Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1The author of the Viramitrodaya (p. 450) observes expressly that the term vadha denotes corporal punishment, and not execution, in this place. The other commentators agree with him. Manu VIII, 241; Yagaavalkya II, 161 ; Gautama XII, 26; Vishzu V, 146. The Nepalese MS. omits this paragraph. . 30. The reason why horses and elephants have to be kept off is given in paragraph 32. Horses and elephants were used for the purposes of war principally. Manu VIII, 242; YAag#avalkya II, 163, &c. 31. Vishnu V, 140-144; Gautama XII, 22-25; YAgaavalkya Il, 159. 32, 33- Manu VIII, 242; Vishnu V, 150; Yagfavalkya II, 163. The Nepalese MS. has ‘a pregnant cow’ for ‘a strayed cow.’ [33] M 162 NARADA. XI, 33- of one that has recently calved, and of one unmanageable. 33. (As also to the owner of) one that has lost her way, or broken down, or stuck (in marshy ground), or (of) a bull marked with the sign of consecration. Four times (the amount of the damage done) is declared (to be the fine) in the case of (a cow) whose nostrils have been pierced and who abides in the field. * 34. When the cattle lie down in the field (after grazing), the fine to be inflicted shall be double; when they remain (in the field for the night), it shall be four times (the ordinary amount); when they graze in the sight (of the keeper), that man shall be punished even as a thief. * 35. When cows, straying through the fault of 33- The genuineness of this paragraph appears doubtful, because some of the propositions contained in it are nearly identical with the rules laid down in the paragraphs immediately preceding and following it. Besides, the language of this paragraph is obscure, and it is not given in any commentary nor in the Nepalese MS. The solemn ceremony of setting a bull at liberty and consecrating him to the gods, with a mark on each flank, is described by Vishnu, chapter LXXXVI, and in the Grzhya-sftras. Piercing the nostrils of a barren cow is mentioned as an offence by Manu VIII, 325. It does not become clear why damage done by a cow of this sort should be a greater offence than damage done by an ordinary cow. 34. ‘When they lie down in the field,’ after having eaten their fill. ‘When they remain,’ when they spend the night in the field, after grazing. Vivadatintamani, Gagannatha, &c. ‘In the sight of the keeper:’ thus according to Gagann&tha (Colebrooke’s Digest, TIT, 4, 46’. The correctness of his interpretation is confirmed by Yagfavalkya II, 162. According to the Vivadafintamani (p. 67), the meaning is this, that the cattle are allowed to graze by the keeper, in the sight of the proprietor of the field, and in spite of the remonstrances of the latter. Vishnu V, 145; YAgfavalkya II, 160, 162. XI, 39. TRESPASSING CATTLE. 163 their keeper, have entered a field, no punishment shall be inflicted on the owner of the cows; the herdsman (alone) is punishable (for the damage done by them).
2Vishnu V, 145; YAgfavalkya II, 160, 162. XI, 39. TRESPASSING CATTLE. 163 their keeper, have entered a field, no punishment shall be inflicted on the owner of the cows; the herdsman (alone) is punishable (for the damage done by them). * 36. When (a herdsman) has been seized by the king or (devoured) by an alligator, or struck by Indra’s thunderbolt, or bitten by a serpent, or fallen from a tree, * 37. Or killed by a tiger or other (ferocious animal), or smitten by a disease of any sort, no offence can be imputed either to the herdsman or to the owner of the cattle. * 38. When a man claims damages for grain consumed by cattle (grazing in his field), that quantity of grain must be restored to him (by the owner of the cattle), which has been consumed in the field in the estimation of the neighbours. * 39. The cows shall be given up to their owner, and the grain to the husbandman. In the same way a fine shall be imposed on the herdsman when grain has been trodden down (by cows). 36. ‘Seized by the king,’ employed in the king’s business. See Colebrooke’s Digest, III, 4, 52. 37. This paragraph is omitted in the Nepalese MS. 38. Gautama XII, 26; Manu VIII, 241; Y4gaavalkya II, 161. The Nepalese MS. inserts a spurious verse here, the first half of which is identical with Manu IX, 37, and the second half identical with NArada XI, 22. 39. The meaning of the injunction to give up the cows seems to be this, that the owner of the cows shall not at once recover them, when they have been seized by the proprietor of the field, after doing damage in the field. The Vivadatintémani has a different reading of this clause: gavatram gomin4 deyam. This is explained as meaning that ‘blades of corn must be made good by the owner of cattle.’ Similar readings are found in other commentaries as well. Apastamba II, 11, 28, 5. M,2 164 NARADA. XI, 40. 40. When a field is situate on the borders of | a village, or contiguous to a pasture ground, or adjacent to a high road, the herdsman is not reprehensible for the destruction of grain (in that field), if the field is not protected by a fence. * 41. On (that side of) the field which faces the road a fence shall be made over which a camel cannot look, nor cattle or horses jump, and which a boar cannot break through. . * 42. A householder’s house and his field are considered as the two fundaments of his existence. Therefore let not the king upset either of them; for that is the root of householders. 43. When his people are flourishing, the religious merit and the treasure of a king are sure to be in a flourishing state as well. When (the people) cease to prosper, (his merit and his treasure) are sure to abate as well. Therefore he must never lose sight of (that) cause of prosperity. TWELFTH TITLE OF LAW. Tue Mutua Duties or Husspanp AND WIFE. * 1, That title of law in which the legal rules for women and men regarding marriage and the other
3Therefore he must never lose sight of (that) cause of prosperity. TWELFTH TITLE OF LAW. Tue Mutua Duties or Husspanp AND WIFE. * 1, That title of law in which the legal rules for women and men regarding marriage and the other 40. ‘Pasture ground,’ a meadow reserved for feeding cows or other cattle. Ratnakara. See Colebrooke’s Digest, III, 4, 27. Manu VIII, 238, 240; Vishnu V, 147, 148; Gautama XII, 21; YAgfavalkya II, 162. 41. Manu VIII, 239. 42. This maxim shows that the compiler of the Narada-smriti wrote for an essentially agricultural people. XII, 1. Manu IX, 1. XII,g. . CATTLE; HUSBAND AND WIFE. 165 (mutual relations between them) gre laid down is called The Mutual Duties of Husband and Wife. 2. When a woman and man are to unite (as wife and husband), the choice of the bride must take place first of all. The choice of the bride is succeeded by the (ceremony of) joining the bride and bridegroom’s hands. Thus the ceremony (of marriage) is twofold. 3. Of these two parts (of the marriage ceremony) the choice of the bride is declared to lose its binding force, when a blemish is (subsequently) discovered (in either of the two parties). The Mantra (prayer), which is recited during the ceremony of joining the bride and bridegroom’s hands, is the permanent token of matrimony. 4. When a Brahman, Kshatriya, Vaisya, or Sddra takes a wife, it is best for him to take her out of his own caste; and so is a member of her own caste the (most eligible) husband for a woman (of any caste). 5. A Brahman may marry three wives of different caste, in the direct order of the castes; and so may 2. The Smriti-writers, as a rule, do not mention the act of varana, ‘choice of a bride,’ at all. It appears from the next para- “graph that Narada also does not place it ona par with the ceremony of marriage, which is indissoluble for life. 3. The ‘choice of the bride,’ or betrothal, being dissoluble on the discovery of a blemish (in either party), it follows that the act of joining the bride and bridegroom’s hands, i.e. the ceremony of marriage, must be indissoluble. See, too, paragraph 28. The particular Mantras to be recited during the marriage ceremony are given in the Grrhya-sitras. 4: Apastamba II, 6, 13, 1; Vasish¢ka VIII, 1; Gautama IV, 1; Manu III, 12; YAggiavalkya I, 55. g,6. It is important to note that Narada belongs to that group of Smriti-writers who recognise the legitimacy of marriage unions between Brahmans and Sidra women. Baudhayana I, 8, 16, 1-5; 166 NARADA. XII, 6. a Sidra woman take a husband of any of the three castes above her own. 6. For a Kshatriya, two wives differing (from him) in caste are permitted; for a Vaisya, a single wife differing (from him) in caste. (On the other hand), a Vaisya woman may take a husband of two different castes; and a Kshatriya woman may take a husband of one different caste.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1The author of the Viramitrodaya (p. 450) observes expressly that the term vadha denotes corporal punishment, and not execution, in this place. The other commentators agree with him. Manu VIII, 241; Yagaavalkya II, 161 ; Gautama XII, 26; Vishzu V, 146. The Nepalese MS. omits this paragraph. . 30. The reason why horses and elephants have to be kept off is given in paragraph 32. Horses and elephants were used for the purposes of war principally. Manu VIII, 242; YAag#avalkya II, 163, &c. 31. Vishnu V, 140-144; Gautama XII, 22-25; YAgaavalkya Il, 159. 32, 33- Manu VIII, 242; Vishnu V, 150; Yagfavalkya II, 163. The Nepalese MS. has ‘a pregnant cow’ for ‘a strayed cow.’ [33] M 162 NARADA. XI, 33- of one that has recently calved, and of one unmanageable. 33. (As also to the owner of) one that has lost her way, or broken down, or stuck (in marshy ground), or (of) a bull marked with the sign of consecration. Four times (the amount of the damage done) is declared (to be the fine) in the case of (a cow) whose nostrils have been pierced and who abides in the field. * 34. When the cattle lie down in the field (after grazing), the fine to be inflicted shall be double; when they remain (in the field for the night), it shall be four times (the ordinary amount); when they graze in the sight (of the keeper), that man shall be punished even as a thief. * 35. When cows, straying through the fault of 33- The genuineness of this paragraph appears doubtful, because some of the propositions contained in it are nearly identical with the rules laid down in the paragraphs immediately preceding and following it. Besides, the language of this paragraph is obscure, and it is not given in any commentary nor in the Nepalese MS. The solemn ceremony of setting a bull at liberty and consecrating him to the gods, with a mark on each flank, is described by Vishnu, chapter LXXXVI, and in the Grzhya-sftras. Piercing the nostrils of a barren cow is mentioned as an offence by Manu VIII, 325. It does not become clear why damage done by a cow of this sort should be a greater offence than damage done by an ordinary cow. 34. ‘When they lie down in the field,’ after having eaten their fill. ‘When they remain,’ when they spend the night in the field, after grazing. Vivadatintamani, Gagannatha, &c. ‘In the sight of the keeper:’ thus according to Gagann&tha (Colebrooke’s Digest, TIT, 4, 46’. The correctness of his interpretation is confirmed by Yagfavalkya II, 162. According to the Vivadafintamani (p. 67), the meaning is this, that the cattle are allowed to graze by the keeper, in the sight of the proprietor of the field, and in spite of the remonstrances of the latter. Vishnu V, 145; YAgfavalkya II, 160, 162. XI, 39. TRESPASSING CATTLE. 163 their keeper, have entered a field, no punishment shall be inflicted on the owner of the cows; the herdsman (alone) is punishable (for the damage done by them).
2Vishnu V, 145; YAgfavalkya II, 160, 162. XI, 39. TRESPASSING CATTLE. 163 their keeper, have entered a field, no punishment shall be inflicted on the owner of the cows; the herdsman (alone) is punishable (for the damage done by them). * 36. When (a herdsman) has been seized by the king or (devoured) by an alligator, or struck by Indra’s thunderbolt, or bitten by a serpent, or fallen from a tree, * 37. Or killed by a tiger or other (ferocious animal), or smitten by a disease of any sort, no offence can be imputed either to the herdsman or to the owner of the cattle. * 38. When a man claims damages for grain consumed by cattle (grazing in his field), that quantity of grain must be restored to him (by the owner of the cattle), which has been consumed in the field in the estimation of the neighbours. * 39. The cows shall be given up to their owner, and the grain to the husbandman. In the same way a fine shall be imposed on the herdsman when grain has been trodden down (by cows). 36. ‘Seized by the king,’ employed in the king’s business. See Colebrooke’s Digest, III, 4, 52. 37. This paragraph is omitted in the Nepalese MS. 38. Gautama XII, 26; Manu VIII, 241; Y4gaavalkya II, 161. The Nepalese MS. inserts a spurious verse here, the first half of which is identical with Manu IX, 37, and the second half identical with NArada XI, 22. 39. The meaning of the injunction to give up the cows seems to be this, that the owner of the cows shall not at once recover them, when they have been seized by the proprietor of the field, after doing damage in the field. The Vivadatintémani has a different reading of this clause: gavatram gomin4 deyam. This is explained as meaning that ‘blades of corn must be made good by the owner of cattle.’ Similar readings are found in other commentaries as well. Apastamba II, 11, 28, 5. M,2 164 NARADA. XI, 40. 40. When a field is situate on the borders of | a village, or contiguous to a pasture ground, or adjacent to a high road, the herdsman is not reprehensible for the destruction of grain (in that field), if the field is not protected by a fence. * 41. On (that side of) the field which faces the road a fence shall be made over which a camel cannot look, nor cattle or horses jump, and which a boar cannot break through. . * 42. A householder’s house and his field are considered as the two fundaments of his existence. Therefore let not the king upset either of them; for that is the root of householders. 43. When his people are flourishing, the religious merit and the treasure of a king are sure to be in a flourishing state as well. When (the people) cease to prosper, (his merit and his treasure) are sure to abate as well. Therefore he must never lose sight of (that) cause of prosperity. TWELFTH TITLE OF LAW. Tue Mutua Duties or Husspanp AND WIFE. * 1, That title of law in which the legal rules for women and men regarding marriage and the other
3Therefore he must never lose sight of (that) cause of prosperity. TWELFTH TITLE OF LAW. Tue Mutua Duties or Husspanp AND WIFE. * 1, That title of law in which the legal rules for women and men regarding marriage and the other 40. ‘Pasture ground,’ a meadow reserved for feeding cows or other cattle. Ratnakara. See Colebrooke’s Digest, III, 4, 27. Manu VIII, 238, 240; Vishnu V, 147, 148; Gautama XII, 21; YAgfavalkya II, 162. 41. Manu VIII, 239. 42. This maxim shows that the compiler of the Narada-smriti wrote for an essentially agricultural people. XII, 1. Manu IX, 1. XII,g. . CATTLE; HUSBAND AND WIFE. 165 (mutual relations between them) gre laid down is called The Mutual Duties of Husband and Wife. 2. When a woman and man are to unite (as wife and husband), the choice of the bride must take place first of all. The choice of the bride is succeeded by the (ceremony of) joining the bride and bridegroom’s hands. Thus the ceremony (of marriage) is twofold. 3. Of these two parts (of the marriage ceremony) the choice of the bride is declared to lose its binding force, when a blemish is (subsequently) discovered (in either of the two parties). The Mantra (prayer), which is recited during the ceremony of joining the bride and bridegroom’s hands, is the permanent token of matrimony. 4. When a Brahman, Kshatriya, Vaisya, or Sddra takes a wife, it is best for him to take her out of his own caste; and so is a member of her own caste the (most eligible) husband for a woman (of any caste). 5. A Brahman may marry three wives of different caste, in the direct order of the castes; and so may 2. The Smriti-writers, as a rule, do not mention the act of varana, ‘choice of a bride,’ at all. It appears from the next para- “graph that Narada also does not place it ona par with the ceremony of marriage, which is indissoluble for life. 3. The ‘choice of the bride,’ or betrothal, being dissoluble on the discovery of a blemish (in either party), it follows that the act of joining the bride and bridegroom’s hands, i.e. the ceremony of marriage, must be indissoluble. See, too, paragraph 28. The particular Mantras to be recited during the marriage ceremony are given in the Grrhya-sitras. 4: Apastamba II, 6, 13, 1; Vasish¢ka VIII, 1; Gautama IV, 1; Manu III, 12; YAggiavalkya I, 55. g,6. It is important to note that Narada belongs to that group of Smriti-writers who recognise the legitimacy of marriage unions between Brahmans and Sidra women. Baudhayana I, 8, 16, 1-5; 166 NARADA. XII, 6. a Sidra woman take a husband of any of the three castes above her own. 6. For a Kshatriya, two wives differing (from him) in caste are permitted; for a Vaisya, a single wife differing (from him) in caste. (On the other hand), a Vaisya woman may take a husband of two different castes; and a Kshatriya woman may take a husband of one different caste.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
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