8.1. A king, desirous of investigating law cases, must enter his court of justice, preserving a dignified demeanour, together with Brahmanas and with experienced councillors.
8.3. Daily (deciding) one after another (all cases) which fall under the eighteen titles (of the law) according to principles drawn from local usages. and from the Institutes of the sacred law.
तेषामाद्यं ऋणादानं निक्षेपोऽस्वामिविक्रयः । सम्भूय च समुत्थानं दत्तस्यानपकर्म च ॥ ८.४॥
teṣāmādyaṃ ṛṇādānaṃ nikṣepo'svāmivikrayaḥ . sambhūya ca samutthānaṃ dattasyānapakarma ca .. 8.4..
8.4. Of those (titles) the first is the non-payment of debts, (then follow), (2) deposit and pledge, (3) sale without
ownership, (4) concerns among partners, and (5) resumption of gifts,
8.5. (6) Non-payment of wages, (7) non-performance of agreements, (8) rescission of sale and purchase, (9) disputes between the owner (of cattle) and his servants,
स्त्रीपुंधर्मो विभागश्च द्यूतमाह्वय एव च । पदान्यष्टादशैतानि व्यवहारस्थिताविह ॥ ८.७॥
strīpuṃdharmo vibhāgaśca dyūtamāhvaya eva ca . padānyaṣṭādaśaitāni vyavahārasthitāviha .. 8.7..
8.7. (16) Duties of man and wife, (17) partition (of inheritance), (18) gambling and betting; these are in this world the eighteen topics which give rise to lawsuits.
8.10. That (man) shall enter that most excellent court, accompanied by three assessors, and fully consider (all) causes (brought) before the (king), either sitting down or standing.
8.11. Where three Brahmanas versed in the Vedas and the learned (judge) appointed by the king sit down, they call that the court of (four-faced) Brahman.
8.12. But where justice, wounded by injustice, approaches and the judges do not extract the dart, there (they also) are wounded (by that dart of injustice).
धर्म एव हतो हन्ति धर्मो रक्षति रक्षितः । तस्माद्धर्मो न हन्तव्यो मा नो धर्मो हतोऽवधीत् ॥ ८.१५॥
dharma eva hato hanti dharmo rakṣati rakṣitaḥ . tasmāddharmo na hantavyo mā no dharmo hato'vadhīt .. 8.15..
8.15. ’Justice, being violated, destroys; justice, being preserved, preserves: therefore justice must not be violated, lest violated justice destroy us.’
वृषो हि भगवान् धर्मस्तस्य यः कुरुते त्वलम् । वृषलं तं विदुर्देवास्तस्माद्धर्मं न लोपयेत् ॥ ८.१६॥
vṛṣo hi bhagavān dharmastasya yaḥ kurute tvalam . vṛṣalaṃ taṃ vidurdevāstasmāddharmaṃ na lopayet .. 8.16..
8.16. For divine justice (is said to be) a bull (vrisha); that (man) who violates it (kurute ’lam) the gods consider to be (a man despicable like) a Sudra (vrishala); let him, therefore, beware of violating justice.
8.18. One quarter of (the guilt of) an unjust (decision) falls on him who committed (the crime), one quarter on the (false) witness, one quarter on all the judges, one quarter on the king.
राजा भवत्यनेनास्तु मुच्यन्ते च सभासदः । एनो गच्छति कर्तारं निन्दाऽर्हो यत्र निन्द्यते ॥ ८.१९॥
rājā bhavatyanenāstu mucyante ca sabhāsadaḥ . eno gacchati kartāraṃ nindā'rho yatra nindyate .. 8.19..
8.19. But where he who is worthy of condemnation is condemned, the king is free from guilt, and the judges are
saved (from sin); the guilt falls on the perpetrator (of the crime alone).
8.20. A Brahmana who subsists only by the name of his caste (gati), or one who merely calls himself a Brahmana (though his origin be uncertain), may, at the king’s pleasure, interpret the law to him, but never a
Sudra.
8.22. That kingdom where Sudras are very numerous, which is infested by atheists and destitute of twice-born (inhabitants), soon entirely perishes, afflicted by famine and disease.
8.23. Having occupied the seat of justice, having covered his body, and having worshipped the guardian deities of the world, let him, with a collected mind, begin the trial of causes.
8.24. Knowing what is expedient or inexpedient, what is pure justice or injustice, let him examine the causes of suitors according to the order of the castes (varna).
बाह्यैर्विभावयेत्लिङ्गैर्भावमन्तर्गतं नृणाम् । स्वरवर्णैङ्गिताकारैश्चक्षुषा चेष्टितेन च ॥ ८.२५ ॥
bāhyairvibhāvayetliṅgairbhāvamantargataṃ nṛṇām . svaravarṇaiṅgitākāraiścakṣuṣā ceṣṭitena ca .. 8.25 ..
8.25. By external signs let him discover the internal disposition of men, by their voice, their colour, their motions, their aspect, their eyes, and their gestures.
आकारैरिङ्गितैर्गत्या चेष्टया भाषितेन च । नेत्रवक्त्रविकारैश्च गृह्यतेऽन्तर्गतं मनः ॥ ८.२६॥
ākārairiṅgitairgatyā ceṣṭayā bhāṣitena ca . netravaktravikāraiśca gṛhyate'ntargataṃ manaḥ .. 8.26..
8.26. The internal (working of the) mind is perceived through the aspect, the motions, the gait, the gestures, the speech, and the changes in the eye and of the face.
8.27. The king shall protect the inherited (and other) property of a minor, until he has returned (from his teacher’s house) or until he has passed his minority.
वशाऽपुत्रासु चैवं स्याद्रक्षणं निष्कुलासु च । पतिव्रतासु च स्त्रीषु विधवास्वातुरासु च ॥ ८.२८॥
vaśā'putrāsu caivaṃ syādrakṣaṇaṃ niṣkulāsu ca . pativratāsu ca strīṣu vidhavāsvāturāsu ca .. 8.28..
8.28. In like manner care must be taken of barren women, of those who have no sons, of those whose family is extinct, of wives and widows faithful to their lords, and of women afflicted with diseases.
8.30. Property, the owner of which has disappeared, the king shall cause to be kept as a deposit during three
years; within the period of three years the owner may claim it, after (that term) the king may take it.
8.31. He who says, ’This belongs to me,’ must be examined according to the rule; if he accurately describes the shape, and the number (of the articles found) and so forth, (he is) the owner, (and) ought (to receive) that property.
अवेदयानो नष्टस्य देशं कालं च तत्त्वतः । वर्णं रूपं प्रमाणं च तत्समं दण्डमर्हति ॥ ८.३२॥
avedayāno naṣṭasya deśaṃ kālaṃ ca tattvataḥ . varṇaṃ rūpaṃ pramāṇaṃ ca tatsamaṃ daṇḍamarhati .. 8.32..
8.32. But if he does not really know the time and the place (where it was) lost, its colour, shape, and size, he is worthy of a fine equal (in value) to the (object claimed)
8.33. Now the king, remembering the duty of good men, may take one-sixth part of property lost and afterwards found, or one-tenth, or at least one-twelfth.
8.34. Property lost and afterwards found (by the king’s servants) shall remain in the keeping of (special) officials; those whom the king may convict of stealing it, he shall cause to be slain by an elephant.
8.36. But he who falsely says (so), shall be fined in one-eighth of his property, or, a calculation of (the value of)
the treasure having been made, in some smaller portion (of that).
nidhīnāṃ tu purāṇānāṃ dhātūnāmeva ca kṣitau . ardhabhāgrakṣaṇādrājā bhūmeradhipatirhi saḥ .. 8.39..
8.39. The king obtains one half of ancient hoards and metals (found) in the ground, by reason of (his giving)
protection, (and) because he is the lord of the soil.
8.40. Property stolen by thieves must be restored by the king to (men of) all castes (varna); a king who uses such (property) for himself incurs the guilt of a thief.
8.41. (A king) who knows the sacred law, must inquire into the laws of castes (gati), of districts, of guilds, and of families, and (thus) settle the peculiar law of each.
नोत्पादयेत्स्वयं कार्यं राजा नाप्यस्य पूरुषः । न च प्रापितमन्येन ग्रसेतार्थं कथं चन ॥ ८.४३॥
notpādayetsvayaṃ kāryaṃ rājā nāpyasya pūruṣaḥ . na ca prāpitamanyena grasetārthaṃ kathaṃ cana .. 8.43..
8.43. Neither the king nor any servant of his shall themselves cause a lawsuit to be begun, or hush up one that has been brought (before them) by (some) other (man).
8.44. As a hunter traces the lair of a (wounded) deer by the drops of blood, even so the king shall discover on which side the right lies, by inferences (from the facts).
सत्यमर्थं च सम्पश्येदात्मानमथ साक्षिणम् । देशं रूपं च कालं च व्यवहारविधौ स्थितः ॥ ८.४५॥
satyamarthaṃ ca sampaśyedātmānamatha sākṣiṇam . deśaṃ rūpaṃ ca kālaṃ ca vyavahāravidhau sthitaḥ .. 8.45..
8.45. When engaged in judicial proceedings he must pay full attention to the truth, to the object (of the dispute), (and) to himself, next to the witnesses, to the place, to the time, and to the aspect.
8.46. What may have been practised by the virtuous, by such twice-born men as are devoted to the law, that he shall establish as law, if it be not opposed to the (customs of) countries, families, and castes (gati).
8.47. When a creditor sues (before the king) for the recovery of money from a debtor, let him make the debtor pay the sum which the creditor proves (to be due).
धर्मेण व्यवहारेण छलेनाचरितेन च । प्रयुक्तं साधयेदर्थं पञ्चमेन बलेन च ॥ ८.४९॥
dharmeṇa vyavahāreṇa chalenācaritena ca . prayuktaṃ sādhayedarthaṃ pañcamena balena ca .. 8.49..
8.49. By moral suasion, by suit of law, by artful management, or by the customary proceeding, a creditor may
recover property lent; and fifthly, by force.
arthe'pavyayamānaṃ tu karaṇena vibhāvitam . dāpayeddhanikasyārthaṃ daṇḍaleśaṃ ca śaktitaḥ .. 8.51..
8.51. But him who denies a debt which is proved by good evidence, he shall order to pay that debt to the
creditor and a small fine according to his circumstances.
8.52. On the denial (of a debt) by a debtor who has been required in court to pay it, the complainant must call (a witness) who was present (when the loan was made), or adduce other evidence.
8.53. (The plaintiff) who calls a witness not present at the transaction, who retracts his statements, or does not perceive that his statements (are) confused or contradictory;
अपदिश्यापदेशं च पुनर्यस्त्वपधावति । सम्यक्प्रणिहितं चार्थं पृष्टः सन्नाभिनन्दति ॥ ८.५४॥
apadiśyāpadeśaṃ ca punaryastvapadhāvati . samyakpraṇihitaṃ cārthaṃ pṛṣṭaḥ sannābhinandati .. 8.54..
8.54. Or who having stated what he means to prove afterwards varies (his case), or who being questioned on a fact duly stated by himself does not abide by it;
8.55. Or who converses with the witnesses in a place improper for such conversation; or who declines to answer a question, properly put, or leaves (the court);
ब्रूहीत्युक्तश्च न ब्रूयादुक्तं च न विभावयेत् । न च पूर्वापरं विद्यात्तस्मादर्थात्स हीयते ॥ ८.५६॥
brūhītyuktaśca na brūyāduktaṃ ca na vibhāvayet . na ca pūrvāparaṃ vidyāttasmādarthātsa hīyate .. 8.56..
8.56. Or who, being ordered to speak, does not answer, or does not prove what he has alleged; or who does not know what is the first (point), and what the second, fails in his suit.
8.57. Him also who says ’I have witnesses,’ and, being ordered to produce them, produces them not, the judge must on these (same) grounds declare to be non-suited.
अभियोक्ता न चेद्ब्रूयाद् बन्ध्यो दण्ड्यश्च धर्मतः । न चेत्त्रिपक्षात्प्रब्रूयाद्धर्मं प्रति पराजितः ॥ ८.५८ - फ॥
abhiyoktā na cedbrūyād bandhyo daṇḍyaśca dharmataḥ . na cettripakṣātprabrūyāddharmaṃ prati parājitaḥ .. 8.58 - pha..
8.58. If a plaintiff does not speak, he may be punished corporally or fined according to the law; if (a defendant) does not plead within three fortnights, he has lost his cause.
यो यावद्निह्नुवीतार्थं मिथ्या यावति वा वदेत् । तौ नृपेण ह्यधर्मज्ञौ दाप्यौ तद्द्विगुणं दमम् ॥ ८.५९॥
yo yāvadnihnuvītārthaṃ mithyā yāvati vā vadet . tau nṛpeṇa hyadharmajñau dāpyau taddviguṇaṃ damam .. 8.59..
8.59. In the double of that sum which (a defendant) falsely denies or on which (the plaintiff) falsely declares,
shall those two (men) offending against justice be fined by the king.
8.60. (A defendant) who, being brought (into court) by the creditor, (and) being questioned, denies (the debt), shall be convicted (of his falsehood) by at least three witnesses (who must depose) in the presence of the Brahmana (appointed by) the king.
8.61. I will fully declare what kind of men may be made witnesses in suits by creditors, and in what manner those (witnesses) must give true (evidence).
गृहिणः पुत्रिणो मौलाः क्षत्रविद्शूद्रयोनयः । अर्थ्युक्ताः साक्ष्यमर्हन्ति न ये के चिदनापदि ॥ ८.६२॥
gṛhiṇaḥ putriṇo maulāḥ kṣatravidśūdrayonayaḥ . arthyuktāḥ sākṣyamarhanti na ye ke cidanāpadi .. 8.62..
8.62. Householders, men with male issue, and indigenous (inhabitants of the country, be they) Kshatriyas, Vaisyas, or Sudras, are competent, when called by a suitor, to give evidence, not any persons whatever (their condition may be) except in cases of urgency.
8.63. Trustworthy men of all the (four) castes (varna) may be made witnesses in lawsuits, (men) who know (their) whole duty, and are free from covetousness; but let him reject those (of an) opposite (character).
नार्थसम्बन्धिनो नाप्ता न सहाया न वैरिणः । न दृष्टदोषाः कर्तव्या न व्याध्यार्ता न दूषिताः ॥ ८.६४॥
nārthasambandhino nāptā na sahāyā na vairiṇaḥ . na dṛṣṭadoṣāḥ kartavyā na vyādhyārtā na dūṣitāḥ .. 8.64..
8.64. Those must not be made (witnesses) who have an interest in the suit, nor familiar (friends), companions, and enemies (of the parties), nor (men) formerly convicted (of perjury), nor (persons) suffering under (severe) illness, nor (those) tainted (by mortal sin).
न साक्षी नृपतिः कार्यो न कारुककुशीलवौ । न श्रोत्रियो न लिङ्गस्थो न सङ्गेभ्यो विनिर्गतः ॥ ८.६५॥
na sākṣī nṛpatiḥ kāryo na kārukakuśīlavau . na śrotriyo na liṅgastho na saṅgebhyo vinirgataḥ .. 8.65..
8.65. The king cannot be made a witness, nor mechanics and actors, nor a: Srotriya, nor a student of the Veda,
nor (an ascetic) who has given up (all) connexion (with the world),
नाध्यधीनो न वक्तव्यो न दस्युर्न विकर्मकृत् । न वृद्धो न शिशुर्नैको नान्त्यो न विकलेन्द्रियः ॥ ८.६६॥
nādhyadhīno na vaktavyo na dasyurna vikarmakṛt . na vṛddho na śiśurnaiko nāntyo na vikalendriyaḥ .. 8.66..
8.66. Nor one wholly dependent, nor one of bad fame, nor a Dasyu, nor one who follows forbidden occupations, nor an aged (man), nor an infant, nor one (man alone), nor a man of the lowest castes, nor one deficient in organs of sense,
नार्तो न मत्तो नोन्मत्तो न क्षुत्तृष्णोपपीडितः । न श्रमार्तो न कामार्तो न क्रुद्धो नापि तस्करः ॥ ८.६७॥
nārto na matto nonmatto na kṣuttṛṣṇopapīḍitaḥ . na śramārto na kāmārto na kruddho nāpi taskaraḥ .. 8.67..
8.67. Nor one extremely grieved, nor one intoxicated, nor a madman, nor one tormented by hunger or thirst, nor one oppressed by fatigue, nor one tormented by desire, nor a wrathful man, nor a thief.
8.68. Women should give evidence for women, and for twice-born men twice-born men (of the) same (kind), virtuous Sudras for Sudras, and men of the lowest castes for the lowest.
8.69. But any person whatsoever, who has personal knowledge (of an act committed) in the interior apartments (of a house), or in a forest, or of (a crime causing) loss of life, may give evidence between the parties.
8.70. On failure (of qualified witnesses, evidence) may given (in such cases) by a woman, by an infant, by an aged man, by a pupil, by a relative, by a slave, or by a hired servant.
8.71. But the (judge) should consider the evidence of infants, aged and diseased men, who (are apt to) speak untruly, as untrustworthy, likewise that of men with disordered minds.
8.73. On a conflict of the witnesses the king shall accept (as true) the evidence of the) majority; if (the conflicting parties are) equal in number, (that of) those distinguished by good qualities; on a difference between (equally) distinguished (witnesses, that of) the best among the twice-born.
samakṣadarśanātsākṣyaṃ śravaṇāccaiva sidhyati . tatra satyaṃ bruvan sākṣī dharmārthābhyāṃ na hīyate .. 8.74..
8.74. Evidence in accordance with what has actually been seen or heard, is admissible; a witness who speaks truth in those (cases), neither loses spiritual merit nor wealth.
8.75. A witness who deposes in an assembly of honourable men (Arya) anything else but what he has seen or heard, falls after death headlong into hell and loses heaven.
8.76. When a man (originally) not appointed to be a witness sees or hears anything and is (afterwards) examined regarding it, he must declare it (exactly) as he saw or heard it.
एकोऽलुब्धस्तु त्वसाक्षी स्याद्बह्व्यः शुच्योऽपि न स्त्रियः । स्त्रीबुद्धेरस्थिरत्वात्तु दोषैश्चान्येऽपि ये वृताः ॥ ८.७७॥
eko'lubdhastu tvasākṣī syādbahvyaḥ śucyo'pi na striyaḥ . strībuddherasthiratvāttu doṣaiścānye'pi ye vṛtāḥ .. 8.77..
8.77. One man who is free from covetousness may be (accepted as) witness; but not even many pure women, because the understanding of females is apt to waver, nor even many other men, who are tainted with sin.
svabhāvenaiva yadbrūyustadgrāhyaṃ vyāvahārikam . ato yadanyadvibrūyurdharmārthaṃ tadapārthakam .. 8.78..
8.78. What witnesses declare quite naturally, that must be received on trials; (depositions) differing from that,
which they make improperly, are worthless for (the purposes of) justice.
8.79. The witnesses being assembled in the court in the presence of the plaintiff and of the defendant, let the judge examine them, kindly exhorting them in the following manner:
8.80. ’What ye know to have been mutually transacted in this matter between the two men before us, declare all that in accordance with the truth; for ye are witnesses in this (cause).
8.81. ’A witness who speaks the truth in his evidence, gains (after death) the most excellent regions (of bliss)
and here (below) unsurpassable fame; such testimony is revered by Brahman (himself).
8.82. ’He who gives false evidence is firmly bound by Varuna’s fetters, helpless during one hundred existences; let (men therefore) give true evidence.
8.83. ’By truthfulness a witness is purified, through truthfulness his merit grows, truth must, therefore, be spoken by witnesses of all castes (varna).
8.86. ’The sky, the earth, the waters, (the male in) the heart, the moon, the sun, the fire, Yama and the wind, the
night, the two twilights, and justice know the conduct of all corporeal beings.’
8.87. The (judge), being purified, shall ask in the forenoon the twice-born (witnesses) who (also have been)
purified, (and stand) facing the north or the east, to give true evidence in the presence of (images of) the gods and of Brahmanas.
8.88. Let him examine a Brahmana (beginning with) ’Speak,’ a Kshatriya (beginning with) ’Speak the truth,’ a Vaisya (admonishing him) by (mentioning) his kine, grain, and gold, a Sudra (threatening him) with (the guilt of) every crime that causes loss of caste;
ब्रह्मघ्नो ये स्मृता लोका ये च स्त्रीबालघातिनः । मित्रद्रुहः कृतघ्नस्य ते ते स्युर्ब्रुवतो मृषा ॥ ८.८९॥
brahmaghno ye smṛtā lokā ye ca strībālaghātinaḥ . mitradruhaḥ kṛtaghnasya te te syurbruvato mṛṣā .. 8.89..
8.89. (Saying), ’Whatever places (of torment) are assigned (by the sages) to the slayer of a Brahmana, to the murderer of women and children, to him who betrays a friend, and to an ungrateful man, those shall be thy (portion), if thou speakest falsely.
8.90. ’(The reward) of all meritorious deeds which thou, good man, hast done since thy birth, shall become the share of the dogs, if in thy speech thou departest from the truth.
8.91. ’If thou thinkest, O friend of virtue, with respect to thyself, "I am alone," (know that) that sage who witnesses all virtuous acts and all crimes, ever resides in thy heart.
8.92. ’If thou art not at variance with that divine Yama, the son of Vivasvat, who dwells in thy heart, thou needest neither visit the Ganges nor the (land of the) Kurus.
8.93. ’Naked and shorn, tormented with hunger and thirst, and deprived of sight, shall the man who gives false evidence, go with a potsherd to beg food at the door of his enemy.
अन्धो मत्स्यानिवाश्नाति स नरः कण्टकैः सह । यो भाषतेऽर्थवैकल्यमप्रत्यक्षं सभां गतः ॥ ८.९५॥
andho matsyānivāśnāti sa naraḥ kaṇṭakaiḥ saha . yo bhāṣate'rthavaikalyamapratyakṣaṃ sabhāṃ gataḥ .. 8.95..
8.95. ’That man who in a court (of justice) gives an untrue account of a transaction (or asserts a fact) of which he was not an eye-witness, resembles a blind man who swallows fish with the bones.
8.98. ’He kills five by false Testimony regarding (small) cattle, he kills ten by false testimony regarding kine, he
kills a hundred by false evidence concerning horses, and a thousand by false evidence concerning men.
8.99. ’By speaking falsely in a cause regarding gold, he kills the born and the unborn; by false evidence concerning land, he kills everything; beware, therefore, of false evidence concerning land.
अप्सु भूमिवदित्याहुः स्त्रीणां भोगे च मैथुने । अब्जेषु चैव रत्नेषु सर्वेष्वश्ममयेषु च ॥ ८.१००॥
apsu bhūmivadityāhuḥ strīṇāṃ bhoge ca maithune . abjeṣu caiva ratneṣu sarveṣvaśmamayeṣu ca .. 8.100..
8.100. ’They declare (false evidence) concerning water, concerning the carnal enjoyment of women, and concerning all gems, produced in water, or consisting of stones (to be) equally (wicked) as a lie concerning land.
tadvadan dharmato'rtheṣu jānannapyanythā naraḥ . na svargāccyavate lokāddaivīṃ vācaṃ vadanti tām .. 8.103..
8.103. In (some) cases a man who, though knowing (the facts to be) different, gives such (false evidence) from
a pious motive, does not lose heaven; such (evidence) they call the speech of the gods.
śūdraviṭkṣatraviprāṇāṃ yatraṛtoktau bhavedvadhaḥ . tatra vaktavyamanṛtaṃ tadhi satyādviśiṣyate .. 8.104..
8.104. Whenever the death of a Sudra, of a Vaisya, of a Kshatriya, or of a Brahmana would be (caused) by a declaration of the truth, a falsehood may be spoken; for such (falsehood) is preferable to the truth.
8.105. Such (witnesses) must offer to Sarasvati oblations of boiled rice (karu) which are sacred to the goddess of speech, (thus) performing the best penance in order to expiate the guilt of that falsehood.
8.106. Or such (a witness) may offer according to the rule, clarified butter in the fire, reciting the Kushmanda texts, or the Rik, sacred to Varuna, ’Untie, O Varuna, the uppermost fetter,’ or the three verses addressed to the
Waters.
8.107. A man who, without being ill, does not give evidence in (cases of) loans and the like within three fortnights (after the summons), shall become responsible for the whole debt and (pay) a tenth part of the whole (as a fine to the king).
8.108. The witness to whom, within seven days after he has given evidence, happens (a misfortune through) sickness, a fire, or the death of a relative, shall be made to pay the debt and a fine.
8.109. If two (parties) dispute about matters for which no witnesses are available, and the (judge) is unable to really ascertain the truth, he may cause it to be discovered even by an oath.
8.110. Both by the great sages and the gods oaths have been taken for the purpose of (deciding doubtful) matters; and Vasishtha even swore an oath before king (Sudas), the son of Pigavana.
8.112. No crime, causing loss of caste, is committed by swearing (falsely) to women, the objects of one’s desire, at marriages, for the sake of fodder for a cow, or of fuel, and in (order to show) favour to a Brahmana.
8.113. Let the (judge) cause a Brahmana to swear by his veracity, a Kshatriya by his chariot or the animal he rides on and by his weapons, a Vaisya by his kine, grain, and gold, and a Sudra by (imprecating on his own head the guilt) of all grievous offences (pataka).
यमिद्धो न दहत्यग्निरापो नोन्मज्जयन्ति च । न चार्तिं ऋच्छति क्षिप्रं स ज्ञेयः शपथे शुचिः ॥ ८.११५॥
yamiddho na dahatyagnirāpo nonmajjayanti ca . na cārtiṃ ṛcchati kṣipraṃ sa jñeyaḥ śapathe śuciḥ .. 8.115..
8.115. He whom the blazing fire burns not, whom the water forces not to come (quickly) up, who meets with no speedy misfortune, must be held innocent on (the strength of) his oath.
8.116. For formerly when Vatsa was accused by his younger brother, the fire, the spy of the world, burned not even a hair (of his) by reason of his veracity.
8.117. Whenever false evidence has been given in any suit, let the (judge) reverse the judgment, and whatever has been done must be (considered as) undone.
8.120. (He who commits perjury) through covetousness shall be fined one thousand (panas), (he who does it) through distraction, in the lowest amercement; (if a man does it) through fear, two middling amercements shall
be paid as a fine, (if he does it) through friendship, four times the amount of the lowest (amercement).
8.121. (He who does it) through lust, (shall pay) ten times the lowest amercement, but (he who does it) through wrath, three times the next (or second amercement); (he who does it) through ignorance, two full hundreds, but
(he who does it) through childishness, one hundred (panas).
एतानाहुः कौटसाक्ष्ये प्रोक्तान् दण्डान् मनीषिभिः । धर्मस्याव्यभिचारार्थमधर्मनियमाय च ॥ ८.१२२॥
etānāhuḥ kauṭasākṣye proktān daṇḍān manīṣibhiḥ . dharmasyāvyabhicārārthamadharmaniyamāya ca .. 8.122..
8.122. They declare that the wise have prescribed these fines for perjury, in order to prevent a failure of justice,
and in order to restrain injustice.
kauṭasākṣyaṃ tu kurvāṇāṃstrīn varṇān dhārmiko nṛpaḥ . pravāsayeddaṇḍayitvā brāhmaṇaṃ tu vivāsayet .. 8.123..
8.123. But a just king shall fine and banish (men of) the three (lower) castes (varna) who have given false evidence, but a Brahmana he shall (only) banish.
8.124. Manu, the son of the Self-existent (Svayambhu), has named ten places on which punishment may be (made to fall) in the cases of the three (lower) castes (varna); but a Brahmana shall depart unhurt (from the country).
उपस्थमुदरं जिह्वा हस्तौ पादौ च पञ्चमम् । चक्षुर्नासा च कर्णौ च धनं देहस्तथैव च ॥ ८.१२५॥
upasthamudaraṃ jihvā hastau pādau ca pañcamam . cakṣurnāsā ca karṇau ca dhanaṃ dehastathaiva ca .. 8.125..
8.125. (These are) the organ, the belly, the tongue, the two hands, and fifthly the two feet, the eye, the nose, the
two ears, likewise the (whole) body.
8.126. Let the (king), having fully ascertained the motive, the time and place (of the offence), and having considered the ability (of the criminal to suffer) and the (nature of the) crime, cause punishment to fall on those who deserve it.
8.127. Unjust punishment destroys reputation among men, and fame (after death), and causes even in the next world the loss of heaven; let him, therefore, beware of (inflicting) it.
8.128. A king who punishes those who do not deserve it, and punishes not those who deserve it, brings great infamy on himself and (after death) sinks into hell.
8.131. Those technical names of (certain quantities of) copper, silver, and gold, which are generally used on earth for the purpose of business transactions among men, I will fully declare.
8.132. The very small mote which is seen when the sun shines through a lattice, they declare (to be) the least of (all) quantities and (to be called) a trasarenu (a floating particle of dust).
8.133. Know (that) eight trasarenus (are equal) in bulk (to) a liksha (the egg of a louse), three of those to one grain of black mustard (ragasarshapa), and three of the latter to a white mustard-seed.
8.134. Six grains of white mustard are one middle-sized barley-corn, and three barley-corns one krishnala (raktika, or gunga-berry); five krishnalas are one masha (bean), and sixteen of those one suvarna.
8.138. Two hundred and fifty panas are declared (to be) the first (or lowest) amercement, five (hundred) are considered as the mean (or middlemost), but one thousand as the highest.
8.139. A debt being admitted as due, (the defendant) shall pay five in the hundred (as a fine), if it be denied (and proved) twice as much; that is the teaching of Manu.
8.140. A money-lender may stipulate as an increase of his capital, for the interest, allowed by Vasishtha, and take monthly the eightieth part of a hundred.
द्विकं शतं वा गृह्णीयात्सतां धर्ममनुस्मरन् । द्विकं शतं हि गृह्णानो न भवत्यर्थकिल्बिषी ॥ ८.१४१॥
dvikaṃ śataṃ vā gṛhṇīyātsatāṃ dharmamanusmaran . dvikaṃ śataṃ hi gṛhṇāno na bhavatyarthakilbiṣī .. 8.141..
8.141. Or, remembering the duty of good men, he may take two in the hundred (by the month), for he who takes two in the hundred becomes not a sinner for gain.
न त्वेवाधौ सोपकारे कौसीदीं वृद्धिमाप्नुयात् । न चाधेः कालसंरोधात्निसर्गोऽस्ति न विक्रयः ॥ ८.१४३॥
na tvevādhau sopakāre kausīdīṃ vṛddhimāpnuyāt . na cādheḥ kālasaṃrodhātnisargo'sti na vikrayaḥ .. 8.143..
8.143. But if a beneficial pledge (i.e. one from which profit accrues, has been given), he shall receive no interest on the loan; nor can he, after keeping (such) a pledge for a very long time, give or sell it.
न भोक्तव्यो बलादाधिर्भुञ्जानो वृद्धिमुत्सृजेत् । मूल्येन तोषयेच्चैनमाधिस्तेनोऽन्यथा भवेत् ॥ ८.१४४॥
na bhoktavyo balādādhirbhuñjāno vṛddhimutsṛjet . mūlyena toṣayeccainamādhisteno'nyathā bhavet .. 8.144..
8.144. A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he
8.147. (But in general) whatever (chattel) an owner sees enjoyed by others during ten years, while, though present, he says nothing, that (chattel) he shall not recover.
आधिः सीमा बालधनं निक्षेपौपनिधी स्त्रियः । राजस्वं श्रोत्रियस्वं च न भोगेन प्रणश्यति ॥ ८.१४९॥
ādhiḥ sīmā bāladhanaṃ nikṣepaupanidhī striyaḥ . rājasvaṃ śrotriyasvaṃ ca na bhogena praṇaśyati .. 8.149..
8.148. If (the owner is) neither an idiot nor a minor and if (his chattel) is enjoyed (by another) before his eyes, it is lost to him by law; the adverse possessor shall retain that property.
8.149. A pledge, a boundary, the property of infants, an (open) deposit, a sealed deposit, women, the property of the king and the wealth of a Srotriya are not lost in consequence of (adverse) enjoyment.
नातिसांवत्सरीं वृद्धिं न चादृष्टां पुनर्हरेत् । चक्रवृद्धिः कालवृद्धिः कारिता कायिका च या ॥ ८.१५३॥
nātisāṃvatsarīṃ vṛddhiṃ na cādṛṣṭāṃ punarharet . cakravṛddhiḥ kālavṛddhiḥ kāritā kāyikā ca yā .. 8.153..
8.151. In money transactions interest paid at one time (not by instalments) shall never exceed the double (of the principal); on grain, fruit, wool or hair, (and) beasts of burden it must not be more than five times (the original amount).
8.152. Stipulated interest beyond the legal rate, being against (the law), cannot be recovered; they call that a usurious way (of lending); (the lender) is (in no case) entitled to (more than) five in the hundred.
8.153. Let him not take interest beyond the year, nor such as is unapproved, nor compound interest, periodical interest, stipulated interest, and corporal interest.8.154. He who, unable to pay a debt (at the fixed time), wishes to make a new contract, may renew the agreement, after paying the interest which is due.
samudrayānakuśalā deśakālārthadarśinaḥ . sthāpayanti tu yāṃ vṛddhiṃ sā tatrādhigamaṃ prati .. 8.157..
8.156. He who has made a contract to carry goods by a wheeled carriage for money and has agreed to a certain place or time, shall not reap that reward, if he does not keep to the place and the time (stipulated).8.157. Whatever rate men fix, who are expert in sea-voyages and able to calculate (the profit) according to the place, the time, and the objects (carried), that (has legal force) in such cases with respect to the payment (to be made).
यो यस्य प्रतिभूस्तिष्ठेद्दर्शनायैह मानवः । अदर्शयन् स तं तस्य प्रयच्छेत्स्वधनादृणम् ॥ ८.१५८॥
yo yasya pratibhūstiṣṭheddarśanāyaiha mānavaḥ . adarśayan sa taṃ tasya prayacchetsvadhanādṛṇam .. 8.158..
8.158. The man who becomes a surety in this (world) for the appearance of a (debtor), and produces him not, shall pay the debt out of his own property.
प्रातिभाव्यं वृथादानमाक्षिकं सौरिकां च यत् । दण्डशुल्कावशेषं च न पुत्रो दातुमर्हति ॥ ८.१५९॥
prātibhāvyaṃ vṛthādānamākṣikaṃ saurikāṃ ca yat . daṇḍaśulkāvaśeṣaṃ ca na putro dātumarhati .. 8.159..
8.159. But money due by a surety, or idly promised, or lost at play, or due for spirituous liquor, or what remains unpaid of a fine and a tax or duty, the son (of the party owing it) shall not be obliged to pay.
8.160. This just mentioned rule shall apply to the case of a surety for appearance (only); if a surety for payment should die, the (judge) may compel even his heirs to discharge the debt.
8.161. On what account then is it that after the death of a surety other than for payment, whose affairs are fully known, the creditor may (in some cases) afterwards demand the debt (of the heirs)?
8.162. If the surety had received money (from him for whom he stood bail) and had money enough (to pay), then (the heir of him) who received it, shall pay (the debt) out of his property; that is the settled rule.
मत्तोन्मत्तार्ताध्यधीनैर्बालेन स्थविरेण वा । असम्बद्धकृतश्चैव व्यवहारो न सिध्यति ॥ ८.१६३॥
mattonmattārtādhyadhīnairbālena sthavireṇa vā . asambaddhakṛtaścaiva vyavahāro na sidhyati .. 8.163..
8.163. A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorised (party) is invalid.
8.164. That agreement which has been made contrary to the law or to the settled usage (of the virtuous), can have no legal force, though it be established (by proofs).
8.165. A fraudulent mortgage or sale, a fraudulent gift or acceptance, and (any transaction) where he detects fraud, the (judge) shall declare null and void.
8.166. If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided.
8.167. Should even a person wholly dependent make a contract for the behoof of the family, the master (of the house), whether (living) in his own country or abroad, shall not rescind it.
8.168. What is given by force, what is enjoyed by force, also what has been caused to be written by force, and all other transactions done by force, Manu has declared void.
8.169. Three suffer for the sake of others, witnesses, a surety, and judges; but four enrich themselves (through others), a Brahmana, a money-lender, a merchant, and a king.
8.170. No king, however indigent, shall take anything that ought not to be taken, nor shall he, however wealthy, decline taking that which he ought to take, be it ever so small.
अनादेयस्य चादानादादेयस्य च वर्जनात् । दौर्बल्यं ख्याप्यते राज्ञः स प्रेत्यैह च नश्यति ॥ ८.१७१॥
anādeyasya cādānādādeyasya ca varjanāt . daurbalyaṃ khyāpyate rājñaḥ sa pretyaiha ca naśyati .. 8.171..
8.171. In consequence of his taking what ought not to be taken, or of his refusing what ought to be received, a king will be accused of weakness and perish in this (world) and after death.
स्वादानाद्वर्णसंसर्गात्त्वबलानां च रक्षणात् । बलं सञ्जायते राज्ञः स प्रेत्यैह च वर्धते ॥ ८.१७२॥
svādānādvarṇasaṃsargāttvabalānāṃ ca rakṣaṇāt . balaṃ sañjāyate rājñaḥ sa pretyaiha ca vardhate .. 8.172..
8.172. By taking his due, by preventing the confusion of the castes (varna), and by protecting the weak, the power of the king grows, and he prospers in this (world) and after death.
8.173. Let the prince, therefore, like Yama, not heeding his own likings and dislikings, behave exactly like Yama, suppressing his anger and controlling himself.
8.175. If, subduing love and hatred, he decides the causes according to the law, (the hearts of) his subjects turn towards him as the rivers (run) towards the ocean.
यः साधयन्तं छन्देन वेदयेद्धनिकं नृपे । स राज्ञा तत्चतुर्भागं दाप्यस्तस्य च तद्धनम् ॥ ८.१७६॥
yaḥ sādhayantaṃ chandena vedayeddhanikaṃ nṛpe . sa rājñā tatcaturbhāgaṃ dāpyastasya ca taddhanam .. 8.176..
8.176. (The debtor) who complains to the king that his creditor recovers (the debt) independently (of the court), shall be compelled by the king to pay (as a fine) one quarter (of the sum) and to his (creditor) the money(due).
8.177. Even by (personal) labour shall the debtor make good (what he owes) to his creditor, if he be of the same caste or of a lower one; but a (debtor) of a higher caste shall pay it gradually (when he earns something).
8.178. According to these rules let the king equitably decide between men, who dispute with each other the matters, which are proved by witnesses and (other) evidence.
8.179. A se nsible man should make a deposit (only) with a person of (good) family, of good conduct, well acquainted with the law, veracious, having many relatives, wealthy, and honourable (arya).
यो यथा निक्षिपेद्धस्ते यमर्थं यस्य मानवः । स तथैव ग्रहीतव्यो यथा दायस्तथा ग्रहः ॥ ८.१८०॥
yo yathā nikṣipeddhaste yamarthaṃ yasya mānavaḥ . sa tathaiva grahītavyo yathā dāyastathā grahaḥ .. 8.180..
8.180. In whatever manner a person shall deposit anything in the hands of another, in the same manner ought the same thing to be received back (by the owner); as the delivery (was, so must be) the re-delivery.
8.182. On failure of witnesses let the (judge) actually deposit gold with that (defendant) under some pretext or other through spies of suitable age and appearance (and afterwards demand it back).
स यदि प्रतिपद्येत यथान्यस्तं यथाकृतम् । न तत्र विद्यते किं चिद्यत्परैरभियुज्यते ॥ ८.१८३॥
sa yadi pratipadyeta yathānyastaṃ yathākṛtam . na tatra vidyate kiṃ cidyatparairabhiyujyate .. 8.183..
8.183. If the (defendant) restores it in the manner and shape in which it was bailed, there is nothing (of that description) in his hands, for which others accuse him.
teṣāṃ na dadyādyadi tu tadhiraṇyaṃ yathāvidhi . ubhau nigṛhya dāpyaḥ syāditi dharmasya dhāraṇā .. 8.184..
8.184. But if he restores not that gold, as be ought, to those (spies), then he shall be compelled by force to restore both (deposits); that is a settled rule of law.
8.185. An open or a sealed deposit must never be returned to a near relative (of the depositor during the latter’s lifetime); for if (the recipient) dies (without delivering them), they are lost, but if he does not die, they are not lost.
स्वयमेव तु यौ दद्यान् मृतस्य प्रत्यनन्तरे । न स राज्ञाऽभियोक्तव्यो न निक्षेप्तुश्च बन्धुभिः ॥ ८.१८६॥
svayameva tu yau dadyān mṛtasya pratyanantare . na sa rājñā'bhiyoktavyo na nikṣeptuśca bandhubhiḥ .. 8.186..
8.186. But (a depositary) who of his own accord returns them to a near relative of a deceased (depositor), must not be harassed (about them) by the king or by the depositor’s relatives.
8.187. And (in doubtful cases) he should try to obtain that object by friendly means, without (having recourse to) artifice, or having inquired into (depositary’s) conduct, he should settle (the matter) with gentle means.
8.188. Such is the rule for obtaining back all those open deposits; in the case of a sealed deposit (the depositary) shall incur no (censure), unless he has taken out something.
चौरैर्हृतं जलेनोढमग्निना दग्धमेव वा । न दद्याद्यदि तस्मात्स न संहरति किं चन ॥ ८.१८९॥
caurairhṛtaṃ jalenoḍhamagninā dagdhameva vā . na dadyādyadi tasmātsa na saṃharati kiṃ cana .. 8.189..
8.189. (A deposit) which has been stolen by thieves or washed away by water or burned by fire, (the bailee) shall not make it good, unless he took part of it (for himself).
निक्षेपस्यापहर्तारमनिक्षेप्तारमेव च । सर्वैरुपायैरन्विच्छेत्शपथैश्चैव वैदिकैः ॥ ८.१९०॥
nikṣepasyāpahartāramanikṣeptārameva ca . sarvairupāyairanvicchetśapathaiścaiva vaidikaiḥ .. 8.190..
8.190. Him who appropriates a deposit and him (who asks for it) without having made it, (the judge) shall try by all (sorts of) means, and by the oaths prescribed in the Veda.
8.191. He who does not return a deposit and he who demands what he never bailed shall both be punished like thieves, or be compelled to pay a fine equal (to the value of the object retained or claimed).
8.192. The king should compel him who does not restore an open deposit, and in like manner him who retains a sealed deposit, to pay a fine equal (to its value).
8.193. That man who by false pretences may possess himself of another’s property, shall be publicly punished by various (modes of) corporal (or capital) chastisement, together with his accomplices.
8.194. If a deposit of a particular description or quantity is bailed by anybody in the presence of a number (of witnesses), it must be known to be of that particular (description and quantity; the depositary) who makes a false statement (regarding it) is liable to a fine.
vikrīṇīte parasya svaṃ yo'svāmī svāmyasaṃmataḥ . na taṃ nayeta sākṣyaṃ tu stenamastenamāninam .. 8.197..
8.197. If anybody sells the property of another man, without being the owner and without the assent of the owner, the (judge) shall not admit him who is a thief, though he may not consider himself as a thief, as a witness (in any case).
8.198. If the (offender) is a kinsman (of the owner), he shall be fined six hundred panas; if he is not a kinsman, nor has any excuse, he shall be guilty of theft.
सम्भोगो दृश्यते यत्र न दृश्येतागमः क्व चित् । आगमः कारणं तत्र न सम्भोग इति स्थितिः ॥ ८.२००॥
sambhogo dṛśyate yatra na dṛśyetāgamaḥ kva cit . āgamaḥ kāraṇaṃ tatra na sambhoga iti sthitiḥ .. 8.200..
8.200. Where possession is evident, but no title is perceived, there the title (shall be) a proof (of ownership), not possession; such is the settled rule.
8.202. If the original (seller) be not producible, (the buyer) being exculpated by a public sale, must be dismissed by the king without punishment, but (the former owner) who lost the chattel shall receive it (back from the buyer).
नान्यदन्येन संसृष्टरूपं विक्रयमर्हति । न चासारं न च न्यूनं न दूरेण तिरोहितम् ॥ ८.२०३॥
nānyadanyena saṃsṛṣṭarūpaṃ vikrayamarhati . na cāsāraṃ na ca nyūnaṃ na dūreṇa tirohitam .. 8.203..
8.203. One commodity mixed with another must not be sold (as pure), nor a bad one (as good), nor less (than the proper quantity or weight), nor anything that is not at hand or that is concealed.
नोन्मत्ताया न कुष्ठिन्या न च या स्पृष्टमैथुना । पूर्वं दोषानभिख्याप्य प्रदाता दण्डमर्हति ॥ ८.२०५॥
nonmattāyā na kuṣṭhinyā na ca yā spṛṣṭamaithunā . pūrvaṃ doṣānabhikhyāpya pradātā daṇḍamarhati .. 8.205..
8.205. He who gives (a damsel in marriage), having first openly declared her blemishes, whether she be insane, or afflicted with leprosy, or have lost her virginity, is not liable to punishment.
8.206. If an officiating priest, chosen to perform a sacrifice, abandons his work, a share only (of the fee) in proportion to the work (done) shall be given to him by those who work with him.
दक्षिणासु च दत्तासु स्वकर्म परिहापयन् । कृत्स्नमेव लभेतांशमन्येनैव च कारयेत् ॥ ८.२०७॥
dakṣiṇāsu ca dattāsu svakarma parihāpayan . kṛtsnameva labhetāṃśamanyenaiva ca kārayet .. 8.207..
8.207. But he who abandons his work after the sacrificial fees have been given, shall obtain his full share and cause to be performed (what remains) by another (priest).
यस्मिन् कर्मणि यास्तु स्युरुक्ताः प्रत्यङ्गदक्षिणाः । स एव ता आददीत भजेरन् सर्व एव वा ॥ ८.२०८॥
yasmin karmaṇi yāstu syuruktāḥ pratyaṅgadakṣiṇāḥ . sa eva tā ādadīta bhajeran sarva eva vā .. 8.208..
8.208. But if (specific) fees are ordained for the several parts of a rite, shall he (who performs the part) receive them, or shall they all share them?
8.209. The Adhvaryu priest shall take the chariot, and the Brahman at the kindling of the fires (Agnyadhana) a horse, the Hotri priest shall also take a horse, and the Udgatri the cart, (used) when (the Soma) is purchased.
8.210. The (four) chief priests among all (the sixteen), who are entitled to one half, shall receive a moiety (of the fee), the next (four) one half of that, the set entitled to a third share, one third, and those entitled to a fourth a quarter.
8.212. Should money be given (or promised) for a pious purpose by one man to another who asks for it, the gift shall be void, if the (money is) afterwards not (used) in the manner (stated).
8.213. But if the (recipient) through pride or greed tries to enforce (the fulfilment of the promise), he shall be compelled by the king to pay one suvarna as an expiation for his theft.
भृतो नार्तो न कुर्याद्यो दर्पात्कर्म यथोदितम् । अनार्तो स दण्ड्यः कृष्णलान्यष्टौ न देयं चास्य वेतनम् ॥ ८.२१५॥
bhṛto nārto na kuryādyo darpātkarma yathoditam . anārto sa daṇḍyaḥ kṛṣṇalānyaṣṭau na deyaṃ cāsya vetanam .. 8.215..
8.215. A hired (servant or workman) who, without being ill, out of pride fails to perform his work according to the agreement, shall be fined eight krishnalas and no wages shall be paid to him.
आर्तस्तु कुर्यात्स्वस्थः सन् यथाभाषितमादितः । स दीर्घस्यापि कालस्य तत्लभेतेव वेतनम् ॥ ८.२१६॥
ārtastu kuryātsvasthaḥ san yathābhāṣitamāditaḥ . sa dīrghasyāpi kālasya tatlabheteva vetanam .. 8.216..
8.216. But (if he is really) ill, (and) after recovery performs (his work) according to the original agreement, he shall receive his wages even after (the lapse of) a very long time.
यथोक्तमार्तः सुस्थो वा यस्तत्कर्म न कारयेत् । न तस्य वेतनं देयमल्पोनस्यापि कर्मणः ॥ ८.२१७॥
yathoktamārtaḥ sustho vā yastatkarma na kārayet . na tasya vetanaṃ deyamalponasyāpi karmaṇaḥ .. 8.217..
8.217. But if he, whether sick or well, does not (perform or) cause to be performed (by others) his work according to his agreement, the wages for that work shall not be given to him, even (if it be only) slightly incomplete.
8.219. If a man belonging to a corporation inhabiting a village or a district, after swearing to an agreement, breaks it through avarice, (the king) shall banish him from his realm,
निगृह्य दापयेच्चैनं समयव्यभिचारिणम् । चतुःसुवर्णान् षण्निष्कांश्शतमानं च राजकम् ॥ ८.२२०॥
nigṛhya dāpayeccainaṃ samayavyabhicāriṇam . catuḥsuvarṇān ṣaṇniṣkāṃśśatamānaṃ ca rājakam .. 8.220..
8.220. And having imprisoned such a breaker of an agreement, he shall compel him to pay six nishkas, (each of) four suvarnas, and one satamana of silver.
8.222. If anybody in this (world), after buying or selling anything, repent (of his bargain), he may return or take (back) that chattel within ten days.
pareṇa tu daśāhasya na dadyānnāpi dāpayet . ādadāno dadatcaiva rājñā daṇḍyau śatāni ṣaṭ .. 8.223..
8.223. But after (the lapse of) ten days he may neither give nor cause it to be given (back); both he who takes it (back) and he who gives it (back, except by consent) shall be fined by the king six hundred (panas).
8.224. But the king himself shall impose a fine of ninety-six panas on him who gives a blemished damsel (to a suitor) without informing (him of the blemish).
pāṇigrahaṇikā mantrāḥ kanyāsveva pratiṣṭhitāḥ . nākanyāsu kva cinnṝṇāṃ luptadharmakriyā hi tāḥ .. 8.226..
8.226. The nuptial texts are applied solely to virgins, (and) nowhere among men to females who have lost their virginity, for such (females) are excluded from religious ceremonies.
8.227. The nuptial texts are a certain proof (that a maiden has been made a lawful) wife; but the learned should know that they (and the marriage ceremony are complete with the seventh step (of the bride around the sacred fire).
8.228. If anybody in this (world) repent of any completed transaction, (the king) shall keep him on the road of rectitude in accordance with the rules given above.
8.229. I will fully declare in accordance with the true law (the rules concerning) the disputes, (arising) from the transgressions of owners of cattle and of herdsmen.
8.230. During the day the responsibility for the safety (of the cattle rests) on the herdsman, during the night on the owner, (provided they are) in his house; (if it be) otherwise, the herdsman will be responsible (for them also during the night).
8.231. A hired herdsman who is paid with milk, may milk with the consent of the owner the best (cow) out of ten; such shall be his hire if no (other) wages (are paid).
naṣṭaṃ vinaṣṭaṃ kṛmibhiḥ śvahataṃ viṣame mṛtam . hīnaṃ puruṣakāreṇa pradadyātpāla eva tu .. 8.232..
8.232. The herdsman alone shall make good (the loss of a beast) strayed, destroyed by worms, killed by dogs or (by falling) into a pit, if he did not duly exert himself (to prevent it).
विघुष्य तु हृतं चौरैर्न पालो दातुमर्हति । यदि देशे च काले च स्वामिनः स्वस्य शंसति ॥ ८.२३३॥
vighuṣya tu hṛtaṃ caurairna pālo dātumarhati . yadi deśe ca kāle ca svāminaḥ svasya śaṃsati .. 8.233..
8.233. But for (an animal) stolen by thieves, though he raised an alarm, the herdsman shall not pay, provided he gives notice to his master at the proper place and time.
कर्णौ चर्म च वालांश्च बस्तिं स्नायुं च रोचनाम् । पशुषु स्वामिनां दद्यान् मृतेष्व अङ्कांश्च दर्शयेत् ॥ ८.२३४॥
karṇau carma ca vālāṃśca bastiṃ snāyuṃ ca rocanām . paśuṣu svāmināṃ dadyān mṛteṣva aṅkāṃśca darśayet .. 8.234..
8.234. If cattle die, let him carry to his master their ears, skin, tails, bladders, tendons, and the yellow concrete bile, and let him point out their particular. marks.
8.235. But if goats or sheep are surrounded by wolves and the herdsman does not hasten (to their assistance), lie shall be responsible for any (animal) which a wolf may attack and kill.
8.236. But if they, kept in (proper) order, graze together in the forest, and a wolf, suddenly jumping on one of them, kills it, the herdsman shall bear in that case no responsibility.
8.237. On all sides of a village a space, one hundred dhanus or three samya-throws (in breadth), shall be reserved (for pasture), and thrice (that space) round a town.
वृतिं तत्र प्रकुर्वीत यामुष्त्रो न विलोकयेत् । छिद्रं च वारयेत्सर्वं श्वसूकरमुखानुगम् ॥ ८.२३९॥
vṛtiṃ tatra prakurvīta yāmuṣtro na vilokayet . chidraṃ ca vārayetsarvaṃ śvasūkaramukhānugam .. 8.239..
8.239. (The owner of the field) shall make there a hedge over which a camel cannot look, and stop every gap through which a dog or a boar can thrust his head.
8.240. (If cattle do mischief) in an enclosed field near a highway or near a village, the herdsman shall be fined one hundred (panas); (but cattle), unattended by a herdsman, (the watchman in the field) shall drive away.
kṣetreṣvanyeṣu tu paśuḥ sapādaṃ paṇamarhati . sarvatra tu sado deyaḥ kṣetrikasyaiti dhāraṇā .. 8.241..
8.241. (For damage) in other fields (each head of) cattle shall (pay a fine of one (pana) and a quarter, and in all (cases the value of) the crop (destroyed) shall be made good to the owner of the field; that is the settled rule.
8.242. But Manu has declared that no fine shall be paid for (damage done by) a cow within ten days after her calving, by bulls and by cattle sacred to the gods, whether they are attended by a herdsman or not.
kṣetrikasyātyaye daṇḍo bhāgāddaśaguṇo bhavet . tato'rdhadaṇḍo bhṛtyānāmajñānātkṣetrikasya tu .. 8.243..
8.243. If (the crops are destroyed by) the husbandman’s (own) fault, the fine shall amount to ten times as much as (the king’s) share; but the fine (shall be) only half that amount if (the fault lay) with the servants and the farmer had no knowledge of it.
8.245. If a dispute has arisen between two villages concerning a boundary, the king shall settle the limits in the month of Gyaishtha, when the landmarks are most distinctly visible.
गुल्मान् वेणूंश्च विविधान् शमीवल्लीस्थलानि च । शरान् कुब्जकगुल्मांश्च तथा सीमा न नश्यति ॥ ८.२४७॥
gulmān veṇūṃśca vividhān śamīvallīsthalāni ca . śarān kubjakagulmāṃśca tathā sīmā na naśyati .. 8.247..
8.247. By clustering shrubs, bamboos of different kinds, Samis, creepers and raised mounds, reeds, thickets of Kubgaka; thus the boundary will not be forgotten.
8.249. And as he will see that through men’s ignorance of the boundaries trespasses constantly occur in the world, let him cause to be made other hidden marks for boundaries,
8.251. And whatever other things of a similar kind the earth does not corrode even after a long time, those he should cause to be buried where one boundary joins (the other).
एतैर्लिङ्गैर्नयेत्सीमां राजा विवदमानयोः । पूर्वभुक्त्या च सततमुदकस्यागमेन च ॥ ८.२५२॥
etairliṅgairnayetsīmāṃ rājā vivadamānayoḥ . pūrvabhuktyā ca satatamudakasyāgamena ca .. 8.252..
8.252. By these signs, by long continued possession, and by constantly flowing streams of water the king shall ascertain the boundary (of the land) of two disputing parties.
8.254. The witnesses, (giving evidence) regarding a boundary, shall be examined concerning the landmarks in the presence of the crowd of the villagers and also of the two litigants.
8.256. Let them, putting earth on their heads, wearing chaplets (of red flowers) and red dresses, being sworn each by (the rewards for) his meritorious deeds, settle (the boundary) in accordance with the truth.
8.257. If they determine (the boundary) in the manner stated, they are guiltless (being) veracious witnesses; but if they determine it unjustly, they shall be compelled to pay a fine of two hundred (panas).
8.258. On failure of witnesses (from the two villages, men of) the four neighbouring villages, who are pure, shall make (as witnesses) a decision concerning the boundary in the presence of the king.
8.259. On failure of neighbours (who are) original inhabitants (of the country and can be) witnesses with respect to the boundary, (the king) may hear the evidence even of the following inhabitants of the forest.
8.261. As they, being examined, declare the marks for the meeting of the boundaries (to be), even so the king shall justly cause them to be fixed between the two villages.
8.263. Should the neighbours give false evidence, when men dispute about a boundary-mark, the king shall make each of them pay the middlemost amercement as a fine.
8.264. He who by intimidation possesses himself of a house, a tank, a garden, or a field, shall be fined five hundred (panas); (if he trespassed) through ignorance, the fine (shall be) two hundred (panas).
8.265. If the boundary cannot be ascertained (by any evidence), let a righteous king with (the intention of) benefiting them (all), himself assign (his) land (to each); that is the settled rule.
8.267. A Kshatriya, having defamed a Brahmana, shall be fined one hundred (panas); a Vaisya one hundred and fifty or two hundred; a Sudra shall suffer corporal punishment.
8.268. A Brahmana shall be fined fifty (panas) for defaming a Kshatriya; in (the case of) a Vaisya the fine shall be twenty-five (panas); in (the case of) a Sudra twelve.
8.269. For offences of twice-born men against those of equal caste (varna, the fine shall be) also twelve (panas); for speeches which ought not to be uttered, that (and every fine shall be) double.
8.271. If he mentions the names and castes (gati) of the (twice-born) with contumely, an iron nail, ten fingers long, shall be thrust red-hot into his mouth.
श्रुतं देशं च जातिं च कर्म शरीरमेव च । वितथेन ब्रुवन् दर्पाद्दाप्यः स्याद्द्विशतं दमम् ॥ ८.२७३॥
śrutaṃ deśaṃ ca jātiṃ ca karma śarīrameva ca . vitathena bruvan darpāddāpyaḥ syāddviśataṃ damam .. 8.273..
8.273. He who through arrogance makes false statements regarding the learning (of a caste-fellow), his country, his caste (gati), or the rites by which his body was sanctified, shall be compelled to pay a fine of two hundred (panas).
8.274. He who even in accordance with the true facts (contemptuously) calls another man one-eyed, lame, or the like (names), shall be fined at least one karshapana.
8.275. He who defames his mother, his father, his wife, his brother, his son, or his teacher, and he who gives not the way to his preceptor, shall be compelled to pay one hundred (panas).
8.276. (For mutual abuse) by a Brahmana and a Kshatriya a fine must be imposed by a discerning (king), on the Brahmana the lowest amercement, but on the Kshatriya the middlemost.
8.277. A Vaisya and a Sudra must be punished exactly in the same manner according to their respective castes, but the tongue (of the Sudra) shall not be cut out; that is the decision.
8.278. Thus the rules for punishments (applicable to cases) of defamation have been truly declared; I will next propound the decision (of cases) of assault.
8.279. With whatever limb a man of a low caste does hurt to (a man of the three) highest (castes), even that limb shall be cut off; that is the teaching of Manu.
8.281. A low-caste man who tries to place himself on the same seat with a man of a high caste, shall be branded on his hip and be banished, or (the king) shall cause his buttock to be gashed.
8.282. If out of arrogance he spits (on a superior), the king shall cause both his lips to be cut off; if he urines (on him), the penis; if he breaks wind (against him), the anus.
केशेषु गृह्णतो हस्तौ छेदयेदविचारयन् । पादयोर्दाढिकायां च ग्रीवायां वृषणेषु च ॥ ८.२८३॥
keśeṣu gṛhṇato hastau chedayedavicārayan . pādayordāḍhikāyāṃ ca grīvāyāṃ vṛṣaṇeṣu ca .. 8.283..
8.283. If he lays hold of the hair (of a superior), let the (king) unhesitatingly cut off his hands, likewise (if he takes him) by the feet, the beard, the neck, or the scrotum.
tvagbhedakaḥ śataṃ daṇḍyo lohitasya ca darśakaḥ . māṃsabhettā tu ṣaṇniṣkān pravāsyastvasthibhedakaḥ .. 8.284..
8.284. He who breaks the skin (of an equal) or fetches blood (from him) shall be fined one hundred (panas), he who cuts a muscle six nishkas, he who breaks a bone shall be banished.
मनुष्याणां पशूनां च दुःखाय प्रहृते सति । यथा यथा महद्दुःखं दण्डं कुर्यात्तथा तथा ॥ ८.२८६॥
manuṣyāṇāṃ paśūnāṃ ca duḥkhāya prahṛte sati . yathā yathā mahadduḥkhaṃ daṇḍaṃ kuryāttathā tathā .. 8.286..
8.286. If a blow is struck against men or animals in order to (give them) pain, (the judge) shall inflict a fine in proportion to the amount of pain (caused).
अङ्गावपीडनायां च प्राणशोनितयोः । समुत्थानव्ययं दाप्यः सर्वदण्डमथापि वा ॥ ८.२८७॥
aṅgāvapīḍanāyāṃ ca prāṇaśonitayoḥ . samutthānavyayaṃ dāpyaḥ sarvadaṇḍamathāpi vā .. 8.287..
8.287. If a limb is injured, a wound (is caused), or blood (flows, the assailant) shall be made to pay (to the sufferer) the expenses of the cure, or the whole (both the usual amercement and the expenses of the cure as a) fine (to the king).
8.288. He who damages the goods of another, be it intentionally or unintentionally, shall give satisfaction to the (owner) and pay to the king a fine equal to the (damage).
चर्मचार्मिकभाण्डेषु काष्ठलोष्टमयेषु । मूल्यात्पञ्चगुणो दण्डः पुष्पमूलफलेषु च ॥ ८.२८९॥
carmacārmikabhāṇḍeṣu kāṣṭhaloṣṭamayeṣu . mūlyātpañcaguṇo daṇḍaḥ puṣpamūlaphaleṣu ca .. 8.289..
8.289. In the case of (damage done to) leather, or to utensils of leather, of wood, or of clay, the fine (shall be) five times their value; likewise in the case of (damage to) flowers, roots, and fruit.
yānasya caiva yātuśca yānasvāmina eva ca . daśātivartanānyāhuḥ śeṣe daṇḍo vidhīyate .. 8.290..
8.290. They declare with respect to a carriage, its driver and its owner, (that there are) ten cases in which no punishment (for damage done) can be inflicted; in other cases a fine is prescribed.
छेदने चैव यन्त्राणां योक्त्ररश्म्योस्तथैव च । आक्रन्दे चाप्यपैहीति न दण्डं मनुरब्रवीत् ॥ ८.२९२॥
chedane caiva yantrāṇāṃ yoktraraśmyostathaiva ca . ākrande cāpyapaihīti na daṇḍaṃ manurabravīt .. 8.292..
8.292. When the leather-thongs, the rope around the neck or the bridle are broken, and when (the driver) has loudly called out, ’Make way,’ Manu has declared (that in all these cases) no punishment (shall be inflicted).
8.294. If the driver is skilful (but negligent), he alone shall be fined; if the driver is unskilful, the occupants of the carriage (also) shall be each fined one hundred (panas).
8.295. But if he is stopped on his way by cattle or by (another) carriage, and he causes the death of any living being, a fine shall without doubt be imposed.
8.296. If a man is killed, his guilt will be at once the same as (that of) a thief; for large animals such as cows, elephants, camels or horses, half of that.
8.297. For injuring small cattle the fine (shall be) two hundred (panas); the fine for beautiful wild quadrupeds and birds shall amount to fifty (panas).
8.299. A wife, a son, a slave, a pupil, and a (younger) brother of the full blood, who have committed faults, may be beaten with a rope or a split bamboo,
अभयस्य हि यो दाता स पूज्यः सततं नृपः । सत्त्रं हि वर्धते तस्य सदैवाभयदक्षिणम् ॥ ८.३०३॥
abhayasya hi yo dātā sa pūjyaḥ satataṃ nṛpaḥ . sattraṃ hi vardhate tasya sadaivābhayadakṣiṇam .. 8.303..
8.303. That king, indeed, is ever worthy of honour who ensures the safety (of his subjects); for the sacrificial session (sattra, which he, as it were, performs thereby) ever grows in length, the safety (of his subjects representing) the sacrificial fee.
8.304. A king who (duly) protects (his subjects) receives from each and all the sixth part of their spiritual merit; if he does not protect them, the sixth part of their demerit also (will fall on him).
8.305. Whatever (merit a man gains by) reading the Veda, by sacrificing, by charitable gifts, (or by) worshipping (Gurus and gods), the king obtains a sixth part of that in consequence of his duly protecting (his kingdom).
8.306. A king who protects the created beings in accordance with the sacred law and smites those worthy of corporal punishment, daily offers (as it were) sacrifices at which hundred thousands (are given as) fees.
योऽरक्षन् बलिमादत्ते करं शुल्कं च पार्थिवः । प्रतिभागं च दण्डं च स सद्यो नरकं व्रजेत् ॥ ८.३०७॥
yo'rakṣan balimādatte karaṃ śulkaṃ ca pārthivaḥ . pratibhāgaṃ ca daṇḍaṃ ca sa sadyo narakaṃ vrajet .. 8.307..
8.307. A king who does not afford protection, (yet) takes his share in kind, his taxes, tolls and duties, daily presents and fines, will (after death) soon sink into hell.
8.308. They declare that a king who affords no protection, (yet) receives the sixth part of the produce, takes upon himself all the foulness of his whole people.
8.309. Know that a king who heeds not the rules (of the law), who is an atheist, and rapacious, who does not protect (his subjects, but) devours them, will sink low (after death).
अधार्मिकं त्रिभिर्न्यायैर्निगृह्णीयात्प्रयत्नतः । निरोधनेन बन्धेन विविधेन वधेन च ॥ ८.३१०॥
adhārmikaṃ tribhirnyāyairnigṛhṇīyātprayatnataḥ . nirodhanena bandhena vividhena vadhena ca .. 8.310..
8.310. Let him carefully restrain the wicked by three methods,- by imprisonment by putting them in fetters, and by various (kinds of) corporal punishments.
8.313. He who, being abused by men in pain, pardons (them), will in reward of that (act) be exalted in heaven; but he who, (proud) of his kingly state, forgives them not, will for that (reason) sink into hell.
8.316. Whether he be punished or pardoned, the thief is freed from the (guilt of) theft; but the king, if he punishes not, takes upon himself the guilt of the thief.
8.317. The killer of a learned Brahmana throws his guilt on him who eats his food, an adulterous wife on her (negligent) husband, a (sinning) pupil or sacrificer on (their negligent) teacher (or priest), a thief on the king (who pardons him).
8.319. He who steals the rope or the water-pot from a well, or damages a hut where water is distributed, shall pay one masha as a fine and restore the (article abstracted or damaged) in its (proper place).
8.320. On him who steals more than ten kumbhas of grain corporal punishment (shall be inflicted); in other cases he shall be fined eleven times as much, and shall pay to the (owner the value of his) property.
तथा धरिममेयानां शतादभ्यधिके वधः । सुवर्णरजतादीनामुत्तमानां च वाससाम् ॥ ८.३२१॥
tathā dharimameyānāṃ śatādabhyadhike vadhaḥ . suvarṇarajatādīnāmuttamānāṃ ca vāsasām .. 8.321..
8.321. So shall corporal punishment be inflicted for stealing more than a hundred (palas) of articles sold by the weight, (i.e.) of gold, silver, and so forth, and of most excellent clothes.
8.322. For (stealing) more than fifty (palas) it is enacted that the hands (of the offender) shall be cut off; but in other cases, let him inflict a fine of eleven times the value.
महापशूनां हरणे शस्त्राणामौषधस्य च । कालमासाद्य कार्यं च दण्डं राजा प्रकल्पयेत् ॥ ८.३२४॥
mahāpaśūnāṃ haraṇe śastrāṇāmauṣadhasya ca . kālamāsādya kāryaṃ ca daṇḍaṃ rājā prakalpayet .. 8.324..
8.324. For stealing large animals, weapons, or medicines, let the king fix a punishment, after considering the time and the purpose (for which they were destined).
8.325. For (stealing) cows belonging to Brahmanas, piercing (the nostrils of) a barren cow, and for stealing (other) cattle (belonging to Brahmanas, the offender) shall forthwith lose half his feet.
अन्येषां चैवमादीनामद्यानाम् । पक्वान्नानां च सर्वेषां तन्मुल्याद्द्विगुणो दमः ॥ ८.३२९॥
anyeṣāṃ caivamādīnāmadyānām . pakvānnānāṃ ca sarveṣāṃ tanmulyāddviguṇo damaḥ .. 8.329..
8.329. Or other things of a similar kind, spirituous liquor, boiled rice, and every kind of cooked food, the fine (shall be) twice the value (of the stolen article).
8.331. For husked grain, vegetables, roots, and fruit the fine (shall be) one hundred (panas) if there is no connexion (between the owner and the thief), fifty (panas) if such a connexion exists.
8.332. An offence (of this description), which is committed in the presence (of the owner) and with violence, will be robbery; if (it is committed) in his absence, it will be theft; likewise if (the possession of) anything is denied after it has been taken.
8.333. On that man who may steal (any of) the above-mentioned articles, when they are prepared for (use), let the king inflict the first (or lowest) amercement; likewise on him who may steal (a sacred) fire out of the room (in which it is kept).
8.334. With whatever limb a thief in any way commits (an offence) against men, even of that (the king) shall deprive him in order to prevent (a repetition of the crime)
8.335. Neither a father, nor a teacher, nor a friend, nor a mother, nor a wife, nor a son, nor a domestic priest must be left unpunished by a king, if they do not keep within their duty.
वानस्पत्यं मूलफलं दार्वग्न्यर्थं तथैव च । तृणं च गोभ्यो ग्रासार्थमस्तेयं मनुरब्रवीत् ॥ ८.३३९॥
vānaspatyaṃ mūlaphalaṃ dārvagnyarthaṃ tathaiva ca . tṛṇaṃ ca gobhyo grāsārthamasteyaṃ manurabravīt .. 8.339..
8.339. (The taking of) roots and of fruit from trees, of wood for a (sacrificial) fire, and of grass for feeding cows, Manu has declared (to be) no theft.
8.340. A Brahmana, seeking to obtain property from a man who took what was not given to him, either by sacrificing for him or by teaching him, is even like a thief.
dvijo'dhvagaḥ kṣīṇavṛttirdvāvikṣū dve ca mūlake . ādadānaḥ parakṣetrātna daṇḍaṃ dātumarhati .. 8.341..
8.341. A twice-born man, who is travelling and whose provisions are exhausted, shall not be fined, if he takes two stalks of sugar-cane or two (esculent) roots from the field of another man.
असंदितानां संदाता संदितानां च मोक्षकः । दासाश्वरथहर्ता च प्राप्तः स्याच्चोरकिल्बिषम् ॥ ८.३४२॥
asaṃditānāṃ saṃdātā saṃditānāṃ ca mokṣakaḥ . dāsāśvarathahartā ca prāptaḥ syāccorakilbiṣam .. 8.342..
8.342. He who ties up unbound or sets free tied up (cattle of other men), he who takes a slave, a horse, or a carriage will have incurred the guilt of a thief.
8.344. A king who desires to gain the throne of Indra and imperishable eternal fame, shall not, even for a moment, neglect (to punish) the man who commits violence.
8.345. He who commits violence must be considered as the worst offender, (more wicked) than a defamer, than a thief, and than he who injures (another) with a staff.
8.348. Twice-born men may take up arms when (they are) hindered (in the fulfilment of their duties, when destruction (threatens) the twice-born castes (varna) in (evil) times,
आत्मनश्च परित्राणे दक्षिणानां च सङ्गरे । स्त्रीविप्राभ्युपपत्तौ च घ्नन् धर्मेण न दुष्यति ॥ ८.३४९॥
ātmanaśca paritrāṇe dakṣiṇānāṃ ca saṅgare . strīviprābhyupapattau ca ghnan dharmeṇa na duṣyati .. 8.349..
8.349. In their own defence, in a strife for the fees of officiating priests, and in order to protect women and Brahmanas; he who (under such circumstances) kills in the cause of right, commits no sin.
8.350. One may slay without hesitation an assassin who approaches (with murderous intent), whether (he be one’s) teacher, a child or an aged man, or a Brahmana deeply versed in the Vedas.
8.353. For by (adultery) is caused a mixture of the castes (varna) among men; thence (follows) sin, which cuts up even the roots and causes the destruction of everything.
यस्त्वनाक्षारितः पूर्वमभिभाषेत कारणात् । न दोषं प्राप्नुयात्किं चिन्न हि तस्य व्यतिक्रमः ॥ ८.३५५॥
yastvanākṣāritaḥ pūrvamabhibhāṣeta kāraṇāt . na doṣaṃ prāpnuyātkiṃ cinna hi tasya vyatikramaḥ .. 8.355..
8.355. But a man, not before accused, who (thus) speaks with (a woman) for some (reasonable) cause, shall not incur any guilt, since in him there is no transgression.
8.356. He who addresses the wife of another man at a Tirtha, outside the village, in a forest, or at the confluence of rivers, suffer (the punishment for) adulterous acts (samgrahana).
8.357. Offering presents (to a woman), romping (with her), touching her ornaments and dress, sitting with her on a bed, all (these acts) are considered adulterous acts (samgrahana).
8.358. If one touches a woman in a place (which ought) not (to be touched) or allows (oneself to be touched in such a spot), all (such acts done) with mutual consent are declared (to be) adulterous (samgrahana).
8.359. A man who is not a Brahmana ought to suffer death for adultery (samgrahana); for the wives of all the four castes even must always be carefully guarded.
8.360. Mendicants, bards, men who have performed the initiatory ceremony of a Vedic sacrifice, and artisans are not prohibited from speaking to married women.
8.361. Let no man converse with the wives of others after he has been forbidden (to do so); but he who converses (with them), in spite of a prohibition, shall be fined one suvarna.
नैष चारणदारेषु विधिर्नात्मोपजीविषु । सज्जयन्ति हि ते नारीर्निगूढाश्चारयन्ति च ॥ ८.३६२॥
naiṣa cāraṇadāreṣu vidhirnātmopajīviṣu . sajjayanti hi te nārīrnigūḍhāścārayanti ca .. 8.362..
8.362. This rule does not apply to the wives of actors and singers, nor (of) those who live on (the intrigues of) their own (wives); for such men send their wives (to others) or, concealing themselves, allow them to hold criminal intercourse.
kiṃ cideva tu dāpyaḥ syātsambhāṣāṃ tābhirācaran . preṣyāsu caikabhaktāsu rahaḥ pravrajitāsu ca .. 8.363..
8.363. Yet he who secretly converses with such women, or with female slaves kept by one (master), and with female ascetics, shall be compelled to pay a small fine.
योऽकामां दूषयेत्कन्यां स सद्यो वधमर्हति । सकामां दूषयंस्तुल्यो न वधं प्राप्नुयान्नरः ॥ ८.३६४॥
yo'kāmāṃ dūṣayetkanyāṃ sa sadyo vadhamarhati . sakāmāṃ dūṣayaṃstulyo na vadhaṃ prāpnuyānnaraḥ .. 8.364..
8.364. He who violates an unwilling maiden shall instantly suffer corporal punishment; but a man who enjoys a willing maiden shall not suffer corporal punishment, if (his caste be) the same (as hers).
kanyāṃ bhajantīmutkṛṣṭaṃ na kiṃ cidapi dāpayet . jaghanyaṃ sevamānāṃ tu saṃyatāṃ vāsayedgṛhe .. 8.365..
8.365. From a maiden who makes advances to a (man of) high (caste), he shall not take any fine; but her, who courts a (man of) low (caste), let him force to live confined in her house.
8.366. A (man of) low (caste) who makes love to a maiden (of) the highest (caste) shall suffer corporal punishment; he who addresses a maiden (on) equal (caste) shall pay the nuptial fee, if her father desires it.
8.367. But if any man through insolence forcibly contaminates a maiden, two of his fingers shall be instantly cut off, and he shall pay a fine of six hundred (panas).
8.368. A man (of) equal (caste) who defiles a willing maiden shall not suffer the amputation of his fingers, but shall pay a fine of two hundred (panas) in order to deter him from a repetition (of the offence).
8.369. A damsel who pollutes (another) damsel must be fined two hundred (panas), pay the double of her (nuptial) fee, and receive ten (lashes with a) rod.
8.370. But a woman who pollutes a damsel shall instantly have (her head) shaved or two fingers cut off, and be made to ride (through the town) on a donkey.
8.371. If a wife, proud of the greatness of her relatives or (her own) excellence, violates the duty which she owes to her lord, the king shall cause her to be devoured by dogs in a place frequented by many.
saṃvatsare'bhiśastasya duṣṭasya dviguṇo damaḥ . vrātyayā saha saṃvāse cāṇḍālyā tāvadeva tu .. 8.373..
8.373. On a man (once) convicted, who is (again) accused within a year, a double fine (must be inflicted); even thus (must the fine be doubled) for (repeated) intercourse with a Vratya and a Kandali.
8.374. A Sudra who has intercourse with a woman of a twice-born caste (varna), guarded or unguarded, (shall be punished in the following manner): if she was unguarded, he loses the part (offending) and all his property; if she was guarded, everything (even his life).
8.375. (For intercourse with a guarded Brahmana a Vaisya shall forfeit all his property after imprisonment for a year; a Kshatriya shall be fined one thousand (panas) and be shaved with the urine (of an ass).
brāhmaṇīṃ yadyaguptāṃ tu gacchetāṃ vaiśyapārthivau . vaiśyaṃ pañcaśataṃ kuryātkṣatriyaṃ tu sahasriṇam .. 8.376..
8.376. If a Vaisya or a Kshatriya has connexion with an unguarded Brahmana, let him fine the Vaisya five hundred (panas) and the Kshatriya one thousand.
ubhāvapi tu tāveva brāhmaṇyā guptayā saha . viplutau śūdravaddaṇḍyau dagdhavyau vā kaṭāgninā .. 8.377..
8.377. But even these two, if they offend with a Brahmani (not only) guarded (but the wife of an eminent man), shall be punished like a Sudra or be burnt in a fire of dry grass.
8.378. A Brahmana who carnally knows a guarded Brahmani against her will, shall be fined one thousand (panas); but he shall be made to pay five hundred, if he had connexion with a willing one.
8.380. Let him never slay a Brahmana, though he have committed all (possible) crimes; let him banish such an (offender), leaving all his property (to him) and (his body) unhurt.
न ब्राह्मणवधाद्भूयानधर्मो विद्यते भुवि । तस्मादस्य वधं राजा मनसाऽपि न चिन्तयेत् ॥ ८.३८१॥
na brāhmaṇavadhādbhūyānadharmo vidyate bhuvi . tasmādasya vadhaṃ rājā manasā'pi na cintayet .. 8.381..
8.381. No greater crime is known on earth than slaying a Brahmana; a king, therefore, must not even conceive in his mind the thought of killing a Brahmana.
8.382. If a Vaisya approaches a guarded female of the Kshatriya caste, or a Kshatriya a (guarded) Vaisya woman, they both deserve the same punishment as in the case of an unguarded Brahmana female.
sahasraṃ brāhmaṇo daṇḍaṃ dāpyo gupte tu te vrajan . śūdrāyā kṣatriyaviśoḥ sāhasro vai bhaveddamaḥ .. 8.383..
8.383. A Brahmana shall be compelled to pay a fine of one thousand (panas) if he has intercourse with guarded (females of) those two (castes); for (offending with) a (guarded) Sudra female a fine of one thousand (panas shall be inflicted) on a Kshatriya or a Vaisya.
8.384. For (intercourse with) an unguarded Kshatriya a fine of five hundred (panas shall fall) on a Vaisya; but (for the same offence) a Kshatriya shall be shaved with the urine (of a donkey) or (pay) the same fine.
8.385. A Brahmana who approaches unguarded females (of the) Kshatriya or Vaisya (castes), or a Sudra female, shall be fined five hundred (panas); but (for intercourse with) a female (of the) lowest (castes), one thousand.
यस्य स्तेनः पुरे नास्ति नान्यस्त्रीगो न दुष्टवाक् । न साहसिकदण्डघ्नो स राजा शक्रलोकभाक् ॥ ८.३८६॥
yasya stenaḥ pure nāsti nānyastrīgo na duṣṭavāk . na sāhasikadaṇḍaghno sa rājā śakralokabhāk .. 8.386..
8.386. That king in whose town lives no thief, no adulterer, no defamer, no man guilty of violence, and no committer of assaults, attains the world of Sakra (Indra).
8.388. A sacrificer who forsakes an officiating priest, and an officiating priest who forsakes a sacrificer, (each being) able to perform his work and not contaminated (by grievous crimes), must each be fined one hundred (panas).
न माता न पिता न स्त्री न पुत्रस्त्यागमर्हति । त्यजन्नपतितानेतान् राज्ञा दण्ड्यः शतानि षट् ॥ ८.३८९॥
na mātā na pitā na strī na putrastyāgamarhati . tyajannapatitānetān rājñā daṇḍyaḥ śatāni ṣaṭ .. 8.389..
8.389. Neither a mother, nor a father, nor a wife, nor a son shall be cast off; he who casts them off, unless guilty of a crime causing loss of caste, shall be fined six hundred (panas).
8.390. If twice-born men dispute among each other concerning the duty of the orders, a king who desires his own welfare should not (hastily) decide (what is) the law.
8.391. Having shown them due honor, he should, with (the assistance of) Brahmanas, first soothe them by gentle (speech) and afterwards teach them their duty.
8.392. A Brahmana who does not invite his next neighbour and his neighbour next but one, (though) both (he) worthy (of the honour), to a festival at which twenty Brahmanas are entertained, is liable to a fine of one masha.
8.393. A Srotriya who does not entertain a virtuous Srotriya at auspicious festive rites, shall be made to pay him twice (the value of) the meal and a masha of gold (as a fine to the king).
8.394. A blind man, an idiot, (a cripple) who moves with the help of a board, a man full seventy years old, and he who confers benefits on Srotriyas, shall not be compelled by any (king) to pay a tax.
श्रोत्रियं व्याधितार्तौ च बालवृद्धावकिञ्चनम् । महाकुलीनमार्यं च राजा सम्पूजयेत्सदा ॥ ८.३९५॥
śrotriyaṃ vyādhitārtau ca bālavṛddhāvakiñcanam . mahākulīnamāryaṃ ca rājā sampūjayetsadā .. 8.395..
8.395. Let the king always treat kindly a Srotriya, a sick or distressed man, an infant and an aged or indigent man, a man of high birth, and an honourable man (Arya).
शाल्मलीफलके श्लक्ष्णे नेनिज्यान्नेजकः शनैः । न च वासांसि वासोभिर्निर्हरेन्न च वासयेत् ॥ ८.३९६॥
śālmalīphalake ślakṣṇe nenijyānnejakaḥ śanaiḥ . na ca vāsāṃsi vāsobhirnirharenna ca vāsayet .. 8.396..
8.396. A washerman shall wash (the clothes of his employers) gently on a smooth board of Salmaliwood he shall not return the clothes (of one person) for those (of another), nor allow anybody (but the owner) to wear them.
8.397. A weaver (who has received) ten palas (of thread), shall return (cloth weighing) one pala more; he who acts differently shall be compelled to pay a fine of twelve (panas).
8.398. Let the king take one-twentieth of that (amount) which men, well acquainted with the settlement of tolls and duties (and) skilful in (estimating the value of) all kinds of merchandise, may fix as the value for each saleable commodity.
8.399. Let the king confiscate the whole property of (a trader) who out of greed exports goods of which the king has a monopoly or (the export of which is) forbidden.
शुल्कस्थानं परिहरन्नकाले क्रयविक्रयी । मिथ्यावादी च सङ्ख्याने दाप्योऽष्टगुणमत्ययम् ॥ ८.४००॥
śulkasthānaṃ pariharannakāle krayavikrayī . mithyāvādī ca saṅkhyāne dāpyo'ṣṭaguṇamatyayam .. 8.400..
8.400. He who avoids a custom-house (or a toll), he who buys or sells at an improper time, or he who makes a false statement in enumerating (his goods), shall be fined eight times (the amount of duty) which he tried to evade.
8.401. Let (the king) fix (the rates for) the purchase and sale of all marketable goods, having (duly) considered whence they come, whither they go, how long they have been kept, the (probable) profit and the (probable) outlay.
8.404. At a ferry an (empty) cart shall be made to pay one pana, a man’s (load) half a pana, an animal and a woman one quarter of a (pana), an unloaded man one-half of a quarter.
8.405. Carts (laden) with vessels full (of merchandise) shall be made to pay toll at a ferry according to the value (of the goods), empty vessels and men without luggage some trifle.
8.406. For a long passage the boat-hire must be proportioned to the places and times; know that this (rule refers) to (passages along) the banks of rivers; at sea there is no settled (freight).
garbhiṇī tu dvimāsādistathā pravrajito muniḥ . brāhmaṇā liṅginaścaiva na dāpyāstārikaṃ tare .. 8.407..
8.407. But a woman who has been pregnant two months or more, an ascetic, a hermit in the forest, and Brahmanas who are students of the Veda, shall not be made to pay toll at a ferry.
8.409. This decision in suits (brought) by passengers (holds good only) in case the boatmen are culpably negligent on the water; in the case of (an accident) caused by (the will of) the gods, no fine can be (inflicted on them) .
8.411. (Some wealthy) Brahmana shall compassionately support both a Kshatriya and a Vaisya, if they are distressed for a livelihood, employing them on work (which is suitable for) their (castes).
8.412. But a Brahmana who, because he is powerful, out of greed makes initiated (men of the) twice-born (castes) against their will do the work of slaves, shall be fined by the king six hundred (panas).
शूद्रं तु कारयेद्दास्यं क्रीतमक्रीतमेव वा । दास्यायैव हि सृष्टोऽसौ ब्राह्मणस्य स्वयम्भुवा ॥ ८.४१३॥
śūdraṃ tu kārayeddāsyaṃ krītamakrītameva vā . dāsyāyaiva hi sṛṣṭo'sau brāhmaṇasya svayambhuvā .. 8.413..
8.413. But a Sudra, whether bought or unbought, he may compel to do servile work; for he was created by the Self-existent (Svayambhu) to be the slave of a Brahmana.
8.415. There are slaves of seven kinds, (viz.) he who is made a captive under a standard, he who serves for his daily food, he who is born in the house, he who is bought and he who is given, he who is inherited from ancestors, and he who is enslaved by way of punishment.
विस्रब्धं ब्राह्मणः शूद्राद्द्रव्योपादानमाचरेत् । न हि तस्यास्ति किं चित्स्वं भर्तृहार्यधनो हि सः ॥ ८.४१७॥
visrabdhaṃ brāhmaṇaḥ śūdrāddravyopādānamācaret . na hi tasyāsti kiṃ citsvaṃ bhartṛhāryadhano hi saḥ .. 8.417..
8.417. A Brahmana may confidently seize the goods of (his) Sudra (slave); for, as that (slave) can have no property, his master may take his possessions.
vaiśyaśūdrau prayatnena svāni karmāṇi kārayet . tau hi cyutau svakarmabhyaḥ kṣobhayetāmidaṃ jagat .. 8.418..
8.418. (The king) should carefully compel Vaisyas and Sudra to perform the work (prescribed) for them; for if these two (castes) swerved from their duties, they would throw this (whole) world into confusion.
अहन्यहन्यवेक्षेत कर्मान्तान् वाहनानि च । आयव्ययौ च नियतावाकरान् कोशमेव च ॥ ८.४१९॥
ahanyahanyavekṣeta karmāntān vāhanāni ca . āyavyayau ca niyatāvākarān kośameva ca .. 8.419..
8.419. Let him daily look after the completion of his undertakings, his beasts of burden, and carriages, (the collection of) his revenues and the disbursements, his mines and his treasury.