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 139: The four objects of living being, in the creed of the
Hindu, virtue, wealth, pleasure, and final liberation of the soul.]
[Footnote 140: Manu, ch. 8, sl. 62, 63.]
[Footnote 141: The terms used are _játi_ and _varṇa_ which are
somewhat ambiguous; but the sense is evidently as rendered, and is so
explained by the Commentator. Manu adds,--Women should be witnesses
for women, ch. 8, sl. 68.]
[Footnote 142: _i. e._ if the regular and more appropriate witnesses
are not available. (_M._)
After sloka 69 the Calcutta edition has the following:--Those learned
in the Vedas, ascetics, the aged, devotees, and the like, are
incompetent witnesses, because so declared by law; no other ground [of
incompetency] is assigned.
We do not insert this additional sloka for the reasons stated in note
[79] supra.]
[Footnote 143: of not less than eighty years.(_M._)]
[Footnote 144: possessed of devils. (_M._) The expression used by the
Commentator may be also translated--under planetary influence.]
[Footnote 145: which the Commentator explains _nirgranthi
prabhritayah_, by which probably are indicated those of the Hindu
community who disbelieve the Vedas, _e.g._ the Jains.]
[Footnote 146: the slayer of bráhmaṇ, and such heinous criminals.
(_M._) Manu ch. 11, sl. 54. See Note [155].]
[Footnote 147: of either party. Perhaps this might be rendered,
partisans, or, allies.]
[Footnote 148: Said by the Commentator to allude to notorious liars.]
[Footnote 149: _scil._ as found in the other Smritis. The Commentator
(quoting Nárada) gives a more detailed account of persons excluded or
exempt from giving testimony. Manu ch. 8, sl. 64--67.]
[Footnote 150: a fortiori two persons, (_M._)]
[Footnote 151: or, who knows the Dharma.]
[Footnote 152: The Commentator excludes from this enabling exception
those under moral (not merely arbitrary or conventional) disability,
as, criminals. Manu, ch. 8, sl. 72.]
[Footnote 153: also, murder. (_M._)]
[Footnote 154: _párushya_ and _sáhasa_: v. supra in notes [9] et
[11].]
[Footnote 155: Who these are is described by Yájnavalkya, in the third
book, _scil._
sl. 227. The slayer of a bráhmaṇ, the drinker of what intoxicates, the
thief, one who violates his _guru's_ bed, are great criminals--also,
whoever associates with such persons.
sl. 228. Grossly to revile one's _guru_, speaking reproachfully of the
Vedas, to slay a friend, after reading from the Veda to forget
it,--these [sins] are like to the murder of a bráhmaṇ.
sl. 229. To eat forbidden food, a crooked insincere mode of dealing, a
multitude of lying words, kissing the mouth of a menstruous
woman,--these [sins] are like to drinking intoxicating liquor.
sl. 230. To steal horses, jewels, men, women, land, cows, property
pledged,--these [sins] are like to the stealing of gold.
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