Hindu Law and Judicature from the Dharma-Sástra of YájnavalkyaYajñavalkya
Religion
Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
Yajñavalkya
Hindu law
[Footnote 73: The Commentator considers the force and intent of this
qualification to be, to make the fine commensurate with the usurper's
means, with a view rather of enhancing it to the wealthy than of
moderating it to the poor, who are perhaps less likely to offend in
this wise.]
[Footnote 74: gift, sale, &c. (_M._)]
[Footnote 75: as proof of ownership, (_M._) Manu, ch. 8, sl. 200.]
[Footnote 76: for three generations. (_M._)]
[Footnote 77: Possession is proof when attended with five incidents; a
title, length of time, continuance, absence of counter-claim,
knowledge of the adverse party. (_M._)]
[Footnote 78: This qualification is the Commentator's.]
[Footnote 79: Between this and the succeeding sloka another is
introduced in the text of the Calcutta edition; _viz._ Possession
accompanied by a clear title is proof; possession unaccompanied by a
clear title is no proof.--We have omitted this, because the
Commentator quotes it as a saying of Nárada, and because it is not
found (as vouched by professor Stenzler) in either of the M.S.S. in
the Berlin Royal Library.]
[Footnote 80: _scil._ as directed in sloka 2.]
[Footnote 81: By a community (_puga_) is meant, the body of
inhabitants of any village or place, without reference to cast or
occupation. (_M._)]
[Footnote 82: A guild (_sreni_) signifies those of one calling,
whether of the same cast or not. (_M._)]
[Footnote 83: Literally "before, before," which implies their
successive rank and importance, _i. e._ that an appeal lies from the
family to the guild, and so on.]
[Footnote 84: Literally "outside." The Commentator explains
it--outside of the town, &c.]
[Footnote 85: _ártta_ out of health; evidently meaning here, the
victim of disease so as to be unfit for the business of life.]
[Footnote 86: The word (_vyasani_) may also be rendered, suffering
calamity; and the Commentator explains the use made of it in the text
to be, a person who is unhappy either by reason of the absence of the
object of his desire or by reason of the presence of what is
disagreeable to him. We have however preferred the alternative meaning
which the word admits of.]
[Footnote 87: &c., _i. e._ paralysed by any cause or emotion whatever.
See Manu, ch. 8, sl. 163.]
[Footnote 88: by public officers and delivered to the king. (_M._)]
[Footnote 89: The Commentator considers the treasure-trove here
alluded to, to be buried wealth, of which there is no claimant.]
[Footnote 90: Manu, ch. 8, sl. 37, 38.]
[Footnote 91: The Commentator explains--of the whole world!]
[Footnote 92: _i. e._ by any other than the monarch or a _learned_
bráhmaṇ. (_M._)]
[Footnote 93: The Commentator (referring to Vaśishṭha and Gautama)
reads this,--the finder shall take a sixth, the monarch the
residue--such being the converse of the plain language used.]
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