Ritual and Moral Conduct

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Translation of ancient text from Sanskrit to English:

About the duties of people according to their caste and sources of such duties:

1. The Munis[11] after adoration to Yájnavalkya, lord of Yogís,[12] thus addressed him:

Reveal to us the several duties of the casts, of the orders,[13] and of the others![14]

2. The prince of the Yogís, who then abode in Mithilá, meditating for a moment, said to the Munis: Hearken to the rules of duty in the country of the black antelope![15]

3. There are fourteen repositories[16] of the sciences and of law; the four Vedas together with the Puráṇas, the Nyáya, the Mimánsá, the Dharma Śástras, and the six Angas.[17]

4. Manu, Atri, Vishṇu, Háríta, Yájnavalkya, Uśanas, Angiras, Yama, Ápastamba, Sanvarta, Kátyáyana, Brihaspati,

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.

9. Four learned in the Vedas and in the Law form a Court, or Traividya.[22] Whatever is declared by this [Court], or by a single person who has, in an eminent degree, knowledge of the soul in its relations[23]—the same should be [held as] Law.

The caste:

10. Bráhmaṇs, Kshattriyas, Vaisyásand Śúdrás are the casts: of them the three first are twice-born; all their rites, commencing with the procreative rites, and ending with those [which are gone through] where the corpse is disposed of,[24] are with Mantras.[25]

Investiture of caste:

14. In the eighth year from conception, or in the eighth [of birth],[26] the investiture[27] of the Bráhmaṇ [takes place]; of Rajas[28] in the eleventh; of Vaisyásin the twelfth: some [have said, this varies] in accordance with [the usage of] the family.

Twiceborn:

39. Bráhmaṇs, Kshattriyas, and Vaisyás are born, first, of their mothers, and, a second time, by the girding on of the sacred thread—therefore are they declared to be twice-born.

Honour of Men:

116. [Men] are to be honoured in the gradation following,—in respect of learning, conduct, years, family, property. Even a Śúdrá, if he excel in these respects, is in old age worthy of honour.

Duties of Monarch/King:

326. The monarch, at his rising [from the night's repose], having seen to the [general] safety, shall himself inspect the [account of] revenue and disbursements; he shall then adjudicate law-suits; after which, having bathed,[29] he may, at his pleasure, take his meal.[30]

342. Of a newly subjugated territory, the monarch shall preserve the social and religious usages, also the judicial system and the state of classes as they already obtain.[31]

Power and duty to punish:

352. A ruler, a minister, people, a stronghold, treasure, [power of] punishment, and allies—because these are its elements, a realm is called seven-limbed.

353. When possessed of this, let a monarch cause punishment to fall on the guilty; for, of old, justice was created by Brahmá under the form of punishment.[32]

357. A brother even, or a son, any one to whom respect is due, a father-in-law or maternal uncle, if he transgress, is not to go unpunished by the monarch.

358. The monarch who punishes such as deserve punishment, who slays such as deserve death: he is as one who has made many sacrifices with valuable offerings.[33]

Duty to invstigate and to conduct trial of offences:

359. Every day should the monarch, pondering on his reward (such as sacrifices gain), himself investigate law-suits in their order with the judges around him.

360. The monarch, always duly correcting [those among] the casts, the mixed classes, the guilds, the schools[34] [of the learned], and the people [in general], who have deviated from their duty, should set them in the [right] path.

Punishments by Monarch/King:

361. A particle of dust in the sunbeams, as they shine through a window, is held to consist of three atoms; eight of those [particles] are equal to a poppy seed, of which three are equal to a black mustard seed;

362. Three of these to a white mustard seed, three of these to a barley seed of middle size, three of these to a Krishṇala berry,[35] five of these to a Másha,[36] sixteen of these to a Suvarṇa.[37]

363. A Pala is four or five[38] Suvarṇas. Two Krishṇalas are a silver Másha; sixteen of the latter, a Dharaṇa.

364. A Śatamána and a Pala are each equal to ten Dharaṇas: a Nishka is four Suvarṇas: a copper Paṇa is of the weight of a Karsha.[39]

365. One thousand and eighty Paṇas is declared the highest fine; half of that amount the medium fine; and half of this the lowest fine.

366. Reproof, words of ignominy, fine, and death,[40] shall be administered, singly or together, according to the crime.[41]

367. [The monarch] having informed himself of the crime, the place where, and the time when [committed], the strength [of the criminal, his] age, calling, and means, shall cause punishment to fall upon the guilty.[42]

Note: The foregoing extracts, it will have been observed, are of general application, and do not refer to any part of the law in detail. Several slokas in the first book, however, and some in the third, do refer to and affect the details of law, which are the proper subject of the second book, where therefore they are inserted, according to their subject.

Footnotes:

[10] This is the general subject and title of the first book; but the following slokas are selected as introductory of and with reference to civil and municipal law.

[11] 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.

[12] These (according to Hindu notions) have withdrawn their senses from external things by, as it were, mental concentration, fixing the thoughts, without change or wavering, upon the soul in its relations with the Supreme Being.

[13] viz.—the brahmachári, the student of the Vedas,

the grihastha, the head of a family;

the vánaprastha, who has retired from active life, to the forest;

the sanyásí, whose duty it is to pass his time in meditating upon Brahmá, so as to attain to the state of a Yogí.

[14] i. e. the mixed casts. (M.)

[15] Manu, ch. 2, sl. 23.

[16] The Commentator explains this by a word which signifies cause or source.

[17] IV. Vedas, of which there are four, each being divided into sanhitá and bráhmaṇa.

V. Puráṇas, these (of which there are 18) treat of the origin and destruction of the world, mythological stories and genealogies, and the doings of the early Hindu monarchs.

VI. Nyáya, one of the six orthodox systems of Hindu philosophy, treating especially of logic and dialectics.

VII. Mimánsá, there are two Mimánsás: the first (pūrva) treats of the rules of duty, as derived from the Vedas, the second or subsequent (uttara) treats of Brahmá, the universal cause and soul.

VIII. Dharma Śástras, viz. Manu, Yájnavalkya, etc., the subject being divided into, 1. Ritual and moral conduct (áchára); 2. Law and judicature (vyavahára); 3. Expiations (práyaschitta).

XIV. Angas, six treatises, viz., pronunciation, grammar, prosody, explanation of obscure terms, religious rites, astronomy. These are considered appendants of the Vedas. The word angas signifies, limbs.

[18] To these twenty many others have to be added, Nárada, &c.: see Introduction.

[19] Śruti are the Vedas; Smriti, the Dharma Śástras: such is the definition of Manu, ch. 2, sl. 10.

[20] The Commentator qualifies this indefinite source of law, as applicable only where two or more lawful alternatives are presented.

[21] Further explained by the Commentator, the evidence or proofs of law; and he adds, the several proofs mentioned, where they clash, are of weight and authority according to their precedence, e.g. Śruti the highest, the mature desire the lowest, Manu, ch. 2, sl. 6, 12.

[22] Which means, having knowledge of the three Vedas. See Manu, ch. 12, sl. 110 to 113.

[23] To explain or enlarge upon this metaphysical phrase would be out of place in the present work. The curious student can refer to the Upanishads and the Vedánta.

[24] Which, in the time of our author, meant, the place of cremation. In the third book, sl. 1, 2, Yájnavalkya says:—A child under two years of age is to be buried, nor shall water be offered; every other deceased, being followed by his relatives to the place for disposal of the dead, shall there be burned.

It was certainly otherwise at the period of the Vedas (vide Die Todtenbestattung im indischen Alterthum. German Oriental Society's Journal, Vol. VIII. pp. 467—475): the paraphrase in the text is the meaning of the term used, smasána.

[25] Texts of the Vedas to be recited on solemn occasions. See analogous passage, Manu ch. 2, sl. 16.

[26] So we supply the hiatus in the text, in conformity with the opinion of the Commentator. Manu makes no allusion to the alternative, ch. 2, sl. 36.

[27] Induction into the character and privileges of his cast, by means of the sacred thread.

[28] who, being Kshattriyas, here represent the cast.

[29] at mid-day. (M.)

[30] Manu ch. 7, sl. 216.

[31] ibid, 201 et seq.

[32] ibid, 13, 41.

[33] Manu ch. 8, sl. 306.

[34] The Commentator explains the general expression here used by the word haituka, of which one meaning is that given in the text, but it also signifies, those who do not believe in the Vedas.

[35] retti or gunja, a shrub bearing a small red and black berry. Wilson.

[36] A sort of kidney bean, phasealus radiatus. Wilson.

[37] About 176 grains Troy weight. Wilson.

[38] Manu says four.

[39] These tables of weight, as further explained by the Commentator, may be given thus:

3 Atoms = 1 Mote.

8 Motes = 1 Poppy seed or a nit.

3 Poppy seeds or 3 nits = 1 Black mustard seed.

3 Black mustard seeds = 1 White mustard seed.

3 White mustard seeds = 1 Barley corn.

3 Barley corns = 1 Krishṇala.

Gold:

5 Krishṇalas = 1 Másha.

16 Máshas = 1 Suvarṇa.

4 Suvarṇas = 1 Pala.

Silver:

2 Krishṇalas = 1 Másha.

16 Máshas = 1 Dharaṇa.

10 Dharaṇas = 1 Pala or Śatamána.

4 Suvarṇas = 1 Nishka.

Copper:

4 Karshas = 1 Pala.

1 Paṇa = 1 Karsha i. e. 1/4 Pala.

They by no means satisfactorily define the intrinsic weight and signification of the Paṇa, which, as the measure of pecuniary penalty, would seem to be the chief if not sole object of their introduction.

In the corresponding slokas of Manu, ten Palas are said to be equivalent to one Dharaṇa. We can only reconcile this by supposing Manu to refer to a gold Pala and Yájnavalkya to a silver Pala.

[40] The Commentator remarks, that this includes every kind of corporal punishment.

[41] Manu, ch. 8, sl. 129, 130.

[42] ibid, sl. 126, also ch. 7, sl. 16. In the last passage, Sir Wm. Jones has added to the term, strength, his own; this we consider to be an error, at any rate it is not a mere translation, and we have applied the term used, viz. strength simpliciter, differently.

THE SECOND BOOK