व्यवहारमयूख (नीलकण्ठ भट्ट - पश्चिमी भारत की हिन्दू न्याय-संहिता एवं व्यवहार कोष)

S. III. 8-4 ORDEAL OF DHARMA 76
Mr p. 80 l. 23-p. 91-l.11]
from the jar one of the two (clay balls) 'If dharma is taken out (by
him), -he is (declared) innocent Then he should distribute gifts.
Now (begin) oaths.
Manu (8 113) says :—
A brāhmaṇa should be made (this occurs above p 39).
Bṛhaspati (p 315 vv 6--7) says¹:—
*Truth, riding animals and weapons, cows, seeds and gold, the feet
of gods and brāhmaṇas, the heads of one's sons and wife, these are said
to be (the forms of) oaths always ready at hand where the matter (in
dispute) is small (not serious) In the case of sāhasas (heinous offences
or offences accompanied with force) and accusations (of mortal sins)
ordeals are said to be the means of purification (i e. of establishing
innocence)
Yājñavalkya (II 113) says :--
There is no doubt that that man is pure on whom no formidable cala-
mity due to God or the king befalls within fourteen days (from the time
of his taking the oath).
Ghoram means 'formidable', as in the Mitākṣarā (it is said) that slight
misfortune cannot be avoided by human beings. Kātyāyana also says :—
*That man who is not visited by any formidable calamity due to God
or the king up to the fourteenth day (from taking oath) is to be regarded
as pure by his oath
Vyasanam means 'misfortune' Ghoram means 'causing great affliction'.
since Vācaspatimiśra³ and Smārtabhaṭṭācārya (i e Raghunandana) say
that slight affliction is characteristic of (human) bodies Kātyāyana again
says ----
If within two weeks (from taking oath) there is contradiction (with
the oath) shown by misfortune, he (the king) should by all means make
the person charged to deliver the subject matter (of dispute) and a fine.
If to the man alone (who takes oath or performs ordeal) and not to all
alike, befall disease, fire, or the death of a near relative, he should be
made to pay the debt and a fine Fever, dysentery, boils, great pains in

1. Compare with these Nārada (ṛṇādāna 248--250) quoted above on p 43.
   2 Vide the Indian Oaths Act (X of 1873) for modern provisions as to oaths and
   affirmations
   3 Vācaspatimiśra wrote several works on dharma styled Cintāmaṇi, his Vivāda-
   cintāmaṇi being a work of great authority in Mithilā He flourished towards the latter
   half of the 15th and in the first quarter of the 16th century. Vide 'History of dharma-
   s'āstra' pp 399--405.
   *P. 88 ( text ),