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

ORDEALS 43
An ordeal) may be resorted to in cases of sedition and in ( grave) sins¹
( Yāj II 96. ),
Nārada says :
An ordeal without an undertaking to pay a fine may be prescribed for
those who are suspected by kings (as offenders), who are pointed out by
thieves ( as their associates ) and who are intent on clearing themselves
An oath is divine proof which determines a cause after a time Nārada ( p
100 vv 248 and 250 for first verse and last half ) enumerates its varieties .
Truth², riding animals and weapons, kine, grains and gold, the feet of
a deity and one's father ( or ancestors ), one's gifts and meritorious
actions ( these may be sworn by ) One may ( solemnly ) touch the head
of one's sons, wife or friends ( by way of oath ) or in charges of all
kinds ( whether serious or trivial ) the drinking of kos'a ( sacred water )
may be prescribed These are proclaimed by Manu as oaths ( to be
resorted to ) in trifling matters
Kos'a, though it determines ( a dispute ) after the lapse of time, was enume-
rated among the first series ( i e among tulā &c above that decide a matter
immediately ), since it can be resorted to in serious charges also Yājñavalkya
( II 96 ) says :
One of the two may undergo ( the ordeal ) if he likes, while the other
may undertake to pay the fine ( in case of defeat by ordeal )
*This option can apply only if the complainant ( or plaintiff ) so desires, but
if he be unwilling, ordeals are to be prescribed for the accused (or defendant)³
alone, according to the dictum of Kātyāyana quoted in the Divya-tattva⁴ :
No one should ask the plaintiff or complainant to undergo ordeal ; those
who are adepts in ordeals should offer ordeals to him who is the defendant
( or accused ).
Now ( begins ) the treatment of ( the topic of ) those who are fit ( to
undergo ordeals ) Yājñavalkya ( II 98 ) says •

1. Yaj uses the general word pātaka and not paradārābhiśāpa ( which [is a particular
   sin ) when prescribing an ordeal without fine, hence in the Kālikāpurāna also the word
   paradārābhiśāpa is merely illustrative and includes other grave sins also (like brahmahatyā),
   2 With the first verse, compare Manu 8 113 'Satyena &c ' cited above Truth
   is to be taken with Brāhmanas, riding animals and weapons with Ksatriyas, kine &c
   with Vais'yas. Any one may swear by the feet of his ancestors or of a deity The verse
   ' he may touch &c ' does not occur in the printed Nārada Compare Manu 8 114.
   3 The general rule as stated by Kātyāyana above was that the complainant ( or
   plaintiff ) was not to undergo a divya, but that it was the accused or defendant who was to
   do so But if the complainant chose he could himself undergo the ordeal and the defendant
   or accused may then undertake to pay the fine.
2. This is one of the works of Raghunandana,

• P, 47 ( text )