The Laws of Manu — SBE Vol. 25 (trans. Georg Bühler, 1886)
English·1879–1910·trans. Georg Bühler·567 passages
The text · part 15 of 27
‘ others’). ‘ Wives faithful to their lords,’ i. e. ‘those whose husbands are absent’ (Gov. Ragh.). The conditions
(25) Ss
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29. A righteous king must punish like thieves those relatives who appropriate the property of such females during their lifetime.
30. Property, the owner of which has disappeared, the king shall cause to be kept as a deposit during three years; within the period of three years the owner may claim it, after (that term) the king may take it.
31. He who says, ‘ This belongs to me,’ must be examined according to the rule; if he accurately describes the shape, and the number (of the articles found) and so forth, (he is) the owner, (and) ought (to receive) that property.
32. But if he does not really know the time and the place (where it was) lost, its colour, shape, and size, he is worthy of a fine equal (in value) to the (object claimed).
33. Now the king, remembering the duty of good men, may take one-sixth part of property lost and afterwards found, or one-tenth, or at least one-twelfth.
of the king’s protection are in every case that the relatives are either dead or unable to provide for the females or try to oppress them.
30-34. Ap. II, 28, 7-9; Gaut. X, 36-38; Vas. XVI, 20; Yagi. II, 33.
30. ‘Property the owner of which has disappeared’ means according to the commentators, ‘property, found by the royal servants (in a forest or elsewhere, Medh.), the owner of which is not known.’ Such property shall be proclaimed by beat of drum (Gov., Kull.). ‘Others,’ quoted by Medh., think that after three years the king may use it as his own, but has still to restore it, if the owner appears. Nand. points out that the rule does not refer to Br&éhmazical property (see Gaut. loc. cit.).
33. The amount to be taken by the king depends according to Medh. on the length of time for which it has been kept (so also
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34. Property lost and afterwards found (by the king’s servants) shall remain in the keeping of (special) officials; those whom the king may convict of stealing it, he shall cause to be slain by an elephant.
35. From that man who shall truly say with respect to treasure-trove, ‘This belongs to me, the king may take one-sixth or one-twelfth part.
36. But he who falsely says (so), shall be fined in one-eighth of his property, or, a calculation of (the value of) the treasure having been made, in some smaller portion (of that).
37- When a learned Bréhmaza has found treasure, deposited in former (times), he may take even the whole (of it); for he is master of everything.
38. When the king finds treasure of old concealed in the ground, let him give one half to Brahmazas and place the (other) half in his treasury.
39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of
38. When the king finds treasure of old concealed in the ground, let him give one half to Brahmazas and place the (other) half in his treasury.
39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of
Ragh.), or on the trouble which it gave (so also Gov.) and the king’s compassion; according to Kull. and Nar., on the virtues of the owner. Medh. places this verse after verse 34.
35-39. Gaut. X, 43-45; Vas. III, 13-14; Vi. III, 56-64; Yagi. II, 34-35.
35. ‘ Treasure-trove,’ i.e.‘ valuables secretly buried in the ground’ (Medh.). The amount to be taken depends on the ‘ virtues’ of the finder (Medh., Gov., Kull., Ragh.), or on his caste (N4r.), or on the place and time, the caste, &c. (Gov.).
36. The amount of the fine depends on the circumstances of the case or the ‘virtues’ of the offender (Medh.), or on the ‘ virtues’ of the offender alone (Gov., Kull., Ragh.).
37. Medh., Gov., N&r. take, as Kull. points out, most improperly pfrvopanihitam, ‘ deposited in former times,’ to mean ‘ deposited by his ancestors.’ The parallel passages of Vishwu and others are perfectly clear on the point.
39. I take the last clause, which might also be translated ‘(and)
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(his giving) protection, (and) because he is the lord of the soil.
40. Property stolen by thieves must be restored by the king to (men of) all castes (varma); a king who uses such (property) for himself incurs the guilt of a thief.
41. (A king) who knows the sacred law, must inquire into the laws of castes (g&ti), of districts, of guilds, and of families, and (thus) settle the peculiar law of each.
42. For men who follow their particular occupations and abide by their particular duty, become dear to people, though they may live at a distance.
43. Neither the king nor any servant of his shall because he is the lord of the earth,’ as a distinct recognition of the principle that the ownership of all land is vested in the king. Medh. says, ‘he is the lord of the soil (bhimi) ; itis just that a share should be given to him of that which is found in the soil belonging to him (tadiyay& bhuvo yallabdham).’
40. Ap. II, 26, 8; Gaut. X, 46-47; Vi. III, 66-67 ; Y4ga. II,
36. Ie. ‘if-he recovers it’ (Medh., Gov., Kull, Nar. Ragh., Nand.). Medh. reads Aaurihrztam, and mentions another reading, Aaurahritam, which R4gh. has, and thinks that it may mean that the king must, make good stolen property which is not recovered.
X, 46-47; Vi. III, 66-67 ; Y4ga. II, 36. Ie. ‘if-he recovers it’ (Medh., Gov., Kull, Nar. Ragh., Nand.). Medh. reads Aaurihrztam, and mentions another reading, Aaurahritam, which R4gh. has, and thinks that it may mean that the king must, make good stolen property which is not recovered.
41. Ap. II, 15, 1; Gaut. XI, 20; Vas. XIX, 7; Baudh. I, 2, 1-8;
Vi. TI, 3; Y4gn. 1, 360. Gti, ‘castes,’ i.e. ‘Bréhmamsas and so forth’ (Kull., Nar., Ragh., Nand.). Gdnapada, ‘the laws of districts, e.g. of the Kuru, K4si or KAasmfra countries’ (Medh.), or ‘of certain districts’ (desa, Gov., Kull., Ragh.), or ‘of the inhabitants of one and the same village’ (N4r.). Medh. gives also other explanations of the compound gatig4napadan, ‘of local castes’ or ‘natives of different countries.’ Srezi,‘ guilds,’ i. e. ‘of merchants, &c.’ (Medh. Kull., Nar., Ragh.), or ‘ of merchants and husbandmen, &c.’ (Gov.), or ‘of merchants and actors, &c.’ (Nand.). Ragh. reads parip4layet, ‘and protect the peculiar law of each.’ It must, of course, be understood that the customs are not opposed to the sacred law (Medh., Gov., Kull., Ragh.).
43. Gaut. XIII, 27. ‘(Some) other (man),’ i.e. ‘the plaintiff’
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themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man).
44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts).
45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the witnesses, to the place, to the time, and to the aspect.
46. What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not
(Medh.), or ‘the plaintiff or the defendant’ (Kull.), or ‘any suitor.’ ‘Others’ explain the second half of the verse according to Medh., as follows, ‘and let him not appropriate money brought to him in any other manner than for the suit.’
44. Thus Kull. and Ragh. But Medh. and Gov. take the verse a little differently, ‘As the hunter tracks the steps of (a wounded) deer,’ &c.
Thus Kull. and Ragh. But Medh. and Gov. take the verse a little differently, ‘As the hunter tracks the steps of (a wounded) deer,’ &c.
45. ‘ The truth,’ i. e. ‘removing all fraud’ (Kull., Ragh.), or ‘ what portion (of this suit) is based on truth’ (Nar, Nand.). Artham, ‘the object of the dispute,’ i.e. ‘if it be not too insignificant, in which case the plaint must not be accepted’ (Medh., Gov., Kull., R4gh.). Nar. explains artha by ‘the money realised by a fine and the like,’ Nand. by ‘the aim.’ ‘Himself,’ i.e. ‘that he will obtain heaven by a just decision’ (Kull., Ragh.). ‘The place and the time,’ i.e. ‘what is befitting the place and the time’ (Kull.), or ‘the place, e.g. Bandras, and the time (e. g. of a famine) where and when the offence has been committed, and which may make the case lighter or heavier’ (Medh., Ragh.), or ‘the customs of the country and what is befitting the time ’ (N4r.), or ‘the place where the offence was committed and the age of the offender’ (Gov.). RQpam, ‘the aspect,’ i.e. ‘the nature of the object’ (Medh., Nand.), or ‘the nature of the case’ (Kull.), or ‘the looks of the parties’ (Medh. ‘others,’ Gov.,, Nar., Ragh.).
46. Thus Kull., Nar., Ragh., and Nand. But Medh. takes the verse differently, ‘ What has been practised by the virtuous and byp. 47 opposed to the (customs of) countries, families, and castes (gti).
47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due).
48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay.
49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force.
50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own.
51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt twice-born men .... that he shall establish as law for countries, families, and castes, if it is not opposed (to texts of the Sruti and Smriti).’ Gov. reads anurfipam, ‘conform with,’ instead of aviruddham, ‘not opposed,’ and seems to agree with Medh. He says, ‘And thus Jet him punish in lawsuits the litigant who acts in a contrary manner; and as here the phrase “what is practised by the virtuous” is used, this (rule) must refer to good conduct.’ But the rule, given in verse 41, must refer to laws other than ‘(those relating to) good conduct.’
He says, ‘And thus Jet him punish in lawsuits the litigant who acts in a contrary manner; and as here the phrase “what is practised by the virtuous” is used, this (rule) must refer to good conduct.’ But the rule, given in verse 41, must refer to laws other than ‘(those relating to) good conduct.’
49. Vyavaharena, ‘by suit of law’ (Gov., Kull., Nar.), or ‘ by threatening a lawsuit’ (Nand.), or ‘ by forced labour’ (Medh.), or ‘ by a forcible sale of property’ (Ragh.). A-arita, ‘ the customary proceeding,’ i.e. ‘ by killing one’s wife, children, and cattle, and sitting at the debtor’s door.’ Brihaspati, quoted by Kull. and R4gh., or ‘by fasting’ (Gov.), or ‘by the creditor’s starving himself to death’ (N4r.). This custom corresponds to the so-called prayopavesana, or Dharaa, and to the Traga of the bards.
50. Vi. VI, 19; YAgw. II, 40.
51. ‘In this case self-help must not be used’ (Medh.). Regarding the amount of the fine, see below, verse 139.
ra VIII, 57. CIVIL AND CRIMINAL LAW; DEBTS. 263 to the creditor and a small fine according to his circumstances.
52. On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence.
53. (The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statemegts (are) confused or contradictory ;
54. Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it;
55: Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court);
56. Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit.
57- Him also who says ‘I have witnesses,’ and, 2
52. Instead of desyam, ‘(a witness) who was present (when the loan was made,’ K., Ragh., Kull.), Medh., Gov., N4r., and Nand. read desam, ‘(must point out) the place.’
53-56. Yagz. Il, 16. ;
53- Medh., Gov., Nar., and Nand. read apadesam, ‘ a wrong or impossible place,’ instead of adesyam, ‘a witness not present.’ Kull. reads according to the editions, ‘adesyam,’ but his explanation agrees with the other reading.
54. Pranihitam, ‘ duly stated (by himself),’ (Kull., Nand.), i.e. ‘in the plaint’ (Gov.), means according to Ragh. and Nar. ‘duly ascertained.’
56. ‘Who does not know what is the first (point) and what is the second,’ i.e. ‘what is the proof and what the matter to be proved’ (Kull, Ragh.), or ‘what ought to be said first and what later’ (Nar., Nand.).
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being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited. ;
‘what is the proof and what the matter to be proved’ (Kull, Ragh.), or ‘what ought to be said first and what later’ (Nar., Nand.).
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being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited. ;
58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fortnights, he has lost his cause.
59. In the double of that sum which (a defendant) falsely denies or on which (the plaintiff) falsely declares, shall those two (men) offending against justice be fined by the king.
60. (A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the presence of the Brahmaza (appointed by) the king.
61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence).
62. ‘Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaisyas, or S(dras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency.
58. ‘If a plaintiff does not speak,’ i.e. ‘after bringing a suit’ (Kull.). Corporal punishment is for heavy cases (Kull.).
59- Yagh. II, 59.
60. Thus Gov., Kull., Ragh., but the last words may also mean ‘in the presence of the king and of the Brahmazas.’
61-72. Ap.II, 29, 7; Gaut. XIII, 1-4; Vas. XVI, 28-30; Baudh. I, 19,13; Vi. VIII, 7-9; Yaga. II, 68-72.
62. Medh. and Nar. refer the expression ‘ not any person whatever (their condition may be),’ to such as volunteer to give evidence without being summoned. The ‘cases of urgency’ are those mentioned below, verse 69.
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63. Trustworthy men of all the (four) castes (varza) may be made witnesses in lawsuits, (men) who know (their) whole duty, and are free from covetousness; but let him reject those (of an) opposite (character).
66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden
¥ 65. The king cannot be made a witness, nor mechanics and actors, nor a Srotriya, nor a student , of the Veda, nor (an ascetic) who has given up (all) connexion (with the world),
66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden
64. ‘Who have an interest in the suit’ (N4r.) means according to Medh., Gov., Kull., and Ragh. ‘connected by money, i.e. creditors or debtors of the parties,’ or according to Nand. ‘men who have received benefits from one of the parties.’ Sah4ya, ‘companions,’ i.e. ‘sureties and the like’ (Medh.), or ‘servants’ (Kull., Nar.). Drishéadosha, ‘ men formerly convicted (of perjury),’ (Medh., Gov., Kull. Nar., Ragh., Nand.), may according to Medh. also mean ‘ men who have been convicted (of any serious offence).’ Men afflicted with serious illnesses must not be made witnesses, because such men are liable to become angry or to forget and thus to give false evidence (Medh.). Dfishita, ‘tainted,’ i.e. by mortal crimes or numerous smaller offences (Medh., Kull., Ragh.), means according to Nar. and Nand. Abhisastas, ‘ those accused of such crimes.’
65. Kusilava, ‘actors’ (N4r.), or ‘dancers, musicians, and singers’ (Medh.), or ‘actors and so forth’ (Gov., Kull.), or ‘ singers’ (Nand.). A Srotriya, or Bréhmasa learned in the Vedas, cannot be made a witness, because he has to attend to his studies and to the Agnihotra (Medh., Kull., Nar., Ragh., Gov., Nand.). The same remark applies to the last two classes. Lingastha, ‘a student,’ includes according to N&r., Gov., Nand., Medh. also ‘ascetics.’
66. ‘One wholly dependent,’ i. e.‘a slave by birth’ (Medh., Gov.,p. 67 occupations, nor an aged (man), nor an infant, nor one (man alone), nor a man of the lowest castes, nor one deficient in organs of sense,
67. Nor one extremely grieved, nor one intoxicated, nor a madman, nor one tormented by hunger or thirst, nor one oppressed by fatigue, nor. one tormented by desire, nor a wrathful man, nor a thief.
68. Women should give evidence for women, and for twice-born men twice-born men (of the) same (kind), virtuous Sddras for Sddras, and men of the lowest castes for the lowest.
69. But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties.
70. On failure (of qualified witnesses, evidence)
69. But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties.
70. On failure (of qualified witnesses, evidence)
Kull., Nar., Ragh.). Vaktavya,‘one of bad fame,’ may according to Medh. also mean ‘one afflicted with leprosy or some other bad disease.’ Dasyu, i.e. ‘a servant for wages’ (Medh., Gov., Ragh.), or ‘a hard-hearted man’ (Medh.), or ‘an angry man’ (Kull.), or ‘a murderer’ (RAgh.), or ‘a low-caste man’ (Nand.). The term denotes, however, properly the aboriginal robber-tribes, and probably includes all those resembling them. ‘One who follows forbidden occupations,’ i.e. ‘a Brahmana who has become a warrior or a trader and the like’ (Medh.), or ‘a butcher and the like’ (N4r.).
68. Vas. XVI, 30. ‘ Women should give evidence for women only in cases between women or in matters concerning the female sex, which they alone may be supposed to know’ (Medh., Gov., Kull.). ‘ Twice-born men of the same kind,’ i. e. ‘of the same caste’ (Kull., Nar., Nand.), or ‘of the same caste and equally virtuous’ (Gov.), or ‘of the same place,’ or ‘ of the same caste, occupations, &c.’ (Medh.).
69. ‘Of (a crime causing) loss of life,’ i.e. ‘ of robberies, murders, and the like’ (Medh., Gov., Kull.).
70. The rule refers to the cases mentioned in verse 69 (Gov., Kull.), or to the last only (Nar.).
VIII, 7g. CIVIL AND CRIMINAL LAW; PROCEDURE. 267 may be given (in such cases) by a woman, by an infant, by an aged man, by a pupil, by a relative, by a slave, or by a hired servant.
71. But the (judge) should consider the evidence of infants, aged and diseased men, who (are apt to) speak untruly, as untrustworthy, likewise that of men with disordered minds.
72. In all cases of violence, of theft and adultery, of defamation and assault, he must not examine the (competence of) witnesses (too strictly).
73. On a conflict of the witnesses the king shall accept (as true) the (evidence of the) majority; if (the conflicting parties are) equal in number, (that of) those distinguished by good qualities; on a difference between (equally) distinguished (witnesses, that of) the best among the twice-born.
74. Evidence in accordance with what has actually been seen or heard, is admissible; a witness who speaks truth in those (cases), neither loses spiritual merit nor wealth.
75. A witness who deposes in an assembly of honourable men (Arya) anything else but what he has seen or heard, falls after death headlong into hell and loses heaven.
73. Vi. VIII, 39; Yaga. II, 78, 80. ‘The best of the twiceborn,’ i.e. ‘ Brahmanas’ (Gov., Nar.), or ‘ particularly distinguished Brahmanas, who fulfil their sacred duties’ (Kull., Ragh.).
74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15; Vas. XVI, 36; Vi. VIII, 13-14.
74. ‘Nor wealth,’ i.e. ‘he will not be fined.’
‘The best of the twiceborn,’ i.e. ‘ Brahmanas’ (Gov., Nar.), or ‘ particularly distinguished Brahmanas, who fulfil their sacred duties’ (Kull., Ragh.).
74-75. Ap. II, 29, 9-10; Gaut XIII, 7; Baudh. I, 19, 14-15; Vas. XVI, 36; Vi. VIII, 13-14.
74. ‘Nor wealth,’ i.e. ‘he will not be fined.’
75. ‘In an assembly of honourable men,’ i.e. in court (Medh. be. or ‘in an assembly of Brahmamas’ (Gov.). ‘And loses heaven, i. ewhich he may have earned by good works (Medh., Gov., Kull., Nand.), or ‘even after passing through hell, he cannot get into heaven, because his merit is extinct’ (Nar.).
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76. When a man (originally) not appointed to be a witness sees or hears anything and is (afterwards) examined regarding it, he must declare it (exactly) as he saw or heard it.
77. One man who is free from covetousness may be (accepted as) witness; but not even many pure women, because the understanding of females is apt to waver, nor even many other men, who are tainted with sin.
78. What witnesses declare quite naturally, that must be received on trials; (depositions) differing from that, which they make improperly, are worthless for (the purposes of) justice.
79. The witnesses being assembled in the court in the presence of the plaintiff and of the defendant, let the judge examine them, kindly exhorting them in the following manner :
80. ‘What ye know to have been mutually transacted in this matter between the two men before us, declare ald that in accordance with the truth; for ye are witnesses in this (cause).
81. ‘A witness who speaks the truth in his evidence, gains (after death) the most excellent regions (of bliss) and here (below) unsurpassable fame; such , testimony is revered by Brahman (himself).
76. ‘(Originally) not appointed (to be a witness),’ i.e. ‘not entered as a witness in the document’ (Medh.), ‘ but accidentally present at the transaction’ (Kull., Nar., Nand.).
78. ‘Quite naturally,’ i.e. ‘not out of compassion, in the belief of gaining merit, or depending on women’ (Medh.), or ‘ not out of fear and the like’ (Kull.), or ‘ without hesitation, quickly’ (N4r.). Gov. and Nand. explain it ‘in accordance with the truth.’
79. Gaut. XIII, 5.
80-101. Ap. II, 29, 9-10 ; Gaut. XIII, 14-22; Vas. XVI, 32-34; Baudh. I, 19, 9-12 ; Vi. VIII, 19-37; YAgi. I, 73-75.
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82. ‘He who gives false evidence is firmly bound by Varuza’s fetters, helpless during one hundred existences ; let (men therefore) give true evidence.
83. ‘By truthfulness a witness is purified, through truthfulness his merit grows; truth must, therefore, be spoken by witnesses of all castes (varma).
84. ‘The Soul itself is the witness of the Soul, and the Soul is the refuge of the Soul; despise not thy own Soul, the supreme witness of men.
85. ‘The wicked, indeed, say in their hearts, “ Nobody sees us;” but the gods distinctly see them and the male within their own breasts.
84. ‘The Soul itself is the witness of the Soul, and the Soul is the refuge of the Soul; despise not thy own Soul, the supreme witness of men.
85. ‘The wicked, indeed, say in their hearts, “ Nobody sees us;” but the gods distinctly see them and the male within their own breasts.
86. ‘ The sky, the earth, the waters, (the male in) the heart, the moon, the sun, the fire, Yama and the wind, the night, the two twilights, and justice know the conduct of all corporeal beings.’
87. The (judge), being purified, shall ask in the forenoon the twice-born (witnesses) who (also have been) purified, (and stand) facing the north or the east, to give true evidence in the presence of (images of) the gods and of Brahmamas.
88. Let him examine a Brahmaza (beginning with) ‘Speak,’ a Kshatriya (beginning with) ‘Speak _ the truth,’ a Vaisya (admonishing him) by (mentioning) his kine, grain, and gold, a Sidra (threatening
82. ‘Varuna’s fetters,’ i.e. ‘terrible snake-bonds or dropsy’ (Medh., Kull.). Gov. mentions the snake-bonds alone, and R4gh. says that the verse threatens the punishment of hell. Dropsy is a disease specially attributed to Varuna, see Rig-veda VII, 89, 1, and the story of Sunafsepha, Ait. Brahm. VII, 15. The fetters of Varuna are mentioned as the punishment of liars, Atharva-veda IV, 16, 6.
86. ‘(The male in) the heart,’ i.e.‘ the male or spirit (purusha) who resides in the human heart, clothed with a rudimentary body’ (Medh.), and similarly the other commentators.
88. ‘(Admonishing him) by (mentioning) his kine, grain, or gold,’
i. e. ‘threatening him with the guilt of all offences committed against
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him) with (the guilt of) every crime that causes loss of caste;
89. (Saying), ‘Whatever places (of torment) are assigned (by the sages) to the slayer of a Brahmaza, to the murderer of women and children, to him who
- betrays a friend, and to an ungrateful man, those shall be thy (portion), if thou speakest falsely.
go. ‘(The reward) of all meritorious deeds which thou, good man, hast done since thy birth, shall become the share of the dogs, if in thy speech thou departest from the truth.
gi. ‘If thou thinkest, O friend of virtue, with respect to thyself, “I am alone,” (know that) that sage who witnesses all virtuous acts and all crimes, ever resides in thy heart.
92. ‘If thou art not at variance with that divine Yama, the son of Vivasvat, who dwells in thy heart, thou needest neither visit the Ganges nor- the (land of the) Kurus.
93. ‘Naked and shorn, tormented with hunger and thirst, and deprived of sight, shall the man who gives false evidence, go with a potsherd to beg food at the door of his enemy.
94. ‘ Headlong, in utter darkness shall the sinful man tumble into hell, who being interrogated in a judicial inquiry answers one question falsely.
94. ‘ Headlong, in utter darkness shall the sinful man tumble into hell, who being interrogated in a judicial inquiry answers one question falsely.
95. ‘That man who in a court (of justice) gives an untrue account of a transaction (or asserts a fact) of which he was not an eye-witness, resembles a blind man who swallows fish with the bones.
96. ‘ The gods are acquainted with no better man kine, &c.’ (Medh.), or ‘ with the guilt of the theft of kine, &c.’ (Gov., Kull., Ragh.), or ‘with the loss of his kine, &c.’ (N4r.), or ‘ by making him touch a cow, &c.’ (Nand.),
VIII, ror. CIVIL AND CRIMINAL LAW; PROCEDURE, 271 in this world than him, of whom his conscious Soul has no distrust, when he gives evidence.
97. ‘Learn now, O friend, from an enumeration in due order, how many relatives he destroys who gives false evidence in several particular cases.
98. ‘He kills five by false testimony regarding (small) cattle, he kills ten by false testimony regarding kine, he kills a hundred by false evidence concerning horses, and a thousand by false evidence concerning men.
99. ‘By speaking falsely in a cause regarding gold, he kills the born and the unborn; by false evidence concerning land, he kills everything; beware, therefore, of false evidence concerning land.
100. ‘They declare (false evidence) concerning water, concerning the carnal enjoyment of women, and concerning all gems, produced in water, or consisting of stones (to be) equally (wicked) as a lie concerning land.
101. ‘Marking well all the evils (which are pro-
97- Hanti, ‘destroys or kills,’ i. e. ‘causes to fall into hell’ (Medh., Gov., Kull., N&r.), or ‘causes to fall from heaven and to be reborn in the wombs of animals’ (R4gh.). Medh. and Kull. (verse 99) give another explanation of this expression, viz. ‘incurs a guilt as great as if he had killed them.’
98. ‘Men,’ i.e. ‘slaves.’
99. ‘Everything,’ i.e. ‘everything animated’ (Gov., Kull), or ‘even more than a thousand’ (Nar., Ragh.).
too. ‘ Water,’ i.e. ‘ wells, tanks, &c.’ ‘Gems produced in water,’ i.e. ‘ pearls, coral, &c.’
Verse 99 ‘is placed by Nand. before verse roo, and some others are inserted between and after them, but the confusion is probably owing merely to clerical errors, aS no commentary is given.
101. Ajigasa, ‘openly,’ means according to Gov. and Kull. ‘truly,’ according to Nar. ‘quickly.’
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duced) by perjury, declare thou openly everything as (thou hast) heard or seen (it).’
102. Brahmawzas who tend cattle, who trade, who are mechanics, actors (or singers), menial servants or usurers, the (judge) shall treat like Sddras.
103. In (some) cases a man who, though knowing (the facts to be) different, gives such (false evidence) from a pious motive, does not lose heaven; such (evidence) they call the speech of the gods.
103. In (some) cases a man who, though knowing (the facts to be) different, gives such (false evidence) from a pious motive, does not lose heaven; such (evidence) they call the speech of the gods.
104. Whenever the death of a Sddra, of a Vaisya, of a Kshatriya, or of a Brahmaza would be (caused) by a declaration of the truth, a falsehood may be spoken; for such (falsehood) is preferable to the truth. .
105. Such (witnesses) must offer to Sarasvatt oblations of boiled rice (aru) which are sacred to the goddess of speech, (thus) performing the best penance in order to expiate the guilt of that falsehood.
106. Or such (a witness) may offer according to the rule clarified butter in the fire, reciting the Kifishm4zda texts, or the Azé, sacred to Varuma, ‘Untie, O Varuza, the uppermost fetter,’ or the three verses addressed to the Waters.
107. A man who, without being ill, does not give evidence in (cases of) loans and the like within three fortnights (after the summons), shall become responroz. Vas, III, 1.
103-104. Gaut. XIII, 24-25 ; Vas. XVI, 36; Vi. VIII, 15 ; Yagi. II, 83.
103. Nand. omits this verse.
105-106. Baudh. I, 19,16; Vi. VIII, 16; Yaga. II, 83.
106. The Kfshm4éada texts are found Tait. Ar. X, 3-5; the verse addressed to Varuza, Rig-veda I, 24, 15 ; and the three verses addressed to the Waters, Rig-veda X, 9, 1-3.
107. Yagi. II, 76.
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sible for the whole debt and (pay) a tenth part of the whole (as a fine to the king).
108. The witness to whom, within seven days after he has given evidence, happens (a misfortune through) sickness, a fire, or the death of a relative, shall be made to pay the debt and a fine.
109. If two (parties) dispute about matters for which no witnesses are available, and the (judge) is unable to really ascertain the truth, he may cause it to be discovered even by an oath.
110. Both by the great sages and the gods oaths have been taken for the purpose of (deciding doubtful) matters; and Vasish¢4a even swore an oath before king (Suds), the son of Pigavana.
Trz, Let no wise man swear an oath falsely, even in a trifling matter; for he who swears an oath falsely is lost in this (world) and after death.
112. No crime, causing loss of caste, is committed by swearing (falsely) to women, the objects of one’s desire, at marriages, for the sake of fodder for a cow, or of fuel, and in (order to show) favour to a Brahmaza.
108. YAgii. II, 113.
tog. Gaut. XIII, 12-13; Vi. IX, 2-9. According to Medh. sapatha, ‘ oath,’ is used for the whole daiva anumana, ‘divine proof,’ and thus includes the ordeals.
108. YAgii. II, 113.
tog. Gaut. XIII, 12-13; Vi. IX, 2-9. According to Medh. sapatha, ‘ oath,’ is used for the whole daiva anumana, ‘divine proof,’ and thus includes the ordeals.
110. Medh. and Gov. point out that the seven sages purified themselves by oaths when they mutually accused each other of a theft of lotus-fibres (Mah. XIII, 93, 13 seqq.), and that Indra swore an oath when he was accused of an intrigue with Ahaly4, the wife of Gautama. Vasish/ha finally cleared himself of the accusation which Visvamitra brought against him before king Sudas, that he was a Rakshasa and had devoured his hundred sons (Medh., Gov., Kull., Nér., Ragh., Nand.). See Sayana on Rig-veda VII, 104, and especially on verse 15, which is considered to contain the oath sworn.
112. Gaut. XXIII, 29; Vas. XVI, 35. ‘Fuel,’ i.e. ‘for a burnt-
[25] T
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113. Let the (judge) cause a Brahmaza to swear by his veracity, a Kshatriya by his chariot or the animal he rides on and by his weapons, a Vaisya by his kine, grain, and gold, and a Sddra by (imprecating on his own head the guilt) of all grievous offences (pataka).
114. Or the (judge) may cause the (party) to carry fire or to dive under water, or severally to touch the heads of his wives and children,
115. He whom the blazing fire burns not, whom the water forces not to come (quickly) up, who meets with no speedy misfortune, must be held innocent on (the strength of) his oath.
116. For formerly when Vatsa was accused by his younger brother, the fire, the spy of the world, burned not even a hair (of his) by reason of his veracity.
117. Whenever false evidence has been given in any suit, let the (judge) reverse the judgment, and whatever has been done must be (considered as) undone.
oblation’ (Medh., Gov., Kull., Nar.). In the last cases the sacredness of the purpose excuses the crime.
113. The Kshatriya and Vaisya must touch the things mentioned, and say, ‘ May they become useless to me!’ (Medh., Gov., Kull.)
114. This verse refers, as the commentators assert, to the two ordeals described by Vi. XI-XII, and Y4g%. II, 103-109. Medh., Gov., and Kull. assert that ordeals are to be used in particularly important cases only; see also Vi. IX, 10-14.
116. Maitreya, the step-brother of Vatsa, accused the latter of being the offspring of a Sfidra woman. In order to prove the falseness of this allegation, Vatsa passed through a fire (Medh., Gov., Kull., Nar., Ragh.). I read spasa# instead of sprisah.
117. Vi. VIII, 40. ‘Fines imposed must be remitted’ (Gov., Kull., Nar.)
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118. Evidence (given) from covetousness, distraction, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid.
119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives.
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118. Evidence (given) from covetousness, distraction, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid.
119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives.
120. (He who commits perjury) through covetousness shall be fined one thousand (pazas), (he who does it) through distraction, in the lowest amercement ; (if a man does it) through fear, two middling amercements shall be paid as a fine, (if he does it) through friendship, four times the amount of the lowest (amercement).
121. (He who does it) through lust, (shall pay) ten times the lowest amercement, but (he who does it) through wrath, three times the next (or second amercement); (he who does it) through ignorance, two full hundreds, but (he who does it) through childishness, one hundred (pamas).
122, They declare that the wise have prescribed these fines for perjury, in order to prevent a failure of justice, and in order to restrain injustice.
123. But a just king shall fine and banish (men of) the three (lower) castes (varza) who have given false evidence, but a Brahmaza he shall (only) banish,
124. Manu, the sqn of the Self-existent (Svayambhu), has named ten places on which punishment
119-123. Yaga. II, 81.
120. Regarding the three amercements, see below, verse 138.
123. Vivasayet, ‘he shall (only) banish’ (Kull., Nar, Ragh,, Nand.), means according to Medh.‘he shall deprive him of his clothes or of his house.’ Gov. gives Medh.’s first explanation only. 124, Ap. Il, 27; 8, 17-19; Gaut. XII, 46-47; Vi. V, 2-8. T2
276 LAWS OF MANU. VOT, 12g.
may be (made to fall) in the cases of the three (lower) castes (varza); but a Brahmama shall depart unhurt (from the country).
125. (These are) the organ, the belly, the tongue, the two hands, and fifthly the two feet, the eye, the nose, the two ears, likewise the (whole) body.
126. Let the (king), having fully ascertained the motive, the time and place (of the offence), and having considered the ability (of the criminal to suffer) and the (nature of the) crime, cause punishment to fall on those who deserve it.
127. Unjust punishment destroys reputation among men, and fame (after death), and causes even in the next world the loss of heaven; let him, therefore, beware of (inflicting) it.
128. A king who punishes those who do not deserve it, and punishes not those who deserve it, brings great infamy on himself and (after death) sinks into hell.
129. Let him punish first by (gentle) admonition, afterwards by (harsh) reproof, thirdly by a fine, after that by corporal chastisement.
130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes conjointly).
131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used
130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes conjointly).
131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used
126. Gaut. XII, 51; Yagf. I, 367. Anubandham, ‘the motive,’ includes according to Gov. and Kull. also ‘the frequency of the offence.’ " Nar. gives the latter meaning alone. Nand. reads aparadham, ‘the offence.’ Instead of sfraparadhau Nand. reads sirasdram, ‘the strength or weakness (of the offender).’
127-128. YAph. I, 356;-Vi. XIX, 43.
- 129-130. Yagi. I, 366. 131-138. Vi. IV, 1-14; Yagi. I, 361-365.
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on earth for the purpose of business transactions among men, I will fully declare.
132. The very small mote which is seen when the sun shines through a lattice, they declare (to be) the least of (all) quantities and (to be called) a trasaremu (a floating particle of dust).
133. Know (that) eight trasarezus (are equal) in bulk (to) a liksh4 (the egg of a louse), three of those to one grain of black mustard (ragasarshapa), and three of the latter to a white mustard-seed.
134. Six grains of white mustard are one middlesized barley-corn, and three barley-corns one kvzshvala (raktik4é, or guéga-berry); five kvzshzalas are one masha (bean), and sixteen of those one suvaraa,
135. Four suvarzas are one pala, and ten palas one dharaza; two krzshzalas (of silver), weighed together, must be considered one mashaka of silver.
136. Sixteen of those make a silver dharava, or puradvza; but know (that) a karsha of copper is a karshapaza, or pazea.
137. Know (that) ten dharawas of silver make one satamana ; four suvarzas must be considered (equal) in weight to a nishka.
138. Two hundred and fifty pazas are declared (to be) the first (or lowest) amercement, five (hundred) are considered as the mean (or middlemost), but one thousand as the highest.
139. A debt being admitted as due, (the defendant)
134. The krishaala or raktik4 (ratti) is still used by jewellers and goldsmiths. It corresponds to 0.122 grammes, or 1.875 grains.
136. A karsha=16 mashas=8o kreshaalas.
139. Vi. VI, 20-21; YAgii. II, 42. According to Nar. ‘some’ only have this verse.
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shall pay five in the hundred (as a fine), if it be denied (and proved) twice as much; that is the teaching of Manu.
140. A money-lender may stipulate as an increase of his capital, for the interest, allowed by Vasish¢fa, and take monthly the eightieth part of a hundred,
141. Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain.
142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varma).
Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain.
142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varma).
143. But if a beneficial pledge (i.e. one from which profit accrues, has been given), he shall receive no interest on the loan; nor can he, after keeping (such) a pledge for a very long time, give or sell it.
140. Gaut. XII, 29; Yag#. II, 37. The rule occurs in our VAsish‘ha Dharmasdstra II, 51. The amount is fifteen per cent per annum. According to Kull. (on verse 141), Nar., Ragh., and Nand. this rule refers to a debt secured by a pledge, and the correctness of this view is proved by the parallel passage of Yagi.
141-142. Vas. II, 48; Vi. VI, 2; Yagi. II, 37. This rule refers, according to the same commentators, to unsecured loans. A Bréhmaza is to pay two per cent per month, a Kshatriya three, a Vaisya four, and a Sidra five. Med. and Gov. think that the rule refers to cases where the creditor is unable to live on the smaller interest.
143. Gaut. XII, 32; Vi. VI, 5. ‘A beneficial pledge,’ i.e. ‘land, cattle, slaves, &c.’ According to Medh., Gov., and Nar., the last clause refers to pledges which are not used. But Kull. objects that this is contrary to the common practice of the Sish/as, and Ragh. refers to Yagi. II, 58, where it is clearly stated that beneficial pledges only are never lost, while those which are merely kept are lost when the original debt is doubled by unpaid interest.
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144. A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he commits a theft of the pledge.
145. Neither a pledge nor a deposit can be lost by lapse of time; they are both recoverable, though they have remained long (with the bailee).
146. Things used with friendly assent, a cow, a camel, a riding-horse, and (a beast) made over for breaking in, are never lost (to the owner).
147. (But in general) whatever (chattel) an owner sees enjoyed by others during ten years, while, though present, he says nothing, that (chattel) he shall not recover.
148. If (the owner is) neither an idiot nor a minor and if (his chattel) is enjoyed (by another) before his eyes, it is lost to him by law; the adverse possessor shall retain that property.
149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.
149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.
144. Vi. VI, 5; Y4g%. II, 59. According to Medh. clothes, &c., are meant; according to Kull. and R4gh. clothes, ornaments, &c. ; according to N&r. beds and so forth. Na&r. thinks that the expression ‘the value’ refers to the profit made by the use of the pledge.
145. Vi. VI, 7-8; Y4g#. 11, 58. According to Medh. the pledge spoken of here is ‘a pledge for keeping which is forcibly used.’ Upanidhi, ‘a deposit,’ means according to Medh., Gov., Kull. (who however refers the term also to deposits), Ragh., and Nand. ‘anything lent to another out of friendship;’ according to Nar. ‘an additional pledge, given subsequently, in order to complete the security for the loan.’
147-148. Gaut. XII, 37; Vas. XVI, 16-17; Yagi. II, 24.
150. The fool who uses a pledge without the permission of the owner, shall remit half of his interest, as a compensation for (such) use.
151. In money transactions interest paid at one time (not by instalments) shall never exceed the double (of the principal); on grain, fruit, wool or hair, (and) beasts of burden it must not be more than five times (the original amount).
152. Stipulated interest beyond the legal rate, being against (the law), cannot be recovered; they call that a usurious way (of lending); (the lender) is (in no case) entitled to (more than) five in the hundred.
153. Let him not take interest beyond the year, nor such as is unapproved, nor compound interest, periodical interest, stipulated interest, and corporal interest.
i.e. ‘female slaves and the like.’ R4gh. adds that their offspring is not lost to the owner. UpanidhiA, ‘a sealed deposit’ (Gov., Kull. Naér., and R&gh.). .
150. According to the commentators this is the consequence, resulting from the secret unpermitted use of a pledge in ordinary cases, while the loss of the whole interest ensues in the case of a forcible use in contravention of a special prohibition.
151. Gaut. XII, 31, 36; Vi. VI, 11-15; Y4ga. II, 39. The interest here intended is such which is not paid by instalments, but becomes due together with the principal. According to the commentators, the whole sum payable, i.e. the interest together with the principal, shall not exceed the double of the sum lent, or, in the special cases mentioned, five times that amount.
152. According to Gov. and Nar. this verse entitles the moneylender to take five per cent from Aryans, not from Sddras only.
the interest together with the principal, shall not exceed the double of the sum lent, or, in the special cases mentioned, five times that amount.
152. According to Gov. and Nar. this verse entitles the moneylender to take five per cent from Aryans, not from Sddras only.
153. Gaut. XII, 30, 34-35. ‘A creditor may take for the term of a year interest which has been settled by the following agreement, “ When one, two, or three months have passed, the interest on the (capital) shall be calculated and be paid to me at one time ;” but he shall not take the interest according to the agreement after
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154. He who, unable to pay a debt (at the fixed time), wishes to make a new contract, may renew the agreement, after paying the interest which is due.
155. If he cannot pay the money (due as interest), he may insert it in the renewed (agreement); he must pay as much interest as may be due.
156. He who has made a contract to carry goods by a wheeled carriage for money and has agreed to a certain place or time, shall not reap that reward, if he does not keep to the place and the time (stipulated).
a year has passed’ (Kull., Ragh.). According to Gov. this clause means, ‘If (the creditor) does not take the money (due) for two or three years and (the debtor) pays then, (the creditor) shall not take more interest than for one year.’ Nar. says, ‘atisAmvatsarim (“ beyond the year”) means that (interest) which after the lapse of one year only is redundant,’ i. e. ‘exceeds that which has been doubled’ (see verse 151). Adr/sh/Am, ‘ unapproved,’ i.e. ‘in the law-books’ (Kull., Ragh), or ‘in the law-books and in daily life’ (Nand.), means according to Medh. and Gov. anupaéitém, ‘ which has not accumulated,’ i.e. ‘ which is taken for one, two, or three days.’ Nar. agrees with the latter view. K4lavrzddhiA, ‘periodical interest,’ i.e. ‘monthly interest’ (Gov., N&r.), or ‘interest in contravention of verse 151’ (Kull, Ragh.). K4rit4, ‘ stipulated interest, i.e. ‘an illegal rate of interest, or interest which runs on after the principal has been doubled, agreed to by the debtor on account of distress’ (Medh., Gov., Nar., Kull., Ragh.). Kéayik4, ‘corporal interest,’ i.e. ‘to be paid by bodily labour or by the use of the body of a pledged animal or slave’ (Medh.). Kull. Ragh. and Nand. give the second explanation. According to ‘some,’ quoted by Medh. and Nar., the last four kinds of interest are not forbidden. Medh. and Gov. think all or some of them are permissible for merchants. See also for the explanation of the terms, Gaut. XII, 34-35, notes; and Colebrooke I, Digest 35-45.
154. Karama, ‘the agreement,’ i.e. ‘the written bond’ (Kull., R4gh.), or ‘ the written bond and so forth’ (Gov., Nar.). According to the latter two, with whom Medh. seems to agree, karama may also refer to a verbal agreement before witnesses.
155. ‘ Pay,’ i.e. promise to pay in the new agreement.
Karama, ‘the agreement,’ i.e. ‘the written bond’ (Kull., R4gh.), or ‘ the written bond and so forth’ (Gov., Nar.). According to the latter two, with whom Medh. seems to agree, karama may also refer to a verbal agreement before witnesses.
155. ‘ Pay,’ i.e. promise to pay in the new agreement.
156. Thus Medh., Gov., Kull., and Ragh. But Nar. and Nand.
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157. Whatever rate men fix, who are expert in sea-voyages and able to calculate (the profit) according to the place, the time, and the objects (carried), that (has legal force) in such cases with respect to the payment (to be made).
158. The man who becomes a surety in this (world) for the appearance of a (debtor), and produces him not, shall pay the debt out of his own property.
159. But money due by a surety, or idly promised, or lost at play, or due for spirituous liquor, or what remains unpaid of a fine and a tax or duty, the son (of the party owing it) shall not be obliged to pay.
160. This just mentioned rule shall apply to the case of a surety for appearance (only); if a surety for payment should die, the (judge) may compel even his heirs to discharge the debt.
161. On what account then: is it that after the death of a surety other than for payment, whose explain 4akravrzddhi, ‘a contract to carry goods by a wheeled carriage,’ by ‘ compound interest;’ and Medh. on verse 157 mentions this opinion too.
157. The expression ‘in sea-voyages’ includes voyages by land (Medh., Gov., Kull, Ragh.), or all voyages (N4r.). The commentators, who explain the preceding verse as referring to compound interest, explain this to mean that merchants trading by sea must pay any rate of interest for money borrowed which experts may fix (see Yagi. II, 38). The others, of course, understand by ‘the rate’ (vriddhi) the carrier’s or shipowner’s wages.
158-160. Gaut. XII, 42; Vi. VI, 41; Yagi. II, 47, 53-54-
159. ‘Idly promised,’ i.e. ‘to clowns and so forth’ (Kull.), or ‘to bards and the like’ (N4r.), or ‘not for a religious purpose, but to singers and the like’ (Nand.), or ‘in jest, to bards and the like’ (R4gh.), or ‘a pour-boire and the like’ (Gov.).
161. ‘Whose affairs are fully known,’ i.e. ‘the cause for whichp. 283 affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)?
162. If the surety had received money (from him for whom he stood bail) and had money enough (to pay), then (the heir of him) who received it, shall pay (the debt) out of his property; that is the settled rule.
163. A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorised (party) is invalid.
164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).
164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).
165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void.
166. If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided.
he became a surety (e. g. for appearance or good behaviour) being fully known’ (Nar., Ragh.),
162. Alamdhanad, ‘had money enough (to pay),’ i.e. ‘had received a sum equal to the loan contracted by him for whose appearance he stood surety’ (Medh., Gov., Kull., N4r.). According to Ragh. the adjective refers to the heir, and means ‘ if he has money enough to pay. Nand. reads alakshitaA, ‘if a surety who received money be not found’ (i.e. has died or disappeared, &c.).
163. Yagi. II, 32.
164. ‘The sale of wife and children, giving away one’s Whole property, though one may have issue’ (Medh.).
166. Vi. VI, 39; Yagi. II, 45. The meaning is, as Nand. points out, that if a debt was contracted for the benefit of a united family,
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167. Should even a person wholly dependent make a contract for the behoof of the family, the master (of the house), whether (living) in his own country or abroad, shall not rescind it.
168. What is given by force, what is enjoyed by force, also what has been caused to be written by force, and all other transactions done by force, Manu has declared void.
169. Three suffer for the sake of others, witnesses, a surety, and judges; but four enrich themselves (through others), a Brahmavza, a money-lender, a merchant, and a king.
170. No king, however indigent, shall take anything that ought not to be taken, nor shall he, it must be repaid by the members of the family, though they may have separated afterwards.
167. Adhyadhina&, ‘a person wholly dependent,’ i.e. ‘a servant (Nar.), or ‘a slave’ (Kull.), or ‘the youngest (brother) or one in a similar position’ (R4gh.). Gov. reads va instead of api, and for vikdlayet (Medh., Kull., Ragh.) or viddrayet (Nand.), vilambayet ; and with this reading the translation must be, ‘or one wholly dependent, who makes a contract for the sake of the family, must wait for (the arrival of) the master of the house, whether he be at home or abroad.’
168. Vi. VII, 6; Yagi. IT, 89.
Vi. VII, 6; Yagi. IT, 89.
169. Kulam, ‘the judges’ (Medh., Gov., Kull.), has, according to Nar., Nand., and Ragh., its usual meaning, ‘the family. Ndr. and Nand. say that the undivided relatives have to suffer by paying the debts of a deceased coparcener; and R4gh. explains the sufferings of a family by the ruin caused through a bad son. Medh., Gov., and Kull. state that the object of the verse is to inculcate that men must not be forced to become witnesses and so forth against their will, and that Brahmamas, &c., must not force others to those transactions from which they gain advantages, e. g. to lawsuits. (Ragh. similarly.) N4r.takes the first half as a warning not to become a witness or surety or to remain undivided.
170. Vas. XIX, 14-15.
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however wealthy, decline taking that which he ought to take, be it ever so small.
171. In consequence of his taking what ought not to be taken, or of his refusing what ought to be received, a king will be accused of weakness and perish in this (world) and after death.
172. By taking his due, by preventing the confusion of the castes (varza), and by protecting the weak, the power of the king grows, and he prospers in this (world) and after death.
173. Let the prince, therefore, like Yama, not heeding his own likings and dislikings, behave exactly like Yama, suppressing his anger and controlling himself.
174. But that evil-minded king who in his folly decides causes unjustly, his enemies soon subjugate.
175. If, subduing love and hatred, he decides the causes according to the law, (the hearts of) his subjects turn towards him as the rivers (run) towards the ocean.
176. (The debtor) who complains to the king that his creditor recovers (the debt) independently (of the court), shall be compelled by the king to pay (as a fine) one quarter (of the sum) and to his (creditor) the money (due).
177. Even by (personal) labour shall the debtor make good (what he owes) to his creditor, if he be of the same caste or of a lower one; but
171. ‘For if a king takes from his subjects what he ought not to take, they will say, “He fines us, because he is unable to over-
- come the vassals, neighbours, and the forest tribes (and to obtain money from them),”’ Medh.
176. Vi. V1,19. See above, verses 49-50.
177. The last clause refers to Brahmamnas (Medh., Kull., Ragh.)..
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a (debtor) of a higher caste shall pay it gradually (when he earns something).
178. According to these rules let the king equitably decide between men, who dispute with each other the matters, which are proved by witnesses and (other) evidence.
179. A sensible man should make a deposit (only) with a person of (good) family, of good conduct, well acquainted with the law, veracious, having many relatives, wealthy, and honourable (Arya).