Chapter 5 of 133
RITUAL AND MORAL CONDUCT.[10]
1. The Munis[11] after adoration to Yájnavalkya, lord of Yogís,[12] thus addressed him:
Reveal to us the several duties of the casts, of the orders,[13] and of the others![14]
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2. The prince of the Yogís, who then abode in Mithilá, meditating for a moment, said to the Munis: Hearken to the rules of duty in the country of the black antelope![15]
3. There are fourteen repositories[16] of the sciences and of law; the four Vedas together with the Puráṇas, the Nyáya, the Mimánsá, the Dharma Śástras, and the six Angas.[17]
4. Manu, Atri, Vishṇu, Háríta, Yájnavalkya, Uśanas, Angiras, Yama, Ápastamba, Sanvarta, Kátyáyana, Brihaspati,
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5. Paráśara, Vyása, Śankha, Likhita, Daksha, Gautama, Śátátapa, and Vaśishṭha,[18] are they who have promulgated Dharma Śástras.
6. When a gift is made, in due season, place and manner, in good faith and to a fit person—all this gives the idea of Law.
7. The Śruti, the Smriti,[19] the practice of good men, what seems good to one's self,[20] and a desire maturely considered—these are declared to be the root[21] of Law.
9. Four learned in the Vedas and in the Law form a Court, or Traividya.[22] Whatever is declared by this [Court], or by a single person who has, in an eminent degree, knowledge of the soul in its relations[23]—the same should be [held as] Law.
10. Bráhmaṇs, Kshattriyas, Vaisyás and Śúdrás are the casts: of them the three first are [4]twice-born; all their rites, commencing with the procreative rites, and ending with those [which are gone through] where the corpse is disposed of,[24] are with Mantras.[25]
14. In the eighth year from conception, or in the eighth [of birth],[26] the investiture[27] of the Bráhmaṇ [takes place]; of Rajas[28] in the eleventh; of Vaisyás in the twelfth: some [have said, this varies] in accordance with [the usage of] the family.
39. Bráhmaṇs, Kshattriyas, and Vaisyás are born, first, of their mothers, and, a second time, by the girding on of the sacred thread—therefore are they declared to be twice-born.
116. [Men] are to be honoured in the gradation following,—in respect of learning, conduct, [5]years, family, property. Even a Śúdrá, if he excel in these respects, is in old age worthy of honour.
326. The monarch, at his rising [from the night's repose], having seen to the [general] safety, shall himself inspect the [account of] revenue and disbursements; he shall then adjudicate law-suits; after which, having bathed,[29] he may, at his pleasure, take his meal.[30]
342. Of a newly subjugated territory, the monarch shall preserve the social and religious usages, also the judicial system and the state of classes as they already obtain.[31]
352. A ruler, a minister, people, a stronghold, treasure, [power of] punishment, and allies—because these are its elements, a realm is called seven-limbed.
353. When possessed of this, let a monarch cause punishment to fall on the guilty; for, of old, justice was created by Brahmá under the form of punishment.[32]
357. A brother even, or a son, any one to whom respect is due, a father-in-law or maternal uncle, if he transgress, is not to go unpunished by the monarch.
358. The monarch who punishes such as deserve punishment, who slays such as deserve death: [6]he is as one who has made many sacrifices with valuable offerings.[33]
359. Every day should the monarch, pondering on his reward (such as sacrifices gain), himself investigate law-suits in their order with the judges around him.
360. The monarch, always duly correcting [those among] the casts, the mixed classes, the guilds, the schools[34] [of the learned], and the people [in general], who have deviated from their duty, should set them in the [right] path.
361. A particle of dust in the sunbeams, as they shine through a window, is held to consist of three atoms; eight of those [particles] are equal to a poppy seed, of which three are equal to a black mustard seed;
362. Three of these to a white mustard seed, three of these to a barley seed of middle size, three of these to a Krishṇala berry,[35] five of these to a Másha,[36] sixteen of these to a Suvarṇa.[37]
363. A Pala is four or five[38] Suvarṇas. Two Krishṇalas are a silver Másha; sixteen of the latter, a Dharaṇa.
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364. A Śatamána and a Pala are each equal to ten Dharaṇas: a Nishka is four Suvarṇas: a copper Paṇa is of the weight of a Karsha.[39]
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365. One thousand and eighty Paṇas is declared the highest fine; half of that amount the medium fine; and half of this the lowest fine.
366. Reproof, words of ignominy, fine, and death,[40] shall be administered, singly or together, according to the crime.[41]
367. [The monarch] having informed himself of the crime, the place where, and the time when [committed], the strength [of the criminal, his] age, calling, and means, shall cause punishment to fall upon the guilty.[42]
∵ The foregoing extracts, it will have been observed, are of general application, and do not refer to any part of the law in detail. Several slokas in the first book, however, and some in the third, do refer to and affect the details of law, which are the proper subject of the second book, where therefore they are inserted, according to their subject.
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