মনুস্মৃতি – অধ্যায় ০৮

201. He who obtains a chattel in the market before a number (of witnesses), acquires that chattel with a clear legal title by purchase.
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).
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.
204. If, after one damsel has been shown, another be given to the bridegroom, he may marry them both for the same price; that Manu ordained.
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.
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.
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).
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? 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.
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.
211. By the application of these principles the allotment of shares must be made among those men who here (below) perform their work conjointly.
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).
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.
214. Thus the lawful subtraction of a gift has been fully explained; I will next propound (the law for) the non-payment of wages.
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.
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.
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.
218. Thus the law for the non-payment of wages has been completely stated; I will next explain the law concerning men who break an agreement.
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,
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.
221. A righteous king shall apply this law of fines in villages and castes (gati) to those who break an agreement.
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.
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).
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).
225. But that man who, out of malice, says of a maiden, ‘She is not a maiden,’ shall be fined one hundred (panas), if he cannot prove her blemish.
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.
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).
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.
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.
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).
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).
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).
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.
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.
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.
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.
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.
238. If the cattle do damage to unfenced crops on that (common),
the king shall in that case not punish the herdsmen.
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.
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.
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.
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.
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.
244. To these rules a righteous king shall keep in (all cases of) transgressions by masters, their cattle, and herdsmen.
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.
246. Let him mark the boundaries (by) trees, (e.g.) Nyagrodhas,
Asvatthas, Kimsukas, cotton-trees, Salas, Palmyra palms, and trees with milky juice,
247. By clustering shrubs, bamboos of different kinds, Samis,
creepers and raised mounds, reeds, thickets of Kubgaka; thus the boundary will not be forgotten.
248. Tanks, wells, cisterns, and fountains should be built where boundaries meet, as well as temples,
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,
250. Stones, bones, cow’s hair, chaff, ashes, potsherds, dry cowdung, bricks, cinders, pebbles, and sand,
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).
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.
253. If there be a doubt even on inspection of the marks, the settlement of a dispute regarding boundaries shall depend on witnesses.
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.
255. As they, being questioned, unanimously decide, even so he shall record the boundary (in writing), together with their names.
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.
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).
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.
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.
260. (Viz.) hunters, fowlers, herdsmen, fishermen, root-diggers,
snake-catchers, gleaners, and other foresters.
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.
262. The decision concerning the boundary-marks of fields, wells,
tanks, of gardens and houses depends upon (the evidence of) the neighbours.
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.
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).
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.
266. Thus the law for deciding boundary (disputes) has been fully declared, I will next propound the (manner of) deciding (cases of) defamation.
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.
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.
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.
270. A once-born man (a Sudra), who insults a twice-born man with gross invective, shall have his tongue cut out; for he is of low origin.
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.
272. If he arrogantly teaches Brahmanas their duty, the king shall cause hot oil to be poured into his mouth and into his ears.
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).
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.
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).
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.
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.
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.
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.
280. He who raises his hand or a stick, shall have his hand cut off; he who in anger kicks with his foot, shall have his foot cut off.
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.
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.
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.
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.
285. According to the usefulness of the several (kinds of) trees a fine must be inflicted for injuring them; that is the settled rule.
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).
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).
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).
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.
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.
291. When the nose-string is snapped, when the yoke is broken,
when the carriage turns sideways or back, when the axle or a wheel is broken,
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).
293. But if the cart turns off (the road) through the driver’s want of skill, the owner shall be fined, if damage (is done), two hundred (panas).
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).
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.
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.
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).
298. For donkeys, sheep, and goats the fine shall be five mashas;
but the punishment for killing a dog or a pig shall be one masha.
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,
300. But on the back part of the body (only), never on a noble part; he who strikes them otherwise will incur the same guilt as a thief.