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

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.

39. Manu VIII, 149; Yagnavalkya II, 25. The translation given above agrees with an explanation of the Sfitra which Haradatta mentions, but rejects. He himself prefers the following : ‘Animals, i.e. quadrupeds; land, i.e. a field, a garden, and the like; females, i.e. female slaves and the like. No long possession of animals and the rest is necessary in order to acquire the rights of ownership over them. Even after a short period they become the

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244 GAUTAMA. XII, 4o.

40. The heirs shall pay the debts (of a deceased person).

41. Money due by a surety, a commercial debt, a fee (due to the parents of the bride), debts contracted for spirituous liquor or in gambling, and a fine shall not involve the sons (of the debtor).

42. An (open) deposit, a sealed deposit, an object lent for use, an object bought (but not paid), and a pledge, being lost without the fault of the holder, (shall not involve) any blameless person.

43. A man who has stolen (gold) shall approach the king, with flying hair, holding a club in his hand, and proclaim his deed.

property of the possessor. For how (would it be possible that) a person, who himself wants buttermilk and the like, should allow a cow which he himself has bought, and which gives daily a Droza of milk, to be milked in the house of another person?’ &c. &c.

40. Manu VIII, 162; Yagéavalkya II, 51.

41. Manu VIII, 159-160; YAgnavalkya II, 47, 54; Colebrooke I, Digest 202. Taking into account the parallel passages of Manu and Y4g@avalkya, Haradatta very properly restricts this rule to a bail for the personal appearance of an offender. In explanation of the expression ‘a commercial debt’ he gives the following instance: ‘If a person has borrowed money from somebody on the condition that he is to repay the principal together with the gain thereon, and if he dies in a foreign country, while travelling in order to trade, then that money shall not be repaid by the son.’ The instance explaining the term ‘fee’ (sulka) is as follows: ‘If a person has promised a fee (to the parents of a woman) and dies after the wedding, then that fee does not involve his son, i.e. need not be paid by him.’ The word sulka is, however, ambiguous, and may also mean ‘a tax or toll.’

42. Manu VIII, 189; Yagnavalkya II, 59, 66; Colebrooke II, Digest I, 29. Haradatta declares the meaning to be, that in case the bailee was guilty of no negligence and took the same care of the deposits &c. as of his own property, neither he nor his heirs need make good the value of those which were lost or destroyed.

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44. Whether he be slain or be pardoned, he is purified (of his guilt).

45. If the king does not strike, the guilt falls on him.

as of his own property, neither he nor his heirs need make good the value of those which were lost or destroyed.

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44. Whether he be slain or be pardoned, he is purified (of his guilt).

45. If the king does not strike, the guilt falls on him.

46. Corporal punishment (must) not (be resorted to in the case) of a Brahmamza.

47. Preventing (a repetition of) the deed, publicly proclaiming his crime, banishment, and branding (are the punishments to which a Brahmaza may be subjected).

48. That (king) who does not do his duty (by inflicting punishment) becomes liable to perform a penance.

49. (A man who) knowingly (becomes) the servant
(of a thief shall be treated) like a thief,

50. Likewise he who (knowingly) receives (goods) from (a thief or) an unrighteous man.

51. The award of the punishment (must be regulated) bya consideration (of the status) of the criminal, of his (bodily) strength, of (the nature of) the crime, and whether the offence has been repeated.

52, Or a pardon (may be given) in accordance with the opinion of an assemblage of persons learned in the Vedas.

45- Apastamba I, 9, 25, 5.

46. Manu VIII, 124 ie Macnaghten, Mitaksharé III, #9 9.

47. Manu IX, 239, 241; Apastamba II, 10, 27, 8, 17-19;
Macnaghten loc. cit. Karmaviyoga, ° preventing (a repetition of) the
deed,’ may also mean ‘ suspension from (his priestly) functions,’

48. Apastamba II, 11, 28, 13.

49-50. Manu IX, 278; Yagéavalkya II, 276.

51. Manu VII, 16; VIII, 126; Yagnavalkya I, 367.

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Cuarter XIII.

1. In disputed cases the truth shall be established by means of witnesses.

2. The (latter) shall be many, faultless as regards the performance of their duties, worthy to be trusted by the king, and free from affection for, or hatred against either (party).

3. (They may be) Sddras even.

4. But a Brahmavza must not be forced (to give evidence) at the word of a non-Braéhmama, except if he is mentioned (in the plaint).

5. (Witnesses) shall not speak singly or without being asked, .

6. And if, (being asked,) they do not answer, they are guilty of a crime.

7. Heaven is their reward, if they speak the

XIII. 1. Manu VII, 45; Yagfavalkya II, 22.

2. Apastamba II, 11, 29, 7. ‘Many means at least three.’—
Haradatta.

3. Manu VIII, 63. I.e. Sfdras endowed with the qualities mentioned above.

4. Manu VIII, 65. ‘A Brahmavza means here a Srotriya. Ifa man other than a Brahmaaa says: “This Brahmama is a witness of this fact,” then the (Srotriya) shall not be forced to become, i.e. not be taken as a witness, provided he has not been mentioned, i.e. he has not been entered in the written plaint (as one of the witnesses). But if he has been entered in the plaint, he certainly becomes a witness.’—Haradatta.

not be taken as a witness, provided he has not been mentioned, i.e. he has not been entered in the written plaint (as one of the witnesses). But if he has been entered in the plaint, he certainly becomes a witness.’—Haradatta.

5. Manu VIII, 79; Macnaghten, Mitékshara VI, 1,21. In the Mitakshara the Sftra is read ndsamavetéh prishfA prabrfyud, ‘witnesses need not answer if they are examined singly.’ Mitramista in the Vframitrodaya says that Haradatta’s reading of the text is the same, and that his explanation does not agree with it.

6. Manu VIII, 107; Yagnavalkya II, 76-77.

1. Apastamba II, 11, 29, g-10.

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truth; in the contrary case hell (will be their portion).

8. (Persons) not mentioned (in the plaint), must also give evidence.

9. No objection (can be raised against witnesses) in a case of (criminal) hurt,

10. Nor if they have spoken inadvertently.

11. If the sacred law or the rules (referring to worldly matters) are violated, the guilt (falls) on the witnesses, the assessors, the king, and on the offender.

12, Some (declare, that the witnesses) shall be charged on oath to speak the truth.

13. In the case of others than Brahmavas that (oath shall be sworn) in the presence of the gods, of the king, and of Brahmamas.

14. By false evidence concerning small cattle a witness kills ten,

15. (By false evidence) regarding cows, horses, men, or land, in each succeeding case ten times as many (as in the one mentioned before),

9. Manu VIII, 72; Y4gnavalkya II, 72.

to. ‘ Negligence, i.e. inadvertence. If anything has been spoken at random by a witness in a conversation referring to something else (than the case), no blame must be thrown on him for that reason,’— Haradatta.

11. Manu VIII, 18. The translation follows Haradatta. Perhaps it would, however, be as well to take dharmatantra, ‘the sacred law and the rules referring to worldly matters,’ as a Tatpurusha, and to translate, ‘If there is a miscarriage of justice, the guilt,’ &c.

12-13. Apastamba II, 11, 29, 7.

14-22. Manu VIII, 98-100. ‘By speaking an untruth regarding them, the witness kills ten. Ten what? Even ten (of that kind) regarding which he has lied. His guilt is as great as if he actually killed ten of them, and the punishment (is the same). Equal penances must also be prescribed for both cases.’—Haradatta.

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16. Or (by false evidence) regarding land the whole (human race).

17. Hell (is the punishment) for a theft of land.

18. (By false evidence) concerning water (he incurs) the same (guilt) as (for an untruth) about land,

19. Likewise (by false evidence) regarding (criminal) intercourse.

20. (By false evidence) regarding honey or clarified butter (he incurs) the same (guilt) as (by an untruth) about small cattle,

21. (By false evidence) about clothes, gold, grain, and the Veda, the same as (by an untruth) about kine,