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

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).

ORDEAL OF WATER 67
writing on the head (of the person performing ordeal) The mantras to
be recited by way of invocation will be found in the prayoga (the de-
tailed description of the sequence of the rites given below).
Vyāsa says :¹
Having invoked water with the word 'Oh Varuṇa, save me with truth',
he (person performing ordeal) should dive into the water, holding the
thighs of the person who stands in naval-deep water.
Kam means 'water' and abhis'āpya means 'having recited mantras before
it'. Bṛhaspati (p 318 v. 21) says:
After making the (strong) man enter the water, three arrows should
be discharged:
*Pitāmaha says:
The discharger (of the arrows) should be a kṣhatriya or even a
brāhmaṇa subsisting by the same calling (viz that of a kṣatriya); he
should not be cruel of heart, should be peaceful, pure and should have
observed a fast
Kātyāyana says:
When (the arrows) have been discharged, (the person undergoing
ordeal) should dive into the water and at the same time (another per-
son) should run (to the place where the second arrow is lying)
The meaning is 'simultaneously with the diving' (running should be done).
Nārada (p 113 vv 309--312) and Pitāmaha say:
A young man possessed of speed should run with his utmost strength
from the place whence the arrows were shot (i e from the torana) to
the place where the second arrow fell. Another man of the same sort
(i e young and swift) taking the second arrow then returns with
speed to the place whence the other (young) man started (i. e to the
torana). If the (young) man who carries the arrow does not see when
he comes (to the torana) the person (the s'odhya) who had dived into
the water, then (the judge) should declare (the s'odhya) to be pure
(innocent); otherwise he would not be purified, even though only a single
limb (such as the ear) were seen or even if he were to float to a place other
than where he was first made to enter (i e. where he dived)
The word ekāngasya should be construed as referring to the ear And so
Kātyāyana says:
(the king) should declare him also to be purified whose head alone
is seen after he plunges into water, but neither the ears nor the nose.

1. This is also Yāj 2. 108.

• P. 78 (text),

68] VYAVAHĀRAMAYŪKHA
Pitāmaha says :
It is the place where the arrow first fell that is to be taken, the distance
covered by its creeping is to be left out of account
*Nārada (p. 258 v 57) says
Those two who out of fifty runners would surpass in speed the others
should be appointed for the purpose of bringing the arrow
Now begins the ceremonial in sequence (of the water ordeal) The
place of water that is to be used (in this ordeal) should be a river the sea
a deep reservoir reservoir near a temple a lake or a pond the water whereof
is not agitated Scanty waters, or those that are brought artificially or that
are full of weeds, moss, waves, mud, sharks, leeches or fish or the like or
that flow rapidly, should be avoided. In such water that is navel-deep a
post of dharma made of sacrificial tree (viz khadira) should be implanted.
Near it on the western bank.(of the water) a torana (an ornamental arch
or structure) as high as the ear of the person performing ordeal should be
raised. Near it should be placed a bamboo bow of 106 angulas and three
bamboo arrows the ends of which are not made of iron. The target should
be erected in a good spot at a distance of 150 cubits from the torana Then
having worshipped the bow together with the arrows with white sandal paste
and white flowers, having invoked Varuṇa in the reservoir of water and
having worshipped him (Varuṇa),¹ having carried out (the rites) beginning
with the invocation of dharma and ending with oblations to fire that have
been already described and having tied on the head of the person to be
cleared (by ordeal) the writing containing the matter of complaint the jugde
should invoke water with the following mantra
Water! thou art the life of living beings thou wert created the first in
creation thou art declared to be the means of the purification of substances
and embodied beings therefore show thyself in (this) investigation about
righteousness and sin
Then the person (who performs the ordeal) should recite the mantra
'satyena mābhirakṣa tvaṁ Varuṇa (Yāj II 108 p 67 above) Then the person
who performs ordeal should approach the strong man who holds fast the post of
dharma who faces the east and who stands in water navel-deep. Then from
the place where the bow was kept a ¶ kṣatriya or a brāhmaṇa pursuing the
former s avocation should firmly shoot towards the target three arrows that
have no iron points. Then one swift person should stand holding the middle
arrow at the place where the arrow fell not minding the distance over which
it crept and another (equally) swift man should stand at the foot of the torana
whence the arrows were discharged. And a swift man (here) is one who

1. In the Ṛgveda and in later mythology also Varuṇa is the lord of waters. Vide
   Ṛg. VII 49 3 yāsāṁ rājā Varuṇo yāti &c.

• P, 79 (text). ¶ P 80 (text)

ORDEAL OF WATER 69
surpasses in speed fifty runners Then the judge standing at the foot of the to-
rana should clap his hands thrice and simultaneously with the third clap
the person undergoing ordeal and the swift man at the foot of the torana
should ( respectively ) dive and run fast The diving should be done after
holding the thighs of the person who holds fast the post of dharma. Then
when ( the swift man ) reaches the place of the falling of the middle arrow
the ( other swif man ) who stands there holding the arrow should go fast to
the torana and if he finds the person performing the ordeal still inside the
water then he is cleared ( of guilt ) He is cleared even if only the head is
seen, but not if he sees some other limb such as the ear or if he (the s'odhya)
floats to some spot other than where he dived. Here ends the method of
water ordeal.
Now (begins) the method of poison ordeal.
On this point Nārada ( p 260 vv 69-70 ) says —
After having worshipped Mahes'vara¹ ( S'iva ) with incense, offering
( of food ) and mantras, one should, after observing a fast, administer
poison ( by way of ordeal ) in the presence of gods ( idols ) and brā-
hmanas A brāhmana, whose mind is concentrated and who faces the
north or the east should administer ( poison as ordeal ) only in the presence
of brāhmanas to a person who stands facing the south
The same author ( Nārada p 115 v. 324 ) states the quantity of the poison
( to be administered ) :
In the rains the quantity ( of poison ) is to be of the weight of four yavas
(grains of barley), in summer it is declared to be five yavas, in Hemanta
( 1 e December and January ) it is to be seven yavas and in S'arad
( i. e October-November ) of less quantity than the latter.²
*Alpā' ( of less quantity ) means 'of three yavas' Hemanta includes ( the
season of ) s'is'ira also ( 1 e February and March ) as S'ruti ( the Veda )
compresses the³ two ( seasons into one ); while Vasanta ( spring, April and
May ) follows as a matter of course, as it is declared ( vide above p. 46 ) as a
common season for all ordeals Vijñānes'vara holds that in that season also the
quantity of poison is to be seven yavas And poison should be administered
with ghee thirty times as much, since Kātyāyana says :—

1. S'iva is to be worshipped here most appropriately as in mythology he swallowed
   the terrific hālāhala poison that sprang up when the ocean was churned by the gods.
   2 According to the Mit. and the Vir., this last means ' of six yavas. '
2. This is a reference to the Aitareya-Brāhmaṇa I. 1., where we have ' there are
   five seasons in a year, Hemanta and S'is'ira being compressed into one, '
   *P. 81 ( text ),

70 VYAVAHĀRAMAYŪKHA
To human beings poison should be administered (as ordeal) in the fore-
noon and in a cool spot after mixing it with ghee thirty times as much
and after powdering it well.
Yājñavalkya (II. 110) states how poison is to be invoked
Poison! thou art the son of Brahmā thou art firm (or fixed) in the
duty of (deciding) the truth. Save (me) from this accusation and be like
nectar to me by truth (i. e. if I be innocent)
Nārada (p. 116 v. 325) says :
He (the person performing poison ordeal) should be kept in the shade,
should be guarded for the rest of the day without food. If he be not
affected by the (ordinary) effects of poison (till the end of the day) then
Manu says that he is purified (innocent)
The same author states another period (of waiting) when the quantity of
poison is very large
When a man shows no change (due to the circulation of poison) for a
period of five hundred clappings of hands, then he is purified (he should be
declared innocent) and then medical treatment should be resorted to (to
cure him)
In the system (treatises) on poison the stages of the working of poison
(are stated to be the following)
The first ¹working of poison causes horripilation, the next after that
(causes) perspiration and dryness of mouth, the next two (workings) pro-
duce in the body change of colour and tremor, the fifth stage of working
(gives rise to) restlessness of the eyes, hoarseness of throat and hiccough
the sixth causes heavy breath and loss of consciousness and the seventh
causes the death of the person who swallows the poison
Here (the person performing the ordeal) is to swallow the poison placed
before Mahādeva (an idol of Śiva) by the judge who has observed a fast.
'Now (begins) the method of the ordeal of koṣa (holy water)
Pitāmaha says
A man should be made to drink the water (of the worship) of that
deity of whom he is a devotee, but if he be equally a devotee of all deities
(i. e. if there is no special predilection in favour of one particular deity)
he should be made to drink the water of (the worship of) the Sun. The
water (of the worship) of Durgā should be given to thieves and to those
who live by the profession of arms, but a brāhmaṇa should not be made
to drink the water of the Sun.
Bṛhaspati (p. 318 v. 23) says

1. This verse is quoted in the Mit. (on Yāj. 2. 111)
   *P. 83 (text).

KOS'A ORDEAL - 71
Having washed the weapons of that deity to whom the person charged
is devoted, he should be made to drink three handfuls of that water.
Nārada ( p 262 v. 81 ) says :
Having summoned the person charged and having placed him in a
( cowdunged ) circle facing the Sun, ( the judge ) should make him, who has
taken a bath, whose garments are wet and who is pure, drink three handfuls
( of holy water ) according to the ritual described before ( as common
to all ordeals ).
Nārada ( p 262 v 82 ) says ;
Having worshipped that deity ( to whom the person charged is devoted )
and having washed ( the image of that deity ) with water and having re-
peated ( before the deity ) his wrong-doing, ( the judge ) should make him
drink three handfuls ( of the holy water ).
Here having observed a fast ( the previous day ), having in the forenoon
worshipped the deity ( that is a favourite with the person undergoing the
ordeal ), having taken the water used in bathing the ( image of the ) deity,
having performed ( all the details ) from the invocation of dharma and ending
with the placing of the writing on the head, the judge should invoke that
water with the mantra that is given in ( the section on ) the water ordeal.
The person performing the ordeal also having recited the mantra by way of
invocation as stated in the same ( section ) should swallow ( the water ).
Bṛhaspati ( p 318 v. 24 ) says .
There is no doubt that if no misfortune is seen to visit him ( who
performs the kos'a ordeal ) or his son, wife and wealth within a week or
within two weeks ( from the day of the ordeal ), he is innocent ¹
*Now ( begins ) the method of ( the ordeal of ) rice.
Here Pitāmaha says
I shall declare the method of grains of rice about which information
is conveyed in ( works ) defining it Grains of rice are to be given
( as ordeal ) in theft and in no other case²; this is settled Grains of rice
( S'āli ) and of no other corn should be made white ( i e unhusked ) ( The
judge ) should place, himself being purified, those ( grains of rice ) before
the ( image of the ) Sun in an earthen vessel, mix them with the water in
which the image of the Sun is bathed and keep them there ( i e immersed
in that water ) for that night, having first of all performed on that night
according to the s'āstra the rites beginning with the invocation ( of dharma
and other deities ).

1. Compare Yāj. 2. 113 and Viṣṇu. Dh S XIV 4-5. The period of seven days
   applied to light offences.
2. This is only illustrative. It only means that this ordeal was employed only
   where the disputes related to money.

• P. 83 ( text ).

72 VYAVAHĀRAMAYŪKHA
Kātyāyana also says
In (the ordeal of) swallowing the grains of rice immersed in the water
of the bath of the deity (the person performing it) should be decided to
be pure (innocent) if the saliva (that he spits) is unmixed (with blood)
and should be decided to be impure (guilty) if it be otherwise ¹
Pitāmaha (= Nārada p 119 v 342) says
(The judge) should declare him to be impure (guilty) who shows
blood (in his saliva) whose chin and palate are shattered whose body has
a tremor
Now (begins) the method (of the ordeal) of the heated mass (of gold)
Pitāmaha says
I shall declare the good method of the heated māṣa (of gold) in freeing
(men from accusations) (The judge) should have a round vessel of iron
or copper or clay made of sixteen angulas (in diameter) and four angulas
deep. He should get it filled with ghee and oil weighing twenty palas,
*when the latter (ghee and oil) are well heated (the judge) should then
cast in it a gold piece weighing a māṣaka ² He (the person performing
the ordeal) should take out the heated golden māṣaka with the thumb and
the fingers of his hand.³ If he does not jerk his fingers or there is no
scalded skin (when he takes out of the ghee and oil the heated piece,) he
whose fingers are uninjured should be declared to be innocent by virtue of
his righteousness.
The same author (Pitāmaha) describes another method (of this ordeal) ⁴
He (the judge) being pure should put cow s ghee in a vessel of gold
silver iron or clay and have it heated on fire He should cast into it a
beautiful seal-ring washed once with water and made of gold silver copper or
iron When (the ghee) is full of whirling ripples and bubbles and when it is
not capable of being touched (even) with the nails he should test it (i. e
whether it has reached the boiling point) with a green leaf so as to produce the
sound of churu ⁵ Then he should once repeat the following mantra by way
of invocation before it (the heated ghee) Thou art Oh ghee, the holiest thing

1. According to Nārada (ṛṇādāna 341) he should be made to spit on a leaf of
   aśvattha or bhūrja.
2. A golden māṣaka was equal to five kṛṣṇalas (guñjas)
3. The forefinger and the middle finger were to be joined to the thumb in taking out
   the heated piece of gold.
   4 These five verses are also Nārada (pp 119-120 vv 344-48)
   5 When ghee reaches the boiling point, if a green leaf were dipped into it, there
   would be a sound similar to the word charu This is the test for finding out whether the
   ghee has reached the boiling point.
   P. 34 (text).

TAPTAMĀṢA ORDEAL 73
in sacrifices, thou art nectar, oh purifier; burn him (the person undergoing
ordeal) if he be a sinner, be cool as ice if he be pure'. Then he (the judge)
should make him (the person performing the ordeal), who has fasted, who
has taken a bath, who comes with wet garments on, take out the seal-ring
from the midst of the ghee. Then persons who are (appointed to) super-
vise (the ordeal) should examine his forefinger That man is pure whose
skin is not scalded; otherwise he is impure (guilty)
The method of (ordeal by) ploughshare.
Bṛhaspati says (p. 318 v 28)
The ploughshare (phāla) is said to be of iron, weighing twelve palas
and eight angulas long and four angulas broad. *The thief should lick it
once with his tongue when it is red hot. If he is not burnt, he establishes
his purity (innocence), if otherwise he loses (i.e. he is guilty)
Now (begins) the method (of ordeal) based on (image or picture of)
Dharma.
Pitāmaha says.—
I shall now describe the method of testing by means of Dharma and
Adharma men who are guilty of causing bodily injuries, or who have
monetary disputes or who desire to undergo penance (for sins) He
should have prepared a silver (image of) dharma and a leaden or iron
(image of) adharma or he (the judge) should draw on bhūrja (birch leaf)
or on a piece of cloth dharma and adharma (respectively) of white
and black colour Having sprinkled (over the images or pictures) pañ-
cagavya,¹ he should worship (dharma and adharma) with sandal
paste and flowers (The image or drawing of) dharma should be wor-
shipped with white flowers and adharma should wear dark flowers.
Having performed these rites and applied sandal-wood paste to them, he
should place them (images or drawings) inside two balls which are made
of cowdung or clay The two should be placed unseen inside an unused (i e.
new) earthen vessel in the presence of gods (idols) and brāhmanas and
in a cowdunged and holy spot. He should then invoke the gods and loka-
pālas as laid down already (in the section on rites common to all ordeals
p 48) After having invoked dharma he (the judge) should write on a leaf (or
paper) the subject matter (of dispute or complaint) 'If I am free from
guilt, may (the image or drawing of) dharma come to my hands'—
(saying this) the person charged should quickly catch hold of one (out
of the two images)² If he takes hold of dharma he is (to be declared)

1. The five things with which this is prepared are the dung, urine, milk, curds,
   clarified butter of a cow.
2. This procedure closely resembles drawing lots.

• P. 85 (text).
  V. M. 10

74 VYAVAHĀRAMAYŪKHA
innocent. If he takes hold of adharma he loses (i. e. he is guilty).
In this way has been briefly declared the testing (of an accused) by
means of dharma and adharma.
Bṛhaspati* (p. 319 vv. 30-33) says —
'Dharma and adharma should be drawn on two leaves (respectively)
as white and dark. Having invoked them with mantras that infuse life
(into images¹) and with sāman hymns like the Gāyatra² and others
he should worship them with sandalwood paste and with white and dark
flowers. Having then sprinkled pañcagavya over them and having
placed them inside clay balls of equal size they (the clay balls) should
be placed unobserved in a jar. Then (the person performing this ordeal)
should quickly take out of the jar one of the balls. If dharma is drawn
then he is (to be declared) pure and should be honoured by those who
tested him.'
Now (begins) the procedure³ (in sequel of the various items in this
ordeal). Having drawn a white image of dharma and a dark one of
adharma on two leaves, having recited the mantra ām hrīm kraum
ham yam, ram, lam vam, śam ṣam sam hamso⁴, the prāṇas (life) of
dharma (may be present) here again, having recited the life of dharma
is again established here, having (ceremonially) endowed with life the painting
of dharma, with these words, 'may all the sense organs of dharma,
speech, mind, eyes, ears, smell and prāṇas (life-breaths) come here
happily dwell here long, svāhā,' and having invoked (dharma) with the
recitation of the Gāyatra sāman if it be known or if unknown, with the
recitation of the Gāyatrī mantra together with the Vyahṛtis⁵ and (the
sacred) syllable om, having worshipped dharma and adharma with a white
and a dark flower respectively having sprinkled pañcagavya (on the paint-
ings of dharma and adharma) after uttering om, having placed in two clay
balls dharma with the white flower and adharma with the dark flower he
(the judge) should place it in a fresh (unused) jar. The judge⁶ should then
perform the rites beginning with the invocation of dharma and ending with
the homa to fire and should tie on the head of the person to be cleared the
writing containing the subject-matter of dispute to the accompaniment of
(appropriate) mantra. The person to be cleared (of guilt) should say 'if
I am free from sin, may dharma come to my hand' and should take out

1. This refers to mantras that are prescribed for prāṇa-pratiṣṭhā (infusing life or
   endowing with godhead) of images. Vide notes to V. M. p. 112.
2. Vide Sāmaveda (B. I. ed. vol. V p. 601) for Gāyatra Sāman.
3. The whole of this prayoga to the end occurs verbatim in the Divyatattva of
   Raghunandana.
4. For these mystical words compare Agnipurāṇa chap. 21.
5. The Vyahṛtis are the mystic words bhūḥ, bhuvaḥ, svaḥ.
   P. 65 (text). 7 P. 37 (text).

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

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

74 VYAVAHĀRAMAYŪKHA [ B. III. 4
[ M p 31 ll. 19-24
the deep-seated bones, eye disease, disease of the throat insanity headache
and fracture of the arm---these are the diseases of men which are ( to
be regarded as ) due to ( the wrath of ) God
Daivavisaṁvāde means in case of the death of a near relative and
the like By the words tasyaikasya ( when it befalls him alone ) are ex-
cluded epidemic diseases ( like cholera ) that affect a whole locality (at once)
In this passage as the word tasya refers to the word abhiyukta ( the per-
son charged ) that already occurs ( in the preceding verse ) disease and the
rest are an indication of defeat when they befall only the person charged and
not when they befall his son or the like That ( disease or the like indica-
tion ) again must be great ( serious or formidable ) and not slight. This has
been already said above With this very idea Vācaspatimiśra says the
meaning is that disease and the rest that are peculiar to the person charged
( and not common to all ) are indications of defeat It is therefore that
the text mentions only the death of a near relative and not the disease of a
near relative.

S IV 1 1 2 ] DETERMINATION OF HERITAGE 77
M, p, 81 l, 25 p 32 l, 15 ]
The determination of heritage.*
Now (begins the discussion of) ownership that is useful in the deter-
mination of dāya and the like. And that (ownership) is a kind of capacity
arising from purchase, acceptance (of a gift) and the like. That purchase
and the like are the causes of ownership is understood from worldly usage
alone and not from śāstra¹ (alone), since it (the notion of ownership)
is seen even among those who are ignorant of śāstra and since it is more
cumbrous to suppose that ownership springs from (the prescription of) śāstra
(than the other theory) Bhavanātha² also in his work called Nayaviveka
says the same thing As to the text of Gautama (Dh. S. 10. 39--42)
'ownership (arises) by riktha (heritage), purchase, partition, seizure (of
things unowned) and finding (of hidden treasure &c,); in the case of
brāhmaṇas, what is acquired (by gift) is an additional (source of ownership),
in the case of kṣatriyas, gains of conquest (are an additional source) and
nirveśa (profit making and service) (is an additional source of ownership)
in the case of vaiśyas and śūdras (respectively)', it merely repeats the
sources (of ownership) that are already known from ordinary worldly life³
People employ the word riktha to denote that which becomes one's own by
the mere extinction of the (previous) owner's property therein. The
word mātra (mere) is used (in the above definition of riktha) to exclude
purchase and acceptance (from the denotation of riktha⁴). In this passage
(of Gautama) the word riktha is capable of denoting such an extinction (of
ownership) only, since it is mentioned along with (other) means of owner-
ship such as purchase and the like⁵ and on account of the maxim ' (the

1. Whether the question of ownership (over a thing) is understood from śāstra
   alone or from the usage of worldly people is a subject very elaborately discussed in the
   Mit The Smṛtisaṅgraha and Dhāreśvara held the former view, while the Mit, the Vīr. and
   most writers support the latter. Vide notes to V M pp. 114--115 for a statement of the
   reasons given by both sides for their views
2. He is a mīmāṁsaka who wrote a commentary on Śabara's Bhāṣya As the
   Smṛticandrikā quotes him, he is earlier than 1150 A D. Vide p 480 of the notes to V. M.
   3 Those who say that ownership springs from śāstra rely upon Gautama's text as a
   support. They argue that if ownership were laukika, Gautama need not have written an
   elaborate passage. To this Nīlakaṇṭha gives a reply in the following rather elaborate passage.
   Several digressions come in while Gautama's text is being expounded Anuvādaka (that
   merely repeats) is opposed to vidhāyaka (that prescribes). Vide notes to V. M. pp 164, 368
   for vidhi and anuvāda
   4 In the case of riktha the moment the previous owner dies his son or grandson
   becomes owner without any further act In the case of a gift or purchase, the donee or the
   purchaser must do some act (such as accepting the gift or taking possession &c).
3. The argument briefly is this—riktha in popular parlance means 'wealth which
   becomes one's own on the death of the previous owner' But in Gautama's sūtra 'purchase,
   partition &c' are means of acquiring wealth and not wealth itself Therefore riktha which
   is associated with them must also convey 'means of acquiring wealth' and not wealth itself.
   In the ordinary popular meaning of riktha two notions are combined viz wealth and mere
   extinction of previous ownership as a means of acquiring it Out of these two in Gautama's
   text we must understand the latter as the meaning of riktha. Vide notes to V. M. pp. 116-117.

• P. 89 (text).

apprehension of a thing does not arise) unless the attributes of the thing
are (first) apprehended¹
Dhāres'varācārya² and the author of the Smṛtisaṅgraha say 'par-
tition generates ownership for the sons and the like in the wealth of the
father which (ownership) while the father was living did not at all exist
before in the sons'³ But this is not correct, since by such texts as 'by
birth itself (sons) acquire ownership over wealth'⁴ it is conveyed that the
birth of a son by itself produces over the father's wealth ownership which is
limited by the relation of sonship and since Yājñavalkya (II 121) says⁵
The ownership of both father and son is the same in land acquired by
the grandfather in nibandha, and in chattels
1 Vide notes to V M. pp. 117 118. When we say Daṇḍī puruṣaḥ we cannot
correctly apprehend the man (the viśeṣya) unless we first understand daṇḍa (stick)
which is an attribute of the man. Riktha in popular parlance conveys two notions viz.
wealth (the viśeṣya) and extinction of ownership as the means (the attribute of that
wealth). Therefore when we understand the latter (i. e. the attribute) we can understand
the whole notion of riktha, i. e. the first notion that strikes one when the word riktha is
used is the extinction of former owner's ownership and therefore that is the primary mean-
ing of the word in Gautama's text
2. Dhāres'vara is king Bhoja of Dhārā, one of the most famous patrons of literature
in India. He reigned between 1005 and 1055 A. D. Vide 'History of Dharmaśāstra, pp. 275
279 He is quoted by the Mit.
3. There were two views, viz that ownership arises (first) on partition of what did
not belong to a man before that date or that partition takes place of that which already
belonged to one's self (though jointly with others). The former is the view of Dhāres'vara
and Jīmūtavāhana, the latter of the Mit. and a host of writers. The lines 'Dhāres'vara
cārya correct are quoted in Bai Parson v Bai Somli I. L. R. 36 Bom 424 at p. 429 where it
is said that the contrast between by birth and by partition is significant because there-
in lies the root idea or basic principle of the coparcenery system as distinguished from a
tenancy in common
4 This text is attributed to Gautama by the Mit, and several other writers and is
variously read, while Jīmūtavāhana Aparārka do not refer to it and a few writers like
Śrīkṛṣṇa Tarkālaṅkāra say that it is spurious. It is not found in the printed Gautama
Dh. S Vide notes to V M. pp. 119-121 for details.
5. The words by birth chattels are quoted in Jugmohandas v Sir Mangaldas
I. L. R. 10 Bom 528 at p. 547 Pitāmahopātta is rendered as 'received from the grand
father by Mandlik at p. 32 but on p. 43 as acquired by the grandfather Telang J in
Apaji v Ramchandra I. L. R. 16 Bom. 29 at p. 50 translates as above. Vide Samalbhai
v Someshvara I. L. R 5 Bom. 38 at p. 40 where it is said that an ancestral trade may des
cend like other inheritable property upon the members of a Hindu undivided family
6. The word nibandha means a grant of a fixed payment at stated times such as a
year or a month to a person or temple, generally under the orders of a king, such as so many
betel leaves out of each load of betel leaves sold &c. Colebrooke translated the word as
corrody but, as was observed by their Lordships of the Privy Council in Maharana
Fattehsangji v Dessai Kallianraiji L. R. 1 I A. p. 34 51 it was not a very happy translation of
it, since corrody' a word of medieval origin properly signifies a peculiar right viz. the grant by
the royal or other founder of an abbey of certain allowances out of the revenue of the abbey in
favour of a dependent or servant Vide the Collector of Thana v Hari Sitaram I L. R. 6
Bom 518 (P B.) at pp. 555-559 Lakshmandas v Manohar I L. R. 10 Bom. 149 Jatindra
Mohan v Ghanashyam 50 Cal 260 at p. 271 for various definitions of nibandha. Vide Colle-
ctor of Thana v Krishnanath I. L. R. 5 Bom. 322 at pp. 331-332 for a discussion of what was
included in nibandha.