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

• Pitāmaha says :
  Examination by fire (ordeal) should be made in the forenoon and
  the balance also in the forenoon.¹ Water should be offered in the noon
  by one who desires to secure the truth about dharma. Purification by
  kośa is prescribed for the first part of the day (forenoon), but poison
  should be given at night in the last watch, (as then it is) very cool.
  Respectable people say that these ordeals should be resorted to on Sunday.²
  Now as to the place (of ordeals). Pitāmaha says :
  The balance should always be placed facing the east and motionless in
  a purified place, either in a famous temple of some God (such as Indra)³,
  or in the court-hall, at the royal gate or in a public square.
  Nārada (p 104 v 265) says :
  In the court room, at the royal gate and in the square of a temple
  (ordeal should be performed).
  Kātyāyana says :
  In the case of those men who are accused of the great sins, (the
  ordeal) should be performed in indrasthāna (place where Indra's banner
  is worshipped or some holy shrine) and at the royal gate in the case of
  those who are guilty of treason (or sedition). Ordeal should be offered
  in the public square to those who are born of unions in the reverse order
  of castes (i. e. unions of males of lower castes with women of higher
  castes). The wise declare that in matters other than these (ordeals
  should be performed) in the midst of the court hall.
  Nārada says :
  When ordeals are administered at an improper time and place and are
  undergone by the litigants outside (the village, i. e. away from the public
  gaze) they always fail (to be decisive) as to the matters in dispute;
  there is no doubt about this.⁴

1. According to the Mit. the day of twelve hours is to be divided into three parts,
   the first part of four hours being called pūrvāhna (forenoon), the second madhyāhna
   (noon) and the third aparāhna (afternoon).
2. Vide Mit. on Yāj. II. 97.
3. The word 'Indrasthāne' is explained 'as some well-known temple' by the Smṛti-
   candrikā, while the Divyatattva explains it as 'the place where the banner festival in honour
   of Indra is held.' This last festival, where a banner in honour of Indra was worshipped,
   continued from the 8th to the 12th day of the bright half of Bhādrapada. Vide Bṛhatsam-
   hitā chap 43.
4. Dr Jolly' (S. B. E. vol. 38 p. 250) is not right in translating the last half as 'they
   constitute a deviation from the proper course of a law suit'. The Smṛticandrikā and Parā-
   śara-Mādhavīya say 'if the proper place and the like are disregarded, the ordeal loses its
   validity, this is declared in the words adeśakālā', &c.

• P. 51 (text)

48 VYAVAHĀRAMAYŪKHA
*Now (begins) the procedure of the rites common to all ordeals.
Pitāmaha says
The judge knowing the dharma should after turning to the east and
folding his hands, utter the following words and invoke the gods in the
manner following come come, oh revered dharma and sit down (for
decision) in this ordeal together with the guardians of the worlds¹ and
the (eight) Vasus, the (twelve) Ādityas and the bands of Maruts.
Having invoked dharma to be present in the balance he should after-
wards assign (proper places) to the subordinate (deities)² The same
author (Pitāmaha) says
Having placed Indra in the east, Yama in the south Varuṇa in the
west and Kubera in the north, he should assign Agni and the other
guardians of the worlds to the intermediate points (south-east south-west
&c.) Indra is yellow Yama dark Varuṇa of the lustre of crystal,
Kubera has a golden complexion and so has Agni So also Nirṛti is dark
and Vāyu is said to be smoke-coloured, Īśāna is red (The judge) should
contemplate upon these deities in these forms in order The wise (judge)
should invoke the Vasus to the southern side of Indra Dhara Dhruva Soma
Āpaḥ Anila Nala, Pratyūṣa Prabhāsa--these are enumerated as the eight
Vasus The place of the Ādityas is between that of Indra and that of Īśāna
(i.e between the east and the north-east) Dhātṛi Aryaman Mitra, Varuṇa
Aṁśa Bhaga Indra § Vivasvat Pūṣan Parjanya as the tenth then Tvaṣ-
ṭṛ then Viṣṇu though born last not the least (but the highest of the twelve
Ādityas) these are the twelve Ādityas enumerated by name To the west
of Agni is known the place of the Rudras. Vīrabhadra Śambhu, high famed
Giriśa Ajaikapād Ahirbudhnya Pinākin Aparājita Bhuvanādhīśvara,
Kapālin the lord of people Sthāṇu and the great Bhava--these are known
to be the eleven Rudras (The judge) should assign a place for the
Mātṛs between Yama and the evil spirit (Nirṛti i e between south and
south-west) Brāhmī Māheśvarī Kaumārī Vaiṣṇavī Vārāhī Māhendrī,
Cāmuṇḍā together with her attendants (these are the seven mātṛs) The
place of Gaṇeśa is known to be the north of Nirṛti and the place of the
Maruts is said to be to the north of Varuṇa Gaganasparśana Vāyu
Anila Māruta Prāṇa Prāṇeśa and Jīva--these are declared to be the
seven Mārutas. The wise (judge) should invoke Durgā to the north of
the balance These deities are to be worshipped after taking their res-
pective names †Having offered worship to Dharma beginning with

1. For the Lokapālas vide Manu &c.
2. Dharma is the principal deity to be invoked in the balance and the other deities from
   Indra to Durgā (as detailed in the following verses) are subsidiary

• P 63 (text). § P 63 (text). † P 64 (text)

arghya¹ and ending with ornaments in due order, he ( the judge ) should
then get ready for the subsidiary deities the worship beginning with arghya
and ending with ornaments and should offer ( to dharma and the subsi-
diary deities ) the service beginning with sandalwood and ending with
naivedya.² He ( the judge ) should light fires in the four principal
quarters and offer oblations at the hands of persons versed in the Vedas
of clarified butter, havis ( boiled rice ) and fuel sticks that are the mate-
rials of homa He should perform homa with the ( sacred ) Gāyatrī,
praṇava ( the sacred syllable om ) and add svāhā at the end
Havis means 'caru' ³ The revered Mīmāṁsaka from the Gauḍa country
( viz Raghunandana ) says in his Divyatattva that clarified butter, boiled rice
and fuel sticks are to be offered to the same deities (dharma as principal and
the rest as subsidiary ), they are to be thrown on to the fire together ( and
not separately ) as in the case of the sānnāyya offerings ⁴ But this is not
correct In this case it is impossible to have a single joint performance
(tantratā), as the means of offering (the three substances) are different viz.
the sruva ladle is (the proper means) of offering ājya as said in the sentence
'he ( the priest ) divides with the sruva', the sruc is ( the proper means)
of offering caru ( boiled rice ) as follows from the sūtra of Āśvalāyana ⁵
and the like to the effect 'he covers once ( with ghee the juhū ladle )', 'he
divides off two portions of the boiled rice from the middle and the part of it
to the east,' 'he sprinkles ghee over the boiled rice and over the portion
divided off,' 'this is the characteristic procedure for all avadānas ( offer-
ings )'; and as the hand is the proper means for offering fuel sticks on
account of its fitness In the case of the sānnāyya offerings ( curds and
milk ), a single joint performance ( offering of the two materials together ) is
proper, as the juhū ( ladle ) is the means of offering both The same
author ( Pitāmaha ) says.
Having written down on a leaf ( paper ) the subject-matter for
which the defendant ( or accused ) is proceeded against, the leaf should
be placed on the head ( of the person undergoing the ordeal ) together
with the following mantra

1. Arghya is water offered by way of honour.
2. This is some eatable, such as raw-sugar &c.
   3 Vide notes to V M. p 89 for explanation of caru.
3. Vide notes to V M p 90 for sānnāyya and the proposition of Raghunandana explain-
   ed in detail Sānnāyya is a name given to a mixture of curds and milk offered to Indra or
   Mahendra. As the deity is the same they are offered together Therefore Raghunandana
   argues that the three substances ājya, havis and samidh should be offered together For
   detailed exposition of this complicated passage and of sruva, sruc, juhū, sāmarthya and
   tantra vide notes to V M pp 91--93.
4. Compare Āśvalāyanagṛhyasūtra I, 10. 18 and I, 7. 10 -12 for the passages referred
   to here.
   V. M. 7

50 ÚKHA
*The mantra is ( Mahābhārata ² Ādiparva 74. 30 )
The sun ¹ the moon the wind fire heaven and earth waters the
heart Yama, day and night the two twilights and dharma know
( see or mark ) the doings of men.
Nārada says
The judge being a brāhmaṇa, who is versed in the Vedas and the
Vedāṅgas ( subsidiary lores such as grammar phonetics astronomy ritual,
metrics, etymology ) endowed with learning and character with an un-
ruffled heart free from malice whose word is true who is pure and
vigilant who is intent upon doing good to all creatures who has fasted
who wears wet garments, who has brushed his teeth and who has per-
formed the worship of all deities according to the prescribed rules ( should
administer ordeals )
Yājñavalkya ( II 97 ) says
(The judge) having summoned at sunrise ( the person who is to undergo
ordeal ) who has bathed and wears wet garments who has observed a fast
( the previous day ) should administer all ordeals in the presence of the
king and the brāhmaṇas.
Pitāmaha also says
Ordeals should always be administered to persons who have fasted either
one night or three nights who are purified and whose garments are wet
The same author (Pitāmaha) says
The king surrounded by good men should esteem this ( mode of ) puri-
fication and should please sacrificial priests family priests and preceptors
with gifts. The king who causes this to be done after enjoying sweet
pleasures, secures great fame and becomes fit for absorption into Brahma
Here ends the section on ordeals.
§ Now ( begin ) the rules for the balance ( ordeal )
Pitāmaha says
The king should cause to be constructed a balance-shed broad high
and white-washed, sitting wherein ( the person undergoing ordeal ) would
not be within reach of dogs candālas and crows, it should have doors and
contain grains ( rice &c ) should be guarded by servants should have
drinking water and the like and should not be untenanted
1 Compare Manu 8 101 for a similar verse.
2 P 53 (text) § P 56 (text).

RDEALS 51
Nārada ( p. 103 v ] ) says :
( The timber employed ) should be of the Khadira tree, but not the
white variety and should not be worm-eaten
Śuklavarjitam means ' excluding the white Khadira '
(The timber) should be blackwood, or in its absence teak but without
hollows, or Añjana, the inner part of Tindukī, Tiniśa or red sandalwood.
But Mādhava reads '( the timber should be ) of Arjuna, Tilaka, Aśoka,
Tiniśa and red sandalwood.'
The king ( or judge ) should select such trees as these for making a
balance ( Nārada p 104 v 265 )
Evam-vidhān means according to Madana ' these and other sacrificial
( sacred ) trees also such as Udumbara ' Hence Pitāmaha says •
Having bowed to the guardians of the worlds, and having cut down the
sacrificial tree ( Khadira ), the balance should be prepared by the wise,
after reciting the mantra as in the case of ( making ) a sacrificial post ;
*and mantras addressed to Soma¹ and Vanaspati should be muttered in a
low voice when the tree is cut
Yūpavat means after reciting the mantra ' Oh, herb, save this sacrificer
(Vāj S IV I.) As the mantras addressed to Soma and Vanaspati are to be
muttered and have an unseen result, they are both to be repeated ( i e.
there is no option ) ² The saumya mantras are well known The Vānas-
patya mantra is ' Oh Vanaspati (tree), may you grow with a hundred
branches' ( Rgveda III 8 11 )' The line ' mantraḥ saumyo vānaspatyaḥ
&c ) merely reiterates what already follows from the extended application
( atideśa ) contained in the word ' yūpavad' ³ Pitāmaha says
The ( beam of ) the balance was to be four cubits ( in length ) and
the two supports ( of the beam from which the balance was suspended )
were to be of the same length ( above ground ) ; the distance between the
two supports was to be two cubits or a cubit and a half
Vyāsa says .

1. Ṛgveda I. 91 is a hymn of 28 verses which are all addressed to Soma. The
   saumya mantra may either be ' somo dhenum ' ( I 91 20 ) or ' āpyāyasva sametu' (I 91. 16).
2. This is based on the Pūrvamīmāṁsā XII. 4. 1, for an explanation of which vide
   notes to V M. p. 94.
3. The mantra 'vanaspate' is recited when a tree is cut for making a yūpa So
   when it is said that a sacred tree is to be cut with recitation of mantras as in the case of
   yūpa, it is not necessary to say expressly that the mantra ' vanaspate' should be uttered
   in a low voice But the verse does expressly say so It therefore does not lay down any-
   thing new, but only repeats what is already known. Atideśa is a principle in the Pūrva-
   mīmāṁsā Anuvāda is a variety of Arthavāda and is opposed to vidhi,
   * P. 57 (text ).

52 VYAVAHĀRAMAYŪKHA
The two supports (or columns) were to be implanted in the ground
for two cubits.
Pitāmaha says
The balance (i. e. its beam) should be a square (log) firm and
straight and three (iron rings) should be fastened on to it with care.
The same author (Pitāmaha) says
After suspending from the two ends (of the beam of the balance) two
pans, he (the judge) should arrange on both the pans darbha grass with
their points turned towards the east. In the pan to the west he should
have the person (undergoing ordeal) weighed and in the other pure earth,
not mixed with bricks, ashes, stones, broken pieces of vessels or bones.
*Nārada (pp 105-106 vv 271-72) says
Having firmly suspended two pans from the two hooks attached to
(the two ends of the beam of the) balance, he should have the person
(undergoing ordeal) weighed in one pan and gravel (or stones) in the
other. He (the judge) should have the person (undergoing ordeal)
held in (the pan on) the northern side and stones on the southern; he
should have the basket (pan) filled with bricks, dust and lumps of earth.¹
The same author (Nārada p 262 vv 27-28) lays down the mode of
examining (a person by balance ordeal)
The examiners should bring the balance on the same level with the two
pendants² (hanging down from the two arches) and (a little) water
should be poured over the upper part of the (beam of the) balance by
clever men. That balance was to be known [as sama (perfectly hori-
zontal) on which the water so poured would not run down.
Pitāmaha describes the (suspending of) two pendants for (ascertaining the)
horizontal position (of the beam)
Two arches should also be raised on both sides of the beam. They
should always be ten aṅgulas higher than the balance. Two pendants
should be suspended hanging down from the arches tied with a string
and made of clay and touching the upper surface of the (beam of the)
balance.
1 Reading this verse with Pitāmaha it follows that bricks, dust and stones are not
totally forbidden as material for weighing the man against. What is forbidden is the
mixing together of all these. One may fill the pan either with earth or stones or bricks but
not with all together.
2 As said by Pitāmaha the two arches were to be one from the other at a distance
below which the person went in. They were to touch each other at the top. The
balance and from the arches two pendants of clay tied to an iron pin at the end of a fine
beam was to be kept in such a position that its condition could be easily perceived. v. s.
p. 25 (text).

ORDEALS 85
Pitāmaha says •
Having first weighed the man ( to be tried by ordeal ) and having
made him get down from it, the balance being always adorned with
banners and pennons, ( the judge ) knowing the mantras should then
invoke the deities in the manner described ( above ) to the accompaniment
of the beating of musical instruments and drums and with sandalwood
paste, flowers and unguents
*Nārada ( p. 252 v 29 ) says •
He ( the judge ) should first worship the balance with red sandal-wood
paste, red flowers, with curds, cakes and husked grains of rice mixed with
red powder and then he should honour the respectable people (assembled
there )
Yājñavalkya ( 2 100-102 ) says :
When the person complained against sitting in ( one pan of the )
balance is equal ( in weight ) to the things ( clay &c ) against which he is
weighed, a line ( with chalk ) should be drawn ( on the arch showing the
position of the pans ) by those who are experts in handling the balance
and the person being made to get down from the pan should invoke the
balance in the following words ' Oh balance, you are the abode of truth,
you were formerly created by the gods ( for this purpose ), therefore,
beneficent one, declare the truth, and free me from this ( cloud of ) suspi-
cion Mother, if I am a sinner, then take me lower, if I am pure, carry
me upwards '
Nārada ( p 106 v 276 ) says
Having put him under ( spiritual ) restraint by exhortations ( about
the results of untruth ), the judge should again place him ( in the balance )
after putting upon his head a writing ( about the matter in dispute )
when the wind is not blowing and there is no rain
Samayaṁ parigṛhya mean ' having restrained with oaths. ' Viṣṇu ( Viṣṇu
Dh S 10 9 ) describes the oaths
Those (hellish) worlds which fall to the lot of those who kill brāhmaṇas
and of those who are false witnesses will be yours, if you hold the balance
falsely
Nārada ( p 107 vv 278-279 , Viṣṇu Dh S 10 10-11 ) mentions that at the
time of again sitting in the pan there is to be an invocation
‡ You know the evil and meritorious deeds of all beings You alone
know, oh god, what mortals do not know This man accused of a wrong
in this judicial proceeding is weighed in you Therefore you will be
*P. 59 ( text ), ‡P. 60 ( text ).

57 VYAVAHĀRAMAYŪKHA
pleased to save, according to the dictates of dharma, him who is now
under suspicion. You surpass in truth gods, demons and mortals, oh
lord, your word is true in making clear what is pure and sinful The
sun, the moon ( the same verse as above at p 50 )
Pitāmaha says
A worthy brāhmaṇa proficient in astronomy should examine the time
The time of five vināḍīs ¹ should be calculated by those who are
experts in measuring the time of examination by ordeals. The king
should appoint as superintendents ( over the calculation of time ) worthy
brāhmaṇas who speak out as they see who are learned pure not covetous
All the superintendents ( the brāhmaṇas ) declare to the king the puri-
fication ( by ordeal ) or otherwise
Vināḍyah means 'palas' in accordance with the smṛti
The period required for ( repeating ) ten long letters is called prāṇa
and vināḍikā is equal to six prāṇas
Nārada ( p 207 v 283 ) says
If the person weighed in the balance is seen to go up ( i e to be
lighter than what he formerly weighed ) there is no doubt that he is in-
nocent but a man who weighs the same or goes down ( i e weighs
more ) would not be innocent
Vṛddhi means going up hāni means going down Pitāmaha says :
The man whose guilt is light weighs the same while he whose guilt
is great goes down ( weighs more )
*Guilt is ( said to be ) light when the offence is the first one and not done
of set purpose, but where by the very words of the writing put on the head
( of the person weighed ) it is ascertained that it was a first offence and
committed without set purpose and where the only question was whether he
was a guilty person if after undergoing the ordeal he weighs the same, the
ordeal has again to be gone through since it is impossible ( in such a case )
to infer ( from the fact of the same weight in both cases ) that the guilt
was light Hence Bṛhaspati ( p 317 v 19 ) says
He who weighs the same as before should be weighed again and he
who goes up ( weighs less ) becomes victorious
Kātyāyana mentions other reasons for again going through the ordeal
The person should be again weighed when the scales snap or the ( beam
of the ) balance breaks or the ropes give way and when there is a doubt
about the innocence ( of the man )

1 A vināḍī ( or pala ) is built thus time spent in reciting 60 long syllables, 60
Vināḍīs make a Ghaṭī or Ghaṭikā the prāṇa was to ...
P 51 (text)

ORDEALS 55
Vāysa says :
When the pan breaks, or when the beam of the balance or the two
hooks break, when the ropes give way or the transverse beam (or the
support) gives way, the king should then again resort to purification (by
the same ordeal)
But this applies to cases where the breaking is due to some visible cause;
when however the breaking is purely accidental, (the person undergoing
ordeal) is certainly guilty, as declared in another smṛti
When the pans or the beam of the balance or the hooks or the ropes
or the transverse beam breaks, the king should declare the guilt (of the
man weighed)
Kakṣa means 'the bottom of the scales'; akṣa means 'the support of the
balance placed across the columns' The older writers (or eastern writers)
say that only the weighing is to be repeated and not the whole procedure;
but Madana says that the whole procedure is to be repeated (at the time of
the second weighing) because the defect (in the act of purification by
ordeal) is not removed in this way (by mere repetition of the weighing)¹
*Now (begins) the procedurs of the rites (of the balance ordeal). The
person, who is to perform the ordeal, should on an auspicious day in the
morning approach one of the trees referred to above, should cut the tree with
the mantra 'oh herb, save this person' (Vāj. S 4 1.), should mutter (the
mantra) 'somo dhenum' (Ṛg I. 91 20) (of which) Gautama (is
the sage), Soma (the deity), Triṣṭubh (is the metre) and (which) is
employed in japa (muttering of prayers) and the mantra 'Oh tree, (grow)
with a hundred branches' (Ṛg III 8. 11) of which Gāthina Viśvāmitra,
vanaspati, triṣṭubh (are respectively the sage, the deity and the metre)
and which is employed in japa. After having bowed to the lokapālas viz.
Indra and the rest one by one, he should erect a balance, (with a beam)
four cubits long, of the thickness of four aṅgulas, having four faces, rounded
in the middle and at the ends and (with a diameter) of four aṅgulas,
having in the middle on its upper surface and at the two ends but on their
lower surface three hooks or rings Then some say that he should construct
a place seven or five cubits square raised (from the ground) to the extent
of four aṅgulas Then on that (raised) spot or on any other purified
place two square pillars six cubits long should be driven into the ground to
the extent of two cubits, having pared tops beyond the length of six cubits
(on which the transverse beam was to be placed from which the whole
balance was to be suspended) Above the ground four cubits (of the

1. The view of Madana is in accordance with the Kātyāyana-śrauta-sūtra I. 7. 28.
   It is not clear what view Nīlakaṇṭha himself holds He merely places the two views in
   juxtaposition. But from the fact that he places Madana's view last and since he generally
   follows the Madanaratna it may be inferred that he held the latter view,

• P. 62 (text)

pillars) plus the portion of the pared tops thereof (were to remain). The
distance between the pillars was to be two cubits or one cubit and a half.
On those two tops was to be placed (transversely) a beam having in its
middle but on the lower surface a support in the form of an iron hook ring
or catch for holding the (beam of the) balance. From that (transverse)
beam (on the pillars) was to be suspended the beam of the balance by
means of the hook or catch on the upper part of it. At the end of the beam
of the balance were to be tied two pans by means of three ropes each.
To the east of the balance two posts at a distance of two cubits were to be
fixed into the ground towards the north and south and over them is to be
placed a log* with its inside outwards. This is to be the toraṇa (outer
frame arch). And it should be higher by ten aṅgulas than the balance
frame. A similar one should be erected also to the west (of the
balance). Two spherical pendants of clay should be tied with a string sus-
pended from the (two sides of the) frame-work and made to touch the
ends of the (beam of the) balance in order to ascertain the horizontal
position (of the beam). On the two pans should be spread kuśa grass with
their ends turned eastward. Then on a Sunday the judge who has observed
a fast for a day should place in the western pan the person to be cleared (of
his guilt by ordeal) who has taken a bath along with his garments after
sunrise who has observed a fast for a day or for three days in case of ability
to do so and in charges of grave sins, he (the judge) should then put in
the pan to the east stones bricks clay or the like and so weigh that the two
pans stand even. Truthful brāhmaṇas and goldsmiths should examine this
(viz the equipoise of the balance) by means of sprinkling water (on the
beam of the balance). Then in order to make sure of the position (of the
pan in which the person sat) reached at the time of the weighing (by the
pan in relation to the toraṇa) the judge should draw a line (on the toraṇa
with chalk &c.) and should make the person (undergoing ordeal) get down
(from the pan). Then the person to be cleared having named the time
and the place and having declared his intention in the words "I shall perform
such and such an ordeal in order to proclaim my innocence" should
present clothes and and the like to the judge and four priests. The rever-
smārta-bhaṭṭāchārya (i.e. Raghunandana) says that svastivācana¹ and
the like should also be performed. And the judge with folded hands and
to the accompaniment of the beating of drums should invoke dharma (to be
present) in the balance in the following manner:-
Om come come revered dharma and enter this ordeal together with
the Lokapālas, Vasus, Ādityas and tribes of Maruts.
He should then invoke the subsidiary deities. The verse Indrāya svāhā
(Ṛv. I. 11. 1 of which) Mandiṣṭha is Indra and Agne svāhā (are the

1 This consists in the priest saying "Oṃ svasti"; and the would-be
svasti! and the priest saying "Oṃ svasti" and the like (vide Nirṇayasindhu
p. 63 [text]).

ORDEALS 57
sage, deity and metre respectively ) is employed in invoking Indra In the
same manner is to be understood the employment (of the following mantras)
everywhere Having invoked Indra towards the east ( of the balance ) by
mantra 'all ( increase might of ) Indra' ( Rg I 11 1 ) (and with the words )
'Indra, come here and stay here', he ( the judge ) should contemplate upon
Indra as yellow 'Yamāya somam' (of which ) Yama, Yama and Anu-
stubh* ( are respectively the sage, the deity and metre )¹ Having in-
voked Yama to the south with the mantra 'for Yama ( strain ) the soma'
( Rg X 14 13 ) and with the words 'Yama, come here and stāy here,'
he should contemplate upon the dark Yama 'Tvam no Vāmadevo Varunas-
Tristubh' Having invoked Varuna to the west with the mantra ' O Agni,
remove from us', (Rg IV 1 4) and with the words 'come here, Varuna, and
stay here,' he should contemplate upon Varuna who is of the lustre of cry-
stal. Having invoked Kubera to the north with the Yajus formula ' to
the over-lord of kings' ( Tai Ā. I 31 127, Mysore ed ) and with the words
' Come here, Kubera, and stay here', he should contemplate upon Kubera of
the golden complexion ' Agnim Medhātithir - Agni Gāyatrī' Having
invoked Agni to the south-east with the mantra ' we choose Agni as (our)
messenger ' ( Rg I 12 1 ) and with the words ' Come here, Agni, stay
here' he should contemplate Agni of the golden colour 'Mo su no Ghoraḥ
Kaṇvo Nirṛtir-Gāyatrī' Having invoked ( Nirṛti ) with the mantra 'may
not kill us' ( Rg I 38 6 ) and with the words 'here &c ', he should contemplate
upon the dark ( Nirṛti) 'Tava Vāyovyas'vo Vāyu-Gāyatrī' (Having invoked)
as in the preceding cases (Vāyu) with the mantra 'O wind, your protection'
( Rg VIII 26 21 ) and ( with the words ) 'here' &c, he should contemplate
upon the smoke-coloured ( Vāyu ) 'Tam-īs'ānam Gautama Iś'āno Jagatī'.
Having invoked (Īś'āna) with the mantra 'we invoke that lord' ( Rg I 89 5 )
and with the words 'here &c ' he should contemplate upon the ruddy (Iś'āno).
To the south ( of the place where ) Indra was invoked 'jmayā atra vasavo
Maitrāvaruno Vasiṣ'tho Vasavas - Triṣtup' Having invoked the eight
Vasus with the mantra 'O Vasus, here on this earth' ( Rg VII 39 3 ) and
with the words 'come here, stay here', ( he should ) contemplate upon them.
¶Dhara, Dhruva ( this verse occurs above p 48) 'Tyān-nu Sāmmado Matsyo
dvādas'ādityā Gāyatrī' Having invoked between Indra and Iś'ānu, the twelve
Ādityas with the mantra 'indeed those kṣatriyas' ( Rg VIII 67 1 ) ( he
should contemplate on them ) Dhātā, Aryamā ( these two verses are trans-
lated above p 48 )
'Ā Rudrāsaḥ s'yāvās'va ekādas'a rudrā jagatī ' To the west of Agni having
invoked the Rudras with the mantra ' O Rudras, come' ( Rg V. 57 1 )
and with the words ' here ' ( he should contemplate &c ).

1. In each of the following cases, before the actual mantra [is cited, we have the
   pratīkas of the mantra ( the first words for recognising it ), its rṣi ( sage ), its devatā ( deity )
   and metre The translation therefore does not set out all these details in brackets hereafter.

• P. 64 ( text ). ¶ P. 65 ( text ).
  V. M. 8

58 VYAVAHĀRAMAYŪKHA
Vīrabhadra Śambhu (these two verses occur above p. 49)
Brahma jajñānam Gautamo Vāmadevo Brahmā Triṣṭup Having invo-
ked Brahmā between Yama and Nirṛti with the mantra 'when prayer was
being born' (Vāj. S 13. 3) and with words 'here' (he should contem-
plate etc.) Of the mantra Gaurīr mimāya Dhīrghatamas Umā and Jagatī
(are the sage deity and metre). Having invoked the Mothers with the
mantra 'Gaurīr mimāya' (Ṛg I 164 41) and with the words 'come
here mothers, stay here' (he should &c.)
Brāhmī Māheśvarī (vide p. 48 above)

• Gaṇānāṁ tvā Gṛtsamado Gaṇādhipatir jagatī To the north of Nirṛti
  having invoked Gaṇeśa with the mantra (we invoke) thee lord of
  groups (Ṛg II 23 1) and with the words 'here &c' (he should &c.)
  Maruto yasya Rāhūgaṇo Maruto Gāyatrī To the north of Varuṇa having
  invoked the Maruts with the mantra 'in whose house Oh Maruts' (Ṛg I 86.1)
  and with the words 'here' (he should &c.)
  Gaganasparśana Vāyu (vide p. 49 above)
  Jātavedaso Kas'yapo Durgā Triṣṭup To the north of the balance having
  invoked Durgā with the mantra for (Agni) Jātavedas (Ṛg. I 99 1)
  and with the words 'here' (he should &c.) Having thus invoked these
  deities he should worship them. In accordance with the details of ceremo-
  nial worship beginning with the words 'Om I offer water by way of honour
  to dharma salutation to him' he (the judge) should offer to dharma
  water by way of honour (arghya), water for washing the feet, water for
  sipping (ācamanīya), madhuparka, water for sipping, water for bathing,
  clothes, the sacred thread, water for sipping, and ornaments such as coronet,
  armlet and the like as the last item (of worship). He should then offer to
  Indra and the other (subsidiary) deities in their respective names (uttered)
  in the dative case and preceded by the syllable 'om' and followed by the
  word namaḥ, the items of worship from arghya (water by way of honour)
  to ornaments according to appropriateness (and not all promiscuously to
  all).¹ He should then offer to dharma sandalwood paste, flowers, incense,
  lamp, naivedya (some eatable by way of offering) and curd, cake and
  holy grains of rice and should offer to Indra and the rest sandalwood paste
  1 We saw above that in an ordeal dharma is the principal deity and the
  rest are subsidiary ones. The item when offered to Indra will appear in the form 'Om
  Indrāya arghyaṁ prakalpayāmi namaḥ'. The word 'pātrī' means 'due regard
  to appropriateness of the items to the person to whom they are offered.' Small
  ... ornaments remain specialized to Dharma... the
  are to be offered to Dharma alone and not to Indra and the rest while water &c. are
  to be offered to all from Indra to Durgā. Vide pp. 101-102 for full explanation.
  The reference is to Jaimini V. 2. 1-3 and Pārthasārathi thereon.
  P. 60. (text)

ORDEALS 59
and the rest as before (i. e. according to appropriateness). The sandalwood
paste and the flowers to be employed in the balance ordeal and in the wor-
ship of dharma should be red, but those for the worship of Indra and the
rest may be (red) if available (or of any other colour). The judge is
to perform the whole procedure of the ceremonial up to this stage. Then,
after kindling domestic fire in the four directions by means of four sacri-
ficial priests homa (burnt offering) should be performed. *In doing that,
having first uttered the sacred Gāyatrī together with 'om' and having
uttered the syllable 'om' with 'svāhā' at the end, the priests should
throw into the fire for savitṛ (the Sun) 108 times each offerings of clari-
fied butter, boiled rice and fuel sticks. Then the person complained against
should write on a leaf (or paper) the matter charged against him and also the
following mantra. The sun, the moon (this occurs above p. 50). Then the leaf
(or paper) should be placed on the head of the person complained against who
is to be cleared (of guilt). All these details beginning with the invocation of
dharma and ending with the placing of the writing on the head are
common (the same) for all ordeals. Then the judge should recite (the
following) mantra before the balance by way of exhortation.
Oh balance (dhaṭa), thou wert created by Brahmā for the purpose
of testing those who are wicked. Thou art named dhaṭa, thou, being
dharma as the letter "dha" shows, detectest, when held (as a
balance), the crooked man, as the letter ṭa (contained in the word
dhaṭa) indicates.$^1$ Thou knowest the evil and meritorious deeds of
all beings which mortals do not know, thou alone knowest every
thing. This man charged (of a wrong) in this judicial proceeding
desires to be cleared of it, therefore thou wilt please save him from
the suspicion according to (the dictates of) righteousness.
Then the person charged should recite the following mantra before
the balance (Yāj. II. 101-2):
Oh balance, thou art the abode of truth; thou wert created by the
gods in times of yore. Therefore speak out, auspicious one, the truth
and free me from suspicion. ¶If, mother, I be a sinner, then carry
me downwards, if I be innocent, raise me high up.
Then the judge should have the accused person, who has the writing
on his head, placed in the balance occupying the same place (i. e. pan)
and the same position (relatively to the torana), and should keep him
there in the same condition for five palas (i. e. two minutes). At the

1. This gives a fanciful etymology of the word dhaṭa,
   P. 67 (text). ¶ P. 68 (text).

60 VYAVAHĀRAMAYŪKHA
time the innocence or guilt should be examined by pure brāhmaṇas and
should be communicated to the king and the sabhyas (members of the
court) Then the (person charged) should get down from it (the
balance) and should please the judge, the brāhmaṇas and the priests with
fees (dakṣiṇā) according to his means Then having taken leave of
the deities with the mantra arise Oh Brahmaṇaspati (Rg I 40 1)
and with the words may the tribes of gods depart he should hand
over everything to the judge
Now (begins) the method of the fire (ordeal)*
Pitāmaha says
I shall proclaim the method of fire (ordeal) as laid down by the
śāstras He should prepare eight maṇḍalas and a ninth in front
(or to the east of them) Those who know the vedas declare that the
first maṇḍala (circle) is that of Agni the second of Varuṇa, the
third of the god Vāyu, the fourth of god Yama the fifth of Indra
the sixth of Kubera the seventh of Soma the eighth of Savitṛ (the
Sun) and the ninth of all the gods
Madana ¹ however, read (the passage) as the eighth is of all the gods
while the ninth that is to their east is a large one and belongs to the
Earth. The maṇḍalas should be constructed with cowdung and should
be sprinkled with water The same author (Pitāmaha) declares the
extent of the circles (Nārada p 109 vv 235-236)
The distance of one circle from (the beginning of) another is declared
to be thirty two aṅgulas In this way the eight circles would come
up to two hundred aṅgulas plus fifty-six This is the way in which
the ground is to be divided
The word maṇḍalāt means from the beginning of a circle The meaning
is that the ground covered by one circle and by the space intervening
(between it and the next circle) would together come up to thirty two
aṅgulas Here each circle is to be of sixteen aṅgulas (finger-breadth) and the
space between two circles is also to be the same as Yājñavalkya says
(II 106)
A circle is to be known to be sixteen aṅgulas (in extent) and
the intervening space was to be the same

1. For Madana, the author of the encyclopaedic work on dharma called Madana
   ratna, vide my History of Dharmaśāstra pp. 389-393. He flourished between 1350-1460 A.D.
   P 62 (text)

FIRE ORDEAL 61
If the foot of the person to be cleared be more than sixteen angulas in
length, * then the intervening space (between two circles) would be less
than sixteen angulas; if the foot of the person to be cleared be less than
sixteen angulas, then inside the circle of sixteen angulas another circle
of the length (i e diameter) of his own foot should be drawn As to
what Nārada reads after the words ' ' in this way two hundred angulas ' ,
viz 'forty more of the ground calculated in angulas' (Nārada 1 286),
that has to be interpreted as leaving out of calculation that part of the
ground that is covered by the space intervening between the eighth and
ninth circles, as (that space) was not to be traversed (by the person
performing the ordeal) Similarly the reading of Kalpataru ¹ '(plus)
twenty-four (angulas) is declared to be the allotment of ground' has
to be interpreted as stating the extent of angulas after omitting (from
calculation) the first circle in which (the person undergoing the ordeal)
has to stand
In each circle are to be placed kus'as as laid down by the śāstras
and the settled rule is that the person performing the ordeal should
plant his foot on them
In the Mitākṣarā and the Madanaratna (we read) 'he should offer into
fire ghee 108 times as a propitiatory rite' and Vijñānes'vara says that this
homa should be accompanied with the mantra 'agnaye pāvakāya svāhā'
(oblation to fire, the purifier) Nārada says (p 109 vv 288-289) :
A person who is a blacksmith by very birth (caste), who is clever in
kindling fire and who has seen the procedure (of fire ordeal) on other
occasions should heat in fire a ball of iron till it becomes red hot and
emits sparks and should guard it (from profane touch)
Pitāmaha says
He should heat in fire on all sides an iron ball of eight angulas and
weighing fifty palas ² having made it even and without edges
† The Kālikāpurāṇa says .
The king should give to the person charged a rounded iron piece
weighing fifty palas and twelve angulas long and, blown redhot.
S'ankha--likhita declare that the (iron) ball is to weigh sixteen palas 'or
having held in his folded hands an (iron) ball of sixteen palas, covered

1. This oft-quoted work was composed by Laksmidhara under the Kanoj ruler
   Govindacandra (1104-1155 A D.) Vide History of Dharmas'āstra pp 315-318.
2. Each pala weighed 320 guñjas according to the Līlāvatī. Vide notes to V. M
   p 104 According to Raghunandana, 20 palas were equal to 66 tolas, five māṣas and four
   guñjas and 12 guñjas were equal to one māṣa and eight māṣas equal to one tola. Vide
   notes to V. M p 111.

• P. 70 (text), † P. 71(text),

with seven as'vattha ( fig tree ) leaves and made red hot. This holds
good when ( the person undergoing the ordeal ) is weak ( and not able to
carry a heavy ball of 50 palas ). The iron ball is to be heated thrice
as declared by Nārada ( p 109 v 290 ) 'when heated by the third
heating. Having first heated it and then plunged it into water
having again heated it and plunged it in water when it is being
heated again ( a third time ) the judge should perform ( all the details
described above ) beginning with the invocation of fire and ending with
placing the writing on the head ( of the person performing the ordeal )'
Here Pitāmaha declares a special rule as to the worship of fire
The king should cause the worship of fire to be made with red sandal,
red incense and red flowers
Hārīta says
( He ) should stand facing the east stretching out the fingers of his
hand with wet garments, pure and with the leaf ( or writing ) placed
on his head
The word s'odhya ( the person to be cleared of guilt by ordeal ) is to be
understood here Pitāmaha says
He should stand in the first circle facing the east with folded hands
and purified
*Nārada ( p 110 v 301 ) says
He should make red marks on all sores of the hands ( of the person
undergoing ordeal ) and should examine them again ( after the ordeal )
to see whether they ( the hands ) are marked with the identical dots.
Yājñavalkya ( II 103 ) says
Having marked the hands of the person on which grains of rice
have been rubbed he should cover them ( the hands ) with seven leaves
of the as'vattha ( fig ) tree and should fasten round them as many threads
( i e seven )
Vijñānes'vara holds that the word 'tāvat' is an adverb and that the mean-
ing is that he should pass the thread ( round the leaves ) seven times while
Madana holds that the meaning is that he should pass round ( the leaves ) only
once a string of seven threads, the word tāvatsūtra ( being a single com-
pound word and ) meaning a bundle of as many threads ( as seven )
Pitāmaha says
He should place on the hands ( of the person to be cleared ) seven
Pippala leaves auspicious grains of rice flowers and curds and there is
also to be a fastening of threads round ( all )
P 72 (text) Hariṇapāda (or-pada) means hiṅgulaka ( vermilion )

FIRE ORDEAL 63
The mantras to be recited by the judge here before the fire in the iron
ball as invocation will be declared in ( the section on ) the procedure of the
rites Yājñavalkya ( II. 104-105 ) says
Oh fire, the purifier, thou movest within all beings , wise one, declare
like a witness the truth about me from out of sin or righteousness
When he ( the person performing ordeal ) has uttered these words, ( the
judge ) should place in both his hands the iron ball that weighs fifty
palas, that is even ( without edges ) and that glows red
Pitāmaha says
The king who is devoted to dharma or ( the judge ) appointed by him
taking hold of it ( the red-hot iron ball ) with a pair of tongs should
place it in his hands
*Nārada ( compare p 110 v 296 ) says
He ( the person undergoing ordeal ), being urged on by the judge and
holding in both his hands that (the red-hot ball), should stand in one circle
and then walk straight over the other seven circles ( so that he then
reaches the eighth )
Pitāmaha says
He should not walk hurriedly, but should go slowly and at ease. He
should not pass over circles nor should he plant his foot in the interven-
ing space ( i e he must plant his foot in such a way as to exactly cover
the diameter of each circle ) Having reached the eighth circle, the wise
man ( who performs the ordeal ) should throw ( the red-hot ball ) in the
9th circle
The ( red-hot iron ) ball is to be cast in the ninth circle covered with
grass, as the Kālikāpurāṇa says
He should go over seven circles measuring sixteen fingers each with
like intervals ( between the circles ), having gone ( to the eighth ) he
should throw ( the ball ) on green grass
Pitāmaha says :—
Then ( the judge ) should throw (rub) on, the hands (of the person per-
forming ordeal ) grains of rice or barley, when his hands are rubbed with
them without any hesitation and show no change ( or injury ) at the end
of the day, ( the judge ) should declare him to be innocent ( or to have
succeeded in the ordeal )
Kātyāyana says —
If the person charged loses his footing or suffers burns elsewhere than
in the proper place ( i. e on other parts of the body, not on the hands ),
*P. 73 ( text ).

64 VYAVAHĀRAMAYŪKHA

the gods declare that that is not a (real) burn (i.e. not a blemish in
the man), he should be again made to undergo the ordeal.

• Yājñavalkya (II 107) says
  If the (redhot iron) falls earlier (i.e. before reaching the eighth
  circle) or when there is a doubt (whether his hands are injured or not)
  he should again carry the (redhot) ball.
  Now (begins) the procedure (in sequence of the ceremonial of the
  ordeal of fire). On the previous day the ground should be purified and the
  next day nine circles should be drawn. But of them the first should be of
  sixteen angulas (in diameter) and in front of it ground measuring thirty-
  two angulas should be divided into two parts in the second of which the
  second circle should be made of the same extent (diameter) as the foot of the
  person who is to walk (over the circles) the remaining will be the space
  (between the first circle and the second). Having in the same way made
  the circles from the third to the eighth together with the spaces intervening
  between them a space of sixteen angulas should be left in front (of the
  eighth circle) and the ninth circle should be made of any extent (diameter)
  whatever. In this way the eight circles together with the spaces (kept
  after each) will together come up to 256 angulas.
  Eight yavas (barley grains) placed together by their breadth or three
  grains of rice with ends against each other (i.e. placed lengthwise) are the
  measure of an angula; a vitasti is equal to twelve angulas, the cubit is
  equal to two vitastis (spans of the hand), a danda is equal to four cubits,
  while a krosa is equal to 2000 dandas and a yojana is four krosas.
  (The measures of length) vitasti and the rest will be of use later on.¹
  Then having worshipped in the nine circles beginning from the west the super-
  intending deities of each viz. Agni, Varuṇa, Vāyu, Yama, Indra, Kubera,
  Soma, Savitr and all the gods; and having kindled ordinary domestic fire to the
  south of the ground occupied by the circles, the judge should offer ghee by way
  of propitiary rite 108 times with the words svāhā to Agni the purifier.
  Then having cast into that fire a round iron ball without edges, that is
  smooth eight angulas in diameter, weighing fifty palas, and having performed
  the series of rites from the invocation of dharma to the offering of oblation
  into the fire as detailed above in the balance ordeal while the iron ball is being
  heated, the judge, when the ball has been heated the third time, should recite
  the following mantras by way of invocation before the fire in the (heated)
  iron-ball.
  'Thou, Oh Agni, are the four Vedas and to thee offerings are made in
  sacrifices, thou art the mouth of all the gods and of all brahmavādins,

1. i.e. in the section on water ordeal and on disputes between master and cowherd.
   P. 74 (text) 2 P. 75 (text)

ORDEAL OF FIRE 65
(expounders of Brahma); since thou dwellest in the stomach of all beings;
thou knowest the good and evil (that men do); thou art called pāvaka
(purifier) as thou cleansest out sin. Manifest thyself as regards sinners,
oh purifier, and send out thy flames, or oh Fire, become pure$^1$ as to those
whose minds are pure. Oh Fire, thou movest like a witness inside all
beings, thou alone knowest, oh god, what men do not know. This man,
accused of a wrong in a judicial proceeding, desires to be cleared (of it);
therefore thou wilt please save him from this suspicion according to the
(dictates of) dharma$^2$.
Tṛtīya-tāpaḥ (heating the third time) means 'in order to purify the
iron, throwing into water the iron ball that is well heated, again heating it
and throwing it into water, and then again heating it'. Having held by
means of a pair of tongs the iron ball that is well heated and so red-hot and
before which mantras have been recited as above, and having brought it in
front of the person performing the ordeal who has observed a fast, who has
bathed, whose garments are wet and on whose head is tied the writing em-
bodying the subject matter of dispute and who stands in the westernmost
circle, the judge should place it on the hands (of the person undergoing
ordeal) that have been purified (or treated in manner following) after the
person has recited by way of invocation the mantra.-
Thou, Oh Agni, Purifier, movest inside all beings; wise one! declare the
truth about me out of meritoriousness or sin (i. e. whether I am innocent
or sinful) like a witness$^3$.
The word 'kṛtasaṁskārayoḥ' (that have been purified) means 'that
are folded after grains of rice are rubbed over them, that are marked with
alaktaka (red dye) in places where there are dark *sesamum-like spots, wounds,
or hardened skin, that have placed in them seven leaves of Aśvattha of equal
length or in case the latter are not available, seven leaves of the Arka plant,
seven leaves of Śamī or of Dūrvā, sacred grains of rice, and also grains of
rice smeared with curds and flowers; and that (hands) are covered over
seven times with seven white threads. Then the person performing the
ordeal, planting his foot just on the circles (i e so as to exactly cover them)
from the second to the eighth and having thus walked slowly seven steps,
should cast the (red-hot) iron ball held in his folded hands on to the ninth
circle. Then after his hands are again rubbed with grains of rice, if they
are (found to be) unscorched, he is pure (innocent),
Here ends the method of the fire ordeal.

1. The reading of Mit. and Aparārka 'be cool' for 'be pure' is decidedly better.
2. The last two verses are Viṣṇudharmasūtra 11. 11-12.
3. This is Yāj. II. 104.
   *P. 76. (text).
   V. M. 9

66 VYAVAHĀRAMAYŪKHA
Now (begins) the method of the water ordeal
Pitāmaha (says)
Henceforward I shall declare the ancient and proper method of water
(ordeal) A wise (judge) should get a circle (of ground) prepared (cow
dunged) He should piously worship arrows with incense and lamps and a
bamboo bow with auspicious rites, flowers and incense and then carry on the
rites (connected with the ordeal)
The word dhūpadīpābhyām (with incense and lamp) is to be connected
with the words śarān sampūjayet (he should worship the arrows) And
the worship is to be performed in the (cow-dunged) circle Nārada (p. 112
v 307) speaks of the lengths of bows
A formidable bow measures 107 (aṅgulas) a middling one is declared
to be 106 in length and a feeble (of lowest length) one is known to be
105 This is the detail about bows. A clever man, placing a target at
(the distance of) 150 cubits (from himself) should discharge three arrows
with a middling bow
Saptaśatam means 'hundred and seven aṅgulas In the same way
are to be explained ṣaṭśatam and pañcaśatam Kātyāyana says
He should employ for the purpose of purification (by water ordeal)
arrows the points of which are not made of iron but of pieces of bamboo,
while the person discharging (the arrows) should discharge them forcibly
Nārada (p. 257 v 53 p 258 v 51 and p 258 v 58) says —
Having gone to a reservoir of water one should erect on its bank a
toraṇa as high as the ear (of the person performing ordeal) on a holy and
even plot of land He having his mind composed should first offer worship to
Varuṇa with fragrant sandal paste and flowers and with honey milk and
ghee. A strong man, either a Brāhmaṇa, Kṣatriya or Vaiśya free
from love or hatred (for the person undergoing ordeal) should be made to
stand like a post in water as deep as his navel.
Pitāmaha says —
The king should first make a person hold the post (of a sacred tree like
khadira) and stand in water facing the east and having made the person
who performs the ordeal to stand in water he (the king) should invoke
the gods and should recite mantras before the water
Devān means dharma and the rest He should perform (the rites)
beginning with the invocation of dharma and ending with the placing of the

• P. 77 (text).