Reading section 8

Translator: Montriou, W. A. (William Austin); Röer, Edward

Hindu Law and Judicature from the Dharma-Sastra of Yajnavalkya. Translated by Montriou, W. A. (William Austin); Röer, Edward. This historical English edition is listed by Project Gutenberg as public domain in the USA. Read the source text, search passages, and explore it with the reading assistant.

Contents
  1. Reading section 1
  2. Reading section 2
  3. Reading section 3
  4. Reading section 4
  5. Reading section 5
  6. Reading section 6
  7. Reading section 7
  8. Reading section 8
  9. Reading section 9
  10. Reading section 10
  11. Reading section 11
  12. Reading section 12
  13. Reading section 13
  14. Reading section 14
  15. Reading section 15
  16. Reading section 16
  17. Reading section 17
  18. Reading section 18

184. Though an apprentice have attained a knowledge of his art,[280] he shall [nevertheless] remain in his master's house for the stipulated time, receiving from his master maintenance, and giving up to him his earnings.[281]

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185. The monarch shall erect in the city a mansion and shall settle therein brahmans learned in the three Vedas, and endow them, giving them injunction to discharge their duties.[282]

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186. They shall diligently practise all observances stipulated for[283] [in the endowment] which do not interfere with their personal duties, also whatever other observances the monarch may enjoin.[284]

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187. Whoso appropriates what belongs to the community or violates his engagement [with the community], shall forfeit his property and be banished the realm.[285]

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188. The word of those who [are appointed to] superintend the affairs[286] of the community must be obeyed by all [the members]: he who acts in violation thereof shall be amerced in the first [_i. e._ lowest] fine.[287]

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189. Those who have come [from other parts] upon the affairs of the community shall, upon completion of the business, be dismissed by the monarch, with gifts, with honour, and with hospitable entertainment.

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190. An emissary upon the business of the community shall deliver up whatever he has received [on their account]: if he fail to deliver voluntarily, he shall be amerced eleven times the value [of what he withholds].

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191. They who have direction of the affairs of the community should be such as know their duties,[288] are pure minded, and not covetous; their word for the welfare of the community is to be followed.

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192. What has just been enjoined is obligatory in like manner upon communities of craftsmen, of traders, and of _pashandas._[289] The monarch should preserve their distinctive character, and make them respectively adhere to their original callings.[290]

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193. If one, after receipt of wages, abandon his work, he shall pay double the amount; if [he desert] when he has not received [his wages], he shall pay a sum equal [to his wages].[291]

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The implements shall be in charge of the workman.[292]

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194. The monarch shall oblige him who gets work done without having previously fixed the rate of hire, to pay a tenth part, [whether] earnings in trade or [in care] of cattle, or [in cultivation] of corn.

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195. A master[293] may treat as he thinks right one who disregards time or place, or [so acts that he] prevents profit being earned.[294]

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The more that is done, the more shall be given.

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196. Where work [contracted for by two] cannot be proceeded with by the two,[295] [the one who has to abandon the work] shall be paid according to what he has performed; but, if practicable, the original contract should be carried out.[296]

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197. If goods [when in transport from place to place] be lost, the carrier shall pay their value; except [the loss be] occasioned by the monarch or by act of God. If he [who has contracted to transport goods] cause them not to start on the journey, he shall be made to pay twice the amount of his hire:

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198. if he abandon [his charge] when at the outset of the journey, he shall pay [a sum equal to] a seventh part [of the hire]; if, when he has proceeded to some distance, a fourth part; if when half-way, the entire amount of hire. The like [rule is to be observed] where [the hirer] breaks [his contract].

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199. If a professed gambler win at play [as much as] one hundred [_panas_], he shall pay to the keeper of the house one-fifth: others shall pay [the keeper] a tenth of their winnings.

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200. The latter,[297] [in consideration of] having [royal] protection, shall pay the portion stipulated to the monarch, shall make over all stakes won to the winner, shall be true of speech, and forbearing.

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201. The monarch shall enforce payment of winnings; [that is,] such as are made in a place kept by a licensed gaming-house-master paying the royal dues, among known players, meeting openly; in other cases, not.

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202. They who manage suits [arising out of the games], also the witnesses, are to be such persons as those last described.

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If any one play with false dice or cheat, the monarch shall have him branded and banished.

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203. An overseer of the games should be appointed, who may thus become familiar with [the persons of reputed] thieves.[298]

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The like rules apply to wagers at fighting games, whether of men or brutes.[299]

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204. If any give abusive words to one deprived of a limb or an organ of sense, or diseased, whether the words be true or untrue, or [in the guise of] ironical praise,--he shall be fined thirteen _panas_ and a half.[300]

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205. The monarch shall compel one who uses such insulting language as, "I will go to thy sister" or "to thy mother,"[301] to pay a fine of twenty-five _panas._

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206. Half [of this fine is to be imposed when the offensive words are] to inferiors, double if to the wives of other men or to superiors. The fine shall be regulated according to the higher or lower cast of the parties.[302]

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207. [Thus;] if the offence occurs, [where the parties are] in the ascending line of cast, the fine shall be double or treble [as may be]; if in the descending line, the fine shall be always lessened one half.[303]

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208. If injury be threatened to a person's arm, or neck or eyes or thigh, the fine shall be one hundred _panas_; if to the foot or nose or ear or hand, and the like,[304] half of that [fine].

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209. If the threat be by one who has not the power [to carry out his threat], he shall be fined ten _panas_; [the threatener] who has the power shall be, in addition, compelled to give surety for the safety of the person [threatened].

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210. For abuse by imputation of a crime which would entail loss of cast, the middle fine [shall be exacted]; if of a lesser crime, the lowest fine.

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211. If the abuse be directed against one conversant with the three Vedas, against the monarch, or against the gods, the highest fine [is incurred]; if against a whole cast or a community, the middle fine; if against a village or the realm, the lowest fine.

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212. If a person be beaten without witnesses, the case shall be tried by marks, probabilities and public report; not however without some suspicion that the marks may have been falsely contrived.

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213. For [defiling by] touching with ashes, mud, or dust, a fine is fixed of ten _panas_; for [defiling by] touching with impurities,[305] _scil._ of the heel or of the saliva, double [that fine]:

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214. that is, if the parties be on an equality. If [the offence be] against other men's wives, or against superiors, [then the penalty is] double; if against inferiors, the half. Should [the aggressors] be insane or intoxicated or the like, there shall not be punishment.

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215. Should a limb of one not a brahman occasion pain to a brahman, it shall be cut off. If [a weapon] be raised [against one of inferior cast],[306] the lowest fine [is to be paid]; if the weapon be merely handled, then the fine shall be half.[307]

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216. But should a hand or a foot be raised, the fine shall be [respectively] ten and twenty _panas._ People, however, of any [cast, who lift] weapons against their cast-fellows shall pay the middle fine.

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217. For pulling a person by the foot, by the hair, by the clothing, or by the hand, the fine is ten _panas_: for inflicting pain by dragging about or by violent handling of the clothes, and for putting the foot upon a person, [the fine is] a hundred _panas._

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218. He who beats with a stick or the like, short of effusion of blood, shall pay a fine of thirty-two _panas_; if blood appear, the fine is double[308]

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219. For damaging a hand, a foot, or a tooth, and for cutting the ears or the nose, there is the middle fine: the same for rending open a wound, or for beating a person till he be as one lifeless.

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220. For beating [one so that he] cannot stir, or [so that he cannot] eat, or [so that he cannot] speak, for destroying an eye and the like,[309] for breaking a neck, an arm, or a thigh, [there shall be] the middle fine.[310]

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221. If several unite in beating one person, the fine shall be double[311] that prescribed; whatever property be taken away in the struggle shall be restored, and, in addition, the double fine [imposed].

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222. Whoever causes pain to another [by any such means] shall be made to pay the expense of the cure, as well as the regulated fine for the fray.[312]

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223. He who batters, rends, breaks or pulls down a wall, shall be made to pay a fine of five, ten or twenty _panas_ besides the value.

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224. He who casts into a dwelling house any thing hurtful or destructive of life, shall be made to pay, for the first a fine of sixteen _panas_, for the second the middle fine.

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225. For injury to the smaller sort of cattle, or for shedding their blood, for lopping one of their horns or the like[313] or one of their limbs, one shall pay a fine of two and a half _panas_ and upwards.

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226. For cutting off the male privy member [of such cattle], or slaying [one], the middle fine, as well as the value [of the animal], shall be paid. For the larger cattle in such cases the fine is double.[314]

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227. For cutting down branches, or the trunk, or the entire tree,[315] of such as re-produce [after mutilation], [also for similar injuries] to trees which supply food,[316] the fine shall be doubled progressively up from twenty _panas_:[317]

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228. should the trees be growing where there are memorial erections, or in places for disposal of the dead, or on boundary lines, or in holy places, or in a temple, a double fine [shall be levied]; so, for any famous tree.[318]

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229. For cutting brushwood, grasses, shrubs, climbing plants, ground-spreading creepers, annuals, and herbs, at the places above mentioned, half of the fine is ordained.

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230. Forcibly taking away [any thing, though it be] public property, is _sahasa_;[319] the fine for it is double the value [of the property]. [If the crime be,] on denial, [proved,] then, four times the value.

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231. He who instigates the commission of _sahasa_, shall pay a double fine, and four-fold if he instigate by promise of reward.

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232. He who rails at a venerable person,[320] or who disobeys such an one, he who maltreats his brother's wife,[321] he who fails to give that which he has promised, he who forces a dwelling-house with a seal upon it,[322]

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233. he who does harm to his neighbour, or to his kindred, and such like[323]--each of these shall be fined fifty _panas_. So is it enjoined.

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234. He who, [on the impulse] of his own will [merely], goes to a widow,[324] he who, when there is a cry for help, does not haste [to render it], he who reviles without cause, a _chandala_[325] who touches one of higher cast,

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235. he who, when making an oblation to the gods or to ancestors, feeds Sudras, or _pravrajikas_,[326] he who swears an improper oath, or who does what he has no title to do,[327]

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236. he who emasculates a bull or smaller animal, who embezzles common property, who destroys the embryo of a female slave,

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237. and, among fathers and sons, sisters and brothers, husbands and wives, teachers and disciples, if either desert the other, [he or she] not being an outcast--[in these several instances,] the fine is a hundred _panas_.[328]

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238. A washerman who wears another's dress shall be fined three _panas_; if he sell, let out, pledge, or, when importuned [give it away],[329] ten _panas._

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239. If, when father and son quarrel, one volunteer to be a witness,[330] the fine is three _panas_; but, if [on such an occasion] one offer himself as surety,[331] he shall be fined eight-fold.

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