Imatges de pàgina
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when men dispute about a boundary-mark, the king shall make each of them pay the middlemost amercement as a fine.

264. He who by intimidation possesses himself of a house, a tank, a garden, or a field, shall be fined five hundred (panas); (if he trespassed) through ignorance, the fine (shall be) two hundred (panas).

265. If the boundary cannot be ascertained (by any evidence), let a righteous king with (the intention of) benefiting them (all), himself assign (his) land (to each); that is the settled rule.

266. Thus the law for deciding boundary (disputes) has been fully declared, I will next propound the (manner of) deciding (cases of) defamation.

267. A Kshatriya, having defamed a Brâhmana, shall be fined one hundred (panas); a Vaisya one hundred and fifty or two hundred; a Sûdra shall suffer corporal punishment.

268. A Brâhmana shall be fined fifty (panas) for defaming a Kshatriya; in (the case of) a Vaisya the fine shall be twenty-five (panas); in (the case of) a Sûdra twelve.

269. For offences of twice-born men against those of equal caste (varna, the fine shall be) also twelve (panas); for speeches which ought not to be uttered, that (and every fine shall be) double.

270. A once-born man (a Sûdra), who insults a

265. Yâgñ. II, 153.

267-277. Ap. II, 27, 14; Gaut. XII, 1, 8-14; Vas. IX, 9; Vi. V, 23-39; Yâgn. II, 204–211.

269. 'Speeches that ought not to be uttered,' i. e. 'insinuations against the honour of another's female relatives, especially mothers and sisters' (Medh., Gov., Kull., Râgh.), with which the Hindus, like other Orientals, are very ready.

270. The last clause refers, according to the commentators, to the

twice-born man with gross invective, shall have his tongue cut out; for he is of low origin.

271. If he mentions the names and castes (gâti) of the (twice-born) with contumely, an iron nail, ten fingers long, shall be thrust red-hot into his mouth.

272. If he arrogantly teaches Brahmanas their duty, the king shall cause hot oil to be poured into his mouth and into his ears.

273. He who through arrogance makes false statements regarding the learning (of a caste-fellow), his country, his caste (gâti), or the rites by which his body was sanctified, shall be compelled to pay a fine of two hundred (panas).

274. He who even in accordance with the true facts (contemptuously) calls another man one-eyed, lame, or the like (names), shall be fined at least one kârshâpana.

275. He who defames his mother, his father, his wife, his brother, his son, or his teacher, and he who gives not the way to his preceptor, shall be compelled to pay one hundred (panas).

276. (For mutual abuse) by a Brâhmana and a

origin of the Sûdra from Brahman's feet; see above, I, 31. According to Medh. the expression 'once-born' includes men born from high-caste fathers and low-caste mothers.

271. I.e. if he says 're Yagñadatta,' or 'thou scum of the Brahmanas.'

273. (Of a caste-fellow),' (Kull., Râgh.), Gov. too states that the rule cannot refer to Sûdras, because the punishment is too light. Medh. explains karma by 'occupation,' and sârîram by 'bodily (deficiencies),' while the others refer karma sârîram to a denial of the initiation.

275. Akshârayati, 'defames,' i. e. 'accuses them of a mortal sin' (Gov., Kull., Râgh.), or of incest' (Nâr.), or 'causes dissensions between them and others' (Medh.), or makes them angry' (Nand.).

Kshatriya a fine must be imposed by a discerning (king), on the Brâhmana the lowest amercement, but on the Kshatriya the middlemost.

277. A Vaisya and a Sûdra must be punished exactly in the same manner according to their respective castes, but the tongue (of the Sûdra) shall not be cut out; that is the decision.

278. Thus the rules for punishments (applicable to cases) of defamation have been truly declared; I will next propound the decision (of cases) of assault.

279. With whatever limb a man of a low caste does hurt to (a man of the three) highest (castes), even that limb shall be cut off; that is the teaching of Manu.

280. He who raises his hand or a stick, shall have his hand cut off; he who in anger kicks with his foot, shall have his foot cut off.

281. A low-caste man who tries to place himself on the same seat with a man of a high caste, shall be branded on his hip and be banished, or (the king) shall cause his buttock to be gashed.

282. If out of arrogance he spits (on a superior), the king shall cause both his lips to be cut off; if he urines (on him), the penis; if he breaks wind (against him), the anus.

277. I.e. if a Sûdra defames a Vaisya his tongue is not cut out, but he pays the middlemost amercement.

279-280. Vi. V, 19; Yâgn. II, 215.

280. Praharet, 'kicks,' i. e. 'lifts his foot in order to kick' (Medh., Nâr., Nand.).

20.

281. Ap. II, 27, 15; Gaut. XII, 7; Vi. V, 20. According to Medh., Gov., Kull., the rule refers to a Brâhmana and a Sûdra; according to Râgh., to the latter and an Âryan; according to Nâr., to a Kshatriya, Vaisya, or Sûdra offending against a Brâhmana. 282. Vi. V, 21-22.

283. If he lays hold of the hair (of a superior), let the (king) unhesitatingly cut off his hands, likewise (if he takes him) by the feet, the beard, the neck, or the scrotum.

284. He who breaks the skin (of an equal) or fetches blood (from him) shall be fined one hundred (panas), he who cuts a muscle six nishkas, he who breaks a bone shall be banished.

285. According to the usefulness of the several (kinds of) trees a fine must be inflicted for injuring them; that is the settled rule.

286. If a blow is struck against men or animals in order to (give them) pain, (the judge) shall inflict a fine in proportion to the amount of pain (caused).

287. If a limb is injured, a wound (is caused), or blood (flows, the assailant) shall be made to pay (to the sufferer) the expenses of the cure, or the whole (both the usual amercement and the expenses of the cure as a) fine (to the king).

284. Vi. V, 66-70; Yâgñ. II, 218. '(Of an equal),' (Medh., Kull., Nand.) According to Râgh., the rule refers to Sûdras assaulting Sûdras. According to Nâr., the last offender's property shall be confiscated.

285. Vi. V, 55-59; Yâgñ. II, 227-228. The expression 'trees' includes all plants (Medh., Kull.). According to Gov., the fine for injuring trees which give shade only is to be very small; in the case of flower-bearing trees, middling; in the case of fruit-trees, high (see Vi. loc. cit.). Medh. remarks that the position of the trees, e. g. whether they are boundary-marks, or stand on a cross-road, in a hermitage, &c., has to be taken into account (see Yâgn. loc. cit.).

286-287. Vi. V, 75–76; Yâg . II, 219, 222.

287. Instead of vrana, 'a wound' (Kull., Nâr.), Medh., Gov., Râgh., Nand., and K. read prâna. Medh. explains the latter reading by if the vital strength is injured,' and Gov. and Râgh. by if the breathing power is injured by gagging.' 'Or the whole (as a) fine,' i.e. if the person injured refuses the compensation. Nâr. says, 'and shall pay the whole fine, mentioned above.'

288. He who damages the goods of another, be it intentionally or unintentionally, shall give satisfaction to the (owner) and pay to the king a fine equal to the (damage).

289. In the case of (damage done to) leather, or to utensils of leather, of wood, or of clay, the fine (shall be) five times their value; likewise in the case of (damage to) flowers, roots, and fruit.

290. They declare with respect to a carriage, its driver and its owner, (that there are) ten cases in which no punishment (for damage done) can be inflicted; in other cases a fine is prescribed.

291. When the nose-string is snapped, when the yoke is broken, when the carriage turns sideways or back, when the axle or a wheel is broken,

292. When the leather-thongs, the rope around the neck or the bridle are broken, and when (the driver) has loudly called out, 'Make way,' Manu has declared (that in all these cases) no punishment (shall be inflicted).

293. But if the cart turns off (the road) through the driver's want of skill, the owner shall be fined, if damage (is done), two hundred (panas).

294. If the driver is skilful (but negligent), he alone shall be fined; if the driver is unskilful, the occupants of the carriage (also) shall be each fined one hundred (panas).

295. But if he is stopped on his way by cattle or

288. 'The goods,' i.e. ' such objects as are not mentioned specially' (Medh., Gov., Kull., Râgh.).

291-295. Yâgn. II, 298–299.

291. When the carriage turns sideways or backwards,' i.e. 'off the road owing to its badness, to the animals taking fright, &c.' (Medh., Gov., Kull., Râgh.).

295. There are two readings, avikâritah, 'without doubt' (lit. 'not

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