Nāradasmṛti

Mātṛkā 1

[Legal Procedure]

When men were devoted solely to Dharma and were speakers of truth, then there was no legal procedure, nor hatred, nor envy. (Nar. M1.1)

When Dharma was lost among men, legal procedure was introduced; and the king was made the wielder of the rod of punishment and the overseer of disputes. (Nar. M1.2)

The written document and witnesses are declared to be the two methods for clarifying a matter of doubt between two disputing parties. (Nar. M1.3)

It is known to have two aspects: that with a wager and that without. That with a wager is where there is an additional stake agreed upon before the written plaint. (Nar. M1.4)

In a dispute with a wager, whichever of the two parties is defeated must pay the stake he himself set, and a fine upon his defeat. (Nar. M1.5)

The essence of legal procedures is said to be the formal claim. If it fails, the plaintiff is defeated; by proving it, he becomes the victor. (Nar. M1.6)

Clans, guilds, corporations, and the appointed king are the foundations for legal procedures; each succeeding one is superior to the one before. (Nar. M1.7)

It is said to have four feet, four locations, four means of success, and to be beneficial to four, to pervade four, and to have four actions. (Nar. M1.8)

It has eight limbs, eighteen topics, and likewise a hundred branches. It has three origins, two types of suits, two doors, and two courses. (Nar. M1.9)

Dharma, legal procedure, custom, and royal edict—this legal procedure has four feet; each succeeding one overrules the preceding one. (Nar. M1.10)

Therein, Dharma is based on truth; legal procedure on witnesses; custom on what is recorded by the people; and the royal edict on the king's command. (Nar. M1.11)

Because it is accomplished through the means of conciliation and so forth, it is called "having four means." Because it protects the four stages of life, it is "beneficial to four." (Nar. M1.12)

Because it pervades the parties, the witnesses, the court assessors, and the king, each in its own part, it is therefore remembered as "pervading four." (Nar. M1.13)

Because it performs four things—Dharma, wealth, fame, and the support of the people—it is declared to be "having four actions." (Nar. M1.14)

The king with his officers, the court assessors, the sacred law, the accountant and the scribe, gold, fire, and water—it is declared to have these eight limbs. (Nar. M1.15)

Non-payment of debt, deposits, partnership, and the resumption of a gift; also, refusal to render service after agreeing to it. (Nar. M1.16)

Non-payment of wages, and likewise sale by one who is not the owner; non-delivery of a sold article, and rescission of a purchase. (Nar. M1.17)

Breach of an agreement, and likewise disputes concerning land; the relationship between man and woman, inheritance, and then crimes of violence. (Nar. M1.18)

Verbal assault is likewise stated, and physical assault as well; gambling and miscellaneous matters—thus it is remembered as having eighteen topics. (Nar. M1.19)

The further division of these is remembered as one hundred and eight. Due to the variety of human actions, it is said to have a hundred branches. (Nar. M1.20)

Because it arises from three sources—lust, anger, and greed—it is declared to have three origins; these three cause disputes. (Nar. M1.21)

A suit is known to be of two kinds: arising from suspicion and arising from fact. Suspicion arises from association with the wicked; fact from the discovery of stolen goods and the like. (Nar. M1.22)

From its connection with two parties, it is said to have two doors. The first statement is the plaint of one party; the reply to it is the counter-plaint. (Nar. M1.23)

Because it follows the course of truth and subterfuge, it is said to have two courses. Truth is that which is connected to the real meaning; subterfuge is what is stated through error. (Nar. M1.24)

Therein, a king who is a promoter of Dharma should forgive a subterfuge that has been admitted. He should adhere only to the truth, for prosperity is rooted in Dharma. (Nar. M1.25)

For a king of purified soul who settles legal disputes according to Dharma, seven virtues arise, like the seven flames of a fire. (Nar. M1.26)

Dharma, wealth, fame, popular support, favor, high esteem from his subjects, and an eternal place in heaven. (Nar. M1.27)

Therefore, having ascended the throne of justice, the king, free from envy, should be impartial to all beings, observing the vow of Yama. (Nar. M1.28)

Putting the Dharmaśāstra first, and abiding by the opinion of the chief judge, he should, with a concentrated mind, examine the legal disputes in due order. (Nar. M1.29)

First, the source of law should be considered, then the topic of litigation, then the investigation, and finally the decision; the examination is thus fourfold. (Nar. M1.30)

He should conduct the course of a legal proceeding by examining it skillfully, following a path that does not conflict with the Dharmaśāstra and the Arthaśāstra. (Nar. M1.31)

Just as a hunter tracks a wounded deer by the trail of blood in the thicket, so should one trace the path of justice by its clues. (Nar. M1.32)

Where there is a conflict between the Dharmaśāstra and the Arthaśāstra, one should discard the rule of the Arthaśāstra and follow the rule of the Dharmaśāstra. (Nar. M1.33)

But where there is a conflict with a rule of Dharmaśāstra, a legal custom, if supported by reason, is powerful, and Dharma is overruled by it. (Nar. M1.34)

For the blessed Dharma is subtle, hidden, and difficult to ascertain. Therefore, one should conduct the course of a legal proceeding by the visible path. (Nar. M1.35)

Even a non-thief may acquire the character of a thief, and a thief may acquire the character of a non-thief. Māṇḍavya, though not a thief, acquired the character of one through legal procedure. (Nar. M1.36)

Legal proceedings conducted concerning women, at night, outside the village, inside a house, or with enemies—even if decided, these may be reopened. (Nar. M1.37)

Due to the complexity of disputes and the fallibility of memory, one may take time in cases of debt and the like, if one desires to ascertain the truth. (Nar. M1.38)

But in cases concerning cattle, land, gold, women, theft, assault, matters of urgency, crimes of violence, and defamation, one should decide the dispute immediately. (Nar. M1.39)

He who proceeds in a doubtful matter without first informing the king shall be forcibly punished, and his object shall not be achieved. (Nar. M1.40)

A plaintiff should restrain a defendant who does not stand to state his case or who evades his words, until the summons is presented. (Nar. M1.41)

Restraint may be of place, of time, from travel, or from work. Restraint is said to be of four kinds; one who is restrained should not transgress it. (Nar. M1.42)

When crossing a river, in a wilderness, in a dangerous region, or during a calamity, a restrained person who transgresses that restraint commits no offense. (Nar. M1.43)

He who, being restrained, transgresses the restraint during the period of restraint, shall be punished. If the restrainer acts otherwise, he shall be liable to punishment. (Nar. M1.44)

One who is about to marry, one who is sick, one who is about to perform a sacrifice, one who is in distress, one who is accused by another, and one engaged in the king's service; (Nar. M1.45)

Cowherds while their cattle are grazing, cultivators at the time of harvesting, artisans at their work, and soldiers during a battle; (Nar. M1.46)

One who is not yet of legal age, an envoy, one about to make a gift, one under a vow, and one in a difficult position are not to be restrained, nor should the king summon them. (Nar. M1.47)

One who is accused should not bring a counter-suit against another before clearing himself of that matter. Nor is it right to accuse one who is already accused by another. (Nar. M1.48)

One should not alter the matter of the suit one has brought. One should not shift to another plea; by shifting, one loses the former case. (Nar. M1.49)

And one should not bring a false suit. The penalty for a false accuser is that the fine prescribed in that case shall fall upon the plaintiff. (Nar. M1.50)

Wasting time with pretexts, not speaking in the assembly, and contradicting one's own statement are the marks of a losing party. (Nar. M1.51)

He who flees when summoned, or who, having appeared, does not dispute, shall be punished by the king; he is defeated in the suit by that very fact. (Nar. M1.52)

In cases that have been decided, proof is of no avail, whether it be a document or witnesses, if it was not presented earlier. (Nar. M1.53)

Just as the benefits of the rainy season are fruitless for ripened grain, so is proof fruitless for legal disputes that have been decided. (Nar. M1.54)

Even an untrue statement, if made at the proper time, is examined. But that which is not stated due to negligence, even if true, is lost. (Nar. M1.55)

He who thinks that a case has been decided and instructed contrary to Dharma may, upon paying a double fine, have that case reopened. (Nar. M1.56)

In a case wrongly decided, the court assessors shall incur that same penalty. For no one ever stays on the right path without punishment. (Nar. M1.57)

A court assessor who speaks otherwise out of passion, ignorance, or greed, should be known as an unworthy assessor; the king should punish him severely. (Nar. M1.58)

But the king, especially, while protecting his own Dharma, must examine the honesty or dishonesty of men, due to the diversity of the human mind. (Nar. M1.59)

There are men who, out of greed, would give false testimony. And there are other wicked-minded people who create forged documents. (Nar. M1.60)

Therefore, both of these must be examined by the king with special care: a written document according to the rules for documents, and witnesses according to the rules for witnesses. (Nar. M1.61)

Untrue things appear true, and true things appear untrue; various states of affairs are seen. Therefore, examination is proper. (Nar. M1.62)

The sky appears like a surface, a firefly like a fire. But there is no surface in the sky, nor is there fire in a firefly. (Nar. M1.63)

Therefore, even a matter seen with one's own eyes should be properly examined. By making matters known after examination, one does not deviate from Dharma. (Nar. M1.64)

A king who thus always examines legal disputes with a concentrated mind spreads his brilliant fame here on earth and attains the world of the sun. (Nar. M1.65)

Mātṛkā 2

(Mātṛkā 2 is found only in manuscript P.)

[The second chapter of the mātṛkā included in Jolly's edition and translation is not to be part of the original Nāradasmṛti (see the Introduction to the text). Its translation is given in the Appendix.]

[The Plaint]

A plaintiff, having well-ascertained the strength of his case and being prompted by his own interest, should have the first plaint written down, being certain of the matter to be accomplished. (Nar. M2.1)

The defendant, having heard the contents of the first plaint, should then submit his counter-plaint, which is connected to the substance of the first plaint. (Nar. M2.2)

He may be granted until the next day to write it, or three days, or even a week. But in the third stage of the proceeding, a plaintiff who is in the right is certain to win immediately. (Nar. M2.3)

A denial, an admission, a special plea, or a plea of former judgment—the reply may be of four kinds. (Nar. M2.4)

"This is false," "I do not know of it," "I was not present there at that time," "I was not yet born at that time"—thus, a denial is of four kinds. (Nar. M2.5)

A denial, a contrary statement, a repetition of words, and a connection to the substance of the first plaint—the reply may be of four kinds. (Nar. M2.6)

Until the defendant submits his reply to the plaint, the plaintiff may have written down whatever matter he wishes to state. (Nar. M2.7)

A document that states a different matter, is devoid of substance, lacks proof or a legal basis, or is deficient, excessive, or corrupted—these are declared to be defects of a plaint. (Nar. M2.8)

What is receivable by a certain person from a certain person, he should obtain from that person. But not another person, another thing, or from another person—this is the threefold nature of "stating a different matter." (Nar. M2.9)

"Even in my mind, I was regarded like an enemy by your friend here. Therefore, otherwise with great forbearance, I have made this complaint to you." (Nar. M2.10)

That which is deficient in the amount of the object, and lacks mention of the fruit or the basis, is a defect in a document called "lacking proof"; one should reject it. (Nar. M2.11)

One should avoid the defect of "lacking a legal basis" in the first stage of the proceeding. A suit of one against many is contrary to the custom of the city and the kingdom. (Nar. M2.12)

In dots, letters, or words, by a single error of arrangement (?), a plaint becomes deficient or excessive and thus meaningless; one should avoid it with care. (Nar. M2.13)

A corrupted plaint is one that is in a bad state, damaged by water, oil, and the like. Even if it is clear in the plaint, one should avoid it if its meaning is not clear. (Nar. M2.14)

A plaint is not true, even if it is well-established, if it deviates from the fixed, practical Dharma. (Nar. M2.15)

"It was given to him by me while he was on the Gandhamādana mountain." This is external to practical Dharma and cannot be established. (Nar. M2.16)

By the insertion of different letters and by conveying a different meaning, the presentation of the case becomes confused, and the legal action becomes confused as well. (Nar. M2.17)

Whatever a litigant, agitated by one of the passions, may say at the beginning of the proceeding, all that should be written down on a board or the like. (Nar. M2.18)

For the sake of clear understanding, what has been well-considered by the dispensers of justice should be retained; the rest should be removed from the board of the litigant. (Nar. M2.19)

What is agreed upon by both litigants and the remainder that is on the board, they should write down with witnesses, and also the admission of the litigants. (Nar. M2.20)

Whatever is remembered again by the litigant after the writing is complete, that is called a "re-statement" and is written down in his own part of the record. (Nar. M2.21)

Whether appointed by the plaintiff or sent by the defendant, whoever disputes on behalf of another, the victory and defeat belong to them. (Nar. M2.22)

One who is not a brother, nor a father, nor a son, nor an appointed agent, who pleads for another, shall be punished, even if he speaks in a legal proceeding. (Nar. M2.23)

He who, having abandoned his original plea, takes up another one, is to be known as a defeated litigant due to this shifting of the plea. (Nar. M2.24)

In all disputes, one is not defeated by a mere slip of the tongue. In cases of cattle, women, land, and non-payment of debt, even if punishable, one does not lose the object of the suit. (Nar. M2.25)

If the accused denies the accusation, the accuser must provide proof, unless the accused has made a special plea. (Nar. M2.26)

What was written in the first stage, letter for letter and in its entirety, the plaintiff must prove by evidence in the third stage. (Nar. M2.27)

Evidence is said to be of two kinds: human and divine. Human evidence consists of documents and witnesses; divine evidence is remembered as the ordeal by balance and so on. (Nar. M2.28)

When a legal matter is conducted in the daytime, in villages or cities, and when witnesses are available, divine evidence is not to be used. (Nar. M2.29)

In a forest, in a deserted place, at night, inside a house, in cases of violence, and in the denial of a deposit, divine evidence is possible. (Nar. M2.30)

When the first plaint is contradicted by an admission of the cause, the burden of proof falls on the accused, and it should be understood as being like the first plaint. (Nar. M2.31)

He who flees when summoned, he who remains silent, he who is defeated by witnesses, and he who confesses of his own accord—these are the four kinds of defeated persons. (Nar. M2.32)

One who changes his plea, one who is averse to producing evidence, one who does not appear, one who gives no answer, and one who flees after being summoned—the defeated litigant is remembered as being of five kinds. (Nar. M2.33)

Gems such as rubies, gold items like dinars, pearls, coral, conch shells, and so on, if found to be counterfeit, revert to the owner. (Nar. M2.34)

Perfumes and garlands not given, as well as ornaments or clothing, and shoes—if declared by the king as his, one who wears them deserves death. (Nar. M2.35)

The price of merchandise, wages, a deposit, a fine, and what is embezzled, as well as gratuitous gifts and gambling stakes, do not increase with interest if not claimed. (Nar. M2.36)

Those of Śūdra origin who bring false accusations against twice-born men, the king should have their tongues cut out and have them impaled on a stake. (Nar. M2.37)

A command, a letter, a title-deed, a grant, a pledge, a bill of sale, or a purchase—he who first makes a report to the king, his claim should be known as the prior claim by those who know the law. (Nar. M2.38)

When witnesses are challenged, the first step is to clear the original witnesses. After the witnesses are cleared, the testimony should then be examined. (Nar. M2.39)

For those defeated by witnesses or by the court assessors, a review is possible upon challenging them. But for those convicted by their own conduct, there is no provision for a new trial. (Nar. M2.40)

Even one who has confessed of his own accord, or is convicted by his own conduct, or is defeated by evidence, may still be entitled to a final determination by the court assessors. (Nar.M2.41)

The decision of the case must be made by the court assessors after dismissing the parties. If the decision is made without dismissing them, there will be conflict in this world and the next. (Nar. M2.42)

He who is defeated by the court assessors should afterwards be punished by the king according to his own law. And to the victor should be given a duly prepared certificate of victory. (Nar. M2.43)

This is the introduction to legal procedure, first declared by the Self-existent One. For if the introduction is sound, the legal procedure will be sound, and not otherwise. (Nar. M2.44)

Mātṛkā 3

[The Court Assembly]

An appointed person must speak words that are free from partiality. (Nar. M3.1)

A court assessor who speaks what is proper incurs neither hatred nor sin. But a court assessor who speaks otherwise incurs both of these. (Nar. M3.2)

The king should appoint virtuous court assessors who have been well-tested and who are capable of bearing the yoke of legal procedure like good oxen. (Nar. M3.3)

Learned in Dharmaśāstra and Arthaśāstra, of noble birth, truthful, and impartial towards friend and foe—such should be the king's court assessors. (Nar. M3.4)

Dharma is remembered as being founded on them, and the king is rooted in Dharma. Therefore, the king, together with virtuous men, should purify legal disputes. (Nar. M3.5)

When legal disputes are purified, the court assessors become pure. And their purity comes from Dharma; therefore, one should speak only Dharma. (Nar. M3.6)

Where Dharma is slain by adharma, and truth by untruth, while the court assessors look on, they too are slain there. (Nar. M3.7)

When Dharma, wounded by adharma, enters the court, and the shaft is not extracted from it, the court assessors there are wounded. (Nar. M3.8)

Either one should not enter the court assembly, or one must speak what is right. By not speaking or by speaking falsely, a man becomes sinful. (Nar. M3.9)

Those court assessors who, having entered the assembly, sit meditating in silence and do not speak as the case requires, are all speakers of untruth. (Nar. M3.10)

A quarter of the adharma goes to the perpetrator, a quarter goes to the witness, a quarter goes to all the court assessors, and a quarter goes to the king. (Nar. M3.11)

The king becomes free from guilt, and the court assessors are absolved, when the one deserving of censure is censured; the sin goes to the perpetrator. (Nar. M3.12)

He who, having gone to the court, speaks without regard for the consequences, due to a distortion of the matter, is like a blind man who eats fish along with the bones. (Nar. M3.13)

Therefore, a court assessor, having entered the assembly, free from passion and hatred, should speak such words that he does not fall into hell. (Nar. M3.14)

Just as a skilled surgeon extracts a splinter with tools and technique, so should the chief judge extract the splinter from the legal dispute. (Nar. M3.15)

Where all the people in the assembly think, "This is right," that dispute is free from its splinter; otherwise, it remains with its splinter. (Nar. M3.16)

That is not a true assembly where there are no elders. Those are not elders who do not speak Dharma. That is not Dharma in which there is no truth. That is not truth which is permeated by deceit. (Nar. M3.17)

The Topics of Litigation

1. Non-payment of Debt

What debt is to be paid and what is not, by whom, where, and how it is to be paid, and the rules of giving and taking—this is remembered as "Non-payment of Debt." (Nar. 1.01)

When the father is deceased, the sons should pay the debt according to their shares, whether they are divided or undivided in property, or whoever takes on that responsibility. (Nar. 1.02)

A debt incurred by an undivided paternal uncle or brother, or by the mother for the sake of the family, all the heirs must pay. (Nar. 1.03)

A debt of the grandfather, which has come down in due succession and has not been paid by the sons, the grandsons shall pay; it ceases with the fourth descendant. (Nar. 1.04)

Fathers desire sons for their own sake, thinking, "This one will release me from my creditors and debtors." (Nar. 1.05)

Therefore, a father must be diligently freed from debt by his son, once born, setting aside his own interest, so that he does not fall into hell. (Nar. 1.06)

If an ascetic or a keeper of the sacred fire dies in debt, both his ascetic merit and his sacred fire become the property of the creditor. (Nar. 1.07)

A father need not pay his son's debt, but a son must pay his father's debt, except for those incurred through lust, anger, liquor, gambling, or suretyship. (Nar. 1.08)

A debt incurred by a son at the father's command, or for the maintenance of the family, or in a time of distress, the father must pay. (Nar. 1.09)

What is borrowed for the sake of the family by a pupil, an apprentice, a slave, a woman, or an agent, must be borne by the head of the family. (Nar. 1.10)

A son should not pay his father's debt before he is twenty years old, if the father is abroad; or if his paternal uncle or elder brother is alive. (Nar. 1.11)

Even one person is liable to pay a debt to another incurred by those in authority while they were alive. But after their death, the son is not obliged to pay the debt of another. (Nar. 1.12)

A wife need not pay a debt incurred by her husband, nor a debt incurred by her son, unless she has agreed to it, or it was incurred jointly with her husband. (Nar. 1.13)

A childless widow, appointed by her dying husband, should pay. Or he who takes the inheritance should pay; for he who takes the inheritance, takes the debt. (Nar. 1.14)

A debt incurred by a wife can in no way fall upon her husband, except for one incurred in a time of distress, for the household is the man's responsibility. (Nar. 1.15)

An exception is made for the wives of washermen, hunters, cowherds, and vintners. Their livelihood depends on them, and the family is supported by them. (Nar. 1.16)

A woman with a son who abandons her son and takes refuge with another man, her son shall take all her property if she is without wealth. (Nar. 1.17)

But a woman who has property and a son, and takes refuge with another man, that man must pay her former husband's debt, or else abandon her. (Nar. 1.18)

He who takes the wife of a man who died without property and without a son, must bear his debt; she is considered his property. (Nar. 1.19)

Among the heir to the wealth, the man who takes the wife, and the sons, the liability for the debt falls on him who takes the wealth. In the absence of an heir to the wealth or a wife-taker, it falls on the son; in the absence of an heir to the wealth or a son, it falls on the wife-taker. (Nar. 1.20)

The debt incurred by the husband of a superior unchaste woman or a superior remarried woman must be paid by him who cohabits with her. (Nar. 1.21)

Acts done by women are said to be invalid except in times of distress, especially the gift, mortgage, or sale of a house or field. (Nar. 1.22)

These acts become valid if the husband consents, or in his absence, the son, or in the absence of both husband and son, the king. (Nar. 1.23)

What was given to a wife by her loving husband, she may enjoy or give away as she pleases after his death, except for immovable property. (Nar. 1.24)

Likewise, an act done by a slave is considered not done, unless by the master's command, for a slave is not his own master. (Nar. 1.25)

And an act done by a son against his father's will is also said to be not done; a slave and a son are equal in this regard. (Nar. 1.26)

One who has not reached the age of legal competence is not liable for debt, even if he is independent. Independence is remembered to belong to the eldest, and seniority is determined by virtue and age. (Nar. 1.27)

Three persons are independent in this world: the king, the teacher, and likewise the head of the household in his own home, for each and every class. (Nar. 1.28)

All subjects are dependent; the lord of the earth is independent. A pupil is remembered as dependent; the teacher has independence over him. (Nar. 1.29)

Women, sons, and slaves with their belongings are dependent. The head of the household is independent over that which has come down to him by succession. (Nar. 1.30)

A child up to the eighth year is to be known as similar to one in the womb. From then until the sixteenth year, he is known as a boy and is also called a minor. (Nar. 1.31)

After that, he is knowledgeable in legal matters and is independent without his parents. While they are alive, he is dependent, even if endowed with old age. (Nar. 1.32)

Of those two, the father is superior, due to the recognized pre-eminence of the seed. In the absence of the progenitor, the mother is superior; in her absence, the elder brother. (Nar. 1.33)

All these are always independent in relation to the dependent. They are considered masters in instruction, dismissal, and sale. (Nar. 1.34)

An act done by a child or by one who is dependent is declared in the sacred texts by those who know the texts to be an act not done. (Nar. 1.35)

Even an act done by an independent person who is not in his natural state is also said to be not done, for he is dependent on that account. (Nar. 1.36)

Those afflicted by lust or anger, the distressed, the fearful, those suffering from calamity, and those overcome by passion or hatred are to be known as not in their natural state. (Nar. 1.37)

An act done by one who is the eldest in the family, the most excellent, and in his natural state, is a valid act; an act done by a dependent is not valid. (Nar. 1.38)

All actions are rooted in wealth; effort is directed towards its acquisition. Its proper course is in order: protection, increase, and enjoyment. (Nar. 1.39)

It is known to be of three kinds: white, speckled, and black. And its division is known to be sevenfold for each. (Nar. 1.40)

Wealth acquired through learning, valor, austerity, a maiden, a pupil, a sacrificial fee, or inheritance is the sevenfold white wealth; its increase is also of the same kind. (Nar. 1.41)

That which is acquired through lending at interest, agriculture, commerce, tolls, artisanship, service, or received for a favor done, is declared to be speckled. (Nar. 1.42)

That which is acquired through bribery, gambling, dacoity, fraud, forgery, crimes of violence, or by any deceitful means, is declared to be black. (Nar. 1.43)

With it, purchase and sale, giving and taking, and various actions and enjoyments take place. (Nar. 1.44)

Whatever a man does with a certain kind of wealth, he obtains a corresponding fruit in the next world and in this one. (Nar. 1.45)

It is further remembered as being of twelve kinds, based on the different classes. Three kinds are common; the remaining nine are specific. (Nar. 1.46)

Inherited property, a gift of love, and what is received with a wife—these three kinds of wealth are common to all classes without distinction. (Nar. 1.47)

The specific wealth of a Brāhmaṇa is known to be of three kinds: what is received by accepting gifts, from sacrificial fees, and from pupils. (Nar. 1.48)

They declare the specific wealth of a Kṣatriya also to be of three kinds: what is obtained in battle, taxes, and fines from legal proceedings. (Nar. 1.49)

The specific wealth of a Vaiśya is also known to be of three kinds: from agriculture, cattle-rearing, and commerce. For a Śūdra, it is through service to these. (Nar. 1.50)

This is the lawful mode of acquiring wealth for all the classes. The reverse is unlawful, unless there is a grave calamity. (Nar. 1.51)

In times of distress, the next successive occupation is prescribed for a Brāhmaṇa. After that, the occupation of a Vaiśya is stated, but never the lowest one. (Nar. 1.52)

A Brāhmaṇa should never perform the work of a Śūdra, nor a Śūdra the work of a Brāhmaṇa. For both of them, these are acts that cause loss of caste. (Nar. 1.53)

The highest and the lowest occupations are not for them. They should abandon the middle occupations, for those are common to all. (Nar. 1.54)

A Brāhmaṇa, having overcome a calamity with wealth acquired through the occupation of a Kṣatriya, should abandon that Kṣatriya occupation after performing a purification for himself. (Nar. 1.55)

A Brāhmaṇa who, out of attachment, delights in that same occupation, having strayed from the path like a stray arrow, is declared unfit for company at meals. (Nar. 1.56)

In the occupation of a Vaiśya, a Brāhmaṇa may not sell milk, curds, ghee, honey, beeswax, lac, salt, condiments, or spirits. (Nar. 1.57)

Nor meat, cooked rice, sesame, linen, soma, flowers, fruits, or leaves; nor human beings, poison, weapons, water, salt, cakes, or plants. (Nar. 1.58)

Nor indigo, silk, hides, bones, blankets, single-hoofed animals, or clay; nor sour milk mixed with water, hair, oil-cake, or vegetables and other herbs. (Nar. 1.59)

But a Brāhmaṇa may sell dry wood and grass, except for fragrant substances, reeds, cane, cotton fiber, roots, and husks. (Nar. 1.60)

Also, what has fallen off by itself, the split pieces of badara and iṅguda fruits, rope, and cotton thread, provided it is not processed. (Nar. 1.61)

If it is absolutely necessary for medicine or for a sacrifice, sesame may be sold, but only in exchange for an equal amount of grain. (Nar. 1.62)

A Brāhmaṇa who sells what is forbidden for sale has fallen from the path. He should be put back on the path by the king with a heavy fine. (Nar. 1.63)

Evidence must be carefully protected by those who establish proof, for evidence perishes when unsettled by other evidence. (Nar. 1.64)

A written document, witnesses, and possession are remembered as the three kinds of evidence, by which a creditor recovers his wealth. (Nar. 1.65)

A written document is always strong; witnesses are so only while they are alive; possession, through the lapse of time. This is the settled rule in the sacred texts. (Nar. 1.66)

Of these three kinds of visible evidence, in their due order, the preceding one is to be known as stronger; but possession is the weightiest of them all. (Nar. 1.67)

Even if a written document exists, and even if witnesses are alive, especially for immovable property, what is not possessed is not secure. (Nar. 1.68)

He who, through folly, neglects his own property while it is being enjoyed by others, even while he is alive and looking on, possession brings it under their control. (Nar. 1.69)

Whatever property a creditor sees being enjoyed by others for ten years, while he remains silent, he is not entitled to recover it. (Nar. 1.70)

For him who is neglectful and remains silent, after the aforesaid period of time has passed, the legal action does not succeed. (Nar. 1.71)

If he is not an idiot and not a minor, and the property is enjoyed within his domain, it is possessed through legal procedure, and the possessor is entitled to that wealth. (Nar. 1.72)

A pledge, a boundary, the property of a minor, a deposit, a sealed deposit, women, the property of the king, and the property of a learned Brāhmaṇa are not lost through enjoyment. (Nar. 1.73)

But from open enjoyment for twenty years by the owner, even pledges and the like are lost, except for the property of women and the king. (Nar. 1.74)

The property of women and of kings is never lost, even if enjoyed without title for hundreds of years. (Nar. 1.75)

Where possession is seen without title, and no title is seen anywhere, title is the cause there, not possession. (Nar. 1.76)

What is enjoyed without title, that enjoyment does not prevail. But after the possessor is dead, the wealth becomes enjoyable by his descendants. (Nar. 1.77)

The acquirer, when sued, must establish the origin of the property. For those who have received it in succession from their father, possession alone is the means of purification. (Nar. inse. 1.78)

A deposit for delivery to another, what is stolen, what is deposited, what is seized by force, what is borrowed for use, and what is enjoyed without being seen—these six are without valid title. (Nar. 1.79)

Likewise, in the case of a deceased litigant whose dispute had already begun, that matter must be cleared by his son; possession does not prevail over it. (Nar. 1.80)

What has been enjoyed even without title by three previous generations cannot be taken away, having come down through three men in succession. (Nar. 1.81)

Even if they are alive, witnesses are not proof after the creditor is dead, except for what was declared by the man himself when he was near death. (Nar. 1.82)

For when the defendant is dead, the word of witnesses is not proof. In that case, a document with witnesses would be the proof for a decision. (Nar. 1.83)

But a matter which is consistent with Dharma, declared even by a sick man, there a witness is valid even after his death, and in the six cases of a deposit for delivery to another and so on. (Nar. 1.84)

In all matters of debt and the like, each succeeding proof is stronger than the preceding one. In matters of gift, pledge, and purchase, each preceding one is weightier than the succeeding one. (Nar. 1.85)

The giving and taking of a loan is desired for the sake of the profit from its location. This is called usury, and by it is the livelihood of usurers. (Nar. 1.86)

It is remembered in the sacred texts as being of four kinds: physical interest, periodical interest, stipulated interest, and compound interest. (Nar. 1.87)

Physical interest is that which is perpetual, like a pana per day, and does not harm the body. The interest which accrues every month is remembered as periodical interest. (Nar. 1.88)

Stipulated interest is that which is agreed upon by the debtor himself. Interest upon interest is called compound interest. (Nar. 1.89)

This is remembered as the universal rule for increasing debts. But the rule of local custom is different, where the debt is located. (Nar. 1.90)

It may be double, or triple, and in another place quadruple, and in yet another, eightfold; it is established differently in different regions. (Nar. inse. 1.91)

The interest on gold, grain, and cloth may be double, triple, or quadruple. The interest on ghee is eightfold, and for female animals and women, it is their offspring. (Nar. 1.92)

On thread, cotton, fermenting agents, tin, and lead; and on all kinds of weapons, leather, copper, and iron; (Nar. 1.93)

And on all other things, and likewise on bricks—the interest on these is unlimited, so said Manu Prajāpati. (Nar. 1.94)

On all kinds of oils, spirits, honey, and ghee, the interest is known to be eightfold, and likewise for molasses and salt. (Nar. 1.95)

There is no interest on friendly gifts, if it has not been stipulated. But even if unstipulated, it begins to accrue after half a year. (Nar. 1.96)

This rule of interest has been declared according to Dharma for that which is lent. But the interest taken on grain is called usury. (Nar. 1.97)

A Vaiśya may overcome a calamity by the practice of usury if he wishes. But even in severe calamities, usury is not for a Brāhmaṇa. (Nar. 1.98)

What is due to a Brāhmaṇa who has died without male issue, one should offer to his kinsmen. In their absence, to his relatives. (Nar. 1.99)

But when there are no kinsmen, and no relations or friends, then he should give it to those of his own caste. If they are not present, he should cast it into the water. (Nar. 1.100)

A creditor, having received a payment, should give a receipt to the debtor. If, being asked, he does not give it, he shall lose the remainder of the debt. (Nar. 1.101)

When the debt is cleared, he should give a written receipt, or in its absence, a verbal acknowledgment. Thus, there will be mutual clearance between the creditor and debtor. (Nar. 1.102)

Two sources of confidence are here: a surety and a pledge. A written document and witnesses are the two means of proof that make a matter clear. (Nar. 1.103)

For appearance, for payment, and likewise for assurance—a surety is seen by the wise to be of three kinds, for these three purposes. (Nar. 1.104)

If the debtors do not pay, or if the assurance is disputed, the surety must pay that debt, and likewise if he fails to produce the person. (Nar. 1.105)

If there are several sureties, they shall pay the amount as agreed. If the amount is not specified for each, the creditor may proceed as he chooses. (Nar. 1.106)

Whatever amount a surety, being hard-pressed by the creditor, has to pay, the debtor must repay double that amount to the surety. (Nar. 1.107)

That which is held as security is a pledge; it is known to have two characteristics: to be redeemed at a fixed time, and to be kept until payment is made. (Nar. 1.108)

It is further said to be of two kinds: for custody and for use. Its return is likewise so, and in the reverse case, there is loss of profit. (Nar. 1.109)

If a pledge is damaged through the negligence of the creditor, or is destroyed, the principal is lost, unless it was due to an act of God or the king. (Nar. 1.110)

If a pledge, even while being protected, loses its value over time, another pledge must be provided, or the money must be given to the creditor. (Nar. 1.111)

If a debtor becomes unable to pay due to a change of circumstances, he should be made to pay the debt as he is able, at different times according to his income. (Nar. 1.112)

But if, though able, he does not, out of wickedness, pay the money to the creditor, he should be made to pay by the king, who shall take a twentieth part. (Nar. 1.113)

If the amount of a debt is lost to the debtor over time, the title is remembered to be established from a written document stating his caste, name, and residence. (Nar. 1.114)

A written document is known to be of two kinds: in one's own hand and in another's hand. It may be without witnesses or with witnesses; their validity depends on the local custom. (Nar. 1.115)

A document that is not contrary to local custom, which has clear marks of authorization, and whose sequence and letters are not effaced, is remembered as proof. (Nar. 1.116)

A document made by one who is intoxicated, accused of a crime, a woman, a child, or by force, is not a valid instrument, and likewise one made out of fear or by fraud. (Nar. 1.117)

Where the witnesses, the creditor, the debtor, and the scribe are dead, that document is also invalid, unless it is based on a stable pledge. (Nar. 1.118)

A pledge is said to be of two kinds: movable and immovable. The validity of both of these is established if there is enjoyment, but not otherwise. (Nar. 1.119)

A document that is shown from time to time, and that has been repeatedly proclaimed, is valid everywhere, even if the witnesses are dead. (Nar. 1.120)

A document whose contents have not been heard or seen, and which is made merely for the sake of a legal proceeding, does not attain validity, even if the witnesses are alive. (Nar. 1.121)

When a document has been deposited in another country, or has been burnt, badly written, or stolen, if it existed, a new one should be made at that time; if it did not exist, one should see what has been seen. (Nar. 1.122)

When there is doubt about a document, whether it is genuine or forged, one should resolve it by means of the handwriting, characteristic marks, evidence of receipt, and reasoning. (Nar. 1.123)

A document which bears another's name or mark, or is made for another reason, should be examined in case of dispute by means of relationship, title, and motive. (Nar. 1.124)

A document which bears another's name or mark, or is made for another reason, should be examined in case of dispute by means of relationship, title, and motive. (Nar. 1.124*1)

One should refute a written document with another written document, and a witnessed document with witnesses. A written document is superior to witnesses, but witnesses are superior to a document. (Nar. 1.125)

In cases of documents that are torn, damaged, stolen, effaced, lost, or badly written, another document should be made; this is remembered as the rule for documents. (Nar. 1.126)

In doubtful matters, when two parties are disputing, the clarification comes from witnesses, because of what they have seen, heard, and experienced. (Nar. 1.127)

A witness is known from direct observation by the ear and the eye. What another says is for the ear; what the body does is for the eye. (Nar. 1.128)

The witness is seen by the wise to be of eleven kinds. Of these, five are appointed, and six are said to be unappointed. (Nar. 1.129)

A written witness, a reminded witness, an accidental witness, a secret witness, and a subsequent witness—the witness is remembered as being of five kinds. (Nar. 1.130)

The unappointed witness is also declared by the wise to be of six kinds: the village, the chief judge, and the king in the case of litigants; (Nar. 1.131)

He who is involved in the business, he who is sent by the plaintiff, and the family in family disputes—these may also be witnesses. (Nar. 1.132)

Of noble birth, upright, pure by birth, action, and wealth, at least three witnesses should be blameless, pure, and of good intelligence. (Nar. 1.133)

Brāhmaṇas, Kṣatriyas, Vaiśyas, and Śūdras who are blameless may be witnesses for their own class, or all of them for all classes. (Nar. 1.134)

In guilds, members of the guild; in their own groups, members of the group; among outsiders, outsiders; and women for women are witnesses. (Nar. 1.135)

But in guilds and other groups, if someone incurs enmity, he cannot be a witness for them, for they are all his enemies. (Nar. 1.136)

He who is not a competent witness is seen in the sacred texts by the wise to be of five kinds: by rule, by defect, by discrepancy, by self-declaration, and by death of a party. (Nar. 1.137)

Learned Brāhmaṇas and others are incompetent by rule; thieves and others, from their observed defects; by discrepancy is when the witnesses contradict each other in a dispute. (Nar. 1.138)

By self-declaration is he who, unappointed, comes forward of his own accord and speaks. By death of a party is when the plaintiff is dead, except for what was declared by the dying man. (Nar. 1.139)

Learned Brāhmaṇas, ascetics, the aged, and those who have renounced the world are incompetent witnesses by rule; no reason is given for this. (Nar. 1.140)

Thieves, perpetrators of violence, the cruel, gamblers, and murderers are incompetent witnesses because of their wickedness; truth is not found in them. (Nar. 1.141)

When witnesses, having been accepted by the king for the determination of a single matter, contradict each other in their testimony, they are incompetent witnesses due to discrepancy. (Nar. 1.142)

He who, though not appointed as a witness, comes forward of his own accord and speaks, is called an informer in the sacred texts; he is not fit to be a witness. (Nar. inse. 1.143)

When the plaintiff, to whom the matter was to be declared, is not present, to whom can he give testimony? Thus, he is an incompetent witness due to the death of a party. (Nar. 1.144)

When the plaintiff, to whom the matter was to be declared, is not present, to whom can he give testimony? Thus, he is an incompetent witness due to the death of a party. (Nar. 1.144*1)

When two parties are disputing a matter and both have witnesses, he who has the prior claim shall have his witnesses heard. (Nar. 1.145)

When the burden of proof falls by force of circumstances on the defendant in a dispute, his witnesses should be questioned there. (Nar. 1.146)

One should not approach a witness designated by the other party in secret, nor should one try to influence him through another; by doing so, one loses one's case. (Nar. 1.147)

If a designated witness dies or goes to another country, those who heard his testimony may be the proof, for the subsequent action is proof. (Nar. 1.148)

A written document attains validity even after a very long time. One who knows should write for himself; one who does not know should have it written. (Nar. 1.149)

The validity of a reminded witness is said to be up to the eighth year. Up to the fifth year, the validity is for an accidental witness. (Nar. 1.150)

Up to the third year, the validity is for a secret witness. They say the validity of a subsequent witness is up to one year. (Nar. 1.151)

Or rather, no time limit is seen with respect to a witness. For those who know the sacred texts say that testimony depends on memory. (Nar. 1.152)

A man whose memory and hearing are always unimpaired is fit to give testimony as a witness, even after a very long time. (Nar. 1.153)

Other disputes are declared to be six, which are to be decided without witnesses. The wise say that circumstantial evidence alone is the testimony in these cases. (Nar. 1.154)

An arsonist is to be known by the torch in his hand; a murderer by the weapon in his hand; and an adulterer by being caught pulling hair at the same time. (Nar. 1.155)

A destroyer of a dam is to be known by the spade in his hand when he is nearby; and likewise, a destroyer of a forest is declared to be one with an axe in his hand. (Nar. 1.156)

A man who commits physical assault is to be known by fresh marks. These are cases decided without witnesses, but in assault, there must be an examination. (Nar. 1.157)

Someone might, out of hatred, make marks on his own body and harass another. In that case, an examination is proper, based on motive, purpose, circumstance, and ability. (Nar. 1.158)

Those connected with the matter, nor friends, nor helpers, nor enemies, nor those of proven guilt, nor the sick, nor the defamed should be questioned. (Nar. 1.159)

Slaves, rogues, the faithless, the aged, women, children, artisans using a wheel, the intoxicated, the insane, the heedless, the afflicted, gamblers, and village priests; (Nar. 1.160)

Long-distance travelers, sea-faring merchants, ascetics, the sick, hunters, learned Brāhmaṇas who have abandoned their learning, the impotent, and actors; (Nar. 1.161)

Atheists, outcasts, those who have abandoned their wife or sacred fire, those who sacrifice for the unworthy, those who eat from the same dish, helpers, enemies, spies, kinsmen, and close relatives; (Nar. 1.162)

Those previously found guilty, actors, those who live by poison, snake-charmers, poisoners, arsonists, plunderers, those who destroy things, sons of a Śūdra woman, and those who have committed minor sins; (Nar. 1.163)

The weary, the reckless, the exhausted, the poor, the lowest castes, those of broken vows, those who have not completed their studies, the stupid, oil-pressers, and those who sell roots; (Nar. 1.164)

Those possessed by spirits, those hated by the king, astrologers, those who proclaim evil, those who sell themselves, the deformed, and those who live by their sexual organs; (Nar. 1.165)

Those with bad nails, those with black teeth, those with leucoderma, traitors to friends, cheats, distillers of liquor, magicians, the greedy, the fierce, and those who oppose guilds and corporations; (Nar. 1.166)

Executioners, painters, wandering bards, the fallen, forgers, impostors, apostates, thieves, and royal officers; (Nar. 1.167)

A Brāhmaṇa who sells human beings, poison, weapons, water, salt, cakes, or plants, and a twice-born who is a usurer; (Nar. inse. 1.168)

One who has fallen from his own duty, a member of a guild, a flatterer, a servant of the low, and one who quarrels with his father, and a creator of discord—these are incompetent witnesses. (Nar. 1.169)

Those who are specified as incompetent witnesses, such as slaves, rogues, and so on, may become witnesses when the gravity of the case requires it. (Nar. 1.170)

In all cases of violence, and in theft and abduction, and in both kinds of assault, one should not examine the witnesses too closely. (Nar. 1.171)

But even among them, a child should not be a witness, nor a single person, nor a woman, nor a forger, nor a relative, nor an enemy; they would give testimony otherwise. (Nar. 1.172)

A child would speak untruth out of ignorance, a woman out of a habit of falsehood, a forger out of practice, a relative out of affection, and an enemy out of a desire for revenge. (Nar. 1.173)

Or, he who is approved by both disputing parties, even if he is a single incompetent witness, may be questioned as a witness in the court assembly. (Nar. 1.174)

He who, being guilty of his own fault, appears to be unwell, who moves from place to place, and approaches each person one by one; (Nar. 1.175)

Who coughs suddenly without reason, sighs frequently, scratches the ground with his feet, and shakes his arm or his garment; (Nar. 1.176)

Whose facial color changes, whose forehead sweats, whose lips become dry, and who looks up and sideways; (Nar. 1.177)

Who, as if in a hurry, speaks much and incoherently without being asked—he is to be known as a false witness; the king should punish that sinner. (Nar. 1.178)

He who, having declared his testimony to others, then denies it, should be punished more severely, for he is worse than a false witness. (Nar. 1.179)

Having summoned the witnesses, one should question them, binding them with severe oaths, all together, after their character has been ascertained and the matter understood, and then separately. (Nar. 1.180)

One should make a Brāhmaṇa swear by truth, a Kṣatriya by his vehicle and weapons, a Vaiśya by his cattle, seeds, and gold, and a Śūdra by all sins. (Nar. 1.181)

Having terrified the witnesses severely with ancient words of Dharma, by proclaiming the greatness of truth, and by denouncing untruth; (Nar. 1.182)

Naked, shaven, with a skull for a begging bowl, hungry and thirsty, the wretch who gives false testimony shall go to his enemy's house. (Nar. 1.183)

Confined in the city, hungry at the outer gate, he shall see his enemies again and again, who gives false testimony. (Nar. 1.184)

The night that a superseded wife spends, the night a man defeated at dice spends, and the night one whose body is afflicted by a heavy burden spends—that night shall the false witness dwell. (Nar. 1.185)

A witness who, at the time of giving testimony, acts with the slackness of a cow's ear, fastens a thousand of Varuṇa's nooses upon himself. (Nar. 1.186)

When a hundred of his years are complete, one noose is released. Thus he is freed from that bondage after ten thousand years. (Nar. 1.187)

Listen, gentle one, in order, to the number of kinsmen whom he slays in that testimony in which he speaks untruth. (Nar. 1.188)

He slays five for an untruth about an animal, he slays ten for an untruth about a cow, he slays a hundred for an untruth about a horse, he slays a thousand for an untruth about a man. (Nar. 1.189)

He slays the born and the unborn by speaking untruth for the sake of gold. He slays everything for an untruth about land; do not speak an untruth about land. (Nar. 1.190)

They say that truth is the one and only purifier of the soul, the staircase to heaven, like a boat for the ocean. (Nar. 1.191)

A thousand horse-sacrifices and truth were weighed in a balance; truth indeed outweighed a thousand horse-sacrifices. (Nar. 1.192)

A well is better than a hundred ponds; a sacrifice is better than a hundred wells. A son is better than a hundred sacrifices; truth is better than a hundred sons. (Nar. 1.193)

The earth is supported by truth; by truth the sun rises. By truth the wind blows; by truth the waters flow. (Nar. 1.194)

Truth is the highest gift, truth is the highest austerity. Truth is the highest Dharma of the worlds; this we have heard. (Nar. 1.195)

In short, truth is the gods; untruth is remembered as men. He whose mind is fixed on truth attains divinity even here. (Nar. 1.196)

Speak the truth, abandon untruth; by truth you will go to heaven. By speaking untruth, you will fall into a most dreadful hell. (Nar. 1.197)

And in the hells, the cruel and powerful servants of Yama will forever cut out your tongue with swords. (Nar. 1.198)

And, enraged, they will pierce you with pikes as you cry out without refuge; and they will lift you up and cast you headlong into pits of fire. (Nar. 1.199)

And having experienced those painful torments of hell for a long time, you will be born here in wretched wombs, such as those of vultures and crows. (Nar. 1.200)

Knowing these faults in untruth, and knowing the virtues in truth, speak the truth, deliver yourself, do not cause yourself to fall. (Nar. 1.201)

Neither relatives, nor friends, nor great wealth are able to save a man who is sinking into deep darkness. (Nar. 1.202)

Your ancestors are depending on you, now that you have come to give testimony, thinking, "Will he save us, or will he cause himself to fall?" (Nar. 1.203)

Truth is the soul of man; everything is founded on truth. In every way, you should unite your soul with what is good. (Nar. 1.204)

The night on which you were born and the night on which you will die—the time between them will be in vain for you, if you act otherwise than with truth. (Nar. 1.205)

There is no Dharma higher than truth, no sin greater than untruth. Therefore, in the duty of a witness especially, one should speak only the truth. (Nar. 1.206)

That lowest of men who offers his own speech for the sake of another, what would that sinner, fearless of hell, not do for his own sake? (Nar. 1.207)

Meanings are fixed in speech, rooted in speech, and issue from speech. He who steals this speech is a man who commits every kind of theft. (Nar. 1.208)

In case of contradiction among witnesses, the testimony of the majority is proof. If they are equal in number, the testimony of the pure should be accepted; if they are equal in purity, that of the more mindful. (Nar. 1.209)

Where there is an equality of mindful witnesses in a dispute, the testimony is again set aside, due to the subtlety of the duty of a witness. (Nar. 1.210)

If a witness, having come to testify on the matters specified, does not speak in the exact same words, that is not considered to have been stated. (Nar. 1.211)

Where there is a contradiction regarding place, time, age, substance, measure, form, or caste, that testimony is said to be invalid. (Nar. 1.212)

Where witnesses state the matter with deficiencies or additions, that too should be known as unstated; this is remembered as the rule of testimony. (Nar. 1.213)

Where, through the negligence of the creditor, there is no document and no witnesses, and the defendant denies the matter, a threefold procedure is prescribed. (Nar. 1.214)

Repeated demand, a trace of reasoning, and thirdly, an oath are prescribed; by these he should establish his claim in order. (Nar. 1.215)

He who, being repeatedly demanded, does not refute that statement, three, four, or five times, shall then pay that amount. (Nar. 1.216)

If the demand is refuted, one should pursue him with traces of reasoning, by means of place, time, the nature of the matter, relationship, measure, and actions. (Nar. 1.217)

When reasoning is also insufficient, one should press him with oaths, depending on the matter, time, and strength, with fire, water, good deeds, and so on. (Nar. 1.218)

He whom the blazing fire does not burn, whom the waters hold up within them, he overcomes that accusation; in the reverse case, he would be the sinner. (Nar. 1.219)

In accusations against the character of women, and in cases of theft and violence, this same rule is seen, and in all denials of a matter. (Nar. 1.220)

Oaths are remembered to have been taken even by the gods and by the sages. Vasiṣṭha took an oath when he was suspected of being a sorcerer. (Nar. 1.221)

The seven sages, having come together for the sake of a lotus, swore an oath to Indra, without agitation, for their mutual purification. (Nar. 1.222)

He who, having committed a wrongful act of violence, resorts to a confession, or speaks of his own accord in the assembly, for him half the penalty is prescribed. (Nar. 1.223)

But if, hiding his sin out of wickedness, he is defeated, the court assessors are not pleased, and a severe punishment is inflicted. (Nar. 1.224)

2. Deposits

When a person, out of trust, deposits his own property without apprehension, that is called a 'deposit,' a topic of litigation by the wise. (Nar. 2.01)

An object concealed within another object, and which is not specified, when it is deposited in another's house, that is remembered as a 'sealed deposit'. (Nar. 2.02)

It is further said to be of two kinds: with witnesses and without. Its return is likewise so, and in the reverse case, trust is the proof. (Nar. 2.03)

He who, being asked by the depositor, does not return the deposit, shall be punished by the king and made to pay it; and if it is lost, he shall be made to pay its equivalent. (Nar. 2.04)

And he who uses the object for his own gain without the permission of the depositor, shall also be punished in that case, and shall pay it back with interest. (Nar. 2.05)

What is lost along with the property of the receiver is lost to the giver, and likewise in the case of an act of God or the king, unless it was done deceitfully. (Nar. 2.06)

This same rule is seen for a loan for use, a deposit for delivery to another, and so on; for a deposit with artisans, a deposit, and a counter-deposit. (Nar. 2.07)

And the man who accepts a minor along with his property, for him too this shall be the rule; these six rules are the same. (Nar. 2.08)

3. Partnership

When merchants and others undertake a work jointly, that is remembered as 'Partnership,' a topic of litigation. (Nar. 3.01)

For those who undertake a work jointly by some means for the sake of profit, the capital invested is the basis; by that they should prosper according to their shares. (Nar. 3.02)

Whether a man's share is equal, greater, or less, his loss, expenditure, and profit will be of the same kind. (Nar. 3.03)

They should, without deviation, and abiding by their agreement, look after the goods, the capital, the expenses, the clearance, the freight, and the value. (Nar. 3.04)

What is lost through negligence, he must repay, and what is done against a prohibition. And what he does without being instructed by all the partners. (Nar. 3.05)

When a calamity arises from an act of God, thieves, or the king, he who protects the property with his own strength is entitled to a tenth part. (Nar. 3.06)

If one partner meets with a calamity, his heir shall take his share. Or another, if there is no heir, or all of them, if they are able. (Nar. 3.07)

In the case of a priest's misfortune, it is the same; another shall complete that rite. He shall receive that portion of the sacrificial fee allotted for it. (Nar. 3.08)

A priest who abandons an unblemished patron who has not wronged him, or a patron who abandons an unblemished priest—both of them shall be punished. (Nar. 3.09)

A priest is seen to be of three kinds: one who has served before, one appointed by oneself, and one who performs the priestly office by chance, out of friendship. (Nar. 3.10)

This rule applies to hereditary priests and to those chosen by oneself. But in the case of one who sacrifices by chance, there is no sin in abandoning him. (Nar. 3.11)

A merchant who has reached a toll-station should pay the toll as prescribed. He should not evade it, for this is established as the tribute to kings. (Nar. 3.12)

A buyer or seller who evades a toll-station, or does not pay at the proper time, and who states a false quantity, shall be made to pay a fine of eight times the amount. (Nar. 3.13)

If a visiting merchant, traveling through the country, should die, the king shall protect his goods until the heir appears. (Nar. 3.14)

If there is no heir, he should give it to his friends or kinsmen. In their absence, he should keep it well-guarded for ten years. (Nar. 3.15)

After it has remained for ten years without an owner and without an heir, the king may take it for himself; thus, Dharma is not violated. (Nar. 3.16)

4. Resumption of a Gift

When someone, having given property improperly, wishes to take it back, that is remembered as 'Resumption of a Gift,' a topic of litigation. (Nar. 4.01)

What may not be given, and what may be given, what is a valid gift, and what is not a valid gift—this fourfold path of giving should be known in legal proceedings. (Nar. 4.02)

Therein, eight things may not be given; one kind of thing is remembered as what may be given. A valid gift is known to be of seven kinds; an invalid gift is of sixteen kinds. (Nar. 4.03)

A deposit for delivery to another, a loan for use, a pledge, and joint property; a deposit, one's son and wife, and one's entire property if one has issue. (Nar. 4.04)

The teachers say that these things may not be given by a person, even when in severe distress, and also what has been promised to another. (Nar. 4.05)

Whatever property remains after providing for the family, that may be given. By giving away other property, one incurs sin. (Nar. 4.06)

The price of merchandise, wages, a gift given out of satisfaction, from affection, in return for a favor,

and for a bride-price, and out of favor—what is given thus is known by the wise as a valid gift. (Nar. 4.07)

But what is given by those afflicted with fear, anger, grief, passion, or pain is an invalid gift; and likewise, what is given as a bribe, in jest, in exchange, or through deceit. (Nar. 4.08)

What is given by a child, a fool, one who is not independent, the distressed, the intoxicated, or the insane is invalid. And what is given with the expectation of a return, thinking, "This man will do a service for me." (Nar. 4.09)

What is given to an unworthy person who is described as worthy, or for a purpose that is contrary to Dharma, or what is given out of ignorance—that too is remembered as an invalid gift. (Nar. 4.10)

He who out of greed takes what has not been validly given, and he who gives what ought not to be given—the taker of an invalid gift shall be punished, and likewise the giver of what should not be given. (Nar. 4.11)

5. Refusal to Render Service After Agreeing

When someone, having agreed to render service, does not perform it, this is called 'Refusal to Render Service After Agreeing,' a topic of litigation. (Nar. 5.01)

The wise have identified in the sacred texts five kinds of attendants; four of these are workers, and among them, the slaves are of fifteen types. (Nar. 5.02)

A pupil, an apprentice, a hired servant, and fourthly, a steward—these are called workers. Slaves are those born in the house and others. (Nar. 5.03)

The wise say that their common characteristic is their lack of independence. Their specific distinction is based on their birth, their work, and their livelihood. (Nar. 5.04)

Work is also to be known as of two kinds: impure and pure. Impure work is said to be the work of a slave; pure work is remembered as that of workers. (Nar. 5.05)

Sweeping the house-gate, impure places, public roads, and refuse heaps; touching the private parts, and the handling and removal of leftovers, excrement, and urine. (Nar. 5.06)

And attending to the master's body with one's limbs as desired—this is to be known as impure work; what is other than this is pure. (Nar. 5.07)

A pupil should diligently serve his teacher until he has acquired knowledge. This same duty applies to the teacher's wife and to the teacher's son. (Nar. 5.08)

A student of sacred knowledge should go on his begging rounds, sleep on the ground, and be unadorned. In the teacher's house, he should sleep in the lowest place and rise before everyone else. (Nar. 5.09)

He should not stand or stay anywhere without being instructed by his teacher. When instructed, he should perform the work without question, if he is able. (Nar. 5.10)

He should study at the proper time, as long as the teacher is not displeased. He should sit below the teacher on a stool of grass or a plank, with a concentrated mind. (Nar. 5.11)

He is to be disciplined by the teacher if he does not obey. He may be struck with a rope or a split bamboo, but not with a heavy rod. (Nar. 5.12)

He should not be beaten severely, nor on the head, nor on the chest. After disciplining him, the teacher should reassure him; otherwise, the teacher is punishable by the king. (Nar. 5.13)

Having completed his studies and given the teacher his fee, he may return to his own home. This is declared to be the duty of a pupil. (Nar. 5.14)

One who wishes to learn a craft should, with the permission of his relatives, reside with a master, having fixed a definite period of time. (Nar. 5.15)

The master should teach him, providing food from his own house. He should not make him do other work and should treat him like a son. (Nar. 5.16)

He who abandons a master who is teaching him and is without fault shall be forced to remain, and he deserves beating and confinement. (Nar. 5.17)

Even after being trained, the apprentice must complete the stipulated period. The fruit of any work he does there belongs to the master alone. (Nar. 5.18)

Having learned the craft and completed the time, the apprentice should circumambulate the master, and having obtained his permission according to his ability, he may depart. (Nar. 5.19)

A hired servant is known to be of three kinds: the highest, the middling, and the lowest. Their wages, based on their work, should correspond to their ability and devotion. (Nar. 5.20)

The highest is a soldier, the middling is a cultivator, and the lowest is a porter. Thus, the hired servant is of three kinds. (Nar. 5.21)

He who is put in charge of the property and over the household is to be known as a steward; he is also called the head of the household. (Nar. 5.22)

These four are declared to be workers who perform pure work. The remaining fifteen, who perform base work, are slaves. (Nar. 5.23)

One born in the house, one purchased, one received as a gift, one acquired by inheritance, and one maintained during a famine, and one pledged by his master. (Nar. 5.24)

One freed from a great debt, one captured in battle, one won in a wager, one who has submitted himself, saying 'I am yours,' an apostate from asceticism, and one enslaved for a fixed period. (Nar. 5.25)

One who is a slave for food is also to be known, and likewise one enslaved for a female slave, and one who has sold himself. In the sacred texts, slaves are remembered as being of fifteen kinds. (Nar. 5.26)

Of these, the first four are not released from slavery, except by the grace of the master; their slavery is hereditary. (Nar. 5.27)

Whichever of these saves his master from a danger to his life, he shall be released from slavery and shall receive a son's share. (Nar. 5.28)

One maintained during a famine is released from slavery by giving a pair of oxen. What he consumed during the famine is not cleared by his labor. (Nar. 5.29)

One who was pledged is released if his master redeems him by paying the money. If the master has him taken by the creditor, he is like one who is sold. (Nar. 5.30)

A debtor is released from slavery by paying the debt with interest. One enslaved for a fixed period is also released upon the completion of the stipulated time. (Nar. 5.31)

One who has submitted himself, one captured in battle, and one won in a wager are released by providing a substitute of equal capacity. (Nar. 5.32)

A man who is an apostate from asceticism becomes a slave of the king alone. There is no release for him, nor any purification whatsoever. (Nar. 5.33)

A slave for food is immediately released by the master's neglect to provide food. One enslaved for a female slave is released by giving up the female slave. (Nar. 5.34)

That lowest of men who, being independent, sells himself, is the most base of them all; he is never released from slavery. (Nar. 5.35)

Those who have been abducted by thieves and sold, and those who have been enslaved by force—they must be freed by the king; slavery is not intended for them. (Nar. 5.36)

Slavery is not ordained in the reverse order of the classes, except for one who has abandoned his own duty. For him, slavery is considered to be like that of a wife. (Nar. 5.37)

He who, being not independent, offers himself saying, 'I am yours,' does not attain his desire; his former master shall get him back. (Nar. 5.38)

Three persons are declared to be without wealth: a wife, a slave, and a son. Whatever they acquire, that wealth belongs to him to whom they belong. (Nar. 5.39)

He who, with a pleased mind, wishes to make his own slave a non-slave, should take a pot filled with water from his shoulder and break it. (Nar. 5.40)

He should sprinkle him on the head with unhusked grains and flowers. And having said 'He is not a slave' three times, facing east, he should then release him. (Nar. 5.41)

From that time on, he should be addressed as one protected by his master's favor. His food may be eaten, gifts may be accepted from him, and he becomes esteemed. (Nar. 5.42)

6. Non-payment of Wages

The prescribed rule for the giving and taking of wages for hired servants is called 'Non-payment of Wages,' and it is remembered as a topic of litigation. (Nar. 6.1)

The master of the work should pay the wage to the hired servant according to the agreement: at the beginning, in the middle, or at the end of the work, as has been decided. (Nar. 6.2)

If the wage has not been fixed, a merchant, a cowherd, and a cultivator shall receive a tenth part of the profit, the milk, or the grain, respectively. (Nar. 6.3)

The tools of their trade, which have been brought for the performance of their work, they should use with integrity and not act deceitfully. (Nar. 6.4)

One who, having promised to do a work, does not do it, shall be forced to do it after being paid his wage. One who, having received his wage, does not do the work, shall be made to pay double the wage. (Nar. 6.5)

If a servant abandons the work before the time is complete, he shall forfeit his wage. If he leaves due to the master's fault, he shall receive payment for the work he has done. (Nar. 6.6)

A driver who abandons his yoked animal on the road shall forfeit a sixth of his fare; likewise, an employer who has work done but does not pay the wage shall be made to pay it with interest. (Nar. 6.7)

A hirer of transport who does not take his goods on the journey shall be made to pay a fourth part of the fare; if he abandons them halfway, he shall pay the full fare. (Nar. 6.8)

A carrier who acts in the same way shall also forfeit his fare. If he causes an obstruction at the start of the journey, he shall be made to pay double the fare. (Nar. 6.9)

If the goods come to harm through the fault of the carrier, he shall be made to pay for what was lost, unless it was due to an act of God or the king. (Nar. 6.10)

For a hundred cows, a heifer shall be the wage; for two hundred, a milch-cow. This is the annual wage for a cowherd, along with the milk of all the cows every eighth day. (Nar. 6.11)

He should bring the cows to the cowherd every day at the end of the night. The cowherd, after they have grazed and drunk, should bring them back in the evening. (Nar. 6.12)

If a misfortune befalls a cow, the cowherd should exert himself to the best of his ability. If he is unable, he should go quickly and report it to the owner. (Nar. 6.13)

If he does not exert himself, does not cry out for help, and does not report it to the owner, the cowherd must make good that cow and also pay a fine to the king. (Nar. 6.14)

A cow that is lost, killed by insects, killed by a dog, or dies on rough ground—if this is due to a lack of human effort, the loss falls upon the cowherd. (Nar. 6.15)

If a wolf attacks penned goats or sheep and the shepherd does not come to their aid, whatever the wolf kills in that attack, the fault is the shepherd's. (Nar. 6.16)

But of those that are not penned and are grazing together in the forest, if a wolf leaps upon one and kills it, the shepherd is not at fault there. (Nar.g. 6.17)

A shepherd is not obliged to make good what is carried off by thieves, provided he raises an alarm and reports it to his master at the proper place and time. (Nar. 6.18)

By this, the rule for disputes concerning all herdsmen has been declared. In the case of dead animals, the herdsman is cleared of blame by showing the brand and other marks. (Nar. 6.19)

A prostitute who, having taken her fee, is unwilling, shall pay double that amount. A man who, having enjoyed a woman, does not pay her fee, shall pay it then. (Nar. 6.20)

He who has intercourse with her in an unnatural way, or has her serve many men, shall be made to pay eight times the fee, and a fine of the same amount. (Nar. 6.21)

He who builds a house on another's land and lives there paying rent, may take with him when he leaves the grass, wood, bricks, and other materials. (Nar. 6.22)

He should return rented articles when the time is complete. If they are broken or lost, it is the loss of the hirer, except in the case of a general calamity. (Nar. 6.23)

7. Sale by one who is not the owner

When property belonging to another, whether deposited, lost and found, or stolen, is sold without the owner's presence, that is to be known as 'Sale by one who is not the owner.' (Nar. 7.1)

The owner, upon finding property sold by one who is not the owner, shall recover it. The buyer is cleared if the purchase was made openly; a secret purchase is theft. (Nar. 7.2)

One who buys from a slave without the owner's permission, from a wicked person, in secret, for a low price, or at an improper time, shares in that guilt. (Nar. 7.3)

The buyer should not conceal his source of acquisition; his clearance comes from that source. If he does otherwise, he is equally at fault and deserves the punishment for theft. (Nar. 7.4)

The seller must restore the property to the owner and the price to the buyer. He shall also pay a fine to the king. This is the rule in a sale by one who is not the owner. (Nar. 7.5)

Having found a treasure hidden by another, one should present it to the king. All treasure belongs to the king, for all classes, except for a Brāhmaṇa. (Nar. 7.6)

A Brāhmaṇa, upon finding a treasure, should also quickly report it to the king. He may enjoy what is given to him by the king; if he does not report it, he would be a thief. (Nar. 7.7)

Likewise, having found one's own lost property, one should report it to the king. He may then take it if it is cleared; otherwise, it would be considered stolen. (Nar. 7.8)

8. Non-delivery of a Sold Article

When a commodity, having been sold for a price, is not delivered to the buyer, that is called 'Non-delivery of a Sold Article,' a topic of litigation. (Nar. 8.1)

In this world, property is of two kinds: movable and immovable. In the rules of purchase and sale, all of it is called merchandise. (Nar. 8.2)

The wise have stated that the rule for its giving and taking is sixfold: by counting, by weighing, by measuring, by its function, by its appearance, and by its splendor. (Nar. 8.3)

He who, having sold a commodity for a price, does not deliver it to the buyer, shall be made to pay for the loss in the case of immovable property, and the profit from its use in the case of movable property. (Nar. 8.4)

If the market price should fall, he must deliver the commodity along with the profit. This rule is for stationary merchants; for traveling merchants, it is the profit of the region. (Nar. 8.5)

If the commodity should be damaged, burnt, or stolen, that loss falls upon the seller alone, if he fails to deliver what has been sold. (Nar. 8.6)

He who, having shown a faultless article, delivers a faulty one, shall be made to pay double the price, and a fine of the same amount. (Nar. 8.7)

Likewise, he who, having sold an article to one person, delivers it to another, shall also be made to pay double that amount, and be fined the same amount. (Nar. 8.8)

If a buyer does not accept the purchased commodity when it is being delivered, the seller is not at fault if he sells it elsewhere. (Nar. 8.9)

This rule has been declared for a commodity for which the price has been paid. If it is not paid, the seller is not at fault, unless there is a special agreement. (Nar. 8.10)

For merchants, all purchase and sale of commodities is for the sake of profit. And that profit, depending on the market price, may be great or not. (Nar. 8.11)

Therefore, a merchant should strive for a good price according to the place and time. He should not act deceitfully; this is the better path for a merchant. (Nar. 8.12)

9. Rescission of Purchase

When a buyer, having purchased a commodity for a price, is not satisfied with it, this is called 'Rescission of Purchase,' a topic of litigation. (Nar. 9.1)

A buyer who considers a commodity purchased for a price to be a bad purchase may return it to the seller on that same day, undamaged. (Nar. 9.2)

A buyer who returns it on the second day shall forfeit a thirtieth part of the price. On the third day, he shall forfeit double that; after that, it belongs to the buyer. (Nar. 9.3)

The buyer should first examine the commodity himself for its qualities and defects. What is purchased after examination and approval cannot be returned to the seller. (Nar. 9.4)

One should examine a milch animal for three days, and a beast of burden for five days. For pearls, diamonds, and coral, the examination period shall be seven days. (Nar. 9.5)

For two-footed creatures (slaves), it shall be half a month for men, and double that for women. For all kinds of seeds, it is ten days; for iron and cloth, one day. (Nar. 9.6)

A garment that has been worn, is of a faded appearance, or is soiled, even if it was sold with a defect, cannot be returned to the seller. (Nar. 9.7)

An eighth part of the value of a garment is lost when it is washed once; a fourth part when washed twice; a third part when washed three times; and half when washed four times. (Nar. 9.8)

After a loss of half, the reduction proceeds by a fourth part at a time, until it is worn to a frayed hem. For a worn-out garment, there is no fixed rule of depreciation. (Nar. 9.9)

For all metals, the cause of loss in the process of working with fire is their contact with fire; a loss is seen for them when they are being refined. (Nar. 9.10)

There is no loss for gold. For silver, the loss is two palas per hundred. For tin and lead, the loss is known to be eight palas per hundred. (Nar. 9.11)

For copper, the loss is known to be five palas, and for articles made from it. For iron, there is no fixed rule of loss, due to the variety of its ores. (Nar.9.12)

In the processing of textiles, both increase and decrease in weight are declared. For threads of cotton and wool, the increase is ten palas per hundred. (Nar. 9.13)

For those with coarse threads, the increase is five per hundred; for the middling ones, three palas. For the very fine ones, a loss is declared. (Nar. 9.14)

For wool pierced by hair, the loss is a thirtieth part when processed. For silk and bark garments, there is neither increase nor decrease. (Nar. 9.15)

A merchant who is an expert in commodities should not have rescission after purchasing. He should know the increase and decrease of commodities, and likewise their origin. (Nar. 9.16)

10. Breach of an Agreement

The established rules of heretics, corporations, and others are called an 'agreement.' The violation of that agreement is 'Breach of an Agreement,' a topic of litigation. (Nar. 10.1)

The king should protect the agreements of heretics, corporations, guilds, troops, and other groups, both in fortified towns and in the countryside. (Nar. 10.2)

Whatever their law, their work, their rules of attendance, and their means of livelihood, he should approve them as they are. (Nar. 10.3)

But what is contrary to the king's interest, what is despised by the people, and what is detrimental to their own interests, that he should nullify for them. (Nar. 10.4)

The king should not tolerate their forming conspiracies against each other, their bearing of harmful weapons, or their mutual violence. (Nar. 10.5)

Those who would break up separate groups should be punished with special severity. If neglected, they would cause terrible fear, like a disease. (Nar. 10.6)

Any action that is faulty, established without the authority of the sacred texts, even if it has been practiced, a king who desires his own welfare should suppress it. (Nar. 10.7)

11. Disputes concerning Land

Where there are disputes concerning the rights to land, such as the determination of dams, fields, boundaries, and cultivated or uncultivated land, that is a 'Dispute concerning Land.' (Nar. 11.1)

In a dispute over a field boundary, the decision should come from the neighbors, the elders of the town and village, and the most aged men. (Nar. 11.2)

And those who live by cultivating land outside the village boundaries: cowherds, fowlers, hunters, and others who roam the forest. (Nar. 11.3)

They should determine the boundary by the marks that indicate it: by chaff, charcoal, potsherds, jars, sacred sites, and trees. (Nar. 11.4)

And by well-known anthills, high and low ground, and other features; by old fields, gardens, paths, and dams. (Nar. 11.5)

In lands where the marks have been carried away, washed out, or destroyed by a river, the decision should be made by inference from the surrounding area, by measurements, and by evidence of enjoyment. (Nar. 11.6)

If the neighbors should speak untruth in that determination, they shall all be fined separately by the king with the middle amercement. (Nar. 11.7)

The elders of the group and others who stand by untruth shall be fined separately with the first amercement. (Nar. 11.8)

Not even a single trustworthy man should determine a boundary alone. Due to the gravity of this duty, this action is established for many. (Nar. 11.9)

If a single man is to determine the boundary, he should do so after fasting, with a concentrated mind, wearing red garlands and garments, and placing earth upon his head. (Nar. 11.10)

When there are no witnesses to the boundary and no marks, then the king himself should fix the boundary between the two parties as he sees fit. (Nar. 11.11)

By this same method, the rule for disputes has been declared for houses, gardens, ponds, sacred sites, and also for disputes between villages. (Nar. 11.12)

One should not block public roads or paths with refuse heaps, pits, wandering carts, or other obstructions, nor the crossroads or sacred sites. (Nar. 11.13)

A dam is not forbidden in the middle of another's field if it is of great benefit and causes little harm, for an increase is desired when there is a loss. (Nar. 11.14)

A dam is known to be of two kinds: one that is dug to let water flow, and one that is built as an embankment to stop it. (Nar. 11.15)

Without water, a crop is lost, but it is also lost with an excess of water. The same fault that exists in a lack of water is also remembered in an excess of water. (Nar. 11.16)

He who, without asking the owner, restores a dam that was previously in use but has fallen into disrepair, shall not enjoy the fruit of it. (Nar. 11.17)

But if the owner is dead, or if his descendant is a minor, he should first ask the king and then undertake the work of the dam. (Nar. 11.18)

Otherwise, he will have only the trouble, like the hunter who shoots an animal already shot by another; his arrows are wasted. (Nar. 11.19)

If the owners of a field are unable, dead, or have disappeared, and someone cultivates the field without being forbidden, he shall enjoy its fruit. (Nar. 11.20)

If, while the field is being cultivated, the owner returns, he may reclaim his field by paying for all the improvements made to it. (Nar. 11.21)

That payment is reduced by one-eighth for each year that has passed, up to seven years. Upon the arrival of the eighth year, he who has enjoyed the field shall acquire it. (Nar. 11.22)

A field becomes half fallow in one year, completely fallow in three years. A field left for five years becomes like a forest. (Nar. 11.23)

A field or a house that has been in the family for three generations, having come down in succession, cannot be taken by another through enjoyment, except by a grant from the king. (Nar. 11.24)

Where damage to crops is caused by cattle or other animals crossing a fence, the herdsman shall be punished there, if he did not try to stop them to the best of his ability. (Nar. 11.25)

In case of the destruction of the crop along with its roots, the owner of the crop shall receive an equivalent amount. The herdsman is absolved by the death penalty, and the fine falls upon the owner of the cattle. (Nar. 11.26)

A cow for ten days after calving, and great bulls, goats, and elephants should be restrained with effort; their owner is not liable to a fine. (Nar. 11.27)

One should make a cow's owner pay a fine of one māṣa, and for a buffalo, two māṣas. For a goat or a sheep with its young, the fine shall be half a māṣaka. (Nar. 11.28)

Elephants and horses are not to be fined, for they are remembered as protectors of the people. A pregnant cow, a cow that has just calved, and a cow in heat are not to be fined. (Nar. 11.29)

The fine is said to be double for animals that have settled down to graze, and fourfold for those that spend the night. For those that are deliberately grazed, the punishment is remembered to be that of a thief. (Nar. 11.30)

Cattle that have strayed into a field due to the fault of the herdsman are not the fault of the cattle owner; the herdsman deserves that punishment. (Nar. 11.31)

If an animal is seized by a royal officer, or struck by lightning, or bitten by a snake, or falls from a mountain top; (Nar. 11.32)

Or is killed by a lion or a tiger, or is struck down by diseases, there is no fault of the herdsman, nor is there any fault of the cattle owners. (Nar. inse. 11.33)

When a man seeks compensation for grain eaten by cattle, the equivalent of the grain that was sown there should be given to the cultivator. The damaged stalks should be given to the owner of the cattle, and a bundle of grass to the neighbor. (Nar. 11.34)

For damage to a field on the outskirts of a village, near a pasture, or on a highway, if it is unfenced, the herdsman is not at fault. (Nar. 11.35)

On a path and a field, a fence should be made which a camel cannot look over, which a beast or a horse cannot leap over, and which a boar cannot break through. (Nar. 11.36)

A house and a field are to be known as the means of subsistence for householders. Therefore, the king should not take them away, for they are the root of householders. (Nar. 11.37)

When the people prosper, the king's Dharma and treasury increase. When they decline, it declines; therefore, he should support the cause of their prosperity. (Nar. 11.38)

12. The Relationship between Man and Woman

Where the rules of marriage and other matters concerning women and men are declared, that is the topic of litigation called 'The Relationship between Man and Woman.' (Nar. 12.1)

In the relationship between a man and a woman, the betrothal is prescribed first. After the betrothal comes the taking of the hand, a twofold ceremony. (Nar. 12.2)

Of these two, the betrothal is said to be revocable upon the discovery of a defect. The status of a wife is made permanent by the mantras of the hand-taking ceremony. (Nar. 12.3)

In the marriage of Brāhmaṇas, Kṣatriyas, Vaiśyas, and Śūdras, a wife of one's own class is best, and for a woman, a husband of her own class. (Nar. 12.4)

A Brāhmaṇa may have three other wives in the regular order of the classes. A Śūdra woman may likewise have three other husbands in the reverse order of the classes. (Nar. 12.5)

A Kṣatriya may have two other wives; a Vaiśya is said to have one. A Vaiśya woman may have two husbands; a Kṣatriya woman may have one other husband. (Nar. 12.6)

Up to the seventh degree on the father's side and the fifth on the mother's, relatives are not to be married, nor are those of the same gotra or the same pravara. (Nar. 12.7)

A man's virility should be tested by the characteristic marks on his own body. If he is a man without any doubt, he is fit to receive a maiden. (Nar. 12.8)

His collarbone, knees, and bones are well-knit; his shoulders and neck are well-knit; his neck is thick, his skin is thin, and his gait and voice are not faltering. (Nar. 12.9)

His semen floats on water, and his urine is clear and foamy. A man is known by these signs; an impotent man by the reverse. (Nar. 12.10)

The wise have identified fourteen kinds of impotent men in the sacred texts. They are classified as curable and incurable, and their rule is stated in order. (Nar. 12.11)

Impotent by nature, castrated, and also periodically impotent; from a teacher's curse, from disease, and likewise from the wrath of a god. (Nar. 12.12)

Impotent with his own wife out of jealousy, impotent by congress with another man, one whose semen is afflicted by wind, one who practices oral sex, temporarily impotent, one whose seed is barren, the shy, and one who is potent only with other women. (Nar. 12.13)

Of these, the first two are incurable. The one called periodically impotent should be observed for a month. For the next three in order, the period is remembered to be one year. (Nar. 12.14)

The other four, beginning with the one impotent out of jealousy, should be abandoned like outcasts, even by a wife whose virginity has been lost. (Nar. 12.15)

In the case of a temporarily impotent man or one with barren seed, if the husband is incurable, another husband is prescribed for the wife after waiting for a year. (Nar. 12.16)

The virility of a shy man is aroused by intercourse with a bold woman. If his vigor is weak, one should employ other women, young girls, and so on. (Nar. 12.17)

He who is a man with another woman but not a man with his own wife, she may take another husband. This is the ordinance of Prajāpati. (Nar. 12.18)

Women were created for the sake of offspring; the woman is the field, and men are the sowers of seed. The field should be given to him who has seed; he who has no seed is not entitled to the field. (Nar. 12.19)

The father should give the maiden himself, or the brother with the father's consent; the maternal grandfather, the maternal uncle, and likewise kinsmen and relatives. (Nar. 12.20)

In the absence of all of these, the mother, if she is of sound mind. If she is not of sound mind, men of her own caste should give the maiden. (Nar. 12.21)

When there is no one at all, the maiden should go to the king. With his permission, having chosen a suitable groom, she may marry of her own accord. (Nar. 12.22)

She should choose one of equal class and suitable in family, appearance, age, and learning. With him she should perform her religious duties and from him she should produce sons. (Nar. 12.23)

A man who, having accepted a maiden, goes to another country, should be waited for for three menstrual periods; after that, the maiden may choose another groom. (Nar. 12.24)

A maiden should not neglect her menstrual period; she should inform her relatives. If they do not give her to a husband, they are equal to killers of an embryo. (Nar. 12.25)

As many menstrual periods of hers have passed without a husband, so many killings of an embryo are on him who does not give her away. (Nar. 12.26)

Therefore, a father should give his daughter away once, before her first menstruation. Otherwise, a great sin touches him; this is the rule for the good. (Nar. 12.27)

Once does the inheritance fall; once is a maiden given away; once does one say, 'I will give.' These three are done once and only once. (Nar. 12.28)

This rule is remembered for the five forms of marriage, beginning with the Brāhma. In the three forms beginning with the Āsura, the giving depends on the qualities of the groom. (Nar. 12.29)

If, after a bride-price has been received for a maiden, a better suitor should arrive who is endowed with Dharma, wealth, and love, an untruth may be spoken in that case. (Nar. 12.30)

One should not defame a faultless maiden, nor defame a faultless groom. But if there is a defect, there is no sin if they abandon each other. (Nar. 12.31)

He who, having justly given a maiden, does not deliver her to the groom, shall be punished by the king like a thief, if the groom is without fault. (Nar. 12.32)

He who gives away a faulty maiden without disclosing her fault, the king shall impose on him a fine of the first amercement. (Nar. 12.33)

A man who out of malice calls a maiden 'not a maiden' shall incur a fine of one hundred, if he cannot show her fault. (Nar. 12.34)

A groom who abandons a faultless maiden after accepting her shall be punished, and even if unwilling, he shall marry that same maiden. (Nar. 12.35)

One who has a long-standing or loathsome disease, is deformed, has had sexual intercourse, is unchaste, or has transferred her affection to another—these are declared to be the defects of a maiden. (Nar. 12.36)

Insane, an outcast, impotent, ill-fortuned, abandoned by his relatives, and the two previously mentioned defects of a maiden—this is the list of defects in a groom. (Nar. 12.37)

Eight forms of marriage are declared for the classes, for the sake of the sacrament. The Brāhma is the first of them, and likewise the Prājāpatya. (Nar. 12.38)

The Ārṣa and then the Daiva, the Gāndharva and the Āsura as well; the Rākṣasa is next after that, and the Paiśāca is remembered as the eighth. (Nar. 12.39)

In the Brāhma form, one should give the maiden, adorned, to a man whom one has invited and honored. (Nar. 12.40)

When one gives her away, saying, "Practice Dharma together," it is ordained as the Prājāpatya form. (Nar. 12.40)

When a pair of cattle and garments have been given, the marriage is called Ārṣa. The Daiva form is when she is given to a priest officiating at a sacrifice, within the sacrificial enclosure. (Nar. 12.41)

The mutual desire of a willing man and a willing woman is said to be the fifth form, called Gāndharva. The Āsura marriage is to be known from the transaction of a bride-price. (Nar. 12.42)

The Rākṣasa marriage is said to be from forcible abduction. The Paiśāca, the eighth and lowest, is from having intercourse with a sleeping or intoxicated woman. (Nar. 12.43)

Of these, the first four, beginning with the Brāhma, are declared to be righteous. The Gāndharva is common to all. The three after that are unrighteous. (Nar. 12.44)

Seven other kinds of women who have been with a previous man are declared in order. Among them, the remarried woman (punarbhū (पुनर्भू)) is of three kinds, and the unchaste woman (svairiṇī (स्वैरिणी)) is of four kinds. (Nar. 12.45)

A maiden who, though her virginity is intact, has been defiled by the hand-taking ceremony, is called the first kind of remarried woman (punarbhū (पुनर्भू)); she is worthy of a second consecration. (Nar. 12.46)

She who, having abandoned her first husband, takes refuge with another man, and then returns to her husband's house, is declared to be the second. (Nar. 12.47)

When there are no brothers-in-law, a woman who is given by her relatives to a man of her own class who is not a Sapiṇḍa, is declared to be the third. (Nar. 12.48)

A woman who, whether she has given birth or not, while her husband is still alive, takes refuge with another man out of lust, she is the first unchaste woman (svairiṇī (स्वैरिणी)). (Nar. 12.49)

She who, after her husband's death, having rejected even the appointed brothers-in-law, goes to another man out of lust, is declared to be the second. (Nar. 12.50)

She who has been brought from another country, purchased with money, or is afflicted by hunger and thirst, and who comes saying, "I am yours," is declared to be the third. (Nar. 12.51)

A woman who is given by her elders to another man of her own accord, out of consideration for the customs of the country, is remembered as the last unchaste woman (svairiṇī (स्वैरिणी)). (Nar. 12.52)

This is the rule declared for remarried women (punarbhuvāṃ (पुनर्भुवां)) and for unchaste women (svairiṇīnāṃ (स्वैरिणीनां)). Each preceding one is inferior; each succeeding one is superior. (Nar. 12.53)

Of these women, she who is taken for a price for the purpose of procreating offspring, the fruit belongs to him. But in the case of one who is obtained without a price, the fruit belongs to the owner of the field. (Nar. 12.54)

When seed is cast into a field without the knowledge of the owner of the field, the owner of the seed has no share in it; it belongs to the owner of the field alone. (Nar. 12.55)

Seed carried by a flood or the wind, which sprouts in someone's field, he whose field it is enjoys the fruit; the owner of the seed does not get a share of the fruit. (Nar. 12.56)

If a great bull, wandering in a herd, begets calves among someone's cows, those calves belong to him whose cows they are; the bull's emission is in vain. (Nar. 12.57)

When seed is cast into a field with the consent of the owner of the field, that offspring is considered to belong to both, the owner of the seed and the owner of the field. (Nar. 12.58)

Without a field, there can be no crop, nor can there be one without seed. Therefore, offspring is desired by Dharma to belong to both, the father and the mother. (Nar. 12.59)

When a man is seen together with a woman who has a husband, in another's house, it is known by the wise as adultery (saṃgrahaṇa (संग्रहण)); but not if she has come to his house of her own accord. (Nar. 12.60)

In the case of a man whose wife is depraved and has been abandoned, or who is impotent or consumptive, there is no offense of violence if another man approaches his wife with her consent. (Nar. 12.61)

When a man and a woman meet in private at an improper time or in an improper place, their meeting, conversation, and dalliance are the three stages of adultery (saṃgrahaṇa (संग्रहण)). (Nar. 12.62)

At the confluence of rivers, at sacred bathing places, in gardens, and in forests, if a man and a woman meet, it should be considered as adultery (saṃgrahaṇa (संग्रहण)). (Nar. 12.63)

By sending a female messenger, by sending letters, and by other signs of misconduct, all is remembered as adultery (saṃgrahaṇa (संग्रहण)). (Nar. 12.64)

He who touches a woman in a place where she should not be touched, or who, being touched, allows it, by mutual consent, that too shall be adultery (saṃgrahaṇa (संग्रहण)). (Nar. 12.65)

By sending food or drink, or clothes, garlands, and likewise perfumes, all is remembered as adultery (saṃgrahaṇa (संग्रहण)). (Nar. 12.66)

If out of arrogance, or folly, or for the sake of boasting, a man says of his own accord, "This woman was enjoyed by me before," all is remembered as adultery (saṃgrahaṇa (संग्रहण)). (Nar. 12.67)

He who seizes a woman by the hand, by her braid of hair, or by the hem of her garment, or says, "Stop, stop!"—all is remembered as adultery (saṃgrahaṇa (संग्रहण)). (Nar. 12.68)

For men, in a transgression with a woman of a higher class, the highest amercement is stated; in the reverse case (with a woman of a lower class), the middle amercement. For a hypogamous (pratiloma (प्रतिलोम)) union, however, the punishment is death. (Nar. 12.69)

For violating an unwilling maiden, the punishment is the cutting off of two fingers. For violating a woman of a higher class, it is death and the confiscation of all his property. (Nar. 12.70)

But with a willing maiden of the same class, there is no transgression; rather, having adorned and honored her, that same man should marry her. (Nar. 12.71)

One's mother, mother's sister, mother-in-law, maternal aunt, paternal aunt, the wife of a paternal uncle, friend, or pupil, one's sister, her friend, and one's daughter-in-law; (Nar. 12.72)

One's daughter, the wife of one's teacher, a woman of the same gotra, one who has sought refuge, a queen, a female ascetic, a wet-nurse, a virtuous woman, and a woman of a higher class— (Nar. 12.73)

He who has intercourse with any of these is called a violator of the teacher's bed. The punishment is the cutting off of the penis; no other is prescribed in that case. (Nar. 12.74)

He who has intercourse with an animal shall be fined one hundred. The middle amercement for intercourse with cows, and the same for intercourse with the lowest castes. (Nar. 12.75)

The punishment inflicted by the king disciplines one who has intercourse with a forbidden woman. In the rules of expiation, expiation is the means of purification. (Nar. 12.76)

An unchaste woman (svairiṇī (स्वैरिणी)) who is not a Brāhmaṇī, a prostitute, a female slave, and one who is not kept in the house—these women may be approached in the hypergamous order (ānulomyena (आनुलोम्येन)), but not in the hypogamous order (pratilomataḥ (प्रतिलोमतः)). (Nar. 12.77)

But even with these women who are available for enjoyment, there is an offense as with another's wife. Even if they are approachable, they should not be approached if they are the dependents of another. (Nar. 12.78)

If the husband of a woman who has not borne children should die, she, being appointed by her elders, should go to her brother-in-law with the desire for a son. (Nar. 12.79)

And he should receive her in the same way, until a son is born. When a son is born, he should cease; otherwise, it would be a transgression. (Nar. 12.80)

Having anointed their bodies with ghee or with unadulterated oil, avoiding mouth-to-mouth contact, and not touching limb to limb; (Nar. 12.81)

One should not approach a woman who has a son, one who is barren, one who has no menstrual flow, one who is unwilling, one who is pregnant, one who is blameworthy, or one who has not been appointed by her relatives. (Nar. 12.82)

A woman who, not being appointed, begets a son from her brother-in-law, the speakers of Dharma call him born of an adulterous union and not entitled to inherit. (Nar. 12.83)

Likewise, if a younger brother, being appointed, goes to the wife of his elder brother, or an elder brother to the wife of his younger brother, both of them are violators of the teacher's bed. (Nar. 12.84)

But when the family is on the verge of extinction, for the sake of progeny and not out of lust, a man, appointed by his elders, may go to the wife of his younger brother. (Nar. 12.85)

If there is no elder, the impending extinction of the family should be reported to the king. Then, by his command, he may approach her, after instructing her. (Nar. 12.86)

According to the previously stated rule, when she has bathed after the ceremony for ensuring a male child, he, being pure, may approach her once, or until conception. Once she is pregnant, she is his daughter-in-law. (Nar. 12.87)

A man or a woman who acts otherwise out of lust shall be severely punished by the king; if they are not restrained, they would be sinners. (Nar. 12.88)

In a quarrel arising from jealousy and envy, caused by passion, a husband and wife may dispute, but not before their kinsmen or the king. (Nar. 12.89)

There is no sin for a husband and wife who abandon each other if they are mutually opposed, except in the case of a wife's secret misconduct. (Nar. 12.90)

For a wife's misconduct, the punishment is shaving her head, making her lie on a low bed, giving her bad food and a bad garment, and the work of sweeping up refuse. (Nar. 12.91)

A woman who has lost all her property and her woman's property (strīdhana (स्त्रीधन)), who has caused an abortion, and who desires the death of her husband—such a woman should be banished from the house. (Nar. 12.92)

A wise man should banish a woman who is constantly engaged in mischief, who is always disagreeable in her speech, and who eats before her husband. (Nar. 12.93)

A man should not, out of passion, take pleasure in a wife who is barren, who gives birth only to daughters, who is blameworthy, and who is always hostile; by doing so, he incurs sin. (Nar. 12.94)

A man who abandons a wife who is compliant, not harsh in speech, skillful, virtuous, and has borne children, shall be compelled by the king with a heavy punishment. (Nar. 12.95)

A woman who was married without knowledge of a defect, who has left her husband but has not taken refuge with another, should be appointed by her relatives; if she has no relatives, she may take refuge with another of her own accord. (Nar. 12.96)

When the husband is lost, dead, has become an ascetic, is impotent, or has been cast out—in these five calamities, another husband is ordained for women. (Nar. 12.97)

A Brāhmaṇa woman should wait for her absent husband for eight years. If she has not borne children, for four years; after that, she may take refuge with another. (Nar. 12.98)

A Kṣatriya woman should wait for six years; if she has not borne children, for three years. A Vaiśya woman who has borne children should wait for four years; the other (who has not) should wait for two years. (Nar. 12.99)

No time limit is prescribed for a Śūdra woman, nor is it a transgression of Dharma, especially if she has not borne children; her waiting period is up to one year. (Nar. 12.100)

This is the prescribed Dharma for the wives of absent husbands when there is no news of them. If he is heard to be alive, this rule shall be doubled. (Nar. 12.101)

For the propagation of beings, this is the creation of Prajāpati. Therefore, for women who go to another man in such cases, there is no fault. (Nar. 12.102)

The birth that occurs in the regular order (ānulomyena (आनुलोम्येन)) of the classes is remembered as the rule. The birth that occurs in the reverse order (prātilomyena (प्रतिलोम्येन)) is to be known as caste intermixture (varṇasaṃkara (वर्णसंकर)). (Nar. 12.103)

A son is remembered as being of the next class, of the class once removed, and of the class twice removed, both in the regular order (ānulomyena (आनुलोम्येन)) and in the reverse order (pratilomataḥ (प्रतिलोमतः)). (Nar. 12.104)

An Ugra (उग्र), a Pāraśava (पारशव), and a Niṣāda (निषाद) are born in the regular order (anulomataḥ (अनुलोमतः)). These three are declared to be the sons of a Śūdra woman from the three higher classes. (Nar. 12.105)

From a Brāhmaṇa woman are born a Cāṇḍāla (चाण्डाल), a Sūta (सूत), and a Vaidehaka (वैदेहक). These three are to be known as born in the reverse order (pratilomataḥ (प्रतिलोमतः)) from the three lower classes. (Nar. 12.106)

An Ambaṣṭha (अम्बष्ठ), a Māgadha (मागध), and a Kṣattā (क्षत्ता) are the sons of a Kṣatriya woman. Of these, one is born in the regular order (ānulomyena (आनुलोम्येन)), and two are to be known as born in the reverse order (pratilomataḥ (प्रतिलोमतः)). (Nar. 12.107)

The sons of a Vaiśya woman are the Dauṣṣanta (दौष्षन्त), the Yavana (यवन), and the Āyogava (आयोगव). Of these, one is born in the reverse order (prātilomyena (प्रातिलोम्येन)), and two are to be known as born in the regular order (ānulomajau (आनुलोमजौ)). (Nar. 12.108)

Those born in the reverse order (pratilomāḥ (प्रतिलोमाः)), such as the Sūta (सूत), who are born from a hypogamous union of castes, are mixed castes (saṃkarāḥ (संकराः)), like the Śvapāka and others; their group is twenty-one. (Nar. 12.109)

The son of a Brāhmaṇa woman is of the same class. From a Kṣatriya woman, he is of the next class. The Ambaṣṭha (अम्बष्ठ) and the Ugra (उग्र) are likewise the sons of Kṣatriya and Vaiśya men, respectively. (Nar. 12.110)

The son born to a Vaiśya woman from a Brāhmaṇa, with one class in between, is a Dauṣṣanta (दौष्षन्त). Likewise, the son born to a Śūdra woman from a Kṣatriya is called a Niṣāda (निषाद). (Nar. 12.111)

A Śūdra woman gives birth to a Pāraśava (पारशव), a superior son, from a Brāhmaṇa. These are declared to be the sons born in the regular order (ānulomyena (आनुलोम्येन)) of the classes. (Nar. 12.112)

A Sūta (सूत), a Māgadha (मागध), and an Āyogava (आयोगव) are likewise sons born in the reverse order (prātilomyena (प्रातिलोम्येन)) of the classes, and they are of the next class. (Nar. 12.113)

The son born to a Brāhmaṇa woman from a Kṣatriya is remembered as a Sūta (सूत), of the next class. Likewise, the Māgadha (मागध) and the Āyogava (आयोगव) are the two sons from Vaiśya and Śūdra men, respectively. (Nar. 12.114)

A Brāhmaṇa woman, from a Vaiśya with one class in between, gives birth to a son called a Vaidehaka (वैदेहक). Likewise, a Kṣatriya woman, from a Śūdra, gives birth to a son called a Kṣattā (क्षत्ता), with one class in between. (Nar. 12.115)

The most sinful in the mixed castes (saṃkara (संकर)) is born with two classes in between in the reverse order (prātilomyena (प्रातिलोम्येन)): a Cāṇḍāla (चाण्डाल) is born when a Brāhmaṇa woman errs with a Śūdra. (Nar. 12.116)

The king must ensure that caste intermixture (varṇasaṃkara (वर्णसंकर)) does not occur. Therefore, the king must especially protect the three Vedas from intermixture. (Nar. 12.117)

13. Inheritance

When the partition of the paternal estate is undertaken by the sons, that is called 'Inheritance' (dāyabhāga (दायभाग)), a topic of litigation by the wise. (Nar. 13.1)

After the father is dead, the sons should divide the father's wealth. The daughters should divide the mother's wealth; in their absence, their issue. (Nar. 13.2)

When the mother's menstrual periods have ceased, and the sisters have been given in marriage, and when the father, though not dead, has retired from worldly affairs, his desire for them having ceased. (Nar. 13.3)

Or the father himself may divide his sons while he is still in his prime, giving the eldest a preferential share, or as he may think fit. (Nar. 13.4)

The eldest brother should support all the others like a father, if they wish. Or a capable younger brother may do so; the performance of duties in a family depends on ability. (Nar. 13.5)

Excluding the wealth gained by valor, the wealth of a wife, and what is wealth gained by learning—these three are indivisible, and also a gift of favor from the father. (Nar. 13.6)

Whatever wealth is given by a mother out of affection, the same rule is seen for that; for a mother is also a master, just as a father is. (Nar. 13.7)

What is given before the nuptial fire, what is given in the bridal procession, the husband's gift, and what is given by a brother, mother, or father—this is remembered as the sixfold woman's property (strīdhana (स्त्रीधन)). (Nar. 13.8)

Woman's property (strīdhana (स्त्रीधन)) goes to her offspring; if she is childless, it goes to her husband in the case of the four forms of marriage beginning with the Brāhma. In the other forms, it goes to her father. (Nar. 13.9)

He who supports the family of a brother while he is acquiring knowledge shall receive a share from that wealth of learning, even though he himself is unlearned. (Nar. 13.10)

A learned man need not, if he is unwilling, give a share of his own wealth to an unlearned man, unless that wealth was acquired by using the paternal property. (Nar. 13.11)

A father, when partitioning his property, should take two shares for himself. The mother shall be an equal sharer with the sons after the husband's death. (Nar. 13.12)

An additional share should be given to the eldest, and the best portion is remembered for the eldest. The rest shall be equal sharers, and likewise an unmarried sister. (Nar. 13.13)

Even in the case of sons born of the wife (kṣetraja (क्षेत्रज)) according to Dharma, the same rule applies. For those born of wives of a lower class, there is a reduction of the share in succession. (Nar. 13.14)

For those who have been partitioned by the father himself with unequal, greater, or equal shares of wealth, that same rule shall be binding, for the father is the master of all. (Nar. 13.15)

The son of a maiden (kānīna (कानीन)), the son brought with the bride (sahoḍha (सहोढ)), and he who is born of a woman secretly—their father is to be known as the man who marries the woman, and they are remembered as sharers of the inheritance. (Nar. 13.16)

He whose father is unknown and who is the son of an unmarried mother (kānīna (कानीन)), he shall give the funeral cake to his maternal grandfather and shall inherit his property. (Nar. 13.17)

Those who are born to a woman not appointed, whether by one man or by many, are all not sharers of the inheritance; they are the sons of the owner of the seed. (Nar. 13.18)

They shall give the funeral cake to the owner of the seed, if the mother was taken for a price. But if she was obtained without a price, they are givers of the funeral cake to the man who married her. (Nar. 13.19)

One who hates his father, an outcast, an impotent man, and one who has committed a minor sin—even if they are legitimate sons (aurasa (औरस)), they shall not receive a share; how then could sons of the wife (kṣetraja (क्षेत्रज))? (Nar. 13.20)

Those afflicted with a long and severe disease, the idiotic, the insane, the blind, and the lame—they must be maintained by the family, but their sons are sharers of the inheritance. (Nar. 13.21)

Sons of two fathers shall give the funeral cake and water separately to both. They shall take half a share of the inheritance from the owner of the seed and the owner of the field, respectively. (Nar. 13.22)

The share of reunited co-parceners belongs to them alone. Otherwise, the sharers of the inheritance, in the absence of issue, shall be the others. (Nar. 13.23)

If a brother should die without issue or become an ascetic, the remaining brothers shall divide his wealth, except for the woman's property (strīdhana (स्त्रीधन)). (Nar. 13.24)

And they shall maintain his wives until the end of their lives, if they preserve their husband's bed; but they may take away their property if they act otherwise. (Nar. 13.25)

If a man has a daughter, her paternal share is intended for her maintenance. She shall share in it until her consecration; after that, her husband shall support her. (Nar. 13.26)

When the husband is dead, the husband's family is the master of a childless woman. They have authority over her appointment, her protection, and her maintenance. (Nar. 13.27)

When the husband's family is extinct, without a man, and without support, and when his Sapiṇḍas are also not present, the father's family is the master of the woman. (Nar. 13.28)

When both families are extinct, the king is remembered as the husband of the woman. He should provide for her maintenance and restrain her if she strays from the path. (Nar. 13.29)

Even women born in a noble family are ruined by independence. Therefore, Prajāpati ordained their lack of independence. (Nar. 13.30)

The father protects her in maidenhood, the husband protects her in youth, the sons protect her in widowhood; a woman does not deserve independence. (Nar. 13.31)

What remains from the paternal inheritance, after paying the paternal debt, that shall be divided by the brothers, so that the father may not be a debtor. (Nar. 13.32)

For those for whom the rites of consecration have not been performed in order by the father, they must be performed by their brothers from that paternal wealth. (Nar. 13.33)

If there is no paternal property, the consecrations must be performed by the brothers who were previously consecrated, by taking from their own shares. (Nar. 13.34)

He who is engaged in the affairs of the family and performs its duties shall be supported by his brothers with food, clothing, and a vehicle. (Nar. 13.35)

In case of doubt about the rules of partition, the determination among the heirs is made by kinsmen, by a deed of partition, and by the separate performance of their affairs. (Nar. 13.36)

For undivided brothers, one Dharma prevails. When there is a partition, their Dharma also becomes separate for each. (Nar. 13.37)

Giving, taking, cattle, food, house, field, and possessions are to be known as separate for the divided, as are their cooking, religious duties, income, and expenditure. (Nar. 13.38)

Acting as a witness, suretyship, giving, and taking—divided brothers may do these for each other, but not undivided brothers. (Nar. 13.39)

Those heirs for whom these actions are practiced in the world, one should know them to be divided, even without a written document. (Nar. 13.40)

If there are many born of one father, with separate religious duties, separate actions, and separate qualities and occupations, they are not to be considered as united in their affairs. (Nar. 13.41)

If they give away their own shares, or sell them, they may do all that as they please, for they are masters of their own wealth. (Nar. 13.42)

The legitimate son (aurasa (औरस)), the son of the wife (kṣetraja (क्षेत्रज)), the son of an appointed daughter (putrikāputra (पुत्रिकापुत्र)), the son of a maiden (kānīna (कानीन)), the son brought with the bride (sahoḍha (सहोढ)), and the secretly born son (gūḍhotpanna (गूढोत्पन्न)); (Nar. 13.43)

The son of a remarried woman (paunarbhava (पौनर्भव)), the cast-off son (apaviddha (अपविद्ध)), the received son (labdha (लब्ध)), the purchased son (krīta (क्रीत)), the made son (kṛta (कृत)), and the self-offered son (svayamupāgata (स्वयमुपागत))—these twelve sons are declared. (Nar. 13.44)

Of these, six are kinsmen and heirs, and six are not heirs but kinsmen. Each preceding one is remembered as superior; each succeeding one is inferior. (Nar. 13.45)

In order, they shall take his wealth after the father's death. In the absence of a superior one, the next inferior one shall obtain it. (Nar. 13.46)

In the absence of a son, the daughter inherits, because of the similarity of their lineage. Both the son and the daughter are declared to be the perpetuators of the father's lineage. (Nar. 13.47)

In the absence of daughters, the near kinsmen, then the distant kinsmen, then those of the same caste; in the absence of all, it goes to the king. (Nar. 13.48)

Except for the property of a Brāhmaṇa. But a king devoted to Dharma shall give a living to his wives; this is remembered as the law of inheritance. (Nar. 13.49)

14. Crimes of Violence

Whatever act is done with force by those puffed up with strength and arrogance, that is called a crime of violence (sāhasam (साहसम्)); sahas is said here to mean strength. (Nar. 14.1)

It is further known to be of three kinds: the first, the middle, and the highest; and their characteristics are stated separately in the sacred texts. (Nar. 14.2)

By breaking, throwing, or crushing fruits, roots, water, and the like, and implements of agriculture, the first crime of violence (sāhasam (साहसम्)) is remembered. (Nar. 14.3)

In the same manner, with regard to clothes, cattle, food, drink, and household implements, the middle crime of violence (sāhasam (साहसम्)) is remembered. (Nar. 14.4)

Killing by poison, weapons, and the like, the violation of another's wife, and whatever else is life-threatening, is declared to be the highest crime of violence (sāhasam (साहसम्)). (Nar. 14.5)

The punishment for the first, depending on the act, is at least one hundred. For the middle, it is known by the wise in the scriptures to be at least five hundred. (Nar. 14.6)

Death, confiscation of all property, banishment from the city, branding, and the cutting off of a limb—this is declared as the punishment for the highest crime of violence (sāhasam (साहसम्)). (Nar. 14.7)

This rule of punishment is remembered for all without distinction, except for the death of a Brāhmaṇa; a Brāhmaṇa does not deserve death. (Nar. 14.8)

The shaving of his head is his punishment, his banishment from the city, a brand of infamy on his forehead, and parading him on a donkey. (Nar. 14.9)

In the first two cases, they may be dealt with after receiving their punishment. But in the highest crime of violence (sāhasam (साहसम्)), even after receiving punishment, he is known to be unfit for company at meals. (Nar. 14.10)

A subdivision of this is theft; a distinction is stated there. They call a crime of violence (sāhasam (साहसम्)) an act of aggression, but theft is by deceit. (Nar. 14.11)

That too is said by the wise to be of three kinds, depending on the object, by the taking away of low, middling, and high-value objects. (Nar. 14.12)

Earthenware, a seat, a bed, bone, wood, leather, grass, and the like, and beans, pulse, and the like, are declared to be low-value objects. (Nar. 14.13)

Garments other than silk, cattle other than cows, metals other than gold, and rice and barley are middling objects. (Nar. 14.14)

Gold, gems, silk, men, women, cows, elephants, and horses, and the property of a god, a Brāhmaṇa, or a king are to be known as high-value objects. (Nar. 14.15)

The taking away of these by various means, by deceiving those who are asleep, heedless, or intoxicated, the wise call theft. (Nar. 14.16)

Theft is proven by being caught with the stolen goods; if the goods are not present, by their use. Suspicion arises from association with wicked people, and from income and expenditure without a source. (Nar. 14.17)

Those who give food and shelter to roaming thieves, and those who, though able, are indifferent, they too share in that guilt. (Nar. 14.18)

And those who, hearing people cry out while their property is being stolen, do not run to their aid, they too share in that guilt. (Nar. 14.19)

The same punishment that has been stated by the wise for the three kinds of crimes of violence (sāhasam (साहसम्)) is also the punishment for theft, in order, for the three kinds of objects. (Nar. 14.20)

When cattle and other property are lost or stolen, those skilled in it should conduct a search by following the tracks from the very source. (Nar. 14.21)

Wherever the track leads, in a village, a pasture, or a clearing, the responsibility for the stolen goods falls on that place, unless the track is led away from there. (Nar. 14.22)

If the track is lost or broken, or is on uneven ground near a settlement, it should be traced to the nearest village or pasture. (Nar. 14.23)

On a level path, where there are two villages, the responsibility falls on the one where the people are generally impure, or have been seen in previous misdeeds, or are associated with wicked people. (Nar. 14.24)

In villages, the search should be conducted by Cāṇḍālas, executioners, and others. Those who wander at night should conduct the search outside; those who live outside should do so there. (Nar. 14.25)

If the thieves cannot be found, the king should pay from his own treasury. For if he is negligent, he becomes sinful and loses both Dharma and wealth. (Nar. 14.26)

15. Verbal Assault

Abusive language connected with insults to one's country, caste, family, and the like, which has a hostile meaning, is called verbal assault (vākpāruṣya (वाक्पारुष्य)). (Nar. 1516.1)

It is remembered as being of three kinds: harsh, obscene, and severe. According to the order of their gravity, the punishment here is also progressively severe. (Nar. 1516.2)

Harsh language is known as reproachful; obscene is that which is connected with an insult to a limb. The wise call severe that which involves accusations of acts causing loss of caste. (Nar. 1516.3)

16. Physical Assault

An attack on another's body with hands, feet, weapons, and the like, and injury with ashes and the like, is called physical assault (daṇḍapāruṣya (दण्डपारुष्य)). (Nar. 1516.4)

Its threefold nature is also seen, in order: light, medium, and highest, by threatening, touching, striking, and showing blood. (Nar. 1516.5)

By the transgression of low, medium, and high-value objects, they call these the three crimes of violence (sāhasam (साहसम्)); there the clearing of thorns is prescribed. (Nar. 1516.6)

A fivefold rule is stated for both of these, as to how acquittal and liability to punishment are connected there. (Nar. 1516.7)

When a quarrel has arisen between two agitated persons out of anger, he who yields is praised; he who persists is liable to punishment. (Nar. 1516.8)

Of two persons involved in the fault of assault, who have acted simultaneously, if no distinction is seen, the punishment shall be equal for both. (Nar. 1516.9)

He who abuses first is certainly the one at fault. He who does so afterwards is also a wrongdoer, but the punishment for the first is heavier. (Nar. 1516.10)

Of two who have committed an offense, he who continues it again, he shall receive the punishment of both, whether he was the first or the other. (Nar. 1516.11)

In the case of Śvapākas, eunuchs, Cāṇḍālas, the deformed, those who live by execution, the wives of elephant keepers, apostates, and slaves, and the wives of gurus and teachers; (Nar. 1516.12)

For transgressing the bounds of propriety, immediate death is the only discipline. And the wise do not call that a fault of physical assault. (Nar. 1516.13)

Whichever respectable person among men these people may transgress against, that person himself should inflict the punishment; the king is not liable for that punishment. (Nar. 1516.14)

These are the impurities of mankind; their wealth is of an impure nature. The king may even have them killed; he should not punish them with a fine. (Nar. 1516.15)

A Kṣatriya who abuses a Brāhmaṇa deserves a fine of one hundred. A Vaiśya, one hundred and fifty or two hundred; a Śūdra deserves death. (Nar. 1516.16)

A Brāhmaṇa shall be fined fifty for defaming a Kṣatriya. For defaming a Vaiśya, it shall be twenty-five; for a Śūdra, the fine is twelve. (Nar. 1516.17)

For a transgression between twice-born of the same class, the fine is twelve. In disputes involving unmentionable words, it shall be double that. (Nar. 1516.18)

He who calls a one-eyed man, or a lame man, or another such person by their defect, even if it is true, shall be made to pay a fine of at least one kārṣāpaṇa by the king. (Nar. 1516.19)

One should not revile a man with a sin for which he has been purified according to the scriptures, nor one who has been punished by the king; by transgressing this, one becomes liable to punishment. (Nar. 1516.20)

In this world, two are declared to be unspeakable and unpunishable: a Brāhmaṇa and the king, for they support this world. (Nar. 1516.21)

By calling an outcast an outcast, or a thief a thief, one incurs an equal fault by the statement; if it is false, one incurs a double fault. (Nar. 1516.22)

For a Śūdra who, with intent to injure, takes the name and caste of the twice-born, an iron stake, eighteen fingers long, should be driven into his mouth. (Nar. 1516.23)

For him who, out of arrogance, gives religious instruction to the twice-born, the king should have hot oil poured into his mouth and ears. (Nar. 1516.24)

With whatever limb a man of a lower class injures a Brāhmaṇa, that limb of his should be cut off; thus he obtains purification. (Nar. 1516.25)

A low-born man who desires to sit on the same seat as a superior man should be banished after being branded on his hip, or the king should have his buttock cut off. (Nar. 1516.26)

If he spits on him out of arrogance, the king should have both his lips cut off. If he urinates on him, his penis; if he breaks wind on him, his anus. (Nar. 1516.27)

If he seizes him by the hair, the king should have his hands cut off without hesitation; and likewise for seizing him by the feet, the nose, the neck, or the testicles. (Nar. 1516.28)

He who insults the king while he is engaged in his own duties, his purification shall be by cutting out his tongue, or by the confiscation of all his property. (Nar. 1516.29)

He who, though having committed an offense, strikes the king, that wicked man should be roasted in a fire on a stake; he is worse than a hundred killers of a Brāhmaṇa. (Nar. 1516.30)

The father is not liable for the offense of his son, nor the owner of a dog for the dog's offense, nor the owner of a monkey for the monkey's, unless he has incited them. (Nar. 1516.31)

17. Gambling and Betting

Playing with dice, leather strips, rods, and the like, which is done deceitfully, and betting with birds, is the topic of 'Gambling and Betting.' (Nar. 17.1)

The keeper of the gambling house should arrange the game and should pay what is due from it. A tenth part of a hundred shall be his profit from arranging the game. (Nar. 17.2)

In a game of dice, if the dice fall twice in the same way for one player, they say the victory is his; for the other player, it is a defeat. (Nar. 17.3)

Gamblers should rely on other gamblers in case of a dispute. They themselves shall be the investigators of it, and they themselves shall be the witnesses. (Nar. 17.4)

A dishonest gambler should not resort to another gambling circle. He should not strike the keeper of the house, who may make him pay what he owes by his own means. (Nar. 17.5)

The king should banish from the gambling circle those sinful men who play with false dice, hanging a garland of dice around their necks, for this is remembered as their punishment. (Nar. 17.6)

18. Miscellaneous Matters

In 'Miscellaneous Matters,' legal disputes concerning the king are to be known: defiance of the king's commands, and the performance of his work. (Nar. 18.1)

The granting of a city, causing dissension among the constituent elements of the state, and likewise the subversion of the laws of heretics, corporations, guilds, and groups. (Nar. 18.2)

Disputes between father and son, and the transgression of expiation rites. (Nar. 18.3)

Also, the failure to give a promised gift, the anger of ascetics, the fault of caste intermixture (varṇasaṃkara (वर्णसंकर)) and the regulation of their conduct, and whatever was not seen in previous topics—all this falls under 'Miscellaneous Matters' (prakīrṇake (प्रकीर्णके)). (Nar. 18.3-4)

The king, being attentive, should protect all the stages of life with the four means prescribed by the scriptures and with natural means as well. (Nar. 18.5)

Whichever class falls away, or whichever goes to excess, having seen it has strayed from its own path, he should establish it back on the path. (Nar. 18.6)

And in other actions that are not stated in the scriptures and are connected with sin, the king, having considered the matter himself, should inflict punishment on those who deserve it. (Nar. 18.7)

What is contrary to the Śruti and Smṛti, and what is not beneficial to the people, the king should not put into practice, and what is already in practice, he should stop. (Nar. 18.8)

What has been done unjustly or out of ignorance by another king, that too, being established contrary to justice, he should restore to the path of justice. (Nar. 18.9)

Whatever man does not follow the laws established by the king, that sinner is to be punished and is worthy of death for violating the king's command (rājaśāsanam (राजशासनम्)). (Nar. 18.10)

The weapons of soldiers, the beasts of burden and other things of those who live by them, the ornaments of courtesans, and the musical instruments of those who know them; (Nar. 18.11)

And whatever is the tool of any artisan by which he lives—even in the confiscation of all property, the king should not take these. (Nar. 18.12)

The lord of the earth is without beginning and without end among bipeds, because of his brilliance and purity, if he does not stray from the path. (Nar. 18.13)

If the king did not wield the rod of punishment for all the classes that have strayed from the path, these people would perish. (Nar. 18.14)

A Brāhmaṇa would abandon his Brāhmaṇical nature, a Kṣatriya would give up his Kṣatriya nature, a Vaiśya would abandon his own work, and a Śūdra would transgress against all. (Nar. 18.15)

If there were no king on earth to wield the rod of punishment, the stronger would roast the weaker like fish on a spit. (Nar. 18.16)

The constant protection of the good and the punishment of the wicked—this is remembered as the Dharma of kings, and their wealth comes from the affliction of their enemies. (Nar. 18.17)

Just as fire is not tainted while constantly burning these creatures, so a king is not tainted by inflicting punishment on those who deserve it. (Nar. 18.18)

Command is the power of kings, and that is established in their speech. Whatever they say, whether wrong or right, that is the law for litigants. (Nar. 18.19)

This one, called the king, moves on earth as the thousand-eyed one in person. The people should never stand anywhere in transgression of his command. (Nar. 18.20)

Because of his authority to protect, his lordship, and his display of favor to beings, whatever the king does, that is the standard; this is the established rule. (Nar. 18.21)

Just as a husband, even if without virtues, is always to be revered by his wives, so the lord of men, even if without virtues, is to be revered by his subjects. (Nar. 18.22)

The subjects have been purchased by the king through his austerity; therefore, the king is their master. Therefore, they must abide by his word, and their livelihood depends on him. (Nar. 18.23)

Kings of immeasurable power assume five forms: of Agni, of Indra, of Soma, of Yama, and of Dhanada. (Nar. 18.24)

When the king, with or without cause, overcome by anger, burns his subjects, then he is called Agni. (Nar. 18.25)

When the king, having taken up his brilliant power, desirous of victory and with weapons raised, attacks his enemies, then he is called Indra. (Nar. 18.26)

When the king, his anger and heat having passed, with a joyful appearance, grants an audience to his subjects, he is then called Soma. (Nar. 18.27)

When the glorious king, seated on the throne of justice, wields the rod of punishment, being equal to all beings, then he is Yama Vaivasvata. (Nar. 18.28)

When the lord of the earth bestows favor with gifts upon petitioners, gurus, the wise, servants, and others, then he is remembered as Dhanada. (Nar. 18.29)

Therefore, one should not disrespect him, nor revile him, nor transgress against him. One should abide by his command; death would result from its violation. (Nar. 18.30)

His duty is the protection of his subjects, attendance upon the aged and wise, the examination of legal disputes, and the protection of himself. (Nar. 18.31)

The king should always serve Brāhmaṇas with a concentrated mind. The Kṣatra power, when united with the Brāhmaṇa power, is the root of the protection of the world. (Nar. 18.32)

A Brāhmaṇa is not to be passed over; he has a seat in front of the king, the first audience in the morning, and a salutation before all others. (Nar. 18.33)

The first share of the new crops, and the right of way when he is walking. His entry into another's house for the sake of alms is unrestricted. (Nar. 18.34)

In taking sacrificial wood, flowers, and water, there is no theft, even from one who has property. He is not to be reproached by others, and he may converse with another's wife. (Nar. 18.35)

He may cross rivers without paying a fare, and he has the right to cross first. He pays no toll at ferries, provided it is not his trade. (Nar. 18.36)

A Brāhmaṇa, traveling on a journey, weary, and taking without staying, commits no offense by taking two sugarcanes or five roots. (Nar. 18.37)

He should not accept gifts from those who are accused, nor from outcasts, nor from enemies, nor from an atheist, nor from one who is deceitful, nor without cause, nor by oppressing the giver. (Nar. 18.38)

Because of the abundance of wealth and the duty of giving for great souls, accepting gifts from kings is better than from others, except for a Brāhmaṇa. (Nar. 18.39)

Both the Brāhmaṇa and the king are firm in their vows. There is no difference between them in the protection of the people and Dharma. (Nar. 18.40)

For a king who knows Dharma, is grateful, and punishes the impure for the sake of protection, his wealth, though acquired with severity, is declared to be pure. (Nar. 18.41)

Just as a confluence of pure and impure waters finds equilibrium in the ocean, so does the income of a king. (Nar. 18.42)

And just as gold placed in a blazing fire attains purity, so all incomes attain purity in the hands of kings. (Nar. 18.43)

Whatever any person gives of his own property to Brāhmaṇas, that must also be approved by the king; this is the eternal Dharma. (Nar. 18.44)

A tax, different from the customary one known as the sixth part of the land's produce, is ordained for him as his wage for protecting his subjects. (Nar. 18.45)

What has been made the property of a non-Brāhmaṇa can be taken back again. But what has been given to a Brāhmaṇa, that cannot be taken back again. (Nar. 18.46)

Giving, studying, and sacrificing are his threefold duties. Teaching, officiating at sacrifices, and thirdly, accepting gifts are his means of livelihood. (Nar. 18.47)

A twice-born should abide in his own duty and should pursue an established livelihood. He should not accept gifts from the wicked, nor from other classes if there is no restriction. (Nar. 18.48)

He at whose word an impure man becomes pure, and a pure man immediately becomes impure—how is the king not a divinity? (Nar. 18.49)

Those twice-born who know the divinity of a king of immeasurable power, they, by accepting gifts from him, are not tainted. (Nar. 18.50)

In this world, there are eight auspicious things (maṅgalāny aṣṭau (मङ्गलान्यष्टौ)): a Brāhmaṇa, a cow, fire, gold, ghee, the sun, water, and eighth, the king. (Nar. 18.51)

These one should constantly see, salute, and worship. One should also circumambulate them, for thus one's life is not diminished. (Nar. 18.52)

Appendix

19. Theft

Thieves who take away another's property are to be known as of two kinds: open and secret. A self-controlled king should know them. (Nar. 19.1)

Among them, open cheats are those who use false weights and measures, extortioners, tricksters, gamblers, prostitutes, (Nar. 19.2)

counterfeiters, and those who live by proclaiming auspicious signs. These and others like them are to be known as open cheats of the people. (Nar. 19.3)

And secret thieves are to be known as those who operate outside and inside. They rob sleeping and heedless men, and also by attacking them. (Nar. 19.4)

Destroyers of districts, villages, and houses, highwaymen, and cutpurses—these and others like them are to be known as secret thieves. (Nar. 19.5)

Having identified them through very skillful spies who practice the same trade, they should be pursued and caught by men who are secretly deployed. (Nar. 19.6)

Assembly halls, watering places, cake shops, brothels, places selling liquor and food, crossroads, sacred trees, public gatherings, and spectacles; (Nar. 19.7)

empty houses, forests, and temples—these should be infiltrated by spies intent on catching thieves. (Nar. 19.8)

Likewise, other trustworthy and clever-speaking spies, who were formerly thieves, should be deployed; they should incite those thieves. (Nar. 19.9)

By providing food and drink, by attending social gatherings and festivals, and by pretending to be thieves, they should make contact with them. (Nar. 19.10)

Those who do not approach, even when sent for by the deployed spies, they should be surrounded and seized, along with their sons, cattle, and relatives. (Nar. 19.11)

Those thieves whom he catches there, he should have them beaten, disgraced, publicly proclaimed everywhere, and executed by various forms of death. (Nar. 19.12)

But thieves who are not caught with the stolen goods and have no prior record should not be executed by the king. He should quickly punish thieves who are caught with the stolen goods and their tools. (Nar. 19.13)

Those who are destroyers of their own country and also highway robbers, he should confiscate all their property and then inflict further disgrace upon them. (Nar. 19.14)

He should interrogate thieves caught on suspicion, without the stolen goods. By various frightening stratagems, they will tell what they have done. (Nar. 19.15)

In an interrogation, they should be asked about the place, time, direction, caste, name or residence, the deed, or their accomplices. (Nar. 19.16)

From a change in their complexion, voice, and appearance, from a confused statement, from being seen at an improper place and time, and from not clearing their residence of suspicion; (Nar. 19.17)

from improper expenditure, from a previous history of theft, and from association with the wicked—they are to be identified by clues, not just by being caught with the stolen goods. (Nar. 19.18)

If there is suspicion that a man is engaged in robbery or is a thief, if he is touched by a clue, an oath should then be administered. (Nar. 19.19)

Those who give food to thieves, and those who give them fire and water, those who give them shelter or directions, and likewise those who give them information; (Nar. 19.20)

and the buyers of stolen goods and those who receive them—all these are remembered as deserving the same punishment as the thieves, and also those who conceal them. (Nar. 19.21)

The officials in the districts and the local chiefs, when called upon, who remain neutral during attacks, they are just like thieves. (Nar. 19.22)

In whose pasture a theft occurs, he must diligently search for the thieves. Otherwise, he must pay for the theft, if the track does not lead out. (Nar. 19.23)

But if that track leads out and is lost or falls elsewhere, he should make the local chiefs, the road guards, and the guards of the directions pay. (Nar. 19.24)

If a house is robbed, the king should make the thief-catchers pay. And the watchmen and district officers, if the thief is not found. (Nar. 19.25)

If there is doubt about the theft among those being made to pay, the one who was robbed should be made to swear an oath for the purpose of clearing the theft. (Nar. 19.26)

If an innocent person is made to pay for a theft for the purpose of clearing the matter, and the thief is later found, they shall receive back double what they paid. (Nar. 19.27)

He should diligently restore the stolen property in its original form. In its absence, its value should be paid, and he should be made to pay a fine equal to it. (Nar. 19.28)

For the theft of wood, sticks, grass, and the like, and of earthenware; of bamboo and things made of bamboo, of sinew, bone, and leather; (Nar. 19.29)

of vegetables, greens, and roots, of fruits and flowers; of milk products and sugarcane products, and likewise of salt and oil; (Nar. 19.30)

of cooked food, prepared meals, liquor, and meat—for all things of low value, the fine is five times the value. (Nar. 19.31)

For things that are weighed, measured, or counted, of all kinds, if they are of higher value than these, the fine is ten times the value. (Nar. 19.32)

For one who steals more than ten kumbhas of grain, the punishment is death. For a lesser amount, he should be made to pay a fine of eleven times the value, so said Manu. (Nar. 19.33)

For gold, silver, and other precious metals, and for the finest garments, and for the most valuable gems, if the value is over one hundred, the punishment is death. (Nar. 19.34)

For one who abducts a man, the highest amercement is to be inflicted. For one who abducts a woman, all his property; for one who abducts a maiden, death. (Nar. 19.35)

For one who steals large animals, the punishment is the highest amercement. The middle amercement for stealing a medium-sized animal, and the first for stealing a small animal. (Nar. 19.36)

The first amercement is from twenty-four to ninety-six paṇas; the middle is from two hundred to five hundred paṇas. (Nar. 19.37)

The highest is known to be from five hundred to one thousand paṇas. This threefold punishment for crimes of violence (sāhaseṣu (साहसेषु)) was declared by the Self-existent One. (Nar. 19.38)

In the first offense of cutpurses, the punishment is the cutting off of the fingers and thumb. In the second, the remainder of the hand is cut off, and the first amercement. (Nar. 19.39)

In the case of cows belonging to a Brāhmaṇa, the cutting off of a foot is the punishment for a stout thief. For one who habitually abducts a female slave, the cutting off of half a foot. (Nar. 19.40)

With whatever particular limb a thief operates, that very limb of his should be cut off; this is the ordinance of Manu. (Nar. 19.41)

On a thief of a more valuable object, a heavier punishment should be inflicted, and on one of a less valuable object, a lighter one; not as in the first offense. (Nar. 19.42)

Manu Svāyaṃbhuva declared ten places of punishment, which should apply to the three classes; a Brāhmaṇa is always protected. (Nar. 19.43)

The genitals, the belly, the tongue, the two hands, and fifth, the two feet; the eye, the nose, the two ears, property, and the body as well. (Nar. 19.44)

Having ascertained the offense, the place and time in truth, and having considered the nature and connections of the object, he should apply these punishments. (Nar. 19.45)

A perpetrator of violence, who has abandoned his own self, should not be released by the king because of friendship or a large monetary gain, said Manu. (Nar. 19.46)

The same amount of sin that a king incurs by executing one who should not be executed, he incurs by releasing one who should be executed. But there is Dharma in punishing. (Nar. 19.47)

One should never kill a Brāhmaṇa, even if he is involved in all sins. He should be banished at will; this is the established law. (Nar. 19.48)

The king may take all his property, or leave him a fourth part, remembering the Dharma of Prajāpati for his servants; this is the established rule. (Nar. 19.49)

In the case of a Brāhmaṇa's four great sins, branding is prescribed: for violating the teacher's bed, for drinking liquor, for theft, and for killing a Brāhmaṇa. (Nar. 19.50)

For violating the teacher's bed, a vulva (bhagaḥ (भगः)) should be branded; for drinking liquor, a banner (dhvajaḥ (ध्वजः)) is remembered; for theft, a dog's foot (śvapadaṃ (श्वपदं)) should be made, and he should be branded with peacock's bile. (Nar. 19.51)

A headless man should be branded on the forehead of a killer of an embryo. He should be made unfit for conversation; this is the ordinance of Manu. (Nar. 19.52)

A thief should go to the king, running with his hair unbound, proclaiming his theft, saying, "I have done this, punish me." (Nar. 19.53)

By this confession of his own deed, the thief becomes free from sin. That sin touches the king who releases the sinner. (Nar. 19.54)

Men who have committed sins, having been punished by kings, become pure and go to heaven, like good people who have done meritorious deeds. (Nar. 19.55)

Whether by punishment or by release, a thief is freed from sin. But by not punishing, the king incurs the sin of the thief. (Nar. 19.56)

The guru is the chastiser of the self-controlled; the king is the chastiser of the wicked. And the chastiser of those with hidden sins is Yama Vaivasvata. (Nar. 19.57)

The sin of a Śūdra in theft is eightfold. It is sixteenfold for a Vaiśya, and thirty-twofold for a Kṣatriya. (Nar. 19.58)

For a Brāhmaṇa, it is sixty-fourfold; thus said Svāyaṃbhuva. And even there, it is greater for the learned. (Nar. 19.59)

Punishment is remembered as being of two kinds: physical and monetary. Physical punishments are said to be of ten kinds; monetary punishments are of many kinds. (Nar. 19.60)

Monetary punishment begins with a kākaṇī (काकणी) and ends with the confiscation of all property. Physical punishment begins with confinement and ends with death. (Nar. 19.61)

The punishment that begins with a kākaṇī (काकणी) is remembered as having a māṣa (माष) as its upper limit. That which is said to begin with a māṣa (माष) has a kārṣāpaṇa (कार्षापण) as its upper limit. (Nar. 19.62)

That which has a kārṣāpaṇa (कार्षापण) as its upper limit begins with one and has four kārṣāpaṇas as its upper limit. Another is from two to eight, and another from three to twelve. (Nar. 19.63)

Those which are said to begin with a kārṣāpaṇa (कार्षापण) should all be quadrupled. Thus others are to be known, up to the first amercement. (Nar. 19.64)

In the southern region, the silver kārṣāpaṇa (कार्षापण) is current. In the eastern region, it is fixed by paṇas (पणैः); it is sixteen paṇas (पण). (Nar. 19.65)

A māṣa (माष) is to be known as the twentieth part of a kārṣāpaṇa (कार्षापण). A kākaṇī (काकणी) is the fourth part of a māṣa (माष) and of a paṇa (पण). (Nar. 19.66)

In the region of the five rivers, whatever the customary designation is, the measure of a kārṣāpaṇa (कार्षापण) is fixed here by that. (Nar. 19.67)

A kārṣāpaṇa (कार्षापण) is to be known as an aṇḍikā (अण्डिका); four of these are a dhānaka (धानक). Twelve of those are a suvarṇa; the dīnāra (दीनार) is also remembered as a citraka. (Nar. 19.68)

The king should constantly and diligently follow the three Vedas, worldly affairs, and the science of punishment. He should destroy those he has caught with skillful means and suppress the wicked in the city and the country. (Nar. 19.69)

20. Ordeals

When there are no witnesses in a dispute between speaking men, one should then examine by means of ordeals (divyaiḥ (दिव्यैः)) and by various oaths. (Nar. 20.1)

Truth, vehicle and weapons, cows, seeds, and silver; the feet of gods and ancestors, and meritorious deeds that have been given. (Nar. 20.2)

In a great offense, the king should administer ordeals (divyāni (दिव्यानि)). In minor cases, a superior man should make a man swear by oaths. (Nar. 20.3)

These oaths are declared to be easy in a matter of slight doubt. In crimes of violence and accusations, the procedure of ordeal (divyaḥ (दिव्यः)) is proclaimed. (Nar. 20.4)

In a doubtful matter, for those who are accused, especially in secret matters, the ordeal (divyaḥ (दिव्यः)) is known to be of five kinds, so says the blessed Manu. (Nar. 20.5)

The balance (dhaṭa (घट)), fire (agni (अग्नि)), and water (udaka (उदक)), and poison (viṣa (विष)), and the consecrated water (kośa (कोश)) as the fifth—these ordeals are declared for the purification of the accused. (Nar. 20.6)

For the purification of those accused in doubtful matters, the means of distinguishing truth from untruth were again declared by the great-souled Nārada. A wise man should have it done with the consent of the plaintiff, not otherwise. (Nar. 20.7)

The Ordeal by Balance

The two posts of the balance are proclaimed to be four cubits in height. The beam between them is seen to be six cubits in length. (Nar. 20.8)

The distance between the posts should be one and a half cubits. Having attached two pans to the balance at the firm hooks, (Nar. 20.9)

having first weighed the man, one should make a mark on the balance. Having brought him to the level of the mark, one should then take him down from the balance. (Nar. 20.10)

Having bound him with stipulations, one should place the man on it again. When this is done, if that balance, placed at the mark, is steady, (Nar. 20.11)

and if, when weighed, he increases in weight, he would be pure, there is no doubt. If he is equal or decreasing, the man would not be pure. (Nar. 20.12)

You are called 'Balance' (dhaṭa (घट)) by words that are synonyms for Dharma. You know the sins and meritorious deeds of all beings. You alone, O Balance, know what mortals do not. (Nar. 20.13)

This man, accused in a legal dispute, is being weighed. Therefore, you should save him from this state of doubt, according to Dharma. (Nar. 20.14)

The Ordeal by Fire

Hereafter, I will declare the excellent procedure for the iron. The distance from one circle to the next is thirty-two finger-breadths. (Nar. 20.15)

Thus, with eight circles, the distance is two hundred and twenty-four finger-breadths, as declared by those who have seen the truth of numbers. (Nar. 20.16)

With the circles thus laid out, for one who has fasted and is pure, having wrapped seven leaves of the Aśvattha tree around his hands with a thread, (Nar. 20.17)

he should take a ball of iron heated to fire, weighing fifty palas, in his hands and walk slowly for seven steps. (Nar. 20.18)

He should not cross a circle, nor place his foot short of it. And he should not drop it before reaching the designated ground. (Nar. 20.19)

Having crossed the circles in this manner with a concentrated mind, he who is unburnt on all sides, that man would be pure. (Nar. 20.20)

He who drops it out of fear, or whose claim of being unburnt is disputed, must carry the iron again; this is the ancient rule. By this procedure, the ordeal by fire is remembered to be performed. (Nar. 20.21)

You, O Fire, move within all beings as a witness. The good and evil deeds in the world, unknown to men, are known by you. (Nar. 20.22)

The hidden sins and meritorious deeds of men, you know them exactly as they are, which mortals do not know. (Nar. 20.23)

This man, accused in a legal dispute, desires purification. Therefore, you should save him from this state of doubt, according to Dharma. (Nar. 20.24)

The Ordeal by Water

Hereafter, I will declare the excellent procedure for water. One should shoot three arrows with a not-too-fierce bow. (Nar. 20.25)

The middle arrow should be retrieved by a younger man. When he has brought it back, that man (the accused) would be pure. (Nar. 20.26)

Otherwise, he would not be pure, if he shows even one limb, or if he goes to a place other than where he was first submerged. (Nar. 20.27)

Women should not be forced, nor a man who is weak. A woman may die from fear, and a weak man may die from being forced. He would suddenly meet his end; therefore, one should not submerge these. (Nar. 20.28)

Having seized a man by the thighs in the middle of the water, well-restrained... (Nar. 20.29)

For distinguishing truth from untruth, water and fire are the clearest agents. And because fire arose from it, water is superior. (Nar. 20.30)

The purification of the accused is performed by those who know the truth of Dharma. Therefore, O blessed Lord of the waters, you should save him through truth. (Nar. 20.31)

The Ordeal by Poison

Hereafter, I will declare the excellent procedure for poison. Having first weighed the poison, it should be given in the winter season. (Nar. 20.32)

A knower of Dharma should not administer it in the morning, nor at midday, nor at twilight. He should not administer it in autumn, summer, spring, or the rainy season. (Nar. 20.33)

Poison that is broken, split, fumigated, or mixed, and kālakūṭa and alaṃbu poison should be carefully avoided. (Nar. 20.34)

That from the Śṛṅga or Himavat mountains is praised, endowed with good smell, color, and taste. It should be given to one accused of a great crime by a king who desires to know the truth. (Nar. 20.35)

It should not be given to children, the sick, or the aged, nor to those with a minor offense. One should give seven grains of poison to the accused, mixed with ghee. (Nar. 20.36)

Of a sixth part of a pala of poison, the twentieth part, reduced by an eighth part, should be given to the accused, mixed with ghee. (Nar. 20.37)

According to the stated procedure, having touched and been approved by Brāhmaṇas, he who has fasted should eat it in the presence of gods and Brāhmaṇas. (Nar. 20.38)

If the poison is digested with ease, without the distress of its effects, having known him to be pure, the king should honor and release him. (Nar. 20.39)

You, O Poison, are the son of Brahmā, established in truth and Dharma. Purify this man from sin; by truth, become nectar for him. (Nar. 20.40)

The Ordeal by Consecrated Water

Hereafter, I will declare the excellent procedure for consecrated water (kośasya (कोशस्य)). (Nar. 20.41)

In the morning, for one who has fasted, bathed, and is wearing a wet garment, who is without blemish and not in distress, the drinking of consecrated water (kośapānaṃ (कोशपानं)) is prescribed. (Nar. 20.42)

He should be made to drink the water of the deity to whom the accused is devoted. If within a week, or again within two weeks, any personal affliction is seen, that is the proof against him. (Nar. 20.43)

He for whom a great calamity occurs after two weeks, he is not to be prosecuted by the wise, for the appointed time has passed. (Nar. 20.44)

In cases of great offense, for one who is without Dharma, an ungrateful person, a contemptible eunuch, an atheist, an apostate, and a slave, the drinking of consecrated water (kośapānaṃ (कोशपानं)) should be avoided. (Nar. 20.45)

A king who knows Dharma, who administers the five ordeals (divyāni (दिव्यानि)) to the accused according to the stated manner, rejoices hereafter and in this world. (Nar. 20.46)

One should not give poison to a Brāhmaṇa, nor should a Kṣatriya carry the iron. A Vaiśya should not be submerged in water, and a Śūdra should not be made to drink consecrated water (kośaṃ (कोशं)). (Nar. 20.47)

One should not give poison in the rainy season, nor submerge in water in the winter. One should not make one carry the iron in the summer, nor make one drink consecrated water (kośaṃ (कोशं)) at night. (Nar. 20.48)

The Dharmaśāstra of Nārada is complete.