Reading section 7

(vii) "A son by gift," is one who is made a gift of, either by his father or his mother.[198]

131 (viii) "A son by purchase," is one sold by his parents.[199]

(ix) "A son made," is a son [born of parents deceased,] selected by any one for himself.

(x) "A self-given son," is one who has given himself [as a son to another.][200]

(xi) "A son with the bride," is one of whom the mother is already pregnant [by another than her husband] when she marries.[201]

132 (xii) "A deserted son," is one adopted upon being forsaken [by his own parents.[202]]

The first in order that there may be, of the sons above described, shall present the oblation cake[203] and take the inheritance.[204]

133. Such is the rule enjoined by me for sons where there is equality of cast. Even the son begotten by a Sudra, on a slave-woman, shall have such share as [the father] may allot.[205]

134. [But if there be no partition till] after the father's death, then the brothers [born in marriage] are to assign him half a share: if there be no brothers nor daughters' sons, he then takes the whole.

135, 136. If a man depart this life without male issue; (i) his wife, (ii) his daughters, (iii) his parents,[206] (iv) his brothers,[207] (v) the sons of brothers,[208] (vi) others of the same _gotra_,[209] (vii) kindred more remote,[210] (viii) a pupil, (ix) a fellow-student[211]--these succeed to the inheritance; each class upon failure of the one preceding. This rule applies to all the casts.

137. The heirs of a hermit, of a religious ascetic, of a professed _brahmachari_,[212] are successively, the preceptor, the disciple, and an associate dwelling in the same religious retreat.

138. One reunited[213] shall take the portion of his deceased reunited co-sharer, and shall give it up to a [son, if one be afterwards] born.[214] This is always so with uterine brothers.

139. A reunited half-brother shall take the property; not a [separated] half-brother: but a [uterine brother] whether reunited or not, shall take; this not being so with the half-brother.[215]

140. An impotent, an outcast as well as his son,[216] a cripple, a madman, an idiot, one blind, one incurably diseased, and such like,[217] are to be maintained, but do not share in the inheritance.

141. The _aurasa_ sons of those [disqualified] persons, also their wives' sons,[218] if themselves free from defect,[219] succeed to shares; and their daughters[220] are to be maintained until provided with husbands.

142. [So] their childless wives shall be maintained, if of good conduct; but shall be cast off, if of vicious habits, or of an evil nature.[221]

143. What has been given [to a woman] by her father, her mother, her husband, or her brother, or received by her before the nuptial fire, or on occasion of her husband's marriage with another wife, and such like,[222] is called _stridhana._

144. Gifts from her kindred, from the bridegroom [before marriage], also subsequent gifts, descend to her own kindred, should she die without issue.

145. The _stridhana_ of a wife dying without issue, who has been married in one of the four forms of marriage designated _brahma_ &c.,[223] belongs to the husband; if she have issue, then the _stridhana_ goes to her daughters; should she have been married in another form,[224] then her _stridhana_ goes to her parents.[225]

146. Whoso withholds his daughter,[226] after having promised to give her [in marriage], shall be amerced, and shall reimburse all expenses incurred with interest. If she die [after being affianced] he [_i. e._ the bridegroom] shall receive back what he has given, deduction being made for the expenditure on both sides.

147. A husband need not return to his wife _stridhana_ appropriated by him, during a famine, or in order to perform sacred rites,[227] or when suffering from disease,[227] or when in prison.[227]

148. If he marry another wife, he shall give to the one he has, as a consideration for superseding her, should she not already have received _stridhana_, what is equivalent [to his gifts on the second marriage]: but, should she have already received _stridhana_, then, it is declared, [she is entitled to only] half the amount.[228]

149. If the fact of a partition be denied, the matter shall be ascertained by [reference to] relatives, near or remote, witnesses, and writings, also [by enquiry as to] separate possession of messuage and land.[229]

150. When there is a dispute as to boundaries, the neighbours of the [disputed] land, old men and the like,[230] cowherds, cultivators of the soil close to the [disputed] boundary, and all whose business is in forests--[231]

151.--these shall determine the boundaries, as they are indicated by elevated ground, by charcoal [-remnants],[232] by husks,[233] by trees, by a causeway, by ant-hills, by depressions of the soil, by bones, by memorials,[234] and such like.[235]

152. Otherwise,[236] four, eight, or ten neighbours of the same village, wearing a red wreath and red garments, and carrying earth, shall settle the boundary.[237]

153. And if any falsehood be uttered, upon each one [speaking falsely] the monarch shall impose the medium fine.[238]

In the absence of any persons having knowledge of the matter, and of any indicatory signs, the monarch shall mark the boundary.[239]

154. The same rule applies to fruit-gardens, to out-houses, to villages,[240] to wells or tanks, to pleasure-gardens, and to dwellings, as well as to watercourses caused by the rain.[241]

155. If the boundary be broken, or be overstepped,[242] if a field[243] be taken away; the lowest, the highest and the medium fines shall be imposed.[244]

156. [Constructing] a useful dam, if it occasion but slight damage [to individuals], is not to be prevented; nor is a well[245] which takes from another's land, if having an abundant supply of water and not of large extent.

157. If one construct a dam in a field, without notice to the owner thereof, the right to use it, when complete, shall belong to the owner of the field: if the field be without owner, then the user belongs to the monarch.

158. Whoso fails to complete the cultivation of a field which he has partially ploughed, shall be made to pay [to the landowner] the value of the [expected] crop. He[246] shall complete the cultivation by means of another.

159. If a female buffalo spoil corn,[247] [her owner] shall be fined eight _mashas_,[248] if a cow, the half [of that sum]; if a goat or a sheep, the half of the latter.

160. If, after having grazed, they repose there, the fine shall be double what is above specified.

The same [rule applies] to land kept for pasture. An ass and a camel are [in this respect] the same as a female buffalo.

161. There shall be an indemnity for the owner of the field equal in value to the corn destroyed.[249] The herdsmen shall receive a beating, but the cattle-owner be punished by fine, as before mentioned.

162. No guilt attaches[250] [to the cattle-owner,] if the field[251] be close to the public road, or to the village pasture lands,[252] and he do not intend [the trespass]; if he do intend it, then he incurs punishment as a thief.

163. A bull, cattle permitted to be at large,[253] a cow that has recently calved, estrays,[254] and the like,[255] having no keeper or brought there by accident or by act of the monarch, shall be let go free.[256]

164. The herdsman shall, at the close of the day, give back the cattle, in the same manner[257] as they were delivered to him: if he be in receipt of wages, he shall replace such as have, through his negligence, died or been lost.[258]

165. If loss accrue by fault of the herdsman, he shall be fined thirteen _panas_ and a half, and shall make good the loss to the owner.

166. Pasture-ground shall be allotted for cattle, such as the villagers agree upon, or in proportion to the whole area of land, or as the monarch wills.

A twice-born man may, in every place, appropriate as his own, grass, fuel, and flowers.[259]

167. There shall be a space of one hundred _dhanus_[260] between a _grama_,[261] and the [surrounding] fields, of two hundred for a _karvata_,[261] of four hundred for a _nagara_.[261]

168. A man may seize any thing, belonging to himself, which another has sold.[262] The purchaser incurs blame, if [he have bought] secretly: and, if [he bought] from a low man,[263] with secrecy, for a small price, and at an unusual hour, he is [to be accounted] a thief.

169. If one obtain property [which he afterwards discovers to have been] lost or stolen, he should cause the taker[264] of it to be secured: should time or the place not permit of this being done, he must himself restore the property [to its owner].

170. Upon his producing the seller, he [the possessor,] is himself cleared: the owner takes the property, the monarch the fine, and the [defrauded] purchaser the value from the seller.

171. [A claim to] property [as] lost,[265] is to be supported by proof of acquisition[266] or of user: [the claimant,] if he fail, shall pay to the monarch one-fifth of the value [of the property] as a fine.

172. Whoever takes [back] from the hand of a stranger what has been stolen or lost [from himself] without informing the monarch, shall pay a fine of ninety six _panas_.[267]

173. When lost or stolen property has been recovered by customs officers or by the local police, the owner may claim it until one year has elapsed;[268] after that time it goes to the monarch.

174. If it be a single-hoofed animal, the owner shall pay four _panas_; if a man, five _panas_; if a buffalo, or a camel, or a cow, two _panas_; if a goat or a sheep, the fourth part of a _pana_.[269]

175.[270]Any property, other than women and children, may be given away, if it be no detriment to the family--but not the whole property, where there are children; nor any portion which has been already promised to another.

176. The acceptance [of a gift] should be public, especially of immovable property. Whatever may be lawfully given and is contracted to be given, shall not, after gift, be resumed.

177. The time given for trial [on purchase] of seed, is ten days;[271] of iron, one day; of beasts of burden, five days; of precious stones, seven days; of women,[272] one month; of milch-cows, three days; of men,[272] half a month.

178. By the action of fire, gold is not lessened in quantity: one hundred _palas_[273] of silver thereby lose two _palas_; of tin, one hundred _palas_ lose eight; lead and copper, out of one hundred _palas_, lose five; iron, of one hundred _palas_, loses ten.[274]

179. One hundred _palas_ of wool or cotton when worked[275] are increased by ten _palas_; if the thread be of middling fineness, the increase is five _palas_; if very fine, three _palas._

180. In figured textures and in those made of hair, the loss is estimated at one thirtieth part. In a texture of silk or of the bark of trees, there is neither loss nor increase.

181. Whenever loss has been sustained, the artisan shall be imperatively required to pay what competent judges award, after they shall have investigated [circumstances, of] place, of time, of the mode of using [the material], and its quality of strength or lightness.[276]

182. One made a slave by compulsion, and one sold[277] [into slavery] by robbers, are [entitled to be] set free; so also is [a slave] who saves his master's life; also one who [having adopted servitude for a living,] abandons his claim to maintenance; also one enslaved who pays off what is due from him.[278]

183. One who, being a religious mendicant, forsakes that condition, shall be, until death, the monarch's slave. Slavery must be in the order of the casts, not inversely.[279]