XVI. Master and Servant

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

XVI. MASTER AND SERVANT.

1. ¹ What may not be given and kindred subjects have been declared; the law of servants shall be propounded next. (There) the title of Breach of Promised Obedience is treated first.

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2. The titles of non-payment of wages, and then (of disputes) between the owner (of cattle) and his servants are to follow in due order. Such are the three divisions of (the law of) servants.

3. ³ They are pronounced to be of many sorts, according to their particular caste and occupation; and fourfold, according as they serve for science, human knowledge (or skill), love, or gain.

4. Each of these is again divided (into several species), according to the difference of occupation.

5. ⁵ Science is declared to be a knowledge of (one of) the three Vedas, called Rig-veda, Sâma-veda, and Yagur-veda; for the purpose of acquiring such knowledge, he should pay obedience to a spiritual teacher, as ordained in law.

6. ⁶ Arts (consisting of) work in gold, base metals, and the like, and the art of dancing and the rest are termed human knowledge; he who studies them should do work at his teacher's house.

7. ⁷ He who has intercourse with another man's female slave, should be considered as a slave for the sake of his paramour; he must do work for her master, like another hired servant.

8. ⁸ The servant for gain (or pay) is declared to be of many sorts, another is the servant for a share (of the gain). Of all, a low, a middle, and a high sort is distinguished.

9. A servant engaged for a day, a month, half a month, a sixmonth, two months, or a year, must do

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the work which he promised to do, and receives the stipulated fee.

10. The warrior is the highest of these; the cultivator of the soil is the middlemost; the porter is declared to be the lowest, and so is (a servant) employed in household work.

11. A servant for a share of the gain is declared to be twofold, either serving a husbandman or an owner of cattle; he shall receive, no doubt, a share of the grain produced, or of the milk.

12. ¹² A third or a fifth (of the produce) shall be awarded to the cultivator of the soil as his share.

13. Let that cultivator to whom food and clothing is given take a fifth of the crop; and let him who serves in consideration of the profit (alone) take a third part of the grain produced.

14. ¹⁴ Should a hired servant fail in the performance of ever so small a part of his master's work, he forfeits his wages, and may be sued in court for his offence.

15. When a servant does not perform his work after having received his wages, though able (to do work), he shall be compelled to pay twice as much (as his wages) as a fine (to the king), and (shall restore) the wages (to his master).

16. ¹⁶ He who has promised (to do work) and does not perform it, shall be compelled to do so by forcible means even; and if, through obstinacy, such a servant should still not do it as engaged for, he shall be fined

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eight Krishnalas, and his wages shall not be paid to him.

17. ¹⁷ When a servant, commissioned by his master, does any improper act (such as theft) for the benefit of his master, the latter shall be held responsible for it.

18. ¹⁸ When a master does not pay wages for the labour stipulated after the work has been performed, he shall be compelled by the king to pay it, and a proportionate fine besides.

19. ¹⁹ (A man) hired for attendance on milch cows of another shall receive the whole milk every eighth day.

20. ²⁰ (A cowherd) shall save cattle from danger of reptiles, robbers, and tigers, and from caverns or pits; let him try his best to protect them, call out for help, or give notice to his master.

Footnotes

343:1 XVI, 1, 2. Ratn. p. 139; Col. Dig. III, 1, 1; Viv. p. 84.

344:3 3, 4 Ratn. p. 140; Col. Dig. III, 1, 4; Viv. p. 84.

344:5 Ratn. p. 140; Col. Dig. III, 1, 8; Viv. p. 86.

344:6 Ratn. p. 141; Col. Dig. III, 1, 16; Viv. p. 86.

344:7 Viv. p. 87; Col. Dig. III, 1, 32.

344:8 8-11. Ratn. pp. 142, 143; Col. Dig. III, 1, 24.

345:12 12, 13. Ratn. pp. 157, 158; Col. Dig. III, 1, 66, 67.

345:14 14, 15. Ratn. p.159; Col. Dig. III, 1, 71.

345:16 Ratn. p. 160; Col. Dig. III, 1, 75. There is another reading, translated by Colebrooke, under which the fine is to amount to two hundred Panas, instead of eight Krishnalas.

346:17 Ratn. p. 162; Col. Dig. III, 1, 84; Viv. p. 100.

346:18 Ratn. p. 165; Col. Dig. III, 1, 93; Viv. p. 100.

346:19 Viv. p. 105; Ratn. p. 170; Col. Dig. III, 4, 4.

346:20 Ratn. p. 172; Viv. p. 106; Col. Dig. III, 4, 10.