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

S. XIX. 6-7.
M. p.150 l. 12-p. 151 l. 8 ] ADULTERY ' 267
*This refers to a woman of the same caste The same author (Manu VIII.
385) says as regards anuloma intercourse with women of loose character:
A brāhmaṇa having intercourse with a kṣatriya or vaiśya woman who
is unguarded or with a śūdra woman should be fined five hundred panas
and a thousand panas if he has intercourse with a woman of the antyaja
class.¹
As to the text of Manu (VIII 383) 'a brāhmaṇa should be made to pay
a fine of a hundred panas, if he has intercourse with guarded women of the
two classes (kṣatriya or vaiśya),' it refers to a chaste woman. Manu
(VIII. 374) declares the punishment of a śūdra for intercourse with a woman
of a higher caste :
A śūdra having intercourse with a woman of the twice-born classes
whether guarded or not shall lose the (offending) limb and his whole estate
when the woman is unguarded and loses everything (including life) if the
woman is guarded.
The meaning is. a śūdra having intercourse with an unguarded woman
of the twice-born class is liable to have his penis cut off and all his property
confiscated, but if he has intercourse with a guarded woman he incurs the
confiscation of all his property and death. Gautama (XII. 2-3) says 'for
adultery with the wife of the preceptor, the man's penis will be cut off and
his whole property will be confiscated, and if the woman be guarded, there
is the additional (penalty of) death.' Manu (VIII 376) says
'When a kṣatriya and vaiśya have sexual intercourse with a brāhmaṇa
woman, who is unguarded, the vaiśya shall be fined five hundred, but the
kṣatriya one thousand.²
The same author (VIII 377) says
✝Both of them (kṣatriya and vaiśya) however, if they commit adultery
with a guarded brāhmaṇa woman, should be punished like a śūdra³ or be
burnt in a fire of dry grass.
The same author (Manu VIII 382) says :
If a vaiśya has intercourse with a guarded woman of the kṣatriya class
or a kṣatriya has intercourse with a vaiśya woman (who is guarded), both
of them deserve the same punishment that is awarded (for intercourse)
with an unguarded brāhmaṇa woman.
The meaning is that the fine is what is inflicted for intercourse with an
unguarded brāhmaṇa woman Vasiṣṭha (21. 3--5) says 'if a kṣatriya has inter-
course with a brāhmaṇa woman, (the king) shall throw him into fire after'

1. Antyaja woman would be a woman of the untouchable classes such as leather
   workers, cāṇḍālas &c Vide notes to V M p 27
2. Read 'yadāguptāṁ' (yadā+aguptāṁ) in the text.
3. i e. with the loss of the penis, all property and life.

• P. 247 (text). ✝ P. 248 (text).

268 VYAVAHĀRAMAYŪKHA [ S. XIX. 7 11. , 1 ,
M. p. 151 l. 2-p. 152 l. 6
having tied him up in leaves of sara grass the same (punishment should be
awarded) if a vaiśya has intercourse with a kṣatriya woman and a śūdra,
with kṣatriya or vaiśya woman. Nārada (p 179-180 vv 73-75) says
The mother the mother's sister mother-in-law maternal uncle's
wife, father's sister the wife of a paternal uncle, of a friend and of a
pupil the sister sister's friend daughter-in-law daughter the wife
of a preceptor a woman of the same gotra a woman who has come
for an asylum or refuge, a queen, a female ascetic a nurse any chaste
woman and a female of the highest caste—when a man has intercourse
with any one of these women he is said to have violated the preceptor's
bed for such a crime no punishment other than excision of the penis is,
ordained (in the smṛtis)¹
Yājñavalkya (III 232-233) also says
One who has intercourse with his father's or mother's sister maternal
uncle's wife or his own daughter-in-law or with his step-mother or
sister or his preceptor's wife, or daughter with his own daughter be-
comes a violater of the preceptor's bed His penis should be cut off and
he should be put to death and the woman also (should be put to death)
if she was full of lust (i e a consenting party)
*This punishment is not to be inflicted on a brāhmaṇa, since Bṛhaspati
in his section on brāhmaṇas says
The king should brand with painful punishments a brāhmaṇa who has
started on the path of having intercourse with another's wife and should
banish him One not a brāhmaṇa deserves for adultery any punishment up
to death.
Śaṅkha-Likhita say 'with whatever member of the body an offender
commits an offence that very member of his should be cut off except in the
case of a brāhmaṇa Yājñavalkya (II 290) declares the punishment for a
brāhmaṇa when he has intercourse with a female slave and the like
A man having intercourse with avaruddhā slaves and bhujiṣyās shall
be made to pay a fine of fifty paṇas even when intercourse with them
may be unobjectionable (on the ground of caste &c.).²
Avaruddhāḥ are those that are forbidden by their master to have
intercourse with other men. Nārada (pp 180-81 vv 78-79) says

1. The V R says that mother means step-mother here. It is to be noted that
   intercourse with a female ascetic is put by Nārada on a par with incest. Manu VIII 363
   treats it on a level with intercourse with wives of actors and singers and punishes it lightly
   Vide also Yāj. II. 293 quoted at the end of the section on adultery
2. The text of Yāj. and the Mayūkha thereon are quoted in 48 Cal. 643 I. R. at p. 651
   and in Yeshwantrao v Kashibai 12 Bom 25 at p. 29 n 5. Vide also Muthura v. Esu 4 Bom
   545 at pp. 549-50 According to the Mit. an avaruddhā is one who is ordered by her master
   to stay at home for service and who is forbidden to have intercourse with other males
   while a bhujiṣyā is a concubine kept by the master himself. Vide Bai Nagubai v Bai
   Monghibai L. R. 53 I A. 153=50 Bom 601 at p. 612 for the meaning of avaruddhā.
   P. 210 (text)

S. XIX. 11-13 ] ADULTERY 269
M. p. 152 ll 7 30 ]
Intercourse is permitted with a wanton woman who belongs to another
than the brāhmaṇa caste, or with a prostitute, a female slave or a female
who has left her family, if these belong to a lower caste; but intercourse
is not permitted with (such) women if they belong to a higher caste.
When, however, such women are kept mistresses (of another man) inter-
course with them is as culpable as with another's wife ¹
The word 'abrāhmaṇī' is an attribute of the word 'svairiṇī'; svairiṇī
means 'one who is independent and has free intercourse with men'; 'niṣ-
kāsinī' is 'a woman who has left her family and has free intercourse with
men.' Yājñavalkya (II. 291) says
If a man has connection with an antyā (untouchable) woman he should
be branded with an obscene mark and banished, similarly a śūdra is
liable to be branded only if he does the same, but if an antya (untouch-
able) have intercourse with an āryā woman death (is the penalty).²
'When the sexual intercourse is wilfully brought about by a woman,
(she being the aggressor) Nārada³ states the punishment for her :
When a woman comes to a man's house and has intercourse with him
after exciting his passion by touching him and the like acts, she should be
punished⁴ and half of her punishment should be inflicted on the man.
Yama prescribes the punishment for women of the brāhmaṇa and other
castes for intercourse with śūdra males or the like :
The king should have that woman devoured by dogs at the place of
the executioners (cāṇḍālas), who, being overpowered by passion, seeks
a śūdra (for intercourse)⁵ That brāhmaṇa woman who resorts to a
vaiśya or kṣatriya (for intercourse) would have her head shaved and shall
be marched on an ass (through the streets)
'Vṛṣala' means 'a śūdra', 'vadhyaghātināḥ' means 'executioners';
the meaning is 'at the place where executioners live'. In the Candrikā
(Smṛti-candrikā) it is said that this fine is inflicted for excessive attachment
(to the paramour) Yājñavalkya (II 283) declares the means of determin-
ing (the fact of) adultery :
A man is to be held (caught) as guilty of adultery by the fact of his
caressing the hair of another's wife or by fresh signs of lust or by the con-
fession of both

1. 'Niṣkāsinī' is explained as 'a female slave not restrained by her master' by
   Mādhavācārya and others The Mayūkha follows the Madanaratna.
2. 'Āryā' woman means 'a woman belonging to the three higher castes' Āp Dh. S
   II. 2. 3. 1 and 4 distinguishes between Ārya and Śūdra The Mit and Vir. read
   'antya eva' which means that the śūdra would himself become an antyaja. The force of
   'eva' is this that he is not liable to be punished.
3. This is Br p 367 v 15
4. Her punishment would be the same as is prescribed for a male who makes the first
   overtures.
   5 Compare Gautama XXIII, 14 and Manu VIII, 371.

• P. 250 (text)

270 [S. XIX. 18-XX. 2
VYAVAHĀRAMAYŪKHA [M. p.152 l. 89-p.153 l.25
From the expression dvayoḥ (occurring in Yāj) it follows that even
if one of the two admits adultery there is no certainty As regards slander
Yājñavalkya (II. 289) says :
For uttering a (true) slander about a woman a man should be fined a
hundred paṇas and two hundred if he makes a false accusation ¹ For inter-
course with beasts he should be made to pay one hundred and one who
has intercourse with a distressed woman (even if she be ones own wife)
or a cow should be fined the middling amercement
Also (Yāj II 293)
If a man has intercourse with a woman in an improper part and if one
voids excrement before a male the fine* is twenty four paṇas and the same
(is the fine) for intercourse with a female ascetic ²
'Dīnām means distressed woman, even one's own wife. The mean-
ing is one who voids excrement and the like before a woman.
-)
Thus ends (the section) on adultery
―――――――――――
Now begins (the section) on duties of husband and wife.
Punishment for the husband s abandoning a wife possessed of good
qualities is thus declared ·³
If a man leaves a wife who is obedient not sharp-tongued skilful,
possessed of virtues and solely devoted to her husband, the king should
place him (on the right track) by means of punishment
Yājñavalkya (I 76) says
He who deserts a wife that carries out his commands, who is diligent,
mother of an excellent son and speaks pleasantly shall be compelled to pay
the third part (of his wealth to her), or if he has no wealth he shall be
compelled to provide maintenance for her ⁴
The same author (Yāj I 77) says with regard to women
Wives should do the bidding of their husbands This is the highest

1. Both the Mit. and Aparārka take strī as meaning maiden here. Nārada (p. 172
   v 34) enumerates the doṣas of maidens as affliction with a chronic or disgusting disease,
   deformity loss of virginity by sexual intercourse, being wicked, having the heart fixed on
   some one else.
2. Nīlakaṇṭha seems to have read puruṣam. But Mit., Aparārka, Par M. and Vīr
   read as in the text.
3. This is Nārada p. 181 v 95
4. This is quoted in Savitribai v Laxmibai 2 Bom. 573 at p. 509 as a mandatory text
   requiring the husband to maintain his wife irrespective of the possession of property
   P 251 (text).

S. XX. 2.-XXI. 3 ] HUSBAND AND WIFE 271
M. p. 150 l.25-p.151 l.15 ]
duty of a wife. Even if the husband be tainted with a deadly sin she
should wait for him till he is purified (by expiations).
Thus ends the section on duties of husband and wife.
*Now begins the (section on) gambling and prize-fighting.¹
Yājñavalkya (II. 201) says.
The king should enforce payment of the stake property won in a public
assembly of bettors presided over by a master (of the gaming house),
when the king's share (in the stake won) has been paid up (by the master)
and not otherwise (when carried on secretly and without sabhika).
'Prasiddhe' means 'not in secret'; 'dhūrtamaṇḍale' means 'in a
gaming house'; 'sabhikaḥ' is the superintendent of gambling appointed by the
king. The meaning is 'the king should enforce payment of what is won in
this manner (indicated in the verse) and nothing else. The same author
(Yaj II. 202) lays down the punishment for him who is guilty of fraud in
gambling :
Men who play with false dice and by tricks should be branded by the
king and banished.²
'Upadhiḥ' means 'a trick or fraud.' Manu (IX 224) declares the
punishment if gambling be carried on without the king's permission :
The king should punish corporally all those who themselves engage in
gambling and prize-fighting or cause (incite) others to do so and also
śūdras who wear the marks of the twice-born ³
'Dvijaliṅgam' (marks of the twice-born) means 'the sacred thread,
uttering the Veda and the like' Yājñavalkya (II. 203) extends the rules about
gambling to samāhvaya (prize-fighting) :
This very law should be understood to apply to prize-fighting in which
there is gambling with animate objects.

1. The difference between dyūta (gambling) and samāhvaya is that the former is carried
   on with inanimate objects (like dice) and the latter with animate objects (such as cocks,
   rams, bulls, buffaloes, and wrestlers). Vide Manu IX. 223, Nārada p. 212 v. 1 and
   Bṛ. 385 v. 3
2. Compare Nārada p. 213 v. 6.
   3 The attitude of Manu towards gambling was rather uncompromising. But Yāj-
   ñavalkya allowed gambling under the supervision of persons appointed by the king as it,
   helped in detecting thieves. Bṛhaspati p. 385 v. 1 says that gambling was prohibited by Manu,
   because it destroys truth, honesty and wealth, but other legislators permitted it when,
   conducted so as to allow the king a share in the stakes.

• P. 252 (text).

272 VYAVAHĀRAMAYŪKHA [ S. XXI. 3-XXII. 1 / M. p. 151 l. 15-p. 155 l. 3
Prāṇidyūta is an attribute of samāhvaya and the meaning is samā-
vhaya which is different from it¹ (only in this that it is gambling with ani-
mate objects).
Thus ends (the section on) gambling and prize-fighting
*Now begins (the section on) miscellaneous matters ²
Yājñavalkya (II 295–296) says
He who either omits or adds anything in writing to the king's edict or
who allows an adulterer or thief to escape shall suffer the highest amerce-
ment. He who defiles a brāhmaṇa, kṣatriya vaiśya, śūdra by feeding
him with food not fit to be eaten should be punished with the highest
amercement the middle amercement, the first amercement and half of
the last respectively.
Abhakṣyam means wine, urine, ordure and the like. The same
author (Yāj. II 297) says
He who deals in false gold (as genuine) who sells unclean meat
should be deprived of a limb and should be made to pay the highest
amercement.
Vimāṁsam means the flesh of cows and the like.³ In the Mitākṣarā it
is said that by the use of the particle ca (and) it follows that mutilation is
also meant (to be an additional) punishment. Similarly (Yāj. II 300)
If the owner of animals with tusks or horns fails to rescue a man (attack-
ed by such animals) though able to do so he should be awarded the
first amercement and double that amount (when he does not rescue) even
though (the victim) cried aloud (for help).
Vikrośah means crying out Manu (VIII 296–298) says
If a human being were killed (by an animal or car through the careless-
ness of the driver) he would at once incur the guilt of a thief. If such
large animals as cows elephants, camels horses and the like were killed
(through rash driving) half (of the highest amercement) was to be inflict-
ed. On the death of minor animals (by rash driving) the fine is two
hundred, but the fine is fifty paṇas when auspicious animals (like deer)
1 It is better to read tad-abhinne for tad bhinne Tad abhinne would
mean that samāvhya is prāṇidyūta and that the rules about the former are not differ-
ent from the latter.
2. Viṣṇu 42. 1 defines prakīrṇaka as what is left unsaid elsewhere. According to Nārada
(p. 214 vv. 1-4) prakīrṇaka comprehends all those matters in which the king acts of his
own motion without any complaint being lodged or a suit being filed and whatever
else that may have been omitted in the preceding titles of law. Vide Bṛhaspati p. 386 v 1
3. Mit. explains vimāṁsa as unclean meat mixed with dog's fish, while
Aparārka explains it as the flesh of the village pig and the like passed off as excellent meat.
P 253 (text)

$\left.{l}S. ABH. 1
\ M. p 155 ll 3 31\right]$ MISCELLANEOUS MATTERS 273
and birds (like pigeons and parrots) are killed. $^$Five māsas is the fine
for one who kills an ass, goat or sheep $^1$ The fine is one māsa for killing
a dog or hog.
It is to be understood that this fine (was to be paid) after paying to
the owner the price of the animal killed. Yājñavalkya (II. 301) says
He who charges the paramour (of a woman in his family) as a thief
should be made to pay a fine of five hundred and he who lets him off after
taking money from him should be fined eight times that (money)$^2$
'Upajīvya' means 'having received.'
The king should banish, after cutting out his tongue, that man who pro-
nounces an imprecation of misfortunes on the king or who runs down the
king or who divulges the king's secret counsels (Yāj. II 302).
'Aniṣṭam' means 'death and the like'; ākrośah means such things
as saying 'may you lose the kingdom'. Manu (IX 275) says:
Men who rob the king of his treasure, men who obstinately oppose his
commands and those who are in league with his enemies should be punished
by various modes of punishment.
Yājñavalkya (II. 303) says
The punishment for him who sells what was on a dead body, likewise
for him who strikes his preceptor, and, for him who seats himself on the
king's vehicle or throne is the highest amercement.
'Mṛtāṅgalagnam' means 'the clothes and the like on dead body.'
The same author (Yāj II 304) says
The punishment for him who puts out both eyes of a man, for him who
obeys one that is hated by the king and for a śūdra who makes his liveli-
hood by passing himself off as a brāhmaṇa is a fine of eight hundred.$^3$
$^\ddagger$The meaning is (the fine) for one who puts out both eyes, who
does an act forbidden by the king and for a śūdra who makes a living by
the mode of life of a brāhmaṇa. In the Mitākṣarā a smṛti is quoted to the
effect that if a śūdra put on the sacred thread for securing a meal at a
śrāddha he should have imprinted on his body with a heated rod a line
resembling (the position of) the sacred thread. The same author (Yaj. II.
305-306) states the punishment for those who wrongly decide litigations
1 Kullūka explains that the fine was five silver māsakas (and not of gold) A silver
māsa was equal to two kṛsnalas. Vide Manu VIII 135.
2. Both Mit and Aparārka explain that he who through fear of infamy to his family
or in order to save from publicity the reputation of his women says of a paramour that
he was a thief was to be fined
3 'Rājadvistādeśakṛt' is explained by the Mit. as one 'who being an astrologer
(and not an elderly relation or friend of the king) makes a prophecy of impending misfortune
as to the king If a śūdra, in order to secure a meal, wears the sacred thread and the like
he was to be punished.
$^$ P 254 (text). $^\ddagger$ P. 255 (text)
V M 35

274 VYAVAHĀRAMAYŪKHA [ S. XXII 1.
M. p. 155 l. 34-p. 156 l. 21
Having again investigated (i. e. reviewed) those litigations that were
wrongly decided assessors (and also judges) together with the party (de-
clared by them to be) successful should be fined by the king twice the
amount (that was) in dispute.¹ If a man who was justly defeated (in a
litigation) still thinks 'I am not rightly declared to be the losing party' and
again comes to court he when again defeated shall be made to pay a
double fine.
Here (in all verses about fines) the mention of a number without ex-
press statement of the object (to which the number refers) is to be under-
stood as referring to paṇas. Paṇa is a piece of copper equal to a karṣa
from (the verse) of the lexicon (of Amarasiṁha) 'a paṇa is the word applied
to a copper piece equal to one karṣa.'² A karṣa is a fourth part of pala. And
a paṇa is (in value) as defined by Bhāskarācārya³ '20 cowries make a kākiṇī
and four kākiṇīs make a paṇa.' As regards the fines designated the highest
and the like Yāj. (I 366) says
The highest fine is a fine of 1080 paṇas, the middling one is half of it
and half of this last is declared to be the lowest.
Moreover in case it is impossible to award adequate punishment for
offences already described by means of the fines of the indicated magnitude
(by Yāj.) even a greater fine may be inflicted as Āpastamba says 'they say
that daṇḍa is so called because it represses; by means of it the king should
repress those who are not repressed.'⁴ So also Nārada (p. 215 vv 10--11)
states a special rule when the punishment is confiscation of all property:

• 'The weapons of soldiers the beasts of burden and the like of carriers
  of goods the ornaments of prostitutes the various musical instruments
  of professional musicians and whatever is a tool for anybody and by
  which artisans acquire their livelihood—all these a king is not entitled to
  to take even when he confiscates the entire property.'⁵
  Yājñavalkya (II 307) states what is to be done with a fine levied unjustly:
  1 Vivādāt &c. may also mean 'twice the amount of the fine that was inflicted in
  the litigation that was wrongly decided.'

2. This occurs in the Amarakośa 2nd kāṇḍa, vaiśyavarga. Amara says that five
   guñjās were equal to one māṣa, 16 māṣas were equal to karṣa and four karṣas made one pala:
   two things are stated about a paṇa viz. its weight as copper and its price.
3. This is part of verse 2 in Bhāskarācārya's Līlāvatī where a table of values is given
   viz. 20 cowries = a kākiṇī, 4 kākiṇīs = a paṇa, 16 paṇas = a dramma, 16 drammas
   = a niṣka.
   4 This is really Gautama XI 28. The derivation of daṇḍa from dam- is ascribed
   in the Nirukta to Aupamanyava (II 2).
   5 The principle underlying these verses has been accepted in modern times in the
   execution of decrees by attachment and sale. Vide section 60 proviso b of the Civil Proce-
   dure Code (of 1908).
   P 2.5 (text)

S XXII 1 ] MISCELLANEOUS MATTERS 275
M p 156 ll 24 39 ]
The fine that has been obtained by a king unjustly should be offered
by him to Varuṇa making it thirty times as much and should be distribut-
ed by himself among brāhmaṇas ¹
The meaning is let him first mentally offer thirty times as much to
Varuṇa and then let him give the money to brāhmaṇas.
Thus ends ( the section on ) miscellaneous matters
In the madhyadeśa (middle regions of India) famous for meritorious
actions and situated in the vicinity of the auspicious confluence of the Carman-
vatī (Chambal) with the Yamunā, stands the famous city of Bhareha, where
rules the king Bhagavantadeva who is devoted to the lotus-eyed god (Viṣṇu)
Thus ends the Vyavahāramayūkha (ray of judicial matters) in the (work)
Bhagavadbhāskara composed by bhaṭṭa Nīlakaṇṭha, who was com-
manded by Bhagvantadeva, the lord of kings, an ornament of the
Saṅgara race, (Nīlakaṇṭha) who was the son of bhaṭṭa Śaṅkara,
the head jewel of paṇḍitas, and the leader among those
who had crossed beyond the ocean of the Mīmāṁsā
system and the son of the learned bhaṭṭa
Nārāyaṇa styled jagad-guru
1 Manu (IX 244-245) gives the reason of this procedure Varuṇa is the divine
lord of punishment who rules over kings and a brāhmaṇa who has fully mastered the Vedas
is lord of the world Varuṇa is styled 'rājan' in the Ṛgveda and is regarded as noting the
good and evil deeds of men Vide Ṛgveda VII 49 3

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GENERAL INDEX
N. B The figures refer to pages. Important Sanskrit words
and the names of Sanskrit works and authors are put
in italics
Abettors, who are, 260
Abhidhāna, lexicon, 5
Abhiśāra, charge of a grave crime or wrong
42
Abhiśasta, charged with the commission of a
grave sin 42
Abhiyoktṛ, complainant or plaintiff 41.
Abuse, 251-253.
of three varieties, 251
Ācarita, mode of recovering debt, explained
210
Acquirer, double share of, when wealth ac-
quired with detriment to paternal estate
137.
gets two shares 169.
Act VII of 1866 (Bombay), 214n 4, 218n 1.
Act V of 1879 (Bombay), 216n 2.
Act XXI of 1850, 191n 3.
Act VI of 1878, 229n 3.
Act IV of 1893, 141n 2
Act XII of 1928, does not apply to cases
governed by the Dāyabhāga 191n 3
recognises only lunacy and idiocy from
birth as grounds of exclusion from inheri-
tance, 191n 3
Act II of 1929, does not affect sister's position
in Bombay 162n
Act XXX of 1930, 135n 2
Ādhāna, making a pledge or mortgage 224.
Ādhi, pledge or mortgage with possession
often a synonym of bandha 197n 3
varieties of 202.
Ādhibhoga, a kind of interest 198n 1
Ādhilekhya, deed of mortgage or pledge, 23
Ādhivedanika, kind of strīdhana, 93n 1
defined 177n 1, 178
Adhyagni, kind of strīdhana, defined 177.
Adhyāvāhanika, kind of strīdhana, defined
176, 177n 3
Ādityas, twelve, 48
Ādityapurāṇa, 193n 7
Adopted son, cannot succeed to his maternal
grand-father in natural family 123n 1.
even among s'ūdras gets, according to Bom-
bay, one-fourth when natural son born sub-
sequently, 116n 4
gets equally with aurasa son among s'ūdras
in Bengal and Madras 116n 1.
is divested, on adoption, of property which
is absolutely his but is ancestral, according
to Bombay decisions 121n 2
not divested of property which is absolute-
ly his, though ancestral, at time of adoption
according to Madras and Calcutta 121n 2,
122n
should perform the s'rāddha and other
rites of his adoptive father alone 123
succeeds lineally as well as collaterally in
adoptive family 128n 1.
succeeds to the brother of his adoptive
mother 128n 1.
Adoption, a brāhmaṇa can take kṣatriya boy
in, according to Medhātithi 107
all consequences that are due to connection
with the piṇḍa in the case of the natural
father, cease on 122n
by man having a grandson suffering from
congenital and incurable dumbness in-
valid, according to Bombay 109n 3
by unmarried man valid 109n 3
dattahoma, whether absolutely necessary
for validity of 110n 2.
by Kanoja Brāhmaṇa widow without datta-
homa held invalid when boy of different
gotra 110n 2
eldest son could not be given in, accord-
ing to ancient and mediaeval writers 132.
eldest son could not be given in, accord-
ing to Vijñāneśvara 107.
of oldest son allowed by decided cases
107n 5.
even of one of the same gotra must be be-
fore marriage (in Madras) 120n.
even of a s'ūdra not allowed after marriage
(in Madras) 120n.
father alone can give in 104,
A

278 VYAVAHĀRAMAYŪKHA
gotra of natural family has to be consider-
ed in marriage even after 128n.
Hindu, who has become Mahomedan, can
give his son in 101n 1.
Involves a complete severance of child ad-
opted from the family of birth 104n 1.
is made for spiritual purposes and has an
unseen result 105n 4.
mother alone can give in when father not
living 104.
of a daughter by a brāhmaṇa held invalid
106n 2.
of girl not allowed by Mayūkha 106
of married asagotra boy allowed in Bombay
Presidency 120n.
of a married man having a son, does not
transfer that man's son to the adoptive
family 120n
of an only son held invalid at one time by
the courts 111, 111n 4.
of an only son now held valid 111n 4
of daughter's, sister's, mother's sister's
son prohibited to three higher castes accord-
ing to all High Courts 118n.
of daughter's and sister's son allowed to
brāhmaṇas and others by Dvaitanirṇaya
114n.
of daughter's or sister's son held valid by
custom even among brāhmaṇas 118n.
of son valid, even though wife of adopter
pregnant at the time 109n 3.
remarried widow cannot give in her son
from first husband 101n 1.
requires actual giving and taking of boy
101n 1
rites of, described 131 133
sanction of Government not necessary to,
by Kulkarni 116n 8
who may be given in 131.
who may give in 131 132.
widow's power of comes to an end when
118n 1.
Adṛṣṭa unseen result of a religious act 91n
1 131.
Adultery 265-270.
by fraud, punishment for 264.
with certain women relatives held to be a
mahāpātaka (mortal sin) 266.
Adverse possession, property acquired by a
woman by whether strīdhana 177n.
Āgama, mode of acquisition of a document
&c. 27
Agamyāḥ meaning of 42, 42n 1.
Agents, to conduct litigation, when allowed 11
" " when not allowed 11.
Agnipurāṇa 74n 4.
Aitareya-brāhmaṇa 69n 3, 143n 2, 196n 1.
Ājñāpatra, document of command 26.
Ājyabhāga, 133n 3.
Ājyotpavana 133n 1.
Ākara, original and authoritative works on
a śāstra 130n 4
Akramoḍhā meaning of, 191, 191n 1.
Ākṣepa reproving (female slaves etc.) 80.
Ākula, a kind of faulty reply (Inconsistent)
16.
Amara, author of a lexicon 82, 84, 92, 274
Amātya, councillor qualifications of ;
must belong to one of the three regenerate
castes 4
Amendment of plaint, allowed until reply of
defendant is presented 18.
Ananyāśritadravyaḥ meaning of, 218n 1
Anapākarma, not giving 2.
Aṅga, subsidiary matter 105n 4
Aṅgula equal to eight yavas or three grains
of rice placed lengthwise 61
Annals, of Bhandarkar Institute 114n 2.
Antecedent debt, meaning of 216n 1
Anupalabdhi a means of proof 28n 2.
Anurāga, meaning of 1 0n 2.
Anuśayaḥ rescission 2.
Anuvāda a variety of arthavāda 51n 3, 117n
2 169n 2, 181n 3 231 232n
Anuvādaka that merely repeats (what is
already well known) n 3.
Anurūdhya, subject 79 79n 2.
Anvādhāna placing of fuel sticks on con-
secrated fire 109
Anvādheya kind of strīdhana 178, 165n.
Anvādhīpatra, deed of submortgage 21
Antāhita meaning of, 209n 3, 210 213n 3.
Antraya method of 1 1n 5
Āpad meaning of 105n 1
Aparārka 15n 1 and 2 16n 1 19n 1 31n 4
&c
Āpastamba-dharma-sūtra 20n 1 111n 2 166,
104n 5 212n 1, 251n 3, 269n 2.
Āpastamba-gṛhya-sūtra 109n 1 110n 1.
Āpastamba-śrauta-sūtra 133n 3.
Apariddha a kind of secondary son, 101.
Apaviddhaḥ meaning of 193, 193n 1
Apostate, from the order of ascetics, if a
brāhmaṇa, was to be banished according

GENERAL INDEX 279
to Kātyāyana 286n 3
from the order of ascetics became a slave
of the king 286n 3
Aprasiddha, a fault in a plaint 13
Apratibandha (dāya) defined 86
Apratiṣṭhitā meaning of 155.
Apūpa, preparation of flour and ghee 148n 1.
Arbitrators punished if cheating through
friendship or covetousness 257
Arghya, water offered by way of honour 49n 1
Arjuna, marriage of, with Subhadrā discuss-
ed 128-129, 128n 1
Ārṣa, form of marriage, 189n 1
Arthaśāstra, science of politics 6
rule in conflict of, with Dharmaśāstra 6
Arthavāda, expatiates upon a vidhi 79n 1,
262n 1
indicated by particles like 'vā' or 'vai'
262n 1
three varieties of 282n
Artisan, liability of, for loss of materials
given for being manufactured 225
Asādhya, incapable of proof (plaint) 13
Asahāya, 103n 1, 208n 2
Asāra, a kind of faulty reply (opposed to
reason, or void of substance) 15
Ascetic, heir of 167.
punishment for sexual intercourse with
female 268n 1
Āsedha, restraint or arrest, 9
four kinds of 9
persons who are exempt from 9
punishment for breaking 9,
restraint by king's order 212
Āśramas, four 167n 1.
Assault 253-255
Astrologers, liable to fine 256
Āsura, form of marriage, defined 189n 1
not approved even for śūdras 189n 1
Āśvalāyana 146.
Āśvalāyana-gṛhya-sūtra, 49n 5, 88n 1
Āśvalāyana-śrauta-sūtra, 111n 2, 188n 2
Atadguṇasaṁvijñāna, kind of bahuvrīhi 146n
4.
Ātatāyin, who is 261, 261n 4
who is, not a brāhmaṇa, may be killed in
self-defence or if he steals a field or carries
away one's wife 262.
Atharvaveda, 261n 4
Atibhūri, a kind of faulty reply (very pro-
lix) 15
Atideśa, principle of 51n 3.
Ātmabandhus, 164.
preferred to pitṛbandhus 164
Attestation, on a document, how made 25.
of an illiterate witness 25.
Atyalpa, a kind of faulty reply (very con-
cise) 15
Aupamanyava 274 n 4.
Aurasa, meaning of 108
Avadāna offering 49.
Avakraya, delivery to another for hire 224
Avaruddhā, meaning of, 158 n, 268, 268 n, 2
Āvasathya, gṛhya fire 145
Avyāpi, a kind of faulty reply (not meeting
all particulars) 15
Baddhakrama, compact series of heirs 160 n.
Bahuvrīhi compound 6 n 4.
kinds of 146 n 4
Bailee, not liable if deposit lost through the
act of God or the king 221.
Bairāgīs, 167 n 2
Bala, expedient for recovering a debt 209 210
Bāla, a person of sixteen years or less 41.
Bālambhaṭṭa 105 n 1, 161 n 1, 217 n 1.
Bālambhaṭṭī, commentary on the Mitākṣarā
108 n 1.
doctrine of, that the word brother in Yāj.
about heirs includes sister, not followed by
Bombay High Court, 158 n 2.
Bandhus, are bhinnagotra sapiṇḍas 160 n.
as heirs 163,
enumeration of, only illustrative 164 n 1.
etymological meaning of, 166 n 1.
ex parte paterna preferred to ex parte ma-
terna 165 n
in order to take as heirs must have mutua-
lity and must be related to the deceased
directly through themselves or their father
or mother 164 n 1
male, of same class preferred to female
165 n
meaning of 163 n 3, 197, 197n 3.
of three kinds 164.
preference based on spiritual efficacy when
of same class even where Mit applies 165 n
sapiṇḍa relationship in case of, extends
up to only five degrees 164 n 1
Banishment, as punishment 40
as punishment for adultery by fraud 265,
as punishment for embezzling property of
gaṇa 243.
as punishment for a brāhmaṇa thief 259
as punishment for those who pronounce
imprecations on king or divulge his secrets
273

280 VYAVAHĀRAMAYŪKHA.
for playing with false dice 271
proper for brāhmaṇa offender 261.
of brāhmaṇa, for apostasy how effected 236.
for those who live by taking bribes and for
assessors pronouncing unjust decisions 256
Banner festival of, in honour of Indra 47 n 3
Baudhāyana, 120
Baudhāyana-dharma sūtra 115 n 5, 128 n 1
153 n 1, 187 n 3, 194 n 1, 196, 256, 261 n 2
Baudhāyana-gṛhya-sūtra 262 n:4
Bauddhas 88.
Benares, Śaṅkara is presiding deity of v 2.
Bhāgalekhya deed of partition 23.
Bhāgavata-purāṇa 91.
Bhaktadāsa meaning of 228 n 1.
Bhāruci, 103 n 1
Bhāṣā plaint 12.
Bhāskarācārya, 274
Bhaṭṭoji 124 n 1
Bhavanātha a mīmāṁsaka 77
Bhāvya what is used in future or what is to
be accomplished 112 n 1
Bhāvya what is to be made to exist 120, 121
n 1.
Bhogalābha 196 n 1.
Bhogyādhi, 206, 206 n 1.
Bhoja, called Dhāreśvara a great patron of
literature 78 n 2.
Bhṛgu, 83, 210, 220, 226, 253, 261
Bhṛtya meaning of 262 n 4
Bhūta, an existing thing 112 n 1
Bījin meaning of 127 n 2.
Blindness, if not congenital, did not exclude
from inheritance even if incurable 162 n
Borradaile, 6 n 2.
Boundary even one may settle if he be
acceptable to both 247
marks of, are either visible or concealed 247
n 2.
means of indicating 247
one man should not undertake upon him-
self to settle 247
settlement of, by a person held to be false
if he was visited with divine or royal dis-
pleasure within three fortnights 249.
special rules about characteristics of wit-
ness as to 247
Boundary disputes, 247-251.
Bow equal to four cubits, 246 n 1
Bows, kinds of 66.
lengths of 66.
Brāhma, form of marriage, essence of, is in
gift of bride to bride-groom 81n 2.
is in vogue among kṣatriyas 84
Brahmacārin heir to 167
of two sorts 167n 1
Brāhmaṇa, adverse possession none against
a, learned in the Vedas 30,
adulterer punished with banishment and
branding but not liable to death 268,
became a śūdra after selling milk for three
days 91n 1
could not be made the slave even of a
brāhmaṇa 236
could do menial work for a learned brāh-
maṇa, but not impure work 236
could marry according to Manu girls of
all four classes 97 n 1
duty of, to give opinion as to causes, though
not appointed by king as member of court
4.
estate of heirless, does not go to king, but
to other brāhmaṇas 158
estate of heirless, goes to king in modern
times 158n 1.
even coming to kill, cannot be killed in
Kali age 262.
following certain professions should be
treated as a śūdra when witness 39.
if guilty of theft to be branded and banish-
ed 259
if learned, is master of everything 229
275 n 1
may take up arms in self-defence for pro-
tecting women, for removing hindrance to
dharma 262 n 1.
not liable to be killed, even though he was
an ātatāyin 261.
not liable to be made a slave 236,
offering oblation into fire for a fee on be-
half of a śūdra, condemned 115.
poison ordeal not to be administered to 44
proper punishment for 261
sin of killing of, could not be expiated by
any prāyaścitta 263 n 1
unable to pay fine, is to be banished 40.
wealth of heirless, went to other brā-
hmaṇas 166
wealth of heirless escheats to king in modern
times 166n 2, when ātatāyin, whether
could be killed 261-263.
Brāhmaṇas, of south marry maternal uncle's
daughter 7
of central India became hired labourers
and ate cow s flesh according to Bj "
of Eastern India ate fish 7

GENERAL INDEX 28
peculiar privileges of 89n 2.
Brahmayajña, meaning of 116n 2
every member of even an undivided family
was to perform separately 117n.
Branding, as punishment for brāhmaṇa
guilty of theft 259.
as punishment for playing with false dice
271.
for brāhmaṇa who becomes apostate from
sannyāsa 236
as punishment for sexual intercourse by
fraud 265.
for theft not resorted to, if proper prāya-
ścittas undergone 259
of mark of dog's foot for theft 259n 3
of marks 261n 2
Breach, of contract of service 235-239.
Bṛhad-Viṣṇu, 155n 1
Bṛhan-Manu, 190
Bṛhaspati, 3, 4, 5 &c.
criticizes Manu 141n 1.
Bṛhat saṁhitā, 47n 1.
Bribe, promised, need not be given even
though object accomplished 234
Brother, does not include sister for purposes
of inheritance 158
does not include son of the same mother
but of a different father 158n 1.
full, succeeds after parents 157
Brother's grandson, not included in brother's
son 159n 1.
Brother's son, takes along with the brother,
according to decided cases, under the
Mayūkha 159n.
Bühler, Prof. 110n 1.
Burden of proof, in several kinds of reply 15-
16.
Burning, on a bed of grass, punishment for
kidnapping women 258.
Cakra vṛddhi, compound interest, 198n 1
Caritra-bandhaka, 205, 205n 2.
Cattle, owner of straying, had to pay wages
to the person who guarded them 226
Catuṣpatha, cross road or thoroughfare, 249.
Causes, of litigants, order in which to be
heard 11.
Champerty, punished 11, 11n 2.
Charms, against enemies 261n 4
Chattels, three kinds of, in relation to theft
255
Civil and criminal matters, no clear-out dis-
tinction between procedure in 8n 3.
Civil Procedure Code, 9n 1, 11n 1, 12n 1,
10n 4, 274n 5.
Cloth, permissible reduction in weight of
when given for embroidering or drawing
figures 224.
Clothes worn by deceased father should be
given to him who partakes of the śrāddha
to the father 140
Coaxing, as an expedient for recovering a
debt, to be employed in what cases 210
Colebrooke translated nibandha as corody
78n 6.
Compact series of heirs, ends with brother's
son 161.
Concubine, entitled to maintenance from es-
tate of paramour against heirs if connec-
tion exclusive and continuous up to death
99n 1, 152n 2
has no right of maintenance against para-
mour during his lifetime 153n.
in order to get maintenance need not have
resided in the same house with her para-
mour's wife, children &c. 153n
Confiscation, as punishment for embezzling
property of a gaṇa 243.
as punishment for murder 260.
as punishment for rape 264.
of property, as punishment for śūdra
having sexual intercourse with a woman
of a higher caste 267
of whole wealth, for kidnapping a married
woman 258
what property not liable to 274
Conqueror, entitled only to tax on land and
not to ownership of land 81.
Contract, of service, breach of 235-239.
Contract Act (Indian) 203 n 1, 222, 224 n 1,
225, 230 n 1, 244 n 2
Conventions, established by king, examples
of 242 n 2.
established by king or local usage should
be observed by brāhmaṇas, if not opposed
to their dharma 242
examples of 242 n 2.
of guilds and corporations to be maintained
by king 242
of horse-dealers, to impose a tithe on them-
selves and their customers 242 n 2
Conversion, to Mahomedanism does not
cause loss of right to inherit by virtue of
act XXI of 1850, 192 n.
Coparcener, who is fifth or seventh in descent
may get his share if he and his ancestors

282 YAVAHĀRAMAYŪKHA
lived in a foreign country 96.
Coparcenary limits of Hindu 25 26 n 2.
root idea of 78 n 8
Corporal punishment,
for stealing one hundred palas of gold,
silver etc. 259
for stealing precious stones 259
for a śūdra wearing the peculiar marks o
brāhmaṇas (such as sacred thread) 271
for theft of corn 258.
not awarded to brāhmaṇas 261.
Corrody as translation of nibandha 25
Counterclaim, by defendant 16.
Court fee, in ancient Hindu Law 212 n 2.
Cow flesh of, eaten by brāhmaṇas of Ma-
dhyadeśa 7
owner of, not to be fined if it strays during
festivals or srāddhas, 216
Creditor if a brāhmaṇa or king was entitled
to

ĠENERAL INDEX 283
unmarried, preferred to married ones 155
Daughter's children, succeed to strīdhana in the absence of daughters 185
Daughter's daughter, held preferable heir to strīdhana as against son's son 184n 1
preferred to daughter's son as heir to strīdhana 184 n 1.
Daughter's son, as heir 156
Dāya, defined 85
two kinds of 86
Dāyabhāga 79n 2 and 3, 80n 3, 141n 3, 180n 2, 186n 1, 189n 2, 190n 1, 196n 1
differs from Mitākṣarā 92n 3, 89n 2
holds that reunion takes place only between those expressly stated by Bṛhaspati 168n 1.
specifies only two times for partition 88 n 1
theory of, that there is no ownership by birth in ancestral estate 79, 79n 2 and 3
Dāyabhāga, partition of heritage, defined 86
does not include division of profits by traders 85.
Dāyatattva, 81n 2
Death, as punishment for adultery with a woman of a higher caste 265, 266
as punishment for gurutalpaga 268
as punishment for kidnapping a maiden 258
as punishment for murder 260
as punishment for rape 264
by being devoured by dogs, as punishment for brāhmaṇa woman willingly having intercourse with s'ūdra 269
punishment of, for kidnapping a maiden 258
punishment of, for offence of being a cutpurse a third time 257
punishment of, for untouchable man having sexual intercourse with brāhmaṇa woman 269.
Debt, contracted for family by uncle, brother or mother must be paid by all cosharers 221
due to any creditor other than a brāhmaṇa was to be paid to king, if creditor died heirless 221n 4
due to a brāhmaṇa creditor must be paid to other brāhmaṇas if creditor die without heirs or relatives 221
due to lust, defined 217n 1
due to wrath, defined 217n 1
evil results of non-payment of 214
husband's liability to pay wife's 220
incurred for family even by a slave, or pupil, had to be paid by head of family 220.
liability of wife, mother or father for husband's or son's 220
of father, if not immoral, binding on son and his share in ancetral property 216n 1
payment of, by instalments 211
private expedients for recovery of, were allowed only if debt admitted by debtor 210.
Debt, man owes to his anecstors 108, 108n 1
owed to ancestors paid off by birth of a son 108, 112n 1.
Debtor, claiming judicial investigation was not to be confined by creditor 212
complaining against creditor recovering admitted debt by private expedients was to be fined 211
could be kept in restraint before an assembly of people according to usage 210
if a poor brāhmaṇa, was not to be made to liquidate debt by manual labour for creditor 211
of higher caste was not to be made to work for a creditor of a lower caste 211
should work for a creditor of his own or higher caste 211.
when confined, was to be let out for meals or answering calls of nature 210.
Debtor and creditor relation, none between members of joint family, 148
Debts, to be paid by him who takes estate of the deceased 218 n 1
contracted on same date to be paid rateably 213.
enumeration of those who are responsible to pay 217.
father's, when son not liable to pay 216-217
incurred by father for trade newly started by himself, are binding on son's interest according to Bombay decision, but P C. holds otherwise 217 n 1.
modes of recovering debts sanctioned by ancient sages 209
of parents to be paid by'sons and grandsons 186 n 1
of the deceased, to be paid by the man who took his widow 218 n 1
owed to gods, manes and sages 195 n 1
part payment of, to be entered on back of document 213
payment of, on partition 184.
propositions as to father's or manager's debts 216 n 1.

284 VYAVAHĀRAMAYŪKHA
recovery of, discussed by Nārada under
seven heads 127 n 2.
Deccan Agriculturists Relief Act 201 n 2
Decisions, of Bombay High court, criticised
37 n 1 118 n 121 n 2.
of P. C. criticised 103 n 1, 118 n 1 164 n 1
216 n 1
Deed of boundary 28.
of debt 28
of peace 28.
of purification 28.
Deed of conventions, 28
of gift 28.
of partition 28.
of purchase 28
of mortgage or pledge 28.
of service 28.
Defamation vide under abuse
mere truth of assertion no defence in charge
of 263 n 1
Delay in hearing witnesses and causes re-
sults in great sin to king 88
Deposit 211 225
care required of him who takes 211.
must be delivered intact to the depositor
212
person who uses it for his benefit was liable
to pay interest and also fine 221
Devala, 79 90 n 8, 95, 97 1 8, 181 182
135
text of, is basis of Dāyabhāga theory 79 n 3.
Dhāreśvara held view that ownership arose
on partition and not by birth 78
held view that ownership was understood
from śāstra alone 76 n 1
Dharma, expedient for recovering debt 209
flowers and sandal paste to be used in
worship of, in ordeals 59
means iṣṭa (religious purposes) and pūrta
(charitable purposes) 235n 1
ordeal of (image or picture of) 78-79.
Dharmabhṛtāṃ meaning of 16
Dharmādhikaraṇa hall of justice 5.
Dharmapravṛtti a work 147 14 n 1
Dharmaśāstra king to listen to exposition
of 6.
rule in conflict of, with arthaśāstra 6.
rule in conflict between two texts of 7
Ghaṭa balance etymology of 64.
Dhurajātṛta meaning of, 198.
is impartible 198.
Dike, may be constructed on another's land
in certain circumstances 230.
Disturbance, of enjoyment of a house door
or market, not allowed 248.
Divyatattva, a work of Raghunandana 48n 4,
47n 3 49 74n 3.
Draitanirṇāya, a work of Śaṅkara-bhaṭṭa
113n, 114
Document, when another and new one to be
substituted for prior one 26.
witnesses not allowed to prove orally a
matter in case it is entered in 21
Documents, embodying transactions how ex-
ecuted 25.
evidencing debt to be returned to debtor
when debt paid off 218.
genuineness of, how established 26.
in one's own hand, valid without attesting
witnesses, 24
in another's hand characteristic of 21
must be produced from proper custody
27 n 3
of three sorts, according to Bṛhaspati 22
of two kinds, according to Vasiṣṭha 22.
of two kinds, according to Nārada viz.
made in one's own hand and in another's
hand 24
royal, four kinds of, according to Vasiṣṭha 26.
royal, peculiarities of 25
the only means of proof, as to conventions
of pūgas, guilds etc. 21
what are vitiated 27
Dumbness, if congenital and incurable was
a ground of exclusion from inheritance
191n 2.
Dūtaka, a kind of witness 34.
Dvyāmuṣyāyaṇa,
adoptive and natural mother both entitled
to succeed together to 120n 1
form of, obsolete according to Mandlik
120n 1
form, not obsolete according to judicial de-
cisions 120n 1
is the ordinary form of adoption among
Nambudri brāhmaṇas 120n 1
natural mother preferred as heir to bāndhav
of adoptive father 120n 1
means one given in adoption with condition
that he is the son of both 120
power of adopting in form of not confined
to brothers 120n 1
takes estate of both giver and taker when
there is no aurasa son to either 121
takes only a fourth of the share, when
there are aurasa sons to both giver and
taker 121

GENERAL INDEX. 285
to offer s'rāddha' to both giver and adopter
and their ancestors 124.
was to offer one pinda and intend it for
both giver and taker 121n 1.
Dyūta, explained, 2, 271n 1
Eafnest, when forfeited 205n 2
Edict, royal, see under 'grant'
Ekachchhāyāśrita, 'undertaking joint and
several liability 208.
Ekaśeṣa, meaning of 157n 1.
may be of dissimilar or similar objects
158 n 2.
Eka tīrtha, meaning of 167.
Ekoddiṣṭa, explained 121n.
Emperor, cannot give away the whole earth
even in viśvajit sacrifice 82
Epigraphia Indica, 21n 3, 242n 2.
Equity, of superior force to the bare letter of
the law 7n 1.
Evidence, latent defects of, must be pointed
out at time of adducing by the opponent 36
not allowed to be adduced after proceeding
almost finished 40
Evidence Act (Indian) 27n 1.
Exception, has, according to some, the same
province as the rule 170.
Exclusion, from inheritance 191-197.
from inheritance, grounds of 192.
Experts, to decide causes of merchants,
craftsmen etc. 8.
Father, cannot make a gift even of ancestral
movables 80n 3.
kept mistresses of, are not to be allotted at
a partition 140.
liability of, for son's debt, 220.
may dispose of his self-acquisition at his
will 88
promise of, for a religious purpose must be
carried out by sons 184.
recovering property of his grand-father lost
to the family is entitled to hold it as self-
acquired 88.
succeeds after the mother, according to
Mitākṣarā 156
succeeds in default of daughter's son and
before mother, according to Mayūkha 156.
two shares for, according to Nārada 91.
Fellow-student, is heir 166
Festival, of banner in honour of Indra 47 n 3
Fiction, of certain texts referring to another
Yuga 92.
Finder, of treasure, rules as to 229.
Fine, double for assaulting a man of a higher
caste 258.
double for assaulting wives of others of
whatever caste 258.
double where several strike down one man
255
extent of highest, middling and lowest
according to Manu and Yāj. 282 n 1.
figures of, in smṛtis refer to panas 274.
for abuse of learned brāhmaṇas, Vedas and
king 252.
for abusing a brāhmaṇa, when the abuser
belongs to a lower class 252.
for abusing a man of same caste 251.
for a man publicly accusing parents or
elders of a sin (even though accusation be
true) 252.
for adultery of various grades 266
for allowing a thief to escape 272.
for beating or injuring or killing beasts 255
for brāhmaṇa abusing a man of a lower
class 252.
for brāhmaṇa having sexual intercourse
with an untouchable woman 267
for breaking limbs or piercing organs of
sense 254.
for change of pleading 18.
for charging the paramour of a woman in
one's family as a thief 273.
for conversation between a man and woman
when forbidden to talk 266.
for creditor putting under restraint a debtor
claiming judicial investigation 212.
for debtor, who though well-off does not
return a debt 212.
for defiling a tank, holy place or garden 250
for destroying a boundary or encroaching
on it 250.
for disturbing another's wall, drain,
balcòny, watercourse &c. 248.
for employing a man of a higher caste as a
slave 287
for false witnesses and partial arbitrators
257.
for goldsmith when gold and silver given
to him for heating becomes less than the
standard allowed 224.
for him who is defeated on review of judg-
ment 274.
for hired workman, not performing agreed
work, though not ill 240.
for husband, son or relatives taking a wo-
man's strīdhana by force 181.
Q,

286 VYAVAHĀRAMAYŪKHA
for inciter of an offence, double of that for perpetrator 264.
for injuring trees belonging to another 255.
for judges and assessors wrongly deciding cases 274.
for labourer leaving off work before stipulated period 240
limits of lowest, middling and highest 86 n 4.
for loss due to herdsman's fault 246
for master dismissing servant before stipulated period 240.
for merchants concealing blemishes in goods or selling old articles as new 260.
for negligently killing a man or beast 272.
for not coming as a witness after agreeing to come 39-40.
for not cultivating a field taken on rent 251.
for not obeying summons as defendant 10.
for obstructing a public road or committing nuisance thereon 249.
for one who denies or conceals a deposit 221.
for openly calling an outcast an outcast or a thief a thief, even if true 252 53.
for person making a pledge of same thing to two persons 204
for pointing out defects of witnesses after they have deposed and not before 86.
for pointing out faults in faultless witnesses 84.
for purchaser who cannot produce the seller or who cannot prove sale in market overt 227
for sitting on the king's throne or vehicle 278.
for selling a brāhmaṇa woman or enslaving a woman of a respectable family 237
for selling a faithful female slave who is unwilling to leave 237
for selling false gold as real 272.
for selling unclean meat 272.
for sexual intercourse with the nurse of one's child or wife of one's attendant 237
for stealing corn 258-259
for striking in such a way that blood comes out 251
for striking one's preceptor 278.
for striking with a stick 254
for a Śūdra who makes his livelihood by passing himself off as a brāhmaṇa 273.
for taking bribes 234
for tampering with royal edict 272
for those who manufacture false jewels, coral or gold 257
for threatening to injure the limbs or organs of sense 252.
for threatening to strike with the hand or a weapon 254,
for throwing ashes, mud or dust or an impure thing 253.
for usurping a house, tank, garden or field by intimidation 260.
for vicious man talking with another's wife 266.
for washerman wearing articles given for washing or selling them 224.
to be paid by one who claimed an article as his when it was sold to another by a third person 226.
to be paid by owner of straying cattle and beasts 246.
for witnesses falsely settling boundary 248
half for assaulting one of lower class 254.
half for an offender who admits offence of abuse and promises not to repeat it 253.
half for women 266.
higher for cutting trees growing near temples or boundaries 255 n 4
higher when one of lower class abused another of higher class 252.
highest for cutting off ear, nose, eye, tongue hand &c. 253.
if unjustly obtained by king, was to be offered to Varuṇa and distributed among brāhmaṇas 275.
increased according to the part of the body affected by the throwing of certain impure things 254
middling for injuring or wounding the limbs or senses 253.
Fines, figures of, refer to paṇas when nothing else specified 10, 274
for stealing or destroying articles of various grades of value 263-264
for theft of animals 258
Fire, gṛhya or Urasākhya 145 n 2.
ordeal of 60-65.
is to be kindled in Vedic sacrifices on gold and not on bare ground 232 n.
Fires, srauta, are three 145 n 2.
Fourth share, given to adopted son, if aurasas born afterwards, meaning of 116 n 4
of an unmarried sister on partition, meaning of 102, 103 n 1, 103 n 1.