Reading section 12

[Footnote 147: of either party. Perhaps this might be rendered, partisans, or, allies.]

[Footnote 148: Said by the Commentator to allude to notorious liars.]

[Footnote 149: _scil._ as found in the other Smritis. The Commentator (quoting Narada) gives a more detailed account of persons excluded or exempt from giving testimony. Manu ch. 8, sl. 64--67.]

[Footnote 150: a fortiori two persons, (_M._)]

[Footnote 151: or, who knows the Dharma.]

[Footnote 152: The Commentator excludes from this enabling exception those under moral (not merely arbitrary or conventional) disability, as, criminals. Manu, ch. 8, sl. 72.]

[Footnote 153: also, murder. (_M._)]

[Footnote 154: _parushya_ and _sahasa_: v. supra in notes [9] et [11].]

[Footnote 155: Who these are is described by Yajnavalkya, in the third book, _scil._

sl. 227. The slayer of a brahman, the drinker of what intoxicates, the thief, one who violates his _guru's_ bed, are great criminals--also, whoever associates with such persons.

sl. 228. Grossly to revile one's _guru_, speaking reproachfully of the Vedas, to slay a friend, after reading from the Veda to forget it,--these [sins] are like to the murder of a brahman.

sl. 229. To eat forbidden food, a crooked insincere mode of dealing, a multitude of lying words, kissing the mouth of a menstruous woman,--these [sins] are like to drinking intoxicating liquor.

sl. 230. To steal horses, jewels, men, women, land, cows, property pledged,--these [sins] are like to the stealing of gold.

sl. 231. To debauch a friend's wife, a maiden, a sister, a woman of the lowest grade, a female relative, a son's wife,--these [sins] are recorded as equivalent to violation of a _guru's_ bed.

sl. 232. To debauch a father's sister, or a mother's, the wife of a maternal uncle, a daughter-in-law, a step-mother, the sister or daughter of an _acharya_,

sl. 233. or his wife, or one's own daughter,--these are equal to violation of a _guru's_ bed. The penalty is death, the pudenda [of the criminal] being previously amputated. A like doom is for the woman, if she consented.

See Manu, ch. 9, sl. 235; ch. 11, sl. 54--58, sl. 170--180.

As to the _guru_ and _acharya_, the following is the 34th sloka of Yajnavalkya's first book:--He is a man's _guru_, who, after going through the ritual, imparts to him the Veda: he is _acharya_, who invests with the sacred cord and then imparts the Veda.]

[Footnote 156: Manu, ch. 8, sl. 89 &c.]

[Footnote 157: _guni_, referring not merely to personal qualities or eminence in virtue, but to possession of wealth, sons, and learning: so explained by the Commentator.]

[Footnote 158: Manu, ch. 8, sl. 73.]

[Footnote 159: The Commentator explains this to refer to the fine which would be payable on failure (supra sl. 11).]

[Footnote 160: out of the realm. (_M._) Manu, ch. 8. sl. 119-124.]

[Footnote 161: supra, sl. 73.]

[Footnote 162: The Commentator adds--If the brahman, or any of the other casts, cannot pay the fine, he must suffer imprisonment and the labour proper to his cast. He explains the enormity of the offence described in this sloka to consist in the contempt of Court.]

[Footnote 163: _i. e._ if, by such untruth, the death be averted. If from testimony either way, the alternative of the death of the plaintiff or defendant must ensue, the witness should maintain silence, the monarch assenting. In case the monarch do not assent, the testimony may be rendered of no avail by confusing the witness: if this cannot be effected, then let the truth be spoken; for by so doing one fault only is incurred, _viz._ causing the death, whereas from untruth would arise the sin of it as well as of the death. (_M._)]

[Footnote 164: Manu, ch. 8, sl. 104, 105.]

[Footnote 165: &c. _i. e._ his property, tribe, calling, customs, &c. (_M._)]

[Footnote 166: Manu, ch. 8, sl. 168.]

[Footnote 167: literally "by three only," explained by the Commentator as above rendered.]

[Footnote 168: the Commentator considers the &c. here to signify, testing the handwriting of the writers or amanuenses employed.]

[Footnote 169: _i. e._ consideration of place, time, and persons connected with possession of the document. (_M._)]

[Footnote 170: The Commentator divides written instruments into, 1. public or given by authority, and, 2. private, or those which the community use among themselves, and to which the rules in the text apply. These again are either, autograph, _i. e._ wholly written by the party who speaks by the document--or, written by another for him. The last description, he says, require to be attested, and their effect as proof depends upon local usage. He quotes Narada as to the private writings. For the instruments emanating from authority, he refers to sl. 317, 318, 319 of Yajnavalkya's first Book, _viz._

"When the monarch bestows lands or creates a charge in favor of any one, he shall, for information of future good monarchs, put it in writing, either on cloth or copper, setting his seal thereto. He shall inscribe the names of his ancestors and his own [also the donee's (_M._)], the extent of the gift, its description by boundaries, also the date; all this shall be authenticated under his hand." ]

[Footnote 171: This word in the 94th sloka we have rendered 'discharge.' Its ordinary and literal sense is 'purification.']

[Footnote 172: _scil._ ordeals. (_M._)]

[Footnote 173: the ocean god.]

[Footnote 174: the inferior Brahma, the immediate cause or creator of the universe.]

[Footnote 175: It is only of self-acquired property that unequal partition can be made. Of that which is inherited or ancestral, there is co-ownership: it cannot therefore be apportioned at the father's pleasure. (_M._) Infra sl. 121.]

[Footnote 176: Jagannat'ha, in his Digest, quotes the Dipakalika and other authorities interpreting this injunction to refer to such wives only as have not male issue. (Colebrooke, vol. 3, p. 97.)]

[Footnote 177: Something, however valueless; in order that the heirs of the separated son may have no claim to a share of the family inheritance, (_M._) Manu, ch. 9, sl. 207.]

[Footnote 178: For instance, if one son have a large family, or be disqualified to earn a livelihood, the father may give him a portion larger than the others. But an unequal partition from angry impulse, or weak-mindedness, has no validity. (_M._)]

[Footnote 179: Manu, ch. 9, sl. 104. Whenever the father wishes, is one of the ordained periods for partition; the second is, when the father has renounced worldly enjoyment and the mother is past child-bearing; and this partition may be enforced (according to Narada) at the son's desire, though the father object. Partition should also be made, the son desiring it, if the father lead a vicious life, or be suffering under incurable disease; even though the mother's menstruation have not ceased. The third period for partition is, the father's decease. (_M._) Manu divides,--to the eldest two aliquot parts, to the second son one and a half, and to each succeeding son a single part. The Commentator asks, why that division was not adhered to; and he solves his own question by the remark, that it was disliked by the people, and therefore rightly abandoned. This position he supports by several quotations, and by allusion to the abolition or non-observance of other ancient ordinances, _e.g._ the raising up of male heirs by the brother of the husband or others.

It is an obvious reflection, that the altered law of distribution is one of the few instances in the Hindu economy where an innate feeling of natural equality has overcome or superseded arbitrary rule--and further, that the change has been brought about by the pressure of the old law upon the privileged casts, who, in common with others, were affected by it.]

[Footnote 180: Manu, ch. 9, sl. 206, 208.]

[Footnote 181: When the recovered properly is land, he who obtained it shall take a fourth part, the remainder to be equally divided. (_M._) The Commentator supports this view by the authority of Sankha. Manu, ch. 9, sl. 209.]

[Footnote 182: Supra, Book 1, sl. 3.]

[Footnote 183: Manu, ch. 9, sl. 215.]

[Footnote 184: The Commentator refers, in explanation of this sloka, to Manu, ch. 9, sl. 216, _viz._ A son born after a division shall alone inherit the patrimony [_i. e._ the share allotted to the parents (_M._)], or shall have a share of it with the divided brethren, if they return and unite themselves with him.--With respect to the deduction for expenditure, &c., the Commentator explains, that the accumulations of mere income are not to be included in the estate to be repartitioned, and that a previous deduction is to be made for necessary expenditure, _e.g._ the father's debts.]

[Footnote 185: but, if she have _stridhana_, only a half share. (_M._)]

[Footnote 186: Manu, ch. 9, sl. 118.]

[Footnote 187: These varying proportions ofcourse apply only where there are several mothers of differing casts. Manu, ch. 9, sl. 148-157.]

[Footnote 188: or escaped notice altogether. (_M._) Manu, ch. 9, sl. 218.]

[Footnote 189: Manu, ch. 9, sl. 59, 145, 167, 190.]

[Footnote 190: But if the actual father have already a son, his son by another's wife is not his heir. (_M._)]

[Footnote 191: _aurasa_ is from _uras_ 'the best,' being the first in order of sons.]

[Footnote 192: _dharma_ wife is defined by the Commentator, a wife of the same cast with her husband, and wedded to him according to the _brahma_ and other approved forms of marriage; which are described in the first book, sl. 58-61, _viz._ "In the marriage called _brahma_, [the bride], adorned in a manner suitable to the means [of her family], is bestowed upon the invited bridegroom,--In the _daiva_ [marriage, the bride is made over] to the priest whilst offering sacrifice: _arsha_ [marriage], is where [the bride's father] receives a pair of kine.--In the _kaya_ [marriage, the bride] is delivered to the suitor with the injunction, Together practise the rules of duty! In the _asura_ [marriage], wealth is received [from the bridegroom]. _Gandharva_ is [a union in marriage] by mutual consent [of the parties]: the _rakshasa_ [marriage], is by capture [of the woman] in war: the _paisacha_ [marriage, where she is obtained] by deception." Manu ch. 3, sl. 20 _et. seq._]

[Footnote 193: _scil._ according to Vasishtha, such as, by agreement between father and son-in-law, at the time of the daughter's marriage, has been, by anticipation, given up to the father. (_M._) And the Commentator notes, that the term used, _puttrikasata_, may be also rendered or understood 'daughter as a son' _i. e._ a daughter appointed or placed in the same position and with the same rights as a son.]

[Footnote 194: _sagotra._]

[Footnote 195: it being merely known that the father is a man of the same cast, not who he is. (_M._)]