XI, 5. But the phrase 'when two parties have a dispute' may also indicate, as Krrsrmapa/zrfita suggests, that the king or judge shall not promote litigation, see Gautama XIII, 27. As Kr;sh»a- pa«<flta states, the Sutra may, however, mean also, ' When one case is being argued, let him not begin another (without finishing the first);' see Manu VIII, 43. Owing to the particular nature of the Sutra style and the inclination of the Brahrnanical mind to double- entendres, I do not think it improbable that the author may have intended, both in this and in the preceding Sutras, that his words should be interpreted in two ways.
4. Gautama XI, 23-24. I divide the words of the text, as follows, 'yathasanam (i. e. yathi-asanam) apar&dhohi; antena aparadha^,' and interpolate syit at the end of the first clause.
5. Kr*sh«apa«</ita wrongly divides this Sutra into two, and wrongly adopts the reading of MSS. B. and E., consequently he obtains a sense only by the most astonishing tricks of interpreta- tion. I read with MSS. Bh. and F., yathasanam aparadhohyjldya- varaayor vidyantata-fc, to which the reading of I. O. 913 Sdya- varwayor vidhanataA points also. The meaning of the expression, ' according to the sum of the science of the first two castes,' I take to be according to the rules of sacred learning and of the mimawsS, which is peculiar to the Brahraanas and of logic (anvikshiki) and polity (da/ttfeniti), which are peculiar to or at least recommended to the particular attention of the Kshatriyas.
6. I read with MSS. Bh. and F., sa/wpanna/w £a rakshayet. I con- sider this Sutra to contain an admonition addressed to the king for himself; see Manu VII, 99. Kn'sh«apa«<fita and B. read sapattraw /fca rakshayet, ' Let him protect that which is attested by writings,' i. e. the donations of former kings, attested by writings; see Vishnu III, 83.
7. Kr*sh»apa«<fita thinks that the rule refers to the property of
8O VASISHTHA. XVI, 8.
8. (Likewise the property) of persons unfit to
transact legal business (minors, widows, and so
forth).
9. But if (a minor) comes of age, his property must be made over to him.
10. ' It is declared in the Smmi that there are
three kinds of proof which give a title to (property,
viz.) documents, witnesses, and possession ; (thereby)
an owner may recover property which formerly be-
longed to him (but was lost).'
11. From fields through which (there is a right
of) road (a space sufficient for the road) must be set
apart, likewise a space for turning (a cart).
12. Near new-built houses (and) other things (of
the same description there shall be) a passage three
feet broad.
13. In a dispute about a house or a field, reliance (may be placed on the depositions of) neighbours.
14. If the statements of the neighbours disagree, documents (may be taken as) proof.
the infant children of a hostile king who has been conquered and slain. It is, however, not improbable that it has a wider sense, and exhorts the king to look after the property of the children of his predecessor and of deceased feudal barons. 8-9. Gautama X, 48 ; Vishnu III, 65.
10. Yi^wavalkya II, 22.
1 1. Kr/sh«apa«^ita quotes in illustration of this Sutra the foltow- ing passage of -Sahkha and Likhita : ' In a field through which (there is a right of) road, (space) for the road must be set apart, and on the king's high-road a space sufficient for turning a chariot.'
12. Arthantareshu, 'near other things (of the same descrip- tion)/ means, according to Kr/shwapaw^ta, ' near pleasure-gardens and the like.' No doubt, buildings of all kinds, fenced or walled gardens, and so forth are meant I read tripadama'tram.
13. Manu VIII, 258, 262 ; Y%wavalkya II, 150, 152, 154.
Xvi, 20, Legal Procedure. 8 1
15. If conflicting documents are produced, reliance
(may be placed) on (the statements of) aged (inhabi-
tants) of the village or town, and on (those of) guilds
and corporations (of artisans or traders).
' Property inherited from a father, a thing bought,
a pledge, property given to a wife after marriage by
her husband's family, a gift, property obtained for
performing a sacrifice, the property of reunited co-
parceners, and wages as the eighth.'
1 7. Whatever belonging to these (eight kinds of
property) has been enjoyed (by another person) for
ten years continuously (is lost to the owner).
1 8. They quote also (a verse) on the other side*:
'A pledge, a boundary, and the property of minors, an
(open) deposit, a sealed deposit, women, the property
of a king, (and) the wealth of a 6rotriya are not lost
by being enjoyed (by others).'
19. Property entirely given up (by its owner) goes to the king.
20. If it be otherwise, the king with his ministers and the citizens shall administer it.
15. Manu VIII, 259.
1 6. In translating anvSdheya by 'property given to a wife by her husband or his family after marriage,' I have followed K«sh»a- pa»<fita's explanation. It may, however, mean also 'a deposit to be delivered to a third person' (anvahita or anvadhi). Pratigraha, 'a gift,' is elsewhere explained as 'property promised, but not actually given.'
1 7 . Ya^nnvalkya II, 2 4 ; see also Vishnu V, 1 8 7 ; Manu VIII, 148.
1 8. Identical with Manu VIII, 149 ', Ya^navalkya II, 25.
19. Manu VIII, 30.
20. ' If it be otherwise,' i. e. if the owner gave his property up temporarily only, e. g. went on a journey or a pilgrimage, leaving it without anybody to take care of.
82 VASISHTtfA. XVI, 21.
21. A king will be superior even to Brahman if
he lives surrounded by servants (who are keen-eyed)
like vultures.
22. But a king will not be exalted if he lives sur- rounded by servants (who are greedy) like vultures.
23. Let him live surrounded by servants (who are
keen-eyed) like vultures, let him not be a vulture
surrounded by vultures.
24. For through his servants blemishes become manifest (in his kingdom),
25. (Such as) theft, robbery, oppression, and (so forth).
26. Therefore let him question his servants before- hand.
27. Now (follow the rules regarding) witnesses :
28. 6rotriyas, men of unblemished form, of good
character, men who are holy and love truth (are fit
to be) witnesses,
29. Or (men of) any (caste may give evidence) regarding (men of) any (other caste).
30. Let him make women witnesses regarding
women ; for twice-born men twice-born men of the
same caste (shall be witnesses), and good -Sudras for
.Sudras, and men of low birth for low-caste men.
31. Now they quote also (the following verse):
' A son need not pay money due by a surety, any-
thing idly promised, money due for losses at play
or for spirituous liquor, nor what remains unpaid of
a fine or a toll.'
32. 'Depose, O witness, according to the truth ; expecting thy answer, thy ancestors hang in suspense ;
28. Vish«u VIII, 8; Ya^wavalkya II, 68; Maim VIII, 62-63.
29. Y%«avalkya II, 69. 30. Manu VIII, 68. 31. VishmiVI, 41; Manu VIII, 159; Y%wavalkya II, 47.
Xvj, 36. Legal Procedure. 83
(in accordance with its truth or falsehood) they will rise (to heaven) or fall (into hell).'
33. ' Naked and shorn, tormented with hunger
and thirst, and deprived of sight shall the man who
gives false evidence go with a potsherd to beg food
at the door of his enemy.'
34. ' He kills five by false testimony regarding a
maiden ; he kills ten by false testimony regarding
kine ; he kills a hundred by false evidence regarding
a horse, and a thousand by false evidence regarding
a man.'
35. (Men) may speak an untruth at the time of
marriage, during dalliance, when their lives are in
danger or the loss of their whole property is immi-
nent, and for the sake of a Brahmawa ; they declare
that an untruth spoken in these five cases does not
make (the speaker) an outcast.
36. Those who give partial evidence in a judicial
proceeding for the sake of a relative or for money,
deprive the ancestors of their spiritual family and
those of their natural family of their place in heaven.
33. Identical with Manu VIII, 93.
34. Identical with Marra VIII, 98. Regarding the explanation of the words 'he kills,' sec Mann VIII, 97, and Haradatta on Gautama XIII, 14.
35. Gautama XXIII, 29. Between this and the preceding Sutras the MSS. as well as Kr/sh«apan<fita insert another one, which is so corrupt that I arri unable to translate it Kr*shf*apaw- rfita's explanation is opposed to all rules of interpretation, and not worth giving.
36. This verse, too, is corrupt, though the general sense is not doubtful. I read sva^anasyarthe yadi varthahetoA pakshimyewaiva vadanti karyam— Iff -jabdavawwasya kulasya purvan gvargaathitaTn- stanapi patayanti. ' The ancestors of their spiritual family,' i. e. the teacher, the teacher's teacher, and so forth.
84 VASISHIWA. xvn, T.
CHAPTER XVII.
1. The father throws his debts on the (son) and
obtains immortality if he sees the face of a living
son.
2. It is declared in the Veda, ' Endless are the
worlds of those who have sons ; there is no place for
the man who is destitute of male offspring.'
3. There is a curse (in the Veda), ' May our enemies be destitute of offspring.'
4. There is also (the following) passage of the
Veda, ' May I obtain, O Agni, immortality by
offspring.'
5. ' Through a son he conquers the worlds, through
a grandson he obtains immortality, but through his
son's grandson he gains the world of the sun.'
6. There is a dispute (among the wise; some
say), 'The son belongs to the husband of the wife;'
(and some say), ' The son belongs to the begetter.'
7. With respect to this (matter) they quote also on both sides verses like the following :
8. (Some say), ' If (one man's) bull were to beget
a hundred calves on another man's cows, they would
belong to the owner of the cows ; in vain would the
bull have spent his strength.'
XVII. i. Identical with Vishwu XV, 45 ; Manu IX, 107 ; Cole- brooke V, Dig. CCCIV.
2. The latter part of the quotation occurs Aitareya-brahma^a
Vii, 3> 9-
3. Rig-veda I, 21,5.
4. Rig-veda V, 4, 10; Taittirtya-sawhita I, 4, 46, i.
5. Identical with Manu IX, 137, and Vishwu XV, 46.
6. The same point is argued Manu IX, 31-56. 8. Identical with Manu IX, 50.
XVII, is. INHERITANCE. 85
9. (Others say), 'Carefully watch the procreation
of your offspring, lest strangers sow seed on your
soil; in the next world the son belongs to the
begetter; (by carelessness) a husband makes (the
possession of) offspring in vain.'
10. If amongst many brothers who are begotten
by one father, one have a son, they all have offspring
through that son ; thus says the Veda.
IT. If among many wives of one husband, one
have a son, they all have offspring through that son;
thus says the Veda.
12. Twelve (kinds of) sons only are noticed by the ancients.
13. The first (among these is the son) begotten by the husband himself on his legally married wife.
14. The second is the son of a wife (who is be-
gotten) on failure of the (first) on a (wife or widow
duly) authorised (thereto, by a kinsman).
15. The third is an appointed daughter.
9. Apastaraba II, 6, 13, 7.
10. Vishmi XV, 42. n. Vishwu XV, 41.
12. Colebrooke V, Dig. CXCII1; Vishnu XV, i. Elsewhere the expression purawadrish/a^, ' noticed by the ancients,' has been taken to mean ' seen in the Purawa ' (' the holy writ,' Colebrooke).
13. Colebrooke V, Dig. CXCIII ; Vishmi XV, 2.
14. Colebrooke V, Dig. CCXXX; Vishnu XV, 3.
15. Colebrooke V, Dig. CCIII ; Mitakshara I, n, 3; Vyava- hara Mayukha IV, 4, 43. The curious fact that Vasish/Aa here calls the appointed daughter a son may perhaps be explained by a custom which, though rarely practised, still occurs in Kajrnir, and by which a brotherless maiden is given a male name. A his- torical instance of this kind is mentioned in the R%utarahgi«!, where it is stated that Kalyd«adevi, princess of Gau</a and wife of king Gayapu/a, was called by her father Kalya«amalla. When I collated this passage with the help of a Kajmirian, I was told that a certain Brahmawa, still living in .Srinagar, had changed the
1 6. It is declared in the Veda, 'A maiden who
has no brothers comes back to the male ancestors
(of her own family) ; returning she becomes their son.'
1 7. With reference to this (matter there is) a verse
(to be spoken by the father when appointing his
daughter), ' I shall give thee a brotherless damsel,
decked with ornaments ; the son whom she may
bear, shall be my son.'
1 8. The fourth is the son of a remarried" woman.
19. She is called remarried (punarbhu)who leaving
the husband of her youth, and having lived with
others, re-enters his family ;
20. And she is called remarried who leaving an
impotent, outcast or mad husband, or after the death
of her husband takes another lord.
