Reading section 14

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

[Footnote 245: or similar constructions, as a tank, &c. (_M._)]

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[Footnote 246: _semble_, the landowner. The Commentator throws no light on this ambiguity.]

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[Footnote 247: or any other crop. (_M._)]

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[Footnote 248: a _masha_ is the twentieth part of a copper _pana_. (_M._) Supra pa. 7.]

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[Footnote 249: Manu, ch. 8, sl. 241.]

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[Footnote 250: no penalty therefore or liability. (_M._)]

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[Footnote 251: being an open field. (_M._)]

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[Footnote 252: Manu, ch. 8, sl. 237, 8, 9.]

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[Footnote 253: let loose to propitiate the gods. (_M._)]

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[Footnote 254: wanderers from a distant herd. (_M._)]

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[Footnote 255: _scil._ other animals, as elephants, horses, &c. (_M._)]

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[Footnote 256: Manu, ch. 8, sl. 242.]

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[Footnote 257: _i. e._ counting them. (_M._)]

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[Footnote 258: Manu, ch. 8, sl. 232.]

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[Footnote 259: for oblations to the gods. (_M._) Manu does not expressly restrict this privilege to the twice-born; ch. 8, sl. 339.]

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[Footnote 260: This term (literally 'a bow') is a land measure, equivalent to the modern oottah or four hats.]

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[Footnote 261: These three are in progressive increase: the first is, a mere village; the second, the central or sudder station of several villages; the third, a town of more extended population and importance. Manu, ch. 8, sl. 237.]

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[Footnote 262: or which has been given away, or pledged, by a stranger without right. (_M._) Manu, ch. 8, sl. 199.]

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[Footnote 263: _scil._ one destitute of property. (_M._) The expression in the text is applicable to any whose position or lack of means might justify a suspicion that he had not come honestly by the goods.]

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[Footnote 264: the man who sold or assigned it to him. (_M._)]

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[Footnote 265: or stolen, or given in pledge. (_M._)]

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[Footnote 266: Supra, sl. 27.]

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[Footnote 267: Inasmuch as he abets concealment of the thief or wrongdoer. (_M._)]

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[Footnote 268: Manu, ch. 8, sl. 30. The Commentator accounts for the discrepancy between the two law-givers by supposing Manu to have alluded to the property of learned brahmans only.]

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[Footnote 269: This fine is considered by the Commentator a consideration or indemnity for safe keeping, and an exception to the rule laid down by Manu, ch. 8, sec. 33.]

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[Footnote 270: Colebrooke's rendering of this sloka (Digest ch. 4, sec. 1, Sec.16,) differs from ours, which however we consider to be the correct signification of the text before us.]

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[Footnote 271: Manu, ch. 8, sl. 222.]

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[Footnote 272: The Commentator explains this to refer to slaves.]

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[Footnote 273: Supra, p. 7.]

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[Footnote 274: These facts are related, says the Commentator, as an index to or test of the honesty of metal-workers.]

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[Footnote 275: Made into coarse thread. (_M._)]

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[Footnote 276: This sloka, as appears from the Commentary, is in allusion to the loss on working or manufacture of textile fabrics mentioned in the previous slokas.]

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[Footnote 277: or given or pledged. (_M._)]

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[Footnote 278: The slavery or servitude being to secure or work out a debt.]

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[Footnote 279: _e.g._ a brahman cannot be slave to a kshattriya. Manu, ch. 8, sl. 410--15.]

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[Footnote 280: _scil._ medicine or handicraft. (_M._)]

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[Footnote 281: The Commentator thus explains and analyses the subject of servitude or working for others:

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There are two descriptions of persons who serve. I. Those whose employment is of a respectable kind. II. Those whose employment is not so. The first division he subdivides into--1, the disciple; 2, the apprentice; 3, the workman; 4, the overseer.

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The disciple is the student of the vedas; the apprentice is one learning an art; the workman is one who is paid for his work; the overseer superintends workmen. There are three sorts of workmen--1, soldiers; 2, husbandmen; 3, they who bear burdens.

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II. The other and meaner description of employment is performed by slaves, _scil._ cleaning the house, cleaning away filth, &c.

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Slaves, the Commentator subdivides, according to their origin and mode of enslavement, into fifteen classes, _scil._

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1. A born slave of the house.

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2. A purchased slave.

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3. One [otherwise] acquired _e.g._ by donation.

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4. One obtained by inheritance.

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5. One rescued from starvation during a famine.

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6. One received in pledge.

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7. One who becomes a slave to discharge a debt.

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8. A captive in war.

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9. One whose freedom has been lost by wager.

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10. A volunteer slave.

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11. An apostate from the condition of a _pravajita_ or religious mendicant.

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12. A slave for a prescribed term.

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13. A slave for subsistence sake.

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14. One enslaved by espousing a woman who is a slave.

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15. One who has sold himself.]

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[Footnote 282: _scil._ duties prescribed by the Sruti and Smriti, according to their cast and grade. (_M._)]

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[Footnote 283: such as, tending cattle, conservation of water, care of temples, &c. (_M._)]

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[Footnote 284: _scil._ to entertain travellers, or injunction to see that horses or other provision be not furnished to the enemies of the State. (_M._)]

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[Footnote 285: _i. e._ for a heinous offence: for minor offences, fines, as declared by Manu, shall be imposed. (_M._) Manu, ch. 8, sl. 220, is probably here referred to.]

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