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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
110. (The king) shall confiscate the whole wealth of him who violates an unwilling woman, and having caused his penis and scrotum to be cut off, shall cause him to be paraded on an ass. 11. When a man enjoys a woman by fraud, his punishment shall be confiscation of his entire wealth, and he shall afterwards be branded with the mark of a female part and banished from the town. 12. The highest fine (shall be inflicted for connexion) with a woman of equal caste; half of that (for connexion) with a woman of inferior caste; but a man who has connexion with a woman of higher caste than his own, shall be put to death. 13. When a woman has been enjoyed against her g. Ratn. p. 384; Viram. p. 506; Viv. p. 202; May. p. 149. The May(ikha as printed reads this text differently, but one MS. of it “agrees with the other compilations. 10. Ratn. p. 388; Viv. p. 212; May. p. 148. 11,12. Ratn. p. 389; Viv. p. 213; May. p.149. The reading of the Mayfkha seems to be wrong. This rule (12) is declared to apply to those cases where force or deception has not been used. Ratn., Viv. 11. Viram. p. 506. 13,14. Ratn.p. 400. For the Krikshra (Pragdpatya) and Paraka penances, see Manu XI, 212, 216. XXIV, 3- DUTIES OF MAN AND WIFE. 367 will, she shall be kept in the house well guarded, smeared (with ashes), lying on a low couch, and receiving a bare maintenance only. 14. To atone for her sin, she shall be caused to perform the Kvzéé&Ara or Pardka penance, in case she had intercourse with her equal in caste; but if she has been enjoyed by a man of inferior caste, she shall be abandoned and put to death. 15. When a woman comes to a man’s house and excites his concupiscence by touching him or the like acts, she shall be punished ; half of her punishment shall be inflicted on the man. 16. Her nose, lips, and ears having been cut off, she shall be paraded in the streets and plunged into water; or she shall be torn to pieces by dogs ina public place frequented by many persons. XXIV. Duties or Man anp WIFE. 1. The whole set of commandments concerning adultery has thus been stated; listen to me proclaiming the conduct prescribed for man and wife. 2. A woman must be restrained from slight transgressions even by her relations; by night and by day she must be watched by her mother-in-law and other wives belonging to the family. 3. A father who does not give his daughter in 15. Viram. p. 513; Viv. p. 217. 16. Viv. p. 217. XXIV, 1. Ratn. p. 409; Col. Dig. IV, 1, 1. 2. Ratn. p. 411; Col. Dig. IV, 1, 12. 3. Ratn. p. 412; Col. Dig. IV, 1, 15; Viv. p. 220. Regarding the time favourable for procreation, see Manu III, 46. 368 BRIHASPATI. XXIV, 4. marriage in proper time (before she has reached maturity), a husband who has not connexion with his wife at the time favourable for procreation, and _a son who does not support his mother: all such deserve contempt and shall be punished as ordained in law.
2368 BRIHASPATI. XXIV, 4. marriage in proper time (before she has reached maturity), a husband who has not connexion with his wife at the time favourable for procreation, and _a son who does not support his mother: all such deserve contempt and shall be punished as ordained in law. 4. Employing (a woman) in the receipt and expenditure (of wealth), in the preparation of food, in ’ the preservation of domestic utensils, in purification, and in the care of the (sacred household) fire, is declared to be the (best) way of guarding women. 5. Let not a woman reside in another man’s house, separated from her father, husband, or sons; by (giving way to) malicious propensities, particularly, she is sure to lose her reputation. 6. Rising before (the others), paying reverence to the elders of the family, preparing food and condiments, and using a low seat and bed: thus have the duties of women been declared. 7. Drinking (spirituous liquor), rambling abroad, sleeping by day, and neglect of her daily duties, are faults disgracing a woman. 8. That wife is declared to be devoted to her husband who is afflicted when he is afflicted, pleased when he is happy, squalid and languid when he is absent, and who dies when he dies. g. While her husband is absent, a woman must avoid decorating herself, as well as dancing, singing, . Ratn. p. 416; Col. Dig. IV, 1, 31; Viram. p. 419. . Ratn. p. 427. . Ratn. p. 428; Col. Dig. IV, 2, go. . Ratn. p. 431; Col. Dig. IV, 2, 100. . Ratn. p. 436; Col. Dig. IV, 2, 107. See rr. . Ratn. p. 439; Col, Dig. IV, 2, 118. Oo ONT an » XXV, 1. THE LAW OF INHERITANCE. 369 looking on at public spectacles or festivals, and using meat or intoxicating drinks. 10. A wife practising religious austerities, fasting and preserving her chastity, self-controlled and liberal always, goes to heaven even though she have no son. 11. A wife is considered half the body (of her husband), equally sharing the result of his good or wicked deeds; whether she ascends the pile after him, or chooses to survive him leading a virtuous life, she promotes the welfare of her husband. 12. The Niyoga (appointment of a widow to raise offspring to her deceased lord) has been declared by Manu, and again prohibited by the same; on account of the successive deterioration of the (four) ages of the world, it must not be practised by mortals (in the present age) according to law. 13. In the ages Krzta, Tret4é, and Dv4para, men were imbued with devotion and sacred knowledge ; in the (present or) Kali age, a decrease of its power has been ordained for the human race. 14. The various sons who were appointed by ancient sages cannot be adopted now by men of the present age, as they are destitute of power. XXV. Tue Law or INHERITANCE. 1. After the death of both parents, division of the property among brothers has been ordained (to take ro. Ratn. p. 4433 Col. Dig. IV, 3, 138.
3XXV. Tue Law or INHERITANCE. 1. After the death of both parents, division of the property among brothers has been ordained (to take ro. Ratn. p. 4433 Col. Dig. IV, 3, 138. 11. Ratn. p. 442; Col. Dig. IV, 3,132. It appears from these texts that Brrhaspati advocates the custom of Sattf (self-immolation of the widow) as an optional rite only, in common with Vishnu and other Indian legislators and jurists. 12-14. Ratn. pp. 449, 450; Col. Dig. V, 4, 279 and IV, 4, 157. See Manu I, 81-86; IX, 56-70. XXV, 1. Col. Dig. V, 2, 99,115; D. II, 1; May. p. 39; V. p. 46; (33] Bb 370 BRIHASPATI. XXV, 2. place). It may take place even in their lifetime, if the mother be past child-bearing. 2. Houses and landed property inherited from an ancestor shall be shared equally by the father and sons; but the sons cannot claim a share of their father’s own property without the consent of the father. 3. Of property acquired by the grandfather, whether immovable or movable, father and son are declared to be entitled to equal shares. ‘4. Those (sons) for whom their shares have been arranged by the father, whether equal, less, or greater, must be compelled to abide by such arrangement. Otherwise (if they try to alter the arrangement), they shall be punished. 5. When a partition is made during (the father’s) life, the father shall reserve a couple of shares for himself. 6. The worship of the Manes, gods, and Brahmans by those residing (together) and cooking their food (in one house) is single. But when they divide the Ratn. p. 462. The author of the Dayabhéga and other writers of the Bengal school hold that this rule applies to ancestral wealth only, and that, moreover, the consent of the father is required in every division of his property during his lifetime. In the other schools of law, this text is given its plain meaning. 2. Col. Dig. V, 2, 94 (‘Vyasa’); May. p. 39. The Mayfikha deduces from this text the doctrine, generally held by the followers of the Mitaksharé, that partition of property inherited from a grandfather or more remote ancestor may be instituted by sons even against their father’s wish. 3. Col. Dig. V, 2, 93; D. II, 30; V. p. 66; May. p. 43. 4. Col. Dig. V, 1, 31; D. II, 75; V. p. 56; Ratn. p. 468. 5. Col. Dig. V, 2,97; D. II, 46; Ratn. p. 465. 6. V. pp. 53, 257; Ratn. p. 459; Viv. p. 227; Col. Dig. V, 6, 388. a - XXV, 12. THE LAW OF INHERITANCE, 371 property, (the worship) takes place separately in each house. . 7. Partition among coparceners is declared to be of two kinds; one is with attention to priority of birth, the other consists of the allotment of equal shares. 8. All sons of the twice-born, begotten on women equal in caste (to their husbands), shall take equal shares, after giving a preferential share to the eldest.
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.
110. (The king) shall confiscate the whole wealth of him who violates an unwilling woman, and having caused his penis and scrotum to be cut off, shall cause him to be paraded on an ass. 11. When a man enjoys a woman by fraud, his punishment shall be confiscation of his entire wealth, and he shall afterwards be branded with the mark of a female part and banished from the town. 12. The highest fine (shall be inflicted for connexion) with a woman of equal caste; half of that (for connexion) with a woman of inferior caste; but a man who has connexion with a woman of higher caste than his own, shall be put to death. 13. When a woman has been enjoyed against her g. Ratn. p. 384; Viram. p. 506; Viv. p. 202; May. p. 149. The May(ikha as printed reads this text differently, but one MS. of it “agrees with the other compilations. 10. Ratn. p. 388; Viv. p. 212; May. p. 148. 11,12. Ratn. p. 389; Viv. p. 213; May. p.149. The reading of the Mayfkha seems to be wrong. This rule (12) is declared to apply to those cases where force or deception has not been used. Ratn., Viv. 11. Viram. p. 506. 13,14. Ratn.p. 400. For the Krikshra (Pragdpatya) and Paraka penances, see Manu XI, 212, 216. XXIV, 3- DUTIES OF MAN AND WIFE. 367 will, she shall be kept in the house well guarded, smeared (with ashes), lying on a low couch, and receiving a bare maintenance only. 14. To atone for her sin, she shall be caused to perform the Kvzéé&Ara or Pardka penance, in case she had intercourse with her equal in caste; but if she has been enjoyed by a man of inferior caste, she shall be abandoned and put to death. 15. When a woman comes to a man’s house and excites his concupiscence by touching him or the like acts, she shall be punished ; half of her punishment shall be inflicted on the man. 16. Her nose, lips, and ears having been cut off, she shall be paraded in the streets and plunged into water; or she shall be torn to pieces by dogs ina public place frequented by many persons. XXIV. Duties or Man anp WIFE. 1. The whole set of commandments concerning adultery has thus been stated; listen to me proclaiming the conduct prescribed for man and wife. 2. A woman must be restrained from slight transgressions even by her relations; by night and by day she must be watched by her mother-in-law and other wives belonging to the family. 3. A father who does not give his daughter in 15. Viram. p. 513; Viv. p. 217. 16. Viv. p. 217. XXIV, 1. Ratn. p. 409; Col. Dig. IV, 1, 1. 2. Ratn. p. 411; Col. Dig. IV, 1, 12. 3. Ratn. p. 412; Col. Dig. IV, 1, 15; Viv. p. 220. Regarding the time favourable for procreation, see Manu III, 46. 368 BRIHASPATI. XXIV, 4. marriage in proper time (before she has reached maturity), a husband who has not connexion with his wife at the time favourable for procreation, and _a son who does not support his mother: all such deserve contempt and shall be punished as ordained in law.
2368 BRIHASPATI. XXIV, 4. marriage in proper time (before she has reached maturity), a husband who has not connexion with his wife at the time favourable for procreation, and _a son who does not support his mother: all such deserve contempt and shall be punished as ordained in law. 4. Employing (a woman) in the receipt and expenditure (of wealth), in the preparation of food, in ’ the preservation of domestic utensils, in purification, and in the care of the (sacred household) fire, is declared to be the (best) way of guarding women. 5. Let not a woman reside in another man’s house, separated from her father, husband, or sons; by (giving way to) malicious propensities, particularly, she is sure to lose her reputation. 6. Rising before (the others), paying reverence to the elders of the family, preparing food and condiments, and using a low seat and bed: thus have the duties of women been declared. 7. Drinking (spirituous liquor), rambling abroad, sleeping by day, and neglect of her daily duties, are faults disgracing a woman. 8. That wife is declared to be devoted to her husband who is afflicted when he is afflicted, pleased when he is happy, squalid and languid when he is absent, and who dies when he dies. g. While her husband is absent, a woman must avoid decorating herself, as well as dancing, singing, . Ratn. p. 416; Col. Dig. IV, 1, 31; Viram. p. 419. . Ratn. p. 427. . Ratn. p. 428; Col. Dig. IV, 2, go. . Ratn. p. 431; Col. Dig. IV, 2, 100. . Ratn. p. 436; Col. Dig. IV, 2, 107. See rr. . Ratn. p. 439; Col, Dig. IV, 2, 118. Oo ONT an » XXV, 1. THE LAW OF INHERITANCE. 369 looking on at public spectacles or festivals, and using meat or intoxicating drinks. 10. A wife practising religious austerities, fasting and preserving her chastity, self-controlled and liberal always, goes to heaven even though she have no son. 11. A wife is considered half the body (of her husband), equally sharing the result of his good or wicked deeds; whether she ascends the pile after him, or chooses to survive him leading a virtuous life, she promotes the welfare of her husband. 12. The Niyoga (appointment of a widow to raise offspring to her deceased lord) has been declared by Manu, and again prohibited by the same; on account of the successive deterioration of the (four) ages of the world, it must not be practised by mortals (in the present age) according to law. 13. In the ages Krzta, Tret4é, and Dv4para, men were imbued with devotion and sacred knowledge ; in the (present or) Kali age, a decrease of its power has been ordained for the human race. 14. The various sons who were appointed by ancient sages cannot be adopted now by men of the present age, as they are destitute of power. XXV. Tue Law or INHERITANCE. 1. After the death of both parents, division of the property among brothers has been ordained (to take ro. Ratn. p. 4433 Col. Dig. IV, 3, 138.
3XXV. Tue Law or INHERITANCE. 1. After the death of both parents, division of the property among brothers has been ordained (to take ro. Ratn. p. 4433 Col. Dig. IV, 3, 138. 11. Ratn. p. 442; Col. Dig. IV, 3,132. It appears from these texts that Brrhaspati advocates the custom of Sattf (self-immolation of the widow) as an optional rite only, in common with Vishnu and other Indian legislators and jurists. 12-14. Ratn. pp. 449, 450; Col. Dig. V, 4, 279 and IV, 4, 157. See Manu I, 81-86; IX, 56-70. XXV, 1. Col. Dig. V, 2, 99,115; D. II, 1; May. p. 39; V. p. 46; (33] Bb 370 BRIHASPATI. XXV, 2. place). It may take place even in their lifetime, if the mother be past child-bearing. 2. Houses and landed property inherited from an ancestor shall be shared equally by the father and sons; but the sons cannot claim a share of their father’s own property without the consent of the father. 3. Of property acquired by the grandfather, whether immovable or movable, father and son are declared to be entitled to equal shares. ‘4. Those (sons) for whom their shares have been arranged by the father, whether equal, less, or greater, must be compelled to abide by such arrangement. Otherwise (if they try to alter the arrangement), they shall be punished. 5. When a partition is made during (the father’s) life, the father shall reserve a couple of shares for himself. 6. The worship of the Manes, gods, and Brahmans by those residing (together) and cooking their food (in one house) is single. But when they divide the Ratn. p. 462. The author of the Dayabhéga and other writers of the Bengal school hold that this rule applies to ancestral wealth only, and that, moreover, the consent of the father is required in every division of his property during his lifetime. In the other schools of law, this text is given its plain meaning. 2. Col. Dig. V, 2, 94 (‘Vyasa’); May. p. 39. The Mayfikha deduces from this text the doctrine, generally held by the followers of the Mitaksharé, that partition of property inherited from a grandfather or more remote ancestor may be instituted by sons even against their father’s wish. 3. Col. Dig. V, 2, 93; D. II, 30; V. p. 66; May. p. 43. 4. Col. Dig. V, 1, 31; D. II, 75; V. p. 56; Ratn. p. 468. 5. Col. Dig. V, 2,97; D. II, 46; Ratn. p. 465. 6. V. pp. 53, 257; Ratn. p. 459; Viv. p. 227; Col. Dig. V, 6, 388. a - XXV, 12. THE LAW OF INHERITANCE, 371 property, (the worship) takes place separately in each house. . 7. Partition among coparceners is declared to be of two kinds; one is with attention to priority of birth, the other consists of the allotment of equal shares. 8. All sons of the twice-born, begotten on women equal in caste (to their husbands), shall take equal shares, after giving a preferential share to the eldest.
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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