The Religions of India: Handbooks on the History of Religions, Volume 1, Edited by Morris JastrowHopkins, Edward Washburn
Religion
The Religions of India: Handbooks on the History of Religions, Volume 1, Edited by Morris Jastrow
Hopkins, Edward Washburn
India -- Religion
Water-ordeals: (1) May better be reckoned to fire-ordeals. The
innocent plunges his hand into boiling water and fetches out a stone
(Anglo-Saxon law) or a coin (Indic law) without injury to his hand.
Sometimes (in both practices) the plunge alone is demanded. The depth
to which the hand must be inserted is defined by Hindu jurists.
(2) The Floating-ordeal. The victim is cast into water. If he floats
he is guilty; if he drowns he is innocent. According to some Indic
authorities an arrow is shot off at the moment the accused is dropped
into the water, and a 'swift runner' goes after and fetches it back.
"If at his return he find the body of the accused still under water,
the latter shall be declared to be innocent."[40] According to Kaegi
this ordeal would appear to be unknown in Europe before the ninth
century. In both countries Water (in India, Varuna) is invoked not to
keep the body of a guilty man but to reject it (make it float).
Food-ordeal: Some Hindu law-books prescribe that in the case of
suspected theft the accused shall eat consecrated rice. If the gums be
not hurt, no blood appear on spitting, and the man do not tremble, he
will be innocent. This is also a Teutonic test, but it is to be
observed that the older laws in India do not mention it.
On the basis of these examples (not chosen in historical sequence)
Kaegi has concluded, while admitting that ordeals with a general
similarity to these have arisen quite apart from Aryan influence, that
there is here a bit of primitive Aryan law; and that even the minutiae
of the various trials described above are _un_-Aryan. This we do
not believe. But before stating our objections we must mention another
ordeal.
The Oath: While fire and water are the usual means of testing crime in
India, a simple oath is also permitted, which may involve either the
accused alone or his whole family. If misfortune, within a certain
time (at once, in seven days, in a fortnight, or even half a year)
happen to the one that has sworn, he will be guilty. This oath-test is
also employed in the case of witnesses at court, perjury being
indicated by the subsequent misfortune (Manu, viii. 108).[41]
Our objections to seeing primitive Aryan law in the minutiae of
ordeals is based on the gradual evolution of these ordeals and of
their minutiae in India itself. The earlier law of the S[=u]tras
barely mentions ordeals; the first 'tradition law' of Manu has only
fire, water, and the oath. All others, and all special descriptions
and restrictions, are mentioned in later books alone. Moreover, the
earliest (pre-legal) notice of ordeals in India describes the carrying
of hot iron (in the test of theft) as simply "bearing a hot axe,"
while still earlier there is only walking through fire.[42]
Public-domain text, read in full here on John Shaqi.
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