purloined, he has not to give it up to the coheirs;[181] nor shall a
man share the earnings of science.[182]
120. If however the common property be augmented, equal division is
enjoined.[183] In making division among several grandsons, regard
should be had to the respective [portions of their deceased] fathers;
121. inasmuch as the ownership of father and son is co-equal in the
acquisitions of the grandfather, whether land, any settled income, or
moveables.
122. If a son be born of a wife of equal cast, after partition made,
he is to share; or a share may be allotted him from the estate as it
is, after allowing for income and expenditure.[184]
123. Whatever property may be given by the parents to any child,
shall belong to that child. If partition be made after the father's
death, the mother shall also have an equal share.[185]
124. Those of the brothers whose ritual ceremonies have not been
accomplished, shall have them completed by the others whose ritual is
gone through: so in like manner as to the ritual of sisters, [each of
the brethren] devoting a fourth part of his share.[186]
125. The sons of a brahman, shall receive, according to their
[mother's] cast, four parts, or three, or two, or one: the sons of a
kshattriya [in like manner], three, or two, or one: and the sons of a
vaisya, two, or one.[187]
126. Whatever, after partition has taken place, may be discovered to
have been wrongly appropriated by one of the sharers,[188] shall be
equally divided among them all: this is enjoined.
127. A son begotten by one who is without male issue, in obedience to
precept,[189] upon another man's wife, becomes by law heir to both,
and presents the death-oblations of both.[190]
128. (I) "An _aurasa_[191] son," is one born of a _dharma_[192] wife;
equal with him is
(II) "A daughter's son."[193]
(III) "A wife's son," is a son begotten by
a relative[194] [of the husband] or by another [duly authorised].
129 (iv) "A son of hidden birth," is one brought forth in private, in
the [husband's] dwelling.[195]
(v) "A girl's son," is one born of an unmarried girl;[196] he is
considered the son of the maternal grandfather.
130 (vi) "A son of the twice-married," is one born of a woman [by a
second marriage], whether she be [at the time of that marriage] a maid
or not.[197]
(vii) "A son by gift," is one who is made a gift of, either by his
father or his mother.[198]
131 (viii) "A son by purchase," is one sold by his parents.[199]
(ix) "A son made," is a son [born of parents deceased,] selected by
any one for himself.
(x) "A self-given son," is one who has given himself [as a son to
another.][200]
(xi) "A son with the bride," is one of whom the mother is already
pregnant [by another than her husband] when she marries.[201]
132 (xii) "A deserted son," is one adopted upon being forsaken [by his
own parents.[202]]
The first in order that there may be, of the sons above described,
shall present the oblation cake[203] and take the inheritance.[204]
133. Such is the rule enjoined by me for sons where there is equality
of cast. Even the son begotten by a Sudra, on a slave-woman, shall
have such share as [the father] may allot.[205]
134. [But if there be no partition till] after the father's death,
then the brothers [born in marriage] are to assign him half a share:
if there be no brothers nor daughters' sons, he then takes the whole.
135, 136. If a man depart this life without male issue; (i) his wife, (ii)
his daughters, (iii) his parents,[206] (iv) his brothers,[207] (v) the
sons of brothers,[208] (vi) others of the same _gotra_,[209] (vii) kindred
more remote,[210] (viii) a pupil, (ix) a fellow-student[211]--these succeed
to the inheritance; each class upon failure of the one preceding. This
rule applies to all the casts.
137. The heirs of a hermit, of a religious ascetic, of a professed
_brahmachari_,[212] are successively, the preceptor, the disciple, and
an associate dwelling in the same religious retreat.
138. One reunited[213] shall take the portion of his deceased reunited
co-sharer, and shall give it up to a [son, if one be afterwards]
born.[214] This is always so with uterine brothers.
139. A reunited half-brother shall take the property; not a
[separated] half-brother: but a [uterine brother] whether reunited or
not, shall take; this not being so with the half-brother.[215]
140. An impotent, an outcast as well as his son,[216] a cripple, a
madman, an idiot, one blind, one incurably diseased, and such
like,[217] are to be maintained, but do not share in the inheritance.
141. The _aurasa_ sons of those [disqualified] persons, also their
wives' sons,[218] if themselves free from defect,[219] succeed to
shares; and their daughters[220] are to be maintained until provided
with husbands.
142. [So] their childless wives shall be maintained, if of good
conduct; but shall be cast off, if of vicious habits, or of an evil
nature.[221]
143. What has been given [to a woman] by her father, her mother, her
husband, or her brother, or received by her before the nuptial fire,
or on occasion of her husband's marriage with another wife, and such
like,[222] is called _stridhana._
144. Gifts from her kindred, from the bridegroom [before marriage],
also subsequent gifts, descend to her own kindred, should she die
without issue.
145. The _stridhana_ of a wife dying without issue, who has been
married in one of the four forms of marriage designated _brahma_
&c.,[223] belongs to the husband; if she have issue, then the
_stridhana_ goes to her daughters; should she have been married in
another form,[224] then her _stridhana_ goes to her parents.[225]
146. Whoso withholds his daughter,[226] after having promised to give
her [in marriage], shall be amerced, and shall reimburse all expenses
incurred with interest. If she die [after being affianced] he [_i. e._
the bridegroom] shall receive back what he has given, deduction being
made for the expenditure on both sides.
147. A husband need not return to his wife _stridhana_ appropriated by
him, during a famine, or in order to perform sacred rites,[227] or
when suffering from disease,[227] or when in prison.[227]
148. If he marry another wife, he shall give to the one he has, as a
consideration for superseding her, should she not already have
received _stridhana_, what is equivalent [to his gifts on the second
marriage]: but, should she have already received _stridhana_, then, it
is declared, [she is entitled to only] half the amount.[228]
149. If the fact of a partition be denied, the matter shall be
ascertained by [reference to] relatives, near or remote, witnesses,
and writings, also [by enquiry as to] separate possession of messuage
and land.[229]
150. When there is a dispute as to boundaries, the neighbours of the
[disputed] land, old men and the like,[230] cowherds, cultivators of
the soil close to the [disputed] boundary, and all whose business is
in forests--[231]
151.--these shall determine the boundaries, as they are indicated by
elevated ground, by charcoal [-remnants],[232] by husks,[233] by
trees, by a causeway, by ant-hills, by depressions of the soil, by
bones, by memorials,[234] and such like.[235]
152. Otherwise,[236] four, eight, or ten neighbours of the same
village, wearing a red wreath and red garments, and carrying earth,
shall settle the boundary.[237]
153. And if any falsehood be uttered, upon each one [speaking falsely]
the monarch shall impose the medium fine.[238]
In the absence of any persons having knowledge of the matter, and of
any indicatory signs, the monarch shall mark the boundary.[239]
154. The same rule applies to fruit-gardens, to out-houses, to
villages,[240] to wells or tanks, to pleasure-gardens, and to
dwellings, as well as to watercourses caused by the rain.[241]
155. If the boundary be broken, or be overstepped,[242] if a
field[243] be taken away; the lowest, the highest and the medium
fines shall be imposed.[244]
156. [Constructing] a useful dam, if it occasion but slight damage [to
individuals], is not to be prevented; nor is a well[245] which takes
from another's land, if having an abundant supply of water and not of
large extent.
157. If one construct a dam in a field, without notice to the owner
thereof, the right to use it, when complete, shall belong to the owner
of the field: if the field be without owner, then the user belongs to
the monarch.
158. Whoso fails to complete the cultivation of a field which he has
partially ploughed, shall be made to pay [to the landowner] the value
of the [expected] crop. He[246] shall complete the cultivation by
means of another.
159. If a female buffalo spoil corn,[247] [her owner] shall be fined
eight _mashas_,[248] if a cow, the half [of that sum]; if a goat or a
sheep, the half of the latter.
160. If, after having grazed, they repose there, the fine shall be
double what is above specified.
The same [rule applies] to land kept for pasture. An ass and a camel
are [in this respect] the same as a female buffalo.
161. There shall be an indemnity for the owner of the field equal in
value to the corn destroyed.[249] The herdsmen shall receive a
beating, but the cattle-owner be punished by fine, as before
mentioned.
162. No guilt attaches[250] [to the cattle-owner,] if the field[251]
be close to the public road, or to the village pasture lands,[252] and
he do not intend [the trespass]; if he do intend it, then he incurs
punishment as a thief.
163. A bull, cattle permitted to be at large,[253] a cow that has
recently calved, estrays,[254] and the like,[255] having no keeper or
brought there by accident or by act of the monarch, shall be let go
free.[256]
164. The herdsman shall, at the close of the day, give back the
cattle, in the same manner[257] as they were delivered to him: if he
be in receipt of wages, he shall replace such as have, through his
negligence, died or been lost.[258]
165. If loss accrue by fault of the herdsman, he shall be fined
thirteen _panas_ and a half, and shall make good the loss to the
owner.
166. Pasture-ground shall be allotted for cattle, such as the
villagers agree upon, or in proportion to the whole area of land, or
as the monarch wills.
A twice-born man may, in every place, appropriate as his own, grass,
fuel, and flowers.[259]
167. There shall be a space of one hundred _dhanus_[260] between a
_grama_,[261] and the [surrounding] fields, of two hundred for a
_karvata_,[261] of four hundred for a _nagara_.[261]
168. A man may seize any thing, belonging to himself, which another
has sold.[262] The purchaser incurs blame, if [he have bought]
secretly: and, if [he bought] from a low man,[263] with secrecy, for
a small price, and at an unusual hour, he is [to be accounted] a
thief.
169. If one obtain property [which he afterwards discovers to have
been] lost or stolen, he should cause the taker[264] of it to be
secured: should time or the place not permit of this being done, he
must himself restore the property [to its owner].
170. Upon his producing the seller, he [the possessor,] is himself
cleared: the owner takes the property, the monarch the fine, and the
[defrauded] purchaser the value from the seller.
171. [A claim to] property [as] lost,[265] is to be supported by proof
of acquisition[266] or of user: [the claimant,] if he fail, shall pay
to the monarch one-fifth of the value [of the property] as a fine.
172. Whoever takes [back] from the hand of a stranger what has been
stolen or lost [from himself] without informing the monarch, shall pay
a fine of ninety six _panas_.[267]
173. When lost or stolen property has been recovered by customs
officers or by the local police, the owner may claim it until one year
has elapsed;[268] after that time it goes to the monarch.
174. If it be a single-hoofed animal, the owner shall pay four
_panas_; if a man, five _panas_; if a buffalo, or a camel, or a
cow, two _panas_; if a goat or a sheep, the fourth part of a
_pana_.[269]
175.[270]Any property, other than women and children, may be given
away, if it be no detriment to the family--but not the whole property,
where there are children; nor any portion which has been already
promised to another.
176. The acceptance [of a gift] should be public, especially of
immovable property. Whatever may be lawfully given and is contracted
to be given, shall not, after gift, be resumed.
177. The time given for trial [on purchase] of seed, is ten days;[271]
of iron, one day; of beasts of burden, five days; of precious stones,
seven days; of women,[272] one month; of milch-cows, three days; of
men,[272] half a month.
178. By the action of fire, gold is not lessened in quantity: one
hundred _palas_[273] of silver thereby lose two _palas_; of tin, one
hundred _palas_ lose eight; lead and copper, out of one hundred
_palas_, lose five; iron, of one hundred _palas_, loses ten.[274]
179. One hundred _palas_ of wool or cotton when worked[275] are
increased by ten _palas_; if the thread be of middling fineness, the
increase is five _palas_; if very fine, three _palas._
180. In figured textures and in those made of hair, the loss is
estimated at one thirtieth part. In a texture of silk or of the bark
of trees, there is neither loss nor increase.
181. Whenever loss has been sustained, the artisan shall be
imperatively required to pay what competent judges award, after they
shall have investigated [circumstances, of] place, of time, of the
mode of using [the material], and its quality of strength or
lightness.[276]
182. One made a slave by compulsion, and one sold[277] [into slavery]
by robbers, are [entitled to be] set free; so also is [a slave] who
saves his master's life; also one who [having adopted servitude for a
living,] abandons his claim to maintenance; also one enslaved who pays
off what is due from him.[278]
183. One who, being a religious mendicant, forsakes that condition,
shall be, until death, the monarch's slave. Slavery must be in the
order of the casts, not inversely.[279]
184. Though an apprentice have attained a knowledge of his art,[280]
he shall [nevertheless] remain in his master's house for the
stipulated time, receiving from his master maintenance, and giving up
to him his earnings.[281]
185. The monarch shall erect in the city a mansion and shall settle
therein brahmans learned in the three Vedas, and endow them, giving
them injunction to discharge their duties.[282]
186. They shall diligently practise all observances stipulated
for[283] [in the endowment] which do not interfere with their personal
duties, also whatever other observances the monarch may enjoin.[284]
187. Whoso appropriates what belongs to the community or violates his
engagement [with the community], shall forfeit his property and be
banished the realm.[285]
188. The word of those who [are appointed to] superintend the
affairs[286] of the community must be obeyed by all [the members]: he
who acts in violation thereof shall be amerced in the first [_i. e._
lowest] fine.[287]
189. Those who have come [from other parts] upon the affairs of the
community shall, upon completion of the business, be dismissed by the
monarch, with gifts, with honour, and with hospitable entertainment.
190. An emissary upon the business of the community shall deliver up
whatever he has received [on their account]: if he fail to deliver
voluntarily, he shall be amerced eleven times the value [of what he
withholds].
191. They who have direction of the affairs of the community should be
such as know their duties,[288] are pure minded, and not covetous;
their word for the welfare of the community is to be followed.
192. What has just been enjoined is obligatory in like manner upon
communities of craftsmen, of traders, and of _pashandas._[289]
The monarch should preserve their distinctive character, and make
them respectively adhere to their original callings.[290]
193. If one, after receipt of wages, abandon his work, he shall pay
double the amount; if [he desert] when he has not received [his
wages], he shall pay a sum equal [to his wages].[291]
The implements shall be in charge of the workman.[292]
194. The monarch shall oblige him who gets work done without having
previously fixed the rate of hire, to pay a tenth part, [whether]
earnings in trade or [in care] of cattle, or [in cultivation] of corn.
195. A master[293] may treat as he thinks right one who disregards
time or place, or [so acts that he] prevents profit being earned.[294]
The more that is done, the more shall be given.
196. Where work [contracted for by two] cannot be proceeded with by
the two,[295] [the one who has to abandon the work] shall be paid
according to what he has performed; but, if practicable, the original
contract should be carried out.[296]
197. If goods [when in transport from place to place] be lost, the
carrier shall pay their value; except [the loss be] occasioned by the
monarch or by act of God. If he [who has contracted to transport
goods] cause them not to start on the journey, he shall be made to pay
twice the amount of his hire:
198. if he abandon [his charge] when at the outset of the journey, he
shall pay [a sum equal to] a seventh part [of the hire]; if, when he
has proceeded to some distance, a fourth part; if when half-way, the
entire amount of hire. The like [rule is to be observed] where [the
hirer] breaks [his contract].
199. If a professed gambler win at play [as much as] one hundred
[_panas_], he shall pay to the keeper of the house one-fifth:
others shall pay [the keeper] a tenth of their winnings.
200. The latter,[297] [in consideration of] having [royal] protection,
shall pay the portion stipulated to the monarch, shall make over all
stakes won to the winner, shall be true of speech, and forbearing.
201. The monarch shall enforce payment of winnings; [that is,] such as
are made in a place kept by a licensed gaming-house-master paying the
royal dues, among known players, meeting openly; in other cases, not.
202. They who manage suits [arising out of the games], also the
witnesses, are to be such persons as those last described.
If any one play with false dice or cheat, the monarch shall have him
branded and banished.
203. An overseer of the games should be appointed, who may thus become
familiar with [the persons of reputed] thieves.[298]
The like rules apply to wagers at fighting games, whether of men or
brutes.[299]
204. If any give abusive words to one deprived of a limb or an organ
of sense, or diseased, whether the words be true or untrue, or [in the
guise of] ironical praise,--he shall be fined thirteen _panas_ and
a half.[300]
205. The monarch shall compel one who uses such insulting language as,
"I will go to thy sister" or "to thy mother,"[301] to pay a fine of
twenty-five _panas._
206. Half [of this fine is to be imposed when the offensive words are]
to inferiors, double if to the wives of other men or to superiors. The
fine shall be regulated according to the higher or lower cast of the
parties.[302]
207. [Thus;] if the offence occurs, [where the parties are] in the
ascending line of cast, the fine shall be double or treble [as may
be]; if in the descending line, the fine shall be always lessened one
half.[303]
208. If injury be threatened to a person's arm, or neck or eyes or
thigh, the fine shall be one hundred _panas_; if to the foot or
nose or ear or hand, and the like,[304] half of that [fine].
209. If the threat be by one who has not the power [to carry out his
threat], he shall be fined ten _panas_; [the threatener] who has
the power shall be, in addition, compelled to give surety for the
safety of the person [threatened].
210. For abuse by imputation of a crime which would entail loss of
cast, the middle fine [shall be exacted]; if of a lesser crime, the
lowest fine.
211. If the abuse be directed against one conversant with the three
Vedas, against the monarch, or against the gods, the highest fine [is
incurred]; if against a whole cast or a community, the middle fine; if
against a village or the realm, the lowest fine.
212. If a person be beaten without witnesses, the case shall be tried
by marks, probabilities and public report; not however without some
suspicion that the marks may have been falsely contrived.
213. For [defiling by] touching with ashes, mud, or dust, a fine is fixed
of ten _panas_; for [defiling by] touching with impurities,[305] _scil._
of the heel or of the saliva, double [that fine]:
214. that is, if the parties be on an equality. If [the offence be]
against other men's wives, or against superiors, [then the penalty is]
double; if against inferiors, the half. Should [the aggressors] be
insane or intoxicated or the like, there shall not be punishment.
215. Should a limb of one not a brahman occasion pain to a
brahman, it shall be cut off. If [a weapon] be raised [against one
of inferior cast],[306] the lowest fine [is to be paid]; if the weapon
be merely handled, then the fine shall be half.[307]
216. But should a hand or a foot be raised, the fine shall be
[respectively] ten and twenty _panas._ People, however, of any
[cast, who lift] weapons against their cast-fellows shall pay the
middle fine.
217. For pulling a person by the foot, by the hair, by the clothing,
or by the hand, the fine is ten _panas_: for inflicting pain by
dragging about or by violent handling of the clothes, and for putting
the foot upon a person, [the fine is] a hundred _panas._
218. He who beats with a stick or the like, short of effusion of
blood, shall pay a fine of thirty-two _panas_; if blood appear, the
fine is double[308]
219. For damaging a hand, a foot, or a tooth, and for cutting the ears
or the nose, there is the middle fine: the same for rending open a
wound, or for beating a person till he be as one lifeless.
220. For beating [one so that he] cannot stir, or [so that he cannot]
eat, or [so that he cannot] speak, for destroying an eye and the
like,[309] for breaking a neck, an arm, or a thigh, [there shall be]
the middle fine.[310]
221. If several unite in beating one person, the fine shall be
double[311] that prescribed; whatever property be taken away in the
struggle shall be restored, and, in addition, the double fine
[imposed].
222. Whoever causes pain to another [by any such means] shall be made
to pay the expense of the cure, as well as the regulated fine for the
fray.[312]
223. He who batters, rends, breaks or pulls down a wall, shall be made
to pay a fine of five, ten or twenty _panas_ besides the value.
224. He who casts into a dwelling house any thing hurtful or
destructive of life, shall be made to pay, for the first a fine of
sixteen _panas_, for the second the middle fine.
225. For injury to the smaller sort of cattle, or for shedding their
blood, for lopping one of their horns or the like[313] or one of their
limbs, one shall pay a fine of two and a half _panas_ and upwards.
226. For cutting off the male privy member [of such cattle], or
slaying [one], the middle fine, as well as the value [of the animal],
shall be paid. For the larger cattle in such cases the fine is
double.[314]
227. For cutting down branches, or the trunk, or the entire tree,[315]
of such as re-produce [after mutilation], [also for similar injuries]
to trees which supply food,[316] the fine shall be doubled
progressively up from twenty _panas_:[317]
228. should the trees be growing where there are memorial erections,
or in places for disposal of the dead, or on boundary lines, or in
holy places, or in a temple, a double fine [shall be levied]; so, for
any famous tree.[318]
229. For cutting brushwood, grasses, shrubs, climbing plants,
ground-spreading creepers, annuals, and herbs, at the places above
mentioned, half of the fine is ordained.
230. Forcibly taking away [any thing, though it be] public property,
is _sahasa_;[319] the fine for it is double the value [of the
property]. [If the crime be,] on denial, [proved,] then, four times
the value.
231. He who instigates the commission of _sahasa_, shall pay a double
fine, and four-fold if he instigate by promise of reward.
232. He who rails at a venerable person,[320] or who disobeys such an
one, he who maltreats his brother's wife,[321] he who fails to give
that which he has promised, he who forces a dwelling-house with a seal
upon it,[322]