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

S. II. 8. 22. ] WITNESSES 41
M. p. 80 ll. 2-11 ]
Yājñavalkya ( II 83 ) states that in some cases witnesses may depose falsely
and declares the penance therefor :
Where a man of the four castes would be liable to suffer death ( if the
truth were told ), there a witness may depose falsely; for purification from
that ( sin of falsehood ) an oblation of cooked rice should be offered to
Sarasvatī by the regenerate classes ¹
Viṣṇu ( S 17 ) prescribes the penance for a śūdra ( deposing falsely ) ' a
śūrad should give one day's fodder for ten cows ' Ārhāhikam means ' as
much as would be sufficient to feed them one day '
Here ends the section on witnesses
Now begins the section on ordeals §
That (an ordeal) determines a matter which cannot be decided by means
of human proof It is of two kinds according as it determines at once or
after some time Bṛhaspati ( p. 315 vv 45 ) mentions the varieties of the
first kind of ordeal ;

• Balance, fire, water, poison, kosa ( sacred libation of water ) as the
  fifth, the sixth is declared to be rice, seventh is a hot piece of gold, the
  eighth is the ploughshare and the ninth is known as springing from
  dharma.
  Yājñavalkya ( II. 95 ) declares that the first five are to be resorted to only
  in cases where the matter charged is of great value or is of a serious nature :
  These ordeals, viz balance, fire, water, poison, kosa are meant for
  clearing ( persons ) of serious charges ( or in valuable matters ), when the
  complainant ( or plaintiff ) declares himself ready to undergo fine ( follow-
  ing on a defeat in the trial by ordeal )
  S'īrṣakasthe ² means ' who undergoes the fine consequent upon defeat. '
  Pitāmaha says :
  ( The judge ) should prescribe the balance and the other ( four )
  ordeals for those who are proceeded against ( or complained against ) with
  assurance The ordeal of grains of rice and kos'a ( ordeal ) are to be
  employed in cases of doubt ( as to whether the defendant is the person
  who committed the wrong )

1. Sarasvatī being the goddess of speech it was appropriate that an offering should
   be made to her for deposing falsely. Compare Manu 8. 105.
2. The word ' S'īrṣakasthe ' is thus explained. S'īrṣam means the head i. e. the
   fourth stage of a judicial proceeding ( viz. the final judgment ) It therefore indicates
   fine which is imposed on the defeated party. Therefore the word means ' one who offer
   to undergo the fine of defeat '.

• P. 45 ( text ). § Both Stokes and Mandlik omit the treatment of ordeals.
  V. M. 6