vyavahārān didṛkṣus tu brāhmaṇaiḥ saha pārthivaḥ | mantrajñair mantribhiś ca-eva vinītaḥ praviśet) sabhām ||
A king, desirous of investigating law cases, must enter his court of justice, preserving a dignified demeanour, together with Brāhmaṇas and with experienced councillors.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
प्रत्यहं देशदृष्टैश् च शास्त्रदृष्टैश् च हेतुभिः । अष्टादशसु मार्गेषु निबद्धानि पृथक् पृथक् ॥
pratyahaṃ deśadṛṣṭaiś ca śāstradṛṣṭaiś ca hetubhiḥ | aṣṭādaśasu mārgeṣu nibaddhāni pṛthak pṛthak ||
Daily (deciding) one after another (all cases) which fall under the eighteen titles (of the law) according to principles drawn from local usages and from the Institutes of the sacred law.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
तेषाम् आद्यम् ऋणादानं निक्षेपो ऽअस्वामिविक्रयः । संभूय) च समुत्थानं दत्तस्य-अनपकर्म च ।
teṣām ādyam ṛṇādānaṃ nikṣepo 'asvāmivikrayaḥ | saṃbhūya) ca samutthānaṃ dattasya-anapakarma ca |
Of those (titles) the first is the non-payment of debts, (then follow), (2) deposit and pledge, (3) sale without ownership, (4) concerns among partners, and (5) resumption of gifts,
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
वेतनस्य-एव चादानं संविदश् च व्यतिक्रमः । क्रयविक्रयानुशयो विवादः स्वामिपालयोः ॥
vetanasya-eva cādānaṃ saṃvidaś ca vyatikramaḥ | kraya.vikrayānuśayo vivādaḥ svāmi.pālayoḥ ||
(6) Non-payment of wages, (7) non-performance of agreements, (8) rescission of sale and purchase, (9) disputes between the owner (of cattle) and his servants,
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
स्त्रीपुंधर्मो विभागश् च द्यूतम् आह्वय एव च । पदान्य् अष्टादश-एतानि व्यवहारस्थिताव् इह ॥
strī.puṃdharmo vibhāgaś ca dyūtam āhvaya eva ca | padāny aṣṭādaśa-etāni vyavahārasthitāv iha ||
(16) Duties of man and wife, (17) partition (of inheritance), (18) gambling and betting; these are in this world the eighteen topics which give rise to lawsuits.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
सो ऽअस्य कार्याणि संपश्येत्) सभ्यैर् एव त्रिभिर् वृतः) । सभाम् एव प्रविश्य)-अग्र्याम् आसीनः स्थित एव वा ॥
so 'asya kāryāṇi saṃpaśyet) sabhyair eva tribhir vṛtaḥ) | sabhām eva praviśya)-agryām āsīnaḥ sthita eva vā ||
That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
A Brāhmaṇa who subsists only by the name of his caste (^ati), or one who merely calls himself a Brāhmaṇa (though his origin be uncertain), may, at the king's pleasure, interpret the law to him, but never a 6udra.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
yad rāṣṭraṃ śūdra.bhūyiṣṭhaṃ nāstikākrāntam a.dvijam | vinaśyaty) āśu tat kṛtsnaṃ durbhikṣa.vyādhipīḍitam ||
That kingdom where Śudras are very numerous, which is infested by atheists and destitute of twice-born (inhabitants), soon entirely perishes, afflicted by famine and disease.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Having occupied the seat of justice, having covered his body, and having worshipped the guardian deities of the world, let him, with a collected mind, begin the trial of causes.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Knowing what is expedient or inexpedient, what is pure justice or injustice, let him examine the causes of suitors according to the order of the castes (vama). act required by the sacred law'
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
वशाअपुत्रासु च-एवं स्याद्) रक्षणं निष्कुलासु च । पतिव्रतासु च स्त्रीषु विधवास्व् आतुरासु च ॥
vaśā.aputrāsu ca-evaṃ syād) rakṣaṇaṃ niṣ.kulāsu ca | pati.vratāsu ca strīṣu vidhavāsv āturāsu ca ||
In like manner care must be taken of barren^ women, of those who have no sons, of those whose family is extinct, of wives and widows faithful to their lords, and of women afflicted with diseases. pedient' by 'what will make them angry;'
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Property, the owner of which has disappeared, the king shall cause to be kept as a deposit during three years; within the period of three years the owner may claim it, after (that term) the king may take it.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
अवेदयानो) नष्टस्य देशं कालं च तत्त्वतः । वर्णं रूपं प्रमाणं च तत्समं दण्डम् अर्हति ॥
a.vedayāno) naṣṭasya deśaṃ kālaṃ ca tattvataḥ | varṇaṃ rūpaṃ pramāṇaṃ ca tatsamaṃ daṇḍam arhati ||
But if he does not really know the time and the place (where it was) lost, its colour, shape, and size, he is worthy of a fine equal (in value) to the (object claimed).
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Now the king, remembering the duty of good men, may take one-sixth part of property lost and afterwards found, or one-tenth, or at least one-twelfth. of the king's protection are in every case that the relatives are either dead or unable to provide for the females or try to oppress them. 30-34.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Property lost and afterwards found (by the king's servants) shall remain in the keeping of (special) officials; those whom the king may convict of stealing it, he shall cause to be slain by an elephant.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
But he who falsely says (so), shall be fined in one-eighth of his property, or, a calculation of (the value of) the treasure having been made, in some smaller portion (of that).. When a learned Brahrna/za has found treasure, deposited in former (times), he may take even the whole (of it); for he is master of everything.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Property stolen by thieves must be restored by the king to (men of) all castes (vama); a king who uses such (property) for himself incurs the oaiilt of a thief.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
जातिजानपदान् धर्मान् श्रेणीधर्मांश् च धर्मवित् । समीक्ष्य) कुलधर्मांश् च स्वधर्मं प्रतिपादयेत्) ॥
jāti.jānapadān dharmān śreṇīdharmāṃś ca dharmavit | samīkṣya) kuladharmāṃś ca svadharmaṃ pratipādayet) ||
(A king) who knows the sacred law, must inquire into the laws of castes (^ati), of districts, of guilds, and of families, and (thus) settle the peculiar law of each.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
न-उत्पादयेत्) स्वयं कार्यं राजा न-अप्य् अस्य पुरुषः । न च प्रापितम्) अन्येन ग्रसेद् अर्थं कथं चन ॥ [म्ग्रसेत)-अर्थं]
na-utpādayet) svayaṃ kāryaṃ rājā na-apy asya puruṣaḥ | na ca prāpitam) anyena grased arthaṃ kathaṃ cana || [M.graseta)-arthaṃ]
Neither the king nor any servant of his shall because he is the lord of the earth/ as a distinct recognition of the principle that the ownership of all land is vested in the king.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due).
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
arthe 'apavyayamānaṃ) tu karaṇena vibhāvitam) | dāpayed) dhanikasya-arthaṃ daṇḍaleśaṃ ca śaktitaḥ ||
But him who denies a debt which is proved by good evidence, he shall order to pay that debt twice-born men.... that he shall establish as law for countries, families, and. castes, if it is not opposed (to texts of the -Sruti and Smrz'ti).'
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
अदेश्यं यश् च दिशति) निर्दिश्य)-अपह्नुते) च यः । यश् च-अधरौत्तरान् अर्थान् विगीतान् न-अवबुध्यते) ॥
adeśyaṃ yaś ca diśati) nirdiśya)-apahnute) ca yaḥ | yaś ca-adhara.uttarān arthān vigītān na-avabudhyate) ||
(The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statements (are) confused or contradictory;
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
अपदिश्य)-अपदेश्यं च पुनर् यस् त्व् अपधावति) । [मपदिश्य-अपदेशं] सम्यक् प्रणिहितं) च-अर्थं पृष्टः) सन् न-अभिनन्दति) ॥
apadiśya)-apadeśyaṃ ca punar yas tv apadhāvati) | [M.apadiśya-apadeśaṃ] samyak praṇihitaṃ) ca-arthaṃ pṛṣṭaḥ) san na-abhinandati) ||
Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it;
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
असंभाष्ये साक्षिभिश् च देशे संभाषते) मिथः । निरुच्यमानं प्रश्नं च न-इच्छेद्) यश् च-अपि निष्पतेत्) ॥
a.saṃbhāṣye sākṣibhiś ca deśe saṃbhāṣate) mithaḥ | nirucyamānaṃ praśnaṃ ca na-icched) yaś ca-api niṣpatet) ||
Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court);
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
ब्रूहि)-इत्य् उक्तश्) च न ब्रूयाद्) उक्तं च न विभावयेत्) । न च पूर्वअपरं विद्यात् तस्माद् अर्थात् स हीयते) ॥
brūhi)-ity uktaś) ca na brūyād) uktaṃ ca na vibhāvayet) | na ca pūrva.aparaṃ vidyāt tasmād arthāt sa hīyate) ||
Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
यो यावत्-निह्नुवीत)-अर्थं मिथ्या यावति वा वदेत्) । तौ नृपेण ह्य् अधर्मज्ञौ दाप्यो) तद्द्विगुणं दमम् ॥
yo yāvat-nihnuvīta)-arthaṃ mithyā yāvati vā vadet) | tau nṛpeṇa hy adharmajñau dāpyo) taddviguṇaṃ damam ||
In the double of that sum which (a defendant) falsely denies or on which (the plaintiff) falsely declares, shall those two (men) offending against justice be fined by the king.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
(A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the presence of the Brāhmaṇa (appointed by) the king.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
गृहिणः पुत्रिणो मौलाः क्षत्रविश्शूद्रयोनयः । अर्थ्युक्ताः साक्ष्यम् अर्हन्ति) न ये के चिद् अनापदि ॥
gṛhiṇaḥ putriṇo maulāḥ kṣatra.viś.śūdra.yonayaḥ | arthyuktāḥ sākṣyam arhanti) na ye ke cid anāpadi ||
Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaiiyas, or.5udras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
न-आर्तो न मत्तो न-उन्मत्तो न क्षुत्तृष्णाउपपीडितः) । न श्रमार्तो न कामार्तो न क्रुद्धो न-अपि तस्करः ॥
na-ārto na matto na-unmatto na kṣut.tṛṣṇā.upapīḍitaḥ) | na śramārto na kāmārto na kruddho na-api taskaraḥ ||
Nor one extremely grieved, nor one intoxicated, nor a madman, nor one tormented by hunger or thirst, nor one oppressed by fatigue, nor one tormented by desire, nor a wrathful man, nor a thief.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Women should give evidence for women, and for twice-born men twice-born men (of the) same (kind), virtuous Śūdras for,5udras, and men of the lowest castes for the lowest.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
But the (judge) should consider the evidence of infants, aged and diseased men, who (are apt to) speak untruly, as untrustworthy, likewise that of men with disordered minds.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
On a conflict of the witnesses the king shall accept (as true) the (evidence of the) majority; if (the conflicting parties are) equal in number, (that of) those distinguished by good qualities; on a difference between (equally) distinguished (witnesses, that of) the best among the twice-born.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
samakṣadarśanāt sākṣyaṃ śravaṇāc ca-eva sidhyati) | tatra satyaṃ bruvan) sākṣī dharma.arthābhyāṃ na hīyate) ||
Evidence in accordance with what has actually been seen or heard, is admissible; a witness who speaks truth in those (cases), neither loses spiritual merit nor wealth. ^-\ u.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
A witness who deposes in an assembly of! f. honourable men (Arya) anything else but what he has seen or heard, falls after death headlong into | hell and loses heaven.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
When a man (originally) not appointed to be a witness sees or hears anything and is (afterwards) examined regarding it, he must declare it (exactly) as he saw or heard it. J J. One man who is free from covetousness may J_ be (accepted as) witness; but not even many pure ^PJ women, because the understanding of females ^js^ apt to waver, nor even many other men, who are tainted with sin.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
svabhāvena-eva yad brūyus) tad grāhyaṃ) vyāvahārikam | ato yad anyad vibrūyur) dharmārthaṃ tad apārthakam ||
What witnesses declare quite naturally, that must be received on trials; (depositions) differing from that, which they make improperly, are worthless for (the purposes of) justice.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
The witnesses being assembled in the court in the presence of the plaintiff and of the defendant, let the judge examine them, kindly exhorting them in the following manner:
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Let him examine a Brāhmaṇa (beginning i with) ' Speak,' a Kshatriya (beginning with) ' Speak the truth,' a Vaisya (admonishing him) by (mentioning) his kine, grain, and gold, a Śudra (threatening
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
ब्रह्मघ्नो ये स्मृता लोका ये च स्त्रीबालघातिनः । मित्रद्रुहः कृतघ्नस्य ते ते स्युर्) ब्रुवतो) मृषा ॥
brahmaghno ye smṛtā lokā ye ca strī.bāla.ghātinaḥ | mitradruhaḥ kṛta.ghnasya te te syur) bruvato) mṛṣā ||
(Saying), 'Whatever places (of torment) are assigned (by the sages) to the slayer of a Brāhmaṇa, to the murderer of women and children, to him who betrays a friend, and to an ungrateful man, those shall be thy (portion), if thou speakest falsely.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
tad vadan dharmato 'artheṣu jānann) apy anythā naraḥ | na svargāc cyavate) lokād daivīṃ vācaṃ vadanti) tām ||
In (some) cases a man who, though knowing (the facts to be) different, gives such (false evidence) from a pious motive, does not lose heaven; such (evidence) they call the speech of the gods.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
śūdra.viś.kṣatra.viprāṇāṃ yatra-ṛta.uktau bhaved) vadhaḥ | tatra vaktavyam anṛtaṃ tadd hi satyād viśiṣyate) ||
Whenever the death of a 6udra, of a Vaisya, of a Kshatriya, or of a Brāhmaṇa would be (caused) by a declaration of the truth, a falsehood may be spoken; for such (falsehood) is preferable to the truth.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
वाच्दैवत्यैश् च चरुभिर् यजेरंस्) ते सरस्वतीम् । अनृतस्य-एनसस् तस्य कुर्वाणा) निष्कृतिं पराम् ॥
vāc.daivatyaiś ca carubhir yajeraṃs) te sarasvatīm | anṛtasya-enasas tasya kurvāṇā) niṣkṛtiṃ parām ||
Such (witnesses) must offer to Sarasvati oblations of boiled rice (/&aru) which are sacred to the goddess of speech, (thus) performing the best penance in order to expiate the guilt of that falsehood.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
The Kushmarc^a texts are found Taitt. Ar. X, 3-5; the verse addressed to Varuṇa, Rig-vedal,,; and the three verses addressed to the Waters, Rig-veda X,, 1-3.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
The witness to whom, within seven days after he has given evidence, happens (a misfortune through) sickness, a fire, or the death of a relative, shall be made to pay the debt and a fine.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
Let the (judge) cause a Brāhmaṇa to swear by his veracity, a Kshatriya by his chariot or the animal he rides on and by his weapons, a Vaisya by his kine, grain, and gold, and a Śudra by (imprecating on his own head the guilt) of all grievous offences (pataka).
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
यम् इद्धो) न दहत्य्) अग्निर् आपो न-उन्मज्जयन्ति) च । न च-आर्तिम् ऋच्छति) क्षिप्रं स ज्ञेयः) शपथे शुचिः ॥
yam iddho) na dahaty) agnir āpo na-unmajjayanti) ca | na ca-ārtim ṛcchati) kṣipraṃ sa jñeyaḥ) śapathe śuciḥ ||
He whom the blazing fire burns not, whom the water forces not to come (quickly) up, who meets with no speedy misfortune, must be held innocent on (the'strength of) his oath.
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.
For formerly when Vatsa was accused by his younger brother, the fire, the spy of the world, burned not even a hair (of his) by reason of his veracity.. Whenever false evidence has been given in any suit, let the (judge) reverse the judgment, and whatever has been done must be (considered as) undone. oblation'
Translated by Georg BühlerFrom an unproofread scan of the printed edition; spelling and line breaks may carry OCR errors.