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Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya

RITUAL AND MORAL CONDUCT.[10]

W. A. (William Austin) Montriou translation

RITUAL AND MORAL CONDUCT.[10]

1. The Munis[11] after adoration to Yájnavalkya, lord of Yogís,[12] thus addressed him:

Reveal to us the several duties of the casts, of the orders,[13] and of the others![14]

2. The prince of the Yogís, who then abode in Mithilá, meditating for a moment, said to the Munis: Hearken to the rules of duty in the country of the black antelope![15]

3. There are fourteen repositories[16] of the sciences and of law; the four Vedas together with the Puráṇas, the Nyáya, the Mimánsá, the Dharma Śástras, and the six Angas.[17]

4. Manu, Atri, Vishṇu, Háríta, Yájnavalkya, Uśanas, Angiras, Yama, Ápastamba, Sanvarta, Kátyáyana, Brihaspati,

5. Paráśara, Vyása, Śankha, Likhita, Daksha, Gautama, Śátátapa, and Vaśishṭha,[18] are they who have promulgated Dharma Śástras.

6. When a gift is made, in due season, place and manner, in good faith and to a fit person—all this gives the idea of Law.

7. The Śruti, the Smriti,[19] the practice of good men, what seems good to one's self,[20] and a desire maturely considered—these are declared to be the root[21] of Law.

9. Four learned in the Vedas and in the Law form a Court, or Traividya.[22] Whatever is declared by this [Court], or by a single person who has, in an eminent degree, knowledge of the soul in its relations[23]—the same should be [held as] Law.

10. Bráhmaṇs, Kshattriyas, Vaisyás and Śúdrás are the casts: of them the three first are twice-born; all their rites, commencing with the procreative rites, and ending with those [which are gone through] where the corpse is disposed of,[24] are with Mantras.[25]

14. In the eighth year from conception, or in the eighth [of birth],[26] the investiture[27] of the Bráhmaṇ [takes place]; of Rajas[28] in the eleventh; of Vaisyás in the twelfth: some [have said, this varies] in accordance with [the usage of] the family.

39. Bráhmaṇs, Kshattriyas, and Vaisyás are born, first, of their mothers, and, a second time, by the girding on of the sacred thread—therefore are they declared to be twice-born.

116. [Men] are to be honoured in the gradation following,—in respect of learning, conduct, years, family, property. Even a Śúdrá, if he excel in these respects, is in old age worthy of honour.

326. The monarch, at his rising [from the night's repose], having seen to the [general] safety, shall himself inspect the [account of] revenue and disbursements; he shall then adjudicate law-suits; after which, having bathed,[29] he may, at his pleasure, take his meal.[30]

342. Of a newly subjugated territory, the monarch shall preserve the social and religious usages, also the judicial system and the state of classes as they already obtain.[31]

352. A ruler, a minister, people, a stronghold, treasure, [power of] punishment, and allies—because these are its elements, a realm is called seven-limbed.

353. When possessed of this, let a monarch cause punishment to fall on the guilty; for, of old, justice was created by Brahmá under the form of punishment.[32]

357. A brother even, or a son, any one to whom respect is due, a father-in-law or maternal uncle, if he transgress, is not to go unpunished by the monarch.

358. The monarch who punishes such as deserve punishment, who slays such as deserve death: he is as one who has made many sacrifices with valuable offerings.[33]

359. Every day should the monarch, pondering on his reward (such as sacrifices gain), himself investigate law-suits in their order with the judges around him.

360. The monarch, always duly correcting [those among] the casts, the mixed classes, the guilds, the schools[34] [of the learned], and the people [in general], who have deviated from their duty, should set them in the [right] path.

361. A particle of dust in the sunbeams, as they shine through a window, is held to consist of three atoms; eight of those [particles] are equal to a poppy seed, of which three are equal to a black mustard seed;

362. Three of these to a white mustard seed, three of these to a barley seed of middle size, three of these to a Krishṇala berry,[35] five of these to a Másha,[36] sixteen of these to a Suvarṇa.[37]

363. A Pala is four or five[38] Suvarṇas. Two Krishṇalas are a silver Másha; sixteen of the latter, a Dharaṇa.

364. A Śatamána and a Pala are each equal to ten Dharaṇas: a Nishka is four Suvarṇas: a copper Paṇa is of the weight of a Karsha.[39]

365. One thousand and eighty Paṇas is declared the highest fine; half of that amount the medium fine; and half of this the lowest fine.

366. Reproof, words of ignominy, fine, and death,[40] shall be administered, singly or together, according to the crime.[41]

367. [The monarch] having informed himself of the crime, the place where, and the time when [committed], the strength [of the criminal, his] age, calling, and means, shall cause punishment to fall upon the guilty.[42]

∵ The foregoing extracts, it will have been observed, are of general application, and do not refer to any part of the law in detail. Several slokas in the first book, however, and some in the third, do refer to and affect the details of law, which are the proper subject of the second book, where therefore they are inserted, according to their subject.

FOOTNOTES:

Notes in this chapter

Note 1 · This is the general subject and title of the first book; but the following slokas are selected as introductory of and with reference to civiNote 2 · Pre-eminent, divine sages; probably the great Rishis, the first-created of Brahmá, mentioned in the opening verse of Manu. In the third bookNote 3 · These (according to Hindu notions) have withdrawn their senses from external things by, as it were, mental concentration, fixing the thoughtNote 4 · viz.—the brahmachári, the student of the Vedas, the grihastha, the head of a family. the vánaprastha, who has retired from active life, to tNote 5 · i. e. the mixed casts. (M.)Note 6 · Manu, ch. 2, sl. 23.Note 7 · The Commentator explains this by a word which signifies cause or source.Note 8 · IV. Vedas, of which there are four, each being divided into sanhitá and bráhmaṇa. V. Puráṇas, these (of which there are 18) treat of the oriNote 9 · To these twenty many others have to be added, Nárada, &c.: see Introduction.Note 10 · Śruti are the Vedas; Smriti, the Dharma Śástras: such is the definition of Manu, ch. 2, sl. 10.Note 11 · The Commentator qualifies this indefinite source of law, as applicable only where two or more lawful alternatives are presented.Note 12 · Further explained by the Commentator, the evidence or proofs of law; and he adds, the several proofs mentioned, where they clash, are of weiNote 13 · Which means, having knowledge of the three Vedas. See Manu, ch. 12, sl. 110 to 113.Note 14 · To explain or enlarge upon this metaphysical phrase would be out of place in the present work. The curious student can refer to the UpanishaNote 15 · Which, in the time of our author, meant, the place of cremation. In the third book, sl. 1, 2, Yájnavalkya says:—A child under two years of aNote 16 · Texts of the Vedas to be recited on solemn occasions. See analogous passage, Manu ch. 2, sl. 16.Note 17 · So we supply the hiatus in the text, in conformity with the opinion of the Commentator. Manu makes no allusion to the alternative, ch. 2, slNote 18 · Induction into the character and privileges of his cast, by means of the sacred thread.Note 19 · who, being Kshattriyas, here represent the cast.Note 20 · at mid-day. (M.)Note 21 · Manu ch. 7, sl. 216.Note 22 · ibid, 201 et seq.Note 23 · ibid, 13, 41.Note 24 · Manu ch. 8, sl. 306.Note 25 · The Commentator explains the general expression here used by the word haituka, of which one meaning is that given in the text, but it also sNote 26 · retti or gunja, a shrub bearing a small red and black berry. Wilson.Note 27 · A sort of kidney bean, phasealus radiatus. Wilson.Note 28 · About 176 grains Troy weight. Wilson.Note 29 · Manu says four.Note 30 · These tables of weight, as further explained by the Commentator, may be given thus: 3 Atoms = 1 Mote. 8 Motes = 1 Poppy seed or a nit. 3 PopNote 31 · The Commentator remarks, that this includes every kind of corporal punishment.Note 32 · Manu, ch. 8, sl. 129, 130.Note 33 · ibid, sl. 126, also ch. 7, sl. 16. In the last passage, Sir Wm. Jones has added to the term, strength, his own; this we consider to be an er
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