The Revered Smṛti of Bṛhaspati

Chapter 1: The Section on Legal Procedure

Formerly, men were devoted to dharma and non-violent; For those overcome by greed and hatred, legal procedure was established. // Brh_1,1.1 //

If a master does not pay the wages of servants who are doing their work, or if the servants do not do their work, there a legal dispute arises. // Brh_1,1.2 //

If someone commits violence or does not give what is due, these are the two grounds of a lawsuit; of them, there are many varieties. // Brh_1,1.3 //

When property is sold or taken for the purpose of a debt, the claim for its price by the creditor is known as a legal dispute. // Brh_1,1.4 //

1.1 The Qualities of a King

I shall now declare in due order the qualities and duties of a king, [and matters of] creditor and debtor in a doubtful case, surety, document, and witnesses. // Brh_1,1.5 //

Understand the origin of him who properly investigates these matters: from Soma, Agni, the Sun, the Wind, Indra, the Lord of Wealth, the Lord of Waters, and Yama. // Brh_1,1.6 //

For the form of the king was created by extracting essential particles of energy from them; Before him, all beings, moving and stationary, submit for his enjoyment out of fear and do not swerve from their dharma. // Brh_1,1.7 //

In a kingless realm, there is no agriculture, trade, money-lending, or protection; therefore, he was created of old as the leader of the varṇāśrama system. // Brh_1,1.8 //

1.2 The Topics of Legal Procedure

A legal dispute is of two kinds, arising from wealth and from violence. // Brh_1,1.9 //

That arising from wealth is of fourteen kinds, while that arising from violence is of four kinds: the two kinds of assault, homicide, and likewise adultery. // Brh_1,1.10 //

Lending, deposits, non-payment of what is due, partnership, non-payment of wages, disobedience, boundary disputes, and sale without ownership. // Brh_1,1.11 //

Rescission of sale and purchase, breach of convention, relations between man and woman, theft, partition of inheritance, and gambling with dice. // Brh_1,1.12 //

These are the fourteen topics arising from wealth; they are further subdivided in many ways according to the different kinds of action. // Brh_1,1.13 //

The two kinds of assault, criminal violence, and likewise adultery; thus Bṛhaspati has declared the four topics arising from violence. // Brh_1,1.14 //

They are distinguished separately as low, middling, and highest; a specific rule for each of these four has been laid down in order. // Brh_1,1.15 //

These eighteen topics are declared in the treatises on dharma; those who know them are the examiners, for they are the root of all disputes. // Brh_1,1.16 //

The plaint is known as the first foot, the second is the reply, the third is called the foot of evidence, and the fourth is the decision. // Brh_1,1.17 //

1.3 The Relative Strength of the Four Means of Decision

By dharma, by legal procedure, by custom, and by the king's edict; a fourfold means is declared for deciding a doubtful matter. // Brh_1,1.18 //

Where a decision is made relying solely on the sacred treatise, that is to be known as legal procedure; by it, dharma is also promoted. // Brh_1,1.19 //

Where a decision is made based on local usage, inference, or the approval of the community, there the general rule of legal procedure is superseded. // Brh_1,1.20 //

Where the king sets aside established custom and makes a decision anew, that is the king's edict, and by it, custom is superseded. // Brh_1,1.21 //

The king, together with his ministers and family priest, should examine legal disputes according to the treatise on dharma for the protection of his subjects, being free from anger and greed, truthful and self-controlled. // Brh_1,1.22 //

1.4 The Court of Justice

The seven constituents of the would-be conqueror and the seven of his enemy; this is called the circle (maṇḍala) of fourteen. // Brh_1,1.23 //

The four types of rulers, together with their respective allies make eight; with the ministers and so forth, these are the immutable letters in the world. // Brh_1,1.24 //

The king, having risen in the morning and performed his purifications according to rule, [should honor] his preceptors, astrologers, physicians, the gods, Brahmins, and family priests, // Brh_1,1.25 //

Having honored these according to their rank with beautiful flowers, ornaments, and garments, and having greeted his preceptors and others, he should enter the court with a cheerful face. // Brh_1,1.26 //

The king should examine the affairs of men, attended by three learned men, having entered the excellent court, either seated or standing. // Brh_1,1.27 //

1.5 The Characteristics of a Fortress

For the protection of himself, his wives, his wealth, and his people, the king should have a fortress built, enclosed by a double rampart. // Brh_1,1.28 //

It should be furnished with fuel, liquids, cane, grass, grain, and vehicles for the kings, and with various machines and weapons, and occupied by loyal and brave men. // Brh_1,1.29 //

Having brought Brahmins learned in the Vedas and sciences, and Kshatriyas who maintain the sacred fire, he should settle them there and arrange for their livelihood. // Brh_1,1.30 //

Taxes should not be levied on them, and plots of land for houses should be given; they should be tax-free from the king, having it recorded in his own charter. // Brh_1,1.31 //

They should perform the daily, occasional, and optional rites for the citizens, as well as rites for peace and prosperity, and also the resolution of doubtful cases. // Brh_1,1.32 //

Whether the ground is level, low, or high, halls, watchtowers, moats, and other structures should be made accordingly. // Brh_1,1.33 //

Then the subjects should build their houses all around it: Brahmins, Vaishyas, merchants, artisans, craftsmen, and guards. // Brh_1,1.34 //

He should lay out halls, residences, exits, promenades, pits, and crossroads, as well as places for public assembly and sale, and enclosures for cattle. // Brh_1,1.35 //

How can a man who has been proclaimed as virtuous in a public assembly, be declared devoid of virtue by that very same mouth? // Brh_1,1.36 //

Therefore, one should not disturb the authority or livelihood of a faultless man; otherwise, a state of instability would arise, and royal authority would perish. // Brh_1,1.37 //

1.6 The Characteristics of Protecting the Subjects

A king whose country is well-established and whose fortress is built according to the treatises, should constantly apply his best force to the removal of thorns. // Brh_1,1.38 //

That protection of subjects is said by those who know justice to be of three kinds: from a foreign army, from the fear of thieves, and from powerful and unjust men. // Brh_1,1.39 //

The king should quell the fear from foreign armies and thieves by strategic means, and [protect] those oppressed by the powerful through the daily administration of justice. // Brh_1,1.40 //

Of whatever is studied, whatever is sacrificed, whatever is offered, and whatever is worshipped, the king receives a sixth part as his share, as a result of proper protection. // Brh_1,1.41 //

By protecting his subjects according to dharma and by executing those who deserve death, a king performs sacrifices daily with hundreds of thousands in sacrificial fees. // Brh_1,1.42 //

A farmer should give the tenth, eighth, or sixth part to the king, from land left fallow for a year, from land cultivated after spring, or from land regularly cultivated, respectively. // Brh_1,1.43 //

According to the custom of the country, they should give a tribute on produce every six months or annually; this is declared to be the ancient dharma for cultivators. // Brh_1,1.44 //

1.7 The Manner of Establishing a Court

Whether in a place with water, in the mountains, amidst trees, in a barren place, or in a desert, he should make a separate house within the fortress, surrounded by water and trees. // Brh_1,1.45 //

To the east of it, he should establish an auspicious court, facing east, furnished with garlands, incense, and seats, and endowed with seeds and gems. // Brh_1,1.46 //

It should be adorned with images, paintings, and figures of deities, as well as with fire and water, and marked by auspicious signs described in the science of architecture. // Brh_1,1.47 //

Having occupied the state-chair, with his body covered and his mind composed, and having bowed to the guardians of the world, he should begin the examination of affairs. // Brh_1,1.48 //

The Brahmin is the root of the tree of dharma; the king is its trunk and branches; the ministers are the leaves and flowers; the fruit is just protection. // Brh_1,1.49 //

Fame and wealth are the juice of the fruit; enjoyment, favor, and honor, invincibility, popular esteem, and an eternal place in heaven. // Brh_1,1.50 //

The king, having become impartial, should carry out the decision of dharma in disputes, casting aside greed and other passions, in order to obtain these juices of justice. // Brh_1,1.51 //

The king who personally undertakes the examination of disputes over livelihood, following the path shown in the sacred treatises, is served by the learned. // Brh_1,1.52 //

Therefore, the king should protect with justice and with great effort; from that, he obtains abundant wealth, sovereignty, [and fame]. // Brh_1,1.53 //

The gods know truth concisely, but men know falsehood; divinity exists even here on earth for him whose mind is fixed on truth. // Brh_1,1.54 //

Just as a sacrifice is accomplished through the union of the animal, ghee, priests, and other elements, so a legal procedure is said to be connected in the same way. // Brh_1,1.55 //

He who, relying on the opinions of the prāḍvivāka and the assessors, reaches a decision in matters through their reasoning, is not liable to punishment. // Brh_1,1.56 //

1.8 The Different Kinds of Courts

Stationary, non-stationary, sealed, and directed: the court is said to be of four kinds, and the assessors are likewise of such kinds. // Brh_1,1.57 //

Stationary is in a town or village; non-stationary is mobile by name; sealed is one furnished with a presiding officer; and directed is one attended by the king. // Brh_1,1.58 //

That court where a man of cultivated intellect examines legal cases is comparable to a sacrifice.

1.9 The Assessors

Where seven, five, or three excellent Brahmins, learned in the Veda, its auxiliaries, and dharma, are seated, that court is like a sacrifice. // Brh_1,1.59 //

He should protect the plaintiff and defendant and keep them unattached; this is the ten-limbed instrument over which the king presides. // Brh_1,1.60 //

Leaving aside the eighth part of the two harvests, he should enter at the right time; that time for legal procedures is considered the highest, as seen in the sacred treatises. // Brh_1,1.61 //

Men who are engaged in virtuous deeds and actions, devoted to truth and dharma, free from anger and greed, and learned in the sacred treatises, should be made assessors by the king. // Brh_1,1.62 //

The court assessors should be seven, five, or three in number. // Brh_1,1.63 //

Those who are ignorant of local customs, atheists, destitute of learning, the insane, the angry, the greedy, or the afflicted, should not be consulted in a decision. // Brh_1,1.64 //

The king, or else a Brahmin prāḍvivāka, should examine the legal cases, placing the limbs of justice before him and abiding by the opinion of the assessors and the sacred treatises. // Brh_1,1.65 //

Because he gratifies (rañjayate) his subjects with his four-fold army, and shines with his own majesty, he is called a king (rājā). // Brh_1,1.66 //

The legal procedure, though one, has been declared to be manifold by the wise; the decider of it is the king, or a Brahmin of great learning. // Brh_1,1.67 //

He who asks (pṛcchati) a question (praśnaṃ) related to a legal dispute is a prāḍ; he who analyzes (vivadati) the dispute therein is a vivāka; hence he is remembered as a prāḍvivāka. // Brh_1,1.68 //

Because in a dispute he asks a question and also a counter-question, and because he speaks first (prāg vadati) and with pleasant words, he is therefore known as a prāḍvivāka. // Brh_1,1.69 //

The king who, accompanied by the prāḍvivāka, ministers, Brahmin priest, and assessors, acts as an observer according to dharma, abides in heaven. // Brh_1,1.70 //

A king should appoint as his minister a Brahmin who knows the meaning of all sacred treatises, is not greedy, speaks justly, is wise, and has come through hereditary succession. // Brh_1,1.71 //

The kingdom of a king who, setting aside Brahmins, examines legal cases with low-born men (vṛṣala), decays, and his army and treasury are destroyed. // Brh_1,1.72 //

For those who dwell in the forest, their court should be in the forest; for soldiers in the army, and for merchants in their caravans. // Brh_1,1.73 //

For cultivators, artisans, wrestlers, money-lenders, guild members, for those wearing religious marks, and for thieves, the decision shall be according to their own law. // Brh_1,1.74 //

Families, guilds, corporations, and the appointed king; these are the foundations of legal procedures, each succeeding one being superior to the one before. // Brh_1,1.75 //

He should have the affairs of ascetics decided only by those learned in the three Vedas, and likewise of those who practice magic, but not by himself, for it may cause anger. // Brh_1,1.76 //

A king who punishes the unpunishable and fails to punish the punishable, incurs great infamy and goes to hell. // Brh_1,1.77 //

Be it a brother, a son, a venerable person, a father-in-law, or a maternal uncle, no one is unpunishable by the king if he has deviated from his own dharma. // Brh_1,1.78 //

Where there is no learned Brahmin, there he should appoint a Kshatriya, or a Vaishya learned in the treatises on dharma; he should carefully avoid a Shudra. // Brh_1,1.79 //

He who is devoid of righteous conduct and duties, and destitute of the marks of a Brahmin, yet says, "I am a Brahmin," him they call a "so-called Brahmin" (brāhmaṇabruva). // Brh_1,1.80 //

Two men who know the truth of words and their meanings, are skilled in calculation, and are pure, and who know various scripts, should be appointed by the king as accountant and scribe. // Brh_1,1.81 //

A man should be appointed who is under the authority of the assessors and is truthful, for the purpose of summoning and guarding the witnesses and the parties without cause. // Brh_1,1.82 //

That court where a king of cultivated intellect presides over this ten-limbed instrument and examines the law, is comparable to a sacrifice. // Brh_1,1.83 //

Of these limbs, the king is the head, and the appointed officer is called the mouth; the assessors are the arms, the Smṛti the hands, and the accountant and scribe the shanks. // Brh_1,1.84 //

Gold, fire, and water are the eyes, the heart is the king's conscience, and his own officer is the feet. // Brh_1,1.85 //

Gold, fire, water, and the treatises on dharma— the king should place these pure and beneficial things in the middle of the court. // Brh_1,1.86 //

He should imagine the Sun, Moon, and other gods and the guardians of the directions to be there; gold, fire, water, and his own officer are the ten instruments of proof. // Brh_1,1.87 //

The function of each of these ten has been declared separately: the king is the speaker and chief, the ruler; the assessor is the examiner of the case. // Brh_1,1.88 //

The Smṛti declares the decision, the award of victory, and the punishment; gold and fire are for ordeals; water is for thirsty creatures. // Brh_1,1.89 //

The accountant should calculate the sum, and the scribe should write down the judgment; his own officer is for bringing the defendant, plaintiff, assessors, and witnesses. // Brh_1,1.90 //

Verbal reprimand and censure are both under the authority of the Brahmin; fines and capital punishment are both declared to be under the authority of the king. // Brh_1,1.91 //

Those groups such as families, guilds, and corporations that are duly recognized by the king, may decide the legal affairs of men, except for cases of violence and those reserved for the king. // Brh_1,1.92 //

The heads of families, guilds, and corporations are declared to be decision-makers; a matter that has not been decided by families should be investigated by guilds. // Brh_1,1.93 //

What is not known by the guilds should be decided by corporations, and what is not known by corporations, by appointed officials; the assessors are superior to families and the rest, and the chief judge is remembered as superior to them. // Brh_1,1.94 //

Superior to all is the king, through his investigation of disputes of the highest, lowest, and middling degree, and because he carefully ascertains the dharma. // Brh_1,1.95 //

The intellects of rulers move ever higher and higher than other intellects. Those who are afflicted with the darkness of ignorance and covered by the veil of doubt, // Brh_1,1.96 //

he who makes them free from disease with the collyrium-stick of the sacred treatises, obtains fame here, honor from the king, and a path to heaven. // Brh_1,1.97 //

He who, having abandoned greed, hatred, and the like, makes a decision in a case according to the procedure declared in the sacred treatises, obtains the fruit of a sacrifice. // Brh_1,1.98 //

The court assessors should not overlook a case that has proceeded unrighteously; by overlooking it, they, along with the king, go headlong to hell. // Brh_1,1.99 //

When the mind of the king is known to have deviated from the path of justice, an unpleasant truth must be spoken there; the assessor is not sinful for doing so. // Brh_1,1.100 //

An assessor must speak words that are in accordance with dharma and worldly interest; if the king does not listen, the assessor is then free from blame. // Brh_1,1.101 //

If, in undecided cases, the prāḍvivāka converses in private with a party, he should be punished, and the assessors even more so. // Brh_1,1.102 //

Where an assessor speaks otherwise, whether from affection, ignorance, confusion, or greed, he is to be punished and is indeed considered an unworthy assessor. // Brh_1,1.103 //

Where there is no document, no witness, and no possession, and no means of proof exist, the king is the one means of proof there. // Brh_1,1.104 //

For those disputes of a doubtful nature which cannot be decided, the king shall be the authority, for he is the lord of all. // Brh_1,1.105 //

He should personally examine legal disputes daily, surrounded by his assessors. // Brh_1,1.106 //

Assessors who argue unjustly, as well as those who live on bribes, and those who are treacherous to the trustworthy—all of them should be banished. // Brh_1,1.107 //

Whether appointed or not, one who knows the sacred treatises is entitled to speak; what is spoken by him in the court, that is dharma, there is no doubt. // Brh_1,1.108 //

The king should sit facing east, the assessors facing north, the accountant facing west, and the scribe facing south. // Brh_1,1.109 //

Just as Yama restrains both friend and foe when their time has come, so should the king restrain his subjects; this indeed is the vow of Yama. // Brh_1,1.110 //

The king should skillfully guide the course of a legal dispute, examining it without conflict with the treatises on dharma and the treatises on polity. // Brh_1,1.111 //

Where a decision has been reached by the assessors in transgression of the science of justice, there, dharma, being violated, destroys them all, without a doubt. // Brh_1,1.112 //

The treatises of Manu and others should be followed, but never the treatise on polity alone; in case of a conflict between the two, what is stated in the treatise on dharma must be done. // Brh_1,1.113 //

A decision should not be made by relying on the sacred treatise alone; in an investigation devoid of reasoning, a failure of dharma occurs. // Brh_1,1.114 //

Having entered the court in the forenoon with his aged ministers and retainers, he should examine and listen to the ancient treatises on dharma and polity. // Brh_1,1.115 //

A thief becomes a non-thief, and a virtuous man a non-virtuous one, through legal procedure; for want of a reasoned investigation, Māṇḍavya incurred the status of a thief. // Brh_1,1.116 //

False things appear like truth, and true things appear like falsehood; they are seen to generate confusion, therefore one should investigate with reasoning. // Brh_1,1.117 //

In a sacrifice, Viṣṇu is worshipped; in a legal dispute, the king; the victor here is the sacrificer, the vanquished is declared to be the sacrificial animal. // Brh_1,1.118 //

The plaint and the reply are the beginning; the solemn declaration is remembered as the oblation; the three Vedas are the sacred treatises; the assessors are the priests; the punishment is the sacrificial fee. // Brh_1,1.119 //

Likewise, the accountant and the scribe should be known as the two overseers; this legal procedure, when brought together, is declared to be equal to a sacrifice. // Brh_1,1.120 //

When a person, aggrieved by others through a course of action contrary to Smṛti and custom, makes a representation to the king, that is indeed a topic of legal procedure. // Brh_1,1.121 //

A plaint made by an outcaste or the like, or by one who is not of sound mind, or by one who is not independent, does not succeed. // Brh_1,1.122 //

A legal dispute initiated by one who is intoxicated, insane, afflicted, addicted to vice, a child, or very old, or one made by an unrelated person, does not succeed. // Brh_1,1.123 //

Between teacher and student, father and son, husband and wife, master and servant— among these when they are associated, a legal dispute does not succeed. // Brh_1,1.124 //

A plaint thus examined by the assessors should be written down; a dispute that is unfounded, hostile to the city, should not be investigated. // Brh_1,1.125 //

1.10 The Laws of Regions and Castes are to be Upheld in the Same Way

For those born of mixed unions in the reverse order, and for those living in fortresses, the laws established for their regions, castes, and families— // Brh_1,1.126 //

those very laws must be upheld, for otherwise the populace becomes agitated; disaffection among the people arises, and the army and treasury are destroyed. // Brh_1,1.127 //

By southerners, the daughter of a maternal uncle is married by the twice-born; in the middle country, laborers and artisans are eaters of beef. // Brh_1,1.128 //

The men of the east are fish-eaters, and their women are prone to adultery; in the north, women drink liquor and are touchable by men during their menstrual period. // Brh_1,1.129 //

They take as wives the widows of their brothers who have died without issue; for these actions, they are not liable to penance or punishment. // Brh_1,1.130 //

For their constant failure to perform prescribed acts and for their performance of forbidden ones, the king, after providing them with food and clothing, may take the remainder. // Brh_1,1.131 //

[For those born of mixed unions in the reverse order, and for those living in fortresses,] the law must be carefully protected as in the sacred treatises; in a doubtful case, that is the means of proof. // Brh_1,1.132 //

Having seen that, he should make a decision according to the previously established rule, concerning the court, tolls, proper fines, and monthly or semi-annual taxes. // Brh_1,1.133 //

The established rule, overseen by the merchants, should always be recorded. The statement of the plaintiff should be taken, and the statement of the defendant as well. Having examined the case, he should accept it; otherwise, he goes to hell. // Brh_1,1.134 //

A lawsuit of one person against many, or with women, or with spectators, is declared by those who know dharma to be inadmissible. // Brh_1,1.135 //

1.11 Persons Not to be Placed Under Arrest

One engaged in a sacrifice or a wedding, a sick person, one afflicted by grief, an insane person, a child, one who is intoxicated, aged, or under trial, one engaged in the king's service, or one under a vow. // Brh_1,1.136 //

A soldier on the verge of battle, a farmer at the time of harvest, those in a difficult situation, and those accompanied by their wives are not to be arrested. // Brh_1,1.137 //

One who has not reached the age of litigation, an envoy, one about to make a gift, one under a vow, those in a difficult situation, and those accompanied by their wives are not to be arrested. // Brh_1,1.138 //

A merchant who has sold his goods, a farmer when his crop is grown, and those engaged in a sacrifice, having completed their tasks, may be made to pay. // Brh_1,1.139 //

Where one's mind is not able, yet one wishes to enter into a dispute, time should be granted to him, to both the plaintiff and the defendant. // Brh_1,1.140 //

The person against whom one makes an accusation, whether truthfully or out of suspicion, the king should have that very person brought by a seal or by an officer. // Brh_1,1.141 //

For the timid, the foolish, the insane, the aged, women, children, and the sick, a relative or another appointed person may speak the plaint and reply. // Brh_1,1.142 //

In a dispute concerning a priest, the appointed representative and the priest are considered equal; in the sacrifice, the master obtains the merit; in the dispute, either loss or victory. // Brh_1,1.143 //

1.12 The Summons

He who, having been summoned, does not come, out of arrogance or reliance on the strength of his relatives, a punishment should be imposed on him proportionate to the accusation. // Brh_1,1.144 //

At the proper time, he should ask the plaintiff, who stands bowing before him: "What is your business and what is your grievance? Fear not, O man, speak." // Brh_1,1.145 //

When thus questioned, whatever he says, the king, after deliberating with the assessors and Brahmins, if the case is just, should then issue a summons. // Brh_1,1.146 //

He should give a seal or a written order, or dispatch an officer. He who, though able, scorns the king's command after being summoned, a punishment should be imposed on him proportionate to the accusation. // Brh_1,1.147 //

For a minor offense, the fine is fifty; for middling ones, at least one hundred; in grave matters, he should be fined at least five hundred. // Brh_1,1.148 //

When the country is ravaged by a foreign army, in a famine, or when afflicted by disease, the king should issue a fresh summons and should not impose a fine. // Brh_1,1.149 //

Those who are overwhelmed by urgent business, afflicted by misfortune, or busy with the king's affairs or festivals, // Brh_1,1.150 //

those engaged in religious duties, at a time of prosperity, the dependent, the fraudulent, the misshapen, the intoxicated, the insane, and the heedless, the king should not summon. // Brh_1,1.151 //

Neither a brother, nor a father, nor a son, nor an agent, who speaks for another in legal disputes, shall be punished for speaking. // Brh_1,1.152 //

A young woman from a good family who has no one to support her, one who has just given birth, a maiden of the highest of all classes—they are known to be represented by their kinsmen. // Brh_1,1.153 //

Having taken into account the time, the place, [?] and the relative importance of the cases, the king should have even those unfit for travel and others summoned slowly by conveyances. // Brh_1,1.154 //

Those women whose families are dependent on them, independent women, and courtesans, those who are outcast from their family and those who are fallen—their summons is desired. // Brh_1,1.155 //

A surety, capable of seeing the matter through to its conclusion, should be taken from both parties. // Brh_1,1.156 //

Even those who have become ascetics in the forest, upon learning of an accusation, the king should summon them in important matters, without causing them anger. // Brh_1,1.157 //

A litigant should restrain a person who does not stand to speak on the matter to be spoken, or who is departing from his statement, until the summons is seen. // Brh_1,1.158 //

Restraint of place, restraint by time, restraint from travel, and from work; restraint is of four kinds; the person restrained should not transgress it. // Brh_1,1.159 //

Fields, gardens, houses, and so on, as well as money, grain, and the like; these things belonging to an unjust litigant may be placed under restraint by the plaintiff. // Brh_1,1.160 //

If the restrainer himself should release his own restraint, there is no fault in transgressing it, and no punishment should be imposed. // Brh_1,1.161 //

After a report has been made to the king, the restrainer should not release it himself; if he does release it, a fine should be imposed, and the restrained person should not transgress it. // Brh_1,1.162 //

In crossing rivers, in wildernesses, in dangerous places, during calamities, and so on, a restrained person who transgresses the restraint of another does not commit an offense. // Brh_1,1.163 //

One wishing to settle, one afflicted by disease, one wishing to perform a sacrifice, one in distress, one accused by another, and one engaged in the king's service. // Brh_1,1.164b //

Herdsmen during the pasturing of cattle, farmers at the start of cultivation, artisans at their work, and soldiers during a battle. // Brh_1,1.165 //

Those who have climbed a tree or a mountain, or are on an elephant, horse, chariot, or boat; all these who are in a difficult position are not to be restrained by those seeking to accomplish their purpose. // Brh_1,1.166 //

He who restrains those not to be restrained by means of obstructing their senses, such as eating and breathing, he is to be punished, not the one who transgresses. // Brh_1,1.167 //

One who is liable to restraint and transgresses it deserves punishment; but one who restrains a person not liable to restraint should be punished by the king; this is the rule. // Brh_1,1.168 //

The king should examine the disputes of litigants who have come, but not those who speak inconsistently, nor those self-initiated, nor those reported by an official. // Brh_1,1.169 //

1.13 The Order of Speaking for the Plaintiff and Defendant

When a plaintiff, being aggrieved, comes of his own accord with a complaint, the prāḍvivāka or an officer should question him gently. // Brh_1,1.170 //

He who, not being authorized to conduct a legal dispute, comes forward unappointed, his statement should not be accepted, unless it is written or sent by a messenger. // Brh_1,1.171 //

When the plaintiff and defendant arrive with mutual rivalry, the case should be taken up in the order of the social classes, or with regard to the grievance. // Brh_1,1.172 //

The insane, the intoxicated, the possessed, those defiled by a great sin, the foolish, the very old, and the child are to be known as incapable of making a reply. // Brh_1,1.173 //

A plaint that is inadmissible has been described, as well as a plaintiff incapable of reply; I shall now describe what kind of plaintiff and what kind of plaint are to be accepted. // Brh_1,1.174 //

What a plaintiff, intent on achieving his own purpose, states with a desire to speak, based on an excess of grievance, is called the plaint. // Brh_1,1.175 //

Chapter 2: The Commencement of a Legal Procedure in Four Parts

The foot of the plaint, the foot of the reply, and likewise the foot of the evidence, and the foot of the decision—thus a legal procedure has four feet. // Brh_1,2.1 //

Denial, confession, a special plea, and a plea of former judgment are declared by the knowers of the sacred treatises to be the four kinds of reply. // Brh_1,2.2 //

In a case of denial and in a special plea, it has four feet; in a plea of former judgment and in a confession, it is known to have two feet. // Brh_1,2.3 //

He who, though prompted by various means, does not give a reply, after seven nights have passed, he is defeated and deserves punishment. // Brh_1,2.4 //

2.1 The Definition of a Plaint

Then, when the defendant has appeared, the plaintiff should frame the plaint: faultless, containing a specific claim, and accompanied by proof and precedent. // Brh_1,2.5 //

He should have written down the country, place, year, month, half-month, day, name, and caste, the amount of property, the interest, the grievance, and the sign of loss. // Brh_1,2.6 //

He should not alter the matter which he has brought in his suit, nor should he shift to another plaint; by shifting, he loses his former case. // Brh_1,2.7 //

2.2 The Faults of a Plaint

A plaint that is unknown, faulty, meaningless, purposeless, impossible to prove, or contradictory, the king should reject. // Brh_1,2.8 //

One that has never been made by anyone is declared to be "unknown"; one that has a different meaning or is devoid of its own meaning is described as "faulty." // Brh_1,2.9 //

A case of slight offense or of small value is remembered as "meaningless"; one that is devoid of any obstruction to one's business is to be known as "purposeless." // Brh_1,2.10 //

A legal dispute devoid of topics such as money-lending is meaningless; and one concerning verbal assault and the like is to be known as purposeless. // Brh_1,2.11 //

"This man must give me a bow made from a hare's horn"; the wise call such a plaint impossible and incapable of being proven. // Brh_1,2.12 //

A plaint which, when stated before the prāḍvivāka and the king, would cause opposition in the city or the kingdom, is called "contradictory." // Brh_1,2.13 //

Those who know plaints call that a true plaint which is free from the faults of a claim, is provable, has a good cause, is definite, and is established by worldly practice. // Brh_1,2.14 //

It should have few words but abundant meaning, be unambiguous, and not confusing, free from contradictory reasons, and refuting any contradiction. // Brh_1,2.15 //

The statement is the claim, and its meaning is the substance of the plaint; in legal disputes, these must be stated by the litigants without confusion. // Brh_1,2.16 //

What was not stated by the first litigant, either from confusion or from cunning, or what is contained within the reply, that may be accepted from both parties. // Brh_1,2.17 //

A plaint that is thus established, after properly considering these and other qualities, is to be accepted; otherwise, it is a defective plaint. // Brh_1,2.18 //

A plaint that is devoid of time and place, and lacking in amount of property, and devoid of provable evidence, is considered inadmissible. // Brh_1,2.19 //

If a false, illogical, unprovable, impossible, or confusing plaint is recorded, the loss of the suit occurs. // Brh_1,2.20 //

He who, having stated an accusation, passes over it and speaks of another, or having stated a course of action, speaks otherwise, [?] that litigant shall suffer defeat. // Brh_1,2.21 //

The plaintiff may amend any deficiency or excess in his plaint, as long as the defendant has not given his reply in the presence of the assessors. // Brh_1,2.22 //

In cases of Brahmin-slaying, drinking liquor, theft, and intercourse with a preceptor's wife, and in other unseemly disputes, a representative is not given. // Brh_1,2.23 //

In cases of homicide, theft, molesting another's wife, eating forbidden food, and in the abduction and violation of a maiden, // Brh_1,2.24 //

in cases of assault, forgery, and likewise in treason against the king, a representative should not be appointed; the perpetrator himself must argue the case. // Brh_1,2.25 //

The eighteen-fold dispute, when presented, should be investigated; there are other topics here, which the king himself should enter into. // Brh_1,2.26 //

Evasion of the sixth-part tax, breach of convention, treasure troves, homicide, abduction, theft, and transgression of a summons or order. // Brh_1,2.27 //

The king or his officer should not initiate a case themselves; he should strike out what is excessive and fill in what is deficient. // Brh_1,2.28 //

He should set it down on the ground until the matter is determined, having been heard, written down, corrected, and deliberated upon. // Brh_1,2.29 //

The prāḍvivāka should then have the plaint, as it was naturally spoken, written down, first as a draft on a board, and then, when corrected, on a leaf. // Brh_1,2.30 //

For those who, after the case has been reported and accepted, reach a settlement among themselves, he should impose a fine on them proportionate to the accusation. // Brh_1,2.31 //

Or any others that are hostile to the city, village, or the great king; all such legal disputes are declared inadmissible. // Brh_1,2.32 //

He should first write a draft on a board or on the ground; having corrected what is deficient or excessive, he should then set it down on a leaf. // Brh_1,2.33 //

When a plaintiff, due to timidity, is not able to speak, time should be granted to him, according to the circumstances and his ability. // Brh_1,2.34 //

If one of the two wishing to dispute is not able to proceed, time should be granted in that case to both the plaintiff and the defendant. // Brh_1,2.35 //

The plaint is fourfold, and likewise the reply; the decision is said to be fourfold, though by some it is remembered as eightfold. // Brh_1,2.36 //

Country, time, and place, as well as the locality, the name of the family, residence, measurement, and the name of the field, // Brh_1,2.37 //

the father and grandfather, and likewise the mention of former kings— in disputes concerning immovable property, one should set down these ten things. // Brh_1,2.38 //

He may obtain a postponement until the next day, or for three days, or even a week, until the mind of one wishing to speak in the dispute is ready. // Brh_1,2.39 //

A case which involves many claims, as determined in legal procedures, the king may indeed accept even that, out of a desire to ascertain the truth. // Brh_1,2.40 //

An accusation based on suspicion, and one based on fact, a claim for a discovered object, and a retrial of a concluded case; the plaint is to be known as fourfold. // Brh_1,2.41 //

Suspicion is declared to be a delusion; the certain sighting of a lost object; a claim for a found object is delusion; and likewise, renewed proceedings in a concluded case. // Brh_1,2.42 //

He who has been cast off by the king, or he who acts with hostility to the citizens, or to the whole kingdom, or likewise to the constituent elements of the state; // Brh_1,2.43 //

or he who does not wish to act justly, or who acts unjustly; the case of one who does not have his plaint thus recorded does not succeed. // Brh_1,2.44 //

Where two contradictory matters are seen to be set down in a single plaint, one should reject that plaint from afar. // Brh_1,2.45 //

1.3 The Reply

When a plaint of this kind has been framed by the plaintiff, the defendant should then give a reply that is connected to that plaint. // Brh_1,3.1 //

When the plaint has been determined and distinguished as admissible or inadmissible, and when the claim has been established and made firm, one should then have the reply written down. // Brh_1,3.2 //

1.3.1 Time Should be Granted to One Who Requests It

When the defendant, due to timidity, fear, or confusion of memory, requests time, he deserves to obtain it. // Brh_1,3.3 //

He may obtain one day, three days, five days, a week, or even a fortnight, a month, four, three, or a year, depending on his ability. // Brh_1,3.4 //

Encompassing the plaint, essential, unambiguous, not confusing, and intelligible without explanation—this, those who know it, know to be a reply. // Brh_1,3.5 //

The reply is fourfold: confession [ṣatmu?], denial, a plea of former judgment, and a special plea. // Brh_1,3.6 //

He who does not give a proper reply to the plaint should be made to confess by means of conciliation and the other methods. // Brh_1,3.7 //

Conciliation is speech preceded by kindness; sowing dissension is showing fear; punishment is the deprivation of property, and likewise beating and imprisonment. // Brh_1,3.8 //

In cases of violence, theft, assault, accusation concerning a cow, and in an emergency, and in land disputes, Bṛhaspati says the case should be tried quickly, even at an improper time. // Brh_1,3.9 //

One who changes his statement, one who is hostile to the proof, one who fails to appear, one who gives no reply, and one who, having been summoned, absconds—the defeated litigant is remembered as fivefold. // Brh_1,3.10 //

In the violation of a maiden, in theft, quarrels, and acts of violence, and in fraud and false testimony, one should try the case immediately. // Brh_1,3.11 //

Concerning a cow or a bull, a field, women, and procreation, as well as a deposit, a loan for use, a gift, and likewise sale and purchase, // Brh_1,3.12 //

In a plea of former judgment and in a special plea, the defendant must furnish the proof; in a denial, the plaintiff must; in a confession, no proof is required. // Brh_1,3.13 //

Where the defendant accepts the plaint without stating a reason, that is to be known as a confession; but a special plea is different. // Brh_1,3.14 //

He who, having denied the whole claim, then admits even a small part of it, that accused person, says Bṛhaspati, shall be made to pay the whole. // Brh_1,3.15 //

In cases of verbal assault and land disputes, one should avoid an ordeal; in matters of sale and purchase, when one party is unwilling to provide proof. // Brh_1,3.16 //

1.3.2 The Four Kinds of Reply

If an accused person makes a denial of the accusation, that is to be known in legal procedure as a reply of denial. // Brh_1,3.17 //

If the defendant, having heard the accusation, admits to it, that is declared by those learned in the treatises to be a confession. // Brh_1,3.18 //

If the defendant, admitting the matter stated by the plaintiff, then states a reason for it, that is indeed a special plea. // Brh_1,3.19 //

If the defendant, admitting the matter stated by the plaintiff, then states a reason, Manu has called this an affirmative defense. // Brh_1,3.20 //

If one who has already been defeated in a legal procedure has the case recorded again, he, having been defeated before, is to be punished; this is called a plea of former judgment. // Brh_1,3.21 //

To a true claim, one should employ a true reply; and to a false one, a written denial; to a claim with a cause, a special plea; and to a former victory, a plea of victory. // Brh_1,3.22 //

A denial arising from fear or a mistake is condemned by those who know the treatises; a true confession is declared to be righteous. // Brh_1,3.23 //

In a plea of former judgment, a truthful plea is praised and declared by the good; the opposite would be unrighteous, and the defendant would suffer defeat. // Brh_1,3.24 //

When the plaintiff and defendant arrive, each wishing to speak first, the case should be taken up in order of social class, or with regard to the grievance. // Brh_1,3.25 //

When the defendant is brought at the same time, in the presence of the assessors, one should then have the reply written down, matching the words of the plaint. // Brh_1,3.26 //

The rule for the defendant in establishing a consistent matter has been stated; now, of the four kinds of reply, that which is admissible is described. // Brh_1,3.27 //

A reply that is different from what was stated, irrelevant, deficient or excessive, inconsistent, devoid of substance, or ambiguous, should not be considered a valid reply. // Brh_1,3.28 //

He who causes fear, or creates dissension, or makes threats, or imposes restraint, that litigant loses his case in the legal procedure. // Brh_1,3.29 //

A priest and other appointed representatives are declared to be equal to the principal; in a sacrifice, the master obtains the merit; in a lawsuit, either loss or victory. // Brh_1,3.30 //

If, after the plaint and reply have been written down, the plaintiff or defendant should die, their son should resolve the legal dispute for them. // Brh_1,3.31 //

If a dispute remains undecided, the king would be deceived; the awarding of victory would not be equal; therefore, he should decide the cases. // Brh_1,3.32 //

He who, having named witnesses, does not make them testify, after thirty nights or three fortnights, his defeat occurs. // Brh_1,3.33 //

One who absconds when summoned, one who remains silent, one defeated by witnesses, and one who confesses by his own words—the defeated litigant is fourfold. // Brh_1,3.34 //

One who absconds is defeated after three fortnights; one who is silent, after seven days; one refuted by witnesses is defeated instantly, as is one who confesses. // Brh_1,3.35 //

Not stating what was reported, non-appearance, and silence on the substance of the plaint are the marks of a defeated litigant. // Brh_1,3.36 //

He who, when accused in court of a great sin, a secondary sin, or a lesser sin, accepts the charge, people know him to be guilty. // Brh_1,3.37 //

Therefore, a wise man should make an effort to clear himself; whatever matter is more serious, that he should clear up first. // Brh_1,3.38 //

He who, being accused of a great sin, wishes to escape from the lesser sin, has thereby admitted the former; he is defeated and deserves punishment. // Brh_1,3.39 //

When an appearance has been fixed for a customary procedure or an ordeal, if someone does not appear, one should not employ trickery there. // Brh_1,3.40 //

If at that time there should be a fault caused by divine or royal action, he shall not be defeated merely by his failure to appear. // Brh_1,3.41 //

When the plaint and reply have been set down and the investigation has begun, those who reach a settlement among themselves shall be made to pay a double fine. // Brh_1,3.42 //

When the substance of the plaint and reply has been written and the decision process has begun, a settlement between the two heated parties may occur, like that of two pieces of iron. // Brh_1,3.43 //

1.3.3 The Consideration of a Settlement

A disagreement between witnesses and assessors may arise for both parties; for them, when they are wavering like a swing, a settlement should be made by wise men. // Brh_1,3.44 //

Where there is an equality of evidence or a conflict between the sacred treatises and custom, there a settlement by the king's order is recommended for both parties. // Brh_1,3.45 //

Where dharma is doubtful and the legal procedure rests with the king, a settlement should be made there, like that of two heated pieces of iron. // Brh_1,3.46 //

A settlement should then be made on equal terms; an unequal one is invalid. By an equitable settlement, the king obtains dharma, wealth, and fame; the witnesses and assessors are not troubled, and enmity ceases. // Brh_1,3.47 //

From conflict arise for men punishment and favor, penalty, dharma, fame and infamy, and likewise renewed fault. // Brh_1,3.48 //

Therefore, what the heads of families, guilds, and corporations, who know dharma and are impartial, and are free from hatred and greed, say, that should be done by a discerning person. // Brh_1,3.49 //

1.4 The Section on Proof

When the reply has been corrected, written down properly, and declared faultless, proof is then required from the defendant or the plaintiff, depending on the reason. // Brh_1,4.1 //

For those who stand by their plea, the determination is made by the assessors; after stating the reply properly, it should be given to one of the litigants. // Brh_1,4.2 //

1.4.1 The Relative Strength of the Means of Proof

The plaintiff must prove his claim, and the defendant his special plea; a litigant pleading a former judgment should prove his victory with a document of victory. // Brh_1,4.3 //

What the plaintiff has written down word for word in the first foot [of the lawsuit], he must establish in the third foot by means of proof. // Brh_1,4.4 //

He whose burden of proof has been indicated by the assessors after hearing the plaint and reply, must prove his entire claim by written documents and other means. // Brh_1,4.5 //

Proof is said to be of two kinds: human and divine; each is divided into many kinds by the sages who know the truth. // Brh_1,4.6 //

Witnesses, documents, and possession are remembered as the three kinds of human proof; divine proof is of nine kinds, from the balance ordeal to the dharma ordeal. // Brh_1,4.7 //

Witnesses, documents, and inference are the three kinds of human proof; witnesses are of twelve kinds, and documents are remembered as eightfold. // Brh_1,4.8 //

Inference is said to be of three kinds, and divine proof of nine kinds; in the first or third type of reply, the proof is divine or human. // Brh_1,4.9 //

In the fourth type of reply, there should be witnesses and a document of victory. In cases of debt and the like, one should employ human proof. // Brh_1,4.10 //

In a plea of former judgment and in a special plea, the defendant must prove his own case; in a reply of denial, the plaintiff must prove the substance of his claim. // Brh_1,4.11 //

Divine proof is not prescribed when witnesses are available; and when a document exists in disputes, there should be neither an ordeal nor witnesses. // Brh_1,4.12 //

In verbal assault and land disputes, divine proof is forbidden; it should be carefully applied in all four kinds of violent crimes. // Brh_1,4.13 //

In treason against the king and in violent crime, one should employ divine proof. // Brh_1,4.14 //

One who forges or steals gems, pearls, and coral, a violent man, and one who molests another's wife should always be tested by oaths. // Brh_1,4.15 //

In accusations of great sins and in the theft of a deposit, the king should examine the case by ordeals, even if witnesses exist. // Brh_1,4.16 //

If doubt arises in a written document or in the testimony of witnesses, and when inference is confused, an ordeal is the means of clarification there. // Brh_1,4.17 //

In a dispute that has arisen concerning gambling and dueling, witnesses are said to be the means of proof, not an ordeal or a document. // Brh_1,4.18 //

The king should have the decision made by those means that are available. In a case of violence that has begun, in verbal and physical assault, and in matters arising from force, witnesses and ordeals are the means. // Brh_1,4.19 //

In a debt, a document, witnesses, or a particle of reasoning and the like, or divine proof is prescribed, for the welfare of the people. // Brh_1,4.20 //

In a matter done long ago and in secret, when witnesses have long since perished, and when inference is corrupted, one should clarify the case by ordeals. // Brh_1,4.21 //

1.5 Witnesses

There should be nine, seven, or five, or four, or three, or two renowned Brahmins learned in the Veda; one should never question a single one. // Brh_1,5.1 //

A gambler, one who seizes a stake, and one involved in the case, a king, and a chief judge may be a single valid witness. // Brh_1,5.2 //

Thieves, violent men, eunuchs, gamblers, and informers— they are not witnesses due to their wickedness; testimony is not found in them. // Brh_1,5.3 //

1.5.1 The Different Kinds of Witnesses

A subscribed witness, a recorded witness, a concealed witness, a reminded witness, a kinsman, a messenger, a chance witness, a secondary witness, and another who was present at the transaction, // Brh_1,5.4 //

a king, a chief judge, and the village—the witness is remembered as twelvefold. I shall now declare their distinctions in due order. // Brh_1,5.5 //

He by whom his caste, name, and so on, and his own and his father's name are written, and his residence, is to be known as a subscribed witness. // Brh_1,5.6 //

He who is made to write down in his own presence a debt and other transactions by the plaintiff through various means, is called a recorded witness. // Brh_1,5.7 //

He who, concealed by a wall, is made to hear a statement about a debt, and who, when it is denied, relates it as it happened, is called a concealed witness. // Brh_1,5.8 //

He who is called and made a witness in transactions of debt, deposit, and the like, and who is reminded of it again and again, is called a reminded witness. // Brh_1,5.9 //

A kinsman who is employed in a partition, gift, or sale, who is impartial to both parties and knows dharma, is declared to be a family witness. // Brh_1,5.10 //

He who is sent to hear the words of the plaintiff and defendant, and is a good man agreeable to both, is called a messenger witness. // Brh_1,5.11 //

He who, while a transaction is being carried out, happens to arrive of his own accord, and is told, "Be a witness for us in this matter," is a chance witness. // Brh_1,5.12 //

Where a witness is going to a foreign country or is about to die, in due course, and he makes another hear the matter, that one should be known as a secondary witness. // Brh_1,5.13 //

He who hears the testimony of witnesses testifying one after another, from hearing upon hearing, he is called a secondary witness. // Brh_1,5.14 //

He who is trusted by both parties and to whom the matter has been communicated, he is to be known as a secret-keeper, and likewise one present at the transaction. // Brh_1,5.15 //

Whatever is heard by the king himself from the words of the plaintiff and defendant, he himself shall be the witness there, if there is a contradiction between the two. // Brh_1,5.16 //

When a lawsuit has been decided, and a retrial then occurs, the chief judge, together with the assessors, shall be the witness there, and no other. // Brh_1,5.17 //

Where a boundary has been inhabited or concealed on all sides, the village, even if it has been cut off, shall be the witness there, without a doubt. // Brh_1,5.18 //

Two subscribed witnesses, and likewise concealed witnesses; three, four, or five recorded witnesses; chance, reminded, and kinsman witnesses, and likewise secondary witnesses. // Brh_1,5.19 //

A messenger, one who seizes a stake, and one present at the transaction, a king, and a chief judge may be a single valid witness. // Brh_1,5.20 //

1.5.2 The Statement of Faults in Witnesses and the Punishment of the Wicked

He who impeaches the witnesses named for the case with a fault, that litigant, if he impeaches an unimpeachable witness, deserves the same punishment. // Brh_1,5.21 //

Whatever faults there are in a document, and whatever are remembered for witnesses, must be stated at the time of the dispute; if stated afterwards, they do not invalidate. // Brh_1,5.22 //

Faults of witnesses must be put forward in court by the defendant; having written them all on a document, the reply should then be stated. // Brh_1,5.23 //

In a confession, they are never eligible to be witnesses; otherwise, they must be established by the defendant during the proof stage. // Brh_1,5.24 //

If he fails to establish the fault, the defendant shall be made to pay a fine clearly by the witness; if the faults are established, all the witnesses are disqualified from the duty of a witness. // Brh_1,5.25 //

In the proving of a witness's fault by the defendant or the plaintiff, it is not a separate lawsuit, as it is useful to the matter at hand. // Brh_1,5.26 //

He who is defeated shall be made to pay a fine according to the rule seen in the treatises, if the plaintiff has no further claim and the witness is established in the truth. // Brh_1,5.27 //

He who, after the matter has been stated, impeaches witnesses not previously impeached, and does not state the reason for it, shall incur the first amercement. // Brh_1,5.28 //

He whose document or witnesses have been invalidated in a dispute, his case should not be investigated until he has cleared that matter. // Brh_1,5.29 //

He who, after the decision has begun with the testimony given by the witnesses and assessors, raises a new dispute, the king shall investigate that. // Brh_1,5.30 //

In the case of impeaching witnesses, the first task is the clearing of the witnesses; after the witnesses have been cleared, the case should then be investigated. // Brh_1,5.31 //

They should be admonished by the assessors, who know the meaning of the treatises on dharma, with words of praise for truth and condemnation of falsehood. // Brh_1,5.32 //

Whatever merit you have acquired from your birth until your death, all that comes to ruin from bearing false witness. // Brh_1,5.33 //

A false assessor, a false witness, and a Brahmin-slayer are remembered as equal; a slayer of an embryo and a betrayer of a friend are not declared to be worse than these. // Brh_1,5.34 //

A witness who knows this should then speak according to the truth; by this he obtains fame here and a good state in the next world. // Brh_1,5.35 //

There are men who, out of greed, would state a matter otherwise; and there are other wicked men who are forgers of documents. // Brh_1,5.36 //

The witnesses who are to be questioned and the base men who are to be excluded, I shall now describe them as prompted by the sacred treatises. // Brh_1,5.37 //

Those engaged in rites prescribed by the Veda and Smṛti, free from greed and hatred, of good family, irreproachable, and endowed with austerity, charity, and compassion, are witnesses. // Brh_1,5.38 //

1.5.3 Incompetent Witnesses

The father of one's mother, a paternal uncle, the brother and mother of one's wife, a brother, a friend, and a son-in-law are incompetent as witnesses in all disputes. // Brh_1,5.39 //

Those addicted to another's wife or to drink, gamblers, those previously convicted, the insane, the afflicted, the violent, and atheists are not witnesses. // Brh_1,5.40 //

Even good men cannot be witnesses when the owner of the wealth is dead, except those who were made to hear by the dying man himself when near death. // Brh_1,5.41 //

Leaving aside his shoes and turban, he should raise his right hand; holding gold, cow-dung, and sacred grass, he should speak the truth. // Brh_1,5.42 //

Those who have appeared should be examined by their voice, complexion, gestures, and so on. One may save a Brahmin who has erred once through carelessness, is in distress, or afflicted, or is being killed by soldiers and others, even by speaking untruths. // Brh_1,5.43 //

He whose entire claim has been described by the witnesses, he shall be the victor; otherwise, he shall not obtain the object of his suit. // Brh_1,5.44 //

A witness who, having been summoned, does not come, being free from illness, shall be made to pay the debt and a fine, after three fortnights have passed. // Brh_1,5.45 //

1.5.4 The Consideration of the Relative Strength and Weakness of Testimony

In a conflict of witnesses, the more numerous should be accepted; if they are equal in number, those with good qualities; in a conflict of those with good qualities, those engaged in religious acts; if they are equal, the more honest. // Brh_1,5.46 //

Witnesses who, though unasked, speak the truth, or who do not answer a question, should be restrained, are reprehensible, and should be punished according to dharma. // Brh_1,5.47 //

If it is stated without deficiency in respect to country, time, age, object, name, caste, and measure, one should declare the suit to be proven. // Brh_1,5.48 //

Where there is a contradiction regarding country, time, age, object, measure, appearance, or caste, that testimony is invalid. // Brh_1,5.49 //

If a witness, having come to give testimony on the specified matters, does not speak in exact conformity with the words, it is not considered to be stated. // Brh_1,5.50 //

He must prove the entire claim as stated in the plaint; where something less or more is stated, it is not considered to be stated. // Brh_1,5.51 //

Where witnesses state the matter with deficiency or excess, that is to be known as an unstated matter; this is the rule for witnesses. // Brh_1,5.52 //

When a part of the object of the suit is stated by the witnesses, it becomes the whole, in cases of sexual relations, violence, and theft, whatever is claimed as the object of the suit. // Brh_1,5.53 //

Where there is a deficiency or excess, the testimony should be rejected there; the witness should not be punished there, but if he does not speak, he deserves punishment. // Brh_1,5.54 //

1.6 The Document

The determination of the number and characteristics of witnesses has been stated; I shall now declare the rules for the document in due order. // Brh_1,6.1 //

Because confusion arises over time even in matters of debt and the like, the Creator of old created letters, set down on a leaf. // Brh_1,6.2 //

1.6.1 The Characteristics of a Document

A document is called that which contains the custom of the country, the year, month, fortnight, and so on, the interest, and the signature of the debtor, witnesses, and scribe. // Brh_1,6.3 //

1.6.2 The Different Kinds of Documents

A royal document, one made at a specific place, and one written in one's own hand; the document is said to be of three kinds, and it is further divided in many ways. // Brh_1,6.4 //

Through partition, gift, sale, pledge, compact, servitude, debt, and so on, the worldly document is of seven kinds; the royal charter is of three kinds. // Brh_1,6.5 //

A partition deed is that which is made for the determination of shares; when a boundary dispute is settled, it is remembered as a boundary deed. // Brh_1,6.6 //

A deed of gift, a partition deed, and likewise a boundary deed, a deed of sale, a bond of servitude, and then a mortgage deed. // Brh_1,6.7 //

A compact, a loan document, and a document of victory; and likewise a treaty—these are of many kinds due to the difference in transactions. // Brh_1,6.8 //

For the purpose of a pledge, there is a mortgage deed; for the purpose of servitude, a bond of servitude. // Brh_1,6.9 //

What is made by a village, guild, corporation, and so on, for the attainment of a desired object, not in conflict with the sacred treatises and for the sake of dharma, is a compact. // Brh_1,6.10 //

Brothers who have partitioned among themselves by their own choice, when they make a document of partition, that is called a partition deed. // Brh_1,6.11 //

He who, having given land, makes a document to last as long as the moon and sun, not to be alienated or taken away, they know that as a deed of gift. // Brh_1,6.12 //

Having purchased a house, field, or the like, a document containing the equivalent price and letters, which one has made, that is called a deed of sale. // Brh_1,6.13 //

Having given a movable or immovable thing as a pledge, the document which one makes, containing the conditions of custody and enjoyment, is remembered as a mortgage deed. // Brh_1,6.14 //

Whatever agreement a village or a country makes among themselves, not in opposition to the king and for the sake of dharma, they call that a compact. // Brh_1,6.15 //

He who, destitute of clothes and food in a wilderness, makes a written statement, "I will do your work," that is desired to be a bond of servitude. // Brh_1,6.16 //

Having taken money at interest, one who makes or has made a document himself, that is called a loan document or a debt instrument by the wise. // Brh_1,6.17 //

For the established custom of corporations, guilds, and so on, the means of proof for it is a document, not an ordeal or witnesses. // Brh_1,6.18 //

What is made for the establishment of the custom of corporations, guilds, and the like, is called a document of convention by those who know the Smṛtis of Manu and others. // Brh_1,6.19 //

1.6.3 The King's Charter of Gift

Having given land and so on, the king should have a charter of dharma made on a copper plate or on cloth, containing the place, lineage, and so on. // Brh_1,6.20 //

"For the merit of my mother and father and of myself, to the son of so-and-so, a gift has been given by me today to so-and-so, a fellow student of the Veda. // Brh_1,6.21 //

Not to be alienated, not to be taken away, free from all future obligations, lasting as long as the moon and sun, and descending to sons and grandsons in succession." // Brh_1,6.22 //

He should write the fruit of the grant and its revocation: heaven for the giver and protector, and hell for the usurper, for sixty thousand years. // Brh_1,6.23 //

Containing the year, month, and so on, and the signature of the treasurer, and written "Known by me" by the minister for peace and war. // Brh_1,6.24 //

A charter made by the king in this manner is so called.

1.6.4 The Document of Favor

When the king gives a written document concerning a country and so on, pleased by service, bravery, and the like, that is a document of favor.

1.6.5 The Document of Victory

When the king, at the end of the plaint, reply, proof, and decision, gives a document to the victor, that is called a document of victory. // Brh_1,6.26 //

Whatever happened in the legal dispute, the plaint, reply, and so on, containing the proof and the final decision, the document of victory should record it all. // Brh_1,6.27 //

One should prove the object of the suit, which has four feet, in a victory; and furnished with the royal seal, it is desired to be a document of victory. // Brh_1,6.28 //

It is given to the others [the victors] over those defeated by changing their statement and so on; that which is established by a recital of the proceedings shall be a document of victory. // Brh_1,6.29 //

1.6.6 Flaws in a Document

A document made by one who is dying, defeated, deprived of his property, insane, distressed by calamity, or under the influence of poison, fraud, or force, does not succeed. // Brh_1,6.30 //

Where a single impeached or reprehensible witness is set down, or the scribe is likewise of such a kind, he [Bṛhaspati] has called that a forged document. // Brh_1,6.31 //

A document that is bright though made long ago, or dirty though made a short time ago, or is broken or has indistinct letters, attains the state of a forgery. // Brh_1,6.32 //

Just as a reflection in a mirror, though unreal, appears as real, so skilled persons make copies of documents. // Brh_1,6.33 //

By truthfulness, it is a proof; by a flaw, it is an invalidation. When a document thus flawed is examined in the king's court, // Brh_1,6.34 //

having deliberated with Brahmins, he should determine the fault of the speaker. // Brh_1,6.35 //

That by which the witnesses, scribe, and maker become forgers, by that the document becomes flawed; with pure ones, he should declare it pure. // Brh_1,6.36 //

If a debtor denies his own signature written on a document, [it should be proved] by the words of the witnesses on the document and by the opinion of the scribe. // Brh_1,6.37 //

Where letters are displaced, out of alignment, doubtful, or have lost their characteristics, when letters are situated thus, the document is flawed, says Bhṛgu. // Brh_1,6.38 //

The bringer of the document should redeem it, but his son should redeem it only through possession; if the accused has died, his son should redeem it. // Brh_1,6.39 //

Knowing the matter, country, and time, skilled forgers make a similar document; one should investigate it with care. // Brh_1,6.40 //

Some skilled persons write a document like a picture; therefore, success is not considered to be absolute from the power of a document alone. // Brh_1,6.41 //

Women, children, the afflicted, and those who do not know the script are deceived by their own kinsmen, who make a document with their own signature; this should be known through reasoning and evidence. // Brh_1,6.42 //

When confusion arises concerning these three kinds of documents, one should then clarify it by the statements of the debtor, witnesses, and scribe. // Brh_1,6.43 //

From the effort, from the taking of the proceeds, from the pledge, from the collection of the fruit, and from the wealth of the opponent, it should be known where fraud has been committed. // Brh_1,6.44 //

A document that is shown from time to time, read out, and reminded of, succeeds everywhere, even when the witnesses are dead. // Brh_1,6.45 //

Where the power of the letters is destroyed by the speakers, there would be a total loss of legal proceedings and a state of instability would arise. // Brh_1,6.46 //

A document that has passed thirty years and has not been seen or read out, does not attain validity, even if the witnesses are alive. // Brh_1,6.47 //

He who, when the interest has ceased to accrue on a loan, does not show the document, and does not ask the debtor for it, that document becomes doubtful. // Brh_1,6.48 //

A document of families, guilds, corporations, and so on, when shown at the proper time, and read out and reminded of, would thus be more powerful. // Brh_1,6.49 //

He should punish the faulty former assessors along with the victor. // Brh_1,9.24 //

And a punishment proportionate to the offense is devised here.

When one is defeated by witnesses, a document, inference, or properly by an ordeal, // Brh_1,9.25 //

who does not pay the fine due, he should be banished from that city. // Brh_1,9.26 //

For a Brahmin, branding on the forehead; no other punishment is prescribed. Even if guilty of a great sin, a Brahmin does not deserve death. The king should perform banishment, branding, and shaving of the head. // Brh_1,9.27 //

All that is done by him concerning profit, loss, expenditure, and income is authoritative; whether at home or abroad, he should not act independently in contradiction. // Brh_1,9.28 //

He who is appointed by his master for the management of wealth and income in money-lending, agriculture, and trade, is remembered as an entrusted agent. // Brh_1,9.29 //

The king must carefully undertake the investigation of a doubtful matter; three parties gain thereby, while a loss occurs for one. // Brh_1,9.30 //

The victor obtains wealth and honor; the vanquished, correction and restraint. The king obtains victory, a gift, and a fine; the assessors obtain merit. // Brh_1,9.31 //

A king who thus carries out the enforcement of a decision as declared in the sacred treatises, spreads his fame here in the world and becomes like Indra. // Brh_1,9.32 //

A king who makes a decision in a case by means of witnesses, a document, and inference, spreads his fame here and obtains the world of the Sun. // Brh_1,9.33 //

When a king thus knows a decision to be like a sacrifice, he, having obtained fame in this world, goes to the same world as Śakra. // Brh_1,9.34 //

1.10 The Recovery of Debt

This legal procedure, together with its parts and divisions, has been declared; Now hear the topics of dispute, which are its feet. // Brh_1,10.1 //

Beginning with the recovery of debt and ending with gambling with dice, I shall declare them in order, and their different procedures in truth. // Brh_1,10.2 //

What debt is to be paid and not to be paid, by whom, where, and how; and the laws of giving and taking—this is remembered as the Recovery of Debt. // Brh_1,10.3 //

1.10.1 The Consideration of Interest

The eightieth part should be the interest month by month when there is a pledge; otherwise, it is two, three, four, or five percent according to the order of the classes. // Brh_1,10.4 //

Having taken a full pledge or a mortgage with a good surety, a creditor should always give a loan that is recorded in a document or has witnesses. // Brh_1,10.5 //

From a wicked or distressed person, it is taken without hesitation; fourfold or eightfold, it is therefore known as a usurious loan. // Brh_1,10.6 //

A pana on an old coin ... .... .... // Brh_1,10.7 //

1.10.2 The Different Kinds of Interest

Interest is said to be of four kinds, declared as fivefold by others, and described as sixfold by others; know them in their true nature. // Brh_1,10.8 //

Bodily interest, periodical interest, and then compound interest, stipulated interest, crest-interest, and likewise interest from enjoyment. // Brh_1,10.9 //

Bodily interest is connected with labor; periodical interest is to be taken monthly; compound interest is interest on interest; stipulated interest is that made by the debtor. // Brh_1,10.10 //

That which is taken daily is remembered as crest-interest; it grows constantly like a crest and ceases on the cutting of the head. // Brh_1,10.11 //

That higher interest which is agreed upon by the debtor, made in a time of distress, that stipulated interest must always be paid. Otherwise, a stipulated interest should not be paid under any circumstances. // Brh_1,10.12 //

It grows constantly like a crest and ceases on the cutting of the head; when the principal is paid, it likewise ceases; therefore, it is remembered as crest-interest. // Brh_1,10.13 //

The rent from a house, the produce from a field, is declared to be interest from enjoyment. // Brh_1,10.14 //

Bodily interest, interest from enjoyment, stipulated interest, and crest-interest— they call this a fourfold interest, and with compound interest, a fifth. // Brh_1,10.15 //

Crest-interest, bodily interest, and likewise interest from enjoyment, a creditor may take these as long as the principal is not cleared. // Brh_1,10.16 //

1.10.3 Interest on Gold, Grain, and Other Things

On gold, the interest is double; on cloth and base metals, triple; on grain, it is said to be fourfold, and likewise on produce, beasts of burden, and wool. // Brh_1,10.17 //

Fivefold is stated for vegetables; for seeds and sugarcane, sixfold is remembered. On salt, liquids, and liquor, the interest is considered eightfold. It is also stated for molasses and honey when lent for a long time. // Brh_1,10.18 //

For all oils, liquors, honey, and ghee, an eightfold interest is declared, and for molasses and salt. // Brh_1,10.19 //

For silks, it should be fivefold; for cotton, fourfold. For woods such as sandalwood, the interest should be eightfold. // Brh_1,10.20 //

When a share above double is taken, and compound interest is charged, and when the principal with interest is full, that is condemned as usury. // Brh_1,10.21 //

The eightieth part should increase until the profit reaches double; when lent for seven years, it becomes less by a third, without a doubt. // Brh_1,10.22 //

For grass, wood, bricks, thread, ferment, leather, bone, and armor, and for weapons, flowers, and fruits, the interest does not cease. // Brh_1,10.23 //

For gold, grain, and cloth, the interest is double, triple, and fourfold. For ghee, the interest is eightfold; for copper and other metals, fourfold. // Brh_1,10.24 //

Crest-interest, bodily interest, and likewise interest from enjoyment, a creditor may take these as long as the principal is not cleared. // Brh_1,10.25 //

For others, by an increase of a quarter in order. // Brh_1,10.26 //

In all disputes concerning wealth, one does not lose through a slip of the tongue. In cases of another's wife, land, and recovery of debt, though punishable, one is not deprived of the object. Interest should always be taken up to the amount of the principal; an amount beyond that ceases. // Brh_1,10.27 //

1.10.4 The Increase of Wealth

Hear the interest on a usurious loan, as stated in the words of Vasiṣṭha: five māṣas on twenty; thus dharma is not violated. // Brh_1,10.28 //

A māṣa is declared to be the twentieth part of a pala. // Brh_1,10.29 //

Whatever man shows neglect in this matter, a fine of four suvarṇas or six niṣkas is prescribed for him. // Brh_1,10.30 //

For the accomplishment of a collective task and for an audience with the king and others, whatever is obtained from that is equal for all. // Brh_1,10.3_1 //

Likewise in matters of succession and so on, this is their eternal dharma; what is obtained or protected by effort, or a debt incurred for the sake of the group. // Brh_1,10.32 //

1.10.5 Interest Not Stipulated

He who, though in his own country, does not pay when asked repeatedly, he shall incur a stipulated interest there, even if unwilling[?]. // Brh_1,10.33 //

It should be divided every six months or monthly, according to shares, or paid to the poor, the old, the afflicted, women, children, the distressed, and the sick. // Brh_1,10.34 //

After three seasons, the money shall accrue interest. In these and similar cases, an interest of the eightieth part is intended. // Brh_1,10.35 //

What is not paid, the creditor should receive a share of the principal. When it exceeds double, and for periodical interest and the like, the king, with those who know the truth of law and disputes, should then decide. // Brh_1,10.36 //

1.10.6 The Pledge

A pledge is enjoyed as long as that debt is not paid. // Brh_1,10.37 //

A pledge is called a mortgage; it is said to be of four kinds: movable and immovable, and likewise for custody and for use. // Brh_1,10.38 //

By chance, for a fixed period, recorded in a document, or with witnesses. When the interest has not ceased on a debt, and likewise when the period is complete, the creditor... // Brh_1,10.39 //

He who enjoys a pledge out of greed, that shall not be a profit again. It should be protected like a deposit; if it is lost, the interest perishes. // Brh_1,10.40 //

And if the pledge perishes through an act of god or the king, he should make him pay for another pledge, or give the money with interest. // Brh_1,10.41 //

What is due on a pledge in hand, by a trick or by custom, if the object is not given, the entire pledge cannot be made to be paid against one's will. // Brh_1,10.42 //

If it is enjoyed and becomes worthless, a loss of the principal occurs. If a thing of great value is destroyed there, he should satisfy the debtor. // Brh_1,10.43 //

When one field is given as a pledge to two persons at the same time, he who enjoyed it first shall obtain its validity. // Brh_1,10.44 //

For two who appear at the same time, it shall be equal for both. In a gift and in a sale, that same rule is declared. // Brh_1,10.45 //

When a mortgage, sale, or gift is made by means of witnesses and a document, and bound by a single transaction, the document there is the prevailing one. // Brh_1,10.46 //

What is unspecified and what is specified in one place and particularized, what is written with particulars is stronger, thus Kātyāyana has said. // Brh_1,10.47 //

When gold has doubled and the time has expired on a pledge with a fixed term, the creditor becomes the owner of the pledge after waiting for two weeks. // Brh_1,10.48 //

Within that time, the debtor, by paying the money, may get back the pledge. When the term is complete and the interest has ceased, the creditor then becomes the owner of the pledge. If ten days have not passed, the debtor is entitled to redeem it. // Brh_1,10.49 //

A pledge for custody, when the debt has doubled and the term has expired according to rule, after announcing it to the debtor's family, may be enjoyed immediately. // Brh_1,10.50 //

When the gold has doubled and the debtor has died, having taken his property, one should sell it with witnesses. // Brh_1,10.51 //

Or one should keep it for ten days in a public assembly, having fixed its price. Having taken what is proportionate to the debt, one should return the rest. // Brh_1,10.52 //

He who does not enjoy his own pledge, nor takes it, nor declares it, if the witness and debtor are dead, his document is worthless. // Brh_1,10.53 //

A house, a garden, a shop, grain, cattle, women, and vehicles, perish through neglect and likewise become worthless. // Brh_1,10.54 //

Having secured his own property with men skilled in calculation, and having it known to his kinsmen and relatives, he who takes it does not commit an offense. // Brh_1,10.55 //

The eighteen-fold dispute, distinguished by plaint and reply, has been explained; now understand the different kinds of procedure. // Brh_1,10.56 //

A procedure that was made before must be observed in the same way; where it is done otherwise, a change of procedure then occurs. // Brh_1,10.57 //

When a creditor or debtor, having abandoned a former transaction, makes one that is less, more, or equal, that is called a change of procedure. // Brh_1,10.58 //

He who, having taken a loan at two percent, agrees to five percent, the latter agreement shall be the authority there, for that is what was decided last. // Brh_1,10.59 //

A gift or a sale that is made by a non-owner, that is to be known as not made, according to the state of the legal procedure. // Brh_1,10.60 //

By a subsequent pledge, a prior pledge becomes weak. The later transaction is more powerful than the former. // Brh_1,10.61 //

He who, having made a deposit, then makes a pledge elsewhere, or having made a pledge, makes another, or a sale, the later transaction is more powerful there. // Brh_1,10.62 //

If a sale, pledge, and acceptance are made on the same day, and the matter is doubtful for all three, how is the investigation to be made there? // Brh_1,10.63 //

The three shall divide the proof according to their shares. Both shall share according to the value, and the recipient by a third part. // Brh_1,10.64 //

If it is cultivated by agreement, then the creditor is not entitled to the money. And the debtor shall not get the pledge without mutual consent. // Brh_1,10.65 //

When the debtor, having paid the principal money, requests the pledge, it must be released to him at that very time; otherwise, the creditor is at fault. // Brh_1,10.66 //

When a field and so on has been enjoyed, and more has been produced from it, if the principal and interest have been covered, the debtor shall get back the pledge. // Brh_1,10.67 //

When the lender is absent, one may get back the pledge by depositing the principal. When the debtor gives a field after defining it, then it is certain that it must be released when the interest on the debt has ceased. // Brh_1,10.68 //

"The pledge with the accrued interest on the property must be given by you to me." This rule for a usurious pledge is declared to be righteous. // Brh_1,10.69 //

Where a house or field of greater value is given for enjoyment with cultivation, there the debtor shall get back the pledge, and the creditor the debt. // Brh_1,10.70 //

When the cultivation is complete, equality between the two is declared. If it is incomplete, they should act by mutual consent. // Brh_1,10.71 //

If it is cultivated, then the creditor is not entitled to the money. The debtor does not get the pledge without mutual consent. // Brh_1,10.72 //

1.10.7 The Surety

For appearance, for confidence, for payment, and likewise for the delivery of the debtor's property, the surety is seen in the treatises by the wise to be of four kinds. // Brh_1,10.73 //

One says, "I will produce him"; another says, "This man is honest"; another says, "I will pay this money"; another, "I will deliver it." // Brh_1,10.74 //

A surety for appearance must produce the person at the specified place and time; or he must pay the amount agreed upon, except in a case caused by an act of god or the king. // Brh_1,10.75 //

The creditor should grant time to the surety for searching for the lost person, a fortnight, a month, or even a month and a half, according to the country and the distance. // Brh_1,10.76 //

Whatever man stands as a surety for another for appearance, if he does not produce him, he shall pay the debt from his own property. // Brh_1,10.77 //

The first two, if they fail, must be made to pay the money specified at that time. The latter two, in case of default, and in their absence, their sons likewise. // Brh_1,10.78 //

A master, an enemy, one under restraint, an official, one punished, one in doubt, an heir, a friend [mitra], a pupil [antevāsi], one in the king's service, one free from passion, one under a vow, the poor, a child, the old, a woman, and the sick are not sureties. // Brh_1,10.79 //

In case of the death of the person to be produced, another surety for the person to be produced must be furnished. // Brh_1,10.80 //

Even a son must pay the entire paternal debt equally. // Brh_1,10.81 //

He who, having acted as a surety, pays the debt when pressed, is entitled to receive that amount doubled after three fortnights. // Brh_1,10.82 //

If, out of honesty, men of weak intellect pay a debt without being proven liable, they shall not recover it in any way from him for whom they paid it. // Brh_1,10.83 //

They should not be pressed too hard; they should be made to pay the debt slowly. They should not be employed in their own testimony; this is the rule for sureties. // Brh_1,10.84 //

When the debtor is lost or dead, the creditor should show the document, and have a document of place made, containing the time and period. // Brh_1,10.85 //

The money which a surety has paid without being asked by the debtor, that amount, doubled, is not to be paid back to the surety by the debtor. // Brh_1,10.86 //

A debt that has been admitted should be made to be paid by means of dharma, stratagem, force, and confinement to the house, and by the methods of conciliation and so on. By means of dharma, stratagem, force, and confinement to the house. // Brh_1,10.87 //

By friends, relatives, and messengers, by gentle words and by following, the debtor should generally be made to pay the creditor; this is declared to be the dharma. // Brh_1,10.88 //

A Brahmin who is impoverished should be made to pay slowly, according to his income. // Brh_1,10.89 //

When a creditor, having brought the money from the debtor by a trick, or having taken a deposit and so on, is made to pay, that is stratagem. // Brh_1,10.90 //

When a debtor is brought to one's own house and made to pay by means of beating and other methods, that is called force. // Brh_1,10.91 //

A debtor may also satisfy the creditor by labor; one of equal or lower caste should pay; a superior one should pay it slowly. // Brh_1,10.92 //

An impoverished man of a lower caste should be made to work for the debt. A Brahmin who is impoverished should be made to pay slowly, according to his income. // Brh_1,10.93 //

When a debtor is made to pay his debt by binding his wife, son, or cattle, and by sitting at his door, that is called customary procedure. // Brh_1,10.94 //

This is the rule for one who has admitted the debt; but one who denies it in court is made to pay after it has been proved by a document or by witnesses. // Brh_1,10.95 //

"What is justly to be paid, that I will pay." Where a debtor speaks thus, he is called a procedural defendant. // Brh_1,10.96 //

A procedural defendant should not be restrained in any way in a doubtful matter. One who restrains a person not to be restrained is punishable according to dharma. // Brh_1,10.97 //

Where there is confusion for both parties regarding the form, number, and profit, or regarding what is to be paid and not to be paid, that is called a doubtful matter. // Brh_1,10.98 //

When the period is complete and the interest has ceased, the creditor should collect the debt, or the debtor should hold a document with an arrangement for compound interest. // Brh_1,10.99 //

When compound interest is taken above the doubled amount, the interest from enjoyment there becomes the principal with interest for men. // Brh_1,10.100 //

He who proceeds in a doubtful matter without informing the king, he should be punished for using force, and that object is not achieved. // Brh_1,10.101 //

A debt taken from another's hand by the rule of usury, by whom, where, and how it is to be paid, and what is not to be paid, is now stated. // Brh_1,10.102 //

A debt taken for a short time should be paid on demand; when the period is complete and the interest has ceased, and in the absence of the father, by his sons. // Brh_1,10.103 //

If an ascetic or a keeper of the sacred fire dies with a debt, his austerity and his sacred fire all become the property of the creditor. // Brh_1,10.104 //

A debtor without wealth should be brought to one's house and made to work. A Brahmin who is a liquor-seller and so on should be made to pay slowly. // Brh_1,10.105 //

Among the taker of wealth, the taker of the wife, and the sons, the liability for debt falls on each succeeding one in the absence of the preceding. // Brh_1,10.106 //

In their absence, it falls in order on the other heirs. // Brh_1,10.107 //

1.10.8 Debts to be Paid

A debt should be taken from a righteous source; he who does not record it on top, and does not pay what is due, his debt shall accrue interest. // Brh_1,10.108 //

The debt of the sick, the insane, the aged, and those on a long journey abroad, such a debt should be made to be paid by their sons, even while they are alive. // Brh_1,10.109 //

Even in the presence of the father, a debt proved must be paid by the sons of one who is blind from birth, an outcaste, insane, or afflicted with consumption, leprosy, or other diseases. // Brh_1,10.110 //

Of those living under one roof, he who is present there should be made to pay. The son of one who has gone abroad must pay the whole paternal share of one who is dead. // Brh_1,10.111 //

A son must pay the entire debt incurred under one roof when the father is away; when the father is dead, he must pay his father's share of another's debt, but never otherwise. // Brh_1,10.112 //

The paternal debt must be paid first, and afterwards one's own; of those two, the grandfather's debt must be paid first; thus a debt must always be paid. // Brh_1,10.113 //

A paternal debt, when proved, must be paid by the sons like their own. A grandfather's debt must be paid equally; it is not to be paid by his son's son. // Brh_1,10.114 //

Even one who is dependent may conduct a transaction for the sake of the family; whether in his own country or abroad, a learned man should not set it aside. // Brh_1,10.115 //

Therefore, by a son who is born, having set aside his own interest, the father must be diligently freed from debt, so that he does not go to hell. // Brh_1,10.116 //

When the father is dead, the sons should pay the debt according to their shares, whether they are divided or undivided, or whoever takes up that burden. // Brh_1,10.117 //

A debt from liquor, an idle gift, what was promised out of lust or anger, a debt from suretyship, and the remainder of a fine or toll—a son should not be made to pay. // Brh_1,10.118 //

For the wives of liquor-sellers, hunters, washermen, herdsmen, and barbers [boatmen], the head of the household should be made to pay the debt incurred by them in their husbands' affairs. // Brh_1,10.119 //

The taker of the property is liable for the debt, and if the son is troublesome, he is also liable. The taker of the wife shall be so likewise, in the absence of the taker of the property. // Brh_1,10.120 //

What has been taken by a paternal uncle, brother, son, wife, servant, pupil, or dependent for the sake of the family, the head of the house must pay. // Brh_1,10.121 //

He who is appointed by his master for the management of income and expenditure in money-lending, agriculture, and trade, is remembered as an entrusted agent. // Brh_1,10.122 //

He who, having taken a loan and so on, does not give it to his master, becomes his slave, son, wife, or animal in his house. // Brh_1,10.123 //

A debt incurred by a son must be paid by the father if it was approved, or he may pay it out of affection for his son; otherwise, he is not obliged to pay. // Brh_1,10.124 //

.... .... the debtor shall get back the pledge, having paid the money with interest on a usufructuary pledge for the full term. // Brh_1,10.125 //

If it is cultivated, then the creditor is not entitled to the money. And the debtor shall not get the pledge without mutual consent. // Brh_1,10.126 //

When a debtor is sued by a creditor for the recovery of his property, he should make him pay the creditor's property, as proved by the debtor. // Brh_1,10.127 //

One who denies the debt, when it is proved by evidence, should be made to pay the creditor's property and a fine according to his ability. // Brh_1,10.128 //

He who denies as much of the debt as he can, or sues for as much as is false, those two, being ignorant of dharma, should be made by the king to pay a fine double that amount. // Brh_1,10.129 //

He who, having collected the money by righteous means, does not record it on top, and does not pay what is due, his debt shall accrue interest. // Brh_1,10.130 //

1.11 The Deposit

The recovery of debt, from lending to payment, has been declared. Now hear the complete rules for a deposit. // Brh_1,11.1 //

1.11.1 The Sealed Deposit

What is given without being named, concealed, uncounted, unseen, and marked with a seal, that is remembered as a sealed deposit. // Brh_1,11.2 //

1.11.2 The Nature of an Open Deposit

From fear of the king, thieves, or enemies, and to deceive heirs, property is placed in another's house; that is declared to be an open deposit. // Brh_1,11.3 //

1.11.3 The Manner of Depositing

The place, the house, the ground, and that debt of various qualities, truth, purity, and kinsmen—having examined these, one should place the treasure. // Brh_1,11.4 //

1.11.4 Its Twofold Nature

It is said to be of two kinds: with witnesses and without. Its return is likewise; in case of a dispute, trust is the means. // Brh_1,11.5 //

Given with witnesses or given in secret, it is declared to be of two kinds. It should be protected like a son; it perishes through lack of care. // Brh_1,11.6 //

1.11.5 A Deposit and the Like Should be Protected with Care

Whatever merit there is in giving gold, base metals, clothes, and so on, that same merit is there in protecting a deposit, and likewise a refugee. // Brh_1,11.7 //

As is the sin for a woman in betraying her husband, or for a man in killing his son or friend, so is the sin for men in consuming or neglecting a deposit. // Brh_1,11.8 //

One should not take a deposited object; its loss brings infamy. Having taken it, one should protect it with care; when asked for once, one should return it. // Brh_1,11.9 //

By whatever method and by whom it was deposited and proved, in that same way it must be given to him; it should not be given to a successor. // Brh_1,11.10 //

1.11.6 The Rule in Case of Loss of a Deposit

If it perishes through an act of god or the king, along with the property of the bailee, there is no fault there. // Brh_1,11.11 //

If the bailee destroys the deposit by fraud or neglect, or does not give it when asked, he shall be made to pay it with interest. // Brh_1,11.12 //

1.11.7 The Punishment for Using It

Whoever accomplishes his own purpose with a deposited object, he is punishable by the king, and he must also pay that with interest. // Brh_1,11.13 //

1.11.8 The Decision in Case of Denial

He who, having taken it, denies it, should be made to pay the deposit after it has been proved by witnesses or by an oath, and a fine equal to it. // Brh_1,11.14 //

Where a dispute arises over a treasure given in secret, a divine ordeal is remembered as the means of proof for both. // Brh_1,11.15 //

By whom a deposit was made in secret or taken in secret, it must be returned in secret; as the deposit, so the taking. // Brh_1,11.16 //

He shall not obtain anything in a sealed container, if he does not take from it. // Brh_1,11.17 //

For a bailment for delivery, a loan for use, an object given to an artisan, and a pledge, this same rule is declared, and likewise for a refugee. // Brh_1,11.18 //

A deposit that is to be worked on within a fixed number of days, if an artisan keeps it beyond that time, he must pay for it even if it is destroyed by an act of god. // Brh_1,11.19 //

He who gives a loan for use with the owner's permission does not commit an offense. // Brh_1,11.20 //

1.12 Sale by a Non-Owner

After the deposit, the sale by a non-owner has been declared by Bhṛgu. Hear it with attention; I shall declare it with its particulars. // Brh_1,12.1 //

1.12.1 The Definition of a Non-Owner

A deposit, a bailment for delivery, an open deposit, a stolen object, a loan for use, a pledge, and property secretly sold—he who does this is called a non-owner. // Brh_1,12.2 //

1.12.2 No Fault in a Purchase Reported to the Superintendent

He by whom it was purchased for a price, having been first reported to the superintendent, there is no fault there; it would be a theft in a fraudulent purchase. // Brh_1,12.3 //

1.12.3 The Definition of a Fraudulent Purchase

Inside a house, outside the village, at night, from a dishonest person, and what is bought at a low price—that is to be known as a fraudulent purchase. // Brh_1,12.4 //

1.12.4 The Decision on the Purchaser's Innocence Therein

When the former owner comes and investigates that property, the price must be shown there; the purchaser's innocence comes from that. // Brh_1,12.5 //

When the seller is produced, the purchaser is not to be accused in any way. The dispute with the seller is not lost on the part of the original owner. // Brh_1,12.6 //

Where the seller, having been produced, is defeated in the legal procedure, he should pay the price and a fine to the king, and the property to the owner. // Brh_1,12.7 //

He who, being a non-owner and filled with greed, covets another's property, if he fails to prove his claim afterwards, he shall be made to pay a double fine. // Brh_1,12.8 //

In a dispute devoid of proof, the king, with regard to the persons involved, should make the decision himself, according to whether it is equal, less, or more. // Brh_1,12.9 //

What has come through a market street, is known to the king's officers, is bought from an unknown source, or where the seller is dead, // Brh_1,12.10 //

the owner, having given half the price, may take his own property. Half is lost to both of them there; such is the legal procedure. // Brh_1,12.11 //

An unknown purchase is a fault, and likewise the lack of protection. These two are declared by the wise to cause the loss of property. // Brh_1,12.12 //

What has come through a market street, is known to the king's officers, and is bought in the daytime, a good purchaser who is prosperous gets the property. // Brh_1,12.13 //

He who, having sold land, does not secure the enjoyment for the purchaser, he shall give that money to him; otherwise, he is liable to the punishment of a thief. // Brh_1,12.14 //

These two are declared by the wise to cause the loss of property, because the particulars are unknown and the price is not obtained. // Brh_1,12.15 //

The loss there is considered equal for both the purchaser and the original owner. // Brh_1,12.16 //

1.13 Partnership

1.13.1 Persons Qualified for Partnership

With men of good family, skillful, not lazy, wise, who know coins, who know income and expenditure, are pure, and brave, one should undertake joint enterprises. // Brh_1,13.1 //

Whatever share one has, whether equal, greater, or less, his loss, expenditure, and profit will be of that same kind. // Brh_1,13.2 //

1.13.2 Unqualified Persons

With the incapable, the lazy, the sick, the unfortunate, and the helpless, wise men should not undertake commercial and other joint enterprises. // Brh_1,13.3 //

1.13.3 Profit According to the Property

Those who engage in business with gold, grain, liquids, and so on, with equal, lesser, or greater shares, their profit is of that same kind. // Brh_1,13.4 //

Whatever share one has contributed, whether equal, less, or more, he should bear the expense, do the work, and take the profit accordingly. // Brh_1,13.5 //

1.13.4 The Decision in a Dispute Among Them

The examiners and the witnesses are declared to be each other, in a doubtful matter, for the sake of non-deception, if they are not filled with mutual hatred. // Brh_1,13.6 //

Whichever of them is found to be a cheat in buying or selling, he should be cleared by oaths; this is the rule in all disputes. // Brh_1,13.7 //

1.13.5 The Decision in Case of Loss of Property

When there is a loss or damage caused by an act of god or the king, it is declared to be for all of them and should be borne according to their shares. // Brh_1,13.8 //

He who, though not instructed or being warned, causes a loss through negligence, that must be paid by him alone to all the partners. // Brh_1,13.9 //

Having given the sixth part to the king, they should receive their shares. // Brh_1,13.10 //

1.13.6 The Tenth Share for the Protector

Let it be from fear of an act of god or the king, he who protects it with his own power, having given him a tenth share, they should take the rest according to their shares. // Brh_1,13.11 //

1.13.7 The Toll

When a merchant reaches a toll-station, he should pay the toll as is proper. He should not evade it; this is declared to be the tribute to kings. // Brh_1,13.12 //

This is not so when a calamity from thieves, the king, or fire has occurred. He who protects with his own power, his share is remembered as a tenth. // Brh_1,13.13 //

1.13.8 The Decision in Case of Loss to One of the Partners

When any merchant there dies through carelessness, his goods must be shown to the appointed officers of the king. // Brh_1,13.14 //

When any heir of his should arrive, // Brh_1,13.15 //

he is then entitled to receive it, having proved his ownership through others. // Brh_1,13.15 //

The king should take a sixth part, and likewise a ninth and a tenth, from those of the Shudra, Vaishya, and Kshatriya classes; from a Brahmin, he should take a twentieth. // Brh_1,13.16 //

If after three years the owner does not come under any circumstances, then the king should take it; but the property of a Brahmin should go to Brahmins. // Brh_1,13.17 //

When one of those thus engaged in an enterprise dies, his work must be carried on by his kinsman, along with all the partners. // Brh_1,13.18 //

1.13.9 The Priests

As the Adhvaryu takes the chariot, and the Brahmā priest the race-horse at the fire-laying ceremony, the Hotā takes the best horse of the Nivid hymns, and the Udgātā the cart at the Soma-purchase. // Brh_1,13.19 //

Of all, the chief priests are sharers of a half; others are sharers of half of that; those of the third rank have a third share, and those of the fourth rank have a quarter share. // Brh_1,13.20 //

Newcomers, those who have come through succession, and likewise those who are self-made; they are declared to be of three kinds, and they should be treated accordingly. // Brh_1,13.21 //

1.13.10 The Manner of Joint Enterprise

When one man, with the consent of many, gives money, or has a document made, it is as if it were done by all. // Brh_1,13.22 //

A debt should be given to kinsmen, relatives, and friends with a pledge; to others, with a surety, and likewise with a document and witnesses. // Brh_1,13.23 //

Gold may be given at will, but liquids and grain for a fixed period; it should be given and likewise taken according to the custom of the country. // Brh_1,13.24 //

What has been given by the partners jointly must be asked for in the same way; and whoever does not ask for it is deprived of the profit. // Brh_1,13.25 //

1.13.11 Joint Agricultural Work

Hear this rule which is declared for cultivators and others. // Brh_1,13.26 //

With those who are equal in respect of draft animals, carriers, seeds, and so on, and with the implements of the field, a wise man should undertake cultivation. // Brh_1,13.27 //

Where a loss to the field occurs from a deficiency of draft animals or seeds, that loss must be made good by that person to all the farmers. // Brh_1,13.28 //

A field on a mountain, near a city, and likewise on a royal road, one that is barren or infested with mice, one should carefully avoid. // Brh_1,13.29 //

One who sows at the proper time in a field that has pits and is marshy, is well-irrigated, is surrounded by other fields, and has been well-plowed, reaps the fruit. // Brh_1,13.30 //

A wise cultivator should not take a draft animal that is emaciated, very old, small, sick, prone to running away, one-eyed, or lame. // Brh_1,13.31 //

This is declared to be the ancient dharma for cultivators. // Brh_1,13.32 //

1.13.12 The Artisans

He who is a refiner of gold, base metals, and thread, of wood, stone, and leather, and is skilled in the arts, is called an artisan by the wise. // Brh_1,13.33 //

Where goldsmiths and others practice their craft jointly, they should receive their wages according to their work and in proportion to their shares. // Brh_1,13.34 //

Learners, the knowledgeable, the skillful, and masters—these are the artisans; they should receive one, two, three, and four shares respectively, in ascending order. // Brh_1,13.35 //

Of those who jointly build a mansion, a temple, or religious implements, the chief among them is entitled to a double share. // Brh_1,13.36 //

This same rule has been declared by the good for dancers; the one who knows the rhythm gets one and a half shares, while the singers are equal sharers. // Brh_1,13.37 //

1.13.13 The Division of Profit Among Thieves

Whatever is brought from a foreign country by thieves with the master's permission, having given a sixth part to the king, they should divide it according to their shares. // Brh_1,13.38 //

The chief among them gets four shares; the brave man shall obtain three shares; the able one shall take two shares; all the rest are equal sharers. // Brh_1,13.39 //

1.14 Invalid and Valid Gifts

This decision on partnership has been completely declared; now that of invalid and valid gifts, and of a void gift, is told. // Brh_1,14.1 //

Common property, sons, wife, and the like, the whole of one's property, a deposit, what was borrowed, and what has been promised to another—these eight are remembered as not to be given. // Brh_1,14.2 //

What remains after the food and clothing of the family may be given; otherwise, the gift is like honey to the taste but poison in the end; the giver's dharma would be otherwise. // Brh_1,14.3 //

From the seven kinds of acquisition, such as a house and field, whatever field is acquired, whether by one's father or by oneself, that may be given if one wishes. // Brh_1,14.4 //

What is self-acquired may be given at will; a pledge according to the rules of pledge; in the case of a nuptial gift or what is inherited, a total gift is not permitted. // Brh_1,14.5 //

What is a gift from affection, what is inherited, and what is obtained by valor, when given with the permission of the woman, kinsmen, and master, it attains validity. // Brh_1,14.6 //

Except for one's entire property and house, and what is for the maintenance of the family, whatever property is one's own may be given; what is other than this would be invalid to give. // Brh_1,14.7 //

Whether divided or undivided, heirs are equal in immovable property; one person is not master in all matters of gift, pledge, or sale. // Brh_1,14.8 //

Wages, a gift out of satisfaction, the price of a commodity, a woman's fee, a gift to a benefactor, and a gift out of faith, favor, and affection—the valid gift is remembered as eightfold. // Brh_1,14.9 //

A gift to a Shudra is of equal merit; to a Vaishya, it is remembered as double; a gift to a Kshatriya is of triple merit; to a Brahmin, it is remembered as of sixfold merit. // Brh_1,14.10 //

To a learned Brahmin, it is a thousandfold; to a teacher, it is double that; to a preceptor, it is known to be triple that; to those who maintain the sacred fire, it is double that. // Brh_1,14.11 //

To one who knows the Self, it is a hundred-thousandfold; to a performer of the Agnihotra, it is infinite; to a Soma-sacrificer, it is a hundred-thousandfold; to one who speaks of Brahman, it is infinite. // Brh_1,14.12 //

A woman should give her woman's property to her own family, but she should avoid that; in the absence of her family, to her relatives; in their absence, to the twice-born. // Brh_1,14.13 //

What is given with the words "after my death" does not convey ownership; because it was not given at that time, it passes to the heir upon death. // Brh_1,14.14 //

By one who is angry, delighted, heedless, afflicted, a child, insane, afraid, or distressed; by one who is intoxicated, very old, or destitute; by one who is deluded or overcome with grief— // Brh_1,14.15 //

whatever is given by these, that is declared to be a gift considered void. // Brh_1,14.16 //

What is given with the desire for a return, or to an unworthy person thinking him worthy, or for a purpose connected with unrighteousness, the owner may take that back. // Brh_1,14.17 //

The enjoyer of a void gift shall be punished, and likewise the giver of an invalid gift. // Brh_1,14.18 //

1.15 Breach of Service

Invalid gifts and the like have been explained; now the rule for servants is told. This topic is first spoken of as "having agreed to serve." // Brh_1,15.1 //

He who, having agreed to serve, does not perform that service, this is the topic of dispute called "Breach of Service." // Brh_1,15.2 //

Non-payment of wages is its subject, concerning the master and the servant; a dispute is established in order; there are three kinds of servants. // Brh_1,15.3 //

It is said to be of many kinds according to caste and work; it is of four kinds, on account of learning, knowledge, lust, and wealth. // Brh_1,15.4 //

Each of these is again divided by the difference of action. // Brh_1,15.5 //

Learning is declared to be the threefold Veda, characterized by the Ṛg, Yajus, and Sāman; for its sake, one should perform the prescribed service to a preceptor. // Brh_1,15.6 //

Knowledge is said to be a craft, the refining of gold, silver, and so on; and dancing and the like; having obtained that, one should do work in the preceptor's house. // Brh_1,15.7 //

He who enjoys another's female slave is to be known as a vaḍabābhṛta; he should do work for her master, like a man hired for food. // Brh_1,15.8 //

A servant for wealth is said to be of many kinds, and likewise a servant for a share; the state of being low, middling, and highest is ordained for all of them. // Brh_1,15.9 //

One hired for a day, a month, a half-month, six months, three months, or a year, should do the work he has promised and receives the stipulated wage. // Brh_1,15.10 //

The hired servant is known to be of three kinds: highest, middling, and lowest; their work and wages should be according to their ability and devotion. // Brh_1,15.11 //

The highest is the soldier here; the middling is the cultivator; the lowest is the porter; thus the hired servant is of three kinds. // Brh_1,15.12 //

The soldier is declared to be the highest; the cultivator is the middling; the porter is declared to be the lowest, and likewise the domestic worker. // Brh_1,15.13 //

The servant for a share is of two kinds, remembered for those who live by agriculture and cattle; he shall obtain a share from the grown crop and from the milk, without a doubt. // Brh_1,15.14 //

These four are declared to be performers of pure work: [the four are: the pupil, the apprentice, the hired servant, and the workman]; the remaining fifteen kinds of slaves are partakers in base work. // Brh_1,15.15 //

Work is also said to be of two kinds: impure and pure; impure work is said to be the work of a slave; pure work is remembered for a workman. // Brh_1,15.16 //

Cleaning the house, doorway, impure places, streets, and rubbish heaps; touching the private parts, and taking away and disposing of leftovers, feces, and urine; // Brh_1,15.17 //

And finally, attending the master with one's own body as he goes about; this is to be known as impure work; what is other than this is pure. // Brh_1,15.18 //

From that time on, he is to be called one protected by the master's favor; he becomes one whose food may be eaten, who may be accepted as a gift, and who is approved by the good. // Brh_1,15.19 //

Until he has grasped the learning, a pupil should serve his preceptor with devotion; his conduct should be the same towards the preceptor's wives and the preceptor's son. // Brh_1,15.20 //

Having completed his studies and given the fee to his preceptor, he returns to his home; this is declared to be the duty of a pupil. // Brh_1,15.21 //

Here, the first group of four is not released from servitude, except by the grace of the master; their servitude is hereditary. // Brh_1,15.22 //

The base man who, being independent, sells himself, he is the most vile of them; he too is not released from servitude. // Brh_1,15.23 //

A non-slave woman who is married by a slave also attains the state of a slave, because her husband is her master, and his master is dependent on his own master. // Brh_1,15.24 //

Those who are born as sons of a female slave, whether by her husband or by another, if the begetter is the master, the lord should not make her a slave. // Brh_1,15.25 //

1.16 Non-payment of Wages

A plowman should take a third part or a fifth part; a plowman hired for food and clothing should take a fifth part from the produce. // Brh_1,16.1 //

One not hired for wages should take a third part from the grown crop. // Brh_1,16.2 //

A hired servant should not practice even the slightest deceit towards his master; he suffers a loss of wages, and from that a dispute arises. // Brh_1,16.3 //

1.16.1 The Decision on a Servant's Non-performance of Work

A hired servant who, not being sick, does not do the work as told out of arrogance, he is to be fined eight kṛṣṇalas, and his wages are not to be paid. // Brh_1,16.4 //

1.16.2 The Punishment for One Who Has Received Wages

When a hired servant, having received his wages, does not do the work, if he is able, he should be made to pay a fine and double that wage. // Brh_1,16.5 //

One who abandons his work after receiving his wages shall pay double.

1.16.3 The Punishment for One Who Has Not Received Wages

If he has not received them, he shall be made to pay an equal amount; the implements must be protected by the servants. // Brh_1,16.6 //

1.16.4 The Punishment for Not Doing What Was Promised

He who, having promised, does not do the work, should be made to do it by force; if he does not do that work, he shall incur a fine of twenty. // Brh_1,16.7 //

He is to be fined eight kṛṣṇalas, and his wages are not to be paid. // Brh_1,16.8 //

1.16.5 The Servant's Lack of Fault

Whatever a hired servant does, being appointed by his master, for that impure work, the master is at fault there. // Brh_1,16.9 //

1.16.6 The Times When a Herdsman is Not at Fault

In a case caused by an act of god or the king, and likewise in a confusion of the country, whatever is lost or taken away, the herdsman is not at fault there. // Brh_1,16.10 //

1.16.7 The Time When the Master is Punishable

The master who does not pay the wages to a servant when the work is done, shall be made to pay by the king, and a fine according to the circumstances. // Brh_1,16.11 //

1.16.8 The Punishment for a Herdsman's Fault

In case of loss due to the herdsman's fault, a punishment is prescribed for the herdsman: twelve and a half paṇas, and the property itself to the owner. // Brh_1,16.12 //

A female slave who is sick, weary, busy, or engaged in the king's service, and who does not come when called, is remembered as not to be reproached. // Brh_1,16.13 //

1.16.9 The Duties of Master and Herdsman

Likewise, one who is hired to tend cows should receive all the eighth part of their milk; in the evening, he should deliver all .... .... // Brh_1,16.14 //

Not exerting himself, not shouting, and not informing the owner, the herdsman is liable for that loss, and also for a fine to the king. // Brh_1,16.15 //

He should protect them from the fear of worms, thieves, and tigers, and from ravines and chasms; he should exert himself to his utmost, shout, or inform the owner. // Brh_1,16.16 //

He should keep the cows away from the crops; if they graze, a twofold fault occurs. The owner shall be made to pay a fine of one hundred, and the herdsman deserves a beating. And a fine of one śata if they graze on a crop with its roots, having eaten the sprouts. // Brh_1,16.17 //

1.17 Breach of Convention

This procedure for masters and servants has been declared; now understand briefly the ordinance of convention. // Brh_1,17.1 //

1.17.1 The Establishment of Good Brahmins and Their Duty

Having brought Brahmins learned in the Veda and its sciences, learned Brahmins, and maintainers of the sacred fire, he should settle them there and arrange for their livelihood. // Brh_1,17.2 //

He should give them plots of land for houses, with taxes not to be alienated, and they should be tax-free from the king, having it recorded in his own charters. // Brh_1,17.3 //

They should perform the daily, occasional, and optional rites, as well as rites for peace and prosperity for the citizens, and likewise the resolution of doubtful cases. // Brh_1,17.4 //

1.17.2 The Performance of Righteous Acts Jointly

The making of a compact and agreement for the sake of the village, guild, and corporation, should be done in a time of distress, and likewise in a righteous undertaking. // Brh_1,17.5 //

The fear of officials and thieves is remembered as a common affliction; its pacification must be done by all, not by any one person. // Brh_1,17.6 //

1.17.3 The Creation of Trust

Having first created trust among themselves by means of a common fund, a written document, or by mediators, they should then carry out their business. // Brh_1,17.7 //

The hostile, the afflicted by misfortune, the timid, the lazy, and the fearful,

1.17.4 Persons to be Appointed and Not to be Appointed

the greedy, the very old, and children should not be made deliberators of business. // Brh_1,17.8 //

Those who are pure, know the Veda and dharma, are skillful, self-controlled, of good family, and proficient in all business, should be made the chief men. // Brh_1,17.9 //

Two, three, or five should be appointed, who speak for the welfare of the group; their word must be followed by the village, guild, corporation, and others. // Brh_1,17.10 //

1.17.5 The Making of an Agreement

The maintenance of an assembly hall, a water-station, a temple, a tank, and a garden, and likewise the rites for the helpless and the poor, and the making of connections. // Brh_1,17.11 //

"The protection of our families and their restraint must be done by us in shares." A document thus written is a righteous agreement. // Brh_1,17.12 //

It must be observed by the able; he who, being able, violates it, his punishment is the confiscation of all his property and his banishment from the city. // Brh_1,17.13 //

Whoever causes a division or shows indifference there, a fine of four suvarṇas or six niṣkas is prescribed for him. // Brh_1,17.14 //

He who harms the common property, or insults a man learned in the three Vedas, and violates the agreement, he shall be banished from that city. // Brh_1,17.15 //

One who wounds with words, an informer, a creator of division, and a violent man, and one who is hostile to the guild, corporation, or king, shall be quickly banished from there. // Brh_1,17.16 //

The heads of families, guilds, and corporations, and the inhabitants of cities and fortresses, should inflict verbal censure, a fine, and abandonment on evil-doers. // Brh_1,17.17 //

The punishment and favor shown to men by them according to their own dharma, that must also be approved by the king, for they are remembered as having delegated authority. // Brh_1,17.18 //

If those who have gathered together, filled with hatred, should cause harm to one person. // Brh_1,17.19 //

When there is a dispute of the groups with their chiefs, the king should then investigate it and establish them in their own path. // Brh_1,17.20 //

.... .... he who, being able, violates it, his punishment is the confiscation of all his property and his banishment from the city. // Brh_1,17.21 //

Those who, having formed a single group, embezzle the king's due, they shall be made to pay eight times that amount, and merchants who flee. // Brh_1,17.22 //

Whatever is obtained from that is equal for all; it should be divided every six months or monthly, according to shares. // Brh_1,17.23 //

Or it should be given to the poor, the old, the blind, women, children, the distressed, and the sick, and likewise to those continuing the family line; this is the eternal dharma. // Brh_1,17.24 //

What is obtained or protected by effort, or what is staked for the sake of the group, or what is obtained by the king's favor, that is equal for all. // Brh_1,17.25 //

1.18 Rescission of Sale and Purchase

This determination of customary practice has been declared in brief; hear now this dispute arising from sale and purchase. // Brh_1,18.1 //

1.18.1 The Commodity

Movable and immovable are declared to be the two kinds of property; at the time of sale, the word "commodity" is remembered for both. // Brh_1,18.2 //

1.18.2 The Punishment for Selling a Defective Commodity

He who, knowing a commodity to be defective, sells it to an undiscerning person, shall be made to pay double that amount, and a fine equal to it. // Brh_1,18.3 //

1.18.3 Things to be Rejected

What is sold by one who is intoxicated or insane, for a low price or out of fear, by one who is not independent or by a fool, that should be rejected and becomes his again. // Brh_1,18.4 //

He who, having sold something to one person, gives it to another, he too shall be made to pay double that amount, and a fine of the same amount. // Brh_1,18.5 //

1.18.4 Periods of Inspection

Ten, one, five, seven days, a month, three days, and a half-month is the period for inspecting seeds, iron, draft animals, gems, women, milch animals, and men. // Brh_1,18.6 //

If a merit or defect should arise within that time, it must be returned to the seller, and the buyer shall get back the price. // Brh_1,18.7 //

What was bought without being known and is later found to be defective, that commodity must be given back to the owner within the time limit, but not otherwise. // Brh_1,18.8 //

One should inspect the commodity himself and show it to others; having taken what has been inspected and approved, one should not reject it again. // Brh_1,18.9 //

For horses, silver, and gold, for grain, base metals, goats, and cloth, and for products of leather and wood, the inspection period shall be one day. // Brh_1,18.10 //

The price of gems, horses, and mules is determined by their origin; for cows and land, by the king's order in market places, or by the will of both parties. // Brh_1,18.11 //

In a partition and exchange of two fields, the accomplishment of the purpose will be by a document of remembrance made by them. // Brh_1,18.12 //

The buyer should ask the kinsmen and others who are present; if the transaction is done otherwise, he should then show the desire of the kinsmen. // Brh_1,18.13 //

The purchase of immovable property is desired to be with the consent of kinsmen and others; if a purchase is made otherwise, in another village, it is for three fortnights. // Brh_1,18.14 //

Brothers of the whole blood, sapindas, sodakas, and sagotras, neighbors, and creditors are to be taken; these seven are considered the sources of claim. // Brh_1,18.15 //

Having given a price that is more or less, an improper price is remembered; the validity of the purchase would not occur, even after a hundred years. // Brh_1,18.16 //

1.18.5 A Special Rule for the Purchase of a Field

In all sales, one should record the wells, trees, and so on, and whatever water channels and the like there are, and other things, says Bṛhaspati. // Brh_1,18.17 //

A field with a ripe crop, a tree with fruit, or fit for enjoyment, a well, a tank, and a lofty house—this, they say, belongs to the buyer from the seller. // Brh_1,18.18 //

An exchange made by the intoxicated, foolish, ignorant, afflicted, or deluded, and whatever has an improper price, all that one should reverse. // Brh_1,18.19 //

Kinsmen, neighbors, and creditors who have gone outside the village at the time of purchase, are not entitled to protest after three fortnights have passed in order. // Brh_1,18.20 //

He may obtain it after three fortnights, or a month, or three. // Brh_1,18.21 //

1.19 Boundary Dispute

The rule for rescission of sale and purchase has been shown; now hear the boundary dispute concerning villages, fields, houses, and the like. // Brh_1,19.1 //

1.19.1 Trees and the Like Should be Planted on Boundary Lines

One should make boundary trees such as banyans, peepal trees, and butea trees, silk-cotton trees, sal trees, and palmyra palms, and likewise milky trees. // Brh_1,19.2 //

And various shrubs and bamboos, and thickets of śamī creepers, and reeds and kubjaka shrubs, so that the boundary does not perish. // Brh_1,19.3 //

Tanks, wells, and springs, and temples of deities should be made on the boundary lines. // Brh_1,19.4 //

When the king grants a field, he should have it demarcated, overseen by men learned in the four Vedas, merchants, water-diviners, all the villagers, and the headmen and owners thereof. // Brh_1,19.5 //

If a Shudra is the guide, having adorned him with the insignia of a eunuch, having smeared his face with the ash of a corpse, having made a five-fingered mark on his chest with the blood of an ignoble animal, and having tied entrails around his neck, he should carry the boundary clod of earth on his head with his own hand. // Brh_1,19.6 //

At the time of settlement, the determination of the boundary line must be made, marked by public and secret signs, which removes doubt. // Brh_1,19.7 //

Imperishable things, which are naturally not subject to decay: tanks, wells, ponds, sacred monuments, gardens, and temples. // Brh_1,19.8 //

High and low ground, river-beds, reeds, shrubs, mountains, and the like; one should always make these public markers on the boundary. // Brh_1,19.9 //

1.19.3 Witnesses in a Boundary Dispute

If there should be a doubt even when the signs are seen, the determination of the boundary in a dispute would be by the evidence of witnesses. // Brh_1,19.10 //

In the absence of witnesses, four inhabitants of the village boundaries should make the determination of the boundary, being purified in the king's presence. // Brh_1,19.11 //

In the absence of neighbors as boundary witnesses, he should question these men who roam the forest. // Brh_1,19.12 //

Hunters, fowlers, herdsmen, fishermen, root-diggers, snake-catchers, gleaners, and other forest-dwellers. // Brh_1,19.13 //

As they, when questioned, state the mark on the boundary lines, so the king should establish it with justice for the two villages. // Brh_1,19.14 //

They, with their heads covered with earth, wearing garlands and red clothes, and sworn by their own meritorious deeds, should speak the truth. // Brh_1,19.15 //

He should thus fix the boundary and record them by name; one should always make these public markers on the boundary. // Brh_1,19.16 //

1.19.4 Secret Markers

And likewise other things which the earth does not consume, and other hidden things, one should make as boundary signs. // Brh_1,19.17 //

Seeing the constant change of grass in the world for the knowledge of a boundary, a cremation ground, bones, cow-hair, and likewise ashes and potsherds. // Brh_1,19.18 //

Dried cow-dung, bricks, charcoal, pebbles, and sand, one should have these secret markers made on the boundary lines. // Brh_1,19.19 //

Dried cow-dung, bones, chaff, charcoal, pebbles, stones, potsherds, sand, bricks, cow-hair, cotton seeds, bones, and ashes— // Brh_1,19.20 //

having placed these in pots, one should have them buried at the boundaries.

1.19.5 Signs to be Shown with Care

Then one should show them with care to the young boys. // Brh_1,19.21 //

And they, in their old age, should show them to the children in the same way; thus, through knowledge of tradition, no confusion of the boundary arises. // Brh_1,19.22 //

It causes giving and taking for men according to their good or bad fortune; the falling of a bank in one place, and the formation of land in another. // Brh_1,19.23 //

A river makes its bank; one should not alter it. When land is cut off, having passed over a field with its crop, // Brh_1,19.24 //

by the flow of the river's current, the owner of the field shall get it. That which was taken by the king through anger, greed, force, or by legal process. // Brh_1,19.25 //

1.19.6 The Decision of Witnesses in a Dispute over a House or Field

In disputes over a house or field, the decision is from the neighbors, the heads of the city and village, and the oldest men. // Brh_1,19.26 //

Cultivators, artisans, hired servants, herdsmen, hunters, gleaners, root-diggers, fishermen, kinsmen, and those who cause division and obstruction. // Brh_1,19.27 //

Those who know the title, the proof, the enjoyment, the purpose, and the name, and the characteristics of the piece of land, they are the witnesses here. // Brh_1,19.28 //

What was given to another out of satisfaction does not attain validity. [that which was taken by the king through anger, greed, deceit, or by legal process] // Brh_1,19.29 //

The land of one who enjoys it without proof, which was taken away, or was given to one of more merit, one should not take that away from him. // Brh_1,19.30 //

Sworn by their own oaths, they should state the decision on the boundary; they should point out the hidden markers; that is the proof, this is the rule. // Brh_1,19.31 //

He should make a Brahmin swear by truth, a Kshatriya by his vehicle and weapons. // Brh_1,19.32 //

Without the signs known to the witnesses, a single honest man, agreeable to both parties, wearing a red garland and clothes, and taking earth on his head, // Brh_1,19.33 //

devoted to truth and fasting, should point out the boundary. // Brh_1,19.34 //

[If neighbors should speak falsely in a dispute between men over a boundary,] [all of them should be punished separately by the king with the middle amercement.] // Brh_1,19.35 //

[Those who point it out as stated are purified as truthful witnesses;] [but those who point it out falsely should be made to pay a fine of two hundred.] // Brh_1,19.36 //

In all disputes concerning immovable property, this rule is declared. // Brh_1,19.37 //

Those neighbors who were born there but are settled in another country, they are designated as elders and should be questioned for the decision of the case. // Brh_1,19.38 //

Whatever those irreproachable men of impartial conduct say when in doubt, that should be taken as proof; thus dharma is not violated. // Brh_1,19.39 //

When land is brought from another village and given to another, otherwise, a gain for men would be from the king or from fate. // Brh_1,19.40 //

By a great river or by the king, how is the investigation to be made there? Land abandoned by a river or given by the king belongs to him whose it is; otherwise, a gain for men would be from the king or from fate. // Brh_1,19.41 //

Decay and prosperity, and life, are for men by the will of fate and the king; therefore, at all times, one should not question what has been done by them. // Brh_1,19.42 //

Where a river is established as the boundary of two villages, it causes giving and taking according to the good or bad fortune of men; one who alters it through small decay and growth deserves punishment. // Brh_1,19.43 //

The king should make the boundary of ten villages, a hundred villages, or a thousand villages, if it is uneven, definite with signs. // Brh_1,19.44 //

From the time of settlement, whatever house, market, or shop has been enjoyed, by whom, for how long, and in what manner, one should not alter that for him. // Brh_1,19.45 //

Windows and water-drains, and likewise projecting roofs and balconies, and courtyards of four-winged houses, which were previously established, one should not alter. // Brh_1,19.46 //

One should not obstruct the cornice, the walkway, the drain, and the windows; one who obstructs a water-drain or a house-site shall be liable to punishment. // Brh_1,19.47 //

After the time of settlement, these should not be made in any way.

1.19.7 Things Not to be Done in Building a House

One should not make a window or a water-drain facing a neighbor's house. // Brh_1,19.48 //

A privy, a fireplace, a pit, and the pouring of leftover water, should never be made very near a neighbor's wall. // Brh_1,19.49 //

A place for feces, urine, water, and refuse, and the making of a fireplace and a pit, one should make at a distance of two cubits from a neighbor's wall. // Brh_1,19.50 //

That by which people come and go, and cattle without being stopped, that is called a path, and it should not be obstructed by anyone. // Brh_1,19.51 //

He who makes a rubbish heap, a pit, or plants a tree there, or willfully voids excrement, his fine is a māṣaka. // Brh_1,19.52 //

Having taken it, he should have it cultivated at the proper time, with protection and collection of produce; if he does not do so, he shall be made to pay the owner the average produce of the cultivated land. // Brh_1,19.53 //

Whoever, having taken a field, does not cultivate it and does not have it cultivated, he shall be made to pay the owner the produce, and a fine to the king equal to it. // Brh_1,19.54 //

On land long fallow, a tenth; on land being cultivated, an eighth; on well-prepared land, a sixth should be fixed according to rule. // Brh_1,19.55 //

1.20 Verbal Assault

Unpleasant speech and beating are remembered as the two kinds of assault; each is divided into three, and the punishment is said to be of three kinds. // Brh_1,20.1 //

1.20.1 The Threefold Nature of Verbal Assault

Censure of one's country, dharma, family, and so on, and accusation of sin, without involving property, that is said to be the first kind of verbal assault. // Brh_1,20.2 //

An accusation connected with one's sister or brother, or of a secondary sin, is said by those who know the treatises to be the middling kind of verbal assault. // Brh_1,20.3 //

Mention of what is not to be eaten or drunk, and defamation with a great sin, is said to be the highest kind of verbal assault, a severe blow to a vital part. // Brh_1,20.4 //

1.20.2 The Punishment

For verbal assault between persons of equal caste and qualities, the fine prescribed in the treatise is twelve and a half paṇas. // Brh_1,20.5 //

The punishment for one-eyed, lame, and other such persons, even if they are of that kind themselves, is two kārṣāpaṇas. // Brh_1,20.6 //

For insulting one of the same caste, the fine is twelve and a half paṇas. For insulting one of a lower caste, the fine is six paṇas and a kākiṇī. // Brh_1,20.7 //

[for one-eyed, lame, and other such persons, likewise]

Between equals, the punishment is equal; for a lower person, it is double; for a higher person, it is said to be more, in verbal assault between them. // Brh_1,20.8 //

One who insults his sister and the like should be made to pay a fine of fifty paṇas; in an assault on one devoid of good qualities, a Brahmin is not at fault. // Brh_1,20.9 //

By calling a fallen man "fallen," or a thief "thief," one incurs an equal fault by the word .... .... // Brh_1,20.10 //

1.20.3 The Difference in Punishment According to Caste

For one who gives a religious instruction unrighteously to Brahmins, the king should pour heated oil into his mouth and ears. // Brh_1,20.11 //

For defaming a Kshatriya, the fine for a Brahmin is fifty; for a Vaishya, likewise twenty-five; for a Shudra, twelve and a half. // Brh_1,20.12 //

This fine is ordained for a good Shudra who is not at fault. // Brh_1,20.13 //

In an assault on one devoid of good qualities, a Brahmin is not at fault. // Brh_1,20.13 //

For a Vaishya insulting a Kshatriya, a fine of one hundred should be imposed. / A Kshatriya insulting a Vaishya deserves half that punishment. // Brh_1,20.14 //

For a Kshatriya insulting a Shudra, the fine is twenty-five. / In a grave insult, it is declared by those who know the treatises to be double that. // Brh_1,20.15 //

A Shudra insulting a Vaishya should be made to pay the first amercement. / For insulting a Kshatriya, the middle; and for a Brahmin, the highest amercement. // Brh_1,20.16 //

One who insults another's country and so on shall be made to pay twelve and a half paṇas. / One who out of arrogance accuses another of a sin shall be made to pay the first amercement. // Brh_1,20.17 //

And one who gives religious instruction accompanied by citations from the Veda, / but insults Brahmins, is to be punished by the cutting out of his tongue. // Brh_1,20.18 //

This punishment has been declared by me with regard to the person involved. / It should be determined by the wise as being equal, less, or more. // Brh_1,20.19 //

1.21 Physical Assault

With hands, stones, clubs, ashes, mud, and dust, / and with weapons and missiles, it is called Physical Assault. // Brh_1,21.1 //

Whatever punishment is prescribed for a person for committing verbal assault, / double that punishment should be imposed for physical assault, except in a case leading to death. // Brh_1,21.2 //

The punishment for two persons striking each other, if they are equals, is remembered as equal. / The one who starts it and the one who follows up should be made to pay a higher fine. // Brh_1,21.3 //

One who, having been first insulted, insults in return, or having been struck, strikes back, / and one who kills an ātatāyin, that man does not become an offender. // Brh_1,21.4 //

A low-born person who transgresses against a good man through verbal assault and the like, / if that good man strikes him, he should not be investigated by the king. // Brh_1,21.5 //

1.21.1 The First Kind of Physical Assault

The throwing of ashes and the like, and striking with the hand and so on, / is the first kind of physical assault; the fine to be imposed here is one māṣa. // Brh_1,21.6 //

This punishment is stated for equals, and for another's wife and for superiors, / it should be known by the wise as double or triple, according to their pre-eminence. // Brh_1,21.7 //

When a stone, rock, or piece of wood is raised, the first amercement should be imposed. / For striking each other with hands and feet, it is ten and twenty respectively. // Brh_1,21.8 //

1.21.2 The Middling Kind

The middle amercement should be imposed on two agitated persons for aiming a weapon. / But when a blow is struck, the fine should be imposed by the wise according to the deed. // Brh_1,21.9 //

For striking with a brick, stone, or piece of wood, the fine is two māṣas. / When blood is drawn, the punishment to be imposed by the wise is double. // Brh_1,21.10 //

For breaking the skin, the first amercement; for cutting the flesh, the middle. /

1.21.3 The Highest Kind

The highest is for breaking a bone; but killing by a blow is a capital offense. // Brh_1,21.11 //

For cutting off an ear, nose, or hand, for breaking a tooth, or for fracturing a bone, / the middle amercement should be imposed; but double for fallen persons. // Brh_1,21.12 //

For cutting off an ear, lip, nose, foot, eye, / tongue, penis, or hand, the highest amercement; for piercing them, the heavy middle amercement. // Brh_1,21.13 //

The punishment prescribed for physical assault is for the assault itself. / If property is stolen, double that is another [fine], and the king's punishment is greater than that. // Brh_1,21.14 //

For breaking, injuring, or cutting a limb, / the cost of recovery must be paid, and whatever was stolen in the quarrel. // Brh_1,21.15 //

He who was struck in a secluded place and is seen dead, or might be, / the killer should be identified by inference or by an oath. // Brh_1,21.16 //

Where one was struck inside a house, in a forest, or at night, / if blood is seen there, one should not ask for witnesses there. // Brh_1,21.17 //

If someone, having made a mark on himself, accuses another out of hatred, / an investigation with reasoning and strong evidence is proper there. // Brh_1,21.18 //

One who, having been insulted, insults in return, or having been struck, strikes back, / and one who kills an offender, that man does not become an offender. // Brh_1,21.19 //

Those born of mixed unions in the reverse order, and likewise the lowest castes, are remembered as the dregs of men. / For transgressing against a Brahmin, they are to be killed; wealth should never be given to them. // Brh_1,21.20 //

He who yokes tired, hungry, or thirsty animals at an improper time, / he is a cow-killer and should perform a penance, or be made to pay a fine. // Brh_1,21.21 //

The cost of recovery must be paid, and whatever was done for the quarrel. / With whatever limb a Shudra strikes one of the twice-born in anger, / that limb of his should be cut off; this has been declared by Manu. // Brh_1,21.22 //

1.22 Theft

Open and secret thieves are remembered as being of two kinds. / By their intelligence, ability, and methods, they are divided a thousandfold. // Brh_1,22.1 //

1.22.1 Open and Secret Thieves

Merchants, physicians, gamblers, corrupt assessors, cheats, / those who interpret divine portents, gentlemen, artisans, forgers, // Brh_1,22.2 //

and those who perform forbidden acts, mediators, and false witnesses; / these are indeed open thieves, and likewise those who live by magic. // Brh_1,22.3 //

Housebreakers, highwaymen, thieves of bipeds and quadrupeds, / pickpockets, and crop-stealers are to be known as secret thieves. // Brh_1,22.4 //

1.22.2 Their Punishment

Having been identified by the king's officers through association, signs, and appearance, / they should be made to restore what was stolen and punished with fines prescribed by the treatises. // Brh_1,22.5 //

A pickpocket should be torn apart with pincers by the king's officers. / A grain-thief should be made to pay ten times the amount, and a fine of double that. // Brh_1,22.6 //

Where the death of one evil-doer / brings well-being to many, his execution is a meritorious act. // Brh_1,22.7 //

Likewise, a highwayman should be bound by the neck to a tree and hanged. // Brh_1,22.8 //

For a cutpurse, one should cut off his fingers at the first capture. / At the second, his hands and feet; at the third, he deserves death. // Brh_1,22.9 //

A physician who does not know the herbs, mantras, or the true nature of a disease, / and takes money from the sick, he is to be punished like a thief. // Brh_1,22.10 //

Gambling should be done openly; fraudulent gamblers should be banished. // Brh_1,22.11 //

Those who play with false dice, base men, and those who abduct the king's wives, / astrologers and cheats, they are remembered as punishable gamblers. // Brh_1,22.12 //

A merchant who sells a commodity mixed with a hidden defect or refurbished, / should be made to pay double that, and a fine equal to it. // Brh_1,22.13 //

Assessors who argue unjustly, and likewise those who live on bribes, / and those who deceive the trustworthy—all of them should be banished. // Brh_1,22.14 //

Those who, without knowing the science of astrology or portents, / proclaim them to men out of greed for wealth, they must be diligently punished. // Brh_1,22.15 //

Those who present themselves with a staff, deer-skin, and so on, / and harm men by deceit, they are to be killed by the king's officers. // Brh_1,22.16 //

Those who refurbish a low-priced item and pass it off as high-priced, / and deceive women and children, they are to be punished according to the value. // Brh_1,22.17 //

Those who make artificial gold, pearls, coral, and the like, / they shall be made to pay the price to the buyer, and a fine of double that by the king. // Brh_1,22.18 //

When mediators deceive one party out of affection, greed, or the like, / or witnesses speak falsely, they shall be made to pay a double fine. // Brh_1,22.19 //

Those who, by the power of mantras and herbs, show some illusion, / and practice sorcery, they are to be banished by the king. // Brh_1,22.20 //

A housebreaker should be made to give up what was stolen, and then be impaled on a stake. / Likewise, a highwayman should be bound by the neck to a tree and hanged. // Brh_1,22.21 //

Kidnappers should be burned by the king in a fire of reeds. / For a cattle-thief, he should cut off his nose, or bind him and drown him in water. // Brh_1,22.22 //

For stealing more than ten kumbhas of grain, the punishment is death. / In other cases, he should be made to pay eleven times the amount, and that property to its owner. // Brh_1,22.23 //

A grain-thief should be made to pay ten times the amount, and a fine of double that. // Brh_1,22.24 //

Whether it be grass or wood, or a flower or a fruit, / one who takes it without asking deserves to have his hand cut off. // Brh_1,22.25 //

A thief who is of good conduct and learned in the Veda is to be tormented in prison for a long time. / He should be made to pay that wealth to the owner; a penance is not to be performed. // Brh_1,22.26 //

1.23 Heinous Crime

This punishment and restraint for all thieves has been declared. / Now hear properly the law of punishment for Heinous Crime. // Brh_1,23.1 //

Homicide, theft, molesting another's wife, / and both kinds of assault—Heinous Crime is of four kinds. // Brh_1,23.2 //

It is declared to be of three kinds: low, middling, and highest. / The fines there are first, highest, and middle, depending on the property. // Brh_1,23.3 //

The killing of an ātatāyin, a Brahmin, or a sacrificial animal in a righteous battle. / The wise say that these dharmas are to be avoided in the Kali Yuga. // Brh_1,23.4 //

One who destroys or steals farm implements, a dam, roots, flowers, and fruits, / is to be punished with a fine of one hundred or more, according to the case. // Brh_1,23.5 //

Cattle, clothes, food, and drink, and likewise household implements, / one who harms them should be made to pay like a thief, and a fine of two hundred or more. // Brh_1,23.6 //

Men and women, gold and gems, the property of gods and Brahmins, / and silk and other excellent things—for these, the fine is equal to the value. // Brh_1,23.7 //

Or it should be determined as double by kings, depending on the person. / Or the killer should be killed, to prevent a recurrence. // Brh_1,23.8 //

Heinous Crime is said to be of five kinds; killing is remembered as the most serious. / Those who commit it are not to be punished with fines, but are to be diligently killed. // Brh_1,23.9 //

Those who are open killers, and likewise secret killers, / having been properly identified, their wealth taken, they are to be killed by various methods of execution. // Brh_1,23.10 //

1.23.1 Violent Criminals are to be Punished

For the sake of gaining a friend or for profit, by a king who desires the welfare of the world, / violent criminals, who are a terror to all people, should not be released. // Brh_1,23.11 //

The king who, out of greed or fear, does not kill wrongdoers, / his kingdom becomes agitated, and he is deprived of his realm. // Brh_1,23.12 //

He who kills others by means of bondage, fire, poison, or a weapon, / for a reason such as anger, that man is a violent criminal. // Brh_1,23.13 //

1.23.2 Decision in a Joint Attack

Where many, filled with anger, strike one person, / he who delivers the blow to a vital part is declared to be the killer. // Brh_1,23.14 //

He who strikes a vital part among them should be made to pay the prescribed fine. / The one who initiates the act, the helper, and likewise the one who shows the way, / the one who gives shelter, the one who gives a weapon, and the one who gives food to wrongdoers, // Brh_1,23.15 //

the one who gives advice for the fight, and the one who points out the way to destroy him, / the one who is indifferent though able to act, the one who points out the fault, and the one who approves. // Brh_1,23.16 //

1.23.3 The Killing of an ātatāyin

In killing an ātatāyin, the killer does not incur any sin. / By killing one who comes with the intent to destroy, one does not commit an offense. // Brh_1,23.17 //

He who does not kill an ātatāyin of high rank, endowed with good conduct and Vedic learning, / when he deserves to be killed, obtains the fruit of a horse-sacrifice. // Brh_1,23.18 //

He who kills an ātatāyin who is learned in the Veda and born in a good family, / by not killing him he would be a slayer of an embryo; by killing him he does not become a slayer of an embryo. // Brh_1,23.19 //

Now hear of heinous crime and theft arising from anger and greed. / Having carefully ascertained the slightness or severity of the wound, the vital spot, / the ability, and the consequence, one should determine the case by signs. // Brh_1,23.20 //

1.23.4 Decision When the Killer is Not Seen

Where a person is seen killed, but the killer is not seen, / he should be identified by the king by tracing a previous enmity. // Brh_1,23.21 //

He who strikes an equal blow among them should be made to pay the prescribed fine. / The initiator and the helper are liable for half the guilt. // Brh_1,23.22 //

The neighbors and those living nearby, and his friends, enemies, and relatives, / should be questioned by the king's officers with methods of conciliation and so on. // Brh_1,23.23 //

He should be identified by men through his association with the wicked, or by signs and stolen goods. / This is declared to be the investigation of killers and thieves. // Brh_1,23.24 //

He who is arrested on suspicion but does not confess to the deed, / should be cleared by an oath; this is the rule in all disputes. // Brh_1,23.25 //

One who is cleared by ordeals is pure; one who is not cleared deserves death. / By the king's punishment and favor, his fame and dharma increase. // Brh_1,23.26 //

1.24 Adultery

The two kinds of assault have been stated, and the two characteristics of heinous crime. / Know the three kinds of adultery, which is rooted in sin. // Brh_1,24.1 //

Two are done by force and by deceit, and the third arises from mutual affection. / That is again said to be of three kinds: first, middling, and highest. // Brh_1,24.2 //

What is done to an unwilling woman, one who is asleep, insane, or intoxicated, / or one who is talking incoherently in a secluded place, that is done by force. // Brh_1,24.3 //

When a woman is brought to a house by deceit, or having been given liquor or a love-potion, / intercourse is had with her, they know that as done by deceit. // Brh_1,24.4 //

By mutual glances of affection, and by the sending of a messenger, / what is done out of lust for beauty or wealth is to be known as arising from mutual affection. // Brh_1,24.5 //

That is again said to be of three kinds: first, middling, and highest. / A sidelong glance, a smile, and likewise the sending of a messenger, / and the touching of ornaments and clothes, is remembered as the first kind of adultery. // Brh_1,24.6 //

The sending of perfumes and garlands, incense, food, and clothes, / and conversing in secret, they know as the middling kind of adultery. // Brh_1,24.7 //

Sharing one bed or seat, playing, kissing, and embracing, / this is called the highest kind of adultery by those who know the treatises. // Brh_1,24.8 //

The sending of perfumes and garlands, incense, ornaments, and clothes, / and enticement with food and drink, is remembered as the middling kind of adultery. // Brh_1,24.9 //

The sending of perfumes and garlands, fruits, liquor, food, and clothes, / and conversing in secret, they know as the middling kind of adultery. // Brh_1,24.10 //

For all these three, a first, middle, and highest / punishment should be determined; it should be greater when the wealth is greater. // Brh_1,24.11 //

A man who engages in conversation with another's wife in secret, / having been previously accused of faults, shall incur the first amercement. // Brh_1,24.12 //

He who lusts with deceit, his entire wealth should be confiscated. / Having cut off his penis and testicles, he should be paraded on a donkey. // Brh_1,24.13 //

He who lusts by deceit, for him the punishment is confiscation of all his property. / Having branded him with the mark of a vulva, he should then be banished from the city. // Brh_1,24.14 //

The punishment to be imposed in court on a man for intercourse with a woman of a lower caste is higher than that. / But for intercourse with a woman of a higher caste, the punishment is death. // Brh_1,24.15 //

The woman who, having come to a house and enticed a man by touching and so on, / lusts for him, she is to be punished there; for the man, half the fine is remembered. // Brh_1,24.16 //

Having cut off their nose, lips, and ears, and having paraded them, one should drown them in water. / Or they should be devoured by dogs in a public place with many people. // Brh_1,24.17 //

A woman who was enjoyed against her will, she should be kept protected in the house, / with a soiled body, sleeping on the ground, and living on a mere ball of food. // Brh_1,24.18 //

She should be made to perform a difficult penance, or a Parāka, if she had intercourse with an equal. / A woman who has been enjoyed by a man of a lower caste should be abandoned or killed. // Brh_1,24.19 //

1.25 The Means of Regulating the Conduct of Men and Women

This rule for adultery and adultery itself has been stated. / Hear from me as I speak the means of regulating the conduct of men and women. // Brh_1,25.1 //

A woman must be restrained from even the slightest attachments by her own kinsmen. / She must be guarded day and night by her mother-in-law and other venerable women. // Brh_1,25.2 //

A woman who acts on her own desires and is not restrained out of affection, / she will surely become uncontrollable later, like a neglected disease. // Brh_1,25.3 //

1.25.1 The Duties of Father, Husband, and Son

A father who does not give his daughter in marriage at the proper time, a husband who does not approach his wife during her fertile period, / and a son who does not provide for his mother, are reprehensible and punishable according to dharma. // Brh_1,25.4 //

Where women are honored, there the gods rejoice. / And prosperity, pure progeny, and fruitful rites will result. // Brh_1,25.5 //

In matters of income and expenditure, preparation of food, protection of household goods, / in purification, and in the fire-ritual, women should be employed; this is remembered as the purity of women. // Brh_1,25.6 //

A wife should be honored by her husband with clothes, ornaments, and food, / and on festive occasions by her father, brother, father-in-law, and other kinsmen. // Brh_1,25.7 //

The woman who does not transgress against her husband, being united in mind, speech, and body, / she obtains her husband's worlds and is called a virtuous woman by the good. // Brh_1,25.8 //

1.25.2 The Vices of Women

A woman should not live in another's house separated from her husband, father, or sons. / Especially in bad company, she surely becomes reprehensible. // Brh_1,25.9 //

Rising before her elders, preparing food and condiments, / and sitting and sleeping in a lower place—this is declared to be the work of women. // Brh_1,25.10 //

Drinking, wandering, sleeping by day, and idleness are the vices of a woman. // Brh_1,25.11 //

She who is afflicted when he is afflicted, joyful when he is joyful, soiled and thin when he is away, / and who dies when her husband dies, that woman is to be known as a pativratā. // Brh_1,25.12 //

Adornment, dancing and singing, attending assemblies and festivals, / and indulgence in meat and liquor, she should not do when her lord is away. // Brh_1,25.13 //

The wife is remembered as half the body, equal in the fruit of merit and demerit. / A virtuous woman, whether she ascends the pyre or lives o[ntī]n, is for her husband's welfare. // Brh_1,25.14 //

Devoted to vows and fasts, established in chastity, / and always intent on dharma and charity, even a childless woman goes to heaven. // Brh_1,25.15 //

1.25.3 The Prohibition of niyoga

Though stated by Manu, niyoga was forbidden by him himself. / Due to the decline of the age, it is impossible for all to perform it according to the rule. // Brh_1,25.16 //

Men in the Kṛta and Tretā Yugas were endowed with austerity and knowledge. / In the Dvāpara and Kali Yugas, a decline in the power of men has been ordained. // Brh_1,25.17 //

1.26 Partition of Inheritance

What wealth of his own a father gives or is given to his sons, / that is inheritance ..... .... .... // Brh_1,26.1 //

A single female slave should be made to work in each house according to the share. / Many should be given in equal shares; this is also the rule for male slaves. // Brh_1,26.2 //

Water from a well or tank is taken according to need. / Likewise, a dam and a field are divided according to the share. // Brh_1,26.3 //

It should be divided with reason; otherwise, it would be useless. // Brh_1,26.4 //

1.26.1 The Mark of Partition

For those living with a single kitchen, the worship of ancestors, gods, and Brahmins / is one; for those who are divided, it would be in each house. // Brh_1,26.5 //

Bearing witness, standing surety, and giving and taking, / divided brothers may do among themselves, but not undivided ones. // Brh_1,26.6 //

Those heirs among whom these transactions occur in the world, / one should know them to be divided, even without a written document. // Brh_1,26.7 //

The obstruction of family ties, the proof of heinous crime, / the separate wealth of a partition, and the enjoyment of one's own immovable property. // Brh_1,26.8 //

1.26.2 The Time for Partition

In the absence of the parents, the partition of brothers is shown, / when the mother has ceased to menstruate, and the sisters have been given in marriage. // Brh_1,26.9 //

1.26.3 The Order of Partition

In ancestral property, a house or field, the father and sons are equal sharers. / In the father's self-acquired property, the sons are not entitled to a partition against the father's will. // Brh_1,26.10 //

All sons of twice-born men who are born of wives of the same caste, / having given a preferential share to the eldest, the others should divide equally. // Brh_1,26.11 //

By age, learning, and austerity, one indeed obtains a double share of the wealth. / In whatever way the wealth obtained by partition may be used for a sacrifice, / in that way, a greater share should be assigned by the learned. // Brh_1,26.12 //

Their sons, whether of unequal or equal number, are remembered as heirs to their father's share. // Brh_1,26.13 //

In property acquired by the grandfather, whether immovable or movable, / equal ownership is declared for the father and the son. // Brh_1,26.14 //

Whatever shares, equal, less, or more, have been assigned by the father, / they must be observed in that same way; otherwise, they are to be punished. // Brh_1,26.15 //

But in a partition during his lifetime, the father should take two shares for himself. // Brh_1,26.16 //

A twofold partition of heirs is declared: / one according to seniority in age, the other an equal division of shares. // Brh_1,26.17 //

What is acquired by them jointly, all are equal sharers in it. / Their sons, whether of unequal or equal number, are remembered as heirs to their father's share. // Brh_1,26.18 //

The sons who are heirs to the father's property are all equal sharers. / He among them who is devoted to learning and good works deserves to receive more. // Brh_1,26.19 //

For the sake of learning, knowledge, and valor, and in acts of wisdom and charity, / he whose fame is spread here, through him the ancestors have a true son. // Brh_1,26.20 //

The eldest by birth, learning, and qualities should obtain a double share of the inheritance. / The others are equal sharers; he is like a father to them. // Brh_1,26.21 //

In his absence, the mother is an equal sharer with the son's share. / Their mothers are equal sharers, and a daughter has a quarter share. // Brh_1,26.22 //

For unmarried daughters, a fourth part is desired. / For the sons, three parts; but equality is remembered when the wealth is small. // Brh_1,26.23 //

If there are many sons born of one mother, equal in caste and number, / their own property should be divided by them according to the mother's share, according to dharma. // Brh_1,26.24 //

For those of the same caste but of different numbers, a division per capita is praised. / All the grandmothers are declared to be equal to mothers. // Brh_1,26.25 //

Whatever unmarried sisters there are, they must be initiated from the paternal wealth / by their elder brothers, and the maidens according to rule. // Brh_1,26.26 //

Whatever uninitiated younger brothers there may be, / they must be initiated by their elder brothers from the paternal wealth held in common. // Brh_1,26.27 //

He should give sufficient wealth, or a share of a field, as he wishes. // Brh_1,26.28 //

What is received by a married or unmarried daughter, whether in her husband's or father's house, / from her brother or from her parents, is remembered as saudāyika. // Brh_1,26.29 //

Having received saudāyika wealth, independence is desired for women, / because it was given by them for kindness, as a means of livelihood. // Brh_1,26.30 //

In sale and in gift, as she wishes, even in immovable property. / Strīdhana belongs to her offspring, and a daughter is a sharer in it, / if she is unmarried; but if married, she receives a mere token of respect. // Brh_1,26.31 //

A mother's sister, a maternal uncle's wife, a paternal uncle's wife, a paternal aunt, / a mother-in-law, and an elder brother's wife are declared to be equal to a mother. // Brh_1,26.32 //

If they have no legitimate son, nor a daughter's son, / nor his son, their wealth shall go to their sister's sons and others. // Brh_1,26.33 //

1.26.4 The Characteristics of a Son

Even a son of the same caste, if he is devoid of good qualities, is not worthy of the paternal wealth. / It is ordained for those learned Brahmins who offer the funeral cake to him. // Brh_1,26.34 //

A son saves his father from superior and inferior creditors. / Therefore, with one who is the opposite of this, there is no purpose. // Brh_1,26.35 //

What is to be done with that cow which neither gives milk nor is pregnant? / What is the use of a son who is born, who is neither learned nor righteous? // Brh_1,26.36 //

A son who is devoid of knowledge of the treatises, valor, and wealth, destitute of austerity and wisdom, / and lacking in good conduct, is remembered as equal to urine and feces. // Brh_1,26.37 //

1.26.5 The Division Among Sons

Immovable and biped property, even if self-acquired, / without assembling all the sons, there should be no gift and no sale. // Brh_1,26.38 //

Those who are born, those who will be born, those in the womb, and those who are in the father, / all desire that maintenance; therefore, it is not to be taken away. // Brh_1,26.39 //

Household utensils, vehicles, and so on, food, ornaments, and workmen, / being visible, are divided; for what is hidden, a search is ordained. // Brh_1,26.40 //

Sons of a Kshatriya wife take three, two, and one share; sons of a Vaishya wife take two and one share. // Brh_1,26.41 //

Sons of a Brahmin, Kshatriya, Vaishya, and Shudra wife, born of a Brahmin, in order, / should take four, three, two, and one share respectively. // Brh_1,26.42 //

A son born of a Shudra woman by one of the twice-born does not deserve a share of the land. / A twice-born son shall obtain all; thus the dharma is established. // Brh_1,26.43 //

Those sons of theirs who are of the same caste are sharers of a third part. / The inferior ones should live on him, being provided with food and clothing. // Brh_1,26.44 //

All these sons other than the legitimate one are remembered as heirs to the inheritance. / But when a legitimate son is subsequently born, seniority does not reside in them. // Brh_1,26.45 //

What has been given by the paternal grandfather and father, and what by the mother, / that should not be taken away from him, and likewise wealth from valor and the wife's property. // Brh_1,26.46 //

Those by whom it was said that clothes and so on are indivisible, they have not considered well. / For the wealthy, wealth may consist of clothes and ornaments. // Brh_1,26.47 //

Having taken up a written debt .... .... // Brh_1,26.48 //

The stated procedure is to be known for a debt recorded on a document. / It should be divided by declaration; otherwise, it would be useless. // Brh_1,26.49 //

What is held in common and cannot be used for livelihood cannot be given to one person. / It should be divided with reason; otherwise, it would be useless. // Brh_1,26.50 //

Having sold clothes and ornaments, and having collected the written debt, / cooked food is divided by exchanging it for uncooked food. // Brh_1,26.51 //

The profit of one who has acquisition and preservation is divided equally. / And the use of common paths should always be made by the heirs according to their shares. // Brh_1,26.52 //

The son of a Brahmin wife should take the land that has come as a gift to a Brahmin. / All twice-born may take the house, and likewise the ancestral field. // Brh_1,26.53 //

1.26.6 The Rule for Those Partitioned with the Father

Those who are partitioned with the father, whether step-brothers or full brothers, / and those who are born later, they are heirs to the father's share. // Brh_1,26.54 //

The elder son has no claim on the paternal share of a brother born after partition. // Brh_1,26.55 //

What is self-acquired by a father who has partitioned with his sons, / all that belongs to the son born after partition; the elder sons are remembered as having no claim. // Brh_1,26.56 //

As in wealth, so in debt, and in gift, acceptance, and sale, / they have no claim on each other, except for impurity and water-libations. // Brh_1,26.57 //

What was lost of the grandfather's property and recovered by the father through his own ability, / and what was acquired by learning, valor, and so on, ownership in that is remembered as the father's. // Brh_1,26.58 //

He may make a gift and enjoy that wealth at his own will. / In his absence, the sons are declared to be equal sharers. // Brh_1,26.59 //

The father's clothes, ornaments, bed, vehicle, and so on, / having honored them with perfumes and garlands, one should offer them to the one who eats at the śrāddha. // Brh_1,26.60 //

Whatever ornament is worn by women while the husband is alive, / the heirs should not divide it; those who divide it fall. // Brh_1,26.61 //

Clothes and ornaments are enjoyed by the father's grace. // Brh_1,26.62 //

Whether a partition has been made or not, where an heir acts / and proves a common interest, he is a sharer there. // Brh_1,26.63 //

He whose debt, document, house, or field is ancestral, / even if he has been away for a long time, he is entitled to a share upon his return. // Brh_1,26.64 //

He who, having abandoned the common property of the clan, has resorted to another country, / half a share should be given to him upon his return, there is no doubt. // Brh_1,26.65 //

Whether he be the third, fifth, or even the seventh in descent, / if his birth is not unknown, he shall obtain a share in the ancestral property. // Brh_1,26.66 //

He whom all the original inhabitants know by tradition to be the owner, / the land must be given by the clansmen to his descendant who has returned. // Brh_1,26.67 //

For undivided and divided kinsmen living together, / a further partition of inheritance may take place up to the fourth degree; this is the rule. // Brh_1,26.68 //

1.26.7 The Different Kinds of Sons

Sons of many kinds were made by the ancient sages. / They cannot be made now by modern men who are lacking in power. // Brh_1,26.69 //

The legitimate son alone is declared to be the owner of the paternal wealth. / Equal to him is the son of an appointed daughter; the others are remembered as fit to be maintained. // Brh_1,26.70 //

Other sons, such as the son of the field, are sharers of a fifth, sixth, or seventh part. // Brh_1,26.71 //

The adopted son, the cast-off son, the son bought, the son made, and likewise the son by a Shudra woman, / if pure by caste, they are middling; all are remembered as sons entitled to inheritance. // Brh_1,26.72 //

The son of the field is condemned by the good, and likewise the son of a remarried woman, / the son of an unmarried maiden, the son received with the bride, the secretly born son, and the son of an appointed daughter. // Brh_1,26.73 //

The son by a Shudra woman, the self-given son, and those who are remembered as bought, / all of them are called friends, kāṇḍapṛṣṭha, there is no doubt. // Brh_1,26.74 //

He who, having turned his back on his own family, goes to another's family, / by that misconduct he is a kāṇḍapṛṣṭha, there is no doubt. // Brh_1,26.75 //

Having worshipped Agni and Prajāpati, she is made so, said Gautama. / But others say that for a sonless man, an appointed daughter is thought of. // Brh_1,26.76 //

Thirteen sons have been stated by Manu of old. / The cause of lineage among them are the legitimate son and the appointed daughter. // Brh_1,26.77 //

Just as oil is remembered by the good as a substitute in the absence of ghee, / so are the eleven sons in the absence of the appointed daughter's son and the legitimate son. // Brh_1,26.78 //

If there are many full brothers born of one mother, / when a son is born to even one of them, all of them are remembered as having sons. // Brh_1,26.79 //

For many wives of one husband, this same rule is remembered. / If one of them has a son, he is the offerer of the funeral cake for all of them. // Brh_1,26.80 //

Because a son saves his father from the hell called Put, / one should strive for his birth, even for the mere sight of his face. // Brh_1,26.81 //

The grandson and the son of an appointed daughter both cause the attainment of heaven. // Brh_1,26.82 //

In inheritance and in the offering of the funeral cake, those two are declared to be equal. // Brh_1,26.82 //

And, at will, to the brother who is the son of a Shudra concubine, they should give a mere token of respect after the father's death, if he is obedient (?). // Brh_1,26.83 //

For food, a prastha of rice with fuel should be given in the afternoon; and one garment, bought for three paṇas, should be given every three months. // Brh_1,26.84 //

1.26.8 The Widow's Share

This much only is prescribed as the wealth of virtuous widows. // Brh_1,26.85 //

Having deducted the cost of clothing and food, and likewise of the washerman, the remainder of that wealth should be assigned to the heirs. // Brh_1,26.86 //

Of a sonless man, the wife of good family, or the daughters, are the heirs; in their absence, the father, mother, brother, and his sons are declared. // Brh_1,26.87 //

A son of whatever kind should be made with effort by a sonless man, for the sake of the funeral cake and water rites, and for the proclamation of his name in dharma. // Brh_1,26.88 //

The ancestors, fearing a fall into hell, long for sons, thinking: "Someone who will go to Gayā, he will save us." // Brh_1,26.89 //

Just as a man crossing water with a bad raft sinks, so a father with a bad son sinks into blinding darkness. // Brh_1,26.90 //

He will perform the bull-releasing ceremony and likewise sacrifices and charitable works, he will protect me in old age, and will give the śrāddha daily. // Brh_1,26.91 //

1.26.9 The Wife's Share

In the Veda, in the treatises of Smṛti, and in worldly custom, by the wise, the wife is remembered as half the body, equal in the fruit of merit and demerit. // Brh_1,26.92 //

He whose wife has not died, half his body lives; while half the body is living, how can another obtain the wealth? // Brh_1,26.93 //

Even while kinsmen, father, brother, and agnates exist, of a sonless man who has died, the wife is the sharer of his portion. // Brh_1,26.94 //

When the husband who maintained the sacred fire has died before her, his wealth a devoted wife shall obtain; this is the eternal dharma. // Brh_1,26.95 //

Dying before, she takes the fire; ascending the pyre after, she takes away sin. In the absence of a son, the wife shall be the heir; in the absence of a wife, a full brother; in his absence, an heir; afterwards, the wealth goes to the daughter's son. // Brh_1,26.96 //

Having taken the movable and immovable property, gold, silver, grain, liquids, and clothes, she should cause the monthly, six-monthly, and other śrāddhas to be offered. // Brh_1,26.97 //

She should honor paternal uncles, venerable persons, daughter's sons, sister's husbands, and maternal uncles with offerings to ancestors and charitable works, and also the aged, guests, and women. // Brh_1,26.98 //

Whatever of the divided property is remembered from the rule of pledge and so on, that a widow shall obtain, excepting immovable property. // Brh_1,26.99 //

Even if of good conduct, and even when a share is made, a woman does not deserve immovable property. If a widow is young and the woman becomes unruly, then maintenance should be given for the purpose of spending her life. // Brh_1,26.100 //

When the husband is dead, a woman who protects the family shall obtain her husband's share, but for as long as she lives, she has limited ownership in respect of gift, mortgage, and sale. // Brh_1,26.101 //

A woman who is bought for a price for the purpose of enjoyment by one desiring a son, or who is taken from another, she is also called a wife. // Brh_1,26.102 //

But he should give either the funeral cake or a share of the field, at will. // Brh_1,26.103 //

The maintenance from immovable property which was given to women by a father-in-law, that cannot be taken away by others when the father-in-law is dead. // Brh_1,26.104 //

Those sapindas and kinsmen who are hostile to her and harm her wealth, the king should have them punished with the punishment of a thief. // Brh_1,26.105 //

1.26.10 Partition Among Reunited Co-heirs

Those two who have reunited out of affection are sharers of each other's property. Those brothers who, having partitioned, live together in one place out of affection, when a re-partition is made, seniority does not exist for them. // Brh_1,26.106 //

If one of them should die at any time, or become an ascetic in any way, his share is not lost; it is ordained for his full brother. // Brh_1,26.107 //

His sister is entitled to receive a share from that; this is the dharma for a childless man who is without a wife or father. // Brh_1,26.108 //

Whether she is married or unmarried, when her full brother has died, she alone shall take his share, for the reason is clear for both. // Brh_1,26.109 //

Whoever is the nearest among the sapindas, his shall be the wealth. // Brh_1,26.110 //

If one dies childless and wifeless, without brother, father, or mother, all the sapindas shall divide that inheritance according to their shares. // Brh_1,26.111 //

Among reunited co-heirs, whoever acquires wealth through learning, valor, and so on, a double share should be given to him; the rest are equal sharers. // Brh_1,26.112 //

He who, having been partitioned, again lives in one place with his father, brother, or paternal uncle out of affection, he is called a reunited co-heir. // Brh_1,26.113 //

Full brothers shall divide that, having come together jointly and equally, those brothers who are reunited, and sisters of the same womb. // Brh_1,26.114 //

Among whom, if the eldest or youngest is deprived of his share, or if one of them dies, his share is not lost. // Brh_1,26.115 //

.... .... a full brother of a full brother should give and take the share of one who is born and one who is dead. // Brh_1,26.116 //

A reunited half-brother shall not take the wealth from another half-brother; a full brother, even if not reunited, shall take it, but not one born of another mother. // Brh_1,26.117 //

For those whose fathers are dead, the division of shares is through the father. // Brh_1,26.118 //

For those Kshatriyas, Vaishyas, and Shudras who are sonless and devoid of wife and brother, the king is the taker of their wealth, for he is the lord of all. // Brh_1,26.119 //

1.26.11 The Special Rule for Sons According to Caste

A son born of a Kshatriya wife by a Brahmin, who is eldest by birth and endowed with good qualities, shall be an equal sharer with a Kshatriya son; and likewise a son born of a Vaishya wife. // Brh_1,26.120 //

Land received as a gift should not be given to a son of a Kshatriya or other wife; even if their father should give it, upon his death the son of the Brahmin wife shall take it. // Brh_1,26.121 //

A son born of a Shudra woman by one of the twice-born does not deserve a share of the land; a son of the same caste shall obtain all; thus the dharma is established. // Brh_1,26.122 //

A Niṣāda who is the only son of a Brahmin is a sharer of a third part; two parts the kinsmen or sapindas, or the offerer of the funeral oblation, shall take. // Brh_1,26.123 //

In the absence of kinsmen, the offerer of the funeral oblation, the preceptor, or the pupil shall take it. In all calamities, one should support those castes in the same way. // Brh_1,26.124 //

A virtuous man born of a Shudra woman who serves a childless man shall obtain a livelihood; the remainder the sapindas shall obtain. // Brh_1,26.125 //

1.26.12 The Daughter's Right to Inheritance

The wife is the taker of the husband's wealth; without her, the daughter is remembered as the heir. // Brh_1,26.126 //

Like a son, the daughter of men is born from limb to limb; therefore, how can another man take the father's wealth? // Brh_1,26.127 //

In her absence, the daughter, if she is unmarried, shall take it; in the absence of a son's and grandson's lineage, the daughter's sons shall obtain the wealth. // Brh_1,26.128 //

As is the self, so is the son; the daughter is equal to the son. While she, who is his very self, exists, how can another take the wealth? // Brh_1,26.129 //

In the world, there is no difference between a grandson and a daughter's son according to dharma. By this very rule, he made a son and then an appointed daughter. // Brh_1,26.130 //

A male is born when the male seed is greater; a female is born when the female's is greater. // Brh_1,26.131 //

A virtuous woman of equal caste, married to one of equal caste, and devoted to service, whether appointed or not, she is the taker of the wealth of her father who has no son. // Brh_1,26.132 //

Just as she has ownership in her father's wealth, even when kinsmen exist, so also her son is master of his maternal grandmother's and grandfather's wealth. // Brh_1,26.133 //

In their absence, brothers, brother's sons, agnates, kinsmen, relatives, pupils, and Śrotriyas are entitled to the wealth. // Brh_1,26.134 //

1.26.13 The Division of a Sonless Man's Wealth

Of a son who has no offspring, the mother shall obtain the inheritance. Of a son who has died devoid of wife and son, the mother is to be known as the taker of the inheritance, or the brother with her permission. // Brh_1,26.135 //

In the absence of a son, the wife shall be the heir; in the absence of a wife, a full brother; in his absence, an heir; afterwards, the wealth goes to the daughter's son. // Brh_1,26.136 //

From the acquired wealth, half should be set aside separately for that purpose, for the monthly, six-monthly, or annual śrāddha, with effort. // Brh_1,26.137 //

Where there are many agnates, and likewise kinsmen and relatives, whoever is the nearest among them, he shall take the wealth of the sonless man. // Brh_1,26.138 //

A brother or a brother's son, a sapinda or a pupil, having performed the funeral cake rite together, should then perform the rite for prosperity. // Brh_1,26.139 //

He who, having made a partition by his own will, again disputes it, he should be established in his own share by the king and punished as a persistent offender. // Brh_1,26.140 //

In the denial of a common debt or deposit, having performed a fraudulent act causing loss to the other party, one should not make him pay by force. // Brh_1,26.141 //

Deceitful men who hold wealth, and men who are cruel and greedy, they should be dealt with through conciliation, or by a loss of one's own interest, or by a trick. // Brh_1,26.142 //

Heinous crime, ownership of immovable property, and a prior partition of heirs, should be known by inference where there are no witnesses. // Brh_1,26.143 //

1.26.14 The Actions of the Partitioned

These actions of theirs proceed in the world among their own heirs; one should know them to be partitioned, even without a written document. // Brh_1,26.144 //

And rites such as the Vaiśvadeva must be done by the undivided. // Brh_1,26.145 //

Persistence in force, obstruction, stolen goods indicating heinous crime, one's own enjoyment of immovable property, and separate wealth from partition. // Brh_1,26.146 //

Those who have separate income, expenditure, and wealth, and practice money-lending among themselves, and who engage in trade, they are partitioned, there is no doubt. // Brh_1,26.147 //

A document of proclamation should be made by partitioned brothers among themselves, or irreproachable witnesses should be appointed by those dividing, to prevent disputes. // Brh_1,26.148 //

Whatever share has been enjoyed by a person, one should not disturb that for him. // Brh_1,26.149 //

1.27 Gambling

Gambling was forbidden by Manu as it destroys truth, purity, and wealth; but it was permitted by others, accompanied by a share for the king. // Brh_1,27.1 //

It should be conducted under the supervision of a gambling-hall manager, for the purpose of identifying thieves. This same rule is to be known for Animal Contests. // Brh_1,27.2 //

1.27.1 The Livelihood of the Gambling-Hall Manager

The gambling-hall manager is the collector there; he should give to the victor and to the king. The king's share is from the gambler; from the gambling-hall manager, it is ten percent. // Brh_1,27.3 //

Or it may be according to agreement. .... .... // Brh_1,27.4 //

1.27.2 The Victory and Defeat of the Owner

In a duel, whoever suffers defeat, the stake which was stipulated there must be paid by his owner. // Brh_1,27.5 //

One defeated in secret, and one who is unskilled, by false dice or by deceit, is to be released; even for a skilled player, all that was won of his entire property is not to be paid. // Brh_1,27.6 //

1.27.3 The Punishment for Fraudulent Gambling

Wicked men who play with false dice, and those who withhold the king's share, and those who cheat in counting—those gamblers are remembered as punishable. // Brh_1,27.7 //

The stake should be taken openly; fraudulent gamblers are to be banished. But in case of killing, the perpetrator shall receive a varied execution. // Brh_1,27.8 //

1.27.4 The Decision in a Doubtful Victory or Defeat

He himself is the witness when there is doubt, surrounded by three other assessors. When there is doubt for both parties, the gamblers are the examiners. // Brh_1,27.9 //

But when they are hostile, then the king should investigate. // Brh_1,27.10 //

Thus the king should examine daily the disputes brought by litigants, and likewise other matters dependent on the king, along with learned Brahmins. // Brh_1,27.11 //

1.28 Animal Contests

When birds, rams, bulls, and so on, set against each other, fight after a stake has been made, that they call an Animal Contest. // Brh_1,28.1 //

In a duel, whoever suffers defeat, the stake which was stipulated there must be paid by his owner. // Brh_1,28.2 //

1.29 Miscellaneous Provisions

This legal procedure initiated by litigants has been declared in brief; I shall now declare the miscellaneous legal procedure which is dependent on the king. // Brh_1,29.1 //

Verbal censure, reprimand, fine, and capital punishment—the fourfold punishment has been devised. Having known the person, the fault, and his means, one should apply it. // Brh_1,29.2 //

One deserving death deserves a fine of one hundred suvarṇas; for cutting off a limb, half of that; for banishment, twenty-five. // Brh_1,29.3 //

Hand, foot, penis, eye, tongue, ears, and nose, tongue, half of the foot, pincers, forehead, lip, anus, and hip. // Brh_1,29.4 //

These fourteen places of punishment have been declared. For a Brahmin, branding on the forehead is ordained; no other punishment. // Brh_1,29.5 //

One should restrain the unrighteous with effort by three methods: by confinement, by binding, and by various kinds of fear. // Brh_1,29.6 //

When one is not able to restrain them even by piercing, then one should apply all these four methods to them. // Brh_1,29.7 //

One should first apply verbal punishment, and after that, reprimand; the third is a monetary fine, and after that, capital punishment. // Brh_1,29.8 //

And all places of confinement one should place on the royal road, where the afflicted and disfigured evil-doers may be seen. // Brh_1,29.9 //

He should take a tenth part, a fifth, or all of the wealth. One who is not a kinsman and cremates the body should take from the wealth of the deceased. // Brh_1,29.10 //

A tenth for one with many protectors, a fifth for one with few; all of it for one without son, father, or wife—thus says Śaunaka. // Brh_1,29.11 //

A sixth part and a ferry toll should be given upon passage. A betrayer in battle or to thieves, and one who destroys crops. // Brh_1,29.12 //

Non-performance of penances, transgression of a command or prohibition, the violation of the rules of caste and life-stage, and the violation of the rules against the mixing of castes. // Brh_1,29.13 //

Treasure troves, heirless property, the acquisition of wealth by the poor, matters not mentioned in the treatises, and the procedures of litigants. // Brh_1,29.14 //

The agitation of the constituent elements of the state, and mutual agreements, and whatever is not prescribed by the sacred treatises and is declared among the people. // Brh_1,29.15 //

A re-examination is permitted upon the impeachment of witnesses, assessors, and those in distress; but for those defeated by their own words, the rule of a retrial is not stated. // Brh_1,29.16 //

Because it is connected to the meaning of the Veda, the pre-eminence of Manu is remembered. A Smṛti that is contrary to the meaning of Manu is not to be praised. // Brh_1,end //