HotFreeBooks.com
Hindu Law and Judicature - from the Dharma-Sastra of Yajnavalkya
by Yajnavalkya
Previous Part     1  2
Home - Random Browse

The Artha Sastra is to be found in the writings of Usanas, of Brihaspati and others.]

[Footnote 64: A special-pleading signification is given to this dogma by the Commentator: viz.

"In questions of debt, &c., though the prior act have been proved, yet a second act may be more important; e.g. if one prove that another by borrowing has incurred debt, and the other prove that the money borrowed has been repaid." (M.)]

[Footnote 65: The word in the original is, acceptance: but this is evidently used as the concluding act of the transaction referred to, scil. gift.]

[Footnote 66: e.g. if one, for a consideration, pledge a field to another, and then pledge the same field to some one else, also for a consideration—the first act is the valid one. (M.)]

[Footnote 67: Sir Wm. Jones and other learned persons would seem to have restricted the term here used (pashyati) to personal knowledge by sight; but it comprehends every mode of personal and actual observation or discovery.]

[Footnote 68: who has no legal connection with it. (M.)]

[Footnote 69: The Commentator quotes Narada, scil. "The guilty one who holds possession without title, for even many hundred years, should be punished by the monarch as a thief"—and he endeavours to reconcile with this the law of Yajnavalkya, by confining the latter to the fruits or profits of the land withheld. But this construction cannot be admitted. There is a curious document germane to the subject of this sloka copied in the official notes of Sir Robert Chambers (Chief Justice of the Calcutta Supreme Court) in July 1791. It is a letter from Sir William Jones to the Governor of Bombay upon the Hindu title by adverse possession or prescription. Sir William writes, that the doctrine of the Mitakshara is; "An absolute property may be acquired in land by continued and undisputed possession for twenty years, in the presence of the owner, provided that the possessor came in by a fair title, either by descent or purchase; if he had no fair title, the intermediate profits only are irrecoverable, but the property is not lost." And he concludes; "I only add for your further satisfaction, that, if three descents have happened since the first possession, without a fair title, property is lost, even though the owner was absent; but if three descents have not been cast, an adverse possession for a hundred years gives an absolute property in the land to the possessor, unless the owner was under some legal disability." These may have been the modifications of a later age: they are not to be found in Manu or in Yajnavalkya. Manu ch. 8, sl. 147, &c.]

[Footnote 70: any thing delivered for safe-keeping, its quality and quantity being made known. (M.)]

[Footnote 71: explained infra, sloka 65.]

[Footnote 72: The word literally or usually means "takes away"; and the Commentator explains—where a pledgee retains and refuses to give back the pledge, relying upon his long possession. The &c. refers to the other exceptions in sloka 25.]

[Footnote 73: The Commentator considers the force and intent of this qualification to be, to make the fine commensurate with the usurper's means, with a view rather of enhancing it to the wealthy than of moderating it to the poor, who are perhaps less likely to offend in this wise.]

[Footnote 74: gift, sale, &c. (M.)]

[Footnote 75: as proof of ownership, (M.) Manu, ch. 8, sl. 200.]

[Footnote 76: for three generations. (M.)]

[Footnote 77: Possession is proof when attended with five incidents; a title, length of time, continuance, absence of counter-claim, knowledge of the adverse party. (M.)]

[Footnote 78: This qualification is the Commentator's.]

[Footnote 79: Between this and the succeeding sloka another is introduced in the text of the Calcutta edition; viz. Possession accompanied by a clear title is proof; possession unaccompanied by a clear title is no proof.—We have omitted this, because the Commentator quotes it as a saying of Narada, and because it is not found (as vouched by professor Stenzler) in either of the M.S.S. in the Berlin Royal Library.]

[Footnote 80: scil. as directed in sloka 2.]

[Footnote 81: By a community (puga) is meant, the body of inhabitants of any village or place, without reference to cast or occupation. (M.)]

[Footnote 82: A guild (sreni) signifies those of one calling, whether of the same cast or not. (M.)]

[Footnote 83: Literally "before, before," which implies their successive rank and importance, i. e. that an appeal lies from the family to the guild, and so on.]

[Footnote 84: Literally "outside." The Commentator explains it—outside of the town, &c.]

[Footnote 85: artta out of health; evidently meaning here, the victim of disease so as to be unfit for the business of life.]

[Footnote 86: The word (vyasani) may also be rendered, suffering calamity; and the Commentator explains the use made of it in the text to be, a person who is unhappy either by reason of the absence of the object of his desire or by reason of the presence of what is disagreeable to him. We have however preferred the alternative meaning which the word admits of.]

[Footnote 87: &c., i. e. paralysed by any cause or emotion whatever. See Manu, ch. 8, sl. 163.]

[Footnote 88: by public officers and delivered to the king. (M.)]

[Footnote 89: The Commentator considers the treasure-trove here alluded to, to be buried wealth, of which there is no claimant.]

[Footnote 90: Manu, ch. 8, sl. 37, 38.]

[Footnote 91: The Commentator explains—of the whole world!]

[Footnote 92: i. e. by any other than the monarch or a learned brahman. (M.)]

[Footnote 93: The Commentator (referring to Vasishtha and Gautama) reads this,—the finder shall take a sixth, the monarch the residue—such being the converse of the plain language used.]

[Footnote 94: Manu ch. 8, sl. 40: in which, to the monarch who fails to make restitution is imputed the guilt of the thief. Sir Wm. Jones' translation of this passage is too indefinite.]

[Footnote 95: i. e. The brahman borrower gives two hundredths, the kshattriya three hundredths, &c. (M.) But Jagannat'ha, in his Digest (Colebrooke, B. 1, c. 1, s. 28) interprets the text inversely, viz. the brahman creditor takes two suvarnas in a hundred, the kshattriya three, and so on. Manu, ch. 8, sl. 140-142.]

[Footnote 96: where there is risk of life or property. (M.)]

[Footnote 97: as well brahmans as others, (M.) Manu ch. 8, sl. 157.]

[Footnote 98: scil. Notwithstanding the above provisions of the law, where nothing is expressly stipulated, whatever interest is contracted for must be given and taken.]

[Footnote 99: oil, ghee, &c. (M.)]

[Footnote 100: Manu enumerates five modes of enforcing or recovering a debt; persuasion, law-suits, artifice, worrying, force: ch. 8, sl. 49.]

[Footnote 101: as a fine. (M.)]

[Footnote 102: to defray the cost of adjudication. (M.)]

[Footnote 103: This includes one of equal cast (M.) Manu ch. 8, sl. 177; also ch. 9, sl. 229.]

[Footnote 104: in conformity with the usages of his class. (M.)]

[Footnote 105: This includes every debtor of superior cast to the creditor. (M.)]

[Footnote 106: This rule of course (as observed by the Commentator) includes the head or manager of the family himself, if alive. Manu, ch. 8, sl. 166.]

[Footnote 107: for drinking. (M.)]

[Footnote 108: e.g. what is promised to a flatterer, a mountebank, a panegyrist, a prize-fighter, &c. (M.) Manu ch. 8, sl. 159.]

[Footnote 109: The Commentator explains this to mean, an acknowledgment by the husband on his death-bed or when about to go abroad.]

[Footnote 110: Colebrooke's translation of this passage adds "or son," but this is unauthorised either by the text or the Commentary.]

[Footnote 111: The Commentator adduces in illustration, his being afflicted with incurable disease.]

[Footnote 112: and this, notwithstanding they are wholly without patrimony or estate derived from their father. (M.)]

[Footnote 113: that there is such a debt.]

[Footnote 114: capable of inheriting and managing. (M.)]

[Footnote 115: i. e. marries.]

[Footnote 116: This is the reading sanctioned by the Commentator, viz. putro' nanya'sritadravyah, signifying, that, on failure of those before designated, a son who would be otherwise incapable, by reason of blindness, &c. is to be deemed capable. Another reading may be, as suggested by the Commentator, putro nu'aya'sritadraoyah, "not the son whose paternal estate another holds," which is adopted by Colebrooke, and by his author, Jagannat'ha, (Dig. B. 1, ch. 5, s. 171)]

[Footnote 117: e.g. "Give such a one money, he will not deceive you; he is the son of such a one." (M.)]

[Footnote 118: "If he do not pay, I will." (M.)]

[Footnote 119: Manu ch. 8, sl. 160-162.]

[Footnote 120: metaphorically in the original "If all stand under the same shade:" The Commentator explains.]

[Footnote 121: lit. "publicly."]

[Footnote 122: as of a field, garden, &c. (M.) Manu, ch. 8, sl. 143.]

[Footnote 123: fire, water, &c. (M.)]

[Footnote 124: The Commentator excludes from this exception a culpable act of the monarch, but the text is general.]

[Footnote 125: Even though there be a written memorial of the pledge, and attested; yet, without actual acceptance and possession, it is incomplete. (M.)]

[Footnote 126: charitrabandhakam. charitra (the mode or the subject of pledge) is defined by the Commentator to be either, moral worth, or, the merit earned by performance of religious rites, such as ablution in the Ganges, &c. We have rendered it as the mode, not subject, of pledge. See Jagannat'ha's Digest (Colebrooke), Bk. 1, ch. 3, sec. 2, text cxxiv.]

[Footnote 127: Receiving on one's plighted word (satyankara) signifies, borrowing on a solemn promise to repay. The application is,—where, at the time of handing over the pledge, it was expressly declared by the debtor, that the loan should be repaid, even if increased to two-fold the original sum, and the pledge not abandoned; in such case also, the debtor should be made to repay twice the amount of the debt contracted.(M.)

The Commentator adds another meaning or application of the latter words of this sloka, in which, reciting the first part, viz., pledging upon the guarantee of character, or, a pledge of religious merit, he goes on to say—It is here laid down, that one who receives on his word, scil. words ratifying a bargain of sale and purchase, &c., for instance, receiving a gold ring, &c., as earnest, shall be made to repay twice the value of the thing so given, on breach of the contract: if the party depositing the ring, &c., break off the bargain, he forfeits what he gave as earnest; if the other party break off, he is to be compelled to refund double the value of the earnest received by him.]

[Footnote 128: punishable as a thief. (M.)]

[Footnote 129: to one of the family who is a fit person. (M.)]

[Footnote 130: The Commentator implies, that where the usufruct has done more than this, still the transaction is closed by return of the pledge.]

[Footnote 131: Manu, ch. 8, sl. 180.]

[Footnote 132:90 ibid, sl. 189.]

[Footnote 133: yachita, e.g. ornaments, clothes, &c. lent on occasion of festivals. (M.)]

[Footnote 134: anvahita. We have followed the Commentator in translating this indefinite term.]

[Footnote 135: This qualification too is the Commentator's. The term used nyasa is simply, a deposit.]

[Footnote 136: which are those given in the presence of (i. e. personally to) the depositee. (M.)]

[Footnote 137: such as gold &c. given to be worked (M.)]

[Footnote 138: tapaswi, the third in rank of the Hindu religious orders.]

[Footnote 139: The four objects of living being, in the creed of the Hindu, virtue, wealth, pleasure, and final liberation of the soul.]

[Footnote 140: Manu, ch. 8, sl. 62, 63.]

[Footnote 141: The terms used are jati and varna which are somewhat ambiguous; but the sense is evidently as rendered, and is so explained by the Commentator. Manu adds,—Women should be witnesses for women, ch. 8, sl. 68.]

[Footnote 142: i. e. if the regular and more appropriate witnesses are not available. (M.)

After sloka 69 the Calcutta edition has the following:—Those learned in the Vedas, ascetics, the aged, devotees, and the like, are incompetent witnesses, because so declared by law; no other ground [of incompetency] is assigned.

We do not insert this additional sloka for the reasons stated in note [79] supra.]

[Footnote 143: of not less than eighty years.(M.)]

[Footnote 144: possessed of devils. (M.) The expression used by the Commentator may be also translated—under planetary influence.]

[Footnote 145: which the Commentator explains nirgranthi prabhritayah, by which probably are indicated those of the Hindu community who disbelieve the Vedas, e.g. the Jains.]

[Footnote 146: the slayer of brahman, and such heinous criminals. (M.) Manu ch. 11, sl. 54. See Note [155].]

[Footnote 147: of either party. Perhaps this might be rendered, partisans, or, allies.]

[Footnote 148: Said by the Commentator to allude to notorious liars.]

[Footnote 149: scil. as found in the other Smritis. The Commentator (quoting Narada) gives a more detailed account of persons excluded or exempt from giving testimony. Manu ch. 8, sl. 64—67.]

[Footnote 150: a fortiori two persons, (M.)]

[Footnote 151: or, who knows the Dharma.]

[Footnote 152: The Commentator excludes from this enabling exception those under moral (not merely arbitrary or conventional) disability, as, criminals. Manu, ch. 8, sl. 72.]

[Footnote 153: also, murder. (M.)]

[Footnote 154: parushya and sahasa: v. supra in notes [9] et [11].]

[Footnote 155: Who these are is described by Yajnavalkya, in the third book, scil.

sl. 227. The slayer of a brahman, the drinker of what intoxicates, the thief, one who violates his guru's bed, are great criminals—also, whoever associates with such persons.

sl. 228. Grossly to revile one's guru, speaking reproachfully of the Vedas, to slay a friend, after reading from the Veda to forget it,—these [sins] are like to the murder of a brahman.

sl. 229. To eat forbidden food, a crooked insincere mode of dealing, a multitude of lying words, kissing the mouth of a menstruous woman,—these [sins] are like to drinking intoxicating liquor.

sl. 230. To steal horses, jewels, men, women, land, cows, property pledged,—these [sins] are like to the stealing of gold.

sl. 231. To debauch a friend's wife, a maiden, a sister, a woman of the lowest grade, a female relative, a son's wife,—these [sins] are recorded as equivalent to violation of a guru's bed.

sl. 232. To debauch a father's sister, or a mother's, the wife of a maternal uncle, a daughter-in-law, a step-mother, the sister or daughter of an acharya,

sl. 233. or his wife, or one's own daughter,—these are equal to violation of a guru's bed. The penalty is death, the pudenda [of the criminal] being previously amputated. A like doom is for the woman, if she consented.

See Manu, ch. 9, sl. 235; ch. 11, sl. 54—58, sl. 170—180.

As to the guru and acharya, the following is the 34th sloka of Yajnavalkya's first book:—He is a man's guru, who, after going through the ritual, imparts to him the Veda: he is acharya, who invests with the sacred cord and then imparts the Veda.]

[Footnote 156: Manu, ch. 8, sl. 89 &c.]

[Footnote 157: guni, referring not merely to personal qualities or eminence in virtue, but to possession of wealth, sons, and learning: so explained by the Commentator.]

[Footnote 158: Manu, ch. 8, sl. 73.]

[Footnote 159: The Commentator explains this to refer to the fine which would be payable on failure (supra sl. 11).]

[Footnote 160: out of the realm. (M.) Manu, ch. 8. sl. 119-124.]

[Footnote 161: supra, sl. 73.]

[Footnote 162: The Commentator adds—If the brahman, or any of the other casts, cannot pay the fine, he must suffer imprisonment and the labour proper to his cast. He explains the enormity of the offence described in this sloka to consist in the contempt of Court.]

[Footnote 163: i. e. if, by such untruth, the death be averted. If from testimony either way, the alternative of the death of the plaintiff or defendant must ensue, the witness should maintain silence, the monarch assenting. In case the monarch do not assent, the testimony may be rendered of no avail by confusing the witness: if this cannot be effected, then let the truth be spoken; for by so doing one fault only is incurred, viz. causing the death, whereas from untruth would arise the sin of it as well as of the death. (M.)]

[Footnote 164: Manu, ch. 8, sl. 104, 105.]

[Footnote 165: &c. i. e. his property, tribe, calling, customs, &c. (M.)]

[Footnote 166: Manu, ch. 8, sl. 168.]

[Footnote 167: literally "by three only," explained by the Commentator as above rendered.]

[Footnote 168: the Commentator considers the &c. here to signify, testing the handwriting of the writers or amanuenses employed.]

[Footnote 169: i. e. consideration of place, time, and persons connected with possession of the document. (M.)]

[Footnote 170: The Commentator divides written instruments into, 1. public or given by authority, and, 2. private, or those which the community use among themselves, and to which the rules in the text apply. These again are either, autograph, i. e. wholly written by the party who speaks by the document—or, written by another for him. The last description, he says, require to be attested, and their effect as proof depends upon local usage. He quotes Narada as to the private writings. For the instruments emanating from authority, he refers to sl. 317, 318, 319 of Yajnavalkya's first Book, viz.

"When the monarch bestows lands or creates a charge in favor of any one, he shall, for information of future good monarchs, put it in writing, either on cloth or copper, setting his seal thereto. He shall inscribe the names of his ancestors and his own [also the donee's (M.)], the extent of the gift, its description by boundaries, also the date; all this shall be authenticated under his hand." ]

[Footnote 171: This word in the 94th sloka we have rendered 'discharge.' Its ordinary and literal sense is 'purification.']

[Footnote 172: scil. ordeals. (M.)]

[Footnote 173: the ocean god.]

[Footnote 174: the inferior Brahma, the immediate cause or creator of the universe.]

[Footnote 175: It is only of self-acquired property that unequal partition can be made. Of that which is inherited or ancestral, there is co-ownership: it cannot therefore be apportioned at the father's pleasure. (M.) Infra sl. 121.]

[Footnote 176: Jagannat'ha, in his Digest, quotes the Dipakalika and other authorities interpreting this injunction to refer to such wives only as have not male issue. (Colebrooke, vol. 3, p. 97.)]

[Footnote 177: Something, however valueless; in order that the heirs of the separated son may have no claim to a share of the family inheritance, (M.) Manu, ch. 9, sl. 207.]

[Footnote 178: For instance, if one son have a large family, or be disqualified to earn a livelihood, the father may give him a portion larger than the others. But an unequal partition from angry impulse, or weak-mindedness, has no validity. (M.)]

[Footnote 179: Manu, ch. 9, sl. 104. Whenever the father wishes, is one of the ordained periods for partition; the second is, when the father has renounced worldly enjoyment and the mother is past child-bearing; and this partition may be enforced (according to Narada) at the son's desire, though the father object. Partition should also be made, the son desiring it, if the father lead a vicious life, or be suffering under incurable disease; even though the mother's menstruation have not ceased. The third period for partition is, the father's decease. (M.) Manu divides,—to the eldest two aliquot parts, to the second son one and a half, and to each succeeding son a single part. The Commentator asks, why that division was not adhered to; and he solves his own question by the remark, that it was disliked by the people, and therefore rightly abandoned. This position he supports by several quotations, and by allusion to the abolition or non-observance of other ancient ordinances, e.g. the raising up of male heirs by the brother of the husband or others.

It is an obvious reflection, that the altered law of distribution is one of the few instances in the Hindu economy where an innate feeling of natural equality has overcome or superseded arbitrary rule—and further, that the change has been brought about by the pressure of the old law upon the privileged casts, who, in common with others, were affected by it.]

[Footnote 180: Manu, ch. 9, sl. 206, 208.]

[Footnote 181: When the recovered properly is land, he who obtained it shall take a fourth part, the remainder to be equally divided. (M.) The Commentator supports this view by the authority of Sankha. Manu, ch. 9, sl. 209.]

[Footnote 182: Supra, Book 1, sl. 3.]

[Footnote 183: Manu, ch. 9, sl. 215.]

[Footnote 184: The Commentator refers, in explanation of this sloka, to Manu, ch. 9, sl. 216, viz. A son born after a division shall alone inherit the patrimony [i. e. the share allotted to the parents (M.)], or shall have a share of it with the divided brethren, if they return and unite themselves with him.—With respect to the deduction for expenditure, &c., the Commentator explains, that the accumulations of mere income are not to be included in the estate to be repartitioned, and that a previous deduction is to be made for necessary expenditure, e.g. the father's debts.]

[Footnote 185: but, if she have stridhana, only a half share. (M.)]

[Footnote 186: Manu, ch. 9, sl. 118.]

[Footnote 187: These varying proportions ofcourse apply only where there are several mothers of differing casts. Manu, ch. 9, sl. 148-157.]

[Footnote 188: or escaped notice altogether. (M.) Manu, ch. 9, sl. 218.]

[Footnote 189: Manu, ch. 9, sl. 59, 145, 167, 190.]

[Footnote 190: But if the actual father have already a son, his son by another's wife is not his heir. (M.)]

[Footnote 191: aurasa is from uras 'the best,' being the first in order of sons.]

[Footnote 192: dharma wife is defined by the Commentator, a wife of the same cast with her husband, and wedded to him according to the brahma and other approved forms of marriage; which are described in the first book, sl. 58-61, viz. "In the marriage called brahma, [the bride], adorned in a manner suitable to the means [of her family], is bestowed upon the invited bridegroom,—In the daiva [marriage, the bride is made over] to the priest whilst offering sacrifice: arsha [marriage], is where [the bride's father] receives a pair of kine.—In the kaya [marriage, the bride] is delivered to the suitor with the injunction, Together practise the rules of duty! In the asura [marriage], wealth is received [from the bridegroom]. Gandharva is [a union in marriage] by mutual consent [of the parties]: the rakshasa [marriage], is by capture [of the woman] in war: the paisacha [marriage, where she is obtained] by deception." Manu ch. 3, sl. 20 et. seq.]

[Footnote 193: scil. according to Vasishtha, such as, by agreement between father and son-in-law, at the time of the daughter's marriage, has been, by anticipation, given up to the father. (M.) And the Commentator notes, that the term used, puttrikasata, may be also rendered or understood 'daughter as a son' i. e. a daughter appointed or placed in the same position and with the same rights as a son.]

[Footnote 194: sagotra.]

[Footnote 195: it being merely known that the father is a man of the same cast, not who he is. (M.)]

[Footnote 196: privately, in the father's house. (M.) Manu adds the condition, if she marry her lover; ch. 9, sl. 172.]

[Footnote 197: Manu, ch. 9, sl. 175.]

[Footnote 198: This is permitted to a man of the same cast, in time of distress; but only where there are several sons: the eldest cannot be bestowed as a gift-son. (M.) Manu, ch. 9, sl. 168.]

[Footnote 199: The Commentator explains, that this can only be on the same conditions as the given or gift son. Manu, ch. 9, sl. 174.]

[Footnote 200: having lost his parents, or being abandoned by them. (M.) We have some doubt of the Commentator's meaning: here as the alternative includes a separate head and description, viz. (xii) in the succeeding sloka. The word rendered 'abandoned' literally signifies 'liberated,' 'set free;' so the meaning may be,—one who is left free to choose for himself.]

[Footnote 201: Manu, ch. 9, sl. 173.]

[Footnote 202: ibid. sl. 171.]

[Footnote 203: pinda, which literally signifies any round substance. The cake is a compound, in form of a ball, given as an offering to the dead.]

[Footnote 204: The Commentator quotes Vasishtha—If a son be adopted, and afterwards an aurasa be born, the former takes a fourth part—and deduces from this, that a son of any inferior grade receives a fourth share when superseded by an afterborn aurasa.]

[Footnote 205: Manu, ch. 9, sl. 179.]

[Footnote 206: pitarau. First the mother, then the father—says the Commentator. But Manu, ch. 9, sl. 185:—If a man die without male issue, the father is heir; next to him in order, the brothers—and, sl. 217—If a man die childless, his mother succeeds.—Such is the contradictory character of texts and comments on this subject. The law in use in Bengal is the reverse of the Commentator's gloss.]

[Footnote 207: first, of the whole blood; then, half-brothers. (M.)]

[Footnote 208: as representing their respective fathers. (M.)]

[Footnote 209: family; kindred of the same stirpes or stock. These are thus detailed by the Commentator;

1. paternal grandmother,

2. paternal grandfather,

3. paternal uncles,

4. sons of the uncles,

on failure of paternal grandfather's line, then,

5. paternal great-grandmother,

6. paternal great-grandfather,

7. their sons,

8. their sons' offspring.

All of whom (proceeds the Commentator) are sapindas, connected by food oblations. If they fail, then follow those connected by the water oblation only, viz. seven degrees in the ascending line beyond sapindas, i. e. samanodacas.]

[Footnote 210: divided by the Commentator into three classes, viz.

1. of one's self, 2. of one's father, 3. of one's mother; as, the sons of a father's or of a mother's sister, or a maternal uncle (one's own kin)—the sons of a father's paternal or maternal aunt, or a father's maternal uncle (a father's kin)—and those in the same relation to a mother.]

[Footnote 211: sa-brahmachari, one instructed together with him in his religious duties. This head applies only to the first three classes, those invested with the sacred cord.]

[Footnote 212: as distinguished from the temporary brahmachari or religious student, which all of the twice born classes should be, in youth.]

[Footnote 213: who, having been separated, again holds his property in community with those from whom he had separated. Such reunion is permitted only with the father, the brothers, and the paternal uncle. (M.)]

[Footnote 214: This participle has a masculine termination; and the ellipsis is supplied from the Commentator.]

[Footnote 215: This is rather the paraphrase of the Commentator: the text is very obscure. Yajnavalkya in these two verses promulgates, according to the Commentator, the following law. A wife or a daughter or a mother shall not be entitled (under a preceding rule) to take the heritage, when there has been a reunion, after separation, of male members of the family; and of course where there has been no division. In the case of united brothers, where there is a full brother in the union, he takes the property, in preference to a half-brother; but, if the half-brother be united and the full brother separate, the two will divide the property between them. When, of many full brothers, some live united and others separate, those united will have the preference. If there be half brothers, as well as full brothers, in the union, the former take nothing; but all full brothers, living separate, share with one or more united half-brothers. Where the brothers all live separate the rule will of course not apply.]

[Footnote 216: i. e. according to the Ratnakara, a son born after his degradation from cast.]

[Footnote 217: scil. hermits, devotees, one who is his father's enemy, one guilty of a crime of minor degree, one deaf or dumb, one deprived of an organ of sense. (M.)]

[Footnote 218: supra sl. 128 (III).]

[Footnote 219: such as described sl. 140. (M.)]

[Footnote 220: if there be no sons. (M.)]

[Footnote 221: These three slokas are analogous to Manu, ch. 9, sl. 201, 2, 3.]

[Footnote 222: scil. acquisitions by inheritance, purchase, partition, gift, finding. (M.)]

[Footnote 223: supra, note[192]]

[Footnote 224: asura, gandarbha, rakshasa, paisacha.]

[Footnote 225: i. e. if she die without issue. (M.)]

[Footnote 226: without just cause. (M.) Yajnavalkya himself suggests as a sufficient cause, a more eligible bridegroom offering; B. 1, sl. 65.]

[Footnote 227: if he have no other means. (M.)]

[Footnote 228: The Commentator and other authorities interpret arddha in this place to signify, such proportionate part as shall make the entire stridhana of the first wife equal to that of the second.]

[Footnote 229: and further, by enquiry as to the mode of performing religious rites in the family. (M.)]

[Footnote 230: Explained by the Commentator such as are free (as aged men are presumed to be) from the trammels of worldly occupation and of passion.]

[Footnote 231: Manu, ch. 8, sl. 258—262.]

[Footnote 232: the remains of burnt fuel. (M.)]

[Footnote 233: of rice. (M.)]

[Footnote 234: stones or other landmarks. (M.)]

[Footnote 235: Manu, ch. 8, sl. 246—252.]

[Footnote 236: i. e. if none of the means indicated in the previous sloka are available. (M.)]

[Footnote 237: Manu, ch. 8, sl. 254—258.]

[Footnote 238: ibid, sl. 263.]

[Footnote 239: ibid, sl. 265.]

[Footnote 240: and towns. (M.)]

[Footnote 241: Manu, ch. 8, sl. 262.]

[Footnote 242: The Commentator describes a boundary as a strip or border (a party-ridge) of land, used in common. The breaking therefore must mean some material alteration of this border. Overstepping, the Commentator describes to be cultivating beyond the boundary.]

[Footnote 243: or house or garden, &c. (M.)]

[Footnote 244: scil. reddendo singula singulis, the lowest fine for breaking, the highest for overstepping, the medium for wrongful appropriation. Manu, ch. 8, sl. 264; ch. 9, sl. 291.]

[Footnote 245: or similar constructions, as a tank, &c. (M.)]

[Footnote 246: semble, the landowner. The Commentator throws no light on this ambiguity.]

[Footnote 247: or any other crop. (M.)]

[Footnote 248: a masha is the twentieth part of a copper pana. (M.) Supra pa. 7.]

[Footnote 249: Manu, ch. 8, sl. 241.]

[Footnote 250: no penalty therefore or liability. (M.)]

[Footnote 251: being an open field. (M.)]

[Footnote 252: Manu, ch. 8, sl. 237, 8, 9.]

[Footnote 253: let loose to propitiate the gods. (M.)]

[Footnote 254: wanderers from a distant herd. (M.)]

[Footnote 255: scil. other animals, as elephants, horses, &c. (M.)]

[Footnote 256: Manu, ch. 8, sl. 242.]

[Footnote 257: i. e. counting them. (M.)]

[Footnote 258: Manu, ch. 8, sl. 232.]

[Footnote 259: for oblations to the gods. (M.) Manu does not expressly restrict this privilege to the twice-born; ch. 8, sl. 339.]

[Footnote 260: This term (literally 'a bow') is a land measure, equivalent to the modern oottah or four hats.]

[Footnote 261: These three are in progressive increase: the first is, a mere village; the second, the central or sudder station of several villages; the third, a town of more extended population and importance. Manu, ch. 8, sl. 237.]

[Footnote 262: or which has been given away, or pledged, by a stranger without right. (M.) Manu, ch. 8, sl. 199.]

[Footnote 263: scil. one destitute of property. (M.) The expression in the text is applicable to any whose position or lack of means might justify a suspicion that he had not come honestly by the goods.]

[Footnote 264: the man who sold or assigned it to him. (M.)]

[Footnote 265: or stolen, or given in pledge. (M.)]

[Footnote 266: Supra, sl. 27.]

[Footnote 267: Inasmuch as he abets concealment of the thief or wrongdoer. (M.)]

[Footnote 268: Manu, ch. 8, sl. 30. The Commentator accounts for the discrepancy between the two law-givers by supposing Manu to have alluded to the property of learned brahmans only.]

[Footnote 269: This fine is considered by the Commentator a consideration or indemnity for safe keeping, and an exception to the rule laid down by Manu, ch. 8, sec. 33.]

[Footnote 270: Colebrooke's rendering of this sloka (Digest ch. 4, sec. 1, Sec.16,) differs from ours, which however we consider to be the correct signification of the text before us.]

[Footnote 271: Manu, ch. 8, sl. 222.]

[Footnote 272: The Commentator explains this to refer to slaves.]

[Footnote 273: Supra, p. 7.]

[Footnote 274: These facts are related, says the Commentator, as an index to or test of the honesty of metal-workers.]

[Footnote 275: Made into coarse thread. (M.)]

[Footnote 276: This sloka, as appears from the Commentary, is in allusion to the loss on working or manufacture of textile fabrics mentioned in the previous slokas.]

[Footnote 277: or given or pledged. (M.)]

[Footnote 278: The slavery or servitude being to secure or work out a debt.]

[Footnote 279: e.g. a brahman cannot be slave to a kshattriya. Manu, ch. 8, sl. 410—15.]

[Footnote 280: scil. medicine or handicraft. (M.)]

[Footnote 281: The Commentator thus explains and analyses the subject of servitude or working for others:

There are two descriptions of persons who serve. I. Those whose employment is of a respectable kind. II. Those whose employment is not so. The first division he subdivides into—1, the disciple; 2, the apprentice; 3, the workman; 4, the overseer.

The disciple is the student of the vedas; the apprentice is one learning an art; the workman is one who is paid for his work; the overseer superintends workmen. There are three sorts of workmen—1, soldiers; 2, husbandmen; 3, they who bear burdens.

II. The other and meaner description of employment is performed by slaves, scil. cleaning the house, cleaning away filth, &c.

Slaves, the Commentator subdivides, according to their origin and mode of enslavement, into fifteen classes, scil.

1. A born slave of the house.

2. A purchased slave.

3. One [otherwise] acquired e.g. by donation.

4. One obtained by inheritance.

5. One rescued from starvation during a famine.

6. One received in pledge.

7. One who becomes a slave to discharge a debt.

8. A captive in war.

9. One whose freedom has been lost by wager.

10. A volunteer slave.

11. An apostate from the condition of a pravajita or religious mendicant.

12. A slave for a prescribed term.

13. A slave for subsistence sake.

14. One enslaved by espousing a woman who is a slave.

15. One who has sold himself.]

[Footnote 282: scil. duties prescribed by the Sruti and Smriti, according to their cast and grade. (M.)]

[Footnote 283: such as, tending cattle, conservation of water, care of temples, &c. (M.)]

[Footnote 284: scil. to entertain travellers, or injunction to see that horses or other provision be not furnished to the enemies of the State. (M.)]

[Footnote 285: i. e. for a heinous offence: for minor offences, fines, as declared by Manu, shall be imposed. (M.) Manu, ch. 8, sl. 220, is probably here referred to.]

[Footnote 286: The term used hitavadi signifies, who speak for the welfare of; which we assume to have the sense we have given to it.]

[Footnote 287: Supra bk. 1, sl. 365.]

[Footnote 288: Supra note[282]]

[Footnote 289: Lassen, in his Indische Alterthumskunde (vol. 2, p. 238), speaking of the edicts of king Asoca (B. C. 250), which refer to pashandas, describes these as a sect who disbelieved alike in the brahminical and buddhist tenets. We have, in sloka 70, rendered the word 'infidels.']

[Footnote 290: Manu, ch. 8, sl. 41, 219, 21, 410, 18.]

[Footnote 291: ibid. sl. 215—218.]

[Footnote 292: The expression is 'servant,' as opposed to, master, or employer.]

[Footnote 293: scil. a merchant, owner of cattle, or landed proprietor. (M.)]

[Footnote 294: As, by improvident expenditure. (M.)]

[Footnote 295: Signifying plurality generally. (M.)]

[Footnote 296: Colebrooke renders this sloka differently; Dig. B. 3, ch. 1, sec. 1, Sec.65. We have adhered closely to the text.]

[Footnote 297: scil. the keeper.]

[Footnote 298: Infra sl. 267.]

[Footnote 299: But one word is used in the original, which the Commentator thus explains. The foregoing rules for gamblers and gaming must be taken to have superseded the rigid prohibition in the Dharma Sastra of Manu, ch. 9, sl. 220—228.]

[Footnote 300: Manu ch. 8, sl. 274, where the offence is much more leniently dealt with.]

[Footnote 301: The intent of these insulting allusions is obvious.]

[Footnote 302: What we have rendered 'cast' is expressed by two words in the original, varna and jati. The first is defined by the Commentator—the four casts; the second—the mixed classes or casts.]

[Footnote 303: Manu, ch. 8, sl. 267, 8, 9, 70, 276, 7.]

[Footnote 304: The Commentator instances the buttocks.]

[Footnote 305: such as tears, nails, hair, wax of the ear, &c. (M.)]

[Footnote 306: So explained by the Commentator.]

[Footnote 307: Manu, ch. 8, sl. 279, 80.]

[Footnote 308: Manu, ch. 8, sl. 284.]

[Footnote 309: The Commentator instances the tongue.]

[Footnote 310: Manu ch. 8, sl. 284, 286-7.]

[Footnote 311: i. e. each wrong doer pays the double fine. (M.)]

[Footnote 312: Manu ch. 8, sl. 287.]

[Footnote 313: or any other insensitive part, sakha.]

[Footnote 314: Manu ch. 8, sl. 297-8.]

[Footnote 315: root as well as trunk. (M.)]

[Footnote 316: scil. the mango. (M.)]

[Footnote 317: scil. 20, 40, 80. (M.)]

[Footnote 318: Manu, ch. 8, sl. 285.]

[Footnote 319: This word is commonly used to signify any violent aggression upon person or property, and is defined here by the Commentator to be, the forcibly taking away of properly either public or private. Manu, ch. 8, sl. 332.]

[Footnote 320: e.g. an acharya. (M.) Supra note[155] in fin. The injunction evidently has reference to one whose office or character entitles him to the respect and obedience of those about him, pupils or disciples.]

[Footnote 321: This may be 'his brother or his wife.']

[Footnote 322: The Commentator does not explain this description.]

[Footnote 323: scil. those of the same village or country. (M.)]

[Footnote 324: i. e. when not authorised by the 'Sastras. Supra sl. 127.]

[Footnote 325: An outcast.]

[Footnote 326: The Commentator explains this term here by digambara, which is the usual designation of a Buddha mendicant.]

[Footnote 327: as if a Sudra teach the Vedas.]

[Footnote 328: Manu inflicts 600 panas, ch. 8, sl. 389.]

[Footnote 329: Thus the Commentator supplies the ellipsis.]

[Footnote 330: instead of acting as a mediator. (M.)]

[Footnote 331: when it is agreed to decide the dispute by a wager, (M.)]

[Footnote 332: of quantity, for water, grain, &c.]

[Footnote 333: nanaka, Wilson's Ariana antiqua pa. 364. The Commentator defines this word—something stamped with an impression, as a nishka—this is a piece of gold of a certain standard or weight.]

[Footnote 334: Manu, ch. 9, sl. 232.]

[Footnote 335: i. e. who, though ignorant of the Ajur Veda sets up as a practitioner of the medical art. (M.) Manu, ch. 9, sl. 284.]

[Footnote 336: The Commentator adds 'without royal authority.']

[Footnote 337: After having summoned the accused to take his trial. (M.) This explanation shows, that the injunction applies to judicial functionaries, although in its terms general.]

[Footnote 338: literally, adds something inferior to. Manu, ch. 9, sl. 286,7.]

[Footnote 339: e. g. substituting a basket of crystals for one of jewels. (M.)]

[Footnote 340: as camphor, or musk. (M.)]

[Footnote 341: i. e. combining to buy up at a low rate some foreign merchandize, or to revend it at a dear rate.]

[Footnote 342: Manu, ch. 8, sl. 398, 401, 2.]

[Footnote 343: semble in the daily prices, purchasers and sellers respectively profiting by an increase or diminution of the tariff of prices.]

[Footnote 344: Literally, 'expenses arising out of the commodity,' which the Commentator explains to be, the cost of import, customs-duty, &c.]

[Footnote 345: The Commentator adds the condition, 'if he have not repented him of his bargain.']

[Footnote 346: According to the Commentator this rational liberty of action is not confined to traders; he instances, 'players, dancers, and the like.']

[Footnote 347: scil. for himself, separate from his partnership interest.]

[Footnote 348: The same is given by Manu; although the sovereign would appear not to have had, in those earlier days, so responsible or despotic a control of the market, ch. 8, sl. 398, 402.]

[Footnote 349: i. e. too good for a mere subject. The Commentator explains, 'jewels, &c.']

[Footnote 350: ibid. sl. 399.]

[Footnote 351: scil. where the property in the goods is disputed. (M.) Manu, ch. 8, sl. 400.]

[Footnote 352: Land tolls or duties are a twentieth, and are leviable by the king alone. (M.)]

[Footnote 353: on occasion of sraddahs, &c. Manu, ch. 8, sl. 392, where a priest for such an offence is fined a silver masha (supra B. 1 sl. 363)]

[Footnote 354: Manu, ch. 8, sl. 207.]

[Footnote 355: a land-measure, scil. 4,000 hats or cubits.]

[Footnote 356: The Commentator explains this term by quoting from Manu—"They who break into houses where a sacred fire is kept up, into arsenals, into temples—" ch. 9, sl. 276, 280.]

[Footnote 357: The subject of theft is supplied by the Commentator.]

[Footnote 358: who abstract money from the person by cutting or opening the apparel. Manu, ch. 9, sl. 277; where the third offence entails capital punishment.]

[Footnote 359: scil. trifling—such as, earthen vessels, stools, cots, bones, wood, leather, grass, &c.; medium—such as, apparel (other than silk), cattle (other than cows), metal (other than gold), rice, barley; highest—as, gold, jewels, silks, women, men, cows, elephants, horses, also whatever is appropriated to gods, to brahmans, or to kings. (M.)]

[Footnote 360: Manu, ch. 8, sl. 126; supra B. 1, sl. 367.]

[Footnote 361: Manu, ch. 9, sl. 278.]

[Footnote 362: thus causing destruction of the crops. Manu, ch. 9, sl. 279.]

[Footnote 363: unless she be pregnant. (M.)]

[Footnote 364: These compounds might be literally translated, 'woman-fond' 'thing-fond' 'gain-fond.']

[Footnote 365: Manu, ch. 8, sl. 356, 7, 8.]

[Footnote 366: ibid. sl. 361.]

[Footnote 367: ibid. sl. 359, 374.]

[Footnote 368: The Commentator explains—her nose, &c.]

[Footnote 369: Manu, ch. 8, sl. 364.]

[Footnote 370: ibid. sl. 373, 385.]

[Footnote 371: scil. a stranger.]

[Footnote 372: Manu, ch. 8, sl. 363.]

[Footnote 373: scil. one kept for prostitution. (M.)]

[Footnote 374: Manu, ch. 9, sl. 232, where this is a capital offence.]

[Footnote 375: The Commentator instances, the nose, ear, and hand. Manu, ch. 9, sl. 292.]

[Footnote 376: Manu, ch. 8, sl. 291, 2.]

[Footnote 377: Literally 'after having taken money.']

[Footnote 378: Receivers of bribes are denounced in Manu, ch. 9, sl. 258.]

[Footnote 379: Supra, no.[131].]



Index

_____________ Page. Sloka. Note. _____________ A. Abduction of virgins, 76 287 ... Abortion, causing, 75 277 ... Abusive language, punishment for, 62 210,11 ... _Achara_, _Introd._ x ... ... _Acharya_, 29 ... 113 Adultery, 76 283-86 ... Age, when, in Sudras, to be honored, 5 116 ... Ancestral property, recovered, not divisible, 39 119 ... " " " if land how divisible, 39 ... 139 " " co-equal ownership in, of father and son, 39 121 ... Appeal of suits to the monarch, 79 305 ... Apprenticeship, contract of, inviolable, 56 184 ... Appropriation of pledges, &c., forbidden, 16 26 ... Arrest on suspicion, when allowable, 72 266-8 ... " " how followed up, 73 269 ... _Arsha_ marriage 41 ... 150 _Artha Sastra_, 14 ... 21 Ascetics, succession to, 45 137 ... Assault, where without witness, how triable, 62 212 ... _Aurasa_ son, 41 128 ... B. Battering, injury to a wall by, fineable, 64 223 ... Bestiality, 77 289 ... Blind children inherit maintenance only, 46 140 ... Boundaries, disputed, how determined, 48 150-3 ... " false evidence as to, fineable, 49 153 ... " breaking or overstepping, 49 155 ... " wrongfully appropriating, 16 26 ... " law of limitation does not apply to, 16 25 ... _Brahma_, defined and explained, _Introd._ vii ... ... _Brahma_ marriage, 41 ... 150 Brahmans, omission to invite, fineable, 72 263 ... _Brahmachari_ (professed), succession to, 45 137 ... Brothers and sisters, duty of, to complete each others' ritual, 40 124 ... Brothers and half-brothers, when succeed to each other, 45 138,9 ... Buyer not accepting, how treated, 70 255 ... C. Capture of thieves & others, when warranted, 72 266-8 ... Carnal knowledge, what illegal, 77 289-94 ... Carriers of goods, liabilities of, 60 197,8 ... Cast, distinctions of, 3 10 ... " a religious ordinance, its origin, gradual development, and fixed character, explained, _Introd._ vii-ix ... ... Cattle, trespass by, law as to, 50 159-63 ... Communities and guilds, laws as to their constitution and conduct, 57 185-92 ... Correction of wrong doers, a monarch's duty, 6 360 ... Counter-complaints, as to, 10 9,10 ... Counterfeit gold, trading with, how punishable, 78 297 ... Courts, different grades of, 17 30 ... Creditor, how may enforce his debt, 20 40 ... " not accepting payment loses future interest, 21 44 ... Cremation, disposal of corpse by, from what date, 4 ... 14 Criminals, atrocious, who, 29 ... 113 Cripple, heir who is a, entitled to maintenance, 46 140 ... Cultivation, incomplete, consequence of breach of duty by, 50 158 ... Customs levy, fraudulent avoidance of, 71 262 ... Cut-purses, how punished, 74 274 ... D. Dams, slight private injury not to interfere with construction of, 50 156 ... " in private lands, whose the right of use, 50 157 ... Damage, by brutes or inanimate things, when excusable, 78 298 ... _Daiva_ marriage, 41 ... 150 Daughter's son, _puttrika-suta_, 41 128 ... Daughter, affianced, penalty for withholding, 47 146 ... " " when dies, how dowry, &c. appropriated, 47 146 ... Daughters, unmarried, of those disqualified to inherit, to be provided for, 46 141 ... Death caused by vehicles accidentally not imputable, 78 299 ... Debts, may be enforced, 20 40 ... " in what order payable, 20 41 ... " impost on recovered 20 42 ... " how to be met where debtor without means, 21 43 ... " of undivided kinsmen payable from the family fund, 21 45 ... " separate, need not be discharged by the family, 21 46 ... " of father, what not obligatory on son, 21 47 ... " " what obligatory, 22 50 ... " of wives of herdsmen, &c., to be paid, 22 48 ... " how proveable, 22 50 ... " between what persons forbidden, 23 52 ... " obligatory on lineal descendants, 32 70 ... " formalities of payment of, 33 93,4 ... " pass with property to successor, 22 51 ... Decisions, judicial, when to be annulled by Monarch, 18 31 ... Deposit, _upanidhi_, 26 65 ... " _nikshepa_ and other sorts of, 26 67 ... " wrongful appropriation of, 16 25,6 ... " not to be used, 26 67 ... Depositee, when liable for loss, 26 66 ... _Dhanus_, a land measure, 52 167 218 _Dharma Sastras_, promulgators of, 2 4,5 ... " " Professor Stenzler's list of, _Introd._ v ... ... _Dharma_ wife, 41 148 150 Disease, incurable, a bar to inheritance, 46 140 ... Division of property, equal, amongst sons, 38 117 ... " periods of, 38 114 137 " amongst sons, mother's right on, 40 123 ... E. Earnest, on sale, &c., 25 ... 85 Earnings of science, not subject to distribution, 39 119 ... Elephant stealers to be impaled, 74 273 ... Evidence, when not to be given, 23 52 ... F. Fabrication of royal grant, fineable, 78 295 ... False weight, fine for declaring, 71 262 ... Ferry-man, levying land-toll, fineable, 72 263 ... Fighting-games, wagers at, rules as to, 61 203 ... Fines, highest, medium, lowest, 8 365 ... Food, unfit, graduated fines for giving, 78 296 ... Fraudulent buying or selling, 72 262 ... G. Gambling, rules respecting, 60 199-203 ... _Gandharva_ marriage, 41 ... 150 Gifts, not subject to distribution, 39 118-123 ... " of what properly permitted, 54 175 ... " how to be accepted, 54 176 ... Girl's son, 42 129 ... _Grama_, 52 167 219 Grandsons inherit per stirpes, 39 120 ... _Guru_ described, 29 ... 113 H. Half-brothers, reunited, inherit, 45 139 ... Heirs, who, where no male issue, 43 135 ... " of hermit, } " of ascetic, } " of professed _brahmachari_, } 45 137 ... Herdsmen, how punishable for cattle-trespass, 51 161 ... " duty of, 52 164 ... " consequence of loss by fault of, 52 115 ... Hermit, heirs of, 45 137 ... Hirer for transport of goods, breach of contact by, 60 198 ... Honor, gradations of, 4 116 ... Horse-stealers, to be impaled, 74 273 ... House-breakers, to be impaled, 74 273 ... House, dwelling, casting noxious things into, fineable, 64 224 ... I. Idiot, to be maintained, 46 140 ... Impotent, to be maintained, 46 140 ... Incendiaries, to be burned, 75 282 ... Indorsement of payment on document, 33 93 ... Injury to cattle, 65 225,26 ... " to trees, shrubs, &c., 65 227-29 ... Instigator of _sahasa_, 35 231 ... Instruments (documents), holograph need not be witnessed, 32 89 ... " destroyed, to be renewed, 33 91 ... " authenticity of, how ascertained, 33 92 ... " classed, 33 ... 128 Interest, what chargeable, 19 37-39 ... Investiture of the twice-born, 4 14 ... J. Joint traders, law as to, 71 259,60 ... Judges, appointment of, 9 2 ... " corrupt, to be amerced, 9 4 ... K _Karvata_, a sudder station, 52 167 219 _Kaya_ marriage, 41 ... 150 Killing, fine for, 75 277 ... King's wife, punishment for adultery with, 75 282 ... L. Law, what it is, exemplified, 3 6 ... " its root or evidence, 3 7 ... " by whom to be declared, 3 9 ... Limitation of suit, 15 24,5 ... Loss on metals by action of fire, 54 178 ... " or increase in weight, of wool, etc., by working, 55 179,80 ... " how to be made good by artisans, 55 181 ... Lost property, as to finding of, 18 33-35 ... " " how claimed, 53 171 ... Lost property, clandestine recovery of, punishable, 53 172 ... " " when found by public officers must be claimed, 53 173 ... " " if animal, what impost payable by owner, 54 174 ... M. Madmen do not inherit but to be maintained, 46 140 ... _Mantras_, necessary to rites of twice-born, 4 10 ... Marriage, differing forms of, 41 ... 150 Marriage-gift not subject to partition, 38 118 ... Meat, tainted, punishment for selling, 78 297 ... Miscellaneous offences, 60 232-50 ... Monarch, his daily duties, 5 326 ... " how he should deal with a newly subjugated territory, 5 342 ... " his duty to punish wrong-doers, 5 353,357,8 ... " to investigate law suits with the { 6 359 ... judges, { 9 1 ... " to set right those who err, 6 360 ... " when should annul decisions, 18 31 ... " to fix prices, receiving a twentieth, 70 253-261 ... " his retribution for an unjust fine, 80 307 ... Mother's share on partition among sons, 40 123 ... _Munis_, what, two classes of, 1 ... 1 Murder, investigation into, 75 280 ... " and theft, village &c. responsible for, 73 271,2 ... Murderers, violent, to be impaled, 74 273 ... N. _Nagara_, 52 167 219 _Nikshepa_ deposit, not to be used, 26 67 ... O. Ordeals, to be resorted to where proof wanting, 14 22 ... " used for exculpation when agreed on, 34 95,6 ... _viz._, scales, hot iron, water, poison, described, 35 97-113 ... Orders or periods of life of the twice-born, 1 ... 13 P. _Paisacha_ marriage, 41 ... 150 Partition, during father's lifetime, 37 114-16 ... " after decease of parents, 38 117-126 ... Partners for profit, rules for guidance of, 72 265 ... Pasture-ground, village, how allotted, 52 166 ... Payment of debt, how to be evidenced, 33 93,4 ... Plaint, cause of action in, not to vary from original statement, 10 9 ... Plaintiff, how to proceed in a suit, 10 5-8 ... Pleadings in a suit, 10 6,7 ... Pledges, law of, 24 58-67 ... _Prayaschitta_, _Introd._ x ... ... Prescription or usucapion, law of, 15 24-28 25-34 Prices, regulated by the sovereign, 69 251 ... " process to determine, 70 253 ... Priority, its importance in gifts, pledges and sales, 15 23 ... Procedure, the four steps in, 10 5-8 ... Profits, how calculated, 69 251,2 ... Prohibited articles, forfeited if sold, 71 261 ... Proof, absence of, fatal to suit, 14 19 ... " of part sometimes sufficient, 14 20 ... " of three kinds, 14 22 ... Property, how divided, 38 117-126 ... " stolen, cannot pass by sale, 52 168 ... " lost or stolen, how to be dealt with, 53 169 ... " lost, claim to, how supported, 53 171 ... " of one dying in foreign country, succession to, 72 264 ... Punishment, a monarch's duty, 5 353 ... " Brahma created in form of, 5 353 ... " impartiality in, 5 357 ... " how apportioned, 8 366,7 ... Purchase, time allowed for trial of different articles on, 51 177 ... Purchaser cannot recede from his bargain, 70 258 ... Purloiners and cut-purses how to be treated, 74 274 ... _Puttrika-suta_, 41 ... 151 R. _Rakshasa_ marriage, 41 ... 150 Realm, why called seven-limbed, 5 352 ... Receipt to be given for payments, 33 93 ... Reunited sharers, as to partition among, 45 138,9 ... Rites of the twice-born, 4 10 ... Rituals of younger brothers and sisters to be completed by the elder, 40 124 ... S. _Sahasa_, 65 230 ... Sale and purchase, rules as to, 70 246-258 ... _Sastras_, _Dharma_, promulgators of, _Introd._ v & 2 4,5 ... Self-acquired property not divisible on partition, 38 118 ... Seller failing to deliver pays damage, 70 254 ... " of lost or stolen property, 53 169,70 ... Separation of a brother not desiring to share , 37 116 ... Servant, inattentive, how master may treat, 59 195 ... Sisters, rituals of, to be performed by brothers, 40 124 ... Slavery and servitude, analysis of, 56 ... 239 " when redemption from, a right, 55 182 ... " to be in the order of casts, 56 183 ... _Smriti_, 3 7 9 Sodomy 77 293 ... Sons, description of the twelve, 40 128-132 ... " the first in order to be heir, 43 132 ... " of a slave-mother by a Sudra, 43 133 ... " by mothers of different cast, how to share, 40 125 ... " lawfully begotten on another's wife, 40 127 ... Special pleading, 11 17 17 _Sruti_, 3 7 9 Stolen property, monarch to restore, 19 36 ... _Stridhana_, definition of, 46 143 ... " succession to, 38 117 ... " where no issue, 47 145 ... " when may be appropriated by husband, 47 147 ... Subornation, 31 81 ... Sudra, son of, on a slave, 43 133 ... Sureties, by parties to a suit, 11 10 ... " who may not be, 23,67 52,239 ... " for what may be given, 23 53 ... " when sons of, liable, 23 54 ... " liabilities and reimbursement of, 23 55,6 ... T. Theft, when village governor &c. liable if not traced, 73 271,2 ... " punishment of, variations in, 74 273-5 ... " accessory after, 74 276 ... Thief, capture of, on suspicion, 72 266-9 ... Threats of injury, 62 208,9 ... Title and possession, 17 27-29 ... Traders, 68 244-262 ... Treasure found, how appropriated, 19 34,5 ... " " concealment of, punishable, 19 35 ... Twice-born man, may appropriate grass, fuel, and flowers, 52 166 ... " " why so called, 4 39 ... U. Untruth in testimony to save life, how atoned for, 31 83 ... _Upanidhi_, 26 65 ... Usage, when argument founded on, of force, 14 21 ... Use or hire of various things, what to be given for, 24 57 ... Uterine brothers, their preferable position, 45 138,9 ... V. Violent aggression or _Sahasa_, 66 230 ... Violence on female slaves, 77 291 277 Virgin, abduction of, 76 287 ... " ravishing, 77 288 ... _Vyavahara_, _Introd._ x ... ... W. Wager, collateral to suit, enforced, 13 18 ... " at fighting games, rules as to, 61 203 ... Well, digging of, encouraged, 50 156 ... Weights, tables of, 6,7 361-4 29 " false declaration of, penalty for, 71 262 ... Widow, whoever takes, must pay former husband's debts, 22 51 ... Wife's share, on partition by her husband among his sons, if no _stridhana_, 37 115 ... Wife, _Dharma_, 41 ... 150 Wife's son, 41&46 128&141 ... Wives of those disqualified to inherit, 46 142 ... Wife, superseded, how compensated, 48 148 ... Witness, when one sufficient, 28 72 ... " contumacious, 30 76,78 ... " false, 31 81 ... " when permitted to speak untruth, 31 83 ... " when permitted to equivocate, 31 ... 121 " who proper to be, 27 68-9 ... " who admissable as, 28 70-1 ... " exceptions to incompetency of, 28 72 ... " how to be warned by the judge, 29 73-5 ... " how to test credit of, 30 78-80 ... Women, crimes of, 75 278,9 ... " vilifying, 77 289 ... " public, 77 292 ... Workman, deserting his work, 59 193 ... " to have charge of the implements, 59 193 ... " hire of, terms of, to be pre-arranged, under penalty, 59 194 ... " how to be paid where two employed, 59 196 ... Wounding, punished by the highest fine, 75 277 ... Y. _Yajnavalkya_, data for fixing when his code promulgated, _Introd._ x ... ... _Yogis_, 1 ... 1 _____________

THE END

Previous Part     1  2
Home - Random Browse