The Oollection of Hindu Law Texts l)

Vol, II. Part III,

A Vj
Y AJNA V ALKY A, SMRTI
--::: -.
WITH THE OOMMENTARIES OF
(1) The MITAKSHARA by Vijiia.nes'va.ra. Bhikshu
. . .
(2) The VIRAMITRODAYA by Mitramis'ra.
AND
Vyawaharadhyaya.
Chapters IVII ( Pages 631-976 )
All English Translati011 with notes, explanations etc,
BY
J. R. B,A.,LL,B.,(Honours-in-Lnw.)
Principal Law College, Poona, Advocate High Cowt, Bombay.
Fellow of the University of Bombay.
Second Edition
1938.
-:i
l
(
PREFACE.
As announced last year when the second part of the Achi1rl1dhyaya
was published, the first part of the Vyawaharadhyaya is nowheing
i,sued. This portion consists of Chapters l- V II which give til. General
and Special Rules of Procsdure, the laws of Deht, Pledges, 'and Deposits,
and the provisions as to Witne88es, Documents, and Ordeals. It will thus
be seen that the portion now issued in this Part, consists of the Procedure
Or the Adjective law of the iil orti. The next Part which will consist of
Chapters VIlI-XXV contains the Substantive portion of the Sm,ti.
As announced hefore, the translation now issue'! consists of
(1) The Original Sm,ti of yajiiavalkya.
(2) The commentary called the IVIitak,hara by Vijiiines'vara.
(3) "
(4) "
"
"
"
"
Viramitrodaya by IVIitramis'ra and
Dipakalika by S'filapal)i.
In the First Edition which was issued in 1914, only the Smrti of
yajnavalkya and the were included in the translation.
The two commentaries of the Viramitrodaya and the Dipakali/,a were
subsequently secured from the Library of the India Office. Tho commentary
of the Viramitrodaya has also been published in the Choukhamha Sansk,t
Series of Benafa3 and the Dipakalikfl. is being pnblished in entirety in this
Series. It will be remembered that the translation is being issued in handy
volumes of about 400 pages for t.he convenience of subscriber .
The Second Part of the Smftimnktaphalam by Sri VaidyanMha-
is also being sent out alongwith this volume.
The next instalment will consist of:
(1) The Englis'.
Vyawaharadhyaya of
Commentaries.
Translation of the remaining portion of tha
the Yajiiavalkya Smrti, with the three
(2) The SansRrt TalCt of the Dipakalika by S'nlapani.
The assistance of my son Bal has, as usaal, been of much uee.
Girgaum, Bombay.
l5th March 1938
}
J. R. GHA.RPURE.
Editor.
LIST OF OONTENTS
1."
Chapter I.
GENERAL RULES OF PROOEDURE
Subject
he King should administer
justice
Page
631
Vyawaharll"'-delined ... 632, 635
" several nape'cts
Subject
" Oontents oi, Form of
Particulars
Vicious plaints
Mixed plens
Page
652, 656
653
654
655
Duty of the king
'" "note.
633
No ohange in the plnin t
answer is filed ...
nfter the
Result of non-investigation
., faulty "
Derivation of Vyawabfira
Oouncillors and Assessors
Their qualifications
It number
The OhU Judge
Who should be appointed?
A perverse decision, effect of
Punishmen t for
...
...
"
"
636
637
638
639
640, 642
641
643
644
"
Oommencement of a proceeding
(Vyawahiirn)
Plnint., kinds of
Inadmis.ible plnin ts ..
Procedure after the complaint
Who may and ,may not
summoned or arrested
Agent.
Plaint reduced to writing
645, 649
646
be
650
647
648, 658
649, 657
651
Right to begin
Answer-Essentials of
Kind. of
"
Denials, Kinds of
Faults in an answer
" explained
Mixed plen.
Order in H
illustrated
"
659
660, 696
661
" 670, 075
6'1
662
663
661,671
665
666
667
66S
Simultaneous proof not allowed "_
Prooedure in an answer
A Bmn-WadI
Exhibition of evidence
Burden of Proof
Kinds of evidence
The Result
Four Ports of Vyawahiira
P.da
669, 694, 695
672
'"
673
674
676
677
678
Chapter II.
SPEOIAL RULES OF PROOEDURE.
Subject Page I
Oounteraolaim, when allowed
No change in pleadings
result of shifte
679 False plea. :
Subject
penalty for
Page
687
"
Limitotiou of this rule
680, 701
6S1
681
Counter-charge when permissible 683, 684
Security to be taken ... 685
Object of the SeQuritiY 686
" Fine" 688
When defence to be immediate 690
Disqualifying callses for a witness. 691
Unfit person.-characteri.tic. of... 692
" Bigns of
Priority as to
693
696, 697
Subject
Suit with a wager
Unequal or one-aided wagsr
Oareful investigation necceasnry
Quantum of proof in a denial
Effect of a partial denial
" of its disproof ...
In suit, for father', debt,
In criminal complnints
In uase of a general denial
Conflict....:-between Smrtis
11 Rules of La.w and Politics.
The Atatayin'
Rule on a conflict
Kinds of evidence
Mode of Proof
The maxim of part for the who Ie
Page
698
699
700
-702
703
"
704
705
706
707
708
711
712
713
714
( ) 715
Burden of proof
Probativo value of evidence
Order of proof
716
717
718
719 In cllEes of pledge I gift lind sales,
Of later transactions, in others
Ownership-origin of
720
721,723
722 Po!session, not a basis of
Adverse possession .. ,
Duration of possession
Ten years for movables and Twenty
years for the ilnmovable
Suggested conclusion
723
724
725
726
vi
Subjeot Page
Open depo,it, 727
The needle and the kettle maxim... 728
( )
"Permissive possession. 729
A ppropriatiou of pledges 730, 732
Penalty for 731
Essentials of possession 734
Possession ripening into ownership 735
" and Title 736, 737
" as Basi, of little 744, 745 739
l' for three generations '" 7 4q
When mere possession good title. 742
aud when not 743
Essentials of possession
Several Tribunals
Their respective jurisdiction!
Appeal and Rehearing
Transactions which may be
aside
746
"
747,752
748, 752
,et
749
Inadmissibility of Buite 753,754
'I master and servnnt 750
betw, een preceptor and pupil
" father and eon 751
" husband and wife
Property lo,t, and recovered 755
Time limit 756
Trea,ure-Trove 757
Rule as to distribution 758,759,760
Property taken away by robbers... 761
Duty of the king 162
Chapter III.
REOOVERY OF DEBTS.
Subject Page
Subject Page
Debt, which may and may not be
Where no interest is levio.ble
775
paid ... 163
Whtln creditor may himself recover 716
Intereet-mte of 764
When several claims are set up '"
778
"
kind, of 765,768,773
Special preferences ... 779
Speoial rates 766, 772
King's dues 780
Stipulated interedt
767
When the debtor is poor 781
Limits to a.ccumulation,
Tender, effect of 782
,Damdupat &c . ... 169,771,774
Onpitalisation of interest 770
!'\on-aCcB'Ptn.nce
" "
783
vii
Subject . Page
What debts should be paid 784
, '" " need not be paid .0. 785
" "the Ron need not pay 786, 787
Mother's debts" 788
When'is 8 hueband liable 789
" should a wife pay 790
Acknowledged and enjoined debte. 791
Liability of Bons and grnndsons ... 792
Extent of" 793,794798,802
ABBets and liability... 796
Women ... 798
Swairini, and Punarbhus 799, 803
TransBctions prohibited between
certain relations... 805
Representation 806
" by wife ... 807
THE LAW OF SURETYSHIP.
.8urety-,defioed
" Kinds of
Liability of sons
Extent of
Joint ,and several
808,817
.0." 809
810
811
812
Subject Page
The Jiiteshti maxim ... 813
When payable... 814
Persons prohibiteil:.l,1B Bureties 816
For female, and beasts . 818
THE LAW OF PLEDGES.
Kinds of ...
Lapse of a pledge
Time for redemption .. .
Pledge with custody .. .
Exception .".
Pledge with a Time limit
" for UBe
" proof of
" if destroyed ."
Ohatrita pledge
Satyankii.ra H
Redemption of a pledge
When the debtor or creditor
available
Usufructua.ry pledge ...
Divisions of
Self-effacing pledges ...
819
820,826
.. 821
822,824
.... 823
823
8"25
827
828
829
. a30
B30, 833
not
.;.
832
814
836
. 836
Chapter IV.
LAW OF DEPOSITS.
Subject
Upanidhi and ...
in Cass of 1088 .0.
". . by' superior forco
E;xcept,ion .,. ,
Poge
837, 8!2
838
"
830
Subject
Wrongful appropriation of
YBchitalut, lVy9aa, &c.
Anvlihitu .
. Page
840
841,844
843
Chapter V ..
WITNESSES,
Subjeot Page
Oharacteristios of 848
Kinds of . :' - H
Appointed and unppointed ..... 846
. Qulllmcatlons of . ... 847
. Petson. unfit to be 848,851,.854,857
" Described 840; 856
A single witness 852, 865, B58,
In serious charges 853, 859
Kind. of affirmation 860, 863
Form of Oath 861
Oath by touch 864
to give evidence, ,penalty
for... '865, 866
Penalty for .Hence ... 867
When_ witnesses differ ( 870'
Subject ." Page
Place where-to be exaiiiined" 869
Probative foroe .onestimo"y '871, 872
When more""- - .
appear -",,'J 874
What evidence is.conclusive __ ,;.. ,,,B75
Evidence nfter decision 876, 877
Burden in .imultaniety of claims. 878
Punishment for :false evidence ... 880
11 n habituai offenders. 8'82
Special punishment .. ; , 881
For a Brahmana ,-.B83
For withholdin'g evidence... . .384
When an untruth -is .887
for - -. ... 888
viii
Chapter VI.
DOOUMENTS.
Subject
Kinds of ..
" "
described ...
Form of "
Page Subject
891 Rule whell original lost &e.
,! Secondary evinenoe ...
M92, 897 Jayapatra
893
Page
901, 904
902
Debtor's endorsement
Attestation by witnesses
Endorsement by the writer
General rules regllrding
Invalid Documents
Extent of liability under
Speoial rule for a pledge
894 How document to be proved
Oircllmstantilll inferenuo
80u Endorsement of pa.yment
89H )1 of witness
899 Document to be torn upon pay-
900 ment
Chapter VII.
ORDEALS.
903
905
906
907
909
908
Subject Page
Subject Page
Kinds of ordeals 909
In serious casas 911, 914
In petty cases 912
By agreement 913
The oath, Koala &c. 915
,
916
Preparation for an ordeal 918 The preparation of nine circles,
Tbo ordeol by Fire ... 944
The procedure by the per.former , .. 948, 99
" " "Ohief Judge 947
In vocation Man tra ...
"
Optional rule by PitamEiho. DIg their dimension, intervening
Different ordeals for difforent spaces &0. . .. 949,50
seasons 921 Procedure in cases of doubt 951
The genernl prucedule .. 922 Retrial, whfm, prescribed 95S
In cnSGS of women, children, Ordeal of Wa ter 955
old men &e. 923, 924 The Procedure described 960, 961
Rules for the performer 925 Sea!ons for it 967
Special ordeals U26 R{>sult U5U
Pecuniary limits for se'lvera.l Procodure if the performer
ordeals 927,930,932 vi,ible n5D, D61
Ordeals graded to losses 928 Ordeal by Poison D62, D66
In charges of treason, SiihnsB.s &c. 929 The Mantra for it ., "
The ordeal 01 Balance des- The effects of the poison D63, 966
cribed 933,941, 942 Poisons to be selected 963
-The invocation Mnntra 934 11 nvoided 964
Oonstruction of the Balance 935 Senson for the ... 964
Inauguration of the de.ities 936, 937 11'0 whom it sbould not be given... 965
The mantra by tbe Ohlef Judge D3B The reBnlt 965
The test ... 939 Ordeol by Kos'a 967,970,971
The result 940 The Procedure 967,968
The Balance house 941 The test and tbe result 969
OTHER ORDEALS.
Subject Page Subject
Page
The ordeal by Rice .. , 971 Pitiimahn's rule 973
"
The heated
Another courSe 974
Its preparation 972
The oaths
974
....
Their vnlieties 775
Another
973
Tbe application of these
975
'rho ordeal-of tho Dharma and Determination of the rosult
976
Adharma
97S, 974
Time limit
976
S'RI
Y AJNAVALKY A-SMBTI
TOGETHER WITH THE COMMENTARY CALLED
A A A
MIT AKSHARA
OF
- ~ A
S/RI VIJNANES'WARA
AND THE OOMMENTARIES
OF
VIRAMITRODAYA BY MITRAMIS'RA
AND
DIP AKALlKA BY srfru.P ANI
SECOND BOOK
ON VYAWAHARA: POSITIVE LAW.
Chapter I.
OF TIlE RULES OF PROCEDURE IN GENERAL.
Introductory.
Of a king possessing the (necessary) qualifications of anoint
ment &c. the protection of the subjects is the highest duty; that, (i. e.
the protection) however, is uot possible without punishing the guilty.
The detectiou of the guilty, moreover, is not possible without the
administration of justice (Lit. holding a trial). That Buits should be 5
tried daily has already been said' viz. that" a king should attend
persopa\ly to the administration of justice every day, B)lrrollnded by
(or with the help of) the Coupcillors." ThevBrious detail!! oEa trialviz.
its pature, its kinds, apd its procedure have, however, not been descri
bed, and the .Becond .Book is being commenced for describilJg these. 10
Yajiiavalkya, e r ~ e l.
The king, divested of anger and avarice, <lhould
administer justice along with learned Bra!lmal)as, in
conformity with the principles of legal science.
1. Achar.dhyaya Verse 360.
1
632
[
Yaj ilavallcya
Ver861.
:-Vya.wa.Mran, &c. judicial trials <]'0. a
complaint. against another and having relation to one's sel is a
Vya.wa.ha.ra.
'
. As for example-where a certain
1. The word bee:1 severally explninedfrom several points of
vieW'. VIZ. (l) Its intrinsic character, (2) Its fmwtion, (.3) It::; flinetioDllries,
(4) Hs component purLs, (5) The meo.DS by whicb a sUlt is decided, (n) Its
kinds, (7) The results, (8) Its defects or fiu.ws &l!. and \9) The time llnd p1111e.
5 It is therefore nocessary to note its aspects from all these points of view:_
I Its intrinsio ChU1'(lotC1'; Kat) aynnR gives a derivative meaning thus:-
for <l1<ll>! arq IRui ;rR ,,",,<RI 1 o<r<!f;F( II "' II
YajiIav !kya: qlifcrr",(q',: '1'1:: I II ("l. ")
V yawabam M.ayukba. "llq" l n).
10 II. The fimational aspocts have been slated by Ko. ya.yana (2 ').
Wr;:;H:!I::'ij" I 91fl cl:f::.fifH: U II
Narada .. '49;;"'-1 ,<[I<r <1"1;Jlffi'1, I '9fI'Qlm"lIS4"i'i<: ['{'fI'I": II (I, 10)
Ill. lts jU71ctiOlW1'ios.
""11 ,,];1;'f: W4: '1l1oi I lI!l'[1il'iI: II
15 IV. Its compon,nt par": Nlirada-(I, 8 .. 9)
;; '[9" I '<[[1"'1>1<11'1 II
m:r\f:tsl'!l.'JllT 'iTiI'iJlljI'if't9 '<[ I ""f;i01\'fo1<iirr'-l II.
See 015.0 YijOo.vnlkya Verse. 8 fur-her 00
V, VII, VllI. The meaas, ",,!tlts, and flaws. 'Narada (1,12_13)
20 B''''lFr I "m"i1l{1'f1l11lj[ '<[ TO)Ii\'! '<[il'?iI: II
"tNl ""I1il:, <GIl'!"" '<[ I ql""'1 'f'"I"'W'fIQ' "": II
qli\I'Rrii'i "',(1\ '1'1'[: ;;11>:1"11[03'iii I'll,: ;;'[1;;'1: ;;",'qle:r ,fffi"l["ifli'i II (III,
'Tt1,,,,f,<[ 'Imii '<[ I "@1i' '<[g;"'f.lfJ q""Wif: "
Brhaspati' 'iTlorlll!""," 'f <nif,ifll1ii'fllf<[: I !{iif.ifR rr",j1; g; '4R;r1i'l: II
GaUL,ama I also, (/ "<nlflrm
I """!liP" 'I'lll'liof I I'm! rrG'let ". 1
'. ( f\, )
,.... r-.... ... .... ,..... " ......... '" ..... ,....
'!ilq",,,, l'liql 'flilil IlI"QI 0;19"'1 if'!l I '<[1l1,!,!1 I'!I'NI "lifl I
and Narada BaYB "lC1<!1 'T1i"'lifT !;,riill
30 'Tl['iTIOlI,f;;rI1>!I'1fIIlMii';t" .1 ;;1l1>:1llloJl ''I''!1flmfil' II
"f'lo":' ".
VI. It' kinds have been giv.n by Manu .as oigh'eeo, Oh. VIII. ,J.-7
page Narada enlarges !OB. sec I. 20. ,
VII. As to the fIJ8Ult note this text of
...... I"' I"' .... ,... _ ....
<9'1''1,'1' 'I'll !1l1fr:q,'TIl"," Ef"i''!1l: I '1'1 IEj';Qif "l'fijl<: <f;:r;;1[if "
Apatarka-dsscnbes it as ' cO[Jsisting.of the plaint of t1Ie. plaintiff the
answor of tbe defendant, aod ,the evidence' I '
mirada if'! ;;,"ii i\'lifr 'Til[ I",it'i <I"";J1'ft!! 'iT11I"" II
.w;r ti"';}'['f $R'{ 'II?;: 'II,' 1PT[i!piJrnll
40 '. "<if{LI"II'{: 1l"'!;;I!IOlT9i;o'l''1ijllif: J'If;; ,""f fil"'Ro) 1l1
0
5!"f<2i<if\ '!iI: II
. IX. As .10 .the time, KiLtyiLyana obarves. . .
IlIlT'flt lli\i!I '<[Ef"n'f 'iT1;,r ,,I' 'fo1lliifiw It"
.. ..
'It 'l;"1'f"'f,r''lfrr;jn' 'l'l'lt I if'! <'lel''!'! 'F'Qi!c;;1lT" II
,
I
' .. .

"


Ii
t
!
Ydjnava.llaya ]
Verse'1.
'Vymvahflra
. ddined.
-:- Mltllkshnril.--Xbig's ,duty.
person says that the land' &c.is his, and nny other
also says in contradiction to him,that .it:is his .
The Author indicates its i. e. of the. Vyawahflra:-
variety by the (use of. the) i. e. king, the
Author indicates that this is not the duty oE the lc:;hatriya order alone,
bnt also of auy other endowed .wlththe iluth6i'ity to govern the subjects.
Pas'yilt-should administer, &c. is a repetition (by way or corrobora-
tion) of what was said beEore and is intended as laying down a
special dnty. Vidwadbhlp., along with the. learned,-with ( the
63.3
5

help oE) those (who are) well-versed iu works on 10
legal science and the Vedas, grammar &c.
Brapmanai\l, with Brtl(tmat.as,-not Khatriyas
or others. By the expression, 'Brltp.maJ;las' introduced by the lnstrn- .
mental case, their subordination is indicated, from the grammatical
aphorism! 'conj uncti ve use with Saha (the preposition with) indicates
subordination.'
Hence, in the case or absence oE an investigation, or Eor a falBe
decision, the Eault wonld be that oE the king, and not oE the
As observes Manu:'-" A king, punishing the inuocent ( Lit . unpn-
nishable), and not pnnishing tbe guilty (Lit. deserving punishment),
brings great infamy on him-elE and gnes to bell". - Fly what procedure
(sbollid he try snits)? dharmas'astrii,nusarelJa, in conformity
8'{),stra' (Science oE religion and law) and not with the
science DE politico. Tlle e.stablished usage anillaw DE the country &c.
have not been separately mentioned, as tbey form a part DE the subject
matter oE legal science, in so Ear as tbey (snch llsage and law) are not
inconsistent with tile general principles oE legal science. And as the
15-
! -
20
25
sage Yajfiavalkya has said
4
'later on, "a custom which ,is not
opposed to law should be careftilly maintained, as also the law or
nsage made or established by tbeking". KrOdha-lobha-vivar- 30
jita\l, &c., divested of anger and ava, ice &c.. When it is
establisbed that it (t. e. the administration oE justice) shonld be in
L rU9ini. II,-3-19. I)
2. Oh. VIII. 128.
3. For the extent and. scope 01, the expression Dharma-S
J
astra. 'see tge
Ge.nera! Note on the Hindu Law
<10. Bk. lI. 186.
634
Virtlmilrodaya-TWllll at Law,
[
Y4ifla'vaZkya
Verse 1.
5
conformity with the principles of legal science, the mention of the'
additional condition (that the king shonld be) "divested of anger and
avarice" is indicative of a special injunction (3'fT'fUiill;) 1 Kr6dha
anger-intoleranoe. L6bha avarice--excess of greed. (1).
Viramitrodaya.
"The judioial proceedings, he himself should investigate,
surrounded by the councillors, every day", what has been thus stated' in
the last Book, the Author now elaborates in detail by a separate Book.
Yajiiavalkya, Verse, 1.
10 Here, althongh the investigation of a judicial' trial has been
stated in the last Book, still a .iudicial trial with .11 its parts being sot out
in this Book only, it is oalled the Book on Vyawabura. There, moreover,
these are the Chapters: viz.
I. Ohapter on the Rules of XIII. Breach of Oontract of
16 Judicial Preeedure. Verses service. 182-184
20
1-36.
II. Payment of Debts-Verses XIV. Breach: of Cont.ract.
37-64. 185-192.
III. Deposits. Vsrses 65-67.
IV. Witnesses. Verses 68-83.
V. Documents. 84-94,
XV. Non-payment of Wages.
193-198.
XVI. Gambling and Betting.
199-203.
XVII. Slander and Abuse.
204-211.
25 VI. Ordeals. 95-113. XVIII. Assault, 212-229.
VII. Partition of DiLya. XIX. Sn,hasas. 230-263.
Verses. 114-149.
VIII. Boundary Disputes 150-158. XX. Non-delivery after Sale.
204-268.
30 IX. Disputee between the own- XXL Partnership. 259-265.
erB and keepers (of cattle)
Versee 159-l87
X. Sale without ownership. XXII. Theft. 286-282.
VerBes.168-174.
35 XI. Non-completion of gifts. XXIII. Protection of Women.
Verees 175-176. 28'3-294
XII. Rescieeion or a S"le.177-181 XXIV. 1iiscellaneous.295--3U7
1. The meaning is that the king is asked by the geueralln,v that he
should adminbter justice according to religion and law, but in he
is Bsked to cast off all anger and avarice.
2. See verae 860 Acbl1radyaya P. 620 above.
3. Vi,varupa makes it further clear: '%i'rslll
I 'l'ill;;;r,x: ''i!QIQl<1'?1!fT<!I'l'\ '-- <11"1'"' '''l[jI'lr<!'ll;p'-l'I'fr'-
yt1;naoalkya ]
VerseB 1.
Vlramitrodnyn-Vyawaho.ra.
635
Vidwadbhi, 'along with the learned', i.e., men well conversant with
the principles of legal science ; 'with the BrAJ:1mal)as'; saha,
'along with'; the kiog'; from anger and avarice being
porticulorly averse; Dnarmasctstranuslire!,a, , in conformity with
i.e., with ant detriment, to Dllarma- and s'astra, "Dressed in deCAnt 5
attire, the king after going to the court houBe, with cloBe attention,
being seated with face t.owards the East, should investigate the CBBeS of'
suitors" in this' and the like manner, suits containing the plaint and the
answer, pa-s'yet, 'should administer', i.e., should investigate.
By the word nrpa' iB included one even other than a 10
who is a protector of subjects. is the principal course. If
that is not possible, then along with or Va-ieyas also, aB has
been stated before.' The particnlar mention of Dharmdastra-is with
a view to point out its chief importance; for in the investigation,
the science of polity may also have to be followed. That has been stated 15
by Kat yay ana' : "By those experts ill the Dha-rmasastm and versed in
Artllasastra ". On a conflict between the Dl,armasastm and the Art;'a-.
sastra, however, the greater or less potentiality will be stated later on.
As to the etymology of Vyawalta"a, Katyayan9.' says:, "Vi, has the
seuse of many; ava, means doubt, hara!'<L or removal is expressed by ltdra; 20
uy reaeon of the removal of several doubts, it is known .s Vyaval,dra."
That, moreover, of this char.cter ie of two sorts. As says
" Attended by a wager, and not attended by a wager; this should be
known to be of two kinds. It is ' attended by a wager' where 11 party
takes in writing a certain slIm whiCh has to be paid besides that in 25
dispute." 'He who is defeated in this prooesding, shan pay so mnch
1. See Ratyaynna VeraB, 55.
2. i. lJ. Who occupies the position of a Ruler of the people.
3. See Page 621 lines 14-21.
4. VersB 57. By adopting this quotation from Kiityayann., it is indicated
that the study of the principles of Political soience was a necessary part of the
accomplishment of one to be appointed to inv8!:!tigate cllses.
5. Verss 26.
6. Introduction 4. With this aspect of a suit the student may with
advantage compare the Actio Sacmmentum of the Roman Law. The two
r8st;lmble in both aspects.
qf Vyawo.hrira
[

VIlrs6 2.
peMlty to the successful party or to the king' in this or a similar form
where a condition or wager like t.his is l"id before the writing down of
the Plaint, that is' a suit with a wager '; one other thau this is ' a suit
without a wager ".
5 It has been stated: 'in accordance with the Dl,arma S'dstret ';
there, the Author mentioos the position of the Dl,arma S'listra, ;,8., by
reference to the entire treatise. Thue indeed becomes congruous t.he
meution here.'ter of the witne"ses, disputants, &c., since these are
incorporated into the Dharma S'113tm. (1).
10 S'ulapii\li
In regard to the Recovery of Debts and several other titles at
Law such doubts as arise are 1'emoved by this, and therefore, this deliberation
which removes doubts as to the several points is called. Vya'vohdra or
a Judicial proceeding. So Ktity':yaua:
1
-' Vi, has the sense of many;
15 ava, means doubt; harat7.a 01' removal is expressed by haru; by reason
of the removal of several doubts, it is known as VyavaluJ:ra." Tan, these
judicial proceedings, the Lord of tbe land, should himself personally
investigate, and in company with the Brahma>;!as knowing the Dharma-
sas{ra. In accordance with the rules of the Dhannasas{m regarding the
20 Plaint, the Answer, the Proof, the Trial and the Dacision, and not tbrough
anger, or hatred, nor through avarice, nor by partiality. Although it has
been said that the kiog should himself investigate' judicial proceedings,
still this is a subsidiary' condition of the principal point viz, investi-
gation according to the principles of Dharma Saslm. (1)
25 Yajiiava,lkya, Verse 2.
A king should select as his Councillors' those persons
who have become accomplished by learning and. stud.y', who
know the law, who speak the truth, and who are the same'
to friends and foes a.like. (2).
1. VerBe 26.
2. Verse 360. use of this expression has the sense of
investigation ca'J'1'iod to 11 decision.
3. and a:{2''''Iq-The principal of the
chief point is flUf, !lud the subsidiary or subordiun.te one is
4. The wa rdil Colt/willa,., and AS80UO,.O ILre separately used here to bring
out the distinction between r;rll:'fi (appointed) and 3lf.l"!!'fi (unappointed). The
word m-q st.anus for those who aTe and has been trnnslated fiB
Coullcillol','. The word refers to tuoes learned who
voluntari1y go to a court and are referred to in verse I1 above. Of. the J'udoa;,
and Rccuporatofos of lhe Roman system.
5. i.,.oftheVed;s.
6. Impartial to. friends and foes as well.
'Mltrl.kshnru.-Tho o1Jpointed-atld tho'lmappoinled.
637
Further, S'rutenEL, by learning, by study-
ing the Mlmttfi.sd (the science of Interpretation),
Page 2. Grammar etc ; and also adhyayanena, by study,
i. e tbe study of the V edits .. ; accom-
plished; knowin.q the i. e. those who 5
know religion and [be science of law; satyawadinap., who spealc
the trt!lh, i. e. who have (eltablished) a character for speaking the truth.
Ripau mitre chEL ye same to friends
Sabhyas (Coun-and foes alike, unaffected by feelings of hatred,
ciliors) described. love &c. Men of this description should be invested 10
as councillors by the king, after conferring npon
them gifts, and other tokens indicative-'of respect, that they may
\lJecome fit to) attend or sit in tbe meeting or 8ssembly, saUhtlsada(!.
Although the expression 'accomplished by learning and study'
has been used without particularisation, etill Brltl;lmaJtas only (are meant). l5.
As says Ka.tyayana' :-"Moreover, he (i. e. tbe king), accompanied
by assessors or councillors, who are steady, special scholars, of high
.pareutage, and who are the best of Bril;lmll.lls, who are clever in inter-
preting the meaning of Dharma S"dstra, and who are accomplished
,in politics." 20
. Those to be selected, moreover, should be three, the
plural baviug been used with a (special) purpose; and also tbere being
a text of Manu' viz:-"In the place where three Brltl;lmaJtas, versed in
the Vedlts, sit down." Brhaspati', however, intimating that the
councillors should be seven, five,or three, observes: "Where, Viprtls 25
(Bril;lmaJtRs) knowing the usage oftbe people and tbe Vedas, as well as
the law, and being either seven, five, or even three, are Bitting, that
assembly is equal (iu Sanctity) to a sacrificial ussembly". It should
not, moreover, be supposed that (the words) "accomplished by learning
and study" arid others, are adjectival of Bral;lmaJtRs referred to in the 30
last verse in (the expression) "along with it being.imposi-
Bible that words having the" Nominative .and the Instrumental termi-
nation at their end, should be connected as an adjective and the word
qualified (by it), as alsoon account of the possibility of the fault of
repetition being committed bytbeuse of the expression "by the learned". 35
1. Verse 57. 2.0b. VIII, 11. ;J. Ob.1. VerBe 11.
638
MItil.kshorfL-QltcolifiGatjofls of Ouullcillvrli,
[
J'a;ii:avaaZkya
l' ar8B 2.
Moreover, Ka,tya,yana,' has brougbt out clearly the distiuction
between the BrilhwWls and the Conncillors thus :-"A king attains
heaven, who investigates disputes according to law, with the help of
the Chief J adge, the minister, the religious preceptor, the
5 and the CoaD.cillors." There, the distioction is that the
are not appointed, while the Councillors are appointed. Hence also
it is said' "whether appointed or not appointed, he who knows the law
is entitled to speak".
Among these, those who are appointed should advice the
10 king on the facts as they staud, and if he woald act otherwise,
then they should dissuade him, otherwise they would be guilty.
Ka,tya,ya,na,' has also said :-"The coancillors who follow him, even
when he acts with injustice, are co-sharers with him in it (the injustice);
therefore the king should be warned (advised) by them." DE the
15 unappointed, however, the sin occurs only when they speak a false-
hood, or do not speak at all; not when they do not dissuade the king.
As l'IIa,nu' has said :-" Either the court must not be entered, or the
truth mast be spoken; a man who either spelh nothing, or speaks
falsely becomes sinfal (guilty)." Ripa,u Mitre Cheti, to friends and
20 foes, ere., in this clause by the (use of the) word eha is indicated that
the coort should also have the attendance of a few merchants for the
satisaction of the people. As says Ka,tya,yana,' : "Attended by a
few tradesmeu of good family, free from malice, and possessing
the qualification of high birth, character, age, good behaviour
25 affluence, and family tradition." (2).
30
Viramitrodaya.
There, moreover first, in regard to the statement" along with
learne" Brahmans," while explaining the learning, the Author discusBe
s
the .
Yajiiavalkya, Verse 2.
S'l'uiam, 'learning', i.e., wit.h the help of the Mima])ea aud the
like, underet.anding the meaning; accompanied hy that, with the study
of the Veda and S'aBtTa , accomplished, i.e., posses Bed. Therefore also
dilarmajna.h, ' who knnw the lltw " i.8., who are clever in discriminating
35 the dilarli,a an! the nou-dharma; and therefore alBa who have a
character for truth-speaking. Ye ripau mitre eha ' who are the
Bame to foes and friends alike' devoid of' hatred, Bngerl et.c., those
1. VersB 56, 88e note 4 on p. 636 2. By Narnda. III, 11. VersB 75.
4. Oh. VIII. 13. G. Verse 68.
Ydiilavallc
yu
]
Ver8es 2.
Vlramltrodayn-Councillors, their qualifications and 1lUmber.
639
Bri1:i).maJ;las should by the king be made councillors, i.e., who will attend
the courts. The meaning is that honour and respect, etc., shonld be
so ordained for them tt.t they may attend the court for the deliberations.
By the nss of word cha, ' and', are included the indifferent.
,
By the use of the pluml number, the Author intends the particular
number stated in other Srortis. So, moreover, lYlann', "In the place
where sit down three Brfi:i).roaJ;las knOWing the Vedas." Brhaspati' also,
"seven, five, or three may be the Oouncillors." Really, however, the
inclusion of the unappointed Br1l:i).maJ;las having been stated before, even
apart froro tboBe, this verse is intended to direct others to be milde 10
councillors. Hence it is tbat the Ohief Justice, and the ministers, together
with the Brll:i).maJ;las and the Purohits have been stated by Katyayarra'.
After premising the investiture, it has been stated: "Attended by a
few merchants of good family, possessing the qnalifications of high birth,
character, age, good behaviour and afllllence, ond free from malice."
By Mann' also has been eaid: -" In transactions between tradesmen and
artisa.ns, and also among persons subsisting on agrhmlture, or on the sta.ge,
where a decision is impossible to be reached, it shonld be got done by
5.
15
the experts in the lines themselves." This is only indicative. The
point is that whoever is a specialist in a particular matter, by him 20
indeed that matter should be got decided.
Brhaspati' mentions persons necessBrY for (0. court of) justice, "The
king should appoint two persons-an accountant, and a scribe-wbo
know the principles of the science of words and names, bave studied
the lexicons, who are skilful acconntants, who are pure, and who are 25
acquainted with the various alphabets. For summoning and gnarding the
witnesses, tbe plaintiff, and the defendant, a truthful and confidentiol
mon should be appointed, subjeot to the authority of the Oouncillors'." (2)
S'ulapalli
The Author mentious the councillors
Yajiiavalkya, Verse 2.
Accomplisbed with the kuowledge and the meaning of the Vedas, and
the study of the Vedas; who know the Dharma siisi1-a; and who by habit
1. Oh. VIII. 11. 2. Oh.1. Veroe11. 3. VerBe 58.
4. This verse is not found in Manu j Bee however B;-haspati 1. 26.
See Ragh,mathji Tarachand VB. Bank oj Bombay 1. L., R. 34 Bom. 72, at p. 78.
5. Oh. 1. VerBes 14, 15.
6. ''''-'lr>!r'!:
2
30
640
Mlti1kshnrfl.-The Ohicf Judge.
[
Y djiJava lkyd
Verse 3.
are truth-speakers; those who are of an even mind towards an enemy as
also to a friend; such should be appointed councillors.
Katyayana
1
states a special rule: II He, moreover, aceompanied
hy councillors, who are steady, special scholars, of high parentage, and
5 who are the best of Bra1,1maJ;las, who arB experts in the Dha1'ma Sctstra
J
and
are accomplished ill the science of polity; along with the chief judge, the
minister, the religious preceptor, the BraJ.>mallas, and the councillors, the
king who investigates disputes, attains heaven, and retains it according
to Dharma." (2) .
10 It has been laid down that 'the king should administer
.justice'; the Author mentions a secondary conrse
Yajiia valkya, Verse 3.
Unable to attend to the administration of justice on
account of other engagements, by a king should be a ppoil1ted
15 (in his place) to work along with the Councillors, a
Erap.mal)a, knowing all laws.
:-Ou acconnt of his engrossed in other
works, vyawaharan apa,s'yata, unable to attend to the
lion oj Justice; nrpel).a, by a king; sabhyailt saha, along with
20 the Councillors, referred to above, sarvadharma vit, knowing all
laws, all laws i. e. laws laid down iu the S'astras, as also the customary
laws; knows i. e. (considers) discriminates; such a one is he who
knows alllawB ; Era.ltmal).a,a Brd/m1a1.1a, and not a k"hatriya or
any other; niyoktawyalt, should be appointed, for deciding disputes.
25 Moreover, Buch a one possessing the particular qualities laid
down by Katyayana
2
should be made. Says he :--'''He should be
self-restrained', high-born, impartial, not overawing, calm, god-fearing,
religious, and devoid of anger,"
1. Verses 57, 58.
2. See Verst) 04.
3. qprf. The other reading is vigilant.
Y4;nafJalkya J
Vers6 3.
64J
'-: ..
In the absence of a of this description, . he shonld.
appoint a Khatriya, or a Y sis' ya, hut nota
Page 3. S'Udra. As says Katy1j,yana
1
:-" Where a.
is not available, he (i. e . . the king)
should appoint a or a Vais'ya who knows the Dharma '5
S'dst1'a; a Sildra should be avoided by all means,"
By Narada
2
also this very thing has heen. indicated pro-
minently :-"Placing before him Dha1'ma-S'dstra, ancl. adhering tQ
the opinion of the ChiefJ udge, with a calm mind (or concentrated
attention), he should decide suits in due order." 'Adhering to the
opinion of the Chief Judge, i., e, not posting himselE in his own
optmon. As in the expression, 'the king ohserves the enelllies' army ..
with the eyes {ia the form} of spies', the term Chief Judge is here'
used in its etymological' eense. He who questions the plaintiff and
10
the defendant is a prat; and he who Bifts or discriminates their' 15
statements, the inconsistent from the consistent along with the
assessors, a vivitka; he who 'is a prd! as well as a vivdka is a
Prlldvivl1ka. Moreover, it has heen said:
3
"He is called Pradvivaka,
because, after. consulting him, the king, in' company . with the
councillors, decides dispates after an inquiry relevant to the. matter 20
at issue." (3)
. Viramitrodaya.
" Judicial proceedings he should himself personally investigate"
thus it has been stated in the last book. When, however, that is not
possible, the Author mentions a course '. 25
Yajiiavalkya, Verses 3.
Owing to beiog absorbed 'in concentrating himself upon other
mattersa.nd therefore unable to investigate judicial prooeedings, by sucli
.. king, along with the councillors, " Br&hmana. knowing all laws. and
rules useful for a lawsuit should be for' the porpose ()f 3D
investigating law suit,. This is the meaning. Here Katyayana
4
states a
i. Verse 67.
2. Oh. 1. 35.
3. By Vy.sa. See Ohalldrikil, P. 3,
4, Verse 64.

VJrnmitrodayst 5' ulspuni-Thc Chief Judga,
[
Ydjiiavalkya
VerSli S.
special rule. "One who is self-controlled, well-born, impartial, not likely
to create distrust, who is firm, .fraid of the next world, devoted to religion,
industrious, .nd devoid of anger." In the absence of such. Bl!I"i).ma"a,
a. or a Yais'ya should he appointed, so has been stated above.
5 So sa.ys Narada
1
: "The affllirs of' the ascetics should be got
determined by only those who are learned in the three lores, as
also of those who are versed in sorcery and witch-crafG; and not
himself, for fear of creatin;; resentment." The msaning is th.t those
from who3e anger there may Dcanr danger, the investigation of ( the
10 dispntes of) these should he caused to he made through men of their
kind alone.
Even when a determination is m.de by himself, the co-operation
of the Ohief Jlldge is certainly contemplated. So observes Narada':
"Placing before him the Dllarma-S'ilstra, and addheriog to the opiuion
15 of the Ohief Judge, he shollld decide suits in due order, with. calm,
i.e., concentrated mind." (3).
20
S'iilapal1i .
Wben the investigation of disputes is not possible to be made by
himself personally, the Author states a course
Yajfiavalkya, Verse 3.
One knowing well alllawe i. e. of the country, the caste, and the
rest. In the absence of a proper Bral;tmalfa, a Kshatriya, 01' a Vaisya
may evon be appointed, as says Kiityiiyana':" If a learned Bl'al;tmalfa be
not available, one may appoint there a Kehatriya, 01' a Vaisya who
25 knows the Dharma sastra; a sudra, one should avoid with effort." So
also Manu': "A Bral;tmalf" who subsists only by the name of his
caste (jate), or one who merely calls himself a Brahmana, may interpret
the law of the king, but never a S'ndra. Of that king the adminis-
tration of whose laws is made by a S'udra, the kingdom will sink
30 (low) like a cow in the mud." (3)
1. Not found in Niiradn, but See B,bnspnti, 1. 27.
2. Oh.1. 35. 3. Verse 67.
4. Oh, YIII,20-21.
Y4inavaZTtya ]
Verse 4.
Mltllkshnru.-A per-verse decision.
643
The Ohief J ndge Rnd the other councillors if out of passion &c.
decide B dispute in departure from the dictates of the Sm,tis, then
what should a king do? so the Anthor says
Yajnavalkya, Verse 4
4. Out of passion, avarice, or even through fear, 5
councillors acting in departure from the rules of the Smrtis
or from a similar cause, should each be separately punished
with a fine double of that ill dispute.
:-Moreover, the aforesaid Sabhya!l, councillors,
on acconnt of the uncontrolled sway of Rajas' or passion, being 10
affected by it, rag at, out of passion, i.e., on account of excessive attach-
ment; lobhat,jrom avarice, i.e., on Rccouutof excess in greed; bhayat,
from fear, or on account of excessive tribulation, smrtyapetam. in
departure from the i.e. opposed to the The term Adi
or from a simliar cause. indicates doing something which is a 15
deviation from custom; prthak prthak, sevemlly, each one severally.
Vivadat, oj that in dispute, of the amount accruing as damages on
account of a defeat in the suit; Should be punished with II double
of the fine, dwigulJam damam; not however (double) of the amount
which is the subject matter of dispute. If it were so, there would 20
be the possibility of an absence of fine in disputes regarding
adultery or seduction and the like. The use of the words passion,
avarice and fear is to limit the double fine to ( the CBses oE) passion
&c. only, and not to (extend it to the CBse of) ignorance, mistake &c.
Moreover, let it not be supposed in consequence of the 25
text of Gautama
2
viz. ,. a king has power
'" [ P. 3. L. 16.] over all, excepting Brahm"nas," that
are exempt from punishment, as the text is
intended to be eulogistic only.
As to what bas been saids viz., 'that he (i.e, a 30
should be exempted by the king from six (punishments), viz. that
he should not be killed. imprisoned, punished, exiled, deported or
1. The second of the three qualities vi" Sotva, Rajds and Tamas.
2. GautamB 11, 1.
a. Gautama VIII. 12, 13.
.644
Virnmitrodnya-PulIishme1lt for the /lamc,
[

Verlle 4"
made destitate (deprived of his effects),' that holds in the case of one I
" who is a well-read scholar, . one who knows the nsages of the
people, who is versed il'l the Vedas and the Ved.ngas, who is an
expert in the art of controversy (or in expounding controversial
.5 points), in History and tbe Paral,as, who is a constant student of the
same, and who follows them in life, who is purified b.y the forty eight
purificatory ceremonies,' who devoutly observes the three duties"
or one-who has been trained in tbe six' cllstomary duties of life."
Thus it (i.e. the exemption) applies only to one who has acquired a
10 versatility oE knowledge as detailed above and not to any
merely as such. (4)
15
Viramitrodaya;
For the Councillors giving an unjust decision, punishment should
lie administered by the King; so the Author says
Yiijilavalkya, Verse 4.
On account of being oppressed by passion, etc., in departure 'from
the S"'r#8, i.8., opposed to the Smrtis-by the use of the word adi, etc.,
'opposed t,o the usage of the country' &c. also should be included.
'Oouncillors " for the . purpose of investigation appointed to the
20 assembly, as far as the Ohief Judge, prtl,al'prthak, 'separately' each
one, .i.udat, 'of thot in dispute, consequent upon a defeot in the dispute
under consideratioo, from the penalty in the form of an imposition of a
money fine, damam, , double the penalty', 'should
be punished', i,e., should be made to pay.
By the nse of the word api, 'or also', are included those not
known. So says Katyiiyana
l
: "After correctly comprehending the
result of the suit, the Oouncillor should then speak; otherwise one must
not Bpeak; he who speaks gets twice the penalty. By reaSOD of the
1. Gautarna VIII. 4-11.
2. vi,. Gautnrna details these at Oh. VIII. 14-22.
3. These are: study, sacrifice, and almsgiving
4. These are: the three last with tho addition of 3lWT'f'l!l'["i'l.mr!Til'l:
Teaching, officiating at a sacrifice, Ilnd receiving gifts. See YajnavaZkllu 1. 118.
5. VerBe 8081,
]
Verae 5.
fiilllt of the Oouncillor, whatever iB IOBt, Bhould be replaoed by the
Oounoillor as it was before; a dispute, however, when Bettled by 'the
disputantB themsel ves, .one should not investigate."
Thus what bas been deoided after a proper deliberation may be
considered again, and no penally (should be iI!lposed) ont of irritation 5
due to the defeat of the plaintiff.
There, "Oouncillors declaring an' unjust deoision, and similarly
those who subsist on bribes, a8 also, those who are guilty of a Breach o'f
Trust, all these must certainly be baniehed''', the (rule of) punishment
thus declared hy Brhaspati should be observed,. (4). 10
S'ulpapi
Yajiiyavalkya, Verse 4.
These, the councillors declaring falsely, should each be punished
with the penalty double that for the cjefeatedparty., By the use of the
wordapi 'even' is included one digressing away from the judicial 15
proceeding (4).
The Author meutions the of a fTyawahara
Yajfiavalkya, Verse 5. . .
, If.one injured. by others in a 'Nay whichis a violation
of the (laws of) Smrtis and. usage,. informs the king, that '20
becomes a (fit) subject for a Jud.iciaLProceeding. (5)
:-Marglh],a, in a way, oppo5ed to legal
science aud general usage, paraijl, by others,
Subject Matter adharshitap, injured, i.e .. attacked;
of a suit. to the king, or to the Ohief,Judge, avedayatl, 25
infm'ms, i.e. respectfully complains, Chet, in case,
'of that, tad, which forms the complaint, is the subject' mattel' of a
iudicial pl'aceeding, Vyawaha.rapadam. Vyawahara,or ajudicial
proceeding is that which has for its component parts, the plaint,
the answer, the doubt, reasons, deductions, the evidence, the decision '30
and the reasons thereof; its pada, its (i. e. of Vyawahara) subject.
This is its general definition.
That(Vyawahdra) morever, is twofold: a plaint founded on
. suspicion, and a plaint founded on facts. Assays Na.rada' :-" A
L I. 27.
646
0/.
plaint is known to be of two kinds; a plaint founded on suspicion,
and a plaint founded on facts j (on) suspicion in consequence of
(defendant's keeping) bad compauy; (on) facts, when the stolen goods
have come to light". By Bodhct is meant, the goods stolen or any
5 otber evidence (thereof). By "goods coming to light ", therefore
is meant, tracing (the offence) by circumstantial or direct proof.
A plaint founded on facts is moreover two-fold; (1) Containing
tbe statement of a denial; and (2) containing tbe statement of an
active wrong (by the defendant). As e. g. "Having taken gold &c.
10 from me, he (the defendant) does not give it hack.", "He (the
defendant) deprives me of my land &c." Katyliyana
'
also has
said :-"who does not himself wish to do what is just, or does an
unjust act."
This (Vyawahdra) moreover is divisible into 18 As
15 says Manu':-"Of these (1) the first is the Re-
* Page 4. covery of dehts; (2) Deposit, (3) Sale without
ownership, (4) Ooncerns of several partners
together, (:i) and Resnmption of gifts. (6) Non-payment of wages,
(7) Breach of contract, (8) Rescissiou of sale and purchase, (9) Disputes
20 between the owner (of cattle) ani! his servants; (10) the law of
Boundry-disputes, (11) Assault, (12) and Slander; (13) Theft,
(14) Heinous offences. (15) Adultery or seduction; (16) Duties of
husband and wife; (17) Partition; (18) and Gambling and betting.
These are in this world the eighteen topics of J adicial Proceedings.
25 Even these have become multiplied into many more by the varieties
of tas points at issue. As says Narada' :-"Their branches amount
to one hundred and eight. It (a jndicial proceeding) is said to have
a hundred hranches On account of the multifariousness of human
transactions.' ,
30 The author points out that hy the expression 'if he informs
the king' is meant, he himself voluntarily goes and informs, and not
under instigation of the king or his servants. As says Manu":-
" Neither the king or any servant of his shall themselvee cause an
1. Verse 139. :i'l.fP:H'If is re!1ding.
3. 1. 20.
2. Oh. VIII. 4-7.
4. Oh. VIII. 43.
J ..
Verse 5,
th' damplaont.
action (lawsuit) to be started, or hush np one that has been bronght
by another." 1 Pa,ra,i!l, by others, i. e. by one, two, or many others;
the Author iudicates hereby that a disput.e may arise between ooe mall,
and one, two, or many men. The text of Nara,da, viz.-HMen con-
versant with law lay down that disputes between one and many, with
women, and with servants, are inadmissible as a suit" refers to snits
having different causes of action.
By tbe 'informs the king' is also meant 'that clad
in a decent or simple dress, the plaintiff shonld inform the kiog' when
questioned by him. When the complaint is proper, (i. e. according
to law), then the summoning oE the deEendant by sending a seal &c.,
and the non-summoning of those that are beyond the court's jnrisdic-
tion, or exempt from it (as being afflicted with disease) being evident
from the context, has not been expressly mentioned. This,
moreover, has been clearly laid down in a,nother SmrtP:
"At the (proper) time, he (i. e. the king or his proxy) should
thus inquire of the applicane standing and speaking before him:
what is your Buit for, and what is your grievance? .Dou't fear,
speak, 0 man I By whom, where, when and for what (have
5
10
15
you been) troubled? Thus shonld he ask one who has come 20
to the court. Thus interrogated, what he speaks (as his
grievance) he (i. e. the king) should consider along with the
Councillors and the Brll\lmaJ;las; and if the complaint be proper or
one according to law, (on order bearing) the seal, or a messenger,
should be sent to summon him (defendant).
"The king should not cause to be summoned a person who is
afflicted with a disease, a minor, the old, one in
Cases where sum- difficulty and (me engaged in (religious) duties;
mons mayor
may not issue.
(nor) a perBon who would suffer great loss' if he
were summoned, a person affiicted with pain
(caused by the separation of relations); perSODS
engrossed in the king'. service, or in celebrating festivals; the
1. The Biilambhat\i and the Vls'wes'wari give an alternative meaning
thus: "Dor should he accept a plaint presented unjustifiably by a party. "
2. Rilty.yana Verses 86-88.
3. Plaintiff:-Lit: one who pleads his cause in court. The reading given
in the foot-note is adopted: another reading is lstaDding in a humble posture.'
4. BiJ.lambhaHi P. 9 L. 5 &c.
"
25
30
MiUksharl1- TVho BllUrtlcl Jll}t be ii!ontllOlUJd? exoGptio7Js.
[

r
T
er8B s.
intoximited ; persons possessed by evil spirits; idiots or the insane:
the aggrieved, or persons who are dependents; (nor) a yonng and
helpless woman, II highborn lady, a woman recently delivered, a maiden
belonging to the higheettribe; (became) these remales are declared to be
;) dependent on tbeir tribes. 1 A snmmons is allowed against women
upon whom tbeir families are dependent, profli
Exceptions. gate women, and tbose who are prostitutes, as
also against snch as are oE low birth or are
degraded. Taking into consideration the time and the place, as also
10 or otherwise oE the cause, the king may cause even the
infirm &c. to be summoned Iud brought comEortably by means oE
conveyances. He may even summon, in weighty matters, hermits
and the like, whobave retired into the woods, notice of the
complaint' taking care however that he thereby does not give any
15 offence."
The law o[ arrests which is plain in itself, has been laid down
by Narada
1
:-" A plaintiff should arrest a
Arrest. defendant who absconds when the cause is about
to be tried, and one who disregal'ds the plaintiff's
:20 words, until the legal summons has been issued. Confiuement to a
place, arrest Ear a limited time, restrictions regard-
The Eour'rold di ing travelling, and prohibition from a specific act;
vision or arrests. this is the fourEold division oE arrests. One
subjected to an arre3t must not transgress
25 it. IE one arrested at a time propsr for arrests transgresses
his arrest, he should be punished. One who, in causing an
arrest, acts improperly, shall also be liable to punishment. One
arrested while crossing a river, or in a forest, or in a bad country, or
during a great calamity, or while in similar predicaments, commits no
30 fault by transgressing his arrest. One about to marry, one oppressed
by a disease, one about to offer a sacrifice, one afflicted by a calamity,
as also one (already) accused by another, and one engaged in the king's
service; (as also) cowherds engaged in tending cattle, cultivators In
1. Verses 97, VS.
2. 'At their leisure and by meD.llS 01 conveYll.llCeS' BCla11iblwHi .
. 3. it may also be rendered "ha.ving f1scertained the
importance of the oompla.int."
.1. I. 47-54.
Y uliiaf}aZky!l. J
Y8fS8 5.
..
the Bet of sowing the crops, artisans while engaged in their own
occnpations, and warriors during warfare.
Arrest means a restraint by the king's orders. The weak. and .
others (exempted) shan depute their Bon or. Bome
"PAGE 5. other relative; and these (relatives) will .uot 5
become liable Eor speaking without authority for
another, as will be seen from the text oE Naradah "He, who is
not either the brother, the father, or the son, nor is one acting under'
an order or authority of another, and speaks for him, deserves
punishment; as does he who makes contradictory statements in 10
judicial proceedings." (5).
Viramitrodaya
The investigation of a Judicial Proceeding (VyavaMra) being
dependent on the knowledge of the subject. of a jlldiciaLproceeding
( the Author mentions generally the subject 15
of a
Yajiiavalkya, Verse 5.
Marge,!a 'by a way', i.e., means which is outside the Smrtis and
good uBage ; 'by others injured', i.e., outraged;
rd.jfie, 'to the king " of the attack by another, avedayati, 'informs', tat; 20
, that', then becomes vy.vaMrasya padam, 'the suhject for a judicial
proceeding', such as the Recovery of Debts and the like.
By the use of the word elwt 'if', it has been indicated that the
initiation of a dispute Bhould not be started by himself. That has been
Btated by lVIanu': "Neither the king nor any servant of his shall 25
themselves caUBe any action (law suit) to be started, or hush up one that
has been brought by another." The re.ding yad', 'which', is approved
of lVIis'ra and others. Which, e.g., the Recovery of Debts and the like
he informs that should be utilised.
The plural in parailJ" 'by others', is where the matter at issue is 30
one. Where, however, the points nt issue are different, the text of
Narada' applies: "Of one with many, against women, or against
agents. a dispute is admissible."
1. Oh. II. 23; 2. Oh. vnI. 43.
3.,:. In the place of ,net ('<{oJ if. $. Oh. II. 12. first quarts,.
650
Viramltrodayn-Illa.clmissibZl Plailltb',
[

VersB 5.
By the use of the word /ti, 'indeed' it is intended what has
been complained of, must neceBsarily be inveBtigated. There, Brhaspati'
mentions a special rule" The preceptor and the pupil, the aud
the son, the hUB band and the wife, Lhe mastsr and servant, of theBe
5 when brought together, a. dispute is DOt permissible. Of onB with many,
with women, and with BervantB, a dispute is inadmissible, as has been
declared by the learned. That which has been excluded by the king, as
also that which is likely to be against the intereBts of the citizenB, or of
the nation in entirety, aB also Bimilarly of tbe BubjectB. OtherB also as
10 are antagoniBtic to (the interests of) the City, village, and the people in
general, all Buch diBputeB have been declared as ino'lmissible."
That subject of a judicial proceeJing, moreover, generally is of
two kinds, from a plaint founded on suspicion, and a plaint founded on
certainty. A plaint, moreover, is two-fold, in the form of an aBBertion
15 and in the form of a denial; aB 'my gold haB been taken away by him "
and' Having taken money as a loan from me, be does not give.' AB
B'YS Katyilyllna
s
:-" Wh.t iB JUBt, he himself does not wish to do, Or
who does wh.t iB unjuBt ". Manu' particularly cla"ifies the topics for a
judioial proceeding thus: "Of tbese, (1) the first is tbe recovery of debtB,
20 (2) depoBita, (3) Bale without ownership, (4) concerns of several partnerB
together, (6) and reBumption of gifts, (6) non-payment of wageB,
(7) breach of contract, (S) rescisBion of sale and purchaBe, (9) disputes
betwsen the owner (of cattle) and the cowherds, (10) the law of bound.ry
disputee, (11) aSBault, (12) sl.nder, (13) theft, (14) heinous offencee,
25 (15) adultery or ssduction, (16) dutieB of h usb.nd and wife,
(17) partition, (IS) gambling and betting; these are in thie world the
eighteen topics of Judicial Proceeding B." (5).
S'ulapal1i.
Yajiiavalkya, Verse 5
In a way outside the Smrtis and good usage, one pursued by another,
30 either monetarily or bodily, one complains when troubled, that is the
point for the investigation by a Judicial Proceeding. That is of eighteen
kinds. so says Manu': "Of these (1) the first is the recovery of debts, (2)
deposit, (3) sale without ownersbip, (4) concerus of several partnere
together. (5) and resumption of gifts, (6) Non-payment of wages, (7)
35 breach of contract, (S) rescission of sale and purchase, (9) disputes
between the owner (of cattle) and the cowherd, (10) the law of boundary
disputes, (11) assault, (12) slander, (13) theft, (14) henious offences, (15)
adultery or seduction, (16) duties of husband and wife; (17) partition;
1. See Harada II. 12, last quarter.
2, Verse 139, 3. Qh. VIII. 4-7,
y ]
Ver8e O.
MltilksbarU-Written plaint.
651
(18) and gambling and betting; these are in this world, eighteen topios of
a Jndicial Proceeding.
By the expression if he 'informs', is meant that by himself ..
dispnte shonld not be started, B!ahaspati states a special rule, "The
preceptor and the pnpil, the father and the son, the master and servant. 5
of these if bronght in conflict togethsr, a judicial trial cannot be
admitted" (5).
When the defendant is brought by one of the (three) modes,
viz., by the signet, the written order, or the messenger, what further
should be done? So tbe Author replies 10
Yajiiavalkya, Verse 6.
In the presence of the defendant should be reduced
to writing whatever is alleged by the plaintiff, and marked
with the year, the month, the fortnight, the day, the name;
the caste, and the like. 15
:-What is asked for is the artha, (the relief
sought) the object to be accomplished; and a plaintiff (Arthi) is the
one who sets it up. His opponent is pra tyarthi, the d4endant.
Be/ore, tasya, (of) him, i. e., in the
The Charac presence of him, lekhyam, should be written, should 20
terietics of a
Plaiut.
be reduced to writing. Yatha, whatever, in which
mode i. e., as alleged before at the time of making
tbe first complaint; and not otherwise; for in
that caBe on the ground of departure (from the first complaint) the
trial would be vitiated. For' "one who alters his former statement,
one who shuus the judicial proceeding, one who does not put in an
appearance, one who makes no reply, as also one who absconds after
being summoned; these are the fi lie varieties of a faul ty (Hina)
litigant."
1. Nilrada. II. 33. Katyayana ,tute, the several amercement, for
these; thus: see verse 202.
3Ptf91;fr q[JIf'l:. I 'Ilq\'ll'<l1 "! ];i;;'il,: "
0I1[11QqC'l'fr"! ![Ilfl'l; mm[ I
25.
652
MlttlkshnrtL-Ol)uttllltB of the Plaint.
5
10
15
20
25
30
35
The allegations of the plaintiff having been once reduced to
writing at the time of thefit'st comp'aint, it
P. 5. L. U. might be said that writing it ovel' again would
he meaningless, 80 the Autbor says: Sarna
masetyadl, year, month q-c-marked with the year, month,
fortnight, date, day &c., as also bearing tbe names of tbe plaintiff and
the defendant, and their castes snch as &c. By the word
Adi, q-c., are also included the amount, the quantity, place, time,
reason for forhearance' and the like (Adll1i). As has been said' :-
"Tbat is termed a plaint or complaint, which is presented or
made to the king, and which contains (the Artha)
P. 5. L. 12. tbe cause of action, which is in accordance with
tbe law, whicb is complete and devoid of
confusion, which contains the point at iSBue, which is couched in
significant language, and which is consistent with the claim made
out; (which is) intelligible, not inconsistant, certain, capable of proof,
concise yet bringing out tbe whole cause of action, not impossible in
regard to place or time; which contains tbe year, the season, the
montb, the fortnight, the day, the time, the country and the particular
district, the village, the house or dwelling place, the point at issue,
the designation, the caste, the personal description and age; which
contains the measure and quantity of tbe object to be secured, the
names of the plaintiff himself and of the defendant, and (which is)
marked with tbe [James of the ancestors of himself aud of the defendant
respectively, as also with the names of kings; (which contains) the
cause' of forbearance and the injury done to self (the plaintiff); in
whicb are mentioned (the names of) tbe grantee and the grantor."
is the same as Pratij,'a or Palcha. It hus no other meaning.
The point to be noted is that at the time of the first complaint, only
the cause of action is written, while in tbe presence of the defendant,
the year, the montb, and otber particulars are written.
Although the specification of the year is not necessary in all
proceedings, still it is essential in trials concerning
P. 5. L. 19. deposits or pledgee, gifts, and sales, on account
of the text:
3
"In the case of pledges, gifts, or
1. for forbearance-i. c. where the suit is apparently
brought nile! the proper time, plaintiff has to explnin the delay.
2. BfiJnmbhnHi refers to this as the text of NfLro.dE1
1
but it is not iOlmd there,
3, Yajn. II. 23.
Mltll.ltBhnrIl.-Par iiculars.
sales, prior transactions have preponderance". " And' also 'in money
disputes, such as in a case where a certain definite amount was
brrrowed hy a certain person and was repaid in the same year, and
agaiu in another yeat' the same amount was horrowed by the same
Mi3
person, but on demand he sets np repayment, the utility oE the 5
prescribed rule would be that payment' and repayment in another
year would he proved, The same (rule) would apply in the case oE
months. The provisions regarding' (the specification oE) country,
place &c; however, apply only in transactions concerning immovables,
on account oE the (Eollowing) text.l:" "In suits for immovable 10
property, these ten (particulars) should be entered in the plaint viz;
the province, the village or" town, so also the particular site, the caste
and names (of plaintiff and deEendant), the namesoE neighhours, the
ineasuramentand (descriptive) Iiame of the field, the names of the father,
the grand-father &0. as also a desCl'iption oE former kiugs." Country, 15
e. g.Central Province &c.; "Place or viliage such as Vitrfil),asi &c.;
Particular site i,e. honse, field &c: of the same village (town) properly
identified and marketl out by the specification of boundaries on the East,
West,&c. Caste-i. e. of plaintiff and defendant such as Bra\lmuJ;la &c.
Name-i, e. Devadatta&c. Neighbours i, e, people residiog on the 20
adjoining land, lYIeasurement :i: e. of land such as a nivartana',
Name of the jield-such as-a rice-field, or a rotation-crop
field; black-field, white-field &c. And also names of the father and
grandfather of the plninfiff and the defendant; and also D,specijication
of iwmeso( thethree previous :kiilgs. The object intended is that 25
the year, month &c" in each transaction should be written as much
only as is necessary for that transaction.
Snch being the characteristics .ot a plnint, those (plaints)
which are wanting in these essentials, bu t present
'" Page G. an illusory appearance of a plaint, are evidently 30
vicious plaints, and so .vicious "plaints, have not
been separately mentioned by the Lord of Yogis' (Yogis'wara).
Others" haveinentioned for. the sake . of (greater) clearness,:
"The king should discard a vlcious plaint; which,is impossible, does .
. 1.. 'of Katyilyana, 1 ~ 7 1 2 8 . 2. i. c. 20,rods,
3. i. o. the sage,YcLjncitialkIllt.
4, see B,h.sp.tiTIL 6,9,10; and "Kdty"yan. 160.
654
Mltaicaitarli._ Vi.CtUltl>' Plaints.
[
-
Yefs: 6,
not disclose any injury (to plaintiff), is meaningless or causeless,
cannot be proved, and which is cJntradictory." Impossible, as e.g'
, the defendant having taken my hare's horn, does not !eturn it,'
Containing or disclosing no injury, as e. g. 'the defendant moves
5 about in his house in the light of the lamp of my house".
Meaningless, i. e. devoid of a definite me aning e. g. ka, cha,
ta, pa, ja, cIa, da, ba, &c. CauselesB, as e.g. tbis Devadatta reads in a
charming voice near my house &c. Incapable proof, as e.g. "I
was ridiculed by Devadatta with the knitting of bis brows"; this is
1 () incapable of proof on account of the impossibility oE the means (to
prove it). Having a transitory character, (there is) no possibility or
(obtaining) II wituess much less a writing; uor, being trifting, would
it (the fact) be amenable to an ordeal. Contradictory, as e.g. "I was
abused by a dumb man" &c. Or such as are opposed to the (usage
1.5 of the) town, nation &c.
These are reEutable by their very nature, and thererore are
not specified. Even here" the impossible &0.,"
1. 8. are selected as illustratious for the sake of
explanation, L that too does not put away a
20 plaint which is a combination of several counts. "All the following
plaints are declared as inadmissible, viz. that which is prohibited by
the king, which is hostile to the (interests oE) citizens, or to the whole
nation, or to the ministers; as also others which are hostile to the
usages of the. city, town or eminent citizens"
25 It has been said above that" a complaint which joins together
several causes of action is not allowed"; but
L. lB. there woulJ be 110 fault in such a case, if it is
expressly described as a plaint 'mixed up of
many objects', it being unobjectionable to allege that " my
:,0 ... man. "
1. :-Means Il clearer explu.nation by drawing lLttentioll to the
component parts of the sentence or words, as opposed to (1 rough, or general, or
popula! conception. It is the same as i'fr'9i'f: sometimes used e13ewhere.
The meaning is that we know, without tuis text, that plaints which are
are and must be rejected j still tbe text is used to make the gist
of the meaning of the word clear. By gq'rtfRr here is meant the of the
word still these several text. ( de;oting do not the
c.,. of For it is not a ca of at all, as the only defect of
that plea i6 that it cannot be gone into simultaneously.
Ya;r.avalkya ]
Versll O.
Mitllkshnr!l-1lIixed pleas.
If it be said tGat a plaint becomes vicious on account of
mixing together several counts in Buits for 'the recovery oE debts' &c.,
655
that to) will not hold. For, the plaint is allowable which contains
averments like the following, viz. 'He borrowed my rupees at
interest', ' I delivered gold into his hand' and 'he deprives me of 5
my field.' Only (in sach c.ses) on account of a difference in the
causes of action the trials are held in succeEsion and not all
together. As says Katyaya.na.
'
: "A king, desirous of arriving at
the truth, m.y andouhtedly admit even tbat plaint which contains
several connts, bat which is in conformity with the principles of 10
law." ThereEore the meaning of the rnle is, that a plaint containing
several counts will not be allowed to be established in all the counts
at one and the same time.
The word (Arthi) plaintiff, inclades his Bon, grandson
&c., as they have a common interest. One specially appointed 15
as an agent, is also presumed to have au identity of interest on
account of the appJintment, according to the text
Z
-" IE one is
deputed by the plaintiff or is chosen by the deEendant as his
representative, his success or defeat is regarded as that of the party for
whom he (the representative) pledds." The success or defeat of 20
the agent or representative is of the original principal only.
rhis, moreovel', should be jotted down npon the ground or on
a board with white chalk, and aEter it has been
L. 21. revised and corrected by rubbing off and rewriting,
it should be written down upon a paper, according 25
to the following text of Katyaya.na.
3
viz. "The Prfidvi!>lUa or
the Chief Judge should get down the plaintiff's statement, as made
by him in his own way, on a in white cbalk, and then on a
paper, aEter it hlS been revised." The revision and correction shonld
be made only while yet the answel' (of the defendant) has not been 30
filed, and not thereaEter, as otherwise there is the fear of the
proceeding never ending.
1. Verse 137.
2. Of N arad. 1. 22.
3. Verse 13I.
4
656
Viramitrodayn-Form Qf the Plaint.
[

Verse 6.
5
Hencs Nara.da.
'
has said: "He (i. e. the Judge) may make
corrections in the comp'aimnt's first complaint so long as the answer is
not received; being stopped by the amwer, tbe correction should cease."
If the Councillors cause an answer to be filed without revising the
plaintiff's fir at complaint, then the Councillor. should be punished
according to the punishment laid down iu the text
2
(Ragaliobhat <re.)
" out of passion, avarice &c.", and the trial should be re-commenced
by the king, commencing with the solemn affirmation.
Viramitrodaya.
\0 Such a Judicial Proceeding has four feet (or ports), so us the
Author will state hereaner, there, first in the part regarding the Plaint,
the Author states the function of the king'
Yajiiavalkya, Verse 6.
Arthinf}" 'by the Plaintilf', Pratyarthino'agrato, 'in the presence
16 of the Defendant' Bhould be caused to be written. Bamf},,' the year ';
mf},sa!l, 'month' iB well-known; tada1'dllam, 'half of that', i.e., the
fortnight; aha!l, 'the day', these are the periode for a plaint, i.e.,
these periods of time are for the part dealing with the Plaint. Narnajriti,
'name an'] caste " i.e., of the Defendant, a8 alBa of himself.
20 By the nBe of the term A'di, 'and the like/, are included, the
quantity of the IlomOl1nt and the like stated by Ka.tyayana< thUB:
"The amount of the claim, the material and the quautity; similarly the
name of oneself and also of the kings in Buccessive order, of the place
of residence, "Iso the name of the object in dispute, and in genealogical
2" order the names of ancestors, the (nat.Ufe of. the) iojury, the grantor
aud the grantee, and also other causes for forbearance-theBe Bhould be
Btated in the plaint, and (the plaint) conBtit.uted.
By this-" In such and Buch a year, Buch and such a mouth, of
myself by name Buch and such, the grandson of Buch and Buch, the Bon of
:l1J euch and Buch, and of a particular caste, by Buch and Buch a one, the
1. Not found ill Namd"; but see Brim'pati III. 15.
2. yajn. 11.4. p. 643 lLbove.
S. i.6., either the king himself when person.lJy attending to the
jnve,tigation or the Judges appointed by him.
4. Verses 125, 126.
i
I
.,
Yajiiavallcya ]
Verse O.
ViramitrodBya-Ag81its, where admissible.
657
grandson of such and sllch, the son of sach and sach aud by 'name such
and sl1cb, within the territory of sllch and such a king, somuch qn.ntity
of gold was taken as a loan, for the repayment of that, a demand was
not m.de by me npto sach and such a time out of regard for his
friendship; or W'IS dsmanded in the last year, &c., tbus, containing 5
tbese and like recitals comes to be the body of tbe written complaint to tbe
king. But there, 'you owe me a hundred of gold, you baving obtained from
me as much amount as a loan', is the body of tba Plaint, 'You shonld
give', is the expression of tbe ralief, while the rest is useful for a decision.
Thus, where n. much portion of the complaint becomes established, so 10
much should be stated by the Plaintiff in tbe plaint, and ba cansed to be
written by the king, otherwise it should be noted that there may be the
fault of an undisclosed proof. The magnitude of the amount us also an
excessive cause of trouble may also b8 included in addition. In regard to
that also, justice which is asked for, must be included in the first 15
information.
, By the plaintiff '-this is where it is pOBsible. When, however, he
is not available, says Narada
'
: "Hone be daputed by the claimant, or
chosen as his repreBentative by the defendent, he for whom he speaks,
of those shall bo the victory or defeat. (22). He, who is not either the 20
brother, the father, or the Bon, nor is one acting under an order or
authority of another, and speaks for him, deserves punishment; aB does
he who makes contradictory statements in judiciol proceedings." (23).
B,haspati': "For persons of immature intellect, for the dull, the
intoxicated, the old, the women and for perBons suffering from a 25
disease, ODe may depose for a plaint or an answer, even though the man
may not have been appointed."
In some cases, however, Rat yay ana' prohibits an agent thus:
"In accusations for Bralfmicide, drunkenness, theft, sexual intercourBe
with tbe prece ptor's wife, a repreBentative is not allowed, and even in 30
similar other accusationB such as, for homicide, theft, crim. con. with
others' wives, eotiog the uneatable, as also abduction and despoiling
of a maiden; for abuse, false measures, similarly for hatred against the
king, representative must not be permitted to be given; the Actor
must plead inperBon." 35
The duties preceding the plaint" either of the king, or of the
Oomplainant, being too well known in other Smrtis have not been stated
1. Ink, Oh. II. 22-23.
3. Verses 93,94,95,
2. Oh II: 34.
658
Vlramitrodnya-1YllOJIl. OllC may, MId 1llay 110&, arrest.
[
Y djitavaZkya
Verse G.
by the Author of thiB work. e.g., says Katyayana', "When a
party is in possession of a thing seized by him, "' trial shonld not be
Btarted by the king; it should either be restored t.o him. or it Bhould be
deposited with a t,hird party." And Narada': "One who absconds wben
5 the cause is t,o proceed, who ciisreg "ds the plaintiff's words, snch a
dsfendant the plaintiff may arreBt, pending the summnns being
Berved (47). If one nrrested at a time prnper for arrestB, transgreBses
hiB arrest, he Bhould be punished. One who, in causing au arrest, acts
improperly shall be liable to punishment" (51). AlBa," Ooe arreBted
10 while crossing a river, or in a forest, or in Il. bad country, or during !l
gre.t calamity, or while in similar prediCl,meots, commits nO f"ult by
tranBgreBBing his arrest." (49). So, "One about to marry, ooe oppreBBed
by a diseaBe, one abnut to perform a Bacrifice, one all:licted by B calamity,
as also one who is Rccused undor the law, as also OnB engaged in Bowing
15 operations (52). CowherdB engaged in tending cattle, cultivators in the
act of gatheriug the crops, artiBans alBo during the period while engaged
in their occupatioue, and warriorB during warfare (53). One who has
not yet arrived at Yfmrs of' disoretion; 0. messenger, one about to give
alms, one engaged in 0. vow; those in difficulties 0.150, mnst not be
20 arreBted, nor should the king summon them" (54).
Here, the excellence of the Plaint is ' brief in word" but ricb in
meaning' aB Btated by Brllaspati' and otberB.
Of the faults, such aB Btated io tbe text': "Impossible, fauny,
meaninglesB, cauBeless" and the like, and their absellce has been
25 indicated by the prefix a,l in the eXprs,sion iJ,-vcditam, 'alleged '; these,
moreover, through fea.r of swelling the treatise are not being
expanded here.
Plaintiff, however, mUBt not depo,s controry to his firBt informa-
tion, as Bays Brhaspati: "That matter, morenver, which one alleges, one
30 must not change iu form; nor sbould he resort to anot.her alternative;
if he rSBorts, he is (deemed to be) defeated in regard to the first."
Before, however, the invBstigu.tion commences, there is no 1038 t,o the
plaintiff deposing more or leBs. That says Narada': "Befors the
anBwer to the plaint has been tendered by the defendant, the plaintiff
35 may amend his own statements 80 long as there is no sight of the
1. Verse 120.
3. See Oh. III. 6.
5. Oh. II. 7.
2. n. 47,49-54.
4. OJ Katyayana Vers. 140.
Ydjilavulkya. ] Viramitrodaya .... Sulapll.ni-No change after the Answer is filed. 659
Verse O.
. .
answer. Of one who has been blocked by an answer, all writing ceases".
Here the wore! answer is u<eJ in the sense of the commencement of the
investigation vide the text of B,haspati' : "When both parties have
submitted their statements in writing and the investigation of the truth
has commencej, ha who deposes thera improperly does not lose the 5
point. When the answer to the plaint has been filad and the investiga.
tion has been entered upon, the statements of ths disputants in that
proceeding are purified", so says Bh,gu. "If through inr.tuity, or
through cunning, a statement is not made by the l'laintiff, but ia offarad
in the midst of the answar, that may be accepted for both'. What is 10
heard, written and also purified and considered."
Ragarding purification says Vy';:sa: "With a white chalk on
a board, and in the absence of a board, on the ground, one sbould write;
nnd after revising any defect or superfluity, it should thereafter be entered
in the paper." For tha falsification of record, Katyayana
4
states B 15
punishment. "Ona who writes anything else than what is stated by the
plaintiff or by the defendant, the king following the law should punish
such a one as a thiel." (6).
S'ulapal1i
'Of four fest is this Judioial Proceeding " so the Author will state 20
hereafter; of that the first, of the foot dealing with the :Plaint, the Author
states
Yajoavalkya, Verse 6.
Of a Plaiut the substance of which is known can alone a reply be
possible; therefore, in the presence of the opponent, the plaint ehould be
caused to be written. 'One when asked, must state the Plaint,' so it has 25
been stated. In the plaiut should be written the year, the mouth &c. Iu the
expression 'caste &c. " by et cetera are to be taken, U the point at issue,
similar' objects, the quantity, and similarly one's name" specified in
another Sm,ti'.
1. tr i'ffll'f'if '[fl1-;;-It appea.rs, there is a in this quotation. The
Sm,ti-Chaudrika (p. 48, L. 13) cite. this text as of Katyayana, where the
rea.ding is trllffr. nir. Kane's COlllpillltion of Katyayana also gives the
same reading, See verse 206, p. 29.
2. i,()" by the process of 3wnrr and rlqfq- referred to in the nHtakshara
under the text cited ill Vil'amitl'odallaj and S'ulapatp.i, who cites the of
](atyayanaj p. 131. see also the text of Vyasn. further on at 1. 12.
3. Katyfi.yana 193. This text is cited as the text of Brhaspati in Smrti
Ohandrika, and the 2nd half is '1: iil>j) <rrr.<! (h. 49, 122).
4. Verae 132.
5. i. c. of Katyayaa-a, Verse 125) where the reading is B"H:!t'lPflof
'II'! <fl[[iW[: I
660
5ulapiinl_Bighl to begt/l.
[
yaJuavalkya.
VerHe 7 (1),
VVho will have the position of a plaintiff '/ ;'So Narada
'
says,
uHa who has had greater trouble, 01' whose is of greater magnitude,
to him should be given the right to begin as a plaintiff, and not the one
(necessarily) who lodges the information first." Brhaspati2 states the
5 characteristics of a Plaint: "They know a plaint to have five points, viz.
free from the faults regarding a declaration, with the point which is
susceptible of proof, accompanied by good arguments, precise, and well-
established' among the people. (6). Brief in wads, rich in meaning,
absolutely free from ambiguity and confusion, devoid of conflicting
10 argnments, and capable of meecing the opponent's arguments."
states a spacial rule: "The Judge should cause t.o be
written the first information as ol'igillally deposed on a board with a white
chalk, and then on a parchment after it is corrected." (6).
Thus after the plaintiff's revised complaint has been written
15 down upon paper, what should be done? so the Author says
Yajilavalkya, Verses 7 (1).
Of the defendant, who has heard the plaint, the
answer should be taken down in writing, in the presence of
the plaintiff or the complainant. 7 (I).
20 :-S'rutartha i. e. the dqfendant-is one by
whom the substance of the plaint haB been hem'd,
The Answer. S'ruto; of that the answer. It is caned the
answer or replication because it appears after the
plaintiff's complaint. Le'khyam. should be ta1cen down in writing,
25 i. e. should be reduced to writing.
In the presence of Sanl1idhau, of the first in/ormant, purva-
ve'dakasya, the plaintiff i. B. near him. An answer is that which
is a refutation of the complaint of the plaintiff. As has been said' :
1. Nat found in Narada, but this is cited as f1 text of Katyayanll,
(V. 122) in orn:['li- and other work,.
2. Oh. III. Vene, 5, G, cited in Raghunandann p. 12 (.Tolly).
3. liilq;f\ii '9.
4. Verse 125.
6. By Prajapati. See SIDfbichandrika p. 42. I. 30.
Ydjilat1alkya J.
V,," 7 (1)
of an a7lBWCTS.
"Men versed in law consider that an answer, which covers (the points
raised in) the plaint, is concise, nnambignouH, not inconsistent, and is
easily intelligible withont an explanation." Which
" P. 7. covers the points in the plaint i. e. is capable or
refnting it. Concise i. e. accJrding to ( thB rules 5
of) jnstice, not inconsistent with jnstice. Unambiguous i. e. free from
doubt. Not inconsistent i. e. not contradicting statements made
before and after. Not intelligible without an e.vplanation, i. e. the
meaning of which requires an explanation on account of the use or
obscure words, or on account of the implication or express use or 10
cases and compounds (which are) difficnlt to split up, or by reason of the
use of expressions (cnrrent only) in the language of foreign countries.
That which is not so tainted is called a proper answer.
P. 7. L. 4. That, moreover, is four-fold viz. admis"
sion, denial, confession and avoidance, and former 15
Fourfold answer. judgment or res judicata. As says Katyayana.'
"An answer is fourfold viz. by pleading the truth
or the falsehood (of the plaint), or by setting np a special plea, or a
decision in a former judicial proceeding." Of these an example of
the answer by admission, Sampratipattiz', may be found in the case 20
where the defendant, being charged by the plaintiff that he owed a
100 rnpees, replies by saying "yes, I do owe (the amount)." As is
said
2
: "It (i. e. an Bmwer) is called an admission, when the truth of the
point at issue is admitted." An answer by denial, li1ithyfl, is on the
other hand made by saying, "I do not owe (the amouut)." So also 2.'j
Katyayana
3
: IE the defendant give a denial to the claim made, that
(answer) is known in law as a denial. "
Snch a denial moreover is of foUl' kinds: as e. g. 'This is
false', 'I do not know at all', 'I was not present
Four kinds of there at the time (of the transaction)' and 'I was 30
denial. not born at the time '; thns fondold is an
answer by denial'.
1. Verse 165. 2. by K&ty.yana Verse 168.
3. Verse 187.
4. Ndroda Oh. II. 5; ALso Katy6.yana 169.
662
[
YdjfiavuU.y!l,
Vm, 7 (1)
Tbe (answer by) conEession and avoidance, Pratyawaskanaanarn,
is, e.g. tbus: "true it is tbat I received, but I returned
P. 7. L. n. it, or obtained it as a giEt." As Bays Narada,'
"IE a deEendant, admitting plaintiff's written
5 allegations, sets up a plea, tbot is called a c)nfession and avoidance."
Tbe (answer by a) former judgment, Prftl.1Ilyftyam, or Res Judicata
would be wbere tbe deEendant wonld speak thus, 'I was sned by bim
on this cmse oE action, and in that suit he was defeated in a trial at
Jaw'. It has also heen said hy Katyayana': "IE a person, though
10 defeated by the customary procedure, again files a written complaint'
tbe answer to him would be, 'you were defeated formerly;' thiR
is called the plea of former judgment."
Tbe characteristics oE a propel' answer having thus been
established, the viciousness of those answers which
15 P. 7. L. 17. are without the charactaristics of a proper cuswer,
but which bear the resemblance oE au answer, is
selEevident. This bas also been made clear iu another Smriti'
"That answer which is dubious, departs from the point at issue, is
either too short or too long as compared with the paint at issue,
20 covering only a portion of the claim, [lnd is of the like sort, cannot be
called a proper auswer. An answer which is irrelevant, incomplete,
oE concealed import, nnd is inconsistent, as also that which can be
uuderstood by un explanation (only), and which is unreasonahle, is
not an which will establish tb. plea set up". Of these:
25 Sandigdharn, ' a dubious answer' is B. g. where it is alleged that
de[eudaut borrowed 100 gold coins, the defendant auswers' yes,
I did borrow (something) but (I am) not certain whether
IuD gold coins or 100 Departs from the
point at issue,' as where in a suit for 100 gold coius, the defendent
30 auswers' I owe 100 pa1!as '. Atyalpam, 'Too small,' as where in a
a snit for 100 gold cains, the answer is 'lowe five.' Atibkliri, 'Too
large,' as where in a suit for 100 gold coins, the defendant answers
1. Of. KatyfLYfllla 170.
2. Verse171.
3. Of. KoltydYflua 174, 175.
4. A gold measure, lo,lh part of " qOj. "'fIlii fii.rf;'rFriii >iI'l:
Q[t",'l1'ifFr: ".
YdjfiavalkyaJ
VerBes 7 (1).
MIW{Sbnra-Defec!, 'mplaincd.
663
'lowe two huudred'. Covering only a part
of the claim, as where in a suit for (recovering) gold, clothes, &c., the
defendant auswers-' only gold was recovered, nothing else '.
Vyastapadam, Irrelevant, as iu a suit for recovery of debts,
defendsnt answers with reference to an entirely different matter, as, 5
e.g., in a suit for recovering 100 gold coins, defendant answers-
'I have beeu beaten by him'. Avyfipi, Incomplete, z. e., not
covering the particulars of the country, place, &c., as, e.g., where it is
alleged. 'He hes deprived me of my field to the east of Wadir;t.si
iu the Central Provinces, defendant answers.' "Yes, I bave 10
deprived him of a field" Nigl1dMrthctm, Of aoncealed import, e.g.,
in a suit for 100 gold coins, defeudant retorts thus 'what I Is it
I alone who owe anything to him?' Here by this dubious statement,
it is implied that either the Chief Judge, or a Councillor, or the
plaintiff is in the position of a debtor to some one else and thus the 15
statement has a concealed import. AMlam, Inconsistent, i.e.,
Contradictory having regard to the statements made hefore and after;
as in a suit instituted for 100 gold coins, defendant answers, 'yes
I did receive tbe amount, but 1 do not owe it.' VyaTchyagamyam,
Requiring emplanation, i.e., intelligible by the help of explanations 20
required
1
by reason of the implication or express use of cases and
compounds (which are) difficult to split up, or by reason of the use
of expressions current in the language of foreign countries. As for
example, in a suit for 100 gold coins due under a paternal debt the
defendent answers: 'As for the expression grihita-sata (a bundred 2 i
1. This hilS been given as on instance of the' Implication or express
use of caseB and co.mpounds (which are) difficult to split up
aqral;<rI;rI,nB'fI'l). Here, the answer of the defend.nb is cap.ble of a two-fold
interpretation-
(1) From tho Defendant's side ib may be said, 'even supposing the
expression grikita-s'atasya meaDS that my father had received a hundred
coins, I do see its connection with gold.'
(2) The plaintiff on the other h!1ud, or eveD, the might read
ill the defendant's answer, (aD admi"sion of the receipt of 100 gold coins
by the father.'
And lasHy, the fact that the answer is capable of an interpretation
either way as stated above is 'in itself an evidence of (n 'a compound
difficult to be split up!; another reading is faull;y.
5 .'
664
MitakshElrfi-i1limtuTc vf pleas.
[
YaJnavalklla
rrero8 7 (1.)
5
10
15
having been accepted), I do not know its connection with gold coins
and my father.' Here, the real meaning (of the defendant's answer)
is this: " As for (the expression grihita-s atasya pitU(l) my father
having accepted a hnndred coins, I am not aWare of his having
received gold coins" Asaram,' Ullreasonable, i.e., opposed to reason.
As in a snit alleging' he borrowed 100 gold coins at interest, bnt did
not the principal,' the answer is' Tl'l1e, I have paid the interest, bnt
not receive the principal.'
By the use of the word 'answer' in the singular number, a
" Page 8.
combination of answers is excluded. As says
Katy ayana,z-" That which admits part of the
claim as trne, sets up a special pleaS to another
part, and makes a denial of a third, is regarded as no answer on
account of the mixture (of several pleas)." The same Author' thus
explains the reason why (n statement) is regarded as no answer:
"In one 8uit, the bnrden of proof caunot Jie:on two litigants, nor can
both obtain judgment, nor can two proofs be adduced simultaneously
in one BUit." In a combination of the answer by denial and by special
exception it is incumbent both on the plaintiff and the defendant to
:10 adduce evid.ence, as has been said: "In the case of a denial,' the
proof rests on the plaintiff, while in a special plea, on the defendant."
The proof by both in one transaction is contradictory.
As for instance where the allegation is, "he has taken gold and
100 rupees", and the answer is "gold was not taken, 100 rupees
were taken, but were returned." In a combination of the pleas of
special exception and former judgment, the defendant alone has to
adduce evidence. " In the combined plea of former judgment and
special exception, the defendant must exhibit proaL" As where the
so
charge is that gold lYas borrowed and it is met by an answer that it
was retnrned, . and also that the plaintiff was defeated by a judicial
trilll with regard to silver. Here the former judgment should be
proved either by (prodncing) the decree itself, or by the evidence of
1. liatyayit17.a illustrates thus:
'lil'P," 'l"l[ ii1 ur.i[ ","'''lll'?" I 3Tijl,fqlif U"l1l' iil'O\{ii&1fit I
:!. VerBe-189.
3. Oorrespond to tho plening, in Engligh law 01 QC01ifo8sioual1davoidrmcll.,j
.1. Verse 190.
5. nalambh.tj;i P. L. 19.
Ydjilavalltlla ]
VorDe.7 (1).
in a (Jombmatioll of pleas.
those who gave (or were present at) the former judgment, while II
plea of special exception should be proved by witnesses, documents,
&c. Thus there is an opposition between the pleas of res judicata and
special exception.
665
The same would be the view in the case of a combination oE 5
three pleas in an answer. As, e.g., where it is alleged 'he (the
deEendent) borrowed II hundred gold coins, II hundred rupees, and
also clothes, the defendant answers "True, gold was borrowed, but
it was returned; the hundred rnpees were not taken at all; and as
regards clothes, he has already been defeated in a former judgment." 10
So also in the case of a combination of four pleas.
These mixed pleas constitute vicious answers when set up
simultaneously, each particular plea not being
P. S, L. 12. likely to be established without its particular
proof; but when taken separately they are good 15
answers. The order is to be determined according to the will of the
plaintiff, the defendant, and the councillors.
When, however, there is a combination of two, that plea,
which contains the most important point should be taken up for proof
first, and the suit should proceed; the minor plea should be 20
taken up afterwards and the trial determiued. Where there is a
combiuation of (the plea of) admission and another piea in answer,
the suit should be tried by taking up the other plea (for proof); for a
plea of admission there being no (necessity of) proof].
As Harita. after observing: 'If a denial and a special 25
exception should occur together, and if the plea of admission. be made
with any other, which of these should be accepted as an answer?"
has remarked: "In such a case, that which contains the most
important point or which is conducive of proof, is to be cansidered
as an unmixed answer; any other answer becomes otherwise;" 30
i. e it becomes a mixed answer.
The meaning is that the order in which such mixed pleas are
taken up for determination depends on choice by regard to the plea
1. It being imposslble to both the pleas
!
666
I\iltn.ksltorn..-1'he same illzuJtratcd.
[
Yci.iilUvaUcya
VeT" 7 (1),
that survives last. Of these, the plea containing the important point
occurs, as eg, where in a snit it is alleged that "the deEendnnt borrowed
gold, one hnndred rnpees, and also clothes" and the answer ie, "Trne the
gold was taken, but one hundred rupees were not taken, and as for the
.J clothes, they were taken, hut were retul'ued." Here the answer by
denial being the important plea, the trial should proceed after taking
plaintiff's evidence. Then the trial shonld proceed with reEerence to
the clothes. The S8me order should be followed in the combinations
of denial and previons judgment, or oE special plea and previous
10 judgment. Moreover, in the same suit, where the auswer is " True,
I received the gold and the hundred rnpees, (but) I will repay (them);
the clothes however, were not received, or having been received, were
given back; or that he (the deEendant) was deEeated formerly in
15
.20
30
35
regard to the clothcs"; in such a case although the admissiou is the
most important point, there being no necessity oE evidence for it,
the trial should proceed aEter taking evidence on the plea of denial &c.
Wherc, however, the denial and special plea cover the whole point, as
e. g. where the plaintiff identiEying his cow by the horns, says "This
is my cow, ( it ) was lost at a particular time, and was seen today in
this man's house "; while the defendant says: "This is false, the
cow has been in my house even before the time mentioned by him
(plaintiff), or it was horn in my house." It cannot be said that this
is not an answer, as it is competent to meet the point in dispute, nor
can it be a simple denial, as a special plea has been introduced. Nor,
there being no admission of a portion of the plaintiff's case, is it a
Epecial plea. Therefore this is an linswer by denial coupled with a
special exception. Here defendant has to adduce evidence, on account
of the text' "the burden is on the defendant, in (the case of) a special
t
' "
excep Ion.
It may be
P. S. L. 31.
asked, under the text': "In a denial, the evidence
should be led by the plaintiff" why does not the
burden (in the above case) lie npon the plaintiff ?
The anBwer is that the text applies to a pure
denial. Then it is asked why should not the text' "In II
special exception, the burden is on the defendant" be made
likewise applicable only to a simple plea of special exception"? the
Ydjnavalkya ]
V,,"7(1),
MtUksbarA-Simultancous proof by both not allowed.
llnswer is, "no, this cannot be; every plea of special exception
necessarily involves a denial; and thereEore a special exception pure
and simple can never occur."
As the well known plea oE special exception contains an
667
admission of a portion of the plaintiff's case, there 5
'0 P. 9. is a denial oE the rest. As e.g." True, I did
receive a hnndred rupees, but I do Dot owe
(the amount) now, as I have repaid it. " In this example the
particular point to be noted is, that there is no admissiou oE a
portion of the plaintiff's case. This moreover has been clearly laid 10
down by Barita :-" Of the two answers viz. of denial and special
exception, the special exception should be accepted (as an ans wer)."
Where the pleas oE denial and previous jndgment cover the
(whole) point at issue-as e.g. in the allegation, "He owes a hundred
rupees to me" the answer is: " This is false; he (the plaintiff) has been 15
deEeated formerly on this point"; there also the burden oE prooE is
on the defendant, on account of the text" "When res j!!dicata and
special exception are set np as a combined plea the defendant should
exhibit proof." Because, the plea of a former judgment pure and
simple can never occur, and (therefore) it might be said that the plea 20
is no answer, likewise, the plea of admission is a good answer
(precisely) hecause, it meets the point at issue by admitting as
established the claim which in the plaint was stated as the matter to
be established.
Where, however, there is a combination of a special plea 25
and previous judgment, as e.g. when charged with having received
a hundred, the defendant answers, "True, it was received, but it
was returned, and, moreover, he (the plaintiff) has been defeated
before on this very canse oE action", in such a CBse, proo E will be
exhibited (in the order determined) according to the deEendant's 30
choice. Then the result is, thllt a double prooE in one sui t by the
plaintiff and the deEendant should not he allowed.
Viramitrodaya,
When the nature of the com plaint' has thus been reduced to
writing by the king, I.he Author procse!a to atats the function of the 35
1. Of Vyiisa.
Gfi8
Vlramitrodnya-ProctldnTilfor a,l AlIIlWI:r,
r
Ydjilavaalkya.
I- Varlle 7 ( 1 ).
king in regard to the second po,t of the ,indical prooeedillg in tho form of
the answer of the defendant
Yaiijava1kya, Verse 7 (1)
8'ruto, 'heard i. c. properly comprehended, a,tlldh, 'plaint',
ii S'l'llta,tham, having heard the statement in the plaint in connection
with that, Uttal'am, 'the anBwer', thB act of the Defendant,
PU1'v!lvedalla8'1a, ' of the firBt informant' i. e. of' tUB plaintilf, sannidhan,
'in the presenoe of', by the king should bl1 caus811 to be written.
By the USB nf the expression 4,'uldrtha 'one who hOB heard the
10 substooce of' the plaint', ill the case of defecUve plaint such as
'although separated from me, he should pay me the wea1t.h acquired
by him from the acquisitions' ond the like for"" it should be under-
stood t.hat even lIithout an answer there is sneeess. Thus, aHer the
plaint is written, the Defendant ehould, in the presence of the plaintiff'
If)' state his answer; "which soould be such as wonld cover the points in
tbe pll1int, concise, nn'mbignous, not inconsistent, and should not be
Rnch as would not be intelligible without an ex planation; men versed
in law cnDsider that a (trne) answer," thus characterised by N.;rada.
1
It is thus established that. thereafter the ldng ehould cause the answer
:20 to be written. As in caee of the plaint, so the faults of an answer also
may be deducted from the 8mrii8.
Moreover, for filing the reply, time sbould be given to the
Defendant. That Katyayana' has stated t.hus: "If' after hearing
the claim in the plaint while it is being' written, the Defendant
:35 asks for time for some reason, that should he given to him (145).
Immediately, or one, five or three days according to the magnitude or
littleness, should he get; and three fortnights or a week in suits for
debts and the like. (146). For recent tronsact.ions, (the reply must
be made) at once; where a month has passed, a day should be given;
where six yeal'e have passed, three days; and seven days, where it is
of twelve years' duration. (154) For one twe.oty years old, ten
days, or half of a month; a month for one of thirty years, or three
fortnights at the utmost (155). After hllving ascertained the period
and the capacity and the importance or triviality of the transaction, t.he
1. Verses 145158.
2. This text hae also been cited by the ilfitaklhara, gener.Uy. In the
Apm-al.:a it is assigned to Narada, while the Smrti Gha1idrilm cites it as of
Prajapati, Bee p. 42, L. :30. The printed 8mrti of Narada, however, doe,
not contain this verse.
3. The other rending is f9"'4 I The reading in the text iN
.

Vcrse 7 (1).
J
Eilla claimani.
669
Authority should grant time to the Defendant. Also what the Author
will st.te hereafter, that ie stated to be the additional time. (147)
Vyasa,l: "If at that time there occur no fault indicated by the
acts of the king or divine agency, by merely giving up time, he does
not become defeated. If tbe fault be dne to acts of the king nr of God, "
he shoutd establish (bis case) by means of witnesses; bnt if he resorts
to begging,' he should be punished and ehould be compelled to pay
the amonnt. "
The plaintiff, however, does not get time for the formulation of
the plaint. So s"ye Kfityfiyana",: "Since the commencement of the 10
litigation was rosolved upon by him after" long deliberation, therefore
he must not get time; one who is proceeded against, shonld, however
get time."
To this BFhaspati mentions an exception:-"If the plaintiff owing
to immaturity, is not able to declare, then timo ehould be given hy regard 15
to the transaction and the capacity". When, however, the defendant
without the existence of c'uses prescribed by the S'ast"''" , . does not
adduce an answer, then he is (deemed to be) defeated, vide the text' :
"One who alters his former statement, one who shnns tbe jUdicial
proceeding, one who does not put in an appearance, one who makes no 20
reply, and one wbo afLer be is summoned runs away; these are stated
to he the five varieties of a faulty (hlna) claimant "; a8 also under the
text': "To the plaint when stated, if one does not give a proper answer,
after tbe la pse of seven nigbts be becomes defeated, and deserves pellalty."
That Mswer, moreover, is of four kinds as mys Katyayana': 25
"Pleading the trllth, or the falsehood (of the plaint),: setting up a
special plea, or a decision in a former judicial proceeding; thus, the
answer is fonr-fold". Vyasa': "Admitting the truth of the point at
iBBue, is kUOWIl as Admission; giving a raIASOD, (is known) o.s a Bpecial
plea; and declaring it as false (is known) a8 denial". Brhaspati' : "If a :10
1. These text, are alse attributed to Katyayana. See verees
161, 162. There the reading is different; a.s will be found by a comparison of
the two.
2. other, rc!1iling 'through crookedness' is better.
3. VerBe 134. 4. Of. Kfi.tyfi.yana Veree 202.
5. Of. B,JIaspati IV. 4. n. VerselS5.
7. Of. Kil.tyflyaIJa Veree IllS. S. Of. Katyflyana Veree 171.
670
ViramtrodnY8-Pvnr vari{Jti61i v/ AmWfJrd.
[
YdjnavaU"ytt
v,'" 7 (1).
person, though defeated by the customary procedure, again files a
written complaint, the answer to him would be 'yon were defeated
formerly'; thi, is called the plea of' former judgment '.
Here, the first, being in the form of an admission of an established
5 filet which becomes the means of proof, is a good answer. It is not that
thus the defendant iB restricted' becau,e in this investigation about a
fact, it is inadmissible "B a restrictive foctor.
The answer by denial is, moreover, fonr-fold; so says Vyasa'
" 'This is false '; 'I do not know', 'I was not prS3snt at the time,S
10 and' I Was not born at the time'; thus the answer by denial is of four
varieties. "
Iii
:1.0
30
:J5
Here by saying' this is false " 'I do not know', and by making
similar defences, there is a denial or concealment of the fact itself; by the
answer 'I do not know', by pleading the non.remembering of the
essential fact, it is intonded to maintain its absolute non-existence; to the
allegation iu the plaint 'yon took t.his loan in ViJ,nLl;tasi,' the answer
being
J
'I was Dot in Vtl.ral).[Lsi , '; to the allegation, 'you obtained
twenty-five years ago, ' the ungwer being' Indeed, I was not born at
the time " tblls by a series of allegations and refutations indicating the
meaning; in an allegation, 'by your father was '" hundred of gold
t.ken " the anBwer that 'I do not kuow', is an assertion and a
refutation, and oat an answer 'by denial.'
It sbould not, however, be supposed that thUB there being an
absence of an answer (as such), there should be a snccess for the
plaintill', as all circllmventions are necsss"rily to be disposed of by a
judicial trial according to law, and tbere theee are admissible ae
means of proof by the deponent. Hence it is that in the case of
an overt eale (the plea of) non-delivery as a gift by the owner' bas also to
be weighed. Here, therefore, the non-proof of the fact in issue is the
fault in the plaiat.
Tbe anslVef by 'It specinl plea' i8, moreover, threefold by regard
to the clluse of action alleged in the plaillt, it may be ' more strong',
'equa.l in strength' or 'less strong '.
There, the first is ae, e.g" to ths allegation, 'Yon obtained a
hundred from me' the answer is 'yeB, but it was paid off.' Here the
centml point of the absence of proof of non-payment not being pressed,
1. i. D. pr.::vented from proceeding further on.
2. Also Kll.tyn.YfLllI1
1
Verse 109.
3. i. c. the time of the alleged transaction,
4. ;:nfc".fi-Thl.:l owner of the thing which wa:l supposed to be lost.
Y cijnavalkya J
Yersc 7 (1).
Virnmltrodayfl-iJ{izcd pleas.
671
Don-proof is the fault in the plaint. This is also called a counter-plea,
PratyavaBl,andana, vide this text of BrhaspatP: "If a defendant,
while Ii'imitting plaintiff's written allegotions sets up " plea, that is
called a confession and avoidance".
The S6cond,s o.s in II plaint that 'this laud is mine as it has come 5
to me in BUl!CBSsiv6 generations' the same is the answer. This,
moreover, is in reference to a va.lid plea in defence.
The third as in Ii plaint that 'this land is ruine, as commencing
from such a period it hOB been mortgaged with me by the own er,' the
answer is 'commencing from five years ago, that has been mortgaged 10
with me by him in the finh yoar'; this also is in reference to a valid
plea. From the text
3
"In transactions of mortgage, gifts, and Balss,
the prior is more powerful". Here also, for dispelling frail I, proof, &c.,
has to be adduced.
The answer ora. 'former decision' is, however, in this form, viz., ]5
"In regard to this c a U ~ of action, he has been conquered by me",
ond the like.
Here KiLtyayana' :-" That which atimits part of the claim as
true, sets up a special plea to anottler part, and makes a denial of a third,
is regarded as no answer ou account of the mixture (of pleas)". 20
There, some explain tue meaning of the text thus: In a claim for a
hundred taken, 'lowe fifty certainly, twenty five hag been paid off,
and tWdnty-five was not taken " and the like is no (proper) answer, and
hence aleo "In one 8uit, tbe burdeu of pruof cannot liB on both
litigants, nor can both obtain judgment, nOr can two proofs be adduced 25
siruultaneou,ly in one suit" tbis texL' bscomes consistent.
Some say that the aforestated mixed answer is admissible, and
that therefore all that holds good. Tbat is not proper. Not that snch a
snbject matter itBelf is not possible, o.S it is geuerally seBn ; nOr that such
an answer must not bB given, it being impossible to prevent the tendering 30
of an ,anBwer ba.sed aB on fncts; nor is it that in such an answer
defeat alone will follow. In" dispute the answer which challenges an
1. Vijnantlswarn. assigns this text to Nfirada. See text p. 7. 1. 12
Tr. p. 661. It i, not fouod in the 'Extracts from B,ha'pati' published by
Dr. Jolly, 8. B. E., Vol. XXXIII.
2. i. c. ttlB tlq", the "cond vari,ty of a "'!lcJl'iii.
3. Yiij5avalkya II. 25.
4. Verse 189.
5. Of. Katyuyana Vers, 190.
6
672
Mitfl.i<shnrfi.-Exhibiti,olt of Gvi,dL!1ICC.
[
Yii;iiatJallcya
Verss 7 (0).
eath, and IIlso consists of " denial, that has the illusive appearance
on acconnt of the comhination. This is tlle mAnning of tlle sentence. The
rest, as 8.1BO the expression 'in one part ' twice is a repetition.
Indsed, in snch 1\ case what IvonM be t.he effect of the text 'In
5 oue suit &c. '? The aDswer is: In OllB Buit in 0. simultlloeOl1S
ruunoer, there cnnnot be ("dlluced) evidence by both; this and the like
is its meaning. Or shortly stated, th.,t text is inteudeii to prohibit
evidence by both to be simultaueously ad lnced. 7 (l).
After the written answer is thus filed, the establishment of
10 the point Ilt issue being dependant on the m0aus or proof, it
may be asked who sbould exhibit the proof? Anticipating this the
Auth01' says
yaj:i1.avalkya, Verse 7(2).
Next, the :plaintiff should immedi.ately have written
15 down the evidence by means of which the matter in dispute
(or alleged) is (:proposed) to be established, 7(2).
:-Tataj1, ater the answer; arthi, the
Plaintiff, one who has to gain a point; sadyaj1, immediately, even
immediately after; lekhayet, should have written down. What has
20 been sworn to in the complaint and is to be established is the
Pratij:i1.1Wi,rtha, the matter in dispute. Q[ that the sadhana,
means oj prooj, i,e, that by wbich the matter is to be established,
i.e., the measure (of prooE). Here, by saying (the plaintiff) , should
have immediately written down', it is implied that some delay is
25 allowed in statiug the answer. That, moreover, will be discussed
in detail later on.
By saying that 'the plaintiff should have written down
evidence for proving the point at issne' it is
P. 9 L. 15. meant that the party who has to gain the point
30 shonld have writteu down the meaus of proof oE
the point at issue. Therefore, in an answer where a previolls
judgment is pleaded, the previons judgment itself being required to
be proved, the defendant himself is regarded aB the plaintiff, and
so he himselE should have his mesus of proof written down. So aleo
55 in an answer containing a plea, tbe special plea itself being
Ydjnavalltya ]
Verse 7 (2).
of proof.
required to be proved, he who sets up the special plea, himself comes
to be (in the position oE) the plaintiff, so he should have the proof
written. Iu a denial, however, the original complainant is himself
the plaintiff, and he should exhibit the means oE bis prooE.
673
By saying: "Next the plaintiff should have written down, &c." 5
it is intended to be laid down that the plaintiff
P. 9, L. 19. himself should cause the prooE written, and none
else. And, hence also, in the case of an answer
by admission there being no point at iS5l1e, neither the complainant
nor the defendant being in the position oE a pllintifl', there is no 10
indication oE the means oE prooE, and thus. it follows, that the trial
comes to an end at that very stage. This very rule has beeu clearly
stated by Ha.rita. :-" In an answer containing the combined pleas of
former judgment and special exception, the deEendant shonld exhibit
prooE; while in the plea oE denial, the original plaintiff; (but) in the 19
plea by admission, that prooE, i.e., is not necessary at all."
Viramitrodaya
The determioation of the resuH by the king being based on
evidence, and the exhibitioo of that beiug the duty of the plaintiff, in
regard to him, the Author states the third part of the proof 20
Yaj5avalkya, Verse 7 (2)
'next, ' when a propsr answer has been made by the
defendant, and .lso cnused to be written by the kiog; artM 'The
plaintiff', i. e, the put,y who has to establisb the atatement made,
respectively either the plaintiff or the Defendant as the caso may be; 25
pratijfliUasya, , of the point affirmed,' i. e. of the matter duly st.. ted
by oneself, sildhanam 'me.uB of proof' Buch as witnesses, documents, and
the like, himself h.viog set out, should canse to be written through
tbe officers of the king. By the use of tbe word 'immediately,'
is meant that in the mlltter of tbe exhibition nf evideoce, no delay ,honld 30
be caused. Thus says Katyayana
'
: "No lOBS of time should be caused
by the king in the examination or witoesses; great harm might result
from (lapee of) time, in the form of tho turning aWIlY at justice."
That means of proof, moreover, is twofold, buman and divine;
as says B,haspati': "Evidence is declared to be twofold, human and 35
1. Verse 339. 2. Oh. V. 17-18.
674
Viramltrodayn-Kind6 of c'vile1UJ(J.
[
Y dj'fiu'vaZlcya
Vcr" 7 (2),
divine. Each of these is again divided into a number of branches by
sages declaring the principles of law, Witnesses, documents, and
inference, thus human evidence is declared to be threefold, Oommencing
with the balance and ending with the Dharma, thus the divine evidence
5 is declared to be nine-fold."
That evidence, moreover, is the means of proof. This has besn
elBbomtsd above. Such proof, however, is not necessary in an answer
of admission. In regard to other answers, Vyiisa states a rule t,hus: "In
tbe pleas of ,'esjudicata, and that of a special pia., the def'endaut sbould
10 adduce evidence; in tbe answer of a denial, the first deponent (tbe
plaintiff) ; in an admission, one need not prove," Here, by tbe use of
the word' special plea', is intended to .tllte a stronger raason, as tba
Antbor will state
l
further on: "It' I;he first claim be inv.lidated, then
those of the next claimant should be examined." Katyayana': "If
15 after the plea of admission, a spacial pIe. is set up, und if it is stronger,
then the case of'the defendant must be proved; in the absence of that,
tho other is deemed to be established'." Tbe call,e of the debt viz. the
acceptance of the loan, as alleged before by the plaintiff being admitted
i.e. accepted, another stronger reason, such as payment back and tbe like,
20 if it is set up in the defendant's statement, tban that is to be established,
and not the other, by raa80n of the rule of equal and lesn force. This
is the meaning.
In a plea of denial, however, the burden of proof by this-worldlj'
evidence is on t,he plaintiff; while of the divine evidence in the form of
an ordeal, oath, or both, on the defendant bimself: "No one should
compel the complainltnt into an ord"l; to the oue who is complained
against should be admioistered an ordeal by thoss wsll-vsrsed in the
(rules 's to) ordeals," In thiB text', in the first half a prohibition against
tbe complainant contained in the first half, tbat kind (of' evidence) is
30 restrioted in the latter half to the psrsnn proceeded against upon the
priociple that "when a fact which is established, is opened out," it
involves a restrictive proof. So says tbe revered Mis'ra. The
Saml'radayikas, bowever, bold that bere, by tbe word complaint is meant
1. Yiijfiavalkya II, 17.
2. Versa 191.
3. 1'f1'1f,t iila'fii(1(; the otber reading is >;!Tclf'ii ~ 'fiR'l.-is establisbed,
and not the other. In the comments on this verse Viramitrodayo. Ilppenrs to
aocept this read.ing.
4. i. 0, humn.n evidence.
5. Of. Katy.yana V orE08 244, 411,
Y d}navalkya]
Verse 7.
S'ulaplloi-The A1i8wers.
675
a regarding BeBult, and like In caee
ofa denial a claim for a debt. etc., they .saythat even the
divine proof is also on the plaintiff. (7)
S'ulapa9i
Yajiiavalkya, Verse 7.
After the defeudant has comprehended the meaning of the plaint, 5
his answer should be caused to be written in the presence of the
deponent of the plaint. Katyayaua' mentions the time for the answer:
uFor transactions of 1'scent occurrence, immediate only is ordained; while
fol' those of duration, the chief authority may give time to the defendant."
The characteristics of an answer and its varieties are stated by 10
Narada
2
: "IvIeD versed in law consider that an answer, which Com-
prehende (the points raised in) the plaint, is concise, unambiguous, not
and is easily intelligible without an explanation."
'Oomprehends' i. e, covers. "A deniaL an admission, setting up a special
plea, also; aud a former decision, are the answers stated tobe four by 15
those versed in the pril1ciples (of law)." "If a defeudant give a denial
to a claim made, that (answer) is known in law as a denial." As says
Brhaspati: "After hearing the plaint, if the defendant admits it, is
called an admission by the scholars of the 8astras. If a defendant, admitting
plaintiff's written allegations, sets up a plea, that is called a confession 20
and avoidance. If a person, though defeated by the customary procedure,
again files a written complaint, the answer would be, 'you were defeated
formerly'; this is called the plea of a former judgment."
After the recording of the answer, one should endeavour to prove it.
So says B.haspati' : "After the first statement and the answer are recorded, 25
and the judicial proceeding has commenced, the two are welded together
like two balls of hot iron. Where there is about the truthfnlness
of the witnesses for both, and the two are in suspense, then as wise men the
two should effect a compromise (while the uncertainty lasts)."
In the absence of a compromise, the rule in the jtext
4
: 'tben 30
plaintiff &0.' prevails, By the word plaintiff,ieach is indicated in regard to
his own side, and is to be so taken. Thereafter, the plaintiff sbould cause
to be recorded the proof of/such witnesses, docnments &C., which are the
means of establishing the point made out in his plaint, and which bave
the characteristic of truthfulness; and not after au interval of time. (7). 35
1. Verse 153.
2. In the Smrtiohandrika this text is cited as of PmJapatij eee
P.42 L. 30: -
3. Dh V. n, 12,
4. Y'j5. II. 7.
676
Mltulc:shal'a-'1
'
hc result.
What next? So the Authol' suys
Yiijiia.va.lkya., Verse 8 (1).
[

Vcrse 8 (1).
If it (the proof) succeed, he obta.ins success;
wise, the reverse i.e, if it do not permit, he fa.ils.
if other-
S (1).
5 Mita;ksha.I'lL :-Ta.sya, of that, Le., of the means of proof
having the characteristics inferable from the several texts to he
mentioned Eurther on, about tbe written documents, witnessess, &c.,
presently to be described, siddha.ll, in the case of iE
accomplished, siddhim, success, in the form of accomplishing the poiut
10 at issne, prapnoti, obtains; ato, other, than this mode, anyatha,
otherwise, the uon-establishment of tbe (means of) proof in any other
manner bringa on, a pnoti, the reve1'se, vipa.rlta.m, i.e., the non-
accomplishment oE the point at issne which is indicative of a defeat.
This is the construction.
15
Viramitrodaya
The Author states the fourth stage, known as the decision of
the point involvsd
YiLjiiavalkya, Verse B (1)
Tasya, 'of that', i. e. of I,he poiot laid out by evidence such 118
20 the witnesses or other means, siddhall
J
'if ost,e.blishe I " i. e. if borne
out, siddhim, ' 'success, 'i.e. victory; auyathd, 'otherwi!l6' i.e. if not
proved, vipa7'itam, 'reverse " Le. DOll-success, apnoti, 'he gets '. This
is the meaning. According] to the Mitak?hara., vipal'ltam, 'reverse'
meanB Mangan<, 'broksn '; that is doubtful. 8(1)
Tbe Author having thus described the nature of n judicial trial
DOW concludes
Yiijiiava.lkya., Verse S (2).
This lega.l procedure is
chara.cter in Ii tiga. tion. S (2) .
.. --_. -,-- -"--
decla.red to be of fom-fold
1. But no ,uch position appears to have been taken by the
MitiLkshar d.
Yaj 1lavallc
y
aJ
Vcrsa 8 (2).
Mitakshari'l-Fout' pal'ts of Vyawakdra.
:-The legal procedure, Vyawaha,ra, referred
to in the text" viz. "A king should hold trials, &c., has thns been
upadarsitap, described, to be of fourfold character, i.e., by
imagining it to consist of fonr parts in litigation; i.e., in the chapters
677
on payment of debts, &c., as consisting of four parts and being of 5
fonr kinds. Of these the first part is ca1led the part relating to the
plaint and begins with the text
2
: "In the presence of the defendant
(the plaint) should be written, &c." The second part is the part
relating to the answer and is introduced by the text
3
: " the answer of
one (i.e., of the defendant) who has heard the plaint shonld be taken 10
down in writing." The third part relates to evidence and proof and
begins with the texl": "Next the plaintiff should cause to be
writteu, &c." Tbe fourth part contains the decision regarding the
proof of the point at issue and is in the texts: "If it (the proof)
succeeds, he obtaius success." ] 5
As is said "Wben disputes regurding their interests arise
between men, tbeir settlement according to rules
" Page 10. laid down in texts is called a Vyavahrira or a
judicial trial. Tbe four divisions of it. viz., the
plaint, the answer, the proDf, and the decision' are laid down in their 20
proper order; hence it is called fourfuld". In an answer by
admission, however, tbe proof is not exhibited, and tbus the point
at issue is not (necessary to be) established (at all), and so it has not
tbe part which contains the means of plOOf. So it bas two parts
only. After the answer is recorded, the decision' of the councillors 25
1. II. ]. p. 632 1. 12. 2. Yiljil . II. 6. see p. 651. 1. 11-15 .bove.
3. II. Bee p. 6tH. 1. 17 .bove. 4. yajil . II. 7. p. 672 1. 13
5. Yiljila. II. 8. Bee p. 6713. 1. 4
6, =a1lIC1p:-q qTlli=:IT iF'rfFr. fl, g. Clfr[;:;IlIClf1[l1ti!l
1:11: =I-J.i:fr crrril"ii'llt;<f: :riff Here tbe tHrt:ffi would
be the mental process deciding the onus by sifting the statements in the
pleadings with the view of discovering
< 1) bow far these statements nre relevllnt to the issue
( 2 ) " " p have a reference to the relief
claimed tfll::t{a'llt!ff'=f,
The opponent says thaf, charo.cterized as above has been recognized
as a distinct stage in reasoning! how is that Y6.jfiyn.valkya does not make it a
678
Vil'amitl"odnya-Pmt!llikalita P{.l.rla.
[
Ydjilavulhva,
VIlT8C 8 (2).
by ascertmmng on whom, between the plaintiff and defendant, the
(onus of) prooE shonld lie has not been mentioned by the
Lord of Yogis (Yiijiiavalk:ya) as a (distinct) part (stage) in a judicial
proceeding. and as it (the decision as to the onus) has no reference to
5 the parties, it has not been mentioned here as a (distinct) part in
a jndicial proceeding. This is as it should be.
Here ends the Chapter on General Rilles oE procedllle.
Viramitrodaya
The Author rounds up the body of Vyawaltam detailed before
10 Yajnavalkya, Verse 8 (2).
'in disputes', such as the rec;)very of debt and the
like, which are the subject matter ior consideration, ayam, 'this', ofthi,',
character, containing th'e plaint etc. and therefore, c1wtu.,ltpfU, 'four-footed'
i.e. having four parts, the meaning of the word Vyawaiujra, has (thus) been
15 pointed out Le. illustrated. The illuBtration is of any vyawailara. Thereby,
"In the case of a denial, it is four-footed, as also in the plea of confession
and avoidance, and in the plea of res judicata; in the pleas of admission it
should be known to be two-fold", tbus in t,hiB text of that
a two footed V?lawa1u21'a bas been mentioned, does not matter mnch.
20 'In admissions' i. e" tbis rule should be so observed als)
in a plaint to which an an SIVer is not possible. Although
even in an (anBwer by) admission, including the decision, there aI'S
three p"ts, still there, for the declaration of a decision there being no
necessity for a separate ,tep, the st.tement t,hat it is two-footed is
25 proper. On (lccount, however, of (}, statement BS to the ignorance of
circumstances on which an answer may be founded, it having receded
from the position of an answer, inclnding also this, it can he regarded
as having four parts. 8 (2).
30
lisre ends the Ohapter on General Rules of Procedure.
S'ulapani.
Yaji'iavulkya, Verse 8,
Upon the evidence adduced being decided to be trne, siddhim,
iaccomplishment' i. e, success, prapnoli, 'he obtains.' In the case other
distinct Pada (section or chaptdr). The author replies in the text
&c. This is the See Smrtichandrika. pp. fiO-54 and note
on p, furthor au. 19<r1,oi '. ,0
1. Qh. III. 3; SBO al,o KlltyayaM, VBrsB 245.
YojiiavalkyaJ
Verses 5, 9 (1)

679
than this, viparitam, 'reverse I i.e., a defeat; this is the meaning. So also
Narada
l
: "The essential part of proceedings at law is declared to be the
plaint; if that is lost, the plaintiff loses; if he can snbetantiate it, then
he succeeds." Ultaro, 'succeeds' i. e. goins it. By the text:' 'in the
presence of the defendant &c.'. A vyawahclm or a judicial proceeding has 5
been stated to consist of four parts, viz., the plaint, the anewer, the evidence,
and the success or defeat in the form of the decision. So also B,haspati:'
"The plaint is called ths (first) paTt; the answer is declared to bs the
second; similarly. the evidence and trial, another; and the decision is
declared to be the fourth. In the case of the denial it consists of four 10
parts; likewise, in the case of the plea of confession and avoidence; the
sams rule applies to ths plea of res judica/a; hut it hae only two parts
in pleas of admission." Although even on a plea of admission a decision
has to be given, still no evidence is to he led or a trial held. and therefore
it is said to be of two parts. Including the added one, it is of foul' parts, eo 15
says Katyayana' : "The plaint, the answer, the deliberation of the judges,
and the part called the trial; by wbich is declared to be of four parts."
The pmtydkaiita' part, the Author will stats hereafter. (8).
Chapter H.
Special Rules of Procedure. 20
Having 80 far laid down tbe mles of procedure applicable to
nil kinds of suits, and wisbing to point out some peculiarities (of
procedure) in some special Buits, tbe Autbor proceeds
Yajnavalkya, Verse 9 (1).
Until the complaint is disposed of, no oounterclaim 25
should be allowed against him (i. e. the complainant).
:-(That) with rete renee to wbicb an accusation
is made is an a bhiyoga-complaint, regarding
Counterclaim. an offence. Until the complaint is disposed of,
anistirya, i.e. removed, ena.m, him. i. e. tbe 30
1. Oh. 1. 6. 2. yajii. II. B. p. 651 above. 3. Oh. III. 2, 3. 4. VOlEe 31.
5. pJ'atyakalita-the deliberation of the judges regarding the burden
or proof. Note the 1011owing observation in Apararka (p. 61. lines.
10-12). an, "f Rl"''ifoa:'! 'if11jfif:
19'<1[{q;lcrrt a-:oq"if, t and this text of
Katyayana is cited thereafter. So also <'{',''!I'!I'liif-
l!1aN'!I: '1',<[ l"-lil ",rr"Til a"fl'l'i%?[,a ( 1
0
q ),
See also subodhini <lI'!:!R''f 1<f'ff\Dll!1'lr'l'loIilt(,1 ( " q. ,0 ).
7
080
[
YdJilaValkya
V"'C D (1-2).
complainant should uot be allowed to be charged with an offence, na
pratyabhiyojayet, '10 coullterclahn .shon1d be allowed.
Although a ' ,peci"l plelt' hns the appearance oE a counter-
claim, still inasmuch as it is intended for removing a chilwe BO'ainst
'--' .. :l 0
5 oneself, it does not come under the present exception. Hence, this
10
prohibition is against that form of counter-charge which is not
intended as an answer to a charge against oneself. This has been
laid down as having reference to the Defendant.
The Author now states the rule as regards the plaintiff
Yajfiavalkya, Verse 9 ( 2).
Nor shoulil any other pers on be aUoweil to file a
complaint against one who i3 already uncler a charge, nor
what has already been alleged shoulil be allowed to be
changed.
15 :-Abhiyuktam eha nanyeneti, nor should
an)1 other llerson be allowed to file a complaint against One who is
already unde1' a chmye 9"0. As agaillst Olle who h . s (already) been
charged by another, and who has not got over the charge, another
complaint should not be allowed to proceed j moreover, uktam,
20 alleged, what was deposed at the time of the first complaint, that
viprakrtim, change, (if) containing u contrllCliction, na, nayet,
should not lead, should not be ,,\lowed. The purport is this: Which-
ever fuct has been deposed to in whatever form at the time of the first
complaint, that f"ct sbould be taken down in the same manner at the
25 time of tbe forillal complaint, and not otherwise.
It may be asked: It has already beeu laid down in the
text'. vi=. " Whet ever is alleged by the pluintill' should be reduced to
writing in tbe presence oE tbe defendant," why then has it again
been repeated ill the text' "nor should what has already been alleged
30 be allowed to be changed?" The answer is: By the text" whatever
is alleged by the plaintiff " is meant that those facts which have bEen
deposed to at the time oE the first complaint, (the same) sbonld be cRmed
to be written down in the same manner at the time of tne or
1. Of Yltjihvulkyn II. 0. Yajfinvnlkya Verse 0 (2) above.
YdjitafJaZkyaJ
Vcr" 0 (2)
t'CBltlt.
(formal) plaint; as it bas been said that" a change in tbe subject-matter
ougbt not to be allowed Bven thongh it be made in tbe same suit";
as e_ g_ having alleged at the time of tbe first complaint that' he ( the
defendant) borrowed a hundred 1'upees at interest', it should not be
681
(allowed to be) stated at the time of tbe formal plaint or in the 5
presence of tbe defendant tbat 'a hnndred clothes were horrowed at
interest.' In tbat case, even if tbere be no ch,nge in tbe suit itself,
there being a change in the subject-matter, he (the plaintiff) would be
amenable to a penalty as a hzna-w{idi-one guilty of prevarication.
By tbe text: " nor wbat has been alleged should be allowed to 10
be changed, " a prohibition against a change into another suit is laid
down even incases where the subject-matter :remains the same. As
e_ g. baving said at tbe time of tbe first complaint that 'baving taken
a hundred l'llpees at iuterest, he (the defendant) does not repay (the
amount), he says at the time of the second or formal complaint 15
(Bhdha) that' he deprived me of a hundred rnpeeslby force, '
There
'
, a change to another subject-matter is prohibited, while
here
2
, a chauge in the nature of the snit is prohibited, and thus there
is no fault of repetition. Narada' has made this very thing clear:
., He who abandons his first allegations, and resorts to a new one, 20
should be regarded as a prevaricator.on account of the change in
the suit
4
"
A prevaricating litigant becomea amenable to punishment, hut
he does not lose his suit. Thus tbis direction
* Page 11. given in the present verse, viz. "nntil the com- 25
plaint is disposed of &c.," is intended to avoid
mistakes on the part of the phiotiff and the defeodant, and has no
reference to the proving or not proving of tbe point io displlte.
Hence the Author says 00
5
: "After discarding all circumven-
tion, the king sbould decide disputes according to the actual facts." 30
1. i.c., in tbe text trr1f0iS'fl!rru. &c.
2. n" "11TC( I
3. II. 24_
. 4. tJ1:f (Pada) 8S used here is intended to indicate a suit, tbe statement of
the C!lusa of actiODj while (Vastu) indie[l.tes the subject-matter of the Buit
1
or the point involved. '
5. Yajfi_ 11, 19.
682
Mitllk:qhar.l\-Limitatio1t oj the rule.
[
Y d,;navaZkya
Vern/l [} (2)
This (limitation of the rule), however, should be observed in
suits relating to property' or title. In disputes arising out of acts
resulting from violence, plaintiff loses (also) his suit if he makes a
false statement. As says Nara,da, "A verbal trickery does not
5 vitiate all actions relating to property; [or in suits relating to cattle
3
,
women, land, immovellbles and the recovery o[ debts, the claim is not
even though the claimant is liable to a penalty," This is
explained (thus): In all suits relating to property, not ill those
originating in anger or passion, a verbal t"icicery, even iE it be throllgh
10 mistake, does not annul, does not get deEeated i. e. he does not lose
his case; his caEe that is pending. An example here is 'cattle, womeH
9'c.' i. e. as in snits relating to cattle, women, recovery oE debts, by an
erroneous declaration a plainti!!' does not lose his case, though he is
(otherwise) liable to penalty, 50 (is the case) in all suits relating to
15 property.
From the specification of 'suits relating to property,' it appears
that in snits arising out oE acts o[ violence, the party loses also the
claim that is pending, in the c.se of an erroneous statement. As e.g.
having stated at the complaint that "I was struck on the head by
20 him with his foot ", if he Bays at the time of the formal complaint or
Bh6.ha that" I was struck (either) by the hund or by the foot", he,
nat only is amenable to punishment, but his complaint is also
dismissed. 9 (2).
1. Nots the following divi,ions of "'!9ilR.

,
"'
,
31'l'Sli

I
I
1.'I\R 31'f'l
2. Oh. II. 20. Dr Jolly reads <I'i\.,fr for <I'lr&9>1.
3. is a. better reading; Wir another woman.
yaji:avallcya. ]
Verse 10 (1).
Where a coulltercharge
To the rule-"until the complaint is disposed of, no counter-
claim should be allowed against him" the Autbm' mentions an
exception
yajfia,va.lkya" Verse 10. (1)
683
A countercha,rge ma.y be allowed in ca.ses of delicts' 5
and felonious crimes.
Mitak?hara. :-Ka,la,he, in delicts, iu cases of defamation
and assault, slLha.se?hu, in felonious crimes, in cases of destruction of
life by means oE poison, weapons &c. (In such cases) when there is
a countercharge, it should be allowed against the complainant even. 10
while his own complaint is undisposed of.
h may be urged that even in such a case, the countercharge
would not be a proper answer inasmuch as it does not meet the case
oE the plaintiff, and thus (in fact) there being another pratijna or
complaint, it is equally impossible to go into a simultaneous proof (oE 15
both the charges). To this the auswer is: True; but here a counter-
charge is not allowed with a view to a simultaneous proof, but for an
abatement of the punishmeut, or Ear avoiding or preventing an excess
of it ; for, where the complaint is, 'I was beaten or abused by him,'
and tbe qountercharge is 'I was first beaten 01' abused by him,' there 20
would be a light puuishment. As says Nara,da,': "He who is tha
first to inflict an injury is assuredly guilty; he who retaliates is like-
wise guilty; but for the first, the punishment is heavier." Where,
however, tbe assault etc. is commenced simultaneously for both,
au enbanced punishment is avoided. Vide the text
3
: "When both 25
simultaueously commence abusing or beating each other, and
a difference (in degree) cannot be found, tbe punishment for both
would be the same."
Tbus, even if proof of simultaneousness is impossible, still in
cases of abuse &c. a countercharge bas a value; in suits for the 30
recovery of debts &c., bowever, it is simply useless.
L. 'I'l'i,-violencej ; Modhfitithi.
2. Oil. XV. 9.
3. Of Namd. Oh. XV. 8: Dr. Jolly's text re.d, the first quarter as

684
VlramitrodllYIl-S'lUopuni-Wh/Jn one may cowztcreha'!'[lc?
Viramitlodaya.
The Author mentions tho fUllction of the pla,ioliif io the interval
YajiiavaU,ya, Verses 9, 10 (1).
Abldyogam, 'complaiot.', the accusat.ion rude by the complaioan t,
5 anistlrya, I without removing', i.o'1 is dis[1o.'wd of hy the docision
resulting in success Of defeat, against the llomplH,iu!1.nt, tbe respolll-ient,
na pratyabltiyojayet, {should il'Jt be allowed to i.e.,
shoull nol be charged for " count.er oWence committed by bim.
Anyena, 'by RDother', while t.he IlcctlB!l.tion first made is DOt. removed,
10 until it.s removal, tbe defendant sbould not be nllowed to be cbarged.
The substance of tha compll1iut hid sbonH not ba allowed to ba
'changad', vipra/IT/am, distorted, i.e., the plnintiif or the defendant
should not be allowed to write otherwi,a.
As ragords I.ha cluusa 'no count.ar-claim should ba allowed
15 against him', in a mutulll fight., in fLbufl6, anll ill CIl-SeS of eeriotls
offances such oa the abduction 01. women, homiciJe, "Dd t.he like, uDd by
the use of the word ClIO, 'aDd " in CUSBa of "ssaults aod thefts, one
may file a counter-complaiot. In un accusation Buch as 'I was
abuBed by him', 'I was baa,en by bim', ODe may state 11S by way
20 ofo.n !.l[l:!'war 'I W111 ll.taIJ abu93,1', 'I wad blilten'. By the use of
the first cha, , and', ara included the grown uo l1ud the like. 9, 10 (1).
S'ulapa(li
Yaji'iavalkya, Verse 9.
One against whom an accusation has been made, without giving an
25 answer, should not be allowed to charge the maker of the first complaint
with a counter-complaint, simultaneously more than OilB trilLl being
impossible.
The complainant also must not file anothor complaint against
ths respondsnt, as on account of the abandonment of the first complaint,
30 thm'e may be tbe danger of detriment to tll" sworn statement. Tbe
allegation wbich has once been made should not be allowed to be
distorted by an allegation of a different kind, as there would be the
fauH a of variation in the pleading. (9).
After laying down the rules for the plaintiff aud the
35 defendant, the Author mentious the fUllctions of the Presiciing Officer
(of the Court) and his CouncillorR
I

ii
"
:!
idiilalJalkya. ]
Ferse 10 (2).
to be takun.
Yajfia,va,lkya" Verse 10 (2).
From both a security should be ta.ken, (such a,s one)
who would be competent to sa.tisfythe object of the judgment,
MiLak,?ha,ra :-Ubha,yojJ., from both, i. e. from the plaintiff
685
and the defendant. (That which) in all suits (is) the object of the 5
judgment or decree is karya,niqmya" the object the judgment.
The word lcal'ya has been placed first under the rule!
'Ahitagnyaclishll.' The object of the judgment, moreover, is the
paymeut of the amount decreed, and the payment of the fine. For
that, sa,martha,jJ., competent, pratibhu., surety; he who becomes 10
a substitute for him, i,e. in that canse, becomes like him, is a Prati6hU;
(such a one) should be taken by the Officer presiding the Court
consisting of Councillors,
If such a one is not possible, men shonld be commissioned to
watch the plaintiff and the defendant, and the daily wages of these 15
(guards) should be ordered to be paid by those (plaintiff and defendant).
As suys Ka.tyayana,2: "If, however, the plaintiff has no surety
competeut for the cause, he shonld he (kept) under a watch; snd (he)
should pay the lVages to the servant at the end of the day. "
Virarnitrodaya. 20
After having stated the duties of the plaintiff and the defendant,
the Author mentions the function of the head of the Oourt along with
the Oouncillor.
Yiijiiavalkya, Verse 1Q (2).
Of the plaintiff and defendant who had appeared for (getting) 25
justice, for entering npon the (;riol, a security should be taken, as even
regarding the plaintiff, thore being the possibility of his running away
through feor of penalty. Of what kind? Sa1lla7'thah, 'competent' or able
to meet the purpose of the decision, i.e., for the pay;"ent of the amount \'
established, as alBa of thB penalty. After the manner of the rnle
l
30
ahildgni, &c., the word lulrya, has been placed first,
.1. II. 2-37. In the compounds 3lliW'nrn and the like
the formed words may optionally be placed first i. e. 3llnrillIH, etc,
2. Verse, 117.
686
Vlrnmitl'odayn-Object oj aw ser:urit!/.
[
Yajiiavall:ya
Verse 10.
Or for the object, l.e., for the decision to be given, a security
should be taken. It may not be said, having regard to tho order
'
of its
statement, that. the security to be taken is after the dec'sion of the suit,
therefore it. hos been stated that he sbould be one competent to satisfy
5 the judgment. Or, for the o ~ i e c t which is the subject matter or the suit,
euch as the recovery of debt &c., for its decision, a security shonld be
taken,(OE)ifths plaintiff runs away a decision would be impossible. For the
absence of the security, however, K1ityayana" ''If, however, there be no
surety given by the plaintiff who has a cause for dispute, he should be
10 kept uu,ler watch, and eo guarded he ehould give wages to the guard at
the eilll of the day". 'Gnard', i.6., the meBBenger of the king. 10 (2).
S'ulapa\ii.
Yajiiavalkya, Verse 10.
The A.uthor mentions an exception; kalahe, 'delicts' e. g, slander,
15 as also in charges of assault with weapous &c" '1 too was attacked with
a weapon by him', Buch a countBr-charge may (be allowed to) be made.
In a complaint that 'the attack was made on me when I was quite
innocent', in a counter complaint in the counter-charge, the fauH of
simultaneity by numeroue complaints dOBS not occur.
20 A. surety should be taken who would be competent to keep the
complainant and the respondeut under restraint. until the decision of
the proceeding, In the absence of a sUl'ety, he might change, so says
Katyayana'. "If, however, there be no surety given by the plaintiff
who has a cause for dispute, he should bB kept under watch, and so
25 guarded he should give wages to the guard at the Bnd of the day,"
'Guard', the l'oyal watchman, (10).
It has heen said that a surety should be taken by tbe presiding
officer of the Court consisting of Councillors from the plaintiff and the
defendant, who would be able to satisfy the object oE the judgment;
30 it may be asked what is that object oE the judgmeut? Anticipating
this, the author says
Yajiiavalkya, Verse 11.
When, upon a denial (by the defendant), a
proved, he (the defendant) should pay the amount
claim is
claimed
1. Q\C;::$"iti1\ i. e. since the rule regarding the tllking of a security COInBS
to be mentioned after the decision, follOWing the order of its stELtement.
2. VerBB 117.
Y4iiiava17c'fja ].
P"e"e8 11.
Jot JaZ" pl,adings.
( to the plaintiff) and also an equal amount to the king.
One setting up a false claim should pay double the amount
claimed.
:-Of the claim alleged by the plaintiff if npon
687
a denial by the defendant the claim is pl"Oved, bhavita\!, by the 5
plaintiff by melns of witnesses &c. and thus brought home to the
defendaut, then the defendant should, pive the amount, dadyad
dhanam, iu dispute to the plaintiff and also an equal amo!mt to the
king, Rajiie cha ta tsamam, as a fine for the denial. If, however
the plaintiff is uuable to establish (his case), thBn he himself becomes 10
mithyabhiyogi, a false ciaimallt, and as such shonld give to the
king, dadyadrajiie, double, dwigulJam, the amount of the plaint
abhiyogat, i. e. the amount claimed in the plaint.
In the case of the plea of 'I'es judicata' and of ' confession
and avoidance' this same rule should be applied. There, too, when the 15
plaintiff is shown by the defendant to have set up a (false) denial, he
should give to the king a fine equal to the amount in dispute. If,
however, the defendant is unable to establish either the plea of res
judicata or of the special plea then he himself should give double the
amount to the king as for having set up a false plea, while to the 20
plaintiff the amount claimed or in dispute. In an answer of
admission, however, there is no fine.
This, however, has a reference only to the suits for recoveriug
debts. It is not of universal application, inasmuch as special fines
have been mentioned in (all) other (kinds of) suits, in their respective 25
places, and also as it cannot possibly occur in suits where the
sUbjectmatter is other than money.
And although the rule' that' a debtor should be made to pay
by the king &c., ' has a reference to or applies iu suits relating to
the recovery of debts, we will particularize it there' only. 30
The same rule should even be used as having a reference to all
(kinds of) suits. Row? IE upon the defendant's setting up a denial
.1. VerBa 117.
2. See Verse 42 fUrther on.
8
Viramitrodayn-Ji'i'llG 11) Uf i1nl!Ullcd.
(
YliJnavulkyu.
VerGe 11.
of tbe claim it is proved by means oE witnesses &c. by the plaintiff
as against the defendant, then e'llwl to it, tatsa.ma.m, i.e., to the very
amount specified respectively in each (kind oE) suit. The word cha
is nsed to restrict the
1
extent (of the fine). 'The [Imount should
5 be paid to the king' is the ( constrnction based on ) repetition.
If the complainant is not able to bear out this complaint,
then the rule laid down is that a donble amount oE that mentioned
in eacb snit shonld respectively be paid by him as a fine for (being)
a false complainant. Here also in the plea of res Judicata and oE a
10 'special plea' the rule should be applied similarly as beEore.
20
., .

Virami troday a
The Author mentions the procednre in regard to a defeated
defendant or plaintifi'
Yajilavalkya, Verse 11.
'upon a deuial, ' of a true claim by B false statement
bhavite, ' when proved' by witnesses also the matter being brought horne
the defendant should give to the plaintiff the amount which is the sllbject.
matter of the snit. Rnjne el,a tat.amn", dhunam daclyilt, 'to the king
"Iso he should pay an awount equal to it ' in the form of a penalty. A
plaintiff, setting up a false claim, should pay to tho king an amount
double tbat in dispute. By the use of t,he word cha, 'anel,' the Author
adds another penalty in cases of slander &c. Here Manu': "Upon a
denial of the claim, if it is established hy evidence, he should be ordered
to pay the debt to the creditor and a small fine according to capacity (52).
He, to the extent to which he denies the claim, or to the extent to
which he speaks falsely; thoso two adepts in illegality should be
punished with a fine double of that" (60). Hers, moreover, the deter-
mination of tbe of those who deny tbe claim, in equal or
1. Words have the force of tf-ll% or i. e. of having a wider surfl1ce
covered by the connotatiolls than is indicl.ted by the denotations. In this
cOJlnection the distinction between R<:f11 and may be COmpal'Bll. In
'q:::;:'i:'lq7'9 Of@ l1&1.fr:' all animals other than the !lre excluded (51fI'[Rfj) while
in '64 it not so much the exclusion (;;1:fliir%) of although that
may be the ultimate reslllt, as the selection of '.'[g'i[>T (Il'JRf) that is aimea at.
So Vijnl1ueswara says that by the use of the word cha: yajnavalkya means to
lay down tho.t a:n amount equal in amounu to that in dispute, and not more or
lesa, should be levied as the king's fine.
Oh. VIII verB" 52 and 60.

Verses
8'ulapaZli-.rn a rtfJniul and arlmisBioll.
689
double the amount shnuld be made by a consideration of the caBte,
age and wealth, of these. As the Author has said': "Aftsr taking into
consideration, the country &c." (II).
S'uhl:pa!li
ya.jnavalkya, Verse 11.
In a plaint regarding the payment of money, one who has filed an
answer of denial, when the claim has been established against
him by means of witnesses and tbe like, the debtor should pay the amount
to the creditor. To the king also he should pay an equal amount as
penalty. In the case of a denial and an admission, Vyasa has mentioned 10
half as penalty: "After denial, when the plaintiff voluntarily admits
the claim, that should bo known as an admission; for that a half penalty
has been declared". mher penalties in particular cases, should be
ascertained from other Smytis by regard to the existence or uon-existence
of the element of intention as an ingredient in the offence. 15
One who offers a false complaint should pay donble the amount
of the complaint to tbe kiug. In regard to the Sudm, Narada states a
special rule: "Those of the Sudra order who file a false complaint
against the twice-born, the king should cnt out their tongue and
impale them upon a cross." (11) 20
By the text: 'Next, the plaintiff should immediately have
written dowu the evidence by menns of which the matter in dispute
is to be established, ' it has been shown that (some) time should be
allowed at the stage of filing the answer; the Author mentions un
exception to this 25
Ylijfia. valkya,' Verse 12.
In charges regarding felonies, theft, assault, and
COW-killing, and in complaints about risk to life and
property, and in complaints against defamatory imputations,
. as also in cases concerning women, the pa.rties must 30
even immedia.tely be asked to plead. In other suits time
has been allowed under the discl'etion (of the court).
:-Sa.ha.sam, a felonious crime, by means of
poison, weapons, and the like, the killing of and doing like
1. Oompor8 this with Nama, 1. 45.
2. Ac!Uiridhyiiya V 8rB8 368, .
690
of immediate defe1we.
[
Y4;ftavaalkya,
VorsE 12.
other acts; steyam, theft, stealing; assault, verbal
abase and bodily assault, to be defiued Eurther on. Gauf\, cow,
i. e. a milch-cow. Abhisapajl, defamat01'Y imputation, impntations
about the commission oE a siu. Atyayajl, risk oj life and property,
5 danger to liEe and wealth; regarding it. The singnlar is used as the
Dwandwa (fig) componnd is iudicative as iE it were a single object'.
Striyam, concerning women, high-born women, as well as
slave girls. In the case of high-born women, in disputes regarding
good conduct or character, in the case of sla ve-girls, in dispntes regard-
10 ing the right of ownership. Vivadayet, be asked to plead, be made to
file un answer. Sadya eva, even immediately, no time should be
allowed to intervene. Anyatra, in other suits, kalaf\, time, time
for filing an answer, ichchf\aya, under the discretion, i.e. oE plaintiff,
deEendant, Councillors and the officer presiding, or the chieE officer,
15 sm:rtajl, allowed, i. e. has been laid down.
Viramitrodaya.
It has been stated that 'of the plaint which has heen heard (by
the defendant) an answer should be caused to he written'; there by
regard to the difference in the subject matter, ;the Author states the
20 awaiting or not awaiting of time
Verse 12.
In complaints crimes &c" the defendant should be asked
to his defence immediately, i. e , Bhould be made to do everything
which is useful for reaching .. dBcision sllch as the filing of an answer
25 und the like. Anyatra, 'in other suits', slleh as the recovery of debtB &c.,
ic1lCl'iy,ayll, 'under the discretion' i. o. with a deEire t.o find out the truth,
an iaterva! i. e. time has been stated in tlie Smrti.. So Kiityayana':
"Where the thing is likely t.o be rednced to deterioration, or destIuction,
or a might occnr, there time should Ilot h9 given; such a matter
30 should he pl'oceeded us urgent." And Narada' alBa: "In suits
relating to debts or the liks other subjects, time may be given with a view
to ascertain the trnth."
Sahasa, 'wHh forcG', i. e. offeneively in the pressnce of people,
what is done, such .s an attack upou another and the like is called
1. <tiil "All Dwand .. a compound, are used optionally
M indicative of 11 single
The is useel) as the G:"E: compound is indicative as if it were
a single object. 2_ Verse 149. 3. Oh. 1. 44_
Ydjilavallc'lI
a
)
Verses
OaU8tJ8,
691
stthasa, 'n felony'; steya, 'theft,' i. c; stealing; pttru?kyam, 'assault'
i. c. n verbal assault, as well as a bodily assault; go, 'cow' i. e. a miloh
cow; 'accusation' ; atyaye, 'danger' i. e. the possibility of the
death of either the plaintiff or the defendant. Thi, is the locative
absolnte. Anyat"a, 'elsewhere,' i. e. in other dispntes. Striyam, 5
'ccnMming women,' regarding the character of a high-born lady. (12).
S'iilapalli
Yajiiavalkya, Verse 12.
Bahasa, 'heinous offence,' i.e. gau., 'cow/ here, a miloh
cow; abhiyoge. ' accusation' for a heinous crime; by means of that; alyaye, 10
, loss, I i.e. destruction of property; striyanz, 'regarding a woman I
i.e. a high born lady in a dispute about character; in the case of a daBi,
a minor dispute; in the case of these prooeedings be should be asked to
file an answer immediately. (12)
Yajfiavalkya, Verses 13, 14 and 15. 15
He who shifts from one place to another place, licks
his lips, whose forehead perspires, as also he whose
countenance' changes colour; (13) who has a stammering
and incoherent speech, and talks inconsistently and too
much, who does not respond to the speech or gaze of others, 20
and who moreover bites his lip3; (14) who exhibits by
his own movements a perturbation in mind, speech, body
and action, is known as defective and. unfit to be a
complainant or a witness (15).
karmabhiryo swabha- 25
vadeva, who in mind, speech, body and action
"' PAGE 13. ellJhibits b!! his own movements,not by reaSon oHear,
&c., vikrtim, perturbation, change (for the worse),
ya ti,' goes; snch II one is i,,,own as unfit to be a complainant or a
witness, abp.iyoge wa parikirtita!1. The 30
Author points out the deformity in detail. Des'addes'antaram
. yati, shifts from one place to another place, does not stand steady any-
where. Srkkil).l, lips, the corners or the edges of the lips, pariledhi,
-1. Appears to be a rending tha.t may have been before VijDn.es'wa.ra",_._.
rhe reading in the original te:<t of Yajfiavalkya is
692
WI (il'S07/,
[
Y41rw,vaZkya
Verse II 1,'1-15.
licks, touches by the end of the tongue or rubs,-an instance of a
deformity in action.
Asya lalfi,tam swidyate, whose fm'ehead perspi"es, becomes
smeared with drops of perspiratiou. Mukham
5 Characteristics eha vaiwan)yam, countenance also lws a
oE an unfit person. ehan,qed eolour, a changed colour i. e. palour or
shadiness; eti, ass!tmes,' are instances of bodily
perturbation. who lias a stammerinp
and incoherent speech; stammering with a stutter;
10 skhalat, 'incoherent, He whose speech is of such a sort. A man
oE this description. Viruddham, inconsistent, the last coutradict-
ing the first; bahu talles much; is an instance of
perturbation in speech. To the words, waeham, of another, he does not
attend by giving a reply; nor does be attend to tbe ,'laze,
15 of another by a responsive look-a sign oE mental Ta tMi,
nirbhujati, mm'eover bites his lips, i.e. twitches-is also an
instance of a bodily change.
This, bow ever, has been mentionect to indicate a probable
existence of a deEect; not as a positive mark of the (existence of) defects
20 as it is difficult to appreciate the distinction between a natural defect
and a deEect caused by u special circum,tence, And even if perhaps
a skilful person draws a distinction, still that (by itselE) will not be a
sufficient cause for a dismissal of (the suit), No one would set abont
actually performing the exeqllial rites by merely ob,el'ving (the) signs
25 (of impending deatb) in a dying man. Similarly, even iE it be known
from the signs that tbe party would be defeated, still, that (by itseH)
is not sufficient to bring about (an actual) deleat,
Viramitrodaya,
The evidence to be adduced by ths plaintiff has been stated
30 before. Now, what cannot be adduced by him, and which is to be
inferred by the Ohief Judge, the Oouncillors "ud the rest, viz. inferential
evidence otherwise called the p,.aiYIMalita., the Aut,hor points out
Yiijiiavalkya, Verses 13,14,15.
Mano.Vlikhaya!Ia1"7naMir ya!l, 8wablllivlid, 'who in mind, speech,
35 body and action exhibits by his own movements (manners) i. e. without
1. Lit: goes or ren,ches.
]
Vet'81lS 13-15.
Vlrnmitl'Odaya-Thc Perturbations.
693
any other cau,e poeeibly due to di.turbance etc., vi/ITUm 'a change,' 'a
perturbation,' i. e, yftti 'gOBS!, i. B. reaches; sa, 'he '; ahldyoge, 'in I],
complaint' i.e. in a dispute, i e. 'testimony' i. e. in a proceeding
8S a witnes,; parikirtita(, 'known a" defective and unfit', in the
S'u,stm" Therefore" complaiot made by him or a testimony given by 5
him is not taken us proof. This is the meaning.
The Author mention, the perturbation iteelf: Desat, 'from a
place' i. e. from the place of his own residence, desantaram' to another
plac9 '; yati, 'goes', in other words, in regard to hiB residence does not
anywhere exbibit, stability; 'lips' i. a, border of bis lips, by a 10
repetition i. e. often and often with tbe tip of his tongue; ladM,' licks "
i. e. rubs. Asya, 'of him,' i. e., of this defective person, lald!am,
'forehead,' sWldyate, 'perspires,' is saturated with perspiration. 111ukham
cha, 'mouth also '; 'changed into non-colour,' i. c., palour,
BtL', i. e. reaches. 'dry' i. e. the mouth becomiag 15
dry, skhalat, 'stammering' i. e. incoherent; one who has this, is tbat.
Thus it i, '" Karmadhdraya, 'nompouud.' V;1'uddl!am, 'inconsistent,' i.e.
the prior and tbe succeeding portions mutually contradictory; bal!u,
milch more th[l.U is useful, 'spaakB,' i. c. utters. Wah,
'speech,' to ooeself, words adaressad by another; 'eyes' of
unother bent towards oDe's gaze. This is a dw(!,ndwa compound indicating
as if it were a siogle ob.iect; No pO}ayati, 'does not respond,' i. e. does not
meet by a return speech or by a rSBponse in gaze. lips, ,
nil'bh'!jate', 'bites,' i. e. distorts. or these perturbations the mental &c.
may be inferred according to the local conditions of each. By the use of 25
the words, cl!a, 'and,' api, 'even,' tatha, 'and "lBO' is intended to
indicate that "Although asked by many to speak, doeB not speak, and
daBS not prove what he bas slated; or wbo does not know wbat is the
first point, and the point next following; such one fails in tbe suit.
(57). Haviog declared 'I have wit08sses who know,' when asked to point 30
out, who does not poiot out; tbe officer of the law-court, 00 (account of)
these grounds, may declare him also to be non-Buited." (58). These and
others etated by Manu' a'nd others are also to be included. (13, 14, 15).
B'ulapa\ii.
'rhe Author mentions
bhe pratlli'ikalita part
tbe characteristics of a faulty person in
Yajiiavalkya, Verses, 13,14,15.
'speech, gaze &c. " to the speecb of another, does
not respond by a reply, aud also another's eye, he does not meet by
1. See note on 690.
"
.. Oh. VIII. 57, 60.
35
694
looking baDk Nirbhiyali, 'bites', i.e. distorts, exhibits a perturbation; The
meaning is, is not able to Dover these. As in the Ramayal1a: "Althongh
Dovered in the outward form, it is not possible to be Dovered; indeed
from its forDe it exhibits the internal feeling of men." 'Outward form' i.e.
5 the bodily movements. The mouth, in the form of a changed colour and
the like, the mental perturbation is inferred from the bodily Dhange.
These movements from plaDe to place and the like are indicative of a
defect (i3, 14, 15).
yajiia.va.lkya., Verse 16.
10 He who tries to substa,ntia.te a. doubtful cla.im indepen-
dently (of the mea.ns of proof), he who absconds, as also he
who when summoned into the court does not saya.nything,
is considered to be a false litiga.nt a.nd punisha.ble as such.
:-Moreover, sll.ndigdham a.l'tha.m, a
15 doubtful claim, even when not admitted by the (defendant) debtor,
ya.jl swa ta.ntrajl, who tries to substantiate independently of the
means of proof i. e. by confinement, arrest &c., sa hino dalJ.dyas'cha,
he is considered to be a false litigant and also becomes punishable as such.
Likewise he who aEter himselE having admitted a claim, or after a
20 claim was established by means oE proof, absconds tet,
when asked (to pay). He, moreover, against whom a claim bas been
filed and who even wben summoned, ahuto, by the king into the
court, does not .say anything. He also is considered a Eanlty litigant
and pnnishable as such. This is the construction.
:l5 As this verse has been iutl'odllced by the text' '. is known
as defective and unfit to he a complainant or a witness" it might
be supposed that this verse is intended simply for detecting a faulty
litigant (without more), so the word dal!dya ( punisbable) has been
used. Moreover, from the text': "even iE one makes himselE amenable
HO to punishment as guilty, he is not liable to have his suit dismissed"
it bas been shown that a party does not lose his claim. Intending
to avoid such a conclusion here, the author has used the word Mna
(faulty).
L Verse 15 above p. 691 ll. 22-23.
2. of Namda II. 25, Beo above Verse (U) where tbe full texl is ciled.
]
V crBIl 16.
Vlramltrodaya-A Bina olaimant.
695
Viramitrodaya.
Some deformitieR, although indicative of defectiveness, may even
affect one who is not punishable; so the Author says
Yiijiiavalkya, Verse, 16.
Sandigdham, 'doubtful ',i.e., not decidsd in his favour by the
investigation, a,tham, 'claim', and therefore alBa
, independently', i.e., irrespectively of the certificate of success to bo
issued by the investigating autbority, sdC/hayet, 'trieB to secure', i.e.,
sscures to himself; yasaka, 'he also', who when challenged for an i"guiry,
'absconds', i.e., from the seat of investigation rnns away.
Ya/;aha, 'he also', 'summoned', does not. speak anythiog, either
in support of his side, or detrimental to the other side, 8a, 'such fl, one "
' " false litignant " i.e., a faulty one, and by reason of the offence
of execnting 8 claim nnder a doubt, 'is declared by the Smrtis o.lso 'to be
pnnishable by the king', rdjM
By the first (use of) eka, 'and', are included thoBe who do not.
attend at the place of inquiry. By the second (uss of) el,a, 'ond' is
included one who whsn unable one,elf, who uoes not appear at the
tri.l through B deputy. By the (use of the) third aka, 'and' is indicated
that he shonld be compelled to pay what is in dispute,
Thess deformities, morsovsr, not likely to bs proved by any other
than one who is 11 thorough expert, ars only means of indication of '"
disturbance. Otherwiss, the possibility of a perturbation may bere be
taksu as conclusive. A decision by rsgard to these is called among the
psople a direct' deliberation. (16).
S'ulapiil1i
The author states the characteristics of a defsated party
Yiijfiyavalkya, VErse 16.
If in a claim which is under a doubt one recovers independently of
5
10
15
20
tbe (prescribed) means; absconds, i. e. without informing goes 30
to another village; aftsr he is brought for heing questioned, wben asked
what have you to say', speaks nothing whatever-these thres as false
litigauts are to be punished as sucb. Narada' bowever mentions
five varieties viZ.: "One who changes his pleading, ODEl avoiding a.
trial, Ol1e failing to appeal', one who does not file an answer, and one 35
1. IfF'Mf'f'lI,: See Ihe rsmarks of the Mitiiksharii above on p. 678, I. 1.
quoted in the note on page 679.
2. Oh. II. 3S.
9
G9G
[
Ydjiia'Vttlkyn,
Ver8e 17.
who absconds after he is summoned, are five varieties of a faulty
litigant." "The absconder, after three fortnights; one who keeps silent
after seven days j and one avoiding a judioial investigation, after a
month, and an incongruous deponent immediately (are declared as
5 vicious or faulty)." 16.
Now, where two men simultaneously go to the officer of
justice, each as plaintiff e. g., where, a certain person having obtained
land by gift, after enjoying possession of it for some period went
out on account of business into another country along with his
HI family; and a certain other person also obtained the same land by a
gift and after enjoying possession for some time, went into another
country. Thereafter both returned together and there was a quarrel
each saying "this is my land, this is my land," and when both go
simultaneously to the officer of justice, the question would be
15 on whom should the bm'den of proof lie! Anticipating this, the
Author says;-
Yajiia valkya, Verse 1'1.
When there are witnesses for both sides, those for
him who claims priority should be taken first; and if the
2u first claim be invalidated, then those (i e., the witnesses) of
the next claimant should be examined.
:-Ubhaya tap., for both sides, i. e. for both the
litigants. Witnesses, i. e., when they are available.
17.. witnesses for him who claims priority,
25 purvavadinap., should be emaminedj i.e. one who says that he got (it)
by a giEt and had enjoyed at a prior date. A purvawa.di, II pe"son
claiming priority, is not one who first makes a complaint. The
witnesses Ear Buch a one should be examined.
When, however, another person says :-"True it is that this
:{I) man first got it by gift and also was in possession, but the king gave
this very field to me after purchasing from this very man, or that
this man gave it to me after having obtained by giEt"-then, the case
of the first claimant becomes invalidated as it cannot be proved, and
Y It,iilavalltya ]
Verse 17.
SillHllianeOlbIl ,ctaimallls.
when the case of the first claimant is in validated, the witnesses
should be examined of him who says that he got
" Page 14. a gift at a later date and was iu (since).
This explanation
1
-alone is proper. It would
.697
not be propel' to put the following interpretation, viz., if the answer 5
is by denial, the witnesses oE him who claims priority are examined;
while in the answers oE ,'e8 judicata and special plea if the case oE
the first claimant be invalidated then would come in the witnesses of
the next claimant. The same import having been laid down in the
text-'Next, the plaintiff should immediately have written &c.',
1
10
tbere would be the fault DE repetition.
The first (mode of) explanation has also been brought out
clearly by Narada
R
who after observing-Illn the case of a denial,
the proof rests on the plaintiff, while in B 'special plea', on the
defendant. For establishing a former jud,qment the (production of 15
the) decree would constitute (sufficient) prooE," says :-"When two
persons quarrel Ear a poiut, and both have witnesses, the witnesses
of him who sets up a prior claim shall be heard."
This rule has been specially mentioned as it differs from the
rules of procedure for suits in general.(17) 20
Vir amitrodaya.
" Then the plaintiff should cause to be writteu the means of proof
of the allegations in the plaint ", so it has been said. There, when the
means of proof exist for both the plaintiff and the defendant, whose
should be taken up (first) for oonsideration? So, the Author states the 25
rule here
Yajiiavalkya, Verse 17.
Ubhayato, 'of both' i. B. of the plaintiff and also :of the defendant,
w.hen witnesses and like other means of proof exist, 'of
hIm who filed the plaint,' the witne"BeS and like other means of proof 30
shonld be admitted; S110h is the general rule.
1. i .. taking both .. plainti:ffs and not one as 3l'Il and another aSI!1'f'fr.
2. Yiljiiavnlkya 7 (2) pOlie !l72
8. Oh II. l6B.
698
Iela,e. the Anthor stat,Bs nn exception: When the first side, i.e.
iu t.lle form of the adharlbkllte, 'is invaJid!\t,ed,' i. e. is proved to
be w6fl.lreued rts eomparerl with the answer, eit.her on acconnt of's stronger
rUo.80n, or by TOB.S{)[l of the plea of res judicata, the witnesses, &C., of tho
5 fe,gpoudent huppen to be acceptelt. l'hiR mOreOVBl' hl\8 been V[HtJicnlarly
eln,hlll'atAd bofore nlrelldy. (17).
---
S'ulapal1i
Yiijiiavalkya, Verse 17.
One says, 'mine is this lanel by (right of) purchase'; another also
10 say" 'mine is this land, by (right of) purchase'; thl1s when the answer of
" special plea is equal, and witnesses of equal kind are adduced. the
witnesses of the party lodging the plaint are to be accepted, and not of
one who sets up a plea of priority.) Such an interpretation is proper as
by regmel to the text.': "In the case of a pledge, a gift or a sale,
15 however, the priur transadion preponderates," there would be the fanlt
oJ repetition if the first claimant be invalidated by not adducing !I
stl'ongJ!' rerlson to an answer! thE} witnesses of the respondent should be
taken. Dy the use of tbe word witnesses, are included documents and
the like. (17).
20 Yajiiavalkya, Verse 18.
If a dispute is accompanied by a wager, then the
defeated party should be made to pay a fine and the
amount of his wa.ger (to the king), and also the amount i.n
dispute to the judgment creditor.
25 :-Moreover, if a dispute, vivado, i. e. a
judicial proceeding, be sapaJ).ap., aaeompanied by a wager,-staking
is (the same thing as) wager; and that which contains this is one
accompunied by [t waget',-then there, tatra, i. e. in that proceeding
which contains fL wager, the defeated party, hInam, who has been
,Hi described abelVe, the king shonld muke him pay a fille, daJ;ldam, llS
also the amonnt of the wager laid by him; and to the (jndgment-)
crp/;;hg HlP "IT"fiOl'mt in dant?am
1. It that Slulapa9-i here differs from where
lllOrG ptiority ill lodging a complaint is not given preference to -0. prior
existing right (see toxt. p. 13. 11: 28-29). ,"iff ll"fi 'ffirl!irllWfE'ii
............ r """, {' '" t'.,.........
3H:lf 9:1<T: [9
2. See further yajn. II. 23.
ya.;uavallcyaJ
Vorse 18.
Viramltrodoya- Wholl waoers unequal or dneaidtd.
&.99
Similarly where one being under the influence of 8nger,
makes a stipulation thus: -"If lam defeated, I shall pay 100 panas",
Iilld the otber (side) does not make any stipulation, then also a
judioial proceeding is set in motion; and when it is commenced, and
if the person making the stipulation loses, then he himself should be 5
made to pay a fine togetber with the Bum stipulated. The other
(party), however, if defeated, should be made to pay the fine, and not
tbe stipulation as the text particularises it (i. e. bis stipulation) as for
one's own.
Wbere, moreover, one stipulates 100 and the other 50 only, 10
there also in case of a defeat eacb should be made to pay respectively
the amouut stipulated by bim alone. By the text "if thasuit is
accompanied by a wager" tbe Author bas indicated (the existence of)
a suit withont 1I wager also. (18)
Viramitrodaya. 15
Generally, it is only when the mean, of proof for both exist
that a suit with a wager comes about. By regard to this, the Author
mentions the part to be performed by the defeated party in a suit
with a wager
Yajiiavalkya, Verse 18.
As oharacterised above if a suit exist, then in a trial with a
w ~ g e r the investigating officer should compel the defective party who
loses, to pay to the king or to the opposing party respectively as the case
may be, viz., to the king, the penalty consequent upon the defeat; to
20
the opponent the amount which was the subject matter of the suit, and 25
his owu wager, viz., the subject matter as well os the amount. By
(the use of) the word tu, 'however " in a suit without a wager, is
excluded the payment of wager. By the first (use of the word) eva,
'only' is exclu,jed the payment of the wager laid by the other party
and not agreed to by himself. By the second, and accomp,nied by the ao
expression dh""inB 8M, , to the judgment-creditor only' is excluded the
payment of money in cases other those involving a money claim, suoh
a8 slander, &c. The first two aha'. are intended to include the payment
of the penalty and the wager which are not payable. The last cha,
, and' is indicative of payment of all the three together, viz:, 35
the penau.y, &c, (18).
700
S'iilapal1i
Yajiiavalkya, Verse 18
[
y
Fer8e lV,
"If I am dofeated on a footing of eqnality. tlien ". all addltimm]
penalty dUB for u defeat. I Hhall pay so many )la'!ta,"." tlms where the
5 defendant stipulates with extreme boa"tfulne"s, that is (known as) "
suit with a wager, In such a. case, the penalty for" defeated part.y.
as also the wager laid by himself, should be caused to be paid to the king,
"nd also the amount in the suit to the creditor. (18).
Yajnavalkya, Verse 19.
10 After discarding all circumvention, the king should
decide disputes according to the actual facts; for even a
real claim (based on actual facts) if not properly presented
is likely to be lost in a judicial proceeding.
Mitakshara:-Moreover, chhalam, cirwmvention, what baB
15 been wrongly nirasya, after 'discarding, after throwing off;
bhfitena, according to the actual facts, in pursnance of the real state
of facts, a king should bring disputes to an end, vyawa,haralJ nayed.
antam ntpall. Since, euen a real claim, bhfitamapi i. e. a true
case, anupannyastam, if not prope>'ly presented, i. B. if not properly
20 pleaded, is lost, ruyate, i. e. suffers a defeat ill a judicial proceeding,
vyawaharatall, at the trial on account of witnesses &c.
Tberefore the actual facts should be found out. The
presiding officer of a Court along with councillors, by gentle
persuasion and such other means, should try in sucb a way that the
25 plaintiff and the defendant would speak the truth only; (for) in that
case tbe decision would be given regardlessly of witnesses &c.
If. however, it is absolutely impossible to find ant the real
facts, (then) in that case, the second course is that the decision
should be given by examining witnesses &c. As bas been said' :-
30 "It (i. e. a legal proceeding) is said to have two courses, as it is
capable of being in pursuance of [acls,or founded on error. A fact
is that whicb truly embodies tbe actual events. An error is what has
been erroneously deposed to. ,.
1. Namda. I.
I
-I
!
Y d,inavallcya1'
Verse 19.
VirBniltrodnya-OhangD in plsudi1lgs.
There a decision given in pursuance of actual fact.s is the
principal course, that founded upon error is only secondary. In 11
decision based on (tbe evidence of) witnesses and documents, the
truth may sometimes be followed, sometimes not, as it is possible
101
for witnesses &c. to deviate (from the truth.) 5
15.
Viramitrodaya.
As a suit is regarded two-fold on .account of the distinction of
being with or without a wager, eO also by regard to its being fonnded on
'truth, or on error, it is two-fold. For it has been said': "By reaBon 10
of its being fonnded on truth or on error, it is said to have two courses.
Truth is what is linked with facts; what has been declared by mistake,
is error." 'fhus the word mistake here is merely indicative of a proceed-
ing which is not in pur.uance of facts. There, as far IlS possible, a trial
should be observed only in pursullnce of facts; so the Author says 15
Yajiiavalkya, VersB 19.
BM/ena, 'according to facts' in connection with the matter in
issue by means such as peaceful negotiations &c. by the party speaking
as to aotual facts in the form of hiB movements' or the actioDs of the
other side by reference to dates, having discorded the statements in the 20
nature of circumventions, nrpo vyavaMran nayet, 'the king should decide
disputes,' i. e. carry to their own results in the form of 11 decision.
At times a suit is likely to be decided even in pursuance of auerror,
so the Author says, Matam, 'actual facts,' i. e. a real fact although with
proper connections Buch as witnesses &c., if not properly set out before 25
the determination of sUDcess, in a snit to be managed, "'yate," suffers a
defeat,' becomes impossible of accomplishment. In such a case, the
trial will only be in pnrsuance of an error. By the expression, 'even
facts if not properly set out' are included by extension all transactions
well known as being in pursuauce of facts. 30
, There, a transaction proved according to rules of Silstm is as
under: "Ooe who abandoning a strong ground resorts to a weak one,
would not be allowed to resort to it again after the members "of the
judicial assembly have reached' the stage of suocess'. When ... a law
1. By Niirad. 1.
2. "f'i/S'I,['il i. e. have recorded their deciBion as to who should ,ucceed.
B. Kiityiiyana, 'VerBe 221. 4. Narada 1. 62, 63.
702
of lJl"ouf ill a /lc1I.iul.
(
Y o;'navall,;yu
Vcr8l 20.
suit h.ls been decided, evidence becomes profitless, unless a document
or witnesses can be produced who or which bad not been announced at a
former stage' ofthe trial. As the (fertilizing) power of rain is thrown
away on ripe groin, even sO evidence becomes useless when the suit has
ij been decided."
III
Popular usage in transactions, such a. "If I do not go tomorrow,
I am (to be considered as) defeated," an agreement like this and
others. (10).
SBlapani
Yajiiavalkya, Verse lU.
HTruth is what rests on facts. EnOl' rests on a mista.ke of
facts", vide this text of Narada', if reallacts are clearly ascertained
by means of other proofs, then whatever had been declared through error
should be given up as not final, and by meaDS of positively ascertained
1
1
j
15 facts, judicial investigations should one conclude; as even actual facts '1
if not put lorth in a judicial court load to a defeat; so Narada':
"What through error is not declared, that even though it were an
actnal fact is loet at law; therefore, judicial trials should one investigate
hy regard to actuallacts" "Moreover by the king particularly by one
ZO wbo is anxious to maintain the (integrity 01) law, by regard to tbe
diversity of the human mentality, after discriminating the good from
the not good". (19).
Even a real claim is lost in a judicial proceeding if not
properly presented" the Author mentions an illustration of this text
25 Yajiiavalkya, Verse 20.
Where the defendant sets up a denial and it is not
confined to one only of the many particulars written in the
plaint severally, and the claim is (afterwards) proved in
1. Asahaya hilS the following note OIl this: H'This wicked dobtor
owes me money, and although this ia supported by witenesses and other evidence/
he declines to give it. 'l'herefore he must he producod ill my lJraseuee before
t,he King's Oourt,' If 1,he clrtimrmt says t:lO
,
and does not vroduce his proof ut
the time of the evidence, buL orrers to produce afterwords, it eanno\; be admitted
as evidenco, But, if after malting the statement, the claimant could not
produce it owing to any accident etc., it ro8.y be offered, and it sho.1l be accepted
although the had already been decidod; and EHlteties were offered and tn.ken."
2. Nilrada 1. s. 1. 64.
of.. Gania! partially dispuled.
one particular, he should be com]JeUed by the king to pay
the entire claim. He (the plaintiff) should not, however,
be allowed to recover (from the defendant) what ha.d not
been alleged in the plaint.
703
:-Naikam, severally, many particulars, e. g. 5
gold, silver, clothes &c.; likhitam, written, allegation made by the
plaiutiff ; if the defendant denies, nip.nute, i. e. conceals the whole
claim, then, if the claim is pmved, bha.vitap. i. e. the defendant is
made to admit, the entire claim i. e. with regard to silver &c. (also)
. as alleged in the plaint should be caused to be paid to the plaintiff 10.
by the king, nrpel)a.
Na grahyastuaniveditah, should not, however, be allowed
to recover what has not been alleged. What had not been alleged at
the time of the first complaint, but afterwards is being informed by
the plaintiff saying that it was formerly forgotten, he should not be 15
allowed to recover, na grahyap. i. e. to be (allowed to be) paid, by
the king.
It must not be supposed, bowever, that this rule is merely
textuaJl; the falsity of the defendant's denial as to one particular
having been established, it leads to the possibility of (establishing) 20
its falsity as to other particulars also. Likewise, the truth of the
plaintiff's allegations having been established in one particular, it
raises the probability of its being true in other particulars a!so. Thus,
from this very text of the Lord of Yogis' supported it is by the
rules of Logic which is only3, another expression for 'the rules of 25
probative reasoning,' the resulting rule ( that comes to be established)
is that the king should cause the entire claim to be paid.
And when a snit is being decided in of the rules
of logic, even if the real facts stood otherwise, no fault would attach
1. on a text. i. o. its soundness clln be established eve'n
by the te,t of logic as will be Seen from the next ,entence.
2. i. e. the ,age yajiinvalkya.
3. _iwHQ<I''fl'l'i[
10
[
YddilavaZk'!J.u
20.
to the judges deciding the suit'. As also (says) Gautama', after
stating-' Rules of logic are a means for arriving at B judicial
decisiou. For getting at a decision with (the help of) it (logic),
parties .hould be placed in their proper positions respectively,' he
5 conclude.' thus: ' therefore the king and the preceptor are blameless.'
Moreover it is not that the consequences of a (false) defendant
being confronted in one particular extend only' to his testimony not
being accepted (as a reliable one) because the text is that 'n party
confronted in one particnlar should be made to the whole (claim)
10 by the king. '
The text of Katyayana" however, ."iz. "Even in suits
involving several counts, as much amount as the creditor (plaintiff)
establishes by means of his witnesses, so much only does he get",
has a refereuce to (suits for a) paternal' debt payable by the sons
15 and others. There the rule is that sons and otbers in their auswers
in a suit with reference to several claims saying 'I do not know', do
not become guilty of prevarication; (and) even if a claim is proved
against bim in one particular he does not become a false litigant, and
so the rule-"where the defendant denies aU the particulars &c."
20 has no application there, as there is no concealment, and therefore no
(scope for the application of the) rnles. of logic. The text of
Katyayana
5
viz. ' Even in suits involving several counts &c.' is B
generall'ule. Putting aside the 'false answer' which is tbe subject of
a .pecial treatise, the author treats it as an Answer of ignorance.'
1. It may also be thus rendered j Even if it \Vere different from the real
ilLcte. ' 'fGj;;r I '
2. Ohap. II. 23-24. 3. Ohap. II. 32.
4. &c. i. e. only thus far, to this e"tent. It ie not that from this
text the incapacity would extend to the length of only the party'e caee not being
accepted. The Author saye that it extends further, vi,. ''l:<trrr Wf i(T"! : '. The
meaning is that in the cllose of false witnesses the only consequence is that their
testimony is not accepted j wherea.s in the case of dishonest litigants. not only
that their testimony is not acoopted but that they are punished to the oxtent of
the entire cbim in dispute being thrown out.
5. Ver'e 473.
6. rrmi'l'l<rrrfit'f'l'll:. is better rending and is adopted from BUambhaHi.
See Balambhatti page 2,1,1. 18. I
Ydjfl.avo.'lkya ]
VerSll :W.
applicatiol1 in Charges of Crimcs.
705
It may be said that by the text! viz. "In snits for the recovery
oE debts and the like wbich are oE a quasi-finite character, the amount
in dispute being already ascertained, if the allegation is for a less or
a greater amount, the claim does not succeed", KatyiLyana has said
that in snits containing more points than one, iE only one point or more 5
points than one which are involved are proved by witnesses, the whole
claim does not sncceed. That being so, when only a portion is proved,
from where does follow the prooE oE the portion that is not proved 1
To this the answer is that where witnesses are produced
as the means for proving the entire claim aUeged in the written 10
plaint, there in case the witnesses depose to a portion only or
to much more than what was claimed then in such a case the whole
claim does not sncceed; this is the meaning oE that text. Even
there, from the wording oE the text viz. "being ascertained ... does not
succeed'', a doubt would even lie here as beEore and thus there is 15
scope for other evidence (means of prooE), on account oE the rule in
tbe text' "after discarding all circumvention &c."
In the case of criminal complaints, however, the whole point
alleged is considered as established even iE onlyaportion is establisbed
by witnesses produced for proving the whole case; because crimes 20
and the like are considered as proved by so mucb proof, as also on
account oE the text oE Ka.tyiLyana
3
viz. "In complaints for
cohabitation with women, crime, and theEt, what is kuown as the
point nt issue is considered as established in its entirety if only a
portion of the point in dispute is deposed to by the witnesses." (20). 25
Viramitrodaya.
In the course of an exposition of t.he fuuction of t.he king, the
Author gives illustrations of trials bassd on facts, as also those influenced
by mistakes
Yajiiavalkya, 20.
LikMtam, 'written', in the plaint &c., the written .Uegatio.us
made;. naikam,' many', in mOle than One (particular), such as, gala,
gems, clothes, &c., the who ni/fnute, 'denies', i.e., __
1, Verse, 3ge. 2. YAjii. II. 19. 3. VersB, 397,
30
706
Vlramitrodnya-Oll an nmlertaki1lg.
[
Yiijiiaua17aya
Verse 20.
the entire claim, he, ekadese, 'in one particular' such as, merely as
regards gold or the like, 'proved', i,e., by means of witnesses,
as &c., has been completely proved to have taken, sarvam, 'the entirs',
claim which ie the subject matter of the complaint, "rpe!,a, 'by the king',
5 Lo the plaintiff, dlipyaly" ' sbould be oompelled to p.y '.
This, moreover, in regord to one particular (item) of the plaint
which was establishsd, when other particulars have not beeu proved here
as alae in the CBse of a special agreement, that' if even oue particular is
proved, I shall pay up the whole.' There, the first has connection with
10 nctual facts as may have occurred, the second is based on a subterfuge.
'not alleged in the plaint', i,e., not set out in
writing before. The particle, tu, 'however', has the sense of cka,
, and', As to tho port other than the one particular in regard to which
the claim is proved, euch as gems, &c" although not proved should not
15 be ordered by the king to be paid, This .lso is an example of a trial
connected with an error, Vide the text of Katyayana
1
: "Even when
only a portion of the matter alleged has been deposed to by the witnesses,
in charges of iotercourse with women, hsinous offence, Bnd theft, the
whole of the mat,ter alleged shall be deemed to be proved." In cases of
20 theft aud the like, although proved in one perticnlar, the whole is to be
paid; so the (20).
S'ulapapi
Yajnavalkya, Verse 20.
One, wbo of tbe many counts in tbe written allegations, suob as
25 gold, silver, copper &c., denies all, be, wben proved as to one
particular sucb as gold &c, all i. e, sil vel' &c" be must pay. If when proved
as to one particular, having ascertained tbe plaintiff's, he says" this
other also was forgotten by me ", sucb a one not having been written down
at tbe time of the plaint, should not be admitted, and no royal penalty (20).
30 It muy be said "Where the defendaut sets np B denial, and the
denial is not confined to one of tbe many particulars" &c. is a
text; so is also "In suitE involving several connts &c." a
text, Thus there being a mutual conflict he tween these two
Smr:tis, why are they not considered as uuauthoritative as they are
+. V.rae 397.

6 .
,
:,',','
J
"

':[
1
',,',(,'
,
j
i!
Y djil.avalloya ]
Verse 21 (I).
opposed to ellch other? Why resort to (the rule oE) adjustment'?
So' the Author says :-
Y[ijIiavalkya, Verse 21 (1).
Where two smrtis conflict, principles of
707
"PAGE 16. equity as determined by popular usage 5
shall prevail.
:-Where smrtyoj'l,between two there
is mutual vil'odha,j'l, collflict, there for the purpose oE removing the
. conflict aud determining' the matter iu issue ny[iya, principles oj
equity, comprising geueral rules together with the exceptions, 10
balavan, shall prevail, i e. (will) have Eorce.
From where should these principles be obtained? so tbe
Author says :-wyawaharataj'l iti, as determined by usage etc.,
obtained Erom general usage i. e. ancient usage as observed among
tbe elders and as determined by the two testa of affirmation and 15
negation.' Hence even in the present case establishment oE the rule
is the only proper test. Thus should be applied even in other caBes
the rule regarding the adjustment and the rule of option.
l' R'f'lOlfWlT see note 4 further on PP. 708-709.
2. Note that here me!ll1B
3. these two terms, which arB likely to recur often
and have an important place in the rules of logic and also of interpretation.
3{;::;P:r predicates a constant and invaria.ble concomitanoe of the middle term or
[[ and the major term or n'jj1!r"l'li"lf@(r'f'1:) The familiar instance of
this is:-'1=1' '1.:f I[,q: rr=r ''is!' Eff;lr:. 'Wherever there is smoke there is fire'-the
invarhble co.existence of fire with smoke is called in logic the relation of
'invariable Ooncomitance' or a:p:.pfc'1l1g. Oorresponding to and the opposite
of the above is whnt is known as the gn'1rr{q:;'<ilfrrn- or an assertion of the cancomi.
tanee of the absence of tfj\:'1f and the absence of B. g. 'If:f <r-f
,[qr.srq o:rrfiil "Whereever there is no fire, there is no smoke also.
lI
The student
will find n. fitting comparison with this in the (1) UniveraaLA. Proposition of
the English Logic e. g. All m is y and the (2) coavertedA proposition e. g.
All not-y, respectively, A cause or 1m: is said to be connected with
its effect by a:r;::p:rcqrr{<:IHlfIlH when both the nffi,rmativB and negn.tive relatioDs
between the thing to be proved and the canse that proves cnn be eqnally
such a ili'! alone makes the argument perfeotly sound and
of refutation. This process of arriving at the Vyfipti or ulliversal proposition
correspo'1ds to the methoris of agreement and difference in Mill's Logic. (Apt(J).
The application of this in the context will be seen from the following
illustntion: The qnestion is whether a partioular usage is proved to exist
or not. Instances of its affirmation and un entire ab3ence of its negation or
lIon-enforoement would prove the cae tom under the :3V!'f"l\lrl;<!; texte. .
, . '. . " - .
708
Mltll.kl:'hori\-Rulcs of Law a7u]. Politics.
[

VerBa 21 (2).
To this general rule the Author mentions an exceptiou
yajiia.va.lkya., Verse 21 (2).
The rule however is tha.t the science of la.w is
stronger tha.n the science of politics.
t> :-The science of politics e.g. the wor" of
stands already excluded by the text
An exception 'in conformity with the principles of legal
to the general rnle. science' '; so tbe 'science of politics' referred
to here is the one forming part of and incorporated
10 in the I science oE law' and characterised as the science of polity.
In the case of a conflict, virodha., between two i. e. from the
science oE law and the science oE politics (respectively), the science
oE law is stronger than the science oE politics; tbis is the rule,
(lit.: position) i. e. limit. The meaning is that although in themselves
Ul there is no distinction between the science of law and the science of
politics as the autbors of both are oE eqnal' (authority), still the
principal subjeot (0 treatment) being law, while politios having only
a subordinate position, the science oE law has foroe. The importance
oE Dharma has already been demonstrated beEore in the beginning oE
20 this treatise
3
Therefore, in the oase at a conflict between the
(soience oE law) and the (scienoe of political,
undonbtedly the Artha,'astra will yield; and there is no scope Eor
any rule of adjustment or oE option for a Vishayavyawasthtt\
( f'lq'l"l'!l'''I1 ) or a Vikalpa ( foi'li.q ).
1. yajii II. 1 p. 1. II. 13 & 14 above.
2. Or it may even be translated IlS} 'as both are the compositions
of the same (author.)' <l'fR<li'"'PIl I
6t11;r-equal, or it may also IIlean, SBIDe. The meaning is that even if
the same author laya down two texts, one in the nature of a 'cTq text and the
other an aN.-rI"- text, still having regard to the fact that it is the 'l1i,"1"- which
is the 1I'l1'f or principal subject of treatment, the texts pertaining to the'lQ.-r11il
will have foroe.
3. i. e. in the Introductory chapter I verses 1-9.
4. these two terms M-"IljQ'lfiffi,U !lnd
(Vikalpa),menns option i. o. the rule of option. mean,
adjustment of the sever11lsubjects by appropriating ,each t9 its properplaee.
Y Ii iildva lkya 1
v," .. 21 (2),
objection siat6d. '
What' is the illustration for this (proposition)? Not certainly
the text of Manu' viz.-" One may slay without
An Ohjection. hesitation a desperado' who approaches (with a
murderous iutent) whether (he be) a preceptor, a
child oran aged man, or a deeply versed in the Vedas (351). 5
By killing a desperado (intent on doing harm), the slayer
incurs no guilt, whether (he does it) publicly or in secret; (for in
sucb a case) fury recoils upon fury'. (352). Also," One sbonld
(certainly) kill on the field of battle a desperado who approaches witb
an intent to kill, even though be were a special scholar of tbe Vedas, 10
and thereby he does not incur tbe sin of a Bril,\lmaIJa-killer" and
similar otbers are the Arthas'dstra texts.' "This expiation bas been
prescribed for unintentionally killing a Bril,\.1maI.la; but for
intentionally slaying a BrilllmaI;la no atonement is ordained," and
According to Sallskrt writers if there be a direct Bnd clear oonflict
between two texts, both lOBe their binding character, and one is left to nccept-
either at his option. There iB also another course whic'h is resorted to and thEit
i, by assigning the affirmative ('f19) and negative (81q19) clause, to their"
proper and appropriate places und thus removing the conflict. An eXllJD.ple "
will make this clear. 'I A may Bat flesh. 11 This conflicts .,the ..
general prohibition of flesh against Bra:p.IDal;la. Then follows the appropriation
( f9'trtr';;'lf9fqf) viz. " a northern Bra:p.maJ;la may eat flesh-a Southerner must not.
i
, . .
The reader will note the two texts, an appnrent complict between which ,has
introduced V flrse 21. .' -
A very good instance of fffq;t;r !lnd may be found- in Ynjn II.
277 I 9rS'1'QI 9JSI'ii " Oommenting
upon this (ir,rl'l'l, says fl;r![Pl! llql<rDr 91 1
and this i, further made clear by f9iil'Jl'lllF in the IIoflf'r-fr thu,-.rIffi'9JI9i1: 'W!<;I[ <flI1
d'if'ffiI&'J '19 I 'fRO! lfll'P31&'J qij-{if iil'rr 1
It will thus be noted that either of these have ll. scope when there ian,
conflict. The Author here says that there is no room for resorting to either as
there is no conflict at nll.
1. From this clau,. down to p. 711. line 17 iB Btatedthe objsction j or
th, K'fq*. 2. Oh. VIII. 351.-352,
3. This word has been translated as 'nn .assassin' in the
Sncred Books of the East j but having regard to its wide connotati9n a.
a"porado would be a proper rendering.
4. Note the gloBS of KallGka. iiiI'1'r(ilQIRofr lP'Illl'fq;i
I i. o. the violence of the aBSailant generate, and fosterB the fury
of the per,on attacked. 5. Manu. XL 89,.
5
TN)
1\11 ,-
[
Y dinavallcya
rr se JJ 1 (2).
such others are Dharmas'astra texts; and it is proper in the case of
a conflict between the two, tbat the Dhal'mas'astra should have force,
(since), these two (kinds of) text. not being likdy to be in (reference
to) one subject, there would be no conflict, and the consideration of
their force or weakness does not arise.
M.oreover, premising with the text! "the twice-born may
take up arms where the law is being flouted &c." and proceeding
with tbe text' "in their own defence and in tbe defence of tbe
in a battle-field, and in the pl'Otection of women and Brii\1mal,as;
be who kills witbin the limits laid down by law, incurs no guilt. "
L5 one is not amenable to the punishment for slaying in a fair fight aD
assailant as also one who is intent upon killing women or Bra\1mal)as
(while engaged) in selE-defence or in the defence of the dalc"hi,.a-
wealth collected for distribution among tbe BrlthmBI,as assembled
at a sacrifice-and (other) utensils used for a sacrifice, the text viz. one
may etc. a preceptor, or a child or an aged man' etc. has been given
as an explanatory< affirmation of the sames. Implying tbereby that
one may kill even the preceptor and others who are absolutely immuue
from being killed, when they attack with a murderous intent,
20 what theu of otbers? From the use of the words wil
6
(or), and also
of api (even) in (tbe text) "even tbougb be were a special scholar
of the Vedas' &c." the inference is not (inteuded to be) suggested
tbat tbe preceptor and others should be killed, as also from tbe text
of Sumantu viz. "There is no guilt in killing an assailant (with a
25 mnrderous inteut) excepting (when it is) a cow or a Bri1\1mal)a:' and
also according to tbe text of ManuS viz. " Let him not injure tbe
preceptor I nor him who expounds the Vedas, nor tbe mother or the
father; nor also the Bril.\1mal)as, cows nor an ascetic." Tbis text is
used witb a purpose (lit. meaning), inasmucb as it is intended to
30 prohibit the killing of the preceptor and others ( when they approacb)
as assassins, and not otherwise, as the prohihition or murder in

1. Uanu. VIII. 349.
3. Manu. VIII. 35l.
5. L e. Ohap. VIII. 349-350.
7 _ 8ee above p.709 1. 5
2. Manu, VIII. 350.
4. al>l'fl'l'l:'
6. In Mann. VEL 350 (See above).
B. Oh. IV. 163.
.- J
Verse- 21 (2).
general is already dedncible rrom. the general pt'inciples (of law).
Even the text' "by killing a desperado the slayer incurs no guilt" is
intended to apply to others than Since, (by the text)
" an incendiary, a prisoner, one armed with a deadly weapon, a robber
711
and one who causes the deprivation of land, wife, and wealth, these 5
six are (known Atata.yinas) desperados or felons" anditlso " one who
is armed with a sword, poison, lind fire, who is ready to utter a curse
with hand nplifted, who kills by means of A'llia?'va?fa charms, who is
a traitor to the King, who violates a married woman, who is ever
ready to prick B hole (whereever found) one should know these and 10
all such others as desperados or felons the Atataylna
bave been indicated generally. Therefore tbe result istbat when
and also others are killed as Bssailants by inadvertance
while being : warded off by one acting in self-defence and having no
intent to murdel', in sucb a case a light expiation will be (sufficient) 15
and no punidhment from the King (will be necessary). Therefore
another illustration sbould be cited here.
(To the above objection) the answer is: "As acquisition of
a friend is superior to the acquisitions of gold or
%. PAGE 17 land, one sbould endeavour for his acquisition" 20
An Answer is an ArthaBastra text. "In conformity with
tbe principles of legal science, and divested of
anger and avarice" is a Dliarmas' astra text. There occurs a conflict
of these two in Bome cases. As e. g. in a suit where the procedure
is of a fourfold character; if suCCesS is secured to one pll{Y, 25
acquisition of a friend would be made, buttbe Dliarmas'astra would
not be followed; while if success is" secured, to another party, the
Dharmas' astra would be followed; but (it) would prejudice the
acquisition of a friend, in Bucb a case the Dliarmas' astra has more
force than Artliasastra. Hence A'pastamba has shown the 30
importance of expiation in tbe text
2
"This very same (penance is
ordained) for him who wben his Dharma {duty) and Artha (gain)
come into conflict, chooses the Artha." By the expression "Tbis
very same" the twelve yesl'"'expiation
3
is intended.
1. Manu. VIII. 352. 2. I. 9. 23,
3. S66 Ap.stamb. L 9,24,20.
11
Viramitrodoyb-Rule" 0/1 .. .( GOlifl,ict.
. 5il'Ilnlitroday I!
[
Yd}navalkyQ'
Vllf"ae'21 .
Indeed, when' there iBaconfiibt bet,veen two S'astra texts, howiB
a Buit based on factB to be di.posed of ? . So the-Author Bay'
Yii;jiiavalkya, Verse 21.
5 VyavaMrato,' 'B .. deter.auined by nsage.', in the maUer of
0. point in laW-Buit, : between two $mrtis 'J i.e., two texts
of Dharma s',btra".when there iB a auutu.l! conflict' 'virodhe, tu,
'indeed " o(eq'uity " ,',e,,' the principles. of logic
helpful in effdctlng:an adjustment 6ftbe.points at lssue,balavdn, Bhall
10 prevail', i.e., stlal! determine: In.liort',. wliitiheveiSmfti iB adjustable
in. p.rticnlar topic,accordingto logical principles in that matter, that
Smrti is anthoritative. By the word tu,"however ',hasbeen excluded
the power of iSmrti,when in confiict'with S'"uti. ABhas been said':
.. When there is" cqnflict betjVeen ... S'ruti text and" Smrtitext, S'ruti
15 alone preponderates. On ,n confiict mntually inte" se, however, what
is in accordance with equity is authoritative."
The use of the word Smrtyoiy" between two Smrtis', is indicative
of the texts of .the same category. rherefore it should be 'understood
tha.t where between two S'rut{textB only;or two Artha sastra texte only
20 there is ... mutual difference, principles of logical r'''''Bon .are decisive.
By the use of the ;.vord tUi " second time, are exclnded the
PUril!!a8. By this, when compared with the P2l"il!!as, the Dharma-Sastl'a
inoorporating the 8mrtis ie not (more) powerful. On the other hand, a,
with two Sm?'t;s, when there is confiit' mutually between a Sm?'ti text
and a text, the greater Or leBs power or wea.knesBiBdetetmined
'by regard to the principles of logic, wnichare helpful in securing the
subject of the plaint. (21).
S'ulapa\li
Yajnyavallrya, Verse 21.
30 Jihena, conflict ar\ses betwe,en two Dhll",'maS,!stra
:sbould be decided by following the maxim of "the,general rnle and the
exceptiol1:" Thus: "Hel' wI,,) enjoyes without a' iawful title; as by
his father and three prior ancest6r&, the property cannot be . ta,lt'en . away
from him because it has descended throngh three lines' of ancestors, '" and
35 ,. He' who enjoyes without title for ever so many hundred years, the ruler
1. Seo Nil.rutlo. Oh. I, U 1. 2. Oh. I, 87.
713
f the-Ianp inflict on .,thatsinN]' lnan the punishment ordained
,r "thief" ,.bfthese tw'o texts; 'oneof i Dharma"q:slra. and another of
lrthaslislra. when there isa conflict. the IJhILrmaslislra text .propounding
roprietorship by a successiveenjoYment.-for three generations. (althougb)
ritbout a title, bas force, It is in oonflict .cw.itb tbe Dharmas{jmra tsxt 5:
,ying down a' punishment for possession without title eventbougb
Dr one bundred years. So' Narada': .. Where there is a confliot
etween a Dhannasdstra ,text and an Arlhasastra text . giving up tbe
1rthasiistr{i text; one' should act up to wbat. is stated in tbe Dharmq-
astra". (21) 10
It has been said above' that "Next, the plaintiff should
mmediately. have written down the evidence by meanB of which the
matter in diBpute is to beestabliBhed"; . What are those meanB?
mticipating this the Author BayB :-_.
yajiiavalkya., Verse 22.
Evidence has been stated to consist of a writing,
possession, and withesses. In the absence of any of these,
the ordeal is said to be another (means ot evidence).
15
by of) which a thing is
meaBured or discriminated is pramal).a, ell.idence. That, moreover, iB 20
twoEold, viz. human arid divine, ,m theBe roanavam, human
evidence iB (oE a) threefold (character ) viz. likhitam, bhukti!i,.
writing,posses8ion and witnesses; BO it has
been laid down, kirtitam, b
J
learned sageB. Then (again), writings
are oE two kindB. AS'a.sami., royal :grant, anil:'Chirakam, a 25
scroll or deed, A Royal grant has been defined' before'. A scroll or
deed (iB:as) will ,be defined (hereafter)'. Bhukti!i, possession, means
enjoyment by (actual) occupation. -Sakshi1}.a!l, witnesses, i. e., of
the character and kinds to be described
1. Oh. 39.
2. P"T.(Englisbl'r .. p !l12: line" 116:above).
3. yoji'i. I, 318. p, 530, 4 ... Y'3jff,iI,
{j.-: o. in Section :
714
0/
. It may be said that a writing and witnesses may properly he
. (accepted as) evidence as they may be inchlded
ThKfour kinds in the sabda
'
mode of proof (Prama'l.'a), as they
of evidence. serve as a medium i. e. of expressing (the
5 meauing of) words.' But bow cau possession be
a mode or proof? To that the answer is that even possession
when satisfying certain (specified) conditions will invariably and
correctly measure the probative valne or the sale and other transactious
which are (set up as) the basis of ownership, and assist an inrerence
10 (to be drawn), or in the absence of a direct inference, a conclnsicn
may be drawn by implication, and thns it (i. B. possession) may be
inell1ded either in an inference (Anumdna) or an implication
(A1'thllpatti) and be a (good) means of proof.
In the absence of any or aU these three (modes of proor) viz:
15 writing &c., the author has mentioned' the evidentiary value of any or
the ordeals, the character and kinds of which will presently be
described, subject to the conditions a8 to the kind, country, time
and the (particular) thing. That ordeals are (to be accepted as) a
mode of proof only in, the absence of human e,videuce is inferable
20 from this very te,xt, as the nature and conclu.iveuess of ordeals are
derived from traditional lore, i.e, Agama-Texts. Hence where
two persons simultaneously go to an officer oE law in reference to a
matter in dispute between them, and one adduces humau evidence,
while the other resorts to the divine test, in such a case the human
25 evidence alone should be accepted. To the same effect is
Katyayana' :-" 1 one (party) sets up human evidence and the
other resorts to the divine test, in such a case the King
should accept the human evidence and not the divine test".
Even so where human evidence is available for establishing (only) a
30 portion oE tbe principal point (at issue), even there the divine test
should not be resorted to. Thus, in a suit where the complaint is
tbat 'having received a hundred at this rate, the deEendant does not
pay it back' and upou a denial (of tbe claim by the defendaut) tbere
1. One of the several The Naiyn.yiks recogni:e only
:four vi;:;. 313tfl'f, a''l'11A' Ilnd !iTliiif. The Vednntins Elnd the Mlmiimsakns
add two more vi,. and a:r<i1'l1il, while the'Siinkhya. admit only three
viz .. qrzJI;1", '3ffI1t'i and
2. 31!'Q01f1*-": &c.
3, i. c. in the principal verSB of Y'<jiiavan<ya. 4. VB!!e, 218,

Verse 22,
The mau;;m of partjor tho 1lJ7IOlc.
715
are witnesses for (establishing) the acceptance of the loan, but not for
the (particular) amonnt or tbe rate of interest, and the plaintiff offers
to prove his case by an ordeal, in such a case, inasmuch as under the
rule! (0 procedure), viz., 'regarding proof oE a particular portion
only,' the p1rticular proof about the amount and rate of interest 5
follows (by implication), there is no scops Ear an ordeal. As has
been observed by Katyayana,' :-" Even iE the human evidence
offered by the contending parties cover only a portion of the subject-
matter, it should be accepted, and not the divine test even iE it (i.e.,
the divine test) be sufficient to cover the whole suit." As for the 10.
rule.-" The trial oE secret offenders must (necessarily) be by meaus
oE ordeals", even this (test) is intended to govern those cases where
human testimony is unavailable. As to what has been said by
Na.rada
3
viz. " (Where a transaction hus taken place) in a forest, in
solitary place,' at night, or in the interior of a house, and in caS:5 of 15.
heinous offences or of denial oE a deposit, a divine test is permissible";
even that is (applicable) when humau evidence is absolutely impossible
(to be adduced). Therefore tbe general rule (that naturally follows)
is tha t a trial by ordeal is allowable only where human evidence does
not exist. 20
An exception to this, however, has to be noticed
5
viz. "In
trials concerniug heinous offeuces of a long' Htanding or in the case of
aSRaults or slander or concerning Bcts proceeding from violence, the
ordeal itselE are the witnesses."
Moreover a similar rule is found in some pIsces about a 25
writing, etc. As in 'determining rules laid
* Page 18. down for pugets.' the S'rer:is, and Getr:as and
other trades, the evidence (to be adduced) is
1. also called as 6. g . .liJtQ;or 9T frr;ir
'It'! 'n'lil 'I I See the on the Batra I. 1. 56 Cf
the rule or' Part ror the whole' 2. Ver3e 219. 3. II.30.
4. Dr. Jolly takes (;hf., as an adjective of 31,011 a.nd translates" in n
solitary forest ", but BBe the glOBS of Asnhaya on this :-" sHolt 9"1
I" 5. RfLtyana, Verse 229.
6. Or it may aha be'interpreted as 'in protracted proceedings, in trials
of heinous nffences &0. the and being t.aken separately.
Cited as or B,haspati in V. Mayaakha. see. p.ll, 1. 14.
7. [IT and "i]oTl, See yujii. II. 30 and Mitnkshara where Vijiiane,wara
thus defines.-[lTI:-<l'J.ll"l: I "''''''flifr'fi ii1'il\!'ifI'liii"'<'lI'ff'f'l!l,,"f \ nnd
'f1'l1"f1il1'fril"':i1n'iI'fI'ltli'!CJ[IIn",.r;'l"fI1 'r'fi 'II: I
716
Vlrnmitrodnya Bud S'illapi'loi-Rclati'lJe U81'.. of tluwc.
[
l'liFr.!walkll(l
VerS6 :J2.
writing aud not an ordeal or witnesses'." Similul'ly'-' In suits
regarding the right of door or way, or the right of erecting or
making these, as also in suita regarding the of a snrface
or waterconr,e, the most important (means of) proof is that of
5 possession; and neither an ordeal nor the witnesses.' So als0
3
" In suits regarding valid and iuvalid gifts, in disputes betWEen a
master aud his servauts, in CBSes of rescission of (the contract of)
sale, and also where after pnrchasing a thing one does not wish to
pay the price, in disputes (arising out) of gambliug (with dice) and
10 hetting (with animals), wherever a dispute arises in any of these cases,
witnesses have been prescribed as the means of proof, and not an
ordeal or a writing."
Viramitrodaya
As if distributing the relative or weakness of buman and
15 divine evidence as means of proof, the Author proceeds
Yajiiavalkya, Verse 22.
Likhitam, 'a document', i.e. a writing capable of helping the
determination of the point in dispute; bhukti/J, 'pos,ession', i.e., the
occnpation of the village, &0., tbe subject-matter of the dispute;
20 sak,hino,' witneesBe " us the Author will describe hereafter.
. 'By the nse of the word cha, 'and' the Anthor adds the syllogistic
rea"oniog ot.herwise known os Pmtyakalita as another means (of n
decision). Tbus fourfold means of human evidence 'has been laid
down', uckyate. by Echolars, and recommended to be followed. The
25 afore Eaid cha, follows here also; thereby the oatbs are otber-worldly
means but distinguishable from ordeals as stated by Narada' is
added here also. (22).
S'filapa\li.
Yajiiavalkya, Verse 22.
30 These three means of proof, in cases of recovery of debts and like
others, in the absence of documents &c. of the nine ordeals such as the
Balance and the rest, anyone is (regarded as) tbe means. Their strength
and weakness are stated by Katyiiyanu:' "Divine me!111S of proof is
not permitted. wheD witnesses exist; so also when there is !1 document.
35 neither ordeals or oaths".
1. EJitra.yana, Verse 225. 2. Ka.ty1iyana, Verse 228.
3. " . =, 227
1
228, 4. Seo Gh. T. 30 and Gb. II. 30,
I), VerBo
]
Verse 23 "(1).
priority amd jorcll,
717
As possession is determined ill the. form of all inference,.the use
of possession is characterised as inferelltial.. S.o even B,haspatP,
"Witnesses, documents, and inference, thuB human evidence is 1egarded
as three-fold. Divine evidence has been stated to be nine-rold beginning
with the Balanc. and ending with Dharma. But thllmention of 5
possession is indicative of greater force than document". (22).
When there is evidence on both sides, and when there exist no
circumstances which would help in discriminating the strength or
innrmity or either, (a question might arise) how should the strength
of slveral proofs adduced by the plaintiff and defendant be 10
determined? Su the Author says
Yajiiavalkya, Verse 23(1).
In all' civil disputes regarding property, evi.dence
adduced in support of a later transaction preponderates.
:-In disputes for payment of debts, and others 15
in all civil disputes, artha. viwadehu, latertransanc-
tion, uttara kriya-that which is established is a i. e.,
investigation or proof. When the evidence in supPJrt of a later
transaction is established, and it preponderates, balavati, the
party setting it np becomes successfnl ; and (in such a case) even if 20
the allegation in the plaint be established, the party setting it up is
defeated. As e.g. where a certain person establishes a loan bJproving
receipt, while the other party proves its non-existence by repayment,
in snch a case where the receipt and payment back are (duly)
established by (proper) evidence, this (evidence of) paYlllent back has
force and the party who sets up repaYlllent sncceeds. Similarly,
where after first taking (3 loan) at two per cent. a party acknowledged
1. Oh. V. 18.
2. ar!iiil'll'f-Tbis has been: rendered by lIfi: ilfandlik BS 'money-dieputes.'
B,B.ving regard, ho wever, to the proper . and scope. of the frxprssBion
it would not be an accurate trnnsll1.tion-:: Au' is (1. dispute
reg.aIding title to or possession of property and the pro,perty may be mov"eable
or immoveable. This has been mnde elear by auth,or himself .in hia gross
"on Y.l.j5. VorSt' (2) eoe. Sanskrit p. 111. 5. '1-l);'I!iig': . An
in used in opposition to a or any stich stiits 'the" migin
of which is in a,ome threat or" !;dmilar act and J19t in -'1 BubatantivE!' claitrl to
property.
718
[

VerBe 2S un.
(to pay) at three per cent., in such a case even when there is (good)
evidence for both the facts, the acknowledgment at three per cent.
has force. Because the general rule is that of two cOtltradictor.y
facts unless the prior fact is refnted, tbe trutb of tbe later one does
5 not become established, as it comes later (in order). It has also been
said" a later fact is not established, unless the prior one is refllted. "
The Author mentions an exception to this (rule)
yajna.va.lkya, Verse 23 (2).
In the ca.se of a pledge, a. gift, a.nd a. sa.le, however,
10 evidence in support of the prior cla.im prepondera.tes.
:-In (any of) the suits concerning a
pledge and others, proof oE a prior claim alone preponderates. It is
thus: when a man after mortgaging his only field with one, and after
obtaining some loan, again mortgages it with anotber and obtains
15 sometbing, in such a case, it (i. e. the field) belongs to tbe first only
and not to the second. So also in the case of gifts and sales.
It may be urged that there being no ownersbip (left) in tbe
subject-matter of a mortgage, thereafter a second
An Objection. hypothecation does not appear permissible;
20 similarly, also the gift or sale of what bas been
(already) given or wId does not arise at all; and therefore tbat tbis
text is (tbm) meaningless.
To this the answer is, even when no ownership exists,
and still when from ignorance or avarice
The Answer. one has a mortgage made again (over tbe same
25 subject matter ), in such a CBse the prior
alone has force. ThuB it is proved beyond doubt th9.t this text
is based on reason.
Viramitrodaya.
By the text': ' Whon the firat claim is invlllic!ated, &c.', it has
3) been stated that when the answer has greater potentiality, the evidence
for the defendant is taken. The,e tbe potentiality of the anSwer
consi,ts in the greater streugh of the evidence ae exhibited in the
answer, so the Author point. uut the (element of) strength in the
evidence
1. yajn. II. 17. See p. _ 5Go 11. 1 above.
]
Ver8e 23.
Vil'smitrodnyn-Ill mortgage I Bale xc"
Yajfi!lvalkya Verse 23.
719
Sa?'ve!!l,u, 'in all', 'in dispntes " where the suLject
matter is ths recovery IIf a debt, of tbe evidence on the two side", i.e.,
of tbe plaintiff and the dofendant, set out by them each as th. moalls
of securing their points, between the two, that which is of "later 5
period, bas greater strength. Thus,where the statement of oue is,
'a debt has been taken from me by him and he owes it', and the state-
ment by t.he other is, 'Yes, iudeed was taken, but it was paid off', there
the evidence in support of repaymsnt bas a greater claim. Similarly,
When the first loan was contracted nnder an agreement of a as 10
the rate of interest, but later on at the rate of a and that has
been by eo me arrangement, in such a case, evidence in proof of tbe latsr
arr..logement has Il greater claim. And where money depositeli with
one has been deposited with another, there it should be understood that
the bailment with the latter hae greater force. 15
The word eva, 'however', is to be used as comiog after the word
uttard, 'later '. Thereby, an eqnality of force of the prior one with it
has been exclUded. Similarly is the word eva; in pU1'vaiva, 'prior only',
is to he explained. In some places, in the place of' in all civil, &c.',
the reading is, 'prior in civil, &c.', pw'va tu iti. 20
Here, the Author states an exception; A'dha1l, 'in the case of
a pledge', i.e., in a transaction of pledge, p1'atig1'Ctiw, 'in the cat1s of
a gift', and in the case of a sale .lso, the prior one of ths same kind in
each case has a claim in preponderance. The similarity,' moreover,
consists in the prohibition to dispose of at will, and the destruction of 25
one's ownership. ThuB where after a mortgage with ons, a mortgage is
effected wit,h BoDother, there, the firet mortgage is stronger; also, where
after an accept.nce or purchase by ooe, anot.her has resorted to
acceptanc, &c. a, a msan, for (acquiring) ownership, there the iiret
acceptJ.u.ce, &e., is more forceful. This is the meaning in substance. 30
As against tl mortgage, !l. transaction of accepto.nc8 as a gift) and
the like, being deetructive of the right of ownership, whether of a prior
or posterior date is iodsed stronger. Thus it should ba understood that
by regard to He being not obstructivs of the free right of disposal by the
owner as he likes, . whether of a prior date or of a posterior date, " 35
mortgage which is obstrtwtive of' the free right of disposal by tbe owner
1. A quarter of a Pa7La.
2. In tL tntlls[lction OI [L pledge, the Ireudom of disposal of thll ()bjllct
of the pledge which with tho owner before is restrained, and the
right of ownership becomes extinct ill the otber two traUSu.ctiullB.
12
5
720
S'UlopaJ;lI-P,'ooj' of laler trallsaaliolllJ pfcvaila.
[
yajua-valky."
Verse 23, N.
according as he likes is more powerful. This very thing, says, Nii.rada
in Ratnakara: "H!l.vlog made 11. deposit with a mortgage with another,
where OUB makes E1 mortga.ge, or 51),1e there, the later transaction iii
more powerful." (23).
S'ulapani.
YJ,jiiavalkya, Verse 23
, In all,' i. e. such as recovery of debts and the like, the later
transaction i. e. acceptance of loan &c. is stronger i. e. is entitled to be
pursued. One aud the same thing, was deposited with one under "
10 loan and taking it from the"e, it was deposited under a loan with another,
there, proof of the later transaction preponderates. In the case of
pledges etc. however the prior one is stronger. That which is accepted
as a gift is an acceptance (23).
While wishing to establish the evidentiary value oE possession
15 when ,\ccompanied by certain qualiEying circumstances, the Author
proceeds to mention other results which flow from li certain kiud of
possession
Yajiiavalkya, Verse 24,
Of him who while he sees his land being enjoyed by
20 another (for twenty years) looks on and does not object,
the loss of (the right to) land occurs after twenty years;
of money (the loss takes place) after ten years (under
similar circumstances).
:-PareJ).a, 'by auotber', i.e. by a stranger,
25 by one having no connection (whatsoever); bhujyamanam, baing
enjoyed, -i. e. either land or wealth; pa,s'yata,jl abruwatajl, of
one who looks on and does not object,' i e., does not prevent bim; e.g.
thns-" This is my land; you should not trespass"; of that
of land (thus continuing) for twenty
30 yen?'", hal1irbhavati, DGwrs a loss, caused by the enjoyment for
twenty years without protest. Dhanasya, of wealth, however,
(i. e. moveables) such RS the elephant, horse etc. the loss occnrs
after' ten years.
oj oumcrsldJl.
Indeed this is not proper: Certainly ownership does not
become extinct on account oE non-protest,
(1) Objection. non-protest not being known either in papulal.'"
usage or in S'Ctstra as a cause oE extinguishing
wnership, (just) as a gift or a sale is. Nor is ownership acquired
'y possession for twenty years; because possession is not the (means
,f) proof of ownership; also because (of the rule that) evidence
prarnCt.1Ja) does not create the matter to be established (pmrneya)' it
I. e. the prarn(l1.w,) has also not been mentioned among the
:ircumstances givin!! rise to l! title by ownership. For (in the text)
, A man becomes owner by inheritance, purchase, partition, seizm'e
)r finding. The additional (mode of acquisition) in the case of a
. Bra(trna1,a, is gift; in the case oE a K$hatriya gaim oE conquest, and
.n tbe ctlse of a Vail/ya and S"l2dra gains (by lahour)", Gautama.
2
mly mentions these eight as the sources of title by ownership,
(he does) not (mention) possession,
Nor would it he correct to say that this very te:&t demonstrates
'* PaD'e 19
o '
(2) Objection.
a twenty years' possession as an originating
cause of ownersbip, A title by ownership or
its origin are indicated (even) by general popular
repute, and riot (necessarily) hy the 8' Ctstra alone.
This, however, will be more fully dealt with iu the chapter on
Partition. The text oE Gal1tama is only intended as (laying down)
a rule of limitation,
Moreover, the text' viz. "He who enjoys without a title for
ever so many buudred years, the ruler of the
(3) Objection. land should inflict on that sinfnl man the
punishment ordained for a tbief." is opposeq
1. Ili{lf (P1'amo,lla) is that which is to be establiShed; , the point at issue,'
lIqplT (P,amap.n) is the means of establishing the point at issue. The meaning in
the text is that n. pramCr.?ta or evidence can only i11diaate or prolJo something which
is already in existence i it c!.l.nnot creat!! it; i. c. n. p?'amri'!ta cannot be the
'originating Clinse' of n. p,'ameYl.
2. X.38-40,
3, Bee Subodhini, p. 13.1 12, and 13alambba;!i p, 31.11 26-28, on this.
4. 13alambhn.Ha nnd others fl.!!cribe this text to llfanu. It is not to be
fmmd in the editions of ll1ml1l, It is, however I found in the Narada Smrti. 87
721
5
10
15
20
25
7 22 jloss(JsailJ'll 111Jt a bU/Jia Wle. [Yiij ilavnlkya.
V lJfSC 24.
to the theory that withont title is the so\U'ce
of ownership. Nor aho wonld it be proper to say
that the text" He who enjoys without Il title, &c." is meant to apply
to a possession withont notice (to the owner), /lnd tl,e tex,
5 "Pas's'yatob1'Uvata(,l &c." to possession with notice (to the owner).
The text "he e;1joys withont a title" heing general in its
stutement. As Katyayana' also has said: "One who has forcibly
taken away beasts, women, or men should not rest his case on
possession (oE these) nor his son also"; the rule has thus been
10 establisbed, that moreover an extinction of title is not possible in
case of a with notice as it is improbable tbat llny cause of
an extinction of title would (be suffered to) exist.'
15
20
25
Moreover, it sbould not be snpposed that inuRmuch as the
evidence in support oE prior acts preponderates in cases of. pledges,
gifts, and sales, this (i. e. the present) text is intended to lay down by
way of au exception the preponderance of the evidence of transactions
later in date amounting to twenty years' possession in case oE land,
and ten years' possession in case of wealth (or moveables). Since in the
cuse of these in reality a transaction itself is not possible, it is
only (that which is) one's own (property) th% is fit to be pledged,
given away, or sold; and there can be UQ ownership over what has
been pledged, given away, or sold. Moreover a penalty has been laid
down for a gift and acceptance of that over which he (i. e. the giver)
does not possess ownersbip, thus': "He who accepts (as a gift) that
which may not be given, as also he who gives it shall both be punished
like thieves, and both made to pay the fine ordained for an offence
of the highest degree (UttamaSahasa)." Moreover if this verse
were to be (accepted AS) an exception to [the rnle regarding the three
L i. e. Y'jii. II. 24. 2. Verse, B11l.
3. rrhe construction hore is rather peculil1\'. The clause etc.
in 1. 8, is to be tn.ken as part of the objedion alrelldy commenced and
not fiS a objection. The construction here is typically terBO_
iBnl:;!(1. The menning would be fully brought out by the following complete
statement 01 the ollmponent parts in their order 1
1 All e:stinction of title is not probablo in the case of u possession
with notice'; bECftUSe no one would allow any circumtunce to exist or
continue wldell would in the end lend to an l'xtinction of title.
'1. See HiLrnd. 011. IV. 12.



i;
j
I
'
',',
1
j
)
j
1
I
I
I
,
Yd.iiiavalhyaJ
V llrSe 24,
of ZacheR,
(transactions) IJiz. pledges etc.] the verse next following (1:. e. No. 25)
does not appcar proper as an exception in the cases oE pledges,
boundaries etc. Therefore tbe extinction oE (title to) land etc. does
not, appropriately follow at nil. Nor is the cause of action lost. For
in the text :-"0 him who neglects and stands hy if a period as
aforesaid is passed, the suit does not succeed," Na.rada has
mentioned the extinction of a remedy at law when there is laches
and snch laches is not accompanied by circumstances explaining it ;
he does not lay down tbe extinction oE tbe ri,ght (itselE). Similarly
in tbe text "IE tbe owner is neitber an idiot
'
nor a minor and iE his
chattel is enjoyed (by another) beEore his eyes, the remedy hy a suit
is lost to him and the (ad verse) possessor becomes entitled to the
property." even Manu' has indicated the loss oE remedy only at law
and not of the title itselE. Tbe less of the remedy at law would be
in this way. Tbe person in possession might say-"Tbis man not
being either an idiot, an inEant or a minor, I have enjoyed (tbe
property) in his presence witbout a protest for twenty years and there
are several witnesses in (support of) this. IE it was (a fact) that I
was illegally in possession of his property, then why should he have
stood hy for so long a time?" and here the (true) owner would have
no answer. This even althongh he would have no answer as
(indicated) ahove, an investigation on facts is still open-vide tbe rule: 3
"After discarding all circumvention, the King should decide disputes
according to actual hcts".
It may also be said: "Even though the title is not extin
guished, nor (alsol is the remedy lost, still there would be the danger
of the loss of remedy, and in order to avoid this it has been laid down
as an advice that one should not stand hy. (To tbis) however (the
answer is that) it is not so; for, possession (which is) within memory
cannot be IJ, cause oE creating any apprehension as to the loss (oE title);
(and mDI'eover) if tbe only object was to lay down tbe role that (one)
should not stand by, the nse oE the term twenty would be withont
a purpose.
1. Mark the following text of NZirada distinguishing 'iif11:), tfi1js, and
fug. :>llS1:QlW<lnmjJ: I 'fl;> >T"'"!! II j
2. Oh. VIIl, 148.
3. yujn. II. 19 P.ge 700. 11.10-14 above,

5
10
15
20
30
7.24
It may next be said thilt by the use DE tho wOl'l1 twenty, it
is intended to lay down the I'Ule that possesgion for more than twent.y
years (in itself) serves as a refntation oE all objections regarding the
defects or flaws in the docnment, as says Katyaya,na,l ; "Where
5 pos,ession is enjoyed oE property belonging to aile who is competent,
for (a period of) Ovel' twenty years ilnd under a docLlment, that
document is (presumed to be) free from (all) defects." Even that is
not so ; for in that case the rule that after t.wenty years all objections
regarding flaws in a document become barred, having a general
10 application, it would not be possible to set up an exception even in
the case of pledges etc.' As says Katyayana
3
: "If a pledge is
actually enjoyed as such for tweuty years, it Ii. e. the pledge) is
proved hy that document (which then becomes) free from all
(objections as to) defects." So also", "After a boundary dispute is
15 settled, a document describing the has been ordained;
its defects shonld be pointed out hefore twenty years (have eJapsed)."
By this, the text, viz. "( the loss) of money takes place after ten
years" is also refuted. Therefore another meaning should be
expounded for this verse .. '
20 To this the answer is:' Here the loss intended to he indicated
is that of the profits (or accession) of the land as
The Answer. well as of the wealcb, not of the corpus itself, nor
" Page 20. of the right of a suit at law. For, even if at
law the owner gets (hack) the land arter twenty
25 years' possession without protest (hy him), still he does not get a
tight to follow the proceeds, hath on account of his own fault in
the form of non-protest, as also on account of this text. In the
case of a possession without llotice, however, he (i.e. the owner) secures
1. VersB,
2. i. c. to say, ond thereby the text of Yiijfiavolkya II. 25 would bo
meuninglesa.
3. Verse, 300. 4. Verse, 301.
5. Here ends the objecti.on which began with the words " "
on page 721, 1.1. above.
0, Vijn5.neswanl drn.ws 1;he following nfter the above discussion.
The reau,:,! will note this as a very goo(l instance of 11 of the Snnslq:t
logic. Vijnfi.neswuTI1 first gives alitern.lmBnning of t.he verse n.t p. 18 11. 25-27.
Then he starts a discussion from p. 18 1. 28 and drl1ws the conclnsion or
rn;;:::rn on p. 20, 11. 15.
\
I
I
j
i
,
I
I
I
I
Yd.inavallCyaJ
Ferse 24.
of fruit, lIot oj th(J corpus,
the right to follow the proceeds also, uuder the text, Pas' yato &c.
(Yi1jii. II. 24), and also in possessiou with notice and protest, under
the text, <ye. (see above p. 720.1. 19-23), before twenty
years, he succeeds (even) when there is possessiou without protest, as
the term twenty is used. 5
It may be objected, thus: Indeed, in tbat case loss of profits'
would not follow, inasmnch as tbe profits arising therefrom possess
(the characteristics of) ownership. (To this the answer is), True; it
would be so where the accession would remain in tbe same condition
without detriment to its natnral state as is tbe case with beetle and 10
jack fruit trees &0.' 1'h1t, moreover, wbich arises (as profit) from
the land and is perishable by use; in such a case there is loss of
ownership as the thing itself has perished. By the text': "He who
enjoys without a title even if it is for many hundred years, the
ruler of the land should inflict on that sinful man the punishment 15
ordained for a tbief, " it would follow that assessing in (terms of) au
equal money value an amount equal (to the profits) should be made
payable as (is done) in the Case of " thief; but tbis conclusion is
refuted by the text, "a loss takes place after twenty years."
Moreover the punishment from the king still exists even (when the 20
enjoyment is) for more thall twenty years on account of a donble
1. Mark the word Cfi'M" Its literal menning is fruit. Here
it has to be variously rendered as fruit
l
profits, proueeds, and accession
accoraing as suits the context in each pltticu1n.r case. c/o F1'ucillS of tbe
Roman Law.
2. The meaning is that such aocesiolls as remain unaffected even when
the fruits have been ramoved would not fall under the term t:fi(?" in the sense
that the right regarding would be lost. In other words, where the
accession is itself the as in the case of crops, grauDdnnts &c, there is no
third stage between the land and the fruit and in each case there would occur
the But where the huils or profits nre distinct from and a further
addition to things which in thetn!:!-elves ure accessions to the land, such things
have a permanence of their own and aro to be di::;tinguisbed from the fruits
which nre perish[tble and nre of a tra!lsitory chnracter. Accessions of the
fonner kind do stand wiLhout any dotriment to their state c. 9. mango-tree!
though the frnits are taken awny the tree, whic.h in itself is distinct frum and
an accession to the lnnds, si,auds uDufi'ected .
. 87.
726
5
reason vi;. the possession being without title, and there being no
exception stated (to the general rule).
Therefore by reason of the defanlt oE the owner in the shape
of neglect or laches as also on accannt oE this text, the rnle is
established that those proceeds are not recovered as are lost for more
than twenty years. This also explains the text-" in the case oE
wealth the loss takes place after ten years." (24).
S'nlapa9i.
Yajfiavalkya, Verse 24.
10 By not raising a dispute when (land) is in the possession of
another and with good will is heing enjoyed by him, after twenty yea.l"S
the right of ownership becomes lost. That which is covered by twenty
years' ia twenty years' (possession). Vyasa states a special rule:
"For twenty years, one whose land is enjoyed by others in this
15 world, when a competent rnler exists, the right of ownersbip of that
man cannot be established ".
Dha.nasya, ' of the wealth' such as of the cow &c., dasm'aTshiki hel:nih
'the loss occurs after ten years ". Manu': "Whatever ( chattel) an owne'!'
sees enjoyed by others during ten years, while, though present, ue suys
20 nothing, that (chattel) hesha11 not recover". (24).
30
YiLjiiavalkya Verse 25.
Except in the case of pledges, boundaries, open
deposits, wea,lth belonging to the dull in intellect, the minor,
as also in the case of sealed deposits and even in the
ca,se of wealth belonging to the kings, women and
Br{l,hmal).as.
:-The pledge and a boundary and an open
deposit (together make up the compound expression) , pledgeH,
boundaries and open deposits'; the dnll in intellect and the minor
(together make up the compound) 'the dull in intellect allLl the
minor,' Tbeir wealth (is) " the wealth of the dLll! iu intellect and
the minor", " pledges, boundaries and open deposits" and lIthe
wealth of the dnll in intellect and the minor" (make D l' the
compound expression) -jada b(Ua.- dhan{l,ni,
1. Oh. YIll. 148.
.,i

'.'1::.
..
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ytl,;uavalk:ya, ]
Verse 25.
pledges, bounchries, open deposits and the wBalth of the dull in intel/ect
and the minor; tairvin[i., e,vcepting these,
U panikshepo, an open deposit, is wealth placed for safe
custody in another's hand aftel' 'exhibiting the quality and the
quantity. As says Narada
'
: " Wher" a man colrDsts any property
of his own to another in confidence and without ilUspicion, it is calied
by the learned a deposit-a (separate) title of law." Placing uear is
( called ) deposit.
In the case of a pledge &c. no loss (DE title) occurs DE land
even after twenty years, or of wealth aEter ten yeai'S, even when tbe
owner looks on and does not protest; because (in that. case) thal' kind of
deE"ult of a party is wanting, and 81so inasmuch as in each such case
exist circumstances which explain the (apparent) delay.
Moreover the possession of a pledge is held with tbe condition
DE the pledge attached to it, and thus there is no default by a party
even if there is delay.' A delay is permissible io the caee ot (disputes
regarding) boundary as it is easy of proof on account of the marks
made permanent by (the spreading of) husk,' fire etc. Iu the case
of open and ordinary deposits, use and enjoyment (of the subject-
matter) is prohibited; and where such possession is in transgression
of the prohibition, the neglect or delay is explained as the party gets
the property with interest and profits; in the case of the 'dull in
intellect and tbe minors,' delay is very justifi.ble on aCcollnt of the
dullness and the minority; in the case of the king, on account of
his absorption in varlous duties; in the case ot women, on account
of ignorance as well as imm"tmity (oE intellect) or unskilEulness. As
for a learned delay is proper, as he is engro,sed in studying
1. Oh. iI. V. 1.
2. 'l'hat kind q[ default ff'G"rlirl:TFf i. 0, of tho kind which would bring
about a loss of title.
3. i. e, even if the suit is not brought. within the period ordinarilv
assigned for suits, of that nature .. bringing aD a.ction-lacher:. "
4. g-q-( /,Uslw) 18 the husk of paddy. among Q!;her things, is
interred into a pit dug deep and cO'lered over by the earth. r:Ihe marks created
in this wny acquire n pormaDellce \v.llich is not lost an(l serve as good evidence in
deciding houodury disputea; sec further on Y[ljIJis III 151 vijfili,neSvn,r's
comments.
13
727
,5
10
15
20
728
5
lIC1:tllc awl, the Z;c/./.ll' llwj;im.
and teaching (the Vedas), and in thinking over theil' import and
bringing it into practice.
Therefore in the caRe oE pledges elc., there being a (proper)
reason 01' (explaining) delay in nil C.lses, no loss 0: profits ever
OCCllrs (even) when tbal'e is possession with notice and without
protest.
Viramitrodaya.
Means ofevidellce have b38n stu.taI, as aOGurueub1, &c:. Il'here
inf'ereutiul evidence has been expolludBd; t,llD.t consisting of witnesses
10 will be ,tateel later 00; :tnd iu t.he m'luner 01.' the rIlle
'
'of the needle
and the keLtle', the Author e'pollnds pos,esBion as a meaos of
evidonce, in six Vertl6S
Y:'jiiavalkya Verses, 24, 25
Without a roortgl\ge or n. simi1;Lr other ti'11U:Jn.ct,ion in regllt'd to
15 one's owe, eve" wl1ile oue is 11lokiHg ou, n.nel Hoi; ,,".,orting thllt 't.hi,
laud is mine' aud thus oot protc6Liug agaiu::ll. tho llOSp.esBDf of one's
land, beiog occupied 'by I\uothp.r/ . c. by one other than
oneself, 'fOf Il. period of twenty i. e. by [1 cou-
tiuuous possession, the lOBE occurs.
20 Of one's i. c. of one's ownership or the movn.hle,,, sneh as the
CDW &c" which is held ir:t POSSBSAioD, t.he lOBs after t.au yelll's.
This is the special poiut. (of tiilrerennf:l), 'IOSfJ 7 i. e.
destruction.
'pledge
7
i. c. 11.0 enllnmhrl.l.llee; sim(i" 'bollndary,' i. c.
25 the bOllndll.ry of u. village &c.; upll,nikJl!?JHt{t
J
OpBU i. c. un
article made over to !1Dother fit'ter f1sc.8r!.:1iuiug its qllll,lit,y &c., jarJas,ya,
'of the dull in intellect.,' bd,lasya
l
'oft!. minor,' or of o.n udolet3cent below
sixteen years in age ; "property, 7 sur.:h IlS t.he cow, lu.ud &c.
Upnidl16!I, 'of " deposit,' i. c. of placerl io "vessel
30 without being measnred ont; and the propertios relu.ti[Jg to the !1
woman, and 0. learned umli. By the US'} of I-,he word, 'nlso,' the
Author includes propert.ie" ment.<oocd hy Brhaspa.ti" viz.: "Such
1. --!Tue In[Lxilll or the lllll:ltlle 1LlHl tho It is
ll:!.cd to denote, tlHtt \vllon two things, one easy :1ml anot.her difficult
l
are
intended to he dOlle t:l:o,t whieh it! easier should be first attended to, as when on6
has tu prepn.r_c It nemlle a11o. :1,lwttlu, 011e slloulu talte np tilO Doodle lirst, us
it is ensier u.s compn.reli with tho preparation of n kettlo.
2. Oh. IX. 12.
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y o.tiw valklJa )
Verses 25-26,
5'lHnpltl)i
1
MitlH'9hnrfl-Pcrmis8ive
729
wealth as is J,03sessed by fi sou-iu-lllw, :1 learned or by the
Iting or his ministers, does uot, become their property as ownerd, even
after a long period or time," (25)
.:..-.--
S'iilapa1f i .
Yajfiavalkya, Verse 25.
' a deposit', placed in a vessel, without mentioning
(the details) and with a seal, what is deposited, thus stated by
Narada'. a dullard', one dull in intellect; 'a minor',
5
i. e, one who has not reached the a.ge cf sixteen; 'a bailment \
what is made over for use out of affection, striyuly" 'women' e. g. female 10
servants and ths like. Excepting these, in other properties, after the
prsscribed period of occupatioIl, the right of the owner becomes extinct.
These do not become the property of the person is posseseion.
Brhaspati' mentions another rnle also: "Sucb wealth as is
possessed by a son-in-law, a learned Bralfmal)a, or hy the kinp; or his 15
ministers. does not become their property even after a long period of
time ". "Of the weak, indolent. those afflicted with a disease, the
terrified and the travellers, property which beiongs to them under a
8r7.'wna grant, cannot be taken away by possession, even if possessed n,
fia.sanG.l'7.lc1ha. 'entered in a ISYtsana grant I . e. engrossed on [L copper 20
plate 01' the like. (25).
The Autbor mentions a rale imposing special penalty in
cases of pledges &c.
Yiijiiavalkya, Verse 26.
A trespasser upon pledges etc. should be made to
pay the principal amount to the owner, and also to the
king a fine of eqnal amount or according to (his) capacity.
Mitakshara :-Of pledges rYe., iidhyiidinam i. e. (the
text extending) as far fl" tbe wealth of' learned Bl'ftP.maIf's' (in verse
25 above); 11'espasser, one who bases his title upon tbe strengtb of
longcontinued pos3ession dhanam, 17.e amOlml, i,e. tbat principal
amount the subject of dispute.
Here the clause d1i payet, should be made 10 pay,
cha tatsamam, to the owner. is au Anuwada' and the clame as
1. Bere according to S'ulapa'9.i an is a staled depOSIt.
while the Mitak?harii and the Viramitrodaya interpret it a' an open
deposit. 2. Oh. IX. 12.
3. A Vidhi is the principo.1 statement and nn mUlUJada is only an
explanatory repetitioll of a Vidhi; or is also sometime refe:rred to as
11m, and as a:rtTlR" e. H.
The menning is that payment of a fine, the imposition of a penalty
is the principal thing, while rEstitution or compensation to the owner is only
a subordinate ons.
The words :i%;:qtr and require a special notice. is the
snbject of nn assertion j it is otherwise caller} an explanatory repetition
25
30
730
[
Ydjiw;valkya
Versc2G.
also u jine clJuill to it, ,;, c, eCI"Jal to th,) amount in dispute should be
mild" to pay to the king, is thi' Vid"i, Although a nne of an equal
amount is nd in thJ.:l \.It (l honse, lands &c, still the penalty
DJnution8d further on (YtLjil. II. 15,1) vzz.
:) PilQ'e 21, 'For d';strovinr
r
bonndary mark.s, and for
'J J 0
cncro:;ching beyond &0,' ;houlc1 be adopted,
H perl-HlpS, the on account of his immense riches
not (lib:iy to be \ pl'1uisherl by a fine equal in amount
to the prineipal, th811 he hr_' made to pay an amount Becording
10 t" hi,' C',!X,,,itS-(i, e,j ,u much should be can sed to be paid, by as
mneh rtS his arrognnc6 \Nnu!d be turned down. For in the text'l!-
"Tlwy c1ecbre that the ';vore! diu,cla is derived from damana (taming
down 0,' resil'aining) ,J therefore he (the king) should restrain the
nnrestl'alned. " the "vord da'w!a is used in the sense of L'estraining
15 01' taming dnwn, B", 11OW"Vel', who does not po;sess wealth even
equal in amount to the principal, shonld be made to pay only 80
much as would (se!'ve w) punish him, He, who has no
money whatever, 8bon1<1 be puni,hed by the (,everal modes oE
puni,blmllt sncb :Is) dhipdm"da and others, For Manu also says':
211 "B" sb'mld pnni,h fi"t with the expression ( dhile) fy ! or shame!
iheu hy in ',ars,h) rep"'l'lf; thirdly by aHne (in money\, and after
that, by thl':; puuisllment or chastisa.ne,.t. J1
The pl1niSfllYLPnt 8" cbnstisement of the body hHS been
indicuted to be tenfold In the C!lSe or persons excepting
25 Bru,hmnws. says Ilil:a,l111" "Mann, born of the SelE-existent
hus lTIcm;i',l1i'd in th; caf:e o[ the tIm;" (lolve!') varl).as (orders) ten
u1Hces fcr (inHicting) pnllhhrnont; hut n. BrfLI,liIIIlJ).!l shall go unhurt
(f!'om the ennntl'Y)' (lbe ten pine's HI'C) the urgan, the belly, the
of, or-ndorence to, is !],lremly mentioned i is the flLCt, or the qnnJity
rl:;sert.c{l of lIte iIi IE! otJhorwise tho predicate. and is to be proved
or T1Jl.3 is already known or aS5UIDI'c1lls estfLblished; whi1e the
h t;lmt tn o5t,nhliBlt tbe con llecr,ion of ,,,,l!ielt wilh the m<r is the obj!-'ct of
the proposition. To !J,n i1\usin.'.tion: is Here Devndfl.ttn.
is the Dr the subj:et; (JUG being nlref1rly kDown or assumed us established
.is from. {mother }-lolut, of view nJ:Hl un 3i::r".flq i but, II wisdom 11 is that which is
to 1.)(1 establL,hecl "\vith rsferenee to Devfld.!1tta) and is therefore the
1. of Grmtml1,'lX. :18. :1. Oh. VII!. 3. Dh. \71.11. 121-12fi.
i
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VenlC JJD. J
tongue, tbe two hauds, the two reet, tbe eye, the nose, the two ears,
the wealth, and "Iso the (whole) hody." It should be ohsel"ved
tbat the punishment should be administered only to Rueh parts oE
the body as the organ &c. by means of which an offence has been
73t
committed; or (be) should be made to serve on lubour, or be 5
consigned to a prison-house. As has been said by Katyayana
1
;
" If it is ronnd that he is unable to make the payment of money,
he should be made to work under bis orders; if unable, be sbonld be
consigned to a prison-honse; excepting (in the case of) a Brlihmal;a ".
In the case of a Bd\hma1)a, however, in the absence of money, 10
'prevention of tbe act, etc.' should be orderecl; as says Gautama
2
:
"Preventing (a repetition of) the deed, publicly proclaiming bis
crime, banisbment, aud branding (are tbe punishments for a
B,ii.hms,,") and he (i. e. the king) who does not do his duty
(by iuflicting punishment) &c.
3
" Narada' also after 15
laying down the law viz. "Corporal pnnishment, conlisca-
ti0n of entire pmperty, banisbment
S
from the town and
branding, as well as amputation of the (guilty) limb
are (declared to be) the punisbments for S6Jwsa of the bighest degree;
tbis law of punishment is ordained Eor all (castes) indiscriminately," 20
has said,' "Excepting (ouly) corporal punisbment in the case ,of a
Bril,hma1)u. A Brahmsl)" must not be subjected to cJrporal punish-
ment. Shllvina of the head, banishment from the town, bmndinO"
o 0
on the forehead witb n mark of the crime of which be has been
convicted, and expnlsion aEter parading on an ass shall be bis 25
punishments." The rule for branding has (tbe,.e) been laid down
(thns)-" For violating a Guru's bed (tbe mark of) a Eemale part
sball be impressed; Ear drinking liquor, tbe sign or " tavern; for
theft, a dog's and for murdering a Briibm""" beadless corpse.' "
As for the textS of A-pastamba, viz. "In tbe case of a Briillmal)a, 30
bis eye-sight "bonld be blocked," tbe meaning thereoE is that at
1. Verse,179.
3. 'rhe text, given here is not complete.
3ltl"J=ill 8: i.e. lhe king who does nlJt do his
himself liable lor a p';)nD.nee.
2. XII. ,17.
The full text of .n('ft:{ being
duty in this way mn.kes-
<J:. Oh. XIV. S. 9.
5. is uS6d here in the Senae of into exile.
G. Oh. XIV. 9. 10. 7. Mnnu. IX. 237. 8. II. 10. 27, 17.
732
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l'dJulL'l!IJ.fkl!!'
.... Venlc :J1i.
the time of banishing a Bl'ftl"tHLI!.l [rom the town his eye-sight
should be blocked by meallo oE a cld\b, ete., and not that bis eyes
should be pulled out. For otherwise thetc w,m1rl be a contt'arliction
with the texts of lI[anu and Gauts,ma, "" Brilhma,la should
5 he exiled unhurt " "a eDI"!'OJ,,) pllniHhmcnt is not (It1.id down) for
a Br;ll'mul.la." ,so enongh of prolixity.

In the case a <Lui.! other above, by reason
of the force of posSe.SSiOll
1
not only or tfle ptni30il in POB!'oB!-don if. t.here
10 no title by OWlll3r.ihip est,a.bHgilt:!d
j
hut Ou other hll.l1d! for Gue wbo
takes it away by the force of enjoyment, there;8 even punishment; so
tbe Author says
Verse :J6.
Adfl.y(ulliH'i'ln
l
'of pledges &c,' pll.rLinllllLrly liS owner, ha'l't!"1'am,
I:, 'trespasser,' one who it f1t hi8 ple.ftmre, dlwnine, 'to the
owner' i. e. to the OWller of tbe prOpBrty pledg<.\d, dlw,nam, 'the property'
in the form of tbe pledge whieu is trle sllhieet, 0[" di,pnte, dftpayet,
'Bhould causa to be pl\i. t,' the inf]uidng oHiacl'.
Tatsamarn} , eqtlul to that,' i. e. iu specie f1r by the v[!,!ne, 8 (} 113. 1
20 to the pledged 8rticlf', Or iu I1ccorci l11lC5 wl:th the c.apncit.y of the treSprl,,:Hier:
ifhe hus moderate W81dtb, t,btw thn.t.
J
!\lid it' more wealth,
even la.rger than that, 11 I peDf1lLj',' da?lija.'IIl
1
he to be paid
to the king.
By tho nse of the word ch:r., 'nn,]/ it1 added tho banishment
25 &c. of Due who has not even ordinary wealt.h. Tllf.l collectiou of indocli-
lll1b1es such as atha, {tpi, and lOU iH of' optiou. (20).
S'nlapani.
Yajiiavalkya, Verse 26.
One taking away the wealth of the owner by means of a pledge &c.
30 the Royal officer should compel to be restored to the owner. A fine
equal in amount to it. In the case of an incapucit,y to pay a fine to that
extent, even a small amount. (26).
I
I
Ydj l1ar:allcyaJ
Jlerae 27 (I).
as the basili of til,le.
It has been laid down that possession is evidence or title or
ownership wherever possession is un invariable accompaniment or
ownership. As, however, every kind or possession is not necessarily
coupled with ownership, it may be asked, what kind of possession (is
733
it that) is evidence? So the Author says 5
Yajiiava1kya, Verse 27 (1).
Title is superior to possession excepting where it (i.e.,
possession) ha.s descenclecl from a 1me of ancestors.
:-The origin or ownership, such as gift,
purchase &c., is (called) A'gama, title. It is mare powerful than 10
even possession, inasmuch as possession as an index or ownership, is
dependent npon title. As says Narada
1
"After (establishing) a
a clear title, possession obtains an eVidentiary value. Possession
without II title which is not clear does not make (any) evidence (of
ownership)." 15
Nor, moreover, can it be said tbat t,be title to ownership can
be obtained from mere possession, as it is likely that property which
belongs even to others may be enjoyed by trespass &c. Hence also
has it been said': "He who pleads posser;slon, only and no title of
any sort, should be considered as a tbief in consequence of his 2U
pleading such illegitimate possession." Therefore the conclusion is
that only that possession which is coupled with the five
chare.cteristics, viz. : thflt it is with title, long-continued, uninterrupted,
without a protest, and with notice to the opponent is (good) evidence
(of ownership). Moreover it has been stated
3
: "Even possession is 25
five-fold, viz.: it is with a title, longcontinued, uninterrupted,
without a protest (from the opponent) and with notice to'! the
opponent."
Sometime, however, possession is Hccepted as evidence and (in
snch a case) it does not depend upon titie, so tbe Author says: 30
1. Oh. 1. 85.
2. By Ni\rad. ell, 1. 8u.
3. By Vyii,a.
4. i. B. in the presence of the defendant.
7,':14
r
L i'd'd/! ;',',' (lj.
10
Vina, purwakram';'g'atfi.diti, e:J1ce}Jiin,q witm! it h,]s descended
ll'o111 a line of anr;estoTs; purvakra,maj:J., lJ.nt or' "r'ICGB/ors, is the
(continuec:i) line oE past three anC'::lSwrs sHch as tl18 fnthe!' and Lhe
rest. e.7Jcepting, tbat lhl8se88ion,
which has come down in th\tl Vln)'J k..tganlo
abhyai,hikah, titie ;8 SILIJlmu'!'; ttli, i" tile
context. The meaning is that 811Ch a 1I'05[1886ion iJeing u
to title is (good) eviLlence independently r)E title.
Even thcnt it is ind!:penclent 01:
title, und not or it, existence i.tself.
existence of title is deducible fro In
Ule knowle(lge ft (l.lwf'ni)
[t shon lel h, ll1arked that the
that U,if)., itself.
M.oreOVel', the text 'f:xcepting when it tln\vu [rDH1 u line of
ancestors I refer'S to p(H'ise,-::sion: i,vhih: i.ext" title is
superior to 1, rel'el's to \';;ithln HH.'lTlOl'Y. lIence
15 aha in the ease of possession withiu mern')l'Y, it (i_c, has
evidentiai.'Y value only when it COM8XifJu, \71th (the or)
knowledge oE title, beca"",, if tbe absence of kllowle.dge is not here
properly llccounted for, it is possible thut Ill' (absolute) absence of
(a leglll) title msy be presnmed, In the case of immemorial posses-
20 sion, however, a long con tinned possession is itself (-',vidence (01:
ownership) independently DE the knol'lledge ot titl", in that
case then, is em nbso!l1te absence o the mecms by which want oE
knowledge of origin (01' tide) is accounted -[01'. This very thing
has been made clc",- by 'K2"tyiiyana} " III enG"' (falling) within the
25 memory of' lHun, ill the COBB D[ land J is regarded Sf:l
eviilence or ownership whell it is with title. Bnt ill en,e,
(extending) beyoud humaIl memory, by Ibmc genel'a-
tions ouffices, on acconn, of the ab"enee (of k.]owledg,) or (the prDoE
of) title." Tilne withiil the meroory of ill,Hl extends as Eur as a
30 hundred years. As th"re is the S'ruti, "" (p,,,"/I.:"'w) mall has
3 hundred year:/ (duration) or Allug(J.lIlttbhliv(li, on ,1(!CDnnt
of the ubs8uue or pro()t -/ e'l cT\vinrr to the t1b"ence or a
posit.ive certainty as to the non-existence oE title on ,,"conn! DE tbe
1. HMIJ thlJrl3 is (1 miGta,ke in the print i [I, p. 1. i; for rentl

j. Verae, 321; ()OU11!, Nii.radn. 1. 89.
Ydinaoulk!la ]
Verse 27 (1).
Mi When dO{l1! 1)Q8Sflll!iol1 ct'C.1ic oWller'8Mp 't
nonexistence DE proper means oE the knowledge oE title!. Therefore
possession creates ownership when it is for more than a hundred
years (which is), unintcrrupted, withoat a protest (with the knowledge),
and in the presence oE the opponent and when the origin oE ti tIe has
'735
not been determined, inasmuch as a ( legal) title is presumed in the 5
absence oE (prooE to) the contrary. Even in the case where possession
extends beyond the memory oE man, it is not evidence (of ownership)
iE there is a tradition about its being without a title. Hence also has
1. this term. means or knowledge i and
an is its ab:!snce. An may occur in cases, vi;;. (I) where
there is a capacity for the peNsption, but still there is want of perception;
and in this case the is 'lfITLfr i and secondly (2) where there is an absolute
absence of capacity for perception and therefoTd there is want of perception
in which case there is Thus, may bo possible in two
cases (1) where the is due not to an absolute ab3ence of the men.ns of
perception of the EtC Buch as eyes &0. but still there is Here no doubt
there is an 3I''3ffira<r in spite of the existence of circumstances necessary for au
:Jt{iJ5"[C'l i. c. there exists an initial capaoity for the but still an
imperception oecnra and so the is 'ifl'l"<rr. Stated in languagt1, wuere
there is :Q1rq"ffi for but still there is an we have a See
Balambhatpi P. 42 1. 3. I" (2) where, however, there is an
absolute absence of the (.nnnn) capacity for perception, there i3 no possibdity
of an at all as e g. on n.ccount of blindness &c. in such a case thpre is
but not a so t,here is Do I
In the present context, where the possession is recent, it is possible to
ascertain the origin, but there may exist circumstances which mny account for
the non-knowledge of the origin, in such 11 cllBe there is
In the case of long-continued possession the origin of the title is not known,
a.nd it is not known because it is I1bsolutely impossible to know it. Here there
is I
The purport of the above may be put in short and simple language thus:
of !L thing m(1Y be due to two circumstn,nces vi:. (1) n,bsence
of means of perception but with a capacity to perceive, and (2) unsence of the
capacity for perception-In (1) it is >i\''!I;;WIa:r;, in (2) it is >i\"",QOl=HIl"f19: e. g.
the question is whether a man is learned.' For determining this, learned
men are required to test the capacity of the man who eays that he is learned.
If learned men are available and still the capacity or learning of the man does
not come out it may be properly said that the learning does not exist at
all-here there is 11 But if learned men n.re not o,vailable !lnd the
capacity remains undetermined on that account there is an which
may be ex-plained by a proper renson and therefore there i:3 0. I
14
73(;
[

IT"", 27 (1).
it been said
l
that "He wbo enjoys without a title even if it be for
many hundred years, the ruler oE the land shall inflict on tbat sinful
man the pnnishment ordained for u thief."
It should not, however, be supposed by the nse oE the singular
[) number in "He who enjoys without H title" and the use oE the word
even (api) in "even if it be Ear many hllUrlred years," that a punish-
ment has been ordained (only) for the first acquirer without title
even if the possession is held Ear a long time. This does not hold as
(in that case) in the case of the second und the third generation even
10 a possession withont title may come to be accepted as evidence (oE
ownership), as Narada' has said: "In the case of the first acqnirer,
gift is tbe (proper) cause (oE title); while for the intermediate
generations possession with title (is the cause.)" Therefore in all cases
oE possession withont title the rule ( laid down in) "he who enjoys
15 withont a title &c." shonld he observed.
As to what hus been said' viz. "When possession has been
successively held, even though unlawfully, by the three ancestors and
the father, the property (so beld) cannot be taken away from him,
because it has descended through three (snccessive) lives in order,"
!:lU even there, it should be construed as "by the three ancestors along
with the father." There also the expression "descended through
three lives in order" is indicative of a period beyond the
memory oE man. (Becanse) if it be taken (only as) referring to tbree
(particular) lives, it is possible tbat three lives might be over even
25 within the space oE one year and possession withont ownership might
become evidence (oE ownership) eVen in the second year (of
occnpation). And in that case there would be a conflict with the
Smrti" "In cases (falling) within the memory of man, in
tbe case oE land, is regarded as evidence oE ownership when it is
,,0 with title."
The text annyr'lyellflpi yadbhukla1!' 'wben p05seEsion has been
held even thongh unlawfully &c.' should be construed as ollows:-
"what has been possessed Clmnot be taken away, even though it be
nnlawEully (beld); what then where the illegality (oE tbe possession)
1. By Narnda 1. 87.
3, Namda 1. Ul.
2. See K5.tJ'fLYl1na, Verae 322.
4. Of KiLtyiiyana, Verse 321.
j
I
I
I
I
Yc.ijiiavalkll
lL
]
Verse 27 (1) & (2).
is undetermined", inasmnch as the word api (even thongh) has
been used in it.
As to what has been said by Harita viz.: "What has been
held in enjoyment in continuation by three (generations of) ancestors
7.37
without any title whatsoever and what has descended throngh three 5
(snccessive) lives in order, cannot he taken away", even there, (the
expression) atyantamflgama11} villfl 'withont auy title whatsoever' is
to be explained as without any available title &c. and not without
any title at all. It has (already) been said that there cannot be
ownership even with a hundred (generations) of possession if the title 10
itself is Dot available. The import of lcramflt
'descended through three lives in order' has been explained.
It may be said: "Possession cannot properly he accepted as
evidence of ownership, because when it is within
An objection. the memory of man it is dependent upon title. 15
For, if title is known by otber means (of proof),
then ownership having been establisbed by the same (means),
possession is not evidence either of ownership or of title. And if
title is not known by other means, how can possession which is
qualified by title be evidence?" (To this) the answer is as follows: 20
Even possession which is accompanied by a title thoul'h proved by
other means when uninterrupted creates ownership in course of
time. A title though proved is not sufficient to create ownership
in course of time, (if it be) without possession, as a gift or sale in
the meanwhile might create a title to ownership. Thus the whole 25
is unobjectionable. 27 (1)
It has been said that possession is evidence (of ownership)
when it is accompanied by title; then (it may even be said that)
title is evidencil (01' ownership) independently of possession. So
theautbor says 30
Yajiiavalkya, Verse 27 (2).
In a title also there would be no force if there is
no posseSSion even for a short time.
738
:-In (the of) a title
possession even for Q, short time does not
that title) there is stokapi not Eullfarae Balam.
[
Yd,inaualkya
Vursli 27 (2).
where bhuktifl,
no; in that (. e.
This is the meauing intended. A Dana, gift, is that where
5 there is a cessation of one's ownership and the
", Page 23. commencement oE another's ownership is secured;
if the other accepts it as his own, and not
otherwise. Acceptance, moreover, is threeEold. lvlenlal. ManasajJ.,
Ve"val, V[ichikajJ., and Physical. Ka.yikaschil.. Of these the
10 1I1{inasa or mental is in the form or a (mental) resolution that 'it
has become mine.' "Tbe Vachilca or verbal is an ohjective'
recognition of tbe lhing (as one's own). with the ntterance of the
words" this has hecome mine. " The Kftyika at physical is oE mflny
sorts vi:;. by actnal receipt or by tonching (the subject matter) &c. In
15 this respect a rule has been laid down: "A deer-hide should he given
by (means oE touching) the tail, a cow by the tail, an elephant by
the trunk; by the hair, should similarly, a horse be given and a maid
by the head." ABwala.yana also says.-" The consent oE sentient
beings should be obtained; non-sentient beings and a maid should be
20 touched."
There, in the case of gold (i. e. money), as physical
acceptance becomes complete only after the offering of the water,'
clothes &c. all the three modes of acceptance are observed. In
the case of land etc., however, a (complete) physical acceptance
25 being impossible witbout tbe enjoyment of profits, the acceptance
should be by possession (for) howsoever short a time (it may be;)
otherwise a gift, or a sale does not become complete. Thus a title
becomes weak iE it is unaccompanied by (actual) physical acceptance
in the form oE tbe enjoyment oE profits, because, there Bucb a title
30 i. e. one with possession is wBntimg. This,' however, would be
1. is the Same as hn.ving reference to n. particular
condition Or ohject. Nate the ordinary process ill doily offerings. e, g. (1)
"ri[! (2) 3lWl .;t, (3) 'I 'l'I Thus it typifies the essenti.ls of donation "io.
and Q'Htrr9tf1IH cf. Donat-ill of the Romnn Law and its essential!!.
2. As dist,iuguishEc1 from the land &0. ill which Cfl.se n.cceptullce is not
complete unt.il 'profits are gathered in.
3. For an exposition of this passage [Lnd its context Bee the
Sk. p. 45 ll. 4-6.
Y riJu"'IJulJ.;yU]
VCT1I6 27 (2).
MI FowuZai,iollB 0/ lille.
where the priority of time between the two is not known. When,
however, the priority of time is known, a prior title alone will
have force even if it is wanting in (the necessary) qualities.
Or again, it has been laid down' tbat evidence is of three kinds
739
viz. writing, witnesses and possession; it may be asked, where all 5
these exist together which of them would prevail and where? So
the answel' that would naturally suggest itself is this: "Title is
superior to possession, excepting where it (i. e. possession) haR
descended down from a line of ancestors. In a title also there would
be no force if there is no possession even for a short time." The 10
meaning is this. In the case of the first acquirer, title established by
wi tnesses is even stronger than possession, unless there is a possession
which had come down from a (successive) line of ancestors. Such
possession moreover, coming down from a (successive) line of ancestors
in the cuse of the fourth generation becomes stronger than a title 15
estubiished by a writing. While in the case of the intermediate
generation, a title accompanied by possession even though sbort. is
superior to a title withont possession. This very thing has been
made clear by Narada': "The origin (of title) in the case of the first
(acquirer) is gift, in the case of tbe intermediate (holders) possession 20
with title, and in the case oE possession which is long and continued,
(such) possession is itse(f the sale origin." 27 (2).
Viramitrodaya.
Possession without a low/at origin (eveu though) extending over
mare thau three generations is not evidence of title, but only such as has
a lawful origin; so the Author say, 2"
Yajiiavalkya, Verse 27.
Ths possession which i. other than that handed down in a line
i. c. come t.o from the preeeeding lines of ance,tors Buch a6 the fatber,
and the three ancest.ors, even greater than that, and different but arising
out of it iB the agamah, 'origio of litle' such as Bale, acceptance of a gift 30
&c. by reason of the derivation viz., 'comes' i. e. becomes
one's Olvn, by which, that. The prepoBition, ablli is used to secure the
portB.
1. i. 11. in verse 22 above p. 713 as means of evidence.
2. Of. RfLt,yayana, Verse 322.
740
Viramitrodnyn nod S'fllnpfl.tli-PllBBCSui.olljor Ihree yellcrniioug, [ Yd}ilavullcYIL
VerBs /27.
Indeed if thuB a legal origin of title is neoessary to be
established, then for establishing one's own proprietary inLerest, a
oontinuity of possessiou would be useless. (Antioipating this question)
the Anthor says-In regard to property suoh as land, &0., even if a
5 little, as oompared with possession for three generations, i.e., for a
short time even, POSs8Fsion dOBS not exist; there even a. legal origin of
title bas no farOe, i.e" will not be helpful in establishing the objeot at
issue. Even if the existenoe of a legal origin of title be proved, by
reason of the same not hl1ving been prover! to bave been pursued, for
10 establishing it, it is neceSBat,r to est.blish contiuuity of possession.
This is the meaning.
A1t.hough, a leg"l origin of title bas not been pointed' separately
as 6 distinct menns of evidenoe, still, it should be notioed that it is
included in' inferenoe', added to by the word "Ita' and '.
15 For three generations, i.e., possession enjoyed for thre6 generations
even if without (the establishment of) a legal origin, is still suffioient
to establish the point at issne, So it wtll be stated further on. (27).
S'n1apani.
Yii,jnava1kya, Verse 27.
20 In the case of land &c. a legal origin of title handed down from
past generations is stronger than possession. Therefore, possession
transmitted through generations is stronger than title. So Brhaspati:'
"A witness prevails over inference; a writing prevails over witnesses;
nndisturbed possession for three generations is stronger than both these".
25 Vyfi.sa mentions possession by three generations: "That which was
held in possession by the great-grandfather; and also by hie Bon after
him; and after these two, by his father also, the possession of such a one
is for three generations". Brhaspati:' "Should even if the father,
grandfather, and the great-grand-father of a man be alive, possession of
30 the (possession of the) three during their joint lives together is to be known
as possession for one generation ",
Title also becomes powerful, when possession even fol' a short time
does not exist, So Nlirada:' "Though a dooument be in existenoe,
and witneses be living, particularly in regard to immovables, that which
35 has not been held in possession is not permanent." (27).
1. i. c. in Verse 22 above.
J. Oh. IX. 23-24.
2. Ob. IX. 32.
4. Olt, I. 77.
YiljilUttalkyaJ
Vt:Tse 28.
By the text' "Pa,qyata(l, abruvatalJ, etc." [while ( he) 8eeg
docs not object etc.], it bas been laid down that after twenty years
in the case of land and ten years in tbe case of money tbere would
not be a recovery of pronts. Thinking that in sucb a case it may
741
be supposed that as with the recovery of profits so there would uot 5
even be the recovery of fine, the Author proceeds to expouud the
law as to fines by considering the generation (of the occupiers) as
well as the means of proof. So the Author says :-
Yajiiavalkya, Verse 28.
He who made the acquisition of a title if sued should 10
prove it, (but) not his son, nor his (i. e. son's) son; (for)
in their case possession has more force.
:-Yena, by him, i. e. the person by whom of
land etc. the acquisition of a title, Agamaj1, was made, krtaj1, that
man if challenged in a Buit, abp,iyuktaj1, as to whence he acquired the 15
land etc. should prove, uddharet, i.e. establish, it, tal'!1, i. o. the title, as
e. g. through gift etc., by means of a writing aad other means of proof.
By this also it amounts to be laid dOlVn that the first acquirer IS
liable to be nned if he does not make out his title.
His son, tatsutaj1, i. e. the second, if sned need not prove 20
title; but uuinterrupted possession without protest and with notice.
By this it has also been proved that there would be no fine to the
second if he does not prove title, but if he does not prove a particular
manner of possession. His son, tatsutaj1, i, e. the third, need not
prove either title or ony particular manner or possession, but simply 25
possession handed dOlVn in a (successive) line (0 ancestors). By this
also it has heen established that there would be nne for the third if
he did not prove possession handed down in a line, and not if he does
not prove ti tIe or a particalar manner of possession. In their case,
tatra, i. e. in the case of the second and the third, possession, 30
bp,uktij1, alone has more jorce, gariyasi.
There also, the distinction to be noticed is, that in the case of
the second it has force, while in the case of the third, tbere is greater
force. The loss of the thing takes place equally in all the three, that
_._-,---
1. Verse II, 24 p, 41, II, 36-37 of Eng. Tr. p . bove.
5
742 Yirnmitrouayo, S'l1litp.mi- WhC/l i-'i ,II/WI: {Jtlllll, tilk: r l'
L jJ/iTlltl 2&',
is, the purport ill thut iE title is not proved the distinction has a
reference to the fine only. niirita alsCi has said-"He, by whom an
acquisition has been lllade, is liable to putlishment iE he does not
prove it, and not his son or his (i. e. son's) son; bat even the;e lose
the thing possessed." .28.
Viramitrodaya
At, time" even elsewhere also, mere possession is proof (of title);
so tbe Author 811)'B
Yajiiavallmya, Verse 28.
]0 The persoo who mllde the I!cqui,ition of title, sucb as by purchase
&c:., Buch IL Que when clwllenged ill Iljurlicll.d proceeuiog; i.e., asked to
estublish his tHle, twn dgfZ1lla1ll, '!:il1cb origiu of title', urldlw7'et, 'he
should prove 'j i.e., by evidence.
Tas.ya} 'of him', i.e., uf tho oue who RuquLred the title, son, or
15 alBo the sou of the SOn of him who acquired the title, need llot
o,t"blish the origin of the title acquired by the grand-f"11ther.
20
30
35
Taira" 'in their clu:le': i.e'l iu the en,se of his son and the
succeeding generations, 'passBEisioll t 1 9ariya81., 'has more
force', i 0., irrespective of nuy other, is Bum..;ieut to estu.blish tbe claim.
The word wt}" 'or " is used to show iudif-i'erence ; by that are
included the .. &c. In T(tt'f'a, 'ill tht1t. case', the Locativo
is nsed having the force of tbe PoaeessivB Ci18Cl. By tuo use of the
word lu, ' however', is exclll\leu pOSBGB:3iou ; evo}u in tl:w,t cll,se a.lso, the
enjoyment lYing neCBSl-:lLry to etlt.auliBhcd. (28).
S'ulal'ani.
Yii,ji1avalkya, Verse 28.
One by whom witnesses. dOCUTuents &c, have been iudieuted in
writing in the case of (disputes regal'ding) 1and &,c'! such a one should
expose the falsity of witnesses) dOCUl1lCHlt.S &0. relied upon by the person
com})luined passed by another. His son o.nd grandson, however,
Ileed not try to prove. In their case, possession itself will expose tbe falsity.
It is not correct to explain nridha1"et 'Bhmlld prove' as rimsaye/. 'should
point out,' In tbat wa:.,! in the case of the 80n and the rest! when mere
possession being proof aT the rule' that; possession 101' Lhree generations
is proof " mny not l101cl. As says Brhaspati1: "Tho person who has
1. See 011. IX. 25.
r-dJnavo.lltya ] Mit8.1qltartt-Merc possession whcllllo evidencc of oivlwrship. :743
Verst:; 20.
taken possession should establish his possession, as well as the origin of
his title, in the Court; his SOll, possession alone; and in the case of
grandsons &c. nothing whatsoever ", The meaning is, that by regard to the
rule "that pure possession without interruption in the case of grandsons"
by grandsons, the origin of title Or of possession need not be proved. The 5
origin of title and the possession, however must be pointed out. (28) .
' PAGE 24.
By the (qualifying) text! "excepting where it has come down
from a line of ancestors" it has been laid down that possession may
be (accepted as) evidence when it extends beyond the memory of 10
man and in which case it is independent of the knowledge of title.
The Author mentions an exception to this
Yajilavalkya, Verse 29.
If a person happen to die while a suit was filed
against him his (legal) heir should prove it. In such a ca.se 15
possession is no evidence (i. e. of ownership) if it is not
proved to be accompa.nied with title.
:-When, however, a trespasser etc., abhiyu-
while a suit had been filed against him, and before the snit was
decided, happen to die i. e. happen to depart to the next 20
world, then his heir, tasya ri.kthI e. g. sons etc., tam uddharet,
should pl'ove it i. e. the title; since in sueh a case, tatra i. e. in
that snit, possession, without title, eveu though established
by witnesses etc., is no evidence. Because by reason of a suit against
the last holder, possession ceased (to have any value as evidence). It 25
has also been SOlid by Narada': "Of the litigant who has died while a
suit was filed against him, the son should prove the title, (since) the
point (at issue) will not be established by (mere) possession." 29.
Viramitrodaya.
Here, ill this connection, the Author mentions an exoeption 30
Yajiiavalkya, Verse 29.
Sillca, in sucb a place, ilga1l"fla vind. ;'rld., held without title',
i.e.} unaccompanied, bllUilti1' ria 'possession is no evidence I,
i.e., for establishing the point at issue.
1. y'jnavalkya II. 27 (1) 'ee p. 733 above.
15
2 .. 011. I. 93,
744
Virnmltrodaya-l'v88u8sioll when lJvidt!llce of litle.
Here, moreover, possession is evidence (of ownership) if' it hOB
the five ChlUl1cteristicB,l viz.: "If it is with 0. lego.l origin of title, long-
continued, without any gap, without protest from another, find in the
preseDce' of' the defeudl\nt." Thns, by the text,' 'Title is euperior
5 etc.', its being coupled with a legal origin of title, by the text!4 'for
twenty years, etc.', its long-continuousness and uninterruptednecls, also
by the text,' 'withont protest, etc.', itB being without a protest from
another, and by the text,' 'while looking on, etc.', the near presence of
the defendant, has been pointetl out.
10 In some places, it has been statod that in the C080 of pOBsession for
three generations, accompaniment by" title is not re'luired (to be e8\o-
blished)-there it is doubtful, because without the origin of" legal title,
the aeceptance of (mere) possession (a" sufficient), would be in conflict
with the Bm,tis. For, says, Narada': "He who enjoys without a title
1;; for ever so many hundred years, the ruler of tbe bnd should ioflict on
that sinful man, the punishment ordained for a thief ", also": "By
(establishing) " clear title, possession obtains an evidentiary value.
Possession without a title which is not clear does certainly not make
for (\0)') evidence (of ownership)".
20 Here, by the use of the word eva, 'certainly', and also by a
ra-interatiou of what was eetablished once, it may be said that in all
case" possession is evidence of title only whon it is accompanied by a
legal origin of title. Not eo. The text of Niirada has application only
wheu on absolute Bbseuce of .. legal origin is positively determined.
25 And thus, posses3iou for three generations or the like, will have
evidantiary value even when there is a doubt about the (origin of) title.
Intending this very thilJg, t.he same!! slIIYs: "Even though
unlaWfully, when possessiou has been held successively, by the father
and the t.hree prior ancestors, that property cannot be taken away from
30 him, because it has descended through three (successiv") generations in
order." "That which even without a title has been enjoyed before by
three geueratiolls, that having heen hauded down for three generations
cannot be disturbed. "
Vyasa also :-"That which is absolutely without a litla and DB
3;) such bas been enjoyed by three preceding aDcestors, such a thing having
1. Apariirka "signs i;bis lexl to Vyiisa, while the SlIl,tichandrika
to Pitiimaha.
.,
L c. wiLh noticu tu hiill .
"
Y"jli. II. 27 (1).
".
u.
.1. YfLjnavnlkya II, qunrtef,
O. and 0.
"
" "
lBt !lU(l.rLvr.
7. OlL. 1. 87. 8. Oh. I. 85. u. Oh.1. U1.
j
J
I
1
!
I
I
I
Virnmitrodayn-All ol\jccl.ioll awl t.7w WlB1Vr,7',
74.5
been handed down in encce.sion for three generations, cannot be dislurbed.
What was held in possession hy the great-grand-father, and by his son
after him, and after these twn by the lather also, the possession of his,
is possBssion for three generatioDs. For twenty years having been
enjoyed hy the owner without disturbance, such possession of land is as fi
for as one generation, double t,hat is for two generation., and for three
generations is treble; in BIlCh 11 case origin of title is not necessa.ry."
Thns, moreover it has been established that possession for twenty
years is evidence only when thsre is certainty of a legal title, ths proof
of which it contemplates. 10
Indeed even thus, in the text': commancing with 'while looking
on aud not protesting' and its theory, an,j in the text':
An objectiou, "Whose possession has been continuous, and hae
never heen intel'rupteLi for thirty yeors, from him, that
should not be disturbed." The contradiction bettveen tbese is apparent 15
tbere itself. By stating th.t a thirty years' possession. has eVidentiary
value, in effect the evidentiary vaiue of tweuty years' pos"essioll is
discarded. The answer is: No. The text 'While looking on not.
protestiug' haB application where the posEClBsion is
The answer. without protest, wbile in the text of by the 20
use of the word 'not uncontinuous' possession charac-
terised by qllarrel, beating unli Ii,e other iuterruptions, eveu possession
with protest also is deemed to have evidentiary value.
And thus as the result of all the texts, anli a confiict by regard to
( the f.ct of) a difference of'subjects, the ca pacity for possession for ten 25
years and the like either us creating a title for ownership, or to serve
as its evidentiary value, hus been removed. Not the first, like accept-nce
(of" gift) posses"ion Dot baving the force to be regarded as a source
indicative of proprietorship; nor the last, as generally ia a possession
without a title there is a vitiatiou. 30
Oh! indeed 1 Then direct a similar view to possession for
three generations 1 If it be on the strength of an express text, then
in such a case, tbe decision wonld be by regard to the principles of u
f"ndulent action. Or if a text laying down tbe evidentiary valne of a
possession for three generations is alone the besis for its being accept,ed 35
as the means of origin of ownership, then it is similar to the one under
consiLieration, and in this way if it be suggested that this poss8ssion for
six montbA even, would by a. parity of rea.soning, be regarded 88 evidence
1. yajO. II, 24. 2. B,hasp.ti Ch. IX. 7.
746
of' ownerahip, the o.nSWlH' is) uo. For 11 subject, covered by an expreHs
text, (,here i, lJo sr.oP" for It mtt:dru. Thi. is the point, ~ R ) .
S 'ulii pa \1i.
Y,ljfiavalkya Verse 29.
5 If the person complained against be dead without proving his
title, then bis son and the like should est"blish the title. So says
Narada
1
: If a liliigant dies during a law suit of this sort \",'hieb bas
been commenced, and not decided. the point must be established by his
son. Possession (of the lather) will not he sufficient".
10 Possession for three generations with [1 title has evidentiary value,
So says Kiltyayana': "Land which has been enjoyed in possession for
three generations in due course, in such a case that land will be retained
by tbe fourth even in the absence of a document" The same Author'
explains the expression ?laflld 'uidhi 'in due course', thus: IIWith a legal
15 origin of title. long-continued, without a gap, without interruption by
another, and in the presence of the opponent. Thus of five characteristics
is possession intended." "After'; establishing a clear titls, possession
obtains an evidentiary value, Possession without a title, or with a title
which is not clear, does uot make for (auy) evidence (of ownership) ". (29),
20 It has been established thnt where a suit remains undecided
and a litigant dies, the (proceeding of the) suit does not stop (there).
In BolUe cases, however, where a suit is decided or a litigant is living,
a suit is re-tried, and in some cuses it is not re-tried; for a
determinatiou of the rnle (applicable) in these cases, the Author
25 mentions the comparative superiority and inferiority or those who
decide disputes
Yajiiavalkya, Verse 30,
In matters of legal proceedings between men, officers
appointed by the King, the Pfi.g'as, the S'reJ)is, and the Kulas,
,10 (each of these) preceding should be considered to be in the
superior order of priority ( specified here ).
1. Oh. I. 93.
3. See note 1 on p. 744 above. Here
S'ulllpani .'signs this text to KtLtyayana.
----------
2. Verse 327.
4. Narm1a I. So.
Mitii.kl,ihnra-Jllris(Uction oj tl
o
'i7!UiJals.
747
:-Nrpel)a, by the king, i. e. by the ruler;
adhikrtafl, appointed, for trying and deciding legal proceedings,
referred \.0 in tbe text' : "A king should select as bis Councillors,
&c." and pugafl, corporations, i. e. of men (though) belonging to
different castes and (following) different occupations, but residents of 5
tbe same place e. g. of a city, town &c.; s'relJa.yap., trade-guilds of
persons earning tbeir livelihood by tbe same (kind of) labour w betber
belonging to different castes or to the same caste e. g. of the dealers
in the cattle, beetle, tbe weaver and the currier; kulani, groups oE
caste-people, relatives, and cognates. 10
Of these four i. e .. officers appointed by tbe King &c. purvam
purvam, in the order of priority, whoever has been mentioned first,
tbose in order, jneyaJ1l, should be considered i. e. regarded, as balavat,
more i. e superior, between men, i. e. men
engaged in litigation; vyawaharawidhau, Z7. the rnatim' 15
of le.gal proceedings, i. e. in tbe matter of trying and deciding
a dispute.
This is the meaning intended: In tbe case of a suit decided
by officers appointed by tbe king, there would be no fresh hearing
before Pu,qas &c. on the ground of a wrong (exercise of) judgment, 20
even if tbe defeated party is dissatisfied. Similarly, even in the (case
of tbe) suit decided bYP12ga tbere would be no appeal to Srel . is &c.
So on a decision by tbe S'relJi tbel'e can be no resort to tbe Kula.
But from tbe decision of the Kula one may go to the S'rm .. i &c.;
from tbe decision of tbe S're1!i to the p.Ct,qa, and from the judgment of 25
tbe p.aga to the officers appointed by tbe King.
Narada', bowever, bas said tbat tbere would be an appeal
to tbe king even from a decision of tbe officers appointed by the
king" Kulas, Srm .. is, P16gfis,3 an officer appointed (by tbe king), and
the king (bimself) are invested with the power of deciding law suits; .10
and oE these, each succeeding one is superior to tbe one preceding
him in order. "
In sucb a case, moreover, where a party appeals to tbe king,
if in a trial with a wager before the king and his councillors togetber
1. Seo yajfi. II. 2. p. 2.
3. Gauas ( V. L. )
2,. Introduction Verse 7.
748
5
with the officers before whom it first trie!!, the jl:1rty c"mplaining
o impartiolity is deFeated, h" "hOllid h" finec1. Bnt if he "!lcceed"
t,hen tbe officers apl'ointed '" jllr!ge8 iiil,,"lr! he lilled, (?U,)
Siulapiil.li
Y5.j:i1avallrya, Verse 30.
'An association formed e.!!. of gl'OClJl'S and the like is called
P(lgll\ thus stated by Katy2.yana
1
; and colleetion of grocers and
others of different castes, is an ass em bl<lge of those of the saD1e
caste is a Kula. other th,1,]1 that, Of thllse when 3,uthorised by the king,
10 in the matter of a decision of Do dispute, the one prior is more authoritative
than the ODe succeeding, rrltis in regard to a rehem'ing has greater
force. e. g. what has 'been decided hy the PD'II", must not he interfered with
by a SreFi. 'rhis is the meaning.
By these should be decided excepting cases involving heinous
15 offences and the like. So says BIhaspati': "Those groups such as the
ICula, Bre1..ti, Gw:l(tS and the like as have been duly appointed by the king,
should decide cases of disputants excepting those "elating to the
arljlldicatian of heinous offences." (30).
20
30
It has heen said that a suit decided hy an inferior trihnnul
may be retried, and that decided by the snperiol' is not reopened.
Now the Anthor mentions cases whel'e even a' snit decided by the
sn perior tribunal is reopened
yaji1.avallrya, Verse 31.
Tmnsactions brought about by fopce or fraucl should
be so also those entereil into by women, at night,
in the interior of the house, outside, or with the enemies.
Mitakshara :-Dalena, by fince, i. e under eompLllsion;
upadhinll., by lmv,d, sneh us threate etc.;
" Page :25. vinirvrttan, orongh! aboul, i. e. prodncec1:
vyawahiiranniwa.l'ta.yet, tmnsact;ons shmdd
be upset. Similarly stribhir, by wCrIlen; naktam, at 11ight, eVEn if
by others than women; a.nta.ragare, in the intOTioT apartment of
the house; bahir, outside the village; s'a.truhltischa. krtan, as
:L 011. Xl. 28.
What transactiolls may be liet aBide.
so those transactions entered into with the enemies, should be
opeued. This is the construction. (31.)
S'nla:pu,ni.
YfLjna,valkya, Verse 3l.
749
By lorce, or by fraud brought about, as also that made by women, 5
t night, 01' in the inner apartment of 0. house, or those entered into
utside the tawIl, the transactions such as of sale, gift, and the like, as
,Iso entered into with the enemy, one sbould avoid (31).
A transaction entered into by the intoxicated, the insane etc.,
",ill not be upheld 10
Yajiiavalkya, Verse 32.
A transaction! entered into by a person (who is)
intoxicated, or insane, or afflicted with disease, by one in
distress, or by a minol', or one frightened, or the like, will
not be upheld; as also that entered into by one who has 15
no connection.
:-Moreover, mattajl, intoxicated, by Borne
intoxicant, unmatta!t', insctne, affected by insanity caused by
either of the five causes vi,. (disorder, arising) from Vdta
3
(wind),
Pitta (bile), S'le!'hma (phlegmatic hnmor), or a combiuation of these, 20
01' by 'an evil demou, or by (the influence of) a plant. Artajl,
ajflicated, with a disease etc.; vyasal1am, distress, is the pain can sed
by the separation from the loved and acquisition of the undesired;
and a vyasalli, distressed, is one who is affected by it; bfila{t,
a minor', incapacitated for (entering into) any transaction; bhita{t, 25
1. A may better be rendert.ld as it 11 trallsaetion:1 in this context.
rrhe genoml conmtions in this [Lud \;1e last verSe apply as weH to Buibs as to
other transactions.
2. An Unm5.da hus beon thus de find :-q oitm I
In BuAl'tda.
Recognised by the Aryan Mcdicn.l System aB the three principal
humors of the human body! evary disorder of the body or of the'mind being
trrLfJ6able to a disorder of OIle or more of those Or of all the thn=e combined, in
which CllSe it is ullllod a
'i 50
If: UtJIWDl311 PfCCiJjJtol' amljJnJ)ii, &c,
(
Ya}uU'vallcyu,
f!/lTIJIl 32.
frightened, by the enemies. By the use of the term A'di, or the lilce,
is also indicateu one who is inimical to the citi or to the nation.
As Ma,nu' has said :-" Men conversant with law and religion have
laid down that a suit which is (instituted by one who is) opposed to
.'> the city or the nation, or II suit decided by the kiog is unacceptable
as a plaint."
By these entered 'into, brought about; vyawaharo
ni1 siddhyati, a transaction will not lie upheld. Also a transaction
eutered into by oue having no connection, or by one who was not
10 appointed as an (lgent, will not succeed. This is the construction.
As to what, however, has been said viz.-" A suit will not
lie between a preceptor and a pupil, a father and " son, between the
husband Bnd the wife, or between a master anel a servant, even if
they nre at conflict with each othel'" even that is not to be taken
15 llS amonnting to (lay down) an absolute exclllsioll of a suit between
3. preceptor and a pnpil and snch others, as a suit hus been ordained
(to lie) even between them. For Gautama
3
has said: "A pupil
shall not be punished corporally. If (this conrse is) impossible,
(he may be corrected) either with a thin rope or a thill cane. H
20 (the preceptor) strikes (the pupil) with any other (instl'llment) he
shan be punished by the king." As Manu' also has said "In no
case shonld the punishment be npon the head." When (however)
the preceptor under the excitement oE anger, while punishing, strikes
on the head and if the pnpil (who was) thll5 injured in a way, which
25 is it violation oE the (laws of) Sm!ti and usage, complains to the
king, then a Cluse oE action (for a trial) does certainly arise &c.
Similarly, under tbe text' I' Land which WllS acqnired by
tbe grandfather &c. " the ownership of father and son being equal
over land &c., if the ["ther destroys by means or sale &c. (the title
30 to) the land &c. which was acquired b.y the grandfather, and if the
son resorts to an officer of justice, then there would certainly arise
a suit even bet',veen a bther and a son. Likewise, under the text'
1. i. 11, opposed L{l the IUUlli0ip[Ll, lOI;ul or gelleral in teIests.
2. Not found in ili:.LTlu. u. alL II. -IS-MI.
,1. 011. VIlI. 301. 5. YCtjllii.. II. 121. 0. Yajii". II. 147.
Ydjnavallc'!Ja J' betweon Maslers alzd 8ervants &c.
Verse 32.
" A husbaud is not liable to make good the property of his wife,
which Was involuntarily taken by him in a famine, or for the
performance of a (religious) duty, or during illness, or while under
restraint" if the husband having spent away the wife's property
7.51
(even) when there was no Eamine &c., does not pay back when asked Ear, 5
even when possessing wealth. then a snit is certainly admissible
even between a husband and a wiEe. So also the legal relations
between a slave of maintenance and the master will' be mentioned
later on, and having regard to the text of Na.rada' vi:::. "Should
anyone of these, however, save his master when his liEe is in peril, to
he ehall be released from slavery and shall take a son's share (of
his master's wealth), even in the case of a slave by birtb, who would
avoid a suit against a master, iE the slave is not manumitted and
not given a son's share? Therefore the purport of the verse
beginning with "Between the preceptor and the pupil" &c. is 15
that as a dispute with a preceptor &c. will bear no good result in
tbis world or the next, so the pupils and others should in the first
place be induced away by the king in company with the 9.SseSEors.
If, however, the parties press hard, a suit has to be commenced
even (when instituted) by the pupil &c. 20
Although the text oE Na.rada
3
says that "Men conversant
with law lay down that disputes between one and many, with
women, and with servants are inadmissible as a suit; " still having
regard to the text': "He who robs the wealth of the villagers or
transgresses any established usage &c." and the texts. "When one 25
is assaulted by many &c." even a snit between one and mauy
appears to be ordained, when they have a common cause of action.
It should be noticed that a suit between one and many simultaneously
will not lie when the many have different causes at action.
As for the expression 'with women', Stri1Jeim, in their case 30
also a suit certainly is allowed 8. g. with the female DE a cowherd, a
vintner, and such others inasmuch as these women possess
independence. The text is to be explained tbat a suit between
WOmen other than these-i. 8. women of good family whose husbands
1. Y:\joa II. 162. 2. V. 30. 3. II. 12.
4. II. 187. 5. yajfia. II. 221.
16
752
ViromJtrodaya-Uierardy of au; 8/JV(J! al /i)I'IWtlJ.
[

Venw:l 30-32.
are living shall not be admissible on accouut of their depeudence.
With SB1'vants: This text also should be construed to mean that
'on account of the dependence of servants upon the masters', even
in a dispute relating to his (servant's) own interests a suit should be
5 allowed only with the master's sanction, and not othel'wise. 32
Viramitrodaya.
It bas been stated' tbat 'even wbile yet a snit has remained unde-
cided, a party dies, the BuH, proceeds'. Now, even when a Buit has been
decided, and even when the P'lfty is living, sometimes the litigation
10 proceeds, and sometimes not, so t.he Author S"y.
Yajfiavalkya, Verses 30,31,32.
'appointed by the king', sllch as the Oouncillors;
'corporations' of men of'd.ifferent castes, such as the grocers &c.
vide this text of Kat yayallu' , "The association euch as of tbe grocers
15 and the like is called Paga" ; an association of people of various
caetes but earning their livelihood by tbe same (kind of) work; Kul",n
groups of caste people, relations, and cognates. Among these, t.he one
prior by rega.rd to each BucceeLling, zznu!im, 'of men', vyawalta1'avidllau,
'in the matter of legal proceedings'; guru, 'superior', more powerful.
20 Thus it is established that a trunsaction examined and decided by
the Oouncillors, even if there be a suspicion of the deci,ion, being faulty
shall not be scrutinised by the P,1gas and others, while a di.pute decided
by the Kula m"y be revised by bodies as far as the S'1'onis.' Similarly
may be understood elsewhere.
:05 By the use of tbe word atka, 'and', all being uuder the king's
province, the superiority of the king ahove all has been pointed out. By
the word eha, 'and also' has been added the conciusion that the Ohief
Judge is higher than the councillors.
So also KatyiLyalla: "The Oouncillors are superior to the K"la8;
3U ths Presiding Judge is superior i,o tbeBe; more tban all is the king
by whom the law has beeu settled. Of euite of the type of the higbest,
middling, and tbe lowest types, decided by tribunals of ascending degrees,
tbe judgmente have a (corresponding) superior effect". (30)
Balam, 'force' . c., superior (I'orce); upadhi!, ; 'fraud', such aB
35 tbreats, temptations etc; by theBe vinirvrUan, 'brought about " i. c.
1. See Yiijfi. II. 2g above. 2. VerstJ, 679,
3. i. 0, the Oouncillors aPllointed by the king, the Pugae, and the
''."1.'

:,
'J
1
I
I
Ycljflava'lkll
a
]
Verse 8 30-32.
Virnmitrodayn-[llvalid transactiom.
71i3
oduced ; stribhirnal,/am, 'by women, night " even by others than
)IDen; antarttgare, 'in the interior apartment of tbe house', inside the
IUse; baM!, 'outside' the village etc. in the forest etc. ; salruMischa
tdn, 'as also lhose entered into with enemies' ; such vyawahd"dn,
;ransactions', niva,/a.vet, 'One should set aside " i. e. should not "
Jcept. as binding, in other words, should have re-considered.
The compound is to be solved as 'entered into with women, .. t
ight, in the interior of the house, outBide, or with the enemies '. The
snBe of the possessive is expressed in COililectioll with lhe several words
ifferenlly. That moreover h,s been already poillted out according to 10
ontexl. By the use at tbe word Il1tM., 'so also' are illcluded thoEe
)pposed to the interests ofthe town Or the nation (31).
Ml1tta, 'intoxicated' euch ae by some intoxicant etc.; unmaiCa,
.'insane', afrected with insanity brought about by an evil etar; arta,
; afflicted', oppressed by a dieease; vyasa',i, 'distreesed " troubled by J5
Borrow &0. ; bellah, '11 minor', one under sixteen YBn.rs of age; bnito,
, frightened', who has taken to fright; by the uee of' the word
A'di, or the like' are included those affected by lust, anger &c. By
those, 'entered into', i.e., made asa,mbu,Idl"ua, 'by one having
DO connection', i. e., one DOt ha.ving the connection of a brother &-c.; 20
aniyuktenl1 'by one not appointed', vyawaMra na 8idhl/ati, 'a
will not be npheld " i. e., will not bear fruit. The substance
is that the same should be considered again.
By the nse ofthe word eha, ore inclnded those made by Dilsds lind
the like. The word eva, 'also', is connscted with the expression' will 25
not be upheld' and follows with it. Thereby it COrnee to be etated that
although one made by the Kula &0., be at timee upheld, one of thiB
character can never be npheld. Here, the word Vyawa,hara doee not mean
merely justice, but indicates donation, salo, mortgage and all similar
'tranBactions.' "A fraudulen!l mortgage or salo, a frandolent gift or 30
"ccept,nce, and (any transaction) where he detects fraud, he (the judge)
ehall declare null and void (166). What ie given' by force, whllt ie
enjoyed by force, and what hae been caused to be written by force, and
all transactions done by force, are as not made; eo said Manu (169)."
Narada': "If a boy, or one who posseeees nO independence, 35
transacte anything, it is declared an invalid traDsaction by perSODS
with the law (39). That also which an independent per Bon
does while be bfl.R lost control over hip, f1Ct.iOUB
l
iA declared an invn.1id
1. M .. ou Ob. VIII. 166, 169.
2. -See Sri Sitm'am Panditv8. Sri Jla?'ihM Pandit; 35 Bomhrty 169,
3. OJ .. 1. 39-41,29-30.26-27,42.
754 Viramitrodnyu, b;IJ incapacitated. persons. [Yd;;nalJalltya
V Ilr868
tr,\TIsaction, on account of his want of indpendence (40). Those who are
actnated by love, anger, or affected by illness, feor, or difficnlty, and also
those who are biased by attachment or hat.red, are to be known as
having lost control over their actions (41). A transaction entered into
5 by Co slave) is cleclared as unauthorised, except where there is tbe
master's authority; a slave is never his Olvn master Also '"
transactiou entered into by son witbout the father's authority, t.hat also
is declared to be invalid; slave and a son are equ'11 in thot respect (30).
The transactions of gift, mortgage, or sllle of laud, house, or a. slave
10 mode by those who are not do not reaoh completion, when
not ratified. Toey say that trausactions entered into by Women are
nnauthorised wben there is no adversity; especitLlly tbe transaction of
gift, mortgage, or sale of' a house or land (26). These transactions are
only reg.,Jed as valid if the husband sanctions them; or the son in the
15 absence of the busband ; or the king in the absence of tbe hnsband and
the son (27). In the family whoever is the eldest or senior, and wbo
has retained his coutrol over tile senses, a transacLion entered into by him
is regarded as a properiy entered transaction, and not done by one not
independent (42). For the sake of the family, if one enters into a
20 tranmction although himself nnder control, and whether in his own
country or in a foreign conntry, that tranBnction, the Benior shonld not
disturb." 'Himself under control', suoh., a slave &c. One not inde-
psndent will hereafter be described; so enough of' prolixity (30, 31, 32).
S' ula pa"i
Yajnavalkya, Verse 32.
By liquor or a like intoxicant, 'intoxicated' matta];; on account of
windiness &c., one who has become 'insane,' j one affected by
a disease; one addicted to gambling; one less than sixteen years of age.
By the Use of the word (id, 'and the like,' are inclnded those entered into
30 by slaves, who are not independent, or by the aged and the like, and by
strangers, not related, excepting those anthorised by the father.
A transaction, such as of a debt and the like, entered into by these, nevel'
becomes of force. (32).
". Page 26.
35 After mentioning suits which are liable to be reversed, the
Author indicates the kind oE property which may be restored
Yajilavalkya, Verse 33.
Lost wealth when (subsequently) recovered should
be given by the king to the owner; if (however) he (the
Y4;navallc
y
aJ
Verse 33,
lost alld ,'ccDv6J'ed.
755
claimant) do not identify it by (supplying) marks (of
he is liable to an equal (amount of) fine.
:-Pral).as'htam, lost wealth, such as gold &c.,
what was recovered, adhigatam, by tbe revenue or police officers &c.,
and brought over to the king, (that wealth) should be given by the 5
king to the owner, iE the owner identiEy it by (supplying) marks oE
identification such as the qualit.y, quantity &c. IE he do not identiEy,
then he shonld be fined in an equal amount for setting up an untrne
claim. This refntes the presumption of ownership which may arise
on account of adhigama (finding) being recognised as one oC the 10
causes giving rise to ownership.'
In this matter moreover, fnrther' on the Author lays down the
period of time, viz: "What was brought in by the Revenue Officers or
the Officers oE police as property lost i1nd recovered, the owner may
take away within a year; thereafter the king shall take it away." 15
Manu
3
, moreover, laid down three years as the period:
"Property, the owner of which has disappeared, the kiug shall
cause to be kept as a deposit for three years; within the period oE
three years the owner may claim it; thereaEter the king shall take
it." There, it shall necessal'ily be preserved for tbree years. 20
If the owner comes within a year, the whole should be returned
(to him). Where, however, he returns aEter more than a year, in that case,
aEter dedncting Borne portion as a preservation charge, the remainder
should be made over to the owner. As has been said'!: "Then the
king bearing in mind the law among good men, may take one-sixth 25
part of the property lost and afterwards recovered, or one-tenth, or
at least one-twelth." In such a case in the first year the whole
should be given. But iu the second, after deducting a twelfth
portion, in the third, a tenth. and Il. sixth in the fourth and in the
following years, the remainder should be restored (to the owner), 30
and a fourth of the Royal share should be given to the finder.
When, however, the owner does not turn up a fonrth oE the
entire property should be given to the finder and the remainder may
1. See e. p. Gnutnma. X. 39.
3, all, VIII, 30,
2. Y6.jfia. II. 173.
4. Mnnu. all. VIII. 33.
756
Umit.
[
Yajnavallcya
Ferae 33.
.5
10
20
be taken by the king. So says Gautama
'
: "If lost property, the
OWller oE whicb is not known, iil recovered it sbould be announced to
the kiog. Tbe king should cause a proclamation to be made, and
preserve it [or one yellr. Ar.erwllrds one-fourth (goes) to the finder,
(.nd) the remninder to tbe king." Here by the use of the word
t a yea,r', the singnlar number iB not stressed, vide the text
J
: "The
king shonld cause it to he kept as a deposit Eor three years." And
even the text': "ThereIlEter' the king shall take it" amonnts only
to a permisoioD to dis. pose (it) of 8ter three years if the owner does
not turn up. Where, bowever, the OWller appears arter that (period),
even if the property is disposed 0[, the king sbould deduct his due
and pay (to the owner) an equivtllent (amount). This is with
reference to gold, &c. AB regards cows, etc., the Author states (the
law) further OIl (in the texL" ) : "The owner should pay (four) pa,1as
if the animo I haR an entire hoof, etc."
Viramitrodaya
It hllB heeD stilted' tbat 'the kiog should administer justice' ;
taCl'e, not. only snits ua described IIbove alooe should be investigated, but
even wbere there is no defenduDt, by regard to the result being reacbed
by mea.ns of the eXl1miulLtion of witnesses, or regard being had to the
iuvnst,igation resultiDg ill n. penalty couseqnent npon a defeat, l\
reRemb\!LnC,e of 1\, jlldichtl proeeediug, in a case of deposit &c. where the
right of owoership IE nnder fl, doubt, !1ud even in the form of the
assertion tuat 'it is mi.ue', und the exhibition of evidence in Bubstantia.-
tion of it, in \l. I:liruilu.r ml1lHler; iutending this, the Author mentioDs
rules io regard to treasure-trove aod the like by menus of fonr verses.
Yajiiava Ikya, Verse 33.
A nidld, or a tre.sure-trove i8 wealth buried before Rnd kept
permanently. Th.t. moreover, is "No-fold, diffsrentiated "B deposited
30 by Belf or by one's f"ther aud the like, or as deposited by others. Of
these, the first 'lost.,' but afterwards adldgata,m, 'recovered',
by the owner 01' by IUl officer of the king or any other, dli.ana'lJZ, 'wealth,'
in t.hA form of thFl t.rA!lfll11'A-trnVA. dluJ.1tine, 'to t.he owner' i. e., t.o the nne
1. X. 36-38 The prOVer reading is q;::rEtfFlIlq'i; 3litirrnT q'[!I: I
usn tf'q'rfn:er &c. Thi3 is the Tefl.ding in the origillfLl text of Gnuto.ma.
2. t'. G. j\{nnll YIlt 80. :J. YtLjfia II. 174.
4. Y{':iii. II. 1, p. 031, 1. 13.
'75'/
declaring that 'tbis is my wealtb', de.yam, 'hy tbe king should
be given,' if 'by signs' i.8" by means of evidence, taddhanam
vibMva.yet ' tbat wealth be should establish' i. e., sbould prove as bis
own. Na ""et vibMuoyet, 'if be does not establish" t\Ien 11 penalty equal
to the amount in dispute, he incurs on account of his offence in telling a [)
false-hood of that cbaracter.
S'iilapa11i.
Yajnavalkya, Verse 33.
Pra!la$htam, 'lost wealth,' such as gold &c. when fonnd by the
king, identified by the owner (to be his) b, marks such as the form, the
number, and the like, sbould be given to him. On an incongruity, 10
however, he shonld be made to pay a fine, equal to the amonnt. (33).
After laying down the law regarding gold, &c., as to property
lost and recovered on the roads or from the toll houses where it lay
scattered, now the Author stutes the law regarding the recovery or
gold, &c., which had long been hurried in the land, and which last is 15
known as a Nidhi (or treasuretrove)
Yaji'ia valkya, Verses 34 and 35.
The king having found a treasure-trove should give
half to the twice-born. But a learned Braj1ma.l!a finding
(a treasure-trove) may kee:p the whole, as he is the lord 20
of all. t34).
If a treasure-trove is found by allY other, the king'
should give him' a sixth part. If (however) the informa-
tion is not given (by the finder) ancl he is found out, the
finder should be made to :pay a fine. (35). 25
:-The king having found a treasure-trove as
aleady defined, hulf should he given to the
Acquisition of a Bri1\;tmal,p.s, and the remainder thrown into the
treasure-trove. treasury. IE, however, a Br1L\;tmal}a fiod treasure'
trove and he be learned, i.e., acc.)mplished by 30
learning and study, and well-behaved, then he should take the whole;
since he is the lord of the whole world.
1. The trauBln.tion as given above is "in accordanco the Mitfikshart1.
758
(

Ver8es
If, however, the treasure-trove is found, ita1'6J)a, by any
other, than either the king or a learned Bri1j1ma(la as, e.g., by a
Brfll}ma!.!a who is not learned, or by a or such another, the
kinf( should give a sixth of it to the finder and himself take the
5 remainder of the treasuretrove. As says "A king
who finds property the owner of which is not
" Page 27. known should take it ; he should give a sixth
part to the finder." Gautama
2
also "Treasure-
trove when found he comes the property of tbe king; not (however)
10 that which is fonnd by a learned Brflllma\la, even anon- Brfll;lmaJ:m
finder who annotmces (to the king) shall obtain one-sixth, so
declare some."
The past-participle anivedita is (used) in the active voice; he
who has not given information and who has heen fonnd out, i.e.,
15 who has beeu found ou\ fiS not haVing given information even to the
king. Whoever, having found a treasure-trove did not inform the
king and was found OLlt hy the king, shonld he made to pay the
entire treasure found, and also a fine according to (his) capacity_
If, however, the owner of the treasure-trove himself appears
20 afterwards and his ownership by specifying the amount of
the rupees, etc., then the kiof( should give him the treasure, (after)
taking for himself a sixth or a twelfth part. As says Manu
3
-
" From that man who shall truly say with respect to a treasure-
trove, 'Tbis belongs to me', the king may take one-sixth or one-
25 twelfth palt." The choice as to the (particular) portion is to be
determined by reference to the class (to which the party belongs), the
time (which had inteevened). etc.
Viramitrodaya.
The Author mention s as t,o the second
Yaiijavalkya, Verses 34, 35.
30 Rajfl, 'The king,' upon finding a treasare-trove the owner of which
is not known, ardham dwijebl!yo dadyflt, 'should give half to the twice-
born,' aod (the other) half he ebould consign to tbe treasury_ Vidwl!n,
'learned,' 1. e. accomplished by learning and study of the Vedas, twice-
1. Oh. III, 13. 2. X.4H5. 3. Oh. VIII. 35.
,;
1 ..... ... ;.)
,
,:::'
1
I
I
I
Y ljnavalkya J.
Verses 34-35.
Vlarmitrodoya-Tho /lame.
\'59
born i. e. a BrflJ;tmnl;n, moreover, having found a treasure-trove,
'the wbole' i. e. the entire treasure, 8WUYU'" ddadytU, , sbould himself
take.' Sa, 'he,' i. c. such u. Brd}:llual;LI1" 'aB', sariiasya
'is the lord of all' i. e. of tbe world.
Tbat says Manu
l
: "Whatever exist, in this world is tbe property 5
of a Brl11;lm111,1 \ ; Oli account of the e:s:celleuce of his origin the
is, indeed, entitled to it all. (100). The BraJ:tDlfil)' eats his own food;
weare but his own apparel, bestows but bis own .lmB; other mortals
suhBist through the benevolence of the BraJ:tmalfa (101)." (34).
'by any otber' i. e. by not a learned Brl1l
f
mal)a, nidhau 10
labdhe, 'if the treasure-trove iB found', rdjd, 'the king',
aha ret, 'n sixth part he should' take,' from the treasure-trove.
The past participle in the aniwedita iB (used) in the active senBe.
One who has not given inforDlation and who has been found aB having
taken the treasure-trove, should by the king be compelled to pay the 15
treasure and alBa a fine according to cn pacity.
By the expression dii.pya eva, 'he must be made to pay,'
it has been indicated that he must not be allowed to take
even a small portion of the find. The word cha, connects this
with the last clanse and also is int.ended to include the twelfth
part. So says Manu': "The man who makes truly an assertion
'thie belongs to me,' from him, the king may take a sixth part or a
t.welfth p"rt." The twelfth part has a reference to one endowed with
'juulificatinnB. In this connection "A king, upon finding
20
a trsaBure-trove, should give half to a Brflilmanll and the other half he
should deposit in t.he trellsury (36). A finding hidden wealth
should take it himself(37). A should make over a fourth to
the kiog, one-fourth to the Br:1J:tmaI)R. and Bhould talre a half. (38).
A Vaisya shonld give" fourth purt to the king, a half to the
and should take one-fourth for oneself. (39). A Sudra, moreover, 30
should devide the find into twelve parts, and should give five parts each to
ths king, and, to the BrilJ:tmal)', and take two parts. (40). From one
1. Oh. I. luC, 101.
2. Note the difference between tbe and tbe Virnmitrodo.ya
in the interpretation of tlJe word According to the after
giving oue sixth to the finder. The king should take the rest. According to
V. M. the king should to.ke one-Bixth. S\ilapani agrees with the
3. Oh. VIII. 36. 4. Ob. III. 36-41.
17
'16D
[
V d:iIIl],111/ I
1'i1T8Co 3-1.1[.-,
who l1as llot reported tile timl uull who l;i1tl {ouud, the king should
take the whole (41)." ThuG the te"t of "If he fiud,
property (the owuer or) whieh is not knowu, the kiug should tuke it up,
and should give oue-sixth IlortioIl to the fintlern, 1l1!.S u. reference to 0.
[) Sudru., in pursnru.nce of the text of (34, :35).

Yajnavalkya, Verso 84.
'rho king having fonnd n,n del)u:"j(;od 1.\.
long timB ago. shou1d a half to A
10 11OWGVGl', should take the whole; he need llot give i1 portiOll
to tbe king. The Anthoul' stutes the r8:1Son: of all kinds of woalth
he is"the n1aster, as says IVlanu':;: \. \Vhatever exists in thiE' world is tho
property of the Bral:mlat,18. ; other subsist. through the benevolence
oJ the Thl:; also applies in the case of u deposit by others,
15 As 88.y8 Bharadwaja: "Upon 1i.nding !1 deposit laid by another, onf}
should take it to the king i eve1'Y troa.SU1'8-t]'OVG must go to the king,
of all except the Bra].unmfa." (34).
30
S'iilapalli
Y5.jnl\vp.lkya, Verse 35.
Wlwu a treasure-trove helonging to billlselJ h<1,<; heen [ou11d 11y a
BraJ:ll11s1).L'l, WIlD is not Ie arnt,H] , 01' hy the Kshatl'iya ;u)(l OUlCIE, ,;wco.rding
to Narada: "The king should take a six Lh share;" and ;Lccmdhlt; to Manu
and others, 11 8111a11 portion is to lJe taken according to the qualification
of the finder. ):1101' a deposit belonging to oneself, howev(ll', after
giving a sixth portion to,the Hnder of the deposit, the l'emainder the king
should take, As says : "U otH: happells to find an
deposit, the king shall take it up, after giving a sixth portion to the
finder. If a Bra.l,lmaJ,JH finds it, and hH is 011e who carries on his own
duties, then the king should not take," Vvben ownel'less weaHh, as well as
wealth the owner of which was known, was not l'eported, but came to be
knowl1 by the king, then that wealth [\" well as a nne, the t.aker of the
treasure should be made to pay, 80 Niirn.da: "Even a Bl';il.1ma1!a upon
finding a la'eaSUl'8, should inform king; what is givGn by hhl1, ho
1118.Y enjoy; he would be a thief if he does not inform." (35).
1. 011. III. 13. 3. Oll..1. 100.
Y/i;nalJalklla ]
rerse so.
The Author mentions (the rule) about property taken away
by robbers
Yajiiavalkya, Verse 36
The king should pay the wealth taken away by the
'161
robbers (ancl recoverecl by him from them) to the people of 5
his COUlrGry; and if he do not pay, he incurs the sin of the ..
robbed as well as of the robbers. .
:-Chauraip. taken away by the robbel's,
and conquered back from them. Janapadaya, to the nhabitants.
qf his country. Whosesoever that wealth be, to him shonld it be given 10
by the king; hi, if, i.e., .ince if, adadat, he do not pay, yasya;
whoseso, that rohbed wealth may be, he (the king) inclll's the sin, tasya,
of him, i.e., of the robber. As says Manu,' "Pl'Operty stolen bi'
thieves must be restored by the king to (men of) all classes (varr:al;
a king who uses snch (property) for himselE incurs the sin of a thief: 1.';
If after recovering from the possession oE the thieves he enjoys it
himself then he incnrs the sin oE a thie.2 If, however, he neglects
the (recovery of) property ,tolen by thieves then he incurs the sin' of
a citizen. If aEter trying to recnver property stolen by the thief, he'
is not able to recover it, then in that case he should pay a5 much 20
amount from his treasury. As says Gautama
3
: "Having recovered
property stolen by thieves, be shall return it to tbe owner. Or (if
the property is not recovered) he should pl1y ets value) out of hiB
own treasury." Aud aha, KrishJ).ad waipayana :-" If a king
is unable to recover property stolen by thieves, that (amount) should 25
be paid [rom his OWn treasury by the king who is (so) uuable. "
Here ends the chapter on Special rules ot Procednre.
1. Oh. VIII 40.
2. These expressions require all explanation. They supply a good
illustration of the style of tbe Anthoi: In the first expression-by
what is intended to-convey to H16 reader is that. 110 incurs
I;he 911me respJ1lsibilHy und criminal liability 113 a thief does. While the
expression I incurs tho tin of iL citizen', means that he
incurs the Bame responsibility which a cith.en tloes hy not llssist,ing or
neg1ecting the recovery of robhed pro!,err,y.
X.4647
762
Viramitrodaya
[
l'ajnavalky
V'"eTlI 36.
In regord to propert.y carried away by thieves, t,he Author ,tates
a special rule
Yajiiavalkya, Verse 36.
What was t.aken by " thief, or propert.y of that kind, after taking
:1 it back from the thief-and when that. is not possible, even from his own
treasury, j,lnapadaya, 'to the people of his country', i.a., t,o the
inhabitants of his territory, deya,,,, , 'should be given'.
By the USB of the floru tu, 'however', n.re discriminat.ed the making
over to others than the people of his country, lind a deduction of a portion
10 for himself according to h,w. Hi,' and if', i. a" since, tbat property
which w"' taken away by the thief if not given uack to him to whom
:it belonged 1\8 owner, the king incurs the Bin of' tue the sin of
a kind which is iucurred by theft.
That says Manu:' "Property stolen by thieves mll,t be reBtored
15 by the king to (men of) :>11 elllBses 1\ king who Ll,es Buch
(property) for himself incurs t.he sill of a thief ".
In the Mahllbharata also: "If a king is Llnable to recover
property stolen by thieve" that (amount) should be paid from his own
treasury by the king who is (so) unable". (36).
20 Here euds t.be Ch'pter on Rules of Procedure iu the comment"'Y
all the Smrti of Yajjiavalkya f

Yajiiavalkya, Verse 36.
What was taken away by the robber, should be 1est.ored by the
25 king; since, he to whom t,h,,\. wealth of bim he "cquire, the sin.
If he do not 1'8COver that propel'ty 1 he should give from his own t,l'e::1S11l'Y.
As says Vishl1u:" "What was taken away by a thief, sllOuld he
l'eCOV81'ed and paid i11 entirety. If not recoverd, from the tjreURlll'Y
itself." (36).
30 Thus euds the G'hapter on Judicial Procedure
L Oh. VItI. 40.
2. 9h. Ill, 45.
)
j
1
R
,
YdFIU'tJalltyaJ
Verse 87.
L\'1.1tflkl?harO".-LCLW of debts.
Chapter III.
On Recovery of Debts.
After expounding the 'Rules of Procednre' in general and
particular cases, the Author now expouuds the
763
Sevenfold division Chapter on 'liecovery or Debts' the first of the 5
of the Cbapter on eighteen titles of law, beginning with the text:'
recovery of debts. "An eightieth part is the interest ", etc . and
ending with the text:' "The pledge shall be
(allowed to be) redeemed after double the priucipal has been
received ant of the produce." 10
This title of "Recovery of Debts" has seven points (for
consideration). (1) The kind of debt which should be paid, (2) the
one which should not be paid, (3) by what person should be paid.
i.e., by one holding a particular capacity, (4) at wbat particular time
to be paid, (5) and in what way to be paid-in all, five points for 15
the debtor; and for the creditor, two, viz., (6) the mode of
advancing a Joan as also, (7) the mode of recovering it. This,
moreover, bas been made clear hy Narada
3
: viz. "Which debt must
be paid, and wbich may not h" paid. by whom, where, and in what
way to be paid, and the rules of advancing and of recovering (loans) 20
are said to make up the (title) 'Recovery of Debts ".
Of these the Author states the rule regarding the udvsnce (of
a loan) by the creditor, as it is the first of all other points of
inquiry).
ya.juava,lkya, Verse 37.
An eightieth part (of the principal) is the interest ~
(allowed) every I110l1th when the debt is (secured) by a
pledge. In other cases it may be two, three, four, or five
per cent., respectively, according to the order and class
(of the debtor).
1. Verse 37.
3. Ch.1. 1.
2. Verse 05,
7li4
[
YliJim"I!al"Olla
S7.
HI
20
Mit{i,l{shara :-Masi masi, el'O?'U month, i.e" month by
month. Bandha.ka is that which is deposited
as a "-,cnrit" i.e, pledge. That which is
("ecompanie(l) by II. pledgc 18 caHerl
saba.ndhaka., a traJZsu:lio!l. l1Iilh a pledge. In snetI a secured
tl'f:llHlnctiol1., the intereGt on money advanced
In a transaction would he om-eiglJlieth part (of the principal),
with a fin
eighteenth purt is
the intel'est.
according to hw. Anyatha, in other. cases, i.e.,
in fI trrmsaction without [l, pledge, va.rJ).anar!l,
of tho classes, t:ramel).a., accordin.o to the order,
i.e., of tbe Brilhmal)aS and others, dwi-tri-
chatuh-pa.ncha.kam, two, threc,fonl', or jive, pel' cent is llccording
to hw. In the case of u debtor two per cent.,
in that of [\ K,J,"':l'iyc'. tlll'ce,in a Vili8'ya Eonr, and in n S'udra
five, and (this) every <Bonth. Two, or three, Lr four, or five
(make up the componnd word) two-three-fonr-five. A hundred in
which such on intez'est is "iven is "a hundred with two-three-
'"
four-nve." As pel' the Eollo-.ving rules of grammar viz. "The'
affixes, mmtionecl ahove', have [liso the sense of un interest, or a
rent, or " profit, 01' a tax, or a bribe given thereby or iu that,""
" The aH-ix [(m.l ('"'"J comes' after a numeral when it does not
end with ftf or '<1'1. "5 Hnd the rule to be observed here is the one
stated ill the Gmmrrmtical ,shtra I. 1-72 viz, "An injunction"
which is maile with Z'egul'd to a particular attribute, applies to IVords
having that !l.t.tribnte at the end as w.ell as to that attl'ibnte itself.'"
1. 5-i-47. 2. ;i. /J. Panini V. 1-1-46.
3. Pil!;lini V, 1. 4. (J, y. in the termination.
5. The word (BBS I. 6:1) is to be fend into the Siltra, so thnt
the wholr:.'! 'woulrJ rend hy :tdtJing, to the portion given n.bOV8, the followillg'
IIi'::. :_t: The seUSe 0 [ tile nfii.x. being thl1t tanght herel1ner upto V. 1. G3. n
B. Thia i. (J. j;he (, P5.Uilli 1. I. 72) is 11 rule or interpretfLtio
n
.
Wh(m II rule iG Jllillle \v.11.,h feg!l.rd to ::I. pfq:'l.iculI1I attribute or it 111so
words those f1ttrilmtes Or let,t-ers nt thoir end. Thus under the
rule 3Fl1 ;:rQ, (HI. I !l7.)-':Tho uJ'fix <iff, (lames nfter [L root thfLt enus in 11 vowel"
roots ending in vowo1s as well Ili:! roots COTIsistilig of n. single vowol nre
included.
7. ll'(lf' fl of the ben.ring nI tho8e rn1e.9 livon t.hr.
ttlxtt lIlfld;: till' following Th(\ (\Il11lpnnud \\'or'(l
76b
"Interest upon interest is (called) compound interest; it is
Kalilcd when it is (payable) per month; it is ICarlta when
; is fixed according to tbe wish (oE tha parties); it is J(ayikd when
,is in the [arm of bodily labour" (the stipnlation that) 'the interest
n this will be taken every month' is (an instance of) a Kalikd. This 5
rery (species oE) interest becomes Kdyilca when it is receivable per
lilY and the period is divided by the calculation of days. Moreover,
Narada
'
after stating that "In the Sdsl"as interest is declared
fourfold viz. Kdyikd, Kalikit (periodical interest), another called
KariM (stipulated interest), as also the compound interest (chakra 10
)" has Slid :-" Intel'est' at the rate oE one I'm:w or qnarter
of a Pa1.1'L payable constantly' and withont detriment to the physical
. health is denoted Kdyika interest. Thllt which rnns by the month
is termed KciZikd (periodical) interest That interest is Karita
(,tipulated) interest which has been pl"Omised by the debtor himself. 15
Interest upon interest is called Chakrav,:ddi(l (compound interest)."
S'iilapti\li
The Author states the rnies of interest according to I"w
ytiji'iavulkya, Verse 37.
Upon" security being taken when a hundred pa'/}.as are ad va need 20
as a:10l\n
1
an eightieth part i. e. one and a quarter pa'1w' every luonth
hut;; haen explained and solved as 91 :::j"! &c. ( Sk. page 28 linl.::s "1-5). For
this the authority is etc. ( V. I. ,17. ) under which rule t,he uffix is added
tu n, word in the first case (rrg:) in eODstructioll. fl'he sellse of the afTIx. is thnt
of a locative Then the <:f."I. endiIlg in is exp1::tined by tile
rule &c. (V. 1. 22.). And lastly by the the '1'plio.ti011 of
the first rule is extended to 3.11 the members of the comllOuncl, [Lud thus i9
brought. out the meaning of this compound word t1B c::otplnined in line 6 ali
Vllge 28.
l. Oh. I. 102-104.
2. the reading in Dr. ,Jolly'S edition.
3. S'as'vat-) has the force of constant repetition. Here it mo.y
even be rendered as .1 every dl1Y " (soe lina 9.) Kuyn.virodhini)
Tile tmnslntion adopted here is in accordanco with tbe gloss of BlilnmlJhn.Hi
(see Bfi1o.m. Sk. p. 54 I. 14--15) B;-lmspnt.i &, Vyv.sl1 ( Bee Sacred Books of tho
Eost &c. XXXIII p. 67 note).
Dr. JollYJ howevor, trn.ns1rlli6S it a5-': Without diminishing tllG
principo1 ", und the trl1uBlaiiioll appears to he bll,sed on tho following gl()s5 by
Asahdya, n:::T1l ...... Q<i!flqlJi[ n
766
[
l'djh'lvalleya
VerSES 37, 38 (1)
becomes the interest. Anya/hr.!, 'otherwise' when the money is advanced
without security, tViTO, three, and foul' pm,laS shall be the interest payable
by thE! BnU)illut;la and others in the respective order.
Vyasa states a special rule: "In the case of a loan with security
5 lllonthly interest is declared to be the eightieth part; a sixtieth part when
there is a surety; and two perl hundred, on a loan without any secllrity."
Brhaspati' mentions the kinds of interest: "The Kc;yikd" (by bodily
l"bour), the Xliiikc;, (periodical interest), and next, the wheel interest-
Clte/,kra vrddhi-(compound interest), the X,;,.it<1 (or stipulated interest), the
1.0 hair intel'est the-i..,;Uchri,-and the interest by enjoyment Bhuga." l<:dyilai
'by bodily labour', e.i/. hy milking and driving cattle, and such other
lahouTi _KriUkrX, 'periodical' e, fl. every montb. Interest upon interest is
wheel or compound interest; that which was stipulated by the debtor
himself is Keiti/d.; the hair-interest is that which is taken every day; BiLoga,
15 'by engoyment' such as the rent of a house
l
profit, 01' the fruit of Cl'OpS &c.
Bfhaspati': "Hair interest, bodily intereet, and interest by enjoyment
shall be taken by the creditor so long as the principal remains
unpaid." (37).
The Author mentions other varieties oE interest by reference
20 to particular (classee of) debtor8
Yajiiavalkya, Verse 38 (1,)
Persons (usually) travelling through forests should
pa.y tell per cent, and those who tnwel by sea twenty
per cent.
:l;l lYIitakshara :-Kilntlim means II forest; those who go
there, are kantaraga\"!, pe"solls iravalii'll!} 111'-01tg"- (m'Bs/s. Tho,e
who borrow money by interest ami enter dense forests which
involves') danger to life and property should pay ten per cent aud
those, who go to tha sea, samudraga\"!, twenty per cent., alBa per
30 month.
The meaning is this: The creditor Bhonld takc ten per cent
[rom those who go to the sea, as there is a danger of the loss of the
prineipHl also.
1. i. C. lifti6U! lJU,rt. j, Oh. XL il, 6, 7. :1. Oh. XI. II.
1. T.iiL which t!rO(Ltes an apprehellsion (Lhollt the destruction of life
and property.
Yd.jiiava.lkyu J'
Ve,,, 88 (2).
Now the Author describes stipulated (Kil.ritil) iuterest
Yajiiavalkya, Verse 38 (2)
Or all should pay what they had agreed to among
all classes.
10
Mitakshara :-Sarve va, or all, and other
debtors whether secured or unsecured, swakrtam, what they had
agreed to i. e, promised by them, vrddhim, sarvasu 15
dadyujl, interest among all classes, should pay. Sometimes interest is
payable even when not stipulated for. As says Narada
'
: "No in terest
shall ever be charged on friendly loans, unless there is an agreement
to that effect. Even if there be no agreement, iuterest accrues on
such loans after the lapse of half a year ." 20
For one, however, who goes to another conntry after taking
a loan for use, Ka tyayana' has laid down a rule thus :-" If one
after obtaining a loan for use wi thout returning it goes to foreign
lands, that loan of his will be charged with intere&t after the lapse or 25
a year." For one, moreover, who after obtaining a, Joan for use
and without returning it, even when he was asked, goes to a foreign
region, the same Sage
3
has laid dowu the rule viz. "If,
one goes out to a foreign region without returning a loan
which he had obtained, and whIch was demanded back, that 30
loan becomes chargeable with interest after the lapse of three
months. "
He also, who while remaining in one's own country, does not
return a loan for use wben asked for, should be made to pay interest
by the king from the date of the demand. As has been said' "He, 35
however, who while remaining in one's own land, does not return a
loan for use when asked for, should be made to pay interest from that
time, even though it was not stipulated and he be unwilling. "
1. Oh. I. 108.
q. VerBe,503.
18
-,--------
2. Verse, 502.
4. By Katyuyana, VerBe 504, ,
768
5' ulnpal.li-Sev6ral kim].13 of illicrcsl.
[

5
l'Cr.'I'tlS 38
j
38A, 3!J (l)
Narada' bus laid down an exception to tbe unstipulated
interest, viz: "The price or a commodity, wages', a deposit, a fine
whieh had been fixed, a b"it without consideration a cramblincr'
, 0 '0
deb.t, none. these bear interest uoless specially provided for."
unless specially provided [or, i.e. unless stipl1lated for.
S 'illa pa1fi.
Yajiiavalkya, Verse 38.
By a mountaiilous road or by the sea when one goes out for trade,
these when there is no security, should pay ten JJa'{WS and twenty
10 respectively. On account of the contingency of the loss of the principal
itself is the payment of larger interest.
20
The Author mentions another alternative to the rule stated in the
text': "In the order of the Varnas, two, three &c." dady",.weti, 'or should
pay &c.'
YtLj iia valky a, Verse 38A.
Interest upon interest is compound interest; interest payable every
month is periodical interest (K,Hi7rd l. When stipulated by himself, it is
stipulated interest (Kdrika). The (J(dyikd) is by bodily labour,
This is explained by the statement itself. In some books this
25 verse is not stated.
"Page 29,
Now the Author mentions special kinds of interest by
reference to perticular things, The iuterest on the females of beasts
is their progeny itself,
25 Yajiiavalkya, Verse 39 (first quarter,)
In the case of female beasts the interest is their
progeny itself,
Mit11k!hal'a. :-0 the females of beasts, santatireva,
progeny itself, is the ioterest. Such a would be possible
30 in the ease of one who is unable to the femule beasts and
who wishes them to be well-fed and to bear progeny. Tbe ereditor
will have the milk and labour,
1. In trod. II. 3li.
2. is a better and correct reading. The reading in the print
'l.!il is not correct, ;]. Y'j5.v.lkya II. 37,
YajiiavullcyaJ
Vorsc 39 (2),
intet'6ts-li11lits oj.
769
When something is given as a loan and the loan has remained
over for a long time even without recovering any interest, what is
the maximnm limit for the accumulation of interest in several kinds
of properties? (Anticipating this question) the Author proceeds :-
Yajiiavalkya, Verse 39 (second qnarter.) 5
The utmost limit for (the accumulation of) interest
is eight-fold in the case of a fluid, and fourfold, threefold,
and twofold in the case of cloth, grain and gold respectively
( of the principal loan advanced ).
;-Rasa,sya, of a fluid, i.e., in the 'case of oil, 10
gber., etc., upon which no interest has been
Accummulation in received, and the loan remained standing for
the caseof flnids etc. a long time, the interest as agreed to by tbe
parties would be accummulating-such accum-
mulation would be eightfold, pad, utmost limit, i.e., 15
cannot accummulate beyond thlt. Similarly of doth, grain, and
gold, wastradhanya-hiraJ]yanam, wonld respectively be fourfold,
threefold, and twofold the utmost accummulation.
Vasishtha,' however, has mentioned a threefold increase in
the case of fluids-" Gold (taking) double (its value on repayment 20
and) grain trebling (the original price). (The case of) fluidH' has
been explained by (the mle regarding) grain, as well as (the case of)
flowers, roots and fmit. In the case of these three things which are
sold by weight the increase will be eightfold."
Manu' on the other hand, in the case of grain and also 25
flowers, roots aud fruits has mentioned a fivefold increase. "On
grain, fruit, wool or hair (and) beasts of burden it does not increase
more than five times (tbe original quantity). S/adap., grain, the
produce of the field, such as flowers, roots, frnits, etc.; lavah, wool
or hair, the wool DE a goat; the hair of the Chamari Cow, etc; 30
wahyah, beast of burden, the ox, horse, etc, i.e., the accummulation
of interest in the case of grain, fruit, wool, or hair and beasts of
1. Oh. II 44-47.
2. Dr. BUj1ler translates <<II: ) as substanes,s.
3. Oh. VIII. 151,
770
of interest.
[
Yri,ifla'valhya
Verse 39.
burden does not extend beyond a fivefold (of the principal), There
too, the rule should be applied aEter considering the cHpacity of the
debtor as well as tbe Etate of tbiugs at tbe time, sucb as famine, etc.
Tbis' (rule) moreover is to be nnderstood as applicable in tbe
5 of one transaction and one payment. If tbere are separate
transactions with different persons, or even if the person is the same
but there are different transactions on more than one occ.sion, gold,
etc., would indeed increase as before, even beyond the twofold and
nnd otber limits. And even in a Eingle transaction, when the
10 interest is recovered daily, montbly, or every year, and thus it is not'
possible that tbe amonnt payable by tbe debtor might become
twofold, the amonnt as made up of tbe interest recovered before,
does certainly inCl'ease beyond (the) twofold (limit). As says
Manu' <, In money transaction.s interest paid at one time (not by
15 instalments) sball never exceed the double (of the principal)."
"Recovered' at one time" is also anotber reading. Kus,da is
money utilised for accnmulation. Increase of tbat is Kusida-
(such an increase) does not exceed i, e. does not rise
beyond the double, if paid at one time, i. e. lent at one time. It
20 exceeds beyond tbe double when tbe dealings are with different
persons and give rise to separate transactions.
25
30
In the CBse where the reading ie, "recovered' once ", it should
be explained to mean that the interest would exceed tbe double
when recovered in instalments from the debtor evel'y day, every
month or every year. Moreover it has even been said by
Gautama',-" If in a transaction the loan remains outstanding for
a long time, the principal may be doubled." (Here) by tbe use
of the singular number in a transaction" (prayogasya) an increase
beyond tbe double appears to be intended in tbe case w here the
transactions are different. By the me of tbe expression" outstanding
for a long time " ( chirasthane) an increase beyond the dou ble has
been indicated in the case where tbe intel'est hao been recovered in
small quantitieb'. (:-)9)
-- -_.---- ... _._--_.--- --,-,----_ ... _,-.--.
1. See Dllgdusa vs. Ramchandra 20 Bom. ull-51a.
2. Reed i;:g01ntt""'FI: for I. 20 page 29 Bee Sk.
P. 57. L. 1. 3. 011. VnL If,. 4, 1'1"1;'.'l'. 5. Oh. XII. 31.
6. In other words it does forlia cLpitalisntion of interest see 8ukhlaf. VS,
Bap" 24 Bom. 305.
Ylramltrodnya-RltlCB as to intel'est.
'77'1
Viramitrodaya
Now, of the Obapters on Vyawahll"a to be exponnded, following
Manu and otbers such as in the text" of tbeBe, the firet, the Recovery
of neMs ", fir;t in regard to the recovery of Debts, technically
dealt with hy Narada
'
thnB: "A debt which muet he paid, and that wbich "5
may not he paid, by whom, wbere, and in wbat way to be paid, 'and the
rules ae to the advltnce Itndctbe recovery of loans, are s.id to make np tbe
(title) 'Recovery of Debte, (1) (and) It is called kusida.'; becanee by it is
their living (secured) by tbe money-lenders. (98)" The ,\uthor points
out tbe rules of adjustment by the end of the Chapter. There, first the ,10
Author States tbe (rules as to) interest
Yajiiavalkya, Verses 37, 3B, 39.
Sabandlwke nze, 'in a debt by a pledge', the amnunt invested
such as gold, &c., will he liable for two, three, four and five per hundred,
respectively in the order (of the classee). Therefore the resnlt is tbat 15
by a Brah'llana debtor who has taken" loan of a hundred of gold, &c.,
with a pledge, should be paid every montb two of gold, &c.; liy a
three of gold, &c., by a Vais'ya, four of gold,&c., and by a
Slldra, five of gold as interest to tbe creditor. Similarly a180, by a parity
of reasooing, it should be understoud tbat in a debt with a pledge, where 20
an eighteeth' part ie the int.erest, for 0. hnndred of gold and the like,
less by two interest should be ot two (per bndred) and onwnrds.
"Even' when there is no pledge, hut tbere is a surety, when it is
without transfer, two 'per cent, per month has beeo stated".
'together with its eighth pnrt; of the eighth part, of the 25
part '; together with that, tbe eightieth p"rt. Here aho in the
'case of a debtor and the like a larger rate is to be nnderstood,
by a parity of reaRoning.
Kantdragah, 'travelling forest.' for a larger profit; debtors
who are in the habit of trafficking through fore,ts and the like places 30
1. Oh, 1. 1.
2. Oh. 1. 98. Lending money at interest. B,baspati (XI. 2) derivee tbi,
word tbus: 'ii['8<!1'<l"F!'iir9 i'iR';'ir;: q"":i,, I "'llgu\ 'f!Sl!!JUi We''l''''''''<!' II whicb
however is cho.rtl.cterised by Dr. Jolly as fanciful. The rule of the Mllhomedn.n
law, however, lo.ying 11 bLU a.gainst interest is expressive of tbe same sentiment.
3. For this text, no Author is quoted; nor is the t xt quoted in full.
From the commf-nts of llfitra7nis1'a, the word appoars to be in the
omitted portion. This text hILS a reBemblance wah the of Vyc.'la which
run, tbus: <I'i"ii lTfIT 31!;1Ii!: lTl'l' <!('lllii; I R1:1"fie m'l''1lff II
(,ee Vyawah'ra Mayukba p. 75 J. 3).
772
Virnmttrodnya-8pccial raies.
[

37, .'lSI 30.
shall pay s'atam da8al,am, 'ten pe, csnt.', i,e" hundred plus ten. Those at'
the Bell, however, with the ohject of making big gains beiug in the habit d'
journeying over the sellS, twenty per cent., i,e., twenty plus DnB bundren.
should pay every month. Thus the conclusion is that for Il hundred at'
5 gOld, those reBOrting to the forests should pay ten of gold, and the
seamen, twenty of gold.
Where, however, a higher or a lower rate of interest, than what is
statsd ahove has heen agreed to between the dsbtor and the creditor,
there, thut interest, sa,rve, 'all', the Bra\lms,?" and other debtor.,
10 sarv!!su 'among all classes', as fu, as ths mixed classess or
creditors should pay.
Of the hypothecated beasts Bnch os the cow and the like, or
women, sucb as" female slave, &c" progeny itself is the interest for tbe
mortgagor of' the cow, &c. Hele according to RatnakaTa it should be
15 uoderstood that in the case of' the mortgagor who is uDuble to maintain
them, tbe maintenance and the progeny of the cow, &c., and t.he female
slaves, etc., is expected, and of the tue milk and the service
ars incidental to tbe pledge. Others, however, explain that in the case
of tbe cow, the female slave, etc" deposited as a pledge, the owners of' the
20 cow, etc., tbe debtors should pay the ioterest, and when that is no',
possihle the progeny itee]f is (to be rsgarded as) the interest.
Now the Anthor states the highest rates of interest : Of a liquid,
such as clarified butter, etc., when pledged t1S for a debt, when remaining
over for a long time, the intsrest shall increase npt,o eight times. By tte"
word par!!, ' highest', is indicated that in the CHse of an increase in the'
field" etc., even when it is possible to measure it, it is
Similarly, onwarde, of the cloth fonrfold, of tbe grain three-times, and
of gold two times is the highest increase.
Rere, in connection with tbe port.ioll relating to increase,
sO says: "Interest has been declared to be of fonr sorts; by
others it is statsd to be of live-kiolis; aod by others still, it hl1; beeu
declared to be of six kinds. LA"m tbeee by their cuaracteristics:
[(iJ.yU//j. (bodily int.erest); and the Kalil,,;, (periodicl\\ interest.); similarly
also Cl,al/rav7'Cldldh (compound int.ere,t) is anotber ; tben the KMU,l
3f) (,tipnll\te,1 intereeti, S'iMiJ.vrdd1d!, 'h"ir interest " .nd similarly also the
BlwgaliJ.bha, interest by enjoyment. Of thABe, the characteri,t.ics lind
1. i. fl. although the object pledged, may actually incrense mOre than
eight-fold, and although it is possible to aSsess such increase, an}' higher
amoun t is excluded by thi!! rule.
2. Ob. XI. 4, :J.
YdjiiavalkyaJ
V",rsw 37-30,
Vlrnmitrodaya--Oompound interest eia,
773
Gher details, out of feaT for prolixity, are not beiug expouded here, uut
oould be followed in other Smrtis'.
Here interest u.t the eightieth put and the like rate has been
t.ted to be leg.l interest, Bince:lVIanu' has st.ted : "By taking two or
.hree per cent, one doee not become a sinner' for gain." By 8wahrtdm, 5
what was agreed to by himself', there will nol be a higher interest
:han what waB stipulated for. That alBa is legal. More, however, would
be against. the law.
Harita I1IBO, " For twenty-five the interest for a month
i; eight pallas'; thns it holds on for two months or four mouthe until 10
it reach,s the double, where it stands; this is legal ioterest; by this, one
does not swerve from the law," 'reaches tne double" i,e" beoomes double;
'wbere it stllnds', i.e., does not incr.l1se more than that. The legality is
. in regard totbe I1foreBtated interest always for Vals'YI1S. The word ddi
indicates thaI. it holds io tbe case of otbers also. 15
Compouod interest aod the rest are certainly illegal. So says
Brhaspati': "The use (of the pledge) after twice (the priocipal has
been realised), "od the compound interest also which is exacted, and
"Iso the original priocipal together with interest, tbat is usury, and is
reprehensible." 20
In regard to the bighest ioterest, Mann': "10 many transac-
tions, interest paid at ooe time, shall never exceed tbe double (of' the
principal); on grain, -fruit, wool or hair (and) ceasts of bnrden it must
oat exceed five times (the original priocipal)." 'Fruit', i.8., the crop.
'Wool or hair', wbat may be cnt, she"ed, such as hair, other tbao tboBe 25
of the sbeep. "For gems, pearls and coral, for gold and silver, for the
products of fruit, or of an insect, or for wool, the ioterest stops when it
doubles the debt", vide the text of Katyayana': 'or
insect', i.8., produced from an insect.
Gautama': "Interest on products ofanimals, hair, on prodncts of 30
field, and 00 beasts of burdeo, (shall) oat (be) more thao five times
1. Note c. g. the following from XI. 6,7,8 .
.. .. .fti!):m ljw..rlilr g; 'I'rff'l' I .. 'l'1R<;- 'ltfOf'fr ;;;ill II
""'if W1r '<I g; l>r1'l1!r?:'l! tn ''lffi 'l1q: (I
fuii[9 ,:;it f'ii'i fu'''il'q(;ir91rit I @; lIT Will II
2. Ch. VIII. 143.
3. Does not expose himself to the charge of usury.
4. & 5. [Lre coins, savemlly valued at 80 cowries and otherwise.
6. Ch. XI. 12. 7. Ch. VIII. 151.
8. VerSe, 510. 9. Db. XII. 33.
774
(the original)."
as milk, etc.
[
Y'd.jilavallcytf,
verSlis
'Products of' llnim,ls', other than g/wo, sucb
" For all Barts of oils, and for the different kinds of spirituous
liquors, and on clarified butterB, the intsrsBt. haB been declared to be
6 oetuple, as also for molaesss und salt" vide tbe text of Kiityityana
'
.
: "On precious metals, the interest may make (the
debt) double; on clothes and baser metals, treble; au groin,
quaoruple has been declared; eo aleo on vegetahle prodncte, beasts of
burden, aud wool or hair". 'Vegetable products', 1"oducts of the field,
10 otber thlln corn, euch us fruit, etc. Also":" It has been stated to be
quintuple on sBxtnple on seeds aod Bugl1r"C[l.ue ; Rnd on Balts,
aile and spirituous liquors, the interest has beeu stated to be octuple;
also likewisB on raw Bugar and honey, if the transaction be of long-
bto.nding. "
15 In the eaSA of coro, the mention of n double aud various other
mtes is to be determined by regard to tbe price (into money). Thus, at
thA time of tbe .. dvauco, before the appe"ruuce of the crop !1 particular
kind of price, if after tbe appearllDCe of the crop it is reduced a litt.le,
theD double, in cOBe it is reduced even more than that, treble, further
20 more t.haD that, quadruple, and further aD, at the utmost reduction,
quintuple, it becomes.
However all this statemeut about tbe iDCre"Se of iDterest is by
weight ouly, in accordance with the text of Barita: "In course of' time,
double the quantity of gmiD increases as iftreblo." Or, in the order ot'
25 the V"'l,as are the four kiuds of increase to he adjusted. According to
the S'i,htas: " If the grain become, treble, according to the time and
prosperity". In thA ca8e of' boftsts of burden, etc., by regl\!d to tbe
differeoce in the price, time, and t.he place, the diil.'erent rUles of iuterest
are to be Bettled. 1'hus enough of prolixity.
30 Now the prohibitions regarding interest': "The price or value
ofn commodity, wages, a deposit" 1\ fiue, Whllt blls been usurped,/! etc.
What ba, boen idly promised, aud wbat bas beeu won Ilt st.akes at
dice; these do not yield interest, except, under u. special agreement
(to thn,t effect,)", I a. commodity', i.e., u. 8f1ltllble (Jomrnodity; , wages',
.-.. ---.--- ... -
1. Verse, 511. 2. 011. Xl. 13.
'.'
".
011. XI. 14, 15. 4. Narada II. 36.
5. anli'nl'li'<'l'll;, other rending' are (1) has beell
abandoned (by one and round by another); Dr. Jolly', edition (2)
(a fine) which ha.heBll ordoined (V. Mayukha).
]"ddiiava17c!lo, ] Vlrnmltrodoyot 5
i
ulop1\J.lI- no interest is iillJiable. -175
\'erS6887.39.
,e., salary; 'usurped', i,e., obtai nod by fraud, deceie, etc.; 'au idle
Iromise', a donation without regord to dharma; 'by dice', in tbe course
If gambling what is staked; these, unless epecially agreed upon, i.e.,
interest bas not been determined upon, do not increase,
Katyayana
1
: "On hides, crops, wines, and one'8 ga.mbJing debts, price 5
If commodities, always iu all theBe, and on the bride-price of women, thers
Jan never he interest; as also on debts incurred as sureties ". 'Incurred 'as
sureties " for a snrety made liable for payment on account of Buretyship.
Sa'llvarhjl: " No interest can be charged ou woman's property,
on profits, and On a deposit remaining ambiguous, also for a suretyship, if 10
not specialJy stipulated". Vyasa:" Suretyship, n pledge which has
been fllIly enjoyed, (and) money not accepted even though tendered, do
not carry interest against one who has approached; (os also) a fine, anu a
bride's price which had heen promised". 'Of one who has approached "
i.e., of the debtor wbo is nnder the control of tbe creditor-which the .1 5
Anthor himself states hereafter by the text': 'When tendered, does
not accept, etc.' (37,38,39).
S'filapalli .
Yajiiavalkya, Verse 39.
When a she-goat and the like, or a female-slave and the like, are 20
pledged as security, and no other interest is possible, their progeny itself
is the interest. In the case of oil &c., when pledged for interest. the
utmost interest is octnple together with the original i. e. the additional
interest. In the case of clothes &c., in the order of enumeration,
quadruple, treble, and double is the utmost interest. 25
As to the text of Brhaspati': "On gold, the interest may make
double; on clothes and base metals treble; on grain, it js stated to be
quadruple, and so also on edible plants, beasts of burden, wool or
hair", that is to be explained, by regard to a long standing loan arid a loan
of short duration. Sadai,>, 'edible plants' i.e. the fruit of trees &0. Wd(iyo, 30
'beasts of burden,' snch as a bullock and the like. 'hair,' such as
the Chamara &c. (39).
R.ules regarding loan transactions have been laid down
(above). Now follow the rules regarding the recovery of property
advanced as a loan
1. Verse, 50B.
3, Oh. XI. IS.
19
2. njn. II. 44.
776
himsoZj may rcoover
Yajiiavalkya, Verse 40.
One (a creditor) would not be blamed by the king
for trying to recover an acknowledged debt; and if the
debtor complain to the king while the debt is being
5 recovered from him, he should be. fined and made to pay
(back) the loan.
:-Prapannam, acknowledg3d i. B. m0uey
admitted by the debtor, 01' proved by means of witnesses &c;
sadhayan, tryin,q to recove,', i. e. a creditor recovering by Dharma
10 and such other means; nt'paterna va.chchya\1, would not be blamed
by the king i. e. will not be prevented.
The Dharma and other means have been pointed out by
Manu': "By moral suasion, by a suit at law,
i, Page 30, by deceit, 01' by starvation', a creditor may
15 recover property lent, and fifthly also by force, "
By moral suasion, Dharmel}a, i. e. by affectionate words aud a
straight talk. By a suit at law (Vyswahare1}a) i.e.
Means oE recover- by such meaus as witnesses, docnments &c. By
ing a loan advanced. deceit (ch(talena) B. g. by taking ornaments &c.
20 nnder the pretext of some ceremonial celebratious
&c. By starvation (acltaritena), by abstaining from meals By the fifth,
viz. by force i. e. by imprisonment with iron retters &c. ( i. e. to say)
money advanced for accumulation (of interest) shonld be recovered to
oneself by these means.
26 By saying "For trying to recover an acknowledged debt"
the Author iudicates that he should be prevented by tbe kiug, from
recoverine: a debt which has not been acknowledged by the debtor.
1. Oh. VIII. 4U.
2. =q' is another reading. Dr. Buhler trLus1a.tes it u.s u.
customary proceeding, which he describes as-killing one's (?) wife, children,
ll.Ild cattle and sitting at tho debtor's door, or by the creditor's starving himself
to death. This is based on the following text of Braha'pati cited by Kll11llka:-
.,i91 I '1'11'41 i\10>i\r,q <'i 'fi!RI(i'i'lf!""I'ir" II It will be cleD.r
that this is tho process of sitting DharflJ;ln. or making the Trdgu. anu it is doubtful
how far it deserves the exalted name of "A customary procedure. n In this
viow 3={:q(frR == (by starvation) hI n. better nud more expressive reading.
J"'diilatJalkY:L )
Vars840.
Debtor m.all rlflma71d a tria],.
This very thing hus been made clear by Katyayal1a' thuB: "A
creditor who harasses a debtor who is demanding a trial, shall forfeit
his claim and pay an equal fine ".
Where, however, a claim has been (made to be) admitted by .
Dharma and othet means, and i then while the amount is being Ii
demauded or recovered, the debtor goes to the king and complains against
the creditor 01' trying to recover his due, that debtor becomes liable
to be punished with a fine according to his capacity; and, moreover,
he is made to ply the amount to the creditor. The modes oE
compulsion by the king have been thus indicated:' "The king should [0
make a BnfthmaJ;lu pily the creditor only by gentle persuasion, others
according to the usage oE the country. The wicked should be
made to pay by compulsion. An heir and a relative also shonld
be made to pay by recourse to deceitful tricks". The text:' "If
the debtor complain to the king while the debt is being recovered ", 15
should also be understood as a counterillnstration oE the text: "In
a way which is a violation of the (law of) Sm,tis and nsage.'H (4D)
Viramitrodaya.
Now the Allthor describes by four verses the process of recovering
debt,
Yajiiavalkya, Verse 4.0.
P1'apannam, 'acknowledged', i.8., admittee.d hy the debtor;
a,,tham, 'debt '; st1.dhayan, 'tryi"g to recover '. "By mom I BuaBion,
by a suit at law, by artful management, or by starvation, a creditor
20
may recover property; and fifthly also by force" by the methodB aB thus 25
stated above by Mann,' wben recovering back, the creditor, nrpater na
.(}.ahyo bhavet, 'should not be blamed by the king'; "e., will not ho
prBvented by the king.
' while the recovBry is being made " i.8., by the
method Btated being applied against him, with a view to ward it off. 30
nrpam 'going to the king', the debtor when not
1. VerBe,
2. :By Kiibyilyana, Verse, 587, 588; other readings are, ,r-n;\ t'l1ii1;\ ... I
ii'11fq;\ 91f<[ 1ll'l II u,"" IIlIfiilG!: .. m11r<i r.rr.'I'I'"llsril'fJ;: I 'i1"IT:
'fl'l"l'l;, II u,c" II 5. Yiljfi. II. 40 .
. 4. Ylijfi: II. 5. (See p. 645, 11. 5. Ob. VIII, 50.
778 S'ulapa.l}i, several cr'cdUars alJ)!ear a1zd claim. [ Ydjizavalkya.
Ver8ea 40-41.
inc <pacic.ced should be fined and should he compelled co pay the amoun c
co the creditor. By tbe use of the word cha, 'and', is added that even
though withont m.king a complaint 1.0 the king, be does not pay the
amouut through turbulanoe, etc., the debtor should be compelled to pay
5 the amount, and should he punished also. (40).
S'ulapa\li.
Yajfiavalkya, Verse 40.
While a creditor is trying to realize an admitted claim, if the
debtor complains to the king, he should not be charged thus viz. .. How
10 do you do this?" When the debtor i, being compelled by force, and he
complains to the king, then he should be compelled to pay the amount to
the creditor, and the penalty should be taken by the king himself. (40).
several creditors appear simultaneously, against a debtor
who is one only, in what order should he be made to pay by the
15 king? (Anticipacing tbis question) the Author says :-
yajil.avalkya, Verse 41.
A debtor should be made to pay his creditors in the
order of the receipt of the loa.ns; after paying off a
Bra:rmal)a (creditor), then alone the ruler of men (should be
20 paid).
Mitakshara :-When the creditors are oE the same class, the
debtor sbould be made to pay, by the king, tbe creditors in the
same order in which the loans were taken. When, however (the
creditors) belong to different clas.es, the Brit\:tmalfa (should be paid)
25 firet, and then the rest in order. (41)
Viramitrodaya .
. When there are several creditors, in wbat order should he be made
to pay the debt? So the Author says
Yajiiavalkya, Verse 41.
30 Among creditors of different castes, first having given to the
BraJ?,ma"., although incurred after, that of the and thus
circnmstancedhe should be made to pay the debt to a Vaisya. There
also, tbe special point, by a parity of reasoning', is that after paying the
Yais'ya, thoen debt of the 8Mra shonld be ordered to be paid. Of a
]
Verses 41-42.
pre/ere1IC68.
779
learned Bral).maJ;la, as also of a king the deht ehould be paid even
without paying allY othAr debt excepting that of a Bril,l).moJ;l"
That says Kat yay anal : "But when there are several debts,
whatever is incurred first, should be paid firet, but that owing to a king
should bs paid after that owing to a learned Bral).m'lf' (514). Where 5
severalloaus are incurred on the same day, in such a case onB should put
the debt on an equality, as far as the acceptance, maintenance, and profit
are concerned; otherwise, however, in the order, (513). When a creditor
established that a particular commodity was secured with his money,
that money should be paid by the dehtor to him alone and not otherwise 10
(515)". The king'. debt should be paid even before that of the learned
Bni.j1m0J;la, having regard to the order stated in the text'. (41).
S'iilapalli.
Yii,jiiavalkya, Verse 41.
When there are several creditors, the debtor sbould be 'ordered to pay 15
tbe debts in tbe order of tbeir acceptance. When the BrahmaJ;la and the
Ksh"triya claim together, the BrahmaJ;la's should be paid (first) although
incurred later, and afterwards should be paid those of the Kshatriya and
otbers. (41).
When, however, a creditor is weak and unable to recover an 20
acknowledged claim by Dharma and such other means, and the amount
is recovered (for him) by the king, in such a case tbe Author mentions
a fine for tbe debtor and payment of costs by tbe creditor
Yajiiavalkya Verse 42.
A 4ebtor should be made to pay by the king to himself 25
ten per cent of the amount recovered; and a creditor who
has won his case should be made to pay five per cent.
:-Adhamar:r:lika\l, the debtor, rajiia, by the
killg, sadhitat, of tbe money recovered, from the amount acknow-
ledged ; das'akam s'atam, ten per cent; dapya\l, should be made 30
to pay, The king should take from the debtor in the shape of a. fine, a
tenth portion of tbe amount recovered from the acknowedged amount.
This is tbe import.
1. Verses, 514, 513, 515.
2. This remark is not intelligible, for the qlQq;l'i i. quite the
The reading .ho1l1d be ij,f;{>wr q,.,<!, and not as it i.,
780
Vlrnmltrodnyo, S'ulop{\.t;li-l\ill{1'11 frw).
A creditor, however, pdi,ptartha!l, who has wun his Gase,
dapyap., should be made to pay, panchakam s'atam, five per cent,
in the form of costs. The meaning is that the king should take
a twentieth portion of the Bmount recovered by way of costs. In
)) the case of a realisation where the debt is not acknowledged, the
distribution of flUe been indicated in the text:' "Where, upon
n denial (by the defendant) a claim is proved, etc." (42).
Viramitrodaya.
When even an admitted debt the credilor is unabls to recover,
and if hs recovers thrQugh the king, then a twentieth p.rt should
10 be taken by the king from him; wbile stilting this itself, the Author
states the amount of the fine for the aforesaid debtor
yajilavalkya. Verse 42.
RdPia, , by the king', BacilLitat, 'of recovered " i.e., made to pay,
cI,daka", sata"" 'teu per cent', to himsslt', the debtor should be
15 compsllsd to pay. In short, if one hundred gold are recovered, t.en gold
should be compelled to be paid. The creditor alBa who has eecored hiB
claim should be made to pay to himself by the king five per cent, that
is to Bay, for a hundred of gold, five of gold should be caused to be paid.
By the word til, 'however', iB separated the payment first to the
20 creditor when obtained. By the word api, 'sven', if penalty do not exist
as " motive cause, it is suggested that the payment is meant as indicative
aB a means (of the recovery). At some places, the reading is l!i. 'rhsre
also the same is tbo Bense. (42)
25
S'il.lapll.J,li
Yajiiavalkya, Verse 42.
If the debtor who in the court having denied the claim by declaring
"I do not owe", afterwards admits, he should be compelled to pay to the
king at ten per cent from the established claim as a fine. (42).
The rnle as to a wealthy debtor has been mentioned. Now
30 the Anthor mentions a rule in the case when the debtor is poor
Y1Ljiiavalkya, Verse 43.
An insolvent debtor of a lower class should be made
to work for his debt; a Bra,p.mal)a insolvent, however,
1. Ylljil. 11, 11. (See p. 686. J. 33-34.)
l' 4ir,avall,ya ]- wi"" tho debtorie poor. 78'1
Verse 43,
should be made to 'Pay by instalments according to
his gains.
:-A creditor aod others (belonging
to superior classes) should, for a debt, rnartham,
About a pauper i,e,,jor the discharge 0/ a debt, cause the debtor 5
debtor. of a lower class such as the and others
who has become insolvent, i.e"
mooeyless, to do their usual karma, work, i.e" agreeably to (the
usage), kfirayet, should be made to do, of their caste and without
detriment to (the interest of) their family. A however, if 10
insolvent, i,e., moneyless, should be made to pay, s'anaip. s'anaip.,
by instalmenls, yathodayam, aceording to his gains, i.e. according
as may he possible.
'II Page 31.
Here the reference to a lower class is indicative also of an Iii
equal class; and therefore a dehtor of an equal class also, if insolvent,
should be made to do the work which is proper for him. The mention
of a is also indicative of the superior class, and therefore
and others though insolvent should be made to pay their
Vais'ya and other creditors (of a lower cl.ss), by instalments aod 20
according to their ahility. Tb.is very thing has baen made clear by
'Manu:' " Even by personal labour shall the debtor make good (what
he owes) to his Cl'editor, if he be of the same caste, or of a lower one;
but a (debtor) of a higher caste sball pay it gradually." The meaning
is that the debtor shonld by bis conduct so trlmsform himself into 25
a position that the distinction of a debtor and creditor would
become extinct. (43)
Viramitrodaya,
The Author states l\ rule in regard to '" poor debtor
Yajfiavalky9" Ve-rse 43.
Binaj{/tim, of a lower clnss " i. e. not of '" higher caste than
that of the creditor, such '" debtor p.rU,id?,am, 'insolvent,' i. e.
money-leBs, witb a view to the liquidation of the debt, the creditor
shonld cause karma, 'work' as desired by him, Bnch as agriculture,
1. Dh. vm. 177.
30
782
Viramitrodaya, S'UlopllJ;l1 of Tot/der.
[
YajiiavaZkya
Ver8e, 48-4'1.
service &c. Kr1raye't, 'should cause to be done.' Brr1hmanastu, 'a
Bro,l;lmB'!a' debtor' however,' although 'insolvent"
yathodayam 'according to his gains' i. e. according to the J\cquisitioD
of we.lth, 'by inst.lments' i. e. should be made to pay
5 even in small driblets so us not to be detriment.l to the maintenance of
Lis family and snch other uecessary duties, aud even if he be equal
in caBte to the creditor, he Bhould not be made todo work.
ThiB is only indic.tive. One higher than the creditor, Buch
.B a &c., should also, when impoverished, be made to pay
10 by Bmall instalmentB, aB the reason st.ted by the Author for causing
work to be done iB his belonging to a lower caste, and vide this text of
Katyayana
'
alBo: "Should make the VaiB'ya and Sudra of
the Bame caste aB his or of a lower caBte make payment by work. "
Here, moreover, the liquidation of the debt by work iB to be
15 understood. (43)
S'iilapaui
Yaji'iavalkya, Verse 43.
One of t1 lower caste, as compared with that of the credHors, should
be made to do work appropriate to his caste. A Bral;tmanahowever in
20 a similar condition should be made to pay as may be possible without
detriment to the maintenance of the family. As sayslVlauu': "Eveu by
personal labour shall the debtor make good (what he owes) to his creditor
if he be of the same caste or of a lower one; but one of a higher class
shall pay it gradually." Here, 'of the same class' signifies oue oth.r than
25 a Bral;tmal).a. (43).
Yajiiavalkya; Verse 44.
When tendered, if a creditor does not accept back
his amount lent, and if the same is deposited with a third
person, it will not carry interest from that time.
30 :-Moreover, dhanam, an amount, pra-
yuktam, lent, at interest; diyamanalll, being
Money deposited tendered, by the debtor, if the creditor, out of
a third person greed for interest, na grlll)ati, does not accept,
bears no interest. Bud if the same is deposited in the hauds of a third
35 person by the debtor, theu tatap., from that time,
1. Verae, 586. 2. Ch. VIII. 178.
Ydjuavaticya J Vlrawitrodaya, 783
Verses 44-45.
i.8. after the deposit, na vardhate, it does not bear interest. If,
however, even if deposited he does not give when demanded, then
it carries interest as before.
Viramitrodaya.
By way as it were of stating on exception to the law of interest 5
stated above, the Anthor states the right of 11 Debtor
Yajilavalkya, Verse 44.
When being' 0.tIelea', dlyam{tnam, tbe do,s not accept
tbe amount at' hi" debt througb covetousness for IUterest &c., that
amount of his should he deposited by the debtor with a third porty. 10
And that, thereafter i. e. after it is deposited with the third party,
na wardhate, 'does not carry interest'. (44).
S'iilal'alli
Yii.1iiyavalkya, Verse 44.
So Saqlvarta: "No interest sball be cbarged on women's 15
property, on profits, nor on fixed deposits; on doubtful claims, also
on a liability, unless stipulated by oneself," 'fixed', placed
between. (44).
the Author states when and by whom shonld a debt that
ought to be paid, be paid 20
Yajilavalkya, Verse 45.
A debt which however has been incurred by the
undivided members for family purposes should be paid
by the coparceners when the manager of the family is
either dead or has gone abroad. 25
:-Avibhaktaip., by trw undivided members
of the jamily ; jar family
A debt incurred 7JUrposes; or by each separately; yadp:tam
for family purposes krtam, a debt which has been incurred, that
must be paid, debt the head oE the family must pay. When 30
be is either dead, prete, or has ,gone abroad,
proshitej rikthina.p., his coparcenersj dadyu.p., shOUld pay.
1. 2.'if!!if-Thu5 wh6re fl debt was contrac.:ted by the mann,ger and for a
joint family concern, it will bind the members. Golml VB. Ama1'chand gBom. L.
R. 1289; and so a trade debt incurred by n. widow in man[1gement Was held to be
binding. Sakarbhai vs. Magan/al 3 Bomb. L. R. 738 (F. B.); see also Sh,a
Pershad VB. Sntcr.p Lal 20 001. 453; Sham Sundm' VB, AcTt.lwn I{umar 25 1. A. 183j
27 All. 71. Raghunathji Ta>'achand VB Ban" af Bombay 34 Born. 72. S,waj Baksh
Singh VB. RaJ Keda,' Nath 7 Luck. 505.
20
784
Virnmi, 5'{1Iap!l.ni & What debt shotGlct be paid?
Viramitrodaya.
Now, a debt, what kind Bbould be paid by whom, and by whom
also it should not be paid, the Author statee that by eeven verses
Yajiiavalkya, VerBe 45.
h Avibhaldail!, 'by the undivided members', such as the brothers,
father, ect. Kutumbasya, 'of the family' :nece8sity such as maintenance
&c., a,tlle' 'purpose,' for the maintenance (of the family), yadn,am !/ftam,
'what debt has been incurred!, tat, 'thl\t' debt, 'the co-parceners',
i. e., the undivided brothers and the like all, ku!umbini, 'on the manager
10 of the family' i.e., the person who incurred the debt for a family purpos,e
such u.s the father &c., prBte, 'when deo.d
1
, or 'has gone abroad',
dadyu(" 'should pay'.
By the use of the word tu, 'however', is excluded a debt wbicb has
been incurred for a special purpose of bis own, and which must be paid by
15 bim' only, and not by others i. e., the co-porcenere. (45).
S'filapa]li.
Yajiiavalkya, Verse 45.
Of the members living jointly, snch as the uncle, nephew &c. by
one if a debt is incurred for !1 family purpose, when that member has
2U gone abroad or is dead, that debt, these should pay.
Manu' says that what was contracted for the joiut family, must
be paid even by the divided members: "If the person contracting the debt
be dead, and the money waB appropriated for the purpose of the family,
such must be paid by the members themselves even though separated." (45).
25 The Author states by an example by whom (a debt) should
be paid
Yajfi.avalkya, Verse 46 .
.A woman need not :pay a debt incurred by her
husband or son; nor a father that (incurred) by the son;
30 exce:pt when it is (contracted) for hmily :pur:poses, nor
likewise a husband that of the wife.
1. Thus f1 mortgo.go by a mn.nager or even (L father for starting a
business does not bind the others. BCna'"08 Bank Ltd. VB. Had Naron 54. All 564;
Gw'u Mukh S;"glo .s. Shiv Ram 17 Lah. 53. SaM. Ch.nd VB. Sambhu 39 Bam.
L. R. 118.
2. Oh. VIII. 167.
Ydjiiavalk,o/a ] Vil'nmllrodnyn 5'blnpaol,-WI,", may "0' bo paid, 78.5
Verse 46.
:-A debt Patya, incurred by the husband;
the woman i, e, the wife, should certaiuly
A debt that not pay; putrel)a krtam, that cOlltracted by
need not be paid. the son, yoshit, the woman i. e. the mother should
not pay, Similarly, a debt incurred by the 3011, 5
the father'need not pay. So the husband need not pay strikrtam,
that contracted by the wife, The clause kutumba,rthadrte,
e,'teepi when it is (eon/meled) for family purposes, qualifies all.
Aud therefore by whomsoever a debt is incurred for a
family purpose that should be paid by the of the famUy, In 10
his absence, it should be paid by those who are entitled to take his
share, This has already been said'.
Viramitrodaya.
The Author connects the aforestated rnle with both
Yaji'iavalkya, Verse 4.6. 15
Patipu/,'dbltyftm I'rta"", 'by the bnsband and. the son, incurred', a
debt, YOf1,it, 'the woman', either tbe wife or the mother of tbe pel Ban \.
contracting the loan, ehould not P"Y back to the creditor. Putre1u,
Krtam 'd debt incurred by the son', the fatber need not pay,
Striya, 'by"' woman', ;, e., by the wife, eimilarly, unles incurred fora 20
family purpose, tbe debt a husband need not pay. Thie is, by
implication'. Ae saye Vi,l1J:m': 'Nor what was contracted by a
woman, either the hnsband or the Bon (sbould pay)'. (46).
S 'lila paI)i.
l'aji'iavalkya, Verse 46.
So "A debt incurred by the son, may be discharged by
the father, if agreed to (by him); or be. may make (the payment) ont of
affection faT the son; not otherwise," (46).
'1 .. Veree 45, .bove p, 783.
2. trr'R Implication
of something in '-addition of any simill1T object when anyone is mentioned;
a part for the whole, or an individun.l for the species
r
or of a. quality for
that in which tbe quality exists. "1p'e.

25
786
!labt, the suu 1leed not pay. r Y djiiavalkya
L Vorse 47.
The A.uthor will say' flll'ther on that a debt should be paid
by sons and grandsons. He mentions by anticipation an exception
to the rule
Yajiiavalkya, Verse 47.
5 That which was contra.cted for the PU1'poses of
spirituolls liquor, lust, or gambling, or which is due as
the balance of an unpaid fine or toU, as also a gift
without any consideration the son should not pay (sl1ch)
paternal debt.
10 :-A debt which was contracted' for drinking
sura, spirituous liquor. Contracted for kama, lust, i. e. brought
about by a passion for women. In dyute, gambling i. e. brought
about by a defeat (in it); the
balance due from a payment of fine or brideprice. Idle gifts
15 vrithadanam, gifts without consideration, what has heen promised
to rogues, bards, wrestlers &c. As it has heen said: " What has
been given to a roglle, a bard, a wrestler, a quack, a liar, and
a cheat, and to swindlers, itinerant singers and dancers and to thieves
bears no fruit . ,
20 " Page 32.
Such" deht, when incurred by the father, the son and others
should not pay i. e. to the vintner and others.
Here from the nse oE the word 'balance' in the text "a
balauce of an unpaid fine or toll" it should not be supposed that the
25 entire amount is to be paid. As Aus'anasa hae said: " A Bon
should not pay a fine or the balance of it, the (amount of the) toll or
its balance, and also whatever is not
3
legal or capable of heing
recovered by a suit. " It has also been said by Ga utama': that,
"(money due from a f"ther on account of) a deht incurred for
30 spiritlJOIlS liquol', or a "ulka
5
, or in gambling, or for amorous pleasures
- .. --,-., .. -.--- --
1. Ver5e 50 p.
2. Tl'lR<; i. e. tITltfr;:rrll Here the Instrumontal has the force of the Dative.
The instruIDentl11 denote!'! the fm under 1.h" a. 2-3-23. The example
given in the is 5lETfil"it1 cram-where is equivalent to 31E<r<ri=I"lf I
3. Durbrl1' ](aclirn' Odhll Lal VB. Aael,al' H,J1'sar 32 Bom.
348 nnd co'es cited in Gho,rpure's Hindu Low (IUSl Eil. p. 232).
Where the liability of the fflther arose uuder a criminal offence e, g.
tbept Or. misnpproprin.tion Jliahabir Pr{J.sad VB. Baldeo Singh 6 All, 234. l'oshan
Pal Singh VB. D. CJ. Aura 61, L .A.. :350.
4. ab. XII. 38.
5. Haradatta-interprets Sulka us bride-price. 1geflr
ttFt ;; I." s1ilka also meaDS n trLX, toll &c. .." .
Ydjilavalkya J
FllrslI 47.
Vlrnmltrodnya- Whim is a 8011 absolved?
as also a fine shall not involve a son". The meaning is that
they do not devolve upon a son. By this (text) a deht which should
not be paid has been mentioned.
Viramitrodaya.
787
Even a debt incurrsd by the fo.ther, aometimes need not be paid; 5
that the Author states
Yajiiavalkya Verse 47.
For Sura 'spirituous liquor', and like causes, Ilfta,,,, , 'contracted',
danq,am, 'fine', or 8ul/,am 'bride-price', as also tbe halauce ofit. Of the
throe words is formed the Dwandwa compound as if it is a single word. 10
Vrthd., 'idle', without regard (0 dnarmu, what w.s promised to be
given-all this (kind of) debt paitrkam, 'incurred by the f.ther', ilta,
'here', i e., in satisfaction ofa proceeding started. in this world, putra,
'the son', nu dadYIU, 'need not p'y'. For the father's emancipation
in the other world, however, be may pay at hiB option. 15
By the use of the word eva, ,.lso', is exclnded the non-payment
of what was promised by the father for a religions purpose, vide the text
of Katyaya.na
'
: "Whether while at ease or in distress, when a gift
has been promised for a religious purpose, and the donor die without
completing the gift, his Bon should be compelied to make it good; of this 20
there is nO donbt."
By the nse of the word tctt1u1, 'similarly', are included
merchandise, etc., mentioned by albers, so S'YB Gauta.ma': "Sons need
not p.y surety debt, a debt incurred in tmde, the bride-price, drinking
and ga.mbling debts, as o.lso a fine." 'Surety debt', 2',8., an obligation 25
incurred 118 0. surety for appearance, or Burety of assurance.
Brh9.spati': "A debt incurred for spirituous liquor, or a
gambling debt, an idle gift, " promi;e made under an amorous infinence,
or in wrath, a Burety debt, or the balance of. fioe, the sonB should not be
compelled to pay." Vyasa:" The fine or the balance of a fiue, the 30
bride-priae, qr a balauce of it need nut be p"id by the son, as also
na; vydwakd"ikam, i.e., that which is not incurred in accordance with law."
nu V:o/dwuhdrikam, 'not incurred according to law', which is excluded by
the law, Buch os tbat which was cansed to be entered into under
compulsion. 3il
1. Verse 566, or 654. 2, On. Xli, 38. 3 Oh, XI. 51.
788
Virami. S'ulo. debt} the Bon need not pay. [Ydjnavalkya
fi erBe 48.
Katyayana
'
explains what is incurred under an amorous inflnence
or in wrath: "Whether under a writing or eveD without it, what was
promised, must be paid. What is promised to a wOman of' another
should be known "e a de bt incurred uuder an amorous influence (564).
5 Where after causing injury in anger or having caused destruction of
property, what was promised by way ot' pacification, that ehould be
known aB a debt incurred in wrath" (565).
Here, by the mention of a fine, comes to be included its balance;
ito repetition again, therefore, ie intended to indicate that such ahould
10 be made in the cose of a very l>Irge fiae; em all balauce, however, need
not at all be paid. According to Ratnakara it is deducible that in the
CaBe of a small fine even the entirety need not be paid. (47)
S'iilapalli.
YiLjiiavalkya, Verse 47.
15 The father's debts (incurred) for drinking epirituous liquor 01' for
sexual intercourse with women belonging to others, incurred for
gambling, ae a penalty; the son should not pay. What hae been
admitted by the father as a debt to be paid is the 'father's debt'. A
mother's debt the eon need not pay. (47).
20 The Author mentions au exception to the text' I' Nor u
husband that of the wife. "
Yajftavalkya, Verse 48.
The debt of the wife of a herdsman, vintner, dancer,
washerman or hunter should be paid by the hll.sband;
25 since their livelihood. d.epends upon them.
:-Gopa.!l, "erdsman i. e. a cowherd;
a vintner i. e. a liquor-manufacturer; a
dancer, i. B. an actol'; a washerman i. e. a dyer of clothes;
a hunter i. e. pursuing the game.
30 By the wives oE these whichsoever debt is incurred that should
be paid by the husbands Yasmat since, vritti!J" t"ei" livelihood i.8.
living; tad.as'rya, depends upon them, i. e., dependent upon women
1. VerBeB 564, 565.
2. Y"jii. II 46 page 784. II. 28-20 above,
ii"a,
j
natldik
1
/U] Vlrnmltrodnya, S'ulapu.Qi talHtsband iiable r
VTSfB 4B
M
49.
By specifically msntioning the reason (of this rule) viz.
" since their livelihood depends upon them " it appears that others
also whose livelihood depende upon women should also pay a debt
incurred by the wife.
Viramitrodaya 6
'Not the hnsband, that contracted by the wife, similarly'; thus it
has been said' ; the Author mentions exceptions to this
Yajilavalkya, Verse 48.
Gopal},; 'herdeman' ,. c., a cowherd; saundihaJ;" 'a vintner', i. e.,
B. 'a dancer', i. e., an actor; rajallp, 10
'a washerman' i. 6., a dyer of clGthes; vyildho, 'a bunter, i. e., one who
subsists on hunted animals; the wives of these 'tdsdm ra:mm' their
'debts';palir dadytU 'the husband shonld pay'; since, 'oCtheBe',
i. c., of tbe cowherd and the rest, OrtliT, 'livelihood', i. e., maintenance,
taddsrayl!, 'depends on them', i. e., is dependent On the wive.. l5
Here tbe statement of the rule haVing been made with the
statement of the re"BOO, it appears th"t otbers also whose livelihood
'depends npon their wives, such as the fisherman, potter &c., shonld pay
the debts contracted by the wives. (48)

Yajflavalkya, Verse 48.
On account of the rule baving been stated together with the 1'eason,
the wives of foresters &c. also are included. (48). '
, The Author mentions the exception to the rule that c' A wife
20
. should not pay a debt incurred by the husband'. " 25
Yajiiavalkya, Verse 49.
A debt agreed to by her, or which was contracted by
.. her jointly with the husband, or by herself (alone), should be
paid by a woman. A woman is not bound to pay any
other debt. 30
1. yajii. II 46 page 784 1. 3.
790
- Wheu slwulrZ a wija pay?
[
Y&'jilQvaikya
Verse 40.
: - By the husband who was either dying or
proceeding on a journey, pratipannall", a debt
A debt which which was agreed' to, on being chari(ed or
was agreed to enjoined, such a debt of the husband, deyam,
5 should be paid. should be paid. Likewise a debt which was
incmred by the wife, patya. saha, jointly with
the husband, even that, should be paid by the wife in the a beence of
the hnsband, when she is sonless. So also a debt which was incurred
swayameva, by herself alone, shoulo. even be paid (by her).
10 It may be said :-" It need not be mentioned that the three
kinds, such as a debt agreed to by the wiEe, &c., should be paid by
her "; because tbere exists no doubt about' it.
The auswer is that on account oE the text': " A wife, a son,
15 and a slave-all the tbree are considered to be incapable of having
property; whatever they acquire becomes the property of him to
whom they belong", they are without any property; and a doubt
may be created about the non -payment of agreed debts, &c., and
hence the text: "A debt agreed to by a woman should be paid by
20 her" has been mentioned. Likewise the text referred to above does
not lay down the incapacity oE women and others to hold property;
inasmuch as the object oE the text is to argne their dependence alone.
Moreover, this will be mude clear in the chapter on Partition.
It may also be said :-" Then it need not have been sa.id that
25 a woman is not bO!lnd to pay any other debt," because the non-liability
1. The Translation given heTe is in accordance with the two glosses
vi=., BalambhaHi and Subodhini. Tha better rendering of the
would appear to be as follows: "That which Wo.B assented to by the wife acting
under the wish of heT husband who was either in a dying condition or Was
about to Sflt out on a journey.p This would make it a debt incurred by her
but for and on behalf of her husband. The two glosses appear to indicate it
as a debt incurred in the first instance by the husband, but of which the
liability W[LS subsequently undertaken by the wife when the husband was on
his dea.th.bed or about to Bet ont on a jonrney.
2. i. c. about her lillbility to pay, on account of the agreement,
3. MlUlU VIII. 411l.
Virami: 5'uID.-Ac7ctlowledgcd or enjoined debts.
for other debt follows from the principal rule itself.' To this the
answer is that it is mentioned as an exception to the general rule
contained in the text.
'
-" A debt agreed to by a woman sbould be
paid by her, as also that which was contracted by her jointly with
791
the husband." The purport is that anyat, an.1J Oth6T, bad debt, 5
covered by the text' "a debt incurred for spirituolls liquor or for
amorous passion, &c." sbould not be plid even if it had been agreed
to or jointly with the husband.
Viramitradaya
'NoV the wife, (a debt contmcted) by the husband or the son',
ending with this, it has been stated that a wife need not pay debt
contracted by the hueb.ad ; there; the Author states a special rule
Yajiiavalkya, Verse 49.
A debt contracted by the busband, far whatever reason, what bas
bsen pmtipan?zam 'acknowledged,' i. e., admitted by him as repayable by
himself, that, or that which Was jointly contmcted along with the
husband, or what was contracted by the wife herself, that must he paid
by the wife; no other debt is a WOIllan bound by pay.
, By ths husband '-this includes by implication, 'by tbe Bon' "lso.
As says Katyayana:' "contracted along with ths bUBband, Or the son,
or incurred solely by herself." Narada': "Not the wife SbOllld pay
what was contracted by the husband, similarly that contracted by the
Bon. Or if by a hUB band On the point of death sbe is requested-'Oh dear,
pay this,' theu eveu if not acknOWledged, she nhoold-if the woman has
taken (hiB) wealth." (49)
S'ulapaj1i.
'.N at' tile wife &c,' to this tbe Author states o.n exception
Yajflavalkya, ,verse 49.
10
15
:JO
By the woriL, uwl, wti &0., 'or that whicb &0.', vide tllO text of
Katyayana'j: "With the husband, or along with the son &0.". ;\0
Katyayana': "By 11 husband who was about to die, when a woman was
charged thus: 'This debt should be paid by you", eveil though not agreed
to, she should be made to pay if she is possessed of wealth". (49).
1. i c. the one conhined in the first three qnl1.rter8 of Yo.ji1. II. 411.
2. Y.j5. II. ,17. 3. Yiij5. II. '16. 4. Verse, 540.
5. all. V. 16. also see Kfltyayanl1 Verse 547. 6. Verse, 547.
21
792
should SOnS a1ld [,,"a1lClsul1lJ PUll.
[
Yd.,jiJuvall'U(1,
Ver<i<l50.
5
10
15
20
30
The Author meations again the threefold classii-ication, 1,iz.
what debt should be paid, and at what time also, and when should
it be paid
yajiiava.lkya, Verse 50.
When the father has gone abroael, IS elead, or is
immersed in difficulties a.lso, his debt should be paid by the
sons and grandsons; in case of a denial, when esta blishec1.
by witnesses.
:-It tbe rather, without paying a debt wbich is
A debt payable
by sons and
grandsons.
payable, preta.!l, VB dead, or is goue to a distant
country, or is attacked by an incurable disease
and the like, then the debt inClll'l'ecl by him when
made known, (should be paid) by the son or the
grandson; und even when there exists no
property oE the father, in their capacity as son :tnd grandson.
Here the order (to be observed) is also thus: in the absence of
the father, the son, in the absence at the son, the grandson. When
tbeson or the grandson, nin!lave, set up a denial, a debt, krte, liToved
by (the plaintiff creditor) by means or wtnesses,
and others should be paid by the sons and grandsons. This is the
(order oE) constrnction.
Page 33.
Here the text only so m nch, viz. "Wben the fatber has
gone abr01d." The pal'ticlllul' intervai, however, shonk! be allowed
as mentioned by Na.rada
'
: "Where the father, uncle, or the eldest
brother has gone abroad, the son (nephew or yonger brother) is not
bonnd to pay his debt betor'e the lapse of twenty years." And even
in the case of death, he ShOllld not pay before he reaches the age of
majority. Ahel' reaching the age of majority, however, he shonld pay.
That period, moreover, has been indicated by the same Author'
"Up to the eighth year, a child is viewed in the slime light as one in
the embryo. A youth who has not reached the age of sixteen, is
called a Pauga,.'da. After that .he is (considered as) a major and
is independent in the absence or his parents. "
1. 011. 1. 14.
2. Niirad. Oh. I, 35-36.
Ydjnaualt.:?la ]
Vent: 50,
Jl c,'son.
793
Although after tbe death of the parents he becomes independent
even th1ugh a minor, still he does not become liable for (tbe payment
of) debts. As has been said'; "One, who thongh independent, bas not yet
attained (the age of) majority is not liable for a debt. For it has been laid
down tbat (real) independence belongs to tbe senior; (and) seniority
is determined both by capacity and age.'" Similarly 8 probibition
against an arrest or summons is also noticeable vide'; "One who bas
not "Hived at years of di8cretion, a messenger, one about to distribnte
alms, oDe observing a vow, and persons immersed in difficulties,
tbese perS1ns must not be arrested, nor shall the king summon tbem
(before a court of justice)". Therefore," Hence everyone standing
in tbe capacity of a son, leaving aside his personal interests, sbould
free bis father from debts by (all) efforts, so. that he may not (bave
to) go to bell." 'Everyone standing in the capacity of a son'
s',ol1ld be explained liS ' a son wbo bas attained the age of majority'.
For (offering) a s'Tftddha, however, even a youtb bas anthority, "ide
tbe text of Gautama viz.: "One must not make him (8 cbild)
recite Vedic Texts, except in pronouncing Swadhd
3

By tbe use of the plural lll1mber in "Sons and grandsons;"
(it is indicated tbat) if tbere are several sons wbo are divided, they
shollld pay according to their respective' sbares. If they are
undivided, and are living jointly in a body, giving the managersbip
according to qualifications, it appears that the manager. alone should
pay. As bays Narada': .< Tberefore, when tbe father is dead the sons
should pay the debt each according to bis share, wben they are
divided; or if undivided (it sbonid be paid) by one who holds the
lead (in the family). "
Here although, it bas been generally said that < the
debt should be paid by sons and grandsons', even tben a
distinction sbonld be observed tbat by the son the debt should be
discharged togetber with. interest similarly as the father wOllld do;
by the grandson, however, only the amollnt eqnal to tbe original
1. By Narada Dh. I. 31. 2. Narada Intra. 1. 52.
3. Gautama II, 5. The expreBsioD "pronouncing Swadha" includes
by implic.tion the performance of .11 e"equial rite,". (i>l"'"q roq
'l'!<il>;lOJ'I,) I 4. Dh. 1.2.
5
10
15
20
30
7!)'1 ViroOlitrodnya-G'ralldao1ill for llriflctpal a1/lrJU71i (mly. r
L I, aSr) &no
principal and not the interest. Vide the text of B,!,haspati':
" The debt of the futher which has been proveil, should be paid by
the SallS us if it were their own (debt) : the grandfather's debt "honld
he puiil in an even amount; his (i. e. grandson's) SOil, however, iR
it not liahle to pay any debt." Here from the general use of the term
, proved. ' the use of the term' witness' in the expression" cBtabliRhed
by witnesses" is by impli('ution indicative of any means of proof.
Equal amount (samam) i. e. as much as was taken should he paid,
and not interest. His son (talsuta(I.) i. e. great-grandson is not
10 liable to pay when he has received no property. This, moreover, will
be made in the next verse.
Viramitrodaya.
In t.he O'se of a dBht contracted by tbe rathor, or by the graDlI-
father, whBn neither i, nvaill1ble for paymBnt., by whom should it be
]5 paid? So thB A uthor says
Yaji'iavalkya, Verse 50.
Prosnite, 'has gone -abroad' i. is travelling; prete? 'is dend' j
vyasane, 'in difficulties' Buch as hy an incurable disease or the like,
abhiplute, 'immersed' z'. e., overpowered; pt"tari, 'aD. the fatber' or the
20 grandfather 11180; their 'debt' r'IJam; 'on a. denia.l' i. e., on 8.
concBalment by the negotiator of the loon, or whBn disputed by the Bon
an I thB g'"nd;on, 'hy witnesses' &c., and thB like me""S
of proof; bMvitam, 'established' i. e. proved by thB creditor, such shaahl
hB paid by 'soos or the grand-BonB', put,apautrerwlt.
25 By the asB of the word api, 'also', is includBd the taking on 0.
'renanci"tioo', (!f'I"fl), vide the text of Vi,hllll': "When the person
who borrowed the money is dend, or has bBcome an aBcetic, or has gone
out on travel for twelve yenrs or more, the debt should be paid by the
Bons or the grand-son" and not hy any further (descendants) if unwilling."
:10 The expreBsion 'for twelve years' has application where the
debt is incurred for othBr thnn n family purpose.
By the exprBssion, 'hV the sons or the grand-sonB' ure excluded the
great.grondsons, vide the declaratiou in the text "and not hy any furtner
if unwilling".
1. 01. XI. 49. But where ancestral aBsots hU.V6 been recovered even lL
great-grandson is liable, gep, ys, Damndar 53 I 4 204.-:H 2; 48 All. 518.
2. Oh. ,'VI. 27.
YdjnavallayaJ
VC1'81l1l 5051.
Vlromitrodnyo, 5'ulapal)i-ExtBnl, of tho liability.
795
Here Vyasa
1
mentions a special rnlo: " A debt of' the grand-
f.t,ber should be paid; a SOn should pay" liability incurred on account of
.mety-ship ; be should be compelled to pay 111\ equal amount; his son,
however, must not, bo compelled t.o pay; this ie certain". Sa.mam,
'Bqlla!', f. e. without interest. 'His son', i. e. the son of bim who has to 6
pay an equal amount. (flO).
S'iilal'api
Yiijiiavalkya, Verse 50.
When the fatber who hus incurred a debt, is addicted to gambling,
prostitutss, and other vices, or is attacked by an incurable disease 01' the 10
like, as also when he has fallen, in a case of dispute, what has been
demonstrated by witnessee and tbe like, ehould be paid.
So Narada': "When tbe father is dead, the sons should pay
tbe debt according to their sbares", mentions a special rule:
" Tbe father's debt, wben proved, must be paid by the sons as if it were 15
their own; ,the grand-father's sbould be paid, (but) equal'; but his son,
has not to pay at all". 'As if it were his own', i. e. with interest.
Katyayana': "When the father is alive, but is oppressed by a
disease, as also when he has gone abroad for twenty years, a debt
contracted by the father should be paid by the sons". (50). 20
In the dischilrge of a debt, the debtor, his son and grandson
have been indicated as the three persons who are liable; their order
of liability bas also been pointed out when they all co-exist. Now
the Author mentions the order (oE liability) when these and (others
also) who are liable, exist together 25
a.jnavalkya, Verse 51.
The heir who takes the heritage, should be made to
pay his debts, as also he who takes the woman (of the
1. This is an important text n.s it lay! down different kinds of
liabilities and on different bases tbus. (1) A 'on is liable to .pay a ,urety-debt
but only tbe principal, and not the Interest (2) and 80 is n. grandson liable
to pay Ih8 grnndfo.bher1s debt, only the principal, [lnd that too for an ordinary
debt, but not a ,urety-debt. (3) In either kinds ofdsbt, and persons, tbe
lin.bility dOBS not extend to their sons, See however, note 1 on p. 794.
2. Oh. I. 2. S. Ob. XI. 49.
4. i. fJ. without the text of TTyasa and the note on
5, Verse 548,
796
vccaltlJe oj aR8e!S.
[
Ydj1tavallcyn
V Ilr,'i{: 51.
deceased), or (failing these), the son when the parental
estate has not gone to another. Of a sonless man, those
who take the heritage (shol1lcl be made to pay the debts.)
:-Pmperty which he longs to another, bn t
f, hecomes one's own otherwise than by purchase etc, is (termed)
ril>:tha, heritage. Be who takes the heritage by inheritance is
(called) a riktha-grahaj1. He sho/lld be made to pay the deut,
sa :p:.am cl.a,pyaj1. This is the meaning. He! who takes the
property of another in the onn Ot a heritage, should be made to
lCl pay the debts incurred by such a one, and not a thieE etc.
Ee who lalces the woman i. B. the wire, is a
He should be made to pay in the sume manner. Whosesoever wite
a man takes, that man shonld be made to pay the debts of him.
The wife ha., been specially mentioned as it is (i. e. the term)
15 incapable at falling under the term riktl1a, as also it is indivisible
property.
Pntro, il .son. also when the pm'ental estate h'ls not gone to
anothsr, ananya,s'ritadravyafi, should be made to pay tbe debt.
That wbich has gone to unother is 'wealth gone to another,'
20 anyl1.,rilal'.'. He whose wealth, belonging to his tather or mother,
has gone to unothel' is one whose wealth bu., gone to unotber,
anvtt.,ritcuZ,avya(,. He whose wealth has not gone to another is an
al1any[i,s'ritatlravyaj1; Pntrahinasya, of a sonless man,
rikthinaj1, those who take the heritage, shonld be mede to pay tbe
2i> debts. This iB tbe constrnction.
When these co-exist, tbe order (of priority) is the same as
is stilted in the text i. e. he wbo takes the
Page 34
30 his absence the BOll.
heritage should be made to pay the dcbts; in
hiB absence he who takes the wife) and in
--_. --_._--
51. 8eo illunshi 11-(ll'im Uddin VS. H'Il17Ul1' Govind [(fislma 81 All.4n7 (P.O.)
The lil1bility personal-Tho [LIB not 11 charge npon the cstfLte. J,(lxman
VB. Samswatiba.i 12 Bom. H. O. R.
As regnrds co-owners t(1kiog by snrvivorsldp, soe Doen Dayal vs,
Jllm'an 4 I. A. 2,17. Uda1'am \'5. Balin 11 Born. 11. C, H. 70.
A widow taking aBsets is liable. ,Ta.l/flllti Subbaia vs. Alamaiu 111a?IJ'ammn
27 Mnd. 45. But not, if the debt was improper. J[is8B11da[J VS. llall9'ltbai
9 Born. L. R. 382.
Vcl;1u:LVallcyuJ
Verse 51.
objection atated alld mot.
It may be said that of these the co-existence itself is not
possible; because according to toe text' I' Not
#; Objection brothers, nor the pateroal ascendants, (but) the
SODS are :entitled to take the heritage of the
"
797
'ather," when a son exists, it being impossible fot any other to 5
cake tbe inheritance. It is alsG not possible to find
one 'who takes a wife'-on acconnt or the text' "Nor is
a second husbanel ever recommended for virtnous women."
Further, it is also improper to say, that the son should be made
to pay the debt, as it has been (already) said that 'tne debt should be 10
paid by sons and grand50ns'. Tbe qnalifying expression 'when the
. pareutal estate has gone to another' is also meaningless, as it is
impossible for the property to go to another when the sou exists;
and even if it were possible, that import is ah'eady expressed by the
clause "He who takee the heritage &c." Lastly, it sbould also not 15
be said that I' (The debts) of a sonless man (shmuel be paid by) those
who take the assets," becanse it has been established that he who
takes tbe assets should be made to pay the debts even if the sou
exists. It follows tberefore that much more is one who takes the
assests liable to pay the debts when there is no son.
3
20
To tbis tbe answer is as follows: It is possible that another
may take the heritage (even) when the son exists, as there is no
(right of) succession to inheritance for tbe impo-
The Answer. tent, the blind, the deaf and the like otbers even
though they occupy the:,position of sons. Moreover, 25
the Author will say fnrther on,' after commencing (in order) with the
impotent and others, tbat "these shonld only be maintained without
a share." As Gautama,s haB said: "According to some, son of
a woman of eqnal caste eveu does not inherit, if he be living
nnrighteously," Hence also, when the sons are impotent or 30
otherwise (incompetent), and the son of a woman of equal caste leads
au nnrighteous life, the uncle, his son and (like) others take the
heritage.
1. Of. Mann. IX, 185. Of. Manu. 011. V, 161.
3. Here ends the five-fold objection.
4. II. V 6r8e 140. 5. Oh. XXVIII, 4 O.
798
TYorncll Of o!hcrs.
[
Y4iiiavalkya
Ver8e 51.
Although it is not possible fol' one to take tne wife of anotber
as tbe 8' ds/ms
'
are opposed, still one who transgresses the prohibition
certainly becomes liable to discharge th9 debts iucurred by the tor mer
husband. A man is called a Yos'hdg1'llhi' w ben he takes the last of
5 tbe four kinds of 8wai1'ini ( wanton) women or the first of the three
kinds at PllllMbMJ women: As says Na.ra,da,' "(Besides
the lawful wives) seven other sorts of wives are n:;entioned in order,
who had
4
previously belonged to 'Hlother. Among these the Punm'bh',1
( re-man'ied) is of tbree kinds, and the SwairilOi
HI Nature of women (wanton woman) is fourfold (45). "A maiden
owned by another not deflowered, but bearing the taint of the
and others. acceptanceS (only) of the bauc! (by the bridegroom)
is termed tbe first PUllarbhf" on account of the
performance oE tbe ceremony at marriage a second time" 06). When
15 a woman has committed a crime and she is given in marriage to
another by tbe elders, taking into consideration the usages of the
conntry, is termed the SecDnd PUllarbh-!!," (52). Who bas 'committed
a crime' means who has 'cornmit.ted adultery'. "When a woman in the
absence of the bl'Dthers-in-Iaw, is given (in marriage) by bel' relations
;)0 to a sa]li'l.lila, who is of the same caste, she;is termed the third
PunarbM (48). When a woman, no matter whether she has borne
children or not, goes to live witb another man through lnst, even while
bel' husband is living-she is the first SwairiJ)i (49). One wbo, afier
1. Or, as i\; would bo opposed to t.he Siistras. But it should he noticed
thl.t a custOID exists e, g. among the ALirE of the United Provincea to t[1ke
on to himself the wife of a uebtor dying without redeE:ming the debt. And
all instance wai:1 noticed very reo8ntly in Centrlll India where tho brother
redeemed the wit'e of hiB deceased brobher taken 011 by an unpaid creditor.
2. Ono who tn,kes the wife of another. 3. Oh. XII.
4. Dr. Tolly trallsln.tes ltS, I, Who hnve previously beon enjoyed by
[Lllother m!l.n".
5. (qnOr!:lfirtT) i::! tho :Lel!lIptn.uclI of the IlfltHluf tlw bride 1JY
the
G. In Dr. Jully\,j edHiuH u[ the NiLrndrL Smrti, t.hi8 vorsu hoen plBecd
as descripUve of the last of the sluair'[Ai women, exd.ll111gillg it with verSo 47
which i9 given there ItS Descriptive of the 90co11(1 Punrwh}n.t, "\Vhile both
Vijii:inesvar!1 Bnd Mitra-miSra here as (tlSD in his Digest (see pl1ge 347) give this
as descriptive of the second Prmrwbhu. In tbo Bmrtiohllndrikfi. alao Devar;labhn.1i1ia
dtes this as from Nurada as charllcteristiu of tho second PUDBrbbu. (see p. 173 1. 5)
YalnavaZlcya ].
Fer/!651.
having left the hnsband of her yonth and betaken herself to another
man, returns into the honse of ber husband is known as the second
. Swairi'l}i (47). When after the death oE her husband, and leaving aside
her brothers-in-Jaw and other near relations a woman unites berself
with a stranger through love, she is called the third SWa.iriJ)i
One who having come from a foreign conntry, or having b,en
ptll'chased with money, or being oppressed with bnnger or thirst,
gives herself np to a man, saying.-'I am thine,'-is declared to
be the fourth ( Swai1'i1,' ). "The debts contracted by the husbands
of tbe last of the Swail'i1.1is and oE the first of the Pltnarbht!s must be
paid by him who lives witb them.'[
The same author has mentioned ,wen other persons (than
these) who take the wife of another who are liable for the discharge
of debts: "If however, a woman who has considerable property or has
a child and repairs to another man with these, that man mnst pay
the deht contracted by her hnsband, or he must abaudon her.'"
One having considerable property is a Sapl'adhanil i. e.
enormous wealth. So also" He who has intercourse with the wife
of a dead man who has neither wealth nor a son, shall have to
pay the debt of her hnsband, because she herself is considered as
his property.'"
Moreover, the repetition of the word putra. is only indicative
of order. By the expression it is indicated that
even when there is no heritage, of the many sons, he alone is com-
petent to discharge the dehts who is competent to take a share and
not the incompetent, Bnch as the blind and like others. The
expression "Of a sonlesB man, those who take the heritage" is also
indicative of cne who has no 'son or grandson.' i. e. if the great-
grandsons etc. take the heritage then they shonid he made to pay the
debts, and DOt otherwise; tbis is the meaning.
It has already been said that sons and grandsons should be
,t, Parre 35.
"
made to pay (the debts) even when they do not
take the heritage As says Narada:' "If a
debt which has he en inherited in an uninterrnpted
1. N'rada 1. 24.
3. N arn.dn. 1. 22
22
2. Nv.rlldn. 1. 2l.
4. Oh.1. 4.
5
10
15
20
25
30
soo
llcnlat!'Vc liabilitie8 (JolllJiliel'cd,
[
ytijiiavalkya
Vers(; 51.
line of descent has not been paid by the sons, such a debt of the
grandfather must be discharged by his grandsons. The ceases
aftcr the fonrth (perwn) in descent." Thus everything' is faultless.
01', it bas been sHid "that failing him who takes the wife,
" the son should be mude to [1"Y."
It bas been h,id down thut failing the son, one wbo takes the
wife should be made to p"y. By the rilethi in the expression
fFli/mhinasya rilethin"!' the wile ulone is indicated. Because the
texl' is "She berself is cOllsidered hb j'l'operty ;" as also-" He who
10 takes a mun's wife, takes his wealth."
It ITlBy bi.' said, the two expressions viz. " In the absence oE
him who takes the wife, the son should be made
An objection. to pay the debt", and "in the absence oE a son,
11e who takes the wife (sbould be made to pay)"-
15 are mut.ually contradictory. When both exist, no one should be made
to pay. (To this the answer is): There is no fault here. In the
absence of those who take tbe last Swai,';',,;, the
1110 answer. first Punarbhi" or a wife having considerable
wealth, the son should be made to pay. And in the
absence oE a SUll, he who takes a wife having no property or child
shollid be mad" to pay. This very thing has been said by Narada
3
:
<lOt the three viz. he who takes the wealth, as well as he who takes
the wiEe, and (lastly) the BOn, he is liable Eor the debts who takes the
wealth. The son is liable i[] the absence of him who takes the wiEe
25 or of him who Lakes the wealth; and he who takes the wiEe (is liable)
in the absence or him who tukee the wealth or of the son." When
uU the three viz. he who takes the wealth, or he who tskes the wife,
[lnd (hstly) the son, exist together, he who takes the estate becomes
liable for the deb!:. The son, in tue absence of him who takes the wife
30 or him who takes the wealtb. (The words) St,.' and dltana make up
(the compound word) 8tddhana. Those wbo possess tbese (two) are
(indicated by the compound word) Btridhaninmt. In tbe absence of
these t.wo l. e. the St1'idhaninau, the son alone becomes liable for the.
1. This hns a reference to the five
2. Nt.Lrada.1. 22.
pointtl of object.ion stated above.
3. Oh. I, 23.
Jr djfla"allcya ]
VeTS651.
cons true tirm.
ebts. In the absence of him who takes the wealth, or of the son,
.e who takes the wife is alone liable for the debts. In tbe absence of
lim who takes the wife, the son is liable for the debts, and in the
,bsence of the Bon he who takes the wife. Thns is removed, as before,
801
;he apparent contradiction. 5
Of the clause" Of a sonless man, those who take the heritage"
should be made to pay the debts)" there is another explanation :
When it is asked to whom these persons who take tbe wealth, or the
wife, as also the son, should be made to pay, the answer is tbat they
should be made to pay the creditor, in his absence his son &c. ; and 10
when in tbe absence of bis son &c. it is asked to whom should these
be made to pay, tbis clause would have an application.
The expression "Of a sonless man, those who take the
heritage" means tbis: He who is the rzkthi i.e. a or another
wbo is entitled to take the inheritance of a creditor who has no 15
son or other issue, should be made to pay to him-the rilethi (the
dehtor). For Narada' has said :-"Whatever debt is due to a
(deceased) BrfLl;1mut;l11 creditor who leaves issue is payable to the issue.
If there be no issue it should be paid to his sa1culyas, and on fail ure
of these, to his own bafldhus or kindred". When, however, there are 20
neither saTculyas, nor relatives, nor the kindred, then it should be paid
to the twiceborn. On failure of these, it should he cast into the
waters," (51.)
Viramitrodaya.
Intending to mention persons othsr thau tho sons nnd the like, 25
liable to pay a debt, the Anthor proceeds
Yajiiavalkya, VeTSe 01.
Putralt1nasya, 'of one without a son', not oppressed with difficnlties,
possession of wealth, and coropetent; rikhthinaiJ" 'thoBe who take the
"'Bsets', of the debtor, by any means whatever is to be proceeded against 30
in regard to his property which he has made his own, such a one if he is
indifferent, should hy a regular procedure be made to pay the wealth in
the forro ofthe debt. In his absence, one who takes over the wife of
the debtor shonld be made to pay.
1. Oh. 1. 112-113 ..
802
Vlromltl'odayn-Sou\'! position 1Ohe1l lIIwther inlwrilil.
[

Verse lit.
The use of the word cha, ,.IBo', is intended to include ot.hers not.
(llera) specified who may (be made to) pay. TbuB (lne not oppressed
with difficulties, T,oEsessing wealth, Rurl uompetent
j
[melt n. aOD, or also
n. BOil not like him, who hn.s taktlD the ffl,ther's entire property, ia liable
for the }myment of his Ittl he hns tn.keu the entire \3stu.te. Thus here,
t.he eOIlcluBion i5 that, in the ahsence u[ ths first and the last, v, Bon not,
oppr'lBP,ed witlJ dHficnlties, possessing wonltb, find wbo is aOl11petsllt, in
hit-] n.ilttlllee Gne iUliiif'orent who Lu.keB tlHl heritllge, in hiB abRane8, one
tLLking the wife of t.he sonless mnn wit.h property, nud in his
10 a son tbough not, possessing tbe aforest!1t8il qualifications.
The word 8va, 'also' is to he uBed after the clause 'of one without
a 'au'. From this, it has heen pointed 011t th.t the debt of one who has
a competent Bon, Bllould uot be paid by one who takes the aBBets or one
who takes the wife.
15 So BrhaspatiJ : "The liahility for the debts devolves on the
successor to the Bstate, wben t.he SOil is involved in a calamity; or on
the taker of the wife, only in the absenee of the taker of the estate".
Katyayana' alsn: "A BOU should be compelled to pay the cebt, if he
is tree from worry, and capable of having propert.y, and competent;
20 otherwise 11 son should not be m.de to pay (557). Where a Bon is found
to be overpowered with diffietllties, or is a minor, the taker of the "ssets
should be made to pay it, and in his ahsenee, the taker of the
wife (576)".
This mle of adjustment is in reg"rd both to difficulty and equit,y,
:l:l and is also approved of the Mis'ra; and theretore any opinion in other
digests contradictory of thiB should not be admitted.
As regards the clause, 'of oue Bouless, thoBe who take the
herit.ge', the explains that by this it is stated that in the
place of a 60nlo8s creditor, those of the Sapil',!ils who take the aSBets
30 should be cauBsd to be paid by the debtor.
In the caBe of 1\ taker of the wife, Katyayana
4
explains: "What
was contracted by the moneyiess and BonlesB vintner lind the like, that
man who eojoys his wives must. p"y bis debt" (517). By the word adz',
'"ud tbe like', are 1,0 be included those who depend for their livelihood
35 upon their wives. Similarly': "ThoBO who have gone on a long journey,
1. Oh, XI. 52.
3. p. 301. 1. 5-10.
5. Verae 570&
2. Veraes 557, 576.
4. Verse
Y djila'IJallaya J
Versll 51.
Vlramitrodaya-Swairini and PUllarbhu.
803
who have been cast off, and who bear the marks of dullnegs in intellect
Or insanity, of these even though liviug, the debt should be paid by those
who have resorted to their wives or assets (578)."
Narada' : "One who is a maiden yet, not dell.owered, but bearing
the taint of the acceptance (only) of the hand (by the bridegroom) is [;
termed the First Punarbhii on account of the performance of the
ceremony of marriage 11 second time (46). Taking into cousi,ieration the
usage of the country, when 0. womall is given in marria.ge to another by
the elders, when ehe has been guilty of a crime', snch a one is termed
ths Second (punarbhii') In ths absence of the brotbersin-law, 10
when a woman is given in marriage by ths Mndllavfts or kinsmen, to a
man of' the same Var!la and of the same pil)i).a, she is termed the
Third (punarbhii) (48). When a married woman, either when she has
borne children, or has not had children, resorts to another man th rough
lust, while yet her husband is living, she is called the First (49). 15
One who, after having left the husband of her youth and betaken
herself to another man, returns to the houss of hsr husband is known as
tbe Second (47). When after the death of her husband,
leaving aside her brother-in-law and other relations, a wnman nnites her-
self with a stranger tbrough love, ehe is coiled the Third (50). 20
One who bBving coroe from 11 foreign country, or baving been
purchased with money, or being oppreBsed with hunger or thiret" gives
herself up to a man eaying-'I am thine',-is declared tn be the
Fourth Swairi", (57). In regard to the one who is the last of the
Swairi!"8, and the Gne who i6 the first of the Puna.bl!ils-th" debts 25
contracted by the husbands 0[' these, must be paid by the man to whom
they resort (1. 24)". (51).

Yajiiavalkya, Verse 51-
'Who takes the heritage,' such as the nucle &c., 30
on acconut of his relationship, one who has taken the aseets; such a one
rzuzm 'should be made to pay the debt'. So aleo the taker nf the
wife even, The son capable of taking property and devoid of any estate;
1. Oh. XII. 46.-52 j and Oh. 1. 24.
2. i. D. adultery.
3. see note 6 on p. 79B above.
4. <fiIllTI'I' <!l<iuom is the reading in J olly, and in both th.e
works of Misra. lFfUT1'l'ffi\quST'i' would be a better reading.
804
VlramitrodaYSl 5'ulapitJ;li j of ar1.ju,stmc71l. [
Vers/Js 51-52.
who has not received the father's pI'operty; not one who has taken the
father's property, snch a one being included in his capacity of h'aving
taken the assets. Of one without a Bon, t.hose who are competent to take
the heritage, such as the uncle &c.
5 Of the taker of the heritage, 0]' of the wife, 01' the son, when
and by whom should be paid? So Niirada': "01 the three viz.:
he who takes the wealth, as well as he who takes the wife, and (lastly)
the son, he is liable for the debts who takes the wealth; the son is liable
in tbe absence of him who takes the wife, 01' of him who takes the wealth;
10 and he who takes tl]e wife (is liable) in the absence of him who takes the
wealth, or the son." In the ahsence of the taker of the wife 01' of the
heritage even by a son who is not competent may be paid; when the taker
of the wife 01' of the heritage are available, only by a son who is competent.
On this rnle of adjllstment Riityiiyana' says: "A son should be compelled
15 to pay the deht, if he is free from worry; is capable of having property
and is competent; otherwise, the son should not be made to pay (557J.
Where the son is oppressed with difficultie:s, or is seen to be a minor i
in such e, case, the taker of the property shall ld be eompelJed to pay,
and in his absence, the wile-taker (576). " (51).
20 While mentioning the prohibitions regarding the recovery of
30
35
debts from particular individuals, the Author mentions other
prohibitions.
Yii.jilavalkya, Verse 52.
Among brothen, between the husba,nd and the wife,
and between the father a.nd the son, the relation of surety
ship, lending, or being witnesses has not been allowed while
they are undivided.
:-The relation oE a surety is Slt1'etyship,
pratibhavyam. Of the brothers, oE the husband
The relation oE and wife, and the ftlther and son while the estate
suretyship, lend-
ing and being
witnesses prohi-
bited when (the
family) undivided.
1. Oh. L 23,
s undivided, avibhakte dravye, i. e. before
the partition oE the estate, . the relation oE surety-
ship, lending, 01' being a witness has not been
allowed, na smrta1n, by Manu and other5.
Nay, it bas even been prohibited as there is (still)
the community oE wealth. As it is quite possible
2. VerBes 557, 57
'YtJjil.avalkya ]
Verse 52.
Mitilk,hura-Rul' of Prohibition.
that suretyship and being a witness might lead in the end to loss of
money, and also as a debt requires necessarily to be repaid.
This rule (of prohibitiou), however, applies when there is no
mutnal CODsent. For, by mntual cousent, the relation.hip of snrety-
805
ship &c. may indeed take place even thongh (the members be ) 5
undivided. After partition, it takes place even thongh there is no
mntual COD sent.
It may be said, the prohibition against the relation of surety'
ship &c. between the couple before partition is not
An objection. proper. As there is no (possibility oE a) partition 10
between them, the qualification' wonld be
mea"lingless. And the negation oE a partition has been laid down
by Apastamba' (thns) :-"No division takes place between hushand
and wife."
(To this the answer is ), True; but the absence oE a division 15
has a reference only to the rites which can be
An Answer. performed by means oE the S'rauta
3
and the
Smarta
3
fires and to the rewards proceeding from
these (rites), and not moreover to all kinds oE acts and property. For,
after stating that no (division) takes place between the husband and 20
the wife ',and anticipating the qnestion 'Why does it not take
place'? the (same) anthor has thus laid down
Page 36. the reason (for this rule) : "For, from the time
of marriage, they are united in religious
ceremonies, likewise also as regards the rewards for works by which 25
spiritual merit is acqllired
4
" For i. e. since their union has been laid
down in religious ceremonies beginning with the acceptance of
the. bride by the bridegroom), vide the text: " The
husband and wife shonld consecrate the (sacred) fire." Therefore-
since the two have a joint right in the cODsecration of the fire, they 30
1. vi" 'before partition'. 2. 2-6-14-16.
3. A 8rauta (lJIirr) karma is that which is prescribed by the Sruti or
V,da. .A Sma,ota ( ) karma is that which is laid down in the Smrti,. c. g.
in the several works of each 8akhC of the several Vedas.
4. Apastamba 2-6-14-(17-18.)
S06
ohatacter.
[
Ydjilatlalkya
Verse 52.
5
10
15
20
bave also a (similar) and joint rigbt in regard to tbe rites wbicb are
to be performed by means oE the sBcred fire prepared by means of
tbe consecration. Moreover, from tbe text': (" Let the house
bolder perform) tbe Smlkta ceremonies on tbe nuptial fire &c. ", the
tWO bave a joint rigbt even in (the performance oE) the rites
to be performed by means of tbc nuptial fire. Therefore in
ceremonies which are independent oE either of the two fires such as
the pli.rta' rites, the hllsband and the wife have eacb a rigbt
independently of one anotber. Moreover, the (perpetllal) union oE
tbe husband aud wife bas beeu laid dowu in reference to (the
attainment of) heaven &c. (which are) the rewnrds for meritorious
deeds. Vide the S'nlti text;: " May you (two) start an imperishable
body in the heaven" &c. Thus it sbollid be Llnderstood that the
union oE the two exists in reference to tbose acts (only) for which
tbey have a joint right, and not, moreover, in tbe rewdrds also
oE those performed with tbe husband's permission sllcb as p'lirta.
It may be said that tbe jointness (oE husband and wiEe) has
been laid down even, in connection witb tbe ownership over wealtb
vide tbe text' ;-" And with respect to the acquisition of property.
For they declare tbat it is not theEt if a wife expends money on
occasions (oE necessity) during her husband's abseuce. "
( To this the answel' is). Trne ; but tbis t.ext has indicated tbe
ownersbip oE the wiEe over wealtb, and not an absence oE fi division
&c. Since after stating "With respect to the acquisition of
property >l tbe AuthorS bas mentioned tbe reason of the rule (stated)
there. Thus, it means, thr,t since Manu and otbers do not declare
it to be tbeft in cases where in the husband's ahEence, tbe wife
spends on special and necessary dnties sucb as offering a meal or
1. L U7.
2. opposed to and contradistinguished from 80B
further on 1\HtiiksblLra Sk. p. 81. 1. 1-2. An /{a1'ma has been thuB defined:-
rill: {{rrf tf\O<{B: 1 11 While a [if [{m"17w
has been thus defined: "l I II
3. Taittiriyl1 III. 7-5.
. 1. Apastambn 2.6. H. (19.20,) ij, i. c. Apastamba .
]
Verse 52-.
IS: oj a toije.
alms to a gueBt, therefore the right of ownership over property
exiBts in favour of the wife also. OtherwiBe it (i. e. her act) would
be theft. Therefore a wife alBa may have a Bhare at. the option of
807
the husband and not of her own will. AB the Author (himBelf) says
further on
'
: " IE he make the allotments equal, hiB 'wiveB should be . 5
given equal shares. "
Viramitrodaya.
In the chapter on payment of debtB, in the portion stated with
the text' Debt whioh may be paid, and which may nnt be paid &0. "
while Btating to whom it may not be paid, in that oonnection, the 10
Author states other prohibition, alBa in that place
Yiljfiavalkya Verse 52.
In the word avibhakta, 'undivided', the past partioiple (kta) is
used iu the abstract' sense. Therefore, when there has been DO
separation, bhriltr1}ilm, 'between brothers' mutually, 15
'between a couple' i. ". a hueb.nd and wife, as also between a father and
Bon, p,'iltibhilvyam, tbe relation of suretyship', i. c. bail, n,am,'lending'
i. e. giving of a lo.n, 'being witnesses,' (position of a witness),
for establishing a point in dispute, na 8mrtam, 'has not been allowed' i. o.
is not approved o[the 8mrtis. 20
The word atha, 'or', is indicative of the inolusion of the paternal
unole. brother'B son, and like others. The word cha, 'and'jndicataB the
inclusion afre-united relations. The word tu, 'however', indicates,the
non-applic.tion of this rule in the caae of consent or in regard to
extraordinary thinge. Thus when the other party ;, agreeable for a 25
auretl'ship or to the testimony, then the son &c. bscome Ii. surety, aa
also a witness for tbe father and the like. In the case of 8audilyika'
articles, even when not separated, mutual transactioDa'may take place . "
After partition, however, the relation of suret.yahip may certainly
exist, it hO:B been expresely stated-'when unssparnted', and alBa aB 30
the're could bs no Objection. In the case of snretysbip and being
wilnesBes other particulars will hereofterbe mentioned (52). . ,"
1. i. c. yujfi . II, 115.
2. l1rr <ni: i. "e. in a state or condition of separation.
3. Q 'lFI-nffsctionate gifts received individually. "These do.not
peeoJIle_p . r.t.o,I t11&Ja:mJ.!y prQ]!ty, but are OWDe.cl. _.
per80nnJ right.
23
S'iilapalli
Yajiiyavalkya, Verse 52.
The meaning is plain. Narada:
1
"( The acts of) gIvmg evidence,
of becoming a Burety, of giving and of taking, may be mutually
5 pe'l'formed by diV'ided bro,hers, but not by unseparated ones." (52),
THE LAW OF SURETYSHIP
Now the Author proceeds to consider the law of suretyship
Yajfiavalkya, Verse 53.
For appearance, assurance, and for payment
10 is ,s.uretyshi'P ordained. The first two, however, should be
maroe to;pay in case of default, while in the case of the
ilaist, the sons even (should be made to pay).
15
:-Pratibhavyam, suretyship, is a ' contract
with snotherperaon with the object of creating
Suretyship
three-fold.
IS confidence.' That, moreover is divided threefold
according to the difference in the subject-matter;
e. g. liars/ane, for appearance, viz. with the
'words "Whenever bis appearance is necessary, I shall produce him" ;
'Pratyaye, by way assurance, e.g. confidence i.e. "upon my assurance
20 lend hiin money, he will not deceive you. Since he is the
son of such and such B person, or he possesses a very fertile land,
'Or possesses lUi excellent village"; dane, for payment, e. g. "IE he
doss not pay, then I myself will pay." Thus i. suretyship ordained.
(this) clause is to be taken along with each.
25 Adyau tu, the first two however, i.e. the sureties for appearance
and of assurance; vita the , in case of default, i. e. if things turn out
otherwise, that is to say in case of non-appearance or a breach of the
BBlmrailce; 'dapyau, should be made to pay, i. e. the amount at
1. Oh. XIII. 3U.
Ydjilavalkya J
Verses, 53-54.
5'ftlap!l.Q,i, r! of Sureties.
lue, to the credit(;)r by the king; itarasya, in the oaso! of the last,
e. or the surety for p&yment"ev,en the' sons. should be made to pay'.
By default, vitathe, is meant when the debtor. e.vades,
Iyment either fraudulently or by (plea.ding) poverty. B:y saying
in the ca.se or the last e.ven the sons', it has been (impliedly) said 5
1St the sons of the first two should not be made to pay,. By
lentioning , the sons' it has been indicated that grandsons, should.
at be made to pay.
S'illapani.
Yiljiiavalkya, Verse 53
Suretyship has been ordained, in regard to three viz. appearance etc.,
ldyau 'the, fust two " i. e. the snreties of appearanoe and of assurance, on
. non-observance of the condition should be oomp.elled to pay. In the
10
lase of the surety for payment, the sons also must be made to pay. So
.. For appearance, for assurance, , for payment, and also for 15
lelivering the assets of the debtor: it is for these four different purposes
,hat sureties have been ordained hy sages in the system (of law); (391':
)ne says, ' I will produce (him)'; another says, 'He is a ';
;he third says' I will pay the deht', and the fourth says "I, wiH de1Li1l'ell
lis goods' (40). The first two
,
on a faUureof the'promise. shaH: he:madll 20
00 pay immediately the amount; while tbe two last, on a breaoh, of
mgagement (by the debtor); and in their absence, their sons. also." (41). [53].
With a view to. make this very thing clear, the AiUthriJr says,
Yajiiavalkya, Verse 54.
Where a surety for appearance dies, er Blls(i) a surety 26'-
by, assm:ance, the sons of such a one must not pay the deib-ll,;
(hut they should pay) in the case of a surety for pay,me!llli.
1. In the c.Be of "surety for payment, the son".reliable.
VB. Arunachalam 41 M.d. 1071. .nd this li.bility is independent whether
any consideration WBB received by the father. Dtuarl,a Dal YB. Krishna- pat
55 All. 675.
o'.i
2. Oh. Xl. 39-U,
81Q
0180118 &:C.
[
Yrijilavallcya
Verse 54.
:-When dars'anapratibhu!J., a surety for
appearance, pratyayiko wa., or a surety by
Sons of a snrety assurance, mrtah, dies, i. B. goes to heaven, then
for appearance need the sons of these two must not pay the paternal
5 not"pay the debt. debt which has been incurred as a surety.
Where, however, danaya sthitah, a man
standing Burety for payment, dies tatputra dadyu[l,
his sons should pay, (and) not the grandsons. And these too should pay
the principal amount only, not the interest; Vide the text of Vyasa
10 viz.: "A grandson should pay the debt of the grandfather, as also
a son that which is incurred as a surety, equal (in amount) to the
principal only; their sons, moreover should not pay. This is (the)
fixed (rule). "
A grandson should pay his grandfather's debt excepting
15 that which was incurred under a suretyship,
'" Page 37. equal in amount, i. e. as much as was taken,
and not the interest Similarly the son also
(i. B. of the debtor) should pay his father's debt incurred as a
surety equal only to the principal amount. The sons of these,
20 i; B." of the son and the grandson, i. e. the grandson and the
great-grandson, should not be made to pay a surety-debt or even II
debt which is not a surety-debt respectively when they have received
noproperty.
As for the text': "If the debtor is money less, and tbe surely
25 possesses wealth, he sball be liable to pay tbe principal; be should not
pay interest, " that too should be explained as follows
is the.snrety, Kh&daka(t, is tbe debtor. If a lagnaka dies possessed
of wealth, then only the principal amount should b3 paid by hiB son,
not the interest.
30. Where a surety for appearance ora snrety by assurance has
stood surety after obtaining a sufficient pledge, tbere even his sons
shonld pay the surety debt out of that very pledge. As says
Katyayana
3
: "Where a man stands snrety for appearance after
1. Of HtUitflj Roe Srurt.il!htllltlrika. p. ]50 1. 1.1.
A. that i1 would flltJ fLn insolvency petition
wi:::hin ft speeified period lP, (l. gunrantflf'. I for confidence rLild therefore the
sons not lin.hlc. KOllnpaZU TJokshmiwl1'a.1/aun Ran VB. .Hanllmnl1la
R(/(l fl8 j\fnrl r\7fl fl.\; p. :'" VlIfHO, 5:),4.
Ydinavalkya ]
Verses 54, 55,
51iilapitl.ll 0;: of the Habilily.
811
obtaining a sufficient pledge from the debtor, his son shall be
compelled to pay the debt from it in the' absence oE his father.".
The nse of the word assurance indicates by implication (also)2
appearance. In the absence of the father i. e. when the father is
dead or has gone to a dis taut region. 5
S'Ulapal)i.
Yajl1avalkya, Verse 54.
This verse is for the purpose ofordaining payment by the sons of
the surety for payment only; and thus there is no repetition, so
Katyayana': "A surety obligation is never to be paid by the grandsons; 10
by the son even. an equal amount is to be paid, in all cases of a paternal
debt ". (54).
Where there are more snreties than one, (a question would
arise) how should the debt be paid? So the Author says
ya.jilavalkya, Verse 55. 15
When there are more sureties than one, they should
pay an amount -proportionate to their shares. But when
they are bound jointly and severally, they may pay
according to .the choice of the Creditor.
:-H in one transaction, there are two or 20
ba.havo, more sUl'eties, then they should divide
Mode of payment the debt and (each) should pay proportionately
of debt when there to the share (oE each).
are several sureties. when sureties are bound Jointly and severally
the (Chhayft) image i. e. the resemhlance oE one 25
i. e. of the debtor. (Those) wbose liability is determined by it
are known as sureties bound jointly and severally. As the debtor
stands liable for paying the whole amonnt, so also are the sureties for
payment bound jointly and severally to pay the entire amount.
In this way when there are sureties for appearance or by 30
assurance, as also those who are bound severally they should pay
1. i 19r[r lqii\clrrlFJ:.' is rending-which would mean' eVen when th;--'-
Bon has not received assets from the father.'
2. i. o. the mention of the surety for appearance includes the
by assurance: R. Veree,
812
tt1ll1 several
(
Y ddi,ava Zkya.
Vtlr8ll8 55, 50.
according to the choice, i. e. according to the wish
of the dhanikal!, i. e. the creditor. And hence, whomsoever the
creditor asks, having regard to his wealth &c., that one should pay
the whole amount and not a portion.
5 Of those who are severally bound, if auy one has gone abroad
and his son is nesr, then he should be made to pay the whole
accordiug to the option of the creditor. When, however, he is dead,
his son should be made to pay to the extent of his father's share
without interest. As Bays "Of sureties jointly and
10 severally bound, anyone who is available may be made to pay. In
his absence abroad his son should be made to pay the whole. But
if he be dead, his son should be made to pay equal to the share of
the father. "
15
S 'fila panL
Yajilavalkya, Verse 55.
In regard to a debt, where the sureties are limited by portions, there
in the absence of the debtor, they should pay the portion of each his own.
When sureties are bound as responsible for the debtor singly, the
creditor may. at his option, recover the entire debt hom one surety
20 alone (55).
HaVing stated the law relating to the payment of debts under
a contract of suretyship, the Author states the law as to the recovery
of the amount puid by the surety
Ylijilavalkya, Verse 56.
25 For a debt which a surety has been made to pay
publicly to the creditor, double that amount becomes
repayable to him by the debtors.
:-The amount which, yad, the StlTety
pra tibhiij:l, or his son being harassed by the
30 Debtors should creditor, is publicly, praklif.>'am, i. e. in the
pay double to presence of all the people, made to pay, dlipito ;
the surety. to the creditor, dhal1ino; by the king. and not
which he has made voluntarily by going to him
out of a cra.ving for a double amoun t. As says Narada':
1. VerBe, 538, 2. 011. I. 121.
]
VTStl 56;
ever amount the surety shall pay when harassed by the creditor, the
dfibtor shall pay donble the amount to the snrety"; rnikai!l, i. e. by
the debtors; tasya, of him, i. e. of the snrety; dwigul),a
rn
, a double,
pratida.tavyam, becomes repayable. That, moreover, should be paid
forthwith without waiting for any particnlar time, because that is the 5
rorce of the text. This, moreover, has a reference to money (only).
It may be said that this text' regarding sureties lays down a
rule as to the double (payment)2 only. And this
An objection rule is deducible even without prejudice to
the one previously' laid down i. e. (about the 10
increase) which indicates the (several) periods of time. Just as
the rule' regarding the performance of the ritual for the birth (of a
1. i. ,. Yiijfi. II. 56.
2. And not th.t the double is p.y.ble at once.
3. i. D. Yiijil. II. 37-39.
4. The JCtouhti Nyayn (U11ffre;c:n'l) is mentioned by Jnimini in
Sut", 38-39 of the third Pad. of the fourth .'ldkyaya. The discussion in this
Nyayn turns upon the question whether the i3111tfu should be peIformed
before or .fter the "'lin'l'.j (Ht.k'Yroa).-Tho il<lq?l maintains th.t it should be
performed immediately after the birth of tile child, but the says it
should be after the ::nrrrq;q-, and the conclusion is to the same effect.
The relevancy of this discussion here will be seen thus: The \ifmrer'l[t<:f
lays down in substance the general rule of interpretation tha.t where there aTe
two rules and they refer to the same subject-matter, they should be s'o
interprJted and applied as to avoid as far as possible the fault of inco1!g1uittl
(Bee for a fuller diBcussion the Text p. 32 & Trants. pp. 76-80 and 9.N'fgl
on verse 56). In the present case the of the o:zrrif is invoked in
thi, way by the (objector). Yiijuavalkya in verse 37 lays down the rule
about the periods of time when interest is allowed to accumulate. In the
present verse (i. fl. 5(3) the rule laid dowll is that B Burety who is compelled
to pay is entitled to a double. Therefore the suggestion in the oriCf?l iB 'toot
the rn1e in verSe 56 should be taken as subject to or llJithout p1'ojudice
to that in Verse' 38 and 89, eo th.t the dOUble that tho surety is entitled is
not payable at 0'1100 but subject tl) 'the conditions laid down in verses 38 Illld 39.
This position has been refuted by the and the conclusion arrived at is
that the double that is due payable to the surety under this verse is payable
at 01"0 (00 '19 l'ii'l"'r ifl1iOZl,,\). Note Ihe following extmct from the Subodhiui.
IfW"fr I <fill iliRIii<fl'fr*, FI'lfr '3ilITHFfl1im
[;[;;6, 'l: 1 3Tiilll 'I <I.rI1l!ru<fi'iI'if 1 and
there he states conclusion ciqqr'Fi <rH,;ur ,
(P. 32 1. 15. Eng. Trs. p. 78 1. 28 and _p. 1. 15.
814
TV7wu pal/able '!
[
Y djnafJalicya
VerBs 56.
child) is (understood as being) laid dowu (to be) withont prejudice
to the rale about (the period of) impurity. Moreover, if it (i. e. the
rale) is uuderstood as laying down au immediate increased .payment,
it being impossible for an immediate (increase)
5 " PAGE 38. i. e. a calf in the case of the femaie of a beast,
it carries us to the payment of the original
principal alone.
(To this the answer is) This is wrong. The text
would be meaningle.s if it is nnder.tood as
10 The answer laying down a rule as to the doubling only
(of the principal), since the rule as to the
donbling (for the principal) by regard to the periods of time has
already been established by the text
'
: "Of cloth, grain and gold the
utmost increase is fourfold, tbreefold, and twofold." AR for the
15 female of a beast, even under the rule of increase by lapse of time,
if there is no progeny. the beast alone is to be returned. Moreover,
even when some time ahet the payment of the amount the surety
comes to an agreement with the debtor, it is possible to have the
progeny then, or he may retnrn the female beast along with the
20 progeny already born before. So there is nO force in this objection.
Again, a surety-debt' is a debt, which is incurred voluntarily,
sili the payment made by the surety is therefore necessarily a
volantary payment. And there is no interest allowed for a voluntary
payment before a demand. As has been said:' "A friendly loan
25 does not carry interest when no demand is made. 1 it remains
unpaid on being it carries intel'est at five per cent."
Therefore this text lays down that this debt which originates in a
voluntary payment (by the smety) even thongh undemanded' 1V0uid
I. Yiijii. II. 39 sep "hove p. 769.
2. Here there is an attempt at a pUll upon the word The
compound is to be Bolved o.s for the pleD-sure of Ihe
not (IliNt) or the p.yer. The hll.cy is best exposed by taking the origin.l
word as it is. In Sn.nskrt it ll1n.y menn "something given for pleasing
another" or it may mean a friendly loan-as it is technically understood in
the text cited frpm Narada. The ground fOT the objection stated in the text,
is supplied.by the ambiguoue middle !fiiii'fR'
3, Ily Narada 1. 109. '1. i. c. By the,u,sty.
'Yrl,iiiavalltlla]
VCf8fS 56-57.
&' S'fiJapfl.l)1.-Au exce'ption to the general ritZe,
815
it the most) increase in course oE time as Ear as double, commencing
rom the day of tbe paymeut, is wbat is (intended to be) stated by
his text.
This also i, wrong. Snch a conclusion cannot be drawn Erom
his text. Tbe only inference dedLlcible is a double sbould be 5
epaid. Therefore, whlt bas been suid above is proper viz. that
laVing regard to tbe furc" of tbe text the double sbould be repRid
witbout regard to tbe rule as to tbe perloJs of trme.
Siilapfi l1i .
Yfijfiavalkya, Verse 56.
Where the smety or his son has been compelled by th e creditor to
pay the amount, to bim the debtors should pay double the amount.
10
By wbat time suc,h double becomes payable, has been stated by
B,haspati': "When a smety pays on a demand ([1n amount) which has
been vouched for. after tbe lapse 01 tbree fortnights, that amount 15
(the debtor) is bound to pay" (56).
The Author mentions exceptioU5 to the rule as to a double
payment to the snrety which has been laid down (above) as a general
rule
yajiiavalkya., Verse 57.
Progeny in the case of female beasts, three-fold in
thB case of CDrn, four fold in the case of cloth, and eightfold
in the case ofliquids
2

20
:-Like the donble, in tbe case oE gold, the
female beasts &c. should be caused to be returned with interest 25
as decl.lred above without regard to (the rule as to) time. As for the
verse itself', it has already been explained. The purport is that
whichever limit hag been laid down as the highest (incremel1t) for
eacb particular thing, with that increaBe it should be paid at once by
the debtor to the surety who has paid (the principal), and withont 30
waiting for any particular period.
1. Oh. XI. 44.
2. i. c. are allowed to a Burety who has paid the debt on account of the
principn.l debtor.
3. i. c. of Y6jfi. v. 57.
24
816
lecl from becoming SllTC ticH
[
y
r-7.
When, bowever, a surety ror appearance is nnllble, at the
appointed time, to produce tbe debtor, then a th"ee fortnight's time
should be Illiowed to bim for findinrr Ol1t the debtor Then if he
l7.'
produces him, be should be relensed', olherwise he ,rlOuld he made to
5 pay the amount in dispute. Vide the text of Katyaya,na,J: "As
ror finding 011t an absconding debtor, time sbouid he given to the
extent oE three rortnights os the farthest limit. IE (hring that time
the surety point him out. tue surety should be absolved. If
(however) the surety do not point him ont after the lapse of the time
10 (allowed), he shonld ba made to pay the amonnt gLlttr;mteed. This is
also tbe rule when he (i. e. thc debtor
3
) is dead."
The same writer" bas also laid down the rule prohibi ting
particular persons from becoming sureties: "Not tbe master, nor
an enemy, nor oue holding a power from tbe master; nor one under
15 restraint, nor a convict, nor even one (who is) of u doubtful character;
nor also an heir, nor friEnd, nor the resident student, nor one
engaged on a commission from the king, nor also those persons wbo
have entered tbe fourth' order, nor Olle who is not competent to pay
(the amonnt to) the creditor and an equal amount to the king as a
20 fine, nor one whose father is living, nor a wayward, nor one who is
not (properly) known, sbould be accepted as U 8nrety guaranteeing
performance by himself", Sandigdhah, one of a donut/ui charaeter,
ABHIS' ASTAH, i. e. one upon whom hangs an accusation. Atyantavasina\l
resident students, i. e. studeuts leading a celibate life and specially
25 known as N ail!n(hilca
rules,
Here ends tbe law as to sureties.
Viramitrodaya.
In regard to a transaction with suret.y, the Author states special
1. FrOID his liability DS (l sureLy.
3. See B.lambbaHi.
4. Kilty.yana Verses, 114,115,116.
2. VerBf5, 532, 533.
5. i. D. the In.st 0 f the four sta.ges of life according to the Aryan law
viz. 9"T;:HH'q Ilnd '{(;:lIla. The life of acelibnte, bouseholdet, h!;lrmit,
and an ascetic.
6. See yajn. 1. 50 and thereon pp. 792-79'1.
of suroties.
817
Yajiiavalkya, Verses 53, 54, 55, 56, 57.
Dane, 'for payment., i. e. making payment bim,elf, by recovering
from the debtor and making over.
Moreover, B,haspati' makeB this clear: "Now, one saYB 'I will
produce (tbi' Ulan)'; anotber ""Y8, 'He is a reBpectable man'; the third 5
Bay", 'I will pay the debt'; and yet another BayB, '1 shall the
goods.' (40). The firBt. t.wo however, on a failure (by the debtor In his
engagement) should be made to pay tbe amouot advanced at the time;
t.he laBt two alEo, on a br cb of tbe engagement (by tbe debtor), and in
their abeence, their Boue abo. (41)". 10
He who says, 'I Bh,,11 produce before you the man proceeded
agldnst' he is one kind of Burety. In this Wlty is to be connected further
on q eball pay', so says aDotber; thus is it to be couueuted. In the
expression Adyalt ill 'the first tIVo, however', by tbe OBe of the word tu,
'howover', it. bns been indicated that of the first two kinds ot Bureties, 15
S\10.8 must uot be rnt1l.ie liu,ble to pay. 'On n. failure', i. e., when there
occura 1.1 discrepancy in the matter of tbe or t.he gOQlluBSB
vonched for, the BonS "Iso shall be compelleJ 10 p"y. Thi. construct.ion
f'ollolVH frum cOIlseq'18utial cbU,Due iu the CIlBe inB.vxiou. By the
Uge of the word api, are incluned. the tlUretie8 for pf-l.,Vrueut, 20
The author nf the e,y' tll.t r.be A'H\.,or furtber
expounds what had already been et ... ted before. As a ma;.ter of hct.,
however, the rule stated in the firsV verse relates to BUfeties when
Iiviog; the word ita1'asya) 'of the other'1 meauing of the onB gOIHl I1hroud,
and for a Buret.y who is dead, the rule is stat.ed in the secoor! verse, aod 25
thue there is no repetition. This is the priociple.
Those who stood suroties for payment, their Bons ehoul,l p"y ; this
is the cul1stroction.
Bu/uwa iti. [f t.here lire several enreties then they should pay upon
a non-p"vrueut by the debtor, suub portioo of tbe amc,uut of til" deut "" iB 30
proportionl1t.e t.u t.he fr1.otilHI to by 611.ch. 11 pll.fticullH
fr/\ction \.1(1'" hAllH fi iri by an there the ILtijuBtrneut is to be
made undtlr the rclt:l
3
: 'Equ.\l shall be wtlere uo t'pecitication hIlS been
dec\lU'ed.' Tile WI"'ll is of more tf'Il.U one;
therefore it shollil be noted ttHTr wnere ttltlre llore two Btlr6t1tlS1 there 35
this arraO!lflmp,nt, 101(1:-;,
1. Oh. Xl.-'lO. 41. 2. i. c. Ve Btl 53.
3. 'fiB i5 the iull :3Ln.temont OT the rule. Where no 'ponion
has been exprtlst>ly speeified
l
there tile :;hllres sl1l111 b, equu.L
Slltl J:dmini X. III. 53-0<1. is the 131h Adhal .. arana whicll hfl.s b13en
atn.ted thus:- .
fl 'fiill ::rr :ql \ 'irt{l=t{ 11 1\
This mllX m is illuslTI1t,ed in ttl--: PariSislrtn to the Pal"askwa GThyn Sutra,
where to t.he severlLl deities are prescribed-As no number is specified,
one for en.ch equl111y is the inference, .
,818
Virnmitrodnyn-FvT .femalell amI bCGlIts.
[
Y4;natlallcJ/'l
VcrHIIIl 55-51.
Among these sureties, 'those who are bound
jointly and severally', dkanikasya, 'of tbe creditor', yatlta"1lc"i, 'accordiog
to (his) optioo', in accord"oco as he desires, 'should pay'.
'one image', i. e. having onB entity in the matter of tbe
5 payment of the entire debt, under an agreement with the creditor
insistiog thus: 'I shall recover frorn aoy ooe I cboo]e', and accepted
by the sureties. 10 this form, by the soos of the sureties also wbo could
be pursued for the payment, most be paid wbat their fothsr Was liable
to pay, but without interest; tbis btLS been slated before. (55).
10 The Author meotioos the rule regardiog repaymant by the debtor
of the amount paid by the surety, l'ratibkurdlil'ita iti, 'wbich a Bu"t,y
bas boen made to pay &c.', tbat amount, whicb the 'sllret,y', p,oatib/luh,
praM/Jam, 'publicly', i. e. io the preseoco of witoeases, by the kio" and the
like, has been compelled to pay in regard to the creditor;, that, beoomes
15 payable in double quaotit.y by the debtors to t.he Bureties. This, moreover,
is to be observed at the time proper for the iocrea,e by dOllbl,. (5G).
The interest is to "e,in to ron thl'ee weekR lIfter Ute p"ymeot
made by the sureties, vide this text of B,haspati': "000 wbo being
under a. Huret.y oblig\ti(}[j.! plty!:! when U::! r-uret.y (hy the Cffl.litor),
20 after three fortDlgnLfI, tlmt 1l1110UUt, lie is fHltitleli to rBcdvtl iu dUlllile
lJ

So u.lt:w allY atlier tlIDOllut speot, by t.be :mretv in eOllnec!ioo wit.h the
surerysldp) Ulust lie pnid by t.ile dehtor, as "\VIlI\levt;r
bu,!:! beeu IH\il1 by aue Oil I1CClJuut of UllotlltiT, wtJBU 11I1:l .... II.\' the crejitur,
and by Wituct:lt:ltlti, thut u.ruUUllt lhe tlur,lty Rllullili n::lllllvt'r".
30
36
Of the rlllH stntbd above 118 to tbe dnt1(,Iillg} tbA Anthor mflutinns
an exce{Jtiou: 't,ogBtb!-r wit.h the progt:HIY'. A WUOIlltl,
and toge:ber (lJhlie ihij COlllPOUllci word "lr.m!des [1nd beilstl'l';
tIJl}t. iVrlll by Lue surety tuger-ber will! t.lle progeuy vz nr, tile tin.e 01 Ille
T, lt8 much progeuy is baru, aloug wi'li ILu.t the dehtor shluld
pay to the surety. Tbis is tbe menning The wor,t "tClgtlOY is H,IE'o
iudiclltivrl by irnplwdion of labour [\1'cordiL'g to tLe or tile linn'.
In the the rea ling is
'progeny itself ill thtj Uti rueu.uiIJg hi, tllu,\. ill Iba
CB.1'8 of fMIUlde bAIl,gt,S, the progeny is interest which wu,i-I to lwtwl"ll 11
the debtor ood the creditor, that "boold t,e mode ovor to tile surery by
the debtor.
1. Oh. XI. 44,
2. V t:rse 540.
3. l1fitramU'1a and Sulapani read mlcr,niOir for in
Verse 67.
j
Yd;ii
a
vallc
y
a]
Verse 57.
Vlromitrodoyo, &: Mitak!hor.-PlcdYeB.
819
DMlnyamit!, 'corn &c,', where, whichever iB the highest interest,
tbere tbat together with tbe amount of iutere,t sbould be paid to tbe surety,
is the collective Bense, By the UBe of the word eva, 'only', is excluded
the c.lculation of any more interest. B.v the use twice of the word ella,
'nnd .180', are added five-fold in ths caBS nf cnrn only, ani! in tbe CElse of 5
trifles (the rate of) increase is not stated bere.

To this, the Author mentions an exception
Yajiiavalltya, Verse 57.
A woman and a heast, make up (the compound) 's woman and the 10
beast'; debt in the form of these is 'women and beasts '. Wbere women
slaves, or she-goats etc. have been recovered by tbe creditor from the
surety, tbere, the surety should recover from the debtor, the women slaves,
or tbe she-goats etc. together with the progeny also. Grain etc. as stated
belore. All other things at double. (57). 15
THE LAW OF PLEDGES.
In a loan tramaction of mnney, the guarantee t.o he offe"ed to
to the creditor is tll'o'[old viz. a suretY'lild a pledge. As BUYS
Niira,ia,l: "The gllurantee 10 be offered to the creditor is two-fold;
(viz.) a sl1rety and a pledge." Of tbese (tbe law as to) surety has 20
been deult with. Now the pledge is heiug described. . Adj1i, pledge,
is that Which is deposited i. e. hypothecated
The law of by the dehtor witb the credItor for tho "uke of
pledges. (cl'e"tillg) couli,leCice fLl! the Blllllunt borrowed,
(tbut) is an A"I(!i. Tha, moreover, is tlvo-lolJ: 25
KrtakiLla, [I, a pludge wltb " time-limit, and Akrtakala.\l, a pledge
with no time-limit. Each of thesa aguin is two-fnld: A pledge for
cu,to,ly, and a pledge for use. As s"ya N:l.rada.': "A ;.>ledge is
thllt wbich is d,po.<iteu anr! is known to he of two kinds; one for
(the re,iemption of) which a time limit is fixed, BUll tbe (other) 30
which is to be retained until l"YTnent". Again, it is said to he two-
1 Lh. l. , i 7.
2. 1. 124 Dr. Jolly trnnslntes thus: "That to whi.ch D. title is given
(adhikriyatc ) is called a
820
5
10
15
20
30
fold; a pledge for mere CllStody, and " pledge 01' enjoyment. 'At
the period fixed',,, e. at the time oE the loan
Rinds of pledges. itself. e. 9. (with the word) at such aDd snch a
time c.p. at the illumiue,li ," festival-this pledge is
to be redeemed by me, olherwise it will b"come Y0lll'S. At the time
thus appointed (it io) to be mlml away, i. e. to be tllken near him-iu
other words-to be redeiJmcd. D8yam, 'what i, to be giveu', means
(the act of) giving. 'Until \ ..Hl,ym-Hlt.' 'l,o'IJrld,JI3,1/-'lm , means without
prejudice to the lleullm. meBns fixed
" PAGIi 39. i, e. appointed. YCt"lldd"yodpala(l, 'fixed until
paymcnt' mem!>] the tim" [or which is the
iuterval 01' the repayment of the borrowed amoilnt, i. e. (.Jr which
the time has no! been fixed. For mfe cll8to,l;- i. e [or being
preserved.
ya.jii.a valkya, Verse 58
A 'Pledge lapses if (it is) not redeemed by the time
the 'Principal amount is doubled: tha.t with a time
limit, (lapses) by (the lapse of) the time; a usufructuary
'Pledge never lapses.
Mitakshara :-If, yadi, i. e. when, clha,ne the amount, lent
Special rules
ubom the pledge
& its fool' kind;
described above.
b"c':lrIlPS double in course DE time with the
",ldithll of interest us fixed by himsJlf, na
mok:hY2ute, (tbe pledge) is not "edeemed by the
debtor by the payment flf rIloney, then it lap,es.
i. e 1.h" l'ropert',' of the debtor becomes the
lender's OWn. kii,lalq tall, with a time-limit.
The word kUla bas been placed first under tbli rule of 1ll
AhitagnYl.ldi,!lm
1
-" iu (the compound,) Ah,td!J"" and the like, the
words tormed by the passive participial termiu"tions may be
placed optioually at the begiuning or end." That, moreover,
nas/yet, will lapse; kale, wben tbe appointed time is reached,
wbetber before or after it i, doubled. phalabhogyap., usufmclua1'y,
is that wbere the profits are to be enjoyed, (e. g. ; tield, gardeu &c.
Tl:mt, na nasya ti, dves not lapse, at, any time. By tbe text;" At
Timc fOT rcdemption
the time fixed, that with a time-limit lapses" tbe lapse of both kinds
of pledges limited in time- viz. for safe custody and lor enjoyment
has been lflid down. The ab,eoce of a lapse of a pledge without a
time-limit bas been stated in tbe text: "a usufructuary pledge does
821
not pet ish." Therefore by 'the rule of the remainder' tbe text 5
viz.; " A pledge would laps,1 &c. " comes to be in reference to the
pleclge for sufe cUbtudy, and not to one having a time-limit.
\Vhen a lapse occurs wlletller on acc IUnt of the transgression
or the rule of doubling or by the violalioll of the condition as to the time
fixed (b.y the parties), a fourteen day's waiting time should be 10
observed-l,ide the text of Brha.spatF VlZ: "When gnld is donbled
or the stipulated period has elapsed, the creditor becomes the owner
or the pledge alter waiting for twice-seven days. During this period
the debtor may redeem the pledge by paying the amonnt ".
It may be soid ' it is improper to say that a pledge shall lapse' 15
in the absence of circamstances. SllCG us girt, eale &c. wbich (would)
callse a cessation or tbe debtor's ownersbip, as alba in the absence of
circnmstances wbich wonld create the creditor's owuership, snch as
acceptance, plll'chase &c., und also becallse there wanld be a
disagreement with tbe text. of Manu-' : viz. "Nor, moreJver, can there 20
be a transrer or sale of a pledge on acconnt of length of time. "
Accllmnlation on acconnt of time '-( the pledge)
standing over fQr a long time. On acconut of the Ktllasaj'!'rodha
i. e. the debt retminillg over for a long time, there cannot be a
tran.<fer (na nisurgosti) of a pledge, i c. there Cllooot be hypothecation 25
with another, nor also a sale (nu cha Thus lrom the
probibitioo against hypothecation or sale (of a pledge) an absence
of ownership of the creditor is deduced. (To tbis) the answer is:
Even the act of pledging itself is considered as a circnmstllnce,
althongh conpled with a contingent condition, creating the creditor's 30
ownership. The acceptance of a pledge alBo is well known in the
world as a circumBtance, also can pled witb a contingency, creating
the creditor'B ownership. So wben the arnonnt becomes donbJed,
and also when the time hus arrived, the right oE paying
1. i. c. tho first huH of verse 5B.
3. Oh. YIll. 143.
2. Oh. Xl. 27.
822
with flUBtoily.
the amount becomes entirely extinct, and thereEore nnder the
present text' there. occar. an entire cess.tion oE the debtor's right oE
ownership, and the ownership oE t.he creditor becomes absoillte.
Nor, moreover, is there a conflict' with the text oE Ma.nu'. For,
5 the text: "Nor, moreover, can there he It transEer or sale oE a p'ed"e
on BCCGUnt of length of time" bas been stated after introducing a
pledge Ear enjoyment thus: "Nor, howeve,', can be get interest on
the loan when tbe pledge is for usp. ". And there boing a prohibition
against hypothecation or sale in the case oE a pledge EOt uSP. atld
10 enjoyment, the creditor cannnt acquire ownership. Here also it bas
been said, VIZ.: "one Eor enjoyment of profits do.,s not lapse. "
In the case oE a pledge Eor cllstody, however, "Manu' has
stated (the rule) separately: "A pledge (for cu,tody only) mllst not
be used bv force; (aud) olle (so) using It shall hrfeit the intel'eHt."
15 Here also it will be said hereafter': -' There ,hall be tlO interest if a
pledge fur safe custody is used." The text: ,. A pledge whtn dJubled
lapses" bas been stated witb reference to a pledge for cu.tody.
Thus everything is witbout a contrAdiction.
Viramitrodaya.
20 'Every month in the case of a pledge', so hae heen stated'; there
in regard to pledges, tbe Author states special mle. upto the end of
the chapter
Yaiijavalkya, Verse 58.
There, a pledge is of four kinds, as differentiated by the ,everal ele-
25 ment's of charact.er, kinrt, time-limit, and form. So also B,haspati': "A
pledge is lermed band/la, and is declared to be of four sOrts; movable or
immovable; to be kept only, or to be used; to be relea,ed at. !Lny time,
or limited as to time; stated in writing, or stipulated (orally) before
witoe,ses". By reason of its being indicated as to its fonr-foln natnre
30 hy regard to its choucter, etc., such "8 the fonr kinde ,uch as movable,
immovable, etc., and thus of four kinds. 'Stated in writing', i.e.,
haviug an evi,lentiary support strooger than witnesses. Ot.her t.exts,
1. i. e. of yajiiovo1kya.
2. VIII. 143 i. ,. the one referred to above.
3. Oh. VIII. 144. 4. VerBe 59 further on.
5. Veree 37 above Bee p. 763, 1. 26. 6, Oh. XI. 17.

Verse 58.
Vlrnmltroanyn-A Kala7crt. Pledge.
however, are to be. interpreted as not to contradict this; this is in
short the import.
If after the principal amount has become douhled it is not relleemed
by tbe debtor, tben tbo .rigbt of the debtor lapses. thntwith
a time limit', i.e., one for which a period hos been iiKed, i.e. 'if by such 5
and suoh a date the pledge is not redoemed by me tben it becomes your
property by rigbt of ownersbip', tbus with a time limit agreed upon.
A pledge to be used or for custody only of this sort; KCile, ' at the time "
i.e., at tbe time fixed in that manner, upon the debtor not making the
payment baCk of the debt, "as yet , 'shall lapse " i.e., will be removed out 10
of the ownership of tbe debtor. This is the meaning according to the
aud others.
The revered Author of the Ratnakara, however, maintains that
this text is to be differently interpreted: as in the CBBe of transRctionB-
such as regarding bronze, etc., where no agreement was made, there,
witbout tbe consent o[the debt,or, dealing with the property as his OWn
by the creditor is not seen generolly. That interpretation is thus: where
15
the debtor himself st,ipulates by a declaratiou thus, 'Wheu the amount,
becomes doubled aud 1 do not redeem the pledge, then this (pledged
article) will indeed be you,"', then after the amount has become doubled 20
and no redemption has taken place, the right of the debtor becomes
extinct. Here the reason is 'with a time-limit '-where a
time has been fixed at which one's ownership will become extinct and the
right of ownership of the creditor will spring up-such a pledge becomes
lapsed by the time fixed.
A pledge with poseession for the enjoyment of the fmit, however,
wbere no time is fixed, does not lapse even by t,housand years.
'When it becomes dou.ble, it has to be redeemed by me' with such an
agreement finally made where a pledge was deposited by the owner, i.e.,
a pledge for custody, such a pledge, when the amount has become 30
doubled and is not redeemed, lapses. Double is indioative of the highest
limit of the increase.
A pledge for possession, however, although thus stipulated for, if
it beoomes doubled on aocount of depreciation or investment, does not
lapse even if not redeemed. 'with a time limit' i.e., where 35
a time limit has been made, such as, 'withiu such period if it is not
redeemed, then it will be yours indeed', and the like stipulation, when
uot the entire pledge lapses. Thus the clause 'wben the
amount is doubled' should be taken as stated. In tbe case of
a contlict with the usage of the however, it should be taken as 40
25
82.1 VirnmitrodnYBj 5'ulopfu;1i, &. MitakJ;lbnrll.-Pleag6. jar cuato{ly. [Ya';;IrJ,val-kya
58-60.
indicative by implication of a particular period of time. Suchan
interpretation, moreover, appears to be better.
In regard to the expression 'lapsss', Brhaspatil st,ates
a special rule: "When the time (for payment) has passed, and interest
5 has ceased, the "reditor shall become the owner of the pledge; but before
ten days have elapsed, the debtor is entitled to redeem it". Vyasa also,
"When gold has bscome doubled on account of the completiou of the time
in the stipulated period, the creditor becomes tbe OWner of the pledge,
after waiting, however, for two weeks." Here the decision is to be
10 reached according as the debtor is well placed or is not well-placed. (58)
S'iilapa9i
Yajliavalkya, Verse 58 .
.After the amount has become doubled if the pledge is not redeemed
by tbe debtor, then it lapses e. g. it hecomes the property of the person
15 advancing the amount. If a period of time has been stipUlated by
himself, then when that is reached, it lapses. Vyasa states a special rule:
" After gold has become doubled, by the completion of the interval under
the stipulated period, the creditor becomes the owner of the pledge, after
waiting, however, for three weeks; during this interval, the debtor may
20 redeem the pledge by paying the amount". (58),
Yajiiavalkya, Verse 59.
There shall be no interest if a pledge for custody be
used, 01' one for use be damaged. If a pledge is spoiled
or destroyed it shall be paid, unless it be by the act
25 of God or the King. .
of a pledge for custody,
e. g. a copper pan, there sball be no interest in
" Page 40. case of any use (made tbereof). Although
the use be slight, even a large (amount of)
ilO intercst would be forfeited, as there is a breach of contract. So also,
where the pledge is for possession and use, and the object of
enjoyment, sucb as a bull or a copper pan, wbicb is pledged with
. interest is damaged i. e. has been rendered unfit for (beiflg dealt with
iu) any transaction, there is no interest. Tbis is the context.
1. Oh. XI. 26.
Ydjilaoalkya J
VtV8e,5D.
MIUk!hftrn-A pledge foe "so.
825
A pledge which has been spoiled, i. e., has undergone
deterioration e. g. a copper pot &c. on accouut of a hole or on account
of its being broken &c. should be made as (it was) before and
returned. Here a pledge for custody, if damaged, should be returned
after it is restored to its former condition. And if it is used also, Ii
even' the interest shall be forfeited.
A pledge for use if spoiled should be made as (it was) before
and (then) returned. If it carries interest, the interest should be
given up. When it is destroyed i. e., haR perished entirely, snch a
one alsJ should be paid by paying the price. By paying it, he gets 10
the amount with interest. When he does not pay then (even) the
principal amonnt lapses. Vide the text of Narada' ;-" If it is
destroyed, the principal lapses unless the loss is caused by fate
or the king." Unless it he by fate (snperior force) or the king;
fate, i. e.; fire, water, and generally any misfortnne &c. 15
Unless it be without the loss caused by superior force and 31so by the
king when it is 'without imy fault on his part. In case where the
destruction is caused by fate or the king, the original principal
with interest or afresh pledge should be given by the debtor. As
is said: ,'; is washed off by a stream, and also when it is 20
taken away by'the king, another pledge should be given, or the
amonnt paidhl' the creditor." Here 'washed qtf by a stream' is
indicati'libLconseqnences of a vis majoT. " .
--1"l':l', '"
"' .. , I
Viramitrodaya.
. Yaji'iavalkya, Verse 59.
GopyudheJ;" 'of a pledge for cnstody', as copper, silver &c.
upabhoge
1
on being used J, even thong h very small, 'interest',
although large, no, 'doe, not' accrue, by reason of the transgresBion of
the contract. Similarly, 8opakilre, 'in the caRe of one for use' e.g., in the
25
case of a cow &c., where the consideration takes the form of enjoyment 30
and use, tatlta ltapite, 'is so damaged', i. e. has been rendered unfit
for (being dealt with in) any transaction, for that, pledge there would be
nO interest . '
by being broken or otherwise, has become
entirely unfit for uBed in) .. ny traosllction whatsoever, 35
Dh. I. 126.
826
Vlramitroduyn & S'ulapftQI-Lo88 of the Pledge.
[
4inavaZkya
Verso 59.
'destroyed entirely' i.e., reduced til the use of th'e ",ord
c//U" 'also', carried away by thieves-by the creditor, the pledgejdel/a(t
'should be paid', to the debtor.
The expression 'excepting when it is due to a c.l.mity caused by
5 fate or the king' is connected with the words 'damaged' and an
other expressions. It, im port is-' due to tbe fault of the creditor'. By
the luse ;of the word at/la, 'or', stated before the word 'damaged',
the expression 'unless caused by fate or the king' is severally
coonected with t,be two.
10 If, however, he does not give, then the prinoipal amount beoomes
a forfeit, vide the text of Narada
l
: "If it has been lost, the prinoipal
is forfeited, provided the loss was not caused by an nnseen force or
the king."
Where, however, as compared with the loan advanoed, very
Iii valuahle jewels, etc., had been pledged and is either damaged or
destroyed, there, whatever in excess the value of the amount advanced
may be, that the creditor should pay to the debtor; vide the text of
"If on account of its being nsed, a pledge is rendered
worthless, the principal (itself) is lost; if a very valuable pledge be
20 spoiled, in that case he must satisfy the debtor", and also vide the text
of Vyasa: "Through the fault of the pawnee, if a pledge consisting of
gold or the like be lost, the debt together with the interest i8 accounted
for, and the creditor is compelled to pay the value of the pledge."
The text of Manu': "The fool, who, withont the permission of
25 the owner puts the pledge to n8e, shall remit half the amount or interest
a8 compensation for the use ", is to be nsed in reference by pledge not
for nse of things like a slave and the like, where nse is anticipated. In
such a case, however, the loss 01 the entire amonnt of interest has been
stated by the Author, and thus tbere ie no conflict. (59).
30 S'Ulapa\1i.
yajiiavalkya., Verse oS.
A pledge for custody such as cloth, ornaments'etc., or dne for use;
such as a cow etc. if rendered uufit for (being used in) any transo:ction,
except in cases of superior force or the king; or where it is ,entirely
35 destroyed or is completely deformed, should be restored to thepladgor as
1. Oh, I. 126, Oh. XI, 20.
3. Oh. VIII. lQl.
YdjiiaualltllU ]
VBr" 60.
827
it was inthe.originaJ. S6 B,hsspati': "If a 'Pledge be destroyed by a fatal
accident or' by an act 01 the Icing. tbe debtor berequ,ired
deliver anotber pledge or to pay tbe debt "(59).
Yajiiavalkya, Verse 60.
The (contract of.) pledge is established by the (proof 5
of its) acceptance (by the creditor). If it suffers
deterioration even when carefully kept, another must
be substituted, or the creditor must receive the amount
(due to hi
l11
).
:-Moreover, adhep., of a pledge,i"e.,of the one itO
[or UBe aB well as tbatfor custody; swiika;l'al)at,
Proof of a by ( the proof of its )aao8ptancB, i. B.use; siddhill,
Pledge. .proof, of itB acceptance ,and not merely by
witnesBes, Bnd writing, nor by (the proof of)
mere intention. Assays N.arada:' "Adhiisssid to be of two kinds, 15
I!iz., (of) movables as well as (of)immovablea. Both of these will
be deemed to be established if there is possession, not otherwise. "
And the resnlt of this is: "In the caBe of a pledge, gift, or sale, pro()f'
ofa prior transaction is however stronger
3
" i. e., in transactions
wbichhave been completed hy acceptance, evidence of" prior one is 20
stronger, while the one in which there is no acceptance will not
have force eveu though it be prior. And if such a pledge,'''e'len
while it is being carefully protected in course of time,' suffers
asaratam, deterioration, i. e. becomes iusufficient (as R security)
for (the payment of) the original principal and interest even tbough 25
not changed (in form), tben either another pledge should be offered,
or the amoullt ofthe.debtbe;paid tothe.creditor.
1. Oh. XI. 21. Here apparently this text 'is cited in amplificlLtion
of . the to 'indicate the procedure where the 108s or deterioration ba.kes
pl.ce under an nct of God or thus pointing tothed,btor',
to replace tha.pledge and not the crodito1"8 duty,whlch if! 'principal point1n
the rule stressed in tho above VerSB of .Yajiillvo.lkya.
2. :See yajii. II. 23,nbove. p. 718 above.:
or an order of the king.
.any -unseen superior :force difficult.to .withstand .or .counter .with
'as a.n illuatration-' cBrried away by thiev.ea'j Dr. Jolly
translates it as 'f.t.'. of. N.r.ita Oh, I. 126, .
3. Oh. I. 139,
828
Vlroulitrodayn -& a lJl8ti!Jc i8 deB/royed.
[
Y djnu'lJullo1ya
Verst! 60,
,By sllying "deterioration even though carefully kept" it
has been indicated that the pledge should be carefnlly kept by 'the
creditor.
Viramitrodaya.
Yajnavalkaya, Verse 6@.
'of a pledge', swikara1}at, ' by the accept-nce " such as
of a pledge for custody by delivering it over, and of a pledge for use, by
enjoyment, 'is the establishment', and not merely by tbe
writing and other means, vide the text of Narada': "A, pledge,
10 however, has been declared to be of two kinds, viz., (of) movables as
well as (of) immovables. Both of these .will be deemed to be established
if there is possession, not otherwise."
By this, in the text': "In .the case of a pledge, a gift, or a sale,
etc., the prior alone has preponderance". Proof of 'possession is stronger,
15 and the conclnsion that is deduoed is that a prior one without pOBsession,
however, althongh prior is not stronger.
'Such a pledge, however, 'even whileoarefully
protected', if it, snffers deterioration in course oHime, then "nother pledge
should he placed by the debtor, or the amount of the. debt should be
20 paid to the creditor. ,The word Api, ' " h.as the Bense of opposition.
In the case of the cow and the like, if it be lost,by 8 fatal accideIit, the
principal becomes lost. Here alBo the usage of the caste alone is the
ant4ririty. (Bl),
"-'Ti'
S'ulapa\1i. ,
Y1l.jiiavalkya, Verse 60.'
'of a pledge' the establishment,' is by the
aoceptance -i. e. by possession and not by mere intention. So Vyasa':
"A pledge is said to be of two kinds viz: (of) movables as well' as ( of )
immovables. Both of these shall be deemed to be established ifthere is
30 possession, not otherwise" (60). ' , ' .
The Author mentions an the rule' "-A ,'pledge
lapses if doubled &c."
1. Oh. 1. 189.
3. The antQe verSe is
Oh. 1. 189.
2. Y.jii. n. 23. ,See above p. 716
asaignrd to N:1.rada, where it is.
4. Yi!.jfi. II. 58 (above).
MItAkl}hnrn.-Ohuritru PlecZgo.
829
Yajiiavalkya, Verse 61.
In the case of a debt contracted on a . Charitra
pledge, the amont must be paid with interest, and in
the case of a debt contracted on a chattel delivered as an
earnest, he shall pay twofold. 5
lVIitakhara :-Charitram, conduct i. B. good conduct .
. Pledge by u chari/ra is a Charilra pledge.
Exception to Upon (the strength of) that whatever amonnt
the rule that 'a has been borrowed and kept for self or given
pledge lapses to another. This:is the purport. Relying upon 10
when the debt the good faith of the creditor whereQ thing,
is doubled. ' even though very valuable, has been made over
by the debtcr to tbe creditor, and only a small
amount is borrowed, or, where, relying upon the good faith of the
debtor, the creditor has advanced a large amount to the debtor even 15
after taking a pledge of a small value, that amount the kin g shonld
cause to be paid with interest. The purport is this: A pledge of
this sort does not lapse even though the amount is doubled, on the
other hand the amount only should be paid (to the extent of the)
double. 20
Similarly, satyanklirakJ.'tam. Kdrit (aIi act) is tbesume
tbing BS) Kara1}a (making)!.' The affix Ghail is used bere to
denote action. (<II'! Bhava.). The making of trntb is Satyankdra(L.
The augment !!'l( ) is used under the rute of grammar (6-3 .. 70)
" !!'l is the augment of and "l1l1\ wben the word 'oR' onows." 25
That which is made by means of a Satyankara is a Satyankarakrta.
Tbis is the meaning intended: When even at the time !Jf offering tbe i.
pledge itself it was agreed thus viz. "even when .. the deht is doubled,:
I am to pay the double amonnt only, and the pledge is not to lapse H:
then the double should be caused to be paid. 30
41.
Another meaning (is this): Wbere Charilraitself' is the
pledge it is called a charitra-bandhaka. By the word'.Charitra
1. i. o. the CI1rt whichi!! the express.ion of action, is ueed 'in
sense, 'q;['{ is the _same" RB. ;;P{1lT.
830
&
[
Ydjilavalkya
Ver.sll 81.
is expressed that unseen
i
virtue kno,wn liB apflrva, which is born of a
bath. in tile Ganges or of (tbe performance of) the Agnihotra'.
Where tbat ( i.e. the Charitra ) itself is pledged and money
is received, then tbe doubled amount itself is to be returned, but
v there is uo lapse of the pledge.
Wbile discussing the pledge, another (kind of loan) is being
described, satyank1i.rakrtamiti. Whatever II thing, such as a ring
&c. has been placed in the hands of another witb a view to complete
tbe agreement of sale and the double of tbat thing should
10' be paid if the agreement is brokeu. Even there, if the person by
whom the ring &c. is deposited himself breaks the contract, he should
give the thing itself. H the other party commits a breach of the
contract, then a double of the ring &c. itself should be returned.
15
20
Viramitrodaya
Yajiiavalkya, Verse St.
Charitre1}a, 'by charit"IL,' by good condnct, bandhakam krtam, 'taken
as a pledge', i.e., by the creditor accepted to himself a thing of great
value, or of 0, value leBs thanthe loan, there the king or the like should
compel the debtor to pay the amount together with intere.t. When the
amount beoomes donbled, the pledge lapses.
Charitra, i.8:, religious merit, where has been made (the eubject of)
a pledge, there the obligation as a debt, of the religious merit does not
he come extinct, but the money must be caused to be paid together with
the interest. This is the meaning.
SalyanM,ro-"even. when the amoun,t has doubled itself, the pledge
will not become yours, but on the other hand 1 am liable to pay the
doubled amount itsell"-under such an agreement when an article is
1. M.ark this term. 3=f1!cr is I!:Omelimes 8xpro!sed as It is that
unseen virtue which is a relation superindnced, not bef.ore possessed, unseen
but efficacious to connect the ccnsequence with ita past and remote C!1US8 and
to bring about at n distant period or in aIlot).,Ier world tho relative afloct.
All' the Vedic injunetioDs laying down the performnnce of ceremonies
nnd ritua.ls which do not benr any direet tangible fruit derive force Irom their
capaoity to this
2. atf'ir!fISf is the initiation and maintenance of the sacred fire by
oblatioD! to it. This is of two kinde: A1tr-ordinary, and
J
Verp.c!l ..
831
pledged; Dwig''1,a,m pra,tidapa,yet, 'be must be made to p.y the double' ;
i.e., otberwise the plsdge lapses. The Sampradayikas, however, construe
ittbat tb,s has bsen stated oy the Autbor in regard to a position
wbich arisBswhen for tbe purpose of facilitating the arrangement
regard"ing- 0. trallsaotion of' a gift or a sale, an article such as a ring &c. 5
bas been made over into tbe huude of the Beller, aud tbe seller hae
exceeded.the, limits of tbearrangement,. be sbould pay to tbe buyer the
douhle. : If, bowever, the. transgression is m.de by the buysr himself,
then he also should pay double the amount to the seller. (61)
S'illapa\li
Yajilavalkya,Verse 61.
Gh"iiritryam, . 'religious merit', such 8S the maintenance of tbe
perpetual fire agnlhotra, a bath in the Ganges etc.-by pledging tbat itself
what has been borrowed, that must be paid back with interest.
10
Where a pledge of small value with the undertaking "Truly I sball 15
redeem this .". has been given, that in the long period is to be paid back
double, "nd must not be sold by the creditor. This is the meaning.
Gharitmbandham is the reading by Vis'varupa (61).
Yajiiavalkya, Verse 62.
Apledg.e should be restored to the debtor when he 20
comes to redeem it,otherwise the creditor would be
(liable as) a thief. If the creditor be not available, the
debtor may pay the amount to. (a member of) his family
and take ba.ck his pledg.e .
. :-:-Moreover, upasthitasya, of one who has 25
come for redeeming his pledge by paying the
l:tedemplion .. a .. dhirllloktawyap., the pledpe should
DE a ..... be restor.ed, by the creditor, and it should
.. _. .greed for interest.
Auyatha, otherwise, i. e. iE it' is- not restored,' being just in tbe
position of st.ena-D, a he would be punishable like a thief.
When,how'ev<li, the creditor is .absent, after plncing the dhanam,
amount, together with interest kule, in the family, i. e., in the
hands:oLliis relatives, the.debtor:should.tilke hack his own pledge.
26
30
832
WhCll tiU) creditol' or debtor is aba6l1t. Y djniivat/q/<l
[V orstS 62, 63.
S'iilapal1i.
Yiijnavalkya, Verse 62.
To a debtor who has come to redeem the pledge, after taking the
amount together witb interest the creditor should release the pledge;
5 otherwise he wonld be regarded as a thief.
If the person who had accepted the pledge be not available, ths
amount should be placed i. e. deposited in his family, and he should get
back the pledge. (62).
If, however, the creditor be absent and there are no relatives
10 of his (who are ready) to take the amount, or when the creditor is
absent and the debtor wishes to pay the amount by selling the
pledge, then (the question would be) what should be done P
(Anticipating this) the Author says
Yajiiavalkya, Verse 63 (1).
15 Or appraised at its value at that time the pledge
will remain there without interest.
:-Tatka.leti, after ascertaining the value
which the pledge had at that time, he may deposit the pledge even
tatra, the1'e, i. e. with the creditor, without interest; it does not carry
20 interest thereafter, till the creditor restores the pledge after taking
the amount or cause to he paid to the debtor an amount equal to
its value.
When it was settled at the time of (advancing) the loan that
, even if the debt were doubled, a double amount only should be
taken, and tbe pledge should not lapse', then when the debt is
doubled aud the debtor is not nesr (the question would be) what
the creditor do? Anticipating this, the Author says
Yii,j:fia,valkya, Verse 63 {2).
(Or the creditor) may sell (the pledge) in the
30 presence of even without (the presence of) the
debtor.
Mitaks\1ara :-dharal!ikli.t
i. e. when the debtor is not present, the
vina,
creditor
without the debtor,
should recover the
YajilatJalkya J
Verses 620S.
Vlrnmitrodaya-Pled.Qfl how redeemed,
amount after vikriya, selling the pledge in the presence of witnesses
and also of his relatives.
The word wa, or, is intended to lay down the rule of
distribution in the optional' caBe that would arise. It is in this
833
way: Wheu it has not been agreed at the time ot (advancing) the 5
loan that' even if the debt were doubled, the amount only should
be taken and the pledge should not lapse,' then under the text' 'a
pledge shall lapse when doubled &c. 'the pledge shall lapse. In the
case of (an express) contract, however, the rule laid down here
(should be followed). 10
Viramitrodaya.
Yajiiavalkya, Verses 62 & 63
To a debtor who has COme for paying off the amount and redeem
the pledge Adhi/}" 'the pledge', moktavya(!, 'should be released', by the
creditor, to the debtor, anyatM, otherwise, through covetousnsss for 15
interest, if it is not released, the creditor, is stena/}, 'a thief', i.e.,
becomes liable to be punished like a thief. This rule ss to obstructive
non-release is to be understood as he has the power'. The general
exception viz. "unless it is caused by superior foroe or the king' holds
everywhere where it is fit to bs applied. 20
PrayojahB, 'the creditor' i.e., the one who advanced the loan,
aBati, 'be not available', i.e" be dead, or has gone abroad, or has bscome
an ascetic; l<ule, 'in the family', i.e., among those who are entitled to
take the assets of the crellitor, in the order commencing with' the sous
and the reat', dhanam, 'the amount', together with interest, nyasya, 25
'having taken', i.e., having deposited, his own 'pledge he should get back',
adhim apnuyat. (62).
If, however, tbere is none whatsoever competent to take the assets
of the creditor who has gone abroad, then as evaluated at that time,
the pledge shall remain tatra, 'there', i.e., in the house of the creditor 30
advancing the loan, without (carrying) interest. The menning is, that
when the money is not accepted owing to the fault of the creditor, after
that time interest will not run.
DMra!,aho, ' the debtor', at the time fixed for the redemption of
the pledge, is not near at hand, then the creditor, sbould sell the pledge 35
1. Bee note 4 on pp. 70B-709 above.
S. i. e. it applies when the creditor
to dictate refuses the delivery back,
2. Veroe, 58.
taking advant.ge of hls position
8:14
Mi UilU f Tuotuary OJ) ledgc.
5
in tbe presence of witnesses. The rule is, tbat in,nch a Cl>66.;affM
taking (back) biB own amount, tbe bal.oce he should deliver.Ove.r to
the king. By the use of the word api, 'even', are included those who
.re entitled to the eBt.te of tbe debtor. (62, 63) ..
S 'filapa\1i.
Yajiiavalkya, Verse 63.
li the pledge is, on any account, not given (back) to the debtor,
then being aBBessed for its value at tbat time, it shall remain at tbat, at
10 tbe house of tbe taker of the pledge.
15
20
When however, dh{Jmlw/co,' the creator of the pledge' ie not
available, then after eelling it, the creditor may take his own amount, and
pass over (the remainder) to the king. (63)
Yajfiavalkya, Verse 64.
When, however, a debt under a transaction of
pledge has become doubled (by the accumulation of interest),
then the pledge shall be returned after double the
prinCipal amount has been received (by the creditor) from
the profi. ts.
:-Yada, when, the amount advanced,
dwigunibhfitam, has become doubled, tada,
The Authormen- then, tadutpanne, from the profit, i. e.,.from
tions a special case
of a usufructnary
25 pledge.
the receipts derived from the pledge, tadadhaui
after the pledge was made Bnd when d wigun.e;
a double, has been by the
creditor, the pledge should be restored by the
creditor. Or if the deht has become doubled withoutpossessiori
(being transferred) either on account of an thEi
beginning that 'when the pledge is deliveredulld)liedeb.thas
30 doubled you should restore the pledge', .or, ona.ccount of some, otj:tel:
reason the amount has become doubled,tben, after. ihepledge has
been made over to the creditor for enjoyment, it should be' restor<:d
wben the profits recovered from it make up the doubled amount. If
more be enjoyed, that too should be restored .. This text is. intended
35 to lay dowu the 1'11le that a pledge is to be enjoyed only for paying
, y- ] Ml & SulJlUlJfsl'olio of 1t1wfructuary pledge. SSrj
Verse B-1.
off entirely the original loan .together withioterest.
popular language a a pledge where
diminished.
1
It, is calledin
theliability is
" - - -. . ',,,' .: . . ..' \ -; .,,' : ._' .- .. ' .
Where, hmvever, it was that' possession of thee pledge
" '. -. "was intended only tor! '(JleCUrlng)" the, interest, 5
,'.. "Page 42. there if has more
than the double, the pledge wiil" be used
only until tbe payment 'oE the Thisvery'tbing has
been made clear by Brhaspati :.," The.debtor shall get back the
usufrucuary pledge the time for which has been matured or after 10
paying off the principal amount; ihtr has -exceeded, then the creditor
does ,not get .the amount The debtor .also will not get back the
pledge except with mutual consent." The meaning oE this' text is'
this: That wherein the _profitssre :.to: be,.:enjoyed is called a
uS,ufructuory mortgage ,or pledge. That moreover is that 15
which is intended to payoff the original principal
iriterest, and the one to pay off interest simply. Of these also, iIi the' -,
case of a mortgage which is intended to payoff the original principal'
and the interest, the debtor, shall ,get ,back the pledge when the
time for (payment of) it becomes matured (Purl.1akttlam), i,e., when the 20
original {lmount;'together with the principal has been received by the
creditor; then the ;debtorshaHget back the pledge. In the case of
the" pledge for reduction of only, tbe'
debtor shall get it hack after paying off the principal ' '
Sam aka is tb" saIne as sama (equall, i.e., equal to,the' original 25
principaL,' The {same) Author mentions 'a'u Hit:
has exceeded without mutual consent'., It, i:e, .. has
e'icceeded,' i,e. ' has transgressed the limit,. i!e, ;if')h!l. PN&psAave
exceededeven the interest, then the creditor ,will nO,t
The cre'ditor doesoot get the principal amount,-i:Ii" .. shall get 30
back tbe pledge even without the
IE, however, the pledge has not 'been" exceeded, "and 'is! even
insufficient for (paying off)'the interest; then even "after., paying off
the principal, the debtor will not get-back tbe pledge, but will get it
ol!ly: .. awas the balance of interest. Again the (same} 35
1.' ()f;the 'Xlor1lfum vadium of En glish Equity,
836
Viramitro4aya-.A pledge.
[
Yd;'navaU:ya
Ver86 64.
Author mentions an exception to both these rules. The text 'if it
has exceeded, &c.' has been mentioned as applying in the absence of
a mutual agreement between the creditor and the debtor. With
mutual consent, however, even if the pledge be exceeded, the credi tor
5 may enjoy it until the original principal is paid, and also (on the
other hand) even if it be insufficient, the debtor gets it back hy the
payment of the original principal only.
Here ends the Chapter on the Recovery of Debts.
ViramitrodaYIl
10 The Author states a special rule in the elise of a pledge with
possession.
YajiiavalkYIl, Verse 64.
If .?!,am I1.dhau, ' a deht under a pledge', on account of enjoyment,
dwigu'l}ibMJ.tam, 'has become doubled', then when the amount so
15 doubled has passed to him, tbe pledge should be released by the
creditor. This is the meaning.
Thi. is what is called a ' a self-effacing pledge.' This,
mor.eover, wou!tl be sO when it has been so agreed upon by the creditor,
as it is hased on the same principle as the text of Vi!hnu
'
viz.: "Even
20 if the maximum, amount of int,erest is paid, the mortgaged article, if it
is immovable (shall not be retnrned), unless there be an agreement to
that elfect."
One who is afraid of an illegality, should release the pledge; vide
this text of Brhaspati': "Where the u,e of a pledge (is continued)
25 after twioe the principal has been realised, (receipt) of the compound
interest and the eXaction of the principal and interest, that is (called)
usury, and is reprehensible."
It is also said that except nnder a special agreement it does not
carry interest. (64)
30 Here ends, in the commentary on Y1l.juavalkya,
The Chapter on the Recovery of Debts.
1. Oh. Vl. 7. 2, Dh.:)(1.
YlijiuJvalkya ]
Vor .. , 84-65.
S 'fila !la\li.
yajliavalkya, Verse 64.
837
"When the profits of this reach double the qnantity of the amount,
my pledge is to be released", thus saying when a pledge is offered, thene
when from its income donble the amount (advanced) has been realized. 5
then the pledge is to be released snd not to be enjoyed. (64)
Chapter IV.
THE LAW OF DEPOSITS.
Ya,jiiavalkya, Verse 65.
Property which being placed in a box is delivered 10
into the hands of another without being described,is called-
a deposit ; (and it) should be returned in the samecondi-,
tion (in which it was when delivered).
:-A thing which holds the things deposited,
being different from it, is a Vasana, bOlli, a 15
Upanidhi receptacle, e.g., a Karani!a, &c.
described. property, wasanastha, which is placed in it,
the particulars as to the quality and the quantity
of which ana,khya,ya, is without being described i, e. mentioned,
and (after it is) sealed, arpyate, is delivered, in confidence for safe 20
preservation, anyasya haste, in the hand of another, that property
is called, aupanidhikam, deposited property. As says Narada:
" That (property) which being undel' a seal is deposited without
being counted or known, should be known. as an upanidhi;
while it is known ss where it is counted." , 25
Pra tideyalp ta thaiva tat, should be retw'ned in . tli'e same
condItion. The person with whom it has heen deposited, should'
return i.e. restore it back to the depositor in the same condition in
which it was delivered hearinc: the seals as before,

Y(4jiiavl\lkya, Verse 65;
,., . to.1IOld: tlee deposit .... such a c'\Bket etc,;
placedJhere wJthout .detaili[lg its form, n\lmbe! etc,; wiJat is,cleposited\ill
& ano,th.e.r'B hand, deposited '.
aB it waB', i. e.'marke.d with the seals etc. should be r.eturned. (65)
,--, , -\ -,.-. ---. _. ... -- - --"-.- .. - -,- - -'.' - "
The author m.entionB an exception to the rule as to restoration
Yajfiavalkya,Verse 66 (1).
That, however, whiClibas been carried away by
lO (an act of) the king , Providence,' or ,thieves shall not be
15
20
caused to be restored. .
:-Tam, that, deposit" which was carried away
. rajfia daivena, by (an act of) the king or by
.:Anexception to Providence e. g. hy floods &c. or hytlzieves,
themle asto res- and has (thuB)periah,d, na
toratiou' oLan 'he' -shalt noi
'
be compel/cd torestore'- Ofhim with
upanidlzi. whom it was . deposited, . viz', the creditor, ,the
'. .. .'. . . '. ,proper.ty 10Bt, being that oLtha real owner' him-
it (i. e. the loss) was notbroughtab()ut
3
byl'raud; As
"If a is , with of
los8 siiallbe .. The sat[le. rule shall
Ciht;'\u, 'if tbe'/o5shas been by fate or. by' .the king,' 'unless the
! 'j , " " . ' -:) '. ::. \' .', ' . -, - ."' , . "",
acted fnlUdulently. ".'
,,'. '_ - ,' . , "'. . ' , ..
,,'-'- '"
Soil' erse '594, ", '
. ;"2 ;"'l'he' worfr'Dhlliiin for is lire''iaal
owner:of'the thing The meaning,fs that if a under
specified th.'IOES';S that oftha depositor .,,:li.d 'Ilot ,oUha deposite",
Of. s. 153 o-f the Act .. __ .'. __ '_"." . _, " "
3 .. , Mark tbe If it weIe the objecLo/the Author
srml'ly "-{o iJidiea.te direct, fraudOli: the l'rrtt,uf ,the" :-bnileB" th;' el:pre,.ion
.",uuld ,have suffioed .... But the--Buffix '''lilAl;, iB'purpo,efy need w{lb 'n'
v:iew to _' 'coyer: the 'case only ."9:J diree:t frnud bll:t .1rau'd.:whether:,
direct or indirect to . ., ._+' '
4. Oh. II, g., __
-----_._----"
Mltnk?hllra &: 5'uJapftt;li-AIl CfCCtlpttOn to the rule.
The Authour meutions an exception to the above rule
Yajiiavalkya, Verse 66 (2).
When, however, the loss occurs after demand. and
nonpayment' the depositary should be fined and compelled
839
to pay an (amount) equal (to the deposit). 5
:-When, margite, demanded, by the owner
if he do not pay, then after tbat time, even if
". PAGE 03. the loss, i. e. tbe destruction occurs on
account of the king &c., tbe bailee ehould be
made to pay to the owuer the amount as determined by (the value 10
oE) the original, as also to the king an equal fine.
66.
Yajiiavalkya, Verse 66.
If, when demanded and not delivered, its bh"e$ho, 'loss', i. e.
destruction, takes place, then he should be made to pay, and alBa a fine 15
tbe king should take for himself. If it is lost owing to the fault of the
depositor of the bailment, then he himself must pay, as
says Katyayana': "By whosesoever fault is the property lost or is taken
away, he must be compelled to make good that amount together with
interest. excepting when caused by fate or the king." (66). 20
The Author mentions a penalty for (wrongful) appropriation.
ya.jfiavalkya, Verse 67 (1).
If he, (i. e. the bailee) of his own will,3 makes a living,
he shall be punished, and also made to pay it with the
increase. 25
-He wbo, swechchchaya, of his own will
i. e. without tbe permission of tbe owner,' ajlvati, makes a living i. e.
1. At p. 42. I. 30 is u misprinl. II should be 81;fl1-s;fll.
2. Verse,.594.
3. In Roman law the. use of a thing deposited without the consent of
tbe owner constitoted furium (See Justinian Bk. IV. I. 6.). In English law
tmch UBe would not be larcony without the intent to deprive altogether the
owner of his property in the deposit.
4. i. e, \vithout the consent or permission of the bailor.
27
840
fur lUI'OlWtul appropriation.
appropriates or deals with it by lending (at interest) with a _view to
(make) a profit (out of) the money' deposited, should be fined having
regard to the extent :of the appropriation and also of the profit (made
by him); and he should also dapyajl, be made to restore. the deposit
5 sodayam, togethe?' with the increase, i.e. in the case oE an appropriation.
togetber witb interest,and ill tbe case of a loan advanced. togetber
with the gains realised (in tbe transaction). Tbe (special) rule of
interest (in such cases) has been stated hy Katyayana', : " A deposit,
tbe halance of interest, (an article) Bold,and (the price of) a thing
10 purchased, if not paid on demand shall hear interest at five per cent."
This rule moreover, is to be obeerved wbere there has been (complete)
appropriation. In case, however. wbere. it is lost on account of
neglect or ignorance, the same (Author) bas mentioned' a special rule
viz.:-" 'Where tbe deposit has been appropriated Bnd used up, he
15 should be made to pay (it back together) with interast and an equal
amount if neglected; where it (the deposit.) bas heen lost on account
oE ignorance, he should be made to pay a little less." 'Little less'
Kinchinnyunam i. e. less by a fourtb part.
The Author extends the rule regarding a deposit, to the cases
20 of Yfichita &c.
Yajiiavalkya, Verse 61 (2).
The same law applies in the cases of Yachita,
Anvahita, Nyasa, and (sllch) other kinds (of
deposits).
25 on festive occasions such as a marriage
&c. clotbes. ornaments &c. are begged for and taken away it is
(called) a yachita
rn
.' Wbere a thiug is placed in the hands of one,
and by him also ha5 tbereafter (anu) i. e. afterwards further on, been
placed in tbe bands oE another with direction): "(Please) give
30 it to the owner" it is (called) an Anvahlta
rn
. What is known as
Nyasa is a delivery to a member of the house in the absence of the
owner and withont' being shown to him, with (the direction) "this
1. The originn.l word is it may also mean 0. thi'ng.
2. Verse, 506. 'Verse, "697 . .
4. Of. the Commodation of the Roman 'Law.
5. There is a mistake in the print of the ,ext 'on p. '43, 1;14, The
correct reuding is and not -Nyasa js'. a 'seeret
deposit hllnded over to some memb"er of the house'in. the absence of'the:.owner.

v tl1'sell 65-67.,
&. Viramitrodaya-Ydchita, Nydsa, ele.
is to be made over to the owner of the. house." A delivery iu his
presence, however, is a
By tbe (ose of the) word adi, and others, are included cases
of a deposit Nyastae.,q, of gold &c. in the bands, of a goldsmith
841
&c. for preparing a bracelet &c. as also of mlt/ltal bailments
'
5
as e.,q. iu csses where there occurs a ueed of eacb other with
words" you should keep this mine, and1 shall keep this yours, "
as says Nara,da,2 : " The same law applies in the case of Yachi/a,
Anv&hita aud other such deposits, articles made over to an artist,
Nyasa, and Pratiny&sa deposits." In the case of these i. B. tbe 10
Yachita &,c. this very nile i. e. tbe rule in the case of a deposit, viz. of
rep'yment &c., sbould be nnderstood (as being applicable).
Here ends the Cbapter on Deposits.
Viramitrodaya
In regard to Nik)llBpa or deposit, a title at law, the Anthor says 15
Yajiiavalkya, Verses 65,66,67.
Vasanam, 'a receptacle' s1:ch as a Msket or the like, fit to
hold Ii depositeJ article; property lying there, the quantity &c.,
anakhyaya, 'without being declared', i.e., without mentioning, any.sya
haste, 'in another's hand " for protection and out of confidence, arpyate, 20
what 'is delivered', tadc(upanidhiham, 'that is called an upanidld' a
special kind of deposit.
The general ch.racteristics of. depoeit, however, should
be noted as st.ted by Narada:' "Where one, out of confidence entrusts
his Own property with another without suspicion, it is called by the wi,e 25
1\ deposit, a title of law". "Of a good family, of good conduct, wel!-
versed in l.w, a\111 a trt:tb-leller," these aDd others et.t.ed hy Manu'
ore ooly aD extension of (the qualities for) the confidence heing reposed.
There, dravyam, 'property whichhas been deposited
as upanidlli-,' tathaiva, '[1S it 'was', i.e.-, without declaring or counting, BB SO
1. A Pratinyasa is a mutual bailment both parties exchanging deposits
with ODe another.
2. Oh. II. 14. 3. Dh. II. 1. 4. Oh. VIII. lBO,
842
Viramitrodnya-llc8jJo1l8ibility for Upanidhi.
[
Yd}navaUi.ya
VCfiles 65-07.
before m!l;rked by the seals &0" praUdeyam, 'is to be returned' to the
depositor, (65)
There, an upanidlti, deposit, if either by the king, by Providential
dispensation such as by fire, or by a thief, is taken away, in such casee
[) the acceptor of t.he deposit is not to be compelled to make good to the
dopositor, .
If, however, when margite, 'sought' i.e" demanded by the
d'.positor, even then adatte, ' if not given', and in regard to that property
lose or deterioration occurs as caused by the king or
10 Providence, tbat upanidlti by its vallle, to the depositor and an equal
amonnt as fine to the king, the acceptor must be compelled to pay, By
the use of t.he word aha, 'and also', is included the depositor,
'of his own will', and not with the consent of the
depositor, tam, 'that', i,e., the upanidfd, deposit, ujivan, 'makes a living
15 upon', i,e., appropriates it by use for m.king a profit oftbe interest.,
rdjnd da!,<!yal', 'he should be punished by the king'; tam 'that',
upanid1tim, 'deposit', 8odayam, 'together with interest " he should be
compelled to pay to the depositor.
Here moreover, Katyayana' states the rule as to interest: "A
20 deposit, the balance of interest, the proceeds of a sale, as also
of II; purcbase, when being asked for if one does not pay, each carries
interest five per cent ",
Manu' : "What was carried away by thieves, or drowned in water,
I1S also was consumed by fire, one need not pay; provided one does
not appropriate any portion." Oollectiug togeLher, i.e" taking a little,
and the remainder he deposits el.ewhere, or neglects the entire quantity,
on the ground 'I 11m uot to be responsible for it', then the whole must
be made good, This is the meaning, Vyasa': "Where the deposit ha3
been ap'propriatod aud used up, he should be made to pay it, together
30 witb int,erest, an lau equal amount if neglected; where it has been lost
on acconnt of ignorance, he should be made to pay a little less."
Manu': "If by false means any man deprives another of bis
property, he along with bis accomplices, shall be publicly punished by
the various modes of corpor.l chastisemeuts, Vadha, 'chastisement',
30 such as beoting, &c,
1. Verse 506. 2. Oh. VIII. 190.
3. VijfianeSvo.ra assignB this text to Katyayann, while here and in
PI1IaSnrn Madhava it is assigned to Vylisa. See Xntyayan[L Verse, 597,
4. Oh, VIII. 194,
Vlromltrodnyn-A1JVuhitam dlc.
yae1dta ifc. Ayam, 'this', i.e., tbe one ,tated iuconnection with the
upanidhi deposit, vidl<ii" 'rule', ie., the procedare, such u"the liability
or the Don-lif,bility to pay on occa,ion, affected by the king or fate,
,hould be uuderstood in the case of yacltila and like other kinds of
de posits. Where, On the occasiou of" marriage or like festivity, clothes, 5
ornament" etc., are Bsked for and borrowed on an undertaking for repay-
ment, t.hat is calle I yachitam. Anvahit:\m, when the owner has deposited
a thing with one, and by that one also, (anu) I1fterwards deposit . d fnrther
on with another nuder the direction of the depositor. Nyasa is that
where without ehowing to the ma,ter of the hou,e, and. even in hi, 10
absence, a depo,it with hi, people with the word, (this is) to be made
over to the mfl.ster of the house.
1
Handing over an article to. an, artisiln
for preparing into all ornament, after describing it in hiB presence and
giving it over to him is '
By the nse of the word A'di, c' and like other, 'are included
things bongbt (but not paid) and like others mentioned by Gantama
1

For while stating the liabilities, under the text" the snns should
discharge', Gautama, says: "An open aeposit, a sealed deposit, a loan
for use, an article brought' on hire, and a pledge, wben lnst without
15
,. :
the fault of the holder, (shall not involve) any blameless person.' 20
AvakrUam, .n article' hronght on hire', i.e., brnnght by paying [\ rent.
When the depositor is available, the deposited article most be'
delivered over tn him, so says Brhaspati': "By whollisoever has an
article been deposited, and by whatever process, to him and in the same
manuer should it be delivered over to him and not to any other". 20
, Any other " i.e., successor, such .as the son aud like others.
Mann': "He who delivered bimself, when dead, and the bailee
deliver. it back t.o his Buccessor, he mUBt not be charged by the king,
nor by the coguateB of the depositors."
Dnder a specisl agreement (to that effect), hnwever, even when 30
the depositor is living, delivery tn the succeSBor may take place in regard
to the yac1litdlm, which has been almost described above; ,0 say .
Katyayana' : "After the (stipulated) time has arrived, and the purpose
is over, when he does not deliver although asked for, if the article is lo,t
LOll. XII,,38, 2. 011 XL 39,
3. CiT, iFc::o:-Pr.ice entirely or partly not paid.'for.
4, Ob. XII. 9, 5. Oh. VIII. IS7, 6. Ve186
,
607,
8.44
5'ulapiqli-Nyasa defined.
5
or even taken aw.y (by any other), then the borrower should take the
price and offer it". 'Lost '-even by an .ct of God.
Thus in the Oommentary on Y{l.jiiavalkya ends
tho Ohapter on De posits.
S'iilapa9i.
Yajiiavalkya, Verse 67.
The Aupanidhi deposit, if the bailee puts to use without the
consent of the depositor then he should be fined in .an equal amount by the
king, and the amount also should be cansed to be paid to the depositor
10 together with interest.
Ydchitam, ornaments &c. brought for decoration. Where the right
of ownership is given it is Nyli8a: "Wh91'S throngh fear of robbers, king, and
the ene.mies, and also for deceiving the Dayadas, a chattel is deposited
in the house of another man, that is callsd a Nyasa" thus characterised
15 by BrhaspatP. "Whsre one's property, out of confidence one deposits
with another without any suspicion, that is called by the wise"
thus stated by Narada'. In regard to these also, the ),ule viz. "He is
to be made to pay what is taksn away by you," is to be understood to
apply. Vyasa' states a special rule: "Where the deposit has been'
20 appropriated, he should be made to pay (it back togsther) with interest,
and an eqnal amount if neglected; whe"e it has been lost on account
of ignorance he shonld be made to pay a little less. "
2.5
Hsre ends the Chaptsr on Dsposits,
Chapter V.
OF THE WITNESSES.
It bas been said above
4
tbat ' evidence bas been laid clown to
consist of a writing, possession, and witnesses.' Of tbese,
( tbe law as to) possession bas been examined. Now begins an
examination of tbe nature of (tbe rules of law as to) witnesses.
1. Oh. XII. 2. 2. Oh. II. 1.
3. See note 3 on p. 842 above.
{, yajn. II. Verse. 22, p, 743 11. 16-18,
rd/il(walk.lJ
a
]
Chapter V.
One becomes a (proper) witness by his actually having seen
01' heard (a thing), as says Manu
'
:-" Witness
Characteristics Evidence is admissible if (it is) in accordance with
of witness. what has actually been Been or heard (by the
845
witness)." Such a witness, moreover, is of two 5
kinds, appointed and unappointed. When marked. as a witness, he is
called an appointed, and when not marked, an
Kinds of unappointnd. Of tbese the appointed is of
witnesses. five' kinds and the unappointed of six, and thus
these witnesses are of eleven kinds. As says 10
Nara.da.' :-"Eleven varieties of witnesses are distingnished in law
by the learned. Five of them are known as appointed, and the
other Six as unappointed." Their (furt.her) classification has also
been indic,lted by the same Author' :-" A snbscribing witness, one
who has been reminded, a casaal witness, a secret witnesB, an indirect 15
witness, theBe are the five sorts of appointed witneBses ".
", Page 44.
Ka tyaya.lla.
5
has described the characteristics of the
subscribiug and other witnesses (thns): "One who was invited by
the claimant' himself and who has been entered into the document,.is .20
called a subscribing witness, and who bas been made to remember
witbout the documeut (being shown to him) (371)" The sa.me
Author has explained the meaning of tbe expression 'Made to
remember witbout tbe document' patrakad\te) thns:
" He, moreover, who ror the purpose of establisbing a transaction, 25
is reminded again and again by the claia:ant after (his) baving seen
(the document evidencing) the transaction iB called here R witness
(who has been remindp.d' (372). " He, however, who bving arrived
by cbance, bas been made (to subscribe as) a witlless is a casual
witness. The sa.me Author has pointed' out a distinction among 30
1. Oh. VIII. 74.
2. RHe there is an error in the print in the Sanskrt text on p. 43.1. 25,
It should be n;r 'J?n: 3-lfofil3l crf;1l
3. Oh. 1. 149. 4. Namd. Oh. 1. 150.
5. .verses. 37I-a7G.
6. 21tff-the purty who sets up 11 claim. 7. Verse, 373.
846
f11l0ppoililed Wit'lJ888(J8.
[
Yajtza'vazj,-'!J u
Verses 68-69.
these witnesses even when they have not subscribed to the document:
"One (specially) called on the occasion, aud one who had goue
(merely) by chance, these two (kinds of) witnesses cau establish the
claim 'of the plaiutiff, although they are not entered into the
5 document (373) ". Moreover: U He is called a secret witness wbo
while remaining concealed, bas been made to hear distiuctl y the words
of tbe defeudant by the plaintiff for establishing his claim (374)"
And" He is called an In direst witnees w bo, either from direct or
hearsay knowledge corroborates broadly tbe statements of (actual)
10 witnesses (375\ "
Narada
'
has also pointed out the six kinds of the
rtnappointed (witnesses): U The village, a judge, a king j oue
commissioned' for (special) duties by the disputauts, and one deputed
by the claim aut. In family qnarrels, members of the family shall
15 (also) be witnesses." The mention of 'a jndge' is indicative by
implication also of 'a writer" and' a Sabhya
3
'. "The writer', the judge,
the Sabhyas have, in order, been laid down as witnesses when tbe
case is under investigation by tbe king. "
20
25
Snch witnesses j of what kind and how many will (tbese) be.?
(Anticipating such a qnestion) tbe Author says
Yajiiavalkya, Verses 68, 69.
l'IIendevoted to religious austerities, men liberally
disposed, men of high families, truthful men, men (chiefly)
devoted to religious observances, straightforward men,
men blessed with sons, and men possessed of wealth (68)
are to be known as competent witnesses, (provided
they are) not less than three,' and devoted to the
performance of S'ra.uta
5
and Smart a rites j each respectively
1. 011.1. 151-152.
2. 'l.r: ' is another reading & Dr. Jolly t-ranslatea
. 'it' as" 'ons' ficquain ted with the affairs of the two padies. "
3. See p. 636 n. 4 .bove.
4. Kstya.ynIl:a, Verse. 355.
5. Srauta and Sm.B.rta rites nIB those laid down in Sruti and the
Smrtis. See Y:1jfiayalkl1 Achi1.ro.,. Verse 97 and Vijfianeswam's prefatory
remork, thereon. pp. 267-268 .bove.
J"
Verslls' 68 6fJ.
theil' fJ.uulifi,oatiolls,
according to their ca.flte or class, or all for all (castes and
classes).
:-Tapswinafi, men de'ooted to religious
austerities i. e. hahitually devoted etc.; danas'ilitfi, W'el'ally disposed,
847
i. e. devoted to making donations; kulinafi, qf high families, 5
i. e. born in high families; satyawadinap., truthful, i. e. having a
character for truth-speakiug; dharmapradhanap., de11O/ed to
religious observances, and not to ohservances actuated by Artha
l
and
Kama; rjavafi, straitfm'ward, not crooked; putrawantafi, blessed
with sons, i . e .. with living dhananvitap., possessed of wealth, i.e. 10
possessed of cDnsiderahle wealth such as gold et.c.; srautasmarta
kriyaparap., d,voted to the performance of s'rauta and smilrtc,
rites, i. e. devoted to the performance of ordinary and special rites.
Men of this description, tryavarap., not less than three,
are (.ccepted as) competent witnesses. Those 15
The number oE tban whom tbree will not be below i. e. less, are
witnesses. tryavarap., '/lien not less than three i. e. men
who are not on this side of (the number) three.
The meaning is, that for more than this, their number would be
according to the requirements. Without going outside the caste, is 20
according to caste, ya thaj a ti. Caste., such as lvlurdha vasil,ta'
and others born of descending' or ascending unious. Among these,
for the j}fttdhilvasi1ctas, the witnesses shall be the 1'YIlirdhavasi1ctas. The
same (rule) should he observed with reference to the Amba,lb(has and
others. 25
1. rl'he three aud aims of 0.11 worldly Ilctivities_
are Dharma, A1'tha and Kama, the securing of religious, pecuniary, and
personal advantages.
2. lifcfl9fum ( l\Iurdhavasikta )_8C6 the' evolution of castes' as given
in yajil. Achiirad'lly{iyu, Verses 90-96 pnges 241-267 above. Tho issue
b"egotten by 11 Bra1;t.maT;lU on a ]{l}hatr'iya wife is caUeu llbol'dhavctlJilda. YiLjfi.
Acham.91.
3. i. D, the issue of the union of the male 0 a highor ClltSS with
the female of n; lower class. These h!l.vo been indicfLted in V!:JrBGS 11 [Lnd 12
0' the ACb'artlrdhniya of Ylijnavalkya
l
pnges 248-251. The contrary of this
term is ( Prl1tilomajll) the issue of an inverse ullion i. c, the Unioil
of the male: of a lower order with the female from a l1igher order. See Verses
( 93-95) Do. Do ( page, 252-260 ).
28
848
r Yd.1it'J,valkya,
L.. VerBeB 68-60.
Not going beyond the class is according to thiJ dass,
yatha.varl)am. ClassBs, such as the Brit\1mslfls and others. 'liere, in
cases of Br.\1maJ;las, Br.\1nutIfBs alone of the specified 'description and
number cnn be wituesEes. The S8me (rule) should be observed in
5 the case of Ilnd others. Similarly, in cases concerning
women, women alone can give evidence. As say s Manu
1
:
" Women should give evidence ror women ".
In the absence or persons or the same caste' or class all i. e.
tbe MUI:dhllvasiktasanu &c. will become (proper)
10 witnesses in the cases of all i. B,Mw'dhavasiktad &c" Br'lil}malfas and
others.
In the absence or witnesses of the afores'aid descriptien, in
order to establish the rule that others for whom there is no objection
may be (accepted as) witnesses, it is necessary to mention those who
15 are not (fit to be) witnesses. These have been pointed out, by
Narada
2
as of five Barts :-" The incompetent witnesses, too, have in
law' books been mentioned by the learned to be of five sorts; (viz.
witnesses who are incompetent) on account of a (specin:) text or law,
on account of depravity, of contradiction, on Ilcconnt of a voluntary
20 deposition, or of an intervening death. "
It may be asked what witnesses again are incompetent under
a special text? So the (same) anthor'1 says: "I,earned Bril\1ma1)as,
hermits, aged persons as also asceLics and others, are incompetent
(as) witnesses under a special text or law; nnd no (specialS) reason
25 is given for this (rule)." Hermits i. e Wllnaprasthas
6
By the
term Adi, and others, are included those who have any dispute (at
law) with the rather or (such) otbers. As says S'ankha: "Persons
1. Oh, VIII, 68, 2. Oh: 1. 107.
3. ';fflijs;tl1"l;. 1 is another reading &c. u In this law"
4. Narada Oh. I. 158.
5. The renson why the persons referred to in this pllragro.ph are
excluded seems to lie in their entire renunciation of earthly inteljests, which
render them unfit to appear in a court of justice. ot -Manu VIII. 65-
Dr. Jolly.
6. One in the third stage of life, the four stages being W:qq,
& <i"lr<r
YdjilavCJZkya J
Verses 68.-69,
dC8(!l'ibcd.
having a dispute (at law) with the father, resident students at the
preceptor's horne, ascetics, hermits, and the Nirgranthas
'
are
incompetent (to be) witnesses. "
Persons unfit to be witnesses on account oj depravity have
849
been pointed out (by bim') thns: "Thieves, robbers, dangerous 5
character", gamblers, and rogues', are incompetent (a8) witnesses on
account of depravity; there is no truth (to be fonnd) in them."
Dangel'ous characters i. B. of excitable temper. Gamblers
i. e. those engaging (themselves) in gambling.
The same Author' has pointed ont the nature of witnesses 10
incompetent on acconnt of contradiction: "Should One of the
witnesses entered on record or sllmmoned by a party depose to a
falsehood, all of them become incompetent (as) witnesses on account
of a Contradiction".
Similarly the nature of a Swayamukti or a volunteer witness 15
has been described' : " A volunteer witness is he, who without being
a?pointed to be a witness, comes of his own accord to make a
statement, (and) is termed a spy in the law-books; he does not
deserve to bear testimony. "
The characteristics of a witness (rendered) incompetent on 20
account of intervening decease have been given thus': "When a
claim has to be proved, and the claimant is not in existence, for
whom can (any person) benr testimony? And so snch a person
is an incompetent witness by reason of intervening decease." i. e.
either by the plaintiff or the defend"ut,-who has to prove a 25
(particular) claim ( by informing his witness) thus: 'yon shall he
my witnes, for this claim'; when sl1ch a one-i. e. either the plaintiff or
1. (-Nirgrantha )-;.free from all tiel.' or hindrances-a saint or
devotee who 1[18 renounced [111 wordly flttnchments, and wanders about Dnked
and lives as (l, hermit. The term has also the following meanings :-nn idiot, a
fool, or a gambler j 'wHhout 11 restraint'. This term is also used at times in
reference to Jain or Budhist monks-B fact eviu.eneing (1 particular attitude
towards this Beet at ODe time. 2. N:1rada Oh. 1. 15!).
3. 'q':;ij::n'\:. Cf\,l<ii'r: is another rending; assBssins.
4. This text i; ",signed to Eat!!"ya"a by the Author of the "i91lHQl.(l:'!.
See Verse 359 Kline.
6. Namaa Oh. I. lC'2.
850
Ce, S'ftlnpimi-All fur all.
the defendant is not in existence i. e.is dead, and the claim has not
been proved, in what claim or for whose behalf should Dnebear
testimony fiS a witness? and thus one ceases to be a witness, on
account of interveuiug decease.
5 Where, however, the sons have been told by their father at
the time of death or even while he was in (sound) health, that in
snch and such a claim, such and such persons will be witnesses, in
sncb a case one Cllll be a compentent witness even tbough .there bas
been an intervening decease. As says Narada: "A witness
10 becomes incompetent on Bccannt of intervening decease, he
has been named by the dying man." And also," Where a witness
has been named by one while (perfectly) free from any disease iIi a
claim which is in accordance witb the law, even if tbe claimant die,
the witness (still) continues to be (a competent) witness in claims such
15 as for tbe six kinds of property viz. Anvdhita and others. "
S'filapaJ;li.
Yajiiavalkya, Verse '68.
I!javo, 'straightforward,' i. e. not crooked. Of this kind should
the witnesses be; sbould be undelstood. Thus istbe connection with what
20 will ,be 'stated hereafter.
S'filapar.ti .
Yiijiiavalkya, Verse 69.
Three is the least i. e. ,lowest number of whom 'are
'not less than three '. The meaning is that they shall be not less ,than
25 three. Yath<1jdilii, 'according to tbe caste &c.'; to wbicbever caste one
may belong, of that caete shall his witnesses be; so, of a touchable caste,
a touchable. Or in the case of all, all may be witnesses, since Manu,
has observed: "Witness evidence is admissible if (it is) in accordance
with what has actually been seen or heard (by tbe witness):' This
1
30 moreover, is indicative as applicable as a means (of evidence)-the
meaning is one is admissible as a witness who has evidence regarding the
subject matter in dispute
1. Oh. YIn. H.
y-aijjavalJr.ya J
Vers/ls 70
m
71,
us wit11(lflSeS,
The Author mentions those who are incompetant
1
witnesses
Y[i.jiia valkya, Verses 70, 71.
A woman, a minor, an old man, a rogue, an
intoxicated person, one violent, one against whom an
851
accusation has been brought, a stage-dancer, a heretic, 5
a forger, one deformed (70).
One degraded, a relative, one having an interest in
the subject-matter (of the suit), an ally, an enemy, a thief,
a desperado, one who has been found guilty, an outcast,
and the like others are incompetent witnesses. 10
;-Stri, a woman, is well known; b1Llail, a
minor, one who has not attained (the age oE) capacity;
an old man, one who is above eigbty. The use eBhe term
is indicative also of others e. g. learned BrtlJ;UnIl.I;tBs etc. for whom
there is a (speci"'!) prohibition in the texts' ; kitavail, a rogue, one who 15
gambles with the dice; mattatt, an intolJJicated person, i. e. by
d"inking etc.; unma ttail, one violent i. e. one possessed by an evil
spirit; a bhis'astap., one against whom an accusation is Lrought, i. e.
against wbom a charge is pending, such as of killing a
etc.; ranga vatarI, a stage-dancer, i. e a professional actor; 20
pakhaJ;ldinap., heretics, such as Nirgranthas
3
and others;
a jOTger, i. e. one who makes false documents etc; vikalendriyap,
on8 deformed e. g. without an ear etc; patitap., one degraded, such
as a etc. ; aptap., a re/atil,e i. e. a friendly relative;
arthasambandhi, one having an interest in the sflbjec! matter (()j the 25
suit), i. e. the subject matter of the suit which is nnder investigation;
sahayap., an ally, i. e.a ripiip., an enemy, an
opponent; taskarap., a thief. a robber; sahasI, a desperado, one
menacing (others) by the (sheer) force of hiB strength;
one who has been found ,Qui/ty. 1. e. who has been 30
1. There is a mietake in the print of the text at p. 45 1. 18. for
611<1011 read 'lRnV!<fIfi;!till.
2. e.,q. Jlianu. VIII. 64-67. N'Lrada. I. 157-17l.
3. ,Jnin Dr Bnahist monk. See note on p. 849. above. See also the
).\fit an 'Yajfi II. 192'f), regards !f11Rlug.,: m1:f !{U,rUlf"tri "litf: riTrntpr: I
852
A witness sole.
[
Y cijna'Valkya
VlTiltlB 70-71.
found out as haviug told an untruth; nirdhutah, an outcaste, one
abaudoned by his relatives.
By the nse of the term Adya,' and others " are also included
otbers who have been mentioned in other Smr:ti8' as incompetent
5 witneoses on account of depravity, contradiction, a
depoeition, or of intervening decease. These (as also) a woman,
a minor &c. are not fit to be witnesses.
10
* Page 46.
S'iilapa]fi.
Yajnavalkya, Verses 7Q, 71.
These, i. e. women &c. although possessing theaforestated
qualifications must not he admitted. Kitava!), 'a rogue', one who starts
betting. Rangavatd.ra, 'a stage dancer" i. e, ODe who maintains himself
upon the stage. Sahasi, 'a desperado', Olle who commits thoughtless
15 acts; 'one who has been found g;uilty', i. e. in elsewhere;
nirdhUtal), 'an outcaste', one who has been bauished from the village.
By the use of the word adya, 'and others', are included, the ,c{'I'Otriyas,
ascetics, and othel's stated in other Smrtis. (70, 71).
" Witnesses are known to be not less .tban three" 2; the Author
20 mentions an exception to this text
Yajiiavalkya, Verse 72 (1).
When approved of both :parties, even one person
becomes a (sufficient) witness, if he is conversant with his
duties.
25 :-Dharma vit, one is Eaid to be conversant
u;ith his dltties,who performs the ordinary and
About a wit- special rites after (properly) understanding them.
ness sole. Such a one, even if alone, is " (sufficient)
witness, uhhayanumatap., when approve.d
30 of both parties. By the force of the word a pi, even, eveu
two (would do). Although under the text': 'Devoted to the
1. e. g. see Narada. I. 157 See 848. p. 16-20, above.
2. Verse 69 above p. 846 1. 26, 3, YAjiiavalkya 1169 p.846 1. 27.
]
Vet'8c 72.
Vlramitt'('IdBya-1n BCrJ:OUB okarg(lli.
853
performance of the S'rautaand the Smart rites', the (condition
regarding the) observation of dnties holds equally even in tbe case of
more than three persons, still thes, are admissible as (competent)
witnesses even in the absence of a consent fr'lm both sides, while a..
single witness or two are accepted as sufficient only with the 5
consent of botb (parties), and thus the use of the expression (tryavara')
, not less than three' has a purpose.
The A uthor mentions an e"ception to the text," "men
devoted to religious austerities, men liberally disposed &c. "
Yajiiavalkya, Verse 72 (2) 10
In the cases of adultery, theft, insult, and a
S1Lhasa (a heinous offence), any person may be a witness.
:-SangrahaJ;la, adultery, and other offences
the characteristics or which will be mentioned
Iu cases oE later on'. In these cases all persons, whether
theft and other probibited by special text or wanting.in the
special qualities oE austerities, are competent.
But here also, the persons who are incapacitated
from being witnesses on account of depravity,
15
proceedings even
persons (specially)
prohibited may be
accepted as wit-
nesses.
of coutradiction, or on account of a volunteered 20
statement, are not acceptable as witnesses, the
cause (of incapacity )V!s. the absence or
(truthEulness) &c. being also appllcable here.
Although au account of the text': "Manslaughter, robbery,
an indecelent assault upon another man's wife. and the two species 25
of insult, snch are the four kinds of Heinous offences, "adultery with
women, robhery, ano assault are regarded as heinous offences, still,
these very offences become heinous when they are committed in public
(by the offender) in mere h1'l1te force, while when committed in
secret they are designated by the words adultery &c. and hence they 30
have been distinctly mentioned in addition to the Sahasa (or Heinoua
offences) .
1. ynjO. II. 69. p. 846 2. See VerBe 68.
3. Of Narnda. Oh. XII. 2.
Vlrnmitrodaya -Disqualified us witnesses.
Viramitrodaya.
[
Ya,ifiUvalltya
Varsfs 68 .. 73.
'Evidience has been laid down to coneist of' a writing, posssssion,
and witnesses' 80 has heen stated above' Of these, possession has been
discussed. Now the Author diBcusses the law about witnesses by an
5 entire Chaptsr
Yajiiavalkya, Verses 0'8,69, '70, '71, '72, '73.
'men devoted to religiouB l1llsterities\ i. e. a8 a
matter of habit devotel to ansteritiss; 'libe.ally disposed', i. e.
devoted to making donations; 'of high familiss', i. e. born
10 of families free from any taint of mixturs &c.; 'truthfnl
men', i. e. haVing a character for truth-telling; dl'Mmap"adlu2nillj,
'devoted to religious observll.nces', z. B. whose principal object,iva i"3
religion; rjava!" 'straightforward', i. e; D'ot cro@ked-minded. (ns).
Those, ( the ll'Ilmoer) of whom three is a lower degree are
15 try"ward!}, 'oot les8 than three'. Vide the text of Bphaspati' :. "NIne,
seven, or five, should they be; as also fou" or thrse . also", Srauta
pertormance, such as the maintenance onhe perpetual fire &c ; a Sma,ta
performance, snch as the performance of the Sandkyft worship and the
like.; one ever alert on their perfnrmance, and performing these every
20 d6!y; yatkftjftti, 'accordin<g to ca ste', i. e. in accordance with the castes;
thus. the cOl1cln,ion i, that for the M(Jrd!tftvasiktas, the< Mardhava'siktas;
for the the to be witn'esses; faT the womeD,
women to be witnesses.
In the absence of those of one's own caste or of one's own
25 class, in the case of all disputants, all i. c. the 11fard1uivasiktas &c.,
as alBo &c., who have been stated to be witnesses, in the
SmFtis of Mann and others, should be rogarded as proper witnesses. (69).
Women &c., however, are not (proper) witnesses. 'a
minor', one below the age of sixteen; vrdd/lO, 'old', more than eighty
30 years of age ; '. rogne', one who habitually gambles with dice;
'intoxicated', by spirituous liquor &c. ; unmatta!" 'violent', sncb as
by madness &c.; aMisasto, 'possessed" i. e. On accoun t of the curse' of
Bra,l):micide &c. ; rangavatftri, ' a .tage-dancer', i. e. an actor;
'a heretic' i. o. one outside the orbit of the Vedic' religion; ',uPakrt, 'a
35 forger', one whose dealings are always fraudulent; 'one
deformed', i e. without. an eye, ear &c. (70).
1. Yij5. II. 22 p. 743 il, 16-18. 2. Ch. VII. 16.
s. under an accuBation, or nnder !1 cur8e.
4. i. o. not recognising the Vedas as of. authority it rlI'llc'li'l,
'it"'lfIOo, lll'f1ipr: I
_____ J
]
Verses 71 .. 13.
to th, r.Zs a, to thr".
855
Falito, 'degraded,' suoh as a BraJ).micide &c.; 'a relation,'
'relative', i. B. a friendly relative; arthasambandhi, in the
subject-matter' i. e. of the subject-matter in dispute; 'an.
ally', i. e. one who is helping the disputant; 'enemy', i. e. enemy
of the displltant; 'a thief', a robber; 8IlhaB" 'a desperado', 5".
one who wilfully causes murder &c.; 'one who has been
found guilty,' i. e. one who has been fonnd to have told a lie in anotber .
litigation; nirdhatah, 'an outcaste', i. B. who has been ontcaRted irom
the family. By tne "use of the word Ildya, 'and like others', are included,.,
the Vedic scholar, the ascetic &c. (71). 10
The Author mentions an exception to the rule' 'not less than
'with the consent of both' &c. hy hath i. e. by the
plaintiff and the defendant, agreed to ; such a one. JJkarmavit, 'knowing
the dharma', isthe necessary attribnte in common to all the witnesses.
Such a one of this qualification, e!wpi, 'even one,' is a sufficient witness. 15
The Anthor mentions an exception to the rule' stated in 'wolIlen;
minors etc.'
Sangraha,!" 'adultery' i. e. adultery with women; theft,
'insult', such as the abusive insult, defamation; SahaB8, 'in a heinous
offence,' snch as man-slaughter and the like; 'all', i.8. even wo!!,el' 20
and the rest devoid of the qualifioations for a witness as
become admissible as witnesses. This is the meaning.
By the use of the word cha, 'and also', are included persons
possessing other qualifications as 'tated by Manu and others, and a8
implied in the word jii8ya, ',hould be known'. By the use of Ihe 26
word tu, 'however', the author specially marks the incompet,ncy as.
witnesses of ascetics as distinguished from women and others owing
to their not being possessej of the stated qualifications. By the u,e
of the word api, 'even', are included thoBe stated in the text of Brhaspati:
"Both these learned men in the Vedas may be accepted". Here, t"hc, 30
witnesses added by inclusion by the word wll, 'or', Ilnd included by the
word adya, 'and like others', are particul,,,ly stated as established.
There by the efforts of the parties, witneBBes mentioned in the lists and
as ,et out in treatises are the be,t, viz. those working for the benefit of
(the members of) all the var!,as, khowing all the Jaws, nnaffected by 36
(motives of) avarice, by habit observing the rnles of purity, both
external and internal.
1. Verse 69.
29
2. Verse 70 above.
[
YdFtuvazi,:ya;
V'Ilrac87l-7S,
In this connection Brhaspati' saYB: "A snbsoribillig witnllBB, onB
Mnsed' to' be " secret witness, one, who, has been reminded,
a member' of the' family, a meBBenger, a,spontaneOl1B witnesB, au
witness, a stranger who has (accidentally) witnessed the"
0' deed' (1); The king, the presiding judge, so also the village-thus
have th'e twelve kinds, of, witnedses beeu d'eclared. I will now
declare their distinctive characteristics precisely in order (2). One
by wbom his own caste bas been written, and by whom hiB own
arid the fat.her's name, as also th<l ploce of residenoe'has been wrHten,
10 he should be known us a 'subBcribi,ng witneBs,' (3). One who
has peen entered QY the plaintiff in executing a contract of loan or a like
other trl\ns.RQtion with the details of the agreement is called a wit-
ness 'caused to be wlitten,' (4). He, who being concealed behiod
a,P!.rtition'wall iB made to listen to the declarations of th'e debtor, and
15, the ralsilY ofthe nenial by stating in detail what had happened"
is known aB 'a secret witness,' (5). Ooe who after being invited
was, made a,witness,in,a transaction oOoan, deposit, porchase, or the like,
and is repeatedly reminded of it, is termed 'a witness reminded'
(6). One by whom in the matter of partition, gift, or sale, the
20 ooinmilliliry is advised, who is on terms' of equality with both"pa'ties,
and ' law one"l's OI\H"d' 'Il family' witness'
- ,,' > ,
(7); One whobeirigcoJrimissioned, hean' the statements oithe
plllin'tiff uud the defendant, who isa'Pl'Toved of 'both, and is a respectable
man, i. called a 'messenger witness,' (8). One who, while a
25 canse is being investigated, appears of his own accord and declares that
be has witnessed the transactiou iB called 'a spontaneous witness,'
(9). A witneBs who when be is about to go abroad, or
is lying on a death-bed, communicates to another what he had heard is
tlalled 'an indirect withees,' (10). He ie also called 'an
30 indirect witness' who repeats, from hiB Own hearing or from hearsay,
the previo,us statements of actnal witnesses (11). One in whom both
their trust, or have commnnicated the business should be
kno,wn as 'n secret witness,' Gudl,acMri; as also one who is in the midst
of the transaction (12). Where the statementB of the plaintiffand'the
35 defendal\t ,been heard by the king hiDlself, he himself may bscome
a witne,ss :when there is a dispnte between the two (13). If after a
s,nithas been decided, a fresh trial should take place, the Ohief Judge
with the assessors, may act as witnesses there, but not in any
case (14); Where there has been a damageordastruction of
-t,-Ohapte,r vn. 1-"15.
2. Of. the Do bOil, 0880 evidence of the present sy,tem of procedure.
yainavallc"ya ]
fT871Hcs 68-72.
Virnmitrodaya-Pcraolls' incompetent to-giV8 evidence.
857
the bouudary line around, in sucba case even 'without being specially
appointed, the village may nO doubt be a witness (15)'!.
Without speci(ying the distinction of a sllbscribing witness and 'a
witness caused to be written, eleven kinds of witnessess have been
mentioned by Narada. 5
Now those who are incompetent to give testimony: On'e learned
in the Vedas, a hermit, au ascetic. The enraged, a hunter, a slave, one
not having faith in Voidic rituals, the oilman, the blunderer, the village
priest, one Bating at one man's place,the wanderer, the cognate, the ngnate,
one proceeding on a holy pilgrim'ge, one proceeding on a sea voyage, the 10
grocer, onB defectiive, one devoid of B regular course of daily conduct, the
impotent, the dancer, one directing in a dance, the Vra.tya, a deserter
of his wife, One who has discarded the (sacred) Fire, one sacrificing for the
uQsacrificen.ble, oue living on poisons, a snake .. chllrmer, the ,poisoner, the
incendiary, the ploughman, the SUdra, one declared to be nnfit, one who 15
has committed a sin of a lower order, one extremely dejected, one
habitually performing acts opposed to the Vedas, one who has cast off
his own duty, a twice-born on whom the ceremony of retirement' from
the preceptor'. home is not performed, the dull in intelect, the Besamum-
vendor, one cllusing deoeit, One possessed by an evil spirit., a kinghat,er, (29
the astrologer, one impreMting curses on others, onB with a defective
limb, a libertine, one with crncked nailB, one whose teeth are rotten, a
leper, " treacherous friend, the rogne, the vintner, the Borcerer, the
covetous, oDe fierce in action, one opposed to the S'renis, and the
idol-maker, one begging by makiagthebnll perform, one inventing false 25
religions and rules of conduct, an apostated ascetic, t1<8 royal
personage, the seller of the flesh and bones of' men and .beasts,and 'of
honey, milk, water, ghee and alBa of' the Vedas; the usurer, One engaged
in nu,ierta.king causing diaaenSlOlltl, the villain, a low servant, one
,engagei in,a dispnte with his father, and one causing mutual dissension. 30
There Narada' saya: 'rhe iocompetent witnes.es also hav" in th"
l1liw-books been declared by wise men to be offtvtl 8orts, viz., (l)un.der
'. 'text, on acoount of (2) depravity, (3) of contradiotion, (4) of a voluntary
statemHnt, and (5) of intervening decease (1.57). The S'rotriyas andthelrke
. on, account of a text; the thieves and the like, on account of de:pravity; 35
au(lon acoount of contradction, where in.8 suit there is mutnal
inoonsistency among the witnesses. If among the
. the king in an investigation of a Cause the statements differ., these all" '
rendered incompetent on account of contradiction (160). A volunteering
1. l'l'l19<f'f-The ritual terminating the study. 2. Oh.-l ..
858
Vlram1trodoya S'ulnpn.-qi-Ewoeptio?1.
[
Yd.fiiavalkya
VerB6 72.
witness is One who without being appointed comes of his OWn will snd
speaks (161), and,a witness on account of an intervening decease is one
when the plointifl' is dead without his being affirmed."
The S'rotriyas snd the Itke who owing to their intensive application
5 to the Vedic study being likely to be forgetful about the facts of the cause
in dispute, they should not be made witnesses. If not msde, but if they
know, they csrtainly become gond witnesses. So it has been said" Both
these S'rotriyas should bs accepted.'"'
He further slaborates the S"'otriya8, etc.: "The S'rotriyCL.,
10 devotes" agel persons, and thoss men who have bscome ascetics, these
are declared as incompetent witnesses nnder a text, here no reason has
been given" (158).
15
'20
Ifa creditor while in anticipation of impending death has stated to
his relations that such and Bach a person knows that a debtor truly owes
the amount, such a one becomes an admissible witness even with an
intervening death. When the creditor is dead, snd his sons being
ignorant, a cause had not been put forth, for the resson, "Who may
-the witness be"?, thns one is an incompetent witness on account of
'intervening death. Here in the absence of a compstent witness, an
'iucpmpetent, 'or a prohibited one may be accepted. It should be
remembered, however, that one who has emphatioaUy been prohibited,
'mnst never be admitted. This is ss good as ssid. (72).
S'iilapalli,
'N at less than three shall be the witnesses'. To this the Author
25 'states an exception
Yajilavalkya, Verse 72,
One conversant with the Dharma, snd approved of both (sides), may
be admitted as a proper witness though alone, by reasouof the special
,qualifioations. It is not merely by a knowledge of the Dharma, nor also
30 . he cause both the parties consent, that only one (man) is admissible as a
.witness:
Thus: "Wberea witness pure in action, knowing the Dharma,
,whose testimony has been tested, even one may be accepted .as good
and particularly in cases .of heinous offences," so charaoterised
35 cilL the teX,tof Vyasa' by Teason of his being agreed to by both the
by reason ,of the varacity of his speech, although he had not given
,: ':' ,'), ,I" 76, I. .'
YdJ,"nauallcya ]
,Vcrse 73 (I).
eyidenoe in other oases before, and thus
account), becomes admissible as a proper witness.
Narada
'
: "Those who bave been set out as incompetent witnesses
viz., slaves, imposters and like, others, shall still be withesses when the
importance' of the trial is determined'." 'Even lIere these are riot all ,5
admissible: "Even among them, not a minor I not 'a woman, nor
alone, nor a cheat, nor a relation, nor an enemy; as they might depose
falsely".
Indeed: In tbe text of Narada': "Man-slaughter, theft" an
indescent assault on another man's wife, and the two species of insult, 10
are the five kinds of beinous offences", tbe adultery with women is
included in the statement of Sdhasas-heinous offences-why then has it
been separately mentioned? The answer is, under ,the text of Manu':
"That act will also be called a sahasa, whioh bas been perpetrated
violently and whioh has the resulting oonsequences", with ,a view 15
to obviate the doubt about the heinous oharacter of a violent act
'referred to in the text, a separate mention has tbus a purpose. (72).
The A.uthor describes the affirmation of the witnesses
Yajiiavalkya, Verse 73, (1)
In the presence of the plaintiff and the defendant 20
the witnesses should be affirmed, (in the following' form)
:-In the presence of the plaintiff and the
defendant, the witnesses, when gatheredtClgether-
under the text of Gautama' :, "They (i, e. the witnesses)
should not speak singly or without' heing asked," should beuffirmed, 25
's'ravayet, as follows. There also 'a special rule has Qeen laid down by
Katyayana': "The witnesses being assembled in the middle of the cburt
room, in the presence of the plaintiff and the, defendant, the judge
1. 011.1.188.
2. i. 0', in importnnt proceedings even these mtLy beoome witnesses.
3. NarndaOh.1, 190.4., Oh.XIV.2.
6. Ob. VIII. 333. See the comment of Medhlltitlii on this.verBe;
,6. viz:veBBeS 73 (2), 74, 75, further on.
,7 .Ob. XIII. 6.
. ,'J
8. Thera iB a mistake in the print at p. 46. l. 17. '!l!lreaa
, 9.

should e:x:aminethemater 6ssuring them in the manner Bslaid down
in the following rule (342): "In therorenoon, the judge, 'being
purifie'd, should chargethedwijas, theirfaces being turned towards the
'North or the East, to give true evidence, in the presence of (the
5 of) God and the Bril\tma'tBs (344). After having summoned
. the witnesses and bound them down firmly ,by an oath, he (the
judge) should examine them severally, (all oE them) being men
of.establishedcharactorand acquainted with the facts (of the case)
. in. dispute (345)."
10
. .
Moreover, a rule has been laid down by Manu' for affirming
'tbeBl'fthmaJ;las and others: "A BrilhmaJfa should te required to
swear by the (merits generated by hls) trutb, a by (the
means of) his conveyance aud by bis weapons, a Vaisya by his kine .
grain,. and gold,and a S'ftdra .by (imprecating on his own head the
15 guilt of) all sins". A BriLl;1ma'ta should be made to swear with the
words-'IE you tell an untruth, all (merits arising from) your truth
will perish'; a (means oI) conveyance and weapons
will become futile'.; a Vais'ya-'your kine, grain and gold will
,becqme useless', and a S'ftdra-'if you tell an untruth all the sins will
accrue to you':: ..
Here, moreover, an exception has been mentioned by the
.same' Sage: "The Vipras who carryon the business oE cowherds,
'.t.ra,ders" similarly of mechanic" actor3, and also menial servants, or
,l,lsllrars, the judge should aE S'fidras". The use oE the term
25 . Vipra' is by an extension, indicative, oE aud Vais'ya.
Actors (Kus'ilavftl;1)i. e. singers.
When (the plea of) a defect in a witness has been rdised 'by
defendant, decision should be arrived atin the ,same .manner
as is.,dene in the csse er .defects which are capable of heingdetermined .
30 upon by .ae.tual sight, such ss minority &c. In the case, however,
of such as.anenot.capable of .being so determined, the point should
be decided by reference to the evidence of witnesses and thejlvidence
of general repute, and not by that of ether witnesses; thus there is
incol1gruitiy.
'r, VI!!, 113. 2. Manu Oh, VIII.
If the, defendant, after set up !l' defect in the
witnesses, is not able to substantiate it,then he
"Page 47. shouldbepnnished accordingto,the nature of the
defect set up. If, however, he establishes the
defect, then those persons will not be admitted as witnesses. As has 5
been said': "If he (i. e. the defendant) do not establish, clearly
the defect in the witnesses, he should be compelled to pay a fine;
if the defect is established, the witnesses should be rejected as personH
unfit to be witnesses".
And when after all the witnesses intended to be cited by the 10
plaintiff have been fonnd to be defective, and the plaintiff cannot
prove his case by (any) other evidence, then he becomes defeated ;
vide the text.'-"Wben defeated, he should be compelled to pay,a,
fine as laid down by the law, if the plaintiff is disposed to be
indifferent in" (the matter of) establishing tbe truthfulness of his' 15'
witnesses." The meaning is that if he is desirous (of establishing
his case), he should have recourse to other evidence.
How should a witness be affirmed? so the Author explains
Yaji'iavalkya, Verses 73 (2),74, '15.
"Those regions (which are) meant for the perpetrators 20
of sins and of baser' sins, as also those worlds (which are)
meant for the incend.iaries and the slayers of women
and. children, to all these Shall he go who gives false
evidence. 73 (2), 74.
"Whatever merit you have secured by (your good. 25
deeds in) hundreds of previous lives, know that all that
(merit) will be his whose defeat you will bring about (by
speaking) falsely. 75.
meaning is that those regions which are
intended for the perpetrators of sins, accessory and baser (lneS,BS' 30
also for the incendiaries and the murderers of women and children, to
1. IlY VyaBa, 2. Also of VyoBa.
3, theBe are.
mr'lT;f ffllr I qWiiii <p.o,q,<; II
MiUk!bDrn 6: Vir.mltrodily .... Formof oath.
[
Ydjilavalkya"
Ver ... 73(1),74 ..
IIU'.these shall he go . who gives false evidence. Similarly, whatever
merit may have been acquired through hundreds of previous births,
allthat goes to him who is defeated on account of your (having
given) false evidence; thus a witness should be affirmed, is the
5 . connection.
..
. 'This ( latter ), moreover, should be understood as applicable
to' S'{ldrfi.s, as the affirmation by all the sius as laid down in the
text'-"and 8 S'fidra by all the pdtakfts"-has also been made
applicable to the dwijas who carryon the occupation of cowherds &c.
10 as has been laid down in the text' "(dwijfi.s) engaging themselves
as cowherds, grocers &c." The transference to another of the merit
acquired through innumerable births, as also the accrual of the
results of baser and other sins is not deducible from untruth alone.
Thus this text is intended merely as a means oE inspiring awe and
15 fear (in the defendant); as says Narada:
3
"By ancient sacred
texts, extolling the excellence of truth, and denouncing the sinfulness
oE falsehood, let him inspire them with deep awe".
Viramitrodaye..
Now the Author states the manner in which witnesses should
21) be examined
Yajiiavalkya, Verses '73,74,76.
Those attending for giving evidance as witnesses and in the
presence of the plaintiff and the defendant, the investigating officer himself
should affirm in the manner hereafter to be stated.
25 PdpakrMm, 'for the perpetration of sins', are meant here the
regions (intended) for the perpetrators of sins not specifically mentioned
viz; such as the Raurava and the like other places. Agnidd.ndom, 'for the
incendiaries', i. c. who set fire through hatred to fields full of crops, to
B store-house, and the like' placeB; 'evidence' i. B_ statement
30 to be made as a witness; anTtam, 'false' i. c. not according to facts,
yovadBt; he 'who states', 8a 8arvdn, 'he all these regious', avdopnoti,
'shall go to'. '
, By the use of tbe word tatM, 'also', the perpetrators of the lower
slns, and by the several use of the word aha, 'and', are included
1. Monu ch. VIII. 88, 113.
3.' Oh_ L 200.
2. Manu ch. VIII. 102.
Ydjnar;alkya ]
Ver81lS 73-75.
Vlramltrodoyn-Modcs of affirmaUon.
863
the perpetrators of grave offences, such as, the poisoner, one causing
abortion, and the like.
By reason of the text
l
: "While a sildra, by (the impreeation of)
all ths sins", in regard to the affirmation of a sildra witness, the Author
says; 8ukrtamiti, 'merit etc'. The meaning is that whatever religions 5
merit you may have acquired in past hirths, all that shall perish.
Narada' : "By the truth, should a Bn1l;tmoJ;ta he affirmed; a
by the means of his conveyance and we. pons ; by the kine, grain, and
gold, 0 Vaisyo, and 0 SUdm by all the sins".
"Speak the truth", thus an offirmation should be caused to be made 10
by a BraJ:imaJ;ta, in the form of wealth, viz. 'this is the truth'. This, how-
ever, is in regard to a Bral;tm'J;t' for whom a middle course is admissihle
vide the text of Gautama' : "Some (declare, that the witnesses) shall be
charged on oaLh to speak the truth. That in the presence of Gods,
Bfl1l;tmaJ;ta, and the Royal Oourt, in the case of others than Bral;tma"as ". 15
'By one" is in regard to the specially quolified.
Valtanam,' means of conveyance', such os the horse, etc.;
ayudham, 'weapon', soch as the sword, etc. The affirmation should be
made in the form of a touch of these. By the touch of the cow or the graill
which are the main support of agriculture, and of gold, the V"is'ya 20
should be affirmed. By the text, (of Naroda), 'A Sudra &c, and S'uhrtam
etc., religiOUS merits' when the judge canses the affirmation, the party
should be made to repeat this 'all the sius shall accrue to me if I make
a false etatement.'
By the use of the word tu, ' however', are excluded the affirma- 25
tions of the members of three var,ras': 'Speak',' thns, should he
accost the Bral;tmBl,ij, 'speak the truth', thus a So
also': "Those of the ViplOs who c.rry on tbe business of cowherds,
traders, also the mechanics, and actors, menial servants, and usurers-the
Judge shonld treat as S'ndras ". "Treat as S'udras ", i.e., should 30
caUSB affirmation to be made like the S'udras. In the case of
the rule sbould be understood by discriminating men
of quality and those witbout any qualification. .
1. of Manu Oh. VIII. 113.
2. Oh. I. 199; See also Manu Ob. VIII. 113.
3. Oh. XIII. 12, 13.
4. <riif.llif-Bere MitromiSra reads the text of Gautarna (XIII. 12) as
in the original it is to Borne, by the truth
1

5. viz. the J3rallmaJ;HL .. and V nis/ya.
6. Oh. VIII. 89. 7. Oh. VIII. 103.
30
864
Mltnk!}horo'-Oath by tOltch.
[
y
VCfSC8 73, 74, 75,
S'ankha aud Likhita : "By the eoos aDd grandsooB according to tbe
orders, the special declartiou should be made in the pre,ence of Gcd,
J3ral).ma"" and the masters, one ,hon ld be affirmed by t.he t.ouch of tbe
head of the 'on, and grandsouB." For whichever .ar"a the touch of a
5 p"ticular thing has been stated in other Sm"is, with that be ,hould be
sworn. This is the meaning. (73-75).
" ""
S'ulapa\li.
Yajiiavalkya, Verses 73,74.
"Those regions (which are) meant for the perpetrators of sins" &c.
10 thus the Ohief Judge ehould affirm the witnesses in the presence of the
plaintiff and the defendant. This, moreover, has a reference to the
testimony of a St1,dra. Manu' stales a special rule: ., 'Speak', thus
should a Bra\llna1!ca be asked to swear; 'speak the truth'. thus, a
Kshatriya; by the cow, grain and gold should a Vaisya be affirmed;
15 a Siidra, however, with all the sins," 'Oow, grain' &c. i. e. whatever sin
accrues for stealing a cow &c, that sin will be yours if you ten a
falsehood. 'With the sins' &c. i. e. with the sins stated in the text:
"Those regions for the perpetrators of sins &c."-you will be joined. (74).
S'Ulapa\li.
20 The Author states the form of oath for tne witnesses.
Yajiiavalkya, Verse 75.
This also is in regard to a Siidra. Manu'states a special rule:
"The Vipras who carryon the business of cowherds, traders, similarly
of mecha.nics, a.ctors, and ,also menial servants 01' usurers, the Judge
25 should treat as Slldras." The meaning is that in regard to witness
evidence, he sbould ask them to swear like the SUdras. (75).
30
When however the witnesses after they are affirmed, do not
speak at all what should be done? Auticipating this question the
Author says
Yajiiavalkya, Verse 76.
A person, however, not giving evidence should be
made to pay, by the king, the entire debt with the addition
of a tenth as a charge thereto on the forty-sixth day. 76 ..
1. Oh. VIlr. 89. 2, Oh. VIlI. 103.
Y{;ji'lavaUr.ya ]
VerB: 76.
for refusul.
865
:-He, who having agreed to give evidence as
a witness, after having heen affirmed, does not
On a refmal to depose anything, should he made to pay by the
give evidence the king the entire deht (i. e.) together with interest,
debt should he to the creditor, sa.da.s'a.ba.ndhaka.m, with the 5
paid. addition of a tenth, i. e. together with a tenth part.
The tenth part, moreover, hecomes the king's
property, for it has (already) heen laid
'
down ahove that" a dehtor
should he made to ( pay) by the king to himself ten per cent of the
amount recovered." 10
This ( rule), however, should be understood to be enforceable
after the 46th day is reached. One deposing before that limit
shonld not be made to pay.
This rule, again, applies to those who are not affected by any
of the calamities, such ss a disease &c. As says Ma.nu': "A man 15
who, without being ill, does not give evidence in cases of loan transact-
ions and the like within three fortnights shall become responsible for
the whole debt together with a tenth part of the whole." Without
being itt is indicative by implication (also) of the absence of ( other)
calamities caused by the king or fate. 20
Yajfiavalkya, Verse 76.
Those, moreover, who after being put to an oath viz.: "these regions
for the sinners &0.', do not give evidence, after an interval of three
fortnights tbey should be compelled by the king to pay tbe 25
amount of the debt together witb interest, and a tenth part in
addition. Tbe addition of the tenth part being hy way of penalty, tbe
king shonld take (it to) himself. Manu' states a epecial rule: "He, to
whom, within seven days of his having given evidence, bappens
(a calamity in the form of) a sickness, a fire, also of the death of a relative, 30
shall be made to pay the debt and a fine."
1. Ylijii. II. 42. P 779 11. 25-26 above.
2. Ch. VIII. 107. .3. Oh. VI,n. 109.
866
through
[
Ydjnavallcya
VerB8 77.
In' cases other than that of a money debt, special penalties have
been mentioned by Manu
'
for perjury: "( He who commits perjury)
through covetuousness, shall be fined one thousand; through fatuity,
the lowest amercement; through fear, the two middling amercements; and
5 through friendship, four times of that stated before (121); Through lust,
ten times has been stated; through wrath, however, treble the highest;
through ignorance, full two hundred; and through childishness, one
hundred. They declare that the wise moen have prescribed these as
penalties for perjury". (76).
--
10 One, however, who though ( fully) knowing everything does
nat agree to give evidence through wickedness, for sllch a one the
Author lays down a rule
Yajiiavalkya, Verse 7'1, .
One who does not (offer to) give evidence as a witness
15 though positively knowing (the facts of the case), that
basest of human beings is equal to a false witness in point
of sins and (lia bility to ) punishment.
:-Moreover, naradhamap., that basest oj
human beings, even janannapi, though well-
20 *p AGE 48. knowing the ( facts regarding the) point in dispute,
na dadati, does not (offel' to) give
evidence as a witness i. e. does not agree to give,
tulyall, is regarded as equal to false witnesses, in point of sins and
the punishment.
25 The punishment for false witnesses will he
2
mentioned
(hereafter). After punishing the false witnesses the suit should be
commenced again. Ana even if a suit is decided, it should be can-
celled if the evidencs comes to be known to be false. As say s Manu:'
"In every suit where false evidence bas been given, tbe judgement
30 in each (suit) stands cancelled, and whatever has been done ( in
pursuance of it) is( regarded as) not done."
1. Oh. VITI. 121-123.
3. Oh, VIII. 117,
2. yajn. II. 81.
Yd
i
navalk
ll
a]
Verses 78-77.
Vlromltrodoyn -- Plmalty for silsnce.
Viramitrodaya.
867
The Author mentions the nature of the Offence of the witnesses
calied to depose to the point under dec;sion when not making any
statement
Yajilavalkya, Verses 76, 77. 5
That which is hound, i. e., adjusted! ,s being paid to the king is
a bandl,a", 'a chorge', in the shape of a tenth part payable to the victor,
is.da.sabandhai!, 'the tenth as a oharge'; together with that the entire
debt including the interest, sakfhyam 'one not giving evidence',
even though knowing (the facts), radna, 'by the king', 10
, on the forty-sixth day '-becomes liable. to be 'compelled to pay'
ctapyalJ,.
By the use of the word tu, 'however', is ;excluded the payment
before the forty-sixth day.
It may be asked, Indeed, for not making a statement which is 15
how can he be made to pay? So the Author states that this is
equivalent to making a false statement, and proceeds, no dadtltiti,
'does not give' &c. Hi, 'positively', jana"napi, 'though knowing', yalJ,
na dadali, 'he who does not give evidence,' i.e., does not
make a statement, sa na"o,dl,amaiJ, 'that basest of human beings', 20
'of false witnesses' i.e., of persons giving false evidenoe,
po,pailJ" 'with the sins', i.e., with tho liability of the peualty to the king
being made payable, tulyo, 'equal' ; lti, 'since', he becomes amenable to
be compelied to pay that. This is the meaning. The penalty for a false
witness will be mentioned" hereafter. 25
By the uss of the word eha, 'and', is includsd the cenBurability
by the people. By the use of the word eva, 'also', the Author
discriminates the several penalties stated in the verses before. There-
fore, he is liable to pay the debt with a charge of a tenth. If
however, he is affiuent in wealth, the penalty hereafter' to be 30
mentioned alone will be for him. other penalties, however will be stated
iti regard to the different subject.matters.
In regard to the period for a plaintiff, Brhaspati says: -" He,
however, having cited witnesses, does not still call'se them to be examined,
within thirty daye or three fortnights, loses his Buit." The nse of the 35
word wa, 'or'; is indicative of an alternative option in regard to the
smallness or greatness of the suqjeot-matter of tbe dispute.
1. as stated in Verse 42 above; See p. 779 lines 25-26.
2. in verses and 82.
868
S'ftlapD.Qi & when witrzcsecs dijfcI'.
[
YdjnafJalltya
Verses 77-78,
Also: "When a plointiff after having agreed to attend for perform
ing an ordeal, does not attend, in such a CBse the fraud should not
he allowed when any calamity. either cBused hy God or the King oconrs
to him. By m9rely giving up the period he does not become -defeated".
5 'Should not be alloweJ' i. e. should be di'pelled. Here, according to
some, the use of the word l,ani, 'loss' before the word
'defeated' is in the sense of a defeat. In the suit, a fraud being liable
to be dispelled, there cannot be a defe.t merely on account of the state
ments, for" fault may likely be folt'!ld even in the witnessos cited.
10 While in the case of statements the suspicion would be of a slight degree.
So hold others. (76-77).
S'iilapalli.
Yajiiavalkya, Verse 77.
He, who though knowing (the facts), through wickedness does not
15 appear and attend, he should be regarded as eejual to a false witness
in guilt with the sins and penalties. Kat yay ana says in regard to false
witnesses: "A false witness shaU stay in the avichi' heU for a year". (77)
How should the decision be given when the witnesses disagree!
So the Author says
20 Yajiiavalkya, Verse 7B.
In (the case of) a disagreement, the testimony of the
majority prevails; similarly if the witnesses are equally
divided, the evidence of the virtuous; if, however, the virtu-
ous disagree, the evidence of those who are most virtuous
25 should be accepted (as conclusive ).
:-Dwaidhe, in the case of a disagreement, i, e.
conflict between witnesses, bahiinam vachanam
Rule in the the testimony oj the majority, should be
-case of a cOllflict accepted. When the disagreement is between
30 among witnesses. those who are equal i. e. equal in number, the
testimollY of those who are virtuons shonld be
accepled. When, moreover, the disagreement happens to be even
1. 31"f1:;fr-the name of a particular helli a waveless stagna.nt cesspool
Se. Yajn. Ill. qT. 224.
Ya,Jnavallcya ] &: Viramitrodaya-Placc of witnesses' emaminnlioll. 869
VCf8C 78.
among the virtuous, those wbo are gUJ;la,vattama!l, most virtuous,
i. e. accomplished by learning and study and by the observance thereof,
as also who are endowed witb wealth, male issue &c. Tbe teatimony
of. these should be accepted.
Where, however, the virtuous are few and the others many, the 5
testimony of the virtuous alone should be accepted vide the textl,
"W ith the consent of both, even one person is (enough as) a witness, if
he knows tbe Dharma," prominence having been given to the superiority
of virtues. What, bowever, bas been said abont the incompetency of
persons on account of a contradiction, applies to a case where no 10
special preference can be admitted on accouut of the general eq aulity
of all.
Viramitrodaya.
Now the procedure regarding the statements of witnesses.
'rhere Katyayana' says: "The witnesses ,hould give their 15
evidence while within tbe Oourt premises, and nnt elsewhere; this is the
rule in regard to all kinds nf witness evidence; but it is otherwise as
regards immoveable property". In the case of the killing of sen tint beings,
the witnesses should be examineJ near' the corpse; in its absence, near a
mark (of the corps,); in no other manner should he bs examined. With 20
an uuperturbed mind, whatever and whenever he may have seen with
his own eyes, and which has boen remembered (by him), that t1 witaeBs
should state in hi 1 deposition. So also, "Where, in the case of
defendants belongiug to a foreign country, their presence is unseourable,
in suoh a case a written statement of his deposition, made before 25
Scholars of the three Vedas should bs caused to be taken."
Katyayana:' "What waB seen by perBons together, that Bhould
be stated as it wn,; where it was separately Been in different
that should be deposed to separately. Where a transaction came to be
known by the witnesses at different time" tbere each Beparately sbould 3(1
1. yajfi. II. 72 above p. 812. n. 22-24.
2. Verse, 380.
3. Kane in his compilation of extracts from Kttty:i.Yl1nn.
hls preered the reading as But is better, and apporoprillte to o.
4. Verses 394.-395.
870
Virathltrodayn- Oil a vomfiict iu evidence.
be examined at a different time; so says Bhrgu". 'Not one transaotion'
means different transactions. SOl: "Their statements as made naturally
should be accepted free from faults; when the wituesses have made their
statements they must not be questioned by the king again and again."
fi What should be done when a disagreement occurs in the state-
ments of wHnesses examined? So the Author says
Yajnavalkya, Verse 78.
Of the witnesses, whether examined by one side e.g., by the plain-
tiff, or examined on behalf of both sidee, where there is '. di,agreement',
10 dUJaidhe, i.e. where their statements contradict each other, bah,lnam, 'of
the majority' i.6., as compared with the oppos .. e testimony of a larger
number of witnesses, the statements of witnesses should be accepted.
Where the witnesses are men with qualifications and of equal number on
both sides, there by a comparison with the contradicting statements, those
15 who have higher qualifications, their sbtements should be accepted.
By the use ofthe word lu, 'however', is exoluded the admissibility
of statements which are opposed to the admissible testimony. Where, on
a differenceof the evidence of the contending parties, tbare is an absolute
equality then by the rule stated in the text' : "When three witnesses
20 for both sides" &c. an adjustment has been made before.
Of ons's own witnesses if there be mutual contradiction, or an
entire agreement, then accoriling to the opinion of Mis'ra, another kind
of evidence should be reBorted to.
Now, some nnder the text of Katyayana viz. : "Of the subscribing
,25 witne,ses who have baen pointed ont by the plaintiff, even if one depose
falsely, all become incompetent witnesses on acconnt of an incongruity;"
Others say that the purport of the text of Kat yay ana , is that of tbe thres
'when one speaks a falsehood, another who is equ.l to him and deposing
correctly, and the third being left alone, there decision cannot be
30 reached through witness evidence, while tbe purport of the present
text is that as tbe remaining witnessss on the other side are more than
one, the decision can be reached from their evidence itself. (78).
1. Verse 393.
2. Yajii. II. 17; see p. 696. 1. 18.
Ydjnavaliaya]" 5'ulspa &: t!alue of testimony. S71
Verses 78.79,
S'filapal)i.
Yajiiavalkya, Verse 78.
When there is a conflict among witnesses, the testimony of 'the
majority ehonld be accepted. When the witnesses are eqnally divided,
the statements of those with better qualifications should be accepted. And 5
if it is the case with all, the statements of the best qualified should be
taken as decisive. (78).
What testimony or the witnesses leads to success and what to
a defeat? (Anticipating this inquiry) the Author says
Ya,jii.ava,lkya, Verse 79. 10
He, whose witnesses depose to the truth of (the
aUega tions in ) the plaint, shall become successful; ( and)
sure defeat will be his whose witnesses speak to a falsehood.
Mitakshara:--yasya, he whose, i. e. of the plaintiff,
. pratijii.a'Tl, plaint, containing the particulars
S u c c e s s a r about the snbject-matter, its kind, measure &c.,
defeat through the witnesses, depose to satyiLl!,!, as
witnesses. tnle, e. g. with the words. "This is trne, we
know", becomes jayi, successful.
Of a plaintiff, however, whose plaint, anyatha, they contradict
i. e. testify in a contradictory munner e. g. ( with the words). ' This
is false' his defeat, parajayajJ., will be sure, dhruvajJ. i. e. certain.
Where, however, on account of forgetfulness or other (cause) the
witnesses do not substantiate either the affirmation or the negation of
the allegations in the plaint, in such a case the decision sbould be
given by (reconrse to) other (mean. of) proof; and the king should
not question the witnesses again and again. Only such testimony
should be recorded as was given (by the witnesses) spontaneously. As
has been said': ":3ncb evidence of these (the witn ,sses) should
be admitted as may be spontuneous and free from fault; after,
however, the witnesse3 have TU1de their declarations as above, they
should not be qu"stioned again and again by the king".
1. By [{atgayalla verS0. 392.
31
15
20
30
812
ViromitrodnYil-D(Jterminativ6 cvidclWC.
Viramitrodaya.
[
- y
V'Drsc 79.'
Now the Author mentions the kind ofevidenoe whioh leads to a
Bucoess or a defeat
Yajiiavalkya, Verse 79.
5 Yasya, 'whose', i. e. of the phinWf, pratljfid,m,' plaint',
'the witnesses', sat yam bruyui!, 'depose to the truth', i.e. spe.k
aooording to the faots, sa, 'he " i.e., the plainWr, jay! bhavet, 'Bh.ll
beoome '., 'spe.k to a falsehood " i.e" those
who depose to the fal'ity of the plaint, yasya, ' whose' witnesses, tasya,
10 'of him " dhruvam, 'sure', i.e., ofa oert.inty, isparajayal},' a'defeat '.'
This is the meaning.
Some, 'however, say that the witnesses, i.e., of the plaintiff' who do
not depose to the truth (of the plaint) ; that ilfimproper.' In a trial
at law"all ,ubven,ionB are to be removed, and by merelJ non-depo,ing,
15 n defeat would be impo8Bible; th.t i, the point.' ,
Here, even as to a matter depoBedto by' if within
seven days a di,ease or a like oalamityoocUIS to him, the party whose
witnesBe, depose, gets a 1ereat-vide the te:xt of Narada', -vik'- H He,
to'whom, within seven days of his wit-neBses having- given evidenoe;,
20 happens(a calamity in the form of) a sickness, a fire, or the death of
a relative, shall be made to pay the debt, and a line also." - ,
In regard to the statement of witnesses Vyasa says: "If the
statement (of a witness) is not defective in regard to- time, form, ege, the
thing, country and the oasto, the point at issue may ,be declared I1S
25 established." Brhaspati': "He, tbll ,statement in whose plainthl1s
been entirely deposed to by the witnesses, that man will, be (declared)
Buccessful; if otherwise, witness evidenoe will not lead to a oonclusion."
'If otherwise', i.e., in the absenoe of deposing to the -entirety.
This, however, is possible in two ways, by not deposing, I1sl1lso by not
30 deposing as expected, Another (possibility) is also of four ldnds,by
deposing to less, by deposing to more, by_ deposing to one's ignorano.e,
as also by deposing to the oppouent's case. There, in all the oases, the
point at i,sue remains unestablished. On the other hand, in the case Of
the first and the last, other means of evidence must be reso,rted to, and
35 not that' by that much alone there could be a decision as to its defeat.
Now the statements of witnesses: Thus Narada': "When in
regard to the matters set out, a witness who has oome to depose does not
1. See Manu Oh. VIII. 109, 2. Qh. VII. 32. 3. Qh. 1. 232.
Yiiiiwvalkya ]
,Versll 7.9.
Virnmitrodayn S'ulopaQ.i-lncD1igruity as to details.
8-73
depose consistently and without a flaw, that cannot be regarded as
evideuoe." Some say that wbere he deposes as to the tbing, but fails
il1.regardtothe portion as to the quantity, thsre in regard to the portion
of the quantity, other evidenoe should be resorted to. According to
the Sampradilya, otber evidenoe may be taken even (if it be) in regard 5
to a portion of the thing'.
For, "where a party'. witnesses depose to less or even more, tbat
even may be regarded as non-ovidence; this bas been declared to be
the rule as to witness evidence". When a hund,ed is in dispute, a
statement us to two hundred, leading toR certainty of falsehood, is as 10
good as not said. it is not possible in the caso of a plaintiff, by ranfon
of constant oompanyand rspetition, th.t his witnesses who are (thus)
reminded, shonld forget. In the c.se of a statement .as to tifty, in
regard to more than that, it is a" good as not said. In regard to the
portion deposed to, bowever, it is certainly deciSive, sO opinss the 15
revered Mis'ra. The (author of the) Smrtisara, and othets, however, hold
that in regard to the entire claim even, there should be other evidence
. 'Where' a witness who has hsard', however, when a,ked says" I
didllot he.r, this matter', there the point is not established, there
heing an absence of a concurrence between the (words of the) 20
deposition and the matter in issne. On the other hand, like an eye-
witness, where a witness deposes to tbe very matter at issne from what
he had heard, there the claim becomes established. In the case,
however, of a taint as to the unreliability of his words, he certainly
does not deserve to be admitted os 0 witness. This is the meaning. (79). 25
S'filapaJ;li,
Yajiia,valkya, Verse 79.
He, the substance of whose plaint, his wituesses support and declare
'this is true', that mlln shall be (declared) successful. He wbose
witneses speak otherwise, his defeat is certain; 1Jide the te:g:t of Vyasa: 30
"A false claimant is defeated", So Narada
l
: "Regarding the place,
time, age, .subject-matter, quantity, shape and kind, where tbere is
incongruity, that wit.ness evidence is also worthless ". (79).
The Author mentions an exception to the rule': "sure defeat
will be his whose witnesses contradict the plaint, " 35
1, Oh, V.l7O.
2. Oontained in the hut verse No. 79. p. 871,
874
moro qualified witnesses appear.
Yajiiavalkya, Verse SO.
[

Verse 80.
Even after evidence has been given by witnesses in the
matter under consideration, if more qualified. witnesses, or
double ( than those first examined) depose otherwise, the
5 first witnesses become false.
:-When evidence has been given by witnesses,
qualified as (stated) ahove,
Exception in the matter under consideration, i. e., the
to the above. allegations made by himself (and) which is
10 contradictory to the allegations in the plaint,
yadyanye gUl)avattama\l, if others more q!wlijied, than the first,
dwigUJ,l.a. wa, or double in number, depose othenwise, anyatha.: i. e.,
in support of the allegations in the plaint, theu the first witnesses,
become false, kiita\l i. e, prejurers.
15 Indeed this is improper. For, aEter the evidence was given by
witnebses who were fixed upon as the means of
An objection. proper proof after their competenciwas determined
by the plaintiff, the defendant, and the presiding
officer of the conrt, to seek after another mode of proof would
20 involve the fault of incongruity as also pel' the text of Narada
'
:
"When a lawsuit has been decided, evidence becomes nseless, whether
it consists of docnments or of witnesses, if such
PAGE 49. evidence was not announced at a former stage of
the trial. As the ( fertilizing) capacity of the rainy
25 season is thrown away on crops which have ripened, even so evidence
becomes useless in suits which have he en decided.
To this the answer is: when the plaintiff relying on his own
internal consciousness about (the truth of) the
The answer. allegatious in the plaiut, and thus regarding as
30 unreliable the testimony of witnesses who although
till then are uudiscovered as vicious, yet as it contradicted the
plaint, he conceives a defect even in (bis own) wituesses, then in
such a case, how. cun other evidence be excluded? It has also been
1. Oh, 1. 62-63.
Ydj1iavallcll
a
J
Verse &0.
What avidtmocis COllaluSiV6.
said!: "He whose sense of perception is faulty, as also he who has
beeu ouce found to have told a lie, that man iudeed is a bad witness "
e. g. although a defect iu au organ such as the eye &c.has not been
( actually) discovered, still as such a defect in the organ is (still)
875
inferred on the strength of the knowledge thereof by the disagreement 5
with the plaint, SJ here al30 on the stren gth of the rale that the
evidence of witnesses should be tested by means other than the mere
examination of witnesses, Ka tyayana' has said "The truth of the
words uttered by witnesses should be examined with the help of the
Councillors. " 10
" When evidence is free from (all) faults then (alone) their
words should be tested by the principles of justice; and a plaint
which has been found to be correct by comparison with testimony
(so) refined, is considered as Il. true plaint; this is the ( established)
fale
3
," Wheu Evidence in the form of' witnesses is (found to be) 15
free from all faults by reference to the fule' "nor those interested in
the suit, nor friends &c. " then ( ouly ) their words i. e. the words of
tbe witnesses' should be tested. And the testing of the words is
to be by establisbing the truth of the plaint, vide the text: "A
clause is refined by (establishing its) truth." From tbe evidence 20
thus refined, and from the words thus tested whichever (allegatIon
in the) plaint" is established, that is considered as II true plaint having
been fonnd as such. This id the rule, i. e. the rule of the lawyers.
The meaning is that the evidence is considered as true in the absence
of any data for inferring a fault in the senses (of perception ). 25
1. By Gautamo. ( see Bt1.1nmbhaHi)j or it may also meaD, 'he whose
esidence is faulty', Vijfifi.nesvarll, however, takes it to mean 'an organ
of perception.' 2. Verse, 340.
3. Katyayona verse. 409, 4. i. e. Dew witnesses.
5. Narada ch. L 177. The full text of this ruls is as follows:
'1liilJi(['l'l1 '1111\ 'I WI'!! '1'ilR"l: I 'I "E:<ilql: II
Tr: " Those must not be examined as witnesses who are interested in the suit,
nor friends, nor associates, nor enemies, nor notarlouB offenders, nor persons
!ainted ( with a heavy sin) ".
6. i. c. Witnesses first examined.
7, Lit. wheu once success in the case hns been declared.
876
oj ovide1lce after a decision.
[
oJ'na,valkya
Verse 80.
5
After, having dismissed the witnesses cited as evidence by the
plaintiff himself, .how can other evidence be accepted as proof? There
is no error here. Since by mentioning the rule.: "He, who having.
Anothor objection
.and answer
adduced stronger proof resorts to a weaker one,
should not be allowed by the officers oE the court.
to r.esort to it again when once the case has
been determined", Katyayana
'
has indicated
the admission oE another prooE before yet the success iu the case is
determined, since fresh evidence is prohibited at a period subsequent
10 to the determiuation of success in a CBRe. By stating the rule
2
: " When
a lawsuit has once been decided, evidence becomes useless", Narada
also has interdicted fresh evidence only aEter the determination of
the success ina suit and not even before. Therefore it has been
15
established thlltfresh evidence may be admitted.on behalf or a party
who is dissatisfiEd with his evidence even aEter 'evidence was given'
by witnesses.
In such a state oE things iE there are witnesses who are more
qualified than, or are twice iu number to,' those' whose evidence was
recorded, oriE'.those cited before are not near (aud available) then (the
20 testimony of) these latter alone should be accepted as reliable evidence, the
rule contained in the text': "Whatever witnesses declare quite naturally,
that must be received as evidence acceptable in trials", having a
universal application iu all suits. AI50 vide the text of Narada':
"When a lawsuit has Iieen decided, evidence becomes useless whether
25 it consist of adocument.or witnesses; unless it was announced at a
former stage of the trial" . IE, however, those who had been
at the earlier stage are not likely to be available, witnesses of a like
description should be accepted even though they were not mentioned
before, and not an ordeal, vide the text:
s
"When witneeses Bre
30 available a wiseman should avoid diviue .evidence." In the absence
of these an ordeal may .beadmitted as evidence. After this the
plantiff must not be allowed to .adduce fresh evidence even though
be be dissatisfied, as per the text of Manu, but the trial should
be concluded.
1. VerBe.221.
3. Of Manu' Oh. VIII. 79.
O. Of Manu,
2. Oh.1. 62.
4. Ch.1. 62.
Ydj"avall,yd]
Verse 80.
871
Where; however, the defendant, regarding the witnesses to'he
faulty on account of tbeir disagreement with his own internal
consciousness, is dissatisfied with the witnesses, in such a CBse there
being no scope for a defendant to adduce evidence, tbe (veracity of)
witnesses should be tested by the occurrance of any calamity, either i1
on nccount of the King Or Fate, within the in,terval oE seven days.
In ,such a case, moreover, if they are fonnd to be vicious they should
be made to pay the amount of the loan in dispute, and should also
be punished, having regard to the amount of the claim in dispute.
If, however, no fanlt is found, the defendant should test satisfied with 10
that mucb, as says Manu': "He, to whom, 'within seven days of
his witnesses having given evideuce, happens (a calamity in theEorm
of) a sickness, a fire,or the death of a relative, ,hall be made to pay
the debt and a 'fine also". This, moreover, should be observed as
an exception to the rule' "He whose witnesses depose to the truth 15
of a plaint shall.be successful" in referrence ,\0 the defendants.
Some explain the text "even .after witnesses have given
evidence &c." as meaning that, after the witnesses cited by the
plaintiff had deposed favourably to the plaintiff, if the defendant by
.means of more v r t u o u ~ or a double number of 20
.' Page 50. witnesses establishes . the opposite of what was
said by the first witnesses, then . the witnesses of
the plaintiff come to be considered as false. This is wrong; becanse
it would be improper for a defendant (to be called upon). to adduce
evidence. Because, a plaintiff is he who affirms a point (which is) 25
to be proved; (and) his opponent,who affirms the nepation thereof is
the defendant. Here, therefore, the (necessity of the) proof oE the
liepation having a dependence relative upon the proof of the
ajfirmation, while (the proof of) an . affirmation being independent
of that of a negation, it is proper that the affirmation should be 30
(considered .as) the Sadhya'; by its very nature a negation is
1. Manu Oh. VIII. 109,
2. Of Yi\jii.v.lkya II. 79, p. 871 ..
3. Lit. 'that whi.ch is be establislied;-11 point to be proved. The meaning
is that the burden of prof lies upon him who asserts' that fl certain thing 'exists.
This is in a line with the first elementllry principle of the Burden of proof:
of. Section 101-104 of the' Indian Evidence Act.
878
-BltrdCl! ill simultu1!{Jity oj claims.
r 1"d,in!]',valkya
t. Verll6 80,
impossible to be ascertained' by witnesses and other (means of proof),
and hence it is proper that tbe burden should lie npon the plaintiff
alone.
Moreover, it is a universal rule tbe burden of proof is
5 regulated in accordance witb (the nature of) the answer: "When
res judicata and 'special exception' are set up as a combined plea, the
defendant 2hould exhibit proof; iu (the CBse of) the plea of denial,
the plaintiff (should exbibit it). In the case of an admission,
however, it does not become necess.ry (at all)." Never, bowever,
10 will the burden lie on botb in tne same trial, vide the text': "In
oue suit the hurden of proof cannot lie on two litigants". Therefore
the' suggestion
2
th.t defendant's witnesses should (be allowed to)
testify when they are more qualified or double, (in nnmber)
is improper.
..
15 It may he said again' (granting all this) where two persons
both coming as plaintiffs, each saying 'I got this .s inheritance from
a (deceased) relative' 'I got this liS inheritance from a (deceaeed)
relative', without having IIscertained the priority (of 'their claim) liS
to the point of time, i.n such a case when tbere are witnesses on
20 both sides, a question might arise I1S to whose witnesses should
be accepted, having regard to the text': "When two persons
quarrel for a point, and both have witnesses, the witnesses
of him who eets up a prior claim should he heard ", the
rnle deducible would be that the witnesses should be examined for
25 him who first appears' as a complainant P And the procedure
(contained in the text) "Even after witnesses have given evidence
&c. " is intended as an exception to it. And therefore when (in sucb
1. Of KatY"yan. ver,e,
2. vi,. as to the meaning of this text of yajfiavalkya.
3. It may be noticed th.t this objection iB raised after the refotation of
the laBt objection, by refBrence to the tBxt 'l &c. The objector .'Y8-
admitting this to be correct, what if both the litig!UltB are placed in the position
of a plaintiff? In such a case, he maintains that this text ,hould apply; bnt
this too hilS been refuted in the end by Vijfil1n8Svara,
4. Of Narada I. 163.
5. Mark the glo" of 'l[oill[1 ' "'I f'lal'l: .10 '
Ylijiiavaikyaj & witnesses appear Beparatelv. 879
Verse 80.
a case) tbe witnesses of both the pl'ior and the second complainant
are equal in merit and nnmber, the witnesses of tbe first complainant
alone shonld be examined; where, however, tbe witnesses for the
later complainant are more meritorious or are double in number,
then the witnesses for the defendant should be examined. And thus 5
there would be no necessity for making a negation a sfJdhya, as both
parties here set up an affirmative case, and as also tbe answer is of a
kind different from the four varieties
'
of an answer,. and thus tbere
is no (necessity for the) adjustment' of the burden of proof. And
as even according to the the same plaintiff may be put 10
to a double proof in the same trial, so there wonld be no contradiction
in the plaintiff and the defendant being put to two proofs
3
(respectively).
(To this the answer is) :-Even this the great teacher' does
not admit. Such an import is not obtainable either from the express 15
or implied meaning of the term even (api) in the text: " Even after
the witnesses have given eviJence." So enongh of prolixity.
Viramitrodaya
Of the witnesses who have arrived eimnltaneou81y, on a contradic-
tion among the m, the rule as to the greater or less potentiality of these 20
has been stated. Now the Anthor states the rule when they appear
separately
Yajiiavalkya, Verse 8Q.
uktepi, 'even when evidence hes been given by
witnesses', and as complLred with t.hese witnesses, bstter qua.lified as 25
mentioned before, anye, 'others', of eqnal number, or also double tbe
nnmber, i. e., witnesses, jf anyatM, 'otherwise' i. e., contradictory to the
examined before, 'shouid depose', then,
'the first witnesses', 'f.lse' i. e., false deponents, 'become'.
By the use of the word wil, 'or', in the case of casual witnesses, 30
preponderance in number has been properly adjnsted.
1. See p. 661. lines. 17-19.
2. or. See note 4 on p. 708 above.
3, Here ends the objection.
4. 3!RT>! i. c.19'1!>;:QI"lI>!.
32
880
ViramL, S'uln. fals{j eui(Z(JlJce.
Verses '80-8t.
ThiB, however, before the deciBion iB reached. "When having
abandoned strong evidence,' oue reBortB to weak one, he Bhouldnot
again be 8110wed to resort to th"t evidence when the members bf the
Oourt have come to a decision aB to the success (in the proceeding)",
5 thi; text of Katyayana
'
having un application after the (reBult a.to the)
success. The weakneBs of the evidenca being expressed by the word"
'having abandoned', aB indicative of a deliberate abandonment,'
pointB to the weakneee aleo' of the evidence indicated before, and so is
the prohibition. (80).
10
--
S'iilapalli.
Yajnavalkya, Verse 80.
After the witnesses have given evidence, if those superior in
number or with higher qualifications depose to the contral'Y, then' the first
witnesses are (to be regarded as) false witnesses. (80). ..
15 False witnesses have been indicated. The Author (now)
mentions the penalty for these.
Yajnavalkya, ,Verse 81.
The suborner as well as the (false) witnesses should
be separately punished. with a fine double the amount in
20 dispute. A Brap.mal).a, it has been laid down, ilhould ,ebe
banished.
:-" He who by pecuniary bribes &c. prepares
false witnesses is (called) a suborne1',
Punishment for Th03e, sa.k!hil).ap. eha, witnesses also, who sre
30 false witnesses. thus false, should each separately be punished
. with a dalJdaT!'dwigul).aT!', fine double the
amount, viva.dat, in dispute, i. e. that which has been prescribed
Jor (the party suffering) a defeat in the case of a defeat in the suit.
A Brap.mal).a, however, sbould be vivasyap., banished, i.B. expelled
35 from the kingdom, (and) not fined. .
This rule, moreover, is to be oQserved in cases where 'special
motives such as covetousness &c., do not appear, as also when the
witnesses are not habituated (to perjury). When, however, a special
1. Verse, 221.
,
' ,Vorsc 81.
PuniIJhment.
motiv.e such as covetousuess or the like is apparent, or the party is
habituated,. the rule been laid down by Manu
'
: "He who
commits perjury throngh covetonsness shan be fined one thousand
(psJ;las) ; (he who does it) through confusion' (should .be punished)
881
in the (punishment laid down for the) loweat Sahasa j (if he does it) 5
thronghfe.r &c. the pnnishment should be (the same as for) the two
middle (Sahasas,) and (if he does it) through (feelings of) friendship,
four times the amount of the lowest Sahasa. (121). He who does
it, through lust shall pay ten times the amount for the lowest Sahasa
(but), he who does it through wrath, three times the last (of the 10
Sahasas); (he who does it) through ignorance, fnll two hundred;
bnt (be who. does it) through cbildishuess oue hundred (paJ;las). (122)."
Here, covetousness (Lobhah) means gree.d for money: Confusion
a distorted impressiou. Fear (Bbaya1!l)-acute fear.
Friendship (Maitri)-. excess of attachmeut. Love 15
for an intercourse' with a woman.
Ignorance (Ajnanar!')-indistinct knowledge. Childishne8s (B!'Ilis'yaJ:1)
i;e. non-commencement of knowledge. By thousand &c. are intended
(to be indicated) the copper
Similarly': I' A just king should, however, fine and banish 20
(men of) the three (lower) orders' who give
. ", Page 51. false evideuce; a he should (only)
banish". This, moreover, is applicable to (a
case of) a habitual (offence), as the present tense has been used in
the term: " Kurvfil)au Three classes (trin varl)fin) i.e. those 25
commencing with the order, should be fiued as before,
and banished (pravttsayet) i.e. should be killed; as the word. prawasa
is used in the sense' to kill' iu the Artha-s'i1sira, and as this text is in
the nature of an Artha-s' aSim text. There also the (particular kind
of) prawdsana viz., cntting off of the lip or the tongue, or deprivation 30
of the life should be ob,erved by regard to the subject matter of the
(partiCllJar) 'perjury (in question). A l)B, however, should
be fined aud banished i. e. expelled from tbe kingdom. One from
-1. Oh. VIII. 121-122. 2. '1(".
':"----. 3", is a better reading.
4. Manu Ob. VIII. 124. 5. 'fori;;.
882
hnbitllaZ offenders.
[
Y4;navaZkya
Verss 81.
whom clothes hav.e gone is 11 vivasaZ'. Having prepared the causal
form indicative of 'one who causes (a man) to be without clothes,'
the present form is obtained by dropping' the Ii-by analogy to the
rule (in the Vartika) : "When there is a suffix at the end of words
5 ending in the change that takes place is tbe same as that which
takes place when the suffix >JJ is at the end" 'Should make naked'
is the meaning. Or, that in which one lives is a v{tsa ( 'fro: ) i. e. a
house. Viv{tsayet therefore would mean-should demolish his house.
Even in the case of a Bri1\;lmaJ;la, when no special motive such
10 as covetousness &c. is known, nor a habit, only the fine specified in
each place respectively (is to be imposed). In the case of a habit,
however, there iB a pecuniary punishment, as well as banishment.
There, also, the rule 3S regards the several punishments of vivasana,
Btripping off of all raiments, demolishing the house, and banishment
15 from the kingdom, should be observed having "regard to the
surrounding circumstances such as the caste (of the party), the amount
&c. If when no special motive such as covetousness &c. is known,
as also when no habit is found, in the case of perjory regarding a
small claim, even for a Brll\;lmaJ;la tbere will be a pecuniary ponish-
20 ment as is the case with a When, however, the claim is
a large one, banishment from the kingdom is (the punishment\
Here in the case of a habit, the rule of Ma.nu should be observed
even in the case of all.
1. i. e. 31f.t, in I99rRt;r... i2' tI 12"" (Clffc tat' "The :final
portion of It -word, beginDing with the among the vowels in the word, is
cEllled f2' ". It is tho.t portion of a word which is included between the last
letter and the nearest_vowel. 0, g. in a:rWRFt, the portion i;!Q' is as also here
in 1991<1"" the portion OIl!. is !C.
;ri! or .e:l!.-" " ( mI. <l' "1<1".'< )-" When the .ense is
that of surpassing, the suffixes and are nsed. l'ii'r'l-the Oausal.
Here the form.tion of the word is explained as follows;
i. e. should deprive him of his clothes 1991<T<i would be i'i'fml,l11f!ri but the
31" in 1991<1" is dropped by an.logy to the rnle in the case of the
in the 911rf.Qi' c( " e, g. in the calle of' we
get tom by dropping Lhe !C. so here also by dropping the i. c. 0T1l:, in 19'fl<T<I'I1o
we get i'i'fl;;r'!fi';.
Y djnatJallcya ]
Ver81l 81.
It should not, moreover, be supposed that there is no
pecuniary punisbment ror a Brill?ma"B. For if there were no
pecuniary punisbment, corporal puuishment being prohibited,
it would happen that eVen in petty offeuces eitber the
883
punishment or stripping off or clothes, demolishing the house, 5
branding, or banisbment would rollow, or that there would be no
punishment at aU. And this would be opposed to tbe text!, "In the
case even or persons belonging to all the four orders, ror those who
do not perform an expiation, legal punishment eitber corporal or
affecting property shonld be ordered". Also vide tbe text
2
: "A 10
who carnally knows a guarded against bel'
will sbould be fiued a thousand (pa"fts)". As to the text of
S'ankha: "Of the three (higher) orders, (the punishments of)
deprivation of property, corporeal chastisement, imprisonment, ordeal,
banishment and brandina, are ordained for a Brabman.". Here 15
o . .
on account of the contiguity of corporal chastisement the (punish-
ments or the) deprivation of wealth or or the entire property are
intended. For, the (punishments of) corporal punishment and
deprivation of entire property have been mentioned together in the
text
3
: ., As for the Corporal pnnishment, it begins with (simple) 20
obstruction and extends tar as the deprivation of life; while the
pecuniary punishment begins with a Ka.kini'! and extends similarly
to the loss of tbe entire estate". As to what has heeu said'! "He
shonld be expelled out of the kingdom leaving all his property (to
bim) and himself untonched," it has a reference to the first act or the 2.5
nature of Sahasa, and not to all (kinds of) offences.
A corporal punisbment, however, does not ever occur ror a
Bral.lma"a as Manu' has stated generally viz: "Let him (i. e. the
king) never slay a Brajlma"a, thongb he is immersed himself in all
(kinds of) sins". Moreover Manu' says: "No greater crime is 30
---_ .... _---_ .. _._._----------------
1. of Kiityayann., verse, 484-, 2. Of Manu OlL. VIIL ::78.
3. NarBdn Appendix 54, .And ulso of KlityiiyaDH verSe, 48.11.
4. The smallest coin. e, g. a Oowrie, It is also described as n money
measure, 20 cowries or t of./1 PaI;l1l as also that of a Mashu"
5. By Manu Oh. VIII. 380. 6. Oh. VIII. 381,
884
S'iilopilT;li &. withholding e-vidc7lce.
[
YaJjlavaZkya
Verses 8182.
possible on earth than slaying a BrithmalJa ; a king therefore must not
even concieve in his miud the idea of killing him (a .
. S'iilapiilli.
The Author states a penalty for a false witness
5 Yiljnavalkya, Verse 81-
Kupak,t, 'The suborner', i. e. one who causes false evidence to be
addnced, such as the Kshatriya and others, each shonld be punished with
double the amount of that in dispute, as a fine. A Bral,ma\1a, however,
with undiminished property, is to be exiled from the country. To
10 that effect says Mann': "Never, on any account, should one elay a
Bra];ma\1a, althongh (be is) immerced in all (kinds of) sins; (the king)
should expel him out of the country, with the. entire property
undiminished' A just king should banish from the kingdom after
pnnishment, the member of tbe three uttering false evidence; a
15 Bra];mana however shonld be banished", and various similar penalties
varying according to the offences and the Var\1as, have been stated by
MElnn, but are not stated here for fear of prolixity.

Yajnavalkya, Verse 82.
He who having been called upon and sworn to
20 give evidence conceals it from others under the influence
of passion, should be made to pay an eight-fold fine; a
Brapmal).a, however, Should be banished,
:-Moreover, he whoever, who having accepted
to give evidence as of a witness, and s'ravitap, having
25 been sworn to give evidence along with other witnesses, at the
time of his deposition, tamov!'to, being under the injZuel1Ge of
passion i. e. with his mind seized with the feeling of anger &c,
nipnute, conceals, his evidence, annyebhyap., from
others i.e. witnesses with the words: "I shall not be a witness here &c."
30 that man dapyap, should be made to pay a fine.
Penalty Eor not eightfold of the amotlnt of the
giving evidence fine (payable) in case oE a deEeat in the suit. A
when knowing however, who is nnable to pay an
(the facts). eight-Eold amount as fine shotlld be banished.
35 The penalty oE banishment, however, should be
1. Dh. VIII. 3BO. 2. Dh, VIII. 123.
yci,FluvaZlcya. ] & Viramitrodayn-lVhclI all withhuld cvidclIce. 885
"JTerso 82.
observed to be either the stripping off oE clothes, the demolition of
the house, or the expulsion from the kingdom according to the
nature of the Bubject-matter of the suit. In the case of otherB,
bowever, when an eight-fold amount aB fine is not possible, the
penaltieBoE doing such labour aB is appropriate to the caste, fettering 5
in chains, or incarceration in jail, and like otherB should be observed.
And this, again, should be followed (to be the rule) even in the last
verse.
When all withhold evidence, then the liability of all is equal.
Wheu, however, having giveu evidence, they speak falsely, then they 10
should be punished, regard being had to the exigencieB (0 each case).
As say, Ka,tya,ya,na,': "Having once given evidence, those who
depose to the contrary are liable to be punished, (as) they are guilty
of prevaric ition ".
Nor, moreover, onght the witnesses cited by one be approached 15
in secret by another. As saYB Narada': " One
,x' Page 52. should not approach in secret a witness cited by
the other (side), nor should he (try to) win him
over through other (means). A party resorting to such practices is
(liable) to lose. " 20
Viramitrodaya.
The Author mentions the penalty for false witnessee
Yiijiiavalkya, Verses 81 & 82,
Kl1(alqlaiL, 'The suborners', frauduleutly Mrrying on transactions,
in short, who make falee stutements; those witnesses who are of such 25
character, these prt1",k prtha1L, 'separately' i. c., each one, vivdddt
the amount of that in dispute', should be compelled to
pay .s d,,(,da, 'penalty' i. e., should be punisbed. In snme places tbe
reading is ;;neB'r>}'%1! Kl1tasdk,!hyakrta '\vho have been induced to give
evidence fraudulently'. 30
This, moreover, by reasOn nf the many causes such as covetous-
ness and the like as indicated by the word taULd, 'also', to one who has
been unnecessarily defeated, an amonnt of mnney equal to that in dispute
should be caused to be paid as a penalty_ Thie is the substance.
1. Verse. 406. 2. Oh. I. 165.
886
Virami., S'ulapal),i &. Variou,s grades oj!,unishmellt.
Verses 82-83
A however, should be driven out of his country,
Smrtft1r, so it has been declared in the smrtis, and is not to be punished
by a money fine.
Yafi, 'he', however, srftvitftvftn,
5 'having been called upon and sworn to give evidence by other' and 'after
agreeing', i.e., baving dechred 'I know t,bis fact', afterward,
'under a feeling of a.nger', i.e., with bis mind oppressed with a feeling
of anger, fraudulently, &c" 'conceals bis evidence',
i.e" at the time of making the statement makes tronble, that man should
10 be compelled to pay a penalty of eight times the amount in dispute. For
this kind of offence also, a BraJ?mal)a should be banished only; by the
use of the word tu, , however' has heen excluded a pecuniary penalty.
says: "For false the confiscation of the entire
property". This mOreover has a reference to those who are so by habit.
15 Manu': ''(If) from covetousness, he should be fiued one thousand
(pa",.) ; (if) through confusion, however, the first amercement; (if)
throngh fear, the two midling (amercements) should be the penalty;
(if) through friendship, four times the first (121). (If) through lust,
ten time, the first, while (if) through anger, three times the last; (if)
20 from ignorance, full two hundred (P"",s), anu (if) through childishness,
one hundred (122). The wise have mentioned these o.s the punishments
for false evidence
S'filapa\li.
Yajiiavalkya, Verse 82.
25 In the matter of evidence sworn and concealed from others, for him
is a penalty of eight times the amount in dispute. The rest is clear.
Not giving evidence, as also glVlng false evidence has heen
generally prohibited of the witnesses. The Auther mentions cases by
way oE exception to it
30 Yajiiavalkya, Verse 83 (1),
Where men of the (four) orders are (likely) to suffer
capital punishment, there a witness may speak an
untruth. .
1. Oh V. 175.
2. Oh. YIII. 121, 122, 123,
Ydjiiavalkya ]
Vcr" 83 (1).
When an is pcrmiBSibllJ ?
:-Where, iEa fact is deposed to, there is the
likelihood of a capital punisbment (being given)
Tbe A uthor to men of the four ordm's, va,r1}.ina1!l i. e. of the
indicates a case 8' udra, Vais'ya, Khatriya and Vipra classes,
887
where untrne testi- a,nrtam va,det, a witness may speak 5
many is permis- an untruth, i. e should not speak the truth.
sible. And by this prohibition against true evidence a
permission for refusing to give evidence, or Ear
giving false evidence is given for witnesses of whom it bas been
prohibited before'. 10
Where e. g. in the case of a complaint founded on Susp'Clon,
by speaking the truth l.\ var1.1i is likely to suffer capital punisbment,
and by speaking an untruth no one is to snffer capital punishment,
there an nntrue testimony is permitted. Where, however, by
speaking the truth either the plaintiff or the defendant is likely to 15
suffer capital pnnishment, and also by deposing falsely one of the two
is likely to snffer capital pnnishment, there a refusal to give evidence
is allowed, provided tbe king permits. If, however, the king does
not let off in any case unless testimony is given, then an incapacity
for a witness on account of depravity shonld be incurred. If that too is 20
impossible then the truth alone should be spoken. For by giving false
evidence the taiut of a capital punishment for a var,,.i, as well as that
of giving false evidence is incurred. By speaking the truth, however,
there would only be the taint of a capital punisbment Ear a van.li.
10 such a case, moreover, an expiation should be made according to 25
the 8' astra.
(It may be said) then there would be no sin in glVlng false
evidence or in maintaining silence, as the same has been permitted by
8'aslra, so the Author says
Yajiiava,lkya" Verse 83 (2.). 30
For llurifica,tion from tha,t (sin), the sllecia,l obla,tion
of rice known a,s the Saraswa,ta, should be presented by
the twice born.
1. Yajn 1. 82 p. 884.
33
888
the wltruth.
:-Tatpavanaya, for pttrijication from that
(sin), i.e. for the atonement of the sin on account of the false evidence,
or a refusal to give evidence, Saraswata charu, the rice oblation,
nirvapyall, should be plesented, by dwijas, the twice-born, each
5 feparately. A sacrifice whereiu the presiding deity is the goddess
Saraswati is (called) a Saraswata: The word chant is well known
as indicative of boiled rice which is hot and from which water has not
been allowed to flow out (while it was boiling).
Here this is the meaning: False evidence or a refusal to give
10 evidence which has beeu prohibited for witnesses before has here been
sanctioned. This expiation is in reference to the transgre8sion of the
rnles generally prohibiting the giving of false evidence_ or not giving
any, and as is to be found in the texts: " One should not tell an
untruth" ; " a man incnrs a sin by not giving evidence, as also by
15 giving a distorted one
'
''.
It may be objected that this text which is in the nature of a
sanction is meaningless as even wit.h this text allowing
witnesses to tell an untruth or not to speak at all, the text propounding
the sin iucurred by reason of the infringement of the general rule
20 prohibiting witnesses from either speaking an untruth or not-
speaking at all, remains where it was. But. it is not so. For the sin
accruiug from the infri'bgement of the rnle prohibiting witneBses from
telling an nntrnth or not speaking at all is great, while that due to
the infringement of the general rule is small, and thus tbe text in the
25 nature of a permission bas a meaning.
Although in otber cases the removal of (the taint of) a greater
sin would also ,ecure the removal of the smaller sin which is (only) a
p.rt (or the greater one), still here by reason of the (special)
sanctioning text, us also by reason of tbe rule as to -expiation, it
30 appears that by the removal of the greater (sin) the smaller one is
not removed although it is a part of it.
This text should also be understood as a permission for
speaking an uutruth, or not speaking at all, in the cases such as those
of travellers and others wbere there is tbe danger of a capital
1. Manu Ob. VBI. 13.
&. Viramltrodaya-Emccption to the
puuishmeut beiug passed upon a wa1'1#. And as there is no other
(special) prohibitiou, there would be no (necessity for au) expiation.
In case tbe real facts are disclosed in course of time by other causes,
the absence of a punishment for witnesses aud others also is iurerrnble
S89
from this very text. 5
Here ends the Chapter on Witnesses.
Viramitrodaya.
Thinking of an exception to the penalty etc. for false evidence,
the Author proceeds
Yajiiavslkya, Verse 83. 10
Yatra, 'where', vat'zzinam, <of the i. e., of the BralfmnJ;l!l,
Ksbatriya, and the Vaiaya, vadl,a!l, 'capital punishment', i. e., lOBS of
life, results upon stating the truth, tatra, 'there', 'a witness',
anrtam, 'an untruth' i.e., such as may be of use in preventing the loss of
life, .adet, 'may speak'. 15
Tatpftvandya, 'for pnrification from that' i.e., for the wiping olf of
the (sin of) fales statemsnt by msans of a penance, Sara.vatai;., i. e.,
intended for the goddess Saraswati, as stated hefore, 'should be
offered', thus by means of a part, the (whole) sacrifice has heen indicated.
It shonld not in contsnded that here the making of a false 20
statement having been permitted, performence Df a penance i. incon-
grunus; for although this is an exception to the rule stated before
regarding the sin generated by the false .tatement of a witness, still to
the general rule about the sin resulting from a falBe statement, nD
exception having been stated, the performance Df a penance becomes 25
possible.
8Dme say, that here is a case of a resDrt tn an nnavoidable conrse,
by reaBDn Df this sin being smaller as cDmpared with the sin conseqnent
J:p0n the execution nf a member Df the
In
l
fact, in this caBe nD sin is generated; by the expressiDn 'for 30
purification from th,,(' it is meant to indicate tbat tbere iB au absolute
1. Here Mitramisra gives his own view which in short is that just as
killing an annual in a sacrifice is no sin, as it is done under an injunctive
text, so here also there is no sin at all. The analogy I however, does not hold
here, the expression r:i'c::n9-'l'f11 Ifor the 'Pw'Uication of that' in terms assumes
that there is something which requires purification.
890
Yirnmltrodayn-No guilt is illDUrl'ed.
absence of the sin generated by non-action in the making of a false
statement, just as is the case in the killing in a ,"crifice. And hence
also in the text': "Where, as the result of a (true) statement, the
loss of life is possible of a Sud,", Vais'ya, or a BraJ;tmar;ta,
5 the!"a an untruth may be stated; that (i.e., untruth) far excels the
truth ", lVIanu hoe stated an absence of sin. Gautama' also: "No
guilt is incurred by giving e!,idence, in case the life (of a being) depends
upon it; not, however, ofa very wicked (individual)". In this connection,
lVIanu' has stated another mode of penance: "Or one may offer
10 oblations of clarified butter in the Fire with the hymns
according to the ritualistic procedure, or with the rk ' udit " or with the
rk addrBHsed to VarU!,a, the three rks addressed to the God of watsr."
Vi!h\lu,' "A Sudra, however should offer fodder for ten cows (which
would be sufficient) for a day."
15 Thus, ill the commentary upon Srimat-Yajfiavalkya
ends the Chapter on Witnesses
S'ualpapi.
The Author mentions an exception to the speaking of the truth
Yajnavalkya, verse 83.
20 Yal'l'indm, 'of the 'Vanlis' i. e. of the four vanws such as the
Bl'til).mar;ta and the rest, where vadha. 'killing' is possible, there a witness
may speak an untruth. For \pe wiping off of the sin thereby generated,
a sacrifice to the goddess Saraswati should be offered.
Although, it has been stated in the text of lVIanu', UN sver shOUld one
25 kill a Bral).maJ;la" still in the cass of !l king with a strict enforcement of
panalties, killing of a Bral).mar;ta becoms. possible. This is to be undsrstood
as being done by mistake. So also Gautama': "There is no sin in (stating)
an untruth, if the life (of a bsing) is dspendent upon it, but not ths life of a
very wioked (one)." (83).
30 Here snds the chapter on Witnesses.
1. 011. VIII.l05.
3. Oh. VIII. 107.
5. Oh. VIII. 381.
2. Oh. XIII. 24-25.
4. 011. VIII. 17.
6. Oh. XIII. 24, 25.
Yti.}navalkya]
Verse 84.
.' Page 53.
i Kinds of
891
Chapter VI.
OF DOCUMENTS,
Possession and witnesses have heen explained. Now begins
the consideration of documents. 5
Here, a writing is oE two sorts, a S' asana (8 royal grant), and
a Janapada (executed between citizens). S'asana has been
explained
'
. (Now) Jftnapada is being explained. Tllat,moniover, is
twofold-one in his own handwriting, and the other in another's
hand. Of these, that in one's own hand writing may be withont any 10
attestation, while that in another's hand shonld bear attestation by
witnesses. These two are proofs having regard to the
usage of the conntry, as says Ni1rada': "A Document has been
said to be of two kinds (1) in the handwriting of the party himself,
and (2) in that of another person, and respectively not having or 15
having attesting witnesses thereon. The validity oE the two (kinds
of docnments) depends upon local usage."
Of these the Author mentions documents in the h3ndwriting
of another person
Yi1j:ii.avalkya, 'Verse. 84. 20
In every transaction where an amount has been
agreed to by a contract entered into by mutual consent,
there should be made a writing about it with (the
attesta.tion of) witnesses (thereon), a.nd with the name of
the creditor, 25
:-Between the creditor and the debtor what-
ever artha!l, amount, e. g. gold &c. parasparaln swaru.chchya,
by mui2!al consent, e. g. "so much should be paid after such and
snch an interval; so much should be the monthly rate oE interest &c . ."
1. See Yiljnavalkya Aehilrildhyaya Verse 318 p. 580, 11.
2. Oh. I. 135.
892
& 5'ftJapll.t;li-Form, oj the document.
[
Y djilavallc11rz
Vt1'86884-85.
ta\1, has been agreed to by a contract, i, e, settled; in
reference to such nn amount, if in course of
Regarding do time a dispute arose, for the determination of
cuments III the real facts, lekhyam a writing with
5 hand of another (the attestation of ) witnesses (thereon) i, e. with
person. the atteftation of witnesses of the qnnltities as
described ahove, dhanikapurvakam, (com-
mencing) with the name of the credilO1,-that wherein the creditor is
(mentioned) first is a dl,allkapurvaka2?l-that is to say, where the name
10 of the creditor is mentioned first- karyam, should be made, i, e.
should be executed, Or persons, 'the qualifications
mentioned above should be made witnesses. Vide the text: "In
disputes regarding whatever act has been done by a party, either
witnesses, or a document in his own hand is ordained for establishing
15 the transaction."
S'iilapaT;li.
Yajiiavalkya, Verse 84.
Kasch7.t, 'whatever" in the form of a. loan transactioD, arlhaQ.,
has been fixed by mutual consent, 'by such an interval so much is to be
20 paid' and tbe like, in such a a document with witnesses i. e. a
bearing witnesses, should be made and that too by first putting
the name of the creditor before the name of debtor is written, (84),
30
Yaji'ia valk'ya, Verse 85,
And containing, among other things, the year, the
month, the half of it, the day (of the month), the names, the
castes, and the names of their own gotra, as also the
scholastic title, and the names of self, father, and such other
details.
I-Moreover, sama, the year i. e. the cvclial
year; masa\1, month, e.p. Chaitra &c; tadardhaI!1, the haif of it, i,e. the
fortnight i. e. the bright or dark (half); aha\1, the day, i. e. the date
such as the pratipad &c; nama, names, i, e. of the creditor and the
debtor; jati\1, caste, i,e. Brit\lmBI)B &c; swagotram, the names of their
own Gotra. e. g . . &c. containing theee i. e. the Y,ear &c,
1. Of Nama .
Yti.jiiar:alkya]
Verses 85-86,
&: S'fl'op!l.T)I-Dllbtor's c7IdoTsemlml.
893
&c. Similarly, sabrap.macMi.rikam, the scholastic title, e.g. he is the
master
l
of many branches of learning i. e. bis academical title, such as
, tbe master of many branches,' atmiyapitj:uama, the name
of self and father; i.e. the name of tbe fatbers of this creditor and the
debtor. By the (nse of) the term Adi, such other, are included tbe 5
amount, the caste, the quantity of the amount, the day of the
week &c. A writing, containing these' ahonld be executed; this is the
connection (of this verse) with the last (verse).
S'filapalfi.
Yajilavalkya, Verse 85.
Gotm itself is sagotm ; sabrahmachdrikam, 'the scholastic title' such
as, a student of such and such {Jklui" that writing should have noted on it,
the year &c. By the use of the word ddi, 'and the like', also of the thing,
qnantity, kind, and the like. (85),
10
Yajiia valkya, Verse 86. 15
After the contract has been executed completely the
debtor should enter his name with his own hand ( at the
end) with the words: " what is written above has the assent
of me the son of such ( and such) a one."
lVIitakhara :-Moreover, the contract which was agreed to 20
between the creditor and the debtor by mutual
Consent of consent, samapte, after it had been completely
the debtor. i. e. written down, nti, the debtor, i. e.
the person who incurs (the liability of) the loan,
nives'ayet, should enter, i. e. write in the document his own name 25
swahastena, with his own haf1d, i. e. with the words: ,< Whatever
1. The original in 9'i;'<l:-Doctor of learning.
2. Referring to this rule in a caBe of a will made by a Hindu, which was
not written by the testator, nor in which was his signature attested, Sir M.
Westropp C. J. observed: a We do not think that We are bonnd to apply
this rule shiutly, at all events to documents such as wills, which were not
recognized by Hindu Law, and were therefore, not within the contemplation
of the author." Radha!ai v. Ga .. "h 1. L. R. 3 Bom. 7 at p. 8.
894
S'ulap[\.f,1i by W'ittlIJ8S<JO,
[
-Ydinavulkyrt
Ver8es 80-87.
5
10
has heen written. above in this document, ma. ta.m, has the assent of
me, t. e. is what was intended by me, ma.ma., the son of such and
such"

Yajfiavalkya, Verse 86.
The meaning (of this verse) is plain. In the case of one ignorant of
writing, Vyasa states a special rule: "A debtor who is ignorant, should
cause his assent to be written; OIl even a witness (who is ignorant) by a
witness, or by any other in the presence of all witnesses." (86).
Yajiia.va.lkya., Verse 81.
The witnesses a.150, should subscribe in their own ha.nd
with their fathers'. na.mesbefore theirs, thus: "Here, so a.nd
so, a.m a witness;" these (witnesses) should be equa.l.
:-Similarly, those persons who have heen indi-
15 cated as sakshb)a.l;l, witnesses, in that document,
" Page 54. these also shonld each separately, swaha.stena.,
in their own hand, subscribe their names preceded
by.1hose of their fatbers with the words: " I so and so, Devlldatta, am
a witness to this transaction. " Tbese, moreover, shonld be (so)
20 selected (us to be) samal;l, equal, in nnmber and quality also.
IE a debtor or a witness is uot literate, then the debtor through
another person, and the witness also through another witness, should
iathe presence dE-all tbe witnesses, <lause his declaration to be written
down. As. says Nara.da: "A debtor who is illiterate should
25 cause bis declaration to be put in writing in tbe presence of all the
witneEses; so'also should a witness (who is illiterate have it written)
by. ano.tber' witness ".
S'illapaJ;li.
Yajiiavalkya, Verse 87.
30 'squal' i. e. equal in qualifications. Those who, however,
are ignorant of writing should have it written-thus it has' been stated
before. (87).
Ytijnavtllkya ]
Verse 88"
wriie,"s Btutemcuts.
Yajiiavalkya, Verse 88:
89-5
"Being desired. by both the parties this was written
by meso and so, the son of so and so.", thus at the end ( of
the document) should the writer then subscribe.
Mitaks'hara:-Moreover, then lekhako, the writer, 5
ubhabhyi:!.m prarthitena, being requested by
Writer's both, i.c. the creditor and tbe debtor-"By me such
endorsement. and such Devdatta, the son of tbiB
document llkhitam, has been writtcn ", . iti ante
likhet, thus at the cnd he should subscribc. 10
Now the Autbor mentions about a document made in one's
own hand
Yajiiavalkya, Verse 89.
Although it be without witnesses, a writing which is
in one's own hand, all that is declared to be evidence, except 15
when it is caused by force or fraud. .
lVIitaks/hara :-Yallekkhyam, that writing, which haB been
written by the debtor in bis own hand, Buch a writing, tat sakshi-
bhirvinapi, although it bc without wii1lBsscs, has been laid down by
Manu and otbers to be evidence, balopadhikrtadrte, cmvept when 20
it is causcd by force or Jrmtd, i. B. with the exception of tbat
which has been caused by forcB i. c. compul,ion, or by fraud i. c. in
the form of (creating) deception, temptation, anger, fear, intoxication
&c. Narada
'
alBa Bays: "Tbat document bas been laid down as
invalid' wbich bas been executed by a person intoxicated, by one 25
against wbom a cbarge bad been pending, by a woman, or by a cbild,
and that whicb blld been executed under compulsion; also that which
haB been caused by fear or fraud ".
Such a document, moreover, whether it be written iu one's
own hand or in that of anotber, whether it be passed in the course of 30
a transaction witb or without security, should far be written
conformably to the usage of the country, and should be without
1. Oh. I. 137.
34
2. a:nrGIIlT-unreliable as e_vidence.
Vtramitrodayn-GclIcrally abolti'documents. r Yd}iwvalkya,
L. T'erBc 89,
prejudice to the rules as to the sequeuce of sense and the order of
words, and should be witbout dropping any letter or alphabet. It ueed
not, however, be necessarily (couched) iu nice language; it may be
written even in the peculiar native lacguage of the particular locality.
5 As says Na.ra,da,:' "That document is said to be valid which is not
opposed to the custom of tbe country, the contents of which anEwer to
the rules regarding pledges, and which is not iu disregard o[ the rules
about tbe sequence of ideas aud
That which explains in detail is a (rule) vidhi(L. The rule
lO. (vidhi) regarding a pledge ( Mhi ) i. e. Ear executing a pledge. Its
characteristic i. e. 'a pledge for custody', a 'usufructuary pledge', a
'pledge with a time limit' &c. That wherein its characteristics are
distinct is ' the contents of which answer to
the rules regarding pledges &c.; 'which is
15 not in disregard of the rules about the sequence of ideas and words '.
Sequence i. e. of ideas ( krama ). Krama and akharas make up the
compound word That whereiu the sequence of ideas
and words has not been disregarded is aviplutalcramflkohara. Such
a document of this description, is legal evidence. There is no rule
20 as regards nicety of language here, as in the case of a royal gran t.
This is the meaning.
Viramitrodaya.
Now the Author expounds the dooument as a means of proof
..
YiLjiiavalkya, Verses 84, 85, 86, 87,88, 89.
25 A dooument is of two kinds, (one) made io one's own handwriting,
and (the other) made in another's haOll. Of these, tbe last should be
made with witnesses et.o. The first, (even) without witoesses is good
evideoce if not made under compulsion or through fraud. This is
tbe differenoe. But a possibility exists 0[' a suspioion arising about a
30 dooument written in one's own hand, aud with" view to dispel it, that
also should be made with witnesses on. Otber kinds are of the ordinary
partieulars.
ka8Gldt, 'whatever', artlw'/p, 'transaction', in tbe form of
a loan or the like; parasparam, 'mutually', by the debtor and the
1. Oh. I. 136.
YdjnavcilkYfL ]
Verses .. 87.
Viramitrodaya-GonlC1lts of'doDuments.
creditor, i.e. betweeo both, by the cousent of each, , agreed
to " i.e.' waS estahlished, in snch a transaction, le!,kyam, 'a document ';
with the name of the creditor first written, in the form of recitals
couched in expressive language (8!). Together with sama, 'the year',
masa, 'the month '. tadardkam, 'its half', i.e. the fortnight'; 5
'the day', i.e. the date as well as the day of the week. Together with
this, the names of the debtors and the like others who have been the
recipients of the loan by its acceptance, also of hath the dehtor and the
creditor, 'caste' Buch as, a Bral;1ma". and the like.; sagotram,
'together with the gatTa', i.e. golfa only-at some place the reading" is 10
",vagotmka-cont.ining these.
Along with Kalka and the like others, samanam one who stndies
the i.e. a branch of the Vedas, is a 'of the Bame
school'; such a portion. Sabra"'naaharikam, 'the scholastic title' of
the debtor and the creditor, the fact of their pursuing the stndy of 15
Kalka or alike other branch (of the Vedas), atmiyam, 'of one's' i.e. of the
creditor and the debtor, pitarau, 'the parents' their namss. By the
UBe of the word adi, &c. are included the amount, itB kind, and quantity,
and the like; marked with theee, should be made.
By the use' of the word tu, ' however', are excluded those made 20
under compulsion or by fraud; by the ,econd UBe is excluded one without a
document when the documeot is written by another. This, moreover, should
be borne in mind, tbat even if written by another, a document if admitted
to be an extremely honest transaction is good evidence even if it be
without a witne,s; otherwise, however" the decision is to be reachild 25
by means of witnesses. There, the document is used as B means of
reminder to the witnesses.
Artha, ' the contract " when (it is) completely written down; r'l}i,
'the debtor', yadatra pat"e leHitam, whatever has been written in this
document', that, malam me amul<aputrasya, 'has the asseot of me the son 30
of so and so.' Thus, after having written tbis in order, he should write
his own name with his.own hand, and enter it in the document.
In the cnse of one ignorant of writing, Vyasa states a special
rule: "A debtor who is ignorant, should cause his aBsent to be written;
or even a witness (who is ignorant), by a witness, or by any other, in the 35
presence of another and the witness." (86).
'With witnesses \so has been etated. There, the Author
mentions the 'witnesses, &0.', ' equal.', i.6.
the bright or the dark half of a month" ""'T.
2. i. c. in verse 84.
898
Viramltrodayn & 5'UlllpilQ.i-[lIvalid doCUmClltB.
[
Ydj'na-valkya
Verses 87-89.
with equal qualification" te, 'these', i.e. the witnesses, 8zoapitrndma-
lekltanapurvaham, , with their father'e namee written hefore', atra, 'in
this transaclion', altam 'I, so and so' by name, sa k::Jlti , , am
a witnes,', thus 8zoahastena, 'in their own hands', 'shnuld
5 (they) write '. Those who are ignorant of writing should cause it to be
written; this i, indicated as an addition by the word (87).
'thereafter', i.e. after the n. me of the witneBB w.,
written, 'the writ.er', i.e. the writer of the doonment,
ztbMbflydm, ' by both' i.e. by the creditor and by the debtor, art/titena,
10 'being reque,ted', by name ,n and BO, by my,elf thi" likhitam, has
been written " thuB ante, 'at the end " i.e. rounding np the remaining
portinn of the docnment to be written, himsBlf liliket, 'ehonld write'.
By t.he use, twice, of the worJ hi, the object of recording the
request, and also the nnderstanding of the import of the document, ha,
15 been pointed ant. ,(88).
VindpUi, 'even without, &c.', has been explained before. By
the use of the word tu, is excluded a document written by annther and
executeJ with attestaHon. Sarvam,' all that', by thie is expre,sed all
the writing', viz., of the plaintiff, witnesseB, the writers of the
20 documents, etc. (84-89).
S'illapa1fi.
Yajiiavalkya, Verses 88,69.
The meaning (of Verse 88) is plain.
, A document written by the hand of the debtor, even though it be
25 witbout attestation, still it is good evidence, provided it does not happen
to have been caueed to be made under compulsioo or by fraud.
'fraud'i. e, deceit. So Bl'haspatil: "A document execntedby " dying
person, an eDemy. one oppressed wHh fear, a wOJnan, a Buffering persoD,
one intoxicated, dietressed by a calamity, at night, by fraud, or by force,
30 aoes not hold good". (89).
While discussing the rules ahout documents the Author
mentions the rule that !I debt entered into a docnment shonld be paid
by three (generatione in descent) only.
1. Oh'. VIII. 23.
YdjilavaUcyu1
Versc- 90. \1)
of Ira bili ty. '
Yiljiiavalkya, Verse 90 (1).
A debt evidenced by wl'iting should. be paid however
by (persons in) three (generations) only.
, :-As a debt evidenced by a should be
given by three ( generations) ouly, so alsoit is ordained, that a debt ,5
evidenced by a docnment should be paid, by the borrower, his son, aDd
the SODS of that SOD i. e. by tbree ( generations) only, and not by the
fourth and others.
, An objection :-Indeed by the text!" sons andgrandsOjls
should pay a debt ", it has already been established as, a general 10
restrictive rule that a debt should be paid by three ouly. '
The answer :-True. But tbis text has been mentioned with
a view to meet a suggestion which may likely be made 'cbat R
debt entered in a document might be understood as an exception to
this general rule on tbe strength oUts havi'[]g been 'found in anotber 15
For, after mentioning tbe cbaracteristics of a dOCUIi:ientit
has been said by ka. tyaya na: "Thus, an ancestral debt is made
payable aEter the (proper) time has passed ". Thus an ancestral
debt which is entered into a document is made payable even though
the time (for payment) has passed. 'Here by the use of the plural in 20
'of the ancestors' 'as also froll tbe expression' time has
passed' it is inferrable that the fourth ,'",
* PAGE 55. (descendant) and others may be made to pay';
Moreover, Harita also bas said: "To him in
whose possession the dOCllment purports to be, should payment be 25
directed to be made." Here also by the general rule that 'tbe debt
is his wbo has the document io his custody', the inference arisestbat
the payment of debts may be made to the fourth ( descendan t') and
others. Therefore it is proper that tbe present text is for the purpose'
of removing tbe doubt. Tbe two texts, moreovel', should 'be supplied' 30
in pursuance 'of the text of the Lord of the Yogis'. .
1. Verse 50 See p. 702.
2, See ilfasitUllah VB Damada,' Prasad 53 LA, ,204; 48 A1I518 AIBo
SheD Ram vs. Dnrga 3 Luck, 700. Where the Privy Oouncil,held that D.-BOn was,
bound by the e.le of anceBtrid property by the father for paying off a debt
of his grandfather i. e. the grandfather of the son,
3, j, e. The Bage yajfiavalkya,
'."
900
& Vlrllmltrodaya-Spccial rule for a Pledge,
The Author mentions an exception to it
ya.jiiavalkya, Verse 90 (2).
[
Yd.iiiava,lklla
Vorae 90.
A pledge, however, is enjoyed as long as it is not
paid off.
5 :-The non-liability for paying a debt having
become established by the (general) rule in the text: "A debt is
payable by three only, although it is redllCed to writing and ie with a
security," an incapacity for recJveriog " debt might also be inferred.
With a view to (avoid) this, the Author has stated this (text ).
10 By saying that 'a pledge may be en-joyed even as long as the
debt is not paid off, whether by the fourth or the fifth' a capacity has
been indicated in favour of even the fourth (person in descent)
for redeeming a secured debt.
An objection !-Bnt this too has been once stated already in
15 the text
l
: "a usufructuary pledge never lapses".
The answer-True, still if this text which is in the nature
of an exception, were not given, it (i. e.) the capacity would be
confined to three persons only. Thus everything is without a fault.
Viramitrodaya
20 A document, BometimeB iB not regarded as conclusive evidence.
The Author states that
Yii:iijavalkya, Verse 90.
A loan which haB been entered in a document, trihMreva, by
(descendent' to) tbree (generationB) only, dey am, 'Bhould be paid '. By
25 theuBe of the word 'only', are excluded the great-grandBon and
otherB. Therefore the IDeaning is that even iii. there be a document, U
loan cannot be enforced against a great-grand,on and others. By the use
of the word tu, 'however', is excluded the liability of tbe grandBon to
diBcharge a surety liability included and joined to the word rl,am, ' debt.'
30 'a pledge', a pOBseSBory pledge such aB land, &c., tavat
bknjyate, 'is ae long enjoyed', yawat, 'so long', tad, 'tbat', pledge, i.e.
that debt iB not paid back by the debtor to the creditor. The
meaning is that in that w'y, therefore a document of pledge evidenoes
agood claim even beyond three generations. (90).
1. Verso 58 .t p. 82U. 1. 18.
'"
YiimavalkiJa] &. origi11al cWoun!clli is lost.
Verses GO-P1.

Yajilavalkya, Verse 90.
A loan as described belore entered in a docnment, excepting a
pledge, should be paid by (members of) three generations; not, however,
by the fourth. In regard to tl;18 rule laid down in the text': "by the 5
sou and the grandsons the debt must be paid ", this text is intended for
limiting it. Where a debt has been advanced after taking a pledge, there
this rule does not apply; so Manu': "In regard to (amorous) women, at
marriages, for the cow's fodder, as also for fuel, and (in anything) in
favour of a BralfmaJ;la, for a (false) swearing there is no sin". (90). 10
Having disposed of a matter which had occasionally arisen,
the Author resumes the subject in the context proper.
Yiijiiavalkya, Verse 91.
If a document is in another country, is badly written,
l' ;,
"1',
. or is lost, as also, if it is stolen; likewise if it is torn, burnt, 15
or cut asunder, another should be allowed (by the king) to
be made ( in its place). .
The rule which is now being laid down is
that when a document has become unfit for a
Reg a r din g suit, another should be made. And unfitness for 20
worn out and a suit arises, when the document is des'antara-
other documents. sthe, placed in another country, which is at
a long distance j durlekhye, when the document
is badly w1'itten, that is-wherein the writing i. e. the character or
words are bad i.e. ambiguous or unintelligible, is (caUed) a badly written 25
document; in EUch a badly written document. lost, i. e. in
course of time; unmrshte, effaced, i. e. where the characters and
letters have been rubbed oft' on account of the weakness of the ink.;
hrte, stolen, i.e. by robbers &c.; bhinne, torn, i. e. tattered; dagdhe,
burnt, i. e. has taken fire; ch!rlnne, cut asunder, i. e. wbeu it is cut 30
into two separate pieces.
This (rule applies ), moreover, when there is mutual consent
or the plaintiff and the defeudant. In the case of a difference, however,
1. VerBe 50 p. 792.
2. Oh. VIII. 113. It doe, not oppe.r why this verse is cHed here.
902
cco1ldaf'Y evidence,
[
YiijnatJalkya
Verso 91 ..
and when parties go to law, time shonld be allowed (us may be
necessary, for producing the document which is in another country,
having regard to the inaccessibility and badness of roads.
In the case of a document which is lying in a place which is
5 inaccessible, or which is lost, a suit should be decided by meaus of
witnesses only. As says Narada
'
: "When a docnment has been
transferred into another country, or bnrn t, or hadly written, or stolen,
time should be allowed in case it should exist still; if it be not in
existence,.thli evidence of those who have Seen it decides the matter".
10 In the case of a document which exists i. e. is still in existence, for
producing it from another country time should. be allowed i. e. an
interval or time Bhould be granted.
In tbe case, however, of that which does not exist i. e. has
ceased to be in existence, the suit should be decided by examining
l5 those witnesses who have seen it berore. When, however, there are
no witnesses, then the decision should be made by (a resort to) an
ordeal, vide the text:' "In a suit where a document or witnesses are
unavailable, the divine proof should be exhibited". This refers to a
document between (private) citizens.
20 Similar is ( the caSe with) a Royal grant. This, however, is
the difference:'" A. document is known as a Royal grant wbicb bears
on it the King's own band writin::(, and which is marked witb his own
signet seals; it is ( valid as) evidence in all trallsations." Similarly
another ( kind of ) royal deed" evidencing snccess has been mentioned
25 by "That is called a jayapatraka ( a docnment
evidencing snccess ) in wbich is indicated the manner how tbe point at
i8SM was proved, .wbicb . contains the answer as well as tbe proof, and
which has also tbe decision (recorded) in' it. To the litigant who
wins and wbo bas established his poina. the jayapatra1ca should be
30 delivered over impressed with the Royal seal and baving the signature
1. Oh. I. 146. 2. Of KAtyaynna, Verse 224.
3. Bee Katyayann, Ve,se, 258.
4', A a decretai documenent, dam'ota, a decree and judgment.
Jayapatraka is a "certifioate of success" supplied to the successful litigant
'-as evidence- of ,his sueces!:! in the particular suit. A Billnpatm_U a certificate
of defeat" is only evidence that a particular person Was defeated in a particular
plea. or' pleas in ,n; certain litigation.
]
Verss 01.
thereon of the Chief Jndge'in his hand." Similarly the councillors
also Bhould add in their own handwriting thuR.: "This is approved
by me the son of so sndao &c." vide the text of lVIanu: "And also the
councillors such as are versed in the Smrtis snd the S'(}'stra, should
add ( in) their own h'and just BS in the ( case of) 5
'" PAGE 56. procedure (prescribed) for documents". More-
over, a proceeding is not declared to be free from
defect except with the unanimous consent of the conncillors, as says
Narada
'
: "That (decision of a) dispute is considered to be without"
a dart where all the members of the judicial assembly declare, 'This is I'd'
right', otherwise the dart remains in it."
Moreover, this rule applies only in the case of a judicial
proceeding w,hich contains ( all ) the four components; vide the text':
"That is declared to be a jayapatraka which proves the matter in
issue, which contains ( all) the four components, and which also bears 15
on it the Royal sea]." Where, however, there is a defeat, as in the text'
"One who alters his former statement, one who shuns Ii trial at law,
one who does not put in an appearance, onB who makes no reply, as
also drie who ahsconds after being summoned-these are the five
varieties of, a faulty ( H!na) litigant. "-in such Ii no jayapatra,ka
is given, but only a Mnapatraka-a certificate of a defeat. This
(last) moreover is given with the object of imposing a penalty
in course of time, while ajayapatraka is ( given) with the object of
establishing the plea of rOB judicata. This is the distinction.
Viramitrodaya 25
When .. document,'executed at the time of the trlLO'saction of the
loan, by reason of its location in another country or a like cause, is, not
likely to be available for being procdeded upon atthe time of the aclion;
ab'other d&c'Umerit should be'nlade. That, moreover; whena'gre'ed t/)'by
hoth isgoOifeviaence; so the Au'thorsaye 30
Yajnavalkya, VerBB 91.
When a docnment is de/;antara8ilw, 'loc.ted in another' c'duntry",
i.e. ly,ing in 'a place other than the one in point; du'!"le, 'is faulty', i.e.
1. dlf;III. 117. 2. OfEMyaynna.
3. Narada II. 33. The meaningi' that here the plaintiff was putout of
the court on aooountoi a defeBt in hi' side; and 'not that the defendant got
success [Lfte! a contest.
35
9(14.
Virami" SJiila. Ii' W1HHl document Zoot we.
[
Yiljnavallcya :
Verses 01-92,.
letters in w.hioh are ambignous; '.is lost', by the paper
being destroyed; 'effaoed' owing to the weakness of the ink,
the letters in whioh are rubbed off; bhinne, 'torn', i.e, on aooount of
the papers being sepamted, ont into two; dagdl16, ' burnt', by fire; or
,0 cll(d1l.ne, 'cut asunder', i,e. being cut into tatters, being split into two;
annyaUekkyam, 'another document', kamyet, 'should be caused to
be made',
By the use of the word tatM, 'likewise', is included the oompound
word formed; and by el,a is included the onetakeu away by a thief.
10 By the use of the word eva, 'also " the making of another document is
excluded iIi the absence' of its being located in another country, &c. If.
the other side, with a sinful desire for appropriation, does not accept the
former document, then after having established (the fact of) the former
document by 'means of witnesses and the like means, auother documsnt.
15 should be made. (91).
---
S'iilapalli.
Yajiiavalkya, Verse 91-
'effaced', brought about by a defect in the ink; by
the use of the ,word -bhinne, 'torn', i. e. cut, chl),in11e,. 'tattered \ r:. e. shattered,
20 another document with the consent of both maybeoaused to be made. (91).
25
The Author mentions the ways of deciding a case when n'
doubt or dispute about document arises
Yajiiavalkya, Verse 92.
The genuineness of a doubtful and disputed document
may be established by (comparison with other) documents
and (other writings) of the party (written) in his own hand,
and by similar other means; as also by presumption, by
confrontation of parties, by direct pro,&f, by marks, by;
previous connection, by (a probability of) title and by
30 inference. .
Lekhyasya, of a dOGument, sandigdhasya,
35 which haa been doubted nato whether it is genuine, s'uddhi\l, the
1. i. tJ.' the several circumstances mentioned ill' the text such as' its"
being in another country, or lost &co
]
Terse 92. _
905
genuineness, syat, becomes . established, swa,ha,sta,likhitadibhijl,
by comparison Wilhother documents and similar (other writings) of
the party, i. e. by (establisbing) tbe gennineness by (means of) another
document wbich was written by him in bis own band. The mea.ning is
that if the let,ters are similar, the genuineness would be established. 5
By (tbe use of) tbe expression, adi, such other, it is implied
tbat the genuineness is established by (pointing out) a similarity with
other writings of the witnesses, or tbe writer, writteu in their own
bands (with tbe one in dispute). A conclusion arrived at by regard'
to probability is a presumption, yuktipraptijl; Praptih-is the 10
(presumption arising from the) connection with the thing iu dispute,
witb the country, period, and persons. A J)u7cti-is a probatLve
reasoning as e. g. in 'It is probable that tbis (particular) thing may
belong to tbis (particular) individual ", kriya, direct proof; i. e.
the adducing of witness evidence on the point; chinjla,I!l, marTes, 15
i. B. distinctive marks' sucb as a S'ri (,ji) &c.; sa,mba,nhdhajl,
previous connection, i. B. the mutual relations of advance and
acceptance (of loans), even before, between tbe plaintiff and defendant
on account of confidence; agama,jl, title, e. g.-" he bas '"
established a reliable Ol:igin of title to the subject-matter in dispute 20
by somucb. "-These only are the cir.cmristances. By means ()f t];lese,
circumstances the genuineness of a disputed writing may ,be,
established. This is the context!.
When, bowever, a decision cannot be arrived at in the caBe of t:
a disputed document, then tbe decision should be made by the help 25
of' witnesses, as says Katyayana': "When (tbe geilUirieness oE) a
document is disputed the plaintiff should cite tbose (as witnesses)' who'
appeal' therein. "
, This text applies to a case where it is possible to have
witnesses. In the CBse, however, wbere it is not possible to have' 30
witnesses, the text of Harita,applies, viz.-" Where a party
, I did not execnte this document, he (i. B. the other party) has forged
1f'-then keeping' aside that ,document, the decision should be made
.by'means 'ohin ordeal."
1. _ afr9'lf-the order or of i'Q.
2. Vers., 283,
906
Viramltrodoya & S'Ulopl1.J;lt-Circumstalltial infere1lCc.
Viramitrodaya
[
y djuatJaZkya
Verae fJ2,
The Author mentions the means of removing the \loubt about
the unreliability of a document.
Yajiiavalkya, Verse 92,
5 Of a document regardiug which " doubt has been raised as to
whether it is genuine or not gennine, /;uddMh, 'genuineness', i.e. the
certaiuty of its goodness is determined by noting a good resemblaDce
between it and another writing which is (admittedly) written by the
opponent with his own hand. By the nBe of the word adi, 'and the like',
10 it is indicated that with the handwriting of the writer of the document
in which the witnesses have subscribed, on a comparison with another
document, the appearanoe of a good resemblallce with the writing of the
document would establish the gennineness.
Yul<1i, ' 'presumption " i.e. a contrary inference from the state-
15 ment . i. e. 'At present there is no money, it will be paid by me in another
month '. and the like. Prapti, 'receipt', i.e. the receipt of interest
stipnlated in tbe document of loan; "riya, 'proof', in the form of
statement of wiLnesses; chinlyam, 'mark', a special mark particnlarly
of the writing by the opponent, e.g. ari, etc.; sambandhalf,
20 such as in regard to the subject-matter of the dispute
Bnch a. an ear- ring, &c., a finding abont the relatiooship of a
creditor, &c., ttgamaly, 'title', i.e. of the subjent-matter of the suit, .uch
a. a purchase, &c., before that; by these causes also the genuineness
may be established. (92).
25 S 'u1apa\1i.
Yajiiava1kaya, Verse 92.
'presumption by confrontation', in this form ;-"In
this, time, such a place, it appears probable for this man to have his
property, and in the like"; K17:yd, 'direct proof', i. e, the evidence of the
30 w:itnessesj 'mal'ks' i. e. special signs; sambandhab, 'connection" i.e,
oithe person offering and the one accepting; also by former writings &c.
in his own hand a connection with the acceptance, a 1I0cument about which
a doubt has been raised, one may be examined.
By tbe use of the word ildi are included the hands of the witness,
35 of the writer, and of himself, So says Katyayana
1
: "When there is doubt
about the hand-writing of the dsbtor, whether be be living or dead,
(by a comparison) with other documents written in his own hand, the
'decision th.e documents (in question) should be reached", (92).
.ZlijnavalhyaJ
Vflrse __ 93.
Tnlils when after the document is established lIB ,genuine, as
also .the liability to pay the debt (a questic)ll might arise BS to), what
should be doue if a party is uuable to pay the entke debt? So the
Author says
Y11.jiiavalkya, Verse 93.
The debtor should write on the back of the bond each
payment made by him after making such payment; or the
creditor should endorse the amount received by him marked
in his own hand.
5
the debtor is unable to pay the entire
debt, then he shonld pay according to his means, 10
An endorse- and write the ssme on the back of the bond thus:
ment on the deed. ,- So much was paid by me; "-or the creditor
should endorse i. e. write on the back of the
document itself whatever amount was upagatam, received,
i. e. got by him, thus,-" So much was received by me." 15
How?-swahastaparichinpitam, marked in his own hand, i. e.
marked by letters written in his own hand. Or, (it may mean this)
viz. that the creditor should give to the debtor a note of acknow-
ledgement of receipt marked by letters written in his own hand.

Yajnavalkya, Verse 93.
20
When the debtor is nnable to disoharge the entire debt, as muoh
amount as he pays, so much the debtor should cause to be endorsed on the
back of the debt-bond. The creditor also should give a writing for the
endorsement, .As says Vi,ll\lu I: "When the whole amount in entiret,y 25
has not been paid, the credior should pass a writing in his own hand", (93).
What should be done with the document when the entire debt
has been paid off ? so the Author says
Yajiiavalkya, Verse 94. (1)
After paying the debt, the document should be caused 30
to be torn, or another should be caused to be made for
(evidencing) the acquitta.nce.
:1, 9h. 'Vt 26,
"908
&. Viramltrodoyn..;...DoDum6nt to be torn.
[
"Yajnavalkya
Verses QS-fJ4,
"' :-Either by instalments or at once, in its entirety
datwa, having paid, tI),am a debt, lekhyam, the document,executed
:before, should be caused to be torn.
When, however, the document happens to ba in an inaccessible
5 ' place or is lost, then the debtor karayet,
#; Page 57. should cause, the creditor to pass to him another
document 5udhyai, as evidencing the acquiUance.
,i. e. discharging him from his, obligations as debtor. The meaning
is that the Creditor should pass a deed of discharge to the debtor in
the order mentioned before.
10 What sbould be done when a debt incurred in the presence of
witnesses is to be discharged entirely 1 so the Author says
Yajiiava,lkya, Verse 94 (2)
And a debt wllich was incnrred before the witnesses
should be :paid off in the :presence of witnesses.
15 :-That debt, however, which was incurred
before witnessess should be paid oil', only in the presence of those who
had previously witnessed it.
Here ends the Chapter on Documents.
Viramitrodaya.
20 Just like the document of the loan, the document evidencing its
discharge is also a good evidence; so intending, the Anthor eays
Yajilavalkya, Verses 93, 94.
Leld,ya8ya, 'of the document " i.e. of the paper, 'on the
reverse' side, as he goes on paying the amount in small Illstalments, so
25 after each payment, nzilwaMilikhet, 'the debtor should write.'Afte,r
having paid the entire loan, however, the document of loan given by
himself, pd!aeyet, 'should cause to he torn', i. e. should he into pieces.
When" however, the debt-hand is not at hand, !mdhyrLi, 'for the
acquittance ',i.e. us evidencing the about the ceBs.tion of his
30_ liability aB a debtor, annyallekhyam, 'a'nother document', reciting the
of the discharge, karayet, ' should be ca!lsed to mQ.de "
'f;1 I
y
lt
iiHk'lJa17tya ]
VerstG ,04-05.
ViramL, S'iilapll.Ql S:. WitllBSB enaoraemllnta.
909/
This is to be particnlarly noted: A debt 'which has heen taken in
the'presence of witnesses, that should be paid of!' in the same manner!
By the nse of the word elt"" it is indicated that in the absence of one's own
handwriting, the mark of the handwriting of an honest man is ,to 1)6
admitted. By the use 'of the word tu, 'however', in a deht incurred 5
without witnesBBs, the disoharge in the presence of witnesSBS is
exclnded. By the use of the word c,,"' is included a payment ,without
witnesses of a loan ,incurred without witnesses. (93, 94).
Thus in the Oommentary ou S'rimat Yajnavalkya"
ends the Chapter on Documents,
.' 10
S'iilapa\li.
Yajiiavalkya, Verse 94.
When the whole amount in entirel;y bas been paid off, tbe debt bond
shonld be torn. If, however, tbe document is not available, by way or
evidencing the acquittanoe, another dooument shbtlld be oaused to be 15
made. When a loan has been taken in the presence of a witness, it mUst
also be paid in tbe presence of a witness. (94).
Here ends the chapter on Documents.
Chapter VII.
OF THE ORDEALS.
Human evidence has heen said to be three-fold viz. consisting
of docnments, witnesses, and possession .
20
. It is now the tnrn of ordeals; and the Author wishing to'
expound ordeals as II means of evidence lays down the procedure in
ordeals by the first five s'/olcas commencing with t, The balance, the 25
fire &c." (Verse 95). There, presently, the Author mentions the ordeals
Yajfiavalkya, Vers,e 95 (1).
,The balance, the fire, the water, the poison and the
kos'a, are'the ordeals, (prescribed) here for exhoneration
( from an accusation). . 30

[
Y djiiavalkY.
VerBS 95.
five ordeals i. e. those beginning with
the balance and ending with the kos'a should iha, here, i, e. in the
Dharma-S'ilstra, be offered for visuddhaye, emhoneration, i. e. for
removing an ambiguity about a doubtful point. [95 (1) J.
5 Elsewhere have been mentioned other ordeals, even such as
the rice and like others, vide the text of Pitamaha: "The balance,
the fire, BS' also the water, the poison, aud similarly the kos'a,
likewise the rice j these are the ordeals; and the seventh is the
heated Then why say these only 1 So the Author says
10 Yajilavalkya, Verse 95 (3rd quarter).
These are (to be resorted to) in trials on serious
accusa.tions.
:--Etani these in trials
for serious offences only. This restrictive rule
'
which is here laid
15 down means that these are to be resorted to only in cases of serious
accusations, and not that these are the only ordeals. The Author
will mention further on the test of seriousness.
An Objection-' In deed, the lcos' a also is prescrihed even in
ordinary snits '-Vide the text
2
-" The ( ordeal of ) kos' a should he
20 caused to be offered even-in small ( charges ). "
The Answer-True. The mention of ( the ordeal of ) leos' a
among (-those of) the halance and others is not indicative of its heing
limited to serious charges only, hut it implies its extention even to
complaints, otherwise it wOl1ld be extended even to
25 compluints on suspicion. J7ide the text
3
: t'In the case of those
against whom a complaint has been made together with a .. wager,
(.the ordeals of) balance and the like should be ordered j while ( the
1. Of PHamaha.
2. .A. complaint wherein the complainant undertake, to pay a penalty
in- 'the 'c!tse of his failure in establishing his allegations is -called- n.
Oomplaint-anAavlhtambha i. explained a,-f<ll'lfi: I
3. Of Pitamaha.
Y4jnavaZkya ]
V8rB8 95.
& Vlramltrodnya-Ordeals in serious C"S6S.
ordeals of) the rice and the kos' a (should be,) in complaints. of
snspicion only. There is no donbt abont this." .
It may thus be thought that this rule may be applied
invariably in the case oE serions complaints, complaints on snspicion,
911
and complaints with a wager, so the Author mentions an exception 5
Yajiiavalkya, Verse 95. (last quarter. )
When a plaintiff1 has (agreed) to abide by the result
( of the ordeal).
:-These i. e. the (ordeals of) balance and
others become applicable to the plaintiff abhiyoktari 10
when the plaintiff has (agreed) to abide by the result ( of
the ordeal).
S'irhaka-is the bead i. e. tbe fourth part of a suit indicative
of tbe success or defeat-and by this is indicated the punishment.-
He who agrees to abide by it is II i. e. amenable to the 15
punishment laid down in it ( i. e. the decision ).
Viramitrodaya.
It has bsen stated' before: 'In the absence of any of these, the
ordeal is said to be another '. There, the Author expounds the ordeals
by an entire chapter 20
Yajftavalkya, Verse 95.
Brhaspati': "The (ordeal by) balance, fire, water also; poison,
and kosa the sacred water the fifth; (of) rice has been declared as the
sixth; and the seventh the heated coin; eighth has been stated
to be the ploughshare; and Dharma, the ninth. All these ordeals 20
have been pointed out by the Self-born".
Of the nine ordeals thus enumerated, these five orden Is, i .. 8.
the balance, &0., in serious charges ouly, such BB gold-stealing and the
like for the 'one who has agreed to abide by the decision "
1. aTfilii'rmr-Lit. perBon making complaint.
2. i. e. the restriction iB o.s to their application, and not [1.6 to the kinas. ,
-
36
912
Virnmitrodayn &. S'tilapiu;ti- Ordeals in Jletty casus.
[
Yajitavalky'l
Verse 95,
i.e. the complainant for visuddl,aye, 'for his exhoneration', for the
removal of suspicion (against him) ilm, 'here', i.e. in tho Dharma SQ.stra
bave been prescribed. S'ir?lw!,a means t.be offer to bear the' penalty
upon the success of the matter of the ordeal.
5 If it bo argued that having regard to the text, 'tbe !.aBa. may be
administered evsn iu petty cases', evsn in chargee of a small "haraoter,
there is kosa; the auswer is, true, it is eo. But, under the text, "For
tho,e agaioet whom an acclIsation has been brought (accompanied) with
a wager, one should direct the (ordeal of) balance and the like; tbe rice
10 alBa and also tbe kosa in caeas of suspicion, no doubt", in accusation
accompanied wit,h B wager the kosa not beiDg mentioned, this mention of
the kosa 'for a plaintiff who has agreed to abide by tbe result' is by
way of an exception. As for, "In cases where t.he plaintiff bas not
offered to abide by the result, the four ordeals viz., of the balance and
15 otbers ebould be avoided; kosa hae been stated to be wbere tbe plaintifi'
bae not (so) agreed". In tbis text of Pitamaha, kosa has been stated
to be where there is no agreement by tho plaintiff to abide by the result ;'
that has a reference to an accusation based au suspicion. (95).
S'filapa]li
20 In the absence of a docnment, or in the absence of a possibility of
a decision about a document, is the ordeal, That the Author statee
Yajiiyavalkya, Verse 95.
The balance and those other ordeals 'in charges
for serious offences', such as gold-stealing &c., Abhiyolclm'i
25 'when the complainant bas to abide by tbe result', iha, in this Sastra, bave
been stated. is the head. Tbat, moreover, here in the case of
the success of tbe opponent, has been agreed to by oneself.
In minor charges, however. as stated in other 8mTtis the rice should
be given. The oaths, moreover, shonld be caused to be taken in the form of
30 the touching of the son's head Or similar other acts. These Brhaspati
mentions: "The balance, fire. water. poison, and fiftuly the Kosa; the
rice has been declared as the sixth; the seventh, a heated is
declared. The ploughshare, the eighth, and the ordeal by Dharma as
the ninth". (95).
35 By the text! "Next the plaintiff should immediately have
written down the evidence by means of which the matter in dispute
1. Verse 7 See p. fl60.
,
,J)
( or allege d ) is (proposed) to be established", the rule of evi dence for
an affirmative allegation only has been laid down. The Anthor says
by way of an exception to it.
Yajiiavalkya, Verse 96 tl).
* PAGE 58.
Or, by consent, anyone may 'Perform (the ordeal),
and the other may submit to the judgment'.
by consent, i. e. by the mntnal
consent of . the complainant and the defendant; anyatarap., any'
5
one, i. e. the comrlainant or the defendant, kuryat, may 10
perform, the ordeal, itarap., the other, i. e. the defendant or the
complainant (BS the case may be ), wa,rta,yet, should submit to, i,e.
take upon himself theS'irap., judgment, i. e. to the corporeal or
pecuniary puni5hment ( specified therein ).
Tbe meaning is this: Ordeal evidence cannot be confined to 15
the affirmative proof alone, as is the case with human evidence, hut
it is established both by affirmative and negative proof. And hence
in the plea of denial, or of confession and avoidance, or of res judicata,
an ordeal is permissible according to the option either of the plaintiff
or of the defendant. 20
Viramitrodaya.
10 h.s been stated' that, "when there are witnesses for both
sides, those for him wbo claims priority should be taken first." There
the word 'witness' is merely indicative of evidence; an ordeal is
intended for a particular (kind of) plaintiff, 'Never shol1ld any ooe 25
order a complaint for au ordeal again' in this has been ,tated
by Manu also. The Author an exception to it
Yajiiavalkya, Verse 96 (1).
Of the plaintiff and the defendant, of both, whosoever may have It
desire for an ordeal; thus where there is their desire for a :performance 30
(of an ordeal) or for its Don-performance there the rnle 'when
1. :-Lit. meane the be.d, tbe top. i .. la,t or fourth part of a trial.
i .. that part which declare, the ,ucoe" or defeat of partie, alld the pUDishment
consequent npon it. .
Ver'e 17 above p. 696,
914
in caSes oj high trlllliBon, robbery etc,
[
Ydjilaualkya
Var" 98 (2).
there ara witnesses for trath, &0.' should ba read and is applicable sa
explanation. 95 (I).
It has been said above that the ordeal of leo:! a is permissible
in petty complaints, in a serions charge, aB also in a charge fonnded on
5 snspicion, or accompanied by a wager. While a restrictive rule has
been laid down that tbe ordeals beginning with tbe balance and ending
with (that of) the poison shall be (resorted to) only in serious
oharges and in complaints accompanied by a wager. There, the
.Author mentions an exception to the expression-I< Only in complaints
10 with a wager"
Yajilavalkya, Verse 96, (2).
In the case, however, of high treason, and also of sin
(of an aggravated type), a party should (be allowed to)
perform an ordeal even though the other party do not
15 submit to the judgment.
:-Rajadroha, in of high treason, or
of pa taka, sins, such as the Bro.l}micide and like others, one, kurya t ,
should per/arm, the ordeal of the balance etc. even if there be none who
has offered to submit to the judgment; and also in charges of robbery,
20 as has been said': "An ordeal should be allowed to those, who have
fallen nnder suspicion of kings, as also those who have been pointed
2
out along with robbers, and who are anxious to get themselves
exhonerated." The (ordeal of) rice, moreover, shonld be given in
charges of petty thefts only, vide the text of Pitamaha: "In the
25 case of theft, however, the ( ordeal of ) rice should be offered, and in
none other; this is certain." The (ordeal of tbe) heated however,
(should be observed) only in a charge of robbery, vide the text:
3
" The heated mo.ha is ordained in a charge of robbery". Other oaths,
1. By NAmd. nnd Pit"maha.
2. "f is a very ambiguous expression. It roay be
interpreted in mony ways. One way of interpreting it is ns translnted above-
"_puinted out along with or marked as robbers f.tlq'gr;:;Tiitrll'ti:. Other
'ways nre-' or cited or referred to along with or by robbers 1 The
one selected in the text would appear to be preferable. . .
3, Of PitAroah.,
Ydiilavalkya]
VBr" 90 (2).
MltAk!horA-Th,Oatl,ord,aZ.
moreover, refer to petty disputes over small amounts. Vide the text
of Narada
'
: " (Let him be sworn by) the' truth, vehicle, and by his
weapons, as amo by his cows, grain, and gold; venerable deities or
revered ancestors, by their pious gifts or meritorious deeds. He should
915
( be made to) touch the head of his sons or wives, or even of his '5
relatives. Or in all charges the drinking of the kos'a water also-
These are the ( kinds of ) oaths prescribed by Manu in pettycBses."
Although oaths also afe regarded as an ordeal by reason of
the fact that an ordeal is generally understood by
The oath the people to be that which decides a point which 10
cannot be determined upon by (means of) hnman
evidence, still a distinction ie iudicated between these and the ordeals
of the balance and others in that, ( while) the one is resorted to by
reason of the fact that. while in the case of one' a final decision is
obtainable immediately without any interval of time, in case of the 15
other a decision is obtained only after an interval of time, on the
analogy of the rule in the ' .. a and Parivr{j,jaka' maxim!
1. Oh. 1. 248-250.
2. Ways of BWearing several orders have been given by Mann Dh. VIII.
113. see Supra. p. 860 ll. 10-20.
3. This pnssage requires nn explanation. Ordeals are of two kinds.
(1) One in which the truth or falsaho'd of a claim is determined immediately on
the spot without any interval of time, and (2) the other which requires some
interval of time for a like determination. The ordeals of the bala1Jco,firo &c.
are instances of the firat, because if the man Bufiers injury in the performance
of the ordeal, hie defeat ie determined then and there. The ordeal of an oath is
an instance of the second, inasmuch aB under the rules of this ordeal if any
calamity befalls a pnty within a certain period after he takes an oath, he is
presumed to hu.ve taken a false oath. This necessarily requires un interva.l of
time io elapse. Thus the two types are distinguishable on the ground of their
capacity to induce a p"ompt or a d'fi"rdd decision ({lll'l'CITRaT'I,'iiJq'<R"lf" & 'li",ffi<R-
Rol'l,'iffilm"lf" ).
3. This is called the In such a. os
'fT6!OJRI'I"!'1 qin!""'''flll the Beparate aud additional mention of qIT'fI"l'l'e, who
generally are included in the former term, merely emphasises their position as
a epecial part of the general body, So here also, although the balance and
oaths equally are -bothorde"JB, still the latter have been specifically mentioned- .
in order to bring out their capacity to induce a: an ;ntervnl of
- .
916
[
Ydjnavallaya
96 (2).
The enumeration, however, of ( the ordeal of ) kos' a along with
(those of) the b.lance and the rest is due to its
The Kosn applicability to serious chai'ges and to complaints
accompanied by a wager, and not to (any)
5 similarity with the ordeals of the balance and the rest, nor to its being
helpful in enabling an immediate decision without any oE time.
As for the (ordeals of) rice and the heated mtll!ha, although
they are helpful in securing au immediate decision
Rice aud withont any interval of time, still as they are
10 prescrihed in petty complaints and in complaints
on suspicion they are distinguished from the ( ordeals of) balance and
the like and hence theirnonenumeration along with those; and this
is a satisfactory explanation.
These ordeals and the oaths also may be resorted to in dispntes
15 regarding debts and the like, having regard to eXigencies.
As for the text of Pitamaha, viz. "In disputes regarding
immovables, ordeals should by all means be a voided ", that is to be
understood as meaning that when evidence in the form d documents
or (tbe testimony) of neighbours and. the like is availahle, ordeals
20 should by all meaus be avoided.
An objection.-Indeed ordeals are also inadmissible even in
other suits when other (kind oE) evidence is available.
Answer.-Trne. In snits for the recovery of debts and the
like, (nevertheless) even after the plaintiff has exbibited his wituesseB
25 (duly) qualified as mentioned before; if the defendant resorts to an
ordeal after giving an undertaking to suffer punishment (in caEe of
failure) then an ordeal is also permissible. For it is likely that the
witnesses may have corrupt motives, while an ordeal is free from all
(such) fanlts, and the object of a law-suit is to find out the trnth
30 about the point in dispute, as indicated in its definition. As says
Narada': "A decision based on an ordeal which is trnth itself is
II real decision according to Dharma, while a decision baaed on
witness evidence is a merely legal decision. When a point can be
1. VerBeB 68, 69, p. 846.
2. Intro. VerBe ll-The secoDd half of the verse is different,
Yd
j
naVa1k
y
a]
VerBe 06 (2).
& Virnmltrodnya - Ordeals in othef' eVlwts.
91'i
established by divine evidence, human or documentary evidence
should not be used." The rule viz. " in disputes regarding immova-
bles, when direct evinence such as the evidence of neighbours or the
like is available, an ordeal should not be allowed even if the defendant
resorts to it after giving an undertaking to suffer punishment (in .5
case of failure) "-has been stated to remove the idea of an alternative'
course The text oE Pita.maha, viz.: "in disputes about immovables
&c. " is not intended to exclude ordeals absolutely as otherwise there
would be the possibility of a non-decision when documeutary evidence;
testimony of neighbours, or similar evidence is not available. 10
Viramitrodaya.
, When the plaintiff has (agreed) to abide by the result,' thus it
has been stated; the Author states an exce ption to it
Yfi,jiiavalkya, Verse 96 (2).
When there is an accusation of a suspected treason against the 15
king, or a heinous sin such as Brl1J;tmicide is suspected, ordeale may be
performed without an offer of an agreement to abide by the result. By
the word atha, , and also', are included theft and the like offences.
That has been stated in the Kalika PuraJ;la: "In cbargeB for
adultery with other men's wives, as also for theft, and forbidden inter- 20
course, and for great sins, shaHan ordeal be ordered by the king.
When there is a mutual conflict, and a wager is laid in a trial, there
only the king should administer an odeal prsceded by an agreement
to abide by the reBnlt. In an accusation for adultery with othere' wives,
where the comploinants happen to be many, au ordeal shall be ordered 26
without an agreement as it is for self exculpation." Iu
oharges for treaBon against the king, and also in assaults, the proceedings
are commenced without an agreement to abide by the result."
Pitamaha: "For those who have fallen uuder the suspicion of kings, as
also those who have been pointed out along with"robbers, and also those 30
who are anxious to have their innocence established, the ordeal should be
offered with an agreement to abide by the result." Narada':" Even
withont an agreement to abide by the result the king may administer
1. The meanin-g is that the aHernn.tive- of an ordenl as an optional course
is not allowed in diBputes regnrding immovableB. The optional apJ!lioation hd,
bsen reBtricted to Bpecific caBeB. For &0. See not04. on pp ..
2. Oh. IX. 22. 3. Oh. 1.270.
[
Y cifftavalhya
Verse898-07.
ordeals to his dependents." Also':" An ordeal is proper only when
the complainant offers to abide by ths result of the tsst, excepting when
ordered' by the king." 96 (2).
S'iilapa"i.
Yajilavalkya, Verse 96.
The person complained against, or the complainant may at their
option (anyone may) perform the ordeal. The other should offer to a bide
by the result. Iu cases of treason agaiust the king, aud in grave sins
and the like (charges), however, even without any offer, the ordeal should
10 be performed. Ay says Vishl'u': "In charges of treason against the
king, and of Bahasa. even without an agreement to abide by the result".
Pitamaha: "In cases where persons have fallen under the suspicion of
kings, and also those who have been pointed at along with robbers, and
those who are anxious to get themselves exhonerated, an ordeal may be
15 administered without any offer (from the other side)". (96).
General Rules of procedure as to Ordeals.
Yajiiavalkya, Verse 97.
Having summoned one who has clothes on, who has
bathed, and has observed a fast, (the Chief Judge) should
20 at sunrise cause him to undergo (any of) all the ordeals
in the presence of the King and of the Braj1malJas ..
:-Moreover, Pradvivakaj1, the Chief Judge
ahuya, having summoned, at sunrise one, who on the previous day
has observed a jast i. e, on the previous day,
25 sachailam snatam, and who, has bathed with clothes on in the
presence of the king, as also of the Britj1maJ;las and Councillors,
karayet, should cause him to undergo, (any of) aU the orde.als
sarvaJ.1i divyani.
1. Narada Oh. I.
2. "qm<F!Ill. iB the reading in Viramilrodaya. The printed text of
Niirada hOB 'excepLing in ca'e8 of high treaBon '.-''!ill !fIitI'ft
'IiIf.F.(<l1 i'ffi lI'!ilr'
3. Oh. IX. 22 .
Ydiiiavdl(cliG ]
Verse 07.
" To one who. has fasted for three nights, or to one who
fasted for one night only, and who has purified himself .and h.s, wet
clothes on, ordeals should always he administered ":
rule as to fssting as laid down by Pitamaha is to .be actually
interpreted by regard to the strength or weakness of the party, as also .5
to. the importance or triviality of the charges under consideration ..
The rule as to fasting, moreover, ,is applicable also to tbeChief Judge
who causes the ordeal to be undergone: " In the case of ordeals, (also)
the Chief Judge 'who has fasted should by the King's permission
himselEobserve all the necessary forms. " Vide this text of ,10
Pitamaha .
. Here also although .the expression used is ," at sunrise "
withont any particularisation, still having regard to tbe practice
among the wise and the respectable, the ordeals should .. he
administered on a Sunday. And even there, the special rule laid 15
down by Pitamaha/ should be ohser.ved viz.: "In the first part of
the day, shall be the test by fire; dnring the first part also shall be tbe
balance; in the midday, however, the (ordeal of) water should be
administered by one who desires to allow the principles of .Dharma.
In the first part of the day is proof by (the ordeal of}kos'ha ordained; .lIO
while in the latter part of the night which is quite cool, (the ordeal of)
poison may be offered. "
As for the ordeals of the rice, the heated and the like
for which no special period has been prescribed, the administration
be also in tbe first half (of the day), vide the textofNarada' 25
which is quite general viz :_rr In the forenoon, in regard to all the
ordeals, has the administration been proclaimed. "
Dividing a day in tbreeparts, the first part is called the
PurvarJqa', the middle the MadhytJ,!qa, and the last the
Moreover, another rule as regards the particular time has been 30
indicated by texts which are in the nature of affirmative and negative
injunctions. Of these, tbose indicated by affirmative injunctions
1. Al,o Niirada. 8ee Aparjjrka p. 697.
2. Oh. I. 269.
3. Tra.nslated either as First part or 'I
37
& ordcalojor'i1.'iifcrtmt seasons. r Yt1.filavalkya
L Verse 07.
are as follows :-" For (the ordeal by) fire the cold seasons' of
S'is'ira and Hemanta, also the autum season of WaThft have been
prescribed; in the S' arat and Grihma seasons the (ordeal hy) water
is (administered), and in the seaSOns of Hemanta and Sis/ira the.
5 (ordeal of) poison. The month of Chain'a, and of Mdrga!r$Ma,
as also of Vaiiilcha are mouths generally for all the ordeals as they
are not nnfavonrable to these. The (ordeal of) kos' a, however may
'be administered always, and the halance at any time." The mention of
kos' a is indicative by implication oE all the oatha. Moreover the
10 (ordeal of) rice may be administered at all times; since no special
rule is mentioned (for it ).
That indicated by negative inujnctions is as follows-"In the
cold season, 'there cannot be a purification by ( the Qldesl oE ) waler,
nor can there be in the hot season a purification by fire. Not in the
'15 rainy season should (the ordeal of) poison be administered, nor
also in the midst of a heavy gale the (ordeal of) balance ; nor
in the afternoon, nor in the twilight time, nor ever at mid-day".
By the use of the word cold (Slita) in the text "there cannot
be a purification by water in the season" the seasons of Heman/a,
20 S'is'ira, and Warhftare also included by implication. And in the
text: "nor can there bea purification by fire in the hot season," the
repetition of the prohibition in the case of the Grihma and the
,S' arada seaSons which was already established by the affirmative
injunction, is' indicative oE a 8pecial injunction ( atl<ro:!\"l).The
'25 circumstances justifying (an ordeal) however will .be mentioned
further on
Viramitrodaya
The Author states the procedure generally for ordeals
Yajiiavalkya, Verse 97.
'30 At the suorise the Ohief Judge should summon the performer of
the ordeal who haB bathed with clothes on and make him perform an
the ordeal. in the presence of the vide Pitamaha: "To oDe
. --1.- BeaSO'n; or periods".af_ the year_ reckoned to be
six. as: orfjr:rBl1flIiqI 'Efl:fr: SisiIn,. Vasauta,
Sarat and Hemauta.' .,. . , . '
ti'f1.l6jor uJI:orde!ll. ::
who has observed a fast forti:lree nights, or to one who has f"stedfor,
one night, should always be administered the ordeals, to one who has'
oleansed himself and ha. a wet oloth on." The option as to a three-
night;"or one night's fast is to be determined by regard to the capacity
(of theperforiner), lind 'by a discrimination between a se;ions charge and' 5
a petty complaint.
,Also "In regard to the .ordeals, all acts the OhiefJudge
should. perform like. the Ohief priest in a sacrifioe, with the observanoe
of a fast and nnder the order of the king." This fast of the Ohief Judge,
h(lwever, is in the Case of the worship of the subordinate dietiss in the 10
ordeal.
Here although it has been stated-'.at the sunrise' in
generaUerms, still from the usage of the 'respectable, Sunday is parti-
cularly meant.Yids
1
Narada: "In the fore-noon only .has been declared
the administration of an ordeal". Pitiimaha: "In the fore-noon shall 15
be the test by. fire ;and.in tbe forenoon also shall be tbe balance; in the
mid-day, however, should water Le administered by one who desires to
follow tbe prinoiples of Iharm". In the first part of the day, the
purification by l/Os'a has beeu ordained; while at night in the latter
period sbould be administered poison, when it is quite cool". Similarly, 20
"The month of Chaitra and also and similarly also
V"is'a;M", these are the months generally for aU ordeals, as they are
not unfavourable. The Balanoe bas been stated to be for all
it should be avoided when a violent wind i. blOWing; The (ordeal by)
fire has been deolared to be during S'isira, Bemanta, aud ; during 25
the S'arid arid the (ordeal by) water; and in. the Bemanla
and the S'is'ira, the poison". Narada': "During the cold season,
there cannot be the purification by water; nor can in the hot season
there be the purificatiou by fire; not during the rainy season shonld
poison be administered; nor, 0 .king, duriog a violent storm, the 30
balance". Here, in the word oold, are included the Bemanta, S'is'ira
apo. the By. the, word" hot, are inoluded the S' ararl and the

In the Astrology: "When Jupiter is in LBO or in Capricorn,
as .. Iso when Venus is iiI ohscurity, and in the intercalary montb, the 35
test should uotbeperformed by one desirous of success. In a clean
Sun, as also of the Jupiter. Nor wbenVenus has become invisible;
also when the Suu is in the Leo, a test is not ordained by the wise.
Not ou the eighth, nor on the fourteent.h, shall there be II. test by
Oh, 1. 259,
g22 Vlrami, S'Ulapl\r;li & proccdnre jor oTdeal8.
VersBIl 07-08.
expiation. The teBt as alBo the inauguration Bhall be On a Saturday or
a Monday".
Here, briefly the general procedure for ordeals iB being written
thus: -In the bright half, on an auspicious day, after baving finisbed
5 his daily performances, and with the observation of a fast, tbe performer'
after having got first the benediction repeated by the Br!1\lma!)aS, shonld
select and appoint tbe Ohief-Judge just as the cbief Priest. The Ohief
Judge also after he is chosen and appointed, after the manner of the
ritual of the consecration and donation of a tank, having performed tbe
10 inanguration sacrifice, with the obBervance of a faBt, on tbe day follow-
ing, after having obBerved tbe daily performrnceB, on a Sunday, Bhonld
repMt thuB : "Oome, 0 divine Dharma come; enter thiB ordeal, along
with the GuardianB of tbe world and the groupB of tbe Vasus, .J!.dityas
and the Marutas. There witb a wet clotb 00, the rerformer of the
15 ordeal Bhould perform the ordeal as ordained. Here the fast for three
nightB iB for a performer of the ordeal who iB capable. ThiB iB tbe
distinction. (97).
S'filapa!);.
Yajiiavalkya, Verse 97.
20 'At sumiee', i. e. in the fore part of the day. Narada: "To a
man who has observed a fast for a day and night, who has bathed and
has a wet cloth on, in the fore part of the day has the udministration
of all ordeals been declared". By this, the expression "who has bathed
with clothes on" has a reference to wet clothes.
25 By some even this veree is not repeated. But Vis'varftpa has
included it in the text (97)
The.author mentions special rules in the case of (several)
persons liable ( to an ordeal ).
Yajiiavalkya, Verse 98.
30 The (ordeal by) balance is ( ]1rescribed) for a woman,
a child, an old man, a blind man, a cripple, a
and one diseased; (an ordeal by) fire or water (is for
or Vaisyas respectively) ; for a 8'fidra (the
ordeal by) poison weighing seVen barley. corns only,
;l ,
Ydjnavdlkya ]
Verse OS.
ordeals for several people.
:-stri, Women, j, e. all women without regard
to any particular caste, age, or position; bala. a child.
attains the sixteenth year, without regard to the particular caste;
vrddhap., an old man, i. e. one who is above eighty; andhap., blind
man, i. e. one deprived of the eyesight, pangup., a cripple, i. e.deprived "5
of the use of the feet; brahmal}.a, A i. e., the whole
caste ( Br;l!tmaQa); rogi, diseased, i. e., one affected by a dis'ease.
The restrictive rule laid down is that for the purification of these,
the (ordeal of) balance alone is allowed.
Agnip., the (ordeal by) fire, as also (tbat of.) the plongh 10
( Phata ), and the heated is for a jalam, water,
alone is for a Vais' ya. The worll wa, or, has a restrictive serise,
yawap., the barley-corns of poison, saptaiva, i. e. 8et'8n
only are ( ordained) S'iidrasya, for (the purification of) a
S'udra. 15
By ordaining the (ordeal of) balance for a Br:l1;lmaQa, and
the ( ordeal of) poison weighing seven barley-corns only for a
the ( ordeals of) fire or water come to be ordained for the
and the Vais'ya. This very tbing has been made clear by Pitamaha:
"For a .. a the (ordeal of) balance should be offered, the
(ordeal by) fire for a for a Vais'ya the water (ordeal) has
been ordained, and ( the ordeal of) poison should be administered to B
S'udra. "
As to what has been said' that there should be no ordeal in
the case of women &c. viz: "An ordeal should 25
;; Page 60. never be administered to persons engaged in
performing avow, to those afflicted with a heavy
calamity, to the diseased, to the ascetics, or to women, if the rnles of
Dharma are to be attended to "-that is for removing the rule of
option laid down in the text'_U or, with consent, the other may 30
perform the ordeal."
1. :-is a particular weight-measure of gold; it is either the 1\20th
of a Pa'{/.a. 111iTr "-or is the eightfold of D.
Gtmja in the Indian gold market as a mass. (tflflf).
2. By Narada 1. 256.
3. Of Yijii.valkyaII. 96 Bee p. 913 I, 6-7
924
rule tn caSe o/women, etc,
[

Verse 98.
, '
The purport, is this: In complaiuts regardiug 'Obstruction,
when women are tbe complainant a, ". 'the ordeal is allowed
only for the persons' complained against; and eveu wbllll these' are
the defendants, the ordeal ahall be for the complainants only. In
5 cross-complaints, however, an option only is allowed; and by this
text even there, a restrictive rnle has been imposed as to the balance
only. Moreover, in complaints on snspicion about heinous sins, the
( ordeai of) balance alone is prescribed for the women and others.
Thus this text has a purpose, in that it lays down a restrictive
to rule-.. as to ordeals in the case of women and .others when all. ordeals
are ,possible in the months or Chaitra, and Vais'flkha
which are common to all ordeals .
. Nor, moreover, should It be snpposed that, (the ordeal of) the
balance alone is prescribed for women at all times, siIice a rule has been
15 laid down for their purificatiou by the ( ordeals of) balance, Teas' a, aod
fire, omitting (those of) the poison and water in the text' : "And the
(ordeal by) poison has not been ordained for women, nor has . the
(ordeal of) water been laid down; the real truth at the bottom
should be sought for from them by means- of the (ordeals of ) balance
20 and Teos'a"; similarly the rule should be applied in the case of a child
and others.
Similarly, even in the case of the and others also.
the rule aa to the (ordeal o[) balance &c. does not always apply, vide
the text of Pitamaha viz: " Purification by (the ordeal of) Teas' a is
25 ordained for all, members of all castes; all these ordeals hold in the case
of all with the exception of( the ordeal of) poison in the case of a
Therefore when at the common periods the ordeal5are
equally possible this text is intended to restrict it to that oithe balance
only. During other periods, however, the ordeals prescribed at the
30: respective times are (allowable) for all. Thus : "In the rainy season fire
alone is ( prescribed) for all. In the seasoUs of H8manta and S'js'ira
there is an option in the case of the three CBstes, viz. of the
and othera for the (the ordeals of) fire aud poison. For
a Bri1\lmalfa, however, the ( ordeal of ) fire alone, and never ( that of )
1, i. e. the etl}, 9f N
Mitaks.hnra & Viromitrodnyn-Ruts8 ""'or 'I16r';ormer of' ordeals. ;"'2' 5'
J' c J' "
poison, is allowed; vide the prohibition (contained) in the text': "with'
the exception of. (the ordeal of ) poison in the case or
During the seasons of Grihma and (the ordeal of) water'
alone (is allowed). Of those, however, ror whom ( the ordeals or ),
fire &c. are prohibited having regard to the special maladies from.
which they might be suffering, e. g. in the text.-" The ( ordeal or),
fire should be avoided in the case of the lepers, and (that of.) the
water ill the case of persons suffering fom cough and heavy breathing;
and the (ordeal of ) poison should always be avoided in the {lBSe of
personH suffering from billions or phlegmatic complaints "-in the
case, or such persons, eVBn in the periods ( specially) mentioned for
( the ordeals of ) fire &c. the common ordeals of the balance &c. alone'
I '
10
are allowed. Similarly ,having regard- to the text-" (The ordeals of)'
water, fire and, also ( of) poison should be administered to strong
men"-even in the case of weak men, having regard to the prohibit 15
ive rule in general, snch ordeals should be admluistered as' are.
conformable to the (special) caste, age, and surrounding circumstances,'
and as do not offend against the rules as to seasons and time.
Viramitrodaya.
In regard to the ordeals the Author mentions' rules' for the 20
performer
Yajiiavalkya, Verse 98. I','
For one who is below the age of sixteen, for the aged, for tEe
blind, for a cripp.le, for a Bflll).maua, and' also for on'e Buffering 'froin ii
disease, Ba,lance is the ordeal. For a S'ftdra, however, the Fire, Water; 25
or of the Poison, (in which) portions measuring yavas may be given,
Narada': "For" Bralfmaua tneBalance, should be fo.-a
Kshatriya, the Fire, the conBumer of oblations; for a Vaie'ya
Water, ,and for a S'iJdra Poi80n only. Generally for
has been declared by the thoughtful, excepting the poison in the caBe of a 30
BraJ;tmaua; for all, however, the Ba,la,nce baB been stated". '
" Katyayana': "For a member of the kingly order the Fi"e,
Balance for the Vipra, and for the Vais1ya the Water should adminis
tered; or for all, all the ordeftls, excentiug the poison in',t.he o,s';.'of the
1. Of Pitamaba. See' nbrive.
3. Verses, 422-423.
'2 Gb.1.-1I34,335 . . j
. t:o
Viramitrodaya- Special ordeals in particular cuses,
foremost ,of' the twice-born. The twice-born who follow the occupatiou
of tending the cattle. the trades, also of artisans and danaers, as al,o of
messengers and usurers, sbould be given like as to a S'udra". Similarly': .,
"Not for tbe iron-smiths, tbe Fire, nor Water for tbe water-drinkers;
5 also for those experts in the operation of incantation shonld Poison be
sver administerel. An ordeal should always be avoided for men
snffering from diseases; with the rice should he tested one en!(aged in
a. vow, or one 8ufferil1g from (), diseBse of the mouth". 'Engaged
in B vow', i. e. Bo vow of consuming the rice.
10 Nlirada,: "The eunuchs, persons devoid of virility, men
oppresBed with grief, as alBa minors, aged personB and the diBeased,
one should always teBt in the Balance. Not for thoBe Buffering from
.. diseas. Bhall the purification be by Water, nor shan the Poison b'e for
those Buffering from billiousness; for the leperB, the blind, and tbose
15 with distorted nails, the performance of the (ordeal by) fire is not
ordained (255). Nor should be immersed ths women and the infants by
those well-versed in the Bcience of religion; as also thoBe who are diseaBed,
or aged, alBa thoBe men who are weak (313). PersonB devoid of energy,
thOBe afilicted by a disease, nor thoBe who are euffering should onB
20 immerse in water; immediately they are immerBed they might die,
these men with a tender vitality ,(314). Even if these happen to be
involved ina charge for a heinous offence, oue should never immerse
them in water; nor also should they he made to carry ji"e, nOr should
they be tested by poison (315)".
25
Pitamaha: "To tbe drunkard, the voluptuous, as also to the
rogues, the k08a should not be offered by wise men; as alBa to thoee
who are unbelievers by nature". Katyayana': "Upon a conflict with
the usage of the country and the time, one should administer as may
be proper relatively; an ordeal may be got performed by another'; this
30 is the rule on a conflict". 'On a conflict' i. 8. when the accused is
incompetent. Niirada: "],or those who have entered upon a vow;
those who are extemely troubled, those suffering from a diaease, as alBo
for thoBe who are engaged in auaterities, and for women, there Can DOt
be an ordeal, if the rules of law are to be obaerved". Katyayana':
35 "For those who are tainted with great aioa, and eapecially for the
1. Katyayana, Vers., 424. 2. Oh. 1. 255, 313, 314, 315.
3. VerBe,436.
4. i. o. by one nominated by the aecnsed, when he is not himself able
to do the ordea.l, but is anxious for an exhoneraHon.
5. Verses, 431, 432.
"
Ydj'ilavalJeya ] ViromL
j
S'Gln. &: fOI' ordeals. 927"'
Vcrs" 8S-99 (1).
unbelievers, for tbese an ordeal must not be given, and to one who is'
habitnally addicted to sins; so sayS Bhrgn (431). In the case of those
sinful persons for whom ordeal. are prohibited, these should with effort
be tested through good men; the king should not pronounce' defeat
upon ono against whom an Bccusation ha. been laid (432). (98). 5.
s'filapa\li.
By I'egard to particular class &c., the Author states particular
ordeals
Yajfiavalkya, Verse 98.
For a !fudm, a special rule has been mentioned by Narada: "For a 10
Brid;tma\la should be given the Balance; for a Kshatriya Fire (the con-
sumer of oblations); for a Vais'ya should be given Water; and for a
!fad,.a, however, Poison only. Generally for all, the Koso has been
declared by the wise; excepting the Poison for a Bral;!ma\la, or for all
has been stated the Balance". 15.
As to the text "for women, however, no ordeal can there be", by
which an ordeal has been forbidden for women,that, however, has no
reference to any other.-tlFor those involved in great sins, and iri"
particular for the unbelievers, never should a king intent on the rules
of Dharma administer an ordeal. For good people appointed by these 20
very men an ordeal may be proper ". (98).
It has been said' ( above) that "these ordeals are ol'dained in
the case of serious charges." The Author now mentions that which
makes for seriousness in a complaint
Yajfiavalkya, Verse 99 (1).
Never until (the subject matter of the dispute is 25
below) a thousand should (the ordeal of) the plough, nor
the (ordeal of) poison, nor also of the balance ( be allowed).
While the subject-matter of the sait is less
than a thousand Pm.las, the ordeals of the plough, the poison, or of
the balance should not be caused to he made, and even the common 30
ordeal of water also, as hus been said' : "The ordeals beginning with
1. Tlie reading here is "Ii'rmif Elsewhere ths reading is
- See .Kane VarBe 432.
2. Verse 95 p. 910. 3. By Fitum.h .
38
Grewalb' [Jradad to lossen.
[
Y djnavaZltya
V,,,e09 (1).
the balance and ending with tbat oE the poison shonld be administered
in heavy cases." Here the non-mention oE the (ordeal of) kosI a is
accountable by its mention even in connection with petty complaints,
in the text
'
: "The (ordeal of) kosI a maybe offered even in a petty
5 case." The meaning is that these four ordeals are allowed only in
caSBS for the amount of a thousand Pm.las or above, and not below.'
An objection:-Indeed the arde als of fire &c. have been
specified by Pitamaha even for ( snits for) less, viz.: "In the case
of a thousand, the (ordeal of ) balance should be offered, so the iron' .
10 (ordeal) should be given for the half of a thousand; for the half of
a half, however, the ( ordeal of) water,and Ear the half of that, the
(ordeal DE ) poison has been prescribed. "
The Answer:-Trne. In such a (however) the rule is
to be thus interpreted and applied: The text of Pita,maha is (to be
15 accepted as) applicable to such properties by the deprivation of which
there occurs a degradation, while the text of the Lord of the Yogis
3
is to be taken as referdng to other (kinds of) property. And,
moreover, both these texts apply to cases of thefts and violent crimes.
In the case oE concealment, however, a spacial rule has been pointed
20 out by Katyayana' thns :-" In cases where there is a denial of
payment, in such a case the quantity or amouut ( of the property)
should be determined. In cases of theft and assault an Ol'deal should
be administered even if the subject-matter bea trifle. Having
ascertained the quantity of the property oE whichsoever kind it may be,.
21) its equivalent in gold shonld be determined, and then with a gold
measure the ordeal should be administered, Having (thUS) ascertained
the amount ( equivalent) in gold coius,' for the loss of a hundred,
( the ordeal of ) poison hBS . been ordained; for the loss of eighty,
however, (the ordeal of) fire certainly should be offered. In tbe case
30 of a loss of sixty, the (ordeal of) water should be given; while for
forty the (ordeal of) balance. For a los8 of t'wenty or ten, however,
(the ordeal of) drinking of leos' a is ordained. The (ordeal of)
ricsis ordained for a 10ss of five and more or the haH of its half. For
.itB half cir the half of this half, however, the.heads of sons or the wife
1. Of Pit.mall . 2. i. e. the fire.
3. i. '. .. lkYI1,
4. VerBes 416-421.
Ydjiiavafkya J
Verse 99 (9).
oases oj Treason.
'929
should be touched. For the loss of a half of this or of its half again;
however, the means
'
of proof resorted to in this world have been
ordained. A king thus diECriminating does not fail in his religiou8 or
secular duties ( Dharma and Artlta )."
" Page 61. 5
In the passage' "Having ascertained the amount in gold coins,"
the term gold (coins) is indicative of the measure already mentioned
above' viz. "Sixteen make a gold coin." Moreover,
the word " loss" here is indicative of a " concealment." In the text'
"Never until the snbject matter is below a thousand should the 10
plough be allowed &c." the thousand of a copper paJ;1a should be
understood.
It may be said-Indeed these ordeals have been mentioned in
cases of sedition and other crimes, then what of the text' "never
until the snbject-matter is below a thousand should the plough be 15
allowed" 1 Anticipating this, the Anthor says
Yajiiavalkya, Verse 99 (2).
But in the cases of offences affecting the king, and
in serious charges, the parties should always undergo an
ordeal after having purified themselves. 20
:-In cases of sedition, as also in accusations of
beinous crimes, always, wit bout regard to the quantity or amount,
(the parties) should perform ordeals after having purified themselves
by fasting &c.
Similarly a special (rule as to) the place has also been 25
mentioned by Nf1.rada
5
: "Before the gates of the Court or of
the B,oyal palace, or in sight of a temple, or in a cross-road, must be
placed, fit'mly into tbe earth, after having been covered with
perfumes, garlands and unguents." 'Must be placed' i. e. the
1. ii!1fii;;p:r: as opposed to Worldly or buman.
2. p. 928 11. 3. AcMra .A.dbyaya Vsre. 363 p.623 I. 3.
4, Of yajn.valkya 99 ( 1 ). p. 927. 6. Oh. I. 266, 266.
&. Vlrnmitrodnya-Places jor Ordeals.
(
YdJiiaiJtllkYG
Verse {}g.
balance. The details have been mentioned by Katyayana
'
: "The
trial of men accused of heinous crimes should be caused (by an ordeal)
before the Beat of the God lndra. Of those who are accused of
having attempted sedition, the trial should be ordered to be beld
5 before the gate of the royal palace. For those boru of a connection
between a woman of a higher and a mnn of a lower cluss, the ordeal
ehould be administered at a place where the roads cross. In the case
of others than these, the ordeal should be offered in the court house.
This is what the wise tbink. Of the untouchables, or persons ; .
10 belonging to the basest class, of tbe slaves, of the of
persons guilty of heinou cri.mes, and of persons born of a Pr:atiloma
2
:connection the trial shall never be before the king. In case of donbts,
the ordeals known as ordained in eacb case should respectively be
administered."
15 Here end the Rules of Procedure a,bou t the Ordeals.
Viramitrodaya.
By regard to the amount of money in particular cases, the Author
states particular .ordeals
Yajiiavalkya, Verse 99.
20 In a dispute for a debt &c. for Isss than a thousand pa1flas, not
the plough, nor the pOison, nor either the balance should one administer.
'in caseB of offences against the king' i. e. in
cbargss of treason against the king; s'uchaya!h 'after having purified
themselves' i. e. when they have cleansed themselves by bathing, &c.,
30 an ordeal like the ploug1., &c., they should undergo'.
By the use of the word tatM, 'also', is added that water should
not be administered. By the word cha, 'and " are included the sdhasas.
So also "Now abont the performance (of ordeals). In cases
of treason against the king, and in saT.asas, according to the option.
35 In cases of deposits, "nd tbefts, tb. amonat. (involved) is the mellenre."
1. Vers., 434.
2. A PratiZoma connection is f1 union between a man of a lower, with a
woman of a higher class, its converSe is called the Anuloma; Bee yajn.
Aeh ... IV 90-96; pp. 241-261. .bove.
3. Oh. IX. 1-3,
Y d.;navalltya J
Verse Of}.
Virnmitrodoyn.-Stalldardi:Jaiioll of guilts.
931
' covenant', i.e. the ordeal, 'according to the option', i.e.
in pursuance of the king's wish. .
Katyayana
1
: "Where It gift is denied falsely, there the
amount' (involved) should be determined. In the case of theft and the
BahaBas, an ordeal should be given even for small amounts." 'Even fa, 5
small &c., the meaning is that in thoBe petty casee of debts, &0., where
an ordeal does not exist, even for thoes amounts in cases of a theft and
suhasa, an ordeal is prescribed.
Brhaspati': "The (ordeal hy) Poison, when a thousand have
bsen stolen; when a quarter less, the fire, (ordeal); when less by a 10
third, the (ordeal by) water, and when a balf is stolen, tbe balance should
always be given. When however tbe accusation is for It four hundred,
the heated sbould be given; for a three hundred, the rice sbould
be given, and the koaa for It half of it. When a hundred haB been
stolen or falsely denied, the trial should be by the (ordeal of) Dharma. In
For a cow-thief should be given by the counoillors the purification by
(the ordeal of) plough. Theee figures are in tbe case of persons of lowest
degree; for (persons of) the middling (kind) has been stated to be the
double; aOlI four times for Lhe highest should be detsrmined and
administered by the Judges." 20
"In all money-trans.ctions gold shall be regarded as
the standard of value (4) ...... " Similarly, if it be less by n half of gold
(KrisbIfala), the kosa should be offered to Sudr.. For more than
that, the Balanco, Fire, Wale,- or Poison, according to tbe value. In
one of double value the ordeal of oath as dsscribed before for a Vaisya; 25
for treble value for one of the kingly tribe, and for the quadruple
value for n Br!llfmalfo. Not for a Bralfmalfa should the kosa be offersd,
excepting for creating confidence o.s part of an agreement to be
performed in futnre (16). In tho place of a !wsa a may be
made to take an oath only with (n clod of) eorth dug up by a plough (17). 30
In the case of a person with a previous conviction, even in a matter
of a small value, one of the ordeals alone should be administered (i 8).
For one wbos, good character is well known among good men, not
even in CaSS8 of large values. (19)." 'Excepting,' &c.'- Whore an
ugreement has been made viz.: "We 1\11 jointly shall do this", excepting 35
1. VerBe 416.
2. Meaning thereby thn.t the question whether an ordenl should be
given and if so which variety, would be determined after ascertnining the
amonnt involved. 3. Oh. X. 9-12.
4: Oh. IX. 4 ; 10-19 ;
o. in Butra 16 above.
932 Virnmitrodnya &; applicable to debts a1Jd dOllaliUnSo[YdjilaUaZkya
Versll [19.
'that . There, however, even for the leos'a may be given.
Plough i. e. the furrow of an anchor.
Katyayana
'
: "Mter knowing the extent of all things, gold
should he fixed as the standard; anLl the ordeal shonld be presented
5 according to the gold standard. For a loss which leaves a residue less
hya quarter, the POison and t.he Fire is observed tbere; the Water,
where the lOBS is less by " third port; for half of a bundred, the Balance
has been stated; the drinking of the Kos'a water, for its half, or for
tenth, fifth, a seventb, or for half of that, the rice, and for half of that
10 the heated 'or. hundred of goldless thau by a quarter', i. e.,
seventy-five gold coins; 'leBs by a third part', i. e. a third part of
a hundred gold; 'its half' i. e. half of .. hundred, 'for tenth, fifth,
,eventh, i. e. for a tenth part of "hundred, fifth part, or a seventh
port,-the drinking of the KOB'a water. This is the meaning. Here,
1:5 moreover, .the small proportion is in regard to the lower classes.
Vrdha Manu: "Having ascertained the quantity in gold, for the loss
or" a hundred, tho Poison h.s been stated; for the loss of eighty,
however, should be given the Fire; when the loss is of sixty (gold),
Wat,, should be administered; for a forty, shall be the Balance. For
20 the lOBS of thirty or of ten, prescribes' the drinking of the
Kos'a; for the loss of five, or a half or of its balf, the Rice".
'Thirty &c.' i. e. for the lOBS of thirty or for the loss of ten. 'Five' &c.
of the half a five or of its half or for the loss of one, the drinking of the
Kosa water. This is the meaning.
:25 TbeBe texts are in reference to dehts &c. as .lso in regard to
30
thiugs given away. The text of the Author, however, is in reference to
one who commits theft. Thus there is no contradiction, so they say.
Here end the Rules of Procedure for Ordeals.
S'filapalfi.
Yajfiavalkya, Verse 99.
In an accusation for a thousand only shall be an ordesl by fire &c.
'in regard to king', i. e. in charges of treasor, against the king
&c., and also in sccusations for heinous sins, after being purified by a
bath &c., they should carry fire. Brhaspati': "Poison, when a tbous"nd
35 has been stolen; for a quarter less, the fire; when less by a third, the
water; and for a half, the balance, should always be given. When the
1. Verse 417. 2. X.9-12.
Jtajnavalkpa ]
Verses 100-102.
9
rio
i")
accusation is for a four hundred, should he given the heated
for a three huudred, the rice should be given, and the kosa 'for a
half of it; when a hundred is stolen or also falsely denied, the.
purification by Dharma ehould be administered. For a cow-thief should
be given by the councillors the (ordeal of) plough by all efforts. 5
These figures are for the lowest; for the middling, the double has been
stated; and four times for the best should be fixed by the judges".
'For the lowest' i. e. by caste, occupation and qualification. (99) ..
Thus ends the Ohapter on tbe Procedure for Ordeals.
Having thus stated the rules of procedure applicable to 10
all kinds of ordeals, the Author now meutions the process of
administering the ordeals of the balance and others
Yajiiavalkya, Verses 100, 101, 102.
When men versed in holding a balance have seated
a party therein, weighed him against an equal weight, 15
marked a line, and caused him to descend, (100)
"0 balance, thou art the abode of truth and wert
created by the gods in the olden times, therefore, 0 auspi-
cious one, speak the truth, free me from suspicion. (101).
0, mother, if it be that I am the sinner then carry 20
me down. If! am pure, carry me upwards ". Thus should
he invoke the balance, (102).
:-Those who know the holding, dharal}am,
i. e. the weighing of a balance, i. e. the gold-
The adminis- smiths and others, by these pratimanena, by 25
tration of the means of another measure, e .. g. clay &c. sami-
balance and other bhiitap, having been weighed against an equal
ordeals. weight i. e. having been made eqnal (in weight),
and, tulamas'ritap, having. been seated i1l the
balance, i. e. seated into it, the party, i.c. either the defendant or the 30
complainant, rekpam krtwa, having drawn the line, determining
the ordeal, i. e. having, by means of a white chalk, drawu a mark
round that side of the balance wherein he was seated in the position
of an"equilibrinm, aud, a vata.ritap, having been made tlf"-descend, _.-
'lTlw :i.I[alltra.
[
; Y4filaVaZltya
Verlles 100-102.
tulii.mabhimantrayet, he should innolce the balance, i. e. offer a
prayer to the balance by the following mantra, viz,-" 0 balance, tbou
art the seat of truth, (aud) purl'L, in olden times, thou wert, devai\l,
b:V the gods, i. e. by the Birm.lyaga,bha, and others,
5 created, i. e. manufactured. Tat, i. e. for that reason,.
Wada, speak, i. e. point out, sat yam, the t"uth, i. e. the real
nature of the matter in dispote. 01., kalyal)i, a!lspicious, i. e. good
one, vimochaya, free me from this suspicion.
Matar yadyaham papakrt, Oh mother ifU be that 1 am the sinner,
10 i.e. am telling an untruth, ta to mam twam adho naya, then you
should carry me down. If, however, s'uddhah, I am pure, i. e. am
telling the truth, mam urdhvam gamaya, carry me upwards."
15
20
25
30
The form of prayer for the Cbief Judge for addressing the
balance has been laid down in other The present mantra,
however, is for him wbo performs the ordeal. Tbe test of a SDccess
or a defeat is, moreover, obtainable as being indicated by the mantra
itself, and so has not been mentioned separately.
The constrnction of the balance, however, having for its object
the seating of the party (with it), has been lucidly described by
Pitamaha, Narada and others thus:-
PaD'B 62.
"
y 4.;nat
1
aZlcya J'
Ver8es 100-102.
of tho balamJlJ.
935
two suspenders of clay, sbould be prepared, hanging downwards
from the arches suspended by ropes and touching the head of the
balance. A firm balance facing towards tbe east should be erected on
a holy spot, two scales should be f.stened to the sides of both (the
posts ), and the ( blades of the) darbha grass should be placed in both 5
the seats with their ends turned towards the East. In the scale
towards the west should be weighed the parties (performing the
ordeal), and in the other pure clay. There (i. e. on this side) he
should place a basket and fill it with bricks, stones, and sand. "
Here, however, there is an option as to the selection of clay, 10
bricks, stones, or sand.
"Persons should be appointed as judges who are well-versed
in the weighing of balances viz.: the grocers, the goldsmitbs, as also
the bronze-smiths. Tbe Judges should always make the balance even
and in a line with the suspender, and the wise should place water over 15
the balance; that halance should he considered as even wherein the
water does not move. "
., Having first weigbed tbe man and after baving got him
down, tbe halance should alwaY5 he kept adorned with buntings and
flags, and then one knowing the mantras should invoke the gods BS 20
described in tbe following procedure: Thereafter tbe Chief Judge
with the flourish of music, with his face towards the East, and with
folded hands bearing fragraut odours, flowers, and besmearings,
should repeat the following (prayer): "0 God Dharma, come, 0, come,
and be seated in this ordeal accompanied by the Guardian Deities at 25
the quarters and by the groups of the Vasus, Adityas and Maruts. "
" After having invoked the God Dharma' ( to be ,eated) intbe
balance, thereafter tbe ( other) parts should be distributed
(as follows): Having seated lndrs in tbe East, and the Lord of
the Dead in the South, Varm;la in the portion towards the West. and 30
Rubers iu the North, he should seat Agni and other Guardian Deities
of the quarter in the parts in the corners "
"lndra bas the yellow colour, Yams the blue, and the colour
of Varnq.a is like that of sphaliTca stone. Kubera, moreover, has tbe
1. Law or the Deity presiding the Law.
39
936 MltA.-The T'asUlIj Adityaa, RudraB, MarntB alld the lTIoUj()f' Deities. [ YdJilavalkya
VllTBB8100-102.
lustre oE gold, aod the god oE Fire also possesses the golden hue.
Similarly the is known to be blue and Wayu (the god of
wind) smoky. Is'ana is, however, red. 'Thus should all these be
contemplated iu the order ( mentioned above ). "
5 " A wise mau should worship the Vasus on the southern side
oE Indr". Dha"" Dbruva, aod simila1'ly Soma, Apa, Anila, Nala,
and Prabhata, are known as the eight Vas us. "
., Similarly the group of the Adityas should be placed between
tbe Lord of the Gods and the l's'ana. Dhata, Aryama, and Mitra, so
10 also, Varu,lal;J., Al)s' U\l and Bhagal;J., likewise Indra, Vivaswfin, and
r
and Parjanya known as the tenth; then and then I
not the last thougb born of the last,' these are the twelve
Adityas described by their names. "
" The point towards the west oE Agni is known to be the
15 place for the Rudras, Virabhadra, S'ambhul;J., Giris'a oE great fame,
Ajaikap5.d, Ahir-bhudhnya, Pinflki the never-defeated; so also
Bhuvanfldhls'vara\;l, Kapali, the lord of the people, Stbal)up., Bhaval;J.
and Bhagaw:ln are known to be the eleven Rudras. "
"Between the Lord of the dead and a place shonld be
50 assigned for tbe Mother Deities viz.: Brfll;J.mi, Mahes' wari, and
also Vflrfihi, Mahendri, and ChflmuJ;l4fi accompanied by the
bands of the followers. "
" The poiuts to the north of is known to be the place for
GLil)eS'a, and the place tor the Maruts is said to be at the northern side
25 of Varul)u; Gagaoap., Spars'ana\;l, Vfiyul;J., Anilap., and also Mfirutap,
Prfll)ah, and the two viz., Prat:re.'a and Jiva are known as the eight
Maruts. A wise mau should invoke the goddess Durga at the
northern side oE the balance. "
"Tbe worship oc these deities is however known to be by
30 ( repeating) their own names. Having offered' worship to the God
Dharma' commencing with the Rrghya aod ending with decorations
1. i. e. the l!Lst order, or the RudraB of. " {eJ'ef
"_ I 0l'l"[;;;t{J II G<J'l(J:a 1. 6,5. )6.
2. The principal deity !l"I'lil:"<ltillthis ritual. ,
y'd;'navallcya ]
Verlltl8100-10fJ.
of the deitiell.
&c.; thereafter a Eimilar worsbip should be offered to the otber'
deities viz. commenciug with tbe a?'[}hya and ending with decorations
tbe service should commence with gandha (sandal-paste) and end
witb naivedya. "
937
Here, moreover, having duly constructed a balance adorned 5
witb buntings and flag", and having invoked thereon the God Dharma
witb the hymn-" Come, 0 come &c. ", and
*Page 63. with the formala, "I offer tbis Al'ghya to Dharma;
bow to him, &c. "having offered m'ghya, padya
and water, madhuparlca and water again, a bath, clothes, the sacred 10
thread and the water ending with the offer of the crown, the bracelets
and other ornaments, and then to the other deities commencing with tbe
god lndm and ending with the goddess DurgiL, with the repetition of
the (i%) at the beginning' of the name of eacb deity and with the
dative case at the end, and having offered worship to tbem commencing 15
with the arghya and ending witb decorations, he should then offer
to the god Dharma the grmdha (sandal paste), flowers, burnt perfnmes,
light, and the Naiuedya, and then should offer as before to the god lndra
and others the worship commencing witb the gandha. The sand.1 and
flowers for the worship of the balance should be (of a) red (colour), as 20
says Narada: "With tbe red sandal paste, red flowers, cnrdled milk,
fried puddings, the rice grains &c. first (be) sbould offer worsbip &c. to
the balance and then he shonld do hononr to the respectable (people
present there)." Of lndra and otber god a tbe worsbip may be
(offered) with red or other flowers snch as are available (at the time), 25
as no special rule has been mentioned. ThuB should be the order of
worship.
All this, moreover, the Chief Judge shonld do. As has been
suid': "Then the Chief Judge, a who has completely
mastered the Vedas and the Vedangas, who is accomplis bed by his .!l0
learning as well as his conduct, whose mind is calm, and who is free
from feelings of jealousy, who is the essence of truthfulness, who is
pure, and who is watchful and devoted to the welfare of all beings,
1. i. o. the secondary or subordinate deities In every performance
there is n. tJEI1$rrT the principal Deity and the rest are accessories,
2. This oj &c. 3. By,Nihad .
938
oj oblatiom.
[
Ydjnavalkya
Verses 100-102,
who has observed a fast and who after cleaning his teeth has worn a
clean cloth, shonld do worship to all the deities as prescribed by the
ordinances. " Moreover, a sacrifice shonld be offered in the Lau1cika
fire by tbe four in the fom quarters, as is said
t
: "Similarly
5 a sacrifice should be offered in the four quarters by those who have
completely mastered the Vedas, by means of ghee, and holy articles
of sacrifice, and with the samidhs which are the (usual) means of a
sacrifice, hy repeating the Savitri and the PraJ;lava mantras with the
words 8wi'ihi'i at tbe end of each." The meaning is that each of the
10 three articles viz. the samidh, ghee and the rice should be offered
108 times each with the repetition of the gayatri with the pra1}ava at
its commencement and again with the addition of the prar,ava at the
end after the offer of the oblations with the words 8waha.
Thns having performed the worship of the deties with the
15 oblations as the last, thereafter, having written on a leaf the subject-
matter of the dispnte, it should be placed on the head of the person
wishing to perform the ordeal. As has been said: 2 "Having
written on a leaflet, wbatever is the subject-matter of the accnsation,
it shonld he placed on the head with (the repetttion) of this mantra."
20 The Mantra, moreover, is this: "The sun, and the moon, the fire,
the wind, the sky, the earth, the water, the heart, the god Yama, the
day 8S well as the night, and the two evenings, and Dbarma, each
one knows the action of men." Moreover, the part of the
ceremonial commencing with the invocation oE the Dharma aud
25 ending with the placing oE the leaf on the head, is common to all
the ordeals, as has been said: "The whole oE this ceremonial
preceding the Mantra should be observed in all the ordeals;
similarly should be observed the invocation of gods."
Thereafter the chief Judge should invoke the balance, vide the
30 text:' "One knowing the Sf1,tra should also invoke the balance with
this formula and the mantras also have been indicated viz.: ." 0
balance, you have been created by the Creator Ear testing the sinEul.
From the letter dha (in your name) you are the incarnation of
Dharma; and since Erom the lelter ta in your name you determine a
1. By Pit'Il!oha. 2. By NArada,
Ydj'ilavallcya ]
Verse.y 100-102.
invocation. to .the balance.
939
guilty individual when he is weighed (in you), therefore you are
known as the DMtta. You know the sins as well as the good
deeds of all beings. 0 God, you alone know those things which
mortals do not know. This man who has been accused in a judicial
proceeding wishes to establish his innocence; therefore, 0 Lord, you 5
should be pJeased to save him from this suspicion according to the
rules oE Dharma." The person wishing for an acquittal however
s1jould invoke the balance with the mantra given above viz. "0
balance &c." Thereafter tbe chief Judge shall place in the balauce
the person wishing to perform the ordeal, and having placed on his
head tbe leaf, and after seating him in his proper place; vide tbe text: 10
"Should again be seated in it, after having placed the document on
him." And while so seated he should be made to sit in that
condition for an interval of five "illtirfis
'
; one knowing the science
of astronomy shoulrl determine tbis interval of time, vide the text
2
:
"One knowing astronomy and whn is the best of should 15
determit:e the interval of time; the interval of five viniirf!8 should
be determined by tbose who are experts in determining time.
The intervel required for pronouncing ten long letters is known
as a pra1.1a; six pra1Jas make a vinadi. It bas also been
said: "( tbe interval required for pronouncing) ten long :0
letters is called a prfh.'a, six pralJas make a vinddi, sixty of these a
gha{i, and of sixty 9halis is said to be made a day and night." With
30' days is made a month.
During this interval, moreover, pure men should be appointed
hy the kiug for determining the acquittal or non-acquittal, and these 25
will declare the acquittal or nonacquittal as has been said by
Pitamaha: ., Among the umpires the best Brap.mat;las who would
depose only such as bas been seen by them, who are wise, pure, and
who are not covetous should be appointed by the king. Umpires
1. Tq'flir see further on, a mensnre of time equal to 1\60th part of a
Ghnti-24 Seconds.
2. lRlli1I>r:-ljf-the ,ky-O, & nnd according to tbe general rule
3lOii'Ffr <nqri'r rrm:; this clln be written ns 30.
3. The by which this figure of thirty is arrived at, i., eXl?lained
Q.bove.
9.40
re8tdt of the ordeal.
[
YdjiiavaZkya
Ve-rscB 100-102.
of (such a) high character will then inform the king of (his)
innocence or non-innocence.
The condition for determining the innocence or noninnocence
bas, moreover, been laid down' thus: "If, on
5 Page 64. being weighed be rises, he is undonbtedly
innocent. If his weight remains the same as
before, or if be goes down, he cannot be acquitted. "
As to wbat has been said by Pita,maha :-" One who will
show an equal weight is gl1ilty to a small extent, while he whose
10 guilt is large, goes down. "-there, although the smallness or the
largeness of the matter under complaint cannot he. determined by
an ordeal,
2
still the smallness or largeness of the punishmen t would
be determined thereby-vi:; the (punishment) would be small if
the act is done only once or unintentionally, while it would be
15 great if the act is repeated more than once, or has been committed
intentionally.
When, howeover, without any austensible cause, the scales
&c. burst or break, even then, there is a nonacquittal vide the text';
" Should the base burst, or the scales break, or the beams or the
20 hooks split, or the strings burst, or the transverse beam break, a non'
acquittal should similarly be declared (as stated before )".
Kak$ha is the base of the balance; the two Karlcatas are the
two ironbooks slightly bent, fixed at the two ends of the balance to
support the scales and resembling the thorns of EI crab
25 The Ak$ha is the piece of the beam to be placed on the two base'pillars,
for holding the balance. When, however, these break on account
of a cause which is ascertainable, then he should be placed again,
"ide the text: " In the case when the scales &c. burst or break, the
man should again be placed."
1. By Numda. I. 283.
2. i. 6. the same having already been stated in the leaf placed on the
mD.u
'
s head.
3. Narada. I. 284. The text actually to the found in the edition of
Dr. Jolly is, however, quite the opposite of this: the last line there bei"ng
JIIifrf: sho.ll pronounce a formal declarabion a his innocenge,"
Kityayana, suggests a re.trial, See Verse 440,
yejnavallc:l/a ]
V6rses 100-102.
oS:. Viramitrodo.yn-Thc 'BalanclJ howUJ '.
941'
Tbereafter "Tbe king should please tbe J1,twi1cs
'
, Purohitas,
and tbe Acharya by means of dak$hil}as. A king causing these to be
made in tbis manner, after having enjoyed (all) the pleasures of
enjoyment, obtains great reputation and is entitled in the end to
absolution." 5'
When, however, the king wi.hes to maintain in the same
condition and permanently the balance as described above, then he
should build a house for it in order to protect it from damage from
the crows &c. vide the text': <, A balance-house should be erected
which should have a wide space, which sbould be high, and be white- 10
washed, and its should be so situated where the balance (when placed,)
would not be damaged by dogs, or the chan4dlas, or crows. There
also he shonld cause to be (invoked and) seated in several quarters
tbe guardian deities of the quarters aud other dieties, and should cause
their worship to be made there at the three cllanging periods of the 15
day by means of aandal-paste, flowers, and (other) unctions. He should
have it protected by doors, store seeds therein, a,nd have it watched'
by the guards, should cause eartb, water, and fire to be placed therein,
and should not allow it to remain uuattended
3
". Seeds i. e. of
barley, rice &c. 20
Here ends the Ordeal by Balance.
Viramitrodaya
Thus, having stated the procedure applicable to all ordealB, now
the Author st,.tes upto the snd of t.he Uhapter the special rules of
Procsdnre for each of the ordeals viz. Balance and the rest. 25
Yajilavalkya, Verses HlQ, 101, 102.
Thoss who .. know the boldiog i. e. tbe balancing of the Beales
euoh as thegold"miths &c. by these,Leh1lya>r,', 'a writing' Buch as '1 did
not commit tbeft' and of a like natnre, having placed on the head, and
1. A I;?tziJik iE! the hen.d=-priest at a sacrifice; [t PU1'ohita io the horId
family priest; and an Acha?'ya is one who imparts instruction in the Vedic lcre.
[8eeYajn.: 1.3435 pp. 126-127 above (Vol. I; Part I); Mann. H. 140-143.]
2. Of Pit.maba,
3, i. e. the plaee should not be left desortsd; a guard should always be
pheed to protect the machinery and to help its being kept in tnct.
4. <giCfT. The Mitalcshara reads r{.qf wrEfl, and SUlapa'fli etc. pre'ferto
have the same reading. Visu.a:r-upa.rends but interprets it similarly
as' the
942:
VirnmttrodaYll-The ProGtldu,rc.'
[
YdjiiavaZloya
VerllilB 100-102.
as against a counterpoise, equalised and so placed in the balance, the
person complained against i. e. tbe performer of the ordeal, aod haVing
been made to descend into it, with the invocatioo, "( free) me &c."
he ehould add res, the balanoe i. e. On the day of his being seated, he
5 should pray with this.mantra
l

On tho second day, moreover, if the person balanced incsease
i. e. goes higher up the equipoised weight in the other scale, then he is
(deplared to be) exhonerated i. e. is clearly found to be not amenable to
the accusation i. e. there would be no longer any suspicion of a cbarge ;
10 if, however, he is found to be equal or lower than the counterpoi,e, then
the performer of the ordeal shall not be regarded as exhonerated; he
ehallbe deemed to have been defeated. This verse viz "Weighed &c."
iestated in the Mitii:k!hara in the name ef Pitamaha.
15.
20
The explanation of the mantra is, moreover, aR followe:
"0 balance, you are the abode i. e. the place; of truth; by the gods
i. e.by Br!1lfmt1 &c. formerly i. e. in the fi"t creation, you were created
i. e. produced; therefore i. e. for that rea;on, 0 auspicioU3 one, speak i. e.
point out the truth, i. e. according to facts; and from this suspicion
free mo."
" 0 mother, if I am 11 sinner i. e. am speaking an untruth, then
i. e. in that case lead me down; if I am pure i. e. am speaking the truth,
then carry me upwards;"
Here, after the manner of the (mah{Lddna) 'Prime donation' of
a Weighment Deity including a little more in partidular
matters in the balance sa prepared On the day of the weighment,' after
the writing of the statement Bolemnly declaring the .. beenee of any
Cllue8 for the cho.rge against him, and after writing the mantra,
"The Sun, the MOOD, the Fire, the Wind, the Sky, the Earth, the
1. llfitramiSra reads fifter versa 100 the following verse
'11i<r l'lml": <m;;r ti,"lf: I <rl\i 'II "llflJI'lT 'If if l'l'!lil "if;;r,: II." w hioh he says that
the-- author' of 'the l1fit"dlc
v
hara, has nasi gned to Pitamaha, while ViSvu1'upa citss
it as a text of Na"aq,a, in whioh Smrti aJso it is ,toted at Oh. 1. 283. As
n. matter of fnct} however, VijnalltJsval'a does not mention any writer; he
simplY says, 'it is stated'. The Smrtichandtiha aha quotBS it as a tex.t
p. 110; 1. 3.
2. out at details in the Dana },fayfi.kha with an extract
from the' GarUtfapuroil.ta: The object stll.ted is the removal of all kinds of diseases
Bee al,o Balambhapti Achilra. P. 486.
3. Lit: On the aay of his being placed in the balance; 'gpllfl'liii"RliqOi/
YrijJi':J,vaZitya l
Verscs 100-102. J
Viramitrodayn &. S"ulapu.!,li - AitcI' the -C01l8(JCI'atio11.

:...\::': - ,
Watar, tha haart, and tha God Yama, the day, and alao tha night, and tha
two evenings, ea.ch One knows tho act/ions of' men 8ll(i the- Dh81'ffi./l,n.,;
and aftar placiog that document on his head, tbe Ohiaf Judga should
canse tha parformer cf tbe ordeal in the balaoce "ftat' it. is counterpoised,
with the repetition of the invocation mantra; and on the next day after the j
completion of the daily performanca" with r"ce towarde tha East with
folded hands, invoka the G.)dH in tha balanca with the mantm as sat out
before, viz., "Oome, 0 coma tbou the revarad Dharma". Thereafter be
should parform the worship of tha Gode as stated by Pitamaha, as follows:
[ Here follow the eams verses as are set out above iu the Mitak,hara 10
at p. 935 I. 29. as far ae p. 937 1. 4.]
Then sbO<lld be offered by four Rtviks veroed in the ,. edas oblations,
each of the sa'lJlidhS
j
gkee, and cooked 'rice, commencing with the
the Gayatri and ending with the Praf'ava lInd the word swdM., on the
four sides of the balance in the La"kik" fire. Then the Uhief Judge 15
should address the Bl1lance-There the mantras are tbesa (sea ahove
p. li38, I. 31 to p. 939 I. 7). 'rhen the Ohief Judge should
place thaparformer of tha ordaal with t.he written document on his haad,
on the balance for an intarval of five Vinddis. A Vinadi i, dafined thu,:
"Ten long letters make a prft'l}a, and a vinllq,iha. 20
Thareafter ana who goas up, the king" meseangers should declare him to
be innocent and exhoneroted. Thi, is in ehort the substance. Here the
maasurement and the word for tha
been out. of faar of prolixity.
statament for Mahadllna. (100-104).
bal.nce and other details have not
These ,bould ha sought for in the
s'ftlapaJ;li.
Yajiiavalkya, Verses 1QO, 101, 1(:)2.
"',
25
Men conversant with holding the balance such as tha grocers &c.,
after having equipoised the person complained against by means of
stones and such lika counterpoise, and when thus. equipoised by the 30
counterpoise, should mark with a white line the scale adjusted by..\he
fall of strings, and after the person is made to get into it, he should
repeat this Mantra.
Narada': "After having well fastened the two scales hythe
hooks of the beam, he should place the man in one scale and the stone 35
in the other; should place the person in the northern scale and the stone
1. is the reading in Vi1ami.t1'odaya for ''o:Ttllll' in the !llitiikhara.
2. Oh.1. 271-272.
40
944
[

Verses 100-1 03.
in.the other, in that towards the south; there he should fix a basket with
bricks, sand, grains, and balls".
The meauing is that hs should address the scale with the mautra.
"Thou 0, Balance, you are the abode of truth". Here the success or
5 defeat should be inferred from the indication of the balance going up or
down. So Pitamaha: "When weighed if he is (found to have) increassd,
he becomes exbonerated according to (Dharma) law. If he goes down,
he is not emonerated according to some; if equal, he is innocent. One
with a small guilt is equal; but one whose guilt is great goes, down. By
10 the preponderance of Dharma and its power, one who excels (in weight)
is declared pure", By saying "according to some''. is meant that he
should be examined again. So B.haspati': "If the person complained
against wheu weighed in a balance goes down, he shall be declared
guilty; if, however, he remains equal in level, he may be weighed again;
15 . one who goes up shall be deolared to be successful". Vyasa:" One
who goes down is not declared to be innocent; one who goes up
is declared pure; one who is leval ie also not considered to be pure; this is
the rule about purification'. "Should the scales break or the beam or.
the bolts break, Or the strings burst, or the transverse beam split, the king
20 shall administer the ordeal again". By the expression' he is not declared
innocent' is meant that he shall not be deemed to have succeeded, not that
he is defeated". (102).
Thus ends the Chapter regarding the Balance.
The Ordeal by Fire.
25 Now the Author describes the OrdBal by FirB coming up in
its turn
Yfijiiavalkya, Verse 103.
After the handB of one, by whom rice :paddy have
been rubbed, have been markecl, seven leaves of As'vattha
3
30 should be:placed on them, and as many (rounds of) threads i
should be coiled around.
1. Oh. X. 19.
2.0. Narada I. 264. According to Narada, however, a fOlmnl
pronunciation the innocence is recommended, while according to this text
a Ie trial is ordered. .
3. Known The Ficus Roligiosa.
Y4inavalJ.,"ya]
VersG 108.
MiUk!bnrft-Th, OrdeaZ of Fire.
945
:-With the general rules of procedure laid
down . for ordeals having been complied witb, aud after tbe
ceremonial commencing with the invocation of tbe God Dharma and
ending witb tbe placing of tbe document on tbe head, as described in
the ordeal by balance has been gone tbrough, this .pecial rule (of
procedure) is laid down in the case of tbe ordeal by fire.
Vimrditavrihi, (one) by whom rice paddy have been rubbed,
i.e. one by whom baB been rubbed i. e. preBBed, the rice paddy with both
(the palms of) hiB hands, Buch a one is called vimr:ditavrihi. After the
karau, hands, of bim have been marlced, i. e. marked, 10
with tbe juice of red lac &c. thoBe parts bearing a spot, a curl, II Bcar, or
a COfn &c. aB Bays Na.rada': "All Bores or ScarB on hiB hands Bhould
be marked with signB'." Thereafter SaptiLs'watthasya parl).a.ni,
seven leaves 0/ Aswattha, nyaset, should be placed, on two handB
joined together, vide the text': "Having covered his two handB 15
joined together with seven As'wattha leaves of equal size." These,
moreover, together witb the hands should be coiled
round, with thread, as many times as there are the Awattha
leaves i. e. the meaning is tbat it should be coiled in Beven founds.
Tbe tbreads, moreover, should be seven and white, t,ide tbe text 20
of Na.rada: "The two hands Bhould be covered round by seven Btrings
of white thread. " Then seven leaveB of S' ami, also seven bladeB of
the DfJrwa' grasB, and the rice akhatas, aB also rice beBmeared with
curds, (all these) Bhould be spread over the leaveB, vide the
text: "He should spread Beven pippala leaves, the 8' ami leE.ves, aB 25
also the rice, Beven blades of dfJrw(i grass, and rice beBmeared with
curd B." Also Bhould the flowerB be Bpread, vide the text of
Pitamaha: "Seven leaves of As'wattha, the rice, the flowers, and
curds should he placed on tbe two (palms of the) handB, and then the
same should be coiled round.' Sumanasa(!, means flowerB. Although' 30
there is a text viz.: "He Bhould be considered pure who remains
1. Oh.1. 301.
3. Of
2. A W1'!'lli is the same as a 'l'1'li"!'f, 'the sign.'
4, The Gynodon Daceploll,
946
S'ulnpl.l.li & the hallds.
(
Yd,jflava1kya
Varsfs 103-104.
5
10
unscathed at the seventh step while bearing the heated iron in his
hands covered with seven leaves of the Arka'
'" Page 65. tree", still that should be understood as meaning
that the arka leaves Bre to be taken in the
absence of the As'waltha leaves, as the importance of the as' waUha .
leaves is inferrable from tbe text of Pitiimaha in praise thereof
viz. :-" From the Pippala tree fire is produced, the pippala is known
as tbe lord of trees; hence a wise man shollid spread its leaves on
the hands. "
S'illapalfi.
The Author states the ordeal hy fire .
. Yajnavalkya, Verse 103.
If the hands have scars 01" sores on account of the crushing of the
paddy grains, theBe should he noticed and in those places of Bcars, marks
15 should be made with lac drops. So Narada': "On all eCars and sores
on the palms of the hands marked previously .......... after placing seven
leaves of the pippa/a tree, should encircle with seven strings." (103).
Tbe Author now mentions tbe mantra invoking the Fire to
be repeated hy the person performing the ordeal
20 Yiijiiavalkya, Verse 104.
"0 Fire thou llervadest the innermost llarts of all
created beings, you are the llurifier. 0 omniscient, declare
like a witness, the truth about me from my virtues and
sins."
25 :-Agne twam sarvabhUtanam, 0 fire
you, of aU beings, i. e. the viviparous and oviparous animals, the
insects born of sweat, as well as the plants from sprouts,
antail, in the innermost recesses, i. e. inside their bodies, charasi,
pervadest, i. e. remainest there as the digester of all food and drink
30 nsed; Piivaka, purifying; i. e. the purifying cause; kave, (0)
Ommicierlt, i. e. knowing all, sakshivat lluDyallallebhayail
1. The Calat"opi, Gigantea. 2. 01. V. SOl.
S. \'l19U: Manu 1. i6
Y d;nat1aZkya ]
Verse 104.
to tho Fire.
947
sat yam brilhi, declare like a witness the t"uth about me from my
virtues and sins. The ablative case in the expression pUlfya-papebhya\.!
is formed by dropping the The meaning is that having observed
my virtues and sins, 'peak the trnth (abont me).
When the iron ball is well heated by tbe three fires and after 5
it is brought out by means o a pHir of tongs, the person desirous of
performing the ordeal standing in the western enclosure with his
face towards the east, should invoke the Fire by means of this
mantra as says Narada': "An iron ball fifty P&las in weight,
having been made fiery, and redhot, and after it has been 10
heated thrice, thns should one address it in the language of truth."
The meaning of this is: In order that the iron may be purified, the
iron which has been well heated should be throwu into water,
and again heated, and again thrown into w8ter, and heating it a t.hird
time in the fire, and having then brought it forth by mean' of a 15
pair of tongs, the performer (of the ordeal) should address it in the
language of truth, i. e. containing tmtbfnl words, with the mantra:
<; 0 fire thou pervadest all created beings &c."
The Cbief Jndge, however, having kindled the fire called
Laukika
3
, towards the southern side of the enclosure, should offer lOS 2)
times the oblations of ghee witll the mantra :-" This is being offered
to fire the purifier ", vide the te.vt: "The (oblations of) ghee a 108
times. " Having offered the oblations, and having thrown the iron
ball into the fire, while the same, lying there, is being heated, he
should perform the ritnal described before commenciog with the 25
invocation of the God Dharma and endiog with the offer of oblations,
and while the ball is lying heing heated the third time, he should
adrlress the fire in the (heated) iron ball by tbe following
"0 Fire, thoLl art the fOlll' Vedas (themselves incarnate). and
to tbee are oblations offel'ed in sacrifices. ThOll art the mOllth of 30
1. i. e. the gerulJdial1f in '=If!\-lf. Instend of the fuller claui!e It hllvlng
Been my viltues &c," the construction is "from my virtues and sins."
2. Oh. I. 288-290.
3. i. c. ordinnry; as distinguished from s}lecia\ fires kindled on specin.l
OCCn.Sl-01.l.S,
5
94.8
&. procedures.
[
Yiljil.avaZkya
104-105.
all gods, thou art (also) the mouth of the philosophers. Being in the
abdomen of all beings, thou knowest all their good and bad deeds.
Since thou puri6.est the sins tbou art called 'the purifier'. In the
caBe of BinB, 0 Fire, exhibit thyself i e. appear in flames, 0 thou
holy purifier I while in the caBe of purity of the heart, be cool, 0
c. conBnmer of all oblations. 0 Fire thou movest in the hearts of all
gods as a witness. 0 god, thou alone knowest those things which no
human being kuowE. This mortal being accused at Law wishes to
get himself cleared; therefore it behoves thee to free him from this
10 charge according to the sacred Law, Dharma."
S'iilapajli.
Verse 104.
Thereafter, after heating the iron hall, this mautra one should
". repeat'. "0 you purifier, you wise," &0. all in the vocative case. (104).
15 Yajiiavalkya, Verse 105.
After he has addressed in that manner, he should
place in both his hands a smooth ball of iron weighing fifty
_ palas and red (heated) like fire.
Mita.kfl'hara.:-Moreover, tasya, oj him, i. e. of the
20 performer (of the ordeal) while thus uktavatajJ., addressing, i. e.
while invoking with the mantra: "0 fire thou pervadest the innermost
parts of all beings &c." lauham, the iron, i. e. made of iron,
ball, llancha.s'atpalikam, weighilig fifty palas, i. e. of the
quantity of fifty palas, samam, round, having no angle i. e. rounded
25 and even on all sides .and polished and eight fingers in length, vide
the text of Pitamaha: ., After removing all augles and making it
even, a ball of iron of eight weighing fifty palas should be
heated in the fire." AgnivarJ;tam, red like fire, i. e. resembling fire;
ubhayojJ. hastayop, in both hands, covered with the as' wattha leaves,
30 cnrds, the durwa grass, aud other things, nyaset, should place, i. e.
the chief judge should deposit.
1, is an addition i.Il the., manuscript.
.. ,
]
Verse8 105-100.

Y;jiiavalkya, Verse 1(;)0.
Made of fifty palas, an iron ball of eigbt fingers, made sm.ooth
without an angle and also along with the 71lantm, he should plaae.in the
hands of him-i. e. the performer of the ordeal. (105). .5
What then should he done? So the Author says
yajfi.avalkya, Verse 106 (1).
He having taken it (into his hands) should walk
through only seven circles slowly.
:-Sa, he, i. e. tho man, having taken the heated 10
iron han in the cavity of his hands, sapta
Page 66. sanaip, vrajet, should walk seven
circles slowly. By the use of the term eva,
only, the Author indicates that the footsteps should he placed within'
the circles, and that he should not go beyond the enclosure, as 15
Pita,maha, "He should not go out of the enclosure, nor should he
put his foot inside (the rim)."
It has been said above that "he should walk through only
Beven circles slowly." Tbere a question may arise as to where are
the measurements for one each, and what should be the space 20
iutervening hetween two rounds? So the Author says
ya.jfi.avalkya, Verse 106.
A or a round should be understood to be
sixteen fingers (in diameter), and the same should be the
space intervening (between two or circles). 25
:-That (the length) of which is sixteen
fingures is a sixteen Angulas. The circlei
should be understood to be of the dimension of sixteen AngulaB.
The antaram, space inl81'vening, i. e. the distance between two
circles is (to be) the same. 30
By saying that he should walk through seven-
-circles ._each. of _ angulas, is meant to include the first
circle in which he is standing and therefore, in' all there would
of the ci,clcs,
[
Yd}ilavalkya
VCf8l lOa,
be eight circles oE sixteen finger8 eacb, while other circles ( than
the one at the centre) would be seven oE the same dimension.
This very thing has been stated by Narada
'
by the method
of enumeration thus: "ThE interval between every two circles
5 is ordained to measure thirty-two fingers or angulas. Thus the
space covl':red by the eigbt circles will be a little more than two
hundred and twen ty Eour' by the measure oE angulas".
The meaning is this: The circle uther than the first circle and
at a distance oEsixteen angulas is the secoad circle. Each circle heing
10 removed Enrther on from the second and at a distance oE thirtytwo
angulas from the first circle, leaving a srace of sixteen angulas.
Thns seven circles should be gone round each having an intervening
space oE thirty-two angulas. Thus the space oE ground iutervening
between the seven ma,}dalas wonld be ,\Vo hundred and twentyfour
15 angulas in terms of angulas.
The suffix <Kl is used to indicate all inflexional cases.
According to this view, after having made the central round of
sixteen angllias in measurement, each one of the intervening
spaces measuring thirty-two ungulas and lying between the seven
20 should be divided into two, and the ground of the
intervening space should be fixed at sixteen an,qulas, seven marJelalas
should be created measuring twice sixteen angulas the breadth of each
being according to the measure or the foot of the person who hus to
go round. As has been said by the same Author:' "A round
25 should be made as broad as his foot."
As to what haB been said by Pitamaha, viz.: "Eight circles
be mude, find also a ninth in the front" the first circle ,hould
be dedicated to tbe god Agni (fire), the second to (the god) Var!trJa
(water), tbe third to tbe God TViiyu (wiud), and tbe fourtb to tbe God
30 Yama; the fifth is consecrated to the God Indra, aud the sixth is
said to be for Kubera; the seventh is for the God SomLt,'
and tbe eigbth to tbe Sun, und tbe ninth is for all
Gods. This is the practice known to all experts in ordeals.
1. Qh. I. 285,286.
2. In the printed editioll of Namdt1 the runding is lfifty.sb:' ;
tho's the tot.lwould be 256.
YaiilavalTcya ]
Ve .. " 106-10'7 (1).
The Cerdes.
The interval of space hetween every two circles is ordained to he
thirty-two angnlas. Thus the spscecovered by the eight circles
is supposed to measure two hundred and fiftysix angulas. A circle
should be made 8S broad as the foot of the person performing the
ordeal. The kus a grass shOnld be spread over all the circles as 5
dictated hy the S'astra. "
There (the meaning is that) after making the ninth
circle which is intended for all gods and which is unlimited
by any meaSllrement of angulus, the eight circles and the eight
iutervening spaces togetber cover a space of two hundred and fifty-six 10
angulas. There also (the number of) circles (actually) to he walked
through would he seven only. Since he stands in the first and
tbrows down the hall in the nintb,and so there is no difference as to
the measurement of angulss. "Eight slanting barleys or three rice-
corns make one Angula, twelve Angulas make one Vitasti, two Vitastis 15
make a Hasta, and four Hastas (make) one Da1}da. One thousand
of these (i. e. Dm .. das) make one Kos' a, and four of these (i. e. K08 as)
make one Yojana." Thus sbould he understood (the table of
measurement ).
S'filapalli. 20
Yajiiavalkya, Verse 106.
Here, the accused, taking hold of the iron ball should walk through
the seven Mal14alas (circles) made of cow-dung, more than seven'. Each
circle and the distance between each pair of l11al'4alas, shall be sixteen
fingers. (106). 25
After having gone through the seven circles what should he
done? so the Author says
Yajfiavalkya, Verse 107 (1.).
After he has thrown away the (ball of) fire and
rubbed his hands with rice, if he is (found to be) unburnt, 30
he should obtain an acquittal.
Mitakhara :-Stending in the eighth circle and after
throwing the nihth circle the iron ball heated
11
,
952
Te8t.
[
Ydjiiauall,ya
Verso 107 (2).
having pressed the rice corns with both bis hands, if it is found that
his hands remain un burnt, s'uddhim apnuyat, he should obtain
an acquittal. It follows from this that if his hands be burnt he is
considered to be gnilty.
5 One, however, who througb fright stumbles and is burnt
elsew here than on tbe hands, even then he is not
* Page 67. considered as guilty. As says Katyayana
1
, "If
while under a cbarge, one stumbles and is burn t
elsewhere than at the proper spot, the Gods consider him as unburnt,
10 and he should be awarded the entire claim. "
Yil.jiiavalkya, Verse 107 (2).
If the ball falls down on the way, or in the case of a
doubt, he should carry (it) again.
:-1 while (he is) walking, the ball falls,
15 antal'a, on the way, i. e. eVen berore the eighth circle is reached, or
if sans'ayap, a doubt arises, as to whether he is burnt or unburnt,
then, tada punraharet, he should carry it again. ThIs is the rule
laid down and as necessarily follows from the sense.
Here, however, the following is the order of procedure. On
20 the previous day having performed the purification ceremony, the
next day, the Chief Judge should mark the circles according to Sastra,
worship the presiding deities of the circles in respective places)
consecrate the sacred fire and complete the Sallti sacrifice, and then
after causing the ceremony of the consecration of the hand, by the
25 pressing of the rice corns &c. to be made, of the person performing
the ordeal who had observed a fast, and who after baving bathed was
standing with wet garments in tbe western circle, and after tying
on his forehead the leaf containing;. the charge by repeating the
Mantl'a, the Chief J ndge shonld invoke the God Fire when the hall
30 is beated a tbird time, and lifting with a tong the heated iron ball
which had been duly addressed (by the performer), he should place it
in the hands of the person performing the ordeal. And this latter
\ 1. Verse 441.
Ydjnavalkya J
Persos 103-107.
Mitl1k
9
IJaril & Vlromitrodaya-The irotl ball.
9.53
also if after walking throngh Beven circles and throwing down the
ball in the ninth remains unburnt, then he is declared innocent.
Here ends the Ordeal by Fire.
Viramitrodaya.
Now the Autho! states the procedure for the ordeal by fire, 6
reached in due conrse
Yajiiavalkya, Verses 103, H14, 1Q5, ]Q6, lQ7.
Tato, 'thereafter', i. e., after the proce"s stated in t.he general
rules of procedure for the ordeals, and the invocation of the God Dharma
&c. vimrdita, 'rubbed'. i. e., cruBhed, "rihayo, 'paddy', by which-of this 16
description the two handB-; lak?hayitw(}" 'marking' the Chief Judge
in the palms of the hands joined togetber, seven white pipal leaves
should be taken; vide the text of Narada: "SJDuld encircle the white
hands with seven fibres of thread". Here, "Having placed the sami
leaves, grains and also the durwas, these shonld be deposited 15
in the leaves" has been mentioned as a special rule in another Smrti.
Narada' : "In all cavities in the band one sbould make the
previous mo,rlrs; and these should again be examined and dotted with
spots; tbereafter, the seven leaves One should encircle witb seven
tbread strings." 20
Thereaft.er, wbile repeating the versa, "0 fire &c.", he (the
Cbief Jndge) sbould place on tbe hands of tbe person performing
the ordeal-aod by the UBe oftbe word api, 'even', au the pipal leaves
lying theron-the iron ball weigbing fifty palas and coloured red-hot
as fire.
The menning of tbe manb'(J. is: "0 Fire, ptLVana, 'tbe purifier',
i. e., the purifying Ca.US6; Kave, "Omniscient', 'i. 8., all-knowing;
saI'va,bhIUo,ndm, 'of all created beings', i. e., of all sentient beings;
'in the innermost', i. e., inside; c/laTasi, 'pervo.dest', i. e., move about
25
for the pnrification of food, drink &c. In the expression 30
the ablative caSB is by tbe emion of tbe gerundial termination-tbe
meaning is-after baving examined the merits nnd tbe sins, like a
witness declare tbe truth about me.
In this connection is a Bmyti': "An iron ball red bot like fire,
sparkling IIond well marked, weighinll fifty paIns, baving pnrified it again 35
and again, by beating, the BraJ;tma't" at the tbird time wbile it is bnrning,
t. Oh. 1. 301.
2. ,see Namd. I. 289 &0,
954
Viramitrodnyo-The Test and the T6SftU,
should address it premised by truth aB follows: "Listen to
this law .of men, which has been preeided over by the guardian deities
of tbe world. Thou, 0 Fire, liva witbin tbe ioside of all beings; like
a witness, you alone, 0 Fire, know tbings which men do not know.
5 Tbis mau accused in a court of law desires exhoneration; therefore be
pleased to relieve him from tbis suspicion "ccording to Dharma."
The person performing the ordeal, having token up the iron ball
should slowly walk tbrougb tbe Beven circles. By tbe UBS of the word
eva, 'only', is indicated the stepping of one fact in the circles and
10 lion-traosgression of the circle; as says Pitamaha: "Nsver should he
step beyond the circle; he should place hie foot inside; having gone to
the eighth lrfa!lq,ala, the wiss should tbrow it in the ninth".
A 'circle', moreover, should eaebbe known to be
sixteen fingers in measurement, find should have an intervening space of
15 sixt.sen fingers between eacb.
Now, if after reaching tbe eigbtb and standing there,
after throwing it in the nintb Mallq,ala, and even aft,er rubbing tbe paddy
ifbe be adagdkaly, 'is un burnt', tben he should get 8uddhi, 'acqnittal, i. e.
success in tbe point at issue. If, howevsr, even before the eighth circle
20 <is rsacbed) the iron ball drops down, or there be a doubt wbetber be
was burut or not burnt, tben again also Ilccording to the procedure
stated hefore, he should carry tbe iron ball in his hands.
Thus, this is the ordsr here: "On the previous day after having
observed a rast, and taken bis reaidence, tbe psrformer of tbe ordeal, on
25 the next day, having invoked the God Dbarma with tbe rnantm, 'Oorne,
come, Db revered Dbarma', having placed on his band the document,
througb tbe nine circles eacb of tho dimension of si"teen fingures and
each having an intervening space of sixteen fingers, and marked with
rioe flour or the like, while standing in the first circle, afLer the bands
30 were examined and the places at' scars having beon marked with
red dye, when the ironballs are beated tbree times, and after he waB
addressed by the Obief Judge with tbe words, "Hear tbis law
prepared for men &c.," after baving plocell seven pi pal leaves on the
palms, and encircling it with seven wbite tbread s together witb the
35 pipalleaveB, barley, durvas, and sami leaves, and baving placed therOn
the red hot iron ball, aftar boviD!! in or,ier paBBed tltro"git the orher
six circlee, while Btanding In t.he eighth, shonld throw ir(lD
-in t.be ninth. TberBllfier after tbe ['lIddy grains were crushed by
the hands,_when he is found to be ullecp.thed, be shOUld be
Ydrjiiavallaya ]
VefSllS107-10S.
ViramitrodnY3, 5'Ulnpat;Li & Water.
innncent. Even if burnt in any limb other thon the hands, still he
should be (regarded as) innocent. (103-107).
S'iilapalli.
Yajiiavalkya, Verse 107.
Under the text of the Kalika Parana, viz.: " After having gone 5
rouud he should throw it in the grass", having thrown the red-hot iron ball
in a heap of grass, after crushing the paddy grains, if he remain unburnt,
he gets exhoneration. A special rule is stated by Pitamaha : "Then in
his huuds should be placed paddy graine or bar ley; and when after these "
being rnbbed in the hands unhesitatingly, he remains without any 10
injury to the end of tbe day, he should get au acquittal ". If it falls in
the interval of the seven ciTcles, or is burnt,or if there be a doubt, he
should have the fire again". Katyayana
l
: "If the accused falters, or is
otherwise burnt; the Gods do not consider him as burl1t; to him, it should
be offered again". (107). 15
Thus ends the Ordeal by fire.
Now the Author states the ordeal by Water
Yiijilavalkya, Verse 108.
" Protect me thou for (the sake of) truth, 0 VarUl;ta"
thus having invoked (the God of) water, one should enter 20
the water navel-deep catching hold of the thighs of one
who was standing in the water.
Mitakshara :-VarulJ.a satyena mamabhiraksha
twam, '0 Va"U1.la thou shouldest protect me lOt' (the salce ol) truth',
by this mantra having abhisapya, invoked, i. e. addressed, kam, i, e. 25
water, catching hold of the thighs of llabhidadhnodakasthasya,
one who was standing in the watm' navel-deep, i. B. of a man who WilS
standing in water to the level of his navel, the person wishing for
purificatiou, jalam pravis'et, should enter the watm', i, e. should
immerse himself in wate;. 30.
This, however, (should donel after the worship or the God
VamJ;l' has been finished; vide the text of Narada: "He should
first ofl'er worshio to the God VamI,s with concentration by means or
:t. Verse 441.
956
[
Yd;iiiallalltya
Vcra6 108.
fragrant besmearings, and flowers, and by means oE honey, milk, ghee
&c." Similarly after the general procedure is observed i. e. that
beginning with the invocation of Dharma, and endiug with the
worship of all the deites, the performance of the sacrifiee, and
5 the placing on the head of the document containing the
plaint. For, after the Chief Jndge has addressed the water
viz: "0 water, thou art the life of all sentient beings,
wert created before the creation; thou hast been mentioned as the
means of the purification of things as well as oE corporate beiogs,
10 hence, 0 discriminator of the auspicious from the inauspicious, thou
shouldest exhibit thyselE", the person wishing Ear an ordeal should
then invoke Varul;a with the mantra "0 VaruI;lB protect me for truth
&c." The places for water, have, moreover been mentioned by
Narada
'
"In streams which have a smooth current, in oceallS in
15 rivers, in lakes, in poods, in holy ponds, in tanks aud ~ pools".
So also (has been said) by Pitamaha: "He should plunge in
water which is steady, and not (that) in which are crocodiles, nor which
is shallow, that whicb is devoid of grass 01' moss, and which is free from
leeches and the fish; he should make the purification in water which i.
20 in the holy ponds. One should always avoid the water which has been
brought, as also the water in swiftly flowing rivers. He should
always en leI' such water as is Eree from waves and mud." Brought,
i. e. water brought from tanks & and stored in copper pans.
The man standing in the water navel-deep should be firm, grasp
25 a consecrated pillar made of the holy tree and stand with his face
towards the east; Vide the text': "He should stand in water with his
face towards the east and grasping the sacred post."
30
S'tllapal1i .
N ow the A.uthor etates the mdeal of water
Yajfiavalkya, Verse 108.
"0 Va.U\la, 'protect me hy the truth,' thus haviug caused the oath
to he taken in regard to the water to be drunk, and by catching hold of the
thighs of another man, either a BraJ;lIIlaUa, Kshatriya, or a Vaisya, who was
1. Oh. I. 305.
2. Nama. I. 308.
,
YaJ;navalkya ] S'b.Jap!l.pi.& in WallH' ordeal. 95-7
Verses lOS-lOl}.
standing in water to the depth of his navel, he should immerse in steady
water. Pitamaha:" The wise man should cause a circle to be made, and
should devoutly honour it, and the arrows witb flowers and incense, as
also the bamboo bow." (108).
What should be done then? So the Author proceeds
yajfiava.lkya, Verse 109,
When another swift runner brings back the a.rrow
discharged simultaneously (with the immersion) and if he
sees him with his (entire) body immersed in water, he
obtains an acquittal.
:-When, samakalam, simultaneously, with
the immersion (of the defeudant) one swift ruuuer had gone, anyajl
ja vi, another swift runner, standing at the place where the arrow
bad falleu, brings back the arl"OW first discharged, and if he sees him
(i. e. the person performing the ordeal) nimagnangam, his body
(still) immerced in wate,., then he is declared innocent.
This is the substance of what is (meant to be) said :-After
three arrows are discharged one man endowed with a velocity goes to
the place where the middle arrow has fallen, ilnd taking it up stands
there also. Another rnnner, also swift, stands at the place from where
the arrows are discharged, i.e. at the bottom of the arch. When the two
are thus stationed, the person performing the ordeal immerses into the
water at the third clBp of the hand (of the Chief Judge.) And even
simultaneously with this the mun stuuding at the base of the arch
goes swiftly to the place where the middle arrow
.. Page 138. had fallen, and immediately after his arrival there,
the one standing with the arrow held in his hand
swiftly going to the base of the arch, if he does not see him (i. e. the
performer of the ordeal) on aceD ant of his heing immersed in water,
then he is declared innocent.
This very thing has been made clear by Pitamaha: "The
running and the immersion (respectively) of the runner and of the
performer of the ordeal should be "simultaneous. A swift runner
should go from the base of the arch to the sJlot where the artow has
fallen. Immediately after his arrival there, the second also quickly
5
10
15
20
30
35
95:8
MItD.lqlhai"n..- The swift runners.
[
ytljnavallcya
Verso 109.
5
10
20
25
30
taking up tbe arrow sbouid go to tbe base of tbe arch from where tbe
first mau started. If the oue with the arrow iu his haud, ou his
arrival (at the base of tbe arch) does not find him, because he
completely immersed under wuter, then he, i. e the Chief Judge,
should declare his innocence."
Nara.da., moreover, bas laid down the rule Ear determining
the swift runners thus: "Those two men who would stand first in
running among lifty runners .hould be appointed for the purpose oE
bringing back the arrow." The &rch also should be erected ou a level
gronud near the place ot immersion, aud equal to a height as Ear as
the ear of the person performing the ordeal. Vide the text of
Nara.da. : "Having reached the place near the' water an arch
as high .as the height (of the performer) upto the ear should be erected
on a level ground".
The tbree arrows as also the bow made of bamboo. should first
he worshipped with auspicious things such as white flowers &c. vide
the text of Pitama.p.a., "First the arrows he should worsbip, as also
the bow made of ham boo by means of auspicious articles such as
smelling odours, flowers &c. and then should he begin the
performance. "
The measuremeut of the bow as also the place of the target
have been mentioned by Nara.d.a.
'
: "A strong bow is declared to be
107' (augulas) loug, a moderate bow 106, and au iuferior bow 105
(angulas). Tbis is declared to be the rule regarding the bow. With
the moderate bow a wise man should discharge three arrows having
. fixed tbe target at a distance of 150 hastas; if arrows are thrown at
a less or a greater distauce there would be a flaw." A hUNdred' and
sellen ,(107) meaus Due hundred and seven of augulas; this is a
strong-how. Similarly, also, about 106 and 105 (respectively) .. Thus
the dimension of a strong bow has been mentioned to be eleven
angulas in excess oE four hastas, of a moderate bow, ten an gulas,
, and of an inferior bow, nine augulas.
1. Oh. 1. 307.
2 It may also meaD 700, 600 and 500 Angulus respectively, the originnl
words being and The interprets these illS a
. hundred plus seven, hundred plus six, and hundred plus five.

The arrows, moreover, should be made of bamboo without all
iron; vide the text': "Fer the pm::!icat;oTI, arl'OWS sr.ould be
prepared of the bamboo tree without any iron at the end, cnd the
person discharging it should a.ischarge forcefully". The person for
959
discharging the arrow to be appointed, shouid be a KShatriya or a 5
living like and one who has observed a fast as
hae beeu said': "The person to discharge (the arrow) has been laid
down to be 8 Kshatriya, or a BrithmaljB living like him, He should
not have any crnel thoughts in his mind, must be calm and must have
observed a fast, and then should discharge (the arrow), " , 10
Of the three arrows when discharged, the middle one should
be taken, since it has been so laid down in the Sastra ; "ide the text':
" The middle-most arrow, however, should be taken up by a strong
man." There also, the arrow shonld be bronght from the place
where it falls, not to where it moves on ; vide the text: "The place 15
where the arrow falls shouid be considered, while the spot where it
moves should be avoided, since an arrow may go a long distance by
moving and moving," The arrow, moreover, should not be discharged
when the wind is blowing violently, nor on a grouod which is uneven
&c; vide the text of Pitama.ha.: "A learued man should not 20
discharge the arrow when the wind is blowing; violently, 00 a
spot which is uneven, is covered by trees, or is covered by grass,
bosh, creepers, plants, mud, or stones, "
By saying that" if he him with his entire body immersed
in water he obtains an acquittal", the guilt has been d,clared of 25
one whose body is seen above water, Where the person moves to
another place a goilt has also been declared by Pitama.ha. thus:
" Otherwise there shall be no acquittal if even one limb is seen"
(abo) "Or by his going to a place other than that where first he was
made to enter. " Tbe expression" if even one limb is seen" is used 30
iu reference to the ear &c, as there is a special text' viz: "He (the
judge) may declare him also as innocent if after immersing into the
water his head alone is seen, and not the ears, nOl' the nose. "
1. Of K6.tyayana, Verse, 442.
3. Of Nlirada; Oh, I. 310.
42
2. By Pit.maha,
4. Also of Pit'maha,
960
& YiramIt,rodeya-Tho procui1.tre desCJt'ibeil,
[
Ycij7Javalicya
Verll611 103-109.
The order of procedure here is this: Near the store of water
as cbaracterized above, having seG up an arch of the description given
before, and having fixed the target at a place and at a distance as
stated, having properly worshipped the bow together with tbe arrows
5 near tbe arch and invoked VarUl,a in tbe store of water, and offered
worship to him, having moreover, on the bank (of the water) offered
oblations to Dharma and otber g0ds at the end oE a sacrifice, the
CbieE J ndge should tie the document containing tbe complaint on
the Eorehead oE the person wishing to perform the ordeal and thus
10 address the water with the mantra. "0 Water thou art the life oE
living beings &c." Then the person performing
. Page 69. the ordeal having invoked the water with the
mant"a, " (protect me) by the truth &c." should
go near the strong man who has grasped firmly the pillar find who
15 is standing in water navel-deep. Then, after three arrows are
discharged, and after one swift runner has taken his stand at the
spot where the middle arrow falls, holding in his hand tbe middle
arrow, and another has stood at the base oE the arch and when after
this the Chief J ndge has given three claps, the rnnning, immersing,
20 and bringing back the arrow should simultaneously take place.
25
Thns ends the Ordeal by Water.
Viramitrodaya.
Now the Author states the procedure for the ordeal of water,
reached in due course
Yaji'iavalkya, Verses lOB, 109,
o Varut;lB., salyena, 'for truth', t'loam, 'you', mti, 'me', i. e.,
myself, 'protect',. Thus having, abhiprag'aya, 'loudly
addressed' i. e., invoked 'water', Itam. In some places eucb iLself is the
reading'. N12b1tidadlma"" 'navel deep' i. eo, measnring as far as the
30 navel, of one standing there i. e., of a man, catohing hold of the thigh,
;"1",,, viset, 'one sbould enter the water', i. e., should get immersed into
water, the performer of the ordeal. At that time while one with a swift
pace hus started, another man with a swift pace who was standing at the
place from which the arrow was discharged, when he brings back the
1. The several readings n.re atlqt[lTrli.
l'll,Jilav(JVqja ]
Vernes lOS-lOg.
Vlramitrodnyn & S'ulapilQ.I-Tllll procedure continued.
961
arrow and has seen the performer of the ordeal with his body immersed,
then he gets an acquittal.
This is what is intended to be said: At the immersion time when
an arrow had been discharged and a swift runner had gone to bring it,
Bnother arrow immediately discharged thereafter another swift ruoner "
brings back, and if at that time he sees him immersed, then he
becomee exhonerated. Here, this is the procedure: "At the outset
one should concentrate and offer worship to Waru?", with sandal paste,
fragrant flowers and witb sweet milk, gloee &c.," eo says Narada.
'fhereafter, after observing the procedure as stated before viz. from the 1')
invocation to the plBcing oithe document on the bead, the Ohief Judge
should addless the (God of) Water thus: "Oh Wat.er, thou art moving
in the innermost recesses of all created beings, and being a witness, you
alone, 0 Water, know those tbings wbich mortals do not know. Being
accused in a junici.1 proceeding this mortal is immersing in you, therefore 15
be pleased to free him from this sllspicion according to law." Then the
performer of the ordeal ,hould offor a prayer to the Water thus. "0
Warn"., protect me for truth &c." Thereafter, in the ,till water wben
anolher mun has entereil into it, and with hie fuce towards the East was
,tanding still at a nuvel-deep spot, the Ohief Judge should o!ler worship 20
to the how together with the arrows placed near an arch high upto the
ear's height aud erected nenr the place of immersion. Then a Br!1l).ma".
or a who has observed" fust, disoharges three arrows. When,
catching hold of the thigh of the man standing in the water, t.he
performer of the ordeal takes a plunge into the water, that is one 25
period. There one strong man "ith a ewift pace tahes the first arrow,
and a simil., one, another taking up the middle arrow Bees the
performer of the ordeal still immersed; Here Pitamaha: " Otherwise
he Bh"ll not be declared t.o be innocent if even one limb is seen ; or if
he is seeu to have gone to another plaoe where first he was made to 30
enter." (108-109).

YiLjiiavalkya, Verse 109.
Synchronously with thB disoharge of the arrow when a very swift
runner has gone to bring baok the arrow, when be is gone, another man
equally swift in paoe taking up the middlB arrow and when he comBS 35
back and SBes thB pBrformBr of the ordeal still immersed witb bis limbs in
water, tben the king should deolarB his innooenoB. B,haspati:" Taking
11P the middle arrow, another man 9f the same calibre, returns to thB
962
So.lnpaQl 6; Ordeal by Pui8on.
[
Ydjnacalk.'1a
Yerscs lO9-111.
place from where'the (first) man had gone, and on arrival if he does not
see the man who is immersed into the water helow, then hie innocenoe
should be declared, otherwise he will not be considered as innocent, even
if one limb is seen."
5 Pitiimaha: "The person to discharge (the arrow) to be selected
should be a pure in character, or even a Bral:tman!1; one with
a not unkind heart, quiet, and who has observed a fast and has kept
himself pure." (109).
Thus ends the Ordeal by Water.
10 Now the Author deecribes the Ordeal by Poison
Yajiiavalkya, Verses 110, 111.
" 0 Poison thou art the son of Brapman. Thou art
eShblished in truth and virtue; clear me from this charge.
Out of (regard for) truth, be like ambrosia, to me." (lID),
15 Having addressed thus, he should swallow the
poison called S'arnga (or ginger) produced on the Himabya
mountains; of him by whom the poison becomes dige'ted
without convulsions (Tne Chief Judge) shou.ld. dechi.re
the innocence (111).
20 lVIitakshara :-Witb the mantra, Twam vishetyadi, "0
poison &c." having addressed tbe poison, the person perfcrming
the ordeal should, swallow, wisham himasailajam,
poison produced on the Himalaya mountain, i. e. produced on the
monntaiu peaks. And when such a poison when swallowed by a man
25 is digested, vegairvina, without convulsions, such a oue is declared
innocent.
Convulsions from poison occur by the transmission of one
humour! of the body with another; vide the text': "Tbe transmis-
Bion of a humour of the body into another is known as the
1. "fll-A humour of the body. According to the, principles of Aryan
Medicine the principal humours which regulate the condition of the body are.
'lin, (wind), \<Rr (biles) & 'F.'F (phlegm). A disturbrmce in the normal
conditioE. (If a.ny of these Causes all the "disGa.ses' of, th.8 hod! .
. 2. Of I'iMmaba,
Ycijrlavalkya] olpoision j pOiSOl1 to be selected, 963
VlrSCH 110-111.
convulsion of poison." The humours, moreover, are seven'
viz. "The skin, hlood, flesh, fat, hones, the marrow, and the
semen". Thus the convulsions of poison would he seven
also. The characteristics of these have, moreover, been mentioned
in the treatise on poison tbUE' "The first convulsion :>
from poison brings on a horripilation, and the one next to
it (cause) perspiration and the dryness of the mouth; the
two next following cause in the body the change of colonr
and violent tremour. That which is (called) the fifth convulsion
brings on syncope, chocking of the tbroat, and the hiccough; the 10
sixth (creates) fast breathing aud coma, and tbe seventb causes the
death of the consumer (tbereof)."
Here, moreover, the worship should be offered to the God
MabilolevB, as say" Nara.da.: "Ooe who h8s observed a fast should
administer (tbe ordeal of) poison in the presence of gods and tbe 15
after having worshipped (the God) Mahelwara by means
of fragrant scents, codimeuts, and with mantras." The Chief Judge
after having observed a fast, should worship the deity Mahadeva, and
placing the poison before it, should offer worship to Dbarma and
others, terminating with a sacrifice, and thereafter having placed the 20
dOCllment bearing the complaint on the head of the persou performing
the ordeal should thus invoke the poison:-viz. :-"0 poison thou
hast been created by br testing the wicked, (tberefore 0)
expose the soul of the sinners, while he like ambrosia to the pure-
minded. 0 poifou thou who art Death incarnate, thou hast been 25
created by BratJ-mau, free this m"n from this (charge of a) sin and
become nectar to him by (regard to bis) truth."
Having tbus invoked, be should give it to one who is standing
with his face turued towards the Boutb; vide the text of Narada :
"To ODe who is standing with his face towards the South, and also in 30
the presence of the twice-born, with his flice turned towards the
North, or the East, and with concentrated mind he shonld administer
the poison."
The poison, moreOver, to be taken should be the Vatsanabha
poison or like; vide the text of Pitamaha.: "Of the vatsanflbha 35
from tbe mountain .heat or of a poison prodllced on the Himalayas."
1. These are 1'i"'ij", 31!l:i;f, Bt", ">19, BSjf & Wii.
964
to be disQarlied : sea80n for the ordeal.
[
Ydjitavallcl/tl
Ver8eB 110-111.
The poisons to be discarded have similarly heen laid down: "Distilled
poisons, as also poisons which are old, or afe artificially prepared, and
those produced from the earth-all these poisons should be entirely
excluded". Also by Narada
t
: "Purified poison, as well as poison
5 which has been distilled, simil"rly, scented and mixed poison, as also
the KdlakrUa and the Aldbu poison, sbould be carefully avoided."
The time also has been mentioned by Narada
2
: "Having
weighed the poison which is intended (to be given), it sbould be
administered at a time when the winter bas set in; A man knowiug
10 tbe Dharma must not administer it) in tbe afternoon, nor in tbe
twiligbt" In any other period, however, a less quantity than tbat
laid down as the standard, .hould be given, vide the text': "Fonr
yavas should be giveu in the rainy season. and it has b2en laid down
tbat five yavas sbould be given in the In the it
15 sbould be seveu yavas, and in the ::;'arad even less than thot". By
less is meaut six yavas. B.Y tbe mention of Hemant., S'is'ira also
is vide the S'riiti text 1)1:.: "By the combination oE
Hemauta nnd S'ls'ira."
Since Vasanta ha;; been regarded as a period common for
20 (tbe administration of) all ordeals generally, seven
* Page 70. Bbould be given during tbat season, and the
poison alsn sbould be given after it is cJvered
witb clarified bntter; vide the text of Navada": '-Let him give
to the person performiug the ordeal, one-eigbth les8 than twentieth
25 part of a sixtb part of a Pala of the poison, mixed with clariEed
butter." A Pala bere, moreover, is equivalent to four gold coins.
Its sixth part would be ten and fifteen Yavas. Three yavas
make one and fifteen make aIle thuB
fifteen yavaB make one In this way the (nnmber of) yavas
30 in ten would be one hundred and fifty, and this together with
the ten yavas mentioned above make up (the tolalof) 160 yavas-
1. Oh. I Another rending is poison.
2. Oh.1. 319 Rnd 320.
3. NllrOda Oh. I. 324. 4. Oh.1. 323.
5, is a better reading. i'[OTRt appears to he
Y c!JnavaZlc'JIa ]
Ver8tsl10-1l1.
this is the sixth part of a Pala. A twentieth part from this would
be 8 yavae. A twentieth part less by one-eighth of this i. e. less by
one yava i. e. seven yavas he should give mixed with clarified bntter.
Tbe clarified bntter should moreover be takeu thirty times the
9&5
{ql1"ntity of} POiSOil, vide the lex:t of Katyana,l : "The poison should 5
be administered to men' in the forenoon and in a cool place; it shonld
be pounded and smooth, and should be mixed with clarified butter
thirty tirues the quantity (of the poison)" i. e. the poison (should be)
mixed with clarified butter thirty times its quantity.
The person performing the ordeal should, moreover, be 10
protected from sorcerers &c ; vide the text of Pitamaha viz. : "The
king should protect the person about to perform the ordeal from the
danger of sorcerers &c. by guarding him with his own men for three
or five days. He should also examine and see if there are hidden on
his body any medicines, or spells, or any jewels which are effective 15
as antidotes against poison, as also those secretly prod uced."
Similarly the poison should also be guarded. Vide the text of
Na.rada
3
: "Poison from the mountain peak which is obtained from
the Himalayas, is tbe best as ordained; such as has the colour, flavour,
and ta,te, which is unartiticial, not tempered, and which is not oVer- 20
powered by any charms."
Similarly aEter the poison has been swallowed he should be
watched for (an interval oE) 500 claps of the hands, and thereafter
should be examined, as says Narada: ,. 1 after an interval of .500
claps oE the hands he remains free from any effect (oE the poison ),
then he is considered to be innocent; thereafcer he should be 25
ex"mined". The interval oE time however stated by Pita.maha i. e.
till the eud oE the day, has a reference to a small quantity of poison.
" AEter swallowing it if he remains steady unu without a Bwoon, and
does not vomit and otherWise remoins free from auy effect till the
end oE the day, he should then he declared as innocent." Here also 30
the procedure is as f011ows; the ChieE Judge after having observed a
fast and worshipped the God MaMdeva should place the poison before
it, and after baving offered a sacrifice to Dharma and other deities,
1. Verse, 450.
3. Oh. I 322.
2. ;Hi1''''' Lit: corporate beings.
966
Mltli.k\?harfi-Thl (lQncZu!.Iion of poison.
[
YdjiiQvalkya
Verslls 110-111.
and placed the document containing the complaint on the head of the
person wishing to perform the ordeal, shollid address the poison !lnd
offer it to him who is seated with his fJce turned towards the South;
the person performing tbe ordeal too sbould take the poison after
5 addressing it.
Here ends the Ordeal by Poison.
Viramitrodaya.
Now the Author states the ordeal by Poison
Yajiiava1kya, Verses 110, 111-
10 0 Poison &c. ", with this verse having addressed the poison,
one should eat. He, moreover, by whom it becomes digested without
convulsions, of him the Obier Judge shonld declare the innocence. The
S'drnga or ginger poison is wen known as 8ingaia, as has been said:
"Having tbe luster of a goat's horn, blue in colour, and produced on the
15 Himalaya mountain, pure, having the luster of ginger, of a fine yellow
colonr, and unsurpassed."
" The transmission of a humour of the body into another is known
as the cooclusion of poison." Its characteristic is, horripilation, swoon,
&c. .An ordeal of that.
20 The procedure here is this: The Ohief Judge having observed
a fast, and worshipped MaLMeva, and haVing plllced beroro Him the
poison, haviug performed the worship of Dharma terminlltlng with the
sacrificial oblation., placing the docnment of declaration on the head of
the performer of the ordeal should thus address the poison with thiB
25 mantra:" 0 poison, thou hast been creBted by for testing
the wicked; (therefore) expose the sonl of the sinners, while be like
ambrosia to the pure-minded. 0 poison, thol1 art Death incarnate, thou
hast bee n crsated by Brl1l}man; fres this man from thi, (ch.rge of a)
Bin, and become nect., to hand by (regard to his) truth." Thereafter to
30 the performer of the ordeal his face turned towards the South,
himself with face to the North or the East, in the preseuce of the
Brl1l}maJ;las, he should give refined powdered poison mixed in clarilied
butter. By regard to partioular seasons, particular proportions also
have been mentioned in this connection by Narada': "Having weighed
35 the poison which is intended (to be given), it Bhould be administered at
.. -----.-
1. Oh. I. 319-320.
yti,jil.atJallc!la J'
Vers/Hi 1'LO-H2.
Virami.
j
S'uls. &: of Koia.
a time when the .winter haB Bet in ; . not in the afternoon nor in the neODj
nor even ia the twilight, Bhouldone koowing the Dharma (adminiBte,l
it). 10 the raioy Beosoo, ths meaBure ie four yavas, and .five yavaE; h ..
bee.n stat.ed 1;0 be in the in the Hemonta, it is .evsn yavas,
and in the Samd, .oou leBB thau that". 'Les5', i.e. six yava". 5,
Thereafter, the perforDlcr of' the ordea.l h!.\yiug H,rUroRsed with 'tho
"0 poison, thou &c." .hanld couau,,," it. (llU-Llll )
Here enus the Ordeal by Poison.
S'iilapalli.
The Author states the ordeal by Poison.
'.
Yajfiavalkya, Verses 110, 111.
, 8arngam,' i.e., "Having the lustre of a goat's horn, blue', and
produced on the Himalaya mountain, and iu the effect having the lustre of
ginger, extremely cooling and unsurpassed ". Having talren in the hand
such poison, and addressed with the verse" 0 poison. &c.", and consumed 11i:
in the stated qnantity. one in whose case it becomes digested withont any
convulsion, swoon, &c., that man shall be (declared to be) innocent. In
Borne books, the following verse is stated as to be repeated (by him),
u 0 poison thou art the son of established in the laws of trnth;
pray free me from this accnsation, and by the (force of) trnth be ambrosia 20
to me. >I (1H), 111). i
Thns ends the Ordeal by Poison.
Now the Author descrihes the Ol'deal by Kos' a
Yajiiavalkya, Verse 112 ..
Having worshillped the stern ,deities, he. Should. 25
collect the water in which they were bathed. Then after
reCiting cthe formula), he should make the person drink..
therefrom three handfuls of water.
Devan, stern dities, i. e. snoh 'as'
Dllrga, Aditya &c; samabhyarchya, havinp worshipped, i. e. 30
worshiJ1!.ed with the 8all.bl-pa,te, flower" &c. and after h.ving b.thrd
tatsnanodakmaharet. he should eolltet the water in whioh they
were bathed.'. After collecting it, the chief J n"tice should address it
with art theIifeofallBentient beingS'
&c.", and putting that water into he ;houldpayayet -'35
13
968
\ Mttnk,?bsrfl. - When Kos' a to bll given.
(
, Y4;iulvallcyd
Verno 112.
pra.srtitraya.m, cause three handfuls of the water to be drunk, by the
perean performing the ordeal aEter the repetition of the mantra, "0
Warul).a protect me for the truth &c." Tbis, moreover, should be doue
after the general procedure viz. tbe invocation of Dharma, the
5 worshiping of all deities, the offering of the sacrifice, and the placing
(on the head) of the document containing the complaint &c. has been
observed.
Here also, the rule as to the deity to be bathed, the rule as to
the procedure, as also tbe rule as to who is entitled to this ordeal
10 have been stated by Pita,maha tbUB: "Of that deity wbose devotee
be is, the water should be caused to be drunk by In the Case of
an equal regard for all the deities, tbe water of.A.ditya sbould be
given to be drunk. The water of Durga should be given for
drinking to tbe thieves, a5 also to those who make a living .upon their
15 weapons. In the Ca5e of Durga the tridant should be bathed, w.hiJe
of A'ditya, the circle should be hathed, so also the weapons of other
Deities too should be bathed." This is the rule about tbe deities.
The rule as to the procedure is: "In cases of trnst, in all
cases of suspicion, and also in a compromise-in tbese the Kos' a
20 should be administered, always for the purification of the mind".
"The drinking of the Kos' a water is ordained in the forenoon
for one who has observed a fast, has bathed, Bnd
.. Page 71. has a wet cloth on, who is a believer, and who is
free from vices." Sas' aka is a believer. "The
25 wise should not offer the Kos' a to the drunkard, to the, voluptuous as
also to the rogues, and to those who are unbelievers'. The drinking of
KosI a sbonld be avoided in the case of great criminals, irreligious or
ungrateful men, eunuchs, low unbelievers, Vratyas and
slaves." Mahttpartidha means a great crime. Irreligious i. 8. who
30 does not observe the duties laid down for the Varl).as in the seveml
stages i. e. who is an atheist. Lowhorn i. e. born of a. Pratiloma
union. Slaves i. e. fishermen. This is the rule as to the capacity of
parsons.
Moreover, arter preparing a circle with the cow-dung, the person
35 wishing ordeal should be seated facing the Sun, and.
1 ... I 332.

. VerBe :113.
fm' !the decision.
then he should be made to drink. This is the rule to be deduced
from the text of Narada.: "Having called him who has been
accused, aud made him seated in the centre of a circle, and with his
face towards the Sun, he should be made to drink three handfuls."
It may be aSKed, in the case of ordeals begining with the 5
balance and ending with the poison the decision as to the innocence
or guilt is immediate, what however in the case of kos' a? so the
Author says
Yajiiavalkya, Verse 113.
He on whom no calamity falls either by the act lO
of the King, or of God within fourteen days, is innocent (and)
there is no doubt.
:-Chaturdas'adannha\J., before fourteen
days, yasya, on whom, rajikam, by the act of the king, i. e. by reason
of the king, (or) daivikam, by the act oj God, i. e. caused by God, 15
vyasanam, calamity, i. e. trouble, ghoram, dire, i. e. great; no,
is not, i. e. certainly never, jayate, falls, a minor one heing
unavoidable in the case of corporate beings-Sa s'uddha\J., he 8hould
be considered be innocent.
IE it fall after the interval there is no blame. As says 20
Narada
'
: " If a great misfortune even should befall him after the
lapse of a fortnight, he must not be harassed by anyone, since the
fixed period has elapsed." This text is self-apparent. The rule
" within fourteen days" is with reference to serious charges, since it
comes to be mentioned after the prefatory observation. "These in 25
the case of serious charges'." The other intervals mentioned by
Piti:l.maha, have a reference to petty charges; vide the text: "The
kos' a may be administered even in a petty case." These Bre (as
mentioned in the tex(
3
) : "He in whose case a misfortune is Been
1. 01. I 331.
2. S above y.jn. Ver. 95 Text p. 57. I. 25. Eng. Tr. p. 909.
3, Of Pitamoha,
97G:
Vlurmltrodaya.-The_ProD6z."re &c.
[
Ydi""valkya
VersBs:112-118
within three, seven, twelve or fourteeu days, is cousidered to be
guilty." These three intervals of time 'have to be adjusted by
dividing the amouut at stake which is less thau 'tbe amouut of a
serious charge, and by allotting the oE three days &c. to
5 each portion respecti vely.
Thus ends the OrdealoE leos'a.
Viramitrod.aya.
Now the Author states the ordeal of the .Kos"
Yaji'iavalkya, Verse 112, 113.
10 Having oifered worship to the stern Deities, the Chief Judge should
take up the bath-water of the Deity. The sternoess, moreover, has
been expoundeil by Pitamaha thus: "Of that Deity, whose devotee
he iB, the water of it sboulil be caused to be drunk by him. In tbe
caBe of an equal regard for aU the deitieB, the water of Aditya Bhould
15 be cauBed to be drunk. In tbe ca.eM Darga, the trio.nt shonld be
batbed, wbile of Aditya, tbe circular 'halo; io the ,case of other deitie,.
;', theweaponB shonld be bathed". '
Tasmat, 'from it', i. e. from the bath-water, prasrlitrayam,
'three' handfuls' of water having made to trickle" he should be' made
20 to drink. ' Of one' Who has drunk the water no calamity from the king
or fate, or any other diffioulty Buch aB a dangel'Ous diseaBe of a
malignant type for an interval of fourteen days, sa sudfdla(!, 'he is
declared innocent' i. e. becDmes successful. The- maSoning is t.hat on an
abBence, of a oalamity within the time limit, no suspicion can Btand.
25 By the UBe of the word tu, 'however', iB excluded the mixture of auy
other water. "He, in whose case "misfortune is Been within tbree
nights, or seven nights, or twelve days, iB declared to be guilty," this
;0' text of Fitamaha haB reference to accusations of " faulty or very Inulty
'c., character; thus there is no contrailiction.
30 thiB iB the Procedure: Having prepared a circle
with the Dow-dung, and having pJaced the psrformer of tho ordesl with hiB
f!rCB towardB the Sun, and performing the rit,nal ending with the placing of
the' docliment on' the head, and after oif.rin!! worsbip to the stern deitie"
bath-water' taking three hannt'uls or water aDd
1. "Thill is the in . Vi"'fllitroaaya. The
r,.d, <i'!l''!'
Viramltrodaya, Ii: MiUk!hm'[';"'Vi" CalamitieB.
971
addressed it: "0 Water tbon art ...... of tbe sentint beings &0." ......
"0 VaTUJ;l . , protect me bytrntb", be (the Ohief Judge) ahonldcause
the, performer of tbe ordeal to drink, (112-113).
Tbua ends. tbe ordeal of Kosa.
S'tilapa'(li.
N ow the Author states the ordeal of koso
Yajiiavalkya, Verse 112.
, ,
5
Having respectfully offered worship to stern deities, and having
brought their bath-water, and after repeating the offence charged against
himself, with face turned towards them, he should take threehandfulls of 10
the water. Pitamaha states a special rule: "Of that deity of whom the
particular mau is a devotee, he should be made to drink the water. In
the absenoe of any particular deity, he should be made to drink the water
of Aditya. Within fourteen days' interval if no dire calamity .from the
king or fate occur to him, he should be declared to be innocent without 15
doubt," 'Calamity/ i.e. a.n accident. 'Dire,' .e. causing extreme pain. The
rest is plain. Pitamaha: "If within three nights", or 'within seven
nights. or within twice BBven da.ys, any misfortune is seen to occur
to a mau, such a one is a sinner." If B! calamity due to
fate occurs within three weeks, the aooused should be compelled :to pay 20
the amount, and also a fine. Not of himself only, but if it occurs. to' his
relatives, such as a disease, fire, death of " kinsman, he should be
compelled to pay the amount and a penalty. A wasting disease,
diarrhoea, erruptions, pain in the palate and joints, eye disease, throat
disease, and the colic pains are regarded as divine calamities for men." 25
Thus ends the ordeal by
OTHER ORDEALS.
The five principal ordeals beginuing with the Balance and
ending with the Kosi a, have been expounded,!as proposed, by the 'Lord
or the Yogis. 30
" Other ordeals have been mentioned in another having
a reference' to petty complaints, as "'ys.
Rice. Pitama,ha,2: "Now' I proclaim ,ithe . rule.
regarding the grains, DE rice,w;hich hBtve;"tobe'
chewed (by the party). [his rice ordeal should. be, adlIlinis:tered in 35
1. Verses 456-458.
2. if. Also Oh,1. 337 -342.
9702
. The Ricc.
[
Ydjilaval.kyri
Other
cases of larceny , but on no other occasion whatsoever; this iBcertain.
Let the judge who must have cleansed himself previously, use white
grains of rice, and not of any other (COl'll), and let him place the
same in an earthel'll vessel in the sight of the Sun. After having
5 mixed them with water used for the bath (of the image of the Sun),
he shall cause it to remain there. (In the next morning) one who
has observed a fast and has bathed, on whose head the document
containing the complaint .has been placed, and who is seated facing
to.wards the East, should be asked to chew the rice-grains and then
10 to spit (the same) on II leaf of the holy fig tree and of none else,
Bnd when that is not available then on a leaf of a birch tree. He
whose blood ismes forth, or whose chin or palate becomes rotten, or
the limbs shake, must be pronounced guilty. "
The Chief Judge should cause one on whose head tlie
15 documeu"t containing the complaint has been placed to chew the
dee grains and to spit.
20
The "having caused to chew" is gerundial. The
general procedure which.is common to all ordeals viz. the invocation
oEDharma &c. should be followed here also.
Thus ends the Ordeal of Rice.
The ordeal of tbe heated Mftha has been described by
Pit.mllihlli thus: "A circular pot measuring
Heated Mashs sixteen angulas with a depth of four ungulas
should be made either of gold, silver, copper, or
25 of earth,. of. circular size. And the same should" be filled with
clarified butter or oil weighing twenty palas, and then when this is.
heated well, B gold mfiha should be thrown into it. He (i. e. the
person performing the ordeal) should raise the heated mft'iha by
means of .theforefiuger and one or two fingerdnear it. He who
30 does not shake his fiugers, or on whom no boil is produced, is deemed
under the la wto be innocent since his hand and fingers were
"unaffected. By the expression 't should raise" is meant simply
picking up from the vessel alld not" thrQwiQg oqt "t
,
Ydjiza.alkyd J.
Ordeals.
Another process :-" The Judge after he. ving cleansed
Page 72.
himself, should throw clarified butter of the cow
into a goldeu, silver, copper, iron, or earthen
vessel, and should heat the same on fire. He
shall then throw into it a polished coin bearing an impression and
made either of gold, silver, copper, or iron. The pot (which has been
heated to boiling) in which waves and circles are rolling and rising
up, and which is inclpable of being touched even at the nailpoints
(of the fingers,) he should test it by means of a green leaf (being
clipped into it) and thus prodncing a crisping' sound. And then he
should address it by the following mantra viz: "0 clarified butter
thou art the purest of all things, thou art the ambrosia at a sacrifice.
Burn this man, 0 purifier, if he is guilty, and be as cold as ice if
973
5
,
10
he is innocent." He should cause the coin lying in the c1arifi.ed.
butter to be caught by tl!e person (wishing to .perform the ordeal) M
who has observed a fast, and who has then bathed and has
wet clothes on. The umpires should then examine his forefinger.
He on whom no boils are seen is to be considered innocent,
otherwise he is guilty". Here also should be observed the ceremony
of invoking the Dharma &c. The address to the clarified butter is to 20
be by the Chief judge; the mantra to be addressed by the performer
of the ordeal is "0 fire thon art of all sentiet beings &c.', From the
text "they should examine the forefinger," the picking up of the
coin is to be made by the forefinger only.
Thus ends the Ordeal of the heated Maha.
25
The ordeals of the DharmEl aud Adharma have been mentioned
by Pitamaha thus: "Now I shall describe
Dharma and the test by Dharma and Adharma. in the case.
Adharma. of men who are guilty of. assault, who are
pressed for payment, and those who desire pO
to perform. the expiatory ceremony." Guilty oj assault.1 e:
in charges of assault. Who are pressed Jor payment i. e. in money
claims. Who desire to perform ane[1;piatory ceremony i. e .. ,.in
1. ~ q n \ is the particulllr sound which is produced at the combination
of fire and water c/o the Morathi ~ ' ., .'/
,5
Yo
-and Adharma.
[.
Ydjiiavalk. Y." ,
Otlu,r.
acetiilatlonB:',ohins. : The rule BS to the image is this' (image
of: ,ther, Dhartnll should be caused to be made of while that oE
Adharma '.either of lea<!1 or of iron'!']"
: ,,' 'He mentions Anilther Course: "(The images of) Dhar,ma
- (j/ -' >,",! .,.:, , : .",
[IUd in white and black (re"pectively) OIl the
leaof sbitch-tr'ee'or Having anointed the,Bame by means of
thePanchngit"'ya
'
he worship them with sandei-pasta and flowers:
the''Dliarmanaving fl()werR, while the Adharma having black'
on:' Ttii'iS\tribirlted, the two should be placed oil two balls. The
ba'n{J!:Ibul4,be either oE cow-dung liE eartb, and should be
placed an earthern pot whicb is unbroken, and (the' pot)
sl)lmld be, front oE tbeGods and the Bl'1i\1muQas on a spot
bEler{ and cleaned. Then, as mentioned before, the
guardian :Deities che sbould invoke, and after invoking Dharma, be
15 containing the complaint.! "If I am free
ficHn guilt, let'the image of Dharma come up into my hand, aud iE I am
gbltiy' let' the image o[ come in accordance with the law."-thus
shal1''thil 'acClHed address.' "Tbenthe accused ahaH forthwith' take
20
',I,'
25
one" Ql' I the (images). . If he takes the image oE Dharma he is
be'im:ioceOt, if oE Adharma he is (considered to be,
defeated;, Thus has heen descrihed in snort the ordeal by the Dharma
anI! .1 ., I " , .;
:'i.J .;.,) U;j , . :-: . , -;11:,. " : _ . ; -,'
" Thus ends the Ordeal of Dharma and Adharma. .
. -- ..' .\"
.-: ,
Otbers 'also viz oaths, have been meutioned by Manu
j
and
.. .' others as being applicable according to the greater
.. Olitn.j.: .... ,," or 1essvalue of the amount, as also having a
""',' ,.:, 'c,:' , ' reference to 'particular caste, thus! "In the of
of HIe subject J:[jatter is) a there shpuld be an
affirmation on oath; iu the ea'se of two Nihlcas, tbe tonchiug of the
for less than three,an oath by the meritorious need,; and,
after th'at'the drinking of the Kosta water. "Let the ,Judge) cause
.,'" ,. ,
"L is. a.spBci,!:!,l, combination prepared by together the
._. milk, eu-rds, butter, the urine, and the--dung, all-pertaining
to"i"cow;"and hence ( it i. ) 'called q'''!I!OJ<,
2. Oh. VIII 113-114.
]
Ordeals.

975
, Brfi:[1maJ:;ta to be sworn by his veracity, a by his chariot
Ir the animal he rides on and by his weapOllF, a Vais'ya by his kine,
(rain aud gold, and a S' udra by (the imprecation of) all the heinous
, liDS,"
Here, moreover, the index of the innocence has heen given by 5
M:anu
'
-vio.: "He who meets with no speedy misfortune, must be
Ield innocent on (the strength of) his oath." The misfortune also
lUS been stated above in the text
2
: "On whom no calamity falls
by the act of God or that of the king" The rule as to the
:luration of time als:) should be observed to be to commence from one 10
night and to extend to three nights, commencing from the third night
.,nd extending as far as the fifth night, or of one night &c., after
determining the importanc" or pettiness of the c,se in hand. The
penalty also has been mentioned by Katyaya.na,' when thns tbe
mccess Or defeat of a party has been determined by means of ordeals, 15
"The innocent shonld be caused to be paid half of a hundred
and the guilty becomes liable to punishment." He' mentions the
penalty: "In the case of the ordeal of poison, water, fire, halanoe,
leoi a, and rice, as also in the ordeal of the heated the penalty
should be determined reRpectively as follows :-viz. one thousand, six 20
hundred, and five hundred, four, three, two, and one hnndred,
respectively; the Jesser form to be selected in the case of pettier
offences." By reason of tbe text
5
-"Wben upon a denial, a claim is
proved, he should pay (the amount)" &c. in which a penalty has been
mentioned, this penalty under the (law of) ordeals comes to be 25
an addition (to it).
Thus ends the chopter on Ordeals.
Viramitrodaya.
Now in tbe case of petty acell,"lio"" the four ordeals Blleh as the 30
Rice and the rest, not portieularly Btated by the Author of the Wark,
!lore being Bt.at.ed. ThuB Pitamaha (sl1me aB on p. 971 lines 34-35
RDfi p. 972 11. 1-13 lioeR above). Here, moreover, the invocation
1. Oh. VIII. 115. 2. Yaj II 113 See p. 969 above.
3. Ver8C, 4.59. 4. Ktl.tyanD. .. Verses 460, 4tH,
5. Yaj. n. 11. Bee above p. GSG. II. 33-34.
44
976
Virnmltrodoyn-The, Ricc, Ploughshare,
[
Y c'1.jiuLvaZkya
Other
of the Dharma and the otber procedure Bbould be underBtood
to be for the three (ordeal.) which will be Btated hereafter.
Moreover, "A pot made either of gold, or of Bilver, or of'copper, or even
of earth, with n. depth of four augulas and measuring sixteen o,ngu188 and
5 of a circul.r Bhape, he Bhould fill with clarified butter and oil
weighing twenty palas, and after it iB hailed to a heat, a gold
mil?lla, Bhould be thrown into it. He Bhould take out the heated
by joining the thumb and a finger. He who does not shake
the forefront of his hand or on whom no eruption has been produced,
10 is deemed under the law to be innocent, since his bond anr! the fiogers
were UDllffecteri." i.e. n circle; uddharet, 'tflke ont', .e. tt.ke
outside (tbe pot).
Brhaspatil: " Iron twelve palas in weight. formed into shape is
called a' plongh-share ; it Bhould be eight angulas in length and four
15 angulaB in breadth. That (plongh share) having he en mads red-hot in
fire, the thief Bhould lick it Once with hiB tongue. If he remainB
nnscorched, he obtains an acquittal; otherwise, however, he IOBeB
his CIlUSS."
Pitamaha describes the ordeal of Dharma (Bee above p. 973
20 ll. 27-33 and p. 9741I. ]-22).
Now the Oaths. There Manu': "A Judge shonld swear a
Bral;tma"a by the truth; a by hiB vehicle and weapons; a
V.isya by the kine, seedB and gold; while a SUdra with all the sins; or
these Bhould be maie to touch the heads of their sons and wives."
" Should this have been committed by me, tben t.he sin generated
by the transgression nf truth soollld be mine", thus a Brl1l;tma". shoulel be
mad. to say. "Should this harm have been done by me then my
conveyances and arms may become unfruitful', tbus "hould a
be made to declare; and 80 on further.
30 Halayndha Btates the meaning of this text in Bnb,tance to be
thUB: "Thi. is true,' thos a Brahmana should be made to affiirm; a
Ksbatriya sbould be m.de to tbe couveyance .ud weapnns;
a Vais'ya should be made to tnuch tbe cow &c. and the sin which is
generated by falBe oaths, with that be shonld enjoin a S'ndra
35 fal.ifying an oath. All .hould be made to do as Btated belore".
B,haspati' : "Truth, a vehicle, weapons, COWB, seed, and gold; the
feet of the Gods or of the Br!1l;tma"as, t.he heods of BonB nr wives; these
1. Oh. X. 2 B, 29. 2. Oh. VIII. 114, 115.
3. Oh. X, 6, 7.
Ydj'iiavallaya ]
Ordeals.
Virnmitrodnyn & S'lilopnQi-Exccptions in Oaths.
977
are stated to be for oaths by Manu in small matters". Here, as an
oatb is dietinct from an ordeal, there is no faBting &c., but ouly bathing
and sipping water.
S'ankha: "The staking of tbe merit generated by pious' and
charitable deeds &c., aud sbould also caUBe other oaths to be taken." 5
Manu' : "Doe flLlsifyiog an oat.h perisbes here and after
death. In connection wit.h amorous women, in regard to marriages,
ill the feeding of cows, as also regarding fuel, ana fo1' protecting 8
Bralfmsl)a, by taking a falBe oat.h, there is no siu". 'In connection
with amorous women' i. B. io priva.te, for keeping the woman pleased. 10
'In murringe' i. e. by women for the hushand. For the feeding of the
Oows, fuel, fot the performance of the daily oblation; also for the saving
of the life of a Brftlfmal)1, a cow &c., even by a f"ise oatb, no sin is
incurred. This iF! the meaniag.
Here in the Oommentary on Srimat Yl1jiiavalkya
ends the Obapter on Ordeals
S 'iila palli.
15
In the course of the disoussion are mentioned the Rice, &c. Here
Pitamaba: "In the case of theft the rice should be administered, and not
elsewhere; this is certain. Pnre rice shonld be oaused to be prepared 20
from paddy grains and not of any other. In un earthen pot one sbould
plaoe it in front of Aditya, after having purified oneself. These should be
mixed with the bath water; at night he should be made to stay there. In
the early dawn. it should be given to the performer, with hie face towards
tbe Sun. After ohewing the rioe he sbould be made to emit on a leaf three 25
times. He whose blood appears to ooze, or tbe tooth-row is affeoted
with pain; one whose limb gets a shake, suoh a one the Judge ebould
declare as not innocent."
N ow the ordeal of the Heated Masha.
One should oause to be made an iron vessel, or one of copper of 30
sixteen anon!.as, and of four anglllas (in depth) or of earth eitber, of a
ciroular shape; and ehould fill it witb clarified butter and oil of the
quaotiLy of twenty palas; when it ie well boiled, one should throw a gold
1. and charitable deeds such as performing sacrifices,
tanks, etc. aee p. 806. n. 2 above.
2. Oh. VIII. 112, 113
978
S'ulnpllQ.i-Dhul'ma,ia u1Zd Oaths.
[

Other ordeals.
in it. He should take out the heated with the fore-finger and
another finger joined together. Where neither the forepart of the hand is
burnt, nor a boil appears, Buch a one is regarded as innocent according to
law, as is the text of Pitamaha. Yiavt;lala, ' a circle '.
5 N ow the ordeal of the Plough share-Phala (same as in the
Viramitrodaya at p. 976, above ).
N ow the ordeal about Dharmaj a-Result of Dharma.
There B,haspati': "On th.leaves should be painted (the images of)
Dharma and Adharama in black and white colour, (respectively). Then
10 they shonld be invoked with the Manlras inducing vitality and others,
as also with tbe Gayatri and Sarnas. Tbereafter one should offer worship
with sandal paste, and fiowers, also white [lnd dark. Having sprinkled
with the five bovine products, and enclosed in balls made of earth, baving
made (them) equal in size. these should be placed unobserved in a new jar.
15 Thereafter the performer of the ordeal sbould take one ball out of .
the vessel when asked (by the Judge). If Dharma is taken, he is
acquitted; otherwise he is declared guilty".
Thus ends the ordeal of Dharmaja.
Now the Oaths :Narada':" Truth, the conveyances and weapons
20 cows, seeds and gold, the ()f 'the ,mci of the BraJ:tmauas; and
meritorious acts as may have been performed. These have beeD stated as
(the objects for) oaths by Manu in small matters".
Also Manu': "By the truth should a Brahmaua be affirmed; ,a
Kshatriya. by the conveyances and weapons: with the cows, seeds, and
25 gold,!1 Vais'ya; while a Sudra with (the imprecation ofl all the sins ". (113)
Thus ends the Ohapter on Ordeals.
1. Oh. X. 30-34.
2. This is not found in NIirada. But see Brhnspati X. 67.
3. 011. VIII. 173.