Chapter 4

Deliberation on the Relative Strength of Sacred Law, Legal Procedure, Custom, and Royal Edicts

When, in a dispute, the wrongdoer admits his action and the owner of the wealth obtains his property, that decision is made by sacred law (Dharma) alone. // K_035 //

Whatever scripture of the Smṛtis has been promulgated by the establishers of sacred law for the purpose of deciding cases, that is known as legal procedure (vyavahāra). // K_036 //

Whatever is practiced by anyone, whether righteous or unrighteous, is declared to be custom (caritra), because it is the constant practice of a region. // K_037 //

The righteous rule that a king establishes, which is not in conflict with the science of logic and the customs of the region, is a royal edict (rājaśāsana). // K_038 //

Where a case is based on reasoning and divine proof is excluded, there sacred law is superseded by legal procedure, and not otherwise. // K_039 //

In the case of those born of mixed unions against the natural order and those living in fortresses, their established practice is said to be contrary; one should not disturb that rule. // K_040 //

When a sovereign makes a decision according to that rule (custom), then legal procedure is superseded by that custom. // K_041 //

But when a custom is established by kings that is contrary to reason, then that custom should be set aside by a royal command. // K_042 //

Whatever subsequent rule supersedes a prior one according to this principle is proper. Where supersession occurs otherwise, there sacred law is violated. // K_043 //

A king's own decree, when a scriptural rule exists, does not lead to heaven, causes the ruin of the world, brings fear of enemy armies, and destroys life and progeny. // K_044 //

Therefore, a king should settle matters in accordance with the sacred texts. In the absence of a scriptural rule for all, he should decide based on regional custom. // K_045 //

The law of a particular region which has been in practice for all time and is not in conflict with the Vedas and Smṛti, is called regional custom (deśadṛṣṭa). // K_046 //

For those dwelling in regions, towns, cattle-pens, cities, and villages, their own conventions constitute their law, separate from the sacred texts, when dealing with each other. // K_047 //

A regulation that is established with the consent of the region should always be kept in writing and sealed with the royal seal. // K_048 //

It should be protected with care like a sacred text, and decisions should be made by examining it. Whatever is established in writing as the practice for guilds... // K_049 //

Therefore, that should be followed, and one should not act otherwise. What is established as authoritative regional custom, thus it is determined. // K_050 //

Where a practice, previously not in use, is established and is approved by the Vedas and Smṛti, it should not be altered again. What is contrary to reason should be rejected. // K_051 //