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The Sacred Laws of the Âryas: Âpastamba - Prasna II, Patala 11
Khanda 28
1. If a person who has taken (a lease of) land (for cultivation) does not exert himself, and hence (the land) bears no crop, he shall, if he is rich, be made to pay (to the owner of the land the value of the crop) that ought to have grown.1
2. A servant in tillage who abandons his work shall be flogged.2
3. The same (punishment shall be awarded) to a herdsman (who leaves his work);
4. And the flock (entrusted) to him shall be taken away (and be given to some other herdsman).
5. If cattle, leaving their stable, eat (the crops of other persons, then the owner of the crops, or the king's servants), may make them lean (by impounding them); (but) he shall not exceed (in such punishment).3
6. If (a herdsman) who has taken cattle under his care, allows them to perish, or loses (them by theft, through his negligence), he shall replace them (or pay their value) to the owners.4
7. If (the king's forester) sees cattle that have been sent into the forest through negligence (without a herdsman), he shall lead them back to the village and make them over to the owners.
8. If the same negligence (occur) again, he shall once impound them (and afterwards give them back).
9. (If the same fault be committed again) after that (second time), he shall not take care (of them).
10. He who has taken unintentionally the property of another shall be reprimanded, in case (the property be) fuel, water, roots, flowers, fruits, perfumes, fodder, or vegetables.
11. (If he takes the above-mentioned kinds of property) intentionally, his garment shall be taken away.
12. He who takes intentionally food when he is in danger of his life shall not be punished.
13. If the king does not punish a punishable offence, the guilt falls upon him.5
Khanda 29
1. He who instigates to, he who assists in, and he who commits (an act, these three) share its rewards in heaven and its punishments in hell.
2. He amongst these who contributes most to the accomplishment (of the act obtains) a greater share of the result.
3. Both the wife and the husband have power over (their) common property.6
4. By their permission, others also may act for their good (in this and the next world, even by spending money).7
5. Men of learning and pure descent, who are aged, clever in reasoning, and careful in fulfilling the duties (of their caste and order, shall be the judges) in lawsuits.8
6. In doubtful cases (they shall give their decision) after having ascertained (the truth) by inference, ordeals, and the like (means).9
7. A person who is possessed of good qualities (may be called as a witness, and) shall answer the questions put to him according to the truth on an auspicious day, in the morning, before a kindled fire, standing near (a jar full of) water, in the presence of the king, and with the consent of all (of both parties and of the assessors), after having been exhorted (by the judge) to be fair to both sides.10
8. If (he is found out speaking) an untruth, the king shall punish him.11
9. Besides, in that case, after death, hell (will be his punishment).12
10. If he speaks the truth, (his reward will be) heaven and the approbation of all created beings.13
11. The knowledge which Sûdras and women possess is the completion (of all study).14
12. They declare, that (this knowledge) is a supplement of the Atharva-Veda.
13. It is difficult to learn the sacred law from (the letter of) the Vedas (only); but by following the indications it is easily accomplished.
14. The indications for these (doubtful cases are), 'He shall regulate his course of action according to the conduct which is unanimously recognised in all countries by men of the three twice-born castes, who have been properly obedient (to their teachers), who are aged, of subdued senses, neither given to avarice, nor hypocrites. Acting thus he will gain both worlds.'15
15. Some declare, that the remaining duties (which have not been taught here) must be learnt from women and men of all castes.
Footnotes
1. This Sûtra shows that the system of leasing land against a certain share of the crops, which now prevails generally in Native States, and is not uncommon in private contracts on British territory, was in force in Âpastamba's times.
2. See Colebrooke, Digest, Book III, Text lxviii, for this Sûtra and the following two. Another commentator, quoted by Haradatta, connects this Sûtra with the preceding, and refers it to a poor lessee of land, who cannot pay the value of the crop which was lost through his negligence. A third explanation refers the Sûtra to a cultivator who neglects to till his land. Gagannâtha's authorities, the Kintâmani and Ratnâkara, agree with Haradatta's first explanation.
3. Manu VIII, 240; Yâgñ. II, 159-161.
4. Manu VIII, 232; Yâgñ. II, 164.
5. Manu VIII, 18, 308; Yâgñ. I, 336.
6. 'Though this is so, still the wife cannot spend (money) without the permission of her husband, but the husband can do (so without the consent of his wife). That may be known by Sûtra II, 6, 14, 11, "They do not declare it to be a theft if the wife spends money for a good reason during the absence of her husband."'--Haradatta.
7. 'Others, i.e. the sons and the rest.'--Haradatta.
8. Yâgñ. II, 2.
9. 'And the like, i.e. by cross-examination, &c.'--Haradatta.
10. Manu VIII, 87 seq.; Yâgñ. II, 68-75.
11. Manu VIII, 119 seq.
12. Manu VIII, 89 seq.
13. Manu VIII, 81 seq.
14. Manu II, 223. The meaning of the Sûtra is, that men ought not to study solely or at first such Sâstras as women or Sûdras also learn, but that at first they must study the Veda. See Manu II, 168. The knowledge which women and Sûdras possess is dancing, music, and other branches of the Arthasâstra.
15. See above, I, 7, 20, 8 and 9.
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