30. Those who act in a contrary manner perish, being born again in various (evil conditions).
31. The advice of the spiritual teacher and the punishment (inflicted by the king) guard them.
32. Therefore a king and a spiritual teacher must not be reviled.
25. Manu XII, 108-113. According to Haradatta this Sutra refers to particularly difficult cases.
26. Apastamba II, 5, 11, 4.
29. Apastamba II, 5, 11, 10.
30. Apastamba II, 5, 11, 11. 'Perish, i.e. fall from one mis- fortune into the other.' — Haradatta.
31. Apastamba 11, 5, lo, 12-16. 33. Manu VII, 8.
236 GAUTAMA. XII, I.
Chapter XII.
1. A ^'iidra who intentionally reviles twice-born
men by criminal abuse, or criminally assaults them
with blows, shall be deprived of the limb with which
he offends.
2. If he has criminal intercourse w^ith an Aryan
woman, his organ shall be cut off, and all his property
be confiscated.
3. If (the woman had) a protector, he shall be
executed after (having undergone the punishments
prescribed above).
4. Now if he listens intentionally to (a recitation
of) the Veda, his ears shall be filled with (molten)
tin or lac.
5. If he recites (Vedic texts), his tongue shall be cut out.
6. If he remembers them, his body shall be split in twain.
7. If he assumes a position equal (to that of
twice-born men) in sitting, in lying down, in conver-
sation or on the road, he shall undergo (corporal)
punishment.
XII. I. Apastamba II, 10, 27, 14; ]\Ianu VIII, 270, 279-283 ; Y^uavalkya 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; Mayukha XIX, 7, where, however, arya has been altered to aX'arya. Haradatta adds that the two punishments are cumulative in the case of a Brahmam only. If the offence is committed with a Kshatriya, the offender is liable to the first only ; if he sins with a Vai^'a, to the second.
3. Apastamba II, 10, 27, 9; Manu VIII, 359; Ya^iiavalkya II, 286.
7. Apastamba II, 10, 27, 15; Manu VIII, 281.
Xii, 1 7- Criminal and Civil Law. 237
8. A Kshatriya (shall be fined) one hundred (Karshapa/ms) if he abuses a Brahma?/a,
9. In case of an assault, twice as much.
10. A Vaii-ya (who abuses a Brahma/^a, shall pay) one and a half (times as much as a Kshatriya).
11. But a Brahma;^a (who abuses) a Kshatriya (shall pay) fifty (Karshapa/^as),
12. One half of that (amount if he abuses) a Yaii"ya,
13. (And if he abuses) a 6"udra, nothing.
14. A Kshatriya and a Vai^ya (who abuse one
another shall pay the same fines) as a Brahma;/a
and a Kshatriya.
15. (The value of) property which a ^udra un-
righteously acquires by theft, must be repaid eight-
fold.
1 6. For each of the other castes (the fines must be) doubled.
17. If a learned man offends, the punishment shall be very much increased.
8. Manu VIII, 267; Ya^fiavalkya III, 204-207. Manu VIII, 136 states one Karshapawa or copper Fana. contains 80 Raktikas, which would correspond to 97.60 grammes of the metrical system.
10. Manu VIII, 267. 11. Manu VIII, 268.
12. Manu VIII, 268.
13. Manu VIII, 268. Haradatta adds that, as a Brahma;?a is declared to pay nothing for abusing a 6"udra, a Kshatriya and a Vaijya are liable to be fined for that offence, and that according to Ujanas a Kshatriya shall pay twenty-four Pa?zas, and a Vaijya thirty-six.
14. I.e. a Vaii-ya shall pay one hundred Pa«as for abusing a Kshatriya, and a Kshatriya fifty for abusing a Vaijya.
15. Manu VIII, 337.
16. Manu VIII, 337-338. I.e. a Vai^ya is to pay sixteen
times the value of the stolen property, a Kshatriya thirty-two
times, and a Brahmawa sixty-four times.
17. Manu VIII, 338.
238 GAUTAMA. XII, 18.
18. If fruits, green corn, and vegetables are ap-
propriated in small amounts, (the fme is) five K?Vsh-
;^alas (of copper).
19. If damage is done by cattle, the responsibility falls on the owner.
20. But if (the cattle) were attended by a herds- man, (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 Mashas (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 bufialo,
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).
2^]. If (a man) always neglects the prescribed
(duties) and does that which is forbidden, his pro-
perty 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 un-
enclosed.
29. The legal interest for money lent (is at the
18. Manu VIII, 330. Kr/sh;/ala is another name for Raktika, used also by Ya^iiavalkya I, 362. It equals 0.122 grammes of the metrical system, Prinsep, Useful Tables, p. 97.
20-21. Manu VIII, 240; Y%uavalkya II, 162.
22-26. ]\IanuVIII, 241; Yao-iiavalkya II, 159-161; Colebrooke III, Digest IV, 40. Haradatta, relying on U^anas everywhere, reckons twenty Mashas to the Karshapa;/a.
27. Apastamba II, 11, 27, 18.
28. Apastamba I, 10, 28, 3 ; Colebrooke III, Digest IV, 22.
29. Manu VIII, 140; Y%navalkya II, 37; Colebrooke I,
Xii, 35- Criminal and Civil Law. 239
rate of) five Mashas a month for twenty (Karsha- pa;^as).
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 in- terest, periodical interest,
35. Stipulated interest, corporal interest, daily interest, and the use of a pledge.
Digest 25. Haradatta states that a Karshapawa contains twenty Mashas. Thus the monthly interest for 400 Mashas being five Mashas, the rate is I5 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.
34. For this and the next Sutra, see also Colebrooke I, Digest 35-45, in the notes on which latter text the various explana- tions of these terms, found here, have been fully discussed. ' If a large or a small mterest 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 bor- rower), 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 B/-/lia-
240 GAUTAMA. XII, 36.
;6. 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 ^'rotriyas, ascetics, or royal officials.
39. Animals, land, and females are not lost (to the owner) by (another's) possession.
spati 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 milked, or of (a male) to carry burdens." Katyayana 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 Sutra : ' Another (commentator) says, " If pro- ducts 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; Y%3avalkya 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 pro- longed possession by such persons does not necessitate the con- clusion that the owner had given up his rights. As ascetics cannot possess any property, the Sutra must refer to their occupying an empty house which has an owner.
39. Manu VIII, 149; Ya^navalkya II, 25. The translation given above agrees with an explanation of the Sutra which Hara- datta 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
Xii, 43- Criminal and Civil Law. 241
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 con-
tracted 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
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 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 Drowa of milk, to be milked in the house of another person ? ' &c. &c.
40. Manu VIII, 162; Ya^navalkya 11, 51,
41. Manu VIII, 159-160; Ya^navalkya II, 47- 54 J Cole- brooke I, Digest 202. Taking into account the parallel passages of Manu and Ya^ilavalkya, 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 some- body 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 ' (julka) 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 julka is, however, ambiguous, and may also mean ' a tax or toll.'
42. Manu VIII, 189 ; Ya^navalkya 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.
43. Apastarnba I, 9, 25, 4.
242 GAUTAMA. XII, 44.
the king, with flying hair, holding a ckib in his hand, and proclaim his deed,
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 Brahma;za.
47. Preventing (a repetition of) the deed, pub-
licly proclaiming his crime, banishment, and branding
(are the punishments to which a Brahma;^a may be
subjected).
48. That (king) who does not do his duty (by
inflicting punishment) becomes liable to perform a
penance.
