VII.
1. Documents are of three kinds:
2. Attested by the king, or by (other) witnesses, or unattested.
3. A document is (said to be) attested by the king when it has been executed (in a court of judicature), on the king ordering it, by a scribe, his
[42. In the first case the agreement is made in the following form, 'I shall pay so and so much to you, in the way agreed on.' In the second case the sum is not divided between the sureties, and each of them liable for the whole debt therefore. (Nand.)
VII. 4. Y. II, 84-88.--5-7. Y. II, 89.--6. M. VIII, 168.--12. Y. II, 92.]
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servant, and has been signed by his chief judge, with his own hand.
4. It is (said to be) attested by, witnesses when, having been written anywhere, and by any one, it is signed by witnesses in their own hands.
5. It is (said to be) unattested when it has been written (by the party himself) with his own hand.
6. Such a document, if it has been caused to be written by force, makes no evidence.
7. Neither does any fraudulent document (make evidence);
8. Nor a document (which), though attested, (is vitiated) by the signature of a witness bribed (by one party) or of bad character;
9. Nor one written by a scribe of the same description;
10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear.
11. (That instrument is termed) proof which is not adverse to peculiar local usages, which defines clearly the nature of the pledge given[1], and is free from confusion in the arrangement of the subject matter and (in the succession of) the syllables.
12. If the authenticity of a document is contested, it should be ascertained by (comparing with it other)
[7. According to Nand., the particle ka is used here in order to include documents that have been executed by a person intoxicated, by one under duress, by a female, by a child, by force, and by intimidation (see Nârada IV, 61). Most of these categories are, however, mentioned in Sûtra 10.
11. 1 I have translated the reading vyaktâdhividhilakshanam, which, though not occurring in the text of any MS., is mentioned by Nand., and is found in an identical passage of the Institutes of Nârada (see Nârada IV, 60, and Appendix, p. 123).]
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letters or signs (such as the flourish denoting the word Srî and the like) or documents executed by the same man, by (enquiring into) the probabilities of the case, and by (finding out such writings as show) a mode of writing similar (to that contained in the disputed document).
13. Should the debtor, or creditor, or witness, or scribe be dead, the authenticity of the document has to be ascertained by (comparing with it other.) specimens of their handwriting.
The Institutes of Vishnu, translated by Julius Jolly
Re: The Institutes of Vishnu, translated by Julius Jolly
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Re: The Institutes of Vishnu, translated by Julius Jolly
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VIII.
1. Now follow (the laws regarding) witnesses.
2. The king cannot be (made a witness); nor a learned Brâhmana; nor an ascetic; nor a gamester; nor a thief; nor a person not his own master; nor a woman; nor a child; nor a perpetrator of the acts called sâhasa[1] (violence); nor one over-aged (or more than eighty years old); nor one intoxicated or insane; nor a man of bad fame; nor an outcast;
[VIII. 2, 3, 5. M. VIII, 64-67; Y. II, 70, 71.--4, 5. Gaut. XIII, 5.--6. M. VIII, 72; Y. II, 72; Gaut. XIII, 9.--8. M. VIII, 62, 63; Y. II, 68, 69; Âpast. II, 11, 29, 7; Gaut. XIII, 2.--9. M. VIII, 77; Y. II, 72.--10, 11. Y. II, 17.--14. M. VIII, 81; Âpast. II, 11, 29, 10; Gaut. XIII, 7.--15, 16. M. VIII, 104-106; Y. II, 83.--15. Gaut. XIII, 24.--18. M. VIII, 25, 26; Y. II, 13-15.--19. M-VIII, 87; Y. II. 73; Âpast. II, 11, 29, 7; Gaut. XIII, 12.--20-23. M. VIII, 88.--24-26. M. XIII, 89, 90; Y. II, 73-75.--37. M. VIII, 107; Y. II, 77; Gaut. XIII, 6.--38. Y. II, 79.--39. M. VIII, 73; Y. II, 78.--40. M. VIII, 117.
2. 1 There are three kinds of sâhasa. (Nand.) They are, in the enumeration of Nârada, 1. spoiling fruits or the like; 2. injuring more valuable, articles; 3. offences directed against the life of a human being, and approaching another man's wife. See Nârada XIV, 4-6.]
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nor one tormented by hunger or thirst; nor one oppressed by a (sudden) calamity (such as the death of his father or the like), or wholly absorbed in evil passions;
3. Nor an enemy or a friend; nor one interested in the subject matter; nor one who does forbidden acts; nor one formerly perjured; nor an attendant;
4. Nor one who, without having been appointed, comes and offers his evidence;
5. Nor can one man alone be made a witness.
6. In cases of theft, of violence, of abuse and assault, and of adultery the competence of witnesses must not be examined too strictly.
7. Now (those who are fit to be) witnesses (shall he enumerated):
8. Descendants of a noble race, who are virtuous and wealthy, sacrificers, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas, and aged (shall be witnesses).
9. If he is endowed with the qualities just mentioned, one man alone can also be made a witness.
10. In a dispute between two litigants, the witnesses of that party have to be examined from which the plaint has proceeded.
11. Where the claim has been refuted as not agreeing with the facts (as e. g. the sum claimed
[5. According to Nand., who argues from a passage of Nârada (5, 37), the use of the particle ka implies here, that two witnesses are also not sufficient. But the MSS. of Nârada exhibit a different reading of the passage in question, which reading is supported by the Vîramitrodaya.
8. The particle ka is used here, according to Nand., who argues from a passage of Yâgñavalkya (II, 68), in. order to include liberality among the qualities required in a witness.]
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having been repaid by the debtor), there the witnesses of the defendant have to be examined as well.
12. An appointed witness having died or gone abroad, those who have heard his deposition may give evidence.
13. (The evidence of) witnesses is (of two kinds): either of what was seen, or of what was heard.
14. Witnesses are free from blame if they give true evidence.
15. Whenever the death of a member of any of the four castes (would be occasioned by true evidence, they are free from blame) if they give false evidence.
16. In order to expiate the sin thus committed, such a witness), if he belongs to a twice-born caste, must pour an oblation in the fire, consecrating it with the texts called Kûshmândî.
17. If he is a Sûdra, he must feed ten cows for one day.
IS. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.
19. Let the judge summon the witnesses, at the time of sunrise, and examine them after having bound them by an oath.
20. A Brâhmana he must address thus, 'Declare.'
21. A Kshatriya he must address thus, 'Declare the truth.'
[16. Vâgasan. Samh. XX, 14-16, or Taitt. Ârany. X, 3-5. Nand. considers the term Kûshmândî to be used in a general sense here, so as to include all the other texts mentioned in an analogous passage of Manu (VIII, 106).]
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22. A Vaisya he must address thus, 'Thy kine, grain, and gold (shall yield thee no fruit, if thou wert to give false evidence).'
23. A Sûdra he must address thus, 'Thou shalt have to atone for all (possible) heavy crimes (if thou wert to give false evidence).'
24. Let him exhort the witnesses (with the following speeches):
25. 'Whatever places (of torture) await (the killer of a Brâhmana and other) great criminals and (the killer of a cow and other) minor offenders, those places of abode are ordained for a witness who gives false evidence;
26. 'And the fruit of every virtuous apt he has done, from the day of his birth to his dying day, shall be lost to him.
27. 'Truth makes the sun spread his rays.
28. 'Truth makes the moon shine.
29. 'Truth makes the wind blow.
30. 'Truth makes the earth bear (all that is upon it).
31. 'Truth makes waters flow.
32. 'Truth makes the fire burn.
33. 'The atmosphere exists through truth.
34. 'So do the gods.
35. 'And so do the offerings.
36. 'If veracity and a thousand horse-sacrifices
[22, 23. Nand.'s interpretation of these two Sûtras, which has been followed above, does not agree with Kullûka's, of M. VIII, 88. But in another passage of Manu (VIII, 113), where the same terms recur, he interprets them like Nand.
36. This Sloka is also found in the Mahâbhârata I, 3095 &c., in the Mârkandeya-purâña VIII, 42, in the Hitopadesa IV, 129, and, in a somewhat modified form, in the Râmâyana II, 61, 10. See Böhtlinkg, Ind. Sprüche, 731 &c.]
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are weighed against each other, (it is found that) truth ranks even higher than a thousand horse-sacrifices.
37. 'Those who, though acquainted with the facts, and appointed to give evidence, stand mute, are equally criminal with, and deserve the same punishment as, false witnesses.' (After having addressed them) thus, let. the king examine the witnesses in the order of their castes.
38. That plaintiff whose statement the witnesses declare to be true, shall win his suit; but he whose statement they declare to be wrong, shall certainly lose it.
39. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born.
40. Whenever a perjured witness has given false evidence in a suit, (the king) must reverse the judgment; and whatever has been done, must be considered as undone.
1. Now follow (the laws regarding) witnesses.
2. The king cannot be (made a witness); nor a learned Brâhmana; nor an ascetic; nor a gamester; nor a thief; nor a person not his own master; nor a woman; nor a child; nor a perpetrator of the acts called sâhasa[1] (violence); nor one over-aged (or more than eighty years old); nor one intoxicated or insane; nor a man of bad fame; nor an outcast;
[VIII. 2, 3, 5. M. VIII, 64-67; Y. II, 70, 71.--4, 5. Gaut. XIII, 5.--6. M. VIII, 72; Y. II, 72; Gaut. XIII, 9.--8. M. VIII, 62, 63; Y. II, 68, 69; Âpast. II, 11, 29, 7; Gaut. XIII, 2.--9. M. VIII, 77; Y. II, 72.--10, 11. Y. II, 17.--14. M. VIII, 81; Âpast. II, 11, 29, 10; Gaut. XIII, 7.--15, 16. M. VIII, 104-106; Y. II, 83.--15. Gaut. XIII, 24.--18. M. VIII, 25, 26; Y. II, 13-15.--19. M-VIII, 87; Y. II. 73; Âpast. II, 11, 29, 7; Gaut. XIII, 12.--20-23. M. VIII, 88.--24-26. M. XIII, 89, 90; Y. II, 73-75.--37. M. VIII, 107; Y. II, 77; Gaut. XIII, 6.--38. Y. II, 79.--39. M. VIII, 73; Y. II, 78.--40. M. VIII, 117.
2. 1 There are three kinds of sâhasa. (Nand.) They are, in the enumeration of Nârada, 1. spoiling fruits or the like; 2. injuring more valuable, articles; 3. offences directed against the life of a human being, and approaching another man's wife. See Nârada XIV, 4-6.]
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nor one tormented by hunger or thirst; nor one oppressed by a (sudden) calamity (such as the death of his father or the like), or wholly absorbed in evil passions;
3. Nor an enemy or a friend; nor one interested in the subject matter; nor one who does forbidden acts; nor one formerly perjured; nor an attendant;
4. Nor one who, without having been appointed, comes and offers his evidence;
5. Nor can one man alone be made a witness.
6. In cases of theft, of violence, of abuse and assault, and of adultery the competence of witnesses must not be examined too strictly.
7. Now (those who are fit to be) witnesses (shall he enumerated):
8. Descendants of a noble race, who are virtuous and wealthy, sacrificers, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas, and aged (shall be witnesses).
9. If he is endowed with the qualities just mentioned, one man alone can also be made a witness.
10. In a dispute between two litigants, the witnesses of that party have to be examined from which the plaint has proceeded.
11. Where the claim has been refuted as not agreeing with the facts (as e. g. the sum claimed
[5. According to Nand., who argues from a passage of Nârada (5, 37), the use of the particle ka implies here, that two witnesses are also not sufficient. But the MSS. of Nârada exhibit a different reading of the passage in question, which reading is supported by the Vîramitrodaya.
8. The particle ka is used here, according to Nand., who argues from a passage of Yâgñavalkya (II, 68), in. order to include liberality among the qualities required in a witness.]
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having been repaid by the debtor), there the witnesses of the defendant have to be examined as well.
12. An appointed witness having died or gone abroad, those who have heard his deposition may give evidence.
13. (The evidence of) witnesses is (of two kinds): either of what was seen, or of what was heard.
14. Witnesses are free from blame if they give true evidence.
15. Whenever the death of a member of any of the four castes (would be occasioned by true evidence, they are free from blame) if they give false evidence.
16. In order to expiate the sin thus committed, such a witness), if he belongs to a twice-born caste, must pour an oblation in the fire, consecrating it with the texts called Kûshmândî.
17. If he is a Sûdra, he must feed ten cows for one day.
IS. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.
19. Let the judge summon the witnesses, at the time of sunrise, and examine them after having bound them by an oath.
20. A Brâhmana he must address thus, 'Declare.'
21. A Kshatriya he must address thus, 'Declare the truth.'
[16. Vâgasan. Samh. XX, 14-16, or Taitt. Ârany. X, 3-5. Nand. considers the term Kûshmândî to be used in a general sense here, so as to include all the other texts mentioned in an analogous passage of Manu (VIII, 106).]
p. 51
22. A Vaisya he must address thus, 'Thy kine, grain, and gold (shall yield thee no fruit, if thou wert to give false evidence).'
23. A Sûdra he must address thus, 'Thou shalt have to atone for all (possible) heavy crimes (if thou wert to give false evidence).'
24. Let him exhort the witnesses (with the following speeches):
25. 'Whatever places (of torture) await (the killer of a Brâhmana and other) great criminals and (the killer of a cow and other) minor offenders, those places of abode are ordained for a witness who gives false evidence;
26. 'And the fruit of every virtuous apt he has done, from the day of his birth to his dying day, shall be lost to him.
27. 'Truth makes the sun spread his rays.
28. 'Truth makes the moon shine.
29. 'Truth makes the wind blow.
30. 'Truth makes the earth bear (all that is upon it).
31. 'Truth makes waters flow.
32. 'Truth makes the fire burn.
33. 'The atmosphere exists through truth.
34. 'So do the gods.
35. 'And so do the offerings.
36. 'If veracity and a thousand horse-sacrifices
[22, 23. Nand.'s interpretation of these two Sûtras, which has been followed above, does not agree with Kullûka's, of M. VIII, 88. But in another passage of Manu (VIII, 113), where the same terms recur, he interprets them like Nand.
36. This Sloka is also found in the Mahâbhârata I, 3095 &c., in the Mârkandeya-purâña VIII, 42, in the Hitopadesa IV, 129, and, in a somewhat modified form, in the Râmâyana II, 61, 10. See Böhtlinkg, Ind. Sprüche, 731 &c.]
p. 52
are weighed against each other, (it is found that) truth ranks even higher than a thousand horse-sacrifices.
37. 'Those who, though acquainted with the facts, and appointed to give evidence, stand mute, are equally criminal with, and deserve the same punishment as, false witnesses.' (After having addressed them) thus, let. the king examine the witnesses in the order of their castes.
38. That plaintiff whose statement the witnesses declare to be true, shall win his suit; but he whose statement they declare to be wrong, shall certainly lose it.
39. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born.
40. Whenever a perjured witness has given false evidence in a suit, (the king) must reverse the judgment; and whatever has been done, must be considered as undone.
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Re: The Institutes of Vishnu, translated by Julius Jolly
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IX.
1. Now follows (the rule regarding) the performance of ordeals.
[39. Nand. takes the term dvigottama, 'the best among the twice-born,' as an equivalent for 'Brâhmanas.' Kullûka (on M. VIII, 73) refers it to 'twice-born men, who are particularly active in the discharge of their religious duties.'
IX. 2. Y. II, 96, 99.--II. M. VIII, 114, 115; Y. II, 95.--20-22. Y. II, 95, 96, 99.--23. Y. II, 98.--33. Y. II, 97. The whole section on ordeals (IX-XIV) agrees very closely with the corresponding section of the Institutes of Nârada (5, 107-9, 8).]
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2. In cases of a criminal action directed against the king, or of violence[1] (they may be administered) indiscriminately.
3. In cases of (denial of) a deposit or of (alleged.)
theft or robbery they must be administered each according to the value (of the property claimed).
4. In all such cases the value (of the object claimed) must be estimated in gold.
5. Now if its value amounts to less than one Krishnala, a Sûdra must be made to swear by a blade of Dûrvâ grass, (which he must hold in his hand);
6. If it amounts to less than two Krishnala, by a blade of Tila;
7. If it amounts to less than three Krishnala, by a blade of silver;
8. If it amounts to less than four Krishnala, by a blade of gold;
9. If it amounts to less than five Krishnala, by a lump of earth taken from a furrow;
10. If it amounts to less than half a Suvarna, a Sûdra must be made to undergo the ordeal by sacred libation;
11. If it exceeds that amount, (the judge must administer to him) any one of the (other) ordeals, viz. the ordeal by, the balance, by fire, by water, or by poison, considering duly (the season, &c.)
12. If the amount (of the matter in contest) is twice as high (as in each of the last-mentioned cases), a Vaisya must (in each case) undergo that ordeal which has (just) been ordained (for a Sûdra);
13. A Kshatriya (must undergo the same ordeals), if the amount is thrice as high;
[2. 1 See VIII, 2, note.]
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14. A Brâhmana, if it is four times as high. He is, however, not subject to the ordeal by sacred libation.
15. No judge must administer the (ordeal by) sacred libation to a Brâhmana;
16. Except if it be done as a preliminary proof of his dealing fairly in some future transaction.
17. Instead of (administering the ordeal by) sacred libation to a Brâhmana (in suits regarding an object, the value of which amounts to less than two Suvarnas), let the judge cause him to swear by a lump of earth taken from a furrow.
18. To one formerly convicted of a crime (or of perjury) he must administer one of the ordeals, even though the matter in contest be ever so trifling.
19. But to one who is known (and esteemed) among honest men and virtuous, he must not (administer any ordeal), even though the matter in contest be ever so important.
20. The claimant must declare his willingness to pay the fine (which is, due in case of his being defeated);
21. And the defendant must go through the ordeal.
22. In cases of a criminal action directed against the, king, or of violence (an ordeal may be administered) even without (the claimant) promising to pay the fine (due in case of defeat in ordinary suits).
23. To women, Brâhmanas, persons deficient in an organ of sense, infirm (old) men, and sick persons, the (ordeal by the) balance must be administered.
24. But it must not be administered to them while a wind is blowing.
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25. The (ordeal by) fire must not be administered to lepers, to infirm persons, or to blacksmiths;
26. Nor must it ever be administered in autumn or summer.
27. The (ordeal by) poison must not be administered to lepers, bilious persons, or Brâhmanas;
28. Nor during the rainy season.
29. The (ordeal by) water must not be administered to persons afflicted with phlegm or (another) illness, to the timid, to the asthmatic, nor to those who gain their subsistence from water (such as fishermen and the like);
30. Nor during (the two cold seasons) Hemanta and Sisira (or from middle of November to middle of March);
31. The (ordeal by) sacred libation must not be administered to atheists;
32. Nor when the country is afflicted with disease or pestilence.
33. Let the judge summon the defendant at the time of sunrise, after having, fasted on the previous day and bathed in his clothes, and make him go through all the ordeals in the presence of (images of) the gods and of the (assessors and other) Brâhmanas.
1. Now follows (the rule regarding) the performance of ordeals.
[39. Nand. takes the term dvigottama, 'the best among the twice-born,' as an equivalent for 'Brâhmanas.' Kullûka (on M. VIII, 73) refers it to 'twice-born men, who are particularly active in the discharge of their religious duties.'
IX. 2. Y. II, 96, 99.--II. M. VIII, 114, 115; Y. II, 95.--20-22. Y. II, 95, 96, 99.--23. Y. II, 98.--33. Y. II, 97. The whole section on ordeals (IX-XIV) agrees very closely with the corresponding section of the Institutes of Nârada (5, 107-9, 8).]
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2. In cases of a criminal action directed against the king, or of violence[1] (they may be administered) indiscriminately.
3. In cases of (denial of) a deposit or of (alleged.)
theft or robbery they must be administered each according to the value (of the property claimed).
4. In all such cases the value (of the object claimed) must be estimated in gold.
5. Now if its value amounts to less than one Krishnala, a Sûdra must be made to swear by a blade of Dûrvâ grass, (which he must hold in his hand);
6. If it amounts to less than two Krishnala, by a blade of Tila;
7. If it amounts to less than three Krishnala, by a blade of silver;
8. If it amounts to less than four Krishnala, by a blade of gold;
9. If it amounts to less than five Krishnala, by a lump of earth taken from a furrow;
10. If it amounts to less than half a Suvarna, a Sûdra must be made to undergo the ordeal by sacred libation;
11. If it exceeds that amount, (the judge must administer to him) any one of the (other) ordeals, viz. the ordeal by, the balance, by fire, by water, or by poison, considering duly (the season, &c.)
12. If the amount (of the matter in contest) is twice as high (as in each of the last-mentioned cases), a Vaisya must (in each case) undergo that ordeal which has (just) been ordained (for a Sûdra);
13. A Kshatriya (must undergo the same ordeals), if the amount is thrice as high;
[2. 1 See VIII, 2, note.]
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14. A Brâhmana, if it is four times as high. He is, however, not subject to the ordeal by sacred libation.
15. No judge must administer the (ordeal by) sacred libation to a Brâhmana;
16. Except if it be done as a preliminary proof of his dealing fairly in some future transaction.
17. Instead of (administering the ordeal by) sacred libation to a Brâhmana (in suits regarding an object, the value of which amounts to less than two Suvarnas), let the judge cause him to swear by a lump of earth taken from a furrow.
18. To one formerly convicted of a crime (or of perjury) he must administer one of the ordeals, even though the matter in contest be ever so trifling.
19. But to one who is known (and esteemed) among honest men and virtuous, he must not (administer any ordeal), even though the matter in contest be ever so important.
20. The claimant must declare his willingness to pay the fine (which is, due in case of his being defeated);
21. And the defendant must go through the ordeal.
22. In cases of a criminal action directed against the, king, or of violence (an ordeal may be administered) even without (the claimant) promising to pay the fine (due in case of defeat in ordinary suits).
23. To women, Brâhmanas, persons deficient in an organ of sense, infirm (old) men, and sick persons, the (ordeal by the) balance must be administered.
24. But it must not be administered to them while a wind is blowing.
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25. The (ordeal by) fire must not be administered to lepers, to infirm persons, or to blacksmiths;
26. Nor must it ever be administered in autumn or summer.
27. The (ordeal by) poison must not be administered to lepers, bilious persons, or Brâhmanas;
28. Nor during the rainy season.
29. The (ordeal by) water must not be administered to persons afflicted with phlegm or (another) illness, to the timid, to the asthmatic, nor to those who gain their subsistence from water (such as fishermen and the like);
30. Nor during (the two cold seasons) Hemanta and Sisira (or from middle of November to middle of March);
31. The (ordeal by) sacred libation must not be administered to atheists;
32. Nor when the country is afflicted with disease or pestilence.
33. Let the judge summon the defendant at the time of sunrise, after having, fasted on the previous day and bathed in his clothes, and make him go through all the ordeals in the presence of (images of) the gods and of the (assessors and other) Brâhmanas.
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Re: The Institutes of Vishnu, translated by Julius Jolly
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X.
1. Now follows the (rule regarding the ordeal by) balance.
[29. Nand. infers from a text of Nârada (not found in his Institutes), that the plural is made use of in this Sûtra in order to include women, children, sickly, old, and feeble persons.
32. According to Nand., the particle ka is used here in order to include fire, wind, grasshoppers, and other plagues.
X. 5, 6. Y. II, 100.]
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2; The transverse beam, by which the balance is to be suspended, should be fastened upon two posts, four Hastas above the ground (each), and should be made two Hastas long.
3. The beam of the balance should be made of strong wood (such as that of the Khadira or Tinduka trees), five Hastas long, and the two scales must be suspended on both sides of it, (and the whole suspended upon the transverse beam by means of an iron hook).
4. A man out of the guild of goldsmiths, or of braziers, should make it equal on both sides.
5. Into the one scale the person (who is to be tried by this ordeal) should be placed, and a stone (or earth or bricks) or some other (equivalent) of the same weight into the other.
6. The equivalent and the man having been made equal in weight and (the position of the scales) well marked, the man should be caused to descend from the balance.
[2. One Hasta, 'cubit,' the modern 'hath,' equals two Vitasti, 'spans,' and 24 Angulas, 'digits,' the modern Angul. See Prinsep, Useful Tables, p. 122.
3. See the plate of balance, according to the statements of Indian legislators, in Professor Stenzler's Essay, 'Über die ind. Gottesurtheile,' journal of the German Oriental Society, IX.
4. Nand. infers from the use of the plural number and from a passage of Pitâmaha and Nârada (see the Institutes of the latter, 5, 122), that merchants may also be appointed for this purpose.
6. Nand. refers the term sukihnitau kritvâ to the man and to the equivalent, both having to be marked 'with the king's seal or in some other way, in order that no one may suspect the weight of the equivalent or of the man to have been increased or lessened by the addition or removal of other objects, or of clothes, ornaments, and the like.' 'Others' explain the term in the way in which it has been rendered above.]
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7. Next (the judge) should adjure by (the following) imprecations the balance
8. And the person appointed to look after the weighing:
9. Those places of torture which have been prepared for the murderer of a Brâhmana, or for a false witness, the same places are ordained for a who person appointed to look after the weighing, who acts fraudulently in his office.
10. 'Thou, O balance (dhata), art called by the same name as holy law (dharma); thou, O balance, knowest what mortal., do not comprehend.
11. 'This man, being arraigned in a cause, is weighed upon thee. Therefore mayest thou deliver him lawfully from this perplexity.'
12. Thereupon the judge should have him placed, into the one scale again. If he rises in it, he is freed from the charge according to law.
13. In case of the strings bursting, or of the splitting of the transverse beam, the man should be placed in the scale once more. Thus the facts will be ascertained positively, and a just sentence be the result.
1. Now follows the (rule regarding the ordeal by) balance.
[29. Nand. infers from a text of Nârada (not found in his Institutes), that the plural is made use of in this Sûtra in order to include women, children, sickly, old, and feeble persons.
32. According to Nand., the particle ka is used here in order to include fire, wind, grasshoppers, and other plagues.
X. 5, 6. Y. II, 100.]
p. 56
2; The transverse beam, by which the balance is to be suspended, should be fastened upon two posts, four Hastas above the ground (each), and should be made two Hastas long.
3. The beam of the balance should be made of strong wood (such as that of the Khadira or Tinduka trees), five Hastas long, and the two scales must be suspended on both sides of it, (and the whole suspended upon the transverse beam by means of an iron hook).
4. A man out of the guild of goldsmiths, or of braziers, should make it equal on both sides.
5. Into the one scale the person (who is to be tried by this ordeal) should be placed, and a stone (or earth or bricks) or some other (equivalent) of the same weight into the other.
6. The equivalent and the man having been made equal in weight and (the position of the scales) well marked, the man should be caused to descend from the balance.
[2. One Hasta, 'cubit,' the modern 'hath,' equals two Vitasti, 'spans,' and 24 Angulas, 'digits,' the modern Angul. See Prinsep, Useful Tables, p. 122.
3. See the plate of balance, according to the statements of Indian legislators, in Professor Stenzler's Essay, 'Über die ind. Gottesurtheile,' journal of the German Oriental Society, IX.
4. Nand. infers from the use of the plural number and from a passage of Pitâmaha and Nârada (see the Institutes of the latter, 5, 122), that merchants may also be appointed for this purpose.
6. Nand. refers the term sukihnitau kritvâ to the man and to the equivalent, both having to be marked 'with the king's seal or in some other way, in order that no one may suspect the weight of the equivalent or of the man to have been increased or lessened by the addition or removal of other objects, or of clothes, ornaments, and the like.' 'Others' explain the term in the way in which it has been rendered above.]
p. 57
7. Next (the judge) should adjure by (the following) imprecations the balance
8. And the person appointed to look after the weighing:
9. Those places of torture which have been prepared for the murderer of a Brâhmana, or for a false witness, the same places are ordained for a who person appointed to look after the weighing, who acts fraudulently in his office.
10. 'Thou, O balance (dhata), art called by the same name as holy law (dharma); thou, O balance, knowest what mortal., do not comprehend.
11. 'This man, being arraigned in a cause, is weighed upon thee. Therefore mayest thou deliver him lawfully from this perplexity.'
12. Thereupon the judge should have him placed, into the one scale again. If he rises in it, he is freed from the charge according to law.
13. In case of the strings bursting, or of the splitting of the transverse beam, the man should be placed in the scale once more. Thus the facts will be ascertained positively, and a just sentence be the result.
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Re: The Institutes of Vishnu, translated by Julius Jolly
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XI.
1. Now follows the (rule regarding the ordeal by) fire.
2. He must make seven circles, sixteen Angulas in breadth each, the intervals being of the same breadth.
3. Thereupon he must place seven leaves of the
[XI. 2-9. Y. II, 103, 105-107.--11. Y. II, 104.
2. 1 See X, 2, note.
3. Nand. takes the term tatah, 'thereupon,' to imply that he {footnote p. 58} must previously examine the hands of the person about to perform the ordeal and mark existing scars or eruptions of the skin, as prescribed in Sûtra 10.]
p. 58
holy fig-tree into the hands of the person (about to perform the ordeal), who must turn his face towards the east and stretch out both arms.
4. Those (leaves) and his hands he must bind together with a thread.
5. Then he must place into his hands a ball made of iron, red-hot, fifty Palas in weight, and smooth.
6. Having received this, the person must proceed through the (seven) circles, without either walking at a very hurried pace, or lingering on his way.
7. Finally, after having passed the seventh circle, he must put down the ball upon the ground.
8. That man whose hands are burnt ever so little, shall be deemed guilty; but if he remains wholly unburnt, he is freed from the charge.
9. If he lets the ball drop from fear, or if there exists a doubt as to whether he is burnt or not, let him take the ball once more, because the proof has not been decided.
10. At the beginning (of the whole ceremony) the judge shall cause the person to rub some rice in his hands, and shall mark (with red sap, or the like, the already existing scars, eruptions of the skin, &c., which will thus have become visible). Then the judge, after having addressed the iron ball (with the following prayer), shall place it in his hands:
[4. The particle ka implies, according to Nand., that he must further place seven Samî leaves, unbroken grains, Dûrvâ leaves, and grain smeared with sour milk upon his hands, as ordained in a passage of Pitâmaha.]
p. 59
'Thou, O fire, dwellest in the interior of all creatures, like a witness. O fire, thou knowest what mortals do not comprehend.
12. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.'
1. Now follows the (rule regarding the ordeal by) fire.
2. He must make seven circles, sixteen Angulas in breadth each, the intervals being of the same breadth.
3. Thereupon he must place seven leaves of the
[XI. 2-9. Y. II, 103, 105-107.--11. Y. II, 104.
2. 1 See X, 2, note.
3. Nand. takes the term tatah, 'thereupon,' to imply that he {footnote p. 58} must previously examine the hands of the person about to perform the ordeal and mark existing scars or eruptions of the skin, as prescribed in Sûtra 10.]
p. 58
holy fig-tree into the hands of the person (about to perform the ordeal), who must turn his face towards the east and stretch out both arms.
4. Those (leaves) and his hands he must bind together with a thread.
5. Then he must place into his hands a ball made of iron, red-hot, fifty Palas in weight, and smooth.
6. Having received this, the person must proceed through the (seven) circles, without either walking at a very hurried pace, or lingering on his way.
7. Finally, after having passed the seventh circle, he must put down the ball upon the ground.
8. That man whose hands are burnt ever so little, shall be deemed guilty; but if he remains wholly unburnt, he is freed from the charge.
9. If he lets the ball drop from fear, or if there exists a doubt as to whether he is burnt or not, let him take the ball once more, because the proof has not been decided.
10. At the beginning (of the whole ceremony) the judge shall cause the person to rub some rice in his hands, and shall mark (with red sap, or the like, the already existing scars, eruptions of the skin, &c., which will thus have become visible). Then the judge, after having addressed the iron ball (with the following prayer), shall place it in his hands:
[4. The particle ka implies, according to Nand., that he must further place seven Samî leaves, unbroken grains, Dûrvâ leaves, and grain smeared with sour milk upon his hands, as ordained in a passage of Pitâmaha.]
p. 59
'Thou, O fire, dwellest in the interior of all creatures, like a witness. O fire, thou knowest what mortals do not comprehend.
12. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.'
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Re: The Institutes of Vishnu, translated by Julius Jolly
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XII.
1. Now follows the (rule regarding the ordeal by) water.
2. (The defendant must enter) water which is free from mud, aquatic plants, (crabs and other) vicious animals, (porpoises or other) large rapacious animals living in water, fish, leeches, and other (animals or plants),
3. The water having been addressed with the Mantras (mentioned hereafter), he must enter it, seizing the knees of another man, who must be free from friendship or hatred, and must dive into the water up to his navel.
4. At the same time another man must discharge an arrow from a bow, which must neither be too strong nor too weak.
5. That arrow must be fetched quickly by another man.
6. He who is not seen above the water in the mean time is proclaimed innocent. But in the contrary case he is (declared) guilty, even though one limb of his only has become visible.
7. 'Thou, O water, dwellest in the interior of all creatures, like a witness. O water, thou knowest what mortals do not comprehend.
[XII. 3-6. Y. II, 108, 109.]
p. 60
8. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him, lawfully from this perplexity.'
1. Now follows the (rule regarding the ordeal by) water.
2. (The defendant must enter) water which is free from mud, aquatic plants, (crabs and other) vicious animals, (porpoises or other) large rapacious animals living in water, fish, leeches, and other (animals or plants),
3. The water having been addressed with the Mantras (mentioned hereafter), he must enter it, seizing the knees of another man, who must be free from friendship or hatred, and must dive into the water up to his navel.
4. At the same time another man must discharge an arrow from a bow, which must neither be too strong nor too weak.
5. That arrow must be fetched quickly by another man.
6. He who is not seen above the water in the mean time is proclaimed innocent. But in the contrary case he is (declared) guilty, even though one limb of his only has become visible.
7. 'Thou, O water, dwellest in the interior of all creatures, like a witness. O water, thou knowest what mortals do not comprehend.
[XII. 3-6. Y. II, 108, 109.]
p. 60
8. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him, lawfully from this perplexity.'
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Re: The Institutes of Vishnu, translated by Julius Jolly
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XIII.
Now follows the (rule regarding the ordeal by) poison.
2. All (other) sorts of poison must be avoided (in administering this ordeal),
3. Except poison from the Sringa tree, which grows on the Himâlayas.
4. (Of that) the judge must give seven grains, mixed with clarified butter, to the defendant (while reciting the prayer hereafter mentioned).
5. If the poison is digested easily, without violent symptoms, he shall recognise him as innocent, and dismiss him at the end of the day.
6. 'On account of thy venomous and dangerous nature thou art destruction to all living creatures; thou, O poison, knowest what mortals, do not comprehend.
7. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.'
Now follows the (rule regarding the ordeal by) poison.
2. All (other) sorts of poison must be avoided (in administering this ordeal),
3. Except poison from the Sringa tree, which grows on the Himâlayas.
4. (Of that) the judge must give seven grains, mixed with clarified butter, to the defendant (while reciting the prayer hereafter mentioned).
5. If the poison is digested easily, without violent symptoms, he shall recognise him as innocent, and dismiss him at the end of the day.
6. 'On account of thy venomous and dangerous nature thou art destruction to all living creatures; thou, O poison, knowest what mortals, do not comprehend.
7. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.'
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Re: The Institutes of Vishnu, translated by Julius Jolly
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XIV.
1. Now follows the (rule regarding the ordeal by) sacred libation.
2. Having invoked terrible deities (such as Durgâ, the Âdityas or others, the defendant) must drink three handfuls of water in which (images of) those deities have been bathed,
[XIII. 3, 5-7. Y. II, 110, 111.
XIV. 2, 4, 5. Y. II, 112, 113.]
p. 61
3. Uttering at the same time the words, 'I have not done this,' with his face turned towards the deity (in question).
4. He to whom (any calamity) happens within a fortnight or three weeks (such as an illness, or fire, or the death of a relative, or a heavy visitation by the king),
5. Should be known to be guilty; otherwise (if nothing adverse happens to him), he is freed from the charge. A just king should honour (with presents of clothes, ornaments, &c.) one who has cleared himself from guilt by an ordeal.
1. Now follows the (rule regarding the ordeal by) sacred libation.
2. Having invoked terrible deities (such as Durgâ, the Âdityas or others, the defendant) must drink three handfuls of water in which (images of) those deities have been bathed,
[XIII. 3, 5-7. Y. II, 110, 111.
XIV. 2, 4, 5. Y. II, 112, 113.]
p. 61
3. Uttering at the same time the words, 'I have not done this,' with his face turned towards the deity (in question).
4. He to whom (any calamity) happens within a fortnight or three weeks (such as an illness, or fire, or the death of a relative, or a heavy visitation by the king),
5. Should be known to be guilty; otherwise (if nothing adverse happens to him), he is freed from the charge. A just king should honour (with presents of clothes, ornaments, &c.) one who has cleared himself from guilt by an ordeal.
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Re: The Institutes of Vishnu, translated by Julius Jolly
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XV[1]
1. Now there are twelve kinds of sons.
2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.
3. The second is the soil begotten on a wife, viz. one begotten by a kinsman allied by funeral oblations, or[1] by a member of the highest caste, on an appointed (wife or widow).
[XV. 1-29. M. IX, 127, 136, 158-181; Y. II, 127-132; Gaut. XXVIII, 18, 19, 32, 33; Colebrooke, Dig. V, 4, CLXXXV; V, 4, CCXV.--28-30. Colebrooke, Dig. V, 4, CCXCIX.--30. M. IX, 163.--31. Colebrooke, Dig. V, 3, CCCXXVII.--32-34. M. IX, 201-203; Y. II, 140, 141; Gaut. XXVIII, 43, 44.--32. Âpast. II, 6, 14, I.--34-38. Colebrooke, Dig. V, 5, CCCXXVII.--40. M. IX, 180; Y. II, 132.--41, 42. M. IX, 182, 183.--44. M. IX, 138; Colebrooke, Dig. V, 4, CCCII.--45-47. M. IX, 106, 137, 139. Of Chapters XV and XVII an excellent translation has been published by Dr. Bühler in the Bombay Digest (1, 1 338-343). I have followed him literally almost throughout.
3. 1 I have translated the reading votpâditah, which was no doubt {footnote p. 62} the reading of Nandapandita, as he paraphrases the whole clause as follows, 'begotten by an elder or younger brother of the husband; on failure of such, by a kinsman allied by funeral oblations on failure of him, by one belonging to the same gotra (race) as the husband; on failure of him, by one descended from the same Rishi ancestors as he; on failure of him, by a member of the highest caste, i. e. a Brâhmana.' The above reading is also found in the London MS. of the text and in the two Calcutta editions. Dr. Bühler's MS., in which Nand.'s Commentary on this chapter is wanting, has kotpâditah, and he translates accordingly, 'begotten by a kinsman . . ., who belongs to the highest caste.' The same reading is found in a quotation contained in Gagannâtha and Colebrooke's Dig. loc. cit. (I quote from a very good though fragmentary Bengali MS. in my possession), where, however, this clause runs as follows, niyuktâyâm savarnena kotpâditah, 'begotten by a man of equal class on a widow duly appointed,' Colebrooke. The other Smritis do not speak of the appointment of others than kinsmen to beget a son on a widow, or wife of a eunuch, &c., unless Yâgñavalkya's words (II, 128) sagotrenetarena vâ, 'by a Sagotra or by another,' may be rendered, contrary to Vigñânesvara's interpretation, by 'a kinsman or one who is no kinsman.']
p. 62
4. The third is the son of an appointed daughter.
5. She is called an appointed daughter, who is given away by her father with the words, 'The son whom she bears be mine.'
6. A damsel who has no brother is also (in every case considered) an appointed daughter, though she has not been given away according to the rule of an appointed daughter.
7. The son of a twice-married woman is the fourth.
8. She who, being still a virgin, is married for the second time is called twice married (punarbhû).
9. She also is called twice married (punarbhû) who, though not legally married more than once, has lived with another man before her lawful marriage.
p. 63
10. The son of an unmarried damsel is the fifth.
11. (He is called so who is) born by an unmarried daughter in the house of her father.
12. And he belongs to the man who (afterwards) marries the mother.
13. The son who is secretly born in the house is the sixth.
14. He belongs to him in whose bed he is born.
15. The son received with a bride is the seventh.
16. He (is called so who) is the son of a woman married while she was pregnant.
17. And he belongs to the husband (of the pregnant bride).
18. The adopted son (dattaka) is the eighth.
19. And he belongs to him to whom he is given by his mother or father.
20. The son bought is the ninth.
21. And he belongs to him by whom he is bought.
22. The son self-given is the tenth.
23. And he belongs to him to whom he gave himself
24. The son cast away is the eleventh.
25. (He is called so) who was forsaken by his father or mother (or by both).
26. And he belongs to him by whom he is received.
27. The son born by any woman whomsoever[1] is the twelfth.
[27. 1 Yatra kvakanotpâdita, 'born wherever,' means, according to Nand., 'begotten anyhow, but otherwise than the above-mentioned sons, upon a woman, whether one's own wife, or another man's wife, whether equal in caste or not, whether legally married to the {footnote p. 64} begetter or not, whether still a virgin or not,' &c. But he adds a very lengthy discussion, the upshot of which is, that the term yatra kvakanotpâdita is applicable to adopted sons only, who, although they are considered as the sons of the adopter, or of the legitimate husband of the woman, upon whom they were begotten by another, may also become heirs to the begetter, in case he has no other son. 'Or this term refers to the son of a Sûdra concubine, whom Manu calls Pârasava' (M. IX, 178). The latter interpretation agrees with the one proposed by Dr. Bühler, who identifies the yatra kvakanotpâdita with the 'Nishâda and Pârasava of other lawyers,' especially of Baudhâyana (11, 2, 22), and with the view taken by Gagannâtha, who thinks that the Saudra (son of a Sûdra woman) is meant.]
p. 64
28. Amongst these (sons) each preceding one is preferable (to the one next in order).
29. And he takes the inheritance (before the next in order).
30. And let him maintain the rest.
31. He should marry unmarried (sisters) in a manner correspondent with the amount of his property.
32. Outcasts, eunuchs, persons incurably diseased, or deficient (in organs of sense or actions, such as blind, deaf, dumb, or insane persons, or lepers) do not receive a share.
33. They, should be maintained by those who take the inheritance.
34. And their legitimate sons receive a share.
35. But not the children of an outcast;
36. Provided they were born after (the commission of) the act on account of which the parents were outcasted.
37. Neither do children begotten (by husbands of
[32. 'The particle tu, "but," indicates that those who have entered the order of ascetics must also be understood here.' (Nand.)
34. 'The particle ka indicates that sons begotten on their wives (Kshetragas) shall also receive a share.' (Nand.)]
p. 65
an inferior caste) on women of a higher caste receive a share,
38. Their sons do not even receive a share of the wealth of their paternal grandfathers.
39. They should be supported by the heirs.
40. And he who inherits the wealth, presents the funeral oblation (to the deceased).
41. Amongst wives of one husband also the son of one is the son of all (and must present funeral oblations to them after their death).
42. Likewise, amongst brothers begotten by, one (father, the son of one is the son of all, and must present funeral oblations to them all).
43. Let a son present the funeral oblations to his father, even though he inherit no property.
44. Because he saves (trâyate) his father from the hell called Put, therefore (a male child) is called put-tra (protector from Put, son) by Svayambhû himself
45. He (the father) throws his debt on him (the son); and the father obtains immortality, if he sees the face of a loving son.
46. Through a son he conquers the worlds. through a grandson he obtains immortality, and through the soil's grandson he gains the world of the sun.
47. No difference is made in this world between the son of a son and the son of a daughter; for even a daughter's son works the salvation of a childless man, just like a son's son.
[44. 'Svayambhû means the Veda.' (Nand.)]
p. 66
1. Now there are twelve kinds of sons.
2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.
3. The second is the soil begotten on a wife, viz. one begotten by a kinsman allied by funeral oblations, or[1] by a member of the highest caste, on an appointed (wife or widow).
[XV. 1-29. M. IX, 127, 136, 158-181; Y. II, 127-132; Gaut. XXVIII, 18, 19, 32, 33; Colebrooke, Dig. V, 4, CLXXXV; V, 4, CCXV.--28-30. Colebrooke, Dig. V, 4, CCXCIX.--30. M. IX, 163.--31. Colebrooke, Dig. V, 3, CCCXXVII.--32-34. M. IX, 201-203; Y. II, 140, 141; Gaut. XXVIII, 43, 44.--32. Âpast. II, 6, 14, I.--34-38. Colebrooke, Dig. V, 5, CCCXXVII.--40. M. IX, 180; Y. II, 132.--41, 42. M. IX, 182, 183.--44. M. IX, 138; Colebrooke, Dig. V, 4, CCCII.--45-47. M. IX, 106, 137, 139. Of Chapters XV and XVII an excellent translation has been published by Dr. Bühler in the Bombay Digest (1, 1 338-343). I have followed him literally almost throughout.
3. 1 I have translated the reading votpâditah, which was no doubt {footnote p. 62} the reading of Nandapandita, as he paraphrases the whole clause as follows, 'begotten by an elder or younger brother of the husband; on failure of such, by a kinsman allied by funeral oblations on failure of him, by one belonging to the same gotra (race) as the husband; on failure of him, by one descended from the same Rishi ancestors as he; on failure of him, by a member of the highest caste, i. e. a Brâhmana.' The above reading is also found in the London MS. of the text and in the two Calcutta editions. Dr. Bühler's MS., in which Nand.'s Commentary on this chapter is wanting, has kotpâditah, and he translates accordingly, 'begotten by a kinsman . . ., who belongs to the highest caste.' The same reading is found in a quotation contained in Gagannâtha and Colebrooke's Dig. loc. cit. (I quote from a very good though fragmentary Bengali MS. in my possession), where, however, this clause runs as follows, niyuktâyâm savarnena kotpâditah, 'begotten by a man of equal class on a widow duly appointed,' Colebrooke. The other Smritis do not speak of the appointment of others than kinsmen to beget a son on a widow, or wife of a eunuch, &c., unless Yâgñavalkya's words (II, 128) sagotrenetarena vâ, 'by a Sagotra or by another,' may be rendered, contrary to Vigñânesvara's interpretation, by 'a kinsman or one who is no kinsman.']
p. 62
4. The third is the son of an appointed daughter.
5. She is called an appointed daughter, who is given away by her father with the words, 'The son whom she bears be mine.'
6. A damsel who has no brother is also (in every case considered) an appointed daughter, though she has not been given away according to the rule of an appointed daughter.
7. The son of a twice-married woman is the fourth.
8. She who, being still a virgin, is married for the second time is called twice married (punarbhû).
9. She also is called twice married (punarbhû) who, though not legally married more than once, has lived with another man before her lawful marriage.
p. 63
10. The son of an unmarried damsel is the fifth.
11. (He is called so who is) born by an unmarried daughter in the house of her father.
12. And he belongs to the man who (afterwards) marries the mother.
13. The son who is secretly born in the house is the sixth.
14. He belongs to him in whose bed he is born.
15. The son received with a bride is the seventh.
16. He (is called so who) is the son of a woman married while she was pregnant.
17. And he belongs to the husband (of the pregnant bride).
18. The adopted son (dattaka) is the eighth.
19. And he belongs to him to whom he is given by his mother or father.
20. The son bought is the ninth.
21. And he belongs to him by whom he is bought.
22. The son self-given is the tenth.
23. And he belongs to him to whom he gave himself
24. The son cast away is the eleventh.
25. (He is called so) who was forsaken by his father or mother (or by both).
26. And he belongs to him by whom he is received.
27. The son born by any woman whomsoever[1] is the twelfth.
[27. 1 Yatra kvakanotpâdita, 'born wherever,' means, according to Nand., 'begotten anyhow, but otherwise than the above-mentioned sons, upon a woman, whether one's own wife, or another man's wife, whether equal in caste or not, whether legally married to the {footnote p. 64} begetter or not, whether still a virgin or not,' &c. But he adds a very lengthy discussion, the upshot of which is, that the term yatra kvakanotpâdita is applicable to adopted sons only, who, although they are considered as the sons of the adopter, or of the legitimate husband of the woman, upon whom they were begotten by another, may also become heirs to the begetter, in case he has no other son. 'Or this term refers to the son of a Sûdra concubine, whom Manu calls Pârasava' (M. IX, 178). The latter interpretation agrees with the one proposed by Dr. Bühler, who identifies the yatra kvakanotpâdita with the 'Nishâda and Pârasava of other lawyers,' especially of Baudhâyana (11, 2, 22), and with the view taken by Gagannâtha, who thinks that the Saudra (son of a Sûdra woman) is meant.]
p. 64
28. Amongst these (sons) each preceding one is preferable (to the one next in order).
29. And he takes the inheritance (before the next in order).
30. And let him maintain the rest.
31. He should marry unmarried (sisters) in a manner correspondent with the amount of his property.
32. Outcasts, eunuchs, persons incurably diseased, or deficient (in organs of sense or actions, such as blind, deaf, dumb, or insane persons, or lepers) do not receive a share.
33. They, should be maintained by those who take the inheritance.
34. And their legitimate sons receive a share.
35. But not the children of an outcast;
36. Provided they were born after (the commission of) the act on account of which the parents were outcasted.
37. Neither do children begotten (by husbands of
[32. 'The particle tu, "but," indicates that those who have entered the order of ascetics must also be understood here.' (Nand.)
34. 'The particle ka indicates that sons begotten on their wives (Kshetragas) shall also receive a share.' (Nand.)]
p. 65
an inferior caste) on women of a higher caste receive a share,
38. Their sons do not even receive a share of the wealth of their paternal grandfathers.
39. They should be supported by the heirs.
40. And he who inherits the wealth, presents the funeral oblation (to the deceased).
41. Amongst wives of one husband also the son of one is the son of all (and must present funeral oblations to them after their death).
42. Likewise, amongst brothers begotten by, one (father, the son of one is the son of all, and must present funeral oblations to them all).
43. Let a son present the funeral oblations to his father, even though he inherit no property.
44. Because he saves (trâyate) his father from the hell called Put, therefore (a male child) is called put-tra (protector from Put, son) by Svayambhû himself
45. He (the father) throws his debt on him (the son); and the father obtains immortality, if he sees the face of a loving son.
46. Through a son he conquers the worlds. through a grandson he obtains immortality, and through the soil's grandson he gains the world of the sun.
47. No difference is made in this world between the son of a son and the son of a daughter; for even a daughter's son works the salvation of a childless man, just like a son's son.
[44. 'Svayambhû means the Veda.' (Nand.)]
p. 66
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Re: The Institutes of Vishnu, translated by Julius Jolly
by admin » Tue Apr 27, 2021 11:19 pm
XVI.
1. On women equal in caste (to their husbands) sons are begotten, who are equal in caste (to their fathers).
2. On women of lower caste than their husbands sons are begotten, who follow the caste of their mothers.
3. On women of higher caste than their husbands sons are begotten, who are despised by the twice-born.
4. Among these, the son of a Sûdra with a Vaisya woman is called Âyogava.
5. The Pukkasa and Mâgadha are sons of a Vaisya and Sûdra respectively with a Kshatriya woman.
6. The Kandâla, Vaidehaka, and Sûta are the sons of a Sûdra, Vaisya, and Kshatriya respectively with a Brâhmana woman.
7. Besides these, there are innumerable other mixed castes produced by further intermixture between those that have been mentioned.
8. Âyogavas must live by artistic performances (such as public wrestling, dancing, and the like).
9. Pukkasas must live by hunting.
10. Mâgadhas must live by calling out in public the good qualities (of saleable commodities).
11. Kandâlas must live by executing criminals sentenced to death.
[XVI. Y. M. X, 5; Y. I, 90; Âpast. II, 6, 13, 1.--4-6. M. X, 11, 12; Y. I, 93, 94; Gaut. IV, 17.--7. M. X, 31.--8-15. M. X, 47-53.--17. M. X, 57.--18. M. X, 62.
10. According to Manu (X, 47) the Mâgadhas are to live by traffic.]
p. 67
12. Vaidehakas must live by keeping (dancing girls and other public) women and profiting by what they earn.
13. Sûtas must live by managing horses.
14. Kandâlas must live out of the town, and their clothes must be the mantles of the deceased. In this their condition is different (from, and lower than that of the other mixed castes).
15. All (members of mixed castes) should have intercourse (of marriage, and other community) only between themselves.
16. (In the lower castes also) the son inherits the property of his father.
17. All members of those mixed castes, whether their descent has been kept secret or is generally known, may be found out by their acts.
18. Desertion of life, regardless of reward, in order to save a Brâhmana, or a cow, or for the sake of a woman or child, may confer heavenly bliss even upon (members of those) base castes.
1. On women equal in caste (to their husbands) sons are begotten, who are equal in caste (to their fathers).
2. On women of lower caste than their husbands sons are begotten, who follow the caste of their mothers.
3. On women of higher caste than their husbands sons are begotten, who are despised by the twice-born.
4. Among these, the son of a Sûdra with a Vaisya woman is called Âyogava.
5. The Pukkasa and Mâgadha are sons of a Vaisya and Sûdra respectively with a Kshatriya woman.
6. The Kandâla, Vaidehaka, and Sûta are the sons of a Sûdra, Vaisya, and Kshatriya respectively with a Brâhmana woman.
7. Besides these, there are innumerable other mixed castes produced by further intermixture between those that have been mentioned.
8. Âyogavas must live by artistic performances (such as public wrestling, dancing, and the like).
9. Pukkasas must live by hunting.
10. Mâgadhas must live by calling out in public the good qualities (of saleable commodities).
11. Kandâlas must live by executing criminals sentenced to death.
[XVI. Y. M. X, 5; Y. I, 90; Âpast. II, 6, 13, 1.--4-6. M. X, 11, 12; Y. I, 93, 94; Gaut. IV, 17.--7. M. X, 31.--8-15. M. X, 47-53.--17. M. X, 57.--18. M. X, 62.
10. According to Manu (X, 47) the Mâgadhas are to live by traffic.]
p. 67
12. Vaidehakas must live by keeping (dancing girls and other public) women and profiting by what they earn.
13. Sûtas must live by managing horses.
14. Kandâlas must live out of the town, and their clothes must be the mantles of the deceased. In this their condition is different (from, and lower than that of the other mixed castes).
15. All (members of mixed castes) should have intercourse (of marriage, and other community) only between themselves.
16. (In the lower castes also) the son inherits the property of his father.
17. All members of those mixed castes, whether their descent has been kept secret or is generally known, may be found out by their acts.
18. Desertion of life, regardless of reward, in order to save a Brâhmana, or a cow, or for the sake of a woman or child, may confer heavenly bliss even upon (members of those) base castes.
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