CHAPTER VIII.(420)
1. A king, desirous of investigating law cases, must enter his court of justice, preserving a dignified demeanour, together with Brahmanas and with experienced councillors.
2. There, either seated or standing, raising his right arm, without ostentation in his dress and ornaments, let him examine the business of suitors,
3. Daily (deciding) one after another (all cases) which fall under the eighteen titles (of the law) according to principles drawn from local usages. and from the Institutes of the sacred law.
4. Of those (titles) the first is the non-payment of debts, (then follow), (2) deposit and pledge, (3) sale without ownership, (4) concerns among partners, and (5) resumption of gifts,
5. (6) Non-payment of wages, (7) non-performance of agreements, (8) rescission of sale and purchase, (9) disputes between the owner (of cattle) and his servants,
6. (10) Disputes regarding boundaries, (11) assault and (12) defamation, (13) theft, (14) robbery and violence, (15) adultery,
7. (16) Duties of man and wife, (17) partition (of inheritance), (18) gambling and betting; these are in this world the eighteen topics which give rise to lawsuits.
8. Depending on the eternal law, let him decide the suits of men who mostly contend on the titles just mentioned.
9. But if the king does not personally investigate the suits, then let him appoint a learned Brahmana to try them.
10. That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing.
11. Where three Brahmanas versed in the Vedas and the learned (judge) appointed by the king sit down, they call that the court of (four-faced) Brahman.
12. But where justice, wounded by injustice, approaches and the judges do not extract the dart, there (they also) are wounded (by that dart of injustice).
13. Either the court must not be entered, or the truth must be spoken; a man who either says nothing or speaks falsely, becomes sinful.
14. Where justice is destroyed by injustice, or truth by falsehood, while the judges look on, there they shall also be destroyed.
15. 'Justice, being violated, destroys; justice, being preserved, preserves: therefore justice must not be violated, lest violated justice destroy us.'
16. For divine justice (is said to be) a bull (vrisha); that (man) who violates it (kurute 'lam) the gods consider to be (a man despicable like) a Sudra (vrishala); let him, therefore, beware of violating justice.
17. The only friend who follows men even after death is justice; for everything else is lost at the same time when the body (perishes).
18. One quarter of (the guilt of) an unjust (decision) falls on him who committed (the crime), one quarter on the (false) witness, one quarter on all the judges, one quarter on the king.
19. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are saved (from sin); the guilt falls on the perpetrator (of the crime alone).
20. A Brahmana who subsists only by the name of his caste (gati), or one who merely calls himself a Brahmana (though his origin be uncertain), may, at the king's pleasure, interpret the law to him, but never a Sudra.
21. The kingdom of that monarch, who looks on while a Sudra settles the law, will sink (low), like a cow in a morass.
22. That kingdom where Sudras are very numerous, which is infested by atheists and destitute of twice-born (inhabitants), soon entirely perishes, afflicted by famine and disease.
23. Having occupied the seat of justice, having covered his body, and having worshipped the guardian deities of the world, let him, with a collected mind, begin the trial of causes.
24. Knowing what is expedient or inexpedient, what is pure justice or injustice, let him examine the causes of suitors according to the order of the castes (varna).
25. By external signs let him discover the internal disposition of men, by their voice, their colour, their motions, their aspect, their eyes, and their gestures.
26. The internal (working of the) mind is perceived through the aspect, the motions, the gait, the gestures, the speech, and the changes in the eye and of the face.
27. The king shall protect the inherited (and other) property of a minor, until he has returned (from his teacher's house) or until he has passed his minority.
28. In like manner care must be taken of barren women, of those who have no sons, of those whose family is extinct, of wives and widows faithful to their lords, and of women afflicted with diseases.
29. A righteous king must punish like thieves those relatives who appropriate the property of such females during their lifetime.
30. Property, the owner of which has disappeared, the king shall cause to be kept as a deposit during three years; within the period of three years the owner may claim it, after (that term) the king may take it.
31. He who says, 'This belongs to me,' must be examined according to the rule; if he accurately describes the shape, and the number (of the articles found) and so forth, (he is) the owner, (and) ought (to receive) that property.
32. But if he does not really know the time and the place (where it was) lost, its colour, shape, and size, he is worthy of a fine equal (in value) to the (object claimed).
33. Now the king, remembering the duty of good men, may take one-sixth part of property lost and afterwards found, or one-tenth, or at least one-twelfth.
34. Property lost and afterwards found (by the king's servants) shall remain in the keeping of (special) officials; those whom the king may convict of stealing it, he shall cause to be slain by an elephant.
35. From that man who shall truly say with respect to treasure-trove, 'This belongs to me,' the king may take one-sixth or one-twelfth part.
36. But he who falsely says (so), shall be fined in one-eighth of his property, or, a calculation of (the value of) the treasure having been made, in some smaller portion (of that).
37. When a learned Brahmana has found treasure, deposited in former (times), he may take even the whole (of it); for he is master of everything.
38. When the king finds treasure of old concealed in the ground let him give one half to Brahmanas and place the (other) half in his treasury.
39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of (his giving) protection, (and) because he is the lord of the soil.
40. Property stolen by thieves must be restored by the king to (men of) all castes (varna); a king who uses such (property) for himself incurs the guilt of a thief.
41. (A king) who knows the sacred law, must inquire into the laws of castes (gati), of districts, of guilds, and of families, and (thus) settle the peculiar law of each.
42. For men who follow their particular occupations and abide by their particular duty, become dear to people, though they may live at a distance.
43. Neither the king nor any servant of his shall themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man).
44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts).
45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the witnesses, to the place, to the time, and to the aspect.
46. What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not opposed to the (customs of) countries, families, and castes (gati).
47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due).
48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay.
49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force.
50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own.
51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt to the creditor and a small fine according to his circumstances.
52. On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence.
53. (The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statements (are) confused or contradictory;
54. Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it;
55. Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court);
56. Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit.
57. Him also who says 'I have witnesses,' and, being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited.
58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fortnights, he has lost his cause.
59. In the double of that sum which (a defendant) falsely denies or on which (the plaintiff) falsely declares, shall those two (men) offending against justice be fined by the king.
60. (A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the presence of the Brahmana (appointed by) the king.
61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence).
62. Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaisyas, or Sudras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency.
63. Trustworthy men of all the (four) castes (varna) may be made witnesses in lawsuits, (men) who know (their) whole duty, and are free from covetousness; but let him reject those (of an) opposite (character).
64. Those must not be made (witnesses) who have an interest in the suit, nor familiar (friends), companions, and enemies (of the parties), nor (men) formerly convicted (of perjury), nor (persons) suffering under (severe) illness, nor (those) tainted (by mortal sin).
65. The king cannot be made a witness, nor mechanics and actors, nor a: Srotriya, nor a student of the Veda, nor (an ascetic) who has given up (all) connexion (with the world),
66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden occupations, nor an aged (man), nor an infant, nor one (man alone), nor a man of the lowest castes, nor one deficient in organs of sense,
67. Nor one extremely grieved, nor one intoxicated, nor a madman, nor one tormented by hunger or thirst, nor one oppressed by fatigue, nor one tormented by desire, nor a wrathful man, nor a thief.
68. Women should give evidence for women, and for twice-born men twice-born men (of the) same (kind), virtuous Sudras for Sudras, and men of the lowest castes for the lowest.
69. But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties.
70. On failure (of qualified witnesses, evidence) may given (in such cases) by a woman, by an infant, by an aged man, by a pupil, by a relative, by a slave, or by a hired servant.
71. But the (judge) should consider the evidence of infants, aged and diseased men, who (are apt to) speak untruly, as untrustworthy, likewise that of men with disordered minds.
72. In all cases of violence, of theft and adultery, of defamation and assault, he must not examine the (competence of) witnesses (too strictly).
73. On a conflict of the witnesses the king shall accept (as true) the evidence of the) majority; if (the conflicting parties are) equal in number, (that of) those distinguished by good qualities; on a difference between (equally) distinguished (witnesses, that of) the best among the twice-born.
74. Evidence in accordance with what has actually been seen or heard, is admissible; a witness who speaks truth in those (cases), neither loses spiritual merit nor wealth.
75. A witness who deposes in an assembly of honourable men (Arya) anything else but what he has seen or heard, falls after death headlong into hell and loses heaven.
76. When a man (originally) not appointed to be a witness sees or hears anything and is (afterwards) examined regarding it, he must declare it (exactly) as he saw or heard it.
77. One man who is free from covetousness may be (accepted as) witness; but not even many pure women, because the understanding of females is apt to waver, nor even many other men, who are tainted with sin.
78. What witnesses declare quite naturally, that must be received on trials; (depositions) differing from that, which they make improperly, are worthless for (the purposes of) justice.
79. The witnesses being assembled in the court in the presence of the plaintiff and of the defendant, let the judge examine them, kindly exhorting them in the following manner:
80. 'What ye know to have been mutually transacted in this matter between the two men before us, declare all that in accordance with the truth; for ye are witnesses in this (cause).
81. 'A witness who speaks the truth in his evidence, gains (after death) the most excellent regions (of bliss) and here (below) unsurpassable fame; such testimony is revered by Brahman (himself).
82. 'He who gives false evidence is firmly bound by Varuna's fetters, helpless during one hundred existences; let (men therefore) give true evidence.
83. 'By truthfulness a witness is purified, through truthfulness his merit grows, truth must, therefore, be spoken by witnesses of all castes (varna).
84. 'The Soul itself is the witness of the Soul, and the Soul is the refuge of the Soul; despise not thy own Soul, the supreme witness of men.
85. 'The wicked, indeed, say in their hearts, "Nobody sees us;" but the gods distinctly see them and the male within their own breasts.
86. 'The sky, the earth, the waters, (the male in) the heart, the moon, the sun, the fire, Yama and the wind, the night, the two twilights, and justice know the conduct of all corporeal beings.'
87. The (judge), being purified, shall ask in the forenoon the twice-born (witnesses) who (also have been) purified, (and stand) facing the north or the east, to give true evidence in the presence of (images of) the gods and of Brahmanas.
88. Let him examine a Brahmana (beginning with) 'Speak,' a Kshatriya (beginning with) 'Speak the truth,' a Vaisya (admonishing him) by (mentioning) his kine, grain, and gold, a Sudra (threatening him) with (the guilt of) every crime that causes loss of caste;
89. (Saying), 'Whatever places (of torment) are assigned (by the sages) to the slayer of a Brahmana, to the murderer of women and children, to him who betrays a friend, and to an ungrateful man, those shall be thy (portion), if thou speakest falsely.
90. '(The reward) of all meritorious deeds which thou, good man, hast done since thy birth, shall become the share of the dogs, if in thy speech thou departest from the truth.
91. 'If thou thinkest, O friend of virtue, with respect to thyself, "I am alone," (know that) that sage who witnesses all virtuous acts and all crimes, ever resides in thy heart.
92. 'If thou art not at variance with that divine Yama, the son of Vivasvat, who dwells in thy heart, thou needest neither visit the Ganges nor the (land of the) Kurus.
93. 'Naked and shorn, tormented with hunger and thirst, and deprived of sight, shall the man who gives false evidence, go with a potsherd to beg food at the door of his enemy.
94. 'Headlong, in utter darkness shall the sinful man tumble into hell, who being interrogated in a judicial inquiry answers one question falsely.
95. 'That man who in a court (of justice) gives an untrue account of a transaction (or asserts a fact) of which he was not an eye-witness, resembles a blind man who swallows fish with the bones.
96. 'The gods are acquainted with no better man in this world than him, of whom his conscious Soul has no distrust, when he gives evidence.
97. 'Learn now, O friend, from an enumeration in due order, how many relatives he destroys who gives false evidence in several particular cases.
98. 'He kills five by false Testimony regarding (small) cattle, he kills ten by false testimony regarding kine, he kills a hundred by false evidence concerning horses, and a thousand by false evidence concerning men.
99. 'By speaking falsely in a cause regarding gold, he kills the born and the unborn; by false evidence concerning land, he kills everything; beware, therefore, of false evidence concerning land.
100. 'They declare (false evidence) concerning water, concerning the carnal enjoyment of women, and concerning all gems, produced in water, or consisting of stones (to be) equally (wicked) as a lie concerning land.
101. 'Marking well all the evils (which are produced) by perjury, declare thou openly everything as (thou hast) heard or seen (it).'
102. Brahmanas who tend cattle, who trade, who are mechanics, actors (or singers), menial servants or usurers, the (judge) shall treat like Sudras.
103. In (some) cases a man who, though knowing (the facts to be) different, gives such (false evidence) from a pious motive, does not lose heaven; such (evidence) they call the speech of the gods.
104. Whenever the death of a Sudra, of a Vaisya, of a Kshatriya, or of a Brahmana would be (caused) by a declaration of the truth, a falsehood may be spoken; for such (falsehood) is preferable to the truth.
105. Such (witnesses) must offer to Sarasvati oblations of boiled rice (karu) which are sacred to the goddess of speech, (thus) performing the best penance in order to expiate the guilt of that falsehood.
106. Or such (a witness) may offer according to the rule, clarified butter in the fire, reciting the Kushmanda texts, or the Rik, sacred to Varuna, 'Untie, O Varuna, the uppermost fetter,' or the three verses addressed to the Waters.
107. A man who, without being ill, does not give evidence in (cases of) loans and the like within three fortnights (after the summons), shall become responsible for the whole debt and (pay) a tenth part of the whole (as a fine to the king).
108. The witness to whom, within seven days after he has given evidence, happens (a misfortune through) sickness, a fire, or the death of a relative, shall be made to pay the debt and a fine.
109. If two (parties) dispute about matters for which no witnesses are available, and the (judge) is unable to really ascertain the truth, he may cause it to be discovered even by an oath.
110. Both by the great sages and the gods oaths have been taken for the purpose of (deciding doubtful) matters; and Vasishtha even swore an oath before king (Sudas), the son of Pigavana.
111. Let no wise man swear an oath falsely, even in a trifling matter; for he who swears an oath falsely is lost in this (world) and after death.
112. No crime, causing loss of caste, is committed by swearing (falsely) to women, the objects of one's desire, at marriages, for the sake of fodder for a cow, or of fuel, and in (order to show) favour to a Brahmana.
113. Let the (judge) cause a Brahmana to swear by his veracity, a Kshatriya by his chariot or the animal he rides on and by his weapons, a Vaisya by his kine, grain, and gold, and a Sudra by (imprecating on his own head the guilt) of all grievous offences (pataka).
114. Or the (judge) may cause the (party) to carry fire or to dive under water, or severally to touch the heads of his wives and children.
115. He whom the blazing fire burns not, whom the water forces not to come (quickly) up, who meets with no speedy misfortune, must be held innocent on (the strength of) his oath.
116. For formerly when Vatsa was accused by his younger brother, the fire, the spy of the world, burned not even a hair (of his) by reason of his veracity.
117. Whenever false evidence has been given in any suit, let the (judge) reverse the judgment, and whatever has been done must be (considered as) undone.
118. Evidence (given) from covetousness, distraction, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid.
119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives.
120. (He who commits perjury) through covetousness shall be fined one thousand (panas), (he who does it) through distraction, in the lowest amercement; (if a man does it) through fear, two middling amercements shall be paid as a fine, (if he does it) through friendship, four times the amount of the lowest (amercement).
121. (He who does it) through lust, (shall pay) ten times the lowest amercement, but (he who does it) through wrath, three times the next (or second amercement); (he who does it) through ignorance, two full hundreds, but (he who does it) through childishness, one hundred (panas).
122. They declare that the wise have prescribed these fines for perjury, in order to prevent a failure of justice, and in order to restrain injustice.
123. But a just king shall fine and banish (men of) the three (lower) castes (varna) who have given false evidence, but a Brahmana he shall (only) banish.
124. Manu, the son of the Self-existent (Svayambhu), has named ten places on which punishment may be (made to fall) in the cases of the three (lower) castes (varna); but a Brahmana shall depart unhurt (from the country).
125. (These are) the organ, the belly, the tongue, the two hands, and fifthly the two feet, the eye, the nose, the two ears, likewise the (whole) body.
126. Let the (king), having fully ascertained the motive, the time and place (of the offence), and having considered the ability (of the criminal to suffer) and the (nature of the) crime, cause punishment to fall on those who deserve it.
127. Unjust punishment destroys reputation among men, and fame (after death), and causes even in the next world the loss of heaven; let him, therefore, beware of (inflicting) it.
128. A king who punishes those who do not deserve it, and punishes not those who deserve it, brings great infamy on himself and (after death) sinks into hell.
129. Let him punish first by (gentle) admonition, afterwards by (harsh) reproof, thirdly by a fine, after that by corporal chastisement.
130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes cojointly).
131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used on earth for the purpose of business transactions among men, I will fully declare.
132. The very small mote which is seen when the sun shines through a lattice, they declare (to be) the least of (all) quantities and (to be called) a trasarenu (a floating particle of dust).
133. Know (that) eight trasarenus (are equal) in bulk (to) a liksha (the egg of a louse), three of those to one grain of black mustard (ragasarshapa), and three of the latter to a white mustard-seed.
134. Six grains of white mustard are one middle-sized barley-corn, and three barley-corns one krishnala (raktika, or gunga-berry); five krishnalas are one masha (bean), and sixteen of those one suvarna.
135. Four suvarnas are one pala, and ten palas one dharana; two krishnalas (of silver), weighed together, must be considered one mashaka of silver.
136. Sixteen of those make a silver dharana, or purana; but know (that) a karsha of copper is a karshapana, or pana.
137. Know (that) ten dharanas of silver make one satamana; four suvarnas must be considered (equal) in weight to a nishka.
138. Two hundred and fifty panas are declared (to be) the first (or lowest) amercement, five (hundred) are considered as the mean (or middlemost), but one thousand as the highest.
139. A debt being admitted as due, (the defendant) shall pay five in the hundred (as a fine), if it be denied (and proved) twice as much; that is the teaching of Manu.
140. A money-lender may stipulate as an increase of his capital, for the interest, allowed by Vasishtha, and take monthly the eightieth part of a hundred.
141. Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain.
142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varna).
143. But if a beneficial pledge (i.e. one from which profit accrues, has been given), he shall receive no interest on the loan; nor can he, after keeping (such) a pledge for a very long time, give or sell it.
144. A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he commits a theft of the pledge.
145. Neither a pledge nor a deposit can be lost by lapse of time; they are both recoverable, though they have remained long (with the bailee).
146. Things used with friendly assent, a cow, a camel, a riding-horse, and (a beast) made over for breaking in, are never lost (to the owner).
147. (But in general) whatever (chattel) an owner sees enjoyed by others during ten years, while, though present, he says nothing, that (chattel) he shall not recover.
148. If (the owner is) neither an idiot nor a minor and if (his chattel) is enjoyed (by another) before his eyes, it is lost to him by law; the adverse possessor shall retain that property.
149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.
150. The fool who uses a pledge without the permission of the owner, shall remit half of his interest, as a compensation for (such) use.
151. In money transactions interest paid at one time (not by instalments) shall never exceed the double (of the principal); on grain, fruit, wool or hair, (and) beasts of burden it must not be more than five times (the original amount).
152. Stipulated interest beyond the legal rate, being against (the law), cannot be recovered; they call that a usurious way (of lending); (the lender) is (in no case) entitled to (more than) five in the hundred.
153. Let him not take interest beyond the year, nor such as is unapproved, nor compound interest, periodical interest, stipulated interest, and corporal interest.
154. He who, unable to pay a debt (at the fixed time), wishes to make a new contract, may renew the agreement, after paying the interest which is due.
155. If he cannot pay the money (due as interest), he may insert it in the renewed (agreement); he must pay as much interest as may be due.
156. He who has made a contract to carry goods by a wheeled carriage for money and has agreed to a certain place or time, shall not reap that reward, if he does not keep to the place and the time (stipulated).
157. Whatever rate men fix, who are expert in sea-voyages and able to calculate (the profit) according to the place, the time, and the objects (carried), that (has legal force) in such cases with respect to the payment (to be made).
158. The man who becomes a surety in this (world) for the appearance of a (debtor), and produces him not, shall pay the debt out of his own property.
159. But money due by a surety, or idly promised, or lost at play, or due for spirituous liquor, or what remains unpaid of a fine and a tax or duty, the son (of the party owing it) shall not be obliged to pay.
160. This just mentioned rule shall apply to the case of a surety for appearance (only); if a surety for payment should die, the (judge) may compel even his heirs to discharge the debt.
161. On what account then is it that after the death of a surety other than for payment, whose affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)?
162. If the surety had received money (from him for whom he stood bail) and had money enough (to pay), then (the heir of him) who received it, shall pay (the debt) out of his property; that is the settled rule.
163. A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorised (party) is invalid.
164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).
165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void.
166. If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided.
167. Should even a person wholly dependent make a contract for the behoof of the family, the master (of the house), whether (living) in his own country or abroad, shall not rescind it.
168. What is given by force, what is enjoyed by force, also what has been caused to be written by force, and all other transactions done by force, Manu has declared void.
169. Three suffer for the sake of others, witnesses, a surety, and judges; but four enrich themselves (through others), a Brahmana, a money-lender, a merchant, and a king.
170. No king, however indigent, shall take anything that ought not to be taken, nor shall he, however wealthy, decline taking that which he ought to take, be it ever so small.
171. In consequence of his taking what ought not to be taken, or of his refusing what ought to be received, a king will be accused of weakness and perish in this (world) and after death.
172. By taking his due, by preventing the confusion of the castes (varna), and by protecting the weak, the power of the king grows, and he prospers in this (world) and after death.
173. Let the prince, therefore, like Yama, not heeding his own likings and dislikings, behave exactly like Yama, suppressing his anger and controlling himself.
174. But that evil-minded king who in his folly decides causes unjustly, his enemies soon subjugate.
175. If, subduing love and hatred, he decides the causes according to the law, (the hearts of) his subjects turn towards him as the rivers (run) towards the ocean.
176. (The debtor) who complains to the king that his creditor recovers (the debt) independently (of the court), shall be compelled by the king to pay (as a fine) one quarter (of the sum) and to his (creditor) the money (due).
177. Even 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 a (debtor) of a higher caste shall pay it gradually (when he earns something).
178. According to these rules let the king equitably decide between men, who dispute with each other the matters, which are proved by witnesses and (other) evidence.
179. A sensible man should make a deposit (only) with a person of (good) family, of good conduct, well acquainted with the law, veracious, having many relatives, wealthy, and honourable (arya).
180. In whatever manner a person shall deposit anything in the hands of another, in the same manner ought the same thing to be received back (by the owner); as the delivery (was, so must be) the re-delivery.
181. He who restores not his deposit to the depositor at his request, may be tried by the judge in the depositor's absence.
182. On failure of witnesses let the (judge) actually deposit gold with that (defendant) under some pretext or other through spies of suitable age and appearance (and afterwards demand it back).
183. If the (defendant) restores it in the manner and shape in which it was bailed, there is nothing (of that description) in his hands, for which others accuse him.
184. But if he restores not that gold, as be ought, to those (spies), then he shall be compelled by force to restore both (deposits); that is a settled rule of law.
185. An open or a sealed deposit must never be returned to a near relative (of the depositor during the latter's lifetime); for if (the recipient) dies (without delivering them), they are lost, but if he does not die, they are not lost.
186. But (a depositary) who of his own accord returns them to a near relative of a deceased (depositor), must not be harassed (about them) by the king or by the depositor's relatives.
187. And (in doubtful cases) he should try to obtain that object by friendly means, without (having recourse to) artifice, or having inquired into (depositary's) conduct, he should settle (the matter) with gentle means.
188. Such is the rule for obtaining back all those open deposits; in the case of a sealed deposit (the depositary) shall incur no (censure), unless he has taken out something.
189. (A deposit) which has been stolen by thieves or washed away by water or burned by fire, (the bailee) shall not make it good, unless he took part of it (for himself).
190. Him who appropriates a deposit and him (who asks for it) without having made it, (the judge) shall try by all (sorts of) means, and by the oaths prescribed in the Veda.
191. He who does not return a deposit and he who demands what he never bailed shall both be punished like thieves, or be compelled to pay a fine equal (to the value of the object retained or claimed).
192. The king should compel him who does not restore an open deposit, and in like manner him who retains a sealed deposit, to pay a fine equal (to its value).
193. That man who by false pretences may possess himself of another's property, shall be publicly punished by various (modes of) corporal (or capital) chastisement, together with his accomplices.
194. If a deposit of a particular description or quantity is bailed by anybody in the presence of a number (of witnesses), it must be known to be of that particular (description and quantity; the depositary) who makes a false statement (regarding it) is liable to a fine.
195. But if anything is delivered or received privately, it must be privately returned; as the bailment (was, so should be) the re-delivery.
196. Thus let the king decide (causes) concerning a deposit and a friendly loan (for use) without showing (undue) rigour to the depositary.
197. If anybody sells the property of another man, without being the owner and without the assent of the owner, the (judge) shall not admit him who is a thief, though he may not consider himself as a thief, as a witness (in any case).
198. If the (offender) is a kinsman (of the owner), he shall be fined six hundred panas; if he is not a kinsman, nor has any excuse, he shall be guilty of theft.
199. A gift or sale, made by anybody else but the owner, must be considered as null and void, according to the rule in judicial proceedings.
200. Where possession is evident, but no title is perceived, there the title (shall be) a proof (of ownership), not possession; such is the settled rule.
201. He who obtains a chattel in the market before a number (of witnesses), acquires that chattel with a clear legal title by purchase.
202. If the original (seller) be not producible, (the buyer) being exculpated by a public sale, must be dismissed by the king without punishment, but (the former owner) who lost the chattel shall receive it (back from the buyer).
203. One commodity mixed with another must not be sold (as pure), nor a bad one (as good), nor less (than the proper quantity or weight), nor anything that is not at hand or that is concealed.
204. If, after one damsel has been shown, another be given to the bridegroom, he may marry them both for the same price; that Manu ordained.
205. He who gives (a damsel in marriage), having first openly declared her blemishes, whether she be insane, or afflicted with leprosy, or have lost her virginity, is not liable to punishment.
206. If an officiating priest, chosen to perform a sacrifice, abandons his work, a share only (of the fee) in proportion to the work (done) shall be given to him by those who work with him.
207. But he who abandons his work after the sacrificial fees have been given, shall obtain his full share and cause to be performed (what remains) by another (priest).
208. But if (specific) fees are ordained for the several parts of a rite, shall he (who performs the part) receive them, or shall they all share them?
209. The Adhvaryu priest shall take the chariot, and the Brahman at the kindling of the fires (Agnyadhana) a horse, the Hotri priest shall also take a horse, and the Udgatri the cart, (used) when (the Soma) is purchased.
210. The (four) chief priests among all (the sixteen), who are entitled to one half, shall receive a moiety (of the fee), the next (four) one half of that, the set entitled to a third share, one third, and those entitled to a fourth a quarter.
211. By the application of these principles the allotment of shares must be made among those men who here (below) perform their work conjointly.
212. Should money be given (or promised) for a pious purpose by one man to another who asks for it, the gift shall be void, if the (money is) afterwards not (used) in the manner (stated).
213. But if the (recipient) through pride or greed tries to enforce (the fulfilment of the promise), he shall be compelled by the king to pay one suvarna as an expiation for his theft.
214. Thus the lawful subtraction of a gift has been fully explained; I will next propound (the law for) the non-payment of wages.
215. A hired (servant or workman) who, without being ill, out of pride fails to perform his work according to the agreement, shall be fined eight krishnalas and no wages shall be paid to him.
216. But (if he is really) ill, (and) after recovery performs (his work) according to the original agreement, he shall receive his wages even after (the lapse of) a very long time.
217. But if he, whether sick or well, does not (perform or) cause to be performed (by others) his work according to his agreement, the wages for that work shall not be given to him, even (if it be only) slightly incomplete.
218. Thus the law for the non-payment of wages has been completely stated; I will next explain the law concerning men who break an agreement.
219. If a man belonging to a corporation inhabiting a village or a district, after swearing to an agreement, breaks it through avarice, (the king) shall banish him from his realm,
220. And having imprisoned such a breaker of an agreement, he shall compel him to pay six nishkas, (each of) four suvarnas, and one satamana of silver.
221. A righteous king shall apply this law of fines in villages and castes (gati) to those who break an agreement.
222. If anybody in this (world), after buying or selling anything, repent (of his bargain), he may return or take (back) that chattel within ten days.
223. But after (the lapse of) ten days he may neither give nor cause it to be given (back); both he who takes it (back) and he who gives it (back, except by consent) shall be fined by the king six hundred (panas).
224. But the king himself shall impose a fine of ninety-six panas on him who gives a blemished damsel (to a suitor) without informing (him of the blemish).
225. But that man who, out of malice, says of a maiden, 'She is not a maiden,' shall be fined one hundred (panas), if he cannot prove her blemish.
226. The nuptial texts are applied solely to virgins, (and) nowhere among men to females who have lost their virginity, for such (females) are excluded from religious ceremonies.
227. The nuptial texts are a certain proof (that a maiden has been made a lawful) wife; but the learned should know that they (and the marriage ceremony are complete with the seventh step (of the bride around the sacred fire).
228. If anybody in this (world) repent of any completed transaction, (the king) shall keep him on the road of rectitude in accordance with the rules given above.
229. I will fully declare in accordance with the true law (the rules concerning) the disputes, (arising) from the transgressions of owners of cattle and of herdsmen.
230. During the day the responsibility for the safety (of the cattle rests) on the herdsman, during the night on the owner, (provided they are) in his house; (if it be) otherwise, the herdsman will be responsible (for them also during the night).
231. A hired herdsman who is paid with milk, may milk with the consent of the owner the best (cow) out of ten; such shall be his hire if no (other) wages (are paid).
232. The herdsman alone shall make good (the loss of a beast) strayed, destroyed by worms, killed by dogs or (by falling) into a pit, if he did not duly exert himself (to prevent it).
233. But for (an animal) stolen by thieves, though he raised an alarm, the herdsman shall not pay, provided he gives notice to his master at the proper place and time.
234. If cattle die, let him carry to his master their ears, skin, tails, bladders, tendons, and the yellow concrete bile, and let him point out their particular. marks.
235. But if goats or sheep are surrounded by wolves and the herdsman does not hasten (to their assistance), lie shall be responsible for any (animal) which a wolf may attack and kill.
236. But if they, kept in (proper) order, graze together in the forest, and a wolf, suddenly jumping on one of them, kills it, the herdsman shall bear in that case no responsibility.
237. On all sides of a village a space, one hundred dhanus or three samya-throws (in breadth), shall be reserved (for pasture), and thrice (that space) round a town.
238. If the cattle do damage to unfenced crops on that (common), the king shall in that case not punish the herdsmen.
239. (The owner of the field) shall make there a hedge over which a camel cannot look, and stop every gap through which a dog or a boar can thrust his head.
240. (If cattle do mischief) in an enclosed field near a highway or near a village, the herdsman shall be fined one hundred (panas);
(but cattle), unattended by a herdsman, (the watchman in the field) shall drive away.
241. (For damage) in other fields (each head of) cattle shall (pay a fine of one (pana) and a quarter, and in all (cases the value of) the crop (destroyed) shall be made good to the owner of the field; that is the settled rule.
242. But Manu has declared that no fine shall be paid for (damage done by) a cow within ten days after her calving, by bulls and by cattle sacred to the gods, whether they are attended by a herdsman or not.
243. If (the crops are destroyed by) the husbandman's (own) fault, the fine shall amount to ten times as much as (the king's) share; but the fine (shall be) only half that amount if (the fault lay) with the servants and the farmer had no knowledge of it.
244. To these rules a righteous king shall keep in (all cases of) transgressions by masters, their cattle, and herdsmen.
245. If a dispute has arisen between two villages concerning a boundary, the king shall settle the limits in the month of Gyaishtha, when the landmarks are most distinctly visible.
246. Let him mark the boundaries (by) trees, (e.g.) Nyagrodhas, Asvatthas, Kimsukas, cotton-trees, Salas, Palmyra palms, and trees with milky juice,
247. By clustering shrubs, bamboos of different kinds, Samis, creepers and raised mounds, reeds, thickets of Kubgaka; thus the boundary will not be forgotten.
248. Tanks, wells, cisterns, and fountains should be built where boundaries meet, as well as temples,
249. And as he will see that through men's ignorance of the boundaries trespasses constantly occur in the world, let him cause to be made other hidden marks for boundaries,
250. Stones, bones, cow's hair, chaff, ashes, potsherds, dry cowdung, bricks, cinders, pebbles, and sand,
251. And whatever other things of a similar kind the earth does not corrode even after a long time, those he should cause to be buried where one boundary joins (the other).
252. By these signs, by long continued possession, and by constantly flowing streams of water the king shall ascertain the boundary (of the land) of two disputing parties.
253. If there be a doubt even on inspection of the marks, the settlement of a dispute regarding boundaries shall depend on witnesses.
254. The witnesses, (giving evidence) regarding a boundary, shall be examined concerning the landmarks in the presence of the crowd of the villagers and also of the two litigants.
255. As they, being questioned, unanimously decide, even so he shall record the boundary (in writing), together with their names.
256. Let them, putting earth on their heads, wearing chaplets (of red flowers) and red dresses, being sworn each by (the rewards for) his meritorious deeds, settle (the boundary) in accordance with the truth.
257. If they determine (the boundary) in the manner stated, they are guiltless (being) veracious witnesses; but if they determine it unjustly, they shall be compelled to pay a fine of two hundred (panas).
258. On failure of witnesses (from the two villages, men of) the four neighbouring villages, who are pure, shall make (as witnesses) a decision concerning the boundary in the presence of the king.
259. On failure of neighbours (who are) original inhabitants (of the country and can be) witnesses with respect to the boundary, (the king) may hear the evidence even of the following inhabitants of the forest.
260. (Viz.) hunters, fowlers, herdsmen, fishermen, root-diggers, snake-catchers, gleaners, and other foresters.
261. As they, being examined, declare the marks for the meeting of the boundaries (to be), even so the king shall justly cause them to be fixed between the two villages.
262. The decision concerning the boundary-marks of fields, wells, tanks, of gardens and houses depends upon (the evidence of) the neighbours.
263. Should the neighbours give false evidence, when men dispute about a boundary-mark, the king shall make each of them pay the middlemost amercement as a fine.
264. He who by intimidation possesses himself of a house, a tank, a garden, or a field, shall be fined five hundred (panas); (if he trespassed) through ignorance, the fine (shall be) two hundred (panas).
265. If the boundary cannot be ascertained (by any evidence), let a righteous king with (the intention of) benefiting them (all), himself assign (his) land (to each); that is the settled rule.
266. Thus the law for deciding boundary (disputes) has been fully declared, I will next propound the (manner of) deciding (cases of) defamation.
267. A Kshatriya, having defamed a Brahmana, shall be fined one hundred (panas); a Vaisya one hundred and fifty or two hundred; a Sudra shall suffer corporal punishment.
268. A Brahmana shall be fined fifty (panas) for defaming a Kshatriya; in (the case of) a Vaisya the fine shall be twenty-five (panas); in (the case of) a Sudra twelve.
269. For offences of twice-born men against those of equal caste (varna, the fine shall be) also twelve (panas); for speeches which ought not to be uttered, that (and every fine shall be) double.
270. A once-born man (a Sudra), who insults a twice-born man with gross invective, shall have his tongue cut out; for he is of low origin.
271. If he mentions the names and castes (gati) of the (twice-born) with contumely, an iron nail, ten fingers long, shall be thrust red-hot into his mouth.
272. If he arrogantly teaches Brahmanas their duty, the king shall cause hot oil to be poured into his mouth and into his ears.
273. He who through arrogance makes false statements regarding the learning (of a caste-fellow), his country, his caste (gati), or the rites by which his body was sanctified, shall be compelled to pay a fine of two hundred (panas).
274. He who even in accordance with the true facts (contemptuously) calls another man one-eyed, lame, or the like (names), shall be fined at least one karshapana.
275. He who defames his mother, his father, his wife, his brother, his son, or his teacher, and he who gives not the way to his preceptor, shall be compelled to pay one hundred (panas).
276. (For mutual abuse) by a Brahmana and a Kshatriya a fine must be imposed by a discerning (king), on the Brahmana the lowest amercement, but on the Kshatriya the middlemost.
277. A Vaisya and a Sudra must be punished exactly in the same manner according to their respective castes, but the tongue (of the Sudra) shall not be cut out; that is the decision.
278. Thus the rules for punishments (applicable to cases) of defamation have been truly declared; I will next propound the decision (of cases) of assault.
279. With whatever limb a man of a low caste does hurt to (a man of the three) highest (castes), even that limb shall be cut off; that is the teaching of Manu.
280. He who raises his hand or a stick, shall have his hand cut off; he who in anger kicks with his foot, shall have his foot cut off.
281. A low-caste man who tries to place himself on the same seat with a man of a high caste, shall be branded on his hip and be banished, or (the king) shall cause his buttock to be gashed.
282. If out of arrogance he spits (on a superior), the king shall cause both his lips to be cut off; if he urines (on him), the penis; if he breaks wind (against him), the anus.
283. If he lays hold of the hair (of a superior), let the (king) unhesitatingly cut off his hands, likewise (if he takes him) by the feet, the beard, the neck, or the scrotum.
284. He who breaks the skin (of an equal) or fetches blood (from him) shall be fined one hundred (panas), he who cuts a muscle six nishkas, he who breaks a bone shall be banished.
285. According to the usefulness of the several (kinds of) trees a fine must be inflicted for injuring them; that is the settled rule.
286. If a blow is struck against men or animals in order to (give them) pain, (the judge) shall inflict a fine in proportion to the amount of pain (caused).
287. If a limb is injured, a wound (is caused), or blood (flows, the assailant) shall be made to pay (to the sufferer) the expenses of the cure, or the whole (both the usual amercement and the expenses of the cure as a) fine (to the king).
288. He who damages the goods of another, be it intentionally or unintentionally, shall give satisfaction to the (owner) and pay to the king a fine equal to the (damage).
289. In the case of (damage done to) leather, or to utensils of leather, of wood, or of clay, the fine (shall be) five times their value; likewise in the case of (damage to) flowers, roots, and fruit.
290. They declare with respect to a carriage, its driver and its owner, (that there are) ten cases in which no punishment (for damage done) can be inflicted; in other cases a fine is prescribed.
291. When the nose-string is snapped, when the yoke is broken, when the carriage turns sideways or back, when the axle or a wheel is broken,
292. When the leather-thongs, the rope around the neck or the bridle are broken, and when (the driver) has loudly called out, 'Make way,' Manu has declared (that in all these cases) no punishment (shall be inflicted).
293. But if the cart turns off (the road) through the driver's want of skill, the owner shall be fined, if damage (is done), two hundred (panas).
294. If the driver is skilful (but negligent), he alone shall be fined; if the driver is unskilful, the occupants of the carriage (also) shall be each fined one hundred (panas).
295. But if he is stopped on his way by cattle or by (another) carriage, and he causes the death of any living being, a fine shall without doubt be imposed.
296. If a man is killed, his guilt will be at once the same as (that of) a thief; for large animals such as cows, elephants, camels or horses, half of that.
297. For injuring small cattle the fine (shall be) two hundred (panas); the fine for beautiful wild quadrupeds and birds shall amount to fifty (panas).
298. For donkeys, sheep, and goats the fine shall be five mashas; but the punishment for killing a dog or a pig shall be one masha.
299. A wife, a son, a slave, a pupil, and a (younger) brother of the full blood, who have committed faults, may be beaten with a rope or a split bamboo,
300. But on the back part of the body (only), never on a noble part; he who strikes them otherwise will incur the same guilt as a thief.
301. Thus the whole law of assault (and hurt) has been declared completely; I will now explain the rules for the decision (in cases) of theft.
302. Let the king exert himself to the utmost to punish thieves; for, if he punishes thieves, his fame grows and his kingdom prospers.
303. That king, indeed, is ever worthy of honour who ensures the safety (of his subjects); for the sacrificial session (sattra, which he, as it were, performs thereby) ever grows in length, the safety (of his subjects representing) the sacrificial fee.
304. A king who (duly) protects (his subjects) receives from each and all the sixth part of their spiritual merit; if he does not protect them, the sixth part of their demerit also (will fall on him).
305. Whatever (merit a man gains by) reading the Veda, by sacrificing, by charitable gifts, (or by) worshipping (Gurus and gods), the king obtains a sixth part of that in consequence of his duly protecting (his kingdom).
306. A king who protects the created beings in accordance with the sacred law and smites those worthy of corporal punishment, daily offers (as it were) sacrifices at which hundred thousands (are given as) fees.
307. A king who does not afford protection, (yet) takes his share in kind, his taxes, tolls and duties, daily presents and fines, will (after death) soon sink into hell.
308. They declare that a king who affords no protection, (yet) receives the sixth part of the produce, takes upon himself all the foulness of his whole people.
309. Know that a king who heeds not the rules (of the law), who is an atheist, and rapacious, who does not protect (his subjects, but) devours them, will sink low (after death).
310. Let him carefully restrain the wicked by three methods,- by imprisonment by putting them in fetters, and by various (kinds of) corporal punishments.
311. For by punishing the wicked and by favouring the virtuous, kings are constantly sanctified, just as twice-born men by sacrifices.
312. A king who desires his own welfare must always forgive litigants, infants, aged and sick men, who inveigh against him.
313. He who, being abused by men in pain, pardons (them), will in reward of that (act) be exalted in heaven; but he who, (proud) of his kingly state, forgives them not, will for that (reason) sink into hell.
314. A thief shall, running, approach the king, with flying hair, confessing that theft (and saying), 'Thus have I done, punish me;'
315. (And he must) carry on his shoulder a pestle, or a club of Khadira wood, or a spear sharp at both ends, or an iron staff.
316. Whether he be punished or pardoned, the thief is freed from the (guilt of) theft; but the king, if he punishes not, takes upon himself the guilt of the thief.
317. The killer of a learned Brahmana throws his guilt on him who eats his food, an adulterous wife on her (negligent) husband, a (sinning) pupil or sacrificer on (their negligent) teacher (or priest), a thief on the king (who pardons him).
318. But men who have committed crimes and have been punished by the king, go to heaven, being pure like those who performed meritorious deeds.
319. He who steals the rope or the water-pot from a well, or damages a hut where water is distributed, shall pay one masha as a fine and restore the (article abstracted or damaged) in its (proper place).
320. On him who steals more than ten kumbhas of grain corporal punishment (shall be inflicted); in other cases he shall be fined eleven times as much, and shall pay to the (owner the value of his) property.
321. So shall corporal punishment be inflicted for stealing more than a hundred (palas) of articles sold by the weight, (i.e.) of gold, silver, and so forth, and of most excellent clothes.
322. For (stealing) more than fifty (palas) it is enacted that the hands (of the offender) shall be cut off; but in other cases, let him inflict a fine of eleven times the value.
323. For stealing men of noble family and especially women and the most precious gems, (the offender) deserves corporal (or capital) punishment.
324. For stealing large animals, weapons, or medicines, let the king fix a punishment, after considering the time and the purpose (for which they were destined).
325. For (stealing) cows belonging to Brahmanas, piercing (the nostrils of) a barren cow, and for stealing (other) cattle (belonging to Brahmanas, the offender) shall forthwith lose half his feet.
326. (For stealing) thread, cotton, drugs causing fermentation, cowdung, molasses, sour milk, sweet milk, butter-milk, water, or grass,
327. Vessels made of bamboo or other cane, salt of various kinds, earthen (vessels), earth and ashes,
328. Fish, birds, oil, clarified butter, meat, honey, and other things that come from beasts,
329. Or other things of a similar kind, spirituous liquor, boiled rice, and every kind of cooked food, the fine (shall be) twice the value (of the stolen article).
330. For flowers, green corn, shrubs, creepers, trees, and other unhusked (grain) the fine (shall be) five krishnalas.
331. For husked grain, vegetables, roots, and fruit the fine (shall be) one hundred (panas) if there is no connexion (between the owner and the thief), fifty (panas) if such a connexion exists.
332. An offence (of this description), which is committed in the presence (of the owner) and with violence, will be robbery; if (it is committed) in his absence, it will be theft; likewise if (the possession of) anything is denied after it has been taken.
333. On that man who may steal (any of) the above-mentioned articles, when they are prepared for (use), let the king inflict the first (or lowest) amercement; likewise on him who may steal (a sacred) fire out of the room (in which it is kept).
334. With whatever limb a thief in any way commits (an offence) against men, even of that (the king) shall deprive him in order to prevent (a repetition of the crime).
335. Neither a father, nor a teacher, nor a friend, nor a mother, nor a wife, nor a son, nor a domestic priest must be left unpunished by a king, if they do not keep within their duty.
336. Where another common man would be fined one karshapana, the king shall be fined one thousand; that is the settled rule.
337. In (a case of) theft the guilt of a Sudra shall be eightfold, that of a Vaisya sixteenfold, that of a Kshatriya two-and-thirtyfold,
338. That of a Brahmana sixty-fourfold, or quite a hundredfold, or (even) twice four-and-sixtyfold; (each of them) knowing the nature of the offence.
339. (The taking of) roots and of fruit from trees, of wood for a (sacrificial) fire, and of grass for feeding cows, Manu has declared (to be) no theft.
340. A Brahmana, seeking to obtain property from a man who took what was not given to him, either by sacrificing for him or by teaching him, is even like a thief.
341. A twice-born man, who is travelling and whose provisions are exhausted, shall not be fined, if he takes two stalks of sugar-cane or two (esculent) roots from the field of another man.
342. He who ties up unbound or sets free tied up (cattle of other men), he who takes a slave, a horse, or a carriage will have incurred the guilt of a thief.
343. A king who punishes thieves according to these rules, will gain fame in this world and after death unsurpassable bliss.
344. A king who desires to gain the throne of Indra and imperishable eternal fame, shall not, even for a moment, neglect (to punish) the man who commits violence.
345. He who commits violence must be considered as the worst offender, (more wicked) than a defamer, than a thief, and than he who injures (another) with a staff.
346. But that king who pardons the perpetrator of violence quickly perishes and incurs hatred.
347. Neither for friendship's sake, nor for the sake of great lucre, must a king let go perpetrators of violence, who cause terror to all creatures.
348. Twice-born men may take up arms when (they are) hindered (in the fulfilment of their duties, when destruction (threatens) the twice-born castes (varna) in (evil) times,
349. In their own defence, in a strife for the fees of officiating priests, and in order to protect women and Brahmanas; he who (under such circumstances) kills in the cause of right, commits no sin.
350. One may slay without hesitation an assassin who approaches (with murderous intent), whether (he be one's) teacher, a child or an aged man, or a Brahmana deeply versed in the Vedas.
351. By killing an assassin the slayer incurs no guilt, whether (he does it) publicly or secretly; in that case fury recoils upon fury.
352. Men who commit adultery with the wives of others, the king shall cause to be marked by punishments which cause terror, and afterwards banish.
353. For by (adultery) is caused a mixture of the castes (varna) among men; thence (follows) sin, which cuts up even the roots and causes the destruction of everything.
354. A man formerly accused of (such) offences, who secretly converses with another man's wife, shall pay the first (or lowest) amercement.
355. But a man, not before accused, who (thus) speaks with (a woman) for some (reasonable) cause, shall not incur any guilt, since in him there is no transgression.
356. He who addresses the wife of another man at a Tirtha, outside the village, in a forest, or at the confluence of rivers, suffer (the punishment for) adulterous acts (samgrahana).
357. Offering presents (to a woman), romping (with her), touching her ornaments and dress, sitting with her on a bed, all (these acts) are considered adulterous acts (samgrahana).
358. If one touches a woman in a place (which ought) not (to be touched) or allows (oneself to be touched in such a spot), all (such acts done) with mutual consent are declared (to be) adulterous (samgrahana).
359. A man who is not a Brahmana ought to suffer death for adultery (samgrahana); for the wives of all the four castes even must always be carefully guarded.
360. Mendicants, bards, men who have performed the initiatory ceremony of a Vedic sacrifice, and artisans are not prohibited from speaking to married women.
361. Let no man converse with the wives of others after he has been forbidden (to do so); but he who converses (with them), in spite of a prohibition, shall be fined one suvarna.
362. This rule does not apply to the wives of actors and singers, nor (of) those who live on (the intrigues of) their own (wives); for such men send their wives (to others) or, concealing themselves, allow them to hold criminal intercourse.
363. Yet he who secretly converses with such women, or with female slaves kept by one (master), and with female ascetics, shall be compelled to pay a small fine.
364. He who violates an unwilling maiden shall instantly suffer corporal punishment; but a man who enjoys a willing maiden shall not suffer corporal punishment, if (his caste be) the same (as hers).
365. From a maiden who makes advances to a (man of) high (caste), he shall not take any fine; but her, who courts a (man of) low (caste), let him force to live confined in her house.
366. A (man of) low (caste) who makes love to a maiden (of) the highest (caste) shall suffer corporal punishment; he who addresses a maiden (on) equal (caste) shall pay the nuptial fee, if her father desires it.
367. But if any man through insolence forcibly contaminates a maiden, two of his fingers shall be instantly cut off, and he shall pay a fine of six hundred (panas).
368. A man (of) equal (caste) who defiles a willing maiden shall not suffer the amputation of his fingers, but shall pay a fine of two hundred (panas) in order to deter him from a repetition (of the offence).
369. A damsel who pollutes (another) damsel must be fined two hundred (panas), pay the double of her (nuptial) fee, and receive ten (lashes with a) rod.
370. But a woman who pollutes a damsel shall instantly have (her head) shaved or two fingers cut off, and be made to ride (through the town) on a donkey.
371. If a wife, proud of the greatness of her relatives or (her own) excellence, violates the duty which she owes to her lord, the king shall cause her to be devoured by dogs in a place frequented by many.
372. Let him cause the male offender to be burnt on a red-hot iron bed; they shall put logs under it, (until) the sinner is burned (to death).
373. On a man (once) convicted, who is (again) accused within a year, a double fine (must be inflicted); even thus (must the fine be doubled) for (repeated) intercourse with a Vratya and a Kandali.
374. A Sudra who has intercourse with a woman of a twice-born caste (varna), guarded or unguarded, (shall be punished in the following manner): if she was unguarded, he loses the part (offending) and all his property; if she was guarded, everything (even his life).
375. (For intercourse with a guarded Brahmana a Vaisya shall forfeit all his property after imprisonment for a year; a Kshatriya shall be fined one thousand (panas) and be shaved with the urine (of an ass).
376. If a Vaisya or a Kshatriya has connexion with an unguarded Brahmana, let him fine the Vaisya five hundred (panas) and the Kshatriya one thousand.
377. But even these two, if they offend with a Brahmani (not only) guarded (but the wife of an eminent man), shall be punished like a Sudra or be burnt in a fire of dry grass.
378. A Brahmana who carnally knows a guarded Brahmani against her will, shall be fined one thousand (panas); but he shall be made to pay five hundred, if he had connexion with a willing one.
379. Tonsure (of the head) is ordained for a Brahmana (instead of) capital punishment; but (men of) other castes shall suffer capital punishment.
380. Let him never slay a Brahmana, though he have committed all (possible) crimes; let him banish such an (offender), leaving all his property (to him) and (his body) unhurt.
381. No greater crime is known on earth than slaying a Brahmana; a king, therefore, must not even conceive in his mind the thought of killing a Brahmana.
382. If a Vaisya approaches a guarded female of the Kshatriya caste, or a Kshatriya a (guarded) Vaisya woman, they both deserve the same punishment as in the case of an unguarded Brahmana female.
383. A Brahmana shall be compelled to pay a fine of one thousand (panas) if he has intercourse with guarded (females of) those two (castes); for (offending with) a (guarded) Sudra female a fine of one thousand (panas shall be inflicted) on a Kshatriya or a Vaisya.
384. For (intercourse with) an unguarded Kshatriya a fine of five hundred (panas shall fall) on a Vaisya; but (for the same offence) a Kshatriya shall be shaved with the urine (of a donkey) or (pay) the same fine.
385. A Brahmana who approaches unguarded females (of the) Kshatriya or Vaisya (castes), or a Sudra female, shall be fined five hundred (panas); but (for intercourse with) a female (of the) lowest (castes), one thousand.
386. That king in whose town lives no thief, no adulterer, no defamer, no man guilty of violence, and no committer of assaults, attains the world of Sakra (Indra).
387. The suppression of those five in his dominions secures to a king paramount sovereignty among his peers and fame in the world.
388. A sacrificer who forsakes an officiating priest, and an officiating priest who forsakes a sacrificer, (each being) able to perform his work and not contaminated (by grievous crimes), must each be fined one hundred (panas).
389. Neither a mother, nor a father, nor a wife, nor a son shall be cast off; he who casts them off, unless guilty of a crime causing loss of caste, shall be fined six hundred (panas).
390. If twice-born men dispute among each other concerning the duty of the orders, a king who desires his own welfare should not (hastily) decide (what is) the law.
391. Having shown them due honor, he should, with (the assistance of) Brahmanas, first soothe them by gentle (speech) and afterwards teach them their duty.
392. A Brahmana who does not invite his next neighbour and his neighbour next but one, (though) both (he) worthy (of the honour), to a festival at which twenty Brahmanas are entertained, is liable to a fine of one masha.
393. A Srotriya who does not entertain a virtuous Srotriya at auspicious festive rites, shall be made to pay him twice (the value of) the meal and a masha of gold (as a fine to the king).
394. A blind man, an idiot, (a cripple) who moves with the help of a board, a man full seventy years old, and he who confers benefits on Srotriyas, shall not be compelled by any (king) to pay a tax.
395. Let the king always treat kindly a Srotriya, a sick or distressed man, an infant and an aged or indigent man, a man of high birth, and an honourable man (Arya).
396. A washerman shall wash (the clothes of his employers) gently on a smooth board of Salmaliwood he shall not return the clothes (of one person) for those (of another), nor allow anybody (but the owner) to wear them.
397. A weaver (who has received) ten palas (of thread), shall return (cloth weighing) one pala more; he who acts differently shall be compelled to pay a fine of twelve (panas).
398. Let the king take one-twentieth of that (amount) which men, well acquainted with the settlement of tolls and duties (and) skilful in (estimating the value of) all kinds of merchandise, may fix as the value for each saleable commodity.
399. Let the king confiscate the whole property of (a trader) who out of greed exports goods of which the king has a monopoly or (the export of which is) forbidden.
400. He who avoids a custom-house (or a toll), he who buys or sells at an improper time, or he who makes a false statement in enumerating (his goods), shall be fined eight times (the amount of duty) which he tried to evade.
401. Let (the king) fix (the rates for) the purchase and sale of all marketable goods, having (duly) considered whence they come, whither they go, how long they have been kept, the (probable) profit and the (probable) outlay.
402. Once in five nights, or at the close of each fortnight, let the king publicly settle the prices for the (merchants).
403. All weights and measures must be duly marked, and once in six months let him re-examine them.
404. At a ferry an (empty) cart shall be made to pay one pana, a man's (load) half a pana, an animal and a woman one quarter of a (pana), an unloaded man one-half of a quarter.
405. Carts (laden) with vessels full (of merchandise) shall be made to pay toll at a ferry according to the value (of the goods), empty vessels and men without luggage some trifle.
406. For a long passage the boat-hire must be proportioned to the places and times; know that this (rule refers) to (passages along) the banks of rivers; at sea there is no settled (freight).
407. But a woman who has been pregnant two months or more, an ascetic, a hermit in the forest, and Brahmanas who are students of the Veda, shall not be made to pay toll at a ferry.
408. Whatever may be damaged in a boat by the fault of the boatmen, that shall be made good by the boatmen collectively, (each paying) his share.
409. This decision in suits (brought) by passengers (holds good only) in case the boatmen are culpably negligent on the water; in the case of (an accident) caused by (the will of) the gods, no fine can be (inflicted on them).
410. (The king) should order a Vaisya to trade, to lend money, to cultivate the land, or to tend cattle, and a Sudra to serve the twice-born castes
411. (Some wealthy) Brahmana shall compassionately support both a Kshatriya and a Vaisya, if they are distressed for a livelihood, employing them on work (which is suitable for) their (castes).
412. But a Brahmana who, because he is powerful, out of greed makes initiated (men of the) twice-born (castes) against their will do the work of slaves, shall be fined by the king six hundred (panas).
413. But a Sudra, whether bought or unbought, he may compel to do servile work; for he was created by the Self-existent (Svayambhu) to be the slave of a Brahmana.
414. A Sudra, though emancipated by his master, is not released from servitude; since that is innate in him, who can set him free from it?
415. There are slaves of seven kinds, (viz.) he who is made a captive under a standard, he who serves for his daily food, he who is born in the house, he who is bought and he who is given, he who is inherited from ancestors, and he who is enslaved by way of punishment.
416. A wife, a son, and a slave, these three are declared to have no property; the wealth which they earn is (acquired) for him to whom they belong.
417. A Brahmana may confidently seize the goods of (his) Sudra (slave); for, as that (slave) can have no property, his master may take his possessions.
418. (The king) should carefully compel Vaisyas and Sudra to perform the work (prescribed) for them; for if these two (castes) swerved from their duties, they would throw this (whole) world into confusion.
419. Let him daily look after the completion of his undertakings, his beasts of burden, and carriages, (the collection of) his revenues and the disbursements, his mines and his treasury.
420. A king who thus brings to a conclusion. all the legal business enumerated above, and removes all sin, reaches the highest state (of bliss).
###9
CHAPTER IX.(336)
1. I will now propound the eternal laws for a husband and his wife who keep to the path of duty, whether they be united or separated.
2. Day and night woman must be kept in dependence by the males (of) their (families), and, if they attach themselves to sensual enjoyments, they must be kept under one's control.
3. Her father protects (her) in childhood, her husband protects (her) in youth, and her sons protect (her) in old age; a woman is never fit for independence.
4. Reprehensible is the father who gives not (his daughter in marriage) at the proper time; reprehensible is the husband who approaches not (his wife in due season), and reprehensible is the son who does not protect his mother after her husband has died.
5. Women must particularly be guarded against evil inclinations, however trifling (they may appear); for, if they are not guarded, they will bring sorrow on two families.
6. Considering that the highest duty of all castes, even weak husbands (must) strive to guard their wives.
7. He who carefully guards his wife, preserves (the purity of) his offspring, virtuous conduct, his family, himself, and his (means of acquiring) merit.
8. The husband, after conception by his wife, becomes an embryo and is born again of her; for that is the wifehood of a wife (gaya), that he is born (gayate) again by her.
9. As the male is to whom a wife cleaves, even so is the son whom she brings forth; let him therefore carefully guard his wife, in order to keep his offspring pure.
10. No man can completely guard women by force; but they can be guarded by the employment of the (following) expedients:
11. Let the (husband) employ his (wife) in the collection and expenditure of his wealth, in keeping (everything) clean, in (the fulfilment of) religious duties, in the preparation of his food, and in looking after the household utensils.
12. Women, confined in the house under trustworthy and obedient servants, are not (well) guarded; but those who of their own accord keep guard over themselves, are well guarded.
13. Drinking (spirituous liquor), associating with wicked people, separation from the husband, rambling abroad, sleeping (at unseasonable hours), and dwelling in other men's houses, are the six causes of the ruin of women.
14. Women do not care for beauty, nor is their attention fixed on age; (thinking), '(It is enough that) he is a man,' they give themselves to the handsome and to the ugly.
15. Through their passion for men, through their mutable temper, through their natural heartlessness, they become disloyal towards their husbands, however carefully they may be guarded in this (world).
16. Knowing their disposition, which the Lord of creatures laid in them at the creation, to be such, (every) man should most strenuously exert himself to guard them.
17. (When creating them) Manu allotted to women (a love of their) bed, (of their) seat and (of) ornament, impure desires, wrath, dishonesty, malice, and bad conduct.
18. For women no (sacramental) rite (is performed) with sacred texts, thus the law is settled; women (who are) destitute of strength and destitute of (the knowledge of) Vedic texts, (are as impure as) falsehood (itself), that is a fixed rule.
19. And to this effect many sacred texts are sung also in the Vedas, in order to (make) fully known the true disposition (of women); hear (now those texts which refer to) the expiation of their (sins).
20. 'If my mother, going astray and unfaithful, conceived illicit desires, may my father keep that seed from me,' that is the scriptural text.
21. If a woman thinks in her heart of anything that would pain her husband, the (above-mentioned text) is declared (to be a means for) completely removing such infidelity.
22. Whatever be the qualities of the man with whom a woman is united according to the law, such qualities even she assumes, like a river (united) with the ocean.
23. Akshamala, a woman of the lowest birth, being united to Vasishtha and Sarangi, (being united) to Mandapala, became worthy of honour.
24. These and other females of low birth have attained eminence in this world by the respective good qualities of their husbands.
25. Thus has been declared the ever pure popular usage (which regulates the relations) between husband and wife; hear (next) the laws concerning children which are the cause of happiness in this world and after death.
26. Between wives (striyah) who (are destined) to bear children, who secure many blessings, who are worthy of worship and irradiate (their) dwellings, and between the goddesses of fortune (sriyah, who reside) in the houses (of men), there is no difference whatsoever.
27. The production of children, the nurture of those born, and the daily life of men, (of these matters) woman is visibly the cause.
28. Offspring, (the due performance on religious rites, faithful service, highest conjugal happiness and heavenly bliss for the ancestors and oneself, depend on one's wife alone.
29. She who, controlling her thoughts, speech, and acts, violates not her duty towards her lord, dwells with him (after death) in heaven, and in this world is called by the virtuous a faithful (wife, sadhvi)
30. But for disloyalty to her husband a wife is censured among men, and (in her next life) she is born in the womb of a jackal and tormented by diseases, the punishment of her sin.
31. Listen (now) to the following holy discussion, salutary to all men, which the virtuous (of the present day) and the ancient great sages have held concerning male offspring.
32. They (all) say that the male issue (of a woman) belongs to the lord, but with respect to the (meaning of the term) lord the revealed texts differ; some call the begetter (of the child the lord), others declare (that it is) the owner of the soil.
33. By the sacred tradition the woman is declared to be the soil, the man is declared to be the seed; the production of all corporeal beings (takes place) through the union of the soil with the seed.
34. In some cases the seed is more distinguished, and in some the womb of the female; but when both are equal, the offspring is most highly esteemed.
35. On comparing the seed and the receptacle (of the seed), the seed is declared to be more important; for the offspring of all created beings is marked by the characteristics of the seed.
36. Whatever (kind on seed is sown in a field, prepared in due season, (a plant) of that same kind, marked with the peculiar qualities of the seed, springs up in it.
37. This earth, indeed, is called the primeval womb of created beings; but the seed develops not in its development any properties of the womb.
38. In this world seeds of different kinds, sown at the proper time in the land, even in one field, come forth (each) according to its kind.
39. The rice (called) vrihi and (that called) sali, mudga-beans, sesamum, masha-beans, barley, leeks, and sugar-cane, (all) spring up according to their seed.
40. That one (plant) should be sown and another be produced cannot happen; whatever seed is sown, (a plant of) that kind even comes forth.
41. Never therefore must a prudent well-trained man, who knows the Veda and its Angas and desires long life, cohabit with another's wife.
42. With respect to this (matter), those acquainted with the past recite some stanzas, sung by Vayu (the Wind, to show) that seed must not be sown by (any) man on that which belongs to another.
43. As the arrow, shot by (a hunter) who afterwards hits a wounded (deer) in the wound (made by another), is shot in vain, even so the seed, sown on what belongs to another, is quickly lost (to the sower).
44. (Sages) who know the past call this earth (prithivi) even the wife of Prithu; they declare a field to belong to him who cleared away the timber, and a deer to him who (first) wounded it.
45. He only is a perfect man who consists (of three persons united), his wife, himself, and his offspring; thus (says the Veda), and (learned) Brahmanas propound this (maxim) likewise, 'The husband is declared to be one with the wife.'
46. Neither by sale nor by repudiation is a wife released from her husband; such we know the law to be, which the Lord of creatures (Pragapati) made of old.
47. Once is the partition (of the inheritance) made, (once is) a maiden given in marriage, (and) once does (a man) say,' I will give;' each of those three (acts is done) once only.
48. As with cows, mares, female camels, slave-girls, buffalo-cows, she-goats, and ewes, it is not the begetter (or his owner) who obtains the offspring, even thus (it is) with the wives of others.
49. Those who, having no property in a field, but possessing seed-corn, sow it in another's soil, do indeed not receive the grain of the crop which may spring up.
50. If (one man's) bull were to beget a hundred calves on another man's cows, they would belong to the owner of the cows; in vain would the bull have spent his strength.
51. Thus men who have no marital property in women, but sow their seed in the soil of others, benefit the owner of the woman; but the giver of the seed reaps no advantage.
52. If no agreement with respect to the crop has been made between the owner of the field and the owner of the seed, the benefit clearly belongs to the owner of the field; the receptacle is more important than the seed.
53. But if by a special contract (a field) is made over (to another) for sowing, then the owner of the seed and the owner of the soil are both considered in this world as sharers of the (crop).
54. If seed be carried by water or wind into somebody's field and germinates (there), the (plant sprung from that) seed belongs even to the owner of the field, the owner of the seed does not receive the crop.
55. Know that such is the law concerning the offspring of cows, mares, slave-girls, female camels, she-goats, and ewes, as well as of females of birds and buffalo-cows.
56. Thus the comparative importance of the seed and of the womb has been declared to you; I will next propound the law (applicable) to women in times of misfortune.
57. The wife of an elder brother is for his younger (brother) the wife of a Guru; but the wife of the younger is declared (to be) the daughter-in-law of the elder.
58. An elder (brother) who approaches the wife of the younger, and a younger (brother who approaches) the wife of the elder, except in times of misfortune, both become outcasts, even though (they were duly) authorised.
59. On failure of issue (by her husband) a woman who has been authorised, may obtain, (in the) proper (manner prescribed), the desired offspring by (cohabitation with) a brother-in-law or (with some other) Sapinda (of the husband).
60. He (who is) appointed to (cohabit with) the widow shall (approach her) at night anointed with clarified butter and silent, (and) beget one son, by no means a second.
61. Some (sages), versed in the law, considering the purpose of the appointment not to have been attained by those two (on the birth of the first), think that a second (son) may be lawfully procreated on (such) women.
62. But when the purpose of the appointment to (cohabit with) the widow bas been attained in accordance with the law, those two shall behave towards each other like a father and a daughter-in-law.
63. If those two (being thus) appointed deviate from the rule and act from carnal desire, they will both become outcasts, (as men) who defile the bed of a daughter-in-law or of a Guru.
64. By twice-born men a widow must not be appointed to (cohabit with) any other (than her husband); for they who appoint (her) to another (man), will violate the eternal law.
65. In the sacred texts which refer to marriage the appointment (of widows) is nowhere mentioned, nor is the re-marriage of widows prescribed in the rules concerning marriage.
66. This practice which is reprehended by the learned of the twice-born castes as fit for cattle is said (to have occurred) even among men, while Vena ruled.
67. That chief of royal sages who formerly possessed the whole world, caused a confusion of the castes (varna), his intellect being destroyed by lust.
68. Since that (time) the virtuous censure that (man) who in his folly appoints a woman, whose husband died, to (bear) children (to another man).
69. If the (future) husband of a maiden dies after troth verbally plighted, her brother-in-law shall wed her according to the following rule.
70. Having, according to the rule, espoused her (who must be) clad in white garments and be intent on purity, he shall approach her once in each proper season until issue (be had).
71. Let no prudent man, after giving his daughter to one (man), give her again to another; for he who gives (his daughter) whom he had before given, incurs (the guilt of) speaking falsely regarding a human being.
72. Though (a man) may have accepted a damsel in due form, he may abandon (her if she be) blemished, diseased, or deflowered, and (if she have been) given with fraud.
73. If anybody gives away a maiden possessing blemishes without declaring them, (the bridegroom) may annul that (contract) with the evil-minded giver.
74. A man who has business (abroad) may depart after securing a maintenance for his wife; for a wife, even though virtuous, may be corrupted if she be distressed by want of subsistence.
75. If (the husband) went on a journey after providing (for her), the wife shall subject herself to restraints in her daily life; but if he departed without providing (for her), she may subsist by blameless manual work.
76. If the husband went abroad for some sacred duty, (she) must wait for him eight years, if (he went) to (acquire) learning or fame six (years), if (he went) for pleasure three years.
77. For one year let a husband bear with a wife who hates him; but after (the lapse of) a year let him deprive her of her property and cease to cohabit with her.
78. She who shows disrespect to (a husband) who is addicted to (some evil) passion, is a drunkard, or diseased, shall be deserted for three months (and be) deprived of her ornaments and furniture.
79. But she who shows aversion towards a mad or outcast (husband), a eunuch, one destitute of manly strength, or one afflicted with such diseases as punish crimes, shall neither be cast off nor be deprived of her property.
80. She who drinks spirituous liquor, is of bad conduct, rebellious, diseased, mischievous, or wasteful, may at any time be superseded (by another wife).
81. A barren wife may be superseded in the eighth year, she whose children (all) die in the tenth, she who bears only daughters in the eleventh, but she who is quarrelsome without delay.
82. But a sick wife who is kind (to her husband) and virtuous in her conduct, may be superseded (only) with her own consent and must never be disgraced.
83. A wife who, being superseded, in anger departs from (her husband's) house, must either be instantly confined or cast off in the presence of the family.
84. But she who, though having been forbidden, drinks spirituous liquor even at festivals, or goes to public spectacles or assemblies, shall be fined six krishnalas.
85. If twice-born men wed women of their own and of other (lower castes), the seniority, honour, and habitation of those (wives) must be (settled) according to the order of the castes (varna).
86. Among all (twice-born men) the wife of equal caste alone, not a wife of a different caste by any means, shall personally attend her husband and assist him in his daily sacred rites.
87. But he who foolishly causes that (duty) to be performed by another, while his wife of equal caste is alive, is declared by the ancients (to be) as (despicable) as a Kandala (sprung from the) Brahmana (caste).
88. To a distinguished, handsome suitor (of) equal (caste) should (a father) give his daughter in accordance with the prescribed rule, though she have not attained (the proper age).
89. (But) the maiden, though marriageable, should rather stop in (the father's) house until death, than that he should ever give her to a man destitute of good qualities.
90. Three years let a damsel wait, though she be marriageable; but after that time let her choose for herself a bridegroom (of) equal (caste and rank).
91. If, being not given in marriage, she herself seeks a husband, she incurs no guilt, nor (does) he whom she weds.
92. A maiden who choses for herself, shall not take with her any ornaments, given by her father or her mother, or her brothers; if she carries them away, it will be theft.
93. But he who takes (to wife) a marriageable damsel, shall not pay any nuptial fee to her father; for the (latter) will lose his dominion over her in consequence of his preventing (the legitimate result of the appearance of) her enemies.
94. A man, aged thirty years, shall marry a maiden of twelve who pleases him, or a man of twenty-four a girl eight years of age; if (the performance of) his duties would (otherwise) be impeded, (he must marry) sooner.
95. The husband receives his wife from the gods, (he does not wed her) according to his own will; doing what is agreeable to the gods, he must always support her (while she is) faithful.
96. To be mothers were women created, and to be fathers men; religious rites, therefore, are ordained in the Veda to be performed (by the husband) together with the wife.
97. If, after the nuptial fee has been paid for a maiden, the giver of the fee dies, she shall be given in marriage to his brother, in case she consents.
98. Even a Sudra ought not to take a nuptial fee, when he gives away his daughter; for he who takes a fee sell his daughter, covering (the transaction by another name).
99. Neither ancients nor moderns who were good men have done such (a deed) that, after promising (a daughter) to one man, they have her to another;
100. Nor, indeed, have we heard, even in former creations, of such (a thing as) the covert sale of a daughter for a fixed price, called a nuptial fee.
101. 'Let mutual fidelity continue until death,' this may be considered as the summary of the highest law for husband and wife.
102. Let man and woman, united in marriage, constantly exert themselves, that (they may not be) disunited (and) may not violate their mutual fidelity.
103. Thus has been declared to you the law for a husband and his wife, which is intimately connected with conjugal happiness, and the manner of raising offspring in times of calamity; learn (now the law concerning) the division of the inheritance.
104. After the death of the father and of the mother, the brothers, being assembled, may divide among themselves in equal shares the paternal (and the maternal) estate; for, they have no power (over it) while the parents live.
105. (Or) the eldest alone may take the whole paternal estate, the others shall live under him just as (they lived) under their father.
106. Immediately on the birth of his first-born a man is (called) the father of a son and is freed from the debt to the manes; that (son), therefore, is worthy (to receive) the whole estate.
107. That son alone on whom he throws his debt and through whom he obtains immortality, is begotten for (the fulfilment of) the law; all the rest they consider the offspring of desire.
108. As a father (supports) his sons, so let the eldest support his younger brothers, and let them also in accordance with the law behave towards their eldest brother as sons (behave towards their father).
109. The eldest (son) makes the family prosperous or, on the contrary, brings it to ruin; the eldest (is considered) among men most worthy of honour, the eldest is not treated with disrespect by the virtuous.
110. If the eldest brother behaves as an eldest brother (ought to do), he (must be treated) like a mother and like a father; but if he behaves in a manner unworthy of an eldest brother, he should yet be honoured like a kinsman.
111. Either let them thus live together, or apart, if (each) desires (to gain) spiritual merit; for (by their living) separate (their) merit increases, hence separation is meritorious.
112. The additional share (deducted) for the eldest shall be one-twentieth (of the estate) and the best of all chattels, for the middlemost half of that, but for the youngest one-fourth.
113. Both the eldest and the youngest shall take (their shares) according to (the rule just) stated (each of) those who are between the eldest and the youngest, shall have the share (prescribed for the) middlemost.
114. Among the goods of every kind the eldest shall take the best (article), and (even a single chattel) which is particularly good, as well as the best of ten (animals).
115. But among (brothers) equally skilled in their occupations, there is no additional share, (consisting of the best animal) among ten; some trifle only shall be given to the eldest as a token of respect.
116. If additional shares are thus deducted, one must allot equal shares (out of the residue to each); but if no deduction is made, the allotment of the shares among them shall be (made) in the following manner.
117. Let the eldest son take one share in excess, the (brother) born next after him one (share) and a half, the younger ones one share each; thus the law is settled.
118. But to the maiden (sisters) the brothers shall severally give (portions) out of their shares, each out of his share one-fourth part; those who refuse to give (it), will become outcasts.
119. Let him never divide (the value of) a single goat or sheep, or a (single beast) with uncloven hoofs; it is prescribed (that) a single goat or sheep (remaining after an equal division, belongs) to the eldest alone.
120. If a younger brother begets a son on the wife of the elder, the division must then be made equally; this the law is settled.
121. The representative (the son begotten on the wife) is not invested with the right of the principal (the eldest brother to an additional share); the principal (became) a father on the procreation (of a son by his younger brother); hence one should give a share to the (son begotten on the wife of the elder brother) according to the rule (stated above).
122. If there be a doubt, how the division shall be made, in case the younger son is born of the elder wife and the elder son of the younger wife,
123. (Then the son) born of the first wife shall take as his additional share one (most excellent) bull; the next best bulls (shall belong) to those (who are) inferior on account of their mothers.
124. But the eldest (son, being) born of the eldest wife, shall receive fifteen cows and a bull, the other sons may then take shares according to (the seniority of) their mothers; that is a settled rule.
125. Between sons born of wives equal (in caste) (and) without (any other) distinction no seniority in right of the mother exists; seniority is declared (to be) according to birth.
126. And with respect to the Subrahmanya (texts) also it is recorded that the invocation (of Indra shall be made) by the first-born, of twins likewise, (conceived at one time) in the wombs (of their mothers) the seniority is declared (to depend) on (actual) birth.
127. He who has no son may make his daughter in the following manner an appointed daughter (putrika, saying to her husband), 'The (male) child, born of her, shall perform my funeral rites.'
128. According to this rule Daksha, himself, lord of created beings, formerly made (all his female offspring) appointed daughters in order to multiply his race.
129. He gave ten to Dharma, thirteen to Kasyapa, twenty-seven to King Soma, honouring (them) with an affectionate heart.
130. A son is even (as) oneself, (such) a daughter is equal to a son; how can another (heir) take the estate, while such (an appointed daughter who is even) oneself, lives?
131. But whatever may be the separate property of the mother, that is the share of the unmarried daughter alone; and the son of an (appointed) daughter shall take the whole estate of (his maternal grandfather) who leaves no son.
132. The son of an (appointed) daughter, indeed, shall (also) take the estate of his (own) father, who leaves no (other) son; he shall (then) present two funeral cakes to his own father and to his maternal grandfather.
133. Between a son's son and the son of an (appointed) daughter there is no difference, neither with respect to worldly matters nor to sacred duties; for their father and mother both sprang from the body of the same (man).
134. But if, after a daughter has been appointed, a son be born (to her father), the division (of the inheritance) must in that (case) be equal; for there is no right of primogeniture for a woman.
135. But if an appointed daughter by accident dies without (leaving) a son, the husband of the appointed daughter may, without hesitation, take that estate.
136. Through that son whom (a daughter), either not appointed or appointed, may bear to (a husband) of equal (caste), his maternal grandfather (has) a son's son; he shall present the funeral cake and take the estate.
137. Through a son he conquers the worlds, through a son's son he obtains immortality, but through his son's grandson he gains the world of the sun.
138. Because a son delivers (trayate) his father from the hell called Put, he was therefore called put-tra (a deliverer from Put) by the Self-existent (Svayambhu) himself.
139. Between a son's son and the son of a daughter there exists in this world no difference; for even the son of a daughter saves him (who has no sons) in the next world, like the son's son.
140. Let the son of an appointed daughter first present a funeral cake to his mother, the second to her father, the funeral to his father's father.
141. Of the man who has an adopted (Datrima) son possessing all good qualities, that same (son) shall take the inheritance, though brought from another family.
142. An adopted son shall never take the family (name) and the estate of his natural father; the funeral cake follows the family (name) and the estate, the funeral offerings of him who gives (his son in adoption) cease (as far as that son is concerned).
143. The son of a wife, not appointed (to have issue by another), and he whom (an appointed female, already) the mother of a son, bears to her brother-in-law, are both unworthy of a share, (one being) the son of an adulterer and (the other) produced through (mere) lust.
144. Even the male (child) of a female (duly) appointed, not begotten according to the rule (given above), is unworthy of the paternal estate; for he was procreated by an outcast.
145. A son (legally) begotten on such an appointed female shall inherit like a legitimate son of the body; for that seed and the produce belong, according to the law, to the owner of the soil.
146. He who takes care of his deceased brother's estate and of his widow, shall, after raising up a son for his brother, give that property even to that (son).
147. If a woman (duly) appointed bears a son to her brother-in-law or to another (Sapinda), that (son, if he is) begotten through desire, they declare (to be) incapable of inheriting and to be produced in vain.
148. The rules (given above) must be understood (to apply) to a distribution among sons of women of the same (caste); hear (now the law) concerning those begotten by one man on many wives of different (castes).
149. If there be four wives of a Brahmana in the direct order of the castes, the rule for the division (of the estate) among the sons born of them is as follows:
150. The (slave) who tills (the field), the bull kept for impregnating cows, the vehicle, the ornaments, and the house shall be given as an additional portion to the Brahmana (son), and one most excellent share.
151. Let the son of the Brahmana (wife) take three shares of the (remainder of the) estate, the son of the Kshatriya two, the son of the Vaisya a share and a half, and the son of the Sudra may take one share.
152. Or let him who knows the law make ten shares of the whole estate, and justly distribute them according to the following rule:
153. The Brahmana (son) shall take four shares, son of the Kshatriya (wife) three, the son of the Vaisya shall have two parts, the son of the Sudra may take one share.
154. Whether (a Brahmana) have sons or have no sons (by wives of the twice-born castes), the (heir) must, according to the law, give to the son of a Sudra (wife) no more than a tenth (part of his estate).
155. The son of a Brahmana, a Kshatriya, and a Vaisya by a Sudra (wife) receives no share of the inheritance; whatever his father may give to him, that shall be his property.
156. All the sons of twice-born men, born of wives of the same caste, shall equally divide the estate, after the others have given to the eldest an additional share.
157. For a Sudra is ordained a wife of his own caste only (and) no other; those born of her shall have equal shares, even if there be a hundred sons.
158. Among the twelve sons of men whom Manu, sprung from the Self-existent (Svayambhu), enumerates, six are kinsmen and heirs, and six not heirs, (but) kinsmen.
159. The legitimate son of the body, the son begotten on a wife, the son adopted, the son made, the son secretly born, and the son cast off, (are) the six heirs and kinsmen.
160. The son of an unmarried damsel, the son received with the wife, the son bought, the son begotten on a re-married woman, the son self-given, and the son of a Sudra female, (are) the six (who are) not heirs, (but) kinsmen.
161. Whatever result a man obtains who (tries to) cross a (sheet of) water in an unsafe boat, even that result obtains he who (tries to) pass the gloom (of the next world) with (the help of) bad (substitutes for a real) son.
162. If the two heirs of one man be a legitimate son of his body and a son begotten on his wife, each (of the two sons), to the exclusion of the other, shall take the estate of his (natural) father.
163. The legitimate son of the body alone (shall be) the owner of the paternal estate; but, in order to avoid harshness, let him allow a maintenance to the rest.
164. But when the legitimate son of the body divides the paternal estate, he shall give one-sixth or one-fifth part of his father's property to the son begotten on the wife.
165. The legitimate son and the son of the wife (thus) share the father's estate; but the other tell become members of the family, and inherit according to their order (each later named on failure of those named earlier).
166. Him whom a man begets on his own wedded wife, let him know to be a legitimate son of the body (Aurasa), the first in rank.
167. He who was begotten according to the peculiar law (of the Niyoga) on the appointed wife of a dead man, of a eunuch, or of one diseased, is called a son begotten on a wife (Kshetraga).
168. That (boy) equal (by caste) whom his mother or his father affectionately give, (confirming the gift) with (a libation of) water, in times of distress (to a man) as his son, must be considered as an adopted son (Datrima).
169. But he is considered a son made (Kritrima) whom (a man) makes his son, (he being) equal (by caste), acquainted with (the distinctions between) right and wrong, (and) endowed with filial virtues.
170. If (a child) be born in a man's house and his father be not known, he is a son born secretly in the house (Gudhotpanna), and shall belong to him of whose wife he was born.
171. He whom (a man) receives as his son, (after he has been) deserted by his parents or by either of them, is called a son cast off (Apaviddha).
172. A son whom a damsel secretly bears in the house of her father, one shall name the son of an unmarried damsel (Kanina, and declare) such offspring of an unmarried girl (to belong) to him who weds her (afterwards).
173. If one marries, either knowingly or unknowingly, a pregnant (bride), the child in her womb belongs to him who weds her, and is called (a son) received with the bride (Sahodha).
174. If a man buys a (boy), whether equal or unequal (in good qualities), from his father and mother for the sake of having a son, that (child) is called a (son) bought (Kritaka).
175. If a woman abandoned by her husband, or a widow, of her own accord contracts a second marriage and bears (a son), he is called the son of a re-married woman (Paunarbhava).
176. If she be (still) a virgin, or one who returned (to her first husband) after leaving him, she is worthy to again perform with her second (or first deserted) husband the (nuptial) ceremony.
177. He who, having lost his parents or being abandoned (by them) without (just) cause, gives himself to a (man), is called a son self-given (Svayamdatta).
178. The son whom a Brahmana begets through lust on a Sudra female is, (though) alive (parayan), a corpse (sava), and hence called a Parasava (a living corpse).
179. A son who is (begotten) by a Sudra on a female slave, or on the female slave of his slave, may, if permitted (by his father), take a share (of the inheritance); thus the law is settled.
180. These eleven, the son begotten on the wife and the rest as enumerated (above), the wise call substitutes for a son, (taken) in order (to prevent) a failure of the (funeral) ceremonies.
181. Those sons, who have been mentioned in connection with (the legitimate son of the body), being begotten by strangers, belong (in reality) to him from whose seed they sprang, but not to the other (man who took them).
182. If among brothers, sprung from one (father), one have a son, Manu has declared them all to have male offspring through that son.
183. If among all the wives of one husband one have a son, Manu declares them all (to be) mothers of male children through that son.
184. On failure of each better (son), each next inferior (one) is worthy of the inheritance; but if there be many (of) equal (rank), they shall all share the estate.
185. Not brothers, nor fathers, (but) sons take the paternal estate; but the father shall take the inheritance of (a son) who leaves no male issue, and his brothers.
186. To three (ancestors) water must be offered, to three the funeral cake is given, the fourth (descendant is) the giver of these (oblations), the fifth has no connection (with them).
187. Always to that (relative within three degrees) who is nearest to the (deceased) Sapinda the estate shall belong; afterwards a Sakulya shall be (the heir, then) the spiritual teacher or the pupil.
188. But on failure of all (heirs) Brahmanas (shall) share the estate, (who are) versed the in the three Vedas, pure and self-controlled; thus the law is not violated.
189. The property of a Brahmana must never be taken by the king, that is a settled rule; but (the property of men) of other castes the king may take on failure of all (heirs).
190. (If the widow) of (a man) who died without leaving issue, raises up to him a son by a member of the family (Sagotra), she shall deliver to that (son) the whole property which belonged to the (deceased).
191. But if two (sons), begotten by two (different men), contend for the property (in the hands) of their mother, each shall take, to the exclusion of the other, what belonged to his father.
192. But when the mother has died, all the uterine brothers and the uterine sisters shall equally divide the mother's estate.
193. Even to the daughters of those (daughters) something should be given, as is seemly, out of the estate of their maternal grandmother, on the score of affection.
194. What (was given) before the (nuptial) fire, what (was given) on the bridal procession, what was given in token of love, and what was received from her brother, mother, or father, that is called the sixfold property of a woman.
195. (Such property), as well as a gift subsequent and what was given (to her) by her affectionate husband, shall go to her offspring, (even) if she dies in the lifetime of her husband.
196. It is ordained that the property (of a woman married) according to the Brahma, the Daiva, the Arsha, the Gandharva, or the Pragapatya rite (shall belong) to her husband alone, if she dies without issue.
197. But it is prescribed that the property which may have been given to a (wife) on an Asura marriage or (one of the) other (blamable marriages, shall go) to her mother and to her father, if she dies without issue.
198. Whatever property may have been given by her father to a wife (who has co-wives of different castes), that the daughter (of the) Brahmani (wife) shall take, or that (daughter's) issue.
199. Women should never make a hoard from (the property of) their families which is common to many, nor from their own (husbands' particular) property without permission.
200. The ornaments which may have been worn by women during their husbands' lifetime, his heirs shall not divide; those who divide them become outcasts.
201. Eunuchs and outcasts, (persons) born blind or deaf, the insane, idiots and the dumb, as well as those deficient in any organ (of action or sensation), receive no share.
202. But it is just that (a man) who knows (the law) should give even to all of them food and raiment without stint, according to his ability; he who gives it not will become all outcast.
203. If the eunuch and the rest should somehow or other desire to (take) wives, the offspring of such among them as have children is worthy of a share.
204. Whatever property the eldest (son) acquires (by his own exertion) after the father's death, a share of that (shall belong) to his younger (brothers), provided they have made a due progress in learning.
205. But if all of them, being unlearned, acquire property by their labour, the division of that shall be equal, (as it is) not property acquired by the father; that is a settled rule.
206. Property (acquired) by learning belongs solely to him to whom (it was given), likewise the gift of a friend, a present received on marriage or with the honey-mixture.
207. But if one of the brothers, being able (to maintain himself) by his own occupation, does not desire (a share of the family) property, he may be made separate (by the others) receiving a trifle out of his share to live upon.
208. What one (brother) may acquire by his labour without using the patrimony, that acquisition, (made solely) by his own effort, he shall not share unless by his own will (with his brothers).
209. But if a father recovers lost ancestral property, he shall not divide it, unless by his own will, with his sons, (for it is) self-acquired (property).
210. If brothers, (once) divided and living (again) together (as coparceners), make a second partition, the division shall in that case be equal; in such a case there is no right of primogeniture.
211. If the eldest or the youngest (brother) is deprived of his share, or if either of them dies, his share is not lost (to his immediate heirs).
212. His uterine brothers, having assembled together, shall equally divide it, and those brothers who were reunited (with him) and the uterine sisters.
213. An eldest brother who through avarice may defraud the younger ones, shall no (longer hold the position of) the eldest, shall not receive an (eldest son's additional) share, and shall be punished by the king.
214. All brothers who habitually commit forbidden acts, are unworthy of (a share of) the property, and the eldest shall not make (anything his) separate property without giving (an equivalent) to his younger brothers.
215. If undivided brethren, (living with their father,) together make an exertion (for gain), the father shall on no account give to them unequal shares (on a division of the estate).
216. But a son, born after partition, shall alone take the property of his father, or if any (of the other sons) be reunited with the (father), he shall share with them.
217. A mother shall obtain the inheritance of a son (who dies) without leaving issue, and, if the mother be dead, the paternal grandmother shall take the estate.
218. And if, after all the debts and assets have been duly distributed according to the rule, any (property) be afterwards discovered, one must divide it equally.
219. A dress, a vehicle, ornaments, cooked food, water, and female (slaves), property destined for pious uses or sacrifices, and a pasture-ground, they declare to be indivisible.
220. The division (of the property) and the rules for allotting (shares) to the (several) sons, those begotten on a wife and the rest, in (due) order, have been thus declared to you; hear (now) the laws concerning gambling.
221. Gambling and betting let the king exclude from his realm; those two vices cause the destruction of the kingdoms of princes.
222. Gambling and betting amount to open theft; the king shall always exert himself in suppressing both (of them).
223. When inanimate (things) are used (for staking money on them), that is called among men gambling (dyuta), when animate beings are used (for the same purpose), one must know that to be betting (samahvaya).
224. Let the king corporally punish all those (persons) who either gamble and bet or afford (an opportunity for it), likewise Sudras who assume the distinctive marks of twice-born (men).
225. Gamblers, dancers and singers, cruel men, men belonging to an heretical sect, those following forbidden occupations, and sellers of spirituous liquor, let him instantly banish from his town.
226. If such (persons who are) secret thieves, dwell in the realm of a king, they constantly harass his good subjects by their forbidden practices.
227. In a former Kalpa this (vice of) gambling has been seen to cause great enmity; a wise man, therefore, should not practise it even for amusement.
228. On every man who addicts himself to that (vice) either secretly or openly, the king may inflict punishment according to his discretion.
229. But a Kshatriya, a Vaisya, and a Sudra who are unable to pay a fine, shall discharge the debt by labour; a Brahmana shall pay it by installments.
230. On women, infants, men of disordered mind, the poor and the sick, the king shall inflict punishment with a whip, a cane, or a rope and the like.
231. But those appointed (to administer public) affairs, who, baked by the fire of wealth, mar the business of suitors, the king shall deprive of their property.
232. Forgers of royal edicts, those who corrupt his ministers, those who slay women, infants, or Brahmanas, and those who serve his enemies, the king shall put to death.
233. Whenever any (legal transaction) has been completed or (a punishment) been inflicted according to the law, he shall sanction it and not annul it.
234. Whatever matter his ministers or the judge may settle improperly, that the king himself shall (re-) settle and fine (them) one thousand (panas).
235. The slayer of a Brahmana, (A twice-born man) who drinks (the spirituous liquor called) Sura, he who steals (the gold of a Brahmana), and he who violates a Guru's bed, must each and all be considered as men who committed mortal sins (mahapataka).
236. On those four even, if they do not perform a penance, let him inflict corporal punishment and fines in accordance with the law.
237. For violating a Guru's bed, (the mark of) a female part shall be (impressed on the forehead with a hot iron); for drinking (the spirituous liquor called) Sura, the sign of a tavern; for stealing (the gold of a Brahmana), a dog's foot; for murdering a Brahmana, a headless corpse.
238. Excluded from all fellowship at meals, excluded from all sacrifices, excluded from instruction and from matrimonial alliances, abject and excluded from all religious duties, let them wander over (this) earth.
239. Such (persons) who have been branded with (indelible) marks must be cast off by their paternal and maternal relations, and receive neither compassion nor a salutation; that is the teaching of Manu.
240. But (men of) all castes who perform the prescribed penances, must not be branded on the forehead by the king, but shall be made to pay the highest amercement.
241. For (such) offences the middlemost amercement shall be inflicted on a Brahmana, or he may be banished from the realm, keeping his money and his chattels.
242. But (men of) other (castes), who have unintentionally committed such crimes, ought to be deprived of their whole property; if (they committed them) intentionally, they shall be banished.
243. A virtuous king must not take for himself the property of a man guilty of mortal sin; but if he takes it out of greed, he is tainted by that guilt (of the offender).
244. Having thrown such a fine into the water, let him offer it to Varuna, or let him bestow it on a learned and virtuous Brahmana.
245. Varuna is the lord of punishment, for he holds the sceptre even over kings; a Brahmana who has learnt the whole Veda is the lord of the whole world.
246. In that (country), where the king avoids taking the property of (mortal) sinners, men are born in (due) time (and are) long-lived,
247. And the crops of the husbandmen spring up, each as it was sown, and the children die not, and no misshaped (offspring) is born.
248. But the king shall inflict on a base-born (Sudra), who intentionally gives pain to Brahmanas, various (kinds of) corporal punishment which cause terror.
249. When a king punishes an innocent (man), his guilt is considered as great as when he sets free a guilty man; but (he acquires) merit when he punishes (justly).
250. Thus the (manner of) deciding suits (falling) under the eighteen titles, between two litigant parties, has been declared at length.
251. A king who thus duly fulfils his duties in accordance with justice, may seek to gain countries which he has not yet gained, and shall duly protect them when he has gained them.
252. Having duly settled his country, and having built forts in accordance with the Institutes, he shall use his utmost exertions to remove (those men who are nocuous like) thorns.
253. By protecting those who live as (becomes) Aryans and by removing the thorns, kings, solely intent on guarding their subjects, reach heaven.
254. The realm of that king who takes his share in kind, though he does not punish thieves, (will be) disturbed and he (will) lose heaven.
255. But if his kingdom be secure, protected by the strength of his arm, it will constantly flourish like a (well)- watered tree.
256. Let the king who sees (everything) through his spies, discover the two sorts of thieves who deprive others of their property, both those who (show themselves) openly and those who (lie) concealed.
257. Among them, the open rogues (are those) who subsist by (cheating in the sale of) various marketable commodities, but the concealed rogues are burglars, robbers in forests, and so forth.
258. Those who take bribes, cheats and rogues, gamblers, those who live by teaching (the performance of) auspicious ceremonies, sanctimonious hypocrites, and fortune-tellers,
259. Officials of high rank and physicians who act improperly, men living by showing their proficiency in arts, and clever harlots,
260. These and the like who show themselves openly, as well as others who walk in disguise (such as) non-Aryans who wear the marks of Aryans, he should know to be thorns (in the side of his people).
261. Having detected them by means of trustworthy persons, who, disguising themselves, (pretend) to follow the same occupations and by means of spies, wearing various disguises, he must cause them to be instigated (to commit offences), and bring them into his power.
262. Then having caused the crimes, which they committed by their several actions, to be proclaimed in accordance with the facts, the king shall duly punish them according to their strength and their crimes.
263. For the wickedness of evil-minded thieves, who secretly prowl over this earth, cannot be restrained except by punishment.
264. Assembly-houses, houses where water is distributed or cakes are sold, brothels, taverns and victualler's shops, cross-roads, well-known trees, festive assemblies, and play-houses and concert-rooms,
265. Old gardens, forests, the shops of artisans, empty dwellings, natural and artificial groves,
266. These and the like places the king shall cause to be guarded by companies of soldiers, both stationary and patrolling, and by spies, in order to keep away thieves.
267. By the means of clever reformed thieves, who associate with such (rogues), follow them and know their various machinations, he must detect and destroy them.
268. Under the pretext of (offering them) various dainties, of introducing them to Brahmanas, and on the pretence of (showing them) feats of strength, the (spies) must make them meet (the officers of justice).
269. Those among them who do not come, and those who suspect the old (thieves employed by the king), the king shall attack by force and slay together with their friends, blood relations, and connexions.
270. A just king shall not cause a thief to be put to death, (unless taken) with the stolen goods (in his possession); him who (is taken) with the stolen goods and the implements (of burglary), he may, without hesitation, cause to be slain.
271. All those also who in villages give food to thieves or grant them room for (concealing their implements), he shall cause to be put to death.
272. Those who are appointed to guard provinces and his vassals who have been ordered (to help), he shall speedily punish like thieves, (if they remain) inactive in attacks (by robbers).
273. Moreover if (a man), who subsists by (the fulfilment of) the law, departs from the established rule of the law, the (king) shall severely punish him by a fine, (because he) violated his duty.
274. Those who do not give assistance according to their ability when a village is being plundered, a dyke is being destroyed, or a highway robbery committed, shall be banished with their goods and chattels.
275. On those who rob the king's treasury and those who persevere in opposing (his commands), he shall inflict various kinds of capital punishment, likewise on those who conspire with his enemies.
276. But the king shall cut off the hands of those robbers who, breaking into houses, commit thefts at night, and cause them to be impaled on a pointed stake.
277. On the first conviction, let him cause two fingers of a cut-purse to be amputated; on the second, one hand and one foot; on the third, he shall suffer death.
278. Those who give (to thieves) fire, food, arms, or shelter, and receivers of stolen goods, the ruler shall punish like thieves.
279. Him who breaks (the dam of) a tank he shall slay (by drowning him) in water or by (some other) (mode of) capital punishment; or the offender may repair the (damage), but shall be made to pay the highest amercement.
280. Those who break into a (royal) storehouse, an armoury, or a temple, and those who steal elephants, horses, or chariots, he shall slay without hesitation.
281. But he who shall take away the water of a tank, made in ancient times, or shall cut off the supply of water, must be made to pay the first (or lowest) amercement.
282. But he who, except in a case of extreme necessity, drops filth on the king's high-road, shall pay two karshapanas and immediately remove (that) filth.
283. But a person in urgent necessity, an aged man, a pregnant woman, or a child, shall be reprimanded and clean the (place); that is a settled rule.
284. All physicians who treat (their patients) wrongly (shall pay) a fine; in the case of animals, the first (or lowest); in the case of human beings, the middlemost (amercement).
285. He who destroys a bridge, the flag (of a temple or royal palace), a pole, or images, shall repair the whole (damage) and pay five hundred (panas).
286. For adulterating unadulterated commodities, and for breaking gems or for improperly boring (them), the fine is the first (or lowest) amercement.
287. But that man who behaves dishonestly to honest (customers) or cheats in his prices, shall be fined in the first or in the middlemost amercement.
288. Let him place all prisons near a high-road, where the suffering and disfigured offenders can be seen.
289. Him who destroys the wall (of a town), or fills up the ditch (round a town), or breaks a (town)- gate, he shall instantly banish.
290. For all incantations intended to destroy life, for magic rites with roots (practised by persons) not related (to him against whom they are directed), and for various kinds of sorcery, a fine of two hundred (panas) shall be inflicted.
291. He who sells (for seed-corn that which is) not seed-corn, he who takes up seed (already sown), and he who destroys a boundary (-mark), shall be punished by mutilation.
292. But the king shall cause a goldsmith who behaves dishonestly, the most nocuous of all the thorns, to be cut to pieces with razors.
293. For the theft of agricultural implements, of arms and of medicines, let the king award punishment, taking into account the time (of the offence) and the use (of the object).
294. The king and his minister, his capital, his realm, his treasury, his army, and his ally are the seven constituent parts (of a kingdom); (hence) a kingdom is said to have seven limbs (anga).
295. But let him know (that) among these seven constituent parts of a kingdom (which have been enumerated) in due order, each earlier (named) is more important and (its destruction) the greater calamity.
296. Yet in a kingdom containing seven constituent parts, which is upheld like the triple staff (of an ascetic), there is no (single part) more important (than the others), by reason of the importance of the qualities of each for the others.
297. For each part is particularly qualified for (the accomplishment of) certain objects, (and thus) each is declared to be the most important for that particular purpose which is effected by its means.
298. By spies, by a (pretended) display of energy, and by carrying out (various) undertakings, let the king constantly ascertain his own and his enemy's strength;
299. Moreover, all calamities and vices; afterwards, when he has fully considered their relative importance, let him begin his operations.
300. (Though he be) ever so much tired (by repeated failures), let him begin his operations again and again; for fortune greatly favours the man who (strenuously) exerts himself in his undertakings.
301. The various ways in which a king behaves (resemble) the Krita, Treta, Dvapara, and Kali ages; hence the king is identified with the ages (of the world).
302. Sleeping he represents the Kali (or iron age), waking the Dvapara (or brazen) age, ready to act the Treta (or silver age), but moving (actively) the Krita (or golden) age.
303. Let the king emulate the energetic action of Indra, of the Sun, of the Wind, of Yama, of Varuna, of the Moon, of the Fire, and of the Earth.
304. As Indra sends copious rain during the four months of the rainy season, even so let the king, taking upon himself the office of Indra, shower benefits on his kingdom.
305. As the Sun during eight months (imperceptibly) draws up the water with his rays, even so let him gradually draw his taxes from his kingdom; for that is the office in which he resembles the Sun.
306. As the Wind moves (everywhere), entering (in the shape of the vital air) all created beings, even so let him penetrate (everywhere) through his spies; that is the office in which he resembles the Wind.
307. As Yama at the appointed time subjects to his rule both friends and foes, even so all subjects must be controlled by the king; that is the office in which he resembles Yama.
308. As (a sinner) is seen bound with ropes by Varuna, even so let him punish the wicked; that is his office in which he resembles Varuna.
309. He is a king, taking upon himself the office of the Moon, whose (appearance) his subjects (greet with as great joy) as men feel on seeing the full moon.
310. (If) he is ardent in wrath against criminals and endowed with brilliant energy, and destroys wicked vassals, then his character is said (to resemble) that of Fire.
311. As the Earth supports all created beings equally, thus (a king) who supports all his subjects, (takes upon himself) the office of the Earth.
312. Employing these and other means, the king shall, ever untired, restrain thieves both in his own dominions and in (those of) others.
313. Let him not, though fallen into the deepest distress, provoke Brahmanas to anger; for they, when angered, could instantly destroy him together with his army and his vehicles.
314. Who could escape destruction, when he provokes to anger those (men), by whom the fire was made to consume all things, by whom the (water of the) ocean was made undrinkable, and by whom the moon was made to wane and to increase again?
315. Who could prosper, while he injures those (men) who provoked to anger, could create other worlds and other guardians of the world, and deprive the gods of their divine station?
316. What man, desirous of life, would injure them to whose support the (three) worlds and the gods ever owe their existence, and whose wealth is the Veda?
317. A Brahmana, be he ignorant or learned, is a great divinity, just as the fire, whether carried forth (for the performance of a burnt-oblation) or not carried forth, is a great divinity.
318. The brilliant fire is not contaminated even in burial-places, and, when presented with oblations (of butter) at sacrifices, it again increases mightily.
319. Thus, though Brahmanas employ themselves in all (sorts of) mean occupations, they must be honoured in every way; for (each of) them is a very great deity.
320. When the Kshatriyas become in any way overbearing towards the Brahmanas, the Brahmanas themselves shall duly restrain them; for the Kshatriyas sprang from the Brahmanas.
321. Fire sprang from water, Kshatriyas from Brahmanas, iron from stone; the all-penetrating force of those (three) has no effect on that whence they were produced.
322. Kshatriyas prosper not without Brahmanas, Brahmanas prosper not without Kshatriyas; Brahmanas and Kshatriyas, being closely united, prosper in this (world) and in the next.
323. But (a king who feels his end drawing nigh) shall bestow all his wealth, accumulated from fines, on Brahmanas, make over his kingdom to his son, and then seek death in battle.
324. Thus conducting himself (and) ever intent on (discharging) his royal duties, a king shall order all his servants (to work) for the good of his people.
325. Thus the eternal law concerning the duties of a king has been fully declared; know that the following rules apply in (due) order to the duties of Vaisyas and Sudras.
326. After a Vaisya has received the sacraments and has taken a wife, he shall be always attentive to the business whereby he may subsist and to (that of) tending cattle.
327. For when the Lord of creatures (Pragapati) created cattle, he made them over to the Vaisya; to the Brahmana, and to the king he entrusted all created beings.
328. A Vaisya must never (conceive this) wish, I will not keep cattle; and if a Vaisya is willing (to keep them), they must never be kept by (men of) other (castes).
329. (A Vaisya) must know the respective value of gems, of pearls, of coral, of metals, of (cloth) made of thread, of perfumes, and of condiments.
330. He must be acquainted with the (manner of) sowing of seeds, and of the good and bad qualities of fields, and he must perfectly know all measures and weights.
331. Moreover, the excellence and defects of commodities, the advantages and disadvantages of (different) countries, the (probable) profit and loss on merchandise, and the means of properly rearing cattle.
332. He must be acquainted with the (proper), wages of servants, with the various languages of men, with the manner of keeping goods, and (the rules of) purchase and sale.
333. Let him exert himself to the utmost in order to increase his property in a righteous manner, and let him zealously give food to all created beings.
334. But to serve Brahmanas (who are) learned in the Vedas, householders, and famous (for virtue) is the highest duty of a Sudra, which leads to beatitude.
335. (A Sudra who is) pure, the servant of his betters, gentle in his speech, and free from pride, and always seeks a refuge with Brahmanas, attains (in his next life) a higher caste.
336. The excellent law for the conduct of the (four) castes (varna), (when they are) not in distress, has been thus promulgated; now hear in order their (several duties) in times of distress.
9END
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