2018-01-08
384
431.
1. Documents are of three kinds:
2. Attested by the king, or by (other) witnesses, or unattested.
3. A document is (said to be) attested by the king when it has been executed (in a court of judicature), on the king ordering it, by a scribe, his servant, and has been signed by his chief judge, with his own hand.
4. It is (said to be) attested by, witnesses when, having been written anywhere, and by any one, it is signed by witnesses in their own hands.
5. It is (said to be) unattested when it has been written (by the party himself) with his own hand.
6. Such a document, if it has been caused to be written by force, makes no evidence.
7. Neither does any fraudulent document (make evidence);
8. Nor a document (which), though attested, (is vitiated) by the signature of a witness bribed (by one party) or of bad character;
9. Nor one written by a scribe of the same description;
10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear.
11. (That instrument is termed) proof which is not adverse to peculiar local usages, which defines clearly the nature of the pledge given, and is free from confusion in the arrangement of the subject matter and (in the succession of) the syllables.
12. If the authenticity of a document is contested, it should be ascertained by (comparing with it other) letters or signs (such as the flourish denoting the word S rî and the like) or documents executed by the same man, by (enquiring into) the probabilities of the case, and by (finding out such writings as show) a mode of writing similar (to that contained in the disputed document).Should the debtor, or creditor, or witness, or scribe be dead, the authenticity of the document has to be ascertained by (comparing with it other.) specimens of their handwriting.
The Insitutes of Vishnu CHAPTER SEVENTEEN
Divisions 446-465
INSTITUTES OF VISHNU 8
446.
1. Now follow (the laws regarding) witnesses.
2. The king cannot be (made a witness); nor a learned Brâhma n a; nor an ascetic; nor a gamester; nor a thief; nor a person not his own master; nor a woman; nor a child; nor a perpetrator of the acts called sâhasa (violence); nor one over-aged (or more than eighty years old); nor one intoxicated or insane; nor a man of bad fame; nor an outcast; nor one tormented by hunger or thirst; nor one oppressed by a (sudden) calamity (such as the death of his father or the like), or wholly absorbed in evil passions;
3. Nor an enemy or a friend; nor one interested in the subject matter; nor one who does forbidden acts; nor one formerly perjured; nor an attendant;
4. Nor one who, without having been appointed, comes and offers his evidence;
5. Nor can one man alone be made a witness.
6. In cases of theft, of violence, of abuse and assault, and of adultery the competence of witnesses must not be examined too strictly.
7. Now (those who are fit to be) witnesses (shall he enumerated):
8. Descendants of a noble race, who are virtuous and wealthy, sacrificers, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas, and aged (shall be witnesses).
9. If he is endowed with the qualities just mentioned, one man alone can also be made a witness.
10. In a dispute between two litigants, the witnesses of that party have to be examined from which the plaint has proceeded.
11. Where the claim has been refuted as not agreeing with the facts (as e. g. the sum claimed having been repaid by the debtor), there the witnesses of the defendant have to be examined as well.
12. An appointed witness having died or gone abroad, those who have heard his deposition may give evidence.
13. (The evidence of) witnesses is (of two kinds): either of what was seen, or of what was heard.
14. Witnesses are free from blame if they give true evidence.
15. Whenever the death of a member of any of the four castes (would be occasioned by true evidence, they are free from blame) if they give false evidence.
16. In order to expiate the sin thus committed, such a witness), if he belongs to a twice-born caste, must pour an oblation in the fire, consecrating it with the texts called Kûshmâ nd î.
17. If he is a S ûdra, he must feed ten cows for one day.
I8. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.
The Insitutes of Vishnu CHAPTER EIGHTEEN
Divisions 466-485
INSTITUTES OF VISHNU 8
466.
19. Let the judge summon the witnesses, at the time of sunrise, and examine them after having bound them by an oath.
20. A Brâhma n a he must address thus, 'Declare.'
21. A Kshatriya he must address thus, 'Declare the truth.'
22. A Vai s ya he must address thus, 'Thy kine, grain, and gold (shall yield thee no fruit, if thou wert to give false evidence).'
23. A S ûdra he must address thus, 'Thou shalt have to atone for all (possible) heavy crimes (if thou wert to give false evidence).'
24. Let him exhort the witnesses (with the following speeches):
25. 'Whatever places (of torture) await (the killer of a Brâhma n a and other) great criminals and (the killer of a cow and other) minor offenders, those places of abode are ordained for a witness who gives false evidence;
26. 'And the fruit of every virtuous apt he has done, from the day of his birth to his dying day, shall be lost to him.
27. 'Truth makes the sun spread his rays.
28. 'Truth makes the moon shine.
29. 'Truth makes the wind blow.
30. 'Truth makes the earth bear (all that is upon it).
31. 'Truth makes waters flow.
32. 'Truth makes the fire burn.
33. 'The atmosphere exists through truth.
34. 'So do the gods.
35. 'And so do the offerings.
36. 'If veracity and a thousand horse-sacrifices are weighed against each other, (it is found that) truth ranks even higher than a thousand horse-sacrifices.
37. 'Those who, though acquainted with the facts, and appointed to give evidence, stand mute, are equally criminal with, and deserve the same punishment as, false witnesses.' (After having addressed them) thus, let. the king examine the witnesses in the order of their castes.
38. That plaintiff whose statement the witnesses declare to be true, shall win his suit; but he whose statement they declare to be wrong, shall certainly lose it.
39. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born. Whenever a perjured witness has given false evidence in a suit, (the king) must reverse the judgment; and whatever has been done, must be considered as undone.
The Insitutes of Vishnu CHAPTER NINETEEN
Divisions 486-520
INSTITUTES OF VISHNU 9
486.
1. Now follows (the rule regarding) the performance of ordeals.
2. In cases of a criminal action directed against the king, or of violence (they may be administered) indiscriminately.
3. In cases of (denial of) a deposit or of (alleged.)
theft or robbery they must be administered each according to the value (of the property claimed).
4. In all such cases the value (of the object claimed) must be estimated in gold.
5. Now if its value amounts to less than one K ri sh n ala, a S ûdra must be made to swear by a blade of Dûrvâ grass, (which he must hold in his hand);
6. If it amounts to less than two K ri sh n ala, by a blade of Tila;
7. If it amounts to less than three K ri sh n ala, by a blade of silver;
8. If it amounts to less than four K ri sh n ala, by a blade of gold;
9. If it amounts to less than five K ri sh n ala, by a lump of earth taken from a furrow;
10. If it amounts to less than half a Suvar n a, a S ûdra must be made to undergo the ordeal by sacred libation;
11. If it exceeds that amount, (the judge must administer to him) any one of the (other) ordeals, viz. the ordeal by, the balance, by fire, by water, or by poison, considering duly (the season, &c.)
12. If the amount (of the matter in contest) is twice as high (as in each of the last-mentioned cases), a Vai s ya must (in each case) undergo that ordeal which has (just) been ordained (for a S ûdra);
13. A Kshatriya (must undergo the same ordeals), if the amount is thrice as high;
14. A Brâhma n a, if it is four times as high. He is, however, not subject to the ordeal by sacred libation.
15. No judge must administer the (ordeal by) sacred libation to a Brâhma n a;
16. Except if it be done as a preliminary proof of his dealing fairly in some future transaction.
17. Instead of (administering the ordeal by) sacred libation to a Brâhma n a (in suits regarding an object, the value of which amounts to less than two Suvar n as), let the judge cause him to swear by a lump of earth taken from a furrow.
18. To one formerly convicted of a crime (or of perjury) he must administer one of the ordeals, even though the matter in contest be ever so trifling.
19. But to one who is known (and esteemed) among honest men and virtuous, he must not (administer any ordeal), even though the matter in contest be ever so important.
20. The claimant must declare his willingness to pay the fine (which is, due in case of his being defeated);
21. And the defendant must go through the ordeal.
22. In cases of a criminal action directed against the, king, or of violence (an ordeal may be administered) even without (the claimant) promising to pay the fine (due in case of defeat in ordinary suits).
23. To women, Brâhma n as, persons deficient in an organ of sense, infirm (old) men, and sick persons, the (ordeal by the) balance must be administered.
24. But it must not be administered to them while a wind is blowing.
25. The (ordeal by) fire must not be administered to lepers, to infirm persons, or to blacksmiths;
26. Nor must it ever be administered in autumn or summer.
27. The (ordeal by) poison must not be administered to lepers, bilious persons, or Brâhma n as;
28. Nor during the rainy season.
29. The (ordeal by) water must not be administered to persons afflicted with phlegm or (another) illness, to the timid, to the asthmatic, nor to those who gain their subsistence from water (such as fishermen and the like);
30. Nor during (the two cold seasons) Hemanta and S i s ira (or from middle of November to middle of March);
31. The (ordeal by) sacred libation must not be administered to atheists;
32. Nor when the country is afflicted with disease or pestilence.
33. Let the judge summon the defendant at the time of sunrise, after having fasted on the previous day and bathed in his clothes, and make him go through all the ordeals in the presence of (images of) the gods and of the (assessors and other) Brâhma n as.
The Insitutes of Vishnu CHAPTER TWENTY
Divisions 521-550
INSTITUTES OF VISHNU 10-11
521.
1. Now follows the (rule regarding the ordeal by) balance.
2; The transverse beam, by which the balance is to be suspended, should be fastened upon two posts, four Hastas above the ground (each), and should be made two Hastas long.
3. The beam of the balance should be made of strong wood (such as that of the Khadira or Tinduka trees), five Hastas long, and the two scales must be suspended on both sides of it, (and the whole suspended upon the transverse beam by means of an iron hook).
4. A man out of the guild of goldsmiths, or of braziers, should make it equal on both sides.
5. Into the one scale the person (who is to be tried by this ordeal) should be placed, and a stone (or earth or bricks) or some other (equivalent) of the same weight into the other.
6. The equivalent and the man having been made equal in weight and (the position of the scales) well marked, the man should be caused to descend from the balance.
7. Next (the judge) should adjure by (the following) imprecations the balance
8. And the person appointed to look after the weighing:
9. Those places of torture which have been prepared for the murderer of a Brâhma n a, or for a false witness, the same places are ordained for a who person appointed to look after the weighing, who acts fraudulently in his office.
10. 'Thou, O balance (dha t a), art called by the same name as holy law (dharma); thou, O balance, knowest what mortal., do not comprehend.
11. 'This man, being arraigned in a cause, is weighed upon thee. Therefore mayest thou deliver him lawfully from this perplexity.'
12. Thereupon the judge should have him placed, into the one scale again. If he rises in it, he is freed from the charge according to law.
13. In case of the strings bursting, or of the splitting of the transverse beam, the man should be placed in the scale once more. Thus the facts will be ascertained positively, and a just sentence be the result.
INSTITUTES OF VISHNU 11
1. Now follows the (rule regarding the ordeal by) fire.
2. He must make seven circles, sixteen A n gulas in breadth each, the intervals being of the same breadth.
3. Thereupon he must place seven leaves of the holy fig-tree into the hands of the person (about to perform the ordeal), who must turn his face towards the east and stretch out both arms.
4. Those (leaves) and his hands he must bind together with a thread.
5. Then he must place into his hands a ball made of iron, red-hot, fifty Palas in weight, and smooth.
6. Having received this, the person must proceed through the (seven) circles, without either walking at a very hurried pace, or lingering on his way.
7. Finally, after having passed the seventh circle, he must put down the ball upon the ground.
8. That man whose hands are burnt ever so little, shall be deemed guilty; but if he remains wholly unburnt, he is freed from the charge.
9. If he lets the ball drop from fear, or if there exists a doubt as to whether he is burnt or not, let him take the ball once more, because the proof has not been decided.
10. At the beginning (of the whole ceremony) the judge shall cause the person to rub some rice in his hands, and shall mark (with red sap, or the like, the already existing scars, eruptions of the skin, &c., which will thus have become visible). Then the judge, after having addressed the iron ball (with the following prayer), shall place it in his hands:
'Thou, O fire, dwellest in the interior of all creatures, like a witness. O fire, thou knowest what mortals do not comprehend.
12. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.'
The Insitutes of Vishnu CHAPTER TWENTY ONE
Divisions 551-575
INSTITUTES OF VISHNU 12-14
551.
1. Now follows the (rule regarding the ordeal by) water.
2. (The defendant must enter) water which is free from mud, aquatic plants, (crabs and other) vicious animals, (porpoises or other) large rapacious animals living in water, fish, leeches, and other (animals or plants),
3. The water having been addressed with the Mantras (mentioned hereafter), he must enter it, seizing the knees of another man, who must be free from friendship or hatred, and must dive into the water up to his navel.
4. At the same time another man must discharge an arrow from a bow, which must neither be too strong nor too weak.
5. That arrow must be fetched quickly by another man.
6. He who is not seen above the water in the mean time is proclaimed innocent. But in the contrary case he is (declared) guilty, even though one limb of his only has become visible.
7. 'Thou, O water, dwellest in the interior of all creatures, like a witness. O water, thou knowest what mortals do not comprehend.
8. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him, lawfully from this perplexity.'
INSTITUTES OF VISHNU 13
561.
1. Now follows the (rule regarding the ordeal by) poison.
2. All (other) sorts of poison must be avoided (in administering this ordeal),
3. Except poison from the Sri n ga tree, which grows on the Himâlayas.
4. (Of that) the judge must give seven grains, mixed with clarified butter, to the defendant (while reciting the prayer hereafter mentioned).
5. If the poison is digested easily, without violent symptoms, he shall recognise him as innocent, and dismiss him at the end of the day.
6. 'On account of thy venomous and dangerous nature thou art destruction to all living creatures; thou, O poison, knowest what mortals, do not comprehend.
7. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him, lawfully from this perplexity.'
INSTITIUTES OF VISHNU 14
571.
1. Now follows the (rule regarding the ordeal by) sacred libation.
2. Having invoked terrible deities (such as Durgâ, the Âdityas or others, the defendant) must drink three handfuls of water in which (images of) those deities have been bathed,
3. Uttering at the same time the words, 'I have not done this,' with his face turned towards the deity (in question).
4. He to whom (any calamity) happens within a fortnight or three weeks (such as an illness, or fire, or the death of a relative, or a heavy visitation by the king),
5. Should be known to be guilty; otherwise (if nothing adverse happens to him), he is freed from the charge. A just king should honour (with presents of clothes, ornaments, &c.) one who has cleared himself from guilt by an ordeal.
The Insitutes of Vishnu CHAPTER TWENTY TWO
Divisions 576-600
INSTITUTES OF VISHNU 15
576.
1. Now there are twelve kinds of sons.
2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.
3. The second is the son begotten on a wife, vis-a-vis, one begotten by a kinsman allied by funeral oblations, or by a member of the highest caste, on an appointed (wife or widow).
4. The third is the son of an appointed daughter.
5. She is called an appointed daughter, who is given away by her father with the words, 'The son whom she bears be mine.'
6. A damsel who has no brother is also (in every case considered) an appointed daughter, though she has not been given away according to the rule of an appointed daughter.
7. The son of a twice-married woman is the fourth.
8. She who, being still a virgin, is married for the second time is called twice married.
9. She also is called twice married who, though not legally married more than once, has lived with another man before her lawful marriage.
10. The son of an unmarried damsel is the fifth.
11. (He is called so who is) born by an unmarried daughter in the house of her father.
12. And he belongs to the man who (afterwards) marries the mother.
13. The son who is secretly born in the house is the sixth.
14. He belongs to him in whose bed he is born.
15. The son received with a bride is the seventh.
16. He (is called so who) is the son of a woman married while she was pregnant.
17. And he belongs to the husband (of the pregnant bride).
18. The adopted son is the eighth.
19. And he belongs to him to whom he is given by his mother or father.
20. The son bought is the ninth.
21. And he belongs to him by whom he is bought.
22. The son self-given is the tenth.
23. And he belongs to him to whom he gave himself
24. The son cast away is the eleventh.
25. (He is called so) who was forsaken by his father or mother (or by both).
26. And he belongs to him by whom he is received.
27. The son born by any woman whomsoever is the twelfth.
The Insitutes of Vishnu CHAPTER TWENTY THREE
Divisions 601-620
INSTITUTES OF VISHNU 15
601.
28. Amongst these (sons) each preceding one is preferable (to the one next in order).
29. And he takes the inheritance (before the next in order).
30. And let him maintain the rest.
31. He should marry unmarried (sisters) in a manner correspondent with the amount of his property.
32. Outcasts, eunuchs, persons incurably diseased, or deficient (in organs of sense or actions, such as blind, deaf, dumb, or insane persons, or lepers) do not receive a share.
33. They, should be maintained by those who take the inheritance.
34. And their legitimate sons receive a share.
35. But not the children of an outcast;
36. Provided they were born after (the commission of) the act on account of which the parents were outcasted.
37. Neither do children begotten (by husbands of an inferior caste) on women of a higher caste receive a share,
38. Their sons do not even receive a share of the wealth of their paternal grandfathers.
39. They should be supported by the heirs.
40. And he who inherits the wealth, presents the funeral oblation (to the deceased).
41. Amongst wives of one husband also the son of one is the son of all (and must present funeral oblations to them after their death).
42. Likewise, amongst brothers begotten by, one (father, the son of one is the son of all, and must present funeral oblations to them all).
43. Let a son present the funeral oblations to his father, even though he inherit no property.
44. Because he saves (trâyate) his father from the hell called Put, therefore (a male child) is called put-tra (protector from Put, son) by Svayambhû himself
45. He (the father) throws his debt on him (the son); and the father obtains immortality, if he sees the face of a loving son.
46. Through a son he conquers the worlds. through a grandson he obtains immortality, and through the son's grandson he gains the world of the sun.
47. No difference is made in this world between the son of a son and the son of a daughter; for even a daughter's son works the salvation of a childless man, just like a son's son.
The Insitutes of Vishnu CHAPTER TWENTY FOUR
Divisions 621-640
INSTITUTES OF VISHNU 16
621.
1. On women equal in caste (to their husbands), sons are begotten, who are equal in caste (to their fathers).
2. On women of lower caste than their husbands, sons are begotten, who follow the caste of their mothers.
3. On women of higher caste than their husbands, sons are begotten, who are despised by the twice-born.
4. Among these, the son of a S ûdra with a Vai s ya woman is called Âyogava.
5. The Pukkasa and Mâgadha are sons of a Vai s ya and S ûdra respectively with a Kshatriya woman.
6. The K a nd âla, Vaidehaka, and Sûta are the sons of a S ûdra, Vai s ya, and Kshatriya respectively with a Brâhma n a woman.
7. Besides these, there are innumerable other mixed castes, produced by further intermixture between those that have been mentioned.
8. Âyogavas must live by artistic performances (such as public wrestling, dancing, and the like).
9. Pukkasas must live by hunting.
10. Mâgadhas must live by calling out in public the good qualities (of saleable commodities).
11. K a nd âlas must live by executing criminals sentenced to death.
12. Vaidehakas must live by keeping (dancing girls and other public) women and profiting by what they earn.
13. Sûtas must live by managing horses.
14. K a nd âlas must live out of the town, and their clothes must be the mantles of the deceased. In this their condition is different (from, and lower than that of the other mixed castes).
15. All (members of mixed castes) should have interaction (of marriage, and other community) only between themselves.
16. (In the lower castes also) the son inherits the property of his father.
17. All members of those mixed castes, whether their descent has been kept secret or is generally known, may be found out by their acts.
18. Desertion of life, regardless of reward, in order to save a Brâhma n a, or a cow, or for the sake of a woman or child, may confer heavenly bliss even upon (members of those) base castes.
The Insitutes of Vishnu CHAPTER TWENTY FIVE
Divisions 641-665
INSTITUTES OF VISHNU 17
641.
1. If a father makes a partition with his sons, he may dispose of his self-acquired property as he thinks best.
2. But in regard to wealth 'inherited of the paternal grandfather, the ownership of father and son is equal.
3. (Sons), who have separated from their father, should give a share to (a brother) who is born after partition.
4. The wealth of a man who dies without male issue goes to his wife;
5. On failure of her, to his daughter;
6. On failure of her, to his father;
7. On failure of him, to his mother;
8. On failure of her, to his brother;
9. On failure of him, to his brother's son;
10. On failure of him, to the relations called Bandhu;
11. On failure of them, to the relations called Sakulya;
12. On failure of them, to a fellow-student;
13. On failure of him, it goes to the king, with the exception of a Brâhma n a's property.
14. The property of a Brâhma n a goes to (other) Brâhma n as.
15. The wealth of a (deceased) hermit shall be taken by his spiritual teacher;
16. Or his pupil (may take it).
17. But let a reunited coparcener take the share of his reunited coparcener who has died (without issue), and a uterine brother that of his uterine brother, and let them give (the shares of their deceased coparceners and uterine brothers) to the sons of the latter.
18. What has been given to a woman by her father, mother, sons, or brothers, what she has received before the sacrificial fire (at the marriage ceremony), what she receives on supersession, what has been given to her by her relatives, her fee (S ulka), and a gift subsequent, are called 'woman's property' (Strîdhana).
19. If a woman married according to (one of the first) four rites, beginning with the Brâhma rite, dies without issue, that (Strîdhana) belongs to her husband.
20. (If she has been married) according to (one of) the other (four reprehensible rites), her father shall take it.
21. If she dies leaving children, her wealth goes in every case to her daughter.
22. Ornaments worn by women when their husbands were alive, the heirs shall not divide among themselves; if they divide them, they become outcasts.
23. (Coparceners) descended from different fathers must adjust their shares according to the fathers. Let each take the wealth due to his father, no other (has a right to it).
The Insitutes of Vishnu CHAPTER TWENTY SIX
Divisions 666-690
INSTITUTES OF VISHNU 18
666.
1. If there are four sons of a Brâhma n a (springing from four different wives) of the four castes, they shall divide the whole estate of their father into ten parts.
2. Of these, let the son of the Brâhma n a wife take four parts;
3. The son of the Kshatriya wife, three parts;
4. The son of the Vai s ya wife, two parts;
5. The son of the S ûdra wife, a single part.
6. Again, if there are three sons of a Brâhma n a (by wives of different castes), but no son by a S ûdra (wife) among them, they shall divide the estate into nine parts.
7. (Of these) let them take, each in the order of his caste, shares amounting to four, three, and two parts of the whole respectively.
8. (If there are three sons by wives of different castes, but) no Vai s ya among them, they shall divide the estate into eight parts, and take four parts, three parts, and one part respectively.
9. (If there are three sons, but) no Kshatriya among them, they shall divide it into seven parts, and take four parts, two parts, and a single part respectively.
10. If there is no Brâhma n a, among them, they hall divide it into six parts, and take three parts, two parts, and a single part respectively.
11. If there are sons of a Kshatriya by a Kshatriya, a Vai s ya, and a S ûdra wife, the mode of division shall be the same (i.e. the estate shall be divided into six parts, &c.)
12. Again, if there are two sons of a Brâhma n a, the one belonging to the Brâhma n a and the other to the Kshatriya caste, they shall divide the estate into seven parts; and of these the Brâhma n a son shall take four parts;
13. The Kshatriya son, three parts.
14. Again, if there are two sons of a Brâhma n a, and the one belongs to the Brâhma n a and the other to the Vai s ya caste, the estate shall be divided into six parts; and of these, the Brâhma n a shall take four parts;
15. The Vai s ya, two parts.
10. Again, if there are two sons of a Brâhma n a, and the one belongs to the Brâhma n a and the other to the S ûdra caste, they shall divide the estate into five parts;
17. And of these, the Brâhma n a shall take four parts;
18. The S ûdra, a single part.
19. Again, if there are two sons of a Brâhma n a or a Kshatriya, and the one belongs to the Kshatriya and the other to the S ûdra caste, they shall divide the estate into five parts;
90. And of these, the Kshatriya shall take three parts;
21. The S ûdra, one part.
22. Again, if there are two sons of a Brâhma n a or a Kshatriya, and the one belongs to the Kshatriya, the other to the S ûdra caste, they shall divide the estate into four parts;
23. And of these, the Kshatriya shall take three parts;
24. The S ûdra, a single part.
The Insitutes of Vishnu CHAPTER TWENTY SEVEN
Divisions 691-715
INSTITUTES OF VISHNU 18
691.
25. Again, if there are two sons of a Brâhma n a or a Vai s ya or a S ûdra, and the one belongs to the Vai s ya, the other to the S ûdra caste, they shall divide the estate into three parts;
26. And of these, the Vai s ya shall take two parts;
27. The S ûdra, a single part.
28. If a Brâhma n a has an only son, he shall take the whole estate, provided he be a Brâhma n a, Kshatriya, or Vai s ya.
29. If a Kshatriya has (an only son who is) either a Kshatriya or a Vai s ya, (the rule shall be the same.)
30. If a Vai s ya has (an only son who is) Vai s ya, (the rule shall also be the same);
31. (And so shall the only) son of a S ûdra (be sole heir) to his S ûdra (father).
32. A S ûdra, who is the only son of a father belonging to a twice-born caste, shall inherit one-half of his property;
33. The other half shall devolve in the same way as the property of one who died without leaving issue.
34. Mothers shall receive shares proportionate to their son's shares;
35. And so shall unmarried daughters.
36. Sons, who are equal in caste (to their father), shall receive equal shares.
37. A best part (the twentieth part of the inheritance, &c.) shall be given to the eldest, as his additional share.
38. If there are two sons by a Brâhma n a and one by a S ûdra wife, the estate shall be divided into nine parts; and of these, the two sons of the Brâhma n a wife shall take two parts, the one son of the S ûdra wife, a single part.
39. If there are two sons by a S ûdra, and one son by a Brâhma n a wife, the estate shall be divided into six parts; and of these, the son of the Brâhma n a wife shall take four parts, and the two sons of the S ûdra wife together shall take two parts.
40. Upon the same principles the shares have to be adjusted in other cases also.
41. If (brothers), who after a previous division of the estate live again together as parceners, should make a second partition, the shares must be equal in that case, and the eldest has no right to an additional share.
42. What a brother has acquired by, his own efforts, without using the patrimony, he must not give up (to his brothers or other co-heirs), unless by his own free will; for it was gained by his own exertion.
43. And if a man recovers (a debt or other property), which could not before be recovered by his father, he shall not, unless by his own free will, divide it with his sons; for it is an acquisition made by himself.
44. Apparel, vehicles (carriages or riding-horses), and ornaments (such as are usually worn according to the custom of the caste), prepared food, water (in a well or pool), females (slaves or mistresses of the deceased), property destined for pious uses or sacrifices, a common pasture-ground, and a book, are indivisible.
The Insitutes of Vishnu CHAPTER TWENTY EIGHT
Divisions 716-740
INSTITUTES OF VISHNU 19
716.
1. He must not cause a member of a twice-born caste to be carried out by a S ûdra (even though he be a kinsman of the deceased);
2. Nor a S ûdra by a member of a twice-born caste.
3. A father and a mother shall be carried out by their sons (who are equal in caste to their parents).
4. But S ûdras must never carry out a member of a twice-born caste, even though he be their father.
5. Those Brâhma n as who carry out (or follow the corpse of) a (deceased) Brâhma n a who has no relatives shall attain a mansion in heaven.
6. Those who have carried out a dead relative and burnt his corpse, shall walk round the pile from left to right, and then plunge into water, dressed in their clothes.
7. After having offered a libation of water to the deceased, they must place one ball of rice on blades of Kusa grass, (and this ceremony has to be repeated on each subsequent day, while the period of impurity lasts.)
8. Then, having changed their dress, they must bite Nimba leaves between their teeth, and having stepped upon the stone threshold, they must enter the house.
9. Then they must throw unbroken grains into the fire.
10. On the fourth day they must collect the bones that have been left.
11. And they must throw them into water from the Ganges.
12. As many bones of a man are contained in the water of the Ganges, so many thousands of years will he reside in heaven.
13. While the term of impurity lasts, they must continually offer a libation of water and a ball of rice to the deceased.
14. And they must eat food which has been bought, or which they have received unsolicited.
15. And they, must eat no meat.
16. And they must sleep on the ground.
17. And they must sleep apart.
18. When the impurity is over, they must walk forth from the village, have their beards shaved, and having cleansed themselves with a paste of sesamum, or with a paste of mustard-seed, they must change their dress and re-enter the house.
19. There, after reciting a propitiatory prayer, they must honour the Brâhma n as.
20. The gods are invisible deities, the Brâhma n as are visible deities.
21. The Brâhma n as sustain the world.
22. It is by the favour of the Brâhma n as that the gods reside in heaven; a speech uttered by Brâhma n as (whether a curse or a benediction) never fails to come true.
23. What the Brâhma n as pronounce, when highly pleased (as, if they promise sons, cattle, wealth, or some other boon to a man), the gods will ratify; when the visible gods are pleased, the invisible gods are surely pleased as well.
24. The mourners, who lament the loss of a relative, shall be addressed by men gifted with a tranquil frame of mind with such consolatory speeches as I shall now recite to thee, O Earth, who art cherished to my, mind.
The Insitutes of Vishnu CHAPTER TWENTY NINE
Divisions 741-770
INSTITUTES OF VISHNU 20
741.
1. The northern progress of the sun is a day, with the gods.
2. The southern progress of the sun is (with them) a night.
3. A year is (with them) a day and a night;
4. Thirty such are a month;
5. Twelve such months are a year.
6. Twelve hundred years of the gods are a Kaliyuga.
7. Twice as many (or two thousand four hundred) are a Dvâpara (Yuga).
S. Thrice as many (or three thousand six hundred) are a Tretâ (Yuga).
9. Four times as many (or four thousand eight hundred) are a K ri ta Yuga.
10. (Thus) twelve thousand years make a K aturyuga (or period of four Yugas).
11. Seventy-one K aturyugas make a Manvantara (or period of a Manu).
12. A thousand K aturyugas make a Kalpa.
13. And that is a day of the forefather (Brahman).
14. His night also has an equal duration.
15. If so many such nights and days are put together that, reckoned by the month and by the year, they make up a period of a hundred years (of Brahman) it is called the age of one Brahman.
16. A day of Purusha (Vish n u) is equal in duration to the age of one Brahman.
17. When it ends, a Mahâkalpa is over.
18. The night following upon it is as long.
19. The days and nights of Purusha that have gone by are innumerable;
20. And so are those that will follow.
21. For Kâla (time) is without either beginning or end.
22. Thus it is, that in this Kâla (time), in whom there is nothing to rest upon, and who is everlasting, I can espy nothing created in which there is the least stability.
23. The sands in the Ganges and (the waters pouring down from the sky) when Indra sends rain can be counted, but not the number of 'Forefathers' (Brahmans) who have passed away.
24. In each Kalpa, fourteen chiefs of the gods (Indras) go to destruction, as many rulers of the world (kings), and fourteen Manus.
25. And so have many thousands of Indras and hundred thousands of princes of the Daityas (such as Hira n yaka s ipu, Hira n yâksha, and others) been destroyed by Kâla, (time). What should one say of human beings then?
26. 'Many royal Ri shis too (such as Sagara), all of them renowned for their virtues, gods and Brahmanical Ri shis (such as Ka s yapas) have perished by the action of Kâla.
27. Those even who have the power of creating and annihilating in this world (the sun, moon, and other heavenly bodies) continually perish by the act of Kâla; for Kâla (time) is hard to overcome.
28. Every creature is seized upon by Kâla and carried into the other world. It is the slave of its actions (in a former existence). Wherefore then should you wail (on its death)?
29. Those who are born are sure to die, and those who have died are sure to be born again. This is inevitable, and no associate can follow a man (in his passage through mundane existence).
The Insitutes of Vishnu CHAPTER THIRTY
Divisions 771-795
INSTITUTES OF VISHNU 20
771.
30. As mourners will not help the dead in this world, therefore (the relatives) should not weep, but perform the obsequies to the best of their power.
31. As both his good and bad actions will follow him (after death) like associates, what does it matter to a man whether his relatives mourn over him or no?
32. But as long as his relatives remain impure, the departed spirit finds no rest, and returns to visit (his relatives), whose duty it is to offer tip to him the funeral ball of rice and the water libation.
33. Till the Sapi nd îkara n a has been performed, the dead man remains a disembodied spirit (and is afflicted with hunger and thirst). Give rice and a jar with water to the man who has passed into the abode of disembodied spirits.
34. Having passed into the abode of the manes (after the performance of the Sapi nd îkara n a) he enjoys in the shape of celestial food his portion of the S râddha (funeral oblation); offer the S râddha, therefore, to him who has passed into the abode of the manes.
35. Whether he has become a god, or stays in hell, or has entered the body of an animal, or of a human being, he will receive the S râddha offered to him by his relatives.
36. The dead person and the performer of the S râddha are sure to be benefitted by its performance. Perform the S râddha always, therefore, abandoning bootless grief.
37. This is the duty which should be constantly discharged towards a dead person by his kinsmen; by mourning a man will neither benefit the dead nor himself.
38. Having seen that no help is to be had from this world, and that his relations are dying (one after the other), you must choose virtue for your only associate, O ye men.
39. Even were he to die with him, a kinsman is unable to follow his dead relative: all excepting his wife are forbidden to follow him on the path of Yama.
40. Virtue alone will follow him, wherever he, may go; therefore do your duty unflinchingly in this wretched world.
41. To-morrow's business should be done to-day, and the, afternoons business in the forenoon; for death will not wait, whether a person has done it or not.
42. While his mind is fixed upon his field, or traffic, or his house, or while his thoughts are engrossed by some other (beloved) object, death suddenly carries him away as his, prey, as a she-wolf catches a lamb.
43. Kâla (time) is no one's friend and no one's enemy: when the effect of his acts in a former existence, by which his present existence is caused, has expired, he snatches a man away forcibly.
44. He will not die before his time has come, even though he has been pierced by a thousand shafts; he will not live after his time is out, even though he has only been touched by the point of a blade of Kusa grass.
45. Neither drugs, nor magical formulas, nor burnt-offerings, nor prayers will save a man who is in the bonds of death or old age.
46. An impending evil cannot be averted even by a hundred precautions; what reason then for you to complain?
47. Even as a calf finds his mother among a thousand cows, an act formerly done is sure to find the perpetrator.
48. Of existing beings the beginning is unknown, the middle (of their career) is known, and the end again unknown; what reason then for you to complain?
49. As the body of mortals undergoes (successively the vicissitudes of) infancy, youth, and old age, even so will it be transformed into another body (hereafter); a sensible man is not mistaken about that.
50. As a man puts on new clothes in this world, throwing aside those which he formerly wore, even so the self of man puts on new bodies, which are in accordance with his acts (in a former life).
51. No weapons will hurt the self of man, no fire burn it, no waters moisten it, and no wind dry it up.
52. It is not to be hurt, not to be burnt, not to be moistened, and not to be dried up; it is imperishable, perpetual, unchanging, immovable, without beginning.
53. It is (further) said to be immaterial, passing all thought, and immutable. Knowing the self of man to be such, you must not grieve (for the destruction of his body).
The Insitutes of Vishnu CHAPTER THIRTY ONE
Divisions 796-820
INSTITUTES OF VISHNU 21
796.
1. Now then, (on the day) after the impurity is over, let him bathe duly (during the recitation of Mantras), wash his hands and feet duly, and sip water duly, (and having invited some Brâhma n as), as many as possible, who must cleanse themselves in the same way and turn their faces towards the north, let him bestow presents of perfumes, garlands, clothes and other things (a lamp, frankincense, and the like) upon them, and hospitably entertain them.
2. At the Ekoddish t a (or S râddha for one recently deceased) let him alter the Mantras so as to refer to (the) one person (deceased).
3. Close to the food left (by the Brâhma n as) let him offer a ball of rice, at the same time calling out his name and (that of) his race.
4. The Brâhma n as having taken food and having been honoured with a gift, let him offer, as imperishable food, water to the Brâhma n as, after having called out the name and Gotra of the deceased; and let him dig three trenches, each four A n gulas in breadth, their distance from one another and their depth also measuring (four A n gulas), and their length amounting to one Vitasti (or twelve A n gulas).
5. Close by the trenches let him light three fires, and having added fuel to them, let him make three oblations (of boiled rice) in each (fire, saying),
6. 'Svadhâ and reverence to Soma, accompanied by the manes.
7. 'Svadhâ and reverence to Agni, who conveys the oblations addressed to the manes.
8. 'Svadhâ and reverence to Yama A n giras.'
9. Then let him offer balls of rice as (ordained) before (in Sûtra 3) on the three mounds of earth (adjacent to the three trenches).
10. After having filled the three trenches with rice, sour milk, clarified butter, honey, and meat, let him mutter (the Mantra), 'This is for you.'
11. This ceremony he must repeat monthly, on the day of his death.
12. At the close of the year let him give food to the Brâhma n as, after having fed the gods first, in honour of the deceased and of his father, grandfather, and great-grandfather.
13. At (the Ekoddish t a belonging to) this ceremony let him perform the burnt-offering, the invitation, and (the offering of) water for washing the feet.
14. Then he must pour the water for washing the feet and the Arghya (water libation) destined for the deceased person into the three vessels containing the water for washing the feet, and the three other vessels containing the Arghya of his three ancestors. At the same time he must mutter
15. Near the leavings he must make (and put) four balls of rice.
16. Let him show out the Brâhma n as, after they have sipped water duly and have been presented by him with their sacrificial fee.
17. Then let him knead together the ball of the deceased person with the three balls (of the three ancestors), as (he has mixed up) his water for washing the feet and his Arghya (with theirs).
18. Let him do the same (with the balls placed) near the three trenches.
19. Or (see Sûtra 12) the Sapi nd îkara n a must be performed on the thirteenth, after the monthly S râddha has been performed on the twelfth day.
20. For S ûdras it should be performed on the twelfth day, without Mantras.
21. If there be an intercalary month in that year, he must add one day to the (regular days of the) monthly S râddha.
22. The ceremony of investing women with the relationship of Sapi nd a has to be performed in the same manner. Later, he must perform a S râddha every year, while he lives, (on the anniversary of the deceased relative's death).
23. He, for whom the ceremony of investing him with the, relationship of Sâpi nd a is performed after the lapse of a year, shall be honoured by the gift, (on each day) of that year, of food and a jar with water to a Brâhma n a.
The Insitutes of Vishnu CHAPTER THIRTY TWO
Divisions 821-850
INSTITUTES OF VISHNU 22
821.
1. The impurity of a Brâhma n a caused by the birth or death of Sapindas lasts ten days.
2. In the case of a Kshatriya (it lasts) twelve days.
3. In the case of a Vai s ya (it lasts) fifteen days.
4. In the case of a S ûdra (it lasts) a month.
5. The relationship of Sapi nd a ceases with the seventh man (in descent or ascent).
6. During the period of impurity oblations (to the Visvedevâs), gifts and receiving of alms, and study have to be interrupted.
7. No one must eat the food of one impure (unless he be a Sapi nd a of his).
8. He who eats but once the food of Brâhma n as or others, while they are impure, will remain impure as long as they.
9. When the (period of) impurity is over, he must perform a penance (as follows):
10. If a twice-born man has eaten (the food) of a member of his own caste, while the latter was impure, he must approach a river and plunge into it, mutter the (hymn of) Aghamarsha n a three times, and, after having emerged from the water, must mutter the Gâya tr î one thousand and eight times.
11. If a Brâhma n a has eaten the food of a Kshatriya, while the latter was impure, he is purified by performing the same penance and by fasting (on the previous day).
12. (The same penance is ordained for) a Kshatriya who has eaten the food of a Vai s ya, while the latter was impure.
13. (The same penance is ordained for) a Brâhma n a (who has eaten the food) of an impure Vai s ya; but he must fast besides during the three (previous) days.
14. If a Kshatriya or a Vai s ya (have eaten the food) of a Brâhma n a or a Kshatriya respectively, who were impure, they must approach a river and mutter the Gâyatrî five hundred times.
15. A Vai s ya, who has eaten the food of a Brâhma n a, while the latter was impure, must (go to a river and) mutter the Gâyatrî one hundred and eight times.
16. A twice-born man (who has eaten the food), of a S ûdra, while the latter was impure must (go to a river and) perform the Prâ g âpatya (penance).
17. A S ûdra (who has eaten the food) of an impure man of a twice-born caste must bathe (in a river).
18. A S ûdra (who has eaten the food) of another S ûdra, while the latter was impure, must bathe (in a river) and drink Pañ k agavya.
19. Wives and slaves in the direct order of the castes (i. e. who do not belong to a higher caste than their lord) remain impure as long as their lord.
20. If their lord is dead (or if they live apart from him, they remain impure) as long as (members of) their own caste.
21. If Sapi nd as of a higher caste (are born or have died) the period of impurity has for their lower caste relations the same duration as for members of the higher caste.
22. A Brâhma n a (to whom) Sapi nd as of the Kshatriya, Vai s ya, or S ûdra castes (have been born or have died) becomes pure within six nights, or three nights, or one night, respectively.
23. A Kshatriya (to whom Sapi nd as of the) Vai s ya or S ûdra castes (have been born or have died) is purified within six and three nights, respectively.
24. A Vai s ya (to whom Sapi nd as of the) S ûdra caste (have been born or have died) becomes pure within six nights.
25. In a number of nights equal to the number of months after conception, a woman is purified from an abortion.
26. The relatives of children that have died immediately after birth (before the cutting of the navel-string), and of still-born children, are purified at once.
27. (The relatives) of a child that has died before having teethed (are also purified) at once.
28. For him no ceremony with fire is performed, nor offering of water.
29. For a child that has teethed but has not yet been shorn, purity is obtained in one day and night;
30. For a child that has been shorn but not initiated, in three nights;
31. From that time forward (i.e. for initiated persons) in the time that has been mentioned above (in Sûtra 1 seq.)
The Insitutes of Vishnu CHAPTER THIRTY THREE
Divisions 851-880
INSTITUTES OF VISHNU 22
851.
32. In regard to women, the marriage ceremony is (considered as their) initiation.
33. For married women there is no impurity for the relatives on the father's side.
34. If they happen to stay at their father's house during childbirth or if they die there, (their distant relatives are purified) in one night, and their parents (in three nights).
35. If, while the impurity, caused by a birth lasts,
[26. 'The meaning is, that the relatives of such children do not become impure.' (Nand.)
28. 'The meaning is, that he must not be burnt.', (Nand.)
32. The import of this Sûtra is this, that the full period of impurity is ordained on the death of women also, in case they were married, as the marriage ceremony takes with them the place of the initiation of males.]
another impurity caused by childbirth intervenes, it ends when the former impurity terminates.
36. If it intervenes when one night (only of the period of impurity remains, the fresh impurity terminates) two days later.
37. If it intervenes when one watch (only of the last night remains, the impurity ends) three days later.
38. The same rule is observed if a relative dies during a period of impurity caused by the death (of another relative).
39. If a man, while staying in another country, hears of the birth or death (of a relative), he becomes purified after the lapse of the period still wanting (to the ten days).
40. if the period of impurity, but not a whole year, has elapsed, (he is purified in one night.)
41. After that time (he is purified) by a bath.
42. If his teacher or maternal grandfather has died, (he is purified) in three nights.
43. Likewise, if sons other than a son of the body have been born or have died, and if wives who had another husband before have been delivered of a child or have died.
44. (He becomes pure) in one day, if the wife or son of his teacher, or his Upâdhyâya (sub-teacher), or his maternal uncle, or his father-in-law, or a brother-in-law, or a fellow-student, or a pupil has died.
45. The impurity has the same duration (as in the cases last mentioned), if the king of that country in which he lives has died.
46. Likewise, if a man not his Sapi nd a has died at his house.
47. The relatives of those who have been killed by (falling from) a precipice, or by fire, or (have killed themselves by) fasting, or (have been killed by) water, in battle, by lightning, or by the king (on account of a crime committed by them), do not become impure;
48. Nor do kings (become impure) while engaged in the discharge of their ditties (such as the protection of their subjects, the trial of lawsuits, &c.)
49. Devotees fulfilling a vow (also do not become impure);
50. Nor do sacrificers engaged in a sacrificial ceremony;
51. Nor workmen (such as carpenters or others) while engaged in their work;
52. Nor those who perform the king's orders, if the king wishes them to be pure.
53. Nor (can impurity arise) during the installation of the monument of a deity, nor during a marriage ceremony, if those ceremonies have actually begun;
54. Nor when the whole country is afflicted with a calamity;
55. Nor in times if great public distress (such as an epidemic or a famine).
56. Suicides and outcasts do not cause impurity or receive offerings of water.
57. On the death-day of an outcast a female slave of his must upset a pot with water with her feet, (saying, 'Drink thou this.')
58. He who cuts the rope by which (a suicide) has hung himself, becomes pure by performing the Taptak rikkh ra ('hot penance').
59. So does he who has been (in any way) concerned with the funeral of a suicide;
60. And he who sheds tears for such.
61. He who sheds tears for any deceased person together with the relations of the latter (becomes pure) by a bath.
62. If he has done so, before the bones (of the deceased) had been collected, (he becomes pure) by bathing with his apparel.
The Insitutes of Vishnu CHAPTER THIRTY FOUR
Divisions 881-910
INSTITUTES OF VISHNU 22
881.
63. If a member of a twice-born caste has followed the corpse of a dead S ûdra, he must go to a river, and having plunged into it, mutter the Aghamarshana three times, and then, after having emerged from it, mutter the Gâyatrî one thousand and eight times.
64. (If he has followed) the corpse of a dead member of a twice-born caste is ordained, but he must mutter the Gâyatrî) one hundred and eight times only.
65. If a S ûdra has followed the corpse of a member of a twice-born caste, he must bathe.
66. Members of any caste, who have come near to the smoke of a funeral pile, must bathe.
67. (Bathing is also ordained) after sexual intercourse, bad dreams (of having been mounted upon an ass, or the like), when blood has issued from the throat, and after having vomited or been purged;
68. Also, after tonsure of the head;
69. And after having touched one who has touched a corpse (a carrier of a corpse), or a woman in her courses, or a K â nd âla (or other low-caste persons, such as S vapa k as), or a sacrificial post;
70. And (after having touched) the corpse of a five-toed animal, except of those kinds that may be eaten, or their bones still moist with fat.
71. In all such ablutions he must not wear his (defiled) apparel without having washed it before.
72. A woman in her courses becomes pure after four days by bathing.
73. A woman in her courses having touched another woman in her courses, who belongs to a lower caste than she does, must not eat again till she is purified.
74. If she has (unawares) touched a woman of her own caste, or of a higher caste than her own, she becomes pure at once, after having taken a bath.
75. Having sneezed, having slept, having eaten, going to eat or to study, having drunk (water), having bathed, having spat, having put on his garment, having walked on the high road, having discharged urine or voided excrements, and having touched the bones no longer moist with fat of a five-toed animal, he must sip water;
76. Likewise, if he has talked to a K ândâla or to a Mle kkh a (barbarian).
77. If the lower part of his body, below the navel, or one of his fore-arms, has been defiled by one of the impure excretions of the body, or by one of the spirituous liquors or of the intoxicating drinks (hereafter mentioned), he is purified by cleansing the limb in question with earth and water.
78. If another part of his body (above the navel) has been defiled, (he becomes pure by cleansing it) with earth and water, and by bathing.
79. If his mouth has been defiled (he becomes pure) by fasting, bathing, and drinking Pañ k agavya;
80. Likewise, if his lip has been defiled.
81. Adeps, semen, blood, dandruff, urine, fæces, earwax, nail-parings, phlegm, tears, rheum, and sweat, are the twelve impure excretions of the body.
82. Distilled from sugar, or from the blossoms of the Madhûka. (Mâdhvi wine), or from flour: these three kinds of spirituous liquor have to be discerned; as one, so are all: none of them must be tasted by the twice-born.
83. Again, distilled from the blossoms of the Madhûka tree (Madhûka wine), from molasses, from the fruits of the T a n ka (or Kapittha tree), of the jujube tree, of the Khar g ûra tree, or of the breadfruit tree, from wine-grapes, from Madhûka blossoms (Mâdhvîka wine), Maireya, and the sap of the cocoanut tree:
84. These ten intoxicating drinks are unclean for a Brâhma n a; but a Kshatriya
