VII. Miscellaneous Laws

The Minor Law Books (SBE33), by Julius Jolly, [1889], at sacred-texts.com

VII. MISCELLANEOUS LAWS.

1. ¹ (Because fathers desire offspring, to be released from debt by their sons), therefore should a son begotten (by his father) give up his own property and assiduously redeem his father from debt, lest he should go to hell.

2. ² The interest is unlimited on thread, cotton, substances from which spirits may be extracted, tin, lead, weapons of all sorts, skins, copper, iron,

3. And all other articles of this kind, as well as bricks. This has been declared by Manu Pragâpati.

4. On oil of every sort, on intoxicating drinks, on honey, on butter, on sugar, and on salt, the interest shall cease when it reaches eight times the original amount.

5. ⁵ The debts of sick, mad, overaged, or long absent persons: such debts should be discharged by their sons even while such persons are alive.

6. ⁶ A wife, a daughter-in-law, a grandson's wife, and the presents bestowed on a wife (which constitute her separate property): if a man takes any of these, he shall be made to pay the debts (of such

p. 264

women); and so shall he who lives on the landed property (of a stranger).

7. It is on the wife that the performance of religious acts depends in all (four) castes, one after the other. He who takes the wife of a man, takes his property (and debts) as well.

8. ⁸ Females are not entitled to bestow gifts, or to sell property. It is only while she is living together (with her family), that a woman may enjoy (the family property).

9. ⁹ It is by permission (of the owner) only that a female slave, cattle, or an estate may be enjoyed (by a stranger). He who enjoys that which had not been given up to him (by the owner), must pay for the (illegitimate) enjoyment of what he had been enjoying.

10. When a man forcibly enjoys property, such as a house, field, cow or the like, without authorization (from the owner), he deserves the same punishment as a thief.

11. He who uses a bull, or a milch-cow, or a boat, or a female slave, without authorization (from the owner), shall pay four Panas (as a fine).

p. 265

12. A female slave, a boat, a beast of burden, and a pledge is not lost (to the owner) by adverse possession. The possessor is bound to give a compensation in money for his enjoyment of them.

13. (Let him give) two Panas a day for the use of a female slave; eight Panas for the use of a milch-cow; thirteen for the use of a bull; sixteen for the use of a horse or of an estate.

14. He who forcibly enjoys a boat, a horse, a milch-cow, or the plough of an agriculturist, shall be made to pay eight times (their value) each day.

15. (For the use) of a mortar, half a Pana; for the use of a pestle, two Panas; for the use of a winnowing basket, half a Pana. Thus has the sage Gaimini declared.

16. ¹⁶ A deposit which has been entrusted to a. friend, is called a deposit based on confidence.

17. Should a man, after entering the order of religious ascetics, violate the duties of his order, the king should cause him to be branded with a dog's foot and banish him quickly (from his realm).

18. ¹⁸ These two persons are (as contemptible as) Kandâlas for their acts, and should be kept entirely apart from the world: one who has forsaken the order of religious ascetics, and one who has entered an order prohibited in law.

19. ¹⁹ He is called Guru (a teacher) who instructs his pupil, duly addressing him in Prâkrit or Samskrit, or employing a local or other dialect.

p. 266

20. ²⁰ When a quarrel has arisen between prostitutes and the lovers frequenting their house, the principal prostitutes and the lovers shall decide the dispute in common.

21. ²¹ If other persons (than the neighbours) should give false evidence in a dispute concerning land, such low persons shall be condemned to pay the first fine each in his turn.

22. ²² A boundary is declared to be of five sorts, as it may be either marked by signs (such as trees), or by water (of a river), or by articles deposited underground, or subject to no quarrel (being determined by consent of both parties), or fixed by royal command.

23. ²³ After having traced those (robbers) with the aid of able spies acquainted with their habits, he shall avoid frightening them, and shall cause them to be arrested by officials secretly set upon them.

24. ²⁴ It is not from the air, from the sky, from the sea, or from other (such parts) that robbers will come; therefore one should act thus.

25. ²⁵ (The king) shall endeavour to inveigle (thieves and robbers) through cunning spies who are anxious to catch thieves. Other skilful and reliable persons also, artful talkers and former thieves, shall (be appointed to) detect the thieves.

26. By giving them wealth and valuable presents,

p. 267

by causing them to attend at public shows and festivals, and by pretending intended robberies, they shall cause (the thieves) to assemble together.

27. Those who fail to make their appearance on such occasions, though skilful spies have been set on them, shall be arrested together with their sons, kinsmen, and relatives.

28. He shall then arrest the thieves after having convicted and enticed them (to make their appearance), and shall inflict capital punishment on them in various ways, after having proclaimed (their deeds) everywhere.

29. Innocent persons also are seen to mingle with thieves (occasionally); let not the king inflict punishments indiscriminately on such.

Footnotes

263:1 VII, 1. Vîram. p. 340; Minor Nârada I, 3, 5. See Nârada-smriti, p. 47, note.

263:2 2-4. Minor Nârada I, 4 34, 35. See Nârada-smriti, p. 77, note.

263:5 Minor Nârada I, 3, 15. See Nârada-smriti, p. 50, note.

263:6 6, 7. Minor Nârada I, 3, 22, 23. See Nârada-smriti, pp. 53, 54, note.

264:8 Minor Nârada I, 3, 28. See Nârada-smriti, p. 56, note.

264:9 9-15. Smritik. uddishtam eva bhoktavyam strî pasur vasudhâpi vâ | anarpitam tu yo bhuṅkte bhuktabhogam pradâpayet || anuddishtam tu yad dravyam vâsakshetragavâdikam | svabalenaiva bhuñgânas koravad dandam arhati || anadvâham tathâ dhenum nâvam dâsîm tathaiva ka | anuddishtam tu bhuñgâno dadyât panakatushtayam || dâsî naukâ tathâ dhuryo bandhakam nopabhugyate | upabhoktâ tu tad dravyam panair eva visodhayet || divase dvipanam dâsîm dhenum ashtapanam tathâ | trayodasam anadvâham asvam bhûmim ka shodasa || naukâm asvam ka dhenum ka lâṅgalam kârmikasya ka | balâtkârena yo bhuṅkte dâpyas kâshtagunam dine || ulûkhale panârdham tu musalasya panadvayam | sûrpasya ka panârdham tu gaiminir munir abravît ||

265:16 16, 17. Vîram. pp. 406, 407.

265:18 Smritik. dvâv eva karmakandâlau loke dûrabahishkritau | pravragyopanivrittas ka vrithâ pravragitas ka yah ||

265:19 Vîram. p. 72.

266:20 Viv. p. 102; Col. Dig. III, I, 98; Ratn. p. 167.

266:21 Vîram. p. 459; Ratn. p. 212. 'Other persons,' i.e. hunters, foresters, and so forth. This text comes in between Nârada XI, 7 and 8.

266:22 Ratn. p. 214; Vîram. p. 452.

266:23 Ratn. p. 292.

266:24 Ratn. p. 335. This text should come in immediately after Nârada XIV, 25.

266:25 25-29. Ratn. p. 337. Read kauryâpadesais ka in 26.