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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
118, Let an ordeal be administered according to the established rule by persons acquainted with the rule of ordeals. If it is administered against the rule, ‘it is ineffective as a means of proving what ought to be proved. . 19. If one who has been subjected to the ordeal by balance goes down on being weighed (for the second time), he shall be held guilty. If he remains level, he shall be balanced once more. If he rises, he gains his cause. 20. Should the scale break, or the balance, or beam, or iron hooks split, or the strings burst, or the transverse beam split, he would have to be declared guilty. 15. Nearly identical with Narada, Appendix, 62 (p. 232). 16. Viram. p. 242. ‘ 17. Smritiz. likhite sAkshivade 4a samdeho yatra gayate | anuméfne fa sambhrinte tatra daivam visodhanam It 18. Zod. yathoktavidhina deyam divyam divyavisdradaiz \ayathoktapradattam tu na satyam sddhyasadhane it 19. Viram. p. 253. 20. Viram. p. 254. 318 BRIHASPATI. X, ar. 21. (In the ordeal by water) he should immerse the individual in water and discharge three arrows. 22. He is acquitted (in the ordeal by poison) who has digested poison, which has been given to him according to rule, without the application of spells or antidotes. Otherwise he should be punished and compelled to pay the sum in dispute. 23. To whatsoever deity the accused happens to be devoted, let (the judge) bathe the weapon of that deity in water, and give him to drink three handfuls of it. 24. He to whom no calamity happens, within a week or a fortnight, (either to himself or) to his son, wife or property, is innocent beyond doubt. 25. Let a man chew grains of rice after having kept a fast and purified himself, at a time when the sun is not visible. He is acquitted if what he spits" out is pure ; but if it be mixed with blood, he must be (held) guilty. 26. Let (the person) take a hot piece of gold out of (a mixture of) well-heated oil and butter. 27. He whose fingers’ ends do not tremble, and who does not become blistered, is acquitted according to law, as has been declared by Pitamaha. 28. Iron twelve Palas in weight should be formed into what is called a ploughshare. It should be eight Angulas long by four Angulas broad. 21. Viram. p. 271. 22. Viram. p. 276. 23. Viram. p: 280. 24. Viram. p. 281. 25. Viram. p. 282. The Zodarfnanda attributes to Brrhaspati another text identical with Narada I, 25, 342 (above, p. 119). 26. Viram. p. 283. 27. Vfram. p. 284. The same text occurs in the Nepalese Narada. 28, 29. Viram. p. 28g. Some texts relating to this kind of . XI, 1. THE LAW OF DEBT. 319 29. (The ploughshare) having been made red-hot in fire, a thief should be made to lick at it once with his tongue. If he is not burnt, he obtains acquittal. Otherwise he loses his cause. 30. (Images of) Dharma and Adharma, one black and the other white, should be painted on two leaves. Then they should be invoked with prayers producing life or others, and with the G4yatri or other SAamans,
2If he is not burnt, he obtains acquittal. Otherwise he loses his cause. 30. (Images of) Dharma and Adharma, one black and the other white, should be painted on two leaves. Then they should be invoked with prayers producing life or others, and with the G4yatri or other SAamans, 31. And should be worshipped with perfumes and with white and black flowers, sprinkled with the five products of a cow, and enclosed in balls made of earth afterwards. 32. After having been made equal in size, they should be placed unobserved in a fresh jar. Then the person should take one ball out of the vessel at the bidding (of the judge). 33. If he takes out Dharma, he is acquitted, and should be honoured by the (appointed) examiners. XI. Tue Law or DEst. 1. A creditor should never lend money without having first secured a pledge of adequate value, or a ordeal are found in the Nepalese Narada as well, but they are very incorrectly given in the MS. ‘The judge, after having placed a ploughshare of the size stated in the text into a fire kindled for that purpose, should perform the whole general rite of ordeals, beginning with the invocation addressed to Dharma and ending with the fixing of a writing on the head of the person. Then, after addressing the fire with the text previously quoted (of Pit&maha), “Thou, O Agni,” &c., and after causing the person to address the fire with the text previously quoted, “Thou, O Agni, (livest) in all beings” (YAg#avalkya II, 104), he should cause the person to lick (at the ploughshare).’ Viram., Smritié. 30-33. Viram. p. 286. ‘Prayers producing life,’ such as e.g. Rig-veda X, 57,1; Viram. XI, 1. May. p. 102; Col. Dig. I, 1,11. The commentators agree 320 BRIHASPATI. XI, 2. deposit, or a trustworthy surety; nor without a bond written (by the debtor himself) or attested (by subscribing witnesses). 2. That (loan) is termed kustda (a loan on interest) which is exacted by persons apprehending no sin (from the act), from a mean (kutsita) or wretched (sidat) man, after having been increased to four or eight times the original amount (through the interest accruing on it). 3. An eightieth part (of the principal) accrues as interest on it (every month); and it is certainly doubled by such interest within a third of a year less than seven years (that is to say, within six years and eight months). 4. Interest is declared (by some) to be of four
33. An eightieth part (of the principal) accrues as interest on it (every month); and it is certainly doubled by such interest within a third of a year less than seven years (that is to say, within six years and eight months). 4. Interest is declared (by some) to be of four in explaining the term 4dhi, ‘a pledge,’ as denoting a pledge to be used, such as e.g. a cow to be used with her milk, or landed property pledged together with its produce. The term bandha, ‘a deposit,’ is supposed to denote a pledge which must not be used ; according to the Mayfkha, however, it means a pledge which is not actually delivered to the creditor, the debtor merely promising not to alienate it. ‘A pledge of adequate value’ is one corresponding in value to the principal together with the interest. Viram. p- 293. The term s&kshimat, ‘attested,’ is referred to a debt contracted orally before witnesses, both by Colebrooke (Dig. I, 1, 11) and Mandlik (May. loc. cit.). This, however, is opposed to the gloss of the Viramitrodaya. 2. May. p. 102; Col. Dig. I, 1, 3. It is hardly necessary to point out that the etymology here proposed of the term kusida, ‘a loan on interest,’ is entirely fanciful. It is really derived from ku and sida, and denotes ‘ that which adheres closely, and cannot easily be got rid of.’ The commentators explain the clause ‘apprehending no sin’ to imply that it is sinful otherwise to accept a gift from an unworthy person. 3. Smriti.; Col. Dig. I, 2, 26. asftibhago vardheta labhe dvigunatim iy4t \ prayuktam saptabhir varshais tribhagonair na sassayah It 4-8. Viram. pp. 294, 295; Col. Dig. I, 2, 35. XI, 11. THE LAW OF DEBT. 321 sorts ; by others, it is stated to be fivefold; and by others again, it is said to be of six kinds. Learn their (various) qualities. 5. K&yika (bodily interest); k4lika (periodical interest); 4akravrzddhi (compound interest) ; karita (stipulated interest); sikhAavyzddhi (hair-interest) ; and bhogalabha (interest by enjoyment): such are the six kinds of interest. 6. K4yiké interest is connected with bodily labour; kaliké is due every month; 4akravvzddhi is interest on interest; k4rité is interest promised by the borrower. 7, 8. When interest is received every day, it is termed sikhAvrzddhi (hair-interest, because it grows every day). Because it grows constantly like hair, and does not cease growing except on the loss of the head, that is to say, on payment of the principal, therefore it is called hair-interest. The use of a (mortgaged) house, or the produce of a field, is termed bhogalabha (interest by enjoyment). 9. That k4rit4 (stipulated) interest has to be paid always, which has been stipulated by the debtor himself, over and above (the ordinary rate of interest), and has been promised in times of distress. 10. When (such special) interest has been stipulated in any other manner, it must not be paid by any means. 11. Hair-interest, bodily interest, and interest by 7
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.
118, Let an ordeal be administered according to the established rule by persons acquainted with the rule of ordeals. If it is administered against the rule, ‘it is ineffective as a means of proving what ought to be proved. . 19. If one who has been subjected to the ordeal by balance goes down on being weighed (for the second time), he shall be held guilty. If he remains level, he shall be balanced once more. If he rises, he gains his cause. 20. Should the scale break, or the balance, or beam, or iron hooks split, or the strings burst, or the transverse beam split, he would have to be declared guilty. 15. Nearly identical with Narada, Appendix, 62 (p. 232). 16. Viram. p. 242. ‘ 17. Smritiz. likhite sAkshivade 4a samdeho yatra gayate | anuméfne fa sambhrinte tatra daivam visodhanam It 18. Zod. yathoktavidhina deyam divyam divyavisdradaiz \ayathoktapradattam tu na satyam sddhyasadhane it 19. Viram. p. 253. 20. Viram. p. 254. 318 BRIHASPATI. X, ar. 21. (In the ordeal by water) he should immerse the individual in water and discharge three arrows. 22. He is acquitted (in the ordeal by poison) who has digested poison, which has been given to him according to rule, without the application of spells or antidotes. Otherwise he should be punished and compelled to pay the sum in dispute. 23. To whatsoever deity the accused happens to be devoted, let (the judge) bathe the weapon of that deity in water, and give him to drink three handfuls of it. 24. He to whom no calamity happens, within a week or a fortnight, (either to himself or) to his son, wife or property, is innocent beyond doubt. 25. Let a man chew grains of rice after having kept a fast and purified himself, at a time when the sun is not visible. He is acquitted if what he spits" out is pure ; but if it be mixed with blood, he must be (held) guilty. 26. Let (the person) take a hot piece of gold out of (a mixture of) well-heated oil and butter. 27. He whose fingers’ ends do not tremble, and who does not become blistered, is acquitted according to law, as has been declared by Pitamaha. 28. Iron twelve Palas in weight should be formed into what is called a ploughshare. It should be eight Angulas long by four Angulas broad. 21. Viram. p. 271. 22. Viram. p. 276. 23. Viram. p: 280. 24. Viram. p. 281. 25. Viram. p. 282. The Zodarfnanda attributes to Brrhaspati another text identical with Narada I, 25, 342 (above, p. 119). 26. Viram. p. 283. 27. Vfram. p. 284. The same text occurs in the Nepalese Narada. 28, 29. Viram. p. 28g. Some texts relating to this kind of . XI, 1. THE LAW OF DEBT. 319 29. (The ploughshare) having been made red-hot in fire, a thief should be made to lick at it once with his tongue. If he is not burnt, he obtains acquittal. Otherwise he loses his cause. 30. (Images of) Dharma and Adharma, one black and the other white, should be painted on two leaves. Then they should be invoked with prayers producing life or others, and with the G4yatri or other SAamans,
2If he is not burnt, he obtains acquittal. Otherwise he loses his cause. 30. (Images of) Dharma and Adharma, one black and the other white, should be painted on two leaves. Then they should be invoked with prayers producing life or others, and with the G4yatri or other SAamans, 31. And should be worshipped with perfumes and with white and black flowers, sprinkled with the five products of a cow, and enclosed in balls made of earth afterwards. 32. After having been made equal in size, they should be placed unobserved in a fresh jar. Then the person should take one ball out of the vessel at the bidding (of the judge). 33. If he takes out Dharma, he is acquitted, and should be honoured by the (appointed) examiners. XI. Tue Law or DEst. 1. A creditor should never lend money without having first secured a pledge of adequate value, or a ordeal are found in the Nepalese Narada as well, but they are very incorrectly given in the MS. ‘The judge, after having placed a ploughshare of the size stated in the text into a fire kindled for that purpose, should perform the whole general rite of ordeals, beginning with the invocation addressed to Dharma and ending with the fixing of a writing on the head of the person. Then, after addressing the fire with the text previously quoted (of Pit&maha), “Thou, O Agni,” &c., and after causing the person to address the fire with the text previously quoted, “Thou, O Agni, (livest) in all beings” (YAg#avalkya II, 104), he should cause the person to lick (at the ploughshare).’ Viram., Smritié. 30-33. Viram. p. 286. ‘Prayers producing life,’ such as e.g. Rig-veda X, 57,1; Viram. XI, 1. May. p. 102; Col. Dig. I, 1,11. The commentators agree 320 BRIHASPATI. XI, 2. deposit, or a trustworthy surety; nor without a bond written (by the debtor himself) or attested (by subscribing witnesses). 2. That (loan) is termed kustda (a loan on interest) which is exacted by persons apprehending no sin (from the act), from a mean (kutsita) or wretched (sidat) man, after having been increased to four or eight times the original amount (through the interest accruing on it). 3. An eightieth part (of the principal) accrues as interest on it (every month); and it is certainly doubled by such interest within a third of a year less than seven years (that is to say, within six years and eight months). 4. Interest is declared (by some) to be of four
33. An eightieth part (of the principal) accrues as interest on it (every month); and it is certainly doubled by such interest within a third of a year less than seven years (that is to say, within six years and eight months). 4. Interest is declared (by some) to be of four in explaining the term 4dhi, ‘a pledge,’ as denoting a pledge to be used, such as e.g. a cow to be used with her milk, or landed property pledged together with its produce. The term bandha, ‘a deposit,’ is supposed to denote a pledge which must not be used ; according to the Mayfkha, however, it means a pledge which is not actually delivered to the creditor, the debtor merely promising not to alienate it. ‘A pledge of adequate value’ is one corresponding in value to the principal together with the interest. Viram. p- 293. The term s&kshimat, ‘attested,’ is referred to a debt contracted orally before witnesses, both by Colebrooke (Dig. I, 1, 11) and Mandlik (May. loc. cit.). This, however, is opposed to the gloss of the Viramitrodaya. 2. May. p. 102; Col. Dig. I, 1, 3. It is hardly necessary to point out that the etymology here proposed of the term kusida, ‘a loan on interest,’ is entirely fanciful. It is really derived from ku and sida, and denotes ‘ that which adheres closely, and cannot easily be got rid of.’ The commentators explain the clause ‘apprehending no sin’ to imply that it is sinful otherwise to accept a gift from an unworthy person. 3. Smriti.; Col. Dig. I, 2, 26. asftibhago vardheta labhe dvigunatim iy4t \ prayuktam saptabhir varshais tribhagonair na sassayah It 4-8. Viram. pp. 294, 295; Col. Dig. I, 2, 35. XI, 11. THE LAW OF DEBT. 321 sorts ; by others, it is stated to be fivefold; and by others again, it is said to be of six kinds. Learn their (various) qualities. 5. K&yika (bodily interest); k4lika (periodical interest); 4akravrzddhi (compound interest) ; karita (stipulated interest); sikhAavyzddhi (hair-interest) ; and bhogalabha (interest by enjoyment): such are the six kinds of interest. 6. K4yiké interest is connected with bodily labour; kaliké is due every month; 4akravvzddhi is interest on interest; k4rité is interest promised by the borrower. 7, 8. When interest is received every day, it is termed sikhAvrzddhi (hair-interest, because it grows every day). Because it grows constantly like hair, and does not cease growing except on the loss of the head, that is to say, on payment of the principal, therefore it is called hair-interest. The use of a (mortgaged) house, or the produce of a field, is termed bhogalabha (interest by enjoyment). 9. That k4rit4 (stipulated) interest has to be paid always, which has been stipulated by the debtor himself, over and above (the ordinary rate of interest), and has been promised in times of distress. 10. When (such special) interest has been stipulated in any other manner, it must not be paid by any means. 11. Hair-interest, bodily interest, and interest by 7
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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