Georg Bühler's translation of Manusmrti, Oxford 1886

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7.191. Let him make a small number of soldiers fight in close order, at his pleasure let him extend a large number in loose ranks; or let him make them fight, arranging (a small number) in the needle-array, (and a large number) in the thunderbolt-array.

SyNdn£AñE> sme yuXyedœ AnUpe naE iÖpEs! twa, v&]£guLmav&te capErœ Ais£cmR£AyuxE> Swle. 7£192

7.192. On even ground let him fight with chariots and horses, in water-bound places with boats and elephants, on (ground) covered with trees and shrubs with bows, on hilly ground with swords, targets, (and other) weapons.

k…é]eÇa

7.193. (Men born in) Kurukshetra, Matsyas, Pankalas, and those born in Surasena, let him cause to fight in the van of the battle, as well as (others who are) tall and light.

àh;Ryedœ bl< VyUý ta

7.194. After arranging his troops, he should encourage them (by an address) and carefully inspect them; he should also mark the behaviour (of the soldiers) when they engage the enemy.

%péXy£Airm! AasIt raò+< caSy£%ppIfyet!, Ë;yec! caSy stt< yvs£AÚ£%dk£#Nxnm!. 7£195

7.195. When he has shut up his foe (in a town), let him sit encamped, harass his kingdom, and continually spoil his grass, food, fuel, and water.

i-N*ac! c£@v tfagain àakar£piroas! twa, smvSkNdyec! c£@n< raÇaE ivÇasyet! twa. 7£196

7.196. Likewise let him destroy the tanks, ramparts, and ditches, and let him assail the (foe unawares) and alarm him at night.

%pjPyan! %pjpedœ buXyet£@v c tTk«tm!, yu­e c dEve yuXyet jyàePsurœ Apet-I>. 7£197

7.197. Let him instigate to rebellion those who are open to such instigations, let him be informed of his (foe's) doings, and, when fate is propitious, let him fight without fear, trying to conquer.

saça danen -eden smStErœ Aw va p&wkœ, ivjetu< àytet£ArIn! n yuÏen kda cn. 7£198

7.198. He should (however) try to conquer his foes by conciliation, by (well-applied) gifts, and by creating dissension, used either separately or conjointly, never by fighting, (if it can be avoided.)

AinTyae ivjyae ySmadœ †Zyte yuXymanyae>, prajyz! c s<¢ame tSmadœ yuÏ< ivvjRyet!. 7£199

7.199. For when two (princes) fight, victory and defeat in the battle are, as experience teaches, uncertain; let him therefore avoid an engagement.

Çya[am! APyupayana< pUvR£%­anam! As<-ve, twa yuXyet s

7.200. (But) if even those three before-mentioned expedients fail, then let him, duly exerting himself, fight in such a manner that he may completely conquer his enemies.

ijTva s

7.201. When he has gained victory, let him duly worship the gods and honour righteous Brahmanas, let him grant exemptions, and let him cause promises of safety to be proclaimed.



sveR;a< tu ividTva£@;a< smasen ickIi;Rtm!, Swapyet! tÇ tÖ

7.202. But having fully ascertained the wishes of all the (conquered), let him place there a relative of the (vanquished ruler on the throne), and let him impose his conditions.

àma[ain c k…vIRt te;a< xmaRn! ywa£%idtan!, rÆEz! c pUjyedœ @n< àxanpué;E> sh. 7£203

7.203. Let him make authoritative the lawful (customs) of the (inhabitants), just as they are stated (to be), and let him honour the (new king) and his chief servants with precious gifts.

Aadanm! Aiàykr< dan< c iàykarkm!, A-IiPstanam! AwaRna< kale yu­<. 7£204

7.204. The seizure of desirable property which causes displeasure, and its distribution which causes pleasure, are both recommendable, (if they are) resorted to at the proper time.

sv¡ kmR£#dm! AayÄ< ivxane dEv£manu;e, tyaerœ dEvm! AicNTy< tu manu;e iv*te i³ya. 7£205

7.205. All undertakings (in) this (world) depend both on the ordering of fate and on human exertion; but among these two (the ways of) fate are unfathomable; in the case of man's work action is possible.

sh va£Aip ìjedœ yu­> s, imÇ< ihr{y< -Uim< va s

7.206. Or (the king, bent on conquest), considering a friend, gold, and land (to be) the triple result (of an expedition), may, using diligent care, make peace with (his foe) and return (to his realm).

pai:[R¢ah< c s<àeúy twa³Nd< c m{fle, imÇadœ Aw£APyimÇadœ va yaÇa)lm! Avaßuyat!. 7£207

7.207. Having paid due attention to any king in the circle (of neighbouring states) who might attack him in the rear, and to his supporter who opposes the latter, let (the conqueror) secure the fruit of the expedition from (the prince whom he attacks), whether (he may have become) friendly or (remained) hostile.

ihr{y£-Uims<àaÞya paiwRvae n tw£@xte, ywa imÇ< Øuv< lBXva k«zm! APyayit]mm!. 7£208

7.208. By gaining gold and land a king grows not so much in strength as by obtaining a firm friend, (who), though weak, (may become) powerful in the future.

xmR}< c k«t}< c tuòàk«itm! @v c, Anur­< iSwrarM-< l"uimÇ< àzSyte. 7£209

7.209. A weak friend (even) is greatly commended, who is righteous (and) grateful, whose people are contented, who is attached and persevering in his undertakings.

àa}< k…lIn< zUr< c d]< datarm! @v c, k«t}< x&itmNt< c kòm! Aa÷rœ Air< buxa>. 7£210

7.210. The wise declare him (to be) a most dangerous foe, who is wise, of noble race, brave, clever, liberal, grateful, and firm.

AayRta pué;}an< zaEy¡ ké[veidta, SwaEllúy< c sttm! %dasIngu[£%dy>. 7£211

7.211. Behaviour worthy of an Aryan, knowledge of men, bravery, a compassionate disposition, and great liberality are the virtues of a neutral (who may be courted).

KseMya< sSyàda< inTy< pzuv&iÏkrIm! Aip, pirTyjen! n&pae -Uimm! AaTmawRm! Aivcaryn!. 7£212

7.212. Let the king, without hesitation, quit for his own sake even a country (which is) salubrious, fertile, and causing an increase of cattle.

Aapdw¡ xn< r]edœ daran! r]edœ xnErœ Aip, AaTman< stt< r]edœ darErœ Aip xnErœ Aip. 7£213

7.213. For times of need let him preserve his wealth; at the expense of his wealth let him preserve his wife; let him at all events preserve himself even by (giving up) his wife and his wealth.

sh svaR> smuTpÚa> àsmIúy£Apdae -&zm!, s. 7£214

7.214. A wise (king), seeing that all kinds of misfortunes violently assail him at the same time, should try all (the four) expedients, be it together or separately, (in order to save himself.)

%petarm! %pey< c svR£%paya, @tt! Çy< smaiïTy àytet£AwRisÏye. 7£215

7.215. On the person who employs the expedients, on the business to be accomplished, and on all the expedients collectively, on these three let him ponder and strive to accomplish his ends.

@v< svRm! #d< raja sh sMmÙ!( miÙi->, VyayMy£APluTy mXyaûe -ae­…m! ANt>pur< ivzet!. 7£216

7.216. Having thus consulted with his ministers on all these (matters), having taken exercise, and having bathed afterwards, the king may enter the harem at midday in order to dine.

tÇ£ATm-UtE> kal}Erœ AhayER> pircarkE>, suprIi]tm! AÚa*m! A*an! mÙErœ iv;aphE>. 7£217

7.217. There he may eat food, (which has been prepared) by faithful, incorruptible (servants) who know the (proper) time (for dining), which has been well examined (and hallowed) by sacred texts that destroy poison.

iv;¹Erœ AgdEz! c£ASy svRÔVyai[ yaejyet!, iv;¹ain c rÆain inytae xaryet! sda. 7£218

7.218. Let him mix all his food with medicines (that are) antidotes against poison, and let him always be careful to wear gems which destroy poison.

prIi]ta> iôyz! c£@n< Vyjn£%dk£xUpnE>, ve;a-r[s Sp&zeyu> susmaihta>. 7£219

7.219. Well-tried females whose toilet and ornaments have been examined, shall attentively serve him with fans, water, and perfumes.

@v< àyÆ< k…vIRt yan£zYya£Asn£Azne, õane àsaxne c£@v svaRl»arke;u c. 7£220

7.220. In like manner let him be careful about his carriages, bed, seat, bath, toilet, and all his ornaments.

-u­van! ivhrec! c£@v ôIi-rœ ANt>pure sh, ivùTy tu ywakal< pun> kayaRi[ icNtyet!. 7£221

7.221. When he has dined, he may divert himself with his wives in the harem; but when he has diverted himself, he must, in due time, again think of the affairs of state.

Al

7.222. Adorned (with his robes of state), let him again inspect his fighting men, all his chariots and beasts of burden, the weapons and accoutrements.

s

7.223. Having performed his twilight-devotions, let him, well armed, hear in an inner apartment the doings of those who make secret reports and of his spies.

gTva k]aNtr< Tv! ANyt! smnu}aPy t< jnm!, àivzedœ -aejnaw¡ c ôIv&tae ANt>pur< pun>. 7£224

7.224. But going to another secret apartment and dismissing those people, he may enter the harem, surrounded by female (servants), in order to dine again.

tÇ -u®va pun> ik< ict! tUyR"ae;E> àhi;Rt>, s. 7£255

7.225. Having eaten there something for the second time, and having been recreated by the sound of music, let him go to rest and rise at the proper time free from fatigue.

@tiÖxanm! Aaitóedœ Araeg> p&iwvIpit>, ASvSw> svRm! @tt! tu -&Tye;u ivinyaejyet!. 7£226

7.226. A king who is in good health must observe these rules; but, if he is indisposed, he may entrust all this (business) to his servants.

Chapter 8
Vyvharan! id†]us! tu äaü[E> sh paiwRv>, mÙ}Erœ miÙi-z! c£@v ivnIt> àivzet! s-am!. 8£01

8.1. A king, desirous of investigating law cases, must enter his court of justice, preserving a dignified demeanour, together with Brahmanas and with experienced councillors.

tÇ£AsIn> iSwtae va£Aip pai[m! %*My di][m!, ivnIt£ve;£A-r[> pZyet! kayaRi[ kaiyR[am!. 8£02

8.2. There, either seated or standing, raising his right arm, without ostentation in his dress and ornaments, let him examine the business of suitors,

àTyh< dez†òEz! c zaô†òEz! c hetui->, Aòadzsu mageR;u inbÏain p&wkœ p&wkœ. 8£03

8.3. 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.

te;am! Aa*m! \[adan< in]epae ASvaimiv³y>, s<-Uy c smuTwan< dÄSy£AnpkmR c,8£04

8.4. 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,

vetnSy£@v cadan< s, ³y£iv³yanuzyae ivvad> Svaim£palyae>. 8£05

8.5. (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,

sImaivvadxmRz! c paé:ye d{fvaicke, Stey< c sahs< c£@v ôIs<¢h[m! @v c. 8£06

8.6. (10) Disputes regarding boundaries, (11) assault and (12) defamation, (13) theft, (14) robbery and violence, (15) adultery,

ôI£pu

8.7. (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.

@;u Swane;u -Uiyó< ivvad< crta< n&[am!, xm¡ zañtm! AaiïTy k…yaRt! kayRivin[Rym!. 8£08

8.8. Depending on the eternal law, let him decide the suits of men who mostly contend on the titles just mentioned.

yda Svy< n k…yaRt! tu n&pit> kayRdzRnm!, tda inyuÁJyadœ ivÖa

8.9. But if the king does not personally investigate the suits, then let him appoint a learned Brahmana to try them.

sae ASy kayaRi[ s
, s-am! @v àivZy£A¢!(am! AasIn> iSwt @v va. 8£10

8.10. 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.

yiSmn! deze in;IdiNt ivàa vedivds! Çy>, ra}z! c£Aixk«tae ivÖan! äü[s! ta< s-a< ivÊ>. 8£11

8.11. Where three Brahmanas versed in the Vedas and the learned (judge) appointed by the king sit down, they call that the court of (four-faced) Brahman.

xmaeR ivÏs! Tv! AxmeR[ s-a< yÇ£%pitóte, zLy< c£ASy n k«NtiNt ivÏas! tÇ s-asd>. 8£12

8.12. But where justice, wounded by injustice, approaches and the judges do not extract the dart, there (they also) are wounded (by that dart of injustice).

s-a< va n àveòVy< v­Vy< va smÃsm!, Aäuvn! iväuvn! va£Aip nrae -vit ikiLb;I. 8£13

8.13. Either the court must not be entered, or the truth must be spoken; a man who either says nothing or speaks falsely, becomes sinful.

yÇ xmaeR ýxmeR[ sTy< yÇ£An&ten c, hNyte àe]ma[ana< htas! tÇ s-asd>. 8£14

8.14. Where justice is destroyed by injustice, or truth by falsehood, while the judges look on, there they shall also be destroyed.

xmR @v htae hiNt xmaeR r]it ri]t>, tSmadœ xmaeR n hNtVyae ma nae xmaeR htae vxIt!. 8£15

8.15. 'Justice, being violated, destroys; justice, being preserved, preserves: therefore justice must not be violated, lest violated justice destroy us.'

v&;ae ih -gvan! xmRs! tSy y> k…éte ýlm!, v&;l< t< ivÊrœ devas! tSmadœ xm¡ n laepyet!. 8£16

8.16. For divine justice (is said to be) a bull (vrisha); that (man) who violates it (kurute 'lam) the gods consider to be (a man despicable like) a Sudra (vrishala); let him, therefore, beware of violating justice.

@k @v suùdœ xmaeR inxane APynuyait y>, zrIre[ sm< naz< svRm! ANyΉ ih g½it. 8£17

8.17. The only friend who follows men even after death is justice; for everything else is lost at the same time when the body (perishes).

padae AxmRSy ktaRr< pad> sai][m! \½it, pad> s-asd> svaRn! padae rajanm! \½it. 8£18

8.18. One quarter of (the guilt of) an unjust (decision) falls on him who committed (the crime), one quarter on the (false) witness, one quarter on all the judges, one quarter on the king.

raja -vTynenas! tu muCyNte c s-asd>, @nae g½it ktaRr< inNda£AhaeR yÇ inN*te. 8£19

8.19. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are saved (from sin); the guilt falls on the perpetrator (of the crime alone).

jaitmaÇ£%pjIvI va kam< Syadœ äaü[äuv>, xmRàv­a n&pterœ n zUÔ> kw< cn. 8£20

8.20. A Brahmana who subsists only by the name of his caste (gati), or one who merely calls himself a Brahmana (though his origin be uncertain), may, at the king's pleasure, interpret the law to him, but never a Sudra.

ySy zUÔs! tu k…éte ra}ae xmRivvecnm!, tSy sIdit tdœ raò+< p»e gaErœ #v pZyt>. 8£21

8.21. The kingdom of that monarch, who looks on while a Sudra settles the law, will sink (low), like a cow in a morass.

ydœ raò+< zUÔ£-Uiyó< naiStka³aNtm! AiÖjm!, ivnZyTyazu tt! k«Tõ< Êi-R]£VyaixpIiftm!. 8£22

8.22. That kingdom where Sudras are very numerous, which is infested by atheists and destitute of twice-born (inhabitants), soon entirely perishes, afflicted by famine and disease.

xmaRsnm! Aixóay s smaiht>, à[My laekpale_y> kayRdzRnm! Aar-et!. 8£23

8.23. 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.

AwR£AnwaRv! %-aE buωva xmR£AxmaER c kevlaE, v[R³me[ svaRi[ pZyet! kayaRi[ kaiyR[am!. 8£24

8.24. 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 (varna).

baýErœ iv-avyet! £ il¼Erœ -avm! ANtgRt< n&[am!, Svr£v[R£#i¼t£AkarEz! c]u;a ceiòten c. 8£25

8.25. By external signs let him discover the internal disposition of men, by their voice, their colour, their motions, their aspect, their eyes, and their gestures.

AakarErœ #i¼tErœ gTya ceòya -ai;ten c, neÇ£v±ivkarEz! c g&ýte ANtgRt< mn>. 8£26

8.26. The internal (working of the) mind is perceived through the aspect, the motions, the gait, the gestures, the speech, and the changes in the eye and of the face.

balday£Aidk< irKw< tavdœ raja£Anupalyet!, yavt! s Syat! smav&Äae yavt! £ c£AtIt£zEzv> . 8£27

8.27. The king shall protect the inherited (and other) property of a minor, until he has returned (from his teacher's house) or until he has passed his minority.

vza£ApuÇasu c£@v< Syadœ r][< in:£k…lasu c, pit£ìtasu c ôI;u ivxvaSv! Aaturasu c. 8£28

8.28. 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.

jIvNtIna< tu tasa< ye tΉ hreyu> SvbaNxva>, tan! £ iz:yat! £ caErd{fen xaimRk> p&iwvIpit>. 8£29

8.29. A righteous king must punish like thieves those relatives who appropriate the property of such females during their lifetime.

à[ò£Svaimk< irKw< raja ÈyBd< inxapyet!, AvaRkœ ÈyBdaΉ hret! SvamI pre[ n&pitrœ hret!. 8£30

8.30. 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.

mm£#dm! #it yae äUyat! sae AnuyaeJyae ywaivix, s

8.31. He who says, 'This belongs to me,' must be examined according to the rule; if he accurately describes the shape, and the number (of the articles found) and so forth, (he is) the owner, (and) ought (to receive) that property.

Avedyanae nòSy dez< kal< c tÅvt>, v[¡ êp< àma[< c tTsm< d{fm! AhRit. 8£32

8.32. 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).

AaddIt£Aw ;fœ-ag< ànò£Aixgtan! n&p>, dzm< Öadz< va£Aip sta< xmRm! AnuSmrn!. 8£33

8.33. 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.

ànò£Aixgt< ÔVy< itóedœ yu­Erœ Aixiótm!, ya

8.34. 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.

mmaym! #it yae äUyan! inix< sTyen manv>, tSyaddIt ;fœ-ag< raja Öadzm! @v va. 8£35

8.35. From that man who shall truly say with respect to treasure-trove, 'This belongs to me,' the king may take one-sixth or one-twelfth part.

An&t< tu vdn! d{f(> SvivÄSy£A

8.36. 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).

ivÖa. 8£38

8.37. When a learned Brahmana has found treasure, deposited in former (times), he may take even the whole (of it); for he is master of everything.

y< tu pZyen! inix< raja pura[< iniht< i]taE, tSmadœ iÖje_yae dÅva£AxRm! Ax¡ kaeze àvezyet!. 8£38

8.38. When the king finds treasure of old concealed in the ground let him give one half to Brahmanas and place the (other) half in his treasury.

inxIna< tu pura[ana< xatUnam! @v c i]taE, AxR-ag! r][adœ raja -Umerœ Aixpitrœ ih s>. 8£39

8.39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of (his giving) protection, (and) because he is the lord of the soil.

datVy< svRv[eR_yae ra}a caErErœ ùt< xnm!, raja tdœ %pyuÃanz! caErSy£Aßaeit ikiLb;m!. 8£40

8.40. Property stolen by thieves must be restored by the king to (men of) all castes (varna); a king who uses such (property) for himself incurs the guilt of a thief.

jait£janpdan! xmaRn! ïe[Ixma¡z! c xmRivt!, smIúy k…lxma¡z! c Svxm¡ àitpadyet!. 8£41

8.41. (A king) who knows the sacred law, must inquire into the laws of castes (gati), of districts, of guilds, and of families, and (thus) settle the peculiar law of each.

Svain kmaRi[ k…vaR[a Ëre sNtae Aip manva>, iàya -viNt laekSy Sve Sve kmR{yviSwta>. 8£42

8.42. For men who follow their particular occupations and abide by their particular duty, become dear to people, though they may live at a distance.

n£%Tpadyet! Svy< kay¡ raja n£APySy pué;>, n c àaiptm! ANyen ¢sedœ Aw¡ kw< cn. 8£43

8.43. Neither the king nor any servant of his shall themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man).

ywa nyTys&KpatErœ m&gSy m&gyu> pdm!, nyet! twa£Anumanen xmRSy n&pit> pdm!. 8£44

8.44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts).

sTym! Aw¡ c s
, dez< êp< c kal< c VyvharivxaE iSwt>. 8£45

8.45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the witnesses, to the place, to the time, and to the aspect.

siÑrœ Aacirt< yt! Syadœ xaimRkEz! c iÖjaiti->, tdœ dez£k…l£jatInam! AivéÏ< àkLpyet!. 8£46

8.46. What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not opposed to the (customs of) countries, families, and castes (gati).

Axm[aRwRisÏ(wRm! %Äm[eRn caeidt>, dapyedœ xinkSy£AwRm! Axm[aRdœ iv-aivtm!. 8£47

8.47. 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).

yErœ yErœ %payErœ Aw¡ Sv< àaßuyadœ %Ämi[Rk>, tErœ tErœ %payE> s

8.48. By whatever means a creditor may be able to obtain possession of his property, even by those means may he force the debtor and make him pay.

xmeR[ Vyvhare[ clen£Acirten c, àyu­< saxyedœ Aw¡ pÂmen blen c. 8£49

8.49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may recover property lent; and fifthly, by force.

y> Svy< saxyedœ AwRm! %Äm[aeR Axmi[Rkat!, n s ra}a£Ai-yae­Vy> Svk< s

8.50. A creditor who himself recovers his property from his debtor, must not be blamed by the king for retaking what is his own.

AweR ApVyyman< tu kr[en iv-aivtm!, dapyedœ xinkSy£Aw¡ d{flez< c zi­t>. 8£51

8.51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt to the creditor and a small fine according to his circumstances.

Apûve Axm[RSy deih£#Tyu­Sy s

8.52. 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.

AdeZy< yz! c idzit inidRZy£Apû‚te c y>, yz! c£Axr£%Äran! AwaRn! ivgItan! n£AvbuXyte. 8£53

8.53. (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;

ApidZy£ApdeZy< c punrœ ys! Tv! Apxavit, sMykœ ài[iht< c£Aw¡ p&ò> sn! n£Ai-nNdit. 8£54

8.54. 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;

As<-a:ye sai]i-z! c deze s<-a;te imw>, inéCyman< àî< c n£#½edœ yz! c£Aip in:ptet!. 8£55

8.55. 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);

äUih£#Tyu­z! c n äUyadœ %­< c n iv-avyet!, n c pUvR£Apr< iv*at! tSmadœ AwaRt! s hIyte. 8£56

8.56. 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.

sai][> siNt meTyu®va idz£#Tyu­ae idzen! n y>, xmRSw> kar[Erœ @tErœ hIn< tm! Aip inidRzet! . 8£57

8.57. Him also who says 'I have witnesses,' and, being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited.

Ai-yae­a n cedœ äUyadœ bXyae d{f(z! c xmRt>, n cet! iÇp]at! àäUyadœ xm¡ àit praijt>. 8£58

8.58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fortnights, he has lost his cause.

yae yavt! £ inû‚vIt£Aw¡ imWya yavit va vdet!, taE n&pe[ ýxmR}aE daPyae tdœiÖgu[< dmm!. 8£59

8.59. 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.

p&òae ApVyymans! tu k«t£AvSwae xn£@i;[a, ÈyvrE> sai]i-rœ -aVyae n&p£äaü[s

8.60. (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 Brahmana (appointed by) the king.

ya†za xini-> kayaR Vyvhare;u sai][>, ta†zan! s<àvúyaim ywa vaCym! \t< c tE>. 8£61

8.61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence).

g&ih[> puiÇ[ae maEla> ]Ç£ivZ£zUÔ£yaeny>, AWyuR­a> saúym! AhRiNt n ye ke icdœ Anapid. 8£62

8.62. Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaisyas, or Sudras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency.

AaÝa> sveR;u v[eR;u kayaR> kayeR;u sai][>, svRxmRivdae AluBxa ivprIta

8.63. Trustworthy men of all the (four) castes (varna) may be made witnesses in lawsuits, (men) who know (their) whole duty, and are free from covetousness; but let him reject those (of an) opposite (character).

n£AwRs, n †òdae;a> ktRVya n VyaXyataR n Ëi;ta>. 8£64

8.64. Those must not be made (witnesses) who have an interest in the suit, nor familiar (friends), companions, and enemies (of the parties), nor (men) formerly convicted (of perjury), nor (persons) suffering under (severe) illness, nor (those) tainted (by mortal sin).

n sa]I n&pit> kayaeR n kaék£k…zIlvaE, n ïaeiÇyae n il¼Swae n s¼e_yae ivingRt>. 8£65

8.65. The king cannot be made a witness, nor mechanics and actors, nor a: Srotriya, nor a student of the Veda, nor (an ascetic) who has given up (all) connexion (with the world),

n£AXyxInae n v­Vyae n dSyurœ n ivkmRk«t!, n v&Ïae n izzurœ n£@kae n£ANTyae n ivkl£#iNÔy>. 8£66

8.66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden occupations, nor an aged (man), nor an infant, nor one (man alone), nor a man of the lowest castes, nor one deficient in organs of sense,

n£AtaeR n mÄae n£%NmÄae n ]ut! £ t&:[a£%ppIift>, n ïmataeR n kamataeR n ³…Ïae n£Aip tSkr>. 8£67

8.67. 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.

ôI[a< saúy< iôy> k…yuRrœ iÖjana< s†za iÖja>, zUÔaz! c sNt> zUÔa[am! ANTyanam! ANTy£yaeny>. 8£68

8.68. Women should give evidence for women, and for twice-born men twice-born men (of the) same (kind), virtuous Sudras for Sudras, and men of the lowest castes for the lowest.

Anu-avI tu y> kz! ict! k…yaRt! saúy< ivvaidnam!, ANtveRZmNyr{ye va zrIrSy£Aip c£ATyye. 8£69

8.69. 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.

iôya£APys<-ave kay¡ balen Swivre[ va, iz:ye[ bNxuna va£Aip dasen -&tken va. 8£70

8.70. On failure (of qualified witnesses, evidence) may given (in such cases) by a woman, by an infant, by an aged man, by a pupil, by a relative, by a slave, or by a hired servant.

bal£v&Ï£Atura[a< c saúye;u vdta< m&;a, janIyadœ AiSwra< vacm! %iTs­£mnsa< twa. 8£71

8.71. 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.

sahse;u c sveR;u Stey£s<¢h[e;u c, vaG£d{fyaez! c paé:ye n prI]et sai][>. 8£72

8.72. In all cases of violence, of theft and adultery, of defamation and assault, he must not examine the (competence of) witnesses (too strictly).

b÷Tv< pirg&ŸIyat! sai]ÖExe nraixp>, sme;u tu gu[£%Tk«òan! gui[ÖExe iÖjaeÄman!. 8£73

8.73. 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.

sm]dzRnat! saúy< ïv[ac! c£@v isXyit, tÇ sTy< äuvn! sa]I xmR£AwaR_ya< n hIyte. 8£74

8.74. 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.

sa]I †ò£ïutadœ ANydœ iväuvÚ! AayRs

8.75. A witness who deposes in an assembly of honourable men (Arya) anything else but what he has seen or heard, falls after death headlong into hell and loses heaven.

yÇ£AinbÏae ApI]et z&[uyadœ va£Aip ik< cn, p&òs! tÇ£Aip tdœ äUyadœ ywa†ò< ywaïutm!. 8£76

8.76. 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.

@kae AluBxs! tu sa]I Syadœ bþ‰y> zuCyae Aip n iôy>, ôIbuÏerœ AiSwrTvat! tu dae;Ez! c£ANye Aip ye v&ta>. 8£77

8.77. One man who is free from covetousness may be (accepted as) witness; but not even many pure women, because the understanding of females is apt to waver, nor even many other men, who are tainted with sin.

Sv-aven£@v ydœ äUyus! tdœ ¢aý< Vyavhairkm!, Atae ydœ ANydœ iväUyurœ xmaRw¡ tdœ ApawRkm!. 8£78

8.78. 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.

s-aNt> sai][> àaÝan! AiwR£àTyiwR£s

8.79. 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:

ydœ Öyaerœ Anyaerœ veTw kayeR AiSm, tdœ äUt sv¡ sTyen yu:mak< ýÇ sai]ta. 8£80

8.80. 'What ye know to have been mutually transacted in this matter between the two men before us, declare all that in accordance with the truth; for ye are witnesses in this (cause).

sTy< saúye äuvn! sa]I laekan! AaßaeTYpu:klan!, #h c£An! £ %Äma< kIit¡ vag! @;a äüpUijta. 8£81

8.81. 'A witness who speaks the truth in his evidence, gains (after death) the most excellent regions (of bliss) and here (below) unsurpassable fame; such testimony is revered by Brahman (himself).

saúye An&t< vdn! pazErœ bXyte vaé[Erœ -&zm!, ivvz> ztm! AajatIs! tSmat! saúy< vdedœ \tm!. 8£82

8.82. 'He who gives false evidence is firmly bound by Varuna's fetters, helpless during one hundred existences; let (men therefore) give true evidence.

sTyen pUyte sa]I xmR> sTyen vxRte, tSmat! sTy< ih v­Vy< svRv[eR;u sai]i->. 8£83

8.83. 'By truthfulness a witness is purified, through truthfulness his merit grows, truth must, therefore, be spoken by witnesses of all castes (varna).

AaTma£@v ýaTmn> sa]I gitrœ AaTma twa£ATmn>, ma£Avm Svm! AaTman< n&[a< sai][m! %Ämm!. 8£84

8.84. 'The Soul itself is the witness of the Soul, and the Soul is the refuge of the Soul; despise not thy own Soul, the supreme witness of men.

mNyNte vE papk«tae n kz! ict! pZyit£#it n>, ta àpZyiNt SvSy£@v£ANtrpUé;>. 8£85

8.85. 'The wicked, indeed, say in their hearts, "Nobody sees us;" but the gods distinctly see them and the male within their own breasts.

*aErœ -Uimrœ Aapae ùdy< cNÔ£AkR£Ai¶£ym£Ainla>, raiÇ> s svRdeihnam!. 8£86

8.86. 'The sky, the earth, the waters, (the male in) the heart, the moon, the sun, the fire, Yama and the wind, the night, the two twilights, and justice know the conduct of all corporeal beings.'

dev£äaü[sa zucIn!. 8£87

8.87. The (judge), being purified, shall ask in the forenoon the twice-born (witnesses) who (also have been) purified, (and stand) facing the north or the east, to give true evidence in the presence of (images of) the gods and of Brahmanas.

äUih£#it äaü[< p&½et! sTy< äUih£#it paiwRvm!, gae£bIj£kaÂnErœ vEZy< zUÔ< svERs! tu patkE>. 8£88

8.88. Let him examine a Brahmana (beginning with) 'Speak,' a Kshatriya (beginning with) 'Speak the truth,' a Vaisya (admonishing him) by (mentioning) his kine, grain, and gold, a Sudra (threatening him) with (the guilt of) every crime that causes loss of caste;

äü¹ae ye Sm&ta laeka ye c ôI£bal£"aitn>, imÇÔ‚h> k«t£¹Sy te te Syurœ äuvtae m&;a. 8£89

8.89. (Saying), 'Whatever places (of torment) are assigned (by the sages) to the slayer of a Brahmana, 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.

jNmà-&it yt! ik< ict! pu{y< -Ô Tvya k«tm!, tt! te sv¡ zunae g½edœ yid äUyas! Tvm! ANywa. 8£90

8.90. '(The reward) of all meritorious deeds which thou, good man, hast done since thy birth, shall become the share of the dogs, if in thy speech thou departest from the truth.

@kae Ahm! AiSm£#TyaTman< ys! Tv< kLya[ mNyse, inTy< iSwts! te ù*e; pu{y£pap£$i]ta muin>. 8£91

8.91. 'If thou thinkest, O friend of virtue, with respect to thyself, "I am alone," (know that) that sage who witnesses all virtuous acts and all crimes, ever resides in thy heart.

ymae vEvSvtae devae ys! tv£@; ùid iSwt>, ten cedœ Aivvads! te ma g¼a< ma k…ên! gm>. 8£92

8.92. 'If thou art not at variance with that divine Yama, the son of Vivasvat, who dwells in thy heart, thou needest neither visit the Ganges nor the (land of the) Kurus.

n¶ae mu{f> kpalen c i-]awIR ]ut! £ ippaist>, ANx> zÇuk…l< g½edœ y> saúym! An&t< vdet!. 8£93

8.93. 'Naked and shorn, tormented with hunger and thirst, and deprived of sight, shall the man who gives false evidence, go with a potsherd to beg food at the door of his enemy.

AvaK£izras! tmSyNxe ikiLb;I nrk< ìjet!, y> àî< ivtw< äUyat! p&ò> sn! xmRiníye. 8£94

8.94. 'Headlong, in utter darkness shall the sinful man tumble into hell, who being interrogated in a judicial inquiry answers one question falsely.

ANxae mTSyan! #v£Aîait s nr> k{qkE> sh, yae -a;te AwRvEkLym! AàTy]< s-a< gt>. 8£95

8.95. 'That man who in a court (of justice) gives an untrue account of a transaction (or asserts a fact) of which he was not an eye-witness, resembles a blind man who swallows fish with the bones.

ySy ivÖan! ih vdt> ]eÇ}ae n£Ai-z»te , tSman! n deva> ïeya. 8£96

8.96. 'The gods are acquainted with no better man in this world than him, of whom his conscious Soul has no distrust, when he gives evidence.

yavtae baNxvan! yiSmn! hiNt saúye An&t< vdn!, tavt> s. 8£97

8.97. 'Learn now, O friend, from an enumeration in due order, how many relatives he destroys who gives false evidence in several particular cases.

p pzu£An&te hiNt dz hiNt gvan&te, ztm! Añan&te hiNt shö< pué;an&te. 8£98

8.98. 'He kills five by false Testimony regarding (small) cattle, he kills ten by false testimony regarding kine, he kills a hundred by false evidence concerning horses, and a thousand by false evidence concerning men.

hiNt jatan! Ajata. 8£99

8.99. 'By speaking falsely in a cause regarding gold, he kills the born and the unborn; by false evidence concerning land, he kills everything; beware, therefore, of false evidence concerning land.

APsu -Uimvdœ #Tya÷> ôI[a< -aege c mEwune, Aâe;u c£@v rÆe;u sveR:v! AZmmye;u c. 8£100

8.100. 'They declare (false evidence) concerning water, concerning the carnal enjoyment of women, and concerning all gems, produced in water, or consisting of stones (to be) equally (wicked) as a lie concerning land.

@tan! dae;an! Aveúy Tv< svaRn! An&t-a;[e, ywaïut< ywa†ò< svRm! @v£AÃsa vd. 8£101

8.101. 'Marking well all the evils (which are produced) by perjury, declare thou openly everything as (thou hast) heard or seen (it).'

gaer]kan! vai[ijka

8.102. Brahmanas who tend cattle, who trade, who are mechanics, actors (or singers), menial servants or usurers, the (judge) shall treat like Sudras.

tdœ vdn! xmRtae AweR;u janÚ! APyNYwa nr>, n SvgaRc! Cyvte laekadœ dEvI— vac< vdiNt tam!. 8£103

8.103. 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.

zUÔ£ivZ£]Ç£ivàa[a< yÇ£\t£%­aE -vedœ vx>, tÇ v­Vym! An&t< tΉ ih sTyadœ iviz:yte. 8£104

8.104. Whenever the death of a Sudra, of a Vaisya, of a Kshatriya, or of a Brahmana would be (caused) by a declaration of the truth, a falsehood may be spoken; for such (falsehood) is preferable to the truth.

vaC£dEvTyEz! c céi-rœ yjer

8.105. Such (witnesses) must offer to Sarasvati oblations of boiled rice (karu) which are sacred to the goddess of speech, (thus) performing the best penance in order to expiate the guilt of that falsehood.

kª:ma{fErœ va£Aip ju÷yadœ "&tm! A¶aE ywaivix, %dœ #Ty&ca va vaé{ya t&cen£AP£dEvten va. 8£106

8.106. Or such (a witness) may offer according to the rule, clarified butter in the fire, reciting the Kushmanda texts, or the Rik, sacred to Varuna, 'Untie, O Varuna, the uppermost fetter,' or the three verses addressed to the Waters.

iÇp]adœ Aäuvn! saúym! \[aid;u nrae A£gd>, t†[< àaßuyat! sv¡ dzbNx< c svRt>. 8£107

8.107. A man who, without being ill, does not give evidence in (cases of) loans and the like within three fortnights (after the summons), shall become responsible for the whole debt and (pay) a tenth part of the whole (as a fine to the king).

ySy †Zyet sÝahadœ %­£vaKySy sai][>, raegae Ai¶rœ }aitmr[m! \[< daPyae dm< c s>. 8£108

8.108. 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.

Asai]ke;u Tv! AweR;u imwae ivvadmanyae>, AivNd sTy< zpwen£Aip lM-yet!. 8£109

8.109. If two (parties) dispute about matters for which no witnesses are available, and the (judge) is unable to really ascertain the truth, he may cause it to be discovered even by an oath.

mhi;Ri-z! c devEz! c kayaRw¡ zpwa> k«ta>, visóz! c£Aip zpw< zepe pEjvne n&pe. 8£110

8.110. Both by the great sages and the gods oaths have been taken for the purpose of (deciding doubtful) matters; and Vasishtha even swore an oath before king (Sudas), the son of Pigavana.

n v&wa zpw< k…yaRt! SvLpe APyweR nrae bux>, v&wa ih zpw< k…vRn! àeTy c£#h c nZyit,8£111

8.111. Let no wise man swear an oath falsely, even in a trifling matter; for he who swears an oath falsely is lost in this (world) and after death.

kaimnI;u ivvahe;u gva< -úye twa£#Nxne, äaü[£A_yuppÄaE c zpwe n£AiSt patkm!. 8£112

8.112. No crime, causing loss of caste, is committed by swearing (falsely) to women, the objects of one's desire, at marriages, for the sake of fodder for a cow, or of fuel, and in (order to show) favour to a Brahmana.

sTyen zapyedœ ivà< ]iÇy< vahn£AyuxE>, gae£bIj£kaÂnErœ vEZy< zUÔ< svERs! tu patkE>. 8£113

8.113. Let the (judge) cause a Brahmana 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 Sudra by (imprecating on his own head the guilt) of all grievous offences (pataka).

Ai¶< va£Aharyedœ @nm! APsu c£@n< inm¾yet!, puÇ£darSy va£APyen< izra

8.114. Or the (judge) may cause the (party) to carry fire or to dive under water, or severally to touch the heads of his wives and children.

ym! #Ïae n dhTyi¶rœ Aapae n£%Nm¾yiNt c, n c£AitRm! \½it i]à< s }ey> zpwe zuic>. 8£115

8.115. 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.

vTsSy ýi-zStSy pura æaÇa yvIysa, n£Ai¶rœ ddah raem£Aip sTyen jgt> Spz>. 8£116

8.116. 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.

yiSmn! yiSmn! ivvade tu kaEqsaúy< k«t< -vet!, tt! tt! kay¡ invteRt k«t< c£APyk«t< -vet!. 8£117

8.117. 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.

lae-at! £ maehadœ -yat! £ mEÇat! kamat! ³aexat! twa£@v c, A}anadœ bal-avat! £ c saúy< ivtwm! %Cyte,8£118

8.118. Evidence (given) from covetousness, distraction, terror, friendship, lust, wrath, ignorance, and childishness is declared (to be) invalid.

@;am! ANytme Swane y> saúym! An&t< vdet!, tSy d{fivze;a. 8£119

8.119. I will propound in (due) order the particular punishments for him who gives false evidence from any one of these motives.

lae-at! shö< d{f(s! tu maehat! pUv¡ tu sahsm!, -yadœ ÖaE mXymaE d{faE mEÇat! pUv¡ ctuguR[m!. 8£120

8.120. (He who commits perjury) through covetousness shall be fined one thousand (panas), (he who does it) through distraction, in the lowest amercement; (if a man does it) through fear, two middling amercements shall be paid as a fine, (if he does it) through friendship, four times the amount of the lowest (amercement).

kamadœ dzgu[< pUv¡ ³aexat! tu iÇgu[< prm!, A}anadœ Öe zte pU[eR bailZyat! £ ztm! @v tu. 8£121

8.121. (He who does it) through lust, (shall pay) ten times the lowest amercement, but (he who does it) through wrath, three times the next (or second amercement); (he who does it) through ignorance, two full hundreds, but (he who does it) through childishness, one hundred (panas).

@tan! Aa÷> kaEqsaúye àae­an! d{fan! mnIi;i->, xmRSy£AVyi-carawRm! AxmRinymay c. 8£122

8.122. They declare that the wise have prescribed these fines for perjury, in order to prevent a failure of justice, and in order to restrain injustice.

kaEqsaúy< tu k…vaR[a, àvasyedœ d{fiyTva äaü[< tu ivvasyet!. 8£123

8.123. But a just king shall fine and banish (men of) the three (lower) castes (varna) who have given false evidence, but a Brahmana he shall (only) banish.

dz Swanain d{fSy mnu> Svy<-uvae AävIt!, iÇ;u v[eR;u yain Syurœ A]tae äaü[ae ìjet!. 8£124

8.124. Manu, the son of the Self-existent (Svayambhu), has named ten places on which punishment may be (made to fall) in the cases of the three (lower) castes (varna); but a Brahmana shall depart unhurt (from the country).

%pSwm! %dr< ijþa hStaE padaE c pÂmm!, c]urœ nasa c k[aER c xn< dehs! twa£@v c. 8£125

8.125. (These are) the organ, the belly, the tongue, the two hands, and fifthly the two feet, the eye, the nose, the two ears, likewise the (whole) body.

AnubNx< pir}ay dez£kalaE c tÅvt>, sar£Apraxae c£AlaeKy d{f< d{f(e;u patyet!. 8£126

8.126. Let the (king), having fully ascertained the motive, the time and place (of the offence), and having considered the ability (of the criminal to suffer) and the (nature of the) crime, cause punishment to fall on those who deserve it.

AxmRd{fn< laeke yzae¹< kIitRnaznm!, ASvGy¡ c prÇ£Aip tSmat! tt! pirvjRyet!. 8£127

8.127. Unjust punishment destroys reputation among men, and fame (after death), and causes even in the next world the loss of heaven; let him, therefore, beware of (inflicting) it.

Ad{f(an! d{fyn! raja d{f(a

8.128. A king who punishes those who do not deserve it, and punishes not those who deserve it, brings great infamy on himself and (after death) sinks into hell.

vaGd{f< àwm< k…yaRdœ ixGd{f< tdnNtrm!, t&tIy< xnd{f< tu vxd{fm! At> prm!. 8£129

8.129. Let him punish first by (gentle) admonition, afterwards by (harsh) reproof, thirdly by a fine, after that by corporal chastisement.

vxen£Aip yda Tv! @tan! in¢hItu< n z²…yat!, tda£@;u svRm! APyett! àyuÃIt ctuòym!. 8£130

8.130. But when he cannot restrain such (offenders) even by corporal punishment, then let him apply to them even all the four (modes cojointly).

laeks s<}a> àiwta -uiv, taè£êPy£suv[aRna< ta> àvúyaMyze;t>. 8£131

8.131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used on earth for the purpose of business transactions among men, I will fully declare.

jalaNtrgte -anaE yt! sUúm< †Zyte rj>, àwm< tt! àma[ana< Çsre[u< àc]te. 8£132

8.132. The very small mote which is seen when the sun shines through a lattice, they declare (to be) the least of (all) quantities and (to be called) a trasarenu (a floating particle of dust).

Çsre[vae AòaE iv}eya il]a£@ka pirma[t>, ta rajs;Rps! itös! te Çyae gaErs;Rp>. 8£133

8.133. Know (that) eight trasarenus (are equal) in bulk (to) a liksha (the egg of a louse), three of those to one grain of black mustard (ragasarshapa), and three of the latter to a white mustard-seed.

s;Rpa> ;fœ yvae mXys! iÇyv< Tv! @kk«:[lm!, pÂk«:[lkae ma;s! te suv[Rs! tu ;aefz. 8£134

8.134. Six grains of white mustard are one middle-sized barley-corn, and three barley-corns one krishnala (raktika, or gunga-berry); five krishnalas are one masha (bean), and sixteen of those one suvarna.

pl< suv[aRz! cTvar> plain xr[< dz, Öe k«:[le smx&te iv}eyae raEPyma;k>. 8£135

8.135. Four suvarnas are one pala, and ten palas one dharana; two krishnalas (of silver), weighed together, must be considered one mashaka of silver.

te ;aefz Syadœ xr[< pura[z! c£@v rajt>, ka;aRp[s! tu iv}eys! taièk> kai;Rk> p[>. 8£136

8.136. Sixteen of those make a silver dharana, or purana; but know (that) a karsha of copper is a karshapana, or pana.

xr[ain dz }ey> ztmans! tu rajt>, ctu>saEvi[Rkae in:kae iv}eys! tu àma[t>. 8£137

8.137. Know (that) ten dharanas of silver make one satamana; four suvarnas must be considered (equal) in weight to a nishka.

p[ana< Öe zte saxeR àwm> sahs> Sm&t>, mXym> p iv}ey> shö< Tv! @v c£%Äm>. 8£138

8.138. Two hundred and fifty panas are declared (to be) the first (or lowest) amercement, five (hundred) are considered as the mean (or middlemost), but one thousand as the highest.

\[e deye àit}ate pÂk< ztm! AhRit, Apûve tdœiÖgu[< tn! mnaerœ Anuzasnm!. 8£139

8.139. A debt being admitted as due, (the defendant) shall pay five in the hundred (as a fine), if it be denied (and proved) twice as much; that is the teaching of Manu.

visóivihta< v&iÏ< s&jedœ ivÄivvixRnIm!, AzIit-ag< g&ŸIyan! masadœ vaxuRi;k> zte. 8£140

8.140. A money-lender may stipulate as an increase of his capital, for the interest, allowed by Vasishtha, and take monthly the eightieth part of a hundred.

iÖk< zt< va g&ŸIyat! sta< xmRm! AnuSmrn!, iÖk< zt< ih g&Ÿanae n -vTywRikiLb;I. 8£141

8.141. Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain.

iÖk< iÇk< ctu:k< c pÂk< c zt< smm!, masSy v&iÏ< g&ŸIyadœ v[aRnam! AnupUvRz>. 8£142

8.142. Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varna).

n Tv! @v£AxaE s£%pkare kaEsIdI— v&iÏm! Aaßuyat!, n c£Axe> kals. 8£143

8.143. But if a beneficial pledge (i.e. one from which profit accrues, has been given), he shall receive no interest on the loan; nor can he, after keeping (such) a pledge for a very long time, give or sell it.

n -ae­Vyae bladœ Aaixrœ -uÃanae v&iÏm! %Ts&jet!, mULyen tae;yec! c£@nm! AaixStenae ANywa -vet!. 8£144

8.144. A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he commits a theft of the pledge.

Aaixz! c£%pinixz! c£%-aE n kalaTyym! AhRt>, AvhayaER -veta< taE dI"Rkalm! AviSwtaE. 8£145

8.145. Neither a pledge nor a deposit can be lost by lapse of time; they are both recoverable, though they have remained long (with the bailee).

s<àITya -uJymanain n nZyNt

8.146. Things used with friendly assent, a cow, a camel, a riding-horse, and (a beast) made over for breaking in, are never lost (to the owner).

yt! ik< icdœ dzv;aRi[ s

8.147. (But in general) whatever (chattel) an owner sees enjoyed by others during ten years, while, though present, he says nothing, that (chattel) he shall not recover.

Ajfz! cedœ Apaeg{fae iv;ye c£ASy -uJyte, -¶< tdœ Vyvhare[ -ae­a tdœ ÔVym! AhRit. 8£148

8.148. If (the owner is) neither an idiot nor a minor and if (his chattel) is enjoyed (by another) before his eyes, it is lost to him by law; the adverse possessor shall retain that property.

Aaix> sIma balxn< in]ep£%pinix> iôy>, rajSv< ïaeiÇySv< c n -aegen à[Zyit. 8£149

8.149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.

y> Svaimna£Annu}atm! Aaix< -U“e Aivc][>, ten£AxRv&iÏrœ mae­Vya tSy -aegSy in:k«it>. 8£150

8.150. The fool who uses a pledge without the permission of the owner, shall remit half of his interest, as a compensation for (such) use.

k…sIdv&iÏrœ ÖEgu{y< n£ATyeit sk«dœ Aaùta, xaNye sde lve vaýe n£Ait³amit pÂtam!. 8£151

8.151. In money transactions interest paid at one time (not by instalments) shall never exceed the double (of the principal); on grain, fruit, wool or hair, (and) beasts of burden it must not be more than five times (the original amount).

k«tanusaradœ Aixka Vyitir­a n isXyit, k…sIdpwm! Aa÷s! t< pÂk< ztm! AhRit. 8£152

8.152. Stipulated interest beyond the legal rate, being against (the law), cannot be recovered; they call that a usurious way (of lending); (the lender) is (in no case) entitled to (more than) five in the hundred.

n£Ait£sa kalv&iÏ> kairta kaiyka c ya,8£153

8.153. Let him not take interest beyond the year, nor such as is unapproved, nor compound interest, periodical interest, stipulated interest, and corporal interest.

\[< datum! Az­ae y> ktuRm! #½et! pun> i³yam!, s dÅva inijRta< v&iÏ< kr[< pirvtRyet!. 8£154

8.154. He who, unable to pay a debt (at the fixed time), wishes to make a new contract, may renew the agreement, after paying the interest which is due.

AdzRiyTva tÇ£@v ihr{y< pirvtRyet!, yavtI s<-vedœ v&iÏs! tavtI— datum! AhRit. 8£155

8.155. If he cannot pay the money (due as interest), he may insert it in the renewed (agreement); he must pay as much interest as may be due.

c³v&iÏ< smaêFae dez£kalVyviSwt>, Ait³amn! dez£kalaE n tT)lm! Avaßuyat!. 8£156

8.156. He who has made a contract to carry goods by a wheeled carriage for money and has agreed to a certain place or time, shall not reap that reward, if he does not keep to the place and the time (stipulated).

smuÔyank…zla dez£kal£AwRdizRn>, SwapyiNt tu ya< v&iÏ< sa tÇ£Aixgm< àit. 8£157

8.157. Whatever rate men fix, who are expert in sea-voyages and able to calculate (the profit) according to the place, the time, and the objects (carried), that (has legal force) in such cases with respect to the payment (to be made).

yae ySy àit-Us! itóedœ dzRnay£#h manv>, AdzRyn! s t< tSy ày½et! Svxnadœ \[m!. 8£158

8.158. The man who becomes a surety in this (world) for the appearance of a (debtor), and produces him not, shall pay the debt out of his own property.

àait-aVy< v&wadanm! Aai]k< saEirka< c yt!, d{f£zuLkavze;< c n puÇae datum! AhRit. 8£159

8.159. But money due by a surety, or idly promised, or lost at play, or due for spirituous liquor, or what remains unpaid of a fine and a tax or duty, the son (of the party owing it) shall not be obliged to pay.

dzRnàait-aVye tu ivix> Syat! pUvRcaeidt>, danàit-uiv àete dayadan! Aip dapyet!. 8£160

8.160. This just mentioned rule shall apply to the case of a surety for appearance (only); if a surety for payment should die, the (judge) may compel even his heirs to discharge the debt.

Adatir punrœ data iv}atàk«tav! \[m!, píat! àit-uiv àete prIPset! ken hetuna. 8£161

8.161. On what account then is it that after the death of a surety other than for payment, whose affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)?

inraidòxnz! cet! tu àit-U> Syadœ Al, Svxnadœ @v tdœ d*an! inraidò #it iSwit>. 8£162

8.162. If the surety had received money (from him for whom he stood bail) and had money enough (to pay), then (the heir of him) who received it, shall pay (the debt) out of his property; that is the settled rule.

mÄ£%NmÄ£AtR£AXyxInErœ balen Swivre[ va, As

8.163. A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorised (party) is invalid.

sTya n -a;a -vit y*ip Syat! àitióta, bihz! cedœ -a:yte xmaRt! £ inytadœ Vyvhairkat!. 8£164

8.164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).

yaegaxmniv³It< yaegdanàit¢hm!, yÇ va£APyupix< pZyet! tt! sv¡ ivinvtRyet!. 8£165

8.165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void.

¢hIta yid nò> Syat! k…quMbaweR k«tae Vyy>, datVy< baNxvEs! tt! Syat! àiv-­Erœ Aip Svt>. 8£166

8.166. If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided.

k…quMbaweR AXyxInae Aip Vyvhar< ym! Aacret!, Svdeze va ivdeze va t< Jyayan! n ivcalyet!. 8£167

8.167. Should even a person wholly dependent make a contract for the behoof of the family, the master (of the house), whether (living) in his own country or abroad, shall not rescind it.

bladœ dÄ< bladœ -u­< bladœ yc! c£Aip leiotm!, svaRn! blk«tan! AwaRn! Ak«tan! mnurœ AävIt!. 8£168

8.168. What is given by force, what is enjoyed by force, also what has been caused to be written by force, and all other transactions done by force, Manu has declared void.

Çy> praweR i¬ZyiNt sai][> àit-U> k…lm!, cTvars! tu£%pcIyNte ivà AaF(ae vi['œ n&p>. 8£169

8.169. Three suffer for the sake of others, witnesses, a surety, and judges; but four enrich themselves (through others), a Brahmana, a money-lender, a merchant, and a king.

An! £ Aadey< n£AddIt pir]I[ae Aip paiwRv>, n c£Adey< sm&Ïae Aip sUúmm! APywRm! %Ts&jet!. 8£170

8.170. No king, however indigent, shall take anything that ought not to be taken, nor shall he, however wealthy, decline taking that which he ought to take, be it ever so small.

An! £ AadeySy c£Adanadœ AadeySy c vjRnat!, daEbRLy< OyaPyte ra}> s àeTy£#h c nZyit. 8£171

8.171. In consequence of his taking what ought not to be taken, or of his refusing what ought to be received, a king will be accused of weakness and perish in this (world) and after death.

Svadanadœ v[Rs s àeTy£#h c vxRte. 8£172

8.172. By taking his due, by preventing the confusion of the castes (varna), and by protecting the weak, the power of the king grows, and he prospers in this (world) and after death.

tSmadœ ym #v SvamI Svy< ihTva iày£Aiàye, vteRt yaMyya v&Åya ijt£³aexae ijt£#iNÔy>. 8£173

8.173. Let the prince, therefore, like Yama, not heeding his own likings and dislikings, behave exactly like Yama, suppressing his anger and controlling himself.

ys! Tv! AxmeR[ kayaRi[ maehat! k…yaRn! nraixp>, Aicrat! t< Ê£ARTman< vze k…vRiNt zÇv>. 8£174

8.174. But that evil-minded king who in his folly decides causes unjustly, his enemies soon subjugate.

kam£³aexaE tu s. 8£175

8.175. If, subduing love and hatred, he decides the causes according to the law, (the hearts of) his subjects turn towards him as the rivers (run) towards the ocean.

y> saxyNt< cNden vedyedœ xink< n&pe, s ra}a tt! £ ctu-aRg< daPys! tSy c tdœ xnm!. 8£176

8.176. (The debtor) who complains to the king that his creditor recovers (the debt) independently (of the court), shall be compelled by the king to pay (as a fine) one quarter (of the sum) and to his (creditor) the money (due).

kmR[a£Aip sm< k…yaRdœ xinkay£Axmi[Rk>, smae Avk«òjaits! tu d*at! £ ïeya. 8£177

8.177. Even by (personal) labour shall the debtor make good (what he owes) to his creditor, if he be of the same caste or of a lower one; but a (debtor) of a higher caste shall pay it gradually (when he earns something).

Anen ivixna raja imwae ivvdta< n&[am!, sai]àTyyisÏain kayaRi[ smta< nyet!. 8£178

8.178. According to these rules let the king equitably decide between men, who dispute with each other the matters, which are proved by witnesses and (other) evidence.

k…lje v&Äs
. 8£179

8.179. A sensible man should make a deposit (only) with a person of (good) family, of good conduct, well acquainted with the law, veracious, having many relatives, wealthy, and honourable (arya).

yae ywa ini]peΉ hSte ym! Aw¡ ySy manv>, s twa£@v ¢hItVyae ywa days! twa ¢h>. 8£180

8.180. In whatever manner a person shall deposit anything in the hands of another, in the same manner ought the same thing to be received back (by the owner); as the delivery (was, so must be) the re-delivery.

yae in]ep< yaCymanae in]eÝurœ n ày½it, s yaCy> àafœivvaken tt! £ in]eÝurœ As

8.181. He who restores not his deposit to the depositor at his request, may be tried by the judge in the depositor's absence.

sai]£A-ave ài[ixi-rœ vyae£êp£smiNvtE>, ApdezEz! c s. 8£182

8.182. On failure of witnesses let the (judge) actually deposit gold with that (defendant) under some pretext or other through spies of suitable age and appearance (and afterwards demand it back).

s yid àitp*et ywaNySt< ywak«tm!, n tÇ iv*te ik< icdœ yt! prErœ Ai-yuJyte. 8£183

8.183. If the (defendant) restores it in the manner and shape in which it was bailed, there is nothing (of that description) in his hands, for which others accuse him.

te;a< n d*adœ yid tu tΉ ihr{y< ywaivix, %-aE ing&ý daPy> Syadœ #it xmRSy xar[a. 8£184

8.184. But if he restores not that gold, as be ought, to those (spies), then he shall be compelled by force to restore both (deposits); that is a settled rule of law.

in]ep£%pinxI inTy< n deyaE àTynNtre, nZytae ivinpate tav! Ainpate Tv! AnaiznaE. 8£185

8.185. An open or a sealed deposit must never be returned to a near relative (of the depositor during the latter's lifetime); for if (the recipient) dies (without delivering them), they are lost, but if he does not die, they are not lost.

Svym! @v tu yaE d*an! m&tSy àTynNtre, n s ra}a£Ai-yae­Vyae n in]eÝuz! c bNxui->. 8£186

8.186. But (a depositary) who of his own accord returns them to a near relative of a deceased (depositor), must not be harassed (about them) by the king or by the depositor's relatives.

A½len£@v c£AiNv½et! tm! Aw¡ àIitpUvRkm!, ivcayR tSy va v&Ä< saça£@v pirsaxyet!. 8£187

8.187. And (in doubtful cases) he should try to obtain that object by friendly means, without (having recourse to) artifice, or having inquired into (depositary's) conduct, he should settle (the matter) with gentle means.

in]epe:v! @;u sveR;u ivix> Syat! pirsaxne, s£muÔe n£Aßuyat! ik< icdœ yid tSman! n s

8.188. Such is the rule for obtaining back all those open deposits; in the case of a sealed deposit (the depositary) shall incur no (censure), unless he has taken out something.

caErErœ ùt< jlen£^Fm! Ai¶na dGxm! @v va, n d*adœ yid tSmat! s n s

8.189. (A deposit) which has been stolen by thieves or washed away by water or burned by fire, (the bailee) shall not make it good, unless he took part of it (for himself).

in]epSy£AphtaRrm! Ain]eÝarm! @v c, svERrœ %payErœ AiNv½et! £ zpwEz! c£@v vEidkE>. 8£190

8.190. Him who appropriates a deposit and him (who asks for it) without having made it, (the judge) shall try by all (sorts of) means, and by the oaths prescribed in the Veda.

yae in]ep< n£ApRyit yz! c£A£ini]Py yacte, tav! %-aE caErvt! £ zaSyaE daPyaE va tTsm< dmm!. 8£191

8.191. He who does not return a deposit and he who demands what he never bailed shall both be punished like thieves, or be compelled to pay a fine equal (to the value of the object retained or claimed).

in]epSy£AphtaRr< tTsm< dapyedœ dmm!, twa£%pinixhtaRrm! Aivze;e[ paiwRv>. 8£192

8.192. The king should compel him who does not restore an open deposit, and in like manner him who retains a sealed deposit, to pay a fine equal (to its value).

%pxai-z! c y> kz! ict! prÔVy< hren! nr>, s£shay> s hNtVy> àkaz< ivivxErœ vxE>. 8£193

8.193. That man who by false pretences may possess himself of another's property, shall be publicly punished by various (modes of) corporal (or capital) chastisement, together with his accomplices.

in]epae y> k«tae yen yava

8.194. If a deposit of a particular description or quantity is bailed by anybody in the presence of a number (of witnesses), it must be known to be of that particular (description and quantity; the depositary) who makes a false statement (regarding it) is liable to a fine.

imwae day> k«tae yen g&hItae imw @v va, imw @v àdatVyae ywa days! twa ¢h>. 8£195

8.195. But if anything is delivered or received privately, it must be privately returned; as the bailment (was, so should be) the re-delivery.

ini]ÝSy xnSy£@v< àITya£%pinihtSy c, raja ivin[Ry< k…yaRdœ Ai]{vn! Nyasxair[m!. 8£196

8.196. Thus let the king decide (causes) concerning a deposit and a friendly loan (for use) without showing (undue) rigour to the depositary.

iv³I[Ite prSy Sv< yae ASvamI SvaMysMmt>, n t< nyet saúy< tu Stenm! AStenmainnm!. 8£197

8.197. If anybody sells the property of another man, without being the owner and without the assent of the owner, the (judge) shall not admit him who is a thief, though he may not consider himself as a thief, as a witness (in any case).

AvhayaeR -vet! £ c£@v s£ANvy> ;qœzt< dmm!, in£ARNvyae An! £ Apsr> àaÝ> Syac! caErikiLb;m!. 8£198

8.198. If the (offender) is a kinsman (of the owner), he shall be fined six hundred panas; if he is not a kinsman, nor has any excuse, he shall be guilty of theft.

ASvaimna k«tae ys! tu dayae iv³y @v va, Ak«t> s tu iv}eyae Vyvhare ywa iSwit>. 8£199

8.199. A gift or sale, made by anybody else but the owner, must be considered as null and void, according to the rule in judicial proceedings.

s<-aegae †Zyte yÇ n †Zyet£Agm> Kv ict!, Aagm> kar[< tÇ n s<-aeg #it iSwit>. 8£200

8.200. Where possession is evident, but no title is perceived, there the title (shall be) a proof (of ownership), not possession; such is the settled rule.

iv³yadœ yae xn< ik< icdœ g&ŸIyt! k…ls

8.201. He who obtains a chattel in the market before a number (of witnesses), acquires that chattel with a clear legal title by purchase.




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