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THE NIGHT of Brahman being over, and the God sprung from the lotus (Brahman) having
woke from his slumber, Vishnu purposing to create living beings, and perceiving the earth
covered with water, [1]
Assumed the shape of a boar, delighting to sport in water, as at the beginning of each
former Kalpa, and raised up the earth (from the water). [2]
His feet were the Vedas; his tusks the sacrificial stakes; in his teeth were the
offerings; his mouth was the pyre; his tongue was the fire; his hair was the sacrificial
grass; the sacred texts were his head; and he was (endowed with the miraculous power of) a
great ascetic. [3]
His eyes were day and night; he was of superhuman nature; his ears were the two bundles
of Kusa grass (for the Ishtis, or smaller sacrifices, and for the animal offerings); his
ear-rings were the ends of those bundles of Kusa grass (used for wiping the ladle and
other sacrificial implements); his nose (the vessel containing) the clarified butter; his
snout was the ladle of oblations; his voice was similar in sound to the chanting of the
Sama-veda; and he was of huge size. [4]
He was full of piety and veracity; beautiful; his strides and his strength were immense
(like those of Vishnu); his large nostrils were penances; his knees the victim; and his
figure colossal. [5]
His entrails were the (three) chanters of the Sama-veda; his member was the
burnt-oblation; his scrotum was the sacrificial seeds and grains; his mind was the altar
(in the hut for the wives and domestic uses of the sacrificer); the hindparts (of Vishnu)
in his transformation were the Mantras; his blood was the Soma juice. [6]
His shoulders were the (great) altar; his smell was that of the (sacrificial cake and
other) oblations; his speed was the oblations to the gods and to the manes and other
oblations; his body was the hut for the wives and domestic uses of the sacrificer; he was
majestic; and instructed with the initiatory ceremonies for manifold sacrifices (lasting
one, or two, three, or twelve years, and others). [7]
His heart was the sacrificial fee; he was possessed of the (sacrificial and other)
great Mantras employed in order to effect the union of the mind with the Supreme; he was
of enormous size (like the long sacrifices lasting more than one day); his lovely, lips
were the beginnings of the two hymns recited at the beginning of the animal sacrifice; his
ornaments were the whirlpool of the milk poured into the heated vessel (at the Pravargya
ceremony introductory to the Soma-sacrifice). [8]
All sorts of sacred texts (the Gayatri and others) were his path in marching; the
mysterious Upanishads (the Vedanta) were his couch; he was accompanied by his consort
Khaya (Lakshmi); he was in size like the Manisringa mountain. [9]
The lord, the creator, the great Yogin, plunging into the one ocean from love of the
world, [10]
Raised up, with the edge of his tusks, the earth bounded by the sea together with its
mountains, forests, and groves, which was immersed in the water of (the seven oceans now
become) one ocean, and created the universe anew. [11]
Thus the whole earth, after having sunk into (the lower region called) Rasatala, was
in the first place raised in the boar-incarnation by Vishnu, who took compassion on the
living beings. [12]
Then, after having raised the earth, the destroyer of Madhu placed and fixed it on its
own (former) seat (on the oceans) and distributed the waters on it according to their own
(former) station, conducting the floods of the oceans into the oceans, the water of the
rivers into the rivers, the water of the tanks into the tanks, and the water of the lakes
into the lakes. [13,14]
He created the seven (lower regions called) Patalas and the seven worlds, the seven
Dvipas and the seven oceans, and fixed their several limits. *) [15]
* The seven Patalas: Atala, Vitala, Sutala, Mahatala, Rasatala, Talatala, and Patala.
The seven worlds: Bhur-loka, Bhuvar-loka, Svar-loka, Mahar-loka, Ganar-loka, Tapar-loka,
and Satya-loka. The seven Dvipas or divisions of the terrestrial world: Gambu, Plaksha,
Salmali, Kusa, Krauñka, Saka, and Pushkara; each Dvipa is encircled by one of the seven
oceans, viz. the seas of Lavana (salt-water), Ikshu (syrup), Sarpih (butter), Dadhi (sour
milk), Dugdha (milk), Svadhu (treacle), and Udaka (water).
(He created) the rulers of the (seven) Dvipas and the (eight) guardians of the world
(Indra and the rest), the rivers, mountains, and trees, the seven Rishis, who know (and
practise) the law, the Vedas together with their Angas, the Suras, and the Asuras.
[16]
(He created) Pisakas (ogres), Uragas (serpents), Gandharvas (celestial singers),
Yakshas (keepers of Kubera's treasures), Rakshasas (goblins), and men, cattle, birds, deer
and other animals, (in short) all the four kinds of living beings, and clouds, rainbows,
lightnings, and other celestial phenomena or bodies (such as the planets and the
asterisms), and all kinds of sacrifices. [17]
Bhagavat, after having thus created, in the shape of a boar, this world together with
all animate and inanimate things in it, went away into a place hidden from the world. *)
[18]
* The eight 'guardians of the world' (Lokapalas) are, Indra, Agni, Yama, Surya, Varuna,
Pavana, Kubera, and Soma (M.5, 96). The seven Rishis, according to the Satapatha-brahmana,
are, Gotama, Bharadvaga, Visvamitra, Gamadagni, Vasishtha, Kasyapa, and Atri. The six
Vedangas are, Siksha (pronunciation), Khandas (metre), Vyakarana (grammar), Nirukta
(etymology), Kalpa (ceremonial), and Gyotisha (astronomy). See Max Müller, Ancient
Sanskrit Literature, p. 108
Ganardana, the chief of the gods, having become invisible, the goddess of the earth
began to consider, 'How shall I be able to sustain myself (from now on)?' [19]
'I will go to Kasyapa to ask: he will tell me the truth. The great Muni has my welfare
under constant consideration.' [20]
Having thus decided on her course, the goddess, assuming the shape of a woman, went to
see Kasyapa, and Kasyapa saw her. [21]
Her eyes were similar to the leaves of the blue lotus (of which the bow of Kama, the
god of love, is made); her face was radiant like the moon in the autumn season; her locks
were as dark as a swarm of black bees; she was radiant; her lip was (red) like the
Bandhugiva flower; and she was lovely to behold. [22]
Her eyebrows were fine; her teeth exceedingly small; her nose handsome; her brows bent;
her neck shaped like a shell; her thighs were constantly touching each other; and they
were fleshy thighs, which adorned her loins. [23]
Her breasts were shining white, firm, plump, very close to each other, (decorated with
continuous strings of pearls) like the projections on the forehead of Indra's elephant,
and radiant like the gold (of the two golden jars used at the consecration of a king).
[24]
Her arms were as delicate as lotus fibres; her hands were similar to young shoots; her
thighs were resplendent like golden pillars; and her knees were hidden (under the flesh),
and closely touching each other. [25]
Her legs were smooth and exquisitely proportioned; her feet exceedingly graceful; her
loins fleshy; and her waist like that of a lion's cub. [26]
Her reddish nails shone (like rubies); her beauty was the delight of every looker-on;
and with her glances she filled at every step all the quarters of the sky as it were with
lotus-flowers. [27]
Radiant with divine lustre, she illuminated all the quarters of the sky with it; her
clothing was most exquisite and perfectly white; and she was decorated with the most
precious gems. [28]
With her steps she covered the earth as it were with lotuses; she was endowed with
beauty and youthful charms; and made her approach with modest bearing. [29]
Having seen her come near, Kasyapa saluted her reverentially, and said, 'O handsome
lady, O earth, radiant with divine lustre, I am acquainted with your thoughts.
[30]
'Go to visit Ganardana, you large-eyed lady; he will tell you accurately how you shall
sustain yourself from now on. [31]
For your sake, (goddess), whose face is lovely and whose limbs are beautiful, I have
found out, by profound meditation, that his residence is in the milk-ocean (Kshiroda).'
[32]
The goddess of the earth answered, 'Yes, (I shall do as you bid me), saluted Kasyapa
reverentially, and went on to the Kshiroda sea, in order to see Kesava (Vishnu).
[33]
She saw (then) the ocean, from which the Amrita arose. It was lovely, like the rays of
the moon, and agitated by hundreds of waves produced by stormy blasts of wind.
[34]
(With its waves) towering like a hundred Himalayas it seemed another terrestrial globe,
calling near as it were the earth with its hands; the rolling waves. [35]
With those hands it was as it were constantly producing the radiancy of the moon; and
every stain of guilt was removed from it by Hari's (Vishnu's) residence within its limits.
[36]
Because (it was entirely free from sin) therefore it was possessed of a pure and
shining frame; its colour was white; it was inaccessible to birds and its seat was in the
lower regions. [37]
It was rich in blue and tawny gems (sapphires, coral, and others), and looking
therefore as if the atmosphere had descended on the earth, and as if a number of forests
adorned with a multitude of fruits had descended on its surface. [38]
Its size was immense, like that of the skin of (Vishnu's) serpent Sesha. After having
seen the milk-ocean, the goddess of the earth saw the dwelling of Kesava (Vishnu) which
was in it: [39]
(His dwelling), the size of which cannot be expressed in words, and, the sublimity of
which is also beyond the power of utterance. In it she saw the destroyer of Madhu seated
on Sesha. [40]
The lotus of his face was hardly visible on account of the lustre of the gems
decorating the neck of the snake Sesha; he was shining like a hundred moons; and his
splendour was equal to the rays of a myriad of suns. [41]
He was clad in a yellow robe (radiant like gold); imperturbable; decorated with all
kinds of gems; and shining with the lustre of a diadem resembling the sun in colour, and
with (splendid) ear-rings. [42]
Lakshmi was stroking his feet with her soft palms; and his attributes (the shell, the
discus, the mace, and the lotus-flower) wearing bodies were attending on him on all sides.
[43]
Having espied the lotus-eyed slayer of Madhu, she knelt down on the ground and
addressed him as follows: [44]
'When formerly I was sunk into the region of Rasatala, I was raised by you, O God, and
restored to my ancient seat, O Vishnu, thanks to your benevolence towards living beings.
[45]
'Being there, how am I to maintain myself on it, O lord of the gods?' Having been thus
addressed by the goddess, the god enunciated the following answer: [46]
'Those who practise the duties ordained for each caste and for each order, and who act
up strictly to the holy law, will sustain you, O earth; to them is your care committed.'
[47]
Having received this answer, the goddess of the earth said to the chief of the gods,
'Communicate to me the eternal laws of the castes and of the orders. [48]
I desire to learn them from you; for you are my chief stay. Adoration be to you, O
brilliant chief of the gods, who annihilatest the power of the (Daityas and other) enemies
of the gods. [49]
'O Narayana (son of Nara), O Gagannatha (sovereign of the world); you hold the shell,
the discus, and the mace (in your hands); you have a lotus (Brahman) springing from your
navel; you are the lord of the senses; you are most powerful and endowed with conquering
strength. [50]
'You are beyond the cognisance of the senses; your end is most difficult to know; you
are brilliant; you hold the bow Sarnga; you are the boar; you are terrible; you are
Govinda (the herdsman); you are of old; you are Purushottama (the spirit supreme).
[51]
'Your hair is golden; your eyes are everywhere; your body is the sacrifice; you are
free from stain; you are the "field." (the corporeal frame); you are the principle of
life; you are the ruler of the world; you are lying on the bed of the ocean.
[52]
'You are Mantra (prayer); you know the Mantras; you surpass all conception; your frame
is composed of the Vedas and Vedangas; the creation and destruction of this whole world is
effected through you. [53]
'You know right and wrong; your body is law; law springs from you; desires are
gratified by you: your powers are everywhere; you are (imperishable like) Amrita
(ambrosia); you are heaven; you are the destroyer of Madhu and Kaitasa. [54]
'You cause the increase of the great*), you are inscrutable; you are all you give
shelter to all; you are the chief one you are free from sin; you are Gimuta; you are
inexhaustible; you are the creator. [55]
* 'The great (brihat) means time, space, and the like. . . . He is called "all"
because he is capable of assuming any shape.'
'You increase the welfare (of the world), the waters spring from you; you are the seat
of intelligence; action is not found in you; you preside over seven chief things; you are
the teacher of religious rites; you are of old; you are Purushottama. [56]
'You are not to be shaken; you are undecaying; you are the producer of the atoms; you
are kind to faithful attendants; you are the purifier (of sinners); you are the protector
of all the gods you are the protector of the pious. [57]
'You are also the protector of those who know the Veda, O Purushottama. I have come, O
Gagannatha, to the immovable Sakaspati (the lord of holy speech), the lord; [58]
'To him, who is very pious; invincible; Vasushena (who has treasures for his armies);
who bestows largesses on his followers, who is endowed with the power of intense devotion;
who is the germ of the ether; from whom the rays (of the sun and moon) proceed;
[59]
'To Vasudeva; the great soul of the universe; whose eyes are like lotuses; who is
eternal; the preceptor of the Suras and of the Asuras; brilliant; omnipresent; the great
lord of all creatures; [60]
'Who has one body and four faces; who is the producer of (the five grosser elements,
ether, air, fire, water, and earth), the producers of the world. Teach me concisely, O
Bhagavat, the eternal laws ordained for the aggregate of the four castes, [61]
'Together with the customs to be observed by each order and with the secret
ordinances.' The chief of the gods, thus addressed by the goddess of the earth, replied to
her as follows: [62]
Learn from me, in a concise form, O radiant goddess of the earth, the eternal laws for
the aggregate of the four castes, together with the customs to be observed by each order,
and with the secret ordinances, [63]
'Which will effect the final liberation of the virtuous persons, who will support you.
Be seated on this splendid golden seat, O handsome-thighed goddess. [64]
'Seated at ease, listen to me proclaiming the sacred laws.' The goddess of the earth,
thereupon, seated at case, listened to the sacred precepts as they came from the mouth of
Vishnu. [65]
BRAHMANAS, Kshatriyas, Vaisyas, and Sudras are the four castes. [1]
The first three of these are (called) twice-born. [2]
For them the whole number of ceremonies, which begin with the impregnation and end with
the ceremony of burning the dead body, have to be performed with (the recitation of)
Mantras. [3]
Their duties are: [4]
For a Brahmana, to teach (the Veda); [5]
For a Kshatriya, constant practice in arms; [6]
For a Vaisya, the tending of cattle; [7]
For a Sudra, to serve the twice-born; [8]
For all the twice-born, to sacrifice and to study (the Veda). [9]
Again, their modes of livelihood are: [10]
For a Brahmana, to sacrifice for others and to receive alms; [11]
For a Kshatriya, to protect the world (and receive due reward, in form of taxes);
[12]
For a Vaisya, tillage, keeping cows (and other cattle), traffic, lending money on
interest, and growing seeds; [13]
For a Sudra, all branches of art (such as painting and the other fine arts);
[14]
In times of distress, each caste may follow the occupation of that next (below) to it
in rank. [15]
Forbearance, veracity, restraint, purity, liberality, self-control, not to kill (any
living obedience towards one's Gurus, visiting places of pilgrimage, sympathy (with the
afflicted), [16]
Straightforwardness, freedom from covetousness, reverence towards gods and Brahmanas,
and freedom from anger are duties common (to all castes). [17]
NOW THE duties of a king are: [1]
To protect his people, [2]
And to keep the four castes*) and the four orders in the practice of their several
duties. [3]
* Student, householder, hermit, and ascetic.
Let the king fix his abode in a district containing open plains, fit for cattle, and
abounding in grain; [4]
And inhabited by many Vaisyas and Sudras. *) [5]
* 'And there should be many virtuous men in it, as stated by Manu, VII,
69.'
There let him reside in a stronghold (the strength of which consists) either in (its
being surrounded by) a desert, or in (a throng of) armed men, or in fortifications (of
stone, brick, or others), or in water (enclosing it on all sides), or in trees, or in
mountains (sheltering it against a foreign invasion). [6]
(While he resides) there, let him appoint chiefs (or governors) in every village;
[7]
Also, lords of every ten villages; [8]
And lords of every hundred villages; [9]
And lords of a whole district. [10]
If any offence has been committed in a village, let the lord of that village suppress
the evil (and give redress to those that have been wronged). [11]
If he is unable to do so, let him announce it to the lord of ten villages;
[12]
If he too is unable, let him announce it to the lord of a hundred villages;
[13]
If he too is unable, let him announce it to the lord of the whole district.
[14]
The lord of the whole district must eradicate the evil to the best of his power.
[15]
Let the king appoint able officials for the working of his mines, for the levying of
taxes and of the fares to be paid at ferries, and for his elephants and forests.
[16]
(Let him appoint) pious persons for performing acts of piety (such as bestowing gifts
on the indigent, and the like); [17]
Skilled men for financial business (such as examining gold and other precious metals);
[18]
Brave men for fighting; [19]
Stern men for acts of rigour (such as beating and killing); [20]
Eunuchs for his wives (as their guardians). [21]
He must take from his subjects as taxes a sixth part every year of the grain;
[22]
And (a sixth part) of all (other) seeds; [23]
Two in the hundred, of cattle, gold, and clothes; [24]
A sixth part of flesh, honey, clarified butter, herbs, perfumes, flowers, roots,
fruits, liquids and condiments, wood, leaves (of the Palmyra, tree and others), skins,
earthen pots, stone vessels, and anything made of split bamboo. [25]
Let him not levy any tax on Brahmanas. [26]
For they pay taxes to him in the shape of their pious acts. [27]
A sixth part both of the virtuous deeds and of the iniquitous acts committed by his
subjects goes to the king. [28]
Let him take a tenth part of (the price of) marketable commodities (sold) in his own
country; [29]
And a twentieth part of (the price of) goods (sold) in another country.
[30]
Any (seller or buyer) who (fraudulently) avoids a toll-house (situated on his road),
shall lose all his goods. [31]
Artizans (such as blacksmiths), manual labourers (such as carpenters), and Sudras shall
do work for the king for a day in each month. [32]
The monarch, his council, his fortress, his treasure, his army, his realm, and his ally
are the seven constituent elements of a state. [33]
(The king) must punish those who try to subvert any one among them. [34]
He must explore, by means of spies, both the state of his own kingdom and of his foe's.
[35]
Let him show honour to the righteous; [36]
And let him punish the unrighteous. [37]
Towards his (neighbour and natural) enemy, his ally (or the power next beyond his
enemy), a neutral power (situated beyond the latter), and a power situated between (his
natural enemy and an aggressive power): let him adopt (alternately), as the occasion and
the time require, (the four modes of obtaining success, viz.) negotiation, division,
presents, and force of arms. [38]
Let him have resort, as the time demands, to (the six measures of a military monarch,
viz.) making alliance and waging war, marching to battle and sitting encamped, seeking the
protection (of a more powerful king) and distributing his forces. [39]
Let him set out on an expedition in the months of Kaitra or Margasirsha;
[40]
Or when some calamity has befallen his foe. [41]
Having conquered the country of his foe, let him not abolish (or disregard) the laws
of that country. [42]
And when he has been attacked by his foe, let him protect his own realm to the best of
his power. [43]
There is no higher duty for men of the military caste, than to risk their life in
battle. [44]
Those who have been killed in protecting a cow, or a Brahmana, or a king, or a friend,
or their own property, or their own wedded wife, or their own life, go to heaven.
[45]
Likewise, those (who have been killed) in trying to prevent mixture of castes (caused
by adulterous connections). [46]
A king having conquered the capital of his foe, should invest there a prince of the
royal race of that country with the royal dignity. [47]
Let him not extirpate the royal race [48]
Unless the royal race bc of ignoble descent. [49]
He must not take delight in hunting, dice, women, and drinking; [50]
Nor in defamation and battery. [51]
And let him not injure his own property (by bootless expenses). [52]
He must not demolish (whether in his own town, or in the town of his foe conquered by
him, or in a fort) doors which had been built there before his time (by a former king).
[53]
He must not bestow largesses on unworthy persons (such as dancers, eulogists, bards,
and the like). [54]
Of mines let him take the whole produce. [55]
Of a treasure-trove he must give one half to the Brahmanas; [56]
He may deposit the other half in his own treasury. [57]
A Brahmana who has found a treasure may keep it entire. [58]
A Kshatriya (who has found a treasure) must give one fourth of it to the king, another
fourth to the Brahmanas, and keep half of it to himself [59]
A Vaisya (who has found a treasure) must give a fourth part of it to the king, one half
to the Brahmanas, and keep the (remaining fourth) part to himself. [60]
A Sudra who has found a treasure must divide it into twelve parts, and give five parts
to the king, five parts to the Brahmanas, and keep two parts to himself. [61]
Let the king compel him who (having found a treasure) does not announce it (to the
king) and is found out afterwards, to give up the whole. [62]
Of a treasure anciently hidden by themselves let (members of) all castes, excepting
Brahmanas, give a twelfth part to the king. [63]
The man who falsely claims property hidden by another to have been hidden by himself,
shall be condemned to pay a fine equal in amount to the property falsely claimed by him.
[64]
The king must protect the property of minors, of (blind, lame or other) helpless
persons (who have no guide), and of women (without a guardian). [65]
Having recovered goods stolen by thieves, let him restore them entire to their owners,
to whatever caste they may belong. [66]
If he has been unable to recover them, he must pay (their value) out of his own
treasury. [67]
Let him appease the onsets of fate by ceremonies averting evil omens and propitiatory
ceremonies; [68]
And the onsets of his foe (let him repel) by force of arms. [69]
Let him appoint as Purohita (domestic priest) a man conversant with the Vedas, Epics,
the Institutes of Sacred Law, and (the science of) what is useful in life,*) of a good
family, not deficient in limb, and persistent in the practice of austerities. [70]
* 'The science of what is useful in life' comprises the fine arts, except music, and
all technical knowledge.'
And (let him appoint) ministers (to help and advise him) in all his affairs, who are
pure, free from covetousness, attentive, and able. [71]
Let him try causes himself, accompanied by well-instructed Brahmanas. [72]
Or let him entrust a Brahmana, with the judicial business. [73]
Let the king appoint as judges men of good families, for whom the ceremonies (of
initiation and so forth) have been performed, and who are eager in keeping religious vows,
impartial towards friend and foe, and not likely to be corrupted by litigants either by
(ministering to their) lustful desires or by (stimulating them to) wrath or by (exciting
their) avarice or by other (such practices). [74]
Let the king in all matters listen to (the advice of) his astrologers. [75]
Let him constantly show reverence to the gods and to the Brahmanas. [76]
Let him honour the aged; [77]
And let him offer sacrifices; [78]
And he must not suffer any Brahmana in his realm to perish with want; [79]
Nor any other man leading a pious life. [80]
Let him bestow landed property on Brahmanas. [81]
To those on whom he has bestowed (land) he must give a document, destined for the
information of a future ruler, which must be written on a piece of (cotton) cloth, or a
copper-plate, and must contain the names of his (three) immediate ancestors, a declaration
of the extent of the land, and an imprecation against him who should appropriate the
donation to himself, and should be signed with his own seal. [82]
Let him not appropriate to himself landed property bestowed (on Brahmanas) by other
(rulers). [83]
Let him present the Brahmanas with gifts of every kind. [84]
Let him be on his guard, whatever he may be about. [85]
Let him be splendid (in apparel and ornaments). [86]
Let him be conversant with incantations dispelling the effects of poison and sickness.
[87]
Let him not test any aliments, that have not been tried before (by his attendants, by
certain experiments). [88]
Let him smile before he speaks to any one. [89]
Let him not frown even on (criminals) doomed to capital punishment. [90]
Let him inflict punishments, corresponding to the nature of their offences, on
evil-doers. [91]
Let him inflict punishments according to justice (either personally or through his
attendants). [92]
Let him pardon no one for having offended twice. [93]
He who deviates from his duty must certainly not be left unpunished by the king.
[94]
Where punishment with a black hue and a red eye advances with irresistible might, the
king deciding causes justly, there the people will prosper. [95]
Let a king in his own domain inflict punishments according to justice, chastise foreign
foes with rigour, behave without duplicity to his affectionate friends, and with lenity to
Brahmanas. [96]
Of a king thus disposed, even though he subsist by gleaning, the fame is far spread in
the world, like a drop of oil in the water. [97]
That king who is pleased when his subjects are joyful, and grieved when they are in
grief, will obtain fame in this world, and will be raised to a high station in heaven
after his death. [98]
THE (VERY SMALL mote of) dust which may be discerned in a
sun-beam passing through a lattice is called trasarenu (trembling dust). [1]
Eight of these (trasarenus) are equal to a nit. [2]
Three of the latter are equal to a black mustard-seed. [3]
Three of these last are equal to a white mustard-seed. [4]
Six of these are equal to a barley-corn. [5]
Three of these equal a Krishnala.
Five of these equal a Masha. [7]
Twelve of these are equal to half an Aksha. [8]
The weight of half an Aksha, with four Mashas added to it, is called a Suvarna.
[9]
Four Suvarnas make a Nishka. [10]
Two Krishnalas of equal weight are equal to one Mashaka of silver. [11]
Sixteen of these are equal to a Dharana (of silver). [12]
A Karsha (or eighty Raktikas) of copper is called Karshapana. [13]
Two hundred and fifty (copper) Panas are declared to be the first (or lowest)
amercement, five hundred are considered as the middlemost, and a thousand as the highest.
[14]
Great criminals should all be put to death. [1]
In the case of a Brahmana, no corporal punishment must be inflicted. [2]
A Brahmana must be banished from his own country, his body having been branded.
[3]
For murdering another Brahmana, let (the figure of) a headless corpse be impressed on
his forehead; [4]
For drinking spirits, the flag of a seller of spirituous liquor; [5]
For stealing (gold), a dog's foot, [6]
For incest, (the mark of) a female part. [7]
If he has committed any other capital crime, he shall be banished, taking with him all
his property, and unhurt. [8]
Let the king put to death those who forge royal edicts; [9]
And those who forge (private) documents; [10]
Likewise poisoners, incendiaries, robbers, and killers of women, children, or men;
[11]
And such as steal more than ten Kumbhas of grain, [12]
Or more than a hundred Mashas of such things as are usually sold by weight (such as
gold and silver); [13]
Such also as aspire to sovereignty, though being of low birth; [14]
Breakers of dikes; [15]
And such as give shelter and food to robbers, [16]
Unless the king be unable (to protect his subjects against robbers); the duty which
[17]
And a woman who violates she owes to her lord, the latter being unable to restrain her.
[18]
With whatever limb an inferior insults or hurts his superior in caste, of that limb the
king shall cause him to be deprived. [19]
If he places himself on the same seat with his superior, he shall be banished with a
mark on his buttocks. he shall lose both lips; [20]
If he spits on him, [21]
If he breaks wind against him, his hindparts; [22]
If he uses abusive language, his tongue. [23]
If a (low-born) man through pride give instruction (to a member of the highest caste)
concerning his duty, let the king order hot oil to be dropped into his mouth.
[24]
If a (low-born man) mentions the name or caste of a superior revilingly, an iron pin,
ten inches long, shall be thrust into his mouth (red hot). [25]
He who falsely denies the sacred knowledge, the country, or the caste (of such), or who
says that his religious duties have not been fulfilled by (or that the initiatory and
other sacramental rites have not been performed for) him, shall be fined two hundred
Panas. [26]
If a man is blind with one eye, or lame, or defective in any similar way, and another
calls him so, he shall be fined two Karshapanas, though he speaks the truth.
[27]
He shall be fined a hundred Karshapanas for defaming a Guru. [28]
He shall pay the highest amercement for imputing to another (a great crime) entailing
loss of caste; [29]
The second amercement for (imputing to another) a minor offence (such as the slaughter
of a cow); [30]
The same for reviling a Brahmana versed in the three Vedas, or an old man, or a (whole)
caste or corporation (of judges or others); [31]
For reviling a village or district, the lowest amercement; [32]
For using insulting language (such as 'I shall visit your sister,' or 'I shall visit
your daughter'), a hundred Karshapanas; [33]
For insulting a man by using bad language regarding his mother (such as 'I shall visit
your mother' or the like speeches), the highest amercement. [34]
For abusing a man of his own caste, he shall be fined twelve Panas. [35]
For abusing a man of a lower caste, he shall be fined six (Panas). [36]
For insulting a member of the highest caste or of his own caste (he having been
insulted by him) at the same time, the same fine is ordained; [37]
Or (if he only returns his insult, a fine amounting to) three Karshapanas.
[38]
The same (punishment is ordained) if he calls him bad names. [39]
An adulterer shall be made to pay the highest amercement if he has had connection with
a woman of his own caste; [40]
For adultery with women of a lower caste, the second amercement; [41]
The same (fine is ordained) for a bestial crime committed with a cow. [42]
He who has had connection with a woman of one of the lowest castes, shall be put to
death. [43]
For a bestial crime committed with cattle (other than cows) he shall be fined a hundred
Karshapanas. [44]
(The same fine is ordained) for giving a (blemished) damsel in marriage, without
indicating her blemish (whether the bride be sick, or no longer a maid, or otherwise
faulty); [45]
And he shall have to support her. [46]
He who says of an unblemished damsel, that she has a blemish (shall pay) the highest
amercement. [47]
For killing an elephant, or a horse, or a camel, or a cow, (the criminal) shall have
one hand, or one foot, lopped off. [48]
A seller of forbidden meat (such as pork, shall be punished in the same way).
[49]
He who kills domestic animals, shall pay a hundred Karshapanas. [50]
He shall make good their value to the owner of those animals. [51]
He who kills wild animals, shall pay five hundred Karshapanas. [52]
A killer of birds, or of fish, (shall pay) ten Karshapanas. [53]
A killer of insects shall pay one Karshapanas. [54]
A feller of trees yielding fruit (shall pay) the highest amercement. [55]
A feller of trees yielding blossoms only (shall pay) the second amercement.
[56]
He who cuts creepers, shrubs, or climbing plants (shall pay) a hundred Karshapanas.
[57]
He who cuts grass (shall pay) one Karshapanas. [58]
And all such offenders (shall make good) to the owners (of the trees or plants cut down
by them) the revenue which they yield. [59]
If any man raises his hand (against his equal in caste, with intent to strike him, he
shall pay) ten Karshapanas; [60]
If he raises his foot, twenty; [61]
If he raises a piece of wood, the first amercement; [62]
If he raises a stone, the second amercement; [63]
If he raises a weapon, the highest amercement. [64]
If he seizes him by his feet, by his hair, by his garment, or by his hand, he shall pay
ten Panas as a fine. [65]
If he causes pain to him, without fetching blood from him, (he shall pay) thirty-two
Panas; [66]
For fetching blood from him, sixty-four. [67]
For mutilating or injuring a hand, or a foot, or a tooth, and for slitting an ear, or
the nose, the second amercement (is ordained). [68]
For rendering a man unable to move about, or to eat, or to speak, or for striking him
(violently, the same punishment is ordained). [69]
For wounding or breaking an eye, or the neck, or an arm, or a bone, or a shoulder, the
highest amercement (is ordained). [70]
For striking out both eyes of a man, the king shall (confine him and) not dismiss him
from jail as long as he lives; [71]
Or he shall order him to be mutilated in the same way (i.e. deprived of his eyes).
[72]
Where one is attacked by many, the punishment for each shall be the double of that
which has been ordained for (attacks by) a single person. [73]
(The double punishment is) likewise (ordained) for those who do not give assistance to
one calling for help, though they happen to be on the spot, or (who run away) after having
approached it. [74]
All those who have hurt a man, shall pay the expense of his cure. [75]
Those who have hurt a domestic animal (shall also pay the expense of his cure).
[76]
He who has stolen a cow, or a horse, or a camel, or an elephant, shall have one hand,
or one foot, cut off; [77]
He who has stolen a goat, or a sheep, (shall have) one hand (cut off). [78]
He who steals grain (of those sorts which grow in the rainy season), shall pay eleven
times its value as a fine; [79]
Likewise, he who steals grain (of those sorts, which grow in winter and spring, such as
rice and barley). [80]
A stealer of gold, silver, or clothes, at a value of more than fifty Mashas, shall lose
both hands. [81]
He who steals a less amount than that, shall pay eleven times its value as a fine.
[82]
A stealer of thread, cotton, cow-dung, sugar, sour milk, milk, butter-milk, grass,
salt, clay, ashes, birds, fish, clarified butter, oil, meat, honey, basketwork, canes of
bamboo, earthenware, or iron pots, shall pay three times their value as a fine.
[83]
(The same fine is ordained for stealing) dressed food. [84]
For stealing flowers, green (grain), shrubs, creepers, climbing plants or leaves, (he
shall pay) five Krishnalas. [85]
For stealing pot-herbs, roots, or fruits (the same punishment is ordained).
[86]
He who steals gems, (shall pay) the highest amercement. [87]
He who steals anything not mentioned above, (shall make good) its value (to the owner).
[88]
Thieves shall be compelled to restore all stolen goods to the owners. [89]
After that, they shall suffer the punishment that has been ordained for them.
[90]
He who does not make way for one for whom way ought to be made, shall be fined
twenty-five Karshapanas. [91]
(The same fine is ordained) for omitting to offer a seat to (a guest or others) to whom
it ought to be offered. [92]
For neglecting to worship such as have a claim to be worshipped, (the same fine is
ordained); [93]
Likewise, for neglecting to invite (at a Sraddha) a Brahmana, one's neighbour;
[94]
And for offering him no food, after having invited him. [95]
He who does not eat, though he has received and accepted an invitation, shall give a
gold Mashaka as a fine; [96]
And the double amount of food to his host. [97]
He who insults a Brahmana by offering him uneatable food (such as excrements and the
like, or forbidden food, such as garlic, must pay) sixteen Suvarnas (as a fine).
[98]
(If he insults him by offering him) such food as would cause him to be degraded (were
he to taste it, he must pay) a hundred Suvarnas. [99]
(If he offers him) spirituous liquor, he shall be put to death. [100]
If he insults a Kshatriya (in the same way), he shall have to pay half of the above
amercement; [101]
If he insults a Vaisya, half of that again; [102]
If he insults a Sudra, the first amercement. [103]
If one who (being a member of the Kandala or some other low caste) must not be touched,
intentionally defiles by his touch one who (as a member of a twice-born caste) may be
touched (by other twice-born persons only), he shall be put to death. [104]
If a woman in her courses (touches such a person), she shall be lashed with a whip.
[105]
If one defiles the highway, or a garden, or the water (by voiding excrements) near
them (or in any other way), he shall be fined a hundred Panas; [106]
And he must remove the filth. [107]
If he demolishes a house, or a piece of ground (a court-yard or the like), or a wall or
the like, he shall have to pay the second amercement; [108]
And he shall have it repaired (at his own cost). [109]
If he throws into another man's house (thorns, spells, or other) such things as might
hurt some one, he shall pay a hundred Panas. [110]
(The same punishment is ordained) for falsely denying the possession of common
property; [111]
And for not delivering what has been sent (for a god or for a Brahmana).
[112]
(The same punishment is) also (ordained) for father and son, teacher (and pupil),
sacrificer and officiating priest, if one should forsake the other, provided that he has
not been expelled from caste. [113]
And he must return to them (to the parents and the rest). [114]
(The same punishment is) also (ordained) for hospitably entertaining a Sudra or
religious ascetic at an oblation to the gods or to the manes; [115]
16. And for following an unlawful occupation (such as studying the Vedas without having
been initiated); [116]
And for breaking open a house on which (the king's) seal is laid; [117]
And for making an oath without having been asked to do so (by the king or a judge);
[118]
And for depriving cattle of their virility. [119]
The fine for the witnesses in a I dispute between father and son shall be ten Panas.
[120]
For him who acts as surety for either of the two parties in such a contest, the highest
amercement (is ordained). [121]
(The same punishment is ordained) for forging a balance, or a measure;
[122]
Also, for pronouncing them incorrect, although they are correct. [123]
(The same punishment is) also (ordained) for selling adulterated commodities;
[124]
And for a company of merchants who prevent the sale of a commodity (which happens to be
abroad) by selling it under its price. [125]
(The same punishment is ordained) for those (members of such a company) who sell (an
article belonging to the whole company for more than it is worth) on their own account.
[126]
He who does not deliver to the purchaser a commodity (sold), after its price has been
paid to him, shall be compelled to deliver it to him with interest; [127]
And he shall be fined a hundred Panas by the king. [128]
If there should be a loss on a commodity purchased, which the purchaser refuses to
accept (though it has been tendered to him), the loss shall fall on the purchaser.
[129]
He who sells a commodity on which the king has laid an embargo, shall have it
confiscated. [130]
A ferry-man who takes a toll payable (for commodities conveyed) by land shall be fined
ten Panas. [131]
Likewise, a ferry-man, or an official at a toll-office, who takes a fare or toll from a
student, or Vanaprastha (hermit), or a Bhikshu (ascetic or religious mendicant), or a
pregnant woman, or one about to visit a place of pilgrimage; [132]
And he shall restore it to them. [133]
Those who use false dice in gaming shall lose one hand. [134]
Those who resort to (other) fraudulent practices in gaming shall lose two fingers (the
thumb and the index). [135]
Cutpurses shall lose one hand. [136]
Cattle being attacked, during day-time, by wolves or other ferocious animals, and the
keeper not going (to repel the attack), the blame shall fall on him; [137]
And he shall make good to the owner the value of the cattle that has perished.
[138]
If he milks a cow without permission, (he shall pay) twenty-five Karshapanas (as a
fine). [139]
If a female buffalo damages grain, her keeper shall be fined eight Mashas.
[140]
If she has been without a keeper, her owner (shall pay that fine). [141]
(For mischief done by) a horse, or a camel, or an ass (the fine shall be the same).
[142]
(For damage done by) a cow, it shall be half. [143]
(For damage done by) a goat, or a sheep, (it shall be) half of that again.
[144]
For cattle abiding (in the field), after having eaten (grain), the fine shall be
double. [145]
And in every case the owner (of the field) shall receive the value of the grain that
has been destroyed. [146]
There is no offence if the damage has been done near a highway, near a village, or (in
a field adjacent to) the common pasture-ground for cattle; [147]
Or (if it has been done) in an uninclosed field; [148]
Or if the cattle did not abide long; [149]
Or if the damage has been done by bulls that have been set at liberty, or by a cow
shortly after her calving. [150]
He who commits members of the highest (or Brahmana) caste to slavery, shall pay the
highest amercement. [151]
An apostate from religious mendicity shall become the king's slave. [152]
A hired workman who abandons his work before the term has expired shall pay the whole
amount (of the stipulated wages) to his employer . [153]
And he shall pay a hundred Panas to the king. [154]
What has been destroyed through his want of care, (he must make good) to the owner;
[155]
Unless the damage have been caused by an accident. [156]
If an employer dismisses a workman (whom he has hired) before the expiration of the
term, he shall pay him his entire wages; [157]
And (he shall pay) a hundred Panas to the king; [158]
Unless the workman have been at fault. [159]
He who, having promised his daughter to one suitor, gives her in marriage to another,
shall be punished as a thief; [160]
Unless the (first) suitor have a blemish. [161]
The same (punishment is ordained for a suitor) who abandons a faultless girl;
[162]
(And for a husband who forsakes) a (blameless) wife. [163]
He who buys unawares in open market the property of another man (from one not
authorised to sell it) is not to blame; [164]
(But) the owner shall recover his property. [165]
If he has bought it in secret and under its price, the purchaser and the vendor shall
be punished as thieves. [166]
He who embezzles goods belonging to a corporation (of Brahmanas, and which have been
sent to them by the king or by private persons), shall be banished. [167]
He who violates their established. rule (shall) also (be banished). [168]
He who retains a deposit shall restore the commodity deposited to the owner, with
interest. [169]
The king shall punish him as a thief. [170]
(The same punishment is ordained for him) who claims as a deposit what he never
deposited. [171]
A destroyer of landmarks shall be compelled to pay the highest amercement and to mark
the boundary anew with landmarks. [172]
He who (knowingly) eats forbidden food effecting loss of caste shall be banished.
[173]
He who sells forbidden food (such as spirituous liquor and the like), or food which
must not be sold, and he who breaks an image of a deity, shall pay the highest amercement;
[174]
Also, a physician who adopts a wrong method of cure in the case of a patient of high
rank (such as a relative of the king's); [175]
The second amercement in the case of another patient; [176]
The lowest amercement in the case of an animal. [177]
He who does not give what he has promised, shall be compelled to give it and to pay the
first amercement. [178]
To a false witness his entire property shall be confiscated. [179]
(The same punishment is ordained) for a judge who lives by bribes. [180]
He who has mortgaged more than a bull's hide of land to one creditor, and without
having redeemed it mortgages it to another, shall be corporally punished (by whipping or
imprisonment). [181]
If the quantity be less, he shall pay a fine of sixteen Suvarnas. [182]
That land, whether little or much, on the produce of which one man can subsist for a
year, is called the quantity of a bull's hide. [183]
If a dispute should arise between two (creditors) concerning (a field or other
immovable property) which has been mortgaged to both at the same time, that mortgagee
shall enjoy its produce who holds it in his possession, without having obtained it by
force. [184]
What has been possessed in order and with a legitimate title (such as purchase,
donation, and the like), the possessor may keep; it can never be taken from him.
[185]
Where (land or other) property has been held in legitimate possession by the father (or
grandfather), the son's right to it, after his death, cannot be contested; for it has
become his own by force of possession. [186]
If possession has been held of an estate by three (successive) generations in due
course, the fourth in descent shall keep it as his property, even without a written title.
[187]
He who kills (in his own defence a tiger or other) animal with sharp nails and claws,
or a (goat or other) horned animal (excepting cows), or a (boar or other) animal with
sharp teeth, or an assassin, or an elephant, or a horse, or any other (ferocious animal by
whom he has been attacked), commits no crime. [188]
Any one may unhesitatingly slay a man who attacks him with intent to murder him,
whether his spiritual teacher, young or old, or a Brahmana, or even (a Brahmana) versed in
many branches of sacred knowledge. [189]
By killing an assassin who attempts to kill, Whether in public or in private, no crime
is committed by the slayer: fury recoils on fury. [190]
Assassins should be known to be of seven kinds: such as try to kill with the sword, or
with poison, or with fire, such as raise their hand in order to pronounce a curse, such as
recite a deadly incantation from the Atharva-veda, such as raise a false accusation which
reaches the ears of the king, [191]
And such as have illicit intercourse with another man's wife. The same designation is
given to other (evil-doers) who deprive others of their worldly fame or of their wealth,
or who destroy religious merit (by ruining pools, or other such acts), or property (such
as houses or fields). [192]
Thus I have declared to you fully, O Earth, the criminal laws, enumerating at full
length the punishments ordained for all sorts of offences. [193]
Let the king dictate due punishments for other offences also, after having ascertained
the class and the age (of the criminal) and the amount (of the damage done or sum
claimed), and after having consulted the Brahmanas (his advisers). [194]
That detestable judge who dismisses without punishment such as deserve it, and punishes
such as deserve it not, shall incur twice as heavy a penalty as the criminal himself.
[195]
A king in whose dominion there exists neither thief, nor adulterer, nor calumniator,
nor robber, nor murderer, attains the World of Indra. [196]
A CREDITOR shall receive his principal back from his debtor exactly as he had lent it
to him. [1]
(As regards the interest to be paid), he shall take in the direct order of the castes
two, three, four, or five in the hundred by the month (if no pledge has been given).
[2]
Or let debtors of any caste pay as much interest as has been promised by themselves.
[3]
After the lapse of one year let them pay interest according to the above rule, even
though it have not been agreed on. [4]
By the use of a pledge (to be kept only) interest is forfeited. [5]
The creditor must make good the loss of a, pledge, unless it was caused by fate or by
the king. [6]
(The pledge must) also (be restored to the debtor) when the interest has reached its
maximum amount (on becoming equal to the principal, and has all been paid). [7]
But he must not restore an immovable pledge without special agreement (till the principal
itself has been paid). [8]
That immovable property which has been delivered, restorable when the sum borrowed is
made good, (the creditor) must restore when the sum borrowed has been made good.
[9]
Property lent bears no further interest after it has been tendered, but refused by the
creditor. [10]
On gold the interest shall rise no higher than to make the debt double;
[11]
On grain, (no higher than to make it) threefold;. [12]
On cloth, (no higher than to make it) fourfold; [13]
On liquids, (no higher than to make it) eightfold; [14]
Of female slaves and cattle, the offspring (shall be taken as interest).
[15]
On substances from which spirituous liquor is extracted, on cotton, thread, leather,
weapons, bricks, and charcoal, the interest is unlimited. [16]
On such objects as have not been mentioned it may be double. [17]
A creditor recovering the sum lent by any (lawful) means shall not be reproved by the
king. [18]
If the debtor, so forced to discharge the debt, complains to the king, he shall be
fined in an equal sum. [19]
If a creditor sues before the king and fully proves his demand, the debtor shall pay as
a fine to the king a tenth part of the sum proved; [20]
And the creditor, having received the sum due, shall pay a twentieth part of it.
[21]
If the whole demand has been contested by the debtor, and even a part of it only has
been proved against him, he must pay the whole. [22]
There are three means of proof in case of a demand having been contested, viz. a
writing, witnesses, and proof by ordeal. [23]
A debt contracted before witnesses should be discharged in the presence of witnesses.
[24]
A written contract having been fulfilled, the writing should be torn. [25]
Part only being paid, and the writing not being at hand, let the creditor give an
acquittance. [26]
If he who contracted the debt should die, or become a religious ascetic, or remain
abroad for twenty years, that debt shall be discharged by his sons or grandsons;
[27]
But not by remoter descendants against their will. [28]
He who takes the assets of a man, leaving or not leaving male issue, must pay the sum
due (by him); [29]
And (so must) he who has the care of the widow left by one who had no assets.
[30]
A woman (shall) not (be compelled to pay) the debt of her husband or son;
[31]
Nor the husband or son (to pay) the debt of a woman (who is his wife or mother);
[32]
3.. Nor a father to pay the debt of his son. [33]
A debt contracted by parceners shall be paid by any one of them who is present.
[34]
And so shall the debt of the father (be paid) by (any one of) the brothers (or of their
sons) before partition. [35]
But after partition they shall severally pay according to their shares of the
inheritance. [36]
A debt contracted by the wife of a herdsman, distiller of spirits, public dancer,
washer, or hunter shall be discharged by the husband (because he is supported by his
wife). [37]
(A debt of which payment has been previously) promised must be paid by the householder;
[38]
And (so must he pay that debt) which was contracted by any person for the behoof of the
family. [39]
He who on receiving the whole amount of a loan, promises to repay the principal on the
following day (or some other date near at hand), but from covetousness does not repay it,
shall give interest for it. [40]
Suretiship is ordained for appearance, for honesty, and for payment; the first two
(sureties, and not their sons), must pay the debt on failure of their engagements, but
even the sons of the last (may be compelled to pay it). [41]
When there are several sureties (jointly bound), they shall pay their proportionate
shares of the debt, but when they are bound severally, the payment shall be made (by any
of them), as the creditor pleases. [42]
If the surety, being harassed by the creditor, discharges the debt, the debtor shall
pay twice as much to the surety. [43]
DOCUMENTS are of three kinds: [1]
Attested by the king, or by (other) witnesses, or unattested. [2]
A document is (said to be) attested by the king when it has been executed (in a court
of judicature), on the king ordering it, by a scribe, his servant, and has been signed by
his chief judge, with his own hand. [3]
It is (said to be) attested by, witnesses when, having been written anywhere, and by
any one, it is signed by witnesses in their own hands. [4]
It is (said to be) unattested when it has been written (by the party himself) with his
own hand. [5]
Such a document, if it has been caused to be written by force, makes no evidence.
[6]
Neither does any fraudulent document (make evidence); [7]
Nor a document (which), though attested, (is vitiated) by the signature of a witness
bribed (by one party) or of bad character; [8]
Nor one written by a scribe of the same description; [9]
Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or
insane, or one in danger or in bodily fear. [10]
(That instrument is termed) proof which is not adverse to peculiar local usages, which
defines clearly the nature of the pledge given, and is free from confusion in the
arrangement of the subject matter and (in the succession of) the syllables. [11]
If the authenticity of a document is contested, it should be ascertained by (comparing
with it other) letters or signs (such as the flourish denoting the word Sri and the like)
or documents executed by the same man, by (enquiring into) the probabilities of the case,
and by (finding out such writings as show) a mode of writing similar (to that contained in
the disputed document). [12]
Should the debtor, or creditor, or witness, or scribe be dead, the authenticity of the
document has to be ascertained by (comparing with it other) specimens of their
handwriting. [13]
NOW FOLLOW (the laws regarding) witnesses. [1]
The king cannot be (made a witness); nor a learned Brahmana; nor an ascetic; nor a
gamester; nor a thief; nor a person not his own master; nor a woman; nor a child; nor a
perpetrator of the acts called sahasa (violence); nor one over-aged (or more than eighty
years old); nor one intoxicated or insane; nor a man of bad fame; nor an outcast;nor one
tormented by hunger or thirst; nor one oppressed by a (sudden) calamity (such as the death
of his father or the like), or wholly absorbed in evil passions; [2]
Nor an enemy or a friend; nor one interested in the subject matter; nor one who does
forbidden acts; nor one formerly perjured; nor an attendant; [3]
Nor one who, without having been appointed, comes and offers his evidence;
[4]
Nor can one man alone be made a witness. [5]
In cases of theft, of violence, of abuse and assault, and of adultery the competence of
witnesses must not be examined too strictly. [6]
Now (those who are fit to be) witnesses (shall he enumerated): [7]
Descendants of a noble race, who are virtuous and wealthy, sacrificers, zealous in the
practice of religious austerities, having male issue, well versed in the holy law,
studious, veracious, acquainted with the three Vedas, and aged (shall be witnesses).
[8]
If he is endowed with the qualities just mentioned, one man alone can also be made a
witness. [9]
In a dispute between two litigants, the witnesses of that party have to be examined
from which the plaint has proceeded. [10]
Where the claim has been refuted as not agreeing with the facts (as e. g. the sum
claimed having been repaid by the debtor), there the witnesses of the defendant have to be
examined as well. [11]
An appointed witness having died or gone abroad, those who have heard his deposition
may give evidence. [12]
(The evidence of) witnesses is (of two kinds): either of what was seen, or of what was
heard. [13]
Witnesses are free from blame if they give true evidence. [14]
Whenever the death of a member of any of the four castes (would be occasioned by true
evidence, they are free from blame) if they give false evidence. [15]
In order to expiate the sin thus committed, such a witness), if he belongs to a
twice-born caste, must pour an oblation in the fire, consecrating it with the texts called
Kushmandi. [16]
If he is a Sudra, he must feed ten cows for one day. [17]
A false witness may be known by his altered looks, by his countenance changing colour,
and by his talk wandering from the subject. [18]
Let the judge summon the witnesses, at the time of sunrise, and examine them after
having bound them by an oath. [19]
A Brahmana he must address thus, 'Declare.' [20]
A Kshatriya he must address thus, 'Declare the truth.' [21]
A Vaisya he must address thus, 'Your kine, grain, and gold (shall yield you no fruit,
if you were to give false evidence).' [22]
A Sudra he must address thus, 'You shall have to atone for all (possible) heavy crimes
(if you were to give false evidence).' [23]
Let him exhort the witnesses (with the following speeches): [24]
'Whatever places (of torture) await (the killer of a Brahmana and other) great
criminals and (the killer of a cow and other) minor offenders, those places of abode are
ordained for a witness who gives false evidence; [25]
'And the fruit of every virtuous act he has done, from the day of his birth to his
dying day, shall be lost to him. [26]
'Truth makes the sun spread his rays. [27]
'Truth makes the moon shine. [28]
'Truth makes the wind blow. [29]
'Truth makes the earth bear (all that is on it). [30]
'Truth makes waters flow. [31]
'Truth makes the fire burn. [32]
'The atmosphere exists through truth. [33]
'So do the gods. [34]
'And so do the offerings. [35]
'If veracity and a thousand horse-sacrifices are weighed against each other, (it is
found that) truth ranks even higher than a thousand horse-sacrifices. [36]
'Those who, though acquainted with the facts, and appointed to give evidence, stand
mute, are equally criminal with, and deserve the same punishment as, false witnesses.'
(After having addressed them) thus, let. the king examine the witnesses in the order of
their castes. [37]
That plaintiff whose statement the witnesses declare to be true, shall win his suit;
but he whose statement they declare to be wrong, shall certainly lose it. [38]
If there is contradictory evidence, let the king decide by the plurality of witnesses;
if equality in number, by superiority in virtue; if parity in virtue, by the evidence of
the best among the twice-born. [39]
Whenever a perjured witness has given false evidence in a suit, (the king) must
reverse the judgment; and whatever has been done, must be considered as undone. [40]
NOW FOLLOWS (the rule regarding) the performance of ordeals. [1]
In cases of a criminal action directed against the king, or of violence (they may be
administered) indiscriminately. [2]
In cases of (denial of) a deposit or of (alleged) theft or robbery they must be
administered each according to the value (of the property claimed). [3]
In all such cases the value (of the object claimed) must be estimated in gold.
[4]
Now if its value amounts to less than one Krishnala, a Sudra must be made to swear by a
blade of Durva grass, (which he must hold in his hand); [5]
If it amounts to less than two Krishnala, by a blade of Tila; [6]
If it amounts to less than three Krishnala, by a blade of silver; [7]
If it amounts to less than four Krishnala, by a blade of gold; [8]
If it amounts to less than five Krishnala, by a lump of earth taken from a furrow;
[9]
If it amounts to less than half a Suvarna, a Sudra must be made to undergo the ordeal
by sacred libation; [10]
If it exceeds that amount, (the judge must administer to him) any one of the (other)
ordeals, viz. the ordeal by, the balance, by fire, by water, or by poison, considering
duly (the season, and so on) [11]
If the amount (of the matter in contest) is twice as high (as in each of the
last-mentioned cases), a Vaisya must (in each case) undergo that ordeal which has (just)
been ordained (for a Sudra); [12]
A Kshatriya (must undergo the same ordeals), if the amount is thrice as high;
[13]
A Brahmana, if it is four times as high. He is, however, not subject to the ordeal by
sacred libation. [14]
No judge must administer the (ordeal by) sacred libation to a Brahmana;
[15]
Except if it be done as a preliminary proof of his dealing fairly in some future
transaction. [16]
Instead of (administering the ordeal by) sacred libation to a Brahmana (in suits
regarding an object, the value of which amounts to less than two Suvarnas), let the judge
cause him to swear by a lump of earth taken from a furrow. [17]
To one formerly convicted of a crime (or of perjury) he must administer one of the
ordeals, even though the matter in contest be ever so trifling. [18]
But to one who is known (and esteemed) among honest men and virtuous, he must not
(administer any ordeal), even though the matter in contest be ever so important.
[19]
The claimant must declare his willingness to pay the fine (which is, due in case of his
being defeated); [20]
And the defendant must go through the ordeal. [21]
In cases of a criminal action directed against the, king, or of violence (an ordeal may
be administered) even without (the claimant) promising to pay the fine (due in case of
defeat in ordinary suits). [22]
To women, Brahmanas, persons deficient in an organ of sense, infirm (old) men, and sick
persons, the (ordeal by the) balance must be administered. [23]
But it must not be administered to them while a wind is blowing. [24]
The (ordeal by) fire must not be administered to lepers, to infirm persons, or to
blacksmiths; [25]
Nor must it ever be administered in autumn or summer. [26]
The (ordeal by) poison must not be administered to lepers, bilious persons, or
Brahmanas; [27]
Nor during the rainy season. [28]
The (ordeal by) water must not be administered to persons afflicted with phlegm or
(another) illness, to the timid, to the asthmatic, nor to those who gain their subsistence
from water (such as fishermen and the like); [29]
Nor during (the two cold seasons) Hemanta and Sisira (or from middle of November to
middle of March); [30]
The (ordeal by) sacred libation must not be administered to atheists; [31]
Nor when the country is afflicted with disease or pestilence. [32]
Let the judge summon the defendant at the time of sunrise, after having, fasted on the
previous day and bathed in his clothes, and make him go through all the ordeals in the
presence of (images of) the gods and of the (assessors and other) Brahmanas. [33]
NOW FOLLOWS the (rule regarding the ordeal by) balance. [1]
The transverse beam, by which the balance is to be suspended, should be fastened on two
posts, four Hastas above the ground (each), and should be made two Hastas long.
[2]
The beam of the balance should be made of strong wood (such as that of the Khadira or
Tinduka trees), five Hastas long, and the two scales must be suspended on both sides of
it, (and the whole suspended on the transverse beam by means of an iron hook).
[3]
A man out of the guild of goldsmiths, or of braziers, should make it equal on both
sides. [4]
Into the one scale the person (who is to be tried by this ordeal) should be placed, and
a stone (or earth or bricks) or some other (equivalent) of the same weight into the other.
[5]
The equivalent and the man having been made equal in weight and (the position of the
scales) well marked, the man should be caused to descend from the balance. [6]
Next (the judge) should adjure by (the following) imprecations the balance
[7]
And the person appointed to look after the weighing: [8]
Those places of torture which have been prepared for the murderer of a Brahmana, or for
a false witness, the same places are ordained for a who person appointed to look after the
weighing, who acts fraudulently in his office. [9]
'You, O balance (dhata), are called by the same name as holy law (dharma); you, O
balance, know what mortals do not comprehend. [10]
'This man, being arraigned in a cause, is weighed on you. Therefore, may you deliver
him lawfully from this perplexity.' [11]
After that the judge should have him placed into the one scale again. If he rises in
it, he is freed from the charge according to law. [12]
In case of the strings bursting, or of the splitting of the transverse beam, the man
should be placed in the scale once more. Thus the facts will be ascertained positively,
and a just sentence be the result.
NOW FOLLOWS the (rule regarding the ordeal by) fire. [1]
He must make seven circles, sixteen Angulas in breadth each, the intervals being of the
same breadth. [2]
Thereupon he must place seven leaves of the holy fig-tree into the hands of the person
(about to perform the ordeal), who must turn his face towards the east and stretch out
both arms. [3]
Those (leaves) and his hands he must bind together with a thread. [4]
Then he must place into his hands a ball made of iron, red-hot, fifty Palas in weight,
and smooth. [5]
Having received this, the person must proceed through the (seven) circles, without
either walking at a very hurried pace, or lingering on his way. [6]
Finally, after having passed the seventh circle, he must put down the ball on the
ground. [7]
That man whose hands are burnt ever so little, shall be deemed guilty; but if he
remains wholly unburnt, he is freed from the charge. [8]
If he lets the ball drop from fear, or if there exists a doubt as to whether he is
burnt or not, let him take the ball once more, because the proof has not been decided.
[9]
At the beginning (of the whole ceremony) the judge shall cause the person to rub some
rice in his hands, and shall mark (with red sap, or the like, the already existing scars,
eruptions of the skin, and so on, which will thus have become visible). Then the judge,
after having addressed the iron ball (with the following prayer), shall place it in his
hands: [10]
'You, fire, dwell in the interior of all creatures, like a witness. Fire, you know what
mortals do not comprehend. [11]
'This man being arraigned in a cause, desires to be cleared from guilt. Therefore may
you deliver him lawfully from this perplexity.' [12]
NOW FOLLOWS the (rule regarding the ordeal by) water. [1]
(The defendant must enter) water which is free from mud, aquatic plants, (crabs and
other) vicious animals, (porpoises or other) large rapacious animals living in water,
fish, leeches, and other (animals or plants), [2]
The water having been addressed with the Mantras (mentioned hereafter), he must enter
it, seizing the knees of another man, who must be free from friendship or hatred, and must
dive into the water up to his navel. [3]
At the same time another man must discharge an arrow from a bow, which must neither be
too strong nor too weak. [4]
That arrow must be fetched quickly by another man. [5]
He who is not seen above the water in the mean time is proclaimed innocent. But in the
contrary case he is (declared) guilty, even though one limb of his only has become
visible. [6]
'You, O water, dwellest in the interior of all creatures, like a witness. O water, you
know what mortals do not comprehend. [7]
'This man being arraigned in a cause, desires to be cleared from guilt. Therefore may
you deliver him, lawfully from this perplexity.' [8]
NOW FOLLOWS the (rule regarding the ordeal by) poison. [1]
All (other) sorts of poison must be avoided (in administering this ordeal),
[2]
Except poison from the Sringa tree, which grows on the Himalayas. [3]
(Of that) the judge must give seven grains, mixed with clarified butter, to the
defendant (while reciting the prayer hereafter mentioned). [4]
If the poison is digested easily, without violent symptoms, he shall recognise him as
innocent, and dismiss him at the end of the day. [5]
'On account of your venomous and dangerous nature you are destruction to all living
creatures; you, O poison, knowest what mortals, do not comprehend. [6]
'This man being arraigned in a cause, desires to be cleared from guilt. Therefore may
you deliver him lawfully from this perplexity.' [7]
NOW FOLLOWS the (rule regarding the ordeal by) sacred libation. [1]
Having invoked terrible deities (such as Durga, the Adityas or others, the defendant)
must drink three handfuls of water in which (images of) those deities have been bathed,
[2]
Uttering at the same time the words, 'I have not done this,' with his face turned
towards the deity (in question). [3]
He to whom (any calamity) happens within a fortnight or three weeks (such as an
illness, or fire, or the death of a relative, or a heavy visitation by the king),
[4]
Should be known to be guilty; otherwise (if nothing adverse happens to him), he is
freed from the charge. A just king should honour (with presents of clothes, ornaments, and
so on) one who has cleared himself from guilt by an ordeal. [5]
NOW THERE are twelve kinds of sons. [1]
The first is the son of the body, viz. he who is begotten (by the husband) himself on
his own lawfully wedded wife. [2]
The second is the soil begotten on a wife, viz. one begotten by a kinsman allied by
funeral oblations, or by a member of the highest caste, on an appointed (wife or widow).
[3]
The third is the son of an appointed daughter. [4]
She is called an appointed daughter, who is given away by her father with the words,
'The son whom she bears be mine.' [5]
A damsel who has no brother is also (in every case considered) an appointed daughter,
though she has not been given away according to the rule of an appointed daughter.
[6]
The son of a twice-married woman is the fourth. [7]
She who, being still a virgin, is married for the second time is called twice married
(punarbhu). [8]
She also is called twice married (punarbhu) who, though not legally married more than
once, has lived with another man before her lawful marriage. [9]
The son of an unmarried damsel is the fifth. [10]
(He is called so who is) born by an unmarried daughter in the house of her father.
[11]
And he belongs to the man who (afterwards) marries the mother. [12]
The son who is secretly born in the house is the sixth. [13]
He belongs to him in whose bed he is born. [14]
The son received with a bride is the seventh. [15]
He (is called so who) is the son of a woman married while she was pregnant.
[16]
And he belongs to the husband (of the pregnant bride). [17]
The adopted son (dattaka) is the eighth. [18]
And he belongs to him to whom he is given by his mother or father. [19]
The son bought is the ninth. [20]
And he belongs to him by whom he is bought. [21]
The son self-given is the tenth. [22]
And he belongs to him to whom he gave himself [23]
The son cast away is the eleventh. [24]
(He is called so) who was forsaken by his father or mother (or by both).
[25]
And he belongs to him by whom he is received. [26]
The son born by any woman whoever is the twelfth. [27]
Amongst these (sons) each preceding one is preferable (to the one next in order).
[28]
And he takes the inheritance (before the next in order). [29]
And let him maintain the rest. [30]
He should marry unmarried (sisters) in a manner correspondent with the amount of his
property. [31]
Outcasts, eunuchs, persons incurably diseased, or deficient (in organs of sense or
actions, such as blind, deaf, dumb, or insane persons, or lepers) do not receive a share.
[32]
They, should be maintained by those who take the inheritance. [33]
And their legitimate sons receive a share. [34]
But not the children of an outcast; [35]
Provided they were born after (the commission of) the act on account of which the
parents were outcasted. [36]
Neither do children begotten (by husbands of an inferior caste) on women of a higher
caste receive a share, [37]
Their sons do not even receive a share of the wealth of their paternal grandfathers.
[38]
They should be supported by the heirs. [39]
And he who inherits the wealth, presents the funeral oblation (to the deceased).
[40]
Amongst wives of one husband also the son of one is the son of all (and must present
funeral oblations to them after their death). [41]
Likewise, amongst brothers begotten by, one (father, the son of one is the son of all,
and must present funeral oblations to them all). [42]
Let a son present the funeral oblations to his father, even though he inherit no
property. [43]
Because he saves (trayate) his father from the hell called Put, therefore (a male
child) is called put-tra (protector from Put, son) by Svayambhu himself [44]
He (the father) throws his debt on him (the son); and the father obtains immortality,
if he sees the face of a loving son. [45]
Through a son he conquers the worlds, through a grandson he obtains immortality, and
through the soil's grandson he gains the world of the sun. [46]
No difference is made in this world between the son of a son and the son of a daughter;
for even a daughter's son works the salvation of a childless man, just like a son's son.
[47]
ON WOMEN equal in caste (to their husbands) sons are begotten, who are equal in caste
(to their fathers). [1]
On women of lower caste than their husbands sons are begotten, who follow the caste of
their mothers. [2]
On women of higher caste than their husbands sons are begotten, who are despised by
the twice-born. [3]
Among these, the son of a Sudra with a Vaisya woman is called Ayogava. [4]
The Pukkasa and Magadha are sons of a Vaisya and Sudra respectively with a Kshatriya
woman. [5]
The Kandala, Vaidehaka, and Suta are the sons of a Sudra, Vaisya, and Kshatriya
respectively with a Brahmana woman. [6]
Besides these, there are innumerable other mixed castes produced by further
intermixture between those that have been mentioned. [7]
Ayogavas must live by artistic performances (such as public wrestling, dancing, and
the like). [8]
Pukkasas must live by hunting. [9]
Magadhas must live by calling out in public the good qualities (of saleable
commodities). [10]
Kandalas must live by executing criminals sentenced to death. [11]
Vaidehakas must live by keeping (dancing girls and other public) women and profiting
by what they earn. [12]
Sutas must live by managing horses. [13]
Kandalas must live out of the town, and their clothes must be the mantles of the
deceased. In this their condition is different (from, and lower than that of the other
mixed castes). [14]
All (members of mixed castes) should have intercourse (of marriage, and other
community) only between themselves. [15]
(In the lower castes also) the son inherits the property of his father. [16]
All members of those mixed castes, whether their descent has been kept secret or is
generally known, may be found out by their acts. [17]
Desertion of life, regardless of reward, in order to save a Brahmana, or a cow, or for
the sake of a woman or child, may confer heavenly bliss even on (members of those) base
castes. [18]
If a father makes a partition with his sons, he may dispose of his self-acquired
property as he thinks best. [1]
But in regard to wealth 'inherited of the paternal grandfather, the ownership of
father and son is equal. [2]
(Sons), who have separated from their father, should give a share to (a brother) who
is born after partition. [3]
The wealth of a man who dies without male issue goes to his wife; [4]
On failure of her, to his daughter; [5]
On failure of her, to his father; [6]
On failure of him, to his mother; [7]
On failure of her, to his brother; [8]
On failure of him, to his brother's son; [9]
On failure of him, to the relations called Bandhu; [10]
On failure of them, to the relations called Sakulya; [11]
On failure of them, to a fellow-student; [12]
On failure of him, it goes to the king, with the exception of a Brahmana's property.
[13]
The property of a Brahmana goes to (other) Brahmanas. [14]
The wealth of a (deceased) hermit shall be taken by his spiritual teacher;
[15]
Or his pupil (may take it). [16]
But let a reunited coparcener take the share of his reunited coparcener who has died
(without issue), and a uterine brother that of his uterine brother, and let them give (the
shares of their deceased coparceners and uterine brothers) to the sons of the latter.
[17]
What has been given to a woman by her father, mother, sons, or brothers, what she has
received before the sacrificial fire (at the marriage ceremony), what she receives on
supersession, what has been given to her by her relatives, her fee (Sulka), and a gift
subsequent, are called 'woman's property' (Stridhana). [18]
If a woman married according to (one of the first) four rites, beginning with the
Brahma rite, dies without issue, that (Stridhana) belongs to her husband. [19]
(If she has been married) according to (one of) the other (four reprehensible rites),
her father shall take it. [20]
If she dies leaving children, her wealth goes in every case to her daughter.
[21]
Ornaments worn by women when their husbands were alive, the heirs shall not divide
among themselves; if they divide them, they become outcasts. [22]
(Coparceners) descended from different fathers must adjust their shares according to
the fathers. Let each take the wealth due to his father, no other (has a right to it).
[23]##¤
18
IF THERE are four sons of a Brahmana (springing from four different wives) of the four
castes, they shall divide the whole estate of their father into ten parts. [1]
Of these, let the soil of the Brahmana wife take four parts; [2]
The son of the Kshatriya wife, three parts; [3]
The son of the Vaisya wife, two parts; [4]
The son of the Sudra wife, a single part. [5]
Again, if there are three sons of a Brahmana (by wives of different castes), but no
son by a Sudra (wife) among them, they shall divide the estate into nine parts.
[6]
(Of these) let them take, each in the order of his caste, shares amounting to four,
three, and two parts of the whole respectively. [7]
(If there are three sons by wives of different castes, but) no Vaisya among them, they
shall divide the estate into eight parts, and take four parts, three parts, and one part
respectively. [8]
(If there are three sons, but) no Kshatriya among them, they shall divide it into
seven parts, and take four parts, two parts, and a single part respectively. [9]
If there is no Brahmana, among them, they hall divide it into six parts, and take
three parts, two parts, and a single part respectively. [10]
If there are sons of a Kshatriya by a Kshatriya, a Vaisya, and a Sudra wife, the mode
of division shall be the same (i.e. the estate shall be divided into six parts, and so on)
[11]
Again, if there are two sons of a Brahmana, the one belonging to the Brahmana and the
other to the Kshatriya caste, they shall divide the estate into seven parts; and of these
the Brahmana son shall take four parts; [12]
The Kshatriya son, three parts. [13]
Again, if there are two sons of a Brahmana, and the one belongs to the Brahmana and
the other to the Vaisya caste, the estate shall be divided into six parts; and of these,
the Brahmana shall take four parts; [14]
The Vaisya, two parts. [15]
Again, if there are two sons of a Brahmana, and the one belongs to the Brahmana and
the other to the Sudra caste, they shall divide the estate into five parts; [16]
And of these, the Brahmana shall take four parts; [17]
The Sudra, a single part. [18]
Again, if there are two sons of a Brahmana or a Kshatriya, and the one belongs to the
Kshatriya and the other to the Sudra caste, they shall divide the estate into five parts;
[19]
And of these, the Kshatriya shall take three parts; [20]
The Sudra, one part. [21]
Again, if there are two sons of a Brahmana or a Kshatriya, and the one belongs to the
Kshatriya, the other to the Sudra caste, they shall divide the estate into four parts;
[22]
And of these, the Kshatriya shall take three parts; [23]
The Sudra, a single part. [24]
Again, if there are two sons of a Brahmana or a Vaisya or a Sudra, and the one belongs
to the Vaisya, the other to the Sudra caste, they shall divide the estate into three
parts; [25]
And of these, the Vaisya shall take two parts; [26]
The Sudra, a single part, [27]
If a Brahmana has an only son, he shall take the whole estate, provided he be a
Brahmana, Kshatriya, or Vaisya. [28]
If a Kshatriya has (an only son who is) either a Kshatriya or a Vaisya, (the rule
shall be the same.) [29]
If a Vaisya has (an only son who is) Vaisya, (the rule shall also be the same);
[30]
(And so shall the only) son of a Sudra (be sole heir) to his Sudra (father).
[31]
A Sudra, who is the only son of a father belonging to a twice-born caste, shall
inherit one-half of his property; [32]
The other half shall devolve in the same way as the property of one who died without
leaving issue. [33]
Mothers shall receive shares proportionate to their son's shares; [34]
And so shall unmarried daughters. [35]
Sons, who are equal in caste (to their father), shall receive equal shares.
[36]
A best part (the twentieth part of the inheritance, and so on) shall be given to the
eldest, as his additional share. [37]
If there are two sons by a Brahmana and one by a Sudra wife, the estate shall be
divided into nine parts; and of these, the two sons of the Brahmana wife shall take two
parts, the one son of the Sudra wife, a single part. [38]
If there are two sons by a Sudra, and one son by a Brahmana wife, the estate shall be
divided into six parts; and of these, the son of the Brahmana wife shall take four parts,
and the two sons of the Sudra wife together shall take two parts. [39]
On the same principles the shares have to be adjusted in other cases also.
[40]
If (brothers), who after a previous division of the estate live again together as
parceners, should make a second partition, the shares must be equal in that case, and the
eldest has no right to an additional share. [41]
What a brother has acquired by, his own efforts, without using the patrimony, he must
not give up (to his brothers or other co-heirs), unless by his own free will; for it was
gained by his own exertion. [42]
And if a man recovers (a debt or other property), which could not before be recovered
by his father, he shall not, unless by his own free will, divide it with his sons; for it
is an acquisition made by himself. [43]
Apparel, vehicles (carriages or riding-horses), and ornaments (such as are usually
worn according to the custom of the caste), prepared food, water (in a well or pool),
females (slaves or mistresses of the deceased), property destined for pious uses or
sacrifices, a common pasture-ground, and a book, are indivisible.
He must not cause a member of a twice-born caste to be carried out by a Sudra (even
though he be a kinsman of the deceased); [1]
Nor a Sudra by a member of a twice-born caste. [2]
A father and a mother shall be carried out by their sons (who are equal in caste to
their parents). [3]
But Sudras must never carry out a member of a twice-born caste, even though he be
their father. [4]
Those Brahmanas who carry out (or follow the corpse of) a (deceased) Brahmana who has
no relatives shall attain a mansion in heaven. [5]
Those who have carried out a dead relative and burnt his corpse, shall walk round the
pile from left to right, and then plunge into water, dressed in their clothes.
[6]
After having offered a libation of water to the deceased, they must place one ball of
rice on blades of Kusa grass, (and this ceremony has to be repeated on each subsequent
day, while the period of impurity lasts.) [7]
Then, having changed their dress, they must bite Nimba leaves between their teeth, and
having stepped on the stone threshold, they must enter the house. [8]
Then they must throw unbroken grains into the fire. [9]
On the fourth day they must collect the bones that have been left. [10]
And they must throw them into water from the Ganges. [11]
As many bones of a man are contained in the water of the Ganges, so many thousands of
years will he reside in heaven. [12]
While the term of impurity lasts, they must continually offer a libation of water and
a ball of rice to the deceased. [13]
And they must eat food which has been bought, or which they have received unsolicited.
[14]
And they, must eat no meat. [15]
And they must sleep on the ground. [16]
And they must sleep apart. [17]
When the impurity is over, they must walk forth from the village, have their beards
shaved, and having cleansed themselves with a paste of sesamum, or with a paste of
mustard-seed, they must change their dress and re-enter the house. [18]
There, after reciting a propitiatory prayer, they must honour the Brahmanas.
[19]
The gods are invisible deities, the Brahmanas are visible deities. [20]
The Brahmanas sustain the world. [21]
It is by the favour of the Brahmanas that the gods reside in heaven; a speech uttered
by Brahmanas (whether a curse or a benediction) never fails to come true. [22]
What the Brahmanas pronounce, when highly pleased (as, if they promise sons, cattle,
wealth, or some other boon to a man), the gods will ratify; when the visible gods are
pleased, the invisible gods are surely pleased as well. [23]
The mourners, who lament the loss of a relative, shall be addressed by men gifted with
a tranquil frame of mind with such consolatory speeches as I shall now recite to you, O
Earth, who art cherished to my, mind. [24]
THE NORTHERN progress of the sun is a day, with the gods. [1]
The southern progress of the sun is (with them) a night. [2]
A year is (with them) a day and a night; [3]
Thirty such are a month; [4]
Twelve such months are a year. [5]
Twelve hundred years of the gods are a Kaliyuga. [6]
Twice as many (or two thousand four hundred) are a Dvapara (Yuga). [7]
Thrice as many (or three thousand six hundred) are a Treta (Yuga). [8]
Four times as many (or four thousand eight hundred) are a Krita Yuga. [9]
(Thus) twelve thousand years make a Katuryuga (or period of four Yugas).
[10]
Seventy-one Katuryugas make a Manvantara (or period of a Manu). [11]
A thousand Katuryugas make a Kalpa. [12]
And that is a day of the forefather (Brahman). [13]
His night also has an equal duration. [14]
If so many such nights and days are put together that, reckoned by the month and by
the year, they make up a period of a hundred years (of Brahman) it is called the age of
one Brahman. [15]
A day of Purusha (Vishnu) is equal in duration to the age of one Brahman.
[16]
When it ends, a Mahakalpa is over. [17]
The night following on it is as long. [18]
The days and nights of Purusha that have gone by are innumerable; [20
And so are those that will follow. [20]
For Kala (time) is without either beginning or end. [21]
Thus it is, that in this Kala (time), in whom there is nothing to rest on, and who is
everlasting, I can espy nothing created in which there is the least stability.
[22]
The sands in the Ganges and (the waters pouring down from the sky) when Indra sends
rain can be counted, but not the number of 'Forefathers' (Brahmans) who have passed away.
[23]
In each Kalpa, fourteen chiefs of the gods (Indras) go to destruction, as many rulers
of the world (kings), and fourteen Manus. [24]
And so have many thousands of Indras and hundred thousands of princes of the Daityas
(such as Hiranyakasipu, Hiranyaksha, and others) been destroyed by Kala, (time). What
should one say of human beings then? [25]
'Many royal Rishis too (such as Sagara), all of them renowned for their virtues, gods
and Brahmanical Rishis (such as Kasyapas) have perished by the action of Kala.
[26]
Those even who have the power of creating and annihilating in this world (the sun,
moon, and other heavenly bodies) continually perish by the act of Kala; for Kala (time) is
hard to overcome. [27]
Every creature is seized on by Kala and carried into the other world. It is the slave
of its actions (in a former existence). Wherefore then should you wail (on its death)?
[28]
Those who are born are sure to die, and those who have died are sure to be born again.
This is inevitable, and no associate can follow a man (in his passage through mundane
existence). [30].
As mourners will not help the dead in this world, therefore (the relatives) should not
weep, but perform the obsequies to the best of their power. [30]
As both his good and bad actions will follow him (after death) like associates. what
does it matter to a man whether his relatives mourn over him or no? [31]
But as long as his relatives remain impure, the departed spirit finds no rest, and
returns to visit (his relatives), whose duty it is to offer tip to him the funeral ball of
rice and the water libation. [32]
Till the Sapindikarana has been performed, the dead man remains a disembodied spirit
(and is afflicted with hunger and thirst). Give rice and a jar with water to the man who
has passed into the abode of disembodied spirits. [33]
Having passed into the abode of the manes (after the performance of the Sapindikarana)
he enjoys in the shape of celestial food his portion of the Sraddha (funeral oblation);
offer the Sraddha, therefore, to him who has passed into the abode of the manes.
[34]
Whether he has become a god, or stays in hell, or has entered the body of an animal,
or of a human being, he will receive the Sraddha offered to him by his relatives.
[35]
The dead person and the performer of the Sraddha are sure to be benefitted by its
performance. Perform the Sraddha always, therefore, abandoning bootless grief.
[36]
This is the duty which should be constantly discharged towards a dead person by his
kinsmen; by mourning a man will neither benefit the dead nor himself. [37]
Having seen that no help is to be had from this world, and that his relations are
dying (one after the other), you must choose virtue for your only associate, O ye men.
[38]
Even were he to die with him, a kinsman is unable to follow his dead relative: all
excepting his wife are forbidden to follow him on the path of Yama. [39]
Virtue alone will follow him, wherever he, may go; therefore do your duty
unflinchingly in this wretched world. [40]
To-morrow's business should be done to-day, and the, afternoons business in the
forenoon; for death will not wait, whether a person has done it or not. [41]
While his mind is fixed on his field, or traffic, or his house, or while his thoughts
are engrossed by some other (beloved) object, death suddenly carries him away as his,
prey, as a she-wolf catches a lamb. [42]
Kala (time) is no one's friend and no one's enemy: when the effect of his acts in a
former existence, by which his present existence is caused, has expired, he snatches a man
away forcibly. [43]
He will not die before his time has come, even though he has been pierced by a
thousand shafts; he will not live after his time is out, even though he has only been
touched by the point of a blade of Kusa grass. [44]
Neither drugs, nor magical formulas, nor burnt-offerings, nor prayers will save a man
who is in the bonds of death or old age. [45]
An impending evil cannot be averted even by a hundred precautions; what reason then
for you to complain? [46]
Even as a calf finds his mother among a thousand cows, an act formerly done is sure to
find the perpetrator. [47]
Of existing beings the beginning is unknown, the middle (of their career) is known,
and the end again unknown; what reason then for you to complain? [48]
As the body of mortals undergoes (successively the vicissitudes of) infancy, youth,
and old age, even so will it be transformed into another body (hereafter); a sensible man
is not mistaken about that. [49]
As a man puts on new clothes in this world, throwing aside those which he formerly
wore, even so the self of man puts on new bodies, which are in accordance with his acts
(in a former life). [50]
No weapons will hurt the self of man, no fire burn it, no waters moisten it, and no
wind dry it up. [51]
It is not to be hurt, not to be burnt, not to be moistened, and not to be dried up; it
is imperishable, perpetual, unchanging, immovable, without beginning. [52]
It is (further) said to be immaterial, passing all thought, and immutable. Knowing the
self of man to be such, you must not grieve (for the destruction of his body).
[53]
Now then, (on the day) after the impurity is over, let him bathe duly (during the
recitation of Mantras), wash his hands and feet duly, and sip water duly, (and having
invited some Brahmanas), as many as possible, who must cleanse themselves in the same way
and turn their faces towards the north, let him bestow presents of perfumes, garlands,
clothes and other things (a lamp, frankincense, and the like) on them, and hospitably
entertain them. [1]
At the Ekoddishta (or Sraddha for one recently deceased) let him alter the Mantras so
as to refer to (the) one person (deceased) [2]
Close to the food left (by the Brahmanas) let him offer a ball of rice, at the same
time calling out his name and (that of) his race. [3]
The Brahmanas having taken food and having been honoured with a gift, let him offer,
as imperishable food, water to the Brahmanas, after having called out the name and Gotra
of the deceased; and let him dig three trenches, each four Angulas in breadth, their
distance from one another and their depth also measuring (four Angulas), and their length
amounting to one Vitasti (or twelve Angulas). [4]
Close by the trenches let him light three fires, and having added fuel to them, let
him make three oblations (of boiled rice) in each (fire, saying), [5]
'Svadha and reverence to Soma, accompanied by the manes. [6]
'Svadha and reverence to Agni, who conveys the oblations addressed to the manes.
[7]
'Svadha and reverence to Yama Angiras.' [8]
Then let him offer balls of rice as (ordained) before (in Sutra 3) on the three mounds
of earth (adjacent to the three trenches). [9]
After having filled the three trenches with rice, sour milk, clarified butter, honey,
and meat, let him mutter (the Mantra), 'This is for you.' [10]
This ceremony he must repeat monthly, on the day of his death. [11]
At the close of the year let him give food to the Brahmanas, after having fed the gods
first, in honour of the deceased and of his father, grandfather, and great-grandfather.
[12]
At (the Ekoddishta belonging to) this ceremony let him perform the burnt-offering, the
invitation, and (the offering of) water for washing the feet. [13]
Then he must pour the water for washing the feet and the Arghya (water libation)
destined for the deceased person into the three vessels containing the water for washing
the feet, and the three other vessels containing the Arghya of his three ancestors. At the
same time he must mutter (the two Mantras), 'May earth unite you ,' and 'United your
minds'. [14]
Near the leavings he must make (and put) four balls of rice. [15]
Let him show out the Brahmanas, after they have sipped water duly and have been
presented by him with their sacrificial fee. [16]
Then let him knead together the ball of the deceased person with the three balls (of
the three ancestors), as (he has mixed up) his water for washing the feet and his Arghya
(with theirs). [17]
&nbs |
4 
6 
3 
This text is based on the translation by Julius Jolly on Clarendon Press, Oxford, in 1880.
It is slightly updated here.