77

77. Col. Dig. V, 8, 460; V. p. 205; May. p. 85; Viv. p. 302..78. May. p. 69; Smrni/^. (Iyer) VII, 23.

grandfather, the father, or the mother, (all that) shall not be taken from him (who possesses it); (he may keep), likewise, property acquired by valour and the wealth of his wife.

79. Those by whom clothes and the like articles have been declared indivisible have not decided properly. The wealth of the rich depends on clothes and ornaments.

80. (Such wealth) when withheld from partition will yield no profit; but neither can it be allotted to a single (coparcener). Therefore it has to be divided with some skill; or* else it would be useless.

81. Clothes and ornaments are divided by (dis- tributing the proceeds after) selling them; a written bond (concerning a debt, is divided) after recovering the sum lent; prepared food (is divided) by an ex- change for (an equal amount of) unprepared food.

82. The water of a well or pool shall be drawn and used according to need. A single female (slave) shall be (successively) set to work at their houses (by the several sharers) according to their shares (of the inheritance).

St^, If there are many of them, they shall be divided equally. The same rule applies to male slaves as well. Property obtained for a pious pur- pose shall be divided in equal shares.

84. Fields and embankments shall be divided according to their several shares. A common (road or) pasture-ground shall be always used by the co- heirs in due proportion to their several shares.

79-84. Col. Dig. V, 5, 366; May. pp. 71, 72; Smr/ti/^. (Iyer) VII, 41-43, &c. The arrangement of these texts varies in the several M^orks.

85. The clothes, ornaments, bed, and the like, as well as the vehicle and the like, appertaining to the father, shall be given to the person who partakes of his funeral repast, after honouring him with fragrant drugs and flowers.

86. Such property, whether immovable or other, as has been given to women by their father-in-law, can never be taken away from them by the co-heirs.

S'/. Stridhana goes to the children, and the daughter if not betrothed has a share in it. If she is married, she shall receive an honorary trifle only.

88. The mother's sister, the wife of a maternal uncle, a paternal uncle's wife, a father's sister, a mother-in-law, and an elder brother's wife are de- clared to be equal to a mother.

89. If they have no legitimate son of the body, nor (other) son, nor daughter's son, nor their son, their sister's son, &c. shall inherit their property.

90. A heinous crime, (a claim regarding) immov- able property, a deposit, and a previous partition among co-heirs, have to be ascertained by cir- cumstantial evidence, in default of documents and witnesses.

91. A family feud, mutual malice, or the discovery of stolen goods, may be evidence of a heinous crime; possession of the land may be proof of property; and separate property is an argument of partition.

87. Col. Dig. V, 9, 487; D. IV, 2, 3; Viv. p. 267; V. p. 229. The two first works read, ' she does not take her mother's wealth ' for * she shall receive an honorary trifle only.'

88,89. Col. Dig. V, 9,513; D.VI,3,3i; May. p. 98; V. p. 243. 90-92. Col. Dig. V, 6, 389; D. XIV, 8. 90, 92. V. p. 261.

92. Those who keep their income, expenditure, and mortgages distinct, and engage in mutual trans- actions in money-lending and trafific, are undoubtedly separate.

93. Whether kinsmen are united or separate, they are all alike as regards immovable property, as no one of them has power in any case to give, mortgage, or sell it.

94. 95- Whatever share is enjoyed by each, must not be changed from him. If he should subsequently contest a distribution, which was made with his own consent, he shall be compelled by the king to content himself with his share, and shall be punished if he should persist in contention.

96. When the loan or mortgaging of joint property is concealed with a fraudulent purpose, the king shall recover it from the cheat by artifice, but not use violence to extort it from him.

97. Cheats, robbers of wealth, crafty and covetous men, shall be reclaimed by friendly expostulation, by the loss of their own property, or by stra- tagem.

98. Household utensils, beasts of burden and the like, milch cattle, ornaments, and workmen have to be divided on being discovered. When property is (supposed to be) hidden, proof by sacred libation is ordained.

92. May. p. 75; Viv. p. 313; Ratn. p. 608.

93. M. I, I, 30; May. p. 76; V. pp. 87, 158; D. II, 27 (' Vyasa '). For ' kinsmen ' some works read ' coparceners ' or * co-heirs ' (dayada^). The general meaning remains the same.

94. 95. Col. Dig. V, 6, 378; May. p. 76; V. pp. 258, 259. 96, 97. Col. Dig. V, 6, 379; Ratn. p. 526.

99. When there are many uterine brothers sprung from one (father), and a son is born even to one of them only, they all are declared to have male off- spring (through that son).

100. The same rule is declared for a plurality of wives of one (husband); if one of them has male issue, that (son) shall present the funeral ball of meal to them all.

loi. (For one leaving no male issue), a brother, or brother's son, or a Sapi;/^a, or a pupil, should first perform the ceremony of uniting him with the Sapi;/^as (to be worshipped at a KS'raddha offering), and then offer him the funeral ceremonies customary on joyful occasions.

1. Gambling has been prohibited by Manu, be- cause it destroys truth, honesty, and wealth. It has been permitted by other (legislators) when con- ducted so as to allow the king a share (of every stake).

2. It shall take place under the superintendence of keepers of gaming-houses, as it serves the pur- pose of discovering thieves. The same rule has to be observed in bets on prize-fights with animals.

3. When birds, rams, deer or other (animals) are caused to fight against one another, after a wager has been laid, it is called betting on animals (sami- hvaya).

99, 100. Ratn. p. 583; Varadara^a, p. 27.

XXVI, 1,2. Viv. p. 318; Viram.pp. 721,722. See Manu IX, 224.

4. When any one is defeated in a prize-fight between two animals, the wager which has been laid shall be paid by the owner of the (defeated) animal.

5. A wager (or game) shall be made in public; false gamblers shall be banished.

6. When there is a point at issue between the two parties (in a game or wager, other) gamblers shall examine (and decide) the matter; if they are enemies (of either party), the king shall decide the dispute.

7. One defeated in a secret game; or ignorant of the rules; or (defeated) by the use of false dice, or by deceit, though acquainted with the game, shall be released; and one who has lost his entire wealth in a game shall not be compelled to give the whole of it.

8. The keeper of the gaming-house shall receive the stakes and pay the victorious gambler and the king; he shall also act as witness in a dispute, assisted by three other gamblers.

9. Those wicked men who use false dice in a game, or rob the king of his due, or cheat by making false computations, are declared to be gamblers de- serving punishment.

I. This (aggregate of rules concerning) lawsuits instituted by litigants has been briefly declared; I will declare (next the law concerning) Miscellaneous Causes instituted by the king (in person).

4, 5. Viv. p. 318; Viram, p. 720. 6. Viram. p. 720.

2. In the case of a conflict between two Smr/tis (texts of law), equity should be resorted to; when the law-books are inapplicable, that course should be followed which is indicated by a consideration of the circumstances of the case.

3. (However) the first rank (among legislators) belongs to Manu, because he has embodied the essence of the Veda in his work; that Smrzti (or text of law) which is opposed to the tenor of the laws of Manu is not approved.

4. When he has discovered a man to be an offender, (the king) should inflict (one of the va- rious sorts of punishment) on him, (gentle) admo- nition, (harsh) reproof or corporal chastisement, or one of the four gradations of fines.

5. (Let him inflict) a (gentle) admonition, when the offence is very light; (harsh) reproof, for a crime in the first degree; a fine, for a crime in the (second or) middlemost degree; and arrest, in the case of high-treason.

6. Banishment also may be resorted to by (a king) desirous of promoting his own welfare in order to meet opposition, and all (the various) sorts (of punishment) should be united in the case of one who has committed a mortal sin.

7. (The king) should punish elders, domestic priests, and persons commanding respect, with (gentle) admonition only; other litigants he should amerce in a fine, when they are found to be guilty;

3. Col. Dig. V, 5, 333. vedarthopanibaddhatvat pradhanyaw tu mano^ smr/tam i manvarthaviparita ya na sa smr/ti^ pra^asyate li

and on the perpetrators of a heavy crime he should inflict corporal punishment.

8. (Gentle) admonition and (harsh) reproof are declared to be the privilege of the Brahman (appointed as chief judge); but both fines and corporal punishment may be inflicted by the king only.

9. Both hands, both feet, the male organ, the eye, the tongue, both ears, the nose, the neck, one half of the feet, the thumb and index, the forehead, the lips, the hindpart, and the hips:

10. These fourteen places of punishment have been indicated. For a Brahman, branding him on the forehead is ordained as the only kind of punish- ment.

11. A Brahman, though a mortal sinner, shall not suffer capital punishment; the king shall banish him, and cause him to be branded and shaved.

12. That man who deserves capital punishment shall be compelled to pay one hundred Suvar/^as; one deserving to have a limb cut off, half as much; and one deserving to have the thumb and index (cut off), half of that.

13. The eighteen titles of law have been ex- plained, together with the particulars of plaint and answer. Learn now (the law regarding) the relative validity of transactions.

14. That transaction which has been prior in time (to another) shall be upheld. If it is departed from, that is (called) an alteration of a transaction.

15. If a creditor or debtor revokes a previous

8. Ratn. p. 630. 9, 10. Ratn. p. 631. 11. Ratn. p. 634. 12. Ratn. p. 656. 13-18. Ratn. pp. 618-620.

agreement and makes another contract of the same description, (in which a) greater or less (amount is stated), it is termed an alteration of a transaction.

16. When (a debtor) having received a loan at the rate of two per cent, (in the month) promises to pay five per cent., that subsequent agreement is valid.

1 7. Between two successive transactions, the first is (rendered) void (by the second); a subsequent agreement prevails over the one preceding it in time.

18. When a man first makes a deposit and con- verts it into a pledge afterwards, after receiving money (for it), or sells it, the second transaction prevails over the first.

[19. Forbidden practices are found among the Southerners in the present day, (such as) matches with a maternal uncle's daughter, in spite of the prohibited degree of relationship on the mother's side (causing such unions to be illegal).

20. The highly reprehensible custom of a brother living with his deceased brother's wife, and the de- livery of a marriageable damsel to a family is found in other countries.

21. What is more, matches with a mother occur among the Parasikas. The inhabitants of some countries do not allow the presentation of fresh gifts (of food) at a ^'raddha offering to those Brahmans who have been fed at a vSrdddha held on the eleventh

19-24. These texts will be published elsewhere. They have been taken from the Sawskara K^nda. of the Smr/tiX'andrika, where they are quoted from an uncertain author. 20 has been printed, as a text of Brzhaspati, in Professor Biihler's U^^vala, p. 10 1. The term ' Parasikas ' denotes the Persians, or perhaps the Parsis of India.

day (after the decease of a person) or at some other 6'rdddha.

22. Others, after lending grain, take twice as much back in the autumn season and occupy the embanked land, after having received twice the amount lent,

23. Though the principal has been repaid. This is reprehensible also. Such forbidden practices (the king) should check (when they are resorted to) through folly.

24. Such customs as are not opposed to the laws of particular countries and castes or other (corpora- tions), every king should establish in accordance with the sacred law, after consulting the law-books.]

25. Thus let the king every day examine, in common with learned Brahmans, both the suits proffered by litigants and those instituted by the king (himself).

26. When the safety of many may be effected by destroying a single offender, his execution is produc- tive of religious merit (even).

26. Smmi^. ekasmin yatra nidhanaw prapite dush/a^arim i ba- hund.m bhavati kshemas tasya pu«yaprado vadha^ 1 1

P. 231, Appendix v. 56. This difficult text, together with an additional text, is quoted in a somewhat different, but equally faulty form, in the recently published last fasciculus of the Vivadaratnakara in the Bibliotheca Indica. I propose to render the two texts as follows: ' Fines beginning with a Karshapawa may amount to four Karshapawas at most (in heavy cases); there are others beginning with two and rising to eight, or beginning with three and rising to twelve Karshapawas. All those (fines) which have been declared to begin with one Karshdpawa may be raised to the fourfold amount; the same rule applies to the other fines as well, excepting the highest fine (which consists of 2500 Pawas)/

P. 369, after v. 14, add ' 15. A wife should be honoured by her husband with (presents of) clothes, ornaments, and food; and at a festival (she should receive similar presents) from her father and brothers, her parents-in-law, and other relations/

P. 369, after note on w. 12-14, add 15. Smnti^. bhartra patni samabhyar^ya vastrdlawkarabho^anai^ I utsave tu pitr/bhratmva- juradyaij kz. bandhubhi^^ il

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* M. Renan pr^sente trois nouveaux line seconde, dont Tint^ret historique et volumes de la grande collection des religieux ne sera pas moindre. M. Max *' Livres sacres de I'Orient " (Sacred Miiller a su se procurer la collaboration Books of the East), que dirige a Oxford, des savans les plus eminens d'Europe et avec une si vaste enidition et une critique d'Asie. L'Universite d'Oxford, que cette si sfire, le savant associe de I'Academie grande publication honore au plus haut des Inscriptions, M. Max Miiller.... La degr^, doit tenir i continuer dans les plus premiere s6rie de ce beau recueil, com- larges proportions une oeuvre aussi philo- pos^e de 24 volumes, est presque achev^e. sophiquement con9ue que savamment M. Max Miiller se propose d'en publier execut^e.'

* We rejoice to notice that a second great edition of the Rig- Veda, can corn- series of these translations has been an- pare in importance or in usefulness with nounced and has actually begun to appear. this English translation of the Sacred The stones, at least, out of which a stately Books of the East, which has been devised edifice may hereafter arise, are here being by his foresight, successfully brought so brought together. Prof. Max MUller has far by his persuasive and organising deserved well of scientific history. Not power, and will, we trust, by the assist- a few minds owe to his enticing words ance of the distinguished scholars he has their first attraction to this branch of gathered round him, be carried in due study. But no work of his, not even the time to a happy completion.'

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