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The Institutes of Vishnu — SBE Vol. 7 (trans. Julius Jolly, 1880)

English·1879–1910·trans. Julius Jolly·261 passages

The text · part 3 of 13

(Nand.)

20. The particle 4a indicates here that if he urines against a superior his organ shall be cut off. (Nand.) See M.VIII, 282.

26. This Stra has been rendered in accordance with Kullfika’s gloss on M. VIII, 273, Nand.’s interpretation of it being palpably wrong.

p. 27

that his religious duties have not been fulfilled by (or that the initiatory and other sacramental rites have not been performed for) him, shall be fined two hundred Pamas.

27. If a man is blind with one eye, or lame, or defective in any similar way, and another calls him so, he shall be fined two K4rshApazas, though he speaks the truth.

28. He shall be fined a hundred KarshApazas for defaming a Guru.

29. He shall pay the highest amercement for imputing to another (a great crime) entailing loss of caste;

30. The second amercement for (imputing to another) a minor offence (such as the slaughter of a cow);

31. The same for reviling a Brahmaza versed in the three Vedas, or an old man, or a (whole) caste or corporation (of judges or others);

32. For reviling a village or district, the lowest amercement ;

33. For using insulting language (such as ‘I shall visit your sister,’ or ‘I shall visit your daughter’), a hundred K4rshapamas ;

34. For insulting a man by using bad language regarding his mother (such as ‘I shall visit your mother’ or the like speeches), the highest amercement.

35. For abusing a man of his own caste, he shall be fined twelve Pazas.

36. For abusing a man of a lower caste, he shall be fined six (Pazas).

32. Nand. infers from the use of the particle 4a that ‘a family’ is also intended here.

p. 29

37. For insulting a member of the highest caste or of his own caste (he having been insulted by him) at the same time, the same fine is ordained ;

38. Or (if he only returns his insult, a fine amounting to) three K4rshdpamas.

39. The same (punishment is ordained) if he calls him bad names.

40. An adulterer shall be made to pay the highest amercement if he has had connection with a woman of his own caste;

41. For adultery with women of a lower caste, the second amercement;

42. The same (fine is ordained) for a bestial crime committed with a cow.

43. He who has had connection with a woman of one of the lowest castes, shall be put to death.

44. For a bestial crime committed with cattle (other than cows) he shall be fined a hundred K4rshapamas.

45. (The same fine is ordained) for giving a (blemished) damsel in marriage, without indicating her blemish (whether the bride be sick, or no longer a maid, or otherwise faulty) ;

46. And he shall have to support her.

47. He who says of an unblemished damsel, that she has a blemish (shall pay) the highest amercement.

48. For killing an elephant, or a horse, or a camel, or a cow, (the criminal) shall have one hand, or one foot, lopped off.

And he shall have to support her.

47. He who says of an unblemished damsel, that she has a blemish (shall pay) the highest amercement.

48. For killing an elephant, or a horse, or a camel, or a cow, (the criminal) shall have one hand, or one foot, lopped off.

43. The lowest castes (anty4), accordiig to Angiras, are the
following seven, K andalas, Svapakas, Kshattris, Sitas, Vaidehakas,
Magadhas, and Ayogavas,

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49. A seller of forbidden meat (such as _ pork, shall be punished in the same way).

50. He who kills domestic animals, shall pay a hundred K4arshapazas.

51. He shall make good their value to the owner of those animals.

52. He who kills wild animals, shall pay five hundred Karshdpamas.

53. A killer of birds, or of fish, (shall pay) ten
K4rshapamas.

54. A killer of insects shall pay one KarshApama.

55. A feller of trees yielding fruit (shall pay) the highest amercement.

56. A feller of trees yielding blossoms only (shall pay) the second amercement.

57. He who cuts creepers, shrubs, or climbing plants (shall pay) a hundred K4arshdpamas,

58. He who cuts grass (shall pay) one KArshapana. ;
59. And all such offenders (shall make good) to the owners (of the trees or plants cut down by them) the revenue which they yield.

60. If any man raises his hand (against his equal in caste, with intent to strike him, he shall pay) ten Karshapamas ;

61. If he raises his foot, twenty;

62. If he raises a piece of wood, the first amercement;

63. If he raises a stone, the second amercement ;

64. If he raises a weapon, the highest amercement, 65. If he seizes him by his feet, by his hair, by

53. Nand. infers from a passage of Katyayana that the particle ka is used here in order to include serpents.

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his garment, or by his hand, he shall pay ten Pamas as a fine.

66. If he causes pain to him, without fetching blood from him, (he shall pay) thirty-two Pazas ;

67. For fetching blood from him, sixty-four.

68. For mutilating or injuring a hand, or a foot, or a tooth, and for slitting an ear, or the nose, the second amercement (is ordained). ' 69. For rendering a man unable to move about, or to eat, or to speak, or for striking him (violently, the same punishment is ordained).

70. For wounding or breaking an eye, or the neck, or an arm, or a bone, or a shoulder, the highest amercement (is ordained).

71. For striking out both eyes of a man, the king shall (confine him and) not dismiss him from jail as long as he lives;

72. Or he shall order him to be mutilated in the same way (i.e. deprived of his eyes).

73. Where one is attacked by many, the punishment for each shall be the double of that which has been ordained for (attacks by) a single person.

74. (The double punishment is) likewise (ordained) for those who do not give assistance to one calling for help, though they happen to be on the spot, or (who run away) after having approached it.

75. All those who have hurt a man, shall pay the expense of his cure.

76. Those who have hurt a domestic animal
(shall also pay the expense of his cure).

77. He who has stolen a cow, or a horse, or a camel, or an elephant, shall have one hand, or one foot, cut off;

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78. He who has stolen a goat, or a sheep, (shall have) one hand (cut off).

79. He who steals grain (of those sorts which grow in the rainy season), shall pay eleven times its value as a fine;

80. Likewise, he who steals grain (of those sorts, which grow in winter and spring, such as rice and barley).

81. A stealer of gold, silver, or clothes, at a value of more than fifty Md4shas, shall lose both hands.

82. He who steals a less amount than that, shall pay eleven times its value as a fine.

83. A stealer of thread, cotton, cow-dung, sugar, sour milk, milk, butter-milk, grass, salt, clay, ashes, birds, fish, clarified butter, oil, meat, honey, basketwork, canes of bamboo, earthenware, or iron pots, shall pay three times their value as a fine.

84. (The same fine is ordained for stealing) dressed food.

85. For stealing flowers, green (grain), shrubs, creepers, climbing plants or leaves, (he shall pay) five Kreshmalas.

86. For stealing pot-herbs, roots, or fruits (the same punishment is ordained).

87. He who steals gems, (shall pay) the highest amercement.

88. He who steals anything not mentioned above,
(shall make good) its value (to the owner).

89. Thieves shall be compelled to restore all stolen goods to the owners.

go. After that, they shall suffer the punishment that has been ordained for them.

91. He who does not make way for one forp. 33 whom way ought to be made, shall be fined twentyfive Karsh4pamas.

92. (The same fine is ordained) for omitting to offer a seat to (a guest or others) to whom it ought to be offered.

93. For neglecting to worship such as have a claim to be worshipped, (the same fine is ordained);

94. Likewise, for neglecting to invite (at a Sraddha) a Bréhmama, one’s neighbour ;

95. And for offering him no food, after having invited him.

96. He who does not eat, though he has received and accepted an invitation, shall give a gold Méashaka as a fine;

97. And the double amount of food to his host.

98. He who insults a Brahmamza by offering him uneatable food (such as excrements and the like, or forbidden food, such as garlic, must pay) sixteen Suvarmas (as a fine).

99. (If he insults him by offering him) such food as would cause him to be degraded (were he to taste it, he must pay) a hundred Suvarmas.

100. (If he offers him) spirituous liquor, he shall be put to death.

to1. If he insults a Kshatriya (in the same way), he shall have to pay half of the above amercement ;

100. (If he offers him) spirituous liquor, he shall be put to death.

to1. If he insults a Kshatriya (in the same way), he shall have to pay half of the above amercement ;

102. If he insults a Vaisya, half of that again ;

103. If he insults a Sddra, the first amercement.

104. If one who (being a member of the Kandla or some other low caste) must not be touched, inten-

93. Those persons ‘have a claim to be worshipped’ who are worthy to receive the Madhuparka or honey-mixture. (Nand.) See
M. III, 119, 120; Y. I, 110; Apast. II, 4, 8, 5-9; Gaut.V, 27; Weber, Ind. Stud. X, 1253.

[7] Dp. 105 tionally defiles by his touch one who (as a member of a twice-born caste) may be touched (by other twice-born persons only), he shall be put to death.

105. If a woman in her courses (touches such a person), she shall be lashed with a whip.

106. If one defiles the highway, or a garden, or the water (by voiding excrements) near them (or in any other way), he shall be fined a hundred Pawas;

107. And he must remove the filth.

108. If he demolishes a house, or a piece of ground (a court-yard or the like), or a wall or the like, he shall have to pay the second amercement ;

109. And he shall have it repaired (at his own cost).

110. If he throws into another man’s house (thorns, spells, or other) such things as might hurt some one, he shall pay a hundred Pamas.

111. (The same punishment is ordained) for falsely denying the possession of common property;

112. And for not delivering what has been sent
(for a god or for a Brahmamza).

113. (The same punishment is) also (ordained) for father and son, teacher (and pupil), sacrificer and officiating priest, if one should forsake the other, provided that he has not been expelled from caste.

114. And he must return to them (to the parents and the rest).

115. (The same punishment is) also (ordained) for hospitably entertaining a Sidra or religious ascetic at an oblation to the gods or to the manes;

116. And for following an unlawful occupation

115. According to Nand., the particle 4a indicates here, that the
- same punishment is ordained for him who visits a widow by his own accord, as mentioned by Yagiiavalkya (II, 234).

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(such as studying the Vedas without having been initiated) ;

117, And for breaking open a house on which
(the king’s) seal is laid;

118. And for making an oath without having been asked to do so (by the king or a judge);

119. And for depriving cattle of their virility.

120. The fine for the witnesses in a dispute between father and son shall be ten Pavzas.

121. For him who acts as surety for either of the two parties in such a contest, the highest amercement (is ordained).

122. (The same punishment is ordained) for forging a balance, or a measure;

123. Also, for pronouncing them incorrect, although they are correct.

124. (The same punishment is) also (ordained) for selling adulterated commodities ;

122. (The same punishment is ordained) for forging a balance, or a measure;

123. Also, for pronouncing them incorrect, although they are correct.

124. (The same punishment is) also (ordained) for selling adulterated commodities ;

125. And for a company of merchants who prevent the sale of a commodity (which happens to be abroad) by selling it under its price.

126. (The same punishment is ordained) for those (members of such a company) who sell (an article belonging to the whole company for more than it is worth) on their own account.

127. He who does not deliver to the purchaser a commodity (sold), after its price has been paid to him, shall be compelled to deliver it to him with interest ;

117. Nand. considers the particle 4a to imply that the exchange of sealed goods for others shall be punished in the same way. But this assertion rests upon a false reading (samudraparivarta for samudgaparivarta) of Y. II, 247, which passage Nand. quotes in support of his view,

p. 128

128. And he shall be fined a hundred Pawas by the king.

129. If there should be a loss upon a commodity purchased, which the purchaser refuses to accept (though it has been tendered to him), the loss shall fall upon the purchaser.

130. He who sells a commodity on which the king has laid an embargo, shall have it confiscated.

131. A ferry-man who takes a toll payable (for commodities conveyed) by land shall be fined ten Pamas.

132. Likewise, a ferry-man, or an official at a toll-office, who takes a fare or toll from a student, or Vanaprastha (hermit), or a Bhikshu (ascetic or religious mendicant), or a pregnant woman, or one about to visit a place of pilgrimage;

133. And he shall restore it to them.

134. Those who use false dice in gaming shall lose one hand.

135. Those who resort to (other) fraudulent practices in gaming shall lose two fingers (the thumb and the index).

136. Cutpurses shall lose one hand.

137. Cattle being attacked, during day-time, by wolves or other ferocious animals, and the keeper not going (to repel the attack), the blame shall fall upon him ;

138. And he shall make good to the owner the value of the cattle that has perished.

139. If he milks a cow without permission, (he shall pay) twenty-five Karshapavas (as a fine).

131. The toll mentioned here is the duty on marketable commodities mentioned above, III, 29, 30. ( Nand.)

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140. If a female buffalo damages grain, her keeper shall be fined eight MAshas.

141. If she has been without a keeper, her owner
(shall pay that fine).

142. (For mischief done by) a horse, or a camel, or an ass (the fine shall be the same).

143. (For damage done by) a cow, it shall be half.

144. (For damage done by) a goat, or a sheep,
- (it shall be) half of that again.

145. For cattle abiding (in the field), after having eaten (grain), the fine shall be double.

143. (For damage done by) a cow, it shall be half.

144. (For damage done by) a goat, or a sheep,
- (it shall be) half of that again.

145. For cattle abiding (in the field), after having eaten (grain), the fine shall be double.

146. And in every case the owner (of the field) shall receive the value of the grain that has been destroyed.

147. There is no offence if the damage has been done near a highway, near a village, or (in a field adjacent to) the common pasture-ground for cattle ;

148. Or (if it has been done) in an uninclosed field ;

149. Or if the cattle did not abide long ;

150. Or if the damage has been done by bulls that have been set at liberty, or by a cow shortly after her calving.

151. He who commits members of the highest (or Braéhmamza) caste to slavery, shall pay the highest amercement.

152. An apostate from religious mendicity shall become the king’s slave.

153. A hired workman who abandons his work before the term has expired shall pay the whole amount (of the stipulated wages) to his employer ;

154. And he shall pay a hundred Pazas to the king.

p. 155

155. What has been destroyed through his want of care, (he must make good) to the owner ;

156. Unless the damage have been caused by an accident.

157. If an employer dismisses a workman (whom he has hired) before the expiration of the term, he shall pay him his entire wages ;

158. And (he shall pay) a hundred Pazas to the king ;

159. Unless the workman have been at fault.

160. He who, having promised his daughter to one suitor, gives her in marriage to another, shall be punished as a thief;

161. Unless the (first) suitor have a blemish.

162. The same (punishment is ordained for a suitor) who abandons a faultless girl;

163. (And for a husband who forsakes) a (blameless) wife.

164. He who buys unawares in open market the property of another man (from one not authorised to sell it) is not to blame;

165. (But) the owner shall recover his property.

166. If he has bought it in secret and under its price, the purchaser and the vendor shall be punished as thieves.

167. He who embezzles goods belonging to a corporation (of Brahmazas, and which have been sent to them by the king or by private persons), shall be banished.

168. He who violates their established rule
(shall) also (be banished).

169. He who retains a deposit shall restore the commodity deposited to the owner, with interest.

170. The king shall punish him as a thief.

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171. (The same punishment is ordained for him) who claims as a deposit what he never deposited.

172. A destroyer of landmarks shall be compelled to pay the highest amercement and to mark the boundary anew with landmarks.

173. He who (knowingly) eats forbidden food effecting loss of caste shall be banished.

174. He who sells forbidden food (such as spirituous liquor and the like), or food which must not be sold, and he who breaks an image of a deity, shall pay the highest amercement ;

173. He who (knowingly) eats forbidden food effecting loss of caste shall be banished.

174. He who sells forbidden food (such as spirituous liquor and the like), or food which must not be sold, and he who breaks an image of a deity, shall pay the highest amercement ;

175. Also, a physician who adopts a wrong method of cure in the case of a patient of high rank (such as a relative of the king’s);

176. The second amercement in the case of another patient ;

177. The lowest amercement in the case of an animal.

178. He who does not give what he has promised, shall be compelled to give it and to pay the first amercement.

179. To a false witness his entire property shall be confiscated. ;

180. (The same punishment is ordained) for a judge who lives by bribes.

181. He who has mortgaged more than a bull’s hide of land to one creditor, and without having redeemed it mortgages it to another, shall be corporally punished (by whipping or imprisonment).

171. According to Nand., the particle 4a indicates that those who state the nature or amount of a deposit wrongly are also intended here.

173. Thus according to Nand., who says expressly that the causative form cannot here mean causing to eat, because the punishment for the latter offence has been mentioned in Stra 98.-

p. 182

182. If the quantity be less, he shall pay a fine of sixteen Suvarmas.

183. That land, whether little or much, on the produce of which one man can subsist for a year, is called the quantity of a bull’s hide.

184. If a dispute should arise between two (creditors) concerning (a field or other immovable property) which has been mortgaged to both at the same time, that mortgagee shall enjoy its produce who holds it in his possession, without having obtained it by force.

185. What has been possessed in order and with a legitimate title (such as purchase, donation, and the like), the possessor may keep; it can never be taken from him.

186. Where (land or other) property has been held in legitimate possession by the father (or grandfather), the son’s right to it, after his death, cannot be contested; for it has become his own by force of possession.

187. If possession has been held of an estate by three (successive) generations in due course, the fourth in descent shall keep it as his property, even without a written title.

188. He who kills (in his own defence a tiger or other) animal with sharp nails and claws, or a (goat or. other) horned animal (excepting cows), or a (boar or other) animal with sharp teeth, or an assassin, or an elephant, or a horse, or any other (ferocious animal by whom he has been attacked), commits no crime.

189. Any one may unhesitatingly slay a man who attacks him with intent to murder him, whether his spiritual teacher, young or old, or a Brahmaza,p. 41 or even (a Br&hmama) versed in many branches of sacred knowledge.

190. By killing an assassin who attempts to kill, whether in public or in private, no crime is committed by the slayer: fury recoils upon fury.

191. Assassins should be known to be of seven kinds: such as try to kill with the sword, or with poison, or with fire, such as raise their hand in order to pronounce a curse, such as recite a deadly incantation from the Atharva-veda, such as raise a false accusation which reaches the ears of the king,

192. And such as have illicit intercourse with another man’s wife. The same designation is given to other (evil-doers) who deprive others of their worldly fame or of their wealth, or who destroy religious merit (by ruining pools, or other such acts), or property (such as houses or fields).

193. Thus I have declared to thee fully, O Earth, the criminal laws, enumerating at full length the punishments ordained for all sorts of offences.

194. Let the king dictate due punishments for other offences also, after having ascertained the class and the age (of the criminal) and the amount (of the damage done or sum claimed), and after having consulted the Brahmazas (his advisers).

195. That detestable judge who dismisses without punishment such as deserve it, and punishes such as deserve it not, shall incur twice as heavy a penalty as the criminal himself.

196. A king in whose dominion there exists neither thief, nor adulterer, nor calumniator, nor robber, nor murderer, attains the world of Indra.

p. 1

VI.

1. A creditor shall receive his principal back from his debtor exactly as he had lent it to him.

2. (As regards the interest to be paid), he shall take in the direct order of the castes two, three, four, or five in the hundred by the month (if no pledge has been given).

3. Or let debtors of any caste pay as much interest as has been promised by themselves.

4. After the lapse of one year let them pay interest according to the above rule, even though it have not been agreed on.

5. By the use of a pledge (to be kept only) interest is forfeited.

3. Or let debtors of any caste pay as much interest as has been promised by themselves.

4. After the lapse of one year let them pay interest according to the above rule, even though it have not been agreed on.

5. By the use of a pledge (to be kept only) interest is forfeited.

VI. 2. M. VIII, 142; Y. II, 37. — 1, 2. Colebrooke, Dig. I, 2, XXXI.— 3. M-VIII, 157; Y. II, 38.— 4. Colebrooke, Dig. I, 2,
LII. — 5. M.VIII, 143; Y. II, 59; Gaut. XII, 32; Colebrooke, Dig. I, 2, LXXVIII.— 6. Y. II, 59; Colebrooke, Dig. I, 3,
LXXXII. — 7. M. VIII, 151; Gaut. XII, 31; Colebrooke, Dig. I, 3, CX. — 8. Colebrooke loc. cit. — 9. Colebrooke, Dig. I, 3,
CVII. — 10. Y. If, 44; Colebrooke, Dig. I, 2, LXXVII. — 11-
15. M.VIII, 152; Y. EH, 39; Gaut. XII, 36; Colebrooke, Dig. I, 2, LXIV. — 16, 17. Colebrooke, Dig. I, 2, LXX. — 18, 19. M.VIII, 50, 176; Y. II, 40; Colebrooke, Dig. I, 6, CCLII. — 20, 21. M. VIII, 139; Y. II, 42; Colebrooke, Dig. I, 6, CCLXXVII. — 22. Y. II, 20. — 24, 25. Y. II, 94; Colebrooke, Dig. I, 6, CCLXXXIIL — 26. Y. II, 93; Colebrooke, Dig. I, 6, CCLXXXVI. — 27. Y. II, 50; Colebrooke, Dig. I, 5, CLXVIII. — 28. Colebrooke, Dig. I, 5, CLX VIII. — 29. Gaut. XII, 40. — 29,
30. Y. II, 51; Colebrooke, Dig. I, 5, CCXX. — 31-33. Y. II, 46; Colebrooke, Dig. I, 5, CCVIII. — 34-36. M.VIII, 166; Y. II, 45. — 38, 39. M.VIII, 166, 167; Y. II, 45; Colebrooke, Dig, I, 5,
CXCII. — 41. M.VIII, 158, 160; Y. I, 53; Colebrooke, Dig. I, 4, CXLIV. — 42, 43. Y. II, 55, 56; Colebrooke, Dig. I, 4, CLVI, CLXI.

1, 2. Colebrooke loc. cit. seems to have translated a different reading.

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6. The creditor must make good the loss of a pledge, unless it was caused by fate or by the king.

7. (The pledge must) also (be restored to the debtor) when the interest has reached its maximum amount (on becoming equal to the principal, and has all been paid).

8. But he must not restore an immovable pledge without special agreement (till the principal itself has been paid).

-g. That immovable property which has been delivered, restorable when the sum borrowed is made good, (the creditor) must restore when the sum borrowed has been made good.

10. Property lent bears no further interest after it has been tendered, but refused by the creditor.

11. On gold the interest shall rise no higher than to make the debt double;

12. On grain, (no higher than to make it) threefold ;

13. On cloth, (no higher than to make it) fourfold ;

14. On liquids, (no higher than to make it) eightfold;

15. Of female slaves and cattle, the offspring
(shall be taken as interest).

16. On substances from which spirituous liquor

7. Colebrooke loc. cit. connects this Sfitra with the next. My rendering rests on Nand.’s interpretation.

8. Nand. cites as an instance of an agreement of this kind one made in the following form, ‘ You shall have the enjoyment of this or that mango grove as long as interest on the principal lent to me has not ceased to accrue.’

p. 17

My rendering rests on Nand.’s interpretation.

p. 17

is extracted, on cotton, thread, leather, weapons, bricks, and charcoal, the interest is unlimited.

17. On such objects as have not been mentioned it may be double.

18. A creditor recovering the sum lent by any
(lawful) means shall not be reproved by the king.

19. If the debtor, so forced to discharge the debt, complains to the king, he shall be fined in an equal sum.

20. If a creditor sues before the king and fully proves his demand, the debtor shall pay as a fine to the king a tenth part of the sum proved ;

21. And the creditor, having received the sum due, shall pay a twentieth part of it.

22. If the whole demand has been contested by the debtor, and even a part of it only has been proved against him, he must pay the whole.

23. There are three means of proof in case of a demand having been contested, viz. a writing, witnesses, and proof by ordeal.

24. A debt contracted before witnesses should be discharged in the presence of witnesses.

25. A written contract having been fulfilled, the writing should be torn.

26. Part only being paid, and the writing not being at hand, let the creditor give an acquittance.

27. If he who contracted the debt should die, or

17. Nand. infers from a passage of Katy4yana that this rule tefers to gems, pearls, coral, gold, silver, cotton, silk, and wool.

18. The ‘lawful means’ are mediation of friends and the four
other modes of compelling payment of an unliquidated demand.
(Nand.) See M.VIII, 49.

22. ‘The particle api indicates that he must pay a fine to the king besides, as ordained by YAgfiavalkya II, 11.’ (Nand.)

p. 45

become a religious ascetic, or remain abroad for twenty years, that debt shall be discharged by his sons or grandsons ;

28. But not by remoter descendants against their will.

29. He who takes the assets of a man, leaving or not leaving male issue, must pay the sum due (by him);

30. And (so must) he who has the care of the widow left by one who had no assets.

31. A woman (shall) not (be compelled to pay) the debt of her husband or son;

32. Nor the husband or son (to pay) the debt of a woman (who is his wife or mother);

33. Nor a father to pay the debt of his son.

34. A debt contracted by parceners shall be paid by any one of them who is present.

35. And so shall the debt of the father (be paid) by (any one of) the brothers (or of their sons) before partition.

36. But after partition they shall severally pay according to their shares of the inheritance.

37. A debt contracted by the wife of a herdsman, distiller of spirits, public dancer, washer, or hunter shall be discharged by the husband (because he is supported by his wife).

36. But after partition they shall severally pay according to their shares of the inheritance.

37. A debt contracted by the wife of a herdsman, distiller of spirits, public dancer, washer, or hunter shall be discharged by the husband (because he is supported by his wife).

38. (A debt of which payment has been previously) promised must be paid by the householder ;

39. And (so must he pay that debt) which was

38, 39. Regarding these two Sftras see Jolly, Indisches Schuldrecht, in the Transactions of the Royal Bavarian Academy of Sciences, 1877, p. 309, note.

p. 40

contracted by any person for the behoof of the family.

40. He who on receiving the whole amount of a loan, promises to repay the principal on the following day (or some other date near at hand), but from covetousness does not repay it, shall give interest for it.

41. Suretiship is ordained for appearance, for honesty, and for payment; the first two (sureties, and not their sons), must pay the debt on failure of their engagements, but even the sons of the last (may be, compelled to pay it).

42. When there are several sureties (jointly bound), they shall pay their proportionate shares of the debt; but when they are bound severally, the payment shall be made (by any of them), as the creditor pleases.

43. lf the surety, being harassed by the creditor, discharges the debt, the debtor shall pay twice as much to the surety.

VII.

1. Documents are of three kinds:

2. Attested by the king, or by (other) witnesses, or unattested.

3. A document is (said to be) attested by the king when it has been executed (in a court of judicature), on the king ordering it, by a scribe, his

42. In the first case the agreement is made in the following form, ‘I shall pay so and so much to you, in the way agreed on.’ In the second case the sum is not divided between the sureties, and each of them liable for the whole debt therefore. (Nand.)

VII. 4. Y. II, 84-88. — 5~7. Y. II, 89. — 6. M.VIII, 168. —
12. Y. II, 92.

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servant, and has been signed by his chief judge, with his own hand.

4. It is (said to be) attested by witnesses when, having been written anywhere, and by any one, it is signed by witnesses in their own hands.

5. It is (said to be) unattested when it has been written (by the party himself) with his own hand.

6. Such a document, if it has been caused to be written by force, makes no evidence.

7. Neither does any fraudulent document (make evidence) ;

8. Nor a document (which), though attested, (is vitiated) by the signature of a witness bribed (by one party) or of bad character ;

9g. Nor one written by a scribe of the same description ;

10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear.

Nor one written by a scribe of the same description ;

10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear.

11, (That instrument is termed) proof which is not adverse to peculiar local usages, which defines clearly the nature of the pledge given}, and, is free from confusion in the arrangement of the subject matter and (in the succession of) the syllables.

12. If the authenticity of a document is contested, it should be ascertained by (comparing with it other)

4. According to Nand., the particle 4a is used here in order to include documents that have been executed by a person intoxicated, by one under duress, by a female, by a child, by force, and by intimidation (see Narada IV, 61). Most of these categories are, however, mentioned in Sfittra ro.

11.! I have translated the reading vyaktadhividhilakshazam, which,
though not occurring in the text of any MS., is mentioned by
Nand., and is found in an identical passage of the Institutes of
Narada (see Narada IV, 60, and Appendix, p. 123).

p. 13

letters or signs (such as the flourish denoting the word Sri and the like) or documents executed by the same man, by (enquiring into) the probabilities of the case, and by (finding out such writings as show) a mode of writing similar (to that contained in the disputed document).

13. Should the debtor, or creditor, or witness, or scribe be dead, the authenticity of the document has to be ascertained by (comparing with it other) specimens of their handwriting.

VIII.

1. Now follow (the laws regarding) witnesses.

2. The king cannot be (made a witness); nor a learned Bréhmavza ; nor an ascetic; nor a gamester ; nor a thief; nor a person not his own master; nor a woman; nor a child; nor a perpetrator of the acts called s&hasa! (violence); nor one over-aged (or more than eighty years old); nor one intoxicated or insane; nor a man of bad fame; nor an outcast;

VIII. 2, 3, 5. M.VIII, 64-67; Y. II, 70, 71. — 4, 5. Gaut. XIII, 5. — 6. M.VIII, 72; Y. II, 72; Gaut. XIII, 9.— 8. M. VIII, 62, 63; Y. II, 68, 69; Apast. II, 11, 29, 7; Gaut. XIII, 2. —9. M. VIII, 77; Y. II, 72. — 10, 11. Y. II, 17. — 14. M. VIII, 81; Apast. II, 11, 29, 10; Gaut. XIII, 7.—15, 16. M. VIII, 104-106; Y. II, 83. — 15. Gaut. XIII, 24.— 18. M. VIII, 25, 26; Y. Il, 13-15.— 19. M.VIII, 87; Y. II, 73; Apast. II, 11, 29,7; Gaut. XIII, 12, — 20-23. M. VIII, 88. — 24-26. M.VIII, 89, 90; Y. Il, 73-75. — 37. M.VIII, 107; Y. II, 77; Gaut. XIII, 6. — 38. Y. Il, 79.— 39. M.VIII, 73; Y. II, 78. — 40.
M. VIII, 117.

2. ! There are three kinds of sfhasa. (Nand.) They are, in the enumeration of Narada, 1. spoiling fruits or the like; 2. injuring more valuable articles ; 3. offences directed against the life of a human being, and approaching another man’s wife. See Narada XIV, 4-6.

VIII, rr. WITNESSES. 49

nor one tormented by hunger or thirst; nor one oppressed by a (sudden) calamity (such as the death of his father or the like), or wholly absorbed in evil passions ;

3. Nor an enemy or a friend; nor one interested in the subject matter; nor one who does forbidden acts; nor one formerly perjured; nor an attendant ;

4. Nor one who, without having been appointed, comes and offers his evidence ;

5. Nor can one man alone be made a witness.

.6. In cases of theft, of violence, of abuse and assault, and of adultery the competence of witnesses must not be examined too strictly. °

7. Now (those who are fit to be) witnesses (shall be enumerated) :

8. Descendants of a noble race, who are virtuous and wealthy, sacrificers, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas, and aged (shall be witnesses).

g. If he is endowed with the qualities just mentioned, one man alone can also be made a witness.

10. In a dispute between two litigants, the witnesses of that party have to be examined from which the plaint has proceeded.

11. Where the claim has been refuted as not agreeing with the facts (as e.g. the sum claimed

5. According to Nand., who argues from a passage of Narada (5, 37), the use of the particle a implies here, that two witnesses are also not sufficient. But the MSS. of Narada exhibit a different reading of the passage in question, which reading is supported by the Viramitrodaya.

8. The particle 4a is used here, according to Nand., who argues from a passage of YAgfiavalkya (II, 68), in order to include liberality among the qualities required in a witness.

(7] Ep. 12 having been repaid by the debtor), there the witnesses of the defendant have to be examined as well.

12. An appointed witness having died or gone abroad, those who have heard his deposition may give evidence.

13. (The evidence of) witnesses is (of two kinds): either of what was seen, or of what was heard.

14. Witnesses are free from blame if they give true evidence. ;

15. Whenever the death of a member of any of the four castes (would be occasioned by true evidence, they are free from blame) if they give false evidence.

16. In order to expiate the sin thus committed, (such a witness), if he belongs to a twice-born caste, must pour an oblation in the fire, consecrating it with the texts called Kashm4zat.

17. If he is a SQdra, he must feed ten cows for one day.

18. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.

17. If he is a SQdra, he must feed ten cows for one day.

18. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.

19. Let the judge summon the witnesses, at the time of sunrise, and examine them after having bound them by an oath.

20. A Brahmaza he must address thus, ‘ Declare.’

21. A Kshatriya he must address thus, ‘ Declare the truth.’

16. Vagasan. Samh. XX, 14-16, or Taitt. Arany. X, 3-5. Nand. considers the term Kfishmazdi to be used in a general sense here, so as to include all the other texts mentioned in an analogous passage of Manu (VIII, 106).

VIII, 36. WITNESSES. ‘SI

22. A Vaisya he must address thus, ‘ Thy kine, grain, and gold (shall yield thee no fruit, if thou wert to give false evidence),’

23. A SQdra he must address thus, ‘Thou shalt have to atone for all (possible) heavy crimes (if thou wert to give false evidence).’

24. Let him exhort the witnesses (with the following speeches) :

25. ‘Whatever places (of torture) await (the killer of a Brdhmava and other) great criminals and (the killer of a cow and other) minor offenders, those places of abode are ordained for a witness who gives false evidence ; .

26. ‘And the fruit of every virtuous act he has done, from the day of his birth to his dying day, shall be lost to him.

27. ‘Truth makes the sun spread his rays.

28. ‘Truth makes the moon shine.

29. ‘ Truth makes the wind blow.

30. ‘Truth makes the earth bear (all that is upon it).

31. ‘Truth makes waters flow.

32. ‘Truth makes the fire burn.

33. ‘The atmosphere exists through truth.

34. ‘So do the gods.

35. ‘And so do the offerings.

36. ‘If veracity and a thousand horse-sacrifices

22, 23. Nand.’s interpretation of these two Sfitras, which has been followed above, does not agree with Kullfika’s, of M. VIII, 88. But in another passage of Manu (VIII, 113), where the same terms recur, he interprets them like Nand.

36. This Sloka is also found in the Mahabh4rata I, 3095 &c., in the Markazdeya-purana VIII, 42, in the Hitopadesa IV, 129, and, in a somewhat modified form, in the R&mayama II, 61, 10. See Béhtlingk, Ind. Spriiche, 731 &c.

E 2

p. 37

are weighed against each other, (it is found that) truth ranks even higher than a thousand horsesacrifices.

37. ‘Those who, though acquainted with the facts, and appointed to give evidence, stand mute, are equally criminal with, and deserve the same punishment as, false witnesses.’ (After having addressed them) thus, let the king examine the witnesses in the order of their castes.

38. That plaintiff whose statement the witnesses declare to be true, shall win his suit; but he whose statement they declare to be wrong, shall certainly lose it.

39. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born.

40. Whenever a perjured witness has given false evidence in a suit, (the king) must reverse the judgment; and whatever has been done, must be considered as undone.

IX.

1. Now follows (the rule regarding) the performance of ordeals.

39. Nand. takes the term dvigottama, ‘the best among the twice-born,’ as an equivalent for ‘Braéhmamas.’ Kullfka (on M. VIII, 73) refers it to ‘twice-born men, who are particularly active in the discharge of their religious duties.’

IX. 2. Y.II, 96, 99. — 11. M. VIII, 114, 115; Y.II, 95.—20—22. Y. II, 95, 96, 99. — 23. Y. II, 98. — 33. Y. II, 97. The whole section on ordeals (IX-XIV) agrees very closely with the corresponding section of the Institutes of Narada (5, 107-9, 8).

p. 53

2. In cases of a criminal action directed against the king, or of violence! (they may be administered) indiscriminately.

3. In cases of (denial of) a deposit or of (alleged) theft or robbery they must be administered each according to the value (of the property claimed).

4. In all such cases the value (of the object claimed) must be estimated in gold.

5. Now if its value amounts to less than one Kvishmala, a SQdra must be made to swear by a blade of Ddrva grass, (which he must hold in his hand) ;

6. If it amounts to less than two Krvishzalas, by a blade of Tila;

7. If it amounts to less than three Kvzshzalas, by a blade of silver;

8. If it amounts to less than four Kvzshaalas, by a blade of gold;

9. If it amounts to less than five K77shaalas, by. a lump of earth taken from a furrow ;

10. If it amounts to less than half a Suvarza, a Saidra must be made to undergo the ordeal by sacred libation ;

11. If it exceeds that amount, (the judge must administer to him) any one of the (other) ordeals, viz. the ordeal by the balance, by fire, by water, or by poison, considering duly (the season, &c.)

12. If the amount (of the matter in contest) is twice as high (as in each of the last-mentioned cases), a Vaisya must (in each case) undergo that ordeal which has (just) been ordained (for a Sddra);

13. A Kshatriya (must undergo the same ordeals), if the amount is thrice as high;

2. 1 See VIII, 2, note.

p. 14

14. A Brahmaza, if it is four times as high. He is, however, not subject to the ordeal by sacred libation.

15. No judge must administer the (ordeal by) sacred libation to a Brahmaza;

16. Except if it be done as a preliminary proof of his dealing fairly in some future transaction.

17. Instead of (administering the ordeal by) sacred libation to a Brahmaza (in suits regarding an object, the value of which amounts to less than two Suvarzas), let the judge cause him to swear’by a lump of earth taken from a furrow.

18. To one formerly convicted of a crime (or of perjury) he must administer one of the ordeals, even though the matter in contest be ever so trifling.

19. But to one who is known (and esteemed) among honest men and virtuous, he must not (administer any ordeal), even though the matter in contest be ever so important.

20. The claimant must declare his willingness to pay the fine (which is due in case of his being defeated) ;

21. And the defendant must go through the ordeal.

22. In cases of a criminal action directed against the king, or of violence (an ordeal may be administered) even without (the claimant) promising to pay the fine (due in case of defeat in ordinary suits).

23. To women, Brahmamas, persons deficient in an organ of sense, infirm (old) men, and sick persons, the (ordeal by the) balance must be administered.

24. But it must not be administered to them while a wind is blowing.

p. 55

25. The (ordeal by) fire must not be administered to lepers, to infirm persons, or to blacksmiths;

26. Nor must it ever be administered in autumn or summer.

27. The (ordeal by) poison must not be administered to lepers, bilious persons, or Brahmazas ;

28. Nor during the rainy season.

29. The (ordeal by) water must not be administered to persons afflicted with phlegm or (another) illness, to the timid, to the asthmatic, nor to those who gain their subsistence from water (such as fishermen and the like) ;

30. Nor during (the two cold seasons) Hemanta and Sisira (or from middle of November to middle of March) ;

31. The (ordeal by) sacred libation must not be administered to atheists ;

32. Nor when the country is afflicted with disease or pestilence.

33. Let the judge summon the defendant at the time of sunrise, after having fasted on the previous day and bathed in his clothes, and make him go through all the ordeals in the presence of (images of) the gods and of the (assessors and other) Brahmazas.

1. Now follows the (rule regarding the ordeal by) balance.

29. Nand. infers from a text of Narada (not found in his Institutes), that the plural is made use of in this Sfitra in order to include women, children, sickly, old, and feeble persons.

32. According to Nand., the particle 4a is used here in order to include fire, wind, grasshoppers, and other plagues.

p. 100

p. 2

2. The transverse beam, by which the balance is to be suspended, should be fastened upon two posts, four Hastas above the ground (each), and should be made two Hastas long.

p. 100

p. 2

2. The transverse beam, by which the balance is to be suspended, should be fastened upon two posts, four Hastas above the ground (each), and should be made two Hastas long.

3. The beam of the balance should be made of strong wood (such as that of the Khadira or Tinduka trees), five Hastas long, and the two scales must be suspended on both sides of it, (and the whole suspended upon the transverse beam by means of an iron hook).

4. Aman out of the guild of goldsmiths, or of braziers, should make it equal on both sides.

5. Into the one scale the person (who is to be tried by this ordeal) should be placed, and a stone (or earth or bricks) or some other (equivalent) of the same weight into the other.

6. The equivalent and the man having been made equal in weight and (the position of the scales) well marked, the man should be caused to descend from the balance.

2. One Hasta, ‘cubit,’ the modern ‘hath,’ equals two Vitasti,
‘spans,’ and 24 Angulas, ‘ digits,’ the modern Angul. See Prinsep,
Useful Tables, p. 122.

3. See the plate of balance, according to the statements of Indian legislators, in Professor Stenzler’s Essay, ‘ Uber die ind. Gottesurtheile,’ Journal of the German Oriental Society, IX.

4. Nand. infers from the use of the plural number and from a
passage of Pitamaha and Narada (see the Institutes of the latter, 5,
122), that merchants may also be appointed for this purpose.

6. Nand. refers the term sufihnitau krztva to the man and to the equivalent, both having to be marked ‘ with the king’s seal or in some other way, in order that no one may suspect the weight of the equivalent or of the man to have been increased or lessened by the addition or removal of other objects, or of clothes, ornaments, and the like.’ ‘Others’ explain the term in the way in which it has been rendered above.

p. 57

7. Next (the judge) should adjure by (the following) imprecations the balance

8. And the person appointed to look after the weighing :

9. ‘Those places of torture which have been prepared for the murderer of a Brahmaza, or for a false witness, the same places are ordained for a person appointed to look after the weighing, who acts fraudulently in his office.

10. ‘Thou, O balance (dha¢a), art called by the same name as holy law (dharma); thou, O balance, knowest what mortals do not comprehend.

11. ‘This man, being arraigned in a cause, is weighed upon thee. Therefore mayest thou deliver him lawfully from this perplexity.’

12. Thereupon the judge should have him placed into the one scale again. If he rises in it, he is freed from the charge according to law.

13. In case of the strings bursting, or of the splitting of the transverse beam, the man should be placed in the scale once more. Thus the facts will be ascertained positively, and a just sentence be the result.

XI.

1. Now follows the (rule regarding the ordeal by) fire.

XI.

1. Now follows the (rule regarding the ordeal by) fire.

2. He must make seven circles, sixteen Angulas? in breadth each, the intervals being of the same breadth.

3. Thereupon he must place seven leaves of the

XI. 2-9. Y. II, 103, rog—107.— 11. Y. II, 104.
2. 1See X, 2, note.
3. Nand. takes the term tata#, ‘thereupon,’ to imply that he

p. 4

holy fig-tree into the hands of the person (about to perform the ordeal), who must turn his face towards the east and stretch out both arms.

4. Those (leaves) and his hands he must bind together with a thread.

5. Then he must place into his hands a ball made of iron, red-hot, fifty Palas in weight, and smooth.

6. Having received this, the person must proceed through the (seven) circles, without either walking at a very hurried pace, or lingering on his way.

7. Finally, after having passed the seventh circle, he must put down the ball upon the ground.

8. That man whose hands are burnt ever so little, shall be deemed guilty; but if he remains wholly unburnt, he is freed from the charge.

9. If he lets the ball drop from fear, or if there exists a doubt as to whether he is burnt or not, let him take the ball once more, because the proof has not been decided.

10. At the beginning (of the whole ceremony) the judge shall cause the person to rub some rice in his hands, and shall mark (with red sap, or the like, the already existing scars, eruptions of the skin, &c., which will thus have become visible). Then the judge, after having addressed the iron ball (with the following prayer), shall place it in his hands:

must previously examine the hands of the person about to perform the ordeal and mark existing scars or eruptions of the skin, as prescribed in Sfttra ro.

4. The particle 4a implies, according to Nand., that he must further place seven Samf leaves, unbroken grains, Dfrva leaves, and grain smeared with sour milk upon his hands, as ordained in a passage of Pitamaha,

p. 59

11. ‘ Thou, O fire, dwellest in the interior of all creatures, like a witness. O fire, thou knowest what mortals do not comprehend.

12. ‘This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.’

XII.

1. Now follows the (rule regarding the ordeal by)

water. , 2. (The defendant must enter) water which is free from mud, aquatic plants, (crabs and other) vicious animals, (porpoises or other) large rapacious animals living in water, fish, leeches, and other (animals or plants).

3. The water having been addressed with the Mantras (mentioned hereafter), he must enter it, seizing the knees of another man, who must be free from friendship or hatred, and must dive into the water up to his navel.

4. At the same time another man must discharge an arrow from a bow, which must neither be too strong nor too weak.

5. That arrow must be fetched quickly by another man.

6. He who is not seen above the water in the mean time is proclaimed innocent. But in the contrary case he is (declared) guilty, even though one limb of his only has become visible.

7. ‘Thou, O water, dwellest in the interior of all creatures, like a witness. O water, thou knowest what mortals do not comprehend.

p. 109

p. 8

8. ‘This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.’

XIII.
1. Now follows the (rule regarding the ordeal by)

poison.

2. All (other) sorts of poison must be avoided
(in administering this ordeal),

3. Except poison from the Syznga tree, which grows on the Himalayas.

4. (Of that) the judge must give seven grains, mixed with clarified butter, to the defendant (while reciting the prayer hereafter mentioned).

5. If the poison is digested easily, without violent symptoms, he shall recognise him as innocent, and dismiss him at the end of the day.

6. ‘On account of thy venomous and dangerous nature thou art destruction to all living creatures ; thou, O poison, knowest what mortals do not comprehend.

7. ‘This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.’

XIV.

1. Now follows the (rule regarding the ordeal by) sacred libation.

2. Having invoked terrible deities (such as Durga, the Adityas or others, the defendant) must drink three handfuls of water in which (images of) those deities have been bathed,

XIII. 3, 5-7. Y. Il, rro, rig.
XIV, 2, 4,5. ¥. II, 112, 113,

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3. Uttering at the same time the words, ‘I have not done this, with his face turned towards the deity (in question).

4. He to whom (any calamity) happens within a fortnight or three weeks (such as an illness, or fire, or the death of a relative, or a heavy visitation by the king),

5. Should be known to be guilty; otherwise (if nothing adverse happens to him), he is freed from the charge. A just king should honour (with presents of clothes, ornaments, &c.) one who has cleared himself from guilt by an ordeal.

XVi.

1. Now there are twelve kinds of sons.

2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.

3. The second is the son begotten on a wife, viz. one begotten by a kinsman allied by funeral oblations, or! by a member of the highest caste, on an appointed (wife or widow).

2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.

3. The second is the son begotten on a wife, viz. one begotten by a kinsman allied by funeral oblations, or! by a member of the highest caste, on an appointed (wife or widow).

XV. 1-29. M. IX, 1247, 136, 198-181; Y. II, 127-132; Gaut. XXVIII, 18, 19, 32, 33; Colebrooke, Dig. V, 4, CLXXXV; V, 4,
CCXXV. — 28-30. Colebrooke, Dig. V, 4, CCXCIX. — 30. M. IX, 163. — 31. Colebrooke, Dig. V, 3, CXXI. — 32-34. M. IX, 201-203 ; Y. II, 140, 141; Gaut. XXVIII, 43, 44. — 32. Apast. II, 6, 14, 1. — 34-38. Colebrooke, Dig.V, 5, CCCXXVII. — 40.
M. IX, 180; Y. II, 132.— 41, 42. M. IX, 182, 183. — 44. M. IX, 138; Colebrooke, Dig. V, 4, CCCII. — 45-47. M. IX, 106, 137, 139. Of Chapters XV and XVII an excellent translation has been published by Dr. Bihler in the Bombay Digest (I, ? 338-3493). T have followed him literally almost throughout.

3. ' Ihave translated the reading votpaditaz, which was no doubt _

p. 4

4. The third is the son of an appointed daughter.

5. She is called an appointed daughter, who is given away by her father with the words, ‘The son whom she bears be mine.’

6. A damsel who has no brother is also (in every case considered) an appointed daughter, though she has not been given away according to the rule of an appointed daughter.

7. The son of a twice-married woman is the fourth.

8. She who, being still a virgin, is married for the second time is called twice married (punarbhd).

9. She also is called twice married (punarbhd) who, though not legally married more than once, has lived with another man before her lawful marriage.

8. She who, being still a virgin, is married for the second time is called twice married (punarbhd).

9. She also is called twice married (punarbhd) who, though not legally married more than once, has lived with another man before her lawful marriage.

the reading of Nandapazdita, as he paraphrases the whole clause as follows, ‘ begotten by an elder or younger brother of the husband ; on failure of such, by a kinsman allied by funeral oblations ; on failure of him, by one belonging to the same gotra (race) as the husband ; on failure of him, by one descended from the same Rishi ancestors as he; on failure of him, by a member of the highest caste, i.e.a Brahmaza.’ The above reading is also found in the London MS. of the text and in the two Calcutta editions. Dr. Bihler’s MS., in which Nand.’s Commentary on this chapter is wanting, has AotpaditaA, and he translates accordingly, ‘begotten by a kinsman ..., who belongs to the highest caste.’ The same reading is found in a quotation contained in Gagann@tha and Colebrooke’s Dig. loc. cit. (I quote from a very good though fragmentary Bengali MS. in my possession), where, however, this clause runs as follows, niyuktay4m savarnena.kotpaditaA, ‘ begotten by a man of equal class on a widow duly appointed,’ Colebrooke. The other Smrrtis do not speak of the appointment of others than kinsmen to beget a son on a widow, or wife of a eunuch, &c., unless YAgfiavalkya’s words (II, 128) sagotrevetarena va, ‘by a Sagotra or by another,’ may be rendered, contrary to Vigfianesvara’s interpretation, by ‘a kinsman or one who is no kinsman.’

p. 63

-10. The son of an unmarried damsel is the fifth. (He is called so who is) born by an unmarried daughter in the house of her father. 12, And he belongs to the man who (afterwards) marries the mother. 13. The son who is secretly born in the house is the sixth. 14. He belongs to him in whose bed he is born. 15. The son received with a bride is the seventh. 16. He (is called so who) is the son of a woman married while she was pregnant. 17. ‘And he belongs to the husband (of the pregnant bride). 18. The adopted son (dattaka) is the eighth. 19. And he belongs to him to whom he is given by his mother or father. 20. The son bought is the ninth. 21. And he belongs to him by whom he is bought. 22. The son self-given is the tenth. 23. And he belongs to him to whom he gave himself. 24. The son cast away is the eleventh. 25. (He is called so) who was forsaken by his father or mother (or by both). 26. And he belongs to him by whom he is received.

27. The son born by any woman whomsoever? is the twelfth.

24. } Yatra kvakanotpAdita, ‘born wherever,’ means, according to Nand., ‘ begotten anyhow, but otherwise than the above-mentioned sons, upon a woman, whether one’s own wife, or another man’s wife, whether equal in caste or not, whether legally married to the

p. 28

28. Amongst these (sons) each preceding one is preferable (to the one next in order).