[Footnote 215: This is rather the paraphrase of the Commentator: the

text is very obscure. Yajnavalkya in these two verses promulgates,

according to the Commentator, the following law. A wife or a daughter

or a mother shall not be entitled (under a preceding rule) to take the

heritage, when there has been a reunion, after separation, of male

members of the family; and of course where there has been no division.

In the case of united brothers, where there is a full brother in the

union, he takes the property, in preference to a half-brother; but, if

the half-brother be united and the full brother separate, the two will

divide the property between them. When, of many full brothers, some

live united and others separate, those united will have the

preference. If there be half brothers, as well as full brothers, in

the union, the former take nothing; but all full brothers, living

separate, share with one or more united half-brothers. Where the

brothers all live separate the rule will of course not apply.]

[Footnote 216: _i. e._ according to the Ratnakara, a son born after

his degradation from cast.]

[Footnote 217: _scil._ hermits, devotees, one who is his father's

enemy, one guilty of a crime of minor degree, one deaf or dumb, one

deprived of an organ of sense. (_M._)]

[Footnote 218: supra sl. 128 (III).]

[Footnote 219: such as described sl. 140. (_M._)]

[Footnote 220: if there be no sons. (_M._)]

[Footnote 221: These three slokas are analogous to Manu, ch. 9, sl.

201, 2, 3.]

[Footnote 222: _scil._ acquisitions by inheritance, purchase,

partition, gift, finding. (_M._)]

[Footnote 223: supra, note[192]]

[Footnote 224: _asura_, _gandarbha_, _rakshasa_, _paisacha._]

[Footnote 225: _i. e._ if she die without issue. (_M._)]

[Footnote 226: without just cause. (_M._) Yajnavalkya himself suggests

as a sufficient cause, a more eligible bridegroom offering; B. 1, sl.

65.]

[Footnote 227: if he have no other means. (_M._)]

[Footnote 228: The Commentator and other authorities interpret

_arddha_ in this place to signify, such proportionate part as shall

make the entire _stridhana_ of the first wife equal to that of the

second.]

[Footnote 229: and further, by enquiry as to the mode of performing

religious rites in the family. (_M._)]

[Footnote 230: Explained by the Commentator such as are free (as aged

men are presumed to be) from the trammels of worldly occupation and of

passion.]

[Footnote 231: Manu, ch. 8, sl. 258--262.]

[Footnote 232: the remains of burnt fuel. (_M._)]

[Footnote 233: of rice. (_M._)]

[Footnote 234: stones or other landmarks. (_M._)]

[Footnote 235: Manu, ch. 8, sl. 246--252.]

[Footnote 236: _i. e._ if none of the means indicated in the previous

sloka are available. (_M._)]

[Footnote 237: Manu, ch. 8, sl. 254--258.]

[Footnote 238: ibid, sl. 263.]

[Footnote 239: ibid, sl. 265.]

[Footnote 240: and towns. (_M._)]

[Footnote 241: Manu, ch. 8, sl. 262.]

[Footnote 242: The Commentator describes a boundary as a strip or

border (a party-ridge) of land, used in common. The breaking therefore

must mean some material alteration of this border. Overstepping, the

Commentator describes to be cultivating beyond the boundary.]

[Footnote 243: or house or garden, &c. (_M._)]

[Footnote 244: _scil._ reddendo singula singulis, the lowest fine for

breaking, the highest for overstepping, the medium for wrongful

appropriation. Manu, ch. 8, sl. 264; ch. 9, sl. 291.]

[Footnote 245: or similar constructions, as a tank, &c. (_M._)]

[Footnote 246: _semble_, the landowner. The Commentator throws no

light on this ambiguity.]

[Footnote 247: or any other crop. (_M._)]

[Footnote 248: a _masha_ is the twentieth part of a copper _pana_.

(_M._) Supra pa. 7.]

[Footnote 249: Manu, ch. 8, sl. 241.]

[Footnote 250: no penalty therefore or liability. (_M._)]

[Footnote 251: being an open field. (_M._)]

[Footnote 252: Manu, ch. 8, sl. 237, 8, 9.]

[Footnote 253: let loose to propitiate the gods. (_M._)]

[Footnote 254: wanderers from a distant herd. (_M._)]

[Footnote 255: _scil._ other animals, as elephants, horses, &c.

(_M._)]

[Footnote 256: Manu, ch. 8, sl. 242.]

[Footnote 257: _i. e._ counting them. (_M._)]

[Footnote 258: Manu, ch. 8, sl. 232.]

[Footnote 259: for oblations to the gods. (_M._) Manu does not

expressly restrict this privilege to the twice-born; ch. 8, sl. 339.]

[Footnote 260: This term (literally 'a bow') is a land measure,

equivalent to the modern oottah or four hats.]

[Footnote 261: These three are in progressive increase: the first is,

a mere village; the second, the central or sudder station of several

villages; the third, a town of more extended population and

importance. Manu, ch. 8, sl. 237.]

[Footnote 262: or which has been given away, or pledged, by a stranger

without right. (_M._) Manu, ch. 8, sl. 199.]

[Footnote 263: _scil._ one destitute of property. (_M._) The

expression in the text is applicable to any whose position or lack of

means might justify a suspicion that he had not come honestly by the

goods.]

[Footnote 264: the man who sold or assigned it to him. (_M._)]

[Footnote 265: or stolen, or given in pledge. (_M._)]

[Footnote 266: Supra, sl. 27.]

[Footnote 267: Inasmuch as he abets concealment of the thief or

wrongdoer. (_M._)]

[Footnote 268: Manu, ch. 8, sl. 30. The Commentator accounts for the

discrepancy between the two law-givers by supposing Manu to have

alluded to the property of learned brahmans only.]

[Footnote 269: This fine is considered by the Commentator a

consideration or indemnity for safe keeping, and an exception to the

rule laid down by Manu, ch. 8, sec. 33.]

[Footnote 270: Colebrooke's rendering of this sloka (Digest ch. 4,

sec. 1, Sec.16,) differs from ours, which however we consider to be the

correct signification of the text before us.]

[Footnote 271: Manu, ch. 8, sl. 222.]

[Footnote 272: The Commentator explains this to refer to slaves.]

[Footnote 273: Supra, p. 7.]

[Footnote 274: These facts are related, says the Commentator, as an

index to or test of the honesty of metal-workers.]

[Footnote 275: Made into coarse thread. (_M._)]

[Footnote 276: This sloka, as appears from the Commentary, is in

allusion to the loss on working or manufacture of textile fabrics

mentioned in the previous slokas.]

[Footnote 277: or given or pledged. (_M._)]

[Footnote 278: The slavery or servitude being to secure or work out a

debt.]

[Footnote 279: _e.g._ a brahman cannot be slave to a kshattriya.

Manu, ch. 8, sl. 410--15.]

[Footnote 280: _scil._ medicine or handicraft. (_M._)]

[Footnote 281: The Commentator thus explains and analyses the subject

of servitude or working for others:

There are two descriptions of persons who serve. I. Those whose

employment is of a respectable kind. II. Those whose employment is not

so. The first division he subdivides into--1, the disciple; 2, the

apprentice; 3, the workman; 4, the overseer.

The disciple is the student of the vedas; the apprentice is one

learning an art; the workman is one who is paid for his work; the

overseer superintends workmen. There are three sorts of workmen--1,

soldiers; 2, husbandmen; 3, they who bear burdens.

II. The other and meaner description of employment is performed by

slaves, _scil._ cleaning the house, cleaning away filth, &c.

Slaves, the Commentator subdivides, according to their origin and mode

of enslavement, into fifteen classes, _scil._

1. A born slave of the house.

2. A purchased slave.

3. One [otherwise] acquired _e.g._ by donation.

4. One obtained by inheritance.

5. One rescued from starvation during a famine.

6. One received in pledge.

7. One who becomes a slave to discharge a debt.

8. A captive in war.

9. One whose freedom has been lost by wager.

10. A volunteer slave.

11. An apostate from the condition of a _pravajita_ or religious

mendicant.

12. A slave for a prescribed term.

13. A slave for subsistence sake.

14. One enslaved by espousing a woman who is a slave.

15. One who has sold himself.]

[Footnote 282: _scil._ duties prescribed by the Sruti and Smriti,

according to their cast and grade. (_M._)]

[Footnote 283: such as, tending cattle, conservation of water, care of

temples, &c. (_M._)]

[Footnote 284: _scil._ to entertain travellers, or injunction to see

that horses or other provision be not furnished to the enemies of the

State. (_M._)]

[Footnote 285: _i. e._ for a heinous offence: for minor offences,

fines, as declared by Manu, shall be imposed. (_M._) Manu, ch. 8, sl.

220, is probably here referred to.]

[Footnote 286: The term used _hitavadi_ signifies, who speak for the

welfare of; which we assume to have the sense we have given to it.]

[Footnote 287: Supra bk. 1, sl. 365.]

[Footnote 288: Supra note[282]]

[Footnote 289: Lassen, in his _Indische Alterthumskunde_ (vol. 2, p.

238), speaking of the edicts of king Asoca (B. C. 250), which refer to

_pashandas_, describes these as a sect who disbelieved alike in

the brahminical and buddhist tenets. We have, in sloka 70, rendered

the word 'infidels.']

[Footnote 290: Manu, ch. 8, sl. 41, 219, 21, 410, 18.]

[Footnote 291: ibid. sl. 215--218.]

[Footnote 292: The expression is 'servant,' as opposed to, master, or

employer.]

[Footnote 293: _scil._ a merchant, owner of cattle, or landed

proprietor. (_M._)]

[Footnote 294: As, by improvident expenditure. (_M._)]

[Footnote 295: Signifying plurality generally. (_M._)]

[Footnote 296: Colebrooke renders this sloka differently; Dig. B. 3,

ch. 1, sec. 1, Sec.65. We have adhered closely to the text.]

[Footnote 297: _scil._ the keeper.]

[Footnote 298: Infra sl. 267.]

[Footnote 299: But one word is used in the original, which the

Commentator thus explains. The foregoing rules for gamblers and gaming

must be taken to have superseded the rigid prohibition in the Dharma

Sastra of Manu, ch. 9, sl. 220--228.]

[Footnote 300: Manu ch. 8, sl. 274, where the offence is much more

leniently dealt with.]

[Footnote 301: The intent of these insulting allusions is obvious.]

[Footnote 302: What we have rendered 'cast' is expressed by two words

in the original, _varna_ and _jati._ The first is defined by the

Commentator--the four casts; the second--the mixed classes or casts.]

[Footnote 303: Manu, ch. 8, sl. 267, 8, 9, 70, 276, 7.]

[Footnote 304: The Commentator instances the buttocks.]

[Footnote 305: such as tears, nails, hair, wax of the ear, &c. (_M._)]

[Footnote 306: So explained by the Commentator.]

[Footnote 307: Manu, ch. 8, sl. 279, 80.]

[Footnote 308: Manu, ch. 8, sl. 284.]

[Footnote 309: The Commentator instances the tongue.]

[Footnote 310: Manu ch. 8, sl. 284, 286-7.]

[Footnote 311: _i. e._ each wrong doer pays the double fine. (_M._)]

[Footnote 312: Manu ch. 8, sl. 287.]

[Footnote 313: or any other insensitive part, _sakha._]

[Footnote 314: Manu ch. 8, sl. 297-8.]

[Footnote 315: root as well as trunk. (_M._)]

[Footnote 316: _scil._ the mango. (_M._)]

[Footnote 317: _scil._ 20, 40, 80. (_M._)]

[Footnote 318: Manu, ch. 8, sl. 285.]

[Footnote 319: This word is commonly used to signify any violent

aggression upon person or property, and is defined here by the

Commentator to be, the forcibly taking away of properly either public

or private. Manu, ch. 8, sl. 332.]

[Footnote 320: _e.g._ an _acharya_. (_M._) Supra note[155] in fin. The

injunction evidently has reference to one whose office or character

entitles him to the respect and obedience of those about him, pupils

or disciples.]

[Footnote 321: This may be 'his brother or his wife.']

[Footnote 322: The Commentator does not explain this description.]

[Footnote 323: _scil._ those of the same village or country. (_M._)]

[Footnote 324: _i. e._ when not authorised by the 'Sastras. Supra

sl. 127.]

[Footnote 325: An outcast.]

[Footnote 326: The Commentator explains this term here by _digambara_,

which is the usual designation of a Buddha mendicant.]

[Footnote 327: as if a Sudra teach the Vedas.]

[Footnote 328: Manu inflicts 600 _panas_, ch. 8, sl. 389.]

[Footnote 329: Thus the Commentator supplies the ellipsis.]

[Footnote 330: instead of acting as a mediator. (_M._)]

[Footnote 331: when it is agreed to decide the dispute by a wager,

(_M._)]

[Footnote 332: of quantity, for water, grain, &c.]

[Footnote 333: _nanaka_, Wilson's _Ariana antiqua_ pa. 364. The

Commentator defines this word--something stamped with an impression,

as a _nishka_--this is a piece of gold of a certain standard or

weight.]

[Footnote 334: Manu, ch. 9, sl. 232.]

[Footnote 335: _i. e._ who, though ignorant of the _Ajur Veda_ sets up

as a practitioner of the medical art. (_M._) Manu, ch. 9, sl. 284.]

[Footnote 336: The Commentator adds 'without royal authority.']

[Footnote 337: After having summoned the accused to take his trial.

(_M._) This explanation shows, that the injunction applies to judicial

functionaries, although in its terms general.]

[Footnote 338: literally, adds something inferior to. Manu, ch. 9, sl.

286,7.]

[Footnote 339: _e. g._ substituting a basket of crystals for one of

jewels. (_M._)]

[Footnote 340: as camphor, or musk. (_M._)]

[Footnote 341: _i. e._ combining to buy up at a low rate some foreign

merchandize, or to revend it at a dear rate.]

[Footnote 342: Manu, ch. 8, sl. 398, 401, 2.]

[Footnote 343: _semble_ in the daily prices, purchasers and sellers

respectively profiting by an increase or diminution of the tariff of

prices.]

[Footnote 344: Literally, 'expenses arising out of the commodity,'

which the Commentator explains to be, the cost of import,

customs-duty, &c.]

[Footnote 345: The Commentator adds the condition, 'if he have not

repented him of his bargain.']

[Footnote 346: According to the Commentator this rational liberty of

action is not confined to traders; he instances, 'players, dancers,

_and the like._']

[Footnote 347: _scil._ for himself, separate from his partnership

interest.]

[Footnote 348: The same is given by Manu; although the sovereign would

appear not to have had, in those earlier days, so responsible or

despotic a control of the market, ch. 8, sl. 398, 402.]

[Footnote 349: _i. e._ too good for a mere subject. The Commentator

explains, 'jewels, &c.']

[Footnote 350: ibid. sl. 399.]

[Footnote 351: _scil._ where the property in the goods is disputed.

(_M._) Manu, ch. 8, sl. 400.]

[Footnote 352: Land tolls or duties are a twentieth, and are leviable

by the king alone. (_M._)]

[Footnote 353: on occasion of _sraddahs_, &c. Manu, ch. 8, sl. 392,

where a priest for such an offence is fined a silver _masha_ (supra B.

1 sl. 363)]

[Footnote 354: Manu, ch. 8, sl. 207.]

[Footnote 355: a land-measure, _scil._ 4,000 _hats_ or cubits.]

[Footnote 356: The Commentator explains this term by quoting from

Manu--"They who break into houses where a sacred fire is kept up, into

arsenals, into temples--" ch. 9, sl. 276, 280.]

[Footnote 357: The subject of theft is supplied by the Commentator.]

[Footnote 358: who abstract money from the person by cutting or

opening the apparel. Manu, ch. 9, sl. 277; where the third offence

entails capital punishment.]

[Footnote 359: _scil._ trifling--such as, earthen vessels, stools,

cots, bones, wood, leather, grass, &c.; medium--such as, apparel

(other than silk), cattle (other than cows), metal (other than gold),

rice, barley; highest--as, gold, jewels, silks, women, men, cows,

elephants, horses, also whatever is appropriated to gods, to

brahmans, or to kings. (_M._)]

[Footnote 360: Manu, ch. 8, sl. 126; supra B. 1, sl. 367.]

[Footnote 361: Manu, ch. 9, sl. 278.]

[Footnote 362: thus causing destruction of the crops. Manu, ch. 9, sl.

279.]

[Footnote 363: unless she be pregnant. (_M._)]

[Footnote 364: These compounds might be literally translated,

'woman-fond' 'thing-fond' 'gain-fond.']

[Footnote 365: Manu, ch. 8, sl. 356, 7, 8.]

[Footnote 366: ibid. sl. 361.]

[Footnote 367: ibid. sl. 359, 374.]

[Footnote 368: The Commentator explains--her nose, &c.]

[Footnote 369: Manu, ch. 8, sl. 364.]

[Footnote 370: ibid. sl. 373, 385.]

[Footnote 371: _scil._ a stranger.]

[Footnote 372: Manu, ch. 8, sl. 363.]

[Footnote 373: _scil._ one kept for prostitution. (_M._)]

[Footnote 374: Manu, ch. 9, sl. 232, where this is a capital offence.]

[Footnote 375: The Commentator instances, the nose, ear, and hand.

Manu, ch. 9, sl. 292.]

[Footnote 376: Manu, ch. 8, sl. 291, 2.]

[Footnote 377: Literally 'after having taken money.']

[Footnote 378: Receivers of bribes are denounced in Manu, ch. 9, sl.

258.]

[Footnote 379: Supra, no.[131].]

Index

Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya · 第 5 / 6 段