The DHARAM SHASTRA
Hindu Religious Codes
Vol. i!
English Translation and Text
MANMATH NATH DUTT
ic
न
COSMO PUBLICATIONS NEW DELHI INDIA 1978
First Published 1908 Reprinted 1978
Published by : Cosmo Publications 24-B, Ansuri Road New Delhi-110002
Printed by - Mehra offset Press New Delhi- 110002
PREFACE.
SEVERAL of my friends, from various parts of India, to whose help and sympathy I am greatly indebted for the completion of my English translations of the RAmAyana, Mahabharata, and of other Sanskrit works, requested me to undertake an English translation of the Twenty Hindu Smritis which pass under the general name of Dharma-S’dstras. But I always ex- pressed my reluctance to undertake the task, for I did not consider myself competent enough to do the same. It is only to satisfy the pressing request of a host of kind friends, to whom it is a sin to be dis- obliging, that I venture to undertake this most arduous work of publishing, in a collected form, the Text and a titeral prose English Translation, with profuse Explana- tory Notes, of all the Sanmhztés.
Some of these Samhités have already been transta- ted by some eminent scholars oftthe West. But no attempt has yet been made to translate all of these valuable works and publish them in a few handy volumes so that every student of Hindu Law and Literature may may easily possess them for his own use. This is indeed asad desideratum, especially in a century when so much activity is going on both in the East and West to place the {intellectual and moral greatness of the ancient Hindus before the English-knowing world. The value of Samhités as a sacred record of the life and customs of the ancient Hindus stands supreme over every other Hindu religious work, and it is but necessary that they should be made as much popular as possible. To
ण रिरि? ^.
encompass this great and sacred end that I have undertaken the present work. I have very carefully collated the Text, with the help of a number of Pundits, and after carefully going through a number of Texts both in Manuscript and print. The Translation I have attempted to make as much literal as possible, kecping an eye more on accuracy than on literary excellence. To elucidate the Text and Translation I have not hesi- tated in appending Notes, very carefully made out, as elaborately as possible. In my opinion translations ग such technical works as Sam/stés must be always very literal. And I have followed this dictum very carefufly throughout the work. My object, in publishing a very carefully edited Text along with the Translation, is that the reader may go through the Translation and the Text simultaneously and learn for himself the true nature and character of the civil and ecclesiastical laws of the ancient Hindus. It 15 needicss for me to mention here that there is not a single collected edition of the Text of the Samhités available in this country and elsewhere. And this surely, if not any thing else, enhances the value and utility of my publication.
A careful study of the Samfztés is fraught with immense value and profit not only to the students and practitioners of law but to the general readers as well They will, by such a study, be not only able to form an estimate of the life and conduct, so glorious and eminent. in themselves, of the ancient Hindus but will also be able to regulate their own conduct in the same light and on the same line, with such healthy innovations as the environments under which they now live so urgently require. True regeneration of the Hindus depends mainly upor the regulation of their life and conduct upon
PREFACE 7171
national lines. And nowhere can they find greater हा and help in forming their national! life anew than in the Samhités, Students and practitioners of law in parti- cular will find in these works the earliest and the most genuine Texts of Hindu Laws on which they may safely base their higher studies in this most important depart- ment of Literature.
How far I have succeeded in making the Translation literal and accurate, it is not for me to pronounce any opinion. 1 leave it entirely to the judgment of my readers. If, however, this edition of the early Law-Texts proves successful, [ shall, in a near future, undertake the Translation of all the Commentaries for the convenience and use of my legal friends and readers.
Any suggestion that my friends and readers may make for the improvement of the work will be thank- fully received by me. _ I beg only to remind them of the fact that the present undertaking is a national work in which they all, Itke- myself, are equally interested.
Tue ELtysivm Bower, / | ५. ह.
Fanuary, 1906.
INTRODUCTION
TrE Scriptural writings of the Hindus are divided, in main, into two classes, namely 6४८८ or what is heard and Smr:ztz or what is remembered. The earliest and the most sacred religious work of the Hindus, namely, the Véda, belongs to the former. In it the words of revelation are preserved in their original state. And all the laws, civil and religious; which govern and regulate the life and conduct of the Hindus pass under the sacred appellation of S’rufi. According to the belief of the Hindus Smrytti also is of divine origin ; the difference between it and the Védéa consists in the fact that in the Hindu System of Law the sense 15 recorded either in the divine words or other equivalent expressions.
The history of the origin of Sizrzéz attributes it to the Self-Sprung Brahm4 who communicated it to Manu, who.again taught it to the ten patriarchal sages, viz., Marfchi, Atri, Angira, Pulastya, Pulaha, Kratu, Prachétd, Vas tshtha, Bhrigu and Nérada.
Smrité consists of three Adndas or sections, 225.) «—(1) A’chéra or regulations relating to the performance of religious rites and ceremonies and the general duties of men; (2) Vydvakdra or civil laws relating to the protection of life and property with all their rules and practices; (3) Prdys’chttta or those relating to the atonement for various sins committed. But all these groups of Jaws, religious, civil and about atonement, pass by one comprehensive term which is popularly known as the Dharma-S dstra.
The Dharma-S’dstra of the Hindus, is not one single book but consists of the SamAs¢és or Institutes
it Introduction
of holy sages numbering twenty according to the list given by Y4jfiiawalkya, namely,—Manu, Atri, Vishnu, प्प, Yajfiawatkya, Ushand4, Angira, Yama, Apastamva, Samvarta, Kéatyayana, Vrihaspati, Pards’ara, Vydsa, Sankha, Likbita, Daksha, Goutama, Satdtapa, and Vas’ ishtha.
There are slight variations in the names of authors to be found in the writings of the other Lawgivers. In some works more names are seen. Pards’ara, whose name occurs in the above list, mentions also twenty Lawgivers; but in his enumeration, instead ot Yama, Vrihaspati and Vyd4sa the names of Kas’yapa, G4rgya and Prachété are mentioned. In the account given of the Sam/ités in that encyclopedic work Padma Purdénam the name of Atri, which is seen in Y4jfia- walkya’s list, is omitted and the number of thirty-six is completed by adding Marfchi, Pulastya, Prachét4, Bhrigu, Narada, Kas’yapa, Vishwdmitra, Devala, ‘is’yas’ringa, Gdrgya, Boudhdyana, Paithinashi, [दश्वा ‘Samantu, P4raskara, Lokakshi, Kuthumi. |
In the Commentary of the Grikya-Sitra by Ram- krishna thirty-nine names are mentioned, of whom nine are not to be found in any of the above lists, wz. Agni, Chyavana, Chhdgaleya, Jatukarana, Pitamaha, Prajapati, Buddha, Saty4yana and Soma. Sometimes one, person is mentioned as being the author of several Institutes, Comprehensive (Vrihat), and Easy (Laghu), according to the nature and bulk of the work.
Besides those mentioned above, some more legislators appear to have flourished, namely,—Dhoumya, the priest of the Pandavds and the author of a Commentary on the Yajur-Véda, As'’walayana, who wrote several treatises
Iniroduction. | ili
on religious acts and ceremonies, Bhdguri, a commen- tator of Manu-Samhité and Datta, the son of Atri.
According to the Hindus the world is divided into four Yugds or cycles, and each Samhsté is considered appropriate for each cycle. Pards’ara regards Manu- Samhitd as suited to Satya-Yugah, that of Goutama, to the Zrétd-, those of S’ankha and Likhita to the Dwépara-, and his own Institutes to the Kali-, Yugah. But this distinction has never been actually observed. Truly does Strange remark :—“ In fact had Pards’ara- 57 (74४ alone been adopted as the Dharma-S’dstra of the present age it would not have been sufficient for the purpose ; inasmuch as the Vyévahdra-Kénda is entirely wanting in his Institutes; so that a professed commen- tary on this Smritz, is founded, in this respect, upon | nothing belonging exclusively to Pards'ara, beyond a verse extracted from the A’chdva, or the first Kdnda, purporting merely that the princes of the earth are, in this age, enjoined to conform to the dictates of Justice.” ——Preface to Stranges’ Hindu Law.
Of all the Swmritis, Manu-Samhitd is regarded by the Hindus as next in sanctity’ to the Véd4s. It is the oldest of all the laws and its authorship is attributed to Manu himself, the son of 8790174. He was the most ancient and the greatest of all Lawgivers.*.
~ ___~_~_____`_-~~~~___~-~~~~~-~~~~ ~~ ¬
* Regarding the antiquity of Manava-Dkarma-S’astra, Babu
S'yam4 (8799 Siccdc, in his Introduction to | Vydudsthd-Darpan, arrives at the following conclusion with which we fully concur.
‘This is manifest from the following verses of Manu-Sadhité (Ch. 1.). ‘ From that-which is the first cause, not the object of sense, existing everywhere in substance, not existing to our per ception, without beginning or end, was produced the divine male, famed in all worlds under the appellation of Brahma. (11) Having
iv व CONTENTS.
Subject, ` S'loka Various measures = ०० ०० 362--368
Forms of Punishment ... see 367--368
‘CHAPTER II.
Laws and Regulations in general ... 1—8 Counter charge ००७ 9--10 Punishment for denial and false charge Ir Offences requiring immediate answer 120 Persons unfit for making a complaint
and giving evidence ००७ 13—15 A weak party inlaw... eee 16 Precedence of witnesses ae 17 Punishment for a wager ००७ 18 Value of Evidence ay ts 19 Admission of plaint _... bes 20 Equity ue See aI Nature of Evidence -.... ve 22 Monetary transaction ... £ 23 Period of right ०४ movable and
immovable properties ote 24 Exceptions about limitation ६ 25 Punishment for using mortgaged
property ss aoe 26
Value of the proof of possession ... 27—30 Persons competent to trv cases and the king's power to reverse their
decision ०६ ०० 3I—32 Pergons by whom a law-suit is not maintainable tases: bie 33 The restoration of lost articles .., 34 Laws about hidden treasure se 35--36 The restoration of @ stolen article. ... 37 Laws relating to loans ५० 38---52 ` Surety ब er 53--58 Mortgage .. व, see 59— 65
Page. 58—§9 59
61—62 62—63 63 63
66 66—67
67
68 68 68 68 68—71 71—72 732—74
CONTENTS.
Subject. Deposits ` ००७ The Law of evidence ... Written document see Divine Tests See The ordeal of balanee ... The ordeal of fire wee The ordeal of water... The ordeal of poison... Division of property
among heirs ace Sons qualified to inherit ` property | ove
Successors in the absence of a male issue ६६ Succession of the property
of hermits ००७ Re-united parcenership... Stridhan eee
Boundary disputes Disputes of the keepers Unlawful sale of articles Laws of gift
Return of a purchased article to
seller ०७० Master and servant, engagement between tee Public or corporate bodies Non-payment of wages... Gambling Defamation dee Assault Robbery
Non-delivery of sold articles
Joint-stock companies ... Theft eee
the
S’loka. .66—68 69—85 86—96 97—tot 103—104 105-109 1710-7 112—113
. £16—129
830-137 138—139
140 141—145 146—1532 153-161 162—170 17i—177
178-- 79
180— 184
185—187 188—195 `
196—z201 202—206 207-214
215—233.
233—256 257—261 262—268 269—285
75 26--78 78—79
80
Sx
81
82
82
83—85 85—87
87
. 88 89—90 9०--91 giI—92
93 94
94
95
96
97
98
99-- 100 100— 103 103— 106 106— 107 107—108 108—1i5
va CONTENTS.
Subject. S’loka. Adultery and seduciton... ०० ©6286-2397 Punishment for making
alteration in a judg-
ment ००७ ००७ 298 Punishment for making
one take forbidden
food bee eee 299 Punishment for selling false gold or
forbidden meat soe see 300 Offences committed by cattle coe 304-3093 False accusation of a paramour ___... 304 Punishment for speaking against the
King ००७ ००७ 305 Punishment for stealing articles lying
on a dead body, etc. ००७ 306 False representation _... ००७ 307
Punishment of a judge and a person who thinks he is not defeated... 308—309 The use of fines eee cece 3 £0
CHAPTER III.
The rite of cremation ... Bee —2 The rite of offering water - व 3—5 Persons {for whom no impurity is to
be observed ae १ 6 The method of condolence Pre 7—12 The rite of entering the house after
cremation sae see ॥3--14 Regulation about food ... eye 1§—17 The period or impurity... ,„„ 8--3 5 Instruments of purification ०७७ 26—34
Procedure not usually proper for a
caste but allowable in times of
exigency ece eee 3 5-44 Regulations relating to Vanaprastha 45—53
Page. In—113
113
2714
4 114
114
114
11g 116
15 115
117 117
119 119 119 131
123 124
CONTENTS.
Subject.
Duties of a person who has renounced
the world ००७ ése Pnysiology or the formation of the
human body see see True Yoga ००७ eee The Road to Emancipation ००७ The Nature of Soul... ass The origin of the universe ००७ ,
The cause of birth amongst the lower order of beings and the celestials The cause of a man’s unfitness to have pristine knowledge ००७ The conquest of pain by a Yogin ... The condition and manifestation of
soul ००७ ose The causes of stupefaction ००७ The instrument of immortality ase The effect of Yoga =, ३९४ The means of recollecting pristine
deeds इ ove Assumption of bodies by the soul ... The cause of disfigurement aes The condition of soul ... ०० The canse of untimely death wee The rays and their action sie:
Independent existence of svul ००७ Characteristic marks of the soul =, The formation of the body and the principles ००० ००७ The Road called Pitriyana, and those who live in the celestial region ... The acquirement of Yogic power ... The Regulation about penance = ०० Penance for drinking spirituous liquors ove ०७७
S’loka. 55-66 67—109 7 70772
123-116 117
129——-140
४4 8~---742 84 3
144-149 I§O—355 156—159
160
161
162
163
+ 164
` 165 166—169 70-173 174-176
'77—183 184—194 3195— 205 206—252
253 ---256
vil Page. 226
128 134 134 135 135
136
238 138
138 139 140 148
148 48 41 141 142 142 842
` 143
143 244 । 8 , 5 147
53
शा CONTENTS.
Subject. Penance for the theft. of gold wie Penance. for the violation of the
preceptor’s bed ००७ ००७ Penance for ordinary sins sce Penance for cow slaughter ase Penance for minor sins ee Penance for killing women wee Penance for other sine ... ००७ Secret penance cee ies
Religious observances ... see
S’loka. 257—258
259—~261 262—363
264 265—2368 269—372 373-—3er 302——-314 315-335
Page. 153
154 154 154 155 B55 156 160 16a
YA-JNAWALKYA SAMHITA’.
CHAPTER I.
HAVING adored YA4jfiawalkya, the lord of Yogins (ascetics), the Munis (anchorites) said :—‘‘ Do thou de- scribe unto us in full, the religious rites of Varnas (four castes), 4s’ramds (four orders),+ and {those of] other inferior castes.’’ (1) Meditating for a while that lord of Yogins, residing ‘ia Mithil4® said to the Munis :— “Know [these to be the] religious rites of the country where the antelope [roams at large]. (2) Purdnam,’ Nydya,“¢) Mfm4mms4,"(4) Dharma-S’4stra, Xe) Véddnga(@) [six], and the Védds*e) (four in number),— these fourteenare the roots of knowledge and religion. (3)
ह A stage or order, or period of the religious life of a Brshmanah, ois., Brahmackharyyam, student life, Gdrhkastyam, domestic mode, Vdaa- prastham, etirement in the forest and Sannyasa.
2 A tract of country in Behar.
3 A class of religious literature, eighteen in number. The name Purdzam, which itself implies old, indicates the object of the compilation to be the preservation of ancient traditions. The Lexicon of Amar Sinha gives, as a synonym of Purdsam, Panchalakshasam, that which has five characteristic topics, vis., (1) Primary Creation or Cosmogony ; (2) Secondary Creation or the Destruction and Renovation of Worlds inclu- ding Chronology; (3) Genealogy of Gods and Patriarchs; (4) Reign of Manus; (5) History. The eighteen Purdnas :—Brahma, Padma, Vishau, S’aiva, Bhagavat, Ndradfya, M4rkandéya, Agni, Bhavishya, Brahmavaivarta, Linga, Vardha, Skanda, Vaémana, Kurma, Matsya, Garud’a, and Brahminda
3a A System of Hindu Philosophy founded by sage Gautama. It gives a philosophical arrangement with strict rules of reasoning which
ॐ Vajnawalkya Sathitd.
Manu, Atri, Vishnu, Hérita, Y4jfiawalkya; Us‘ana, Angirf, Yama, A’pastamva, Sarhvartta, K4tydyana, Vrihaspati, Pards’ara, Vy4sa, S’ankha, Likhita, Daksfa, Gotama, S’4tatapa, and Vasishtha are the promulgators of Dharma-S’Astras (religious codes). (4—5)
All farticles] that are reverentially offered to a {worthy] person determining [proper] place (and) time, and others (other religious rites) are the marks of religion, (z.¢e., the means of attaining to the fruits of religious observances). (6)
S'rutis,+ Smritis,* conduct of pious men, self- love, desire begotten of perfect determination are held [to be the] sources of religion, (७.९. religious knowledge). (7) |
may be compared to the dialectics of the Aristotelian school. The text of Gautama, Nydya-Sairas, is ॐ collection of Sitras in five books or lectures, each divided into two daily lessons, and those again are subdivided into sections.
3(6) A System of Hindu Philosophy, the object of which is the inter- pretation of the Védis. ‘‘ Its purpose,” says 4 Commentator, “is to de- termine the sense of revelation. It is divided into two; the prior (Purea) Mimdmhsd is practical as relating to work (Karma) or religious observ- ances to be undertaken for specific ends; and it is accordingly called Karma-Mimdmsd in contradistinction to the theological, which is named Brahma-Mimdmhsd.”’
3(¢) Religious Codes, i.¢., Samnhitaés.
3(@) Certain classes of works regarded as auxiliary to the Védas and designed to aid in the correct pronunciation and interpretafion of the text and right employment of Mantras in ceremonials. They are six in number :—(1) S'shshd, the science of proper articulation and pronun- ciation ;.(2) Chhkandas, prosody ; (3) Vydkaranane, grammar; (4) Nirukia, etymological explanation of different Védic words; (5) Fyotssh, astro- somy ; (6) Kalpa, ritual or ceremonial.
3(e) Rik, Séman, Yajush and Atharvas,—these are the four Védés.
x What is heard, ४.०.) the Védas. a What is remembered, 2.9; the Purénas, Dharma-S’astras, etc.
147700८६) Samhité. 3
The seeing of dtman (self) by Yoga (suppression of mental faculties), is a religion superior to that of all these works, vis., performance of religious rites, good conduct, self-restraint, abstention from cruelty, charity, and Védic studies. (8)
Four persons well read in the Védds and Religious Codes, or a number of Brdhmands versed in the three ४८०६8, form a synod. Whatever this (synod) or a person foremost amongst those well versed in spiritual science, declares, 15 religion.? (9)
The Br4éhmanis, Kshatriy4s, Vais’y4s and the S’udrds, are the (four) Varnas (castes); of them the first three age the twice-born.” All their rites, from the very conception (Garbh4dhdnam) to death (S'rdddha), are performed with the recitation of Mantrds (mystic syllables). (20)
Garbhd4dhainam [takes place when conception is formed ] during the menses; Purhsavanam (formation of a male child), before the moving of the fcetus; Seemantonnayanam, in the sixth or eighth [month] ; and Ja&takarma after delivery. (11)
Ndmakaranam [takes place] on the eleventh [day after birth] ; Nishkramanam, in the fourth month; Anna- prds’anam, in the sixth month * and Chid’4karanam should be performed according to the practices of the family. (12) |
With this (performance of rites) the sin. begotten of semen and blood, is dissipated; in .case of women these purificatory rites are performed without Mantrd4s {their marriage is only accompanied with Mantrds.} (13)
a The author here means that one should remove his doubts in any religious question by the determination or decision of the entire body of this Religious Synod, or by that of an expert in spiritual science.
ॐ They are entitled to perform the ceremony of Samskéris. They are said to be born again when they put en the sacred thread.
4 Ydjtawalkya Samhitd.
The Upanayanam [ceremony] of a Brdhmandh [is performed] in the eighth year (counting from the time} of conception; [that of] a Kshatriya, in the eleventh or according to the practices of the family. (14)
After the celebration of the Upanayanam ceremony, the preceptor, after reciting Maka-Vyéhriti,» should teach the disciple the Védas, | good and pure con- duct. (15)
Having placed the sacred thread on the ear, one, with his face directed towards the north, should pass urine and excreta during the day and the period of con- jumction (morning and evening), and with that towards the south in the night. (16)
Then taking the organ and raising it up, he should wash and purify it with earth and water so carefully that there may not be the least smell or a particle of [urine or excreta] left. (17)
Then seated in a purified place with his face direct- ed towards north or east and placing his hand between the two knee-joints, a twice-born one should daily rinse his mouth with Brahma-Tirtham. (18)
The bases of the smallest finger, the fore-finger, the thumb and the fore-part of the palm are severally called Prajépati-Tirtha, Pitri-Tirtha, Brahma-Tirtha and Deva-Tirtha. (19)
After drinking water thrice, [one] should rigse his mouth twice with the base of the thumb and then wash the upper appertures (nostrils, etc.,) with water, natural, devoid of foam and bubbles and not brought by the ७१०48. The twice-born, (४.2. the Braéhmandh,
2 A mystic word uttered by every Brahmazah in performing his daily Sandhy4, adoration; these Vydhritis are those of Bhur, Bhuvas, and Swas usually repeated after Om.
YéjRawalkya Sanhitd. 5
Kshairtya, and the Vais’ya,) are generally purified when the water reaches the breast, throat and the palate The women and S’iidr4s are purified when it merely touches the lips. (20—z21)
[One] should daily bathe in the morning, spfinkle [his person] with the A’ fohkisthé-mantram, practise prénud- yama (suppression of the vital airs), Siryyopasthdnam (worshipping the sun), and recite the Gdéyatri.*+ (22)
Having suppressed the vital airs, one should recite the Gdyatr rice along with the A’pfojoytih-mantram pre- ceded duly by a Vydhritz united with a Pranava.* (23)
Having suppressed the vital airs, sprinkled himself with water [accompanied] with (the recitation of] A’Zo- ktsthé-mantram, [one] should, with his face towards the west, recite the Sévitrvi® in the evening till the stars rise. (24)
In the morning, one should sit, with his face towards the east, till he sees the Sun [and perform] the Sandhyd* (morning and evening devotions). After the Sandhyé adoration, he should worship [the sacred] fire. (25)
Then saying ‘I am such and such,” (t.e., taking his own name,) he should salute the eldérs and then serve his preceptor steadfastly for the fruition of his (Swidhydya) Védic studies. (26)
He should study when called [upon by his precept- or to do so] and dedicate unto him [whatever had been ] acquired [by him by begging]. He should
ए A very sacred verse repeated by every Brahmazah at his Sandhyaé (morning and evening devotions).
2 The mystic syllable Om.
3 A celebrated verse of the Rig-Véd4, so calied because it is ad- dressed to the Sun,
4 Joining periods, .¢., morning and evening.
6 Ydjhawatkya Samhita.
secure [the preceptor’s] well being by his mind, words, body, and deeds: (27)
The grateful, the submissive, the intelligent, the pure. those who do not suffer from mental and physical ailments, those who are shorn of jealousy, the good- natured, those who are clever in serving friends, those who distribute learning and riches, are worthy of receiving religious instructions. (28)
One should carry a staff, a deer-skin, a sacred thread and a belt ; and for supporting himself fhe] should secure alms from the house of a Brahmanah of unimpeachable character. (29) .
Using the word dhavatt' respectively in the begin- ning, middle, and end, a Brdhmanah, Kshatriya, ora Vais’ya should beg alms.” (30)
Having offered his adoration to the sacred fire,” he should, with the permission of his preceptor, take his meals silently. But before it he should adore the edibles without speaking ill of them and perform the A’fos’dna- rite, (a kind of prayer or formula repeated before and after eating, popularly called Gand’usha). (31)
While a Brahmachdrin (leading the life of a reli- gious student), one should not partake of boiled rice brought from elsewhere unless he suffers from any disease. And a Brdhmanah* only 15 allowed to take food
1 An address of respect.
2 A Brdhmanah should say,—-'‘Shavati, bhikshdm déhi,” Madam, give mealms A Kshatriya should say,— Biksham bhavati, déhi.” A Vais’ya should say,—"' Bhiksham déhi bhavati.”
3 If he has not adored the fire before. It shows that adoration of the sacred fire is obligatory on every Hindu.
4 The word Brdkmanah is particularly used here, for a Kshatriya., or a Vais’ya., religious student is not allowed to take food on the occasion of a S’rdddka,
YdjAawalkya Samhitd. षर
as he likes [when invited on the occasion of aj S’véddha, provided he does not break his vow. (32)
[A twice-born] should always avoid honey, meat, collyrium, residue of food (partaken of by any body else than a preceptor), harsh words, women, injury to animals, looking at the Sun (in the morning and evening), obscene words and calumny. (33)
He is called guru, who, having performed all the rites (beginning with the Garbhadhanam] delivers in- structions in the Védds. He is called dchdryya who teaches the Védas after having performed only the ceremony of Upanayanam. (34)
(He 15 called] upddhydya who teaches only a por- tion of the Védds; (and he is] called 74८४८ who cele- brates sacrifices. Of them every one deserves greater respect according to the order [in which] he is men- tioned. But the mother is superior tc them all. (35) _
In studying each Véd4, one should lead the life of a religious student for twelve years, or for five years [at the lowest]. Some say [one should observe] Jrahmacharyyam while studying the Védds. [One should have] his hairs shaven in the sixteenth year [beginning with the con- ception]. (36) :
The period up to the sixteenth, twenty-second, and the twenty-fourth, year, is laid down as the time for Upa- nayanam [respectively] for the Brihmanah, Kshatriya- and the Vais’ya. (37)
After that, 2.८. (when Upanayanam is performed) they are prohibited from performing all the religious rites, [and] reciting the Géyatr7 till they perform the. rite of the Vrétyastoma.® (38)
इ A religious rite performed in honor of the departed manes.
2 Name of a sacrifice performed to recover the rights forfeited by the non-performance of due Samsk4ras.
8 Yinjawalkya Samhita. ;
The first birth proceeds from the parents, and the second, from the binding of the Mounjs* (investiture with the sacred thread) ; therefore the Brahmands, Kshatrzy4s, and the Vais’yas are called the twice-born. (39)
_ OF sacrifices, asceticism and sacred rites, the Véd4 alone is more powerful in bringing emancipation. unto the twice-born [ones]. (40)
The twice-born, who daily studies the Rig-Védam, gratifies the celestials with honey and milk, and the departed manes with honey and clarified butter. (41)
He, who daily studies the Yajur-Védam, to the best of his power, gratifies the celestials with clarified butter and nectar, and the departed manes with clarified butter and honey. (42)
He, who daily studies the Sama-Védan, gratifies the celestials with Soma-juice and clarified butter, and the departed manes with honey and clarified butter. (43)
‘He, who daily studies, to the best of his power, the Atharvan of [Rishi] Angiras, gratifies the celestials with marrow, and the departed manes with honey and clarified butter. (44) | |
He, who studies daily,; to the best of his power, the Védds in the form of questions and answers, the Purdnds, Dharma-S’Astras (Religious Codes), [Rudra- daivata-] mantras, Gathds, Itihdsds (History), and other (Religious verses), sciences (Vdrunf), gratifies the celes- tials with meat, milk, boiled rice and honey, and the de- parted manes with honey and clarified butter. (45—46)
Gratified, they (the celestials and the departed manes) please him (the reader) with the auspicious
1 Mounji means the girdle of a Bréhmanah made of a striple string of Munja-grass. Mounjibandhanam means the binding of the Munis- gras girdle, i.e. lnvestituré with the sacred thread.
Yéjhawalkya Samhita. 9
fruition of all his desires. He, who recites [the portion of a Véd4 relating to a particular] sacrifice, reaps the fruit of that [particular sacrifice]. (47)
A twice-born person, who daily studies the Védds, reaps the fruits of giving away thrice the earth full of riches [as well as those] of the best ascetic observ- ances. (48)
A perpetual religious student [who vows a life-long abstinence and celibacy,] should [for ever] live near his preceptor; in his absence, [near] his son; in the latter’s absence, [near] his wife; [and in her absence,] near the sacred fire. (49)
By such a method fa religious student] who has controlled his senses, after renouncing his body, attains to the region of Brahma; he is not born again in this world. (50)
Having completed his ४८१३, (2.९. Védic studies) or the vows (of celibacy), or the both, and after having paid the best fee to his preceptor, he should, with his (pre- ceptor’s) permission, take his bath. (51) - `
[A twice-born one,] whose celibacy has not been disturbed, should marry a maiden endued with auspicious marks, (z.e., shorn of all defects, suth as, eunuchism, etc.), ananyapirutkadm (who had not been known by any one before or who had not previously been promised to any one), beautiful, asapindém, (2.९. remote from bis father’s family by seven degrees and that of his mother by five,) younger in age, freed from (incurable) diseases, having brother, born in a different getva (family), distanced from his mother’s family by five degrees and that of his father by seven. (52—53)
[A maiden should be taken from] a highly respect- able: family, of persons well-read in the Védd4s, and |
2 |
10 117702000८0/2 Samhita.
inheriting the virtue of ten generations [five degrees higher on both the paternal and maternal side], pros- perous [with riches and servants]; but not even from [such a] family, if there be any hereditary disease. (54)
A bride-groom should be endued with all the accom- plishments [enumerated above], be of the same caste and social standing, well-read in the Védas, carefully examined about his manly power, youthful, intelligent, and agreeable to all the people. (55)
There is a saying that the twice-born ones can get their wives from among the S’iidrés: I do not approve of it; for, the 4¢man (soul) itself is born there (in the wife) [as the son].* (56)
The Brdhmands, Kshatriyds and the Vais’yas must take wives, three, two and one in. number according to the order of their caste.* The wife‘of a S’iidra must be of his own caste. (57)
That is called a Brahma marriage where a maiden, adorned according to one’s own power, is given away to {a bride-groom] on being invitéd. A son, begotten of such (a marriage], sanctifies twenty-one genera- tions.’ (58)
1 For the purpose of begetting a son, a twice-born one must not marry a S'idra woman. But he can, after the demise of his own caste, wife, take a S’iidra wife for the satisfaction of his carnal appetites. This is the purpos of the S'loka. Ifa Brihmanah, however, begets a son upon his S'iidra wife, the son does not inherit his father’s property.
2 A Brahmanah can take his wife, three in number, from amongst the Brahmanas, Kshatriyés and the Vais'yis; a Kshatriyah can take two wives from amongst the Kshatriyés and Vais’yas; and a Vais'yab can take one wife from amongst the Vais’yas. °
3 Ten generations before, ten generations after, and the soul of the begetier.
VdjRawalkya Sanhitd. 8,
{That is called] Daiva [marriage] [in which a maiden fs given to] a ritwijah (priest), engaged in a sacrifice. [A marriage that is celebrated [after] taking a pair of cows {is called] A’rsha. <A son, born of the former, sanctifies fourteen.generations and that of the latter, six. (59)
(A marriage in which a maiden] is given to a solici- ting [person] after saying [practise religion with her] ; is ealled Kayah [A son] begotten of {such a marriage,] sanctifies six generations [upwards] and six generations [downwards] together with the soul [of the begetter]. (60)
A’s'ura [marriage is that in which] money 15 taken [in exchange for the bride); GAndharva [marriage is that in which the parties] unite themselves by a vow of mutual love ; a Rakshasa merriage [is that in which the maiden] is carried away by fighting ; [and) a Pis’acha marriage [is that in which] a maiden [is taken away] stealthily (while asleep or by stratagem). (61) |
[In an alliance] between parties of the same caste, the hand should be taken; in that between a higher caste and a lower one, the Kshatriyah should take an arrow, and a Vais’yah], a goad. (62)
A father, a grand-father, a brother, one of the same family, and a brother can give away a bride. With the death of the preceding [person] the succeeding person in order fcan do the same, provided that] he is in natural temper, (¢.¢., does not suffer from insanity). (63) .
[A qualified person,] not giving away in marriage, a maiden,) will be visited by the sin of the destruction of foetus at every time of her menses. In the absence of a giver, the maiden should herself give her away. (64)
[If a person] steals (gives to another) a maiden who had been (once) given away (either) by words or
ee 6 eee wp 2 WED
1 One of the eight forms of marriage otherwise called Prajipatya.
12 Ydjhawalkya Samhiti.
mind, he meets with the punishment of a thief. But if a bride-groom, better than [the promised] one is got, she may -be (even if promised) given away to him (the former). (65)
{If one] gives away (a maiden) without mentioning her shortcomings, [he] is punished with the highest pecuniary punishment (u¢tamasdhasam).* For renounc- ing a maiden who has no shortcomings, or for attribu- ting (false) defect to her, one is punished a hundred times more. (66)
A virgin (maiden, or one who has been known by a man, when purified again after performing the purifi- catory rites , is called ‘born again’ (punardhz). She, who having left her husband, seeks one of her own caste out of lust, is called Svairiné (an unchaste woman). (67)
A younger brother (of a woman’s husband , {in his absence,] a sapinda (a kinsman connected by the offer- ing of the funeral rice-ball to the manes), [in his absence, | one of the same family (sagofra), for begetting a son, can, with the permission of her elders, having his body rubbed with clarified butter, know a woman, who has not given birth ta a son, in her season, one after another, till she conceives. Otherwise, (ie., if he knows her at any other time,) he will be condemned. A son, born by this procedure, will be [called) Kshe- traja.” (68—69)
[One should make] an unchaste wife,—deprived of [all her] rights, living poorly, taking only a morsel of food, (pindamdtropajivinim),* always chidden and lying
ए A fine of 1,000, or, according to some, 80,000 panas.
2 One of the twelve kinds of sons allowed by the old Hindu Law: the offspring of २ wife by a kinsman duly appointed १० raise up issue to the husband.
Yédjtawalkya Samhitd. 13
on earth—live in his own house, [so that she might withdraw herself from her sinful course]. (70)
The Moon has conferred on them (women) purity ; the Gandharvas, sweet speech; [and] Fire, the most exalted state of holiness; [therefore] women are most holy. (71)
{If a woman commit] adultery [mentally) [she gets] purified with her menses; renunciation [of a woman] is prescribed, [if she] conceives [by associating with a low caste man], or commits a mighty iniquity, such, as the destruction of an embryo, that of her husband, etc. (72)
One can take a second wife, [if his existing wife] drinks intoxicating liquors, suffers from any disease, is wicked, barren, dissipates money, utters unpleasant words, gives birth to female issues [only], and is inimical to her husband. (73)
But the superseded wife should (always) be main- tained ; otherwise a great sin is committed. Threefold objects of life (virtue, worldly profit, and pleasure) multiply there where the husband and wife help each other. (74)
[The woman], who does not see any other man, whether her husband is alive or dead, reaps great fame in this world and sports with Umd? in the next. (75)
(If a husband renounces] a wife, who carries out his command, is skilful in work, who has given birch to heroic sons, (and) is sweet-speeched, she should be given one third of [her husband’s] property and maintenance [if he 15 poor]. (76)
t She will be allowed only that quantity of food which will keep her body and soul together
2 The consort of S’iva, one of the three deities of Hindu Triad
14 YVdjRawalkya Samhita.
A wife should carry into practice her husbands words,—for this is the highest.duty of a wife; but [she] should await the period of purification [if her husband] is sullied by any great iniquity. (77)
By sons, grandsons and great-grandsons, is ac- quired an unending family [in this world] and the celes- tial region hereafter ;* for these purposes a wife should be served and well-maintained and protected.* (78)
Sixteen days or nights [commencing with the day of the menses] are the menstrual period of the womankind ; of them one should know his wife on the night of an even day [such as, the fourth, the sixth, or the eighth, night]. This is Brahmacharyyam.’ On the other hand, one should avoid parva* days and the first four days [of the menses]. (79)
[One] should [always] avoid Maghkdé® and Mild; and thus knowing his wife, emaciated (by restricted diet and the observance of menstrual regulations) when the moon sets, a man should procreate an excellent son endued with auspicious marks. (80).
इ These two are the fruits of marriage, namely, the family is multi- plied in this world and the celestial region is attgined hereafter ; one’s
progeny being entitled to perform the Agnthotra rites.
2 A husband should know his wife for the purpose of procreating sons and maintain her for religious purposes.
3 If one knows his wife under these regulations he does not lose the vow of a religious student.
4 One should not know his wife on chaturdas’i (fourteenth day of the moon), askiamd (eighth day), dmdvashyd (the last day of the dark half month), and the last-day of the month.
5 The tenth lunar mansion containing fiye stars—the thirteenth day of the dark half of Bhadrapada.
6 The Asterism Mala,
Vajftawalkya Samhita. 15
Remembering the vow of women, being faithfully devoted to one’s own wife and being influenced by desire proportionate to (hers), one can know [his wife], (even at any other time except the menstrual period), for it is laid down in the Smritis that women should be protected (by every means), (81)
Women should [always} be adored by the husband, brother, father, kinsman, mother-in-law, father-in-law, husband’s younger brother and the other relatives with ornaments, clothes and food. (82)
Women should keep the household articles in order, be expert {in domestic works , contented, economical in expenditure, salute the feet of their mothers-in-law and fathers-in-law and be devoted to their husbands. (83)
A woman, whose husband is absent from home, should renounce sports, personal decorations, the wit- nessing of social festivities, laughing, and visiting other people’s houses. (84)
A father should protect [a woman when she 15} a maiden; a husband after she is married ; and a son, in her old age; in the absence [of a legitimate protector] the kinsmen (should protect her}; independence is not | for womankind. (85)
A woman, having no husband, should be taken care of by the fatber, mother, son, brother mother-in-law, father-in-law, or maternal uncle ; otherwise she will be an object of censure. (86)
{The woman who is] devoted to the well-being of her husband, is observant of good conduct and has [her]
ए According to the Smzitis ‘one commits a great sin if he does not satisfy the sexual desire of his wife.
16 YdjRawalkya 5८१44.
senses under restraint, reaps glory in this world and incomparable bliss in the next. (87)
[A wife of] the same caste existing, [a husvand having many wives] should not make [a wife of] another caste perform the religious rites ; in case of many wives of one’s own caste (existing), the first-married one is [entitled to the performance of] the religious rites, and not the other. (88)
Having burnt a wife of good conduct with Agzi- hotra,* a husband should,- duly and without delay, marry her again and bring fire. (89)
Sons of the same caste are begotten by [persons of the] same caste upon [wives of the] same caste. Sons [begotten] in unblamable marriages (such as Brahma, etc.,) multiply the race. (go)
The son begotten on a Kshatriya wife by a Brdh- manah, [is called} Mérdhdbhishikt & ; that on a Vais’ya wife, Amvashthah; that on a S'iidra wife, Nishddah or Péras'avah. (91)
Sons [begotten] on Vais’ya.and S’iidra [women] by a Kshatriyah, (are respectively known] in the Smyjtis [as] Médhishyah and Ugrah. [The son begotten on a] S’idra [woman] by a Vais’yah, [is called) Karanah. The rule applies, according to the Smritis, to married | wives. (92) |
[The son begotten by 2] Kshatriyah on a Brdhmana [woman, is called] Sé¢ah ; [that begotten by a] Vais’yah, [15 called] Vardéhakah; [that begotten by a] S’iidrah,
ए Maintenance of and offering oblations to, the Sacred Fire. The meaning is that a husband should purify her by offering oblation to the Sacred Fire. This rule holds good in the case of those women who haye
‘not given birth to a son, or for whom no sacrifice has been celebrated, ax. wh. are not entitled to follow any other ds’ramah or mode of life. .
Ydjawalkya Samhitd. 17
is Chana@dlahk driven out of the pale of all religious rites. (93)
[A son born of a] Kshatriya [mother] by a Vais’ya [father] [is called] Mdgadkakh; [that begotten by a] S’iidrah [is called] Aattdh; a S’iidrah begets on a Vais’y4 woman a son [called] Ayogavakh. (94)
A Méhishyah begets on a Karana ‘woman [a son called] Rathakérah. Thus Prattloma (bsgotten by a father of an inferior caste upon a mother of superior caste) and Anz/loma (begotten by a father of superior caste upon a mother of inferior caste) offspring are known as Asat (bad) and Sat (good) (95)
[The attainment of an] excellent (higher) caste is known to take place in the seventh, or the fifth, Yuga (cycle or birth) ; [in case of the existence of] a degraded livelihood, equality [of lower caste takes place in the seventh, sixth, or the fifth, birth]; [the superior or in- ferior position and the attainment of an excellent caste of] Uttara (son begotten by a Kshatriyah ona Mérdhé- bhishiktéd woman) and Adhkara (son begotten on her by a Brahmanah) [should be determined] as before.? (96)
A person, leading the domestic mode of life, should daily perform the S#érta (prescribed iin a Code. of Laws) actions in the Vivdha* Fire or that brought according to the division of time, and S’routa (prescribed in the S’ruti) actions in Vattdnika® Fire. (97)
2 The purport of the अगन्म is:—If a Braihmaszah continues ६० marry a girl begotten on a Nishadf woman by a Brahmanah for five generations, the son begotten thus in the sixth generation attains to the status of a Brihmaxah. Thus the attainment of a higher caste takes place in the seventh generation.
2 A fire that is kept in the house for domestic rites. 3 A sacrificial fire.
४8 Yéjhawalkya Samhitdé.
Having passed urine and excreta (S’arirachintd) and duly performed the purificatory actions and cleansed his teeth, a twice-born one should recite his morning prayers. (98)
[Then] having offered oblations to Fire, [he] being self-controlled, should recite the S#ryyada:vata-Mantra- mas and study the Védds and various other scriptural works. (99)
[Then] for getting what has not been gained and for protecting what has been acquired, he should ap- proach the king; then, after bathing, he should offer oblations of water to the celestiats and the departed manes (Prtris). (100)
For attaining consummate result in recitation and sacrifice, he should study the Védds (the Rik, Yajus, Sdman, and the Atharvan), the Purdnas, the ItihdsAs, (and the entire body of spiritual sciences), according to his might. (ror)
Sacrifice of animals (Va/z), oblation or food offered to the manes (Swddké), oblation to Fire (Homa), study and teaching of the Védas (Swddhydya), and the reception of guests, are the great sacrifices of the Bhutds (evil spirits), Pztrzs (departed manes), Devas (celes- tials), Brahmd, and Manushya (mankind). (102)
From amongst the remnant of food offered in Fire to the celestials, [one] should procure food for the evil spirits, and then throw a portion on earth for the dogs, the Chandélds (degraded caste), the crows, etc. (103)
One should daily offer food and water to the depart- ed manes and human beings: one should daily study and teach the Védas, [but] one should never cook food for oneself. (104)
After having fed the child, the woman who lives ia
Ydjhawalkya Sanhitd. 19
her father’s house after being married, the aged, women in family way, the diseased, the maiden, the guests, and the servants, the husband and wife should partake of the residue. (105)
Before and after taking meals, the food should be converted into a substance not other than fire and nectar with the 40054726 (prayer).1 (106)
[One] should give, according to his might [food, etc.,] to all the castes [arrived] as guests. If a guest comes uninvited [even] in the night, [one should treat him] with words, earth, grass and water. (107)
Alms should be given to a beggar after having received him well; (similarly) to a Brahmachdarfn ; [one] should feed friends and relatives arrived at the time of taking meals. (108).
[One should] place before a S’votriyah a big bull or a big goat; one should offer him a welcome, a seat, sweet food and sweet words. (109) |
A Snétaka},’ a preceptor, a king, a friend and rela- tions formed by marriage (such as son-in-law father-in- law, maternal uncle, etc.,) should be offered arghyah*
1¢A kind of prayer or formula repeated before and after eating; the formulas being respectively 3
WTA सत्यमपि खाद ०22 अ्रद्धतापिधानमपि कादा |
2 One should not make a gift of them or kill them for the learned Brahmaszah but simply place them before him as a sort of hearty welcome.
3 A Bréhmaszah who has performed the ceremony of ablution which has to be performed on his finishing the first 4s’ramah.
4 A respectful offering or oblation to a god or a venerable person ; the ingredients of this offering are :
अयः St gard च टधिसर्पिः सतण्डुलम् । यवः सिद्ाधेकच्चेव ब्र्टांगोऽचैः wef: ॥
20 Ydjiawa:kya Samhité.
once a year; a ritwik (sacrificial priest) should again and again be [similarly honoured]. (110)
A travellertis to be known as an afithi (guest), and one versed in the Védas as S’votriyah. [They are] both worthy of respect to a householder who desires for the region of Brahma. (111)
Save when invited by a person of unimpeachable character, one should have no desire for food cooked . by any other person. [One should] avoid fickleness of speech, unsteadiness of hands and feet and over-feed- ing. (112)
[One should] follow to the end of the boundary [of one’s house] a S’rofriya guest gratified with feeding, [and] spend the rest of the day in the company of good and prosperous friends.? (113)
Having performed the evening devotion, offered oblation to [the three] Fires and worshipped them, [one] surrounded by servants, should take food moderately’ [and] then go to bed. (114)
Having risen from the bed at Bréhma-muhirtta (early part of dawn), [one should] think of the well- being of one’s soul, and, then, according to one’s might and in proper time, serve virtue, worldly profit and pleasure. (115)
[One] is respected in order [according to one’s endowment] of learning, religious deeds, age, friends and wealth. Endued with all these even a S’iidrah, in his old age, deserves respect (116)
1 S’isthkairistha means here friends well-versed in the Itihasas, the Puranas and poetic literature and clever in carrying on conversation. We have given the literal translation in the body.
2 Anatitriptijanake .¢., must not be overfed.
177620८6} Samhitd. 21
An aged burden-carrier, a king, a Sndtaka, a woman, a diseased person, a bridegroom, and a cart-man, should [always] be given road; aking is adorable unto them all; but a Sndtaka, [even] to the king. (117
The celebration of sacrifices, study and the making of gifts, {are the general duties of] the Vais’y4s and Kshatriyds ; the Brahmands have in addition to these, the acceptance of gifts, the performance of religious rites for others, and teaching. (118)
The highest duty of a Kshatriyah is the protection of subjects; money-lending, agriculture, trade and the tending of cattle are sanctioned for the Vais’y4s. (119)
The service of the twice-born, is [the duty of a] S’iidrah ; if he cannot maintain himself by that, he may become a tradesman; or he may maintain himself with various works of art, but he should always do good unto the twice-born. (120)
{He should be] devotedly attached to his wife, be of pure conduct, a protector of servants and given to the performance of S’raddha. With the recitation of the Mantram-Namas, he should perform the five Yajfias. (121) व
Abstention from cruelty, truthfulness, not stealing, purity, control of the senses, charity, mercy, self-res- traint, and forgiveness, are the religious practices for all. (122) |
[One should] perform actions shorn of crookedness, and dishonesty, according to [the nature of] age, in- tellect, wealth, words, dress, learning, family, and deeds. (123)
The twice-born one, who has in store food for three years to last, can drink Soma-juice; [and] one, who has food in store for a year, before the drinking of Soma,
22 Yéjkawalkya Samhitd.
should perform the rites which ought to be performed, (४.८., the Agnithotra.) (124)
One :should perform every year the Soma-Yajfia; at every Ayana (the period of duration of the sun’s passage, north and south of the equator), the Pas’u-Yajiia ; [at the time of :the growth of corns], the Agrayana-Yajfia; [and at every year], the Chaturmmdasya. (125)
[The celebration of] all these becoming impossible, a twice-born one should celebrate the Vaisydnarf (Fire Sacrifice ; but he should never do an inferior one, or perform on an inferior scale even a sacrifice that is undertaken with some definite object. (126)
If a sacrifice is performed with articles begged from a S’iidrah, one is born as a Chandélah ; -[if one does not give away] every article obtained for a sacrifice he be- comes a crow. (127)
By [means of] S’:/ah (gathering of corns dropped or thrown by others), and Unchchhah (taking of a parcel of corn thrown by others), [0] by being Kus’#/ah (having foodstuff capable of maintaining his relatives for twelve days), [or] Kumbhih (having the same for six days), [or] having foodstuff for three days, [or] being As’wastanah (one who has no food for the morrow), [a householder] should carry on his livelihood; of these [modes], each succeeding one is superior to the former. (128)
[One should] never accept an adverse interpretation of the Véd4s, gifts from unknown persons, [gain live- hood] by officiating as a priest to an unworthy person, nor by singing and dancing; and [should] always be contented. (129)
When stricken with hunger, (z.e., when one cannot maintain one’s relatives with the ordinary revenue), a king may collect money from persons living on the boundary,
YdjRawalkya 5८११९०८4. 23
and those who are worthy of receiving services from priests. One should avoid persons who perform religious rites for vanity, who make false _ reasonings, follow orders of life not sanctioned in the scriptures. and: who follow the conduct of cranes (cheats). (130)
[One should] put on a white raiment, should dress beards and hairs and pare nails and be purified; one should not take food, before one’s wife, with one piece of cloth on, or while standing. (131)
[One] should not go to a place [where there is] danger [of life], nor should one all on a sudden give utterance to unpleasant words, or do what is not con- ducive to [one’s] well-being; one should not speak un- truthful words, steal, or maintain oneself with forbidden means. (132)
[One should] wear golden Kundalds (ear-ornaments) and the sacred thread, and hold the bamboo-stick and the Kamandalu (water-pitcher); [one] should go round the image of a deity, raised earth, a cow, a Brdbmanah and a tree. (133)
One should not pass urine and excreta in a river, in a shady place, on a public way, m a pasturage, in water and ashes; nor before fire, the sun, the moon, a woman or a.Brdéhmanah, and at the period of con- junction. (134)
[One should] not eye the sun, a woman naked, or engaged in sexual intercourse ; should not look at urine and excreta, and being impure, at Rdhu and stars. (135)
One should not go uncovered, while raining, reciting all the Mantraméds, such as, ^ This is my thunderbolt.” One should not go to bed naked with one’s head towards the west. (136)
{One should not] throw into water, saliva, blood,
24 Vdjfawalkya Samhité.
excreta, urine, and semen; one should neither warm one’s feet on fire nor cross it over. 1134)
[One should] not drink water with one’s folded palins, nor rouse any person while asleep, should not play dice [or indulge in games] destructive of virtue, [and should] not lie on the same bed with a diseased person. (138)
[One should] avoid forbidden deeds, the smoke of funeral pyre, crossing the river [by swimming], and standing on hairs, ashes, chaffs, embers and skull- bones. (139)
[One] should not look at a calf drinking its mother’s milk, should not enter (a city, village, or temple) by a bad road, receive gifts from a king who is miserly, and a transgressor of scriptural injunctions. (140)
Of butcher, oilman, wine-seller, prostitute, and a king (as described before in the matter of receiving gifts), every succeeding one is ten times more culpable than the preceding one. (141!)
When medicinal herbs grow, on the full-inoon day of S’rdvana* (month), or on a day, under the S’vavand asterism, or on the fifth day under Hastd* asterism, one should begin the study of the Védas. (142)
On a day under the Rohkini*® asterism in. the month of Poush, or onan Asthaké* 7८८2, one should, near water, at the outskirt of a village, duly consecrate one’s Védic studies. (143)
=r.
इ A lunar month corresponding to July and August.
2 Name of the thirteenth lunar mansion consisting of five stars,
3 Name of the fourth lunar mansion consisting of five stars figured by a cart. | 5
4 Acollection of three days (7th, 8th, gth) beginning from the seventh day after the full moon.
Yéjnawalkya Samhita: 25
At the death of a disciple, a Re#wzk, a preceptor, a friend, ora Srofriya studying the same branch of the VédA, at Upakarmay (a ceremony performed before commencing to read the Véd4), and at U?¢sarga (dedi- cation), the Védas should not be studied for three days. (144) | :
If there is rearing of clouds in the morning and eyening, an ominous sound in the sky, earthquake and dropping of fire-brands, the finishing of the Védas and the study of the A ranyakas should be stopped for one day and night. (145)
[Similarly, t.e., the study should be stopped for one whole day and night] on Amdvasy4 (the fifteenth day of the dark-half month), on the fullmoon day, four- teenth day, eighth day, on the day of solar or lunar eclipse, on the junction days of the seasons,® on the day when one partakes of food and accepts presents, on the occasion of a Sraddha. (146)
if any pashe (animals which are fourteen in number, vtz., cow, Sheep, goat, horse, mule, ass and man—these domestic, and buffalo, monkey, bear, reptile, rurx-deer, spotted-antelope and deer—these wild ones), or a frog, mungoose, cat, horse and mouse, [happens] to pass between [a student and preceptor], or [on the day of] the hoisting and throwing down of the enemy’s [standard], [Védic studies should be stopped] for one day- and night. (147) |
[Similarly it should not be studied] when a dog, jackal, ass, or an owl emits a noise, [when] the: SAmans
© Here the word Ritu refers to the summer, rainy and winter seasons, é.¢., on the Pratipad day of Chaitra, S’ravana, and Agra h4yamna, the Véd4 should not be studied.
4
26 Yd;Rawalkya Samhitdé.
are sung [when there is any sound] of arrows, [when] the cry of a person in danger [is heard], near an unholy [place or object], a dead body, a S’udra, a degraded caste, a cremation-ground, a fallen person, an unholy place, in an impure state, when the muttering of clouds and thunder is heard, when the hand is yet wet after eating, within water, in the middle of the night, when high winds blow, when ominous dust is showered, when the quarters are ablaze, at the periods of conjunction, when any fear (proceeds either from a king or a robber), while running, when a bad smell comes, when a good person arrives at the house, while going on an ass, camel, chariot, elephant, horse, boat, tree, or a desert. These thirty-seven are known as periods not fit for Vedic studies. (148—151)
[One should not] cross an idol, a Aitwik, a Sndtaka, a preceptor, the shadow of another’s wife, blood, excreta, urine, saliva, turmeric etc., that had been rubbed on the person, and others (z.e., water used for bathing, etc.) (152)
A learned Brahmanah, a serpent, a Kshatriya king and ones’ ownself should never be treated lightly. One should desire for riches until death, but one should never cut any person to the quick. (153)
[One should] throw at a distance [from the house] remnants of food, excreta, urine and water used for washing feet;.and should daily follow the rules of conduct laid down in the S’rutis and Smeritis. (154).
One should never touch with foot, acow, a Br&h- manah, fire and the remnant of cooked rice left after eating; should not vilify or chastise another; but one can reprove a son or a disciple [at the time of teach- ing]. (155)
Véjiawalkya Sanhité. 27
[Gne should] perform religious rites carefully by deeds, mind and words; one should not perform a reli- gious rite which is censured by the people and which does not lead to the celestial region [even if it is sanc- tioned in the Scriptures]. (156)
Having renounced dissensions with mother, father, guest, brother, fdém:z (sister, daughter or daughter-in- law) Samvandhi (father-in-law, brother-in-law, etc.,) maternal uncle, an old man, a boy, a diseased person, 2 preceptor, a physician, a dependant, a friend, a Ritwzk, a priest, son, daughter, wife, servant, sister and kinsmen, a householder conquers all the regions. (157—158)
One should not, without uplifting the five 20445 (funeral cakes), bathe in a pool of water belonging to another person. [But one can] bathe in a river, a tank, dedicated to a deity, a pool and a fountain. (159)
One should avoid the bed, seat, garden-house and the conveyance belonging to another person; one should not, except at a critical moment, partake of the boiled rice of a person who is not [entitled to maintain] Fire. (160) ।
A miser, one fettered in a chain, a thief, a eunuch, an actor, one living on bamboo (४.८. bamboo-made articles), one notorious for doing evil deeds, a usurer, a public woman, a multitude of men, one initiated into a sacrifice before Agzisthoma, a physician, a person in difficulty, an angry person, a loose woman, a drunkard, an enemy, a wily wight, a terrific [person], a degraded [individual], a Vrdétya (a man of the first three classes who has lost caste owing to the non-performance of the principal Sarhskér4s or purificatory rites, (especially the investiture of the sacred thread over him), a vain man
28 Ydjhawalkya Samhita.
(i.c., who performs religious works for name), one who partakes of eaten foud, a woman having no husband or son, a goldsmith, one under the sole influence of a woman, one who works asa priest for the [entire} village, the seller of weapons, a blacksmith, a weaver, the seller of dogs, a cruel king, 2 washerman (or dyer of cloth), an ungrateful person, one who lives on killing animals, one who removes the dirt of clothes, the selle of wine, one whose house is visited by 2 paramour, one who points out others’ faults, a liar, an oilman, a pane- gyrist, a seller of Soma-juice,—the food of all these persons should not-be partaken of. (161—165)*
One should avoid food which has not been reveren- tially offered to an adorable person, useless meat (2.e., of an animal which has not been sacrificed before a deity), which is full of hairs and worms, which though sweet by nature becomes acid when mixed with curd, which has been cooked a night before, which has been partaken of by another, which has been touched by a dog, which has been looked at by a degraded person, which has been touched by a woman in menses, which is offered with an announcement (who will eat this 2); which, though belonging to one, is offered in anothet’s name, which is smelt by a cow, eaten by a bird and has been knowingly touched by foot. (166—167)
* By the regulation “ the boiled rice of a person who is not entitled to maintain Fire should not be taken,” it has been laid down that the food of the S’udras is not to betaken. But there were exceptions to this rule, and one could partake of the food of a servant, a cowherd, of one with whose family hereditary friendship had been maintained, of one who acted as a partner inthe cultivation of lands, of a barber and of one who entirely surrendered himSelf. But this law no longer holds good now,
1474202 (60/2 Samhitd. 29
Of 57०01745 ; the food of a servant, of a cowherd, of one with whose family hereditary friendship has been maintained, of one with whom one cultivates land in half shares, of a barber, and of one who entirely sur- renders himself, could be taken. (168)
An edible, which has been prepared a night before, and one, prepared with clarified butter or oil, and kept for some time, may be taken. Cakes of wheat and barley and that made of milk (dried up) [even] if nct made with clarified butter or oil, [may be taken,] if they are not sour to the taste. (169)
[One should] avoid the milk of a Sandhini (a cow in heat, z.e., united with a bull or impregnated by him, or a cow milked unseasonably), of an Axtrddas’ahé (within the ten days of impurity caused by the birth of a calf), or of one which has no calf, [as well as] that of a camel, 2 mare, an animal having two udders (excepting a she- goat), of wild animals (excepting a she-buffaloe) and of an ewe. (170)
(One should avoid] sav: (clarified butter) made for the worship of a deity, [before the adoration is finished,} the juice of a pot-herb, that of a red-coloured tree, that of trees born of cuttings, meat of animals not offered in sacrifices, those born in a place where excreta is passed, mushrooms, meat of animats living on flesh, of chdtaka, (a bird which lives on rain-drops), parrot, pratuda (such as hawks, parrots, crows, etc.,) tittibha (a kind of bird), crane, horse, swan, domesti- cated animals, heron, water-fowl, chakravdka, valéké, vaka, vishkira, useless (2. ९., not made for a deity) krisara (a kind of food made of boiled sesame seeds), samydéva (made of milk, molasses and clarified butter)
39 Ydjhawalkya ,5 700".
péyasa (made of milk, rice and sugar), 545६४८८४ (wheat boiled in clarified butter) ; (171-173)
[the meat of the birds] sparrow, dronakéka, osprey, fowls living on trees, geese, wag-tail, Mvriga-birds whose species are not known; (174)
{the meat of] chdésha (bird) and of birds having red- feet, that of an animal killed at a slaughter-house and dried meat or fish. If one knowingly eats the same, one should fast for thtee days. (175)
Having knowingly eaten onion, (the meat of] domes- ticated hog, mushroom, village fowls, garlic and turnip one should perform Chandréyanam.” (176).
Sédhas (porcupine’, crocodiles, tortoises, porcupincs and rhinoceros—these five-nailed animals, and of fish, Simhdsya, Rohita, 20८4274, Rdjiva and lobsters are allowed to be eaten by the twice-born. Listen now to the regulations regarding what meat should be taken and what not. (177——178)
[Taking meat] when life is in danger, at a S’r4ddha, [as well as] prokskita (meat of an animal offered in fire for a sacrifice) and taking [the residue of] meat after having offered it to the twice-born, the celestials and tiie departed manes, does not lead to the commitment of any sin. (179)
That person of wicked deeds who slays animals im- properly (z.¢., not according to proper rites), lives in a
* A religious observance or expiatory penance regulated by the moon’s age (the period of its waning and waxing); in it the daily quantity of food, which consists of fifteen,mouthfuls at the full moon, is diminished by one mouthful every day during the dark fortnight till it is reduced to zero at the new moon and is similarly increased during the light fortnight.
77094704 Samhitd. 31
dreadful hell for days equal in number tothe down (standing on) the animal’s (body). (180)
From the renouncement of meat a Vipra attains to all the desired-for objects, the fruits of a horse-sacrifice, [and is respected like an] ascetic, although living like a householder. (181)
The purification of gold and silver [vessels], of pearl- cysters, sacrificial vessels, gyahka, stones, vegetables, cords, roots, fruits, clothes, Vda/a-skin and others, of [Prokshant] vessels, and Chamasa (milking vessels) is, obtained by [mere] water, and that of Charu,* Sruk,t Sruva,~ and of other§ vessels covered with clarified butter, with hot water. (182—183)
(The purification of] Sphya (a kind of sacrificial vessel called Vajra), winnowing basket, sacrificial antelope-skin, paddy, pestle, mortar and car, [is also made by hot water]. The sprinkling of water [also puri- fies] beddings and a collection of raiments. (184)
Paring or cutting purifies vessels made of wood, horns and bones; vessels containing fruits are purified [when] rubbed with the hairs of a cow’s tail; sacri- ficial vessels [should be purified with] palms [and be used in sacrifices.}] (185)
Woolen and silken raimenits [are purified with) the ashes of plantain leaves, earth, cow’s urine and water ; ams'upatta (a kind of silk-cloth), with Sae/ fruits and blankets with cow’s urine and water. (186)
* An oblation of rice, barley, and pulse boiled for presentation to the celestials and the manes.
+ A sort of wooden ladle, used for pouring clarified butter in Sacri- fisial Fire; (usually made of trees like Pal4s’a or Khadira).
‡ A sacrificial ladle.
§ A kind of sacrificial vessel.
3a Yajnawalkya Samhita.
Silken raiments [are purified] with gaxrasarthape (cow's urine and water) and earthen vessels [if not particularly impure} with being burnt again. The hand of an artisan, articles for sale, articles obtained by beg- ging, and the face of a woman, are [always] pure. (187)
The purification of earth [is encompassed by] rub- bing, burning, or in time (2.¢., till the sign of the impure object is entirely destroyed), or by the sprinkling of cow-dung and water, or by rain, or by digging, or by rubbing with cow-dung. A house [is purified] by rub- bing, and pasting [with cow-dung].* (188)
Any edible being made impure by the smell of a cow, or by hairs, insects and flies, water, ashes, or earth should be thrown into it for its purification. (189)
Tin, lead, copper and brass [are purified by] water mixed with ashes, that mixed with acid or [simple water ; bell-metal and iron, by water [mixed with] ashes ; and clarified butter [and similar] other substances [by mixing them with a profusion of them.] (190)
[ The purification of] impure gold and silver {is encom-. passed by] the removal of smell by [the application of] earth and water; Vaks’asta (2.e., any article that is always spoken of as being pure), any article washed by water and any that is not known, are [always] pure. (197)
Water that gives satisfaction to the cow, that is in its natural state and is on earth (४. ९.) even when placed in an impure ground), is always pure. (192)
* The purport of the s’loka is that a house, should be daily cleansed and rubbed with cow-dung, the latter being regarded by the Hindus as a great disinfectant.
(11.1.14 क (श 33
The meat of an animal killed by a dog [or by a] Chand4la, and of animals which live on flesh, [are, also, pure}. (192)* |
The rays of the sun, fire, dust, shade, cow, horse, earth, air, frost and fly, even when touched [by a 1214413}, are [always] pure, [and so] 15 a young one while sucking milk. (193).
The face of a goat and horse is pure, but that of a cow, or the impurities of a person’s body are not so The roads are purified by the rays of the sun, moon, and the wind. (194)
Drops of water begotten in the mouth, drops {of water left after] rinsing, [and] beards inside the mouth are pure; [things] fixed on the teeth and not dropped, are [also] pure. (195)
After bathing, drinking water, yawning, sleeping, eating, walking, putting on cloth, weeping, [as also after] reading, {one should] rinse his mouth again, even if he has done it once [before] (२96)
Mud and water lying ona roadside and buildings made -of burnt bricks, when touched by Chandialas or by other degraded castes, and by dogs and crows, are purified by air. (197)
Having practised penances, Brahma created the BrAhmanAs for protecting the ४८१६७, pleasing the. celes- tials and the departed manes, and for upholding re- ligion. (198) ब्र
Brahman&as, endued with Vedic studies, are superior to all [the other castes] ; of them those, given to the per- formance of religious acts, are superior; of them those, gifted with the knowledge of self, [are superior]. (149)
» This is the last half of the s'foke so aumbered. 5
34 Yéjfawalkya Samhita.
The worthiness of a person is not [determined by] mere learning or asceticism; but he is known as a worthy person in whom both these exist. (200)
A cow, earth, sesame (seed), gold and other (similar articles], after being duly adored, should be given to [a qualified] person; nothing should be given by a learned person, seeking his own well-being, to an un- worthy person. (201)
Nothing should be accepted by a person devoid of learning or of ascetic observances; having accepted [a present], [such a person] takes the giver and his own self downwards. (202)
[Presents] should be daily given to a worthy person, specially on [particular] occasions (such as solar and lunar eclipses, etc.); [even when] solicited, [presents] should be made with reverence and according to one’s own might. (203)
Good-tempered kine, giving milk, having golden horns and silvery hoops, and covered with cloth should be given away with vessels made of bellmetal and with’ dakshing.™ (204)
The giver of such kine enjoys the celestial region for years corresponding to the number of down standing on their body. If any of them happen to be of the Kapilat kind, [the gift], again, rescues his family up to the seventh generation.{ (205)
* A money present that is given to a recipient along with other presents on the occasion of a religious ceremony : for a Hindu believes that no gift is made perfect unless it is accompanied with a little money gift proportionate to one’s own power.
† A brown.coloured cow is considered very auspicious..
{ 4. ¢., liberates from the fetters of worldly existence not only his own self but six genet: tions upwards.
14722८८2, Samhita. 35
{lf one], according to the full complement of ordi- mances, gives away an Ubhayatomukhi* cow, the giver of such [a cow] .enjoys the celestial region for years equalling the number of the down [standing] on her body [as well as that of her] calf. (206)
From the time [when] the two forelegs and the face of the calf, coming out of ‘the womb, become visible till the hour she gives birth to it, the cow is to be known as the earth. (207)
Giving away some one (८.८. whether gold-horned or not) either a dhénu (2.८. 3 cow yielding milk at the time), or an adhénx (i.e., not barren, though not yielding milk at the time), if she is not diseased or weak, the giver wins great glory in the celestial region. (208).
To remove the fatigue of a fatigued person, to attend the sick, to worship the celestials, {to adore the feet [of a worshipful person], and to clear the residue of the food [partaken of by] a twice-born, is tantamount to the gift of a cow. (209)
By making gifts of earth, lamp, horset food, cloth, water, sesame seed, clarified butter, shelter to a foreigner, naivéshika (a maiden), gold, and a; beast of burden, one acquires great glory in the celestial region. (210)
By making gifts of houses, corns, cheering words of reassurance, (2.९., of freeing from fear or terror), sandals, umbrellas, garlands, pastes, conveyances, trees, articles liked [by the recipients], and beds, one becomes greatly
happy. (211) The Véd4t is full of all gifts ;§ therefore it is the
ed * The name of a cow: the description occurs in the next s'/oka. t+ Some Texts read Devdlayam, i. e., Temple. ‡ The word in the Text is Bvchma: it means here the Véda. $ The word in the Text is Sarvaddnamayam : it means here ‘ that the fruits of all gifts are in the Védds, and, therefore, it is the highest
36 YdjfRawalkya Samhita.
highest gift; by giving it, one acquires the undecaying region of BrahmA. (212)
Even being qualified, one, who does not accept a present, attains to those regions which belong to those persons who always make profuse gifts. (213)
Kus’a, vegetable, milk, fishes, scents, flowers, curd,
earth, meat, bed, seats, and corns should never be refused ; nor water. (214)
[Articles], brought unsolicited, may be accepted even from the perpetrators of iniquitous deeds, but not from unchaste women, eunuchs, outcastes and enemies. (215).
For the adoration of the celestials and guests, fot the maintenance of elders and servants, and for the
maintenance of one’s own self, [one can} accept pre- _sents from all. (216)
Amdvashyé,* Ashtaki,t Vriddhi,t the dark half- month, the two Ayands,§ the time fit for receiving the meat of antelopes, etc., the time when a qualified Bréh- mana comes,|| the period of the Sun’s equinoctial pas- sage, the period of the Sun’s passage from one Zodiacal sign to another, the appearance of a Portent foreboding
प्लवन
of gifts. Some Texts read Sarvadharmmamayam, i.e., which contains alt forms of religion; but we prefer the former reading, for the Context above refers principally to Gifts.
* The last day of the dark-half month.
¶ A collection of three days (7th, 8th, and gth), beginning from the 7th day after the Half-Moon; the eighth day of three months on which. the Manes are to be propitiated. ।
‡ The Impurity caused by childbirth in a family.
§ The Sun’s passage, north and south of the equator; dakshingm eyanam, wintcr solistice ; and wllavam ayanam, summer solistice. | ॥ This has been explained in the subsequent s'/okds.
11710 640/2 Samhité. 37
great calamity, Gajackhdyd,* the lunar and solar eclipse, the time when one is particularly disposed to perform a S’rdéddhka, are known as the periods [fit for _the performance] of a Sréddka. (217-—218)
A youthful person, who has studied the four Védds; a S’votriya (born in a good family) ; one endued witb the knowledge of Brakman; one who knows the meahing ef the Védse; one whois a Fyésthasdmé,t a Trimadhu,t a Trisuparna,§ a २६८४४८९, a sister’s son, a son-in-law ; one who has the sanction of the S’ésfrds for holding a sacrifice ; a father-in-law, a maternal uncle, a Zvrindchi- kéta,|| a ‘daughter's son, a _ disciple, a relation by marriage, a friend ; one who 15 steadfastly given to the performance of religious rites; one who is given to the practice of austerities ; an Agnihotri; Brakmacharinds, ॥ and the Brékmands who are given to the service of parents,—are the treasures of a S’rédddha.$ (2t9—221)
A diseased person (suffering from leprosy ; or), one of defective limbs; one having extra limbs; one having
a ae een
® The thirteenth day of the month when the Moon is in Maghd, i.e, the tenth lunar mansion containing five stars and the Sun is in Hastd i.e., thirteenth lunar mansion consistlng of five stars.
t One who duly studies the Sdmwan called $yéstha Sdma.
‡ Who studies carefully that portion of the Rig-Véda.
$ Who studies carefully that portion of the Rék and Yajush.
॥ Who has read carefully that portion of the Yajur-Véda.
G The two classes of Brakmachdrinds, namely Upfakuroanak and Naishtika, i.¢., one in a state of pupilage and desirous of becoming a householder, and one vowing perpetual celibacy. क
$ f.c., These twenty-three classes of persons are qualified in helping the performance of a S’rdddha. In the Verses 217-218 the Author describes the time fit for the performance of a S'raddha, and in 219-222 he describes the qualified persons. Some Commentators regard the first seven, the fourteenth, the twenty-first and the twenty-second as the leading Brdkmands. Others hold that the first three epithets signify particular classes.
38 Ydjiawalkya Samhita.
one eye; 2 son of a widow re-married; one who has deviated. from his vow of celibacy by doing interdicted acts; 2 Kunda (a son begotten on a married woman by a paramour), a Golas (a son begotten on a widow by her paramour); one having bad nails; one having black teeth; one who teaches by taking fees; a eunuch; one who speaks out the defects of a maiden; one suffering under the ban of an imprecation; one who injures > friend ; a slanderer, a seller of Soma, a younger brother married before* the elder; one who has renounced his parents and preceptors;f one who has partaken of a Kunda’s food; the son of an impious person, the husband of a widow, a thief, the performer of deeds interdicted in the S’ és¢rds,—are censured (2.८. considered unqualified to perform a S’réddha). (222—224)
[A person, desirous of performing a S’rdddha} should invite such Brékmandés on the day previous remaining himself self-controlled and purified [all the while]; they too (2.९. the #rahmands), should control their words, minds, body and deeds. (225)
Having invited them in the evening, he should receive them with questions of welcome and make them sit after they had purified their hands{ and rinsed, their mouths. (226) |
On a little low ground in the south completely cleansed and purified, [he should), according to his might,
* The term includes also a younger brother who adores the Sacred Fire before his elder brother has done so, a person who gives his daughter in marriage to such a person, and a priest who performs
religious rites for such a wight. t It also includes him who renounces his wife and son without just
reasons. ‡ ४.८. He should take up Kus’a-grass in his hand as also the
Brdhmands.
47710006 Samhitd. 39
[make] an even number [of Brdhmands sit] (on an occasion of 2] Daiva (t.e., Abhyudayika S’riddha), and an uneven number [on the occasion of a] Pritrye (1.e., Parvana S’rdddha). (227)
Ina Daiva [54424], two Bréhmanés [should be seated with thieir faces towards] the east; in a Pritrye [S’rdddka], three towards the north ; [if incapable,] one on each occasion. [Similarly in the S’rdddka] of a maternal grandfather, and others. Vaishwadatuikam (offering to all the Deities), [may be performed once]. (228)
Having offered. water for washing hands and Kuas'a grass for making seat, [one,] ordered [by them], should invoke [the Vishwadévés] withthe Rich (Mantram)— “Vishwadévas sa.’’* (229)
Thereupon having scattered wheat around, and sprinkled water in a vessel purified अत् contain- ing two blades of us’a grass [wit the. Mantram] — ९५ S‘annodévi,’’ [he should scatter] wheat [with the Man- tram ],—‘' Yavosz.’’ (230)
With the Mantram,—“Ya-divyd,’”’ [he should] dedi- cate the avghya into the hands [of the Bréhkmands], after having given water,.scents, garland, incense, cloth and lamps. (231) |
[Then he should] present coverings and water for purifying fingers ; then making the sacred thread hang over the right shoulder, [he should] circumambulate the departed manes; then giving twice as much Azs'a grass and invoking the 2८८४5 (departed manes) with the Mantram,—"Us’antaste,”t he should, ordered [by them],
* May Vishwadévds come here. + Means “Be seated, O ye.”
40 YajRawalkya Samhita.
recite [their names, 2.८. adore] with the “Ayani: na-'* (Mantram). All works, done by wheat, should be per: formed with sesame seeds. [He should] perform, as before, the arghya and other rites (232—233).
Having dedicated the argkya and placed duly ina vessel what comes down [from a Bréhmana’s hand], one should turn it upside down [with the Mantram,]— “Pitribhyds sthana masit:.’t (234)
Then having taken up food, soaked in clarified butter, for offering oblation to Fire, he should ask (the Brdkmands, saying,—[I shall offer oblation to Fire] ; ordered [with the Mantram,]—“ Aurushya’”’ (do), and having offered oblation to Fire, as laid down in the case of a PitriyajfAa (the sacrifice performed for the departed manes), [he should], being self-controlled, place the residue of oblation in vessels, available at the time, but preferably in those made of silver. (235—236)
Having placed the food, inspired the vessel with the Mantram,—“‘Prithivi pdtram,t &c.’’ and recited the Man- tram,—“/dane Vishnurvichakrame,”§ he should place on that food the thumb of a twice-born (Brdh mana) (237)
Having recited thrice the Géyatvi with Vyahriti and [the Mantram,]}—" Madhuvdid,” [he should] say,— [‘‘eat] at your pleasure ;” [they, too,] having controlled their speech, should eat. (238)
Without being angry and hasty, he should give Havishya (vegetable diet with rice), doing them good till it gives gratification, after having recited the sacred Verses recited before. (239)
een
* The Mantram means ‘‘Come ye” -
+ Means “Be thou a seat to my Pitris (ancestors)”’ t 2.९. the earth is the receptacle,
§ May Vishau come here.
14 7८ 4८61/2 Samhitd. 41
[Then 53ङ17 ह ]--“ Be ye satisfied with this boiled rice,”, and obtaining permission [to take] the remnant, he should scatter the food on the ground and give [them] water once again. (240)
Taking up all the boiled rice and mixing it with sesame seeds, [one] should, with his face directed towards the south, offer pindan (funeral cakes) near the residue of the food [partaken of by the Bréhmands] (as is the case in a] sacrifice for the departed manes. (241)
Similarly [funeral cakes should also be offered to} the maternal grandfather [and his two generations up- wards]; then he should offer water [to the Bréhmands] for rinsing the mouth; ‘“Szvastz’’ (may it be well with one), should be said; he should then perform Akshayyodakam.* (242)
Then giving dakshind, according to his might, he should recite “‘swadhd ;'† being ordered to say, [he should exclaim],—"“Swadhé (obeisance) unto the pztrzs.” (243)
{After the Brdhkmands) had said,—‘ Astu swadhké” (here is swédhd), he should sprinkle water on the earth: [he should next say],—‘‘ May Vis’wadévas be pleased ;” the Brdhmands. saying,—“ Yes,” he should recite the following (Mantram) :—(244)
“May [the number of) givers, [of the knowledge of the] Védés, and children multiply in our family: may reverence for S’rdddka and other rites not disappear, and may objects to be given away be in profusion. (245)
* A rite in which one should give water into the hands of the Brdhmands, saying,—“ May the fruits of this rite be unending,” and they, too; replying.—* So be it.”
+ An exclamation uttered on offering an oblation to the Manes, meaning obeisance.
6
42 11/74300८6 0/4 Samaeitd
“May aur food be manifold; may we get 7244070 (auspicious occasions for performing S’rdddha) ; may we get solicitous persans, and may we never beg.”"* (246)
Having said these (sweet words and having bowed [unto them, he shauld] send {them away] with the Mantram,—‘ Véje Vdje,t’’ and being delighted, [he should perform the ceremony of] sending away in the arder of precedence from the father upwards.{ (247)
After having made erect the fzfrz-vessel, the same erghya-vessel in which Samsravds (water from the hands of the Brdhmands) had been formerly deposited, he should send away the Vigrds. (248)
Having followed (them to the boundary of his house,] with cifcumambulation from the left to the right,§ he should eat [the residue of] the food partaken of by the departed manes; he shauld, then, live like a Brdhma-- chdrin (3.e:, lead a.continent life) for the night . together with the Prdhmanas. (249)
Having thus performed the fsradakshinam||, one. should, an the occasion of a Vriddhi S’réddha (1.e., when an offering is made to the manes on prosperous occasions ;
* This s‘loka is not given in the hody of the Text published from the A’nand4s’rama, but is inserted in the Note, as being the reading ef Boudhdyana.
„ # A Vedic Prayer, of which Vas‘ishtha was the Author, with which the Brdhmands and the divinities are sent away after the termination of a sacrifice
{ Heshould first send away the father and then the grandfather, and 20 forth
$ The word in the Text is fradakskinam; circumambulation from the left to the right, so that the right side is, always, turned towards the peraon, or object, of circumambulatior; a reverential salutation is made by walking in this manner.
8 j.., Circumambulate the Souls o the departed Manes,
Ydjnawalhyd ,54 74744. 43
such as, the birth of a son, etc.,) adore the Nandimukha Prtyis ;* [in this,] funeral cakes should be made with barley mixed with curd and jujube. (250)
Wearing the sacred thread over the right shoulder (epasavyavat), [one should perform} the Ekoddishtham; [tn which] no oblation is to be offered to a Deity, {in which] there should be one arghya arid one pavitrakat and which should be shorn of invocation dnd aguzkara- nam (t.e., the casting of the sinddn into the fire). (251)
One should say,— zpatishthatdm,” instead of (the Mantram used in the performance of] “Akshayyodakam ;" and “ abheramaytam,’t while sending away the Brda- mands [instéad of the Mantram “ Vdje Vije"}; [the latter will say],—"‘ AdAtratds Sma.”§ (252)
For the purposes of offering drghya [to the departed manes, one] should make four vessels contdming scented water and sesanie seeds; [then the water remaining in the Pitripdiras, vessels known as] the Prétapdtral| should be discharged into (the vessels containing ob- lations for the depatted manes). (253)
* The class of Manes, or deceased ancestors, to whom the Nandi inukha S'raddha is offered, ६.९. = S'rdddhka cetemdny performed in honour of the Manes preliminary to any festive occasion ; such as, marriage, etc.
+t A ring of Xus'a-grass worn on the fourth (ring) finger; it may, also, mean two biades of Kus'a-grass used in purifying and sprinkling ghee,
‡ tc,“ Beye satisfied.” ars
$ “ Weare satisfied.”
} A vessel containing oblation for the departed spirit of the father. The word Préta is applied to father here; the meaning of the s'/oka is :-- Four vessels should be made; then the water in the first vessel called
Prétapdtva, i.e, the one intended for the father, should be divided into four parts, three of which should be placed in the three Pitri-vessels in- tended severally for the grandfather, the great grandfather and the lattes’s father.
44 Véjnawalkya Samhité.
{Reciting] the two [Mantras],—"“Ye Samdnds."* The last portion [of the rite, #.e., of invitation of the Brdh- mands, etc.) should be performed as before. This “ Sapindikaranam” and “ Ekoddistham” may be per- formed even by a woman.f (254)
For one full year, one should give boiled rice and pitchers full of water to a Bréhmaya [in honour of] the person whose “ Sapindikaranam” takes place within one year afterwards.)} (255)
For one year, “ Ekoddistha” should be performed, every month, on the date of the death, or every year ; “ A’dya-S'rdddha” [should be performed], on the eleventh day. (256). |
[One should] give funeral cakes to kine, goats and Brdhmanés, or throw [them] into the fire or water ; if the Viprds remain seated, [he] should not cleanse the rem- nant of the food partaken of by the twice-born. (257)
The departed manes become gratified with the pro-
ferred [oblations of] Haviskya for one month; with Pdyasa (sweetened boiled milk, and rice) for one year ;
° The Text is elliptical; it means :—For the purposes of offering arghya to the evil spirits, four vessels should be mado ready with scented water and sesame seeds. Then, dividing into four parts the water de- posited in the Prétapdiva, one should place three parts in the three vessels intended, in case of a Spaindiharanan for a grandfather, great grand- father, and the latter’s father, with the Mantram,—“ Yesamdnds.”
† Mitdkshard says that this S'rdddha should be, also, performed for the mother, indicating that ne oblation should be offered to the maternal manes an a Pdrvena S'rdddha, Some, therefore, explaining the Text say,—“ Ekoddistha should be performed even for the departed sonls of one’s own female relatives.”
‡ The word in the Text is “arva’,” which means “ subsequent to a certain time,” i.¢., whose Sapindikaranais takes place within one year either on account of a childbirth, ov forthe sake of family custom, or
on account the death of the qualified person.
VAjnawalkya Sawhité. 45
with fish, venison, mutton, meat of birds, goat, spotted. antelope, Zaa (deer), Ruru (deer), boar (pork), and hare,—successively for one month more. (258—-259)
The meat of rhinoceros, and of fish having large aasies, honey, the food of ascetics (such as, rice growing without cultivation), the meat of black goat, éAd/as’dka (black pot-herb), the meat of an old white goat [offered at a S’rdddha], whatever one offers while at Gay4,* or on a Trayodas’§ (thirteenth day of a fortnight) marked by Magha in the rainy season (3.¢., in the month of BhAdra), is said to yield un-ending fruits; there is no doubt [in it]. (260—-261) `
He, who always, performs S‘réddha on all the days, beginning with the first (in the dark half of the month,) leaving off the fourteenth, obtains [in order] a [good] daughter, a [good] son-in-law, animals (goat, etc.), lead- ing sons, [success in] gambling, agriculture, trade; two- hoofed animals (kine, etc.), one-hoofed animals (horse etc.); sons endued with Brakma-energy; gold, silver, tin; supremacy over his own kith and kin; and all de- sired-for objects. On that day (1.e., on the fourteenth), (cblations in S’réddka) should be offered to those who had been killed by weapons.t (262—+264)
One, who, endued with faith and reverence and shorn of pride and egoism, duly performs a S’rdddha, [on days] beginning with [the one marked by the asterism] Xritézkd and ending with Bharani, obtains the celestial region
* i.e. While performing S’rdddha at Giya or on a Trayodas't day.
+ There are some variations in the reading of the Text published fn Bombay. There is jndté for gutrdn, and sutdn for fathd, In the said edition, the socond line ‘of the 26sth s'‘loka is numbered as the 264th.
Then comes the following additional line
पंठत्तयक्रर्ता पुतान्वारिन्य प्रथर्तीस्तुषा--
46 47702012 Samhrid.
(after death), offspring, profusion of strength, [fertile] lands physical strength, accomplished sons, superio by over his caste people, good luck, prosperity, leader- ship, immunity from disease, fame, freedom from grief and sorrow, exalted position, wealth, learning, success in the practice of medicine and the use of base metals, kine, goats, lambs, horses, longevity, and all desired-for objects. (265--268)
Having been treated with oblations, [the Pifri- Dévatés—Vasu, Rudra and A’ditya,] propitiate the de- parted manes of men.* (269)
Propitiated, the departed manes of men confer on them longevity, children, riches, learning, heaven, eman- cipation, felicity and kingdom. (270)
Vinayakaf has been stationed by Brahmd and Rudra at the head of the Ganas,t [both] to obstruct and sustain religious rites. (271)
Listen to the characteristics of the person who is troubled by him. He, in a dream, goes into deep water, sees petsons robed in silken raiments and having their hands shaven, rides carnivorous animals, lives in the company of low-caste people, asses and camels. (272—273)
While running, he considers himself followed by enemies. He is absent-minded, has fruitless ventures, and becomes deptessed without any redson. (274)
= The first line of the Couplet `
aqecifefaga: पितरः waa: | though omitted in the Bengal Text occurs in the Bombay dition.
+ Name of Ganes’a. ‡ A troop of Demi-Gods considered as S’iva’s attendants and. uade¢
the special superintendence of Ganes’a.
14००८404 Samkitd 47
Possessed by him, a king’s son does not come by his kingdom; a maiden [does not get] a husband; anda woman on the way of becoming a mother, a child; (275)
A S'rotriya [does not get] the dignity of a preceptor ; a student, his lessons ; a merchant, his profit , and a culti- vator, the [fruit of his] tillage (z.e., a good crap). (274)
He should be duly bathed, as an a sacred day Qualified Bréhmands (four in number, } shauld be made to recite “ Swasti” (may it be well with you) for him, whose body has been cleansed with the paste of white mustard soaked in clarified butter, whose head has been pasted with sarvaushadhi (a number of herbs) and saerza- gandha (some fragrant articles), and who has been seated on a Bhadrds’ ana. (27 {--278) 7
[One should] throw [a little of the campound] earth [brought respectively from] the place where a horse is kept, from where an elephant is housed, from an ant-hill, from the confluence of rivers and. from a lake; vochona ;* scented articles; and guggula ;f—into the waters, brought from a lake in four pitchers of one colour. Then BShadrdés’anam should be placed on a red bull-skin.t (279—280)
“I sprinkle thee with the water brought from a hundred currents, sanctified by the Aishis, and the
* A kind of yellow figment called Gorockand.
+ A particular fragrant gum resin
‡ The passage is elliptical. It explains Bkadrds'anam,. mentioned in the preceding s’loka, as, ‘' Four pitchers, filled with water, bedecked with mango.leaves, pasted with sandal and covered with garlands and new cloths, should be placed on the four sides of the altar. Then five sorts of powders of five colours should be placed on it. Then a red bull-skin should be spread over it. And, above it, an awning of white cloth should be placed.”
` 48 Ydjtamalkya Samhita.
Thousand-Eyed King of the Celestials (Indra); may those sanctifying waters purify thee.* (281) “May Varuya, the Lord of the Firmament, Siryya (Sun-God), Vrihaspati, Indra, Vayu (Wind-God), and the Seven Aishis,t grant thee lordly powers. (282)
“May the Water always remove the ill-luck [that re- sides in] thy hairs, the parting line of thy hairs (seemanéa), head, forehead, the two ears, and the two eyes.”{ (283)
[Then,] taking up with his left hand Awxs’a-blades, {the priest] should offer oblations of mustard oil in a ladle, made of Udumvara-tree, on the head of the person thus bathed, [reciting the Mantrams],—" क Sammita, S’ala, Katangkata, Kushménda, and Rdja- putra” [all] supplemented by “Swdéhd.” (284—285)
Having spread Kxs’a-grass on all sides, he should offer [oblations of food to the Deities,—Indra, etc.,] on the crossing of four roads, [lighted] by the Sun, with the “ Bali-” Mantrams, [reciting] ‘the names [of the Deities} coupled with ^“ Namas” (obeisance).§ (286)
Boiled rice, a sweetmeat made of ground sesa- mum and sugar, boiled fish and raw fish, such like two sorts of meat (i.e., raw and cooked), variegated flowers, a er ene षण 0
* With this Mantram, ablution should be performed with the water of the first pitcher.
t The word in the Text is Saptarshi: The Seven Sages,—Marichi, Atri, Adgiras, Puolastya, Pulaha, Krata and Vas’ishtha.
‡ With these’ three Mantrams, the presiding priest should pour the contents of the first three pitchers and then should sprinkle the per- former with the water of the fourth.
§ The passage requires a little elucidation :—The sacrificer should himself prepare charu, food. Then, reciting the Mantrams, such as, “Qu, Indrdya xamas,” and so forth, he should offer the food to Indra, Agni, Yama, Nithziti, Varune, Viyu, Soma, 198०2, Brahmi, and Aaaata,
Ydjhawalkya -5० १६८८ 49
sweet scents, three sorts of wine, radish, purika, (a kind of cake), pupa (a preparation of wheat fried with clarified butter), similarly garlands made of the fruits of Ricinus Communis, boiled rice mixed with curd, thicken- ed milk, treacle, cakes with Modaka,*—having collected all these in one vessel, he should offer them] ; and, after- wards keeping his forehead on the earth he should sit before Amvikd, the mother of Vindyaka. [Then,] offer- ing her avghya and handful Derva-grass blades, sesame seeds and flowers, [he should pray]. (287—290)
८५ @ thou endued with lordly powers, give me beauty, fame and good luck; grant me sons and riches and confer on me all desired-for objects.”’ (291)
Thereupon putting on a white cloth, adorned with white garlands and being rubbed with white scented powders, [he] should feed the Brékmands and give two pieces of cloth to the preceptor. (292)
Having, thus, worshipped Vin4yaka and the Grahas (Planets) duly, one attains to the fruits of his actions and most excellent prosperity. (293)
Having, thus, adored, always (३.८., daily), [and] offered gold and silver ornaments to Aditya; Kaltikéya and the lord of Mahéganas, one acquires Siddhi (emancipation) (294) | Desirous of riches, peace, rain, longevity and nourish- ment, orie should perform the Graha-Yaj#a (adoration of the Planets), or for exorcising the enemies. (295) |
The Sun, Moon, Mars, Mercury, Jupiter, Venus, Satum, R&hu and Ketu are known as the Grahas or Planets. (296)
1 > 6. = 4 ane
* A compound of certain powdered medicinal drugs duly dressed which gives streagth and hilarity
प्र
50 Ydjfiawalkya Samhitd.
[The images of the] Grahkas should be made in order, fone, each,] from copper, crystal, red sandal; two from gold, [and one, each,] from silver, iron, lead and bell- metal.* (297)
They should be painted on a canvass in their respec- tive colours, or in a mandala (mystic diagram) with scented powders; then clothes and flowers of their respective colours are to be offered. (298 .
Scents, armlets, incense and gum resin should be given. Each deity [being adored with > different] Mantram, charus (sacrificial food) should be pre- pared. (299).
The same number (7.¢., nine,) of Mantras [such as],—A krishnénalmam, dévdés, Agnimurdhd divas Kakut, Udvudhyshwa, Vrihaspatiatyadarhya, Annétparisruta’s Shannodevis, Kandat, Ketum Krinam, should be recited in order.f (300—301)
Arkas, (Sun-plant), Palds’a, Khadira, Apimarga, Pippula, Udumvara, Shami, Durvad (grass), and Kuy’a, are, in order, the sacrificial fuels [of the Nine Planets. (302)
With each {class of] Samidh,—soaked with honey, clarified butter, curd, or thickened milk,—oblations, either. one hundred and eight, or ‘twenty-eight [in number], should be offered. (303)
A wise man should offer to the Brdhmangs, for eat- ing {in honour of] the Grahas, respectively cakes made of
ह,
= The Bombay Edition makes a s'Joka with one line. The making, of the images of the Grahas, has been described at iength in the Matsya- Purdénam and Devi-Purdnam,
¥ These nine Mantras should be recited in honour of the Nine
Planets. Instead of Kramdat in the Bengali reading, the Bombay Edition seads afi in the last Couplet.
Vdjiawalaya Samhitd. 51
treacle, Pdyasam, Havishyam, Skasthika, cake mixed with thikened milk, that mixed with curd, clarified butter, powdered sesaine seeds, meat and various other edibles ; or whatever is secured by him, according to his might, [should be offered] duly with rever- ence. (304—305).
A dhénu (a cow that yields milk,) conchshell, a bull, gold, cloth, a (white) horse, a black cow, weapons made of iron, and a goat,—are, in order, the sacrificial presents [laid down for the adoration of the Planets]. (306)
One should, with care, adore, at that time, the [parti- cular] Planet that is offended with him. This boon was conferred by Brahm4 (on the Planets! :-—“Adored, you will, also, worship them, 2.९. the sacrificers).” (307)
The rise and decline of kings and the creation and destruction of the universe are under the influence of the Planets; so they are known as the most adored. (308)
A king should be endued with great energy, muni- ficent,* grateful, given to the service of the aged, humble, virtuous,f born in a good family, truthful, pure, up and doing, well-read in the Dharma-S'dstrés,} large- minded, devoid of a fault-finding spirit, virtuous, shorn of vices, (such as gambling, etc.), learned, heroic, capable
* The word in the Text is Sthulalakshyas. The Bombay Text has explained it as, vahupradds, i.e, munificent. It may, also, mean, “learn- ed, wise, competent to recollect both benefits and injuries.” Or it may mean “experienced.”
¶ The Text is Sattwasampanna : literally, ‘virtuous ;' particularly it means “ who does not deviate from justice even under the pressure of difficulty.”
{ There is a difference in reading : dketlimdn (intelligent), or smritee Wan,is, one who has mastered the Dharna-S'dstrd
52 Yajdawmalkya Sanhité.
of keeping secrets, capable of hiding his own short. comings, well-versed in logic, polity, Vdrtd (economics),. and 7rayé (three [Véd4s]).* (309—31 1)
He should make his ministers, [of persons who are} wise, born in good families (3.e., of those who are here- ditary ministers), grave and pure. With them, or with the Brdékmands, and, afterwards, with himself [he should] deliberate the affairs of the State. (312)
He should make his priest, [of.a person] who knows how to propitiate the Planets, is well-grounded in the S’dstras, born in a good family, well-versed in the theory of polity and in the rites of peace-making as laid down in
he Atharvan. (313)
He should appoint.a few Brdhimands for performmg the rites [laid down] in the S’ruts and Smertt:, and celebrate various sacrifices with profuse sacrificial pre- sents. (314) |
He should offer unto the Viprés various objects of enjoyments and riches. What is given to a Vipra, becomes an unending treasure to kings. (315)
It is said [that an oblation, offered to] a Vipra-Fire,. is [more] purifying than, and superior to, those rites [Rdjastya, etc.,} performed near fire, for in it there is nd defect, no destruction of animals, and no penance. (316)
[€] should try ‘to acquire, by fair means, objects not acquired; and keep: carefully the acquiged ones ; multiply the protected ones, according to the laws of political economy; and distribute the surplus wealth amongst worthy persons. (317) |
When making any gift of land, or making any permanent arrangement, he should have the terms com-
* This and afl the subsequent s'/okds describe the accomplishments 8 and duties of aking “This section is called Rdjadhar megrakaranam.
Yadjfawalkya Samhita. 53
mitted to writing for the information of the future good king. (318)
Writing, on a canvass (made of cotton), or ona copper-plate, [the names] of his own family [three generations upwards from his father], their own (४.८. his own name and that of the recipient), the quantity of the gift, [the four] boundary lines of the land, and marking it with his own coin, his own signature and with the date [of the gift), the king should make the deed permanently valid. (319-320)
He should live in a country which is picturesque, where ani:nals multiply, where living is cheap and which abounds in trees and hilly rivers. There he should make forts for the protection of his men (soldiers, followers, etc.), treasure and his ownself. (321)
He should appoint devoted, clever and honest men in posts suited to them and energetic men in the works of collection and disbursement. (322)
Whatever is acquired,* should be given to the Viprés; and protection [should be given} to the subjects; there is no religion higher than this for kings. (323) |
Those who for [the protection of] ladds (६.९., king- dom) are killed, without retreating from the battle- field, by weapons not poisoned, repair to the celestial. region jike the Yogins. (324)
The footsteps of the un-retreating, [even when] the army is routed, are like sacrifices ;+ the king takes the virtue of those who fly away for not being killed. (325)
* Some Texts read randrjitam, i.e., acquired in battle. We have adopted the Text yadupdrjitam, i.e., whatever is acquired. t é.c., Such persons reap the fruits of the As'wamédha Sacrifice at
every footstep.
54 Vdjiawalkya Samhitd.
[One] should not kill him who says—“ I am yours,” a eunuch, one who is disarmed, one who is engaged in an encounter with another, one who has beaten a retreat from the field, nor should one lay his hands upon the visitors and others (1.¢., the musicians, etc.). (326)
Having performed the work of protection and risen up early in the morning, he should himself look after the work of collection and disbursement ; then, looking after the work of litigation, he should bathe and take his meal at ease. (327)
[He should, then,] deposit in the treasury all the gold brought in by persons engaged in the work, and, then, see the secret emissaries and the envoys (sent by other kings) along with his ministers and dismiss them. (328)
Thereafter he should either enjoy himself [his] leisure, or surrounded by [his] ministers. Then inspect- ing the army, he should, with the commanders, con- cert [measures for their improvement.] (329)
Then having finished his evening adoration, he should listen to the secret report of the confidential spies. {He should], then, enjoy singing and dancing, take his. meal and study the Védas. (330)
He should go to sleep with the sound of bugles and arise similarly; and should deliberate mentally about the S'éstras (scriptural injunctions) and all his duties. (331)
Then, with respectful welcome, he should despatch emissaries to his tributary. chiefs and other kings. Then, showered with blessings by the Ritwikds, the priest and the preceptor, he should see the astrologers and physt- cians, and confer on the S'ro¢riyds kine, gold, lands, maidens, and articles necessary for domestic use and household comforts. (332—333)
Vajiawalkya Samhita. 55
A king should be forgiving to the Brdhmands and simple to the objects of love, wrathful to the enemies and be like a father to the servants and subjects. (334)
By protecting [the subjects] righteously, [a king] reaps the sixth part of their virtue,—for the protection of subjects is superior to all forms of gift. (335)
He should protect subjects oppressed by cheats, thieves, wicked people, robbers and specially the Kayasthas. (336)
A king gets a moiety of the sin committed by un- protected subjects, since he receives a revenue from them [for fhe purposes of protection]. (337)
Learning through secret emissaries the movements of those who are in charge of administration, a king should honor the good (officers) and punish the wicked (ones). (338)
Having deprived the bribe-takers of their posses- sions, he should banish them, and should, always, settle the S’vofriyds with honour, gifts and good treatment.
(339)
A king, who multiplies his treasury by unfair [taxa- tion} from the kingdom, is, in no time, shorn of pros- perity and meets with destruction along with his own people. (340) |
The fire, engendered by the grief [consequent on] the oppression of subjects, does not return without. consuming the family, prosperity and vital airs of the king. (341)
By bringing another’s kingdom under his subjection, a king reaps the same virtue which he does by protect- ing his own kingdom. (342)
When [a foreign kingdom] is brought under subjec-
56 Ydjhawalkya Samhité.
tion, he should observe the conduct, law and family prac- tices obtaining in the same kingdom. (343).
Secret counsel is the root of a kingdom ; therefore, he should keep his counsel close, so that others may not get a scent of an action till its consummation, (3.¢., the final result). (344).
Kings in the neighbourhood, those [residing] be- yond that, and those [living in the territories] after that, [should be considered severally] as enemies, friends and Uddstnds (unconcerned). Ascertaining the movements of these circles [of kings], [he should win them over by adop- ting,] in order, conciliatiory and other [measures.] (345).
The expedients,—conciliation, gifts, dissension and punishment,—when duly applied, yteld success. Punish. ment [should, always, be adopted] when there is no other means to follow. (346)
[A king] should duly apply the [sixfold] gends or modes of policy, vis., treaty, hostilities, attack, maintain- ing a post against an enemy, forming or seeking alliance and double-dealing.* (347)
He should, then, start [for conquering] a foreign kingdom, when it is prosperous with corns, the enemy is weak, and his own animals and soldiers are in most ex- cellent state. (348)
The success of a work lies [both] in darvant (divine grace) and manliness; of them manliness of a pristine birth 15 manifested in daivam. (349).
_—
= The word in the Text dvaidhibhdvam. According to some, it means ‘double-dealing,’ or ‘duplicity,’ ‘keeping apparently friendly relations with the enemy.’ According to others, it means ‘dividing one’s army and encountering a superior enemy in detachments, harassing the enemy by attacking them in small bands.’
+ It is, sometimes, translated as Destiny.
11782204 16/ Sathhité. | 57
Some [say that success originates] from divine grace; some, from nature; some, from time; and some, from manliness. But those, who are of clever under- standing, desire fruits in the union of all these. (350)
“ As there can bé no movement of a car with [only] one wheel, [even] so datvam does not succeed without manliness. (351)
Since the acquisition of friends is superior to that of gold and land, therefore, one should endeavour to secure a compact and steadfastly observe it. (352)
A [qualified] king, minister, subjects, fort, treasury, sceptre,* and friends are mentioned as the seven limbs (component parts) of a kingdom. (353) |
Having obtained such [a kingdom], the king should hold out the rod of justice to the wicked. Formerly virtue was made by Brakmd in. the shape of punish-
ment. (35-4)
It is incapable of being righteously administered by an avaricious person of weak understanding, [but it can be so administered] by a truthful, pure and intelli- gent [person], who has good helpmates. (355)
When dulyf administered, it delights all the universe consisting of the celestials, asurés, and the human race ; otherwise it fills them with compunctien. (356)
Improper administration of punishment leads to the destruction of {the attainment of] the celestial and other regions, and of fame. Whereas proper ad-
* The word in the Text dandam. Some explain it as the fourfold division of an army, vis,, the elephant-, the horse-, the car-, and the foot-, soldiers.
¶ The word in the Text is Yatha-S'dstran, t.e., according to Scripe — tural injunctions, त ।
68 Yé;iawalkya Samhita.
ministration of punishment secures [the acquis:tion of] the celestial region, fame and victory. (357)
Whether a brother, a son, a preceptor, a father-in-law, or a maternal uncle,—none, can escape from the punish- ment of the king, if he deviates from [the performance of] his own duties. (358)
The king, who punishes those who deserve punish- ment and kills those who deserve death, reaps the fruits of sacrifices well-performed with a thousand sacrificial presents. (359)
Having thus meditated upon [the courses of [law] like the fruits of a sacrifice, the king should, [himself,] daily look after the separate administration of justice, encircled by the members [of his court]. (360)
Having duly punished (men of his own] family, caste, division and class, and the subjects,* the king should piace them in the [right] path. (361)
An atom of dust, which is [seen moving] in a sun- beam through the lattice, is called ¢rasaréne. Eight trasarénus make one /dikshaé; three likshas, one raja- sSavshapa; three vajas arshapads, one goura; six of these, one madhya; three of these, one krishmalé ; five of these, one mdshé; and sixteen of these, one suvarna. A palam is said to consist of four or five suvarnds. (The above is the standard of gold.]
Two krishmalds make one rupyamdshé ; and sixteen, one dharanan. (362—364).
With ten dharands, one shatamdna or palam [is formed]. Four s«varnds make one 2४2542८. [This is the standard of silver}.
* The word, literally, means—"people of the country,” but, here it, fefers te the people in general.
Véjkawalkya Samhita. — 59
Copper, weighing a karsha (a weight of gold or silver equal to sixteen mdéshds), [makes] a panas. (365)
Eighty thousand pands is the penalty of xttam- sdhasas ;* half of it, madhyama (2.८. second class) ; and half of the latter, adhkama (1.e., third class or the lowest form). (366)
[There are various forms of] punishment; such as, saying “fie,” using harsh words, imposing fine, and cor- poral punishment or death. One, or all, of these, should be dealt out to a culprit. (367)
Knowing [the nature of the] crime, country, time, strength, deed and wealth, [the king] should mete out punishment unto a culprit. (368)
Thus ends the First Chapter treating of A’chdra in the Dharma-S’astra of Yajhawalkya.
ne ७०
* The highest of the pecuniary punishments,—a_ fine.of 1,000, or, according to some, 80,000 panas-
CHAPTER II.
(AWS AND REGULATIONS IN GENERAL. |
ALONG with the learned Bréhkmands, the king, shorn of anger and avarice, should look after law-suits according to the Codes of Law. (1)
The king should appoint, as his courtiers, [persons} possessed of Vedic knowledge, conversant with the Jaws of morality, truthful and impartial towards friends and foes. (2)
A Bréhmana, knowing all forms of religious duties, should be appointed [as an administrator of justice} along with those members, if the king is unable, for some [pressing] cause, to look after the law-suits [himself]. (3)
‘The members,—if they, out of resentment, lust, or dread trangress the laws,—should be punished severally with double the penalty of the [person defeated in the] law-suit. (4)
If oppressed by enemies with means transgressing the law and the established usage, [a person] applies to the king,* it will form the subject-matter of a law-suit, (5)
What 15 said by the complainant should be written before the defendant and be marked with [the name of] the year, month, fortnight, day, name and caste [of the parties].t (6)
* The word in the Text is Rdjne, literally, ‘to a king ;’ but it, also, implies here ‘to any officer in charge of the administration of justice.’
+ The following should never constitute the subject-matter of a law-suit, (1) vis., aprasiddha, vis,, something uncommon; as, he has taken my flower formed in the sky and does not return it: (2) sirdvada, vis., frivolously vexatious; such as, such a person works in the light of my lamp: (3) névartha, i.c., some thing incomprehensible: (4)
62 Yajiawalkya Samhitd.
Before the complainant, should be written the reply [of the defendant, after he has] heard the purport [of the complaint]; then the complainant should im- mediately write down the evidence in favour of his petition]. (7)
If [the evidence] is conclusive, he‘gains the case ; otherwise the result is adverse. In cases [about money- lending, etc.,], the legal procedure is pointed out as having four feet (t.e., four stages).* (8)
[SXCRPTIONAL REGULATIONS. |
Without having acquitted himself of the charge, [a defendant] should not bring a counter charge against him (४.९.) the complainant), even when a charge is brought against him by another ;t [nor should he] contradict his statement. (9)
nishprayojana, vis., useless ; as, such a person reads in our quarter; (5) asddhya, viz., impossible, such as, he Jaughed at me: (6) viruddha ; as, such person has abused me.
* The four pddas or procedures are :—-The first is bkdshdpdda, viz., the petition of the complainant should be written down, as it is, before the defendant; the second is uftarapdda, viz., the reply of the defendant should be written down before the complainant; the third is kriydpdda, viz., the complainant should have the statement of his evidence written down ; the fourth is sadhyasiddhipada, viz., success, if the evidence is proved, otherwise the result is adverse.
t ४.9. A defendant should not bring a counter charge against the complainant till the charge, brought against him by the latter, is ans. wered or that by any other person is properly defended.
The following interpretation of this s’loka is given in Mitdkshard :— “Another complainant cannot bring a charge against the same defendant till the case, instituted against him by the first plaintiff, is over, and the complainant should never contradict his statement both at the time of making his petition and of writing it down before the defendant.”
Vdjhawalkya Samhité. 63
In kalaha 2.९.) cases relating to the use of abusive language, vakpdrushya, and those about beating, dandaparushya) and sdhasa (t.e., destruction with एन. poisoned weapons), [one] can bring a counter-charge: bails capable [of paying the fine or the decreed amount] when the case is decided, should be taken from both the parties. (10)
In [the case of] denial [by the defendant, if the claim] is established [by the plaintiff by evidence, the defendant] must pay [to him] the amount [sued for] and to the king an equal amount [as a penalty]; one bring- ing a false charge must pay double the amount sued for [as a penalty, to the king]. (11)
In offences about destruction by poisoned weapons, theft, the use of abusive language, livelihood and impre- cation [where delay in the administration of Justice may lead to the destruction of life and wealth], and in those about women (2.९. about vilifying a respectable lady or the right of a servant woman),—the defendant must an- ‘swer the charge immediately ; elsewhere (the granting of time depends upon the will [of the judges]; so it 15 laid down in the 57८75. (12) ५
He,—who goes about from one country to another, who licks the corner of his mouth, whose forehead perspires, whose face becomes discoulored, whose mouth is dried up, whose words falter, who gives vent to many contradictory words, whose words and looks do not please others, who bends his lips and _ naturally comes by disfigurement in word, deed, body and mind,—is described as a wieked person [both in the matter] of complaint and that of giving evidence.
(13—15).
64 Ydjfawalkya Samhita.
He,—who, resorting to a grandiloquent speech, tries to secure the questioned wealth,t who flies away,f{ who does not speak anything on being summoned§ [by a judge],— is described in the Smrzf#i as being the weak party and is punishable. (16)
If witnesses of both the parties are present, those of the plaintiff [should be examined first; [but] if the plaintiff's party be weak, those of the other side|] [should get the precedence]. (17)
If any complaint with a wager (2.¢., if I am defeated, I shall pay such a sum), is laid, the king should punish the defeated person with a penalty of fine, [to be paid] to the king, and the amount (of the wager], [to the suc- cessful] party. (18)
Having refuted the fraud, ff the king should unite his judgment with the true fact. Evena true fact when not
* The word is the Text is Svatantri, literallv, depending on one’s own self; but, here, it means ‘ one who, without giving any evidence, in support of his contention, tries to gain it by a grandiloquent speech.’
+ The property belonging to a person of an infetior caste not acknowledged by him as his own.
‡ Literally, ‘going away quickly ;’ but, here, it means ‘ who flies ` away when any charge is brought against him in a Law Court.
{ 3.८. When summoned by a Judge he appears before him to ans- wer a charge.
॥ The procedure is, that after hearing of the substance of the plaint, the deposition of the defendant should be taken down before the plaintiff. Then the plaintiff should produce his witnesses. But a deubt may arise whether the plaintiff should produce witnesses in support of his complaint after the defendant has given his reply sup- perted ‘by evidence or only after he has merely filed his statement. To remove this doubt the author of the Smriti has introdued this verse.
2.2. Having determined the jtrue fact from the deposition and evidence of the defendant. We have given the literal translation in the
body.
Yijiawalkya Samhita. 65
supported by evidence, becomes vitiated in a legal
procedare. (19)
{If a defendant] denies {the possession of all the articles] mentioned [in the plaint], and if one is proved to be in [his] possession, he must be compelled by the king to surrender [all the rest]; but what is not mentioned in the [original] plaint should never be admitted.* (20)
If there 1s a conflict between two legal points, equity should supersede law. The rule is that a Religious Code is superior to a Legal Code. (21)
Written document, lawful possession and witnesses are described as the evidences [of a case] ; in the ab- sence of even one of those, > divya (divine test or ordeal)
is spoken of [as an evidence]. (22)
In all law-suits [about monetary transactions where the cases of both the parties have been proved], the defendant must be made to gain the case ;t in [cases of] mortgage, acquisition by gift or purchase, the first party must gain the case.{ (23)
* The s'loka is elliptical: The purport is:—Supposing a man makes a complaint that such and such a person has taken from him fifteen gold coins, fifty silver coins and two pieces of cloth, and the de- fendant in reply denies the charge absolutely. “If it is proved that the de- fendant has in his possession even a single article amongst those men- tioned in the plaint, he will be compelled to surrender all the rest, or what is equivalent to the same thing or pay their full value in cash. But i€ after ‘the case is proved, the complainant mentions any more article besides those mentioned in the original plaint, his petition must not be entertained
+ Supposing a case comes up where the plaintiff says,—"‘A has bor- rowed Re. 1 from me.” The defendant A in reply says,—" Yes, ! borrowed the amount, but I have paid it back.” In such a case, where the statements of both the parties are proved, the defendant must gain the case.
‡ A nortaged his house first to B, and then toC; he is unable to release it; both Band C éue A to get possession of the house. The
9
6€ Yijhawalkya Samhita.
The right [of a person] to a land (immovable pro- perty), when he [the owner], secing his property en- croached by another, does not question,* extends over twenty years; [the right in such a case} for movable property [is limited to) ten years. (24)
(But these limitations, of twenty and ten years [res- pectively}], do not hold good in cases of] mortgaged articles or pro erties. boundaries, zfantkshepa (articles deposited in trust with the names and numbers specified), properties of the invalid and minor, upanidhi (a sealed box, kept in trust without mentioning its contents), land- revenue, and the properties of women and S’rotriya PBréhmands. (25)
[An administrator of justice] should muke the person, who uses the mortgaged property, etc. (2.¢., those mentioned above, against the knowledge of the owner), return the same to its [rightful] owner and pay, as penalty, to the king the same amount or what is con- sonant to his position. (26)
A'gama (acquisition by purchase or gift) [is a claim} superior to [that of] possession, but not to [that of} hereditary possession ; but even a lawful acquisition by purchase or gift is not a strong claim if there is no {proof of} possession.f (27)
mortgage, first to B and then toC, is proved. B must be given posses- sion of the house. Similarly in matters of gift and purchase.
* ie., Does not take any legal steps to recover it.
+ The law is this:—In the case of the first owner the proof of purchase or acquisition as gift is the strongest evidence for establishing his claim; in the case of a hereditary owner of the fourth degree, the proof of posscssion is the Strongest evidence. But in the case of one, who inherits it from his father or grandfather, the acquisition by par- chase or gilt must be supported by possession.
Vdjhawalkya Samhitd. 67
if any suit is brought against a person who has acquired [a property] by purchase or by receiving it as a gift, he must recover it [by proving his dgama or acquisition]; but not so in the case of his son or grand- son; in the [latter] case [the proof of] possession is stronger. (28)
[If the first owner], being sued fur, dies, his succes- sor must recover it [by proving the lawful acquisition by purchase or gift]; there lawful possession is no instrument (or evidence of his right) unless it 1s sup- ported by dgama. (29)
If dfama or lawful acquisition is [proved] valid, lawful possession becomes an evidence; but if dgama is not [proved] valid, possession does not form an evidence. (30)
In legal procedure for men Pugds (unions or copora- tions of citizens or villagers) appointed by the king, S’rénayds (corporate bodies), and} friends and rela- tives (Kuldénz), are considered superior or competent in order (of precedence).* (31)
[But the king] can reverse the judgments, delivered through force or fear;—those [in cases, instituted by] women, conducted in the night, in close doors and out- side the village ;—and those decided by enemies. (32)
A law-suit, [instituted] by a drunkard, an insane person, a diseased person, one addicted to gambling, a
“ For an appeal of a law-suit, decided by a Union of.one’s own people, the appellant should approach the Union of the Citizens or. Villagers; for a second appeal, he should approach the Union of the Citizens or Villagers appointed by the King. . These Unions are some- thing like Law Courts. A man should aprroach, in order, the Higher Court for the decision of his law-suit and the’ judgment of the Highest Court is final. But even the judgment of the Highest Courtecan be quashed by the King in cases mentioned 19 the subsequeat Couplet.
68 Ydjfawalkya Samhita.
boy, ore under the influence of fear, etc.,* and one instituted by a person having no personal connection is not maintainable. (33)
When any lost valuable article is obtained [ina brothel, etc.,) it should be given by. the king to its. owner [if he can, by pointing out distinctive marks, establish his claim]; but he, who presses his claim without [point- ing out any] distinctive marks, deserves punishment equal (to the value of] the article {in question]. (34)
If the king comes by any [hidden] treasure, he must give half of itto a Brdimana. But, then, again, [when] a learned Brdhmana [happens to find out any,] tle whole [treasure] should go to him, for he 15 the lord of all. (35)
If any other inferior caste comes by a_ [hidden treasure], the king takes one sixth of it; [if, however,] without informing [the king of its acquisition, he attempts to appropriate himself [the whole], he should be punished and [the treasure] confiscated. (36)
When an article, stolen by a thief, [is recovered], it should be given by the king to the person [to whom it belongs]; if he does not give it, he 15. visited by the sin of [committing thefts]. (37)
[LAWS RELATING Tu LOANS. |
In a loan on mortgage the interest, every month, is one eightieth part [of the capital] ; on other loans the interest is to run at two, three, four and five per cent., in order of the castes (taking such loans].t (38)
[Persons,] going to a dreary forest, [for carrying on trade, must pay] ten per cent., [as interest] ; persons.
ह ऋणी
* Such as, one instituted by a person who has rebelled against the city.
ti-., If a Brdhmana takes One Hundred Rupees as loan he shail have to pay interest at two per ceat,, and 80 on.
Véjtawabkya 52१00144. 69
going’to the sea, shall pay twzaty per cent., but all'castes should pay to all castes interest at the ratio of [their] respective [castes]. (39)
A young one [should be given as interest, in case of a loan] of female animals (as cow) ; [the interest on loans] of liquid substances (such as, clarified butter, oil etc.,) should be eight times; (on loans of) cloth, grains and gold, [the interest should be] four, three and two times according to the Smyitis.” (40)
One must try to realize [by any means] the money obtained [by another from him either as a loan or by any unfair means]; be must not be remonstrated with by the king; if [the debtor,] heing pressed [to pay back the money], goes to the king [for a remedy], he must be punished and made to return the money. (4!)
A debtor, [when sued for by a number of creditors. of the same caste,] must be made to repay the money to the creditors in order [of the date of taking such loans]; [but when the creditors are of different castes,] the king, after having [first] paid the Brdéhmana [is to return the balance] to the other castes. (42)
A debtor is to be punished by the. king [witha fine of] ten per cent. [of the amount] realized. The creditor, for having obtained [his money], should pay the king five per cent., [of the amount received].f (43)
* In this Couplet law is laid down about the highest amount of inter- est that can be taken on loans standing unpaid with interest for a long time. For example, A takes a five years old cow from 8 as loan on ‘con- dition that he is. to return such a cow. A oannot repay tbe loan and ए; out of courtesy, does not demand the interest. When A returas the loan he must give a calf or its value as interest and not more.
† Some explain it as the tenth and twentieth part of the amount realized.
2० Ydjhawalkya Samhita.
For [the satisfaction of his] debt, one, of an inferior caste, when his resources are exhausted, should be made to work [for his creditor]; if a Brdhmana grows poor, he should he made to epay [his debt] gradually as his means permit. (44)
If a creditor, for the multiplication of his own money, does not take it when offered [back, by the debtor ; and if the latter] deposits it with an umpire, interest ceases from that date. (45)
Any debt, contracted in a joint-family for the main- tenance of the members [thereof, should be repaid by the head of the family]; on his death or on his departure to a foreign country, the members who inherit the
property must repay it. (46) ~~ A woman [is not bound to repay the debt] contracted by her husband or her sons; a father [is not to pay the debt) contracted by the son, nora husband that con- tracted by the wife except when it is made for the maintenance of the family. (47)
A son is not to pay the debt, even though hereditary, if it is contracted for the purpose of drinking, debauchery or gambling, or if it is the residue of a fine or duty unrequited, or any thing idly promised. (48)
The debt, [contracted] by the wives of milkmen, wine-sellers, actors, washermen and. hunters, should be liquidated by their husbands, for their livelihopd depends upon them (2.९.) upon the earnings of their wives). (49).
A debt which she has promised to repay, that which she has contracted along with her husband, and what she has done herself, must be repaid by a woman ; nothing else a woman is bound to repay. (50.
If the father or the grandfather be long absent in a distant country, be dcad, or is suffering from an in-
VajAawalkya Samhité. 91
curable disease, the debt [contracted by either] must be repaid by the son or the grandson; in case of denial, (the claim must be established] by evidence. (§1)
One who inherits the property must repay the debt ;* similarly. (2.९. in the absence of the former), the taker of the [debtor’s] wife (Yoshiigrdha) ;t then the son, who, although qualified to inherit his father’s property, does not do so; and, in the case of one who has no son, the person who inherits his property, [must pay his debt.}} (52)
Of brothers, the husband and wife, the father and son,—none, can become a surety, give or take foans, of appear as a witness, according to the law, [without the consent of others, so long] the property is un- divided. (53) |
Surety is sanctioned in darsana (presentation §
* Here it refers to a son, who by his father’s will, inherits the pro- perty, even when other sons exist.
Colebrooke has translated this portion of the Text as, “But not the son whose (father’s) assets are held by another.” The Text would, then, be putrondénanydsritadravyas. +
t There are three classes of Yoshitgrdha:—{1) One who marries a virgin widow ; (2) the person to whom one’s married and youthful wife surrenders herself under pressure ; (3) the person to whom a woman, rich and mother of children, goes, Such a person, in the absence of a son inheriting the property, must repay the debt, contracted by the woman’s former husband.
‡ Regulation is, also, laid down about the repayment of debt. It must be paid by the creditor himself ; in his absence by his son or grand- ` son. If the creditor has no issue, the debt must be repaid to the person. who inherits his property.
§ The first form of surety is whea a person ‘engages to answer for another's appearance in the Court.
72 Yajfawalkya Samhité.
Dbratyaya (creating confidence),* and déna (giving).¥ The first two sureties, if their statements prove false, must be compelled to repay the money, [but not their sons (or their heirs), in case of their demise]; as regards the other (४.८. one who undertakes to repay the money himself), if it is not realized from the party, even his sons [are to répay the money] after his demise. (54)
If after the death of the surety, who promises ६0 present the party when réequired, or if after that of the surety who creates confidence by a statement, their sons do not repay the money (advanced to the party oni the assurance of their father}, the latter will not be visited by any sin. (55)
If many persons [after having determined their respective shares stand as sureties, they shall have td repay the money ccording to the extent of their respec- rive shares. In the case of joirt sureties, the will of the capitalist prevails (s.¢e., he may realize whatever money he likes from any party.) (56)
A debtor must return double the amount that the surety publicly pays to the capitalist (on debtor's be-
half]. (57)
In [the case of] female animals, [a female animal with} a calf, threefold grain, fourfold cloth, eight- fold liquid substances, are said [to be given to the
surety].{ (58)
© The second form of surety is when a person creates confidence, in the party giving the loan, by saying,—" He is a very trustworthy person, you may accomodate him with ६06 loan.”
+ The thitd fofm of surety is when a person undertakes to renay the money himself if the party, for whom he stands surety, fails.to do so.
‡ The Toxt is elliptical and requires elucidation. Toa person, stand- ing surety for another who takes the loan of बं cow, the debtor must give
(1.0 0/1 , ० १४04. . 73
if the money, [advanced on the mortgage of an atticle,] becomes double, [with the interest accrued, ] and the mortgaged article is not released, it is lost (४.८) the right of the original owner is forfeited); time (४.८. the expiration of the petiod of contract,) vitiates (#.¢) deprives the owner of) [his right] fover the article mortgaged on the condition of being released at] a fixed time. That of which the fruit is enjoyed, (such as land, ctc.,) is never forfeited. (59).
No interest [is to be charged] on a mortgaged article, that should not be made known of, being used, or [on @ mortgaged article rendered useless by continued use] or else it must be returned intact ;* if it is destroyed (its value) must be made good, excepting [only] when it so happens by accident or when it is destroyed by the powers that be. (60)
Taking establishes [the acceptance of a] mortgaged article; even if kept [with proper care, a mortgaged article] suffers depreciation,t other articles must be mortgaged or the capitalist 10४5६ be paid a portion of his due. (61) :
If any mortgage is executed, [confiding in the] character [of the mortgagee,] the capital must be paid with interest. [The mortgagee] should pay double the
3 to the surety > cow with a calf; similarly, in the case of graih loans, twice the quantity should be given; in the case of cloth, four times the quantity, and in the case of oil, clarified butter, eight times the quantity, should be given to the surety.
* Some interpret this pertion from another standpoint, and their version of the reading runs thus :—No interest is to be charged on a useful article kept in mortgage when it is made useless by the mortgagee.
t ¢.e., If the value ef the articles does not cover the capital aad the interest.
10
4 47740604 Samhitd.
amount, if any article is mortgaged under an agree- ment.* (62) =
[lf the cebtor] comes [wit' capital and interest], the mortgaged article must be released [by the creditor], or else [his conduct] will be [one of] theft, (2.¢., he will be punished like a thief}. If the money-lender is [himself] absent, [the debtor] is to pay the money to his trusted agent and bring the mortgaged article. (63)
The then value of the article being settled, it must remain there, [in the possession of the creditor,] without any further accumulation of interest. In the absence of a debtor, [the creditor] can sell the article keeping awitness.t (64)
When the amount of loan, [given without any mortgage,] is doubled [with the interest due], and at that time [a plot of land under cultivation] is mortgaged again [in satisfaction of the loan], the murtgaged ee ee I A nS re ee cee eee ee
* The Text requires elucidation. If a debtor, knowing a creditor to be of good charaeter, mortgages with l:im a valuable article, for a far lesser amount than its proper value, he is entitled to release the article by paying the capital and interest ; and it shal! never be forteited. If at the time of the mortgage there is any contract between the parties, the mort- gagor shall release the article by paying double the interest. ।
+ A full elucidation of the Text is this:—The first line explains: what a debtor should do, if the creditor or his duly constituted agent is not present to receive money from the former, or if he wishes to liquidate his debt by selling the mortgaged article, Under these circumstances the value of the article, at that time, should be deter. mined and it must remain inthe possession of the creditor but no further accumulation ‘of interest from that time will be allowed. The second line describes the duty of the creditor when the capital, given as a loan on the mortgage of an article, is doubled with the interest accumulated thereon, but the debtor is absent. The creditor, under these circumstances, is empowered to sell the article before: a preper witness, who will afterwards, when the debtor demands the article, attest to the amount received by the creditor from: the sale of the article,
21102010, 5270744. 75
property may be released, if double the amount comes {to the mortgagee} from the produce.* (65)
[LAWS RELATING TO DEPOSITS. ]}
WHATEVER article, contained in a box, ‘is made over, without giving any description [of its nature], to another’s hands, that article is called Oupanitdhikam (deposit); [and] it must be returned as such. (66)
But it must not be returned, if it is carried away by the king, [lost] by an accident, or [stolen by] a thief. But if there is loss [of the deposited article] after it is being asked for by the depositor and not returned [by the person with whom it is deposited], the latter must be compelled to make good [the value of the article] and pay a fine equal to that amount. (67)
By wilfully converting [the deposit] into his means of livelihood (४.९. if he uses it of his own accord or makes money by trading on it), [the person with whom the deposit is made,] must be punished and compelled to return it with the increase [made on it];t the same law holds good in the case of ydchzta (t.e., raiments, ornaments, etc., brought from another, for use on the occasions of wedding, etc.,); :dhzta (2.९. a deposit,
* If any loan is given without any mortgage and the capital with the interest thereon doubles itself and the debtor mortgages to the creditor any land nnder cultivation, the former can release the property when his debt is paid off from the produce thereof. If there is no such contract between the parties as, ‘If there is greater produce, the creditor is to reap the benefit, and if less, he is to suffer loss,” then the mortgaged property will be released when double the amount is realized from the produce, and not otherwise.
+ I€ the person, with whom a deposit is made, wilfully converts it to his personal use, he must pay a monthly interest of five per cent ; af he uses it for trading purpose, he must return it with the additional
prefit made by its use.
76 Ydjfawalkya Sanhitd.
deposited again with another); ydsa (7.2. an ` érticle. which after: being shown to the head of the family, is deposited with a member thereof); and nikshepa (3.e., a deposit made directly with another). (68)
[THE LAW OF EVIDENCE. ]
THREE persons, at the lowest, must be cited as wit- messes,—persons given to the practice of austerities, charitable, born in respectable families, truthful, prefer- ring religion, simple, having children, possessed of wealth, [and, if possible,] of the same lineage (04८2) and caste (Varna). Law sanctions (also) [the production, as "witnesses, of persons belonging to] all [the orders] in [the cases of] all [the castes when those of the same caste are not available.] (6g—70)
Elderly S’rotriyds, (persons well-read in the VédA&s),. aged ascetics, religious recluses, and others (i.e., those of similar nature), are not to be cited as witnesses by virtue of a [Scriptural] Text; but no reason [thereof ]} is given. (71)
Women, old men, boys, gamblers, drunkards, mad men, persons defamed, actors or heretios, forgerers,. deformed persons, outcastes, friends, persons having some connection with the subject matter of the suit, persons whe are helping in the case, enemies, thieves, reckless individuals, vicious persons, those forsaken by friends, and [such others] are not to be [produed as] witnesses. (72—73)
Even one virtuous man may be [produced as] a wit- ness, if he is approved of by both the parties.* (74)
* Cases are cited in the Commentary where every body, even those who have been declared unfit in the preceding Couplet, may be cited as a witness; such ae, abduction, use of abusive language, beating, theft, aad administration of poison,
Yajhawalkya Sanhitd. | qT
‘The plaintiff should make the witnesses, collected near the defendant, hear :—‘ The-witness, who speaks an untruth, goes to all the regions [reserved] for perpetrators of heinous crimes, as well as those for the incendiaries and the murderers of women and children. (75-——76)
५ Know, all that little virtue, which you acquired in a hundred births, ६० be his, whom you falsely attempt to defeat.” (77)
If any person does not give evidence about a loan, he must be compelled, by the king, to pay all, [both the capital arid interest,] on the forty-sixth day; [and the king shall take] the tenth part of the money [réalized]. (78)
That wretch of a man, who, knowing all, does not give evidence, is visited by the sin and punishment of a false witness. (79)
(If witnesses are produced by] both the parties, the statement leaning on the majority [is admitted as evi- dence] ; if equal number [of witnesses are produced, the statement] of accomplished persons [18 accepted] ; if [witnesses of] both the parties are equally accomplished [the statement of] those supérior in accomplishments [is held supreme.] (80)
He, whose [written] statement the witnesses speak of as true, becomes successful (४.८. wins the case). If they speak otherwise, his defeat is certain. (81) |
If [a few] witnesses give [the same} evidence, and other more accomplished persons (2.e., witnesses) be- longing to one’s own party or the against party), er twice the number [of former witnesses, 2.९. many more witnesses}, make a contradictory statement, the former witnesses will be regarded as false ones. (82)
78 Ydjhawalkya Sanhitd.
Every such false witness must be punished separately with double the penalty of the person defeated in the suit. Law lays down banishment [as the penalty] for a Bréihmana (giving false evidence). (83)
He,—who, having been made to hear [the vow for giving] evidence, influenced by fear or by avarice, denies it to others,—shall be punished with a penalty eight times more than that [of the accused]. A Brdhmana is to be banished. (84)
A witness may prevaricate in the instance of a reli- gious student, if he is to be sentenced to death; for purifying himself (for the sin committed for this prevari- cation], a Bréhkmana should offer Séraswata-Charu (an oblation of rice, barley and pulse boiled). (85)
[LAwS RELATING TO WRITTEN DOCUMENT.)
WHATEVER arrangement [about interest and time] is completed, [between the debtor and the creditor,] with their mutual consent, it should be committed to writing, [lest the parties might forget, in future, the terms of contract}, with the names of witnesses. In that [docu- ment the name of] the capitalist (creditor) [must be written] first. (86)
[It] must be marked with (४.९; in the document should be written,) the year, month, fortnight, day, caste, gotra (family), [name of] the fellow-student,* the name of the (contracting) party, and of his father, etc. (87)
[The writing of] the terms of loan being finished, the debtor must write [on the deed] his own name in his own handwriting, and [the words] “what is written
* The word in the Text is Sabrahkmackhdrska, 3.९. > fellow-student studying a particular branch of the Véda under the same teacher.
Ydjhawalkya Sanhitd. 79
here (2.९. in this deed), is approved of by me who am the son pf such and such person.” (88)
The witnesses, of whom there should be an equal number, must write, in their own hands, mentioning first the names of their respective fathers, “I am such and such person, a witness in this (document).” (89)
The writer of the deed should then write ‘this (document) is written by me, such and such person, the son of sueh and such person, being requested by both the parties (2.९. the debtor and the creditor).” (go)
A document, written by one’s own hand, even if it is not attested by a witness, is regarded as an evidence in Smriti (Law), but not when it is executed by force or threat. (gr)
A loan, contracted by a written document, is payable by three generations. [The oreditor] may enjoy the mortgaged article so long the debt is not paid off. (92)
If a document is kept in another country, illegibly written, destroyed, becomes indistinct (2.e., the letters getting obscure or faded), lost, detached, burnt, or torn, one must have another written out. (93)
A doubtful document is to be considered valid by respective handwritings, etc., and by proofs ; such as the specification of circumstances, as to time, place, etc. ; production of witnesses, attesting to those facts; [any peculiarity of] mark, connection ( ४.८. longstanding con- nection between the parties as debtor and creditor), and acquisition [of the money.] (94) |
A debtor must enter, on the back of the deed, the payments he makes; or the creditor should grant receipt, in bis own handwriting, for the money received. (95,
After the discharge of the debt, the deed should be destroyed; or for the validity [of the transaction],
80 YdjRawalkya Samhita.
another i.¢., deed of release), executed. What is paid before a witness, must be re-paid before [another] witness. (96)
(patvi, छह Divine Tests |
Tuid (weighing in the Balance), Agnus (Fire), Jala (Water), Veska (Poison), and Kosha, are the ordeals [laid down for establishing the innocence of an accuséd] ; but these [are applied] in {cases of] serious crimes, when the accused agrees to accept himself the punishment [if his complaint is not proved]. (97)
Of his own accord, or if he is: under a special compact with the complaint, the accused must go through the ordeal or submit himself to the punishment of a defeat. In cases of treason or heinous crimes [like Brahmanicide, etc.,] everi when the complainant does not agree to take upon himself the punishment, [if he fails to prove the case,] the accused must have to go through the ordeal]. (98)
Before sunrise, [one should] sumnion [the person prepared to go through the or al], fasting from the day previous, bathed and clad in a wet cloth and make him go through the ordeal before the [Court presided by the King and the Brékmands. (99)
The 7५८4, [ordeal of the Balance, is intended] for women, children, old men, blind and lame persons, the Bréhmanés and the diseased ; Fire and Water [ordeals are for) the S’udra as also Poison of the quantity of seven barley drops.* (100)
ae ee Eee = Some Commentstors explain that the Fire is for the Kshatriya, Water for the Vaishya, and Poison for the S’udra, Ndrada says:—"A
piteher should be given to a Bréihmawma ; Fire, to a Kshatriya; Water, toa Vaishya, and Poison, to « S’udra.”
Y4jRawalhya Samhita. 82
In transactions of less than a thousand fanas, there must be no Ordeal of Fire, Poison, or of Weighing. But persons, who wish to prove their innocence, may, always, go through the ordeals in charges of treason or [other] heinous crimes [like Brahmanicide, etc.] (101)
[TULA’ OR THE ORDEAL OF BALANCE.] THE accused, after sitting on the scale [of a Balance] should have himself weighed by an expert in weighing, [such as, a goldsmith, etc.,] [with clods of earth or stones, ] equalling in weight; then marking [the measured weight], he should get down [from the scale]. (102)
{He should then declare,] “O Balance! thou art the abode of Truth; formerly thou hadst been made by the Celestials. O thou of auspiciousness, do thout speak the Truth and free me from suspicion. (103)
‘If I have perpetrated the crime, 0 mother, do thou bring me down, [making me heavier than the weight]; if I am pure, do thou take me up (¢.e., make me lighter).” {The accused should] inspire the Balance with the above Mantram. (104)
{AGN!, OR THE OREBAL OF FIRB.)
HAVING ‘marked [with any dye, the wounded parts etc., of] the palms that had ground rice, one should place there seven fig leaves and encircle them with an equal number of threads. (105)
“O Fire, O purifier, thou dost range in the hearts of all creatures. Thou art, O Kavi,* the witness of virtue and sin; do thou speak out the Truth relating te
»» (106)
[After the accused] had recited (this /antram, the Judge] should place, on both the palms [of the accused,
* Meaning Sage, Jatelligent. gi
82 Vdjhawalhkya 5490114.
two] redhot even [iron] balls, of the size of fifty pats (each).* (107)
Having taken them, he (¢.e.,. the accused) should gradually pass through seven Mandalas. (circles) ;. each circle is to consist of sixteen fingers:in extent and is to be severally placed at an equal distance (i.e., of sixteen fingers each). (108)
If after having thrown off the burning iron balls and ground rice, [it is seen that, the palms] are not burnt, [the accused] establishes his innocence. If the balls are thrown within the limit or any suspicion arises, [the accused] must,.again, have to undergo the ordeal.. (109)
(THe ORDEAL OF waTER. |
HAVING inspired the water with the Mantram, “O Varuna, protect me with Truth,” and held a person, standing navel-deep in the water, [the accused] should drown himself in it. Simultaneously an arrow should be discharged [from that place] and a strong man should be despatched [where it falls and be made to return with the shaft]. [If, after his return, he sees the accused] underneath the water, it establishes his innocence. (120—-111)
[THR ORDEAL OF POISON. |
*Q POISON! thou art the son of BrahmA§, established in the practice of Truth. Save me frotn this accusation ; displaying the Truth, be like ambrosia unto me.” (112)
. Having recited [this Mantram, the accused} should drink the Poison formed on the summit of the Himdlay4. His innocence is- established, who survives [the ordeal] without undergoing'the least physical change. (123)
* A particular weight equal to four Xroshas,
Vajhawalkya Sanmhitd. 83
[THE ORDEAL OF KOSHA.]}
^ adored the dreadful Divinities, [the Judge] should bring water for their bathing; and inspiring it with Mantram, [he should make the accused] drink, out of it, three handfuls. (114)
If within fourteen days, [the accused] is not visited with a dreadful calamity, divine or regal, he will be, for- sooth, declared innecent. (115)
(DA’YABMA'GA, OR DIVISIONS OF PROPERTY ANONG HEIRS. }
Ir a father takes upon himself the division of [his property], he can do so: [and] at his free will [divide his self-acquired property] amongst his sons, either giving a larger share to the eldest-born, or making ail the shares equal. (116)
If he makes the allotments equal, his wives, to whom no Séridhan has been given by their husband or their father-in-law, must be rendered partakers of like por-. tions. (117)
{The son], who is capable and reluctant to take his father’s property, may be separated on being given a moiety. A lawful distribution,. made by the father amongst his sons separated with greater or lesser allot- ments, is pronounced valid. (118)
After the demise of both the parents, the sons should, equally, divide the properties and the debts [amongst themselves]. After paying off their mother’s debts, the daughters should, [equally, divide] their mother’s [Stridkan-property]; in their absence, the sons. (1 19)
Without impairing the ancestral property, whatever else is acquired by one by one’s exertions, whatever is got by one from one’s friend or by one’s marriage must not be partitioned [amongst the co-sharers]. (120)
84 Véjaawalkya Samhitl.
No share, of the ancestral property, seized by others, which, one rescues, is.to be given to others; nor that of what is acjuired by one by one’s learning.* (121)
The younger brothers, receiving education, are enr titled to a share of what the eldest brother multiplies [on the ancestzal property], after the death of their father.f (122)
Whatever accumulation is made, [on the joint pro- perty] by joint labours, must be, equally, divided. To grandsons by different fathers.shall be allotted the por- tions of their respective fathers.{ (123)
The ownership of father and son is the same in land which was acquired by father’s father, or in corody,9 or. in effects. (124)
When the sons have been separated; a posthumous son, born of a woman equal in class, shares in the distribution His allotment must positively be made
* All those properties are not to be partitioned, if they are acquired without taking any advantage of, or without impairing, the ancestral property, otherwise not. But if one multiplies the joint property by vesorting to agriculture or merchandise, the additional property must be @ivided amongst the corsharcrs.
+ This S'loka does not oocur in the body of the Bombay Text. But. it is quoted in the Commentary as being. a part of Ndévada's Text. .
‡ To grandsons, of whom the fathers are different, shal]! bé allotted portions, ia. right of their several fathers ;. all the grandsons succeed to the proper shares of their respective fathers: consequently, so many shares should be formed, as there are sons of the original proprietor, and each shall be given to their. respective sons; and let them take these shares, whether they be uterine brothers or born of different mothers, and whether they Mve together, or sub-divide the shares, according to the number of. their own brothers respectively: such is the meaning
of the Text
What is fized by a promise or assignment.
Véjfawalhkya Samhtta. 8
out of the visible estate-corrected for income and ex-~ pernditure.* (125)
Whatever articles are given by parents to a son, are his. If a partition is made after the demise of the father, the mother takes a share equal [to her son’s]. (126)
Uninitiated brothers should be initiated by those for whom the ceremonies have been already performed but sisters skould be disposed of in matriage, giving them as an allotmert a fourth part of a brother's own share. (127)
The sons of a Bréhmana, in order of the caste, are entitled to four, three, two and one, shares of the property ; the sons of a Kshatrzya, to three, two and one, shares ; those of a Vaishya, to two and one, shares. (128)
If any portion of the property, which has been [previously] stolen by one, is found out after partition, it must be, equally, divided amongst all the co-sharers ; for such is the Law. (12g) |
A son, begotten on his own wife by a sonless person through another with the permission of his preceptor, is morally entitled to inherit the properties of, and offer funeral cakes for, the both (६.८. the person who pro- creates and the person on whose wife he does so). (130)
The legitimate son of the body, is one who 1s.pro- duced by a lawful wife; the son of an appointed daughter, is equal to him; ¢he son of the (soil or) wife, 15 one begotten on her by an appointed kinsman sprung. from the same original stock (with her husband), or by another person duly authorised; a male child, secretly brought forth (by a married woman) in the mansion
* In some Texts there is the word fas’chéivd, instead of dris’ydtea: the former means,—" after the death of the father,” i.¢., a son, so bere, is, also, entitled to a share.
86 Vdjfawalkya Samhité.
(of her lord), is considered as a-son of concealed birth; the Kénina or 2 SOn born of a young woman unmarried, is considered as the son of his maternal grandfather ; a@ son of the twice-marrted, is one born of a woman (by a second marriage), whether she be at the time of marriage deflowered (virgin) or not; @ son given, is one received, as a gift, from one’s natural father or mother : a son bough, is one sold by one’s parents; @ son made, is one (born of other parents and) adopted by a man for himself; a son self-given, is he who [vcluntarily] gives himself to another; @ son of a pregnant bride, is one accepted while yet in the womb of the bride; 4 deserted son, when taken [by another], becomes his apaviddha son. In the absence of the preceding one, the succeeding one is entitled to offer* Jznda and inherit the
property. (131—-135)
* These are the twelve dlasses of sons, according to Ydjfawalkya. According to the calculation of some authorities, the number, of sons, including the Ouras'a, is extended even to fifteen, as in the following Text of Law quoted in the Dat‘ata-Mimdnsd :—" 1. The legitimate son ; 2. the appointed daughter; 3. the son begotten on another’s wife; 4. the son of the wife; 5. the son of an appointed daughter; 6. the son of a twice.married woman; 7. the damscl’s son; 8. the son received with (ia the womb of} a pregnant bride; g. the son of hidden origin; 10. the ` son given; 11. the son purchased; 12. the son self-given; 13. the son made; 14. deserted son; 15. one born of a woman cf unknown caste.”
Of these, however, in the present age, all are not recognized. Of the several sons, only the Dattaka (the son given) can, at present, be made a substitute for the Ouras’a son. The observations of Sir Thomas Strange and Sir William Macnaghten will explain the point more clearly :-—‘' And now, these two, the son by birth emphatically so-called (0047038 }, and (Datiaka) meaning alwzys the son given, are, generally speaking, the only subsisting ones allowed to be capable of answering the purpose of son; the rest and all concerning them, being parts of Ancient Law, understood to have been abrogated as the causes arose, at the beginning of the Kali Age,”—Strange, Hindu Law, Vol, 1 , p. 63.
Vajhawalkya Samhsté. Sy
This law holds good in [the cases of] sons of the same. caste. [A son,] even if begotten on a S’€dra maid-servant, is entitled to a share {of the property],- [if the father} so desires it. (136)
After the demise of the father, the [other] brothers are to give him (#.e., the son of the S’édra-wife) half {of each of their respective shares]. In the absence of other brothers, or of the sons of daughters, he (the son of the Sédra-wife) is [solely] entitled to the entire property. (137)
If a person dies without a male issue, his wife daughters, father, mother, brothers, their sons, or one born in the same family, a friend, a disciple, or a fellow- student, would inherit his property by gradation,—the next party succeeding in the absence of the previous one. This law is applicable to persons of the same caste.* (1 38--1 39)
The preceptor, a qualified discip.e, a brother of the same religious persuasion and an associate in holiness: (one living in the same hermitage and belonging to the same order), shall, in order, inherit (z.¢., the next suc- ceeding in the absence of the previous person) the properties (books, clothes, etc.,). of a Vdnaprastha,t Yait:,$ and a Bréhmachérin (religious student.) (140)
A re-united parcener,§ [and in the case of a brother of whole blood being included in the party,] or [the
* In the absence of a son, the wife inherits;.in her absence, the daughter, and so forth.
+t A Brékmana in the third stage of his religious life; a hermit.
व An ascetic who has renounced the world.
§ The word in the Text is Samsrisathi ६. or re-united. The term एद union is thus explained by Vrihaspati:—" He, who being once separated, dwells, again, through affection, with his father, brother, or paternal uncle, is termed re-united.”
88 Vdjiawalkya Samhité.
re-united] brother, shall keep the share of his re-united co-heir or brother, who is deceased; or shall deliver it to a son subsequently born. (141)
A re-united brother, born of another mother, shall take the property of the (deceased] step-brother, (if the latter has no uterine brother). [A brother,] even if not re-united, shall take [the property of his deceased uterine [brother], but not a re-united brother born of another mother.* (142)
An impotent person, an outcaste and his son, oné who is lame, > madman, an idiot, one born blind, a person afflicted with an incurable disease and such like others, must be maintained without any allotment of shares. (143).
But sons of such persons, whether born of their own loins or on the soil, being free from similar defects, shall obtain their fathers’ shares of the inheritance; the daughters must be maintained until they are not provided with husbands. (144)
Their childless wives, who are of good conduct (z.e., chaste) should he maintained; but disloyal and
Fimut-Vdhana says :-—"' Father, son, brothers, paternal uncles and the rest, are, when re-united, reckoned re-united paiceners. The term ‘the rest,’ means son and nephew. The partnership of traders is no re.union. The parties are said to be re-united when they form one household, The meaning of Vrihaspati’s Text is that persons, who by birth, have coiimon rights over the estate acquired by’the father or by the grandfather, or by the both, as father (and son), brothers, uncle {and nephew), etc., are sdid to be re-umited, when after having a parti. tion made, they come, again, live together through mutual affection.
* The meaning is :—If there he only half-brothers, the property, of the deceased, must be assigned, in the first instadice, to the re-united one; but, if there be none such, to the half-brothers, not re-united, But, if ao uterine brother, even not re-united, lives, the half-brothers, even when te-uonited, shall not inherit.
Yajfawelkya ,5८ 9244, 89
traitorous wives must be banished from the habita- tion. (145)
What has been given to a woman by the father, the mother, the husband, or a brother, or reccived by her at the nuptial fire, or presented to her on her husband’s marriage with another wife,* is denominated Stridhan 07 a woman’s property. (146)
What has been given to her by her kindred (४.९) persons who are related through the father, or the mother), as well as her fee or gratuity, or what has been presented to her, after marriage, by her husband’s, or her father’s, family,t [is also known as Sfridhan]. If she dies without any son or daughter, her kinsmen must inherit [her Sfridhan. (147)
The separate property of a childless woman, married according to the four forms denominated Bréhkma, etc., (Daiva, A’rshya and Prajépatya), goes to her hus- band. [In other three forms, 278.) Asura, Rékshasa and Paishdécha], the mother [inherits the Strédkan] of the daughter, failing her the father. (148)
If after having promised a maiden [to be given away in marriage to one man, her father] does not do so [in the interest of a better bridegraom], he must be punished and be compelled to return, to the bridegroom elect, whatever he has spent, with interest. On the demise [of such a maiden, the bridegroom] should take back all,f after having re-paid what [the bride’s father] had spent. (149)
Ea
* That wealth, which is given to gratify a first wife bya man ‘desirous of marrying a second, is called ddhivedanika. † The word in the Text is anwadhaja, i.c., gift subsequent ‡ Some Texts read dattam for sarvam, meaning “ the bridegroom should take back what he had presented to the bride.” 12
90 11100402 Sanhité.
A husband is not liable to make good the property of his wife, taken by him in a famine, or for the per- formance of a duty, or during illness, or under restraint [which a creditor or other person imposes on him for the purpose of recovering his right.] (150)
To a woman whose husband marries a second wife, let him give an equal sum, as a compensatton for the supersession, provided no S¢védkan has been bestowed on her; but, if any has been assigned, let him allot half. (151)
If partition is denied, it must be determined by kinsmen, friends, witnesses, written documents, and separated dwelling-house, lands, etc. (152)
[LAWS RELATING TO DISPUTES ABOUT BOUNDARIES. |
IN disputes relating to boundaries of land under cultivation, persons residing in surrounding villages, aged men and other [competent persons], cow-herds, persons cultivating boundary lands and all persons living on forest produce, should determine those boundary [dis- putes.] It (z.¢., the boundary) should be determined by — elevated lands, charcoal, chaff, huge trees, bridges, ant- hills, ditches, bones-and piles of stones. (1 53--154)
Or persons from neighbouring villages, equal in number (४.९, two or four villagers)}—fowur, eight or ten,— wearing red garlands and red raiments, and carrying earth, should settle the boundary lines. (155)
If [this settlement of the boundary be proved] false, each [implicated] person should be punished by the king with the second of the three penalties (४.८.) with a fine of five hundred and forty coins). In the absence of persons knowing the facts or landmarks [noted above], the king should [himself] determine the boundaries. (156) _
127 7420८604 Sanhitd. gt
This should, also, be known as the Law in disputes relating to fruit, gardens, temples, villages, tanks, pleasure-gardens, dwelling-houses and drains. (157)
{In cases relating to] the destruction of landmarks, transgression of the boundary lines and misappropriation of field, one should be punished wit® the lowest, middling and highest penalty. (158)
[If a person] encroaches upon another’s land [for the construction of a bridge], he must not be prevented ; for [though] a bridge aftects [one’s land], to a slight extent, yet it serves a great many useful purpose; [simi- larly, in the case of sinking a well]; for a well occupy- ing a small space contains profuse water. (159)
If a person constructs a bridge upon another’s land, without informing the owner thereof,.the latter, and, in his absence, the king, is entitled to all the benefits accruing therefrom. (160)
He, who, having ploughed a plot of land, does not {himself] sow seeds [thereon] or make [another] sow them, must pay [the owner] that quantity of corns which it would have yielded; [and the owner] shall make over the land to another. (161) ५
(LAWS RELATING TO DISPUTES AMONGST THE KEEPERS. ]
Ir a buffalo destroys ‘another's corn, (its owner must be fined] eight Médshds ; if a cow, with half of it (४९). four mdshds): and aif goat or a lamb, with half of the half (2.e., two méshds.) (162)
Animals sitting [in the field], after having eaten up the crops, are to be punished with double the fine The same amount fof fine is to be levied] when des- troying a plot of land covered with grass, etc. [The
92 1.1 11/11 | Samhita:
penalty] for an ass or acamel is. what 15. for a she-. buffalo. (163)
The quantity of corns destroyed must be made good to the owner. The keeper of the.cattle must be chas- tised, but the owner must pay the penalty mentioned before. (164).
{If a keeper or a owner of cattle allows. them [to graze] unwillingly on fields situated at the outskirts of a highway, or a village, or a plot of iand covered with grass, he commits no offence., But if he does it willing- ly, he.is to be punished like a thief. (165)
Huge bulls; animals discharged [by their owner for religious Spurposes] ;, kine that have, recently, given birth to young ones; those coming from other villages ; and those that have keépers but have been distressed by a king, or afflicted with diseases ;—are to be re- leased. (166)
A, keeper should, in the evening, return his cattle [to the owner] as they had been committed to his charge. If any is lost or killea, [the keeper], who is paid, must re-place it. (167)
In case of destruction, owing to the negligence of a. keeper, [a fine of] half of thirteen Janas is the punish-. ment to be inflicted upon him and he must make good the loss to the owner. (168)
According to the desire of the. villagers and with the permission of the king, a pasturage should be set apart for the kine. A _ twice-born person is allowed to collect grass, sacrificial fuel and flowers from every where, as if they are his own. (169)
A distance of a hundred dhanus (a measure of length, equal to four cubits) should be kept on all sides between a village and fields; (that of] two hundred
Ydjiawalkya Samhitd. 93
between a village covered with thorns [and fields]; [and that of] four hundred [dhanus] between a city [and fields.] (170)
[LAWS RELATING TO SALE OF ARTICLES BY ONE WHO IS NOT ITS LAWFUL OWNER. ]
ONE should [at once] take possession of his own article [from the purchaser] that has been sold by one who was not its owner. The purchaser commits an offence in a secret [purchase]. [If a person purchases an article], from a person who has acquired it by unfair means, secretly, at a reduced price and untimely, [he is to be treated] as a thief. (171)
Having obtained a lost or stolen article, one, (z.e., the purchaser) should have the thief arrested. If he is dead, or gone to an unknown country, the purchaser should himself make it over [to the owner]. (172).
By pointing out the seller, [the purchaser is declared] innocent. And from the seller the [rightful] owner shall obtain the article, and the purchaser his money ; and the king must punish him. (173)
[The owner] must establish his claim, on the lost article, by producing evidence of its acquisition and possession, or else (४.९, if one lays a false claim), the king must punish him with a fine to the extent of one- fifth of the value. (174)
One, who takes a lost or stolen article, from another's hands, without giving information to the king, shall be punished with a fine of ninety-six panas. (175)
The owner can lay his claim within one year from the date when a lost or stolen article is brought by cus- tom officers or guards. After that it goes to the
king. (176)
94 Yajfiawalkya Samhita.
[The owner should give, as duty to the king,] four panas for an animal whose hoof is not cloven (such as a horse, an ass, etc.,); five, for men; two each, fora buffalo, camel and a cow; and one, for a goat or a
lamb. (177)
[LAWS RELATING TO GIFS AWD ITS ACCEPTANCE. }
ONE can give away his own property, if [such gift] does not interfere with the maintenance of his kinsmen, besides his wife and son; but not all, if son and grand- 801) exist, nor what has been promised to anocher. (178)
Let the acceptance be public, specially of immovable property: and delivering what may be given and has been promised, let not a man resume it. (179)
[Laws RELATING TO RECISS!ON, OR RETURNING A THING PURCHASED TO THE SELLER.] TEN days, one day, five days, one week, one month, three days and a fortnight, form, in order, the time for the examination [and return, if the purchaser repents for it] of seeds, iron, beasts of burden, gems, female- servants, milch-cows and man-servants (18a)
Gold does not suffer deterioration in fire; the deterioration of silver is two, of tin and lead eight, of copper five, and of iron ten, palas per hundred. (181)
Ten palas for every hundred is the increased weight of a cloth made of rough woolen texture, as well as of a cloth made of similar thread of the middlIng quality, and three (1.c., fa/as is the increased weight) of very fine texture, (182)
One thirtieth part is the deterioration of raw materials when they are done into a cloth with em- broidery work or that set with false wool. In silk
Yéjfawalkya Sanhité. 95
cloth and bark there ts neither increase nor deteriora- tion. £183)*
(When any article is spoilt,] the artisan is bound to pay, without any doubt, the amount of compensation determined by experts considering the time, place, enjoyment, and the intrinsic value of the article. (184)
[LAWS RELATING TO BREACH OF CONTRAC!, OR ENGAGEMENT SETWEEN MASTER AND SERVANT }
ONE, who has been made a slave by force, or one sold by a thief, shall be released ; [similarly, the slave] who saves the life of his maste:, and one, who has accepted slavery for being fed, shall be released on pay- ing the money [spent by the master for his slave]. (185)
One, who has returned from the life of a religious mendicant, shall be a slave to the king till one’s death. Slavery is to be accepted] in the natural order of caste (7.¢., an inferior caste shall be a slave to a superior one), and not in the reverse order (é.¢e., a higher caste- man shall never be a slave to a lower one). (186).
Even if one has learnt the art [withia the prescribed time], he must live in the house of one’s teacher for the full period of contract. The, student, desirous of learning an art, who has received his board from the teacher, must make over to the latter the fruits of his
labour {during the period of his pupilage]. (187).
* The purport of these S’/okas is that when raw materials, such as gold, or silk textures, are made over to an artisan for making ornaments or raiments, the latter, when made ready must be weighed under these regulations. If there be any increase or decrease, in the weight the
artist an is to be punished.
96 Yijnawalkya Samhité.
[LAWS RELATING TO THE BREACH OF ESTABLISHED USAGS CR CUSTOM OF A PUBLIC BODY. | HAVING made [suitable] houses in [his city], the king should make the Bréhmands settle there. And having granted them stipends for learning the three Védas, he should say,—‘“ Follow your own vocation.” (188)
He (४.९. the Bréhmana), following, without any hinderance, his own vocation, should, with care, satisfy those which time brings on,* as well as those imposed on him by the king.t (189)
He, who robs the wealth of the villagers or breaks the established custom of the society, should be banished from the kingdom, after having been stripped off all his possesions. (190) । |
All should follow the words of persons who speak in the interest of a public body. He, who acts otherwise, shall be punished with the first form of penalty. (191).
The king should finish the business of persons who approaches him in the interest of a public body and send them away after having honoured them with gifts and {other] marks of royal favour. (192)
Whatever a person, sent out by a public body [on a public work] gets, he must make it over (to that body]. If he himself does not give it, he must be punished with eleven times [the amount]. (193)
Persons, conversant with Védds, pure-minded and shorn of avarice, shquld be placed at the head [of a public body] to administer its affairs. All should follow
* Such as during an accidental calamity like a famine, etc., he should spend his money to help others and visit other peoples’ houses.
f i.¢., Study of a particular subject or the celebration of a particular religious rite required by the king.
1८/74 00 ८.९/4 Samhité. 97
the words of those persons speaking in the interest of a public body. (194)
This, also, is the Law for (.S’veni) a guild or company of traders and artisans, (naigama) persons of various castes coming from different countries for trading pur- poses and (pfds’dndis) , heretics. The king should prevent dissensions [from taking place amongst them] and make them follow their previous callings. (195)
[LAWS RELATING TO NON-PAYMENT OF WAGES. ]
[IF a servant,] receiving wages, refuses to do the work {stipulated for], he must pay double the amount [to his master], and in case of not receiving any payment an amount equal [to the wages]; all household articles and implements must be protected by the servants. (196)
A person, who makes [a servant] work for him with- out settling his wages, must be punished by the king with the tenth part [of the profit, to be realized) from his trade, cattle or corns; [and it must be paid to the servant]. (197)
To pay wages to [the servant], who transgresses time and place (z.¢., who does not cultivate properly and in due time), and who decreases the amount of profit {by over expenditure], depends upon the will of the master. Something more [than the fixed wages] should be paid [to the servant], if he makes a greater out- turn. (198)
If two persons cannot, jointly, finish a work, wages should be paid to them according to the extent of the work done. If they can finish it, the stipulated wages must be paid. (199)
If a carrier breaks a vessel without any accident or oppression of the king. he shall be made [to pay for
23
98 17204८६2 Samhitd.
it} By putting obstacles to carrying articles for a bridal party, he must be made to pay double the amount of his (own) wages. (200)
[If a servant gives up the work] at the time of his departure, [but while there is stilltime for engaging another servant, he should forfeit] one-seventh of his pay [as penalty]; if on the way, a fourth part; and if half way, all his wages A master, dismissing [a servant under similar circumstances,] shall be punished. (201)
[LAWS RELATING TO GAMBLING AND BETTING WITH LIVING CREATURES | IN a gambling match, where increase is made by 2 hundredfold betting, the keeper of the gambling-house should take five per cent. [of the earnings made by] a fraudulent gamester and ten per cent. [of the bet} from others (2.¢., those defeated.) (202)
He (i.e., the keeper of a gambling-house) should, always, be protected [by the king from the fraudulent gamesters], and he must pay to the king his share as sti- pulated for. He should pay to the winning [gamester his due after collecting it] from the losing party. He should speak the truth and be forgiving. (203)
After having exacted his royalty, the king should make the losing party pay the winner his due ina place where the party consists of fraudulent .gamesters and keepers ; otherwise not. (204)
[Some gamesters should be appointed by the king] as judges of gambling-suits ; and some, as witnesses. The king should make those, who play fraudulently or with a motive to cheat, first undergo the operation of the bran- diron and then banish them [from the kingdom]. (205)
YdjRawalkya Sanhitd 99
Inorder to keep information about thieves [who generally frequent there] a person should be appointed as a superintendent of gambling-houses; this should, also, be known as the Law in betting with living animals. (206)
LAWS RELATING TO THE USE OF ABUSIVE WORDS ANB DEFAMATION. WHETHER truly or falsely or by way of joke, if one vili- fies another [of the same caste] as having a defective limb, or a defective organ, or suffering from a [vile] disease [like leprosy], he should be punished with a fine of half of thirteen panas. (207)
A king should punish, with a fine of twenty-five panas, [a person] vilifying another, by saying,—" I have known your mother or sister.’”’ (208) |
Half [is the penalty of a superior caste, using abusive language] towards inferior castes. Double is the penal- ty, [for one who vilifies] other people’s wives and persons of superior castes. Punishment should be meted in order of the superiority of Varnas (Bradhmana, Kshatriya, Vats’ya and S’ddra), and castes (3.e., mixed castes.) (209)
In the case of a person, of an inferior caste, using abusive language towards one of a superior order, the punishment should be double or threefold. But when a superior caste vilifies an inferior one, he should be punished in order with half the penalty. (210)
In a case where one uses words destructive of {another's} arms, neck, eyes or thighs, the penalty should be a hundred fanas. But in the event of hands or feet, ears or nose, the penalty should be half [the
amount] (211)
100 YéjfRawalkya Samhitd.
An incapable person, caluminating thus, should be punished with a fine of ten panas. But a capable person [on being punished] should have to furnish a surety for the protection of the person [abused]. (212)
When any defamatory language is used [against a person] which is likely to estrange him from his society, (the person using such a language] should be punished with the second form of pecuniary penalty. When the defamation relates to the second form of sin, the lowest form of pecuniary punishment should be his portion. (213)
Use of abusive language towards a pérson who has mastered the three Védds, towards a king or a deity [shall bring on] the highest form of pecuniary punish- ment. The second form of pecuniary punishment is {for the use of abusive language] towards caste and corporate bodies; and the lowest, for vilifying a village or country. (214)
[LAWS RELATING TO ASSAULT OR VIOLENCE ]
A JUDGE should try a case, where there is no eye- witness, after carefully examining the marks and the motive [of assault], depending upon the rumour and fearing lest a false mark is made. (215)
When one throws, on another’s person, ashes, clay or dust, the punishment, laid down in the scriptures, is a fine of ten gands. In the case of polluting by touches of an unholy thing, heel or saliva, [the fine} should be. double (the amount]. [2:6]
This [Law] holds good in cases between persons of the same order and equal rank; double [between] other people’s wives and persons of superior caste; and half [when the offence is committed towards] persons
Ydjfawalkya Samhité. 101
of inferior castes. There should be no punishment, [if the offence is committed] out of mental derangement or drunkenness. (217)
The limb, of a person other than a Brdhmana (1.e., of an inferior caste), which inflicts pain on a Vigra, should be cut off; when any weapon is uplifted [for the pur- pose], the penalty should be the lowest form of pecuniary punishment ; when it is merely touched [the fine] is half the amount. (218)
The penalty is a fine of ten and twenty Janas [sever- ally) when the hand or foot is raised up [for striking a person of the same caste]. The second form of pecu- niary punishment [is the penalty] for all when they take up arms [for striking one another]. (219)
Ten panas [is the fine when one] pulls another [of the same caste] by holding his feet, hands, cloth or hand. [A fine of] a hundred Janas [shall be imposed on a person} binding another with a cloth, handling him roughly, or pulling or striking him with his feet. (220)
A person, striking another with a piece of wood, etc., but without shedding any blood, should be punished with a fine of twenty-two panas. The- penalty is double when marks of blood are seen. (221).
When hands, legs, or teeth are broken, ear or nose is lopped off, any wound is rendered fresh, or a person is beaten almost to death, [the person, who so strikes. shoula be dealt] with the second form of punish- ment. (222) ne.
[If, by the assault,] one is rendered incapable of moving about, eating or speaking, if eyes, etc., are bored © through, if neck, arms or thighs are broken, the second form of penalty [is to be imposed]. (223)
802 Yajfawalkya Samarta.
` Double is the penalty, as mentioned before, when one person is assaulted or struck by many. Whatever is taken away, during an affray, must be returned [to the owner]; Law lays down that [the person who takes the article} must be punished [with a fine] double [the value cf the article]. (224)
A person, who thus inflicts an wound [on the person of another], should be made to pay the cost of healing it and must be punished with the fine laid down for a particular affray [in which he may be involved]. (225)
For extirpating, rending, dividing into two parts and pulling down a wail, [the perpetrator] should be fined ten, twenty, or thirty-five, Janas [respectively as compen- sation to the owner]. (226)
For throwing articles, that may give pain, into an- other’s house or those, that may destroy life, [the person committing] the first [offence], should be compelled to pay sixteen panas; and the second [should be punished with] the second form of penalty. (227)
For striking small animals (as goat, etc.), shedding theit blood, cutting their horns and seveting their limbs, one should be made tu pay a penalty of two panas and others in order. (228) |
For cutting off their organs of generation or killing them, [one should be punished with] the second form of punishment and made to pay the owner the price [of the same]. Double is the penalty in offences relating to big animals like bull, etc.) (229)
[In offences relating to] the cutting of branches, and trunks and to the entire destruction of huge trees (like fig, etc.), and those which yield livelihood [to the owner, such as mangoe, -etc.], the penalty is double the
VéjRawalkya Samhité. 103
twenty panas (i.¢., twenty forty and eighty Janes in order . (230)
Double is the penalty laid down [for cutting] trees grown near a monument, a cremation-ground, a boundary line, a sacred place, or a temple. (z31).
Half, of what has been laid down before, is the penalty for cutting down groves, bushes, creepers, plants and medicinal herbs grown in places mentioned before. (232)
(LAWS RELATING TO ROBBERY )
To take a joint property or one not belonging to him, is designated sdhasa (robbery) in the Swmerztz. [A person, committing such an act but admitting it], should bé punished with a fine double [the value of the article] ; on denial, the penalty should be fourfold. (233)
He, who makes [another] commit theft or robbery, should be punished with [a fine} double [the value of the article. He, who makes [another] commit it by saying,— “1 shall give you money,” should be made to pay a penalty] four times [the value of the stolen article]. (234)
He,—who abuses and transgresses the orders of per- sons deserving respect, who beats his bitother’s wife, who does not give a promised amount, who opens the doors of a closed house [without the permission of the master], who injures his neighbouring landholder, persons born in the same family, or his own _ villagers,— should be punished with fifty ganas. Such is the Law (235—236) |
He,—who of his own accord knows a widow who does not exert to help a person seeking his protection from fear of thieves, who cries without any cause a Chandéla, who touches a high-caste person, a S’£dra,
104 Ydj;iawalkya Samhitd.
who feeds religious mendicants at rites (performed for] the deities and departed manes, who swears impro- perly, who being himself unqualified performs a rite worthy of being celebrated by a qualified person, who cuts off the generative organ of a bull or of small animals, who misappropriates a public property, who destroys the embryo of a female servant, who without any justification renounces any amongst the following, a tather, a son, a sister, a brother, a husband, a wife, a preceptor or a disciple,—should be punished with [a fine of] a hundred panas. (237—-240) |
For wearing a cloth, belonging to anozher, [broughe for washing], a washerman should be fined three panas. For selling, hiring, mortgaging or giving it to another for use when solicited, {he should be fined] ten Janas. (241)
Three fanas is the penalty for persons giving evi- dence in quarrels between a father and son. He, who stands as a surety to them, is to pay a penalty of eight times three (४.८. twenty-four) panas. (242)
He, who counterfeits or forges scales, or plates in- scribing grants of land, or standards of measure and coins and makes use of them [as genuine], should be punished with the highest form of pecuniary punish- ment. (243)
The examiner of coins, and articles stamped with impression, who passes a counterfeit or a false or forged article for a real one, and a real one for a false one, should be punished with the highest form of pecuniary punishment. (244)
A quack [a physician without any pretence to the knowledge of the healing art], when meddling in the treatment of the feathery tribe or the quadruped, and
Yéjiiawalkya Samhitd. ros
making a muddle of the same, should be punished with the lowest form of pecuniary punishment ; [when med- dling in the treatment] of ordinary mortals, the second form, [and when] of the king’s officers, the highest form, of pecuniary punishments should be his portion. (245)
He, who binds a person who should not be bound, or who releases one fettered [by the king] before the final disposal of the case, should be punished with the highest form of pecuniary punishment. (246)
He, who pilfers [by a trick] one-eighth part of [grains, etc.,] while weighing by a standard measure, or in thé scale [of a balance], should be made to pay two hundred fazas [as fine]; [the penalty] is laid down according to the higher or lesser [weight of the article stolen] (247)
For mixing spurious articles with (7.¢., adulterating) medicinal drugs, oily substances (2.e., oil, clarified butter, etc.,) salt, scented rice, treacle, etc., one should be fined sixteen panas. (248)
{[One], making a spurious imitation of earth, leather, threads, iron, bark or cloth, should be punished [with a fine) eight times the value of the saleable article. (249) :
For mortgaging or selling a box closed,* or a vessel - containing imitations of valuable articles, (such as musk, etc.), one should be punished according to Law. (250) |
(If it is sold or mortgaged] for a lesser amount than a pana, [the penalty] is fifty; if for a pana, a hundred; and if for two panas, two hundred. [The amount of
* There are two boxes—one containing precious stones and the other false ones. If the former is shown at the time of sale or of mortgage, and subsequently cleverly substituted by the latter; the person, so doing, should be punished.
14
106 Ydjfhawalkya Samhité.
fine increases} with the increased value [of the articles.] (251)
The highest form of pecuniary punishment is laid down for them, who, knowing the standard value (of a thing) settled by the king, in a body so increase or decrease its value as is painful to the artist or the artisan. (252)
The highest form of pecuniary punishment is laid down for those merchants, who in a body obstruct the sale of foreign articles, (z.e., do not purchase them at the price fixed by the king, in order to buy them cheap) and those who sell them [at a higher price.] (253)
Sale and purchase shall be conducted daily accord- ing to the value fixed by the king. The surplus, on the fixed value, is to be recognized as the profit of the trade. (254).
On indigenous articles, the trader, who sells them immediately after purchase, shall make a profit of five per cent., and ten per cent., on those coming from other countries. (255)
Calculating the intrinsic value of commodities and the charges for: bringing them, the king shall so fix their price that the seller or buyer may not suffer any 1085. (256)
(LAWS RELATING TO NON-DELIVERY OF ARTICLES SOLD.]
He, who having received the value of a commodity, does not make it over to the buyer [when he demands it], shall be called upon to pay the value with profit or interest. If the purchaser comes from another country, the seller shall be made to pay [to the buyer] the profit that might have been made in that country. (257)
If the first purchaser [after having paid the price], dees not take delivery of the article sold, it should be
Vajflawalkya Samhité. 107
sold again [by the seller]. Any loss [sustained in this transaction}, because it is occasioned by the negligence of the first purchaser, must be his. (258)
But any deterioration, caused to the commodity by a calamity divine or regal, must be [compensated by the seller, if he does not deliver it [to the purchaser. when asked to do so. (259).
If one re-sells [to another] an article, sold [to one}. ora defective article for a sound one he, should be punished with double the value [of the article in question]. (260)
Having purchased commodities of trade, not knowing their exact value, a trader should not re- pent: if he does, he makes himself liable to a penalty of one-sixth [of their value.] (261)
[Laws RELATING TO JOINT-STOCK COMPANIES, OR A NUMBER OF PERSONS CARRYING ON A TRADE.
A NUMBER of traders, carrying on a trade for making profit, shall share profit and loss according to their respective shares, or according to the compact made {between themselves.] (262)
[If any member of a company] doesan act, forbidden [by the general body], or without their permission, or carelessly, and thereby causes a loss, he shall have to make good the same. [If one] protects (its interests] at atime of imminent danger, he shall be entitled to {an additional share of] one-tenth of the profit as his reward. (263) |
The king shall levy a twentieth part [of the profit] as his royalty, because it is he who rules the market as the appraiser [of commodities}. What has been forbid- den for sale and what is worthy of the royalty, even when sold, should go to him (264)
108 Ydjiawalkyz Samhitd.
He, who makes a false statement regarding the quantity of articles {in order to evade payment of proper duty], or he, who goes away from the place where duty is collected,—such a deceitful seller or buyer.—should be punished [with a fine] eight times the value [of the article]. (265)
If a person, engaged in the collection of customs duty, collects the same on articles carried on land, should be made to pay a fine of ten fanas. {Similar should be the punishment of a person,] who, renouncing a neighbouring Bréhmana, invites another. (266)
{If one of the partners,}] after going to a foreign country, dies there, ‘\is share shall revert to his sons, relatives, kinsmen, or to his other partners who have returned ; and, in their absence, to the king. (267)
They (४.९. the members of a company) hould drive away a deceitful partner, after having deprived him of his share, and should appoint, छ an incapable one, another to conduct the business [on his behalf]. This law is, also, applicable to priests, cultivators and artisans. (268)
LAWS RELATING TO THEFT.
A PERSON, with whom stolen property is found, who has a special mark of a thief in him, who had been pre- viously convicted of theft, and whose whereabouts are not known, may be arrested as thieves by officers who are empowered [for so doing]. (269)
Some others may be arrested on suspicion, (such as) those who do not give out their name or caste; those, who are addicted to gambling, women and drinking persons, whose mouth dries up and voice [falters on being questioned]: persons, who enquire [without any appar-. ent cause} about another's property and house ; those,
Vdjfiawalkya Samhrté. 109
who secretly move about ; those, who are lavish in their expenditure, without having any source of income; and those, who sell broken articles. (270—271)
If a person, who is arrested, on a suspicious charge of theft, cannot establish his innocence, the king shall compel him to return [or compensate] the stolen article and punish him like a thief. (272)
After haying compelled him to return the stolen property [or to compensate its value}, the king should destroy the thief with the various means of destruction. Having branded (the forehead of] a Bréhkmana (thief, he] should banish him from his kingdom. (273)
{If a person} is killed, or {any article or an animal] is stolen, the offence is to be laid at the door of the master {or protector] of the village, if he cannot find out the way by which the thief has made his escape. [If any theft is committed on a pasturage, the blame lies] with the master of the pasturage; if on a road or on lands other than a pasturage, the guard thereof [is responsible]. (274)
(If any theft is committed] on a boundary, the vil- lagers are [either] to produce [the thief, or the master of that village], where his footmarks end. If, at a distance of two miles [and] in the midst of many villages, [the theft is committed,] five villages or ten villages (2.¢., the residents thereof, are to be held responsible).* (275)
[A king] should put to the operation of a S’@/a (iron pole), persons, who snatch away a prisoner, who steal ele- phants and horses, and who kill another forcibly. (276)
* Responsibility, as described in this couplet and the preceding one, means that the persons, referred therein, are to make good the loss ot the owner. It is, furthermore, mentioned, in a Commentary, that the king himself should make good the loss, if the parties rcsponsible are unable to do. 20.
£10 Ydjhawalkya Samhité.
A pilferer of clothes and a pickpocket should have their thumbs and forefingers cut off. If, they commit the same offence, a second time, they should.have a hand and a leg cut off. (277)
In thefts of trifling articles, (earthen vessel, etc.,) ordinary ones (clothes, etc.,) and valuable ones (gold etc.), the punishment is [to be determined], according to value (of things stolen). While inflicting punish- ment, place, time, age and.power should be taken into consideration. (278)
The highest form of pecuniary punishment ts [for the person], who knowingly gives food, residence, fire (for cooking, etc.), water, advice, implements and expenses either to a thief or a murderer. (279)
The highest (form of] punishment is for him who strikes another with a weapon or destroys an embryo. The highest or the lowest form of punishment [is to be determined, according to the merit of the murderer and the person killed} in killing a male or a female person. (280)
A dissolute woman, killing an embryo or a man, or destroying a bridge, if she be not ex ciente [at the time], should be made to enter into the water, having a stone tied round her neck. (281)
A woman, who administers poison or puts fire {for destroying a house], who kills her husband, spiritual guide, or her children, should be killed by an ox, after having her ears, fingers, nose and lips cut off. (282)
The sons and friends, of a person, who has been surreptitiously murdered, should be immediately and severally accosted, if [the murdered person] had any
VajRawalkya Samhité. 111
quarrel [with any person], and if his wives had been visited by other persons.* (283)
[Enquiries should, also, be made,] whether he had a longing for another’s wife and possessions, and what sort of livelihood he did seek for and with whom he had gone out. Persons, living -near the place of murder, should be gradually accosted {on the subject]. (284)
One, who puts fire to a field full of corns, a house, a forest, a village, a pasture, or a thrashing-floor, and one, who knows a king’s wife, should be burnt down with the fire of Veerana (a kind of fragrant grass). (285)
[LAWS RELATING TO ADULTERY AND SEDUCTION ]
A°MAN is said to commit adultery, when he is found holding the hairs of another’s wife, when marks, imme- diately made or otherwise, of a lustful embrace, [are found on the person of the implicated man or woman or of both of them], and when both the parties admit their guilt. (286)
The holding of a cloth, worn round a woman’s waist or of a covering of her breast, catching her by the hair or the hip, or by the thigh, holding an-unseasonable and untimely tefe-a-tefe at an improper place, or sitting with her on the same seat, [also goes to establish the charge of adultery.] (287) |
If a woman does a forbidden act, she should be made to pay a fine of a hundred panas ; if a man, a penalty of two hundred panas, should be imposed on him. If they both commit forbidden acts, their punishment should be like that of adultery. (2388)
= It may, also, mean his wives and other dissolute women should the separately asked.
११2 Yajflawalkya Sanhitd.
The highest form of pecuniary punishment is the penalty, if adultery is committed by a man with a woman of the same caste; the second form is {the penalty, when a similar offence is committed with] a woman of a