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 13 of 14
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.
15. When a servant does not perform his work after having received his wages, though able (to do work), he shall be compelled to pay twice as much (as his wages) as a fine (to the king), and (shall restore) the wages (to his master).
16. He who has promised (to do work) and does not perform it, shall be compelled to do so by forcible means even; and if, through obstinacy, such a servant should still not do it as engaged for, he shall be fined
12,13. Ratn. pp. 157,158; Col. Dig. III, 1, 66, 67.
14,15. Ratn. p. 159; Col. Dig. ITI, 1, 71.
16. Ratn. p. 160; Col. Dig. III, 1, 75. There is another reading, translated by Colebrooke, under which the fine is to amount to two hundred Pamas, instead of eight Krishaalas.
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eight Krzshzalas, and his wages shall not be paid to him.
17. When a servant, commissioned by his master, does any improper act (such as theft) for the benefit of his master, the latter shall be held responsible for it.
18. When a master does not pay wages for the labour stipulated after the work has been performed, he shall be compelled by the king to pay it, anda proportionate fine besides.
19. (A man) hired for attendance on milch cows of another shall receive the whole milk every eighth day.
20. (A cowherd) shall save cattle from danger of reptiles, robbers, and tigers, and from caverns or pits; let him try his best to protect them, call out for help, or give notice to his master.
XVII. VioLtation or AGREEMENTS.
1. Thus has been declared the law concerning the mutual relations between master and servant; learn now concisely the performance of agreements.
2. Brahmans imbued with a knowledge of the Veda and of sacred lore, learned divines, and persons keeping a sacrificial fire, (the king) should worship, establish them there (in his kingdom), and provide a maintenance for them.
17. Ratn. p. 162; Col. Dig. III, 1, 84; Viv. p. 100.
18. Ratn. p. 165; Col. Dig. III, 1, 93; Viv. p. roo.
1g. Viv. p. 105; Ratn. p.170; Col. Dig. III, 4, 4.
20. Ratn. p.172; Viv. p.106; Col. Dig. III, 4, 10.
XVII, 1-10. Ratn. pp. 177-179; Col. Dig. II, 2, 2, 6.
2-9. Viram. pp. 423-427. The readings given in the Viramitrodaya have been translated everywhere, except in 2, where the Ratnakara has been followed.
XVII, rr. VIOLATION OF AGREEMENTS. 347
3. Let him bestow on them houses and landed property, exempt from taxation, declaring in a written grant that the revenue is remitted.
4. They shall perform for the citizens constant, special, and voluntary rites, as well as expiatory and auspicious ones, and pass a decision in doubtful cases.
5. A compact formed among villagers, companies (of artizans), and associations is (called) an’ agreement; such (an agreement) must be observed both in times of distress and for acts of piety.
5. A compact formed among villagers, companies (of artizans), and associations is (called) an’ agreement; such (an agreement) must be observed both in times of distress and for acts of piety.
6. When a danger is apprehended from robbers or thieves, it is (considered as) distress common to all; in such a case, (the danger) must be repelled by all, not by one man alone whoever he may be.
7. Mutual confidence having first been established by means of (the ordeal by) sacred libation, by a stipulation in writing, or by umpires, they shall then set about their work.
8. Enemies, dissolute, bashful, indolent, timid, avaricious, overaged or very young persons must not be chosen as intendants of affairs.
9. Honest persons, acquainted with the Vedas and with duty, able, self-controlled, sprung from noble families, and skilled in every business, shall be appointed as heads (of an association).
10. Two, three, or five persons shall be appointed as advisers of the association; their advice shall be taken by the villagers, companies (of artizans), corporations (of cohabitants), and other (fellowships).
11. When a stipulation has been entered in a
11-14. Ratn. p. 181; Col. Dig. III, 2,14; Viram. p. 425. For kuléyanam in 13, the Viramitrodaya reads kulayandairodhas 4a andp. 12 document as follows, ‘The construction of a house of assembly, of a shed for (accommodating travellers with) water, a temple, a pool, or a garden,
12. Relief to helpless or poor people, the performance of sacrificial acts, a common path, or defence, shall be undertaken by us in proportionate shares :’ that is a lawful agreement.
13. (Such an agreement) must be kept by all. He who fails (in his agreement), though able (to perform it), shall be punished by confiscation of his entire property, and by banishment from the town.
14. And for that man, whoever he may be, who falls out (with his associates), or neglects (his work), a fine is ordained amounting to six Nishkas of four Suvaraas each.
15. He who injures the joint stock, or insults a Brahman acquainted with the three Vedas, or breaks the mutual agreement, shall be banished from the town.
16. An acrimonious or malicious man, and one who causes dissension or does violent acts, or who is inimically disposed towards that company, association, or the king, shall be banished instantly from the town.
17. The heads of families, companies (of artizans) and associations, whether inhabiting a town or a stronghold, shall censure and reprimand offenders, and forsake them.
interprets it by ‘the maintenance of a family, including its preservation in times of distress.’
15. Ratn. p. 183; Col. Dig. III, 2, 19.
16. Ratn. p. 184; Col. Dig. III, 2, 20; Viram. p. 430.
17. Ratn. p. 184; Col. Dig. III, 2, 21; Viram. p. 429; Viv. p. 110.
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Ratn. p. 183; Col. Dig. III, 2, 19.
16. Ratn. p. 184; Col. Dig. III, 2, 20; Viram. p. 430.
17. Ratn. p. 184; Col. Dig. III, 2, 21; Viram. p. 429; Viv. p. 110.
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18, Whatever is done by those (heads of an association), whether harsh or kind towards other people, must be approved of by the king as well; for they are declared to be the appointed managers (of affairs),
19. Should they agree, actuated by hatred, on injuring a single member of the fellowship, the king must restrain them; and they shall be punished, if they persist in their conduct.
20. When a dispute arises between the chiefs and the societies, the king shall decide it, and shall bring them back to their duty.
21. Those (companions in trade) who conspire to cheat the king of the share due to him (of their profits), shall be compelled to pay eight times as much, and shall be punished if they take to flight.
22. Whatever is obtained then by a man, shall belong to all in common; whether it have been obtained a sixmonth or a month ago, it shall be divided in due proportion.
23. (Or) it shall be bestowed on the idiotic, the aged, the blind, to women or children, to afflicted or diseased persons, to persons having issue, or the like (worthy persons). This is an eternal law.
24. Whatever is obtained or preserved by the members of a fellowship, or spent on behalf of the
18. Ratn. p. 184; Col. Dig. III, 2, 22; Viram. p. 429.
19. Ratn. p. 184; Col. Dig. III, 2, 23; Viram. p. 429.
20. Ratn. p. 184; Col. Dig. III, 2, 24.
21. Ratn. p. 185; Col. Dig. III, 2, 27; Viv. p. r10.
22. Ratn. p.186; Col. Dig. III, 2, 30; Viv. p. 116. The commentators observe that gifts obtained from a king are meant.
23, 24. Ratn. pp. 186, 187; Col. Dig. III, 2, 31; Viram. p. 432. For prakalpitam in 24, ‘what is spent,’ the last two works read rinamkritam, ‘what is borrowed.’
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society, or acquired through the king’s favour, is common to all (members of the society).
XVIII. Rescission oF PURCHASE AND SALE.
1. This set of rules concerning the law of agreements has been briefly stated ; disputes arising from purchase and sale shall be treated next. ' 2. Two sorts of property are distinguished, immovable and movable; when a purchase is concluded, the term ‘vendible property’ (pazya) is applied to both.
3. The purchaser shall examine a chattel himself and show it to others; when, after examining and approving it, he has accepted it, he is not at liberty to return it again.
4. The foolish man who sells an article, though acquainted with its blemish, shall have to pay twice its value (to the vendee), and (a fine of) the same amount (to the king).
5. What has been sold by one intoxicated or insane, or at a very low price, or under the impulse of fear, or by one not his own master, or by an idiot, shall be relinquished (by the purchaser, or it) may be recovered (from the purchaser) by forcible means.
6. Within that period, if a blemish should be
6. Within that period, if a blemish should be
XVIII, 1, 2. Ratn. p. 189; Col. Dig. III, 3, 1.
3. Viram. p. 433; Col. Dig. III, 3, 11; Ratn. p. 198; Viv. p- 117.
4. Viram. p. 441; Ratn. p. 192; Col. Dig. III, 3, 31; Viv. p. 114.
5. Viram. p. 441; Ratn. p. 193; Col. Dig. III, 3, 37. Thus, according to’ some commentators ; others construe the clause ‘at a very low price’ with each part of the sentence.
6. Viv. p. 116; Col. Dig. II], 3,14; May. p.131. ‘ Within that period,’ i.e. the period allowed for examination.
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discovered anywhere in the commodity purchased, it shall be returned to the vendor, and the purchaser shall recover the price.
XIX. Bounpary Disputes.
1. This rule regarding rescission of purchase and sale has been declared. Hear the laws concerning boundaries of villages, fields, houses, and so forth.
2. The determination of boundaries should be settled at the time of foundation, and it should be marked by visible and invisible signs, so as to dispel doubt.
3. Wells, tanks, pools, large trees, gardens, temples, mounds, channels, the course of a river, reeds, shrubs, or piles of stones:
4. By such visible signs as these a boundary line should always be caused to be marked; also, by other (marks) deposited underground which the earth is not likely to destroy.
6. After having placed these substances in vessels, one should deposit them underground at the extremities of the boundary. After that, one should take care to point them out to youths and infants.
7. These (youths and infants) should again show them to their own children, after having grown old;
XIX, 1. Ratn. p. 201.
2. Ratn. p. 202. ‘Invisible signs’ are substances deposited underground.
3, 4. Viv. p.120; Ratn. p. 203; Viram. p. 452.
5, 6. Ratn. p. 204; May. p.134; Viram. pp. 452, 453.
7. Ratn. p. 204.
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by knowledge thus passing from one generation to the other, doubts regarding boundaries may be obviated.
8. In disputes regarding a house or field, the decision belongs to the neighbours, as well as to the inhabitants of that town or village, or to members of the same society, and to the elders (of that district).
9. (Likewise, to) husbandmen, artizans, servants, cowherds, hunters, gleaners, diggers of roots, fishermen, kinsmen, mischief-makers, and robbers.
10. After having been adjured by imprecations befitting their station, they shall determine the boundary, and shall indicate the marks deposited underground, as evidence. Such is the law.
11. In default of witnesses and signs, even a single man, agreeable to both parties, may fix the boundary, wearing a red garland of flowers and a red cloak, putting earth on his head, adhering to truth, and.having kept a fast.
Such is the law.
11. In default of witnesses and signs, even a single man, agreeable to both parties, may fix the boundary, wearing a red garland of flowers and a red cloak, putting earth on his head, adhering to truth, and.having kept a fast.
12. Neighbours born in that district, though they be living abroad, are termed natives of the place ; they should be consulted in the decision of a suit.
13. What they should declare in a doubtful case, as honest men and impartial to both parties, shall be held decisive ; thus justice will not be violated.
14. Those are witnesses in a suit of this kind who know the title of acquisition, the size, the duration of the enjoyment, the name, and the characteristics of the land in question.
8, 9. Ratn. p. 209. 10. Ratn. p. 210; Viram. p. 457. 11. Viram. p. 458; Ratn. p. 211; Viv. p.122; May. p. 134. 12,13. Ratn. p. 213. 14. Viram. p. 453-
XIX, a1, BOUNDARY DISPUTES. 353
15. The same rule holds good in all suits concerning immovable property. If their statements do not agree, they shall be made to pay the highest fine.
16. Supposing a piece of land to have been taken from a village belonging to one man, and given to another man, either by a large river or by the king, what should be decided in that case ?
17. The land abandoned by a river or granted by the king belongs to him who receives it. Otherwise, there would be no acquisition through fate or the king among men.
18. Loss and gain and life among men depend on the act of fate and of the king; therefore, in all affairs, what is effected by them must not be rescinded.
19. When a river has been fixed as the boundary line between two villages, it shall never be removed, on account of loss or gain arising (from that river to either village). He who removes it, is liable to punishment.
20. The encroachment (of a river) on one side produces an increase of land elsewhere in banks of rivers; that (increase) must not be taken from him (who gets it).
21. When land is carried away by the swift course
15. Viram. p. 4573 Smritif.
16-23. Ratn. pp. 216, 217; Viv. pp. 123,124; Viram. pp. 461, 462. The second half of 1g is read as follows in the Viramitrodaya, ‘(The river) effects gain or loss, according as people are lucky or unlucky.’ This reading may have crept in from 16. For taulya, I read A4ly4, with Viram.
21. Such a tilled piece of land shall be made over to the previous owner till the harvest is over. When the harvest is over, the previous rule (20) holds good. Viram.
(33] Aap. 22 of a river overflowing a tilled piece of ground, the previous owner shall recover it.
22. When land is taken from one man by a king actuated by anger or avarice, or using a fraudulent pretext, and bestowed on a different person as a mark of his favour, such a gift is not considered as valid.
of a river overflowing a tilled piece of ground, the previous owner shall recover it.
22. When land is taken from one man by a king actuated by anger or avarice, or using a fraudulent pretext, and bestowed on a different person as a mark of his favour, such a gift is not considered as valid.
23. When (however) land is taken from a person enjoying it without a legitimate title of ownership, and given to a worthier person, (the latter) must not be deprived of it.
24. A house, pool, shop or the like having been used by a man since the time of its foundation, must not be taken from him, nor diminished or altered.
25. A window, a watercourse, a peg projecting from a wall (used to hang things upon), a shed (erected in a courtyard), a square of four buildings, and a channel for the exit of water (after a rainfall), must not be blocked up, when previously constructed.
26. A privy, a fireplace, a pit, or a receptacle for leavings of food and other (rubbish), must never be made very close to the house of another man.
27. A passage by which men and animals go to and fro unprevented is called Samsaraza, and must not be obstructed by any one.
28. He who purposely crowds such a place (by carts and the like), or makes a pit, or plants trees, or voids excrements, shall pay a Mashaka as a fine.
23. I read vai datta, with Viram., for vadeya or vadatta (Ratn., Viv.).
24. Viv. p.124; Viram. p. 463; Ratn. p. 219.
25. Viv. p.124; Viram. p. 465; Ratn. p. 219.
26. Viv. p.125; Viram. p. 464; Ratn. p. 219; May. p. 135.
27. May. p. 136; Viv. p.125; Ratn. p. 220; Viram. p. 464.
28. Viram. p. 465; May. p. 136.
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29. When a man has leased ground, he shall sow and watch it, and reap the harvest in due season. If he fails to do so, he shall be compelled to make good the average value of the crop to the owner.
XX. DEFAMATION.
1. Injury (parushya) is declared to be of two kinds, harsh speeches and beating; each of these two kinds is again divided into three species, and the punishment is pronounced to be threefold.
2. Abuse of the first (or lowest) degree means. offensive language against, or defamation of, a country, village, family, or the like, without (mentioning) an (individual ignominious) act.
3. Referring (in terms of contempt) to a man’s sister or mother, or charging him with a minor sin, is termed abuse of a middling sort by the learned in law.
4. Charging a man with taking forbidden food or drinks, or taxing him with a mortal sin, or maliciously exposing his weakest points, is termed abuse of the highest degree.
5. When two persons abuse each other, their punishment shall be equal, if they are equals in caste ; if one is inferior to the other, his punishment shall be double ; for a superior, half (of the ordinary punishment) is ordained.
2g. Viv. p.129; Ratn. p. 229.
XX, 1. Ratn. p. 243; Viv. p. 138. The former work reads ‘two species.’
2g. Viv. p.129; Ratn. p. 229.
XX, 1. Ratn. p. 243; Viv. p. 138. The former work reads ‘two species.’
2-4. Ratn. pp. 243, 244; Viv. p.138; May. p.137; Viram. p. 483. ‘Terms of contempt’ in 3 means filthy speeches, such as ‘I shall visit your sister or mother.’
5. Ratn. p. 245; Viram. p. 484.
Aa2
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6. When persons equal in caste and qualities abuse one another, the punishment ordained for them in the system of law is thirteen Pazas and a half.
7. For a Brahman abusing a Kshatriya, the fine shall be half of a hundred (fifty Pazas) ; for abusing a Vaisya, half of fifty (twenty-five Pawas); for abusing a Sddra, twelve and a half.
8. This punishment has been declared for (abusing) a virtuous Sddra who has committed no wrong ; no offence is imputable to a Brahman for abusing (a Sddra) devoid of virtue.
g. A Vaisya shall be fined a hundred (Pazas) for reviling a Kshatriya; a Kshatriya reviling a Vaisya shall have to pay half of that amount as a fine.
to. In the case of a Kshatriya reviling a Sddra, the: fine shall be twenty Pawas; in the case of a Vaisya, the double amount is declared to be the proper fine by persons learned in law.
11, A Sfdra shall be compelled to pay the first fine for abusing a Vaisya; the middling fine (for abusing) a Kshatriya; and the highest fine (for abusing) a Brahman.
12. (A Sddra) teaching the precepts of religion, or uttering the words of the Veda, or insulting a Brahman, shall be punished by cutting out his tongue.
13. (A man) reviling a sister or other (relation) of
6. Ratn. p. 247; Viram. p. 483.
y-11. Ratn. pp. 251, 252; Viram. p. 485.
4. May. p, 138.
12. May. p.138; Viram. p. 486; Viv. p.141; Ratn. p. 252.
13. Ratn. p. 250; Viram. p. 485. The latter work reads vipradikam, ‘a Brahman or other person,’ for svasradikam, ‘a sister or other relative.’
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another person shall give a fine amounting to fifty Pamas.
‘14. He who reviles a person’s native country or other (belongings of his), shall be fined twelve Pazas and a half. He who through arrogance imputes an offence t8 him, shall be compelled to pay the first fine.
15. This gradation of fines has been declared by me, subject to modification by the sages, in conformity with the (particular caste or qualities of a) man, so as either to remain as declared, or to be reduced or raised.
X XI. AssavuLt.
1. Injuring (a man) with a hand, stone, club, or (throwing at him) ashes, or mud, or dust, or (attacking him with) a weapon, is termed assault. .
2. Throwing ashes or the like (at a man), or striking him with a hand or the like, is (termed) an assault of the first degree ; the fine to be inflicted in that case shall amount to a Masha.
3. This fine is ordained for (an assault on) equals in caste; (for assaults) on another man’s wife or on a superior, it shall be twofold or threefold, according to the sages, according to the rank (of the person injured).
3. This fine is ordained for (an assault on) equals in caste; (for assaults) on another man’s wife or on a superior, it shall be twofold or threefold, according to the sages, according to the rank (of the person injured).
4. He who having been abused returns the abuse, or having been beaten returns the blow, or strikes an offender down, commits no wrong.
14,16. Viram. p. 488; Ratn. p. 257.
XXI, 1. Ratn. p. 259.
2, 3. Ratn. p. 261; Viv. p. 144.
4. May. p. 139; Viram. p. 472; Viv. p. 153; Ratn. p. 276.
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5. When a person throws gravel, stones, or pieces of wood at another, the first (or lowest) fine shall be inflicted on him. When they mutually strike one another with a hand or foot, it shall amount to ten or twenty Pazas respectively.
6. The second fine shall be imposed when two persons in anger use weapons against one another ; when a wound has been inflicted, the punishment shall be fixed by experts, corresponding to the severity of the hurt.
7. For injuring (a person) with bricks, stones, or a wooden club, (the fine shall be) two MAshas; the double fine shall be inflicted, according to the sages, when blood flows.
8. For tearing the skin, the first (or lowest) fine (shall be inflicted) ; for tearing the flesh, the second fine; for breaking a bone, the highest fine; for killing, capital punishment.
9. For breaking the ear, nose, or hand (of a person), or injuring his teeth, or feet, the second fine shall be inflicted; and double of that, for entirely cutting off (any of those limbs).
10. He who injures a limb, or divides it, or cuts it off, shall be compelled to pay the expense of curing it; and (he who forcibly took an article in a quarrel, shall restore) his plunder.
11. When a man has been beaten in a solitary place, or when no wound is seen, the offender shall
5. Ratn. p. 263; Viv. p. 145; Viram. p. 473. 6, 7. Viram. p. 474; Viv. p.147; Ratn. p. 264. 8,9. Viv. p. 148.
10. Viv. p. 153; Ratn. p. 270; Viram. p. 477. 11, 12. Ratn. p. 273.
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be found out by circumstantial evidence or by an oath or ordeal.
12. When he has been struck in the interior of a house, or in a wood, or at night, and blood becomes visible, one shall not examine witnesses.
13. When two persons strike simultaneously, the punishment shall be equal for both; the first aggressor and he who is a habitual mischief-maker shall be compelled to pay a larger fine.
14. When a low person offends a man in high position by harsh words or the like, that man must not be persecuted by the king if he beats his aggressor.
15. Persons begotten in the inverse order of castes, and members of the lowest caste, are called the refuse of society; should they insult a Brahman, they shall be corporally punished, and shall never be
“amerced in a fine.
15. Persons begotten in the inverse order of castes, and members of the lowest caste, are called the refuse of society; should they insult a Brahman, they shall be corporally punished, and shall never be
“amerced in a fine.
16. He who employs at an improper time, for drawing or carrying, tired, or hungry, or thirsty animals, shall be compelled to atone for it in the same way as a cow-killer, or to pay the first fine.
XXII. Ropsery AND VIOLENCE.
1. Homicide, theft, assault on another man’s wife, and the two kinds of injury (abuse and assault) are the four species of violence (Sahasa).
2. Thieves are declared to be of two kinds, open and concealed. These are subdivided a thousand-
13. Ratn. p. 275. 14. Ratn. p. 276.
15. Ratn. p. 277. 16. Ratn. p. 280. XXII, 1. May. p. 145.
2-4. Ratn. p. 289; Viram. p. 491.
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fold, according to their skill, ability, and mode of cheating.
3. (Fraudulent) traders, quacks, gamblers, (corruptible) judges, those who accept bribes, cheats, persons (pretending) to know how to interpret evil omens, or to practise propitiatory rites, low artists, forgers,
4. (Hired servants) refusing to do their work, {roguish) umpires, perjured witnesses, and, lastly, jugglers: these are termed open thieves,
5. Housebreakers, highwaymen, robbers of bipeds or quadrupeds, thieves of clothes and the like, and stealers of grain, should be considered secret thieves.
6. (Thieves or robbers) having been found out by the king’s attendants by their associating (with thieves) or by marks of their criminality, or by their being possessed of stolen goods, shall be compelled to restore their plunder, and shall be visited with punishments ordained in law.
7. A merchant who conceals the blemish of an article which he is selling, or mixes bad and good articles together, or sells (old articles) after repairing them, shall be compelled to give the double quantity (to the purchaser) and to pay a fine equal (in amount) to the value of the article.
8. A physician who, though unacquainted with drugs and spells, or ignorant of the nature of a disease, yet takes money from the sick, shall be punished like a thief.
9. Gamblers playing with false dice, prostitutes,
5. Ratn. p. 292. 6. Viv. p.157; Ratn. p. 293.
4-15. Ratn. pp. 297, 306-311, 314; May. p. 142; Viram. p. 492; Viv. pp.159-165. The readings of the Ratnfkara have been followed throughout, in preference to those found in the other works.
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those who appropriate what belongs to the king, and those who cheat an association, are pronounced to be impostors, and punishable as such.
10, Judges passing an unjust sentence, those who live by taking bribes, and those who disappoint . confidence (placed in them): all such persons shall be banished.
11. Those who, without knowing the science of stars, or portents, expound them to the people from avarice, shall be punished by all means.
confidence (placed in them): all such persons shall be banished.
11. Those who, without knowing the science of stars, or portents, expound them to the people from avarice, shall be punished by all means.
12. Those who show themselves in public wearing a staff, a skin, and the like (insignia of a religious order), and injure mankind by deceiving them, shall be corporally punished by the king’s officers.
13. Those who by artificially getting up articles of small value cause them to appear very valuable, and deceive women or children (by doing so), shall be punished in proportion to their gain.
14. Those who make false gold or factitious gems or coral shall be compelled to restore their price to the purchaser, and to pay the double amount to the king as a fine.
15. Arbitrators who cheat either party from partiality, avarice or some other motive, and witnesses who give false evidence, shall be compelled to pay twice the amount (in dispute) as a fine.
16. Those who procure gain by means of spells or medicines (shall be compelled to give up) their gain; those who practise incantations with roots shall be banished by the ruler of the land.
17. Housebreakers shall be compelled to relinquish their plunder and be impaled on a stake afterto. Ratn. p. 315. 17. Ratn. p. 317; May. p. 143; Viram. p. 494; Viv. p. 166.
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wards, and highwaymen shall be bound and hanged by the neck from a tree.
18. Those who have kidnapped a man shall be burned by the king with a fire kept up with straw; the stealer of a woman (shall be placed) on a bed of hot iron, or burned with a fire kept up with straw.
19. Stealers of grain shall be compelled to give ten times as much (to the owner), and the double amount as a fine; a cow-stealer shall have his nose cut off, and shall be plunged into water, after having been fettered.
20. When a man takes grass, wood, flowers, or fruit without asking permission to do so, he deserves to have a hand cut off.
21. On him who steals more than ten kumbhas of grain, corporal punishment (or execution) shall be inflicted ; (for stealing) less than that, a man shall be fined eleven times the quantity stolen, and shall restore his property to the owner.
22, When a religious man and diligent reader of the Veda has committed theft, he shall be kept in prison for a long time, and shall be caused to perform a penance after having been compelled to restore the stolen goods to the owner.
23. Hear now (the law regarding) theft coupled with violence, which springs from either wrath or avarice. ‘
18. Ratn. p. 317; Viv. p. 166.
1g. Ratn. p. 322; Viram. p. 494; May. p. 143.
20. Ratn. p. 329; Viv. p. 174. 21. Viv. p. 169.
22. Ratn. p. 331; Viv. p. 176. Under the version found in the latter work, the punishment does not take place when the Brahman performs a penance.
23. Viram. p. 503.
p. 363
Ratn. p. 322; Viram. p. 494; May. p. 143.
20. Ratn. p. 329; Viv. p. 174. 21. Viv. p. 169.
22. Ratn. p. 331; Viv. p. 176. Under the version found in the latter work, the punishment does not take place when the Brahman performs a penance.
23. Viram. p. 503.
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24. It is declared to be threefold, as it may be (theft or violence) of the lowest, second, or highest kind ; the punishment in each case should also be of . the lowest, middling, or highest sort, according to the (nature of the) article (stolen or injured).
25. He who destroys or takes implements of husbandry, an embankment, flowers, roots, or fruit, shall be fined a hundred (Pazas) or more, according (to the nature of his offence).
26. So one injuring or stealing cattle, clothes, food, drinks, or household utensils, shall be compelled to pay a fine of not less than two hundred (Pazas), like a thief.
27. In the case of women, men, gold, gems, the property of a deity or Brahman, silk, and (other) precious things, the fine shall be equal to the value (of the article stolen).
28. Or the double amount shall be inflicted by the king as a fine; or the thief shall be executed, to prevent a repetition (of the offence).
29. Violence is declared to be of five sorts, and of these, manslaughter is declared to be the worst; those who have perpetrated it, shall not be amerced in a fine, they shall be put to death by all means.
30. Both notorious murderers and secret assassins shall be put to death by the king by various modes of execution, after their property has been duly seized.
31. When several persons in a passion beat a single individual (and kill him), the responsibility
24-28. Ratn. p. 350; May. p. 147. 29, 30. Ratn. p. 371; Viv. p. 192. 30. May. p.145; Viram. p. sor. 31-33. Ratn. p. 373; Viv. p. 194.
p. 32
for his death shall be charged to him who strikes the fatal blow.
32. He who struck the fatal blow shall have to atone for his offence as directed ; the first aggressor and the associates shall be punished half as much.
33. The decision should be given after carefully ascertaining by signs the less or greater severity of a wound, the seat of vital power, the strength (of the murdered individual), and the repetition (of the blows or cuts).
34. Where the corpse is found, but the murderer cannot be discovered, the king shall trace him by drawing an inference from previous enmities of his.
35- His immediate neighbours, and their neighours, as well as his friends, enemies, and relatives, shall be questioned by the king’s officers, employing towards them the (four) expedients of conciliation and so forth.
36. The (guilty) person may be found out from his keeping bad company, from signs (of the crime committed), and from the possession of stolen property. Thus has been declared the method of discovering murderers and robbers.
36. The (guilty) person may be found out from his keeping bad company, from signs (of the crime committed), and from the possession of stolen property. Thus has been declared the method of discovering murderers and robbers.
37. He who has been arrested on suspicion and does not confess his guilt, shall clear himself (from suspicion) by ordeal; this rule holds good for causes of every sort.
38. He who has been cleared of guilt by ordeal shall be released; he who has been convicted shall be put to death. By punishment (of the wicked)
34-36. Ratn. p. 377; Viv. p.197 (the better version). 35- The three other expedients are, bribery, intimidation, and violence.
37, 38. Ratn. pp. 377, 378; Viv. p. 198.
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and release (of the virtuous), the renown and religious merit of a king is increased.
XXIII. Apvuutery.
1. The two kinds of injury (abuse and assault) and the three kinds of violence have been declared. Learn the threefold (offence of) adultery, which is productive of sin,
2. The two first kinds of it are connected with violence and deception respectively, the third kind springs from sensual desire ; the last is again of three sorts, being of the first, second, or highest degree.
3. When a man has intercourse with a woman in secret against her will, when she is asleep, or disordered in her intellect, or does not notice his approach, it is (termed) forcible enjoyment of a woman.
4. When he conducts her into his house under false pretences, and after giving her intoxicating drugs, has intercourse with her, it is considered fraudulent enjoyment of a woman.
5. When a man exchanges looks with a woman or sends her messages, and has intercourse with her impelled by sensuality, it has to be considered as (adulterous intercourse) springing from sensual desire.
6. Winking (at a woman), smiling (at her), sending her messengers, and touching her ornaments or clothes, is termed an adulterous act of the first (or lowest) degree.
7. Sending perfumes, garlands, fruit, spirituous liquor, food, or clothes, and conversing with her in
XXIII, 1-5. Viram. pp. 504, 505; Ratn. pp. 378, 379. 6-8. Viram. p. 505; Ratn. pp. 379, 380; Viv. p. 200.
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secret, is considered an adulterous act of the second degree.
8. Sitting on the same bed, dallying, and kissing or embracing each other, is defined as an adulterous act of the highest degree by persons acquainted with law. .
9. For these three gradations of adultery, the first, middling, and highest fines shall be inflicted respectively; the fine shall be even higher than that, in the case of a very rich man.
10. (The king) shall confiscate the whole wealth of him who violates an unwilling woman, and having caused his penis and scrotum to be cut off, shall cause him to be paraded on an ass.
10. (The king) shall confiscate the whole wealth of him who violates an unwilling woman, and having caused his penis and scrotum to be cut off, shall cause him to be paraded on an ass.
11. When a man enjoys a woman by fraud, his punishment shall be confiscation of his entire wealth, and he shall afterwards be branded with the mark of a female part and banished from the town.
12. The highest fine (shall be inflicted for connexion) with a woman of equal caste; half of that (for connexion) with a woman of inferior caste; but a man who has connexion with a woman of higher caste than his own, shall be put to death.
13. When a woman has been enjoyed against her g. Ratn. p. 384; Viram. p. 506; Viv. p. 202; May. p. 149. The May(ikha as printed reads this text differently, but one MS. of it “agrees with the other compilations.
10. Ratn. p. 388; Viv. p. 212; May. p. 148.
11,12. Ratn. p. 389; Viv. p. 213; May. p.149. The reading of the Mayfkha seems to be wrong. This rule (12) is declared to apply to those cases where force or deception has not been used. Ratn., Viv.
11. Viram. p. 506.
13,14. Ratn.p. 400. For the Krikshra (Pragdpatya) and Paraka penances, see Manu XI, 212, 216.
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will, she shall be kept in the house well guarded, smeared (with ashes), lying on a low couch, and receiving a bare maintenance only.
14. To atone for her sin, she shall be caused to perform the Kvzéé&Ara or Pardka penance, in case she had intercourse with her equal in caste; but if she has been enjoyed by a man of inferior caste, she shall be abandoned and put to death.
15. When a woman comes to a man’s house and excites his concupiscence by touching him or the like acts, she shall be punished ; half of her punishment shall be inflicted on the man.
16. Her nose, lips, and ears having been cut off, she shall be paraded in the streets and plunged into water; or she shall be torn to pieces by dogs ina public place frequented by many persons.
XXIV. Duties or Man anp WIFE.
1. The whole set of commandments concerning adultery has thus been stated; listen to me proclaiming the conduct prescribed for man and wife.
2. A woman must be restrained from slight transgressions even by her relations; by night and by day she must be watched by her mother-in-law and other wives belonging to the family.
3. A father who does not give his daughter in
15. Viram. p. 513; Viv. p. 217.
16. Viv. p. 217.
XXIV, 1. Ratn. p. 409; Col. Dig. IV, 1, 1.
2. Ratn. p. 411; Col. Dig. IV, 1, 12.
3. Ratn. p. 412; Col. Dig. IV, 1, 15; Viv. p. 220. Regarding the time favourable for procreation, see Manu III, 46.
p. 4
marriage in proper time (before she has reached maturity), a husband who has not connexion with his wife at the time favourable for procreation, and _a son who does not support his mother: all such deserve contempt and shall be punished as ordained in law.
p. 4
marriage in proper time (before she has reached maturity), a husband who has not connexion with his wife at the time favourable for procreation, and _a son who does not support his mother: all such deserve contempt and shall be punished as ordained in law.
4. Employing (a woman) in the receipt and expenditure (of wealth), in the preparation of food, in ’ the preservation of domestic utensils, in purification, and in the care of the (sacred household) fire, is declared to be the (best) way of guarding women.
5. Let not a woman reside in another man’s house, separated from her father, husband, or sons; by (giving way to) malicious propensities, particularly, she is sure to lose her reputation.
6. Rising before (the others), paying reverence to the elders of the family, preparing food and condiments, and using a low seat and bed: thus have the duties of women been declared.
7. Drinking (spirituous liquor), rambling abroad, sleeping by day, and neglect of her daily duties, are faults disgracing a woman.
8. That wife is declared to be devoted to her husband who is afflicted when he is afflicted, pleased when he is happy, squalid and languid when he is absent, and who dies when he dies.
g. While her husband is absent, a woman must avoid decorating herself, as well as dancing, singing,
. Ratn. p. 416; Col. Dig. IV, 1, 31; Viram. p. 419. . Ratn. p. 427.
. Ratn. p. 428; Col. Dig. IV, 2, go.
. Ratn. p. 431; Col. Dig. IV, 2, 100.
. Ratn. p. 436; Col. Dig. IV, 2, 107. See rr.
. Ratn. p. 439; Col, Dig. IV, 2, 118.
Oo ONT an »
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looking on at public spectacles or festivals, and using meat or intoxicating drinks.
10. A wife practising religious austerities, fasting and preserving her chastity, self-controlled and liberal always, goes to heaven even though she have no son.
11. A wife is considered half the body (of her husband), equally sharing the result of his good or wicked deeds; whether she ascends the pile after him, or chooses to survive him leading a virtuous life, she promotes the welfare of her husband.
12. The Niyoga (appointment of a widow to raise offspring to her deceased lord) has been declared by Manu, and again prohibited by the same; on account of the successive deterioration of the (four) ages of the world, it must not be practised by mortals (in the present age) according to law.
13. In the ages Krzta, Tret4é, and Dv4para, men were imbued with devotion and sacred knowledge ; in the (present or) Kali age, a decrease of its power has been ordained for the human race.
14. The various sons who were appointed by ancient sages cannot be adopted now by men of the present age, as they are destitute of power.
XXV. Tue Law or INHERITANCE.
1. After the death of both parents, division of the property among brothers has been ordained (to take ro. Ratn. p. 4433 Col. Dig. IV, 3, 138.
XXV. Tue Law or INHERITANCE.
1. After the death of both parents, division of the property among brothers has been ordained (to take ro. Ratn. p. 4433 Col. Dig. IV, 3, 138.
11. Ratn. p. 442; Col. Dig. IV, 3,132. It appears from these texts that Brrhaspati advocates the custom of Sattf (self-immolation of the widow) as an optional rite only, in common with Vishnu and other Indian legislators and jurists.
12-14. Ratn. pp. 449, 450; Col. Dig. V, 4, 279 and IV, 4, 157. See Manu I, 81-86; IX, 56-70.
XXV, 1. Col. Dig. V, 2, 99,115; D. II, 1; May. p. 39; V. p. 46;
(33] Bbp. 2 place). It may take place even in their lifetime, if the mother be past child-bearing.
2. Houses and landed property inherited from an ancestor shall be shared equally by the father and sons; but the sons cannot claim a share of their father’s own property without the consent of the father.
3. Of property acquired by the grandfather, whether immovable or movable, father and son are declared to be entitled to equal shares.
‘4. Those (sons) for whom their shares have been arranged by the father, whether equal, less, or greater, must be compelled to abide by such arrangement. Otherwise (if they try to alter the arrangement), they shall be punished.
5. When a partition is made during (the father’s) life, the father shall reserve a couple of shares for himself.
6. The worship of the Manes, gods, and Brahmans by those residing (together) and cooking their food (in one house) is single. But when they divide the
Ratn. p. 462. The author of the Dayabhéga and other writers of the Bengal school hold that this rule applies to ancestral wealth only, and that, moreover, the consent of the father is required in every division of his property during his lifetime. In the other schools of law, this text is given its plain meaning.
2. Col. Dig. V, 2, 94 (‘Vyasa’); May. p. 39. The Mayfikha deduces from this text the doctrine, generally held by the followers of the Mitaksharé, that partition of property inherited from a grandfather or more remote ancestor may be instituted by sons even against their father’s wish.
3. Col. Dig. V, 2, 93; D. II, 30; V. p. 66; May. p. 43.
4. Col. Dig. V, 1, 31; D. II, 75; V. p. 56; Ratn. p. 468.
5. Col. Dig. V, 2,97; D. II, 46; Ratn. p. 465.
6. V. pp. 53, 257; Ratn. p. 459; Viv. p. 227; Col. Dig. V, 6,
388. a -
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property, (the worship) takes place separately in each house. .
7. Partition among coparceners is declared to be of two kinds; one is with attention to priority of birth, the other consists of the allotment of equal shares.
8. All sons of the twice-born, begotten on women equal in caste (to their husbands), shall take equal shares, after giving a preferential share to the eldest.
8. All sons of the twice-born, begotten on women equal in caste (to their husbands), shall take equal shares, after giving a preferential share to the eldest.
9. He who is the first by birth, sacred knowledge, or good qualities, shall take a couple of shares out of the partible wealth, and the rest shall take equal shares; but he stands to them in the relation of a father, as it were.
10. When they divide their father’s heritage, all the sons shall share alike ; but he who is distinguished by sacred knowledge and virtue, shall obtain a greater share (than the rest).
11, They are parents in the true sense of the term who have a son whose fame is spread in the world for sacred knowledge, cleverness, valour, wealth, and for knowledge, liberality, and pious acts.
12. In property belonging to the grandfather which had been taken away and has been (afterwards) recovered by the father through his own
7. Col. Dig. V, 1, 30; D. II, 80.
8. Col. Dig. V,1, 53; D. II, 42.
g. Col. Dig. V, 1, 45; D. I, 42; V. p. 67; Viv. p. 235.
10. Col. Dig. V, 1, 67; V, 3, 116.
11. Col. Dig. V, 3,116; Ratn. p. 484.
12, 13. Col. Dig. V, 2, 90; D. VI, 2, 34; V. p.126; May. p. 40; Ratn. p. 461. Some compilations read bhagam, ‘ withhold it from partition,’ for bhogam, ‘consume it.’
Bb2
p. 13
ability, as well as in property acquired by sacred knowledge, valour in arms, &c., the father’s ownership has been declared.
13. He may make a gift out of that property, or even consume it, at his will. But in his default, his sons are pronounced to be equal sharers.
14. Whatever has been acquired by all together, in that property they all have equal shares. Their sons, whether unequal or equal (in number), are declared (to be) heirs of the shares of their (respective) fathers.
15. When there are many sons sprung from one father, equal in caste and number, but born of different mothers, a legal division (of the property) may be effected by adjusting the shares according to the mothers.
16. (When there are several brothers) equal in caste, but varying in number (of sons begotten with each wife), a division according to males is ordained.
17. When step-brothers born of different mothers or uterine brothers have come to a division with their father, afterborn brothers shall take their father’s share.
18. A son born before (partition) has no claim to the paternal wealth ; nor (can) a brother's wealth (be claimed by) one born after partition.
19. Whatever has been acquired, with his own
14. Ratn. p. 481; Apararka.
15- Col. Dig. V, 1,62; D. III, 1,12; May. p. 46; V. p. 76; Ratn. p. 975.
16. Col. Dig. V, 1, 63; May. p. 46; V. p. 76.
17, 18. Col. Dig. V, 2, 100; D. VII, 5; V. p. 93; Ratn. p. 538.
18. M.I, 6, 4; V. p. 21g.
19. M. I, 6, 6; Col. Dig. V, 7, 392.
p. 373
15- Col. Dig. V, 1,62; D. III, 1,12; May. p. 46; V. p. 76; Ratn. p. 975.
16. Col. Dig. V, 1, 63; May. p. 46; V. p. 76.
17, 18. Col. Dig. V, 2, 100; D. VII, 5; V. p. 93; Ratn. p. 538.
18. M.I, 6, 4; V. p. 21g.
19. M. I, 6, 6; Col. Dig. V, 7, 392.
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effort, by a father who has come to a partition with his sons, all that belongs to the son born after partition. Those born before it are declared to have no right.
20. In regard to the property as well as regards debts, gifts, pledges, and purchases, they are independent of each other, excepting impurity (caused by a death) and offerings consisting of water libations.
21. Should there be younger brothers, whose initiation has not been performed, they must be initiated by the other brothers (the expense being defrayed) out of the family property (inherited) from the father.
22. Whether partition has or has not been made, whenever an heir comes forward, he shall receive a share of such wealth as he can prove to be the joint property (of the family).
23. Whether it be a debt, or a document, or house, or field, which has been inherited from the paternal grandfather, he shall take his proper share of it, when he returns after a protracted absence even.
24. When a man has gone abroad, leaving the joint estate of his family, his share must undoubtedly be given to his descendant who has returned from abroad.
25. Whether he be the third or the fifth or even the seventh in descent, he shall receive the share belonging to him by right of succession, his
19,20. Ratn. p.539; May. p. 47; D.VII, 6; V. pp. 93, 219. 21. Col. Dig. V, 3,132; May. p. 48; V. p. 86; Viv. p. 277. 22-26. Col. Dig. V, 7, 394; D. VIII, 1-3; Ratn. p. 540. 24-26. Viv. p. 241.
25. May. p. 46.
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birth and family name having been ascertained (first).
26. He whom indigenous inhabitants and neighbours know to be the (legal) owner, to the descendants of that man must the land be surrendered by his kinsmen, when they make their appearance.
27. Let Brahmans, Kshatriyas, Vaisyas, and Sddras, begotten in order by a Brahman, take four, three, two shares, and one share, in succession.
28. Let those begotten by a Kshatriya (take) three shares, two shares, and one share (respectively). Let those begotten by a Vaisya take two shares and one share.
29. The son by a Kshatriya wife, if elder by birth and endowed with superior qualities, shall take an equal share with the Brahman (son) ; and so shall a son by a Vaisya wife (share equally) with a Kshatriya son.
30. Land obtained by acceptance of a gift must never be given to the son of a Kshatriya woman or other (wife inferior in caste to her husband). Though their father may have given it to them, the son by a Brahman wife shall take it after the death (of the father).
30. Land obtained by acceptance of a gift must never be given to the son of a Kshatriya woman or other (wife inferior in caste to her husband). Though their father may have given it to them, the son by a Brahman wife shall take it after the death (of the father).
31. An obedient and excellent son of a man having no other male issue, shall receive a maintenance (though he be born) of a Saddra woman ; let the Sapizdas take the remainder.
24. Uggvala, p. 79; Varadaraga, p. 19.
28. Varadaraga, p. 19.
2g. Col. Dig. V, 3, 156; D. IX, 15; V. p. 98.
30. Col. Dig. V, 3,161; D. IX,19; M. I, 4, 36, I, 8, 8; May. p. 46; V. p. 99; Viv. p. 272.
31. Col. Dig. V, 3, 168; D. IX, 28; Viv. p. 274; May. p. 47.
\
p. 375
32. A son begotten with a Sfidra woman by a twice-born man is not entitled to a share of the landed property; one begotten with a woman of equal caste shall take all- Thus has the law been settled.
33. Of the thirteen sons mentioned in succession by Manu, the legitimate son of the body (Aurasa) and the appointed daughter (Putrik4) continue the family.
34. As in default of ghee, oil is admitted by the virtuous as a substitute (at sacrifices), so are the eleven sons (admitted as substitutes), in default of a legitimate son of the body and of an appointed daughter.
35. No one but a legitimate son of the body is declared to be heir of his father’s wealth. An appointed daughter is said to be equal to him. All the others are stated to have a claim to maintenance (only).
36. Because a son (Putra) saves his father from the hell called Put by the very sight of his face, therefore should a man be anxious to beget a son. - 37. Both a son’s son and the son of an appointed daughter cause a man to attain heaven. Both are pronounced to be equal as regards their right of inheritance and the duty of offering funeral balls of meal (Pizdas).
32. Col. Dig. V, 3,164; V.p.99; Ratn. p.534. The Ratnakara after this text inserts two other texts on the right of a Nishada son, which are elsewhere attributed to Devala.
38. Gautama has declared that a daughter is appointed after performing a sacrifice to Agni and Pragapati; others have said that she is an appointed daughter (Putrik4) who was merely supposed to be one (before her birth) by a man having no male issue.
39. The other sons, beginning with the son begotten on a wife (Kshetraga), shall (respectively) take a fifth, a sixth, and a seventh part.
40. The son given, the son cast off, the son bought, the son made (or adopted), the son by a Sidra wife: these, when pure by caste and irreproachable as to their conduct, are considered sons of middle rank.
40. The son given, the son cast off, the son bought, the son made (or adopted), the son by a Sidra wife: these, when pure by caste and irreproachable as to their conduct, are considered sons of middle rank.
41. The son begotten on a wife (Kshetraga) is despised by the virtuous; and so are the son begotten on a woman twice married, the son of an unmarried damsel, the son received with the wife, and the son secretly born.
42. Though born of a wife of the same caste, a son destitute of good qualities is unworthy to obtain the paternal wealth; it shall go to those learned (kinsmen) who offer the funeral ball of meal (Pisda) for the father.
43. A son redeems his father from the highest
38. Col. Dig. V, 4, 225; Ratn. p. 562. See Gautama XXVIII, 18.
39. Col. Dig. V, 4, 246; Ratn. p. 545; V. p.125. The Viramitrodaya reads samabhaginak for sapta bhaginah, ‘The other five or six sons beginning with the wife’s son are equal sharers.’ Regarding the wife’s son (Kshetraga), see Manu IX, 167; Brzhaspati XXIV, 12-14.
40, 41. Col. Dig. V, 4, 202; V. p.128; Ratn. p. 552.
and lowest debts; consequently there is no use of him who acts otherwise.
44. What can be done with a cow which neither gives milk nor is (ever) pregnant? What is the good of a son being born who is neither learned nor virtuous ?
45. A son who is destitute of learning, valour, and wealth, void of devotion and insight, and unobservant of good custom, such a son is declared to be no better than urine and fzeces.
46. In the revealed texts (of the Veda), in the traditional law (of the Smr“tis), and in popular usage, the wife is declared to be half the body (of her husband), equally sharing the outcome of good and evil acts.
47. Of him whose wife is not dead, half his body survives. How should any one else take the property, while half (his) body lives ?
48. Although kinsmen (Sakulyas), although his father and mother, although uterine brothers be living, the wife of him who dies without leaving male issue shall succeed to his share.
49. A wife deceased before (her husband) takes away his consecrated fire (Agnihotra); but if the husband dies before the wife, she takes his property, if she has been faithful to him. This is an eternal law.
50. After having received all the movable and immovable property, the gold, base metals and grain, liquids and wearing apparel, she shall cause
46. See XXIV, 11.
46-52. Col. Dig. V, 8, 399; V. 8, 416; D. XI, 1,2; Ratn. p. 589. 46-49. V. pp. 141, 142. 47. M. II, 1, 6.
48-52. Viv. pp. 289, 290.
p. 51
his monthly, sixmonthly, and annual Sraddhas to be performed. ;
51. Let her propitiate with funeral oblations and pious liberality her husband’s paternal uncles, Gurus, daughter's sons, sister's sons, and maternal uncles ; also aged or helpless persons, guests, and women (belonging to the family).
;
51. Let her propitiate with funeral oblations and pious liberality her husband’s paternal uncles, Gurus, daughter's sons, sister's sons, and maternal uncles ; also aged or helpless persons, guests, and women (belonging to the family).
52. Should agnates (Sapindas) or cognates (Bandhavas) or enemies injure the property, let the king inflict on them the punishment destined for a thief.
53. The husband being separated (in interests from his former coparceners), his wife shall take after his death a pledge and whatever else is recognised as property, excepting the immovable wealth.
54. A wife, though preserving her character and though partition have been made, is unworthy to obtain immovable property. Food or a portion of the arable land shall be given to her at will (for her support).
55. The wife is declared to succeed to her husband’s property, and in her default, the daughter.
56. A daughter, like a son, springs from each member of a man; how then should any other mortal inherit the father’s property while she lives?
57. Equal in caste (to her father) and married to a man of the same caste as her own, virtuous, habitually submissive, she shall inherit her father’s property, whether she may have been (expressly) appointed or not.
53> 54- May. p. 77; V. pp. 134, 135, 173
55, 56. M. II, 2, 2; Smrtié. (K. lyer's translation) XI, 2, 113.
56-58. Col. Dig. V, 4, 224; D. XI, 2, 8,17; V. pp. 176, 180, 183; Viv. pp. 292-294. 56, 57. Ratn. p. 591.
p. 379
58. As her father’s wealth becomes her property, though kinsmen be in existence, even so her son becomes the owner of his mother’s and maternal grandfather’s wealth.
59. In default of them, uterine brothers or brother’s sons, agnates (Sakulyas) and cognates (Bandhavas), pupils, or learned Brahmans are entitled to the inheritance.
60. When a man dies leaving no issue, nor wife, nor brother, nor father, nor mother, all his Sapizdas shall divide his property in due shares.
61. Half the entire wealth, however, shall first be set apart for the benefit of the deceased (owner) and carefully assigned for his monthly, sixmonthly, and annual Sraddhas.
62. When there are several relatives, agnates (Sakulyas), and cognates (Bandhavas), whosoever of them is the nearest shall take the wealth of him who died leaving no issue.
63. When a man dies without leaving either wife or male issue, the mother has to be considered as her son's heiress, or a brother (may succeed) if she consents to it.
64. But on his death the mother shall take a son's share. The mothers shall share equally with the sons, the maidens shall take fourth-part shares.
59. Col. Dig. V, 8, 422; D. XI, 2, 26. ‘In default of them,’ i.e. of a daughter or daughter’s son.
59-62. Col. Dig. V, 8, 437; Ratn. p. 595.
60. V. p. 216, 61. D. XI, 6, 13.
62. V. p.194; May. p. 81.
63. Col. Dig. V, 8, 423; V. p. 191; Viv. p. 293; D. XI, 3, 2.