1 he will not deceive you2 he is the son of such a one4 7,m47 ,footnote #aah3 ,if he do not pay1 ,i will4 7,m47 ,footnote #aai3 ,manu ch4 #h1 sl4 #afj-afb4 ,footnote #abj3 metaphorically in the original ,if all stand under the same shade3 ,the ,commentator explains4 ,footnote #aba3 lit4 publicly4 ,footnote #abb3 as of a field1 garden1 c4 7,m47 ,manu1 ch4 #h1 sl4 #adc4 ,footnote #abc3 fire1 water1 c4 7,m47 ,footnote #abd3 ,the ,commentator excludes from this exception a culpable act of the monarch1 but the text is general4 ,footnote #abe3 ,even though there be a written memorial of the pledge1 and attested2 yet1 without actual acceptance and possession1 it is incomplete4 7,m47 ,footnote #abf3 charitrabandhakam4 charitra 7the mode or the subject of pledge7 is defined by the ,commentator to be either1 moral worth1 or1 the merit earned by performance of religious rites1 such as ablution in the ,ganges1 c4 ,we have rendered it as the mode1 not subject1 of pledge4 ,see ,jagannat'ha's ,digest 7,colebrooke71 ,bk4 #a1 ch4 #c1 sec4 #b1 text cxxiv4 ,footnote #abg3 ,receiving on one's plighted word 7satyankara7 signifies1 borrowing on a solemn promise to repay4 ,the application is1--where1 at the time of handing over the pledge1 it was expressly declared by the debtor1 that the loan should be repaid1 even if increased to two-fold the original sum1 and the pledge not abandoned2 in such case also1 the debtor should be made to repay twice the amount of the debt contracted47,m47 ,the ,commentator adds another meaning or application of the latter words of this sloka1 in which1 reciting the first part1 viz41 pledging upon the guarantee of character1 or1 a pledge of religious merit1 he goes on to say--,it is here laid down1 that one who receives on his word1 scil4 words ratifying a bargain of sale and purchase1 c41 for instance1 receiving a gold ring1 c41 as earnest1 shall be made to repay twice the value of the thing so given1 on breach of the contract3 if the party depositing the ring1 c41 break off the bargain1 he forfeits what he gave as earnest2 if the other party break off1 he is to be compelled to refund double the value of the earnest received by him4 ,footnote #abh3 punishable as a thief4 7,m47 ,footnote #abi3 to one of the family who is a fit person4 7,m47 ,footnote #acj3 ,the ,commentator implies1 that where the usufruct has done more than this1 still the transaction is closed by return of the pledge4 ,footnote #aca3 ,manu1 ch4 #h1 sl4 #ahj4 ,footnote #acb3ij ibid1 sl4 #ahi4 ,footnote #acc3 yachita1 e4g4 ornaments1 clothes1 c4 lent on occasion of festivals4 7,m47 ,footnote #acd3 anvahita4 ,we have followed the ,commentator in translating this indefinite term4 ,footnote #ace3 ,this qualification too is the ,commentator's4 ,the term used nyasa is simply1 a deposit4 ,footnote #acf3 which are those given in the presence of 7i4 e4 personally to7 the depositee4 7,m47 ,footnote #acg3 such as gold c4 given to be worked 7,m47 ,footnote #ach3 tapaswi1 the third in rank of the ,hindu religious orders4 ,footnote #aci3 ,the four objects of living being1 in the creed of the ,hindu1 virtue1 wealth1 pleasure1 and final liberation of the soul4 ,footnote #adj3 ,manu1 ch4 #h1 sl4 #fb1 #fc4 ,footnote #ada3 ,the terms used are jati and varna which are somewhat ambiguous2 but the sense is evidently as rendered1 and is so explained by the ,commentator4 ,manu adds1--,women should be witnesses for women1 ch4 #h1 sl4 #fh4 ,footnote #adb3 i4 e4 if the regular and more appropriate witnesses are not available4 7,m47 ,after sloka #fi the ,calcutta edition has the following3--,those learned in the ,vedas1 ascetics1 the aged1 devotees1 and the like1 are incompetent witnesses1 because so declared by law2 no other ground of incompetency is assigned4 ,we do not insert this additional sloka for the reasons stated in note #gi supra4 ,footnote #adc3 of not less than eighty years47,m47 ,footnote #add3 possessed of devils4 7,m47 ,the expression used by the ,commentator may be also translated--under planetary influence4 ,footnote #ade3 which the ,commentator explains nirgranthi prabhritayah1 by which probably are indicated those of the ,hindu community who disbelieve the ,vedas1 e4g4 the ,jains4 ,footnote #adf3 the slayer of brahman1 and such heinous criminals4 7,m47 ,manu ch4 #aa1 sl4 #ed4 ,see ,note #aee4 ,footnote #adg3 of either party4 ,perhaps this might be rendered1 partisans1 or1 allies4 ,footnote #adh3 ,said by the ,commentator to allude to notorious liars4 ,footnote #adi3 scil4 as found in the other ,smritis4 ,the ,commentator 7quoting ,narada7 gives a more detailed account of persons excluded or exempt from giving testimony4 ,manu ch4 #h1 sl4 #fd--fg4 ,footnote #aej3 a fortiori two persons1 7,m47 ,footnote #aea3 or1 who knows the ,dharma4 ,footnote #aeb3 ,the ,commentator excludes from this enabling exception those under moral 7not merely arbitrary or conventional7 disability1 as1 criminals4 ,manu1 ch4 #h1 sl4 #gb4 ,footnote #aec3 also1 murder4 7,m47 ,footnote #aed3 parushya and sahasa3 v4 supra in notes #i et #aa4 ,footnote #aee3 ,who these are is described by ,yajnavalkya1 in the third book1 scil4 sl4 #bbg4 ,the slayer of a brahman1 the drinker of what intoxicates1 the thief1 one who violates his guru's bed1 are great criminals--also1 whoever associates with such persons4 sl4 #bbh4 ,grossly to revile one's guru1 speaking reproachfully of the ,vedas1 to slay a friend1 after reading from the ,veda to forget it1--these sins are like to the murder of a brahman4 sl4 #bbi4 ,to eat forbidden food1 a crooked insincere mode of dealing1 a multitude of lying words1 kissing the mouth of a menstruous woman1--these sins are like to drinking intoxicating liquor4 sl4 #bcj4 ,to steal horses1 jewels1 men1 women1 land1 cows1 property pledged1--these sins are like to the stealing of gold4 sl4 #bca4 ,to debauch a friend's wife1 a maiden1 a sister1 a woman of the lowest grade1 a female relative1 a son's wife1--these sins are recorded as equivalent to violation of a guru's bed4 sl4 #bcb4 ,to debauch a father's sister1 or a mother's1 the wife of a maternal uncle1 a daughter-in-law1 a step-mother1 the sister or daughter of an acharya1 sl4 #bcc4 or his wife1 or one's own daughter1--these are equal to violation of a guru's bed4 ,the penalty is death1 the pudenda of the criminal being previously amputated4 ,a like doom is for the woman1 if she consented4 ,see ,manu1 ch4 #i1 sl4 #bce2 ch4 #aa1 sl4 #ed--eh1 sl4 #agj--ahj4 ,as to the guru and acharya1 the following is the #cdth sloka of ,yajnavalkya's first book3--,he is a man's guru1 who1 after going through the ritual1 imparts to him the ,veda3 he is acharya1 who invests with the sacred cord and then imparts the ,veda4 ,footnote #aef3 ,manu1 ch4 #h1 sl4 #hi c4 ,footnote #aeg3 guni1 referring not merely to personal qualities or eminence in virtue1 but to possession of wealth1 sons1 and learning3 so explained by the ,commentator4 ,footnote #aeh3 ,manu1 ch4 #h1 sl4 #gc4 ,footnote #aei3 ,the ,commentator explains this to refer to the fine which would be payable on failure 7supra sl4 #aa74 ,footnote #afj3 out of the realm4 7,m47 ,manu1 ch4 #h4 sl4 #aai-abd4 ,footnote #afa3 supra1 sl4 #gc4 ,footnote #afb3 ,the ,commentator adds--,if the brahman1 or any of the other casts1 cannot pay the fine1 he must suffer imprisonment and the labour proper to his cast4 ,he explains the enormity of the offence described in this sloka to consist in the contempt of ,court4 ,footnote #afc3 i4 e4 if1 by such untruth1 the death be averted4 ,if from testimony either way1 the alternative of the death of the plaintiff or defendant must ensue1 the witness should maintain silence1 the monarch assenting4 ,in case the monarch do not assent1 the testimony may be rendered of no avail by confusing the witness3 if this cannot be effected1 then let the truth be spoken2 for by so doing one fault only is incurred1 viz4 causing the death1 whereas from untruth would arise the sin of it as well as of the death4 7,m47 ,footnote #afd3 ,manu1 ch4 #h1 sl4 #ajd1 #aje4 ,footnote #afe3 c4 i4 e4 his property1 tribe1 calling1 customs1 c4 7,m47 ,footnote #aff3 ,manu1 ch4 #h1 sl4 #afh4 ,footnote #afg3 literally by three only1 explained by the ,commentator as above rendered4 ,footnote #afh3 the ,commentator considers the c4 here to signify1 testing the handwriting of the writers or amanuenses employed4 ,footnote #afi3 i4 e4 consideration of place1 time1 and persons connected with possession of the document4 7,m47 ,footnote #agj3 ,the ,commentator divides written instruments into1 #a4 public or given by authority1 and1 #b4 private1 or those which the community use among themselves1 and to which the rules in the text apply4 ,these again are either1 autograph1 i4 e4 wholly written by the party who speaks by the document--or1 written by another for him4 ,the last description1 he says1 require to be attested1 and their effect as proof depends upon local usage4 ,he quotes ,narada as to the private writings4 ,for the instruments emanating from authority1 he refers to sl4 #cag1 #cah1 #cai of ,yajnavalkya's first ,book1 viz4 ,when the monarch bestows lands or creates a charge in favor of any one1 he shall1 for information of future good monarchs1 put it in writing1 either on cloth or copper1 setting his seal thereto4 ,he shall inscribe the names of his ancestors and his own also the donee's 7,m471 the extent of the gift1 its description by boundaries1 also the date2 all this shall be authenticated under his hand4 ,footnote #aga3 ,this word in the #idth sloka we have rendered 'discharge4' ,its ordinary and literal sense is 'purification4' ,footnote #agb3 scil4 ordeals4 7,m47 ,footnote #agc3 the ocean god4 ,footnote #agd3 the inferior ,brahma1 the immediate cause or creator of the universe4 ,footnote #age3 ,it is only of self-acquired property that unequal partition can be made4 ,of that which is inherited or ancestral1 there is co-ownership3 it cannot therefore be apportioned at the father's pleasure4 7,m47 ,infra sl4 #aba4 ,footnote #agf3 ,jagannat'ha1 in his ,digest1 quotes the ,dipakalika and other authorities interpreting this injunction to refer to such wives only as have not male issue4 7,colebrooke1 vol4 #c1 p4 #ig47 ,footnote #agg3 ,something1 however valueless2 in order that the heirs of the separated son may have no claim to a share of the family inheritance1 7,m47 ,manu1 ch4 #i1 sl4 #bjg4 ,footnote #agh3 ,for instance1 if one son have a large family1 or be disqualified to earn a livelihood1 the father may give him a portion larger than the others4 ,but an unequal partition from angry impulse1 or weak-mindedness1 has no validity4 7,m47 ,footnote #agi3 ,manu1 ch4 #i1 sl4 #ajd4 ,whenever the father wishes1 is one of the ordained periods for partition2 the second is1 when the father has renounced worldly enjoyment and the mother is past child-bearing2 and this partition may be enforced 7according to ,narada7 at the son's desire1 though the father object4 ,partition should also be made1 the son desiring it1 if the father lead a vicious life1 or be suffering under incurable disease2 even though the mother's menstruation have not ceased4 ,the third period for partition is1 the father's decease4 7,m47 ,manu divides1--to the eldest two aliquot parts1 to the second son one and a half1 and to each succeeding son a single part4 ,the ,commentator asks1 why that division was not adhered to2 and he solves his own question by the remark1 that it was disliked by the people1 and therefore rightly abandoned4 ,this position he supports by several quotations1 and by allusion to the abolition or non-observance of other ancient ordinances1 e4g4 the raising up of male heirs by the brother of the husband or others4 ,it is an obvious reflection1 that the altered law of distribution is one of the few instances in the ,hindu economy where an innate feeling of natural equality has overcome or superseded arbitrary rule--and further1 that the change has been brought about by the pressure of the old law upon the privileged casts1 who1 in common with others1 were affected by it4 ,footnote #ahj3 ,manu1 ch4 #i1 sl4 #bjf1 #bjh4 ,footnote #aha3 ,when the recovered properly is land1 he who obtained it shall take a fourth part1 the remainder to be equally divided4 7,m47 ,the ,commentator supports this view by the authority of ,sankha4 ,manu1 ch4 #i1 sl4 #bji4 ,footnote #ahb3 ,supra1 ,book #a1 sl4 #c4 ,footnote #ahc3 ,manu1 ch4 #i1 sl4 #bae4 ,footnote #ahd3 ,the ,commentator refers1 in explanation of this sloka1 to ,manu1 ch4 #i1 sl4 #baf1 viz4 ,a son born after a division shall alone inherit the patrimony i4 e4 the share allotted to the parents 7,m471 or shall have a share of it with the divided brethren1 if they return and unite themselves with him4--,with respect to the deduction for expenditure1 c41 the ,commentator explains1 that the accumulations of mere income are not to be included in the estate to be repartitioned1 and that a previous deduction is to be made for necessary expenditure1 e4g4 the father's debts4 ,footnote #ahe3 but1 if she have stridhana1 only a half share4 7,m47 ,footnote #ahf3 ,manu1 ch4 #i1 sl4 #aah4 ,footnote #ahg3 ,these varying proportions ofcourse apply only where there are several mothers of differing casts4 ,manu1 ch4 #i1 sl4 #adh-aeg4 ,footnote #ahh3 or escaped notice altogether4 7,m47 ,manu1 ch4 #i1 sl4 #bah4 ,footnote #ahi3 ,manu1 ch4 #i1 sl4 #ei1 #ade1 #afg1 #aij4 ,footnote #aij3 ,but if the actual father have already a son1 his son by another's wife is not his heir4 7,m47 ,footnote #aia3 aurasa is from uras 'the best1' being the first in order of sons4 ,footnote #aib3 dharma wife is defined by the ,commentator1 a wife of the same cast with her husband1 and wedded to him according to the brahma and other approved forms of marriage2 which are described in the first book1 sl4 #eh-fa1 viz4 ,in the marriage called brahma1 the bride1 adorned in a manner suitable to the means of her family1 is bestowed upon the invited bridegroom1--,in the daiva marriage1 the bride is made over to the priest whilst offering sacrifice3 arsha marriage1 is where the bride's father receives a pair of kine4--,in the kaya marriage1 the bride is delivered to the suitor with the injunction1 ,together practise the rules of duty6 ,in the asura marriage1 wealth is received from the bridegroom4 ,gandharva is a union in marriage by mutual consent of the parties3 the rakshasa marriage1 is by capture of the woman in war3 the paisacha marriage1 where she is obtained by deception4 ,manu ch4 #c1 sl4 #bj et4 seq4 ,footnote #aic3 scil4 according to ,vasishtha1 such as1 by agreement between father and son-in-law1 at the time of the daughter's marriage1 has been1 by anticipation1 given up to the father4 7,m47 ,and the ,commentator notes1 that the term used1 puttrikasata1 may be also rendered or understood 'daughter as a son' i4 e4 a daughter appointed or placed in the same position and with the same rights as a son4 ,footnote #aid3 sagotra4 ,footnote #aie3 it being merely known that the father is a man of the same cast1 not who he is4 7,m47 ,footnote #aif3 privately1 in the father's house4 7,m47 ,manu adds the condition1 if she marry her lover2 ch4 #i1 sl4 #agb4 ,footnote #aig3 ,manu1 ch4 #i1 sl4 #age4 ,footnote #aih3 ,this is permitted to a man of the same cast1 in time of distress2 but only where there are several sons3 the eldest cannot be bestowed as a gift-son4 7,m47 ,manu1 ch4 #i1 sl4 #afh4 ,footnote #aii3 ,the ,commentator explains1 that this can only be on the same conditions as the given or gift son4 ,manu1 ch4 #i1 sl4 #agd4 ,footnote #bjj3 having lost his parents1 or being abandoned by them4 7,m47 ,we have some doubt of the ,commentator's meaning3 here as the alternative includes a separate head and description1 viz4 7xii7 in the succeeding sloka4 ,the word rendered 'abandoned' literally signifies 'liberated1' 'set free2' so the meaning may be1--one who is left free to choose for himself4 ,footnote #bja3 ,manu1 ch4 #i1 sl4 #agc4 ,footnote #bjb3 ibid4 sl4 #aga4 ,footnote #bjc3 pinda1 which literally signifies any round substance4 ,the cake is a compound1 in form of a ball1 given as an offering to the dead4 ,footnote #bjd3 ,the ,commentator quotes ,vasishtha--,if a son be adopted1 and afterwards an aurasa be born1 the former takes a fourth part--and deduces from this1 that a son of any inferior grade receives a fourth share when superseded by an afterborn aurasa4 ,footnote #bje3 ,manu1 ch4 #i1 sl4 #agi4 ,footnote #bjf3 pitarau4 ,first the mother1 then the father--says the ,commentator4 ,but ,manu1 ch4 #i1 sl4 #ahe3--;,if a man die without male issue1 the father is heir2 next to him in order1 the brothers--and1 sl4 #bag--;,if a man die childless1 his mother succeeds4--,such is the contradictory character of texts and comments on this subject4 ,the law in use in ,bengal is the reverse of the ,commentator's gloss4 ,footnote #bjg3 first1 of the whole blood2 then1 half-brothers4 7,m47 ,footnote #bjh3 as representing their respective fathers4 7,m47 ,footnote #bji3 family2 kindred of the same stirpes or stock4 ,these are thus detailed by the ,commentator2 #a4 paternal grandmother1 #b4 paternal grandfather1 #c4 paternal uncles1 #d4 sons of the uncles1 on failure of paternal grandfather's line1 then1 #e4 paternal great-grandmother1 #f4 paternal great-grandfather1 #g4 their sons1 #h4 their sons' offspring4 ,all of whom 7proceeds the ,commentator7 are sapindas1 connected by food oblations4 ,if they fail1 then follow those connected by the water oblation only1 viz4 seven degrees in the ascending line beyond sapindas1 i4 e4 samanodacas4 ,footnote #baj3 divided by the ,commentator into three classes1 viz4 #a4 of one's self1 #b4 of one's father1 #c4 of one's mother2 as1 the sons of a father's or of a mother's sister1 or a maternal uncle 7one's own kin7--the sons of a father's paternal or maternal aunt1 or a father's maternal uncle 7a father's kin7--and those in the same relation to a mother4 ,footnote #baa3 sa-brahmachari1 one instructed together with him in his religious duties4 ,this head applies only to the first three classes1 those invested with the sacred cord4 ,footnote #bab3 as distinguished from the temporary brahmachari or religious student1 which all of the twice born classes should be1 in youth4 ,footnote #bac3 who1 having been separated1 again holds his property in community with those from whom he had separated4 ,such reunion is permitted only with the father1 the brothers1 and the paternal uncle4 7,m47 ,footnote #bad3 ,this participle has a masculine termination2 and the ellipsis is supplied from the ,commentator4 ,footnote #bae3 ,this is rather the paraphrase of the ,commentator3 the text is very obscure4 ,yajnavalkya in these two verses promulgates1 according to the ,commentator1 the following law4 ,a wife or a daughter or a mother shall not be entitled 7under a preceding rule7 to take the heritage1 when there has been a reunion1 after separation1 of male members of the family2 and of course where there has been no division4 ,in the case of united brothers1 where there is a full brother in the union1 he takes the property1 in preference to a half-brother2 but1 if the half-brother be united and the full brother separate1 the two will divide the property between them4 ,when1 of many full brothers1 some live united and others separate1 those united will have the preference4 ,if there be half brothers1 as well as full brothers1 in the union1 the former take nothing2 but all full brothers1 living separate1 share with one or more united half-brothers4 ,where the brothers all live separate the rule will of course not apply4 ,footnote #baf3 i4 e4 according to the ,ratnakara1 a son born after his degradation from cast4 ,footnote #bag3 scil4 hermits1 devotees1 one who is his father's enemy1 one guilty of a crime of minor degree1 one deaf or dumb1 one deprived of an organ of sense4 7,m47 ,footnote #bah3 supra sl4 #abh 7,,iii74 ,footnote #bai3 such as described sl4 #adj4 7,m47 ,footnote #bbj3 if there be no sons4 7,m47 ,footnote #bba3 ,these three slokas are analogous to ,manu1 ch4 #i1 sl4 #bja1 #b1 #c4 ,footnote #bbb3 scil4 acquisitions by inheritance1 purchase1 partition1 gift1 finding4 7,m47 ,footnote #bbc3 supra1 note#aib ,footnote #bbd3 asura1 gandarbha1 rakshasa1 paisacha4 ,footnote #bbe3 i4 e4 if she die without issue4 7,m47 ,footnote #bbf3 without just cause4 7,m47 ,yajnavalkya himself suggests as a sufficient cause1 a more eligible bridegroom offering2 ,b4 #a1 sl4 #fe4 ,footnote #bbg3 if he have no other means4 7,m47 ,footnote #bbh3 ,the ,commentator and other authorities interpret arddha in this place to signify1 such proportionate part as shall make the entire stridhana of the first wife equal to that of the second4 ,footnote #bbi3 and further1 by enquiry as to the mode of performing religious rites in the family4 7,m47 ,footnote #bcj3 ,explained by the ,commentator such as are free 7as aged men are presumed to be7 from the trammels of worldly occupation and of passion4 ,footnote #bca3 ,manu1 ch4 #h1 sl4 #beh--bfb4 ,footnote #bcb3 the remains of burnt fuel4 7,m47 ,footnote #bcc3 of rice4 7,m47 ,footnote #bcd3 stones or other landmarks4 7,m47 ,footnote #bce3 ,manu1 ch4 #h1 sl4 #bdf--beb4 ,footnote #bcf3 i4 e4 if none of the means indicated in the previous sloka are available4 7,m47 ,footnote #bcg3 ,manu1 ch4 #h1 sl4 #bed--beh4 ,footnote #bch3 ibid1 sl4 #bfc4 ,footnote #bci3 ibid1 sl4 #bfe4 ,footnote #bdj3 and towns4 7,m47 ,footnote #bda3 ,manu1 ch4 #h1 sl4 #bfb4 ,footnote #bdb3 ,the ,commentator describes a boundary as a strip or border 7a party-ridge7 of land1 used in common4 ,the breaking therefore must mean some material alteration of this border4 ,overstepping1 the ,commentator describes to be cultivating beyond the boundary4 ,footnote #bdc3 or house or garden1 c4 7,m47 ,footnote #bdd3 scil4 reddendo singula singulis1 the lowest fine for breaking1 the highest for overstepping1 the medium for wrongful appropriation4 ,manu1 ch4 #h1 sl4 #bfd2 ch4 #i1 sl4 #bia4 ,footnote #bde3 or similar constructions1 as a tank1 c4 7,m47 ,footnote #bdf3 semble1 the landowner4 ,the ,commentator throws no light on this ambiguity4 ,footnote #bdg3 or any other crop4 7,m47 ,footnote #bdh3 a masha is the twentieth part of a copper pana4 7,m47 ,supra pa4 #g4 ,footnote #bdi3 ,manu1 ch4 #h1 sl4 #bda4 ,footnote #bej3 no penalty therefore or liability4 7,m47 ,footnote #bea3 being an open field4 7,m47 ,footnote #beb3 ,manu1 ch4 #h1 sl4 #bcg1 #h1 #i4 ,footnote #bec3 let loose to propitiate the gods4 7,m47 ,footnote #bed3 wanderers from a distant herd4 7,m47 ,footnote #bee3 scil4 other animals1 as elephants1 horses1 c4 7,m47 ,footnote #bef3 ,manu1 ch4 #h1 sl4 #bdb4 ,footnote #beg3 i4 e4 counting them4 7,m47 ,footnote #beh3 ,manu1 ch4 #h1 sl4 #bcb4 ,footnote #bei3 for oblations to the gods4 7,m47 ,manu does not expressly restrict this privilege to the twice-born2 ch4 #h1 sl4 #cci4 ,footnote #bfj3 ,this term 7literally 'a bow'7 is a land measure1 equivalent to the modern oottah or four hats4 ,footnote #bfa3 ,these three are in progressive increase3 the first is1 a mere village2 the second1 the central or sudder station of several villages2 the third1 a town of more extended population and importance4 ,manu1 ch4 #h1 sl4 #bcg4 ,footnote #bfb3 or which has been given away1 or pledged1 by a stranger without right4 7,m47 ,manu1 ch4 #h1 sl4 #aii4 ,footnote #bfc3 scil4 one destitute of property4 7,m47 ,the expression in the text is applicable to any whose position or lack of means might justify a suspicion that he had not come honestly by the goods4 ,footnote #bfd3 the man who sold or assigned it to him4 7,m47 ,footnote #bfe3 or stolen1 or given in pledge4 7,m47 ,footnote #bff3 ,supra1 sl4 #bg4 ,footnote #bfg3 ,inasmuch as he abets concealment of the thief or wrongdoer4 7,m47 ,footnote #bfh3 ,manu1 ch4 #h1 sl4 #cj4 ,the ,commentator accounts for the discrepancy between the two law-givers by supposing ,manu to have alluded to the property of learned brahmans only4 ,footnote #bfi3 ,this fine is considered by the ,commentator a consideration or indemnity for safe keeping1 and an exception to the rule laid down by ,manu1 ch4 #h1 sec4 #cc4 ,footnote #bgj3 ,colebrooke's rendering of this sloka 7,digest ch4 #d1 sec4 #a1 ,sec4#af17 differs from ours1 which however we consider to be the correct signification of the text before us4 ,footnote #bga3 ,manu1 ch4 #h1 sl4 #bbb4 ,footnote #bgb3 ,the ,commentator explains this to refer to slaves4 ,footnote #bgc3 ,supra1 p4 #g4 ,footnote #bgd3 ,these facts are related1 says the ,commentator1 as an index to or test of the honesty of metal-workers4 ,footnote #bge3 ,made into coarse thread4 7,m47 ,footnote #bgf3 ,this sloka1 as appears from the ,commentary1 is in allusion to the loss on working or manufacture of textile fabrics mentioned in the previous slokas4 ,footnote #bgg3 or given or pledged4 7,m47 ,footnote #bgh3 ,the slavery or servitude being to secure or work out a debt4 ,footnote #bgi3 e4g4 a brahman cannot be slave to a kshattriya4 ,manu1 ch4 #h1 sl4 #daj--ae4 ,footnote #bhj3 scil4 medicine or handicraft4 7,m47 ,footnote #bha3 ,the ,commentator thus explains and analyses the subject of servitude or working for others3 ,there are two descriptions of persons who serve4 ,i4 ,those whose employment is of a respectable kind4 ,,ii4 ,those whose employment is not so4 ,the first division he subdivides into--#a1 the disciple2 #b1 the apprentice2 #c1 the workman2 #d1 the overseer4 ,the disciple is the student of the vedas2 the apprentice is one learning an art2 the workman is one who is paid for his work2 the overseer superintends workmen4 ,there are three sorts of workmen--#a1 soldiers2 #b1 husbandmen2 #c1 they who bear burdens4 ,,ii4 ,the other and meaner description of employment is performed by slaves1 scil4 cleaning the house1 cleaning away filth1 c4 ,slaves1 the ,commentator subdivides1 according to their origin and mode of enslavement1 into fifteen classes1 scil4 #a4 ,a born slave of the house4 #b4 ,a purchased slave4 #c4 ,one otherwise acquired e4g4 by donation4 #d4 ,one obtained by inheritance4 #e4 ,one rescued from starvation during a famine4 #f4 ,one received in pledge4 #g4 ,one who becomes a slave to discharge a debt4 #h4 ,a captive in war4 #i4 ,one whose freedom has been lost by wager4 #aj4 ,a volunteer slave4 #aa4 ,an apostate from the condition of a pravajita or religious mendicant4 #ab4 ,a slave for a prescribed term4 #ac4 ,a slave for subsistence sake4 #ad4 ,one enslaved by espousing a woman who is a slave4 #ae4 ,one who has sold himself4 ,footnote #bhb3 scil4 duties prescribed by the ,sruti and ,smriti1 according to their cast and grade4 7,m47 ,footnote #bhc3 such as1 tending cattle1 conservation of water1 care of temples1 c4 7,m47 ,footnote #bhd3 scil4 to entertain travellers1 or injunction to see that horses or other provision be not furnished to the enemies of the ,state4 7,m47 ,footnote #bhe3 i4 e4 for a heinous offence3 for minor offences1 fines1 as declared by ,manu1 shall be imposed4 7,m47 ,manu1 ch4 #h1 sl4 #bbj1 is probably here referred to4 ,footnote #bhf3 ,the term used hitavadi signifies1 who speak for the welfare of2 which we assume to have the sense we have given to it4 ,footnote #bhg3 ,supra bk4 #a1 sl4 #cfe4 ,footnote #bhh3 ,supra note#bhb ,footnote #bhi3 ,lassen1 in his ,indische ,alterthumskunde 7vol4 #b1 p4 #bch71 speaking of the edicts of king ,asoca 7,b4 ,c4 #bej71 which refer to pashandas1 describes these as a sect who disbelieved alike in the brahminical and buddhist tenets4 ,we have1 in sloka #gj1 rendered the word 'infidels4' ,footnote #bij3 ,manu1 ch4 #h1 sl4 #da1 #bai1 #ba1 #daj1 #ah4 ,footnote #bia3 ibid4 sl4 #bae--bah4 ,footnote #bib3 ,the expression is 'servant1' as opposed to1 master1 or employer4 ,footnote #bic3 scil4 a merchant1 owner of cattle1 or landed proprietor4 7,m47 ,footnote #bid3 ,as1 by improvident expenditure4 7,m47 ,footnote #bie3 ,signifying plurality generally4 7,m47 ,footnote #bif3 ,colebrooke renders this sloka differently2 ,dig4 ,b4 #c1 ch4 #a1 sec4 #a1 ,sec4#fe4 ,we have adhered closely to the text4 ,footnote #big3 scil4 the keeper4 ,footnote #bih3 ,infra sl4 #bfg4 ,footnote #bii3 ,but one word is used in the original1 which the ,commentator thus explains4 ,the foregoing rules for gamblers and gaming must be taken to have superseded the rigid prohibition in the ,dharma ,sastra of ,manu1 ch4 #i1 sl4 #bbj--bbh4 ,footnote #cjj3 ,manu ch4 #h1 sl4 #bgd1 where the offence is much more leniently dealt with4 ,footnote #cja3 ,the intent of these insulting allusions is obvious4 ,footnote #cjb3 ,what we have rendered 'cast' is expressed by two words in the original1 varna and jati4 ,the first is defined by the ,commentator--the four casts2 the second--the mixed classes or casts4 ,footnote #cjc3 ,manu1 ch4 #h1 sl4 #bfg1 #h1 #i1 #gj1 #bgf1 #g4 ,footnote #cjd3 ,the ,commentator instances the buttocks4 ,footnote #cje3 such as tears1 nails1 hair1 wax of the ear1 c4 7,m47 ,footnote #cjf3 ,so explained by the ,commentator4 ,footnote #cjg3 ,manu1 ch4 #h1 sl4 #bgi1 #hj4 ,footnote #cjh3 ,manu1 ch4 #h1 sl4 #bhd4 ,footnote #cji3 ,the ,commentator instances the tongue4 ,footnote #caj3 ,manu ch4 #h1 sl4 #bhd1 #bhf-g4 ,footnote #caa3 i4 e4 each wrong doer pays the double fine4 7,m47 ,footnote #cab3 ,manu ch4 #h1 sl4 #bhg4 ,footnote #cac3 or any other insensitive part1 sakha4 ,footnote #cad3 ,manu ch4 #h1 sl4 #big-h4 ,footnote #cae3 root as well as trunk4 7,m47 ,footnote #caf3 scil4 the mango4 7,m47 ,footnote #cag3 scil4 #bj1 #dj1 #hj4 7,m47 ,footnote #cah3 ,manu1 ch4 #h1 sl4 #bhe4 ,footnote #cai3 ,this word is commonly used to signify any violent aggression upon person or property1 and is defined here by the ,commentator to be1 the forcibly taking away of properly either public or private4 ,manu1 ch4 #h1 sl4 #ccb4 ,footnote #cbj3 e4g4 an acharya4 7,m47 ,supra note#aee in fin4 ,the injunction evidently has reference to one whose office or character entitles him to the respect and obedience of those about him1 pupils or disciples4 ,footnote #cba3 ,this may be 'his brother or his wife4' ,footnote #cbb3 ,the ,commentator does not explain this description4 ,footnote #cbc3 scil4 those of the same village or country4 7,m47 ,footnote #cbd3 i4 e4 when not authorised by the ',sastras4 ,supra sl4 #abg4 ,footnote #cbe3 ,an outcast4 ,footnote #cbf3 ,the ,commentator explains this term here by digambara1 which is the usual designation of a ,buddha mendicant4 ,footnote #cbg3 as if a ,sudra teach the ,vedas4 ,footnote #cbh3 ,manu inflicts #fjj panas1 ch4 #h1 sl4 #chi4 ,footnote #cbi3 ,thus the ,commentator supplies the ellipsis4 ,footnote #ccj3 instead of acting as a mediator4 7,m47 ,footnote #cca3 when it is agreed to decide the dispute by a wager1 7,m47 ,footnote #ccb3 of quantity1 for water1 grain1 c4 ,footnote #ccc3 nanaka1 ,wilson's ,ariana antiqua pa4 #cfd4 ,the ,commentator defines this word--something stamped with an impression1 as a nishka--this is a piece of gold of a certain standard or weight4 ,footnote #ccd3 ,manu1 ch4 #i1 sl4 #bcb4 ,footnote #cce3 i4 e4 who1 though ignorant of the ,ajur ,veda sets up as a practitioner of the medical art4 7,m47 ,manu1 ch4 #i1 sl4 #bhd4 ,footnote #ccf3 ,the ,commentator adds 'without royal authority4' ,footnote #ccg3 ,after having summoned the accused to take his trial4 7,m47 ,this explanation shows1 that the injunction applies to judicial functionaries1 although in its terms general4 ,footnote #cch3 literally1 adds something inferior to4 ,manu1 ch4 #i1 sl4 #bhf1g4 ,footnote #cci3 e4 g4 substituting a basket of crystals for one of jewels4 7,m47 ,footnote #cdj3 as camphor1 or musk4 7,m47 ,footnote #cda3 i4 e4 combining to buy up at a low rate some foreign merchandize1 or to revend it at a dear rate4 ,footnote #cdb3 ,manu1 ch4 #h1 sl4 #cih1 #dja1 #b4 ,footnote #cdc3 semble in the daily prices1 purchasers and sellers respectively profiting by an increase or diminution of the tariff of prices4 ,footnote #cdd3 ,literally1 'expenses arising out of the commodity1' which the ,commentator explains to be1 the cost of import1 customs-duty1 c4 ,footnote #cde3 ,the ,commentator adds the condition1 'if he have not repented him of his bargain4' ,footnote #cdf3 ,according to the ,commentator this rational liberty of action is not confined to traders2 he instances1 'players1 dancers1 and the like4' ,footnote #cdg3 scil4 for himself1 separate from his partnership interest4 ,footnote #cdh3 ,the same is given by ,manu2 although the sovereign would appear not to have had1 in those earlier days1 so responsible or despotic a control of the market1 ch4 #h1 sl4 #cih1 #djb4 ,footnote #cdi3 i4 e4 too good for a mere subject4 ,the ,commentator explains1 'jewels1 c4' ,footnote #cej3 ibid4 sl4 #cii4 ,footnote #cea3 scil4 where the property in the goods is disputed4 7,m47 ,manu1 ch4 #h1 sl4 #djj4 ,footnote #ceb3 ,land tolls or duties are a twentieth1 and are leviable by the king alone4 7,m47 ,footnote #cec3 on occasion of sraddahs1 c4 ,manu1 ch4 #h1 sl4 #cib1 where a priest for such an offence is fined a silver masha 7supra ,b4 #a sl4 #cfc7 ,footnote #ced3 ,manu1 ch4 #h1 sl4 #bjg4 ,footnote #cee3 a land-measure1 scil4 #d1jjj hats or cubits4 ,footnote #cef3 ,the ,commentator explains this term by quoting from ,manu--,they who break into houses where a sacred fire is kept up1 into arsenals1 into temples-- ch4 #i1 sl4 #bgf1 #bhj4 ,footnote #ceg3 ,the subject of theft is supplied by the ,commentator4 ,footnote #ceh3 who abstract money from the person by cutting or opening the apparel4 ,manu1 ch4 #i1 sl4 #bgg2 where the third offence entails capital punishment4 ,footnote #cei3 scil4 trifling--such as1 earthen vessels1 stools1 cots1 bones1 wood1 leather1 grass1 c42 medium--such as1 apparel 7other than silk71 cattle 7other than cows71 metal 7other than gold71 rice1 barley2 highest--as1 gold1 jewels1 silks1 women1 men1 cows1 elephants1 horses1 also whatever is appropriated to gods1 to brahmans1 or to kings4 7,m47 ,footnote #cfj3 ,manu1 ch4 #h1 sl4 #abf2 supra ,b4 #a1 sl4 #cfg4 ,footnote #cfa3 ,manu1 ch4 #i1 sl4 #bgh4 ,footnote #cfb3 thus causing destruction of the crops4 ,manu1 ch4 #i1 sl4 #bgi4 ,footnote #cfc3 unless she be pregnant4 7,m47 ,footnote #cfd3 ,these compounds might be literally translated1 'woman-fond' 'thing-fond' 'gain-fond4' ,footnote #cfe3 ,manu1 ch4 #h1 sl4 #cef1 #g1 #h4 ,footnote #cff3 ibid4 sl4 #cfa4 ,footnote #cfg3 ibid4 sl4 #cei1 #cgd4 ,footnote #cfh3 ,the ,commentator explains--her nose1 c4 ,footnote #cfi3 ,manu1 ch4 #h1 sl4 #cfd4 ,footnote #cgj3 ibid4 sl4 #cgc1 #che4 ,footnote #cga3 scil4 a stranger4 ,footnote #cgb3 ,manu1 ch4 #h1 sl4 #cfc4 ,footnote #cgc3 scil4 one kept for prostitution4 7,m47 ,footnote #cgd3 ,manu1 ch4 #i1 sl4 #bcb1 where this is a capital offence4 ,footnote #cge3 ,the ,commentator instances1 the nose1 ear1 and hand4 ,manu1 ch4 #i1 sl4 #bib4 ,footnote #cgf3 ,manu1 ch4 #h1 sl4 #bia1 #b4 ,footnote #cgg3 ,literally 'after having taken money4' ,footnote #cgh3 ,receivers of bribes are denounced in ,manu1 ch4 #i1 sl4 #beh4 ,footnote #cgi3 ,supra1 no4#aca4 ,index ,page4 ,sloka4 ,note4 ,a4 ,abduction of virgins1 #gf #bhg 444 ,abortion1 causing1 #ge #bgg 444 ,abusive language1 punishment for1 #fb #baj1aa 444 ,achara1 ,introd4 x 444 444 ,acharya1 #bi 444 #aac ,adultery1 #gf #bhc-hf 444 ,age1 when1 in ,sudras1 to be honored1 #e #aaf 444 ,ancestral property1 recovered1 not divisible1 #ci #aai 444 if land how divisible1 #ci 444 #aci co-equal ownership in1 of father and son1 #ci #aba 444 ,appeal of suits to the monarch1 #gi #cje 444 ,apprenticeship1 contract of1 inviolable1 #ef #ahd 444 ,appropriation of pledges1 c41 forbidden1 #af #bf 444 ,arrest on suspicion1 when allowable1 #gb #bff-h 444 how followed up1 #gc #bfi 444 ,arsha marriage #da 444 #aej ,artha ,sastra1 #ad 444 #ba ,ascetics1 succession to1 #de #acg 444 ,assault1 where without witness1 how triable1 #fb #bab 444 ,aurasa son1 #da #abh 444 ,b4 ,battering1 injury to a wall by1 fineable1 #fd #bbc 444 ,bestiality1 #gg #bhi 444 ,blind children inherit maintenance only1 #df #adj 444 ,boundaries1 disputed1 how determined1 #dh #aej-c 444 false evidence as to1 fineable1 #di #aec 444 breaking or overstepping1 #di #aee 444 wrongfully appropriating1 #af #bf 444 law of limitation does not apply to1 #af #be 444 ,brahma1 defined and explained1 ,introd4 vii 444 444 ,brahma marriage1 #da 444 #aej ,brahmans1 omission to invite1 fineable1 #gb #bfc 444 ,brahmachari 7professed71 succession to1 #de #acg 444 ,brothers and sisters1 duty of1 to complete each others' ritual1 #dj #abd 444 ,brothers and half-brothers1 when succeed to each other1 #de #ach1i 444 ,buyer not accepting1 how treated1 #gj #bee 444 ,c4 ,capture of thieves others1 when warranted1 #gb #bff-h 444 ,carnal knowledge1 what illegal1 #gg #bhi-id 444 ,carriers of goods1 liabilities of1 #fj #aig1h 444 ,cast1 distinctions of1 #c #aj 444 a religious ordinance1 its origin1 gradual development1 and fixed character1 explained1 ,introd4 vii-ix 444 444 ,cattle1 trespass by1 law as to1 #ej #aei-fc 444 ,communities and guilds1 laws as to their constitution and conduct1 #eg #ahe-ib 444 ,correction of wrong doers1 a monarch's duty1 #f #cfj 444 ,counter-complaints1 as to1 #aj #i1aj 444 ,counterfeit gold1 trading with1 how punishable1 #gh #big 444 ,courts1 different grades of1 #ag #cj 444 ,creditor1 how may enforce his debt1 #bj #dj 444 not accepting payment loses future interest1 #ba #dd 444 ,cremation1 disposal of corpse by1 from what date1 #d 444 #ad ,criminals1 atrocious1 who1 #bi 444 #aac ,cripple1 heir who is a1 entitled to maintenance1 #df #adj 444 ,cultivation1 incomplete1 consequence of breach of duty by1 #ej #aeh 444 ,customs levy1 fraudulent avoidance of1 #ga #bfb 444 ,cut-purses1 how punished1 #gd #bgd 444 ,d4 ,dams1 slight private injury not to interfere with construction of1 #ej #aef 444 in private lands1 whose the right of use1 #ej #aeg 444 ,damage1 by brutes or inanimate things1 when excusable1 #gh #bih 444 ,daiva marriage1 #da 444 #aej ,daughter's son1 puttrika-suta1 #da #abh 444 ,daughter1 affianced1 penalty for withholding1 #dg #adf 444 when dies1 how dowry1 c4 appropriated1 #dg #adf 444 ,daughters1 unmarried1 of those disqualified to inherit1 to be provided for1 #df #ada 444 ,death caused by vehicles accidentally not imputable1 #gh #bii 444 ,debts1 may be enforced1 #bj #dj 444 in what order payable1 #bj #da 444 impost on recovered #bj #db 444 how to be met where debtor without means1 #ba #dc 444 of undivided kinsmen payable from the family fund1 #ba #de 444 separate1 need not be discharged by the family1 #ba #df 444 of father1 what not obligatory on son1 #ba #dg 444 what obligatory1 #bb #ej 444 of wives of herdsmen1 c41 to be paid1 #bb #dh 444 how proveable1 #bb #ej 444 between what persons forbidden1 #bc #eb 444 obligatory on lineal descendants1 #cb #gj 444 formalities of payment of1 #cc #ic1d 444 pass with property to successor1 #bb #ea 444 ,decisions1 judicial1 when to be annulled by ,monarch1 #ah #ca 444 ,deposit1 upanidhi1 #bf #fe 444 nikshepa and other sorts of1 #bf #fg 444 wrongful appropriation of1 #af #be1f 444 not to be used1 #bf #fg 444 ,depositee1 when liable for loss1 #bf #ff 444 ,dhanus1 a land measure1 #eb #afg #bah ,dharma ,sastras1 promulgators of1 #b #d1e 444 ,professor ,stenzler's list of1 ,introd4 v 444 444 ,dharma wife1 #da #adh #aej ,disease1 incurable1 a bar to inheritance1 #df #adj 444 ,division of property1 equal1 amongst sons1 #ch #aag 444 periods of1 #ch #aad #acg amongst sons1 mother's right on1 #dj #abc 444 ,e4 ,earnest1 on sale1 c41 #be 444 #he ,earnings of science1 not subject to distribution1 #ci #aai 444 ,elephant stealers to be impaled1 #gd #bgc 444 ,evidence1 when not to be given1 #bc #eb 444 ,f4 ,fabrication of royal grant1 fineable1 #gh #bie 444 ,false weight1 fine for declaring1 #ga #bfb 444 ,ferry-man1 levying land-toll1 fineable1 #gb #bfc 444 ,fighting-games1 wagers at1 rules as to1 #fa #bjc 444 ,fines1 highest1 medium1 lowest1 #h #cfe 444 ,food1 unfit1 graduated fines for giving1 #gh #bif 444 ,fraudulent buying or selling1 #gb #bfb 444 ,g4 ,gambling1 rules respecting1 #fj #aii-bjc 444 ,gandharva marriage1 #da 444 #aej ,gifts1 not subject to distribution1 #ci #aah-abc 444 of what properly permitted1 #ed #age 444 how to be accepted1 #ed #agf 444 ,girl's son1 #db #abi 444 ,grama1 #eb #afg #bai ,grandsons inherit per stirpes1 #ci #abj 444 ,guru described1 #bi 444 #aac ,h4 ,half-brothers1 reunited1 inherit1 #de #aci 444 ,heirs1 who1 where no male issue1 #dc #ace 444 of hermit1 of ascetic1 of professed brahmachari1 #de #acg 444 ,herdsmen1 how punishable for cattle-trespass1 #ea #afa 444 duty of1 #eb #afd 444 consequence of loss by fault of1 #eb #aae 444 ,hermit1 heirs of1 #de #acg 444 ,hirer for transport of goods1 breach of contact by1 #fj #aih 444 ,honor1 gradations of1 #d #aaf 444 ,horse-stealers1 to be impaled1 #gd #bgc 444 ,house-breakers1 to be impaled1 #gd #bgc 444 ,house1 dwelling1 casting noxious things into1 fineable1 #fd #bbd 444 ,i4 ,idiot1 to be maintained1 #df #adj 444 ,impotent1 to be maintained1 #df #adj 444 ,incendiaries1 to be burned1 #ge #bhb 444 ,indorsement of payment on document1 #cc #ic 444 ,injury to cattle1 #fe #bbe1bf 444 to trees1 shrubs1 c41 #fe #bbg-bi 444 ,instigator of sahasa1 #ce #bca 444 ,instruments 7documents71 holograph need not be witnessed1 #cb #hi 444 destroyed1 to be renewed1 #cc #ia 444 authenticity of1 how ascertained1 #cc #ib 444 classed1 #cc 444 #abh ,interest1 what chargeable1 #ai #cg-ci 444 ,investiture of the twice-born1 #d #ad 444 ,j4 ,joint traders1 law as to1 #ga #bei1fj 444 ,judges1 appointment of1 #i #b 444 corrupt1 to be amerced1 #i #d 444 ,k ,karvata1 a sudder station1 #eb #afg #bai ,kaya marriage1 #da 444 #aej ,killing1 fine for1 #ge #bgg 444 ,king's wife1 punishment for adultery with1 #ge #bhb 444 ,l4 ,law1 what it is1 exemplified1 #c #f 444 its root or evidence1 #c #g 444 by whom to be declared1 #c #i 444 ,limitation of suit1 #ae #bd1e 444 ,loss on metals by action of fire1 #ed #agh 444 or increase in weight1 of wool1 etc41 by working1 #ee #agi1hj 444 how to be made good by artisans1 #ee #aha 444 ,lost property1 as to finding of1 #ah #cc-ce 444 how claimed1 #ec #aga 444 ,lost property1 clandestine recovery of1 punishable1 #ec #agb 444 when found by public officers must be claimed1 #ec #agc 444 if animal1 what impost payable by owner1 #ed #agd 444 ,m4 ,madmen do not inherit but to be maintained1 #df #adj 444 ,mantras1 necessary to rites of twice-born1 #d #aj 444 ,marriage1 differing forms of1 #da 444 #aej ,marriage-gift not subject to partition1 #ch #aah 444 ,meat1 tainted1 punishment for selling1 #gh #big 444 ,miscellaneous offences1 #fj #bcb-ej 444 ,monarch1 his daily duties1 #e #cbf 444 how he should deal with a newly subjugated territory1 #e #cdb 444 his duty to punish wrong-doers1 #e #cec1ceg1h 444 to investigate law suits with the #f #cei 444 judges1 #i #a 444 to set right those who err1 #f #cfj 444 when should annul decisions1 #ah #ca 444 to fix prices1 receiving a twentieth1 #gj #bec-bfa 444 his retribution for an unjust fine1 #hj #cjg 444 ,mother's share on partition among sons1 #dj #abc 444 ,munis1 what1 two classes of1 #a 444 #a ,murder1 investigation into1 #ge #bhj 444 and theft1 village c4 responsible for1 #gc #bga1b 444 ,murderers1 violent1 to be impaled1 #gd #bgc 444 ,n4 ,nagara1 #eb #afg #bai ,nikshepa deposit1 not to be used1 #bf #fg 444 ,o4 ,ordeals1 to be resorted to where proof wanting1 #ad #bb 444 used for exculpation when agreed on1 #cd #ie1f 444 viz41 scales1 hot iron1 water1 poison1 described1 #ce #ig-aac 444 ,orders or periods of life of the twice-born1 #a 444 #ac ,p4 ,paisacha marriage1 #da 444 #aej ,partition1 during father's lifetime1 #cg #aad-af 444 after decease of parents1 #ch #aag-abf 444 ,partners for profit1 rules for guidance of1 #gb #bfe 444 ,pasture-ground1 village1 how allotted1 #eb #aff 444 ,payment of debt1 how to be evidenced1 #cc #ic1d 444 ,plaint1 cause of action in1 not to vary from original statement1 #aj #i 444 ,plaintiff1 how to proceed in a suit1 #aj #e-h 444 ,pleadings in a suit1 #aj #f1g 444 ,pledges1 law of1 #bd #eh-fg 444 ,prayaschitta1 ,introd4 x 444 444 ,prescription or usucapion1 law of1 #ae #bd-bh #be-cd ,prices1 regulated by the sovereign1 #fi #bea 444 process to determine1 #gj #bec 444 ,priority1 its importance in gifts1 pledges and sales1 #ae #bc 444 ,procedure1 the four steps in1 #aj #e-h 444 ,profits1 how calculated1 #fi #bea1b 444 ,prohibited articles1 forfeited if sold1 #ga #bfa 444 ,proof1 absence of1 fatal to suit1 #ad #ai 444 of part sometimes sufficient1 #ad #bj 444 of three kinds1 #ad #bb 444 ,property1 how divided1 #ch #aag-abf 444 stolen1 cannot pass by sale1 #eb #afh 444 lost or stolen1 how to be dealt with1 #ec #afi 444 lost1 claim to1 how supported1 #ec #aga 444 of one dying in foreign country1 succession to1 #gb #bfd 444 ,punishment1 a monarch's duty1 #e #cec 444 ,brahma created in form of1 #e #cec 444 impartiality in1 #e #ceg 444 how apportioned1 #h #cff1g 444 ,purchase1 time allowed for trial of different articles on1 #ea #agg 444 ,purchaser cannot recede from his bargain1 #gj #beh 444 ,purloiners and cut-purses how to be treated1 #gd #bgd 444 ,puttrika-suta1 #da 444 #aea ,r4 ,rakshasa marriage1 #da 444 #aej ,realm1 why called seven-limbed1 #e #ceb 444 ,receipt to be given for payments1 #cc #ic 444 ,reunited sharers1 as to partition among1 #de #ach1i 444 ,rites of the twice-born1 #d #aj 444 ,rituals of younger brothers and sisters to be completed by the elder1 #dj #abd 444 ,s4 ,sahasa1 #fe #bcj 444 ,sale and purchase1 rules as to1 #gj #bdf-beh 444 ,sastras1 ,dharma1 promulgators of1 ,introd4 v #b #d1e 444 ,self-acquired property not divisible on partition1 #ch #aah 444 ,seller failing to deliver pays damage1 #gj #bed 444 of lost or stolen property1 #ec #afi1gj 444 ,separation of a brother not desiring to share1 #cg #aaf 444 ,servant1 inattentive1 how master may treat1 #ei #aie 444 ,sisters1 rituals of1 to be performed by brothers1 #dj #abd 444 ,slavery and servitude1 analysis of1 #ef 444 #bci when redemption from1 a right1 #ee #ahb 444 to be in the order of casts1 #ef #ahc 444 ,smriti1 #c #g #i ,sodomy #gg #bic 444 ,sons1 description of the twelve1 #dj #abh-acb 444 the first in order to be heir1 #dc #acb 444 of a slave-mother by a ,sudra1 #dc #acc 444 by mothers of different cast1 how to share1 #dj #abe 444 lawfully begotten on another's wife1 #dj #abg 444 ,special pleading1 #aa #ag #ag ,sruti1 #c #g #i ,stolen property1 monarch to restore1 #ai #cf 444 ,stridhana1 definition of1 #df #adc 444 succession to1 #ch #aag 444 where no issue1 #dg #ade 444 when may be appropriated by husband1 #dg #adg 444 ,subornation1 #ca #ha 444 ,sudra1 son of1 on a slave1 #dc #acc 444 ,sureties1 by parties to a suit1 #aa #aj 444 who may not be1 #bc1fg #eb1bci 444 for what may be given1 #bc #ec 444 when sons of1 liable1 #bc #ed 444 liabilities and reimbursement of1 #bc #ee1f 444 ,t4 ,theft1 when village governor c4 liable if not traced1 #gc #bga1b 444 punishment of1 variations in1 #gd #bgc-e 444 accessory after1 #gd #bgf 444 ,thief1 capture of1 on suspicion1 #gb #bff-i 444 ,threats of injury1 #fb #bjh1i 444 ,title and possession1 #ag #bg-bi 444 ,traders1 #fh #bdd-bfb 444 ,treasure found1 how appropriated1 #ai #cd1e 444 concealment of1 punishable1 #ai #ce 444 ,twice-born man1 may appropriate grass1 fuel1 and flowers1 #eb #aff 444 why so called1 #d #ci 444 ,u4 ,untruth in testimony to save life1 how atoned for1 #ca #hc 444 ,upanidhi1 #bf #fe 444 ,usage1 when argument founded on1 of force1 #ad #ba 444 ,use or hire of various things1 what to be given for1 #bd #eg 444 ,uterine brothers1 their preferable position1 #de #ach1i 444 ,v4 ,violent aggression or ,sahasa1 #ff #bcj 444 ,violence on female slaves1 #gg #bia #bgg ,virgin1 abduction of1 #gf #bhg 444 ravishing1 #gg #bhh 444 ,vyavahara1 ,introd4 x 444 444 ,w4 ,wager1 collateral to suit1 enforced1 #ac #ah 444 at fighting games1 rules as to1 #fa #bjc 444 ,well1 digging of1 encouraged1 #ej #aef 444 ,weights1 tables of1 #f1g #cfa-d #bi false declaration of1 penalty for1 #ga #bfb 444 ,widow1 whoever takes1 must pay former husband's debts1 #bb #ea 444 ,wife's share1 on partition by her husband among his sons1 if no stridhana1 #cg #aae 444 ,wife1 ,dharma1 #da 444 #aej ,wife's son1 #dadf #abhada 444 ,wives of those disqualified to inherit1 #df #adb 444 ,wife1 superseded1 how compensated1 #dh #adh 444 ,witness1 when one sufficient1 #bh #gb 444 contumacious1 #cj #gf1gh 444 false1 #ca #ha 444 when permitted to speak untruth1 #ca #hc 444 when permitted to equivocate1 #ca 444 #aba who proper to be1 #bg #fh-i 444 who admissable as1 #bh #gj-a 444 exceptions to incompetency of1 #bh #gb 444 how to be warned by the judge1 #bi #gc-e 444 how to test credit of1 #cj #gh-hj 444 ,women1 crimes of1 #ge #bgh1i 444 vilifying1 #gg #bhi 444 public1 #gg #bib 444 ,workman1 deserting his work1 #ei #aic 444 to have charge of the implements1 #ei #aic 444 hire of1 terms of1 to be pre-arranged1 under penalty1 #ei #aid 444 how to be paid where two employed1 #ei #aif 444 ,wounding1 punished by the highest fine1 #ge #bgg 444 ,y4 ,yajnavalkya1 data for fixing when his code promulgated1 ,introd4 x 444 444 ,yogis1 #a 444 #a