[164] Manu, ch. 8, sl. 104, 105.

[165] &c. i. e. his property, tribe, calling, customs, &c. (M.)

[166] Manu, ch. 8, sl. 168.

[167] literally "by three only," explained by the Commentator as above rendered.

[168] the Commentator considers the &c. here to signify, testing the handwriting of the writers or amanuenses employed.

[169] i. e. consideration of place, time, and persons connected with possession of the document. (M.)

[170] The Commentator divides written instruments into, 1. public or given by authority, and, 2. private, or those which the community use among themselves, and to which the rules in the text apply. These again are either, autograph, i. e. wholly written by the party who speaks by the document—or, written by another for him. The last description, he says, require to be attested, and their effect as proof depends upon local usage. He quotes Nárada as to the private writings. For the instruments emanating from authority, he refers to sl. 317, 318, 319 of Yájnavalkya's first Book, viz.

[171] This word in the 94th sloka we have rendered 'discharge.' Its ordinary and literal sense is 'purification.'

[172] scil. ordeals. (M.)

[173] the ocean god.

[174] the inferior Brahmá, the immediate cause or creator of the universe.

[175] It is only of self-acquired property that unequal partition can be made. Of that which is inherited or ancestral, there is co-ownership: it cannot therefore be apportioned at the father's pleasure. (M.) Infra sl. 121.

[176] Jagannát'ha, in his Digest, quotes the Dipakaliká and other authorities interpreting this injunction to refer to such wives only as have not male issue. (Colebrooke, vol. 3, p. 97.)

[177] Something, however valueless; in order that the heirs of the separated son may have no claim to a share of the family inheritance, (M.) Manu, ch. 9, sl. 207.

[178] For instance, if one son have a large family, or be disqualified to earn a livelihood, the father may give him a portion larger than the others. But an unequal partition from angry impulse, or weak-mindedness, has no validity. (M.)

[179] Manu, ch. 9, sl. 104. Whenever the father wishes, is one of the ordained periods for partition; the second is, when the father has renounced worldly enjoyment and the mother is past child-bearing; and this partition may be enforced (according to Nárada) at the son's desire, though the father object. Partition should also be made, the son desiring it, if the father lead a vicious life, or be suffering under incurable disease; even though the mother's menstruation have not ceased. The third period for partition is, the father's decease. (M.) Manu divides,—to the eldest two aliquot parts, to the second son one and a half, and to each succeeding son a single part. The Commentator asks, why that division was not adhered to; and he solves his own question by the remark, that it was disliked by the people, and therefore rightly abandoned. This position he supports by several quotations, and by allusion to the abolition or non-observance of other ancient ordinances, e.g. the raising up of male heirs by the brother of the husband or others.

It is an obvious reflection, that the altered law of distribution is one of the few instances in the Hindu economy where an innate feeling of natural equality has overcome or superseded arbitrary rule—and further, that the change has been brought about by the pressure of the old law upon the privileged casts, who, in common with others, were affected by it.

[180] Manu, ch. 9, sl. 206, 208.

[181] When the recovered properly is land, he who obtained it shall take a fourth part, the remainder to be equally divided. (M.) The Commentator supports this view by the authority of Śankha. Manu, ch. 9, sl. 209.

[182] Supra, Book 1, sl. 3.

[183] Manu, ch. 9, sl. 215.

[184] The Commentator refers, in explanation of this sloka, to Manu, ch. 9, sl. 216, viz. A son born after a division shall alone inherit the patrimony [i. e. the share allotted to the parents (M.)], or shall have a share of it with the divided brethren, if they return and unite themselves with him.—With respect to the deduction for expenditure, &c., the Commentator explains, that the accumulations of mere income are not to be included in the estate to be repartitioned, and that a previous deduction is to be made for necessary expenditure, e.g. the father's debts.

[185] but, if she have stridhana, only a half share. (M.)

[186] Manu, ch. 9, sl. 118.

[187] These varying proportions ofcourse apply only where there are several mothers of differing casts. Manu, ch. 9, sl. 148-157.

[188] or escaped notice altogether. (M.) Manu, ch. 9, sl. 218.

[189] Manu, ch. 9, sl. 59, 145, 167, 190.

[190] But if the actual father have already a son, his son by another's wife is not his heir. (M.)

[191] aurasa is from úras 'the best,' being the first in order of sons.

[192] dharma wife is defined by the Commentator, a wife of the same cast with her husband, and wedded to him according to the bráhma and other approved forms of marriage; which are described in the first book, sl. 58-61, viz. "In the marriage called bráhma, [the bride], adorned in a manner suitable to the means [of her family], is bestowed upon the invited bridegroom,—In the daiva [marriage, the bride is made over] to the priest whilst offering sacrifice: ársha [marriage], is where [the bride's father] receives a pair of kine.—In the káya [marriage, the bride] is delivered to the suitor with the injunction, Together practise the rules of duty! In the asura [marriage], wealth is received [from the bridegroom]. Gándharva is [a union in marriage] by mutual consent [of the parties]: the rákshasa [marriage], is by capture [of the woman] in war: the paiśácha [marriage, where she is obtained] by deception." Manu ch. 3, sl. 20 et. seq.

[193] scil. according to Vaśishṭha, such as, by agreement between father and son-in-law, at the time of the daughter's marriage, has been, by anticipation, given up to the father. (M.) And the Commentator notes, that the term used, puttrikásata, may be also rendered or understood 'daughter as a son' i. e. a daughter appointed or placed in the same position and with the same rights as a son.

[194] sagotra.

[195] it being merely known that the father is a man of the same cast, not who he is. (M.)

[196] privately, in the father's house. (M.) Manu adds the condition, if she marry her lover; ch. 9, sl. 172.

[197] Manu, ch. 9, sl. 175.

[198] This is permitted to a man of the same cast, in time of distress; but only where there are several sons: the eldest cannot be bestowed as a gift-son. (M.) Manu, ch. 9, sl. 168.

[199] The Commentator explains, that this can only be on the same conditions as the given or gift son. Manu, ch. 9, sl. 174.

[200] having lost his parents, or being abandoned by them. (M.) We have some doubt of the Commentator's meaning: here as the alternative includes a separate head and description, viz. (xii) in the succeeding sloka. The word rendered 'abandoned' literally signifies 'liberated,' 'set free;' so the meaning may be,—one who is left free to choose for himself.

[201] Manu, ch. 9, sl. 173.

[202] ibid. sl. 171.

[203] piṇḍa, which literally signifies any round substance. The cake is a compound, in form of a ball, given as an offering to the dead.

[204] The Commentator quotes Vaśishṭha—If a son be adopted, and afterwards an aurasa be born, the former takes a fourth part—and deduces from this, that a son of any inferior grade receives a fourth share when superseded by an afterborn aurasa.

[205] Manu, ch. 9, sl. 179.

[206] pitárau. First the mother, then the father—says the Commentator. But Manu, ch. 9, sl. 185:—If a man die without male issue, the father is heir; next to him in order, the brothers—and, sl. 217—If a man die childless, his mother succeeds.—Such is the contradictory character of texts and comments on this subject. The law in use in Bengal is the reverse of the Commentator's gloss.

[207] first, of the whole blood; then, half-brothers. (M.)

[208] as representing their respective fathers. (M.)

[209] family; kindred of the same stirpes or stock. These are thus detailed by the Commentator;

1. paternal grandmother,

2. paternal grandfather,

3. paternal uncles,

4. sons of the uncles,

on failure of paternal grandfather's line, then,

5. paternal great-grandmother,

6. paternal great-grandfather,

7. their sons,

8. their sons' offspring.

All of whom (proceeds the Commentator) are sapiṇḍas, connected by food oblations. If they fail, then follow those connected by the water oblation only, viz. seven degrees in the ascending line beyond sapiṇḍas, i. e. samánodacas.

[210] divided by the Commentator into three classes, viz.

1. of one's self, 2. of one's father, 3. of one's mother; as, the sons of a father's or of a mother's sister, or a maternal uncle (one's own kin)—the sons of a father's paternal or maternal aunt, or a father's maternal uncle (a father's kin)—and those in the same relation to a mother.

[211] sa-brahmachári, one instructed together with him in his religious duties. This head applies only to the first three classes, those invested with the sacred cord.

[212] as distinguished from the temporary brahmachári or religious student, which all of the twice born classes should be, in youth.

[213] who, having been separated, again holds his property in community with those from whom he had separated. Such reunion is permitted only with the father, the brothers, and the paternal uncle. (M.)

[214] This participle has a masculine termination; and the ellipsis is supplied from the Commentator.

[215] This is rather the paraphrase of the Commentator: the text is very obscure. Yájnavalkya in these two verses promulgates, according to the Commentator, the following law. A wife or a daughter or a mother shall not be entitled (under a preceding rule) to take the heritage, when there has been a reunion, after separation, of male members of the family; and of course where there has been no division. In the case of united brothers, where there is a full brother in the union, he takes the property, in preference to a half-brother; but, if the half-brother be united and the full brother separate, the two will divide the property between them. When, of many full brothers, some live united and others separate, those united will have the preference. If there be half brothers, as well as full brothers, in the union, the former take nothing; but all full brothers, living separate, share with one or more united half-brothers. Where the brothers all live separate the rule will of course not apply.

[216] i. e. according to the Ratnákara, a son born after his degradation from cast.

[217] scil. hermits, devotees, one who is his father's enemy, one guilty of a crime of minor degree, one deaf or dumb, one deprived of an organ of sense. (M.)

[218] supra sl. 128 (III).

[219] such as described sl. 140. (M.)

[220] if there be no sons. (M.)

[221] These three slokas are analogous to Manu, ch. 9, sl. 201, 2, 3.

[222] scil. acquisitions by inheritance, purchase, partition, gift, finding. (M.)

[223] supra, note [192].

[224] asura, gándarbha, rákshasa, paiśácha.

[225] i. e. if she die without issue. (M.)

[226] without just cause. (M.) Yájnavalkya himself suggests as a sufficient cause, a more eligible bridegroom offering; B. 1, sl. 65.

[227] if he have no other means. (M.)

[228] The Commentator and other authorities interpret arddha in this place to signify, such proportionate part as shall make the entire stridhana of the first wife equal to that of the second.

[229] and further, by enquiry as to the mode of performing religious rites in the family. (M.)

[230] Explained by the Commentator such as are free (as aged men are presumed to be) from the trammels of worldly occupation and of passion.

[231] Manu, ch. 8, sl. 258—262.

[232] the remains of burnt fuel. (M.)

[233] of rice. (M.)

[234] stones or other landmarks. (M.)

[235] Manu, ch. 8, sl. 246—252.

[236] i. e. if none of the means indicated in the previous sloka are available. (M.)

[237] Manu, ch. 8, sl. 254—258.

[238] ibid, sl. 263.

[239] ibid, sl. 265.

[240] and towns. (M.)

[241] Manu, ch. 8, sl. 262.

[242] The Commentator describes a boundary as a strip or border (a party-ridge) of land, used in common. The breaking therefore must mean some material alteration of this border. Overstepping, the Commentator describes to be cultivating beyond the boundary.

[243] or house or garden, &c. (M.)

[244] scil. reddendo singula singulis, the lowest fine for breaking, the highest for overstepping, the medium for wrongful appropriation. Manu, ch. 8, sl. 264; ch. 9, sl. 291.

[245] or similar constructions, as a tank, &c. (M.)

[246] semble, the landowner. The Commentator throws no light on this ambiguity.

[247] or any other crop. (M.)

[248] a másha is the twentieth part of a copper paṇa. (M.) Supra pa. 7.

[249] Manu, ch. 8, sl. 241.

[250] no penalty therefore or liability. (M.)

[251] being an open field. (M.)

[252] Manu, ch. 8, sl. 237, 8, 9.

[253] let loose to propitiate the gods. (M.)

[254] wanderers from a distant herd. (M.)

[255] scil. other animals, as elephants, horses, &c. (M.)

[256] Manu, ch. 8, sl. 242.

[257] i. e. counting them. (M.)

[258] Manu, ch. 8, sl. 232.

[259] for oblations to the gods. (M.) Manu does not expressly restrict this privilege to the twice-born; ch. 8, sl. 339.

[260] This term (literally 'a bow') is a land measure, equivalent to the modern oottah or four hâts.

[261] These three are in progressive increase: the first is, a mere village; the second, the central or sudder station of several villages; the third, a town of more extended population and importance. Manu, ch. 8, sl. 237.

[262] or which has been given away, or pledged, by a stranger without right. (M.) Manu, ch. 8, sl. 199.

[263] scil. one destitute of property. (M.) The expression in the text is applicable to any whose position or lack of means might justify a suspicion that he had not come honestly by the goods.

[264] the man who sold or assigned it to him. (M.)

[265] or stolen, or given in pledge. (M.)

[266] Supra, sl. 27.

[267] Inasmuch as he abets concealment of the thief or wrongdoer. (M.)

[268] Manu, ch. 8, sl. 30. The Commentator accounts for the discrepancy between the two law-givers by supposing Manu to have alluded to the property of learned bráhmaṇs only.

[269] This fine is considered by the Commentator a consideration or indemnity for safe keeping, and an exception to the rule laid down by Manu, ch. 8, sec. 33.

[270] Colebrooke's rendering of this sloka (Digest ch. 4, sec. 1, §16,) differs from ours, which however we consider to be the correct signification of the text before us.

[271] Manu, ch. 8, sl. 222.

[272] The Commentator explains this to refer to slaves.

[273] Supra, p. 7.

[274] These facts are related, says the Commentator, as an index to or test of the honesty of metal-workers.

[275] Made into coarse thread. (M.)

[276] This sloka, as appears from the Commentary, is in allusion to the loss on working or manufacture of textile fabrics mentioned in the previous slokas.

[277] or given or pledged. (M.)

[278] The slavery or servitude being to secure or work out a debt.

[279] e.g. a bráhmaṇ cannot be slave to a kshattriya. Manu, ch. 8, sl. 410—15.

[280] scil. medicine or handicraft. (M.)

[281] The Commentator thus explains and analyses the subject of servitude or working for others:

There are two descriptions of persons who serve. I. Those whose employment is of a respectable kind. II. Those whose employment is not so. The first division he subdivides into—1, the disciple; 2, the apprentice; 3, the workman; 4, the overseer.

The disciple is the student of the vedas; the apprentice is one learning an art; the workman is one who is paid for his work; the overseer superintends workmen. There are three sorts of workmen—1, soldiers; 2, husbandmen; 3, they who bear burdens.

II. The other and meaner description of employment is performed by slaves, scil. cleaning the house, cleaning away filth, &c.

Slaves, the Commentator subdivides, according to their origin and mode of enslavement, into fifteen classes, scil.

1. A born slave of the house.

2. A purchased slave.

3. One [otherwise] acquired e.g. by donation.

4. One obtained by inheritance.

5. One rescued from starvation during a famine.

6. One received in pledge.

7. One who becomes a slave to discharge a debt.

8. A captive in war.

9. One whose freedom has been lost by wager.

10. A volunteer slave.

11. An apostate from the condition of a pravajita or religious mendicant.

12. A slave for a prescribed term.

13. A slave for subsistence sake.

14. One enslaved by espousing a woman who is a slave.

15. One who has sold himself.

[282] scil. duties prescribed by the Śruti and Smriti, according to their cast and grade. (M.)

[283] such as, tending cattle, conservation of water, care of temples, &c. (M.)

[284] scil. to entertain travellers, or injunction to see that horses or other provision be not furnished to the enemies of the State. (M.)

[285] i. e. for a heinous offence: for minor offences, fines, as declared by Manu, shall be imposed. (M.) Manu, ch. 8, sl. 220, is probably here referred to.

[286] The term used hitavádi signifies, who speak for the welfare of; which we assume to have the sense we have given to it.

[287] Supra bk. 1, sl. 365.

[288] Supra note [282].

[289] Lassen, in his Indische Alterthumskunde (vol. 2, p. 238), speaking of the edicts of king Asoca (B. C. 250), which refer to páshaṇḍas, describes these as a sect who disbelieved alike in the bráhmiṇical and buddhist tenets. We have, in sloka 70, rendered the word 'infidels.'

[290] Manu, ch. 8, sl. 41, 219, 21, 410, 18.

[291] ibid. sl. 215—218.

[292] The expression is 'servant,' as opposed to, master, or employer.