Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
147. A husband need not return to his wife _stridhana_ appropriated by
him, during a famine, or in order to perform sacred rites,[227] or
when suffering from disease,[227] or when in prison.[227]
148. If he marry another wife, he shall give to the one he has, as a
consideration for superseding her, should she not already have
received _stridhana_, what is equivalent [to his gifts on the second
marriage]: but, should she have already received _stridhana_, then, it
is declared, [she is entitled to only] half the amount.[228]
149. If the fact of a partition be denied, the matter shall be
ascertained by [reference to] relatives, near or remote, witnesses,
and writings, also [by enquiry as to] separate possession of messuage
and land.[229]
150. When there is a dispute as to boundaries, the neighbours of the
[disputed] land, old men and the like,[230] cowherds, cultivators of
the soil close to the [disputed] boundary, and all whose business is
in forests--[231]
151.--these shall determine the boundaries, as they are indicated by
elevated ground, by charcoal [-remnants],[232] by husks,[233] by
trees, by a causeway, by ant-hills, by depressions of the soil, by
bones, by memorials,[234] and such like.[235]
152. Otherwise,[236] four, eight, or ten neighbours of the same
village, wearing a red wreath and red garments, and carrying earth,
shall settle the boundary.[237]
153. And if any falsehood be uttered, upon each one [speaking falsely]
the monarch shall impose the medium fine.[238]
In the absence of any persons having knowledge of the matter, and of
any indicatory signs, the monarch shall mark the boundary.[239]
154. The same rule applies to fruit-gardens, to out-houses, to
villages,[240] to wells or tanks, to pleasure-gardens, and to
dwellings, as well as to watercourses caused by the rain.[241]
155. If the boundary be broken, or be overstepped,[242] if a
field[243] be taken away; the lowest, the highest and the medium
fines shall be imposed.[244]
156. [Constructing] a useful dam, if it occasion but slight damage [to
individuals], is not to be prevented; nor is a well[245] which takes
from another's land, if having an abundant supply of water and not of
large extent.
157. 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.
158. Whoso fails to complete the cultivation of a field which he has
partially ploughed, shall be made to pay [to the landowner] the value
of the [expected] crop. He[246] shall complete the cultivation by
means of another.
159. If a female buffalo spoil corn,[247] [her owner] shall be fined
eight _máshas_,[248] if a cow, the half [of that sum]; if a goat or a
sheep, the half of the latter.
160. If, after having grazed, they repose there, the fine shall be
double what is above specified.
Public-domain text, read in full here on John Shaqi.
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