The Sacred Laws of the Âryas, Part I: Âpastamba and Gautama — SBE Vol. 2 (trans. Georg Bühler, 1879)

7. If he assumes a position equal (to that of twice-born men) in sitting, in lying down, in conversation or on the road, he shall undergo (corporal) punishment.

8. A Kshatriya (shall be fined) one hundred
(Karshapazas) if he abuses a Brahmaza,

9. In case of an assault, twice as much.

YAgfavalkya II, 215. Haradatta adds that an abusive word or a blow given in jest must not be punished in the manner prescribed above, as the word ‘ parushya’ presupposes criminal intent.

2. Apastamba II, 10, 26, 20; Mayfikha XIX, 7, where, however, arya has been altered to a4#4rya. Haradatta adds that the two punishments are cumulative in the case of a Brahmaai only. If the offence is committed with a Kshatriy4, the offender is liable to the first only ; if he sins with a Vaisya, to the second.

3. Apastamba II, 10, 27, 9; Manu VIII, 359; Yagnavalkya
II, 286.

a. Apastamba JI, 10, 27, 15; Manu VIII, 281.—The translation follows Haradatta, who is guided by the parallel passages. But for the latter, one would translate ‘he shall be fined.’

8. Manu VIII, 267; Yagnavalkya III, 204-207. Manu VIII, 136 states one Karshapaa or copper Pana contains 80 Raktikas, which would correspond to 97-60 grammes of the metrical system.

240 GAUTAMA. XII, ro.

10, A Vaisya (who abuses a Brahmaza, shall pay) one and a half (times as much as a Kshatriya).

11. But a Brahmaza (who abuses) a Kshatriya
(shall pay) fifty (K4rshApazas),

12. One half of that (amount if he abuses) a
Vaisya,

13. (And if he abuses) a Sidra, nothing.

14. A Kshatriya and a Vaisya (who abuse one another shall pay the same fines) as a Brahmaza and a Kshatriya.

15. (The value of) property which a Sadra unrighteously acquires by theft, must be repaid eightfold. ;

16. For each of the other castes (the fines must be) doubled.

17. If a learned man offends, the punishment shall be very much increased.

18. If fruits, green corn, and vegetables are appropriated in small amounts, (the fine is) five Krishaalas (of copper).

1o, Manu VIII, 267. 11. Manu VIII, 268.

12. Manu VIII, 268.

13. Manu VIII, 268, WHaradatta adds that, as a Brahmaaza is declared to pay nothing for abusing a S(dra, a Kshatriya and a Vaisya are liable to be fined for that offence, and that according to Usanas a Kshatriya shall pay twenty-four Pazas, and a Vaisya thirty-six.

14. I.e. a Vaisya shall pay one hundred Pamas for abusing a Kshatriya, and a Kshatriya fifty for abusing a Vaisya.

15. Manu VIII, 337. ;

16. Manu VIII, 337-338. I.e. a Vaisya is to pay sixteen times the value of the stolen property, a Kshatriya thirty-two times, and a Briéhmaza sixty-four times.

17. Manu VIII, 338.

18, Manu VIII, 330. Krzshvala is another name for Raktika,

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19. If damage is done by cattle, the responsibility falls on the owner.

20. But if (the cattle) were attended by a herdsman, (it falls) on the latter.

17. Manu VIII, 338.

18, Manu VIII, 330. Krzshvala is another name for Raktika,

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19. If damage is done by cattle, the responsibility falls on the owner.

20. But if (the cattle) were attended by a herdsman, (it falls) on the latter.

21. (If the damage was done) in an unenclosed field near the road, (the responsibility falls) on the herdsman and on the owner of the field.

22. Five MAashas (are the fine to be paid) for
(damage done by) a cow,

23. Six for a camel or a donkey,

24. Ten for a horse or a buffalo,

25. Two for each goat or sheep.

26. If all is destroyed, (the value of) the whole crop (must be paid and a fine in addition).

27. If (a man) always neglects the prescribed (duties) and does that which is forbidden, his property beyond (the amount required for) raiment and food shall be taken from him (until he amends).

28. He may take, as his own, grass for a cow, and fuel for his fire, as well as the flowers of creepers and trees and their fruit, if they be unenclosed.

29. The legal interest for money lent (is at the rate of) five Mashas a month for twenty (K4rshapazeas).

used also by Yagnavalkya I, 362. It equals 0-122 grammes of the metrical system, Prinsep, Useful Tables, p. 97.

20-21. Manu VIII, 240; Yagéavalkya II, 162.

22-26. Manu VIII, 241; Yagnavalkya II, 159-161 ; Colebrooke
III, Digest IV, 40. Haradatta, relying on Usanas everywhere,
reckons twenty Mashas to the Karshapama.

27. Apastamba II, 11, 27, 18.

28. Apastamba I, 10, 28, 3; Colebrooke III, Digest IV, 22.

29. Manu VIII, 140; YAgnavalkya II, 37; Colebrooke I,
Digest 25. Haradatta states that a Karshapaza contains twenty

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30. Some (declare, that this rate should not be paid) longer than a year.

31. If (the loan) remains outstanding for a long time, the principal may be doubled (after which interest ceases).

32. A loan secured by a pledge that is used (by the creditor) bears no interest ;

33. Nor money tendered, nor (a debt due by a debtor) who is forcibly prevented (from paying).

34. (Special forms of interest are) compound interest, periodical interest,

35. Stipulated interest, corporal, interest, daily interest, and the use of a pledge.

Mashas. Thus the monthly interest for 400 M4shas being five MAshas, the rate is 1} per cent for the month, or 15 per cent per annum.

30. Colebrooke I, Digest 40; Manu VIII, 153.

31. Manu VIII, 151; Colebrooke I, Digest 59.

32. Manu VIII, 143; Colebrooke I, Digest 79.

33 Colebrooke I, Digest 79. ‘Likewise the debt of a debtor who, being desirous to pay, is imprisoned by the king or others in a prison or the like, and who is thus unable to pay, does not increase from that day.’—Haradatta.

32. Manu VIII, 143; Colebrooke I, Digest 79.

33 Colebrooke I, Digest 79. ‘Likewise the debt of a debtor who, being desirous to pay, is imprisoned by the king or others in a prison or the like, and who is thus unable to pay, does not increase from that day.’—Haradatta.

34. For this and the next Sfitra, see also Colebrooke I, Digest 35-45, in the notes on which latter text the various explanations of these terms, found here, have been fully discussed. ‘If a large or a small interest is taken on condition that the loan is to be repaid on a certain date, and that, in case of non-payment, it is to be trebled or quadrupled, that is called periodical interest.’— Haradatta.

35. ‘Where the lender and the borrower, having regard to the country, the time, the object, and the condition (of the borrower), agree between themselves (on a certain rate), e.g. of ten per cent per mensem, that is called stipulated interest. Corporal interest is that which is payable by bodily labour. Thus Brzhaspati says, ‘Corporal interest is that connected with work.” But Vyasa explains it thus, “Corporal interest is that which arises from the work (or use) of a (pledged female quadruped) to be

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36. The interest on products of animals, on wool, on the produce of a field, and on beasts of burden (shall) not (increase) more than the fivefold (value of the object lent).

37. The property of (a person who is) neither an idiot nor a minor, having been used by strangers before his eyes for ten years, (belongs) to him who uses it,

38. (But) not (if it is used) by Srotriyas, ascetics, or royal officials.

39. Animals, land, and females are not lost (to the owner) by (another's) possession.

milked, or of (a male) to carry burdens.” Ké4tyéyana explains the daily interest (lit. the interest resembling the growth of the lock on the head), “That which is taken daily is called daily interest.” . . . E.g. for a Prastha of grain lent a handful of grain is taken daily. —Haradatta.

36. Colebrooke I, Digest 62. Haradatta mentions also another explanation of the Sitra: ‘Another (commentator) says, “If products of animals and the rest have been bought, and the price is not paid at once, that may increase fivefold by the addition of interest, but not to a greater sum.”’”

37. Manu VIII, 147-148; Yagéavalkya II, 24.

38. Haradatta adds that in the case of a Srotriya and of an ascetic, the owner may allow the use of his property for a long time, desiring to acquire merit by doing so, and that fear may prevent him from opposing the king’s servants. Hence prolonged possession by such persons does not necessitate the conclusion that the owner had given up his rights, As ascetics cannot possess any property, the Sfitra must refer to their occupying an empty house which has an owner.