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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 5 of 14

239. The term sapatha denotes both an ordeal and an oath in this place, though some of the commentators deny that sapatha may have the former meaning.

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p. 240

240. He whom the waters keep below the surface, and whom blazing fire does not burn, is considered to refute the charge. In the opposite case he is deemed guilty.

*241. Proof by ordeal takes place (if an offence has been committed) in a solitary forest, at night, in the interior of a house, and in the case of a heinous offence, or denial of a deposit.

* 242. (Ordeals) are equally (applicable) in the case of those women, whose morality has been impeached, in cases of theft and robbery, and in all cases of denial of an obligation.

* 243. Of the gods and Azshis even, the taking of oaths is recorded. Vasish¢#a took an oath when he was accused of having assumed the shape of an evil spirit.

240. If a man who is performing the ordeal by water does not rise from water, and if blazing fire, which he is holding in his hand, does not burn him, he is freed from the charge, otherwise he is deemed guilty, i.e. criminal. A. Manu VIII, 115. It does not become quite clear whether the divine tests referred to in this paragraph are identical with the ordeals by water and fire as described further on. See the translations of Manu, and Professor Stenzler’s and Dr. E. Schlagintweit's papers on Ordeals in Ancient India.

242. Where the conduct of a woman, i.e. her morals, is called into doubt ; where theft or robbery is alleged to have been committed; and where anything has been declared false, for all heavy charges in short, this rule regarding the performance of ordeals has been laid down. A.

243, 244. Manu VIII, rro.

243. The great sage Vasish/Aa, being suspected of being an evil spirit, took an oath, and was cleared of suspicion thus. A. The story, to which allusion is made in this place, is told by the commentators of the code of Manu. Visvamitra accused his rival Vasishtha before King Sudds as having eaten up his hundred sons, in the shape of a Rakshasa (malignant spirit). Vasish/Za thereupon exclaimed, ‘I will fall dead on the spot if I am a Rakshasa.’

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*244. The seven Aishis resolutely took an oath together with Indra in order to clear themselves mutually of suspicion, when each was suspected (by the rest) of having taken lotus fibres.

245. The perpetrator of a wrong action, or of a crime, shall be let off with one half of the punishment due to his offence, if he admits the charge or if he makes his guilt known of his own accord.

246. If, on the other hand, a criminal has cunningly concealed his crime, and is convicted of it, the members of the court of justice will not be satisfied with his conduct, and the punishment inflicted on him shall be specially heavy.

244. The story here referred to occurs in the Puraizas. The meaning is this: If the great sages even have taken oaths in order to clear themselves from suspicion, how much less should ordinary mortals refrain from taking an oath. A. According to Medhatithi and Govindaraga, the two earliest commentators of Manu, the seven Rishis had mutually accused one another of the theft of lotus fibres. Indra took an oath when he was suspected with Ahalya.

245. One who has committed any wrong or sinful act to the detriment of any one whomsoever, or who has become guilty of robbery or other crimes, shall have to suffer one half only of the punishment ordained for his misconduct, if he acknowledges in a court of law the truth of the charge brought against himself by the injured party. The same rule obtains, if he has denounced himself guilty, though no plaint has been lodged against him. A.

246. If the perpetrator of a wrong act, or of robbery, &c., denies his guilt, on being examined in a court of justice, and is convicted afterwards by means of an ordeal or of another mode of proof, the assessors of the court will be incensed against and a heavy punishment inflicted on him, as e.g. he will have to pay twice as much as in ordinary cases. Here ends that section of the law of debt which consists of ‘Rules for those cases where both documents and witnesses are wanting.’ A.

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19. Proof by Ordeal.

* 247. If no witness is forthcoming for either of the two litigant parties, he must test them through ordeals and oaths of every sort.

* 248. (Let him cause a Brahman to swear by) truth, (a Kshatriya) by his (horse or other) vehicle, and by his weapons, (a Vaisya) by his cows, seeds or gold and so on, (or all) by venerable deities or deified ancestors, by their pious gifts or meritorious deeds.

249. Where a heavy crime has been committed, the ruler shall administer one of the ordeals. In light cases, on the other hand, a virtuous king shall swear a man with (various) oaths.

* 250. Thus have these oaths been proclaimed by Manu for trifling cases. Ina suit concerning a heavy crime, divine test should be resorted to.

251. Holy Manu has ordained that five kinds of ordeals should be administered to those involved in a doubtful case (which has become the object of a lawsuit), especially if the matter under dispute is of a recondite nature.

* 252. The balance, fire, water, poison, and, fifthly, consecrated water, are the ordeals ordained for the purgation of high-minded persons.

248. In this rule are indicated the various oaths to be administered
according to the caste and individual character of the offender. A.
Manu VIII, 114.

* 252. The balance, fire, water, poison, and, fifthly, consecrated water, are the ordeals ordained for the purgation of high-minded persons.

248. In this rule are indicated the various oaths to be administered
according to the caste and individual character of the offender. A.
Manu VIII, 114.

249, 250. These two verses are intended to indicate the difference in point of applicability between an ordeal and an oath. A.

251. Holy Manu has said that those against whom a charge of an aggravated nature has been brought, shall have to undergo one out of the five ordeals, in order to clear themselves from suspicion, especially when a secret transgression is concerned. A.

252. In this paragraph the author proceeds to enumerate the five ordeals singly. A. YAgviavalkya II, 95; Vishwu IX, 11.

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* 253. (Those ordeals) have been ordained here by Na4rada for the purpose of proving the innocence of criminals who are defendants in a lawsuit, (and) in order that right may be discerned from wrong.

* 254. During the rains let the (ordeal by) fire be administered. In the autumn season the balance is declared to be (the proper kind of ordeal). The (ordeal by) water should be applied in summer, and the (ordeal by) poison in the cold weather.

* 255. The distressed shall not be caused to undergo the (ordeal by) water, nor shall poison be given to the bilious, nor shall the ordeal by fire be administered to persons afflicted with white leprosy, or with blindness, or with bad nails.

* 256. An ordeal should never be administered to persons engaged in performing a vow, to those afflicted with a heavy calamity, to the diseased, to

_ascetics, or to women, if the dictates of justice are listened to.

257. Where no one declares himself ready to

253. The five ordeals have been proclaimed by the great sage Narada, for the justification of those impeached on account of their suspicious conduct, by showing where the wrong lies and where not. A.

254. The five ordeals should be administered, each of them, at
those very seasons, and not at any other season. A. Vishau IX,
25, 28, 30.

255, 256. Vishnu IX, 23, 25, 27, 29.

255. In the case of the persons here mentioned, the ordeals referred to should be avoided, on grounds of disease and of incapacity to undergo them. A.

256. ‘Persons engaged in performing a vow,’ those who have performed the ceremony initiatory to a Soma sacrifice. A.

257. An ordeal should not take place, unless there should be a special reason for it, such as an accusation. Therefore an ordeal must not be administered, unless there be a plaintiff who declares himself ready to take the punishment on himself in case of defeat.

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undergo punishment, an ordeal cannot take place. An ordeal shall be administered to litigants where there is reason for it, but not otherwise.

p. 258

undergo punishment, an ordeal cannot take place. An ordeal shall be administered to litigants where there is reason for it, but not otherwise.

258. Therefore an intelligent, virtuous, righteous, and wise (king or chief judge) should abstain carefully from administering any one out of the (five) ordeals, unless both parties consent to it.

* 259. The ordeal by water must not take place in the cold weather, nor the ordeal by fire in the hot season, nor must the (ordeal by) poison be administered to any one during the rains, nor the (ordeal by) balance in stormy weather.

20. The Ordeal by Balance.

* 260. Wise legislators conversant with every law have proclaimed, after mature consideration, the following rules regarding the mode of performing the ordeal by balance, which may be administered in every season.

*261. The two posts should be dug in every

A. YAgfiavalkya II, 96; VishzulV, 20, 21. The reading na divyam (for na vin?) seems wrong. Or translate, ‘but there is no ordeal for plaintiffs’ ‘

258. A king or chief-judge, who is endowed with the qualities here mentioned, should administer an ordeal with the full approval of both parties in a cause, but not otherwise. A.

259. The times or seasons here referred to should be avoided in the case of the ordeal by water and of the other ordeals, because they are illegal. A. Vishnu IX, 24, 26, 28, 30.

260-284. Vishvau X; YAgfavalkya II, 100-102.

260. ‘After mature consideration,’ after having duly considered that the ordeals by fire, water, and poison are subject to many interruptions or obstacles arising from time, locality, &c., wise men have devised this ordeal by balance, which may be performed during any season. That is the meaning. A.

261. The apparatus for performing the ordeal by balance, which is described in this and the following paragraphs, consists of thep. 103 case to the depth of two Hastas below ground. (The whole of) their length is ordained to amount to six Hastas in extent.

* 262. The beam of the balance should be four Hastas in length, and the height of the two posts (above ground) should be the same. The intermediate space between the two posts should measure one and a half Hastas.

* 263. The beam of the balance should be made straight, of Khadira or of Tinduka wood, quadrangular and (provided) with three SthAnas and with hooks (by which the strings supporting the scale are suspended) and with other (contrivances).

* 264. He should cause it to be made of Khadira wood or Simsapa wood, or in default of such, of

* 264. He should cause it to be made of Khadira wood or Simsapa wood, or in default of such, of following elements: 1. Two wooden posts, supporting a transverse beam. The two posts should be fastened in the ground at a distance of one-and-a-half Hastas (1 Hasta = about 18 inches), facing the west and east. The part above ground should be four Hastas long, and the part below ground two Hastas, the whole length of each post amounting to six Hastas. 2. The beam of the balance, by which the scales have to be suspended. The beam itself, which should measure four Hastas, and should be made of Khadira or other strong wood, should be suspended by means of an iron hook and chain in the middle of the transverse beam. 3. The beam of the balance should be surrounded in the middle and at the two extremities, by three SthAnas (belts?) by which two iron hooks should be fastened. 4. The two scales should be suspended at the two ends of the beam, by the iron hooks, and by four strings each. 5. Each of the two scales should move in a wooden arch (torama), which serves the purpose of marking the position of the scales. See Mitakshara and Stenzler’s paper on Ordeals (vol. ix of the Journal of the German Oriental Society), to which a drawing has been added for the purpose of illustrating the statements of the Smriti writers regarding this kind of ordeal.

263 Read rzgvi in the text.

264. Wood of the Khadira tree is the most eligible sort of wood.
Then comes Tinduka wood, and lastly Simsapa wood. A.

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p. 265

Sala wood, (which must be) without notches and withered portions, and devoid of rents.

* 265. These kinds of timber should be used for preparing the beam of the balance, (which should be erected) either in the midst of a public assembly, or before the gates of the royal palace, or in sight of a temple, or in a cross-road.

266. (The balance) must be dug firmly into the earth, after having been covered with perfumes, garlands, and unguents, and after the performance of purificatory and auspicious ceremonies with sour milk, whole grain, clarified butter, and perfumes.

267. This ordeal should always be administered in the presence of the guardians of the world, who must be invoked to. be present for the protection (of virtue and justice), and in sight of everybody (who cares to look on).

* 268. It is ordained that all ordeals should be

265. The various places here mentioned are the favourite abodes of Dharmarfga (the king of justice), when he appears on earth. A. The Viramitrodaya and other compositions quote two verses of Katy4yana, to the effect that ordeals should be administered to felons in sight of a temple; to those who have offended against the king, before the gates of his palace; to low-caste persons, in a cross-road ; and to other offenders, in the midst of a public assembly, or court of justice.

266. It appears from the statements of other legislators, that the ceremonies to be performed on this occasion are perfectly analogous to those which have to take place on the occasion of preparing a sacrificial stake (yQpa).

267. ‘In sight of everybody,’ not in a solitary spot. A.

268-270. This is a digression relative to certain exceptions to the rule in pars. 257, 258. YAgfavalkya II, 96, 99; Vishnu IX, 22.

268. An ordeal is ordained, when the plaintiff declares himself ready to undergo punishment. Where, however, any outrage has been committed against the royal family, an ordeal should be administered even without a declaration of this sort. A.

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administered in the forenoon, the person (to be tested) having fasted for a day and a night, taken a bath, and wearing his wet dress.

269. Excepting cases of high treason, an ordeal shall not be administered, unless the plaintiff comes forward and declares himself ready to undergo punishment in case of his being defeated.

270. The king may inflict ordeals on his own servants, even without the one party declaring himself ready to undergo punishment. On the other hand, in the case of other persons accused of a crime, (he should administer ordeals) according to law (only).

* 271. After having well fastened the two scales by the hooks of the beam, he should place the man in the one scale and a stone in the other.

The essential features of the proceedings described in pars. 271-284 may be summarized as follows: 1. The person to be tested by this ordeal should be placed in the one scale, and a basket filled with stones and sand placed in the other scale, as an equivalent. 2. The basket having been made precisely equal in weight to the man with the help of goldsmiths and other persons skilled in the practice of weighing, the position of the beam should be marked on each of the two arches. 3. After that, the man should be allowed to descend from the scale. The judge should admonish him, and he should get into the scale again, after a bill recounting the charge raised against him has been fastened on his head. 4. A Brahman should address the balance with prayers. 5. The man having descended once more from the scale, the result of the second weighing should be compared with the result of the first weighing. If he has risen, i.e. if he has proved lighter than the first time, he shall be acquitted; if the scale has gone down, or if it has remained in the same place as before, he must be pronounced guilty. 6. If any part of the balance has broken during the proceeding, he has to be acquitted.

271. The term ‘a stone’ seems to denote an equivalent here and in the next paragraph. The sequel shows that the equivalent consists of a basket filled with stones and other objects.

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6. If any part of the balance has broken during the proceeding, he has to be acquitted.

271. The term ‘a stone’ seems to denote an equivalent here and in the next paragraph. The sequel shows that the equivalent consists of a basket filled with stones and other objects.

p. 272

* 272. He should weigh the man on the northern side, and the stone on the southern side. There (in the southern scale) he should (place) a basket and fill it up with bricks, mud, and grains of sand.

273. In the first weighing, the weight (of the man) should be ascertained with the aid of experienced men, and the arch marked at that height which corresponds to the even position of the two scales.

* 274. Goldsmiths, merchants, and skilful braziers experienced in the art of weighing, should inspect the beam of the balance.

*275. After having first weighed the man, and having made (on the arches) a mark for the beam, in order to show the (even) position of the scales, he should cause him to descend from the balance.

* 276. After having admonished him with solemn imprecations he should cause the man to get into the scale again, after having fastened a writing on

273-275. Goldsmiths, merchants, braziers, and other persons familiar with the art of weighing, should ascertain whether the man and the equivalent are precisely equal in weight, and whether the beam of the balance is quite straight, by pouring some water (on the beam of the balance?). A. According to the Pitémaha-smriti, the water shall be poured on the beam of the balance. If it does not trickle down from the beam, the beam may be supposed to be straight. ‘The way in which the position of the scales and of the beam of the balance has to be marked on the two arches, may be gathered from the YAgiiavalkya-smreti, which ordains that a line shall be drawn (across the arches).

276. He should cause the man to get into the scale once more, after having reminded him of his good actions and of the preeminence of truth, having invoked the deities, and having fastened on his head a bill recounting the charge, and containing an imprecation. The whole proceeding must not take place in windy or rainy weather. A. The Viramitrodaya and other compilations quote another text of Narada, according to which no verdict should be given if the scales have been moved by the wind.

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his head. There must be neither wind nor rainfall (at the time when this ordeal is being performed).

277. When he has ascended (the scale), a Brahman, holding the scale in his hand, should recite the following : ‘ Thou art called dha¢a (a balance), which appellation is synonymous with dharma (justice).

* 278. Thou knowest the bad and good actions of all beings. This man, being arraigned in a cause, is weighed upon thee.

279. Thou art superior to gods, demons, and mortals in point of veracity.

[Thou, Balance, hast been created by the gods in time out of mind, as a receptacle of truth.

* 278. Thou knowest the bad and good actions of all beings. This man, being arraigned in a cause, is weighed upon thee.

279. Thou art superior to gods, demons, and mortals in point of veracity.

[Thou, Balance, hast been created by the gods in time out of mind, as a receptacle of truth.

* 280. Deign to speak truth, therefore, O propitious being, and deliver me from this perplexity. If I am an offender, take me down.

* 281. If thou knowest me to be innocent, take me upwards.] Therefore mayst thou deliver him lawfully from the perplexity in which he is involved.’

282. After having addressed him, (invoking) the guardians of the world and the gods, with these and other such speeches, he should cause the man who has been placed in the scale, to descend once more and should ascertain (the state of the matter).

* 283. If he rises, on being weighed (for the second time), he is undoubtedly innocent. If his

277. This quibble is based on the fact that the two words Dha/a and Dharma commence with the same syllable.

279-281. The words enclosed in brackets cannot be genuine. They appear to be a quotation from the Yagfavalkya-smrvti (II, 101, 102), which has been added as a marginal gloss by a copyist, and has subsequently crept into the text. YAgfiavalkya puts this entire address in the mouth of the defendant himself, whereas all the other Smriti writers put it in the mouth of a third person.

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weight remains the same as before, or if he goes down, he cannot be acquitted.

* 284. Should the scales break, or the beam or the hooks split, or the strings burst, or the transverse beam split, (the judge) shall pronounce a formal declaration of his innocence.

21. The Ordeal by Fire.

* 285. I will propound, next, the excellent law regarding the (ordeal by) fire. The interval between

284. It seems strange that the accidents mentioned in this paragraph should be viewed as proofs of innocence. Vishwu, Katyayana, and Vy4sa rule that the proceeding shall be repeated in every such case. Brthaspati says that these accidents shall be taken as proofs of guilt. The reading mfrtitah may be wrong (for punah sa? ‘he shall cause the proceeding to be repeated’), See Vy4sa.

285-303. Vishnu XI; Yagfavalkya II, 103-107.

Brthaspati says that these accidents shall be taken as proofs of guilt. The reading mfrtitah may be wrong (for punah sa? ‘he shall cause the proceeding to be repeated’), See Vy4sa.

285-303. Vishnu XI; Yagfavalkya II, 103-107.

The essential features of the ordeal by fire are as follows:

1. Eight concentric circles of equal breadth are marked on a piece of ground. 2. An iron ball is heated repeatedly by a blacksmith.
3. The hands of the defendant are examined, and all existing sores or scars coloured with dots. 4. His hands are wrapped up in leaves, in order to protect them against the hot iron. 5. A prayer addressed to Agni, god of fire, shall be recited and written on a leaf, which is fastened on the head of the defendant. 6. The iron ball is placed in his hands, and he is made to walk slowly through all the circles successively, taking one circle with each step. On reaching the last circle he may throw the ball on the ground.
4. His hands are examined once more. If they are found to contain any fresh sores or wounds, he is guilty ; if not, he is innocent.
8. If he lets the ball drop from fear, before having reached the last circle, or if the examination of his hands has yielded no definite result, the whole proceeding has to be repeated.

285. Other legislators state that each circle shall be thirty-two Angulas broad together with the space situated between it and the next circle. In par. 299 it is said that the breadth of each circle shall equal the length of the defendant’s foot. This rule, according to the commentators, refers to the circle minus the inter- Mediate space between it and the next circle, and means that a

I, 293- ORDEAL BY FIRE. 109g

every two circles is ordained to measure thirty-two Angulas,

* 286. Thus the space covered by the eight circles will measure two hundred and_ fifty-six Angulas.

* 287. He should place seven leaves of the holy fig-tree in the hands of the defendant, and should fasten the leaves (on his hands) with seven threads.

* 288. A professional blacksmith, who has practice in working with fire, and whose skill has been tested on previous occasions, should be caused to heat the iron in fire.

* 289, 290. An iron ball fifty Palas in weight having been repeatedly made fiery, sparkling and red-hot, a pure Brahman who reveres truth, should address it as follows, when it has been heated thrice: ‘Listen to the law of Manu, which is superintended by the guardians of the world (themselves).

* 291. Thou, O fire, art the means of purification and the exalted mouth of all the gods. Thou, dwelling in the heart of all beings, knowest this affair.

* 292. Truth and falsehood proceed from thy tongue. Deign not to show thyself unworthy of the character thus attributed to thee in the Vedas and other books.

* 293. This man (the defendant) has been thus addressed by that man (the plaintiff), and has denied

* 292. Truth and falsehood proceed from thy tongue. Deign not to show thyself unworthy of the character thus attributed to thee in the Vedas and other books.

* 293. This man (the defendant) has been thus addressed by that man (the plaintiff), and has denied circle shall equal the defendant’s foot in breadth, where the foot is longer than sixteen Angulas. Pitamaha says that the outlines of the circles shall be marked with cow-dung.

288. ‘A professional blacksmith,’ not one officiating temporarily in that capacity. A.

289, 290. The Viramitrodaya says that the iron ball shall be put into cold water, after it has been heated for the first and second times.

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the charge, (declaring) “I will seize the fire, in order to show that it is all untrue.”

* 294. Thus confiding in truth, this man is holding thee. Therefore, O fire, be cool for him, if he speak the truth. If, however, he should tell a lie, as a sinner, I implore thee, to burn his hands,’

* 295. This prayer having been carefully written on a leaf and recited, he should fasten the leaf on his head, and after having done so, should then give him the iron ball.

* 296. Having bathed and stepped into the space covered by the (eight) circles, he should seize the fiery ball, take his stand in one circle, and walk slowly through the seven others.

* 297. (The man) must not put it down again till he has passed through the whole of the measured ground. On reaching the eighth circle, he may drop the fiery ball.

* 298. That man who lets the ball drop from fear, or who cannot be proved to have been burnt, shall take the hot iron once more; this is a fixed rule.

* 299. Each circle should be made as broad as his foot. He must not go further than the breadth of one circle with one step, nor must he remain behind it.

300. In this way the ordeal by fire should always be performed. It is adapted for every season except summer and very cold weather.

* 301. All sores or scars on his hands should be marked with signs previously, and one should examine the hands again afterwards (and look after) the dots with which (the sores) have been marked.

299. Read tatpadasammitam in the text.

I, 305. ORDEALS BY FIRE AND WATER. III

* 302. If it does not appear whether (either of) the two hands is burnt, he shall take and seven times crush grains of rice in his hand, with all his might.

* 303. The grains having been crushed by him, if the members of the court should declare him to be unburnt, he shall be honourably released as being innocent. If he is burnt, he shall receive due punishment.

22. The Ordeal by Water.

304. I will now proclaim the excellent law regarding the (ordeal by) water, (which may be performed at all seasons) one after the other, excepting the winter and dewy seasons.

* 305. (This ordeal may be performed) in streams

22. The Ordeal by Water.

304. I will now proclaim the excellent law regarding the (ordeal by) water, (which may be performed at all seasons) one after the other, excepting the winter and dewy seasons.

* 305. (This ordeal may be performed) in streams

302, 303. The crushing of grains of rice serves the purpose of making visible such wounds as might have been overlooked previously. Here ends the section of the ordeal by fire. A.

305-317. Vishvu XII; Yaghavalkya II, 108, 109.

The ordeal by water may be briefly described as follows:

1. This ordeal should be either performed in a tank or in a river which has no swift current. 2. Three arrows should be discharged from a bow of middling size. 3. After that, a strong man should enter the water as far as his navel. The defendant should seize him by the thigh and dive under water. 4. A swift runner should be sent after the second arrow. When he has reached the place where it has fallen, another equally swift runner should be sent back with it to the place where the defendant has entered the water. 5- The defendant is declared innocent, if he has remained under water till the arrow has been brought back. He is declared guilty, if any one of his limbs have been seen, or if he were to emerge from the water in a different spot from that where he entered it.
6. During the proceeding, a prayer is addressed to the deity of water, in which it is asserted, that fire arose from water, and that the water ordeal is superior therefore to the ordeal by fire.

305. The winter season comprises the months Agrahfyaza andp. 306 which have not too swift a course, in oceans, in rivers, in lakes, in ponds dug by the gods, in tanks, and in pools.

* 306. The diving shall take place after three arrows have been discharged from a bow which must not be too strong. Wise men (have declared) what its strength should be.

* 307. A strong bow is declared to be 107 (Angulas) long, a moderate bow 106, and an inferior bow 105 (Angulas). This is declared to be the rule regarding the bow.

* 308. A strong man should be placed like a pillar in water, reaching to his navel. The defendant should seize him by the thigh and dive under water.

Pausha. The dewy or cold season (Sisira) comprises the months Magha and Phalguna. It appears, therefore, that the ordeal by water must not be performed during the period extending from the middle of November to the middle of March, i.e. during the cold weather. This is no doubt because the low temperature of the water during the cold weather might affect the capacity of the defendant to hold out under water sufficiently long.

306. Devakhata, ‘a pond dug by the gods,’ denotes a natural hollow or lake. (Béhtlingk’s Dictionary.) _Nandapandita, in his Commentary of the Vishnu-smriti (LXIV, 16), gives the wellknown lake of Pushkara, near Agmir, as an instance of a Devakhata.

307. It seems strange that the difference in length between the bows should not amount to more than one Anhgula or inch. The commentators take the three numerals in this paragraph to denote 105, 106, and 107 respectively, and I have translated in accordance with this interpretation. It is, however, possible to translate the three numerals by 500, 600, and 700 respectively, and to refer them to the number of Hastas (1 Hasta=18 inches) traversed by each of the three arrows. According to another text, which is wrongly attributed to Narada by some commentators, the arrows shall be shot at a target, which has to be placed at a distance of 1g0 Hastas from the. marksman.

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* 309. From the place where the arrows have been discharged, a young man endowed with swiftness of limb should walk as quickly as possible to the place where the middlemost arrow has fallen down.

* 310. Another man, who must be an equally swift runner, should seize the middlemost arrow and return with it quickly to the place from which the (first) man has proceeded.

311. If he who took the arrow does not see the defendant in water on arriving, because he is completely under water, the defendant must be acquitted.

* 312. Otherwise he is guilty, though only one limb of his have become visible. (He is pronounced guilty) equally, if he has moved to a different place than that where he was first immersed.

* 313. Women or children must not be subjected to the ordeal by water by persons acquainted with the law; nor sick, superannuated, or feeble men.

* 314. Cowards, those tormented by pain, and persons afflicted by a calamity should also be held exempt from this trial. Such persons perish immediately after diving, because they are declared to have hardly any breath.

* 315. Should they even have appeared before the court on account of a serious crime, he must not cause them to dive under water, nor must he subject them to the ordeal by fire, or give them poison.

* 316. ‘Nothing is more capable than water and fire of showing the difference between right and wrong.

316, 317. These two paragraphs contain the prayer by which the deity of water should be addressed. A. Vis II, 8; Yagitavalkya II, 108. €

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p. 317

Because fire has arisen from the waters, therefore suspected persons

* 317. Are subjected to this proof by preference, by persons thoroughly conversant with the law. Therefore deign, O venerable Lord of Waters, to effect acquittal through truth.’

23. The Ordeal by Poison.

* 318. Now I shall proclaim the excellent rule regarding the ordeal by poison: at what time, in what manner, and in what form it should be administered.

Therefore deign, O venerable Lord of Waters, to effect acquittal through truth.’

23. The Ordeal by Poison.

* 318. Now I shall proclaim the excellent rule regarding the ordeal by poison: at what time, in what manner, and in what form it should be administered.

* 319. The exact quantity of the poison (to be given) having been fixed by persons conversant with the essence of law, it shall be weighed, and given.to the defendant in the autumn season, when winter sets in.

320. A man acquainted with law, must not (administer this ordeal) in the afternoon, nor in the

318-326. The ordeal by poison consists of the swallowing of a mild poison bythe defendant. He is innocent if he digests the poison without being affected by it. Vishzu XIII ; Yag#avalkya II, rro, rrr.

319. The autumn season, Sarad, comprises the two months of Asvina and Kérttika, or from middle of September to middle of November. The winter season comprises the two months of Aprah4yama and Pausha, or from middle of November to middle of January. Mitramisra, who quotes this text in the Viramitrodaya, asserts that the term ‘the winter season’ must be taken in this place to include the dewy season, Sisira, as well, i.e. the time from middle of January to middle of March.

320. Though the season of Sarad has been referred to in par. 319, it must be reckoned among the prohibited seasons according to par. 320. A. This observation seems to be just, because the performance of this ordeal in the Sarad season is prohibited in par. 324 as well. Vasanta, the spring season, extends from middle of March to middle of May. Grishma, the hot season, extends from middle of May to middle of July. Varsh4, the season of the rains, extends from middle of July to middle of September.

p. 115

twilight, nor at noon. It must be avoided, likewise, in the autumn, summer, spring, and rainy seasons.

* 321. Spoiled poison, shaken poison, scented and mixed poison, as well as K4lakd¢a and AlAbu poison, should be carefully avoided.

* 322. Poison from the Svznga plant, which grows in the Himalayas, of an excellent quality, having (the required) colour, flavour, and taste, and preserving its natural condition, should be given to members of the Kshatriya, Vaisya, and S‘ddra castes.

* 323. Let him give to the defendant one-eighth less than the twentieth part of a sixth part of a Pala of the poison, mixed with clarified butter.

* 324. Six Yavas should be given in the rainy season ; five Yavas in the hot season; seven or eight in the winter season; in the autumn season this ordeal must not take place.

* 325. ‘Thou, O poison, art the son of Brahman.

* 324. Six Yavas should be given in the rainy season ; five Yavas in the hot season; seven or eight in the winter season; in the autumn season this ordeal must not take place.

* 325. ‘Thou, O poison, art the son of Brahman.

321. Spoiled, shaken, scented, and mixed poison should be avoided, because it has been changed from its natural state (into something different). K4lakfa and Alébu poison should be avoided, because it is too strong. A. K4lakfi/a is a certain deadly poison contained in a bulbous root or tuber. According to a wellknown myth, the K&lakf/a poison was produced at the churning of the ocean, when it threatened to destroy the whole world, and was therefore swallowed by Siva. Al4bu is the bottle-gourd.

323. There are 960 Yavas to a Pala. The fraction, therefore, is as follows :—960 - 4+ gy + §=7 Yavas. In par. 324, the author says that seven or eight Yavas of poison should be given in winter, i.e. in that season when this ordeal is ordinarily administered. Vishzu lays down generally that seven Yavas of poison should be given.

324. This rule shows that the prohibition which has been levelled in par. 320 against the performance of this ordeal in the rainy and summer seasons, must not be interpreted too strictly.

325. This is the prayer which should be addressed to the poison. A.

p. 12

p. 326

Truth and virtue are thy support. Clear this man from guilt, Become (like) Ambrosia to him, through truth.’

* 326. Let the man be kept in a shadowy place without taking food, for the whole remainder of the day. If he remains free from convulsions such as are generally caused by poison, he is declared innocent by Manu.

24. The Ordeal by Sacred Libation.

* 327. Now I shall proclaim the excellent rule regarding the ordeal by sacred libation, as it has been laid down, for all seasons indiscriminately, by learned men.

* 328. The consecrated water shall be given, early in the morning, to a virtuous man, who believes in God. He must have fasted and bathed, and wear his wet clothes.

* 329, The defendant should be made to drink three mouthfuls of water in which (an image of) the deity whom he holds sacred has been bathed and worshipped.

* 330. Ifhe should meet himself with any calamity

326. Here ends the chapter of the ordeal by poison. A.

327-333. Vishau XIV; YAagfavalkya II, 112, 113.

327. The ordeal by sacred libation is performed by swallowing three mouthfuls of consecrated water in which -an idol has been bathed. The defendant is declared innocent, if no misfortune befalls him within a certain period after this trial.

328. Immoral persons and infidels must not be subjected to this ordeal, because they are already deprived of the assistance of the gods in every case. A. Read pfirvahne in the text.

330. If any misfortune should happen to him, through the act of the king or through fate, it shall be taken as proof of his guilt. A. Other legislators refer in particular to illness, fire, death

A. Read pfirvahne in the text.

330. If any misfortune should happen to him, through the act of the king or through fate, it shall be taken as proof of his guilt. A. Other legislators refer in particular to illness, fire, deathp. 117 within a week or a fortnight (after having undergone this ordeal), it shall be regarded as proof of his guilt.

* 331. If a great misfortune even should befall him after the lapse of a fortnight, he must not be harassed by any one, because the fixed period has elapsed.

* 332. The drinking of consecrated water should be avoided in the case of great criminals, irreligious or ungrateful men, eunuchs, low rascals, unbelievers, - Vratyas, and slaves,

333. A righteous king, who administers the five ordeals to persons charged with a crime in the way which has been stated, acquires prosperity both in a future state and in this life.

* 334. The ordeal by water is destined for the hot season. The ordeal by poison (should be administered) in very cold weather. A Brahman should be tested by the balance, fire is reserved for the Kshatriya.

* 335. The ordeal by water should be administered to the Vaisya. Poison should be given to the Sidra. He must not give poison to the Brahman, nor should a Kshatriya take the (hot) iron.

of a relation, or punishment inflicted by the king. Nor is every sort of disease to be considered as proof of guilt. It is obvious that the inclusion of a punishment inflicted by the king among the proofs of guilt tends to place the defendant at the mercy of the sovereign power.

332. All the various categories of persons that are mentioned here as unfit for the performance of this ordeal are so because they are already deprived of the assistance of the gods in every case. A. Vratyas, those who have not been invested with the thread.

333- The term ‘persons charged with a crime’ may denote both real offenders, whose offence has remained secret, and wrongly accused persons, A.

p. 336

336. The (five) ordeals, ending with the sacred libation and beginning with the balance, should be administered in the case of heavy charges. One hundred and fifty (Pazas) should be given (to the defendant) if he has been acquitted. One who has not been acquitted is liable to punishment.

25. The Rice Ordeal.

* 337. Now I will proclaim the rule regarding the grains of rice which have to be chewed (by the defendant). This rice ordeal should be administered in cases of larceny, but on no other occasion whatsoever. That is the law.

* 338. Let the judge, who must have cleansed himself previously, use white grains of rice, but not (the grains) of any other fruit, and let him place them in an earthen vessel in the sight of (an image of the deity of) the sun.

That is the law.

339. After having mixed them with water in which (an image of the sun-god) has been bathed, he shall leave them in that place for a night. At daybreak, after having prepared them three times, a worshipper of the gods shall give them himself

340. (To the defendant), who must be facing the east and must have bathed and fasted, after having proclaimed the charge himself, in order that right may be discerned from wrong.

337-342. The rice ordeal consists of chewing a number of grains of rice in the husk. If the tooth-flesh is hurt and if blood issues forth, or if the man is seen to be trembling during the proceeding, it is viewed as a proof of guilt. Otherwise he is acquitted.

339. Should the reading be tri# kritvah, ‘(he shall give them) thrice?’

p. 119

* 341. When the defendant has chewed the grains, he shall cause him to spit them ona leaf. Ifa leaf of the holy fig-tree be not available, he shall take a leaf of the birch-tree (for that purpose).

* 342. Should blood issue forth, or the tooth-flesh be hurt, or the limbs shake, he must be pronounced guilty.

26. The Ordeal of the Hot Piece of Gold.

343. Now I shall give a description of the ordeal of the hot piece of gold, which has been ordained by Brahman himself for the purpose of distinguishing virtue from vice.

* 344. (The judge), after having cleansed himself, shall quickly pour clarified butter into a golden, silver, iron, or earthen vessel, and shall place the vessel on the fire.

* 345. He shall throw into it a shining coin, made of gold, silver, copper, or iron, after having washed it in water more than once.

* 346. Should (the coin) ever drop into the boiling (mixture), it would be a very dangerous thing to touch him (the fire?). Therefore he must address the clarified butter with the following prayer:

* 347. ‘Thou art the best instrument of purification, O clarified butter, and (comparable to) Am-

343-348. The ordeal of the hot piece of gold (Taptam4sha) derives its name from the gold coin (m4sha) or signet-ring (mudrika), which those who are tried by this ordeal are required to pick out of a vessel filled with a boiling liquid, with the thumb and forefinger. They are declared innocent, if the hand remains unhurt.

346. The reading of the first half of this paragraph is quite uncertain, and the above rendering conjectural.

p. 348

brosia at a sacrifice. Burn this man at once if he is criminal, and be as cold as ice to him if he is innocent.’

* 348. If, on touching and examining the forefinger (of the defendant) it is found to be unhurt and to show.no boils, he is innocent. Otherwise, he is not (innocent).

SECOND TITLE OF LAW.

Deposits,

Burn this man at once if he is criminal, and be as cold as ice to him if he is innocent.’

* 348. If, on touching and examining the forefinger (of the defendant) it is found to be unhurt and to show.no boils, he is innocent. Otherwise, he is not (innocent).

SECOND TITLE OF LAW.

Deposits,

*1, Where a man entrusts any property of his own with another in confidence and without suspicion, it is called by the learned a Deposit, a title of law.

2. Asensible man should make a deposit with one who belongs to a respectable family, and who is virtuous, acquainted with his duties, veracious, influential, wealthy, and honourable.

3. In whatever manner a man may have delivered

348. Some writers refer to two further ordeals, besides the seven kinds mentioned by Narada. One of them is the ordeal of the red-hot ploughshare, which the defendant is made to lick. The other consists of drawing lots.

II, 1. With one in whom he places no confidence, a man will not deposit a single cowry even, without the guarantee of a written receipt or of witnesses. On the other hand, he will deposit a thousand Suvarzas even, without a receipt or witnesses, with one in whose honesty he places implicit reliance. A.

2. A prudent man may entrust a deposit to one endowed with
the seven qualities here mentioned, because he feels sure that he
may recover his property at any time. A. The term mahfpaksha,
‘influential,’ means literally one who has many friends and relations.
Identical with Manu VIII, 179.

3. Thus, e.g. a sealed deposit must be returned with the seal, a deposit made before witnesses must be restored in the presence of the same witnesses. See Jolly, translation of Book VIII of the Code of Manu. Identical with Manu VIII, 180.

Il, 7. DEPOSITS, 121

any of his effects to another, in the same manner shall that article be restored to him. Delivery and receipt ought to be equal.

4. If the depositary fails to restore the deposit to the depositor as he ought, he shall be compelled to restore it by forcible means, after his guilt has been proved by ordeals or other (modes of proof).

*5. If one article hidden in another is deposited in another man’s house, without stating (what it is), it is termed an Aupanidhika deposit.

*6. Deposits are again divided into two species, attested and unattested ones. They must be restored precisely in the same condition (as they were in at the time of their delivery). Otherwise an ordeal must take place.

*7, The wicked man who does not return a deposit, on being asked to do so by the depositor, shall be punished by the king. If the deposit has

4. Where the depositary, actuated by interested motives, refuses to restore the deposit, and is convicted of his guilt in a court of justice, by an ordeal or by other proof, he must restore it and pay twice its value as a fine. A. Manu VIII, rgo.

If the deposit has

5. ‘One article hidden in another,’ such as e.g. a pearl necklace tied up with a particular sort of knot in a cloth. Such a deposit must be restored in the same condition as before, and tied with those very knots with which it was originally delivered. A. Yagriavalkya II, 65.

6. If a deposit has been handed over to the depositary in the presence of witnesses, it must be restored before witnesses. If no witnesses were present at the time of its delivery, they may be equally dispensed with at the time when it is returned to the depositor. If it is not returned to him, the depositary must perform an ordeal or make an oath, &c. A.

4. The last clause concerns a deposit which has not been returned on demand. In that case, a calamity arising through fate or the king affects the depositary, and not the depositor. A, Manu VIII, 191; Vishnu V, 169-171.

p. 8

been lost or destroyed, he shall make good its value. .

* 8. If he derives profit from a deposit, by using it without the consent of the depositor, he shall be punished likewise, and shall restore the profit, together with interest, to the depositor.

*9. If a deposit is lost, together with the property of the depositary, the loss shall be the depositary’s. The same rule shall obtain, if the loss has been caused by fate or by the king; unless (the depositary) should have acted fraudulently.

10. The depositor being dead, if the depositary restores the deposit to his next-of-kin, of his own accord, he must not be harassed either by the king or by the relations of the depositor.

11. (The rightful owner) shall try to recover it amicably, without resorting to stratagems. Or he shall explore (the depositary’s) mode of living, and cause him to restore it by friendly expostulations.

8. If the depositary without the knowledge of the depositor derives gain from the use of the deposit he shall be punished, and shall make over his gain, together with interest, to the depositor. A. Yagnavalkya IT, 67.

to. If, the depositor being dead, the depositary through honesty restores the deposit to his nearest relative and heir, without having been asked to do so, or without the existence of the deposit being known to the heir, he must not be harassed by the relatives of the depositor asserting, ‘He has not restored all,’ or by the king. A. Manu VIII, 186.

A.
Manu VIII, 186.

11. Narayana, in commenting on Manu VIII, 187, observes that this rule applies to one who believes a deposit to be with another, but has not made it over himself. He shall try to recover the deposit amicably ; or he shall ascertain whether the depositary has made extraordinary expenses, and may therefore be suspected to have embezzled the deposit. Other commentators explain this text in a different manner. See Professor Bihler’s note on Manu VIII, 187. Nearly identical with Manu VIII, 187.

IL, 1g. DEPOSITS. 123

12. What has been stolen by thieves, carried away by water, or burnt by fire, need not be restored (by the depositary), unless he should have appropriated something out of it.

* 13. He who fails to restore a deposit, and he who demands what he never deposited, shall both be punished like thieves, and shall be made to pay a sum equal (in amount to the value of the deposit).

* 14. The same law applies in the case of Y4éita, Anvdhita, and other such deposits, articles made over to an artist, Nydsa and Pratinydsa deposits.

* 15. If a man takes charge of a wealthy boy, the law is also the same. These six cases are equal (from a legal point of view).

12. If, however, he is convicted, by the performance of an ordeal, of having derived some profit from the deposit, he shall restore his gains. A. Nearly identical with Manu VIII, 189.

13. Either of the two criminals here mentioned must be punished like a thief and pay the value of the deposit as a fine. A. Nearly identical with Manu VIII, 191.

14. Y4kita is what has been borrowed for use, especially clothes and ornaments, which have been borrowed on the occasion of a wedding or other festival. Anvahita is a deposit, which has been delivered by the depositor to a third person, on condition of its being returned afterwards to the owner. ‘Articles made over to an artist’ are materials to be worked by an artizan, as e.g. gold delivered to a goldsmith to be made into an earring. Ny4sa is a secret deposit, which has been handed over to some one inhabitant of the house, behind the back of the house-owner. Pratiny4sa is a mutual bailment, both parties exchanging deposits with one another. Asahaya, Vig#4nesvara, Mitramisra, &c. YAgéiavalkya II, 67.

15. If a man takes a wealthy boy who has no guardian into his house, the property of the boy is subject to the above rules regarding deposits. A.

124 NARADA. Ill, 1

THIRD TITLE OF LAW.
PARTNERSHIP.

* 1, Where traders or others carry on business jointly, it is called Partnership, which is a title of law.

* 2, Where several partners are jointly carrying on business for the purpose of gain, the contribution of funds towards the common stock of the association forms the basis (of their undertakings). Therefore let each contribute his proper share.

* 3. The loss, expenses, and profit of each partner are either equal to those of the other partners, or exceed them, or remain below them, according as his share is equal to theirs, or greater, or less,

*4, The stores, the food, the charges (for tolls and the like), the loss, the freight, and the expense of keeping valuables must be duly paid for by each of the several partners, in accordance with the terms of their agreements.

* 5, (Each partner) is responsible for what has been

III, 2. Thus, e.g. a principal amounting to rooo Drammas is invested in their common business by four partners. One contributes one-half of the principal, i.e. 500 Drammas. Another contributes one-fifth, i.e. 200 Drammas. A third contributes 200 Drammas likewise. A fourth contributes roo Drammas. The percentage of the gain and of the charges will be in accordance with the share contributed by each partner. A.

3. Manu VIII, 211; YAgmavalkya II, 259.

4. The expense incurred by the purchase of merchandise, for food, &c., has to be defrayed by all the partners in due shares, according to the terms originally agreed on, and the several shares contributed by them. A.

5. He who causes the loss of funds contributed by all the partners must make it good, and so must he who has infringedp. 125 lost by his want of care, or in consequence of his acting against the instructions of, or without authorization from, all the other coparceners.

*6. Where the property of the partnership is in danger through fate, through a gang of robbers, or through the king, the tenth part of the goods shall belong to him who has preserved them through his own exertion.

* 7, Should one partner meet with an accident, his heir shall replace him ; or on failure of an heir, another man, or all (the partners) if they are capable (of becoming his substitute).

*8. In the same way, where an officiating priest has met with an accident, another (priest) shall officiate for him, and receive from him his part of the fee to the stipulated amount.

*9. Where an officiating priest forsakes a sacrithe rules of the society, or who has caused a loss by acting without authorization from his partners. A. Ydagfiavalkya II, 260.

6. If any one member of the society exerts himself to guard their common property against a fire, or against a gang of robbers, or against an encroaching prince who wants to seize it, he shall receive a tenth part of it, as a reward for his trouble. A. YAgéiavalkya II, 260. ‘

4. Should any one among the partners die, his sons or other heirs shall take his share. Failing heirs, it shall belong to any other partner, who is able to officiate for him. Or, if all are able to officiate for him, they all shall take it together. A. Y4gviavalkya II, 265.

8. If among several officiating priests one should meet with a calamity, his share of the work shall pass to another, and the stipulated fee shall also belong to his substitute. A. Manu VIII, 206.

g. If the case of an officiating priest or sacrificer who has left the other party from anger, avarice, or some other reprehensible motive, and without delinquencies on the part of the other party, be brought before the king, he shall punish him. A. Manu VIII, 389; Y4gviavalkya II, 237; Vishnu V, 113.

126 ‘NARADA. TI, ro.

ficer, who is no offender and free from guilt, or where (a sacrificer) forsakes a faultless priest, they shall both be punished.

* 10. There are three sorts of officiating priests : one honoured by previous generations, one appointed by (the sacrificer) himself, and one who performs the functions of a priest of his own accord through friendship.

*11. This law applies to hereditary and selfchosen priests. But it is no sin to abandon a priest officiating of his own accord.

* 12. A trader on reaching a toll-house should pay the legal duty. A prudent man must not try to evade it, (because) it is called the (king’s) tax.

* 13. If he evades a toll-house, or if he buys or sells at another than the legal hour, or if he does not state the value (of his goods) correctly, he shall be fined eight times the amount which he tried to evade.

11. In the case of those officiating priests who have been employed by the ancestors of the sacrifices, i.e. who are hereditary in his family, and in the case of those who have been chosen by himself the punishment ordained for forsaking a priest should be inflicted. But if the sacrificer abandons one who officiates for him from friendship, and employs in his place one better qualified, or more acceptable to himself, awarding to him the stipulated fee, he is free from blame. A.

12. A duty is the king’s due, and traders must not defraud the king of it. A.

13. There are three ways for evading a duty: one, if a merchant avoids a toll-house and thus escapes paying the ordinary toll; another, if he buys or sells at an unseasonable time a commodity on which he has not paid the customary duty; a third, if he does not state correctly the amount or value of his goods or chattels. A merchant, who has committed any one out of these offences, shall pay eight times the amount of the duty embezzled by him as a fine. A. Manu VIII, 400; YAgfiavalkya II, 262.