Yajñavalkya

“ A woman has not to pay a debt incurred by her husband or by her son, nor a father the debt of his son; except such debts be incurred on account of the family: and it is the same with a husband [in respect of a debt] incurred by his wife.
47. A son has not to pay, in this world, his father's debt incurred for spirituous liquor, [107] or, for gratification of lust, or in gambling, nor a fine, [22] nor what remains unpaid of a toll; nor [shall he make good] idle gifts. [108]
48. As to debts of wives of herdsmen, distillers, players, washermen and hunters, the husbands have to pay ”

“ Where there are [rival claims, and] witnesses on both sides, the witnesses of him who asserts the elder title, are to be [first] examined: if that title [13] be admitted, [58] then the witnesses of him who claims by subsequent title [shall be examined] . [59]
18. Should the suit be accompanied by a wager, [the Court] shall compel the losing party to pay the [14] fine [prescribed] , [60] as well as his wager and his debt to the creditor.
19. Let the monarch, rejecting subtleties, conduct the trial of suits upon the merits: even merits, in the absence of proof, must fail of success in the suit. ”

“ Man's highest aspiration and aim is, to know Brahmá absolutely: to have attained this knowledge implies a total renunciation of worldly concerns, to coalesce with, to be ultimately absorbed in, reunited with, Brahmá. ”

“ A man acquired a field by gift, and, having for some time possessed it, departed with his family to another country: then, another person obtained a gift of the same field, and, having possessed it awhile, was likewise obliged to go to another country. Both parties return at the same time, claim the same field, and resort to a Court of law. Then arises the question,—whose proofs shall be taken? Yájnavalkya says (ut supra sl. 17) ; that is to say, where one sets up an older title, saying—I was possessed of this field at such a date—his witnesses are the first to be examined ”

“ If the threat be by one who has not the power [to carry out his threat] , he shall be fined ten paṇas; [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 ”

“ He who calls an adulterer, 'thief,' shall be made to pay a fine of five hundred paṇas: whoever releases such an one, being bribed thereto, [377] shall be made to pay eight-fold the amount [of the bribe] . [378]
302. Whoso speaks what is offensive to the monarch, or reproaches the monarch, or divulges the monarch's counsel, shall have his tongue excised and be banished.
303. Whoso makes sale of garments [used to wrap] the dead, or strikes his guru, or seats himself on the vehicle or on the seat of the monarch, shall pay the highest fine. ”

“ If one make off with a virgin decked out [for the bridal] , he shall pay the highest fine; if she be not so circumstanced, then the lowest fine. Thus it is, if the virgin be of equal cast: if she be of higher cast, [the penalty of] death is ordained.
[77]
288. In the case of a virgin consenting and of inferior cast, no offence [is committed] ; otherwise, there is a fine. [369] For ravishing her, the man's hand shall be cut off: if the virgin be of the highest cast, [the penalty is] death.
289. Whoso speaks disparagingly of a woman shall forfeit one hundred paṇas ”

“ Whoso has carnal knowledge of a brute animal shall forfeit one hundred paṇas; if of a lowest cast woman [370] or of a cow, the middle fine.
290. If a man [371] have carnal intercourse with female slaves or servants, or even with common women, [such slaves, &c.] being kept [by those to whom they belong] secluded, [372] he shall pay a fine of fifty paṇas.
291. For forcing a female slave, [373] it is written, there shall be a fine of ten paṇas; if many [men so] attack one slave, each one shall pay twenty-four paṇas. ”

“ If one arrested on suspicion of theft do not clear himself, he is to be punished as a thief, being first compelled to make good the property stolen.
270. [The monarch] should compel the thief to make restitution of the stolen articles, and subject him to [such of] the different corporeal inflictions [as may be proper] : a bráhmaṇ [who is a thief] he shall brand and banish the realm. ”

“ To debauch a friend's wife, a maiden, a sister, a woman of the lowest grade, a female relative, a son's wife,—these [sins] are recorded as equivalent to violation of a guru's bed.
sl. 232. To debauch a father's sister, or a mother's, the wife of a maternal uncle, a daughter-in-law, a step-mother, the sister or daughter of an áchárya,
sl. 233. or his wife, or one's own daughter,—these are equal to violation of a guru's bed. The penalty is death, the pudenda [of the criminal] being previously amputated. A like doom is for the woman, if she consented.
See Manu, ch. ”

“ 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. ”

“ That man who withholds his testimony, the monarch shall compel to pay, on the forty-sixth day, the entire debt, as well as a fine equivalent to a tenth of the amount.
77. The lowminded man who, although he has knowledge (of the facts) , declines to give his testimony, is, in sin, on a par with false witnesses; so is he, in his punishment. ”

“ Pre-eminent, divine sages; probably the great Rishis, the first-created of Brahmá, mentioned in the opening verse of Manu.
In the third book (sl. 186—189) two classes of Munis are described, of whom one, after blessed experience of Heaven, return to Earth, and the other are to continue in the abodes of bliss until the destruction of the universe. These latter are the publishers of the Vedas, Upanishads, Sútras, Puráṇas, in fine of all records of knowledge through the medium of language. ”

“ The Commentator adds—If the bráhmaṇ, or any of the other casts, cannot pay the fine, he must suffer imprisonment and the labour proper to his cast. He explains the enormity of the offence described in this sloka to consist in the contempt of Court.
[163] i. e. if, by such untruth, the death be averted. If from testimony either way, the alternative of the death of the plaintiff or defendant must ensue, the witness should maintain silence, the monarch assenting. ”

“ One who appropriates [72] a pledge, &c., shall be compelled to restore to the owner his property, and to pay a fine of equal value, or according to his means, [73] to the monarch.
[17]
27. Acquisition by title [74] is stronger [75] than possession, unless this has come down from ancestors; [76] but acquisition by title is of no avail without possession for a short time. [77]
28. If one holding by title have it questioned [in a Court of justice] , he must establish it by proof: but not so his son, nor his son's son; in their case, possession is of greater weight. ”

“ Those proper to be witnesses are, religious devotees, [138] they who bestow liberally, the wellborn, they who speak truth, they whose chief aim it is to be virtuous, [139] they who are strait in their conduct, they who have sons, and the wealthy. [140]
69. There should be at least three witnesses, such as observe the rites prescribed by the Śruti and the Smriti, and are of a class, whether mixed or unmixed, [141] corresponding [with that of the person who produces them] : otherwise, [142] any person may be a witness for any person. ”

“ If one come [and pay his debt] , the pledge shall be released; otherwise he [who has the pledge] is a thief: [128] should the creditor be absent, the debtor is to receive back his pledge upon paying the debt to the family; [129]
63. Or it may remain where it was, without interest [on the debt] , the value at that date [of the thing pledged] being ascertained. If the debtor fail to come, the creditor may sell [the pledge] before witnesses.
64. If the debt secured by pledge have become doubled, the pledge shall be released ”

“ 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. ”

“ The debtor shall be made to pay to the monarch ten parts in a hundred of the sum proved against him; [101] and the creditor, when he has recovered his property, five parts. [102]
[21]
43. One of inferior cast, [103] who is without means, may be compelled to labour [104] in discharge of his debt; but a bráhmaṇ, [105] wanting means [to discharge his debt at once] , shall pay gradually in proportion to what may come to him.
44. If one do not accept restitution of his property on loan when offered, it is to be delivered to some third party; from which time it ceases to carry interest. ”

“ 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. ”

“ One against whom, after [a plea of] denial, judgment is given, shall pay the amount [adjudged to the plaintiff] together with an equal sum to the monarch. [52] One who has made a false complaint, shall forfeit double the amount of his claim.
12. In a case of atrocious violence, of theft, of reviling or personal trespass, [53] where a cow is the [12] subject, or a [malicious] charge of crime, [54] or an offence destructive of life or property [54] where a female [of the household] is the subject— [in each of these cases] the Court shall compel the parties to go to trial forthwith. ”

“ Yájnavalkya is second in importance to Manu alone: and, with the commentary, is the leading authority of the Mithilá school.
The resident of British India needs not to be informed, that the orthodox Hindu regards his Dharma Śástras as direct revelations of the Divine will: still less need such an one be told, that, among this people, law is entirely subservient to the mysterious despotism of cast, [8] a religious, rather than a political ordinance. ”

“ A washerman who wears another's dress shall be fined three paṇas; if he sell, let out, pledge, or, when importuned [give it away] , [329] ten paṇas.
239. If, when father and son quarrel, one volunteer to be a witness, [330] the fine is three paṇas; but, if [on such an occasion] one offer himself as surety, [331] he shall be fined eight-fold. ”

“ But should a hand or a foot be raised, the fine shall be [respectively] ten and twenty paṇas. 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 paṇas: 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 paṇas. ”

“ Manu, Atri, Vishṇu, Háríta, Yájnavalkya, Uśanas, Angiras, Yama, Ápastamba, Sanvarta, Kátyáyana, Brihaspati,
[3]
5. Paráśara, Vyása, Śankha, Likhita, Daksha, Gautama, Śátátapa, and Vaśishṭha, [18] are they who have promulgated Dharma Śástras.
6. When a gift is made, in due season, place and manner, in good faith and to a fit person—all this gives the idea of Law.
7. The Śruti, the Smriti, [19] the practice of good men, what seems good to one's self, [20] and a desire maturely considered—these are declared to be the root [21] of Law. ”

“ He who, [on the impulse] of his own will [merely] , goes to a widow, [324] he who, when there is a cry for help, does not haste [to render it] , he who reviles without cause, a chandála [325] who touches one of higher cast,
[67]
235. he who, when making an oblation to the gods or to ancestors, feeds Śúdrás, or pravrájikas, [326] he who swears an improper oath, or who does what he has no title to do, [327]
236. he who emasculates a bull or smaller animal, who embezzles common property, who destroys the embryo of a female slave,
237. ”

“ This is rather the paraphrase of the Commentator: the text is very obscure. Yájnavalkya 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 ”

“ If a person be beaten without witnesses, the case shall be tried by marks, probabilities and [63] 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 paṇas; 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. ”