The Minor Law-Books: Nârada and Brihaspati — SBE Vol. 33 (trans. Julius Jolly, 1889)
English·1879–1910·trans. Julius Jolly·277 passages
The text · part 12 of 14
29. He whose possession has passed through three lives, and is duly substantiated by a written title, cannot be deprived of it; such possession is equal to the gift of the Veda.
30. He whose possession has passed through three lives and has been inherited from his ancestors, cannot be deprived of it, unless a previous grant should be in existence (in which the same property has been granted to a different person by the king).
31. That possession is valid in law which is uninterrupted and of long standing; interrupted possession even is (recognised as valid), if it has been substantiated by an ancestor.
32. A witness prevails over inference; a writing prevails over witnesses; undisturbed possession which has passed through three lives prevails over both.
33. When an event (forming the subject of a plaint) has occurred long ago, and no witnesses are forthcoming, he should examine indirect witnesses, or he should administer oaths, or should try artifice.
29. Smritif. yasya tripurushé bhukti#? samyag lekhyasamanvita | evamvidha brahmadey4 hartum tasya na sakyate The ‘gift of the Veda,’ i. e. instruction is mentioned as an instance of an inalienable gift.
30. Smritiz. yasya tripurusha bhuktiA paramparyakramégaté | na sa AAlayitum saky4 pirvakaé &hasan4d rite
3r. Smritif. bhuktir balavatf sAstrespy aviéksinnA firantant vikkhinnapi hi sé g#eya y4 tw pfirvaprasddhita u ‘If it has been substantiated by an ancestor,’ i.e. if a previous possessor has adduced a legitimate title.
32. Raghunandana, p. 49. 33. Viram. p. 223.
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X. ORDEALS.
1. A forger of gems, pearl, or coral, one withholding a deposit, a ruffian, and an adulterer, shall be tested by oaths or ordeals in every case.
2. In charges relating to a heavy crime or to the appropriation of a deposit, the king should try the cause by ordeals, even though there be witnesses.
3. When a thing has happened long ago or in secret, or when the witnesses have disappeared long ago, or are perjured all of them, the trial should be conducted by having recourse to an ordeal.
4. The balance, fire, water, poison, and, fifthly, sacred libation ; sixthly, grains of rice ; seventhly, a hot piece of gold, are declared (to be ordeals).
5. The ploughshare is mentioned as the eighth kind, the ordeal by Dharma (and Adharma) as the ninth. All these ordeals have been ordained by the Self-existent (Brahman).
6. Truth, a vehicle, weapons, cows, seeds, and gold, venerable gods or Brahmans, the heads of sons or wives:
7. By these have oaths been ordained, which are easy to perform and proper for trifling occasions.
8. When a quarrel between two litigants has arisen regarding a debt or other charge, that ordeal
X, 1-3. Viram. p. 114.
4. M. Macn. X, 1, 2 (uncertain); Viram. p. 225.
5. Viram. p. 22g. For a description of the ordeal by Dharma and Adharma, see the laws of Pitamaha.
6, 7. Viram. p. 226. See Manu VIII, 114; Nfrada I, 19, 248 (above, p. 100).
Viram. p. 114.
4. M. Macn. X, 1, 2 (uncertain); Viram. p. 225.
5. Viram. p. 22g. For a description of the ordeal by Dharma and Adharma, see the laws of Pitamaha.
6, 7. Viram. p. 226. See Manu VIII, 114; Nfrada I, 19, 248 (above, p. 100).
8. Zod. rin&dishu tu karyeshu visamvade parasparam | divyam samkhyanvitam deyam purushapekshayé tathap. 316 must be administered which corresponds to the amount (of the sum in dispute) and to the (character or strength of the) individual (to be examined).
g. (The ordeal by) poison should be administered when (property worth) a thousand (Pamas) has been stolen ; (the ordeal by) fire, when a quarter less than that (or 750, has been stolen).
10. When the charge concerns four hundred, the hot piece of gold should be administered. (When it concerns) three hundred, the grains of rice should be given ; and the sacred libation, (when it concerns). half of that.
11, When a hundred has been stolen or falsely denied, purgation by Dharma should be administered. Thieves of cows should be subjected by preference to the (ordeal by the) ploughshare by the judges.
12, These figures are applicable in the case of low persons ; for persons of a middling kind, double is ordained; and for persons of the highest rank, the amount has to be fixed four times as high by persons entrusted with judicial affairs.
13. The quantities (of various coins or weights), beginning with a floating particle of dust and ending with a K&arshapama, have been declared by Manu. They are applicable both to ordeals and to fines.
14. A Nishka is four Suvarvas. A Pama of g-12. Viram. p. 230. I read, with Smrvtif., Aatudsatabhiyoge in 10, and sabhyaif# phalam prayatnatad in rr.
11. Dharma, ‘test of right and wrong,’ is the ordeal which consists of drawing lots or slips of white and black paper.
1z. ‘Eminent persons,’ through their birth, qualities, or virtue. The same interpretation applies to the two other terms. Viram.
13. Viram. p. 233. See Manu VIII, 131-138.
14,15. Viram. p. 234. I read Adndik& for Aandriké in 11, with Viramitrodaya.
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copper is a K4rshika (having the weight of one Karsha). A coin made of a Karsha of copper has to be known as a K4rshika Pama.
15. It is also called an Amdika. Four such are a Dhdnaka. Twelve of the latter are a Suvarma. That is also called a Dinara (denarius).
16. (The testimony of) witnesses is apt to become invalid, whether it be through affection, anger, or avarice. An ordeal properly administered never loses its validity.
17. When a doubt arises with regard to a document or oral evidence, and when ratiocination also fails, purgation through ordeal (is the proper test).
18, Let an ordeal be administered according to the established rule by persons acquainted with the rule of ordeals. If it is administered against the rule, ‘it is ineffective as a means of proving what ought to be proved. .
18, Let an ordeal be administered according to the established rule by persons acquainted with the rule of ordeals. If it is administered against the rule, ‘it is ineffective as a means of proving what ought to be proved. .
19. If one who has been subjected to the ordeal by balance goes down on being weighed (for the second time), he shall be held guilty. If he remains level, he shall be balanced once more. If he rises, he gains his cause.
20. Should the scale break, or the balance, or beam, or iron hooks split, or the strings burst, or the transverse beam split, he would have to be declared guilty.
15. Nearly identical with Narada, Appendix, 62 (p. 232).
16. Viram. p. 242. ‘
17. Smritiz. likhite sAkshivade 4a samdeho yatra gayate | anuméfne fa sambhrinte tatra daivam visodhanam It
18. Zod. yathoktavidhina deyam divyam divyavisdradaiz \ayathoktapradattam tu na satyam sddhyasadhane it
19. Viram. p. 253. 20. Viram. p. 254.
318 BRIHASPATI. X, ar.
21. (In the ordeal by water) he should immerse the individual in water and discharge three arrows.
22. He is acquitted (in the ordeal by poison) who has digested poison, which has been given to him according to rule, without the application of spells or antidotes. Otherwise he should be punished and compelled to pay the sum in dispute.
23. To whatsoever deity the accused happens to be devoted, let (the judge) bathe the weapon of that deity in water, and give him to drink three handfuls of it.
24. He to whom no calamity happens, within a week or a fortnight, (either to himself or) to his son, wife or property, is innocent beyond doubt.
25. Let a man chew grains of rice after having kept a fast and purified himself, at a time when the sun is not visible. He is acquitted if what he spits" out is pure ; but if it be mixed with blood, he must be (held) guilty.
26. Let (the person) take a hot piece of gold out of (a mixture of) well-heated oil and butter.
27. He whose fingers’ ends do not tremble, and who does not become blistered, is acquitted according to law, as has been declared by Pitamaha.
28. Iron twelve Palas in weight should be formed into what is called a ploughshare. It should be eight Angulas long by four Angulas broad.
21. Viram. p. 271. 22. Viram. p. 276.
23. Viram. p: 280. 24. Viram. p. 281.
25. Viram. p. 282. The Zodarfnanda attributes to Brrhaspati another text identical with Narada I, 25, 342 (above, p. 119).
26. Viram. p. 283.
27. Vfram. p. 284. The same text occurs in the Nepalese Narada.
28, 29. Viram. p. 28g. Some texts relating to this kind of
.
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29. (The ploughshare) having been made red-hot in fire, a thief should be made to lick at it once with his tongue. If he is not burnt, he obtains acquittal. Otherwise he loses his cause.
30. (Images of) Dharma and Adharma, one black and the other white, should be painted on two leaves. Then they should be invoked with prayers producing life or others, and with the G4yatri or other SAamans,
If he is not burnt, he obtains acquittal. Otherwise he loses his cause.
30. (Images of) Dharma and Adharma, one black and the other white, should be painted on two leaves. Then they should be invoked with prayers producing life or others, and with the G4yatri or other SAamans,
31. And should be worshipped with perfumes and with white and black flowers, sprinkled with the five products of a cow, and enclosed in balls made of earth afterwards.
32. After having been made equal in size, they should be placed unobserved in a fresh jar. Then the person should take one ball out of the vessel at the bidding (of the judge).
33. If he takes out Dharma, he is acquitted, and should be honoured by the (appointed) examiners.
XI. Tue Law or DEst.
1. A creditor should never lend money without having first secured a pledge of adequate value, or a ordeal are found in the Nepalese Narada as well, but they are very incorrectly given in the MS. ‘The judge, after having placed a ploughshare of the size stated in the text into a fire kindled for that purpose, should perform the whole general rite of ordeals, beginning with the invocation addressed to Dharma and ending with the fixing of a writing on the head of the person. Then, after addressing the fire with the text previously quoted (of Pit&maha), “Thou, O Agni,” &c., and after causing the person to address the fire with the text previously quoted, “Thou, O Agni, (livest) in all beings” (YAg#avalkya II, 104), he should cause the person to lick (at the ploughshare).’ Viram., Smritié.
30-33. Viram. p. 286. ‘Prayers producing life,’ such as e.g. Rig-veda X, 57,1; Viram.
XI, 1. May. p. 102; Col. Dig. I, 1,11. The commentators agreep. 2 deposit, or a trustworthy surety; nor without a bond written (by the debtor himself) or attested (by subscribing witnesses).
2. That (loan) is termed kustda (a loan on interest) which is exacted by persons apprehending no sin (from the act), from a mean (kutsita) or wretched (sidat) man, after having been increased to four or eight times the original amount (through the interest accruing on it).
3. An eightieth part (of the principal) accrues as interest on it (every month); and it is certainly doubled by such interest within a third of a year less than seven years (that is to say, within six years and eight months).
4. Interest is declared (by some) to be of four
3. An eightieth part (of the principal) accrues as interest on it (every month); and it is certainly doubled by such interest within a third of a year less than seven years (that is to say, within six years and eight months).
4. Interest is declared (by some) to be of four in explaining the term 4dhi, ‘a pledge,’ as denoting a pledge to be used, such as e.g. a cow to be used with her milk, or landed property pledged together with its produce. The term bandha, ‘a deposit,’ is supposed to denote a pledge which must not be used ; according to the Mayfkha, however, it means a pledge which is not actually delivered to the creditor, the debtor merely promising not to alienate it. ‘A pledge of adequate value’ is one corresponding in value to the principal together with the interest. Viram. p- 293. The term s&kshimat, ‘attested,’ is referred to a debt contracted orally before witnesses, both by Colebrooke (Dig. I, 1, 11) and Mandlik (May. loc. cit.). This, however, is opposed to the gloss of the Viramitrodaya.
2. May. p. 102; Col. Dig. I, 1, 3. It is hardly necessary to point out that the etymology here proposed of the term kusida, ‘a loan on interest,’ is entirely fanciful. It is really derived from ku and sida, and denotes ‘ that which adheres closely, and cannot easily be got rid of.’ The commentators explain the clause ‘apprehending no sin’ to imply that it is sinful otherwise to accept a gift from an unworthy person.
3. Smriti.; Col. Dig. I, 2, 26. asftibhago vardheta labhe dvigunatim iy4t \ prayuktam saptabhir varshais tribhagonair na sassayah It
4-8. Viram. pp. 294, 295; Col. Dig. I, 2, 35.
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sorts ; by others, it is stated to be fivefold; and by others again, it is said to be of six kinds. Learn their (various) qualities.
5. K&yika (bodily interest); k4lika (periodical interest); 4akravrzddhi (compound interest) ; karita (stipulated interest); sikhAavyzddhi (hair-interest) ; and bhogalabha (interest by enjoyment): such are the six kinds of interest.
6. K4yiké interest is connected with bodily labour; kaliké is due every month; 4akravvzddhi is interest on interest; k4rité is interest promised by the borrower.
7, 8. When interest is received every day, it is termed sikhAvrzddhi (hair-interest, because it grows every day). Because it grows constantly like hair, and does not cease growing except on the loss of the head, that is to say, on payment of the principal, therefore it is called hair-interest. The use of a (mortgaged) house, or the produce of a field, is termed bhogalabha (interest by enjoyment).
9. That k4rit4 (stipulated) interest has to be paid always, which has been stipulated by the debtor himself, over and above (the ordinary rate of interest), and has been promised in times of distress.
10. When (such special) interest has been stipulated in any other manner, it must not be paid by any means.
11. Hair-interest, bodily interest, and interest by
p. 7
10. When (such special) interest has been stipulated in any other manner, it must not be paid by any means.
11. Hair-interest, bodily interest, and interest by
p. 7
6. ‘Bodily labour, when the milk of a pledged cow or the strength of a pledged animal for draught or burden is used by the creditor, being, as it were, the interest on his loan. Viram.
g, 10. Viram. p. 295; Col. Dig. I, 2, 37 (‘ Katyayana’).
ro. ‘In any other manner,’ i.e. by the creditor. Viram.
11. Viram. p. 301; Col. Dig. : 2, 35>
[33]
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enjoyment shall be taken by the creditor so long as the principal remains unpaid.
12. But the use of a pledge after twice the principal has been realised from it, compound interest, and the exaction of the principal and interest (together as principal) is usury and reprehensible.
13. On gold (and other precious metals), the interest may make (the debt) double; on clothes and base metals (such as tin or lead), treble; on grain, it is allowed to rise to four times the original amount, and so on edible plants (or fruit), beasts of burden, and wool.
14. It is allowed to make (the debt) quintuple, on pot-herbs; sextuple, on seeds and sugar-cane; and it may make (the debt) octuple, on salt, oil, and spirituous liquor.
15. Likewise, on sugar and honey, if the loan be of old standing.
16. On grass, wood, bricks, thread, substances from which spirits may be extracted, leaves, bones, leather, weapons, flowers, and fruits, no interest is ordained.
17. A pledge is termed bandha, and is declared to
12. Viv. p.12; Col. Dig. loc. cit.
13-16. Viram. pp. 298, 300; Viv. pp. " 18; May. p. 104; Col. Dig. I, 2, 63, 67, 69.
13. The Viramitrodaya reads Jarmésthivarmandm, ‘leather, bones, and armour.’
16. The commentators observe that no interest should be exacted, unless there be a special agreement to the purpose. There is, however, another reading (vrrddhis tu na nivartate), under which the purport of this rule becomes quite different, viz. that there is absolutely no limit regarding the interest on the articles mentioned in it. This version is in harmony with the corresponding regulations of other legislators.
17. Col. Dig. I, 3, 80; May. p. 105; Viram. p. 305.
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be of four sorts; movable or immovable; to be kept only or to be used; to be released at any time, or limited as to time; stated in writing, or stipulated (orally) before witnesses.
18. Should the creditor, actuated by avarice, use a pledge before interest has ceased to accrue on the loan (on becoming equal to the principal), or before the fixed period has expired, such use shall be stopped.
19. The pledge has to be kept carefully, like a deposit; interest is forfeited in case of its being damaged.
20. A pledge having been used and rendered worthless (by such use), the principal (itself) is lost ; if a very valuable pledge be spoiled, he must satisfy the pledger.
19. The pledge has to be kept carefully, like a deposit; interest is forfeited in case of its being damaged.
20. A pledge having been used and rendered worthless (by such use), the principal (itself) is lost ; if a very valuable pledge be spoiled, he must satisfy the pledger.
21. If a pledge be destroyed by a fatal accident or by an act of the king, the debtor shall be caused either to deliver another pledge or to pay the debt.
22. When the debtor restores the principal and asks for his pledge, it must be restored to him ; otherwise the creditor is liable to punishment.
18,19. Col. Dig. I, 3, 92; Viram. p. 306.
20. Col. Dig. I, 3, 86; Viram. p. 309; May. p. 105.
21. Col. Dig. I, 3, 93; May. p. 105; Viram. p. 309. This text has been translated according to the Viramitrodaya. Under the reading of the other compilations, payment of the debt together with interest is enjoined. ‘A king,’ i.e. a ruler who offends against the dictates of religion. Viram.
22. Col. Dig. I, 3,103; Viram. p.319. The rule that the principal only needs to be restored concerns a pledge for use. In the case of a pledge for custody, interest has to be paid besides the principal. Viram.
Y2
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23. When a field or other (immovable property) has been enjoyed, and more than the principal realised by it, then the debtor shall recover his pledge, if the principal and interest has been actually got out of it (by the creditor).
24. (This law applies) when the debtor delivers a field to the creditor, with the following stipulation, ‘ This (field) shall be enjoyed by you, when interest has ceased (on becoming equal to the principal), that is certain. When the principal has been realised together with the interest, you shall restore (the field) to me.’
25. When the time (for payment) has passed and interest has ceased (on becoming equal to the principal), the creditor shall be owner of the pledge ; but, till ten days have elapsed, the debtor is entitled to redeem it.
26. Notice having been given to the debtor's family, a pledge to be kept (only) may be used, after the principal has been doubled; and so may a pledge for a fixed period, on the expiration of that term.
27. When the principal has been doubled, or the stipulated period expired in the case of a pledge delivered for a certain time only, the creditor
23. Col. Dig. I, 3, 108; May. p. 107.
23, 24. Viram. p. 320. Under a stipulation of this sort, the mortgagee shall recover his pledge, as soon as the creditor has fully realised his demand out of the mortgage, no matter whether he has - contributed little or much himself towards its realisation. Viram. The Ratndkara (p. 29) inserts the following text after 24, ‘ This lawful rule has been proclaimed with regard to loans on interest and so forth.’
25. Col. Dig. I, 3,115; Viram. p. 316.
26. Viram. p. 316 ; Col. Dig. I, 3, 119 (‘ Smriti’).
Viram. The Ratndkara (p. 29) inserts the following text after 24, ‘ This lawful rule has been proclaimed with regard to loans on interest and so forth.’
25. Col. Dig. I, 3,115; Viram. p. 316.
26. Viram. p. 316 ; Col. Dig. I, 3, 119 (‘ Smriti’).
27, 28. Viram. p. 315. ‘During that interval,’ i.e. before the ten days have elapsed. Viram. These two texts are elsewherep. 325 becomes owner of the pledge, after having waited for a fortnight.
28. If the debtor should pay the debt during that interval, he may recover his pledge (even then).
29. When the amount of the debt has been doubled (by the interest accruing on it), and the debtor is either dead or no longer present, (the creditor) may take his chattel and sell it before witnesses.
30. Or, its value having been estimated in an assembly, he may keep it for ten days; after which, having realised a sufficient sum to cover his demand, he should relinquish the balance.
31. When a man neither enjoys a pledge, nor obtains it (from the debtor), nor points it out (to others), his written contract (concerning the pledge) is invalid, (just like) a document when the (subscribing) witnesses and debtor are dead.
32. When a house or field has been mortgaged for use and the period (fixed for such use) has not expired, the debtor cannot recover his property, nor can the creditor (recover) his loan.
33. When the (stipulated) period has elapsed, both attributed to Vyasa. This is probably the correct view, as it is difficult to reconcile these texts either with the preceding or with the following ones.
29. May. p. 106.
29, 30. Viram. p. 316; Col. Dig. I, 3,121. ‘The chattel,’ i.e. the pledged commodity. ‘A sufficient sum to cover his demand,’ i.e. twice as much as the principal. Viram. The balance should be handed over to the relatives of the debtor or to the king. Colebrooke’s Digest has another text after these two, in which it is stated that the precise amount of the debt should be ascertained by persons skilled in computation.
31. Col. Dig. I, 3, 126; Smvstié.; Ratn. p. 35.
32, 33. Viv. p.25; Col. Dig. I, 3, 105,118. In ordinary cases,p. 34 parties are at liberty to do so. But, even before (the stipulated period) has elapsed, they may make an arrangement by mutual consent.
34. Where one field has been mortgaged to two creditors at the same time, it shall belong to that mortgagee who was the first to obtain possession of it.
35. If both have possessed it for an equal time, it shall be held in common (or shared equally) by them. The same rule is ordained in the case of a gift or a sale.
36. Which course should be adopted in cases of a competition between three different acts, the identical property having been sold, mortgaged, and given away on one and the same day ?
The same rule is ordained in the case of a gift or a sale.
36. Which course should be adopted in cases of a competition between three different acts, the identical property having been sold, mortgaged, and given away on one and the same day ?
37. The three parties should divide that lawful property of theirs among themselves in proportionate shares, the two first in the ratio of their respective claims, whereas the donee ought to obtain a full third.
38. The pledgee can never be compelled to restore the pledge against his will, before the whole amount due to him has been paid, nor must (the pledge be obtained from him) by deceit or by (the mode called) Karita.
the recovery of the loan, attended by the restoration of the pledge to the pledger, takes place after the lapse of the stipulated period. By mutual consent, however, it may take place before that time.
34. The term ‘a field’ includes by implication any pledge for use. Viram. p. 312. Other commentators add that possession must have been obtained without forcible means. Col. Dig. I, 3, 132.
35. Smriiz. ; Col. Dig. I, 3, 133; Ratn. p. 37.
36, 37. Viram. p. 314 (‘ Vasishéha’); V. T.
38. Ratn. p. 27; Col. Dig. I, 3, 102. Regarding the mode called Xarita or Afarita, see below, XI, 58.
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39. For appearance, for confidence, for payment, and for delivering the assets of the debtor: it is for these four different purposes that sureties have been ordained by the sages in the system (of law).
40. The first says, ‘1 will produce (that man) ;’ the second (says), ‘He is a respectable man;’ the third (says), ‘1 will pay the debt ;” the fourth (says), ‘T will deliver his assets.’
41. If the debtors fail in their engagements, the two first (sureties themselves, but not their sons) must pay the sum lent at the appointed time ; both the two last (sureties), and in default of them their sons (are liable for the debt), when the debtors break their promise (to pay the debt).
42. The creditor should allow time for the surety to search for a debtor who has absconded ; a fort+ night, a month, a month and a half, according to.{ghe distance of) the place (where he is supposed, fo be mang himself).
3. (Sureties) must not be excessively harassed ; they should be made to pay the debt by instalments;
39. Col. Dig. I, 4, 142; Viram. p. 321; Viv. p. 27. The author of the last-mentioned work reads rive dravy4rpane for rinidravy4rpane, which reading he refers to as the traditional one, and defines the fourth kind of surety to be one who vouches for the return of articles lent for use, such as ornaments for a festivity.
p. 321; Viv. p. 27. The author of the last-mentioned work reads rive dravy4rpane for rinidravy4rpane, which reading he refers to as the traditional one, and defines the fourth kind of surety to be one who vouches for the return of articles lent for use, such as ornaments for a festivity.
40. May. p. 107. The first surety promises to produce a debtor, who is likely to abscond; the second vouches for the debtor’s honesty, declaring that he is a virtuous man, who will not deceive the creditor; the third promises to pay the debt himself together with the interest, if the debtor should fail to pay it; the fourth promises to deliver his movable property, such as household furniture, in the same case.
41. May. p. 107.
42, 43. Viram. pp. 323, 328; Col. Dig. I, 4, 148; Ratn. p. 45.
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they must not be attacked when the debtor is present: such is the law regarding sureties.
44. When (a surety), being harassed, pays a proved debt which he has vouched for, (the debtor) shall pay him twice as much, after the lapse of a month and a half.
45. Should foolish (sureties) in good faith pay the debt, though not required to do so, or on being required to pay a different debt, how and from whom can they recover that sum ?
46. By whom, to whom, and how, should, or should not, be paid a loan which has been received from the hands of another man in the shape of a loan on interest, will now be declared.
47. A loan shall be restored on demand, if no time has been fixed (for its restoration); or on the expiration of the time (if a definite period has been fixed) ; or when interest ceases (on becoming equal to the principal). If the father is no longer alive, (the debt must be paid) by his sons.
48. The father’s debt must be paid first of all, and after that, a man’s own debt; but a debt contracted by the paternal grandfather must always be paid before these two even.
49. The father’s debt, on being proved, must be paid by the sons as if it were their own; the grandfather’s debt must be paid (by his son’s sons) without
44. Viram. p. 328.
45. Ratn. p. 46; Col. Dig. I, 4, 163.
46. Ratn. p. 47; Col. Dig. I, 5, 166.
47. Ratn. p. 47; Col. Dig. I, 5, 166 ; Viv. p. 32.
48. Ratn. p. 47; Col. Dig. I, 5,167; May. p. 112.
49. May. p.112; Col. Dig. I, 5,167. ‘As if it were their own,’ i.e. with interest. Ratn.
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interest; but the son of a grandson need not pay it at all.
50. When a debt has been incurred, for the benefit of the household, by an uncle, brother, son, wife, slave, pupil, or dependant, it must be paid by the head of the family.
‘51. Sons shall not be made to pay (a debt incurred by their father) for spirituous liquor, for losses at play, for idle gifts, for promises made under the influence of love or wrath, or for suretyship, nor the balance of a fine or toll (liquidated in part by their father).
‘51. Sons shall not be made to pay (a debt incurred by their father) for spirituous liquor, for losses at play, for idle gifts, for promises made under the influence of love or wrath, or for suretyship, nor the balance of a fine or toll (liquidated in part by their father).
52. The liability for the debts devolves on the successor to the estate, when the son is involved in calamity; or on the taker of the widow, in default of a successor to the estate.
53. Debts contracted by the wives of distillers of spirituous liquor, hunters, washermen, herdsmen, barbers or the like persons, shall be paid by their protector ; they were contracted for the affairs of their husbands.
54. When (a debtor) has acknowledged a debt, it may be recovered from him by the expedients of friendly expostulation and the rest, by moral suasion,
50. Ratn. p. 543; Col. Dig. I, 5, 189; Viv. p. 39.
51. Ratn. p. 57; Col. Dig. I, 5, 201; May. p.113. Regarding promises made under the influence of love or wrath, see Katy4yana X, 53, 54:
52. Ratn. p. 64; Col. Dig. I, 5,174; May. p. 114; Viv. p. 37.
53. Viram. p. 354 (‘ Katyayana’); Col. Dig. I, 5, 217; Ratn. p-60. ‘Protector’ means husband. Ratn. ‘Barbers,’ napita, are referred to according to the reading of the Ratnakara. The Viramitrodaya reads nfvika, ‘sailors,’ which reading is mentioned as a varia lectio in the Ratnfkara. Colebrooke has ‘shepherds.’
54. Col. Dig. I, 6, 244; May. p. 109.
p. 55
by artful management, by compulsion, and by confinement at his house.
55. When a debtor is caused to pay by the advice of friends or kinsmen, by friendly remonstrances, by constant following, or by (the creditor) starving himself to death, it is termed moral suasion.
56. When acreditor, with a crafty design, borrows anything from his debtor, for his own use, or withholds an Anvahita deposit or the like, and thus enforces payment of the debt, it is termed artful management,
57. When a debtor is fettered and conducted into (the creditor's) own house, where he is compelled to pay the debt by beating or other (forcible) means, it is called compulsion.
58. When a debtor is made to pay by confining his wife, son or cattle, and by watching at his door, it is termed Aéarita (the customary mode).
59. An indigent debtor may be taken to his own house by the creditor and compelled to do work there, such as distilling spirits and the like; but a Brahman must be made to pay gradually.
55. Col. Dig. I, 6, 236; May. p. 109; Ratn. p. 67; Viv. p. 43. The term praya or praéyopavesana corresponds without doubt to the modern custom of Dharma, or ‘ fasting upon’ a debtor, when the creditor places himself before the debtor’s house and threatens to starve himself to death, unless the debt be paid. It is true that some commentators interpret prdya by ‘importunate demands’ (prarthanabahulya or prarthan4).
It is true that some commentators interpret prdya by ‘importunate demands’ (prarthanabahulya or prarthan4).
56. Col. Dig. I, 6,238; May. p. 109, &c. ‘ With a crafty design,’ as e. g. when valuable ornaments are borrowed from the debtor, on the pretence of using them at a festivity. ‘An Anvahita deposit’ is an article deposited for delivery to another person. Viram. p. 333-
57. Col. Dig. I, 6, 240. 58. Col. Dig. I, 6, 239.
59. Ratn. p. 71; Col. Dig. I, 6, 246.
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60. When the time fixed (for payment) has elapsed, and the interest has ceased (on becoming equal to the principal), the debtor may either recover his loan or cause a new bond to be written in the form of compound interest.
61. As compound interest is taken on the doubled principal, so does the use of a pledge (become a new principal), the debt together with the interest being considered as the (new) principal.
62. This rule concerns an acknowledged (debt) ; but (a debtor) denying (his liability) shall be compelled to pay, on the debt being proved in a (judicial) assembly by a document or by witnesses.
63. (A debtor) claiming judicial investigation in a doubtful case, shall never be put under restraint (by the creditor). He who puts under restraint one not liable to such treatment, shall be fined according to law.
64. A debtor who makes a declaration in this form, ‘What may be found to be justly due, that I will pay,’ is termed ‘one claiming judicial investigation.’
65. When there is a difference of opinion between the two parties regarding the nature (of the loan), or the number or the like, or the (amount of) interest,
60. May. p. 110; Col. Dig. I, 6, 255. The new bond is to be one in which the interest is calculated on the interest added to the principal, i.e. on the doubled principal.
61. Ratn. p. 72; Col. Dig. I, 6, 259. The comparison here proposed relates to the case when a pledge for use has been accidentally destroyed, and a new bond is executed, in which the interest is calculated on the principal together with the lost usufruct.
62. Ratn. p. 75; May. p. 110; Col. Dig. I, 6, 160.
63. May. p. 110; Col. Dig. I, 6, 161.
63-65. Ratn. p. 25. 64. May. p. 110; Col. Dig. I, 6, 162.
65. Col. Dig. 1, 6, 163. ‘The nature of the loan,’ whether it be gold or silver, &c.; ‘or the like,’ such as the pledge given, &c. Ratn.
p. 66
or whether the sum be due or not, it is termed a doubtful case.
66. Should a man, after recovering his debt by moral suasion or one of the other modes, fail to receipt it on the bond, or to give a deed of acquittance, it shall yield interest (to the debtor).
XII. Deposits.
1. The Law of Debt, beginning with the delivery of a loan and ending with its recovery, has been declared. Hear, now, the complete set of rules concerning Deposits.
XII. Deposits.
1. The Law of Debt, beginning with the delivery of a loan and ending with its recovery, has been declared. Hear, now, the complete set of rules concerning Deposits.
2. When any chattel is deposited in the house of another man, through fear of the king, robbers, or other dangers, or for the purpose of deceiving one’s heirs, it is called a Nydsa deposit.
3. When a chattel enclosed in a cover and marked with a seal (is deposited) without describing its nature or quantity, and without showing it, it is termed an Aupanidhika deposit.
4. Let a man make a deposit, after duly considering the place, house, master of the house, the power, means, qualities, veracity, and kindred (of the depositary).
5. (A deposit) is declared to be of two sorts:
66. Ratn. p. 80; Col. Dig. I, 6, 288. The term vriddhi, ‘interest,’ is interpreted ‘forfeiture’ by a certain number of commentators. This erroneous interpretation has been adopted by Colebrooke. Sir W. Jones has the correct translation.
XII, x. Ratn. p. 83; Col. Dig. II, 1, 1.
2. Ratn. p. 83; Col. Dig. II, 1, 6; Viram. p. 361.
3. Ratn. p. 83; Col. Dig. II, 1, 7 (with several different readings).
4. Ratn. p. 85; Col. Dig. II, 1, 14.
5-8. Ratn. pp. 85, 86; Col. Dig. II, 1, 19.
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attested, or deposited in private; it must be guarded with the same care as a son ; for it would be destroyed by neglect.
6. The merit of one who preserves a deposit or one who places himself under his protection, is equal to the merit of one who gives (articles made of) gold, or of base metal, or clothes.
7. The sin of those who consume or spoil (by negligence) a bailed chattel is as great as (the sin) of a woman who injures her husband, or of a man who kills his son or his friend.
8. It is the best course not to accept a deposit ; but to destroy it (after having received it) is disgraceful ; after having taken it, a man should keep it carefully and restore it when it has been asked for even once only.
9. A deposit must be returned to the very man who bailed it, in the very manner in which it was bailed ; it must not be delivered to the successor of that man,
10. When a deposit is destroyed, together with the goods of the depositary, by the act of fate or of the king, (the depositary) is not to blame.
11. If the depositary should suffer the deposit to be destroyed by his want of care or indifference, or should refuse to restore it on being asked for it, he shall be made to pay (the value of) it with interest.
6,9. May. p. 115. 4, 8. Col. Dig. II, 1, 19.
g. Col. Dig. II, 1,18; Viv. p. 51; Ratn. p. 87.
1o. Ratn. p. 88; Col. Dig. Il, 1, 23; Viram. p. 362; May. p. 116.
11. Ratn. p. 90; Col. Dig. II, 1, 34; May. p.116; Viv. p. 53. The commentators take bheda, ‘ want of care,’ to mean separation of the deposit from the depositary’s own property, and bestowing less care on it than on the effects of the depositary.
p. 12
p. 362; May. p. 116.
11. Ratn. p. 90; Col. Dig. II, 1, 34; May. p.116; Viv. p. 53. The commentators take bheda, ‘ want of care,’ to mean separation of the deposit from the depositary’s own property, and bestowing less care on it than on the effects of the depositary.
p. 12
12, Should any (depositary) procure advantage for himself by an article deposited (with him), he shall be fined by the king, and compelled to pay its value together with interest.
13. He who, after receiving a deposit, denies the fact, and is convicted by (the evidence of) witnesses or ordeal, shall be compelled to give up the deposit and to pay an equal amount as a fine.
14. When a dispute arises with regard to a deposit privately made, the performance of an ordeal is ordained for both parties, to establish the facts of the case.
15. The same set of rules applies in the case of a bailment for delivery (to a third person), a loan for use, an article delivered to an artist (such as gold delivered to a goldsmith to be worked by him into an earring), a pledge, and a person offering himself for protection.
XIII. Sate witHoutT OWNERSHIP.
1. Immediately after deposits, sale by another person than the owner has been declared by Bhyzgu; listen attentively, I will expound that subject thoroughly.
12. Ratn. p. 91; Col. Dig. IJ, 1, 31. The commentators observe that the use here referred to must have been made without the consent of the owner.
13. Ratn. p. 93; Col. Dig. II, 1, 45.
14. Ratn. p. 95; Viram. p. 366. The term ‘both parties’ is used in order to imply that the ordeal may be performed either by the alleged depositor or depositary. Vfram.
15. May. p.116; Ratn. p. 96; Viv. p. 54.
14, 15. Col. Dig. II, 1, 12.
XIII, 1. Ratn, p. 101; Col. Dig. II, 2, 1.
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2. An open deposit, a bailment for delivery (Anvdhita), a Nydsa (sealed) deposit, stolen property, a pledge, or what has been borrowed for use: when any one of these articles has been. sold in secret by a man, he is declared a person different from the owner (asvdmin).
3. When the vendor has been produced and has been cast in the suit, (the judge) shall cause him to pay the price and a fine to the buyer and king respectively, and to restore the property to the owner.
4. When the former owner comes forward and makes good his claim to the thing bought, the vendor shall be produced (by the purchaser); by doing so, the purchaser may clear himself.
5. That greedy man who covets another man’s property, without having any claim to it, shall be compelled to pay twice the value (of the property claimed) as a fine, if he is unable to prove his claim.
6. When there is no evidence in a suit, the king shall consider the character of the parties and pass a decree himself, according to the equal, greater, or less (credibility of the parties).
6. When there is no evidence in a suit, the king shall consider the character of the parties and pass a decree himself, according to the equal, greater, or less (credibility of the parties).
7. When a purchase has been made before an assembly of merchants, the king’s officers being aware of it (also), but from a vendor whose habitation is unknown; or when the purchaser has deceased :
8. The owner may recover his own property by
Ratn. p. ror; Col. Dig. I], 2, 2; Viram. p. 374. Ratn. p. 102; Col. Dig. II, 2, 30; Viv. p. 57. Ratn. p. 101; Col. Dig. II, 2, 33; Viram. p. 379. Ratn. p. 106 ; Col. Dig. II, 2, 46.
Ratn. p. 108; Col. Dig. II, 2, 52.
7-9. Ratn. p. 109; Col. Dig. II, 2, 53, 54.
Papo p
p. 9
paying half the price (tendered), the custom in that case being that one half of the value is lost to each of the two.
g. A purchase from an unknown (vendor) is one fault (in that case); want of care in keeping it is another ; these two faults are viewed by the wise as legitimate grounds of loss to each party.
10. When a man purchases (a commodity) at a fair price, and (the purchase) has been previously announced to the king, there is no wrong about it; but he who makes a fraudulent purchase is a thief.
11, That should be known asa fraudulent purchase which is made at an unreasonably low price, in the interior of a house, outside of the village, at night, in secret, or from a dishonest person.
XIV. Concerns OF A PARTNERSHIP.
1, Trade or other occupations should not be carried on by prudent men jointly with incompetent or lazy persons, or with such as are afflicted by an illness, ill-fated, or destitute.
2. A man should carry on business jointly with persons of noble parentage, clever, active, intelligent, familiar with coins, skilled in revenue and expenditure, honest, and enterprising.
3. As an equal, smaller, or larger share (of the
10, 11. Viv. p. 60; Viram. p. 375; Col. Dig. II, 2, 57. In 10, Colebrooke has ‘delivered by the owner in the presence of credible persons. I have translated the reading of the Viframitrodaya, ‘previously announced to the king.’ In 11, the clause ‘in secret’ is omitted in the Viramitrodaya.
XIV, 1, 2. Ratn. p. r11; Col. Dig. Il, 3, 2; Viram. pp. 383, - 384.
3. Ratn. p.112; Col. Dig. II, 3, 5.
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joint stock) has been contributed by a partner, in the same proportion shall he defray charges, perform labour, and obtain profit.
4. Of those who lend (jointly) gold, grain, liquids and condiments, or the like, the gain shall be equal to their respective shares (of the joint expenditure), whether equal, more, or less.
5. Whatever property one partner may give (or lend), authorized by many, or whatever contract he may cause to be executed, all that is (considered as having been) done by all.
5. Whatever property one partner may give (or lend), authorized by many, or whatever contract he may cause to be executed, all that is (considered as having been) done by all.
6. They are themselves pronounced to be arbitrators and witnesses for one another in doubtful cases, and when a fraudulent act has been discovered, unless a (previous) feud should exist between them.
7. When any one among them is found out to have practised deceit in a purchase or sale, he must be cleared by an oath (or ordeal) ; such is the rule in all disputes (of this sort).
8. When a loss or diminution has occurred through fate or the king, it is ordained that it should be borne by all (partners) in proportion to their respective shares.
9. When (a single partner acting) without the assent (of the other partners) or against their express instructions injures (their joint property)
4. Ratn. p. 123; Col. Dig. II, 3, 45.
5-7. Ratn. pp. 123, 113; Col. Dig. II, 3, 45, 9, 10; May. p. 121; Viram. p. 385.
8. Ratn. p. 113; Col. Dig. II, 3, 11. ‘A loss,’ destruction of ’ the principal ; ‘diminution,’ loss of profits. Ratn.
g. Ratn. p. 113; Col. Dig. II, 3, 12; Viv. p. 61; Viram. p. 385.
(33) Zzp. 10 through his negligence, he must by himself give a compensation to all his partners.
10. That (partner), on the other hand, who by his own efforts preserves (the common stock) from a danger apprehended through fate or the king, shall be allowed a tenth part of it (as a reward), the remainder being distributed among the other (partners), according to their shares (in the stock).
11. Should any such partner in trade happen to die through want of proper care, his goods must be shown (and delivered) to officers appointed by the king.
12, And when any one comes forward claiming that man’s property as heir (to the deceased partner), he shall prove his right to it by (the evidence of) other men, and then let him take it.
13. The king shall take a sixth, a ninth, and a twelfth part respectively from the property of a Sddra, Vaisya, and Kshatriya ; and a twentieth from the property of a Brahman.
14. But after the lapse of three years, if no owner should come forward by any means, the king shall take that property; the wealth of a Brahman he shall bestow on (other) Brahmans.
15. So among (several) persons jointly performing a ceremony, if any one should meet with an accident, his (part of ) the ceremony shall be performed by a kinsman of his, or by all his associates (in work).
10. Ratn. p. 114; Col. Dig. I, 3,15; Viv. p. 61; Viram. p. 386.
11,12. Ratn. p.116; Col. Dig. II, 3, 21; Viv. p. 63.
13,14. Ratn. p. 116; Col. Dig. Il, 3, 22; Viv. p. 64.
15. Ratn. p.117; Col. Dig. II, 3, 29; Viv. p. 65. ‘A ceremony,’ such as a sacrifice.
XIV, ar. CONCERNS OF A PARTNERSHIP. 339
Ratn. p. 114; Col. Dig. I, 3,15; Viv. p. 61; Viram. p. 386.
11,12. Ratn. p.116; Col. Dig. II, 3, 21; Viv. p. 63.
13,14. Ratn. p. 116; Col. Dig. Il, 3, 22; Viv. p. 64.
15. Ratn. p.117; Col. Dig. II, 3, 29; Viv. p. 65. ‘A ceremony,’ such as a sacrifice.
XIV, ar. CONCERNS OF A PARTNERSHIP. 339
16. They (the officiating priests) are pronounced to be threefold: coming (of their own accord), hereditary in the family, and appointed by (the sacrificer) himself; their business should be performed by them accordingly.
17. To a kinsman, relative, or friend one may lend money with a pledge (only); a loan to others must be guaranteed by a surety, or there must be a written contract or witnesses.
18. Gold or silver may be lent according to one’s own choice; liquids and condiments, and grain, for a specified period only; it is by local custom that both the loan and its recovery should be regulated.
19. That, however, which has been lent by several persons in common, must be recovered by them jointly; any (such lender) who fails to demand (the loan together with his partners) shall forfeit interest.
20. The law regarding loans has been declared before, (therefore) it is referred to in an abridged form only in the present chapter. Listen to the legal rules regarding cultivators of the soil and other (associates in work), which are declared as follows.
21. Tillage should be undertaken by a sensible
16. Ratn. p. 120; Col. Dig. II, 3, 44. The analogous text of Narada shows that officiating priests are the persons intended by this rule.
17-26. Ratn. pp. 123, 1243; Col. Dig. II, 3, 47-51.
18. In a loan of gold, a definite period for its return need not be specified ; but for liquids, &c. the stipulation of a fixed term is necessary. Ratn.
20. ‘Declared before,’ i.e. in Chapter XI. All the rules declared in that chapter are equally applicable to loans made by an association.
Z2
p. 22
man jointly with those who are his equals in point of cattle, workmen, seeds, and the like, as well as implements of husbandry.
22. They should refrain anxiously from cultivating an enclosed pasture-ground, land adjacent to a town, or to the king’s highway, barren soil, and ground infested by mice.
23. That man will enjoy produce who sows fertile land, which has many holes and is wet, capable of irrigation, surrounded by fields on all sides, and cultivated in due season.
24. A sensible cultivator must not admit cattle which is lean, very old, tiny, diseased, apt to run away, blind of one eye, or lame.
25. When by the deficiency of one (partner) as to cattle or seeds a loss happens in (the produce of) the field, it must be made good by him to all the husbandmen.
26. This primeval set of rules has been declared for cultivators of the soil.
27. One able to work up gold, silver, thread, wood, stone, or leather, and acquainted with the articles to be manufactured (with such materials), is called Silpin (an artizan or artist) by the wise.
26. This primeval set of rules has been declared for cultivators of the soil.
27. One able to work up gold, silver, thread, wood, stone, or leather, and acquainted with the articles to be manufactured (with such materials), is called Silpin (an artizan or artist) by the wise.
28. When goldsmiths or other (artists) practise their art jointly, they shall share the profits in due proportion, corresponding to the nature of their work.
27,28. Ratn. p. 124; Col, Dig. II, 3, 52; Viv. p. 70; Viram. p- 396. Some compilations exhibit the readings kupya, ‘base metals,’ for ripya, ‘silver;’ pattra, ‘leaves,’ for. sfitra, ‘ thread ;* tattatkalabhig#ah, ‘acquainted with the minute particles of these materials,’ for fa phal&bhig#ah, ‘and acquainted with the articles to be manufactured.’
XV, 41 RESUMPTION OF GIFTS. 34I
29. The headman among a number of workmen jointly building a house or temple, or digging a pool or making articles of leather, is entitled to a double share (of the remuneration).
30. The same rule has been declared by virtuous men for musicians; he who knows how to beat the time shall take a share and a half, but the singers shall take equal shares.
31. When anything has been brought from a hostile country by freebooters, with the permission of their lord, they shall give a sixth part to the king and share (the remainder) in due proportion.
32. Four shares shall be awarded to their chief; he who is (specially) valiant shall receive three shares; one (particularly) able shall take two; and the remaining associates shall share alike.
XV. Resumption oF GIFTS.
1. The system of rules relative to Concerns of a Partnership has been fully declared thus; the rules regarding what may, or may not, be given, valid, and invalid gifts, will be declared (next).
2g. Ratn. p. 125; Col. Dig. II, 3, 54; May. p. r21; Viv. p. 70; Viram. p. 390. The last two works read vapi for vapi, and under this reading the clause ‘ or digging a pool’ would have to be omitted. The Mayfkha reads dharmika, ‘sacred articles,’ for Aarmika, ‘articles made of leather.’
30. Ratn. p. 125; Col. Dig. II, 3, 55; Viv. p. 71; Viram. p. 391; May. p. 121.
31, 32. Ratn. p. 125; Col. Dig. II, 3, 56; Viv. p. 71; Viram. p- 391. ‘ Their chief,’ i.e. one who exerts mind and body. Ratn., Viv.
XV, 1. Ratn. p.127; Col. Dig. II, 4,1; Viram. p. 392.
p. 2
2. That which may not be given is declared to be of eight sorts, joint property, a son, a wife, a pledge, one’s entire wealth, a deposit, what has been borrowed for use, and what has been promised to another.
3. What remains after defraying (the necessary expenses for) the food and clothing of his family, may be given by a man; otherwise (by giving more than that), the religious merit (supposed to be acquired by the giver) though tasting like honey at first, will change into poison in the end.
3. What remains after defraying (the necessary expenses for) the food and clothing of his family, may be given by a man; otherwise (by giving more than that), the religious merit (supposed to be acquired by the giver) though tasting like honey at first, will change into poison in the end.
4. When any field (or house) is given away, belonging to a number of houses or fields acquired in one of the seven modes of (lawful) acquisition, it is ordained to be viewed as a valid gift, whether it have been inherited from the father or acquired by the donor himself.
5. Self-acquired property may be given away at pleasure (by its owner); a pledge may be disposed of according to the rules of mortgage; in the case of property received as a marriage portion, or inherited from an ancestor, the bestowal of the whole is not admitted.
6. When, however, a marriage gift, or inherited property, or what has been obtained by valour, is
3. Ratn. p.127; Col. Dig. II, 4, 5; Viv. p. 72; Viram. p. 392.
3. Ratn. p. 129; Viv. p. 75; Col. Dig. II, 4, 18.
4, 8 Viv. p. 76. The seven modes of acquisition are, according to Manu (X, 115), inheritance, finding, purchase, conquest, lending at interest, doing work, and the acceptance of gifts from virtuous men. The prohibition to give away the whole, in 5, relates to property acquired by valour as well, according to the Ratn4kara. The clause translated by ‘bestowal of the whole’ may also mean, ‘every gift,’ i.e. a gift not sanctioned by the persons referred to in 6.
4-7. Ratn. p. 130; Col. Dig. II, 4, 18.
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given with the assent of the wife, kinsmen, or supreme ruler, the gift acquires validity.
7. Co-heirs (or joint-tenants), whether divided in interests or not, have an equal claim to the immovable wealth; a single (parcener) has no power to give, mortgage, or sell the whole (wealth).
8. The following eight sorts of gifts are recognised as valid by persons acquainted with the law of gift, viz. wages, (what was given) for the pleasure (of hearing bards, or the like), the price of merchandise, the fee paid for (or to) a damsel, (and what was given) to a benefactor (as a return for his kindness), through reverence, kindness, or affection.
9. What has been given by one angry, or resenting an injury, or through inadvertence, or by one distressed, by a minor, a madman, one terrified, intoxicated, overaged, cast out from society, idiotic, or afflicted with grief or an illness,
10. Or what is given in jest; all such gifts are declared to be void gifts.
11. When anything has been given through desire of a reward, or to an unworthy man mistaken for a worthy person, or for an immoral purpose, the owner may resume the gift.
XVI. Master AND SERVANT.
1. What may not be given and kindred subjects have been declared; the law of servants shall be propounded next. (There) the title of Breach of Promised Obedience is treated first.
8. Ratn. p. 133; Col. Dig. II, 4, 49; Viv. p. 81.
XVI. Master AND SERVANT.
1. What may not be given and kindred subjects have been declared; the law of servants shall be propounded next. (There) the title of Breach of Promised Obedience is treated first.
8. Ratn. p. 133; Col. Dig. II, 4, 49; Viv. p. 81.
9, 10. Ratn. p. 136; Viv. p. 83; Col. Dig. II, 4, 62. 11. Ratn. p. 136; Viv. p. 83; Col. Dig. II, 4, 62.
XVI, 1, 2. Ratn. p. 139; Col. Dig. HI, 1,1; Viv. p. 84.
p. 2
2. The titles of non-payment of wages, and then (of disputes) between the owner (of cattle) and his servants are to follow in due order. Such are the three divisions of (the law of) servants.
3. They are pronounced to be of many sorts, according to their particular caste and occupation ; and fourfold, according as they serve for science, human knowledge (or skill), love, or gain.
4. Each of these is again divided (into several species), according to the difference of occupation.
5. Science is declared to be a knowledge of (one of) the three Vedas, called Rig-veda, SAama-veda, and Yagur-veda; for the purpose of acquiring such knowledge, he should pay obedience to a spiritual teacher, as ordained in law.
6. Arts (consisting of) work in gold, base metals, and the like, and the art of dancing and the rest are termed human knowledge; he who studies them should do work at his teacher's house.
7. He who has intercourse with another man’s female slave, should be considered as a slave for the sake of his paramour; he must do work for her master, like another hired servant.
8. The servant for gain (or pay) is declared to be of many sorts, another is the servant for a share (of the gain). Of all, a low, a middle, and a high sort is distinguished.
9. A servant engaged for a day, a month, half a month, a sixmonth, two months, or a year, must do
3, 4. Ratn. p. 140; Col. Dig. III, 1, 4; Viv. p. 84.
5. Ratn. p.140; Col. Dig. III, 1, 8; Viv. p. 86.
6. Ratn. p. 141; Col. Dig. III, 1, 16; Viv. p. 86.
4. Viv. p. 87; Col. Dig. III, 1, 32.
8-11. Ratn. pp. 142, 143; Col. Dig. HI, 1, 24.
p. 345
the work which he promised to do, and receives the stipulated fee.
10. The warrior is the highest of these; the cultivator of the soil is the middlemost; the porter is declared to be the lowest, and so is (a servant) employed in household work.
11. A servant for a share of the gain is declared to be twofold, either serving a husbandman or an owner of cattle; he shall receive, no doubt, a share of the grain produced, or of the milk.
12. A third or a fifth (of the produce) shall be awarded to the cultivator of the soil as his share.
13. Let that cultivator to whom food and clothing is given take a fifth of the crop; and let him who serves in consideration of the profit (alone) take a third part of the grain produced.
14. Should a hired servant fail in the performance of ever so small a part of his master’s work, he forfeits his wages, and may be sued in court for his offence.