The Laws of Manu — SBE Vol. 25 (trans. Georg Bühler, 1886)
English·1879–1910·trans. Georg Bühler·567 passages
The text · part 16 of 27
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).
180. In whatever manner a person shall deposit anything in the hands of another, in the same manner ought the same thing to be received back (by the owner); as the delivery (was, so must be) the re-delivery.
181. He who restores not his deposit to the depositor at his request, may be tried by the judge in the depositor’s absence.
182. On failure of witnesses let the (judge) actually deposit gold with that (defendant) under some pretext or other through spies of suitable age and appearance (and afterwards demand it back).
183. If the (defendant) restores it in the manner and shape in which it was bailed, there is nothing
178. Pratyaya, ‘ (other) evidence,’ i.e. ‘by inference and divine proof’ (Medh.), or ‘by inference, oaths, and so forth’ (Gov.), or ‘by oaths’ (N&r., Nand.).
180, YAgi. IT, 65. See also below, verse 195. Nand. omits 184, and places the other verses as follows: 180, 195, 188 b, 185, 186, 189, 194, 187, 188 a, 181, 182, 183, 196, 190, 191, 192, 193.
181. The order of the verses referring to the trial of the bailee, is according to Gov. 181, 183, 184, 182, and according to Nar. 181, 183, 182, 184.
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(of that description) in his hands, for which others accuse him.
184. But if he restores not that gold, as he ought, to those (spies), then he shall be compelled by force to restore both (deposits) ; that is a settled rule of law.
185. An open ora sealed deposit must never be returned to a near relative (of the depositor during the latter's lifetime) ; for if (the recipient) dies (without delivering them), they are lost, but if he does not die, they are not lost.
186. But (a depositary) who of his own accord returns them to a near relative of a deceased (depositor), must not be harassed (about them) by the king or by the depositor’s relatives.
187. And (in doubtful cases) he should try to obtain that object by friendly means, without (having recourse to) artifice, or having inquired into the (depositary’s) conduct, he should settle (the matter) with gentle means.
~ 188. Such is the rule for obtaining back all those open deposits; in the case of a sealed deposit (the depositary) shall incur no (censure), unless he has taken out something.
189. (A deposit) which has been stolen by thieves
185. Pratyanantare, ‘to a near relative,’i.e. ‘to his son, brother, or wife’ (Medh.).
189. (A deposit) which has been stolen by thieves
185. Pratyanantare, ‘to a near relative,’i.e. ‘to his son, brother, or wife’ (Medh.).
187. According to N&r., this verse refers to cases when one believes a deposit to be with another, but has not made it over oneself; according to Gov. and Kull., to cases where there may be an error. Gov. and Kull. think that the person who should act in the manner described is the king, and they explain anviéfet, ‘one should try to obtain,’ by ‘he should decide.’ Nar. and Ragh., on the other hand, think that the depositor should act thus. The former explanation is perhaps preferable.
. 189. Yagt. II, 66,p. 190 or washed away by water or burned by fire, (the bailee) shall not make it good, unless he took part of: it (for himself).
190. Him who appropriates a deposit and him (who asks for it) without having made it, (the judge) shall try by all (sorts of) means, and by the oaths prescribed in the Veda.
191. He who does not return a deposit and he who demands what he never bailed shall both be punished like thieves, or be compelled to pay a fine equal (to the value of the object retained or claimed).
192. The king should compel him who does not restore an open deposit, and in like manner him who retains a sealed deposit, to pay a fine equal (to its value).
193. That man who by false pretences may possess himself of another's property, shall be publicly punished by various (modes of) corporal (or capital) chastisement, together with his accomplices.
190. ‘By all (sorts of) means,’ i.e. ‘by the four expedients, kindness and so forth’ (Gov., Kull., Ragh.), or ‘by spies and so forth’ (N4r.), or ‘by blows, imprisonment, and so forth’ (Medh.). ‘By the oaths prescribed in the Veda,’ i.e. ‘by the ordeals, such as carrying fire’ (Gov., Kull. Nar.). Nar. quotes a passage of the Veda, in which it is prescribed that the accused shall take hold of a hot axe.
191. Vi. V, 169-171. The former punishment, which consists of mutilation and other corporal punishments (Medh., N4r., Ragh.), or the highest amercement and the like (Gov.), shall be inflicted on others than Brahmamas in particularly bad cases and for a repetition of the offence (Medh., Gov., Kull., Nar., Ragh.).
192. Medh., Gov., and Kull. refer this rule to first offences. N&r. takes aviseshena, ‘in like manner,’ to mean ‘ without making a distinction on account of the caste of the offender.’ Medh. explains upanidhi, ‘a sealed deposit,’ by ‘an object lent in a friendly manner.’
193. ‘By false pretences,’ i.e. ‘by frightening others with the
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194. If a deposit of a particular description or quantity is bailed by anybody in the presence of a number (of witnesses), it must be known to be of that particular (description and quantity; the depositary) who makes a false statement (regarding it) is liable to a fine.
If a deposit of a particular description or quantity is bailed by anybody in the presence of a number (of witnesses), it must be known to be of that particular (description and quantity; the depositary) who makes a false statement (regarding it) is liable to a fine.
195. But if anything is delivered or received privately, it must be privately returned; as the bailment (was, so should be) the re-delivery.
196. Thus let the king decide (causes) concerning a deposit and a friendly loan (for use) without showing (undue) rigour to the depositary.
197. If anybody sells the property of another man, without being the owner and without the assent of the owner, the (judge) shall not admit him who is a thief, though he may not consider himself as a thief, as a witness (in any case).
198. If the (offender) is a kinsman (of the owner), he shall be fined six hundred pazas; if he is not a kinsman, nor has any excuse, he shall be guilty of theft.
king’s anger, by promising to obtain for them favours from the king, or the love of a maiden, and so forth’ (Medh.). ‘ By (various) modes of corporal chastisement,’ i. e. ‘ by cutting off his hands, feet, or his head, &c.’ (Gov., Kull., Ragh.), or ‘ by decapitating or impaling the offender, or having him trampled to death by elephants, and so forth’ (Medh.).
194. I.e. the witnesses must be examined regarding it, and their evidence is conclusive.
196. This conclusion makes it somewhat doubtful if the term upanidhi, which occurs verses 185 and 191, and has been translated by ‘a sealed deposit’ in accordance with the opinion of most commentators, has really that meaning.
198. ‘Any excuse,’ e.g. ‘that he received it as a present, or bought it from the son or other relative of the owner, and so forth’ (Gov., Kull.). Ndr, reads anavasare, ‘and buys at an improper (time or place).’
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199. A gift or sale, made by anybody else but the owner, must be considered as null and void, according to the rule in judicial proceedings.
200. Where possession is evident, but no title is perceived, there the title (shall be) a proof (of ownership), not possession; such is the settled rule.
201. He who obtains a chattel in the market before a number (of witnesses), acquires that chattel with a clear legal title by purchase.
202. If the original (seller) be not producible, (the buyer) being exculpated by a public sale, must be dismissed by the king without punishment, but (the former owner) who lost the chattel shall receive it (back from the buyer).
203. One commodity mixed with another must not be sold (as pure), nor a bad one (as good), nor less (than the proper quantity or weight), nor anything that is not at hand or that is concealed.
203. One commodity mixed with another must not be sold (as pure), nor a bad one (as good), nor less (than the proper quantity or weight), nor anything that is not at hand or that is concealed.
199. Nand. omits this verse, and inserts instead, ‘He who ignorantly makes a sale without ownership shall be punished according to the above rule (i.e. be fined); but he who does it knowingly shall be punished like a thief.’ Ndr. has no trace of verse 199, but quotes the beginning of the verse just translated (anena vidhineti).
200. Nand. places this verse after 202.
201-202. Vi. V, 164-166; Yagi. I, 168-170.
202. Thus Medh., Kull., Nar., and Ragh. (Kull., however, taking sodhita, ‘exculpated,’ in the sense of niskita,‘determined.’) But Gov. takes the first part differently. ‘If the price cannot be produced by him (the seller)—because he has gone to another country—then the buyer must not be punished by the king, being held to be guiltless on account of the open sale, in accordance with the rule of the preceding verse ;’ similarly Nand. The difference is caused thereby that Gov. apparently objects to the explanation of milam (mflyam, Nand.) by ‘the original (seller).’ According to Kull. the buyer receives half the value from the original owner.
203. Yagi. II, 245. ‘Concealed,’ i.e. ‘in a cloth’ (Medh., N&r.), or ‘in the earth’ (Nand.), or ‘covered with paint’ (Gov., Kull., Ragh.).
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204. If, after one damsel has been shown, another be given to the bridegroom, he may marry them both for the same price; that Manu ordained.
205. He who gives (a damsel in marriage), having first openly declared her blemishes, whether she be insane, or afflicted with leprosy, or have lost her virginity, is not liable to punishment.
206. If an officiating priest, chosen to perform a sacrifice, abandons his work, a share only (of the fee) in proportion to the work (done) shall be given to him by those who work with him.
207. But he who abandons his work after the sacrificial fees have been given, shall obtain his full share and cause to be performed (what remains) by another (priest).
208. But if (specific) fees are ordained for the several parts of a rite, shall he (who performs the part) receive them, or shall they all share them?
209. The Adhvaryu priest shall take the chariot, and the Brahman at the kindling of the fires (Agny4dhana) a horse, the Hotz priest shall also take a horse, and the Udgatv the cart, (used) when (the Soma) is purchased.
204. This rule is rather astonishing after what has been said, III, 51-54, regarding the sale of daughters, and it proves that, in spite of all directions to the contrary, wives were purchased in ancient India as frequently as in our days.
204. This rule is rather astonishing after what has been said, III, 51-54, regarding the sale of daughters, and it proves that, in spite of all directions to the contrary, wives were purchased in ancient India as frequently as in our days.
207. Yagi. II, 265. ‘After the sacrificial fees have been given,’ i.e. ‘at the midday oblation and so forth’ (Medh., Kull., Gov.). According to Medh. the sacrificer is to pay the substitute, according to the other commentators the priest who receives the fee.
208. Medh. mentions that specific fees are prescribed at the Ragas(lya and similar sacrifices ; see Asv. Srauta-satra IX, 3, 14-15; 4, 7-20.
209. According to Medh. and Kull. all the three first-mentioned gifts are given according to the precepts of some Sakhfs at the Agny4dh4na, the kindling of the fires. But Gov. says that the
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210. The (four) chief priests among all (the sixteen), who are entitled to one half, shall receive a moiety (of the fee), the next (four) one half of that, the set entitled to a third share, one third, and those entitled to a fourth a quarter.
211. By the application of these principles the allotment of shares must be made among those men who here (below) perform their work conjointly.
212. Should money be given (or promised) for a pious purpose by one man to another who asks for it, the gift shall be void, if the (money is) afterwards not (used) in the manner (stated).
213. But if the (recipient) through pride or greed tries to enforce (the fulfilment of the promise), he shall be compelled by the king to pay one suvarva as an expiation for his theft.
214. Thus the lawful subtraction of a gift has
Brahman priest receives a swift horse at the Agny&dhana, and Nar. adds that the Hotr? receives a horse at the Gyotish/oma.
210. The four classes of priests, regarding whose functions see Max Miiller, History Anc. Sansk. Lit., p. 468 seqq., are: 1. Hotr?, Adhvaryu, Brahman, Udgatr?; 2. Maitravaruma, Pratiprasthatr?, Brahmaz4kkhamsin, Prastotr’; 3. Akkhavaka, Nesh/r?, Agnidhra, Pratihartr?’; 4. Potr?, Subrahmamy4, Gravash/éut, Netr?. Medh. gives the total as 112, and the shares as 56, 28, 16, 12; Gov., Kull., Nar., and RAgh. the total as 100, and the shares as 48, 24,16, 8. But Nand. says that the total of the fee, whatever it may be, shall be divided into 25 shares, and the several classes shall receive 12, 6, 4, and 3 such shares respectively. See also Asv. Srauta-stitra IX, 4; 3-5. The rule, given in this verse, applies to all ordinary cases.
ait. Yagi. II, 259, 265. I.e. each is to be paid according to the amount of work which he performs.
212, ‘For a pious purpose,’ i.e. ‘for a sacrifice or a wedding’ (Medh.).
213. SamsAdhayet, ‘tries to enforce (the fulfilment of the promise),’ i.e. ‘by a complaint before the king’ (Medh.), or ‘tries to obtain the money forcibly or refuses to return it’ (Kull., Ragh., Gov.).
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‘for a sacrifice or a wedding’ (Medh.).
213. SamsAdhayet, ‘tries to enforce (the fulfilment of the promise),’ i.e. ‘by a complaint before the king’ (Medh.), or ‘tries to obtain the money forcibly or refuses to return it’ (Kull., Ragh., Gov.).
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been fully explained ; I will next propound (the law for) the non-payment of wages.
215. A hired (servant or workman) who, without being ill, out of pride fails to perform his work according to the agreement, shall be fined eight krishwalas and no wages shall be paid to him.
216. But (if he is really) ill, (and) after recovery performs (his work) according to the original agreement, he shall receive his wages even after (the lapse of) a very long time.
217. But if he, whether sick or well, does not (perform or) cause to be performed (by others) his work according to his agreement, the wages for that work shall not be given to him, even (if it be only) slightly incomplete.
218. Thus the law for the non-payment of wages has been completely stated; I will next explain the law concerning men who break an agreement.
219. If a man belonging to a corporation inhabiting a village or a district, after swearing to an agreement, breaks it through avarice, (the king) shall banish him from his realm,
220. And having imprisoned such a breaker of an agreement, he shall compel him to pay six
215. Ap. II, 28, 2-3; Vi. V, 153-154; Y4ga. Il,193. ‘Eight krishaalas,’ i.e. ‘of gold, silver or copper, according to the case’ (Medh., Gov.), or ‘of gold’ (Kull.).
216. I read with Medh., Gov., Nar., Ragh., and K. sudirghasya for sa dirghasya (Kull., Nand.).
21g. Vi. V, 168; YAgii. II, 192. By ‘corporations inhabiting a village or district’ are meant according to Medh., village communities and corporations of merchants, mendicants or monks, Katurvedts and so forth, and he mentions regulations regarding the grazing of the cattle on a common as one of the agreements which all must observe.
220. According to others mentioned by Medh. the translationp. 221 nishkas, (each of) four suvarvas, and one satam4na of silver.
221. A righteous king shall apply this law of fines in villages and castes (gti) to those who break an agreement.
222. If anybody in this (world), after buying or selling anything, repent (of his bargain), he may return or take (back) that chattel within ten days.
223. But after (the lapse of) ten days he may neither give nor cause it to be given (back); both he who takes it (back) and he who gives it (back, except by consent) shall be fined by the king six hundred (pavzas).
224. But the king himself shall impose a fine of ninety-six pazas on him who gives a blemished damsel (to a suitor) without informing (him of the blemish).
225. But that man who, out of malice, says of a maiden, ‘She is not a maiden,’ shall be fined one hundred (pavas), if he cannot prove her blemish.
But the king himself shall impose a fine of ninety-six pazas on him who gives a blemished damsel (to a suitor) without informing (him of the blemish).
225. But that man who, out of malice, says of a maiden, ‘She is not a maiden,’ shall be fined one hundred (pavas), if he cannot prove her blemish.
226. The nuptial texts are applied solely to virgins, (and) nowhere among men to females who have lost their virginity, for such (females) are excluded from religious ceremonies.
should be ‘four suvarzas or six nishkas or one satamana.’ Kull. and Ragh. also think it possible that three separate fines may be inflicted according to the circumstances of the case.
222. YAgw.1I,177. According to Medh., Gov., Kull., the rule refers to things which are not easily spoilt, such as land, copper, &c., not to flowers, fruit, and the like; according to Nar., to grain and seeds, ‘ because in other Smritis different periods are mentioned for other objects’ (see Yagi. loc. cit.).
224-225. Yagi. I, 66.
224. Regarding the blemishes, see above, verse 205.
226. K. omits this verse.
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227. The nuptial texts are a certain proof (that a maiden has been made a lawful) wife; but the learned should know that they (and the marriageceremony) are complete with the seventh step (of the bride around the sacred fire).
228. If anybody in this (world) repent of any completed transaction, (the king) shall keep him on the road of rectitude in accordance with the rules given above.
229. I will fully declare in accordance with the true _ law (the rules concerning) the disputes, (arising) from the transgressions of owners of cattle and of herdsmen.
230. During the day the responsibility for the safety (of the cattle rests) on the herdsman, during the hight on the owner, (provided they are) in his house ; (if it be) otherwise, the herdsman will be responsible (for them also during the night).
231. A hired herdsman who is paid with milk, may milk with the consent of the owner the best (cow) out of ten; such shall be his hire if no (other) wages (are paid).
232. The herdsman alone shall make good (the loss of a beast) strayed, destroyed by worms, killed by dogs or (by falling) into a pit, if he did not duly exert himself (to prevent it).
227. Nand. omits this verse and the next. After the seventh step has been made the marriage cannot be rescinded (Medh., Gov., Kull., Nar.).
228. I.e. he may be allowed to rescind a contract for wages and the like within ten days, but not later (Gov., Kull.).
231. Nand. omits this verse.
232. Vi. V, 137-138; YAgh. I, 164-165. ‘By worms,’ i.e. according to Medh. by a kind called Arohakas, who enter the sexual parts of the cows and destroy them; RA&gh. says, ‘ by snakes and the like.” ‘By dogs,’ the word is according to Medh. merely intended as an instance for any wild animal.
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I, 164-165. ‘By worms,’ i.e. according to Medh. by a kind called Arohakas, who enter the sexual parts of the cows and destroy them; RA&gh. says, ‘ by snakes and the like.” ‘By dogs,’ the word is according to Medh. merely intended as an instance for any wild animal.
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233. But for (an animal) stolen by thieves, though he raised an alarm, the herdsman shall not pay, provided he gives notice to his master at the proper place and time.
234. If cattle die, let ‘him carry to his master their ears, skin, tails, bladders, tendons, and the yellow concrete bile, and let him point out their particular marks.
235. But if goats or sheep are surrounded by wolves and the herdsman does not hasten (to their assistance), he shall be responsible for any (animal) which a wolf may attack and kill.
236. But if they, kept in (proper) order, graze together in the forest, and a wolf, suddenly jumping on one of them, kills it, the herdsman shall bear in that case no responsibility.
237. On all sides of a village a space, one hundred dhanus or three samy4-throws (in breadth), shall be reserved (for pasture), and thrice (that space) round a town.
238. If the cattle do damage to unfenced crops on that (common), the king shall in that case not punish the herdsmen.
239. (The owner of the field) shall make there a hedge over which a camel cannot look, and stop
234. I read with Medh. and Gov. ankams ha, ‘their particular marks,’ instead of ang4ni, ‘ their (other) limbs’ (R&agh., Nand., K., and the editions). To judge from the commentary, Kull. must have had the same reading as Medh. and Gov.
235. Vi. V, 137.
237. Yagi. II, 167. Dhanus, literally ‘a bow’s length’=4 hastas or about 6 feet. The samyé is a short, thick piece of wood, used at sacrifices. A samy&-throw is mentioned as a measure also by Ap. I, 9, 6.
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every gap through which a dog or a boar can thrust his head.
240. (If cattle do mischief) in an enclosed field near a highway or near a village, the herdsman shall be fined one hundred (pamas); (but cattle), unattended by a herdsman, (the watchman in the field) shall drive away.
241. (For damage) in other fields (each head of) cattle shall (pay a fine of) one (paza) and a quarter, and in all (cases the value of) the crop (destroyed) shall be made good to the owner of the field; that is the settled rule.
242. But Manu has declared that no fine shall be paid for (damage done by) a cow within ten days after her calving, by bulls and by cattle sacred to the gods, whether they are attended by a herdsman or not. .
243. If (the crops are destroyed by) the husbandman’s (own) fault, the fine shall amount to ten times as much as (the king’s) share; but the fine (shall be) only half that amount if (the fault lay) with the servants and the farmer had no knowledge of it.
240-242, Ap. II, 28, 5; Gaut. XII, 19-26; Vi. V, 140-150; Yagi. II, 161-163.
240-242, Ap. II, 28, 5; Gaut. XII, 19-26; Vi. V, 140-150; Yagi. II, 161-163.
241. ‘The cattle,’ i.e. ‘the herdsman shall pay for the cattle’ ‘In all cases,’ i. e. ‘whether the cattle were attended by a herdsman or not’ (Medh., Gov., Kull., Ragh.).
242. A cow is, according to Nar., during the first days after calving utterly unmanageable. ‘Bulls,’ i.e. ‘those set at liberty (see Vi. LXXXVI) are meant’ (N4r., Kull.), which may be met with near many Indian villages and in many towns. ‘Cattle sacred to the gods,’ i.e. either ‘such as are set apart for sacrifices,’ or ‘such as are dedicated to temples’ (Medh.). The other commentators prefer the second explanation.
243. Ap. II, 28,1. ‘The husbandman’s (own) fault,’ i.e. ‘if he
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244. To these rules a righteous king shall keep in (all cases of) transgressions by masters, their cattle, and herdsmen.
245. If a dispute has arisen between two villages concerning a boundary, the king shall settle the limits in the month of Gyaish¢Za, when the landmarks are most distinctly visible.
246. Let him mark the boundaries (by) trees, (e.g.) Nyagrodhas, Asvatthas, Kissukas, cotton - trees, S4las, Palmyra palms, and trees with milky juice,
247. By clustering shrubs, bamboos of different kinds, Samts, creepers and raised mounds, reeds, thickets of Kubgaka; thus the boundary will not be forgotten.
248. Tanks, wells,. cisterns, and fountains should be built where boundaries meet, as well as temples,
249. And as he will see that through men’s ignorance of the boundaries trespasses constantly occur in the world, let him cause to be made other hidden marks for boundaries,
250. Stones, bones, cow’s hair, chaff, ashes, potsherds, dry cowdung, bricks, cinders, pebbles, and sand, has allowed his crops to be eaten by cattle, or has not sown the field in proper time, &c.’ (Medh., Gov., Kull., Nar., Ragh.).
245. Gyaish/ha, i.e. May-June, ‘when the grass has been dried up by the heat’ (Medh., Kull., Ragh.).
246. Yagn. II,151. Nyagrodha, Ficus Indica; Asvattha, Ficus Religiosa; Kimsuka, Butea Frondosa; Sala, Shorea Robusta. ‘Trees with milky juice,’ i.e. ‘Arka (Calatropis Gigantea), Udumbara (Ficus Glomerata), &c.’
247. Sami, Acacia Suma; ‘mounds,’ i.e. the heaps of earth are meant which now are used generally as landmarks in British districts. Instead of Kubgaka Nand. reads Kulyaka.
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251. And whatever other things of a similar kind the earth does not corrode even after a long time, those he should cause to be buried where one boundary joins (the other).
252. By these signs, by long continued possession, and by constantly flowing streams of water the king shall ascertain the boundary (of the land) of two disputing parties.
253. If there be a doubt even on inspection. of the marks, the settlement of a dispute regarding boundaries shall depend on witnesses.
253. If there be a doubt even on inspection. of the marks, the settlement of a dispute regarding boundaries shall depend on witnesses.
254. The witnesses, (giving evidence) regarding a boundary, shall be examined concerning the landmarks in the presence of the crowd of the villagers and also of the two litigants.
255. As they, being questioned, unanimously decide, even so he shall record the boundary (in writing), together with their names.
256. Let them, putting earth on their heads, wearing chaplets (of red flowers) and red dresses, being sworn each by (the rewards for) his meritorious deeds, settle (the boundary) in accordance with the truth.
257. If they determine (the boundary) in the
251. According to Kull., who relies on a passage of Brthaspati, these objects are to be placed in jars.
254. According to the commentators the verse refers to a dispute between two villages, and the two litigants are persons deputed by each village to conduct the case (see also below, verse 261).
255. All the commentators explain nibadhnfy&t by ‘he shall record in writing,’ and as it is specially mentioned that the names of the witnesses shall be given, it seems impossible to take the word in any other sense. Medh. says that, if the witnesses disagree, the opinion of the majority shall be taken.
256-260. Yagi. II, 130-152.
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manner stated, they are guiltless (being) veracious witnesses; but if they determine it unjustly, they shall be compelled to pay a fine of two hundred (pazas).
258. On failure of witnesses (from the two villages, men of) the four neighbouring villages, who are pure, shall make (as witnesses) a decision concerning the boundary in the presence of the king.
259. On failure of neighbours (who are) original inhabitants (of the country and can be) witnesses with respect to the boundary, (the king) may hear the evidence even of the following inhabitants of the forest,
260. (Viz.) hunters, fowlers, herdsmen, fishermen, root-diggers, snake-catchers, gleaners, and other foresters.
261. As they, being examined, declare the marks for the meeting of the boundaries (to be), even so the king shall justly cause them to be fixed between the two villages.
262. The decision concerning the boundary-marks of fields, wells, tanks, of gardens and houses depends upon (the evidence of) the neighbours.
263. Should the neighbours give false evidence,
258. Men from the four surrounding villages are meant, as Kull. suggests. The correctness of this opinion is proved by the fact that the land-grants usually mention ‘the four boundaries’ (Aaturagh4/anani) of the villages given away. Medh. and Nand. read gramas4mé4ntavasinaA, ‘ four men living in, &c.’
259. Maulanaém, ‘original inhabitants,’ i.e. ‘whose ancestors have lived there since the settlement of the village’ (Medh., Gov., Kull, Ragh.).
260. ‘Other foresters,’ i.e. ‘those who collect flowers, fruit, and fuel’ (Medh., Gov., Kull.), or ‘Sabaras and the rest’ (Nar.).
Maulanaém, ‘original inhabitants,’ i.e. ‘whose ancestors have lived there since the settlement of the village’ (Medh., Gov., Kull, Ragh.).
260. ‘Other foresters,’ i.e. ‘those who collect flowers, fruit, and fuel’ (Medh., Gov., Kull.), or ‘Sabaras and the rest’ (Nar.).
262. Vas. XVI, 13-15; YAgn. II, 154.
263. Yagi. I, 153.
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when men dispute about a boundary-mark, the king shall make each of them pay.the middlemost amercement as a fine.
264. He who by intimidation possesses himself of a house, a tank, a garden, or a field, shall be fined five hundred (pazas); (if he trespassed) through ignorance, the fine ¢shall be) two hundred (pazas).
265. If the boundary cannot be ascertained (by any evidence), let a righteous king with (the intention of) benefiting them (all), himself assign (his) land (to each); that is the settled rule.
266. Thus the law for deciding boundary (disputes) has been fully declared, I will next propound the (manner of) deciding (cases of) defamation.
267. A Kshatriya, having defamed a Brahmaza, shall be fined one hundred (pazas); a Vaisya one hundred and fifty or two hundred; a Sddra shall suffer corporal punishment.
268. A Brahmaza shall be fined fifty (pazas) for defaming a Kshatriya; in (the case of) a Vaisya the fine shall be twenty-five (pamas); in (the case of) a Sidra twelve.
269. For offences of twice-born men against those of equal caste (varua, the fine shall be) also twelve (pazas); for speeches which ought not to be uttered, that (and every fine shall be) double.
270. A once-born man (a Sddra), who insults a
265. Yagi. IT, 153.
267-277. Ap. II, 27,14; Gaut. XII, 1, 8-14; Vas. IX, 9; Vi. V, 23-39; Yaga. II, 204-211.
269. ‘Speeches that ought not to be uttered,’ i.e. ‘insinuations against the honour of another’s female relatives, especially mothers and sisters’ (Medh., Gov., Kull., Ragh.), with which the Hindus, like other Orientals, are very ready.
270. The last clause refers, according to the commentators, to thep. 271 twice-born man with gross invective, shall have his tongue cut out; for he is of low origin.
271. If he mentions the names and castes (gati) of the (twice-born) with contumely, an iron nail, ten fingers long, shall be thrust red-hot into his mouth.
272. If he arrogantly teaches Bréhmazas their duty, the king shall cause hot oil to be poured into his mouth and into his ears.
273. He who through arrogance makes false statements regarding the learning (of a caste-fellow), his country, his caste (gAti), or the rites by which his body was sanctified, shall be compelled to pay a fine of two hundred (pavas).
274. He who even in accordance with the true facts (contemptuously) calls another man one-eyed, lame, or the like (names), shall be fined at least one kArshApama.
274. He who even in accordance with the true facts (contemptuously) calls another man one-eyed, lame, or the like (names), shall be fined at least one kArshApama.
275. He who defames his mother, his father, his wife, his brother, his son, or his teacher, and he who gives not the way to his preceptor, shall be compelled to pay one hundred (pazas).
276. (For mutual abuse) by a Brahmaza and a origin of thé SQdra from Brahman’s feet ; see above, I, 31. According to Medh. the expression ‘once-born’ includes men born from high-caste fathers and low-caste mothers.
271. I.e. if he says ‘re Yagviadatta,’ or ‘thou scum of the Brahmaaas.’
273. ‘(Of a caste-fellow),’ (Kull., Ragh.), Gov. too states that the rule cannot refer to Sfidras, because the punishment is too light. Medh. explains karma by ‘ occupation,’ and sariram by ‘ bodily (deficiencies),’ while the others refer karma sarfram to a denial of the initiation.
275. Akshérayati, ‘defames,’ i.e. ‘accuses them of a mortal sin’ (Gov., Kull., Ragh.), or ‘of incest’ (N&r.), or ‘causes dissensions between them and others’ (Medh.), or ‘makes them angry’ (Nand.).
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Kshatriya a fine must be imposed by a discerning (king), on the Brahmaza the lowest amercement, but on the Kshatriya the middlemost.
277. A Vaisya and a Sidra must be punished exactly in the same manner according to their respective castes, but the tongue (of the Sfdra) shall not be cut out; that is the decision.
278. Thus the rules for punishments (applicable to cases) of defamation have been truly declared ; I will next propound the decision (of cases) of assault,
279. With whatever limb a man of a low caste does hurt to (a man of the three) highest (castes), even that limb shall be cut off; that is the teaching of Manu.
280. He who raises his hand or a stick, shall have his hand cut off; he who in anger kicks with his foot, shall have his foot cut off.
281. A low-caste man who tries to place himself on the same seat with a man ofa high caste, shall be branded on his hip and be banished, or (the king) shall cause his buttock to be gashed.
282. If out of arrogance he spits (on a superior), the king shall cause both his lips to be cut off; if ‘he urines (on him), the penis; if he breaks wind (against him), the anus.
277. Le. if a SQdra defames a Vaisya his tongue is not cut out, but he pays the middlemost amercement.
279-280. Vi.V,19; Yagi. II, 215.
280. Praharet, ‘kicks,’ i.e. ‘lifts his foot in order to kick’ (Medh., Nér., Nand.).
281. Ap. II, 27, 15; Gaut. XII, 7; Vi. V, 20. According to Medh., Gov., Kull., the rule refers to a Brahmama and a Sfdra; according to Ragh., to the latter and an Aryan 3 according to Nar., to a Kshatriya, Vaisya, or Sfdra offending against a Brahmaza.
282. Vi. V, 21-22.
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Ap. II, 27, 15; Gaut. XII, 7; Vi. V, 20. According to Medh., Gov., Kull., the rule refers to a Brahmama and a Sfdra; according to Ragh., to the latter and an Aryan 3 according to Nar., to a Kshatriya, Vaisya, or Sfdra offending against a Brahmaza.
282. Vi. V, 21-22.
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283. If he lays hold of the hair (of a superior), let the (king) unhesitatingly cut off his hands, likewise (if he takes him) by the feet, the beard, the neck, or the scrotum.
284. He who breaks the skin (of an equal) or fetches blood (from him) shall be fined one hundred (pazas), he who cuts a muscle six nishkas, he who breaks a bone shall be banished.
285. According to the usefulness of the several (kinds of) trees a fine must be inflicted for injuring them; that is the settled rule.
286. If a blow is struck against men or animals in order to (give them) pain, (the judge) shall inflict a fine in proportion to the amount of pain (caused).
287. If a limb is injured, a wound (is caused), or blood (flows, the assailant) shall be made to pay (to the sufferer) the expenses of the cure, or the whole (both the usual amercement and the expenses of the cure as a) fine (to the king).
284. Vi. V, 66-70; Yagi. II, 218. ‘(Of an equal),’ (Medh., Kull., Nand.) According to Ragh., the rule refers to Sidras assaulting Sfidras. According to Nar., the last offender’s property shall be confiscated.
285. Vi. V, 55-59; Yagv. II, 227-228. The expression ‘trees’ includes all plants (Medh., Kull.). According to Gov., the fine for injuring trees which give shade only is to be very small; in the case of flower-bearing trees, middling; in the case of fruit-trees, high (see Vi.loc.cit.). Medh. remarks that the position of the trees, e.g. whether they are boundary-marks, or stand on a cross-road, in a hermitage, &c., has to be taken into account (see Yagi. loc. cit.).
286-287. Vi. V, 75-76; Yagi. II, 219, 222.
287. Instead of vrana,‘a wound’ (Kull., Nar.), Medh., Gov., R4gh., Nand., and K. read priva. Medh. explains the latter reading by ‘if the vital strength is injured,’ and Gov. and Ragh. by ‘if the breathing power is injured by gagging.’ ‘Or the whole (as a) fine,’ i.e. if the person injured refuses the compensation, N§r. says, ‘and shall pay the whole fine, mentioned above.’
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288. He who damages the goods of another, be it intentionally or unintentionally, shall give satisfaction to the (owner) and pay to the king a fine equal to the (damage).
289. In the case of (damage done to) leather, or to utensils of leather, of wood, or of clay, the fine (shall be) five times their value; likewise in the case of (damage to) flowers, roots, and fruit.
290. They declare with respect to a carriage, its driver and its owner, (that there are) ten cases in which no punishment (for damage done) can be inflicted; in other cases a fine is prescribed.
290. They declare with respect to a carriage, its driver and its owner, (that there are) ten cases in which no punishment (for damage done) can be inflicted; in other cases a fine is prescribed.
291. When the nose-string is snapped, when the yoke is broken, when the carriage turns sideways or back, when the axle or a wheel is broken,
292. When the leather-thongs, the rope around the neck or the bridle are broken, and when (the driver) has loudly called out, ‘Make way,’ Manu has declared (that in all these cases) no punishment (shall be inflicted).
293. But if the cart turns off (the road) through the driver’s want of skill, the owner shall be fined, if damage (is done), two hundred (pavas).
294. If the driver is skilful (but negligent), he alone shall be fined; if the driver is unskilful, the occupants of the carriage (also) shall be each fined one hundred (pamas).
295. But if he is stopped on his way by cattle or
288. ‘The goods,’ i.e. ‘such objects as are not mentioned specially’ (Medh., Gov., Kull., Ragh.).
291-295. Yagi. Il, 298-299.
291. ‘When the carriage turns sideways or backwards,’ i.e. ‘ off the road owing to its badness, to the animals taking fright, &c.’ (Medh., Gov., Kull., Ragh.).
295. There are two readings, avitdrita4, ‘ without doubt’ (lit. ‘not
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p. 296
‘by (another) carriage, and he causes the death of any living being, a fine shall without doubt be imposed,
296. If a man is killed, his guilt will be at once the same as (that of) a thief; for large animals such as cows, elephants, camels or horses, half of that.
297. For injuring small cattle the fine (shall be) two hundred (pamas); the fine for beautiful wild quadrupeds and birds shall amount to fifty (pavas).
298. For donkeys, sheep, and goats the fine shall be five mashas; but the punishment for killing a dog or a pig shall be one -mdsha.
299. A wife, a son, a slave, a pupil, and a (younger) brother of the full blood, who have committed faults, may be beaten with a rope or a split bamboo,
300. But on the back part of the body (only), never on a noble part; he who strikes them otherwise will incur the same guilt as a thief.
301. Thus the whole law of assault (and hurt) has been declared completely; I will now explain the rules for the decision (in cases) of theft.
302. Let the king exert himself to the utmost to considered’), and vif4rita#, ‘is considered (to be just). Medh. gives besides the explanation, adopted in the translation according to Kull., another one, ‘is not considered (just).’ He mentions also the second reading, which Gov., Ragh., Nar., and Nand. have, and explains it with them by ‘is considered (to be just).’
296. ‘The same as that of a thief,’ i.e. ‘he must pay the highest amercement, or 1000 pazas’ (Medh., Gov., Nar., Kull, R4gh., Nand.).
297-298. Vi. V, 50-54.
299-300. Ap. I, 8, 31; Gaut. II, 43-44.
300. ‘Not on a noble part,’i.e. ‘not on the chest or the head, &c.’ (Medh., Kull.).
‘The same as that of a thief,’ i.e. ‘he must pay the highest amercement, or 1000 pazas’ (Medh., Gov., Nar., Kull, R4gh., Nand.).
297-298. Vi. V, 50-54.
299-300. Ap. I, 8, 31; Gaut. II, 43-44.
300. ‘Not on a noble part,’i.e. ‘not on the chest or the head, &c.’ (Medh., Kull.).
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punish thieves; for, if he punishes thieves, his fame grows and his kingdom prospers.
303. That king, indeed, is ever worthy of honour who ensures the safety (of his subjects); for the sacrificial session (sattra, which he, as it were, performs thereby) ever grows in length, the safety (of his subjects representing) the sacrificial fee.
304. A king who (duly) protects (his subjects) receives from each and all the sixth part of their Spiritual merit; if he does not protect them, the sixth part of their demerit also (will fall on him).
305. Whatever (merit a man gains by) reading the Veda, by sacrificing, by charitable gifts, (or by) worshipping (Gurus and gods), the king obtains a sixth part of that in consequence of his duly protecting (his kingdom).
306. A king who protects the created beings in accordance with the sacred law and smites those worthy of corporal punishment, daily offers (as it were) sacrifices at which hundred thousands (are given as} fees.
307. A king who does not afford protection, (yet) takes his share in kind, his taxes, tolls and duties, daily presents and fines, will (after death) soon sink into hell.
303-311. Ap. II, 25,15; Vas. I, 42-44; Vi. V,196; Yagi. I, 335-339, 358; see also below, IX, 252 seqq.
307. ‘The share in kind,’ i.e. ‘the sixth part of the harvest’ (Medh., Gov., Kull., Nar., Ragh.), or ‘the choice portions of fruit, grain, &c. to be given to the king. ‘Taxes,’ i.e. ganghadana (Medh.), or the land-tax paid in money (N4r.), ‘monthly taxes, or taxes payable in certain months by the villagers’ (Gov., Kull., Ragh.). Sulka, i.e. ‘the tolls and duties payable by merchants and traders’ (Medh., Gov., Kull., Nar., Ragh.). For pratibhagam, i.e. ‘the daily presents of fruit, vegetables, &c.,’ the so-called Dalis (Medh., Kull.),
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308. They declare that a king who affords no protection, (yet) receives the sixth part of the produce, takes upon himself all the foulness of his whole people.
209. Know that a king who heeds not the rules (of the law), who is an atheist, and rapacious, who does not protect (his subjects, but) devours them, will sink low (after death).
310. Let him carefully restrain the wicked by three methods,—by imprisonment, by putting them in fetters, and by various (kinds of) corporal punishments.
311. For by punishing the wicked and by favouring the virtuous, kings are constantly sanctified, just as twice-born men by sacrifices.
312. A king who desires his own welfare must always forgive litigants, infants, aged and sick men, who inveigh against him.
311. For by punishing the wicked and by favouring the virtuous, kings are constantly sanctified, just as twice-born men by sacrifices.
312. A king who desires his own welfare must always forgive litigants, infants, aged and sick men, who inveigh against him.
313. He who, being abused by men in pain, pardons (them), will in reward of that (act) be exalted in heaven; but he who, (proud) of his kingly state,
Nar. and Ragh. read pratibhogam, Gov. bhitibhogam, and Nand. pritibhogam, but the explanation of the first two var. lect. is the same. Pritibhoga would however denote all ‘ benevolences,’ which usually are called pritidana and are levied on particular occasions. 308. Medh. and Nar. read arakshit4ram attdram, ‘(a king) who affords no protection, (yet) devours (his subjects and) takes, &c.’ 309. Nand. reads at the end of the verse asatyam ka nripam tyaget, ‘Let him forsake a king who heeds not the rules... . and is untruthful.’ This var. lect. is mentioned by Medh. Vipralumpakam (or “lopakam), ‘rapacious,’ means according to N§4r., Nand., and Ragh. ‘ who takes the goods of Brahmamas or injures them.’ 310. ‘The wicked,’ i.e. ‘thieves, because the topic (is theft),’ (Medh.). 311. ‘ Twice-born men,’ i.e. ‘Brahmamas’ (Medh., N4r.).
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Xs ens fan SOY VII, 319. THEFT. gag)
forgives them not, will for that (reason) sink into hell.
314. A thief shall, running, approach the king, with flying hair, confessing that theft (and sayiny), ‘Thus have I done, punish me;’
315. (And he must) carry on his shoulder a pestle, or a club of Khadira wood, or a spear sharp at both ends, or an iron staff.
316. Whether he be punished or pardoned, the thief is freed from the (guilt of) theft; but the king, if he punishes not, takes upon himself the guilt of the thief.
317. The killer of a learned Braéhmaza throws his guilt on him who eats his food, an adulterous wife on her (negligent) husband, a (sinning) pupil or sacrificer on (their negligent) teacher (or priest), a thief on the king (who pardons him).
318. But men who have committed crimes and have been punished by the king, go to heaven, being pure like those who performed meritorious deeds.
319. He who steals the rope or the water-pot from a well, or damages a hut where water is distri-
314-316. Ap. I, 25, 4-5; Gaut. XII, 43-45; Vas. XX, 41; Baudh, II, 1, 16-17; Vi. LI, 1-2; YAg#. ILI, 257.
314. Medh. and Nand. read instead of dhavata, ‘rvnning,’ dhimat4, (shall approach the king) ‘with firm determination.’ But Medh. mentions the other reading too, the correctness of which is attested by Vas. loc. cit. According to the commentators and the parallel passages, a repentant thief is meant who has stolen gold belonging to a Brihmaza; see also below, XI, 199-201.
mentions the other reading too, the correctness of which is attested by Vas. loc. cit. According to the commentators and the parallel passages, a repentant thief is meant who has stolen gold belonging to a Brihmaza; see also below, XI, 199-201.
317. Vas. XIX, 44. Medh. gives verse 317 after 318, but remarks that the order ought to be inverted. He says that a priest must leave a disobedient sacrificer; else the guilt of irregularities committed by the latter will fall upon the priest.
319. ‘Damages,’ i.e. ‘ takes away the wood belonging to it’ (Nar.).
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buted, shall pay one mAsha as a fine and restore the (article abstracted or damaged) in its (proper place).
320. On him who steals more than ten kumbhas of grain corporal punishment (shall be inflicted); in other cases he shall be fined eleven times as much, and shall pay to the (owner the value of his) property.
321. So shall corporal punishment be inflicted for stealing more than a hundred (palas) of articles sold by the weight, (i.e.) of gold, silver, and so forth, and of most excellent clothes.
322. For (stealing) more than fifty (palas) it is enacted that the hands (of the offender) shall be cut off; but in other cases, let him inflict a fine of eleven times the value.
323. For stealing men of noble familyand especially women and the most precious gems, (the offender) deserves corporal (or capital) punishment.
324. For stealing large animals, weapons, or medicines, let the king fix a punishment, after considering the time and the purpose (for which they were destined).
320. Vi.V,12. ‘A kumbha is equal to 20 or 22 prasthas of 32 palas each’ (Medh.), or ‘to 20 drozas of 200 palas each’ (Gov., Kull., Ragh.), or ‘to 200 palas’ (Nar.). Vadhad, ‘corporal punishment,’ i.e. ‘ flogging, mutilation, or even capital punishment, according to the quality of the person robbed’ (Gov., Kull., Ragh.).
321. Vi. V, 13. According to Nar. and R4gh., other things than gold and silver are to be understood by dharima, ‘sold by the weight.’ But Medh., Gov., and Kull. explain as above.
322. Vi. V, 81-82. Nar. thinks that this rule refers to copper and the like metals of small value. But it is also possible to remove the seeming inconsistency, by explaining the term vadhad in the preceding verse by ‘capital punishment.’ :
324-325. Vi. V, 77-78.
324. ‘The purpose for which the object was destined,’ i.e.‘ whether
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325. For (stealing) cows belonging to Brahmamas, for piercing (the nostrils of) a barren cow, and for stealing (other) cattle (belonging to Brahmazas, the offender) shall forthwith lose half his feet.
327. Vessels made of bamboo or other cane, salt of various kinds, earthen (vessels), earth and ashes,
328. Fish, birds, oil, clarified butter, meat, honey, and other things that come from beasts,
329. Or other things of a similar kind, spirituous liquor, boiled rice, and every kind of cooked food, the fine (shall be) twice the value (of the stolen article).
330. For flowers, green corn, shrubs, creepers, trees, and other unhusked (grain) the fine (shall be) five kvzshzalas.
weapons were stolen during a combat, or medicines from a very sick man’ (Medh., Gov., Ragh.).
325. Instead of the reading of the editions, ‘A#frikayas ka bhedane,’ Medh., N4r., Ragh., Nand., and K. have ‘sthfrikayas 4a bhedane,’ which is no doubt the correct version, the vulgata being caused by a mislecture of the old form of the letter ‘tha.’ Kull. and R4gh. explain the phrase in the manner given above, and Gov., who reads ‘ nasa{si|kayas 4a bhedane,’ agrees with them. Medh., on the other hand, says that sthfrika means ‘an ox’ (balivardaA), and the phrase must be taken ‘for pricking with a goad (and using for one’s purpose) the ox (of another man).’ Nr. finally asserts that sthQrika means ‘a load placed on an ox,’ and interprets the words by ‘for cutting open a sack carried by an ox and abstracting its contents.’
326-331. Vi. V, 83-86.
328. ‘Other things that come from beasts,’ i.e. ‘skins, horns, gorokana, &c.’ (Gov., Nar., Kull., Ragh.).
329. ‘Other things of a similar kind,’ i.e. ‘red arsenic, red lead, &c.’ (Gov., Kull.), or ‘other eatables’ (Nand.).
330. Gaut. XII, 18. Gov. reads alpeshu, ‘for a little unhusked
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331. For husked grain, vegetables, roots, and fruit the fine (shall be) one hundred (pazas) if there is no connexion (between the owner and the thief), fifty (pazas) if such a connexion exists.
332. An offence (of this description), which is committed in the presence (of the owner) and with violence, will be robbery ; if (it is committed) in his absence, it will be theft; likewise if (the possession of) anything is denied after it has been taken.
333. On that man who may steal (any of) the above-mentioned articles, when they are prepared for (use), let the king inflict the first (or lowest) amercement; likewise on him who may steal (a sacred) fire out of the room (in which it is kept).
334. With whatever limb a thief in any way commits (an offence) against men, even of that (the king) shall deprive him in order to prevent (a repetition of the crime).
(grain),’ instead of anyeshu, ‘other.’ ‘ Five krishaalas,’ i.e. ‘ of gold’ (Medh.), ‘ of gold or silver’ (Gov., Kull., Ragh.).
334. With whatever limb a thief in any way commits (an offence) against men, even of that (the king) shall deprive him in order to prevent (a repetition of the crime).
(grain),’ instead of anyeshu, ‘other.’ ‘ Five krishaalas,’ i.e. ‘ of gold’ (Medh.), ‘ of gold or silver’ (Gov., Kull., Ragh.).
331. Niranvaye, ‘if there be no connexion (between the owner and the thief),’ means according to Medh. either ‘if there be no connexion by friendly mutual leading,’ or ‘if there be no connexion such as residence in the same village,’ or ‘if there was no watchman in the field” Gov. and Nar. agree with the first explanation, Kull, and Ragh. with the second; but see above, verse 198.
332. Yagi. II, 230. Medh. and Nar. place this verse after the next.
333. ‘Prepared for use,’ i.e. ‘ for eating’ (Medh., N4r.), or ‘ thread worked into cloth’ (Medh., Gov., Kull., Ragh.). ‘Fire,’ i.e. either the sacred fire (Medh., Kull., Nar., Ragh.), or also the common fire (Gov.). Medh. and Nand. read satam, ‘one hundred paaas,’ instead of Adyam, ‘the lowest amercement,’ which latter reading Medh. mentions too.
334. Pratyadesfya, ‘in order to prevent (a repetition of the offence),’ (Gov., Kull., Ragh., Nand.), means according to Medh. and Nar. ‘in order to deter (others).’
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335. Neither a father, nor a teacher, nor a friend, nor a mother, nor a wife, nor a son, nor a domestic priest must be left unpunished by a king, if they do not keep within their duty.
336. Where another common man would be fined one karsh4pama, the king shall be fined one thousand; that is the settled rule.
337. In (a case of) theft the guilt of a Sidra shall be eightfold, that of a Vaisya sixteenfold, that of a Kshatriya two-and-thirtyfold,
338. That of a Brahmamza sixty-fourfold, or quite a hundredfold, or (even) twice four-and-sixtyfold ; (each of them) knowing the nature of the offence. -
339. (The taking of) roots and of fruit from trees, of wood for a (sacrificial) fire, and of grass for feeding cows, Manu has declared (to be) no theft.
340. A Brahmama, seeking to obtain property from a man who took what was not given to him, ‘either by sacrificing for him or by teaching him, is even like a thief.
341. A twice-born man, who is travelling and whose provisions are exhausted, shall not be fined, if he takes two stalks of sugar-cane or two (esculent) roots from the field of another man.
335. Yaga. I, 357.
336. The king shall throw the money, due as a fine for an offence he may have committed, into the water or give it to Brahmazas (Medh., Gov., Kull.), in accordance with IX, 245.
337-338. Gaut. XII, 15-17.
337- ‘The guilt’ means of course that the offender has to pay a fine in proportion.
339. Ap. I, 28, 3; Gaut. XII, 28; Y4g#. II, 166. According to Medh., Gov., Kull., Nar., and RAgh., the condition is that the things taken were unenclosed.
341. Gaut. XII, 49-50; see also below, IX, 239, 241.
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339. Ap. I, 28, 3; Gaut. XII, 28; Y4g#. II, 166. According to Medh., Gov., Kull., Nar., and RAgh., the condition is that the things taken were unenclosed.
341. Gaut. XII, 49-50; see also below, IX, 239, 241.
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342. He who ties up unbound or sets free tied “up (cattle of other men), he who takes a slave, a horse, or a carriage will have incurred the guilt of a thief.
343. A king who punishes thieves according to these rules, will gain fame in this world and after death unsurpassable bliss.
344. A king who desires to gain the throne of Indra and imperishable eternal fame, shall not, even for a moment, neglect (to punish) the man who commits violence.
345. He who commits violence must be considered as the worst offender, (more wicked) than a defamer, than a thief, and than he who injures (another) with a staff.
346. But that king who pardons the perpetrator of violence quickly perishes and incurs hatred.
347. Neither for friendship’s sake, nor for the sake of great lucre, must a king. let go perpetrators of violence, who cause terror to all creatures.
348. Twice-born men may take up arms when (they are) hindered (in the fulfilment of) their duties, when destruction (threatens) the twice-born castes (vara) in (evil) times,
342. ‘Takes a slave, &c.,’ i.e. ‘makes them do his work’ (Nar.). The other commentators think of actual theft.
344. SAhasa, ‘violence,’ comprises according to Medh. robbery (see also above, verse 332), rape, arson, cutting clothes, or forcibly destroying property. .
348-351. Gaut. VII, 25; Vas. III, 15-18, 24; Baudh. I, 18-23; Vi. V, 189-192.
348. I.e. when robbers and so forth do not allow the twice-born to offer sacrifices or to fulfil other sacred duties (Medh.), or when in times of a foreign invasion (Gov., Kull., Nar., Ragh.), or of a famine (N4r.), the twice-born castes. are threatened by an improper intermixture (samkara).
VITI, 35s. ADULTERY. 318
349. In their own defence, in a strife for the fees of officiating priests, and in order to protect women and Bréhmazas; he who (under such circumstances) kills in the cause of right, commits no sin.
350. One may slay without hesitation an assassin who approaches (with murderous intent), whether (he be one’s) teacher, a child or an aged man, or a Brahmaza deeply versed in the Vedas.
351. By killing an assassin the slayer incurs no guilt, whether (he does it) publicly or secretly; in that case fury recoils upon fury.
352. Men who commit adultery with the wives of others, the king shall cause to be marked by punishments which cause terror, and afterwards banish.
353. For by (adultery) is caused a mixture of the castes (varza) among men; thence (follows) sin, which cuts up even the roots and causes the destruction of everything.
354. A man formerly accused of (such) offences, who secretly converses with another man’s wife, shall pay the first (or lowest) amercement.