Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya — John Shaqi
Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
301. 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.
304. Whoso beats out both [a person's] eyes, a bearer of odious
tidings to the monarch, also a Śúdrá holding himself out as a
bráhmaṇ,--[each of these] shall be fined eight hundred _paṇas_.
305. Such law suits as have been decided unrighteously shall be
re-investigated by the monarch: [in case of reversal of the judgment]
the judges and the winning party shall be amerced in double the amount
of the fine decreed in the suit.
306. Should one defeated on the contest of his suit represent as
though he were not defeated, he shall, when he comes [again to urge
his suit, besides] being re-defeated, be fined double.
307. Should the monarch have inflicted any fine unjustly, he shall
himself, after making invocation to Varuṇa,[379] present thirty
times the amount [of the fine] to bráhmaṇs.
FOOTNOTES:
[Footnote 43: Various terms are used by our author to denote the head
of the State (_e.g._ Rájá, Protector of men, Lord of men, &c.) to suit
the metre or fancifully. In translation we have thought it better to
be uniform.]
[Footnote 44: What is understood by science is explained in the first
book sl. 3.]
[Footnote 45: Manu, ch. 8, sl. 9.]
[Footnote 46: The original is, _smriti ádi_ (the second word being
equivalent to &c.), which the Commentator explains, as translated, law
and usage, or custom.]
[Footnote 47: The &c. signifies, description of chattels, with their
number, also particulars of place and time. (_M._)]
[Footnote 48: The Commentator has enabled us to supply the ellipsis,
but he does not fully explain the author's meaning. It would seem,
that in those primitive times, it was considered harsh or inexpedient
to harass a defendant, or accused person with two legal proceedings,
of any sort, at the same time. The sentence will, however, bear the
sense, that no stranger or intervener shall be permitted to come in
and interrupt the progress of a pending suit.]
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