1. 1 This legal procedure is declared, however, to be divided into a number of branches. Hear, now,
4. When any man injures (another), or when he refuses to give what he ought to give: such are the two principal motives for going to law. Their subdivisions are manifold.
5. 5 Lawsuits are of two kinds, according as they originate in (demands regarding) wealth or in injuries. Lawsuits originating in wealth are (divided again) into fourteen sorts; those originating in injuries are of four sorts.
6. Lending money at interest; deposits (and treasure-trove); (the title) called invalid gifts; concerns of a partnership; non-payment of wages; disobedience; disputes concerning land; sale without ownership;
7. Revocation of sale and purchase; breach of
11. Those who understand the eighteen titles of law, as proclaimed in the law-books, to be at the root of all lawsuits, are intelligent men indeed.
12. 12 No sentence should be passed merely according to the letter of the law. If a decision is arrived at without considering the circumstances of the case, violation of justice will be the result.
13. The issue of a lawsuit may convert a thief into an honest man, and an honourable man into an
16. 16 If one abused returns the abuse, or if one struck strikes again, and kills the assailant, such a man commits no offence.
17. 17 He who refrains from killing an aggressor who abuses him aloud, and is ready to murder him, (because the aggressor) is a virtuous man (otherwise) and practices regularly the recitation of the Veda, obtains the same reward as for performing a horse-sacrifice.
18. 18 The judgment in a doubtful matter is declared to be of four sorts, according as it is based on moral law, or on the issue of the case, or on custom, or on an edict from the king.
19. 19 Each of these has been declared to be twofold by the sages, owing to the diversity of legal affairs.
20. 20 When the matter in dispute has been decided according to equity, after due deliberation, and
23. 23 When a sentence is passed according to the inference (to be drawn from circumstantial evidence), it is termed (a decision based on) custom. When it is passed according to local usages, it is termed another sort (of a decision based on custom) by the learned in law.
24. A decision based on an edict from the king is ordained, first, for those cases in which no evidence is forthcoming. When the law-books or the judges are at variance with one another, the second sort (of this species of decisions) is said to be applicable.
25. 25 When a sentence is passed exclusively according to the letter of the law, it should be considered
29. The maternal uncle's daughter is taken in marriage among the twice-born inhabitants of the South. In the central country (Madhyadesa), they become labourers or artizans, and eat cows.
30. The inhabitants of the East are fish-eaters, and their women engage in promiscuous intercourse. In the North the women take intoxicating drinks, and in their courses have intercourse with men.
31. The people of Khasa marry the widow of a brother who has died. These men are not subject to the performance of a penance or to punishment on account of any such offence.
32. 32 Thus has legal procedure with its manifold
34. 34 For one timorous, or idiotic, or mad, or over-aged, and for women, boys, and sick persons, a kinsman or appointed agent should proffer the plaint or answer (as their representative).
35. 35 When a man who has a family and relations does not appear before the court through pride after having been summoned, (the king or judge) should inflict on him punishment corresponding to the nature of the accusation.
36. 36 (The plaintiff) is not permitted to put under restraint a person engaged in study; nor one about to marry; nor one sick; nor one afflicted by sorrow; nor one insane; nor an infant; nor one intoxicated; nor a very old man; nor one charged with a crime; nor one engaged in the king's service; nor one performing a vow;
37. Nor a soldier at the time of battle; nor a husbandman at the time of harvest; nor one in a perilous situation; nor a (respectable) woman; nor one not his own master.
38. 38 A king thus obeying the dictates of law in passing sentences, acquires widespread renown in
40. Obtains fame and royal favours in this world and a residence in heaven. Therefore should a decision be passed for those who are blinded by doubt.
41. 41 An officiating priest and one entrusted with the trial of causes are declared to be equal. In a sacrifice, the sacrificer acquires religious merit; in a lawsuit, (the parties obtain) defeat or victory.
42. 42 He who, divesting himself of avarice, hatred, and other (evil propensities), passes sentences according to the dictates of law, obtains the same reward as for the performance of a sacrifice.
282:1 II, I, 2. Vîram. p. 292.
283:3 3, 4. Smritik. prayakkhek ked bhritim svâmî bhrityânâm karma kurvatâm | na kurvanti ka bhrityâs ket tatra vâdah pravartate || himsâm yo kurute kaskid deyam vâ na prayakkhati | dve hi sthâne vivâdasya tayor bahutarâ gatih ||
283:5 5-9. Smritik. dvipâdo vyavahârah syâd dhanahimsâsamudbhavah | dvisaptako
284:12 12-14. Vîram. p. 18. See Nârada I, 1, 42, 71 (above, pp. 16, 23). For the story of Mândavya, who was falsely charged with theft, see ibid. p. 16, note 42.
285:15 Vîram. p. 24.
285:16 Raghunandana, p. 9.
285:17 Vîram. p. 25.
285:18 Vîram. p. 8. See Nârada I, 1, 11 (above, p. 7).
285:19 19-24. Vîram. pp. 118, 119. I read, with Smritik., divyair vâ sodhitah in 21; pramânaniskito in 22; and pramânarahitâ in 24.
285:20 20, 21. The first kind is when the truth has been duly ascertained
286:23 'Inference,' such as when a man is caught with a firebrand in his hand. Smritik. See Nârada I, 18, 172-175 (above, pp. 85, 86).
286:25 25-27. Vîram. pp. 120, 121.
287:28 28-31. Vîram. p. 29; May. p. 5. I read prûrve for sarve in 30, with Mayûkha, Kalpataru, and other compilations. Baudhâyana I, 2, 1-7.
287:32 Smritik. evam kânekadhâ prokto vyavahâro manîshibhih | tasya nirnayakrid râgâ brâhmanas ka bahusrutah ||
288:33 Vîram. p. 52.
288:34 Vîram. p. 53.
288:35 May. p. 8.
288:36 36, 37. Vîram. p. 56.
288:38 Vîram. p. 125.
289:39 39, 40. Raghunandana, p. 3. I read svargatim for sadgatim, with Smritik.
289:41 Raghunandana, p. 7.
289:42 Smritik. lobhadveshâdikam tyaktvâ yah kuryât kâryanirnayam | sâstroditena vidhinâ tasya yagñaphalam bhavet ||
