I.

Jajmani

Introductory Remarks to the Reading Materials for the
"Jajmani" system, looking toward a proper
orientation for the preparation of a
thesis on "The Jajmani System".

In orientating myself for a proper assessing of mater-
ials on the Jajmani system that we have collected in India
regarding the actual practices involved, I made a hasty
survey of Hindu Law. I searched through the following books
for anything which seemed to relate itself to an interpre-
tation of the Jajmani system, as I understand it. Some
writers raise issues with which I shall have to square my
thinking; for example, Sir Henry Maine in his references
to caste. Others like Mr. Adam introduce a field of thought
which was unfamiliar to me. I have added definitions where
I felt they might aid to clear thinking. One case, to
which reference is made by Wm. H. Morley seemed necessary
to explain how artisans have the same privileges as a hered-
itary priest. It is not available at Cornell and the li-
brarian has sent to Harvard for it. Several laws, such as
the Slavery Acts 5 and 7 of 1843 and the Hereditary Village
Offices Act - Madras III of 1895, are not available at
Cornell and must be obtained.

The books consulted treat the subject in different ways
hence complicating the securing of facts. In one book, ref-
erence will be made to this system under Jujman; in another,
Purohit; in another, Priest; in another, Hindu Custom; in

W. H. Wiser

II.

Jajmani

another, Bye-Laws; in another, Custom; in another, Birt;
in another, Caste; in another, Slavery; in another, under
Law and Equity; in another, under Principal and Agent; in
another, "Service Tenures" etc. etc. I may have over-
looked others that would have contributed to these mater-
ials.

The materials given herewith make out a case for the
hereditary priest in relation to his master - "the jujman".
There is an indication that some Sudras were the equivalent
of slaves, which may explain the difference in treatment
meted out to menials in our village. The readings cast in-
teresting light on the duties of the different castes and
reveal something of the power of custom. Mr. Adam's mater-
ial sheds interesting light on the part the English played
in establishing Hindu Law, and the typical case given on
pages 57 to 63 describes the interesting procedure of the
English judges with their Brahman advisors.

The job is not finished. Many more books must be con-
sulted. Each new lead stimulates one to press on.

W.H. Wiser

III.

Jajmani

List of books from which quotations are made herewith.

Laws of Manu - Pages 1 - 26

by J. G. Buhler

Early History of Institutions. Pages 27 - 29

by Sir Henry Maine

Ancient Law. Pages 30 - 31

by Sir H. Maine

Village Communities in the East and West. Pages 32 - 40

by Sir Henry Maine

Domesday Book and Beyond. Page 41

by F. W. Maitland

Analytical Digest of all the Reported Cases Decided

by the Supreme Courts of Judicature in India. Pages 42 - 45

by Wm. H. Morley. Vols. I & II of 1850 and Vol. I of 1852

The Indian Digest. Pages 46 - 47

by Herbert Cowell

A Short Treatise on Hindu Law. Pages 47 - 48

by Herbert Cowell

The Anglo-Indian Codes. Page 49

by Whitley Stokes. 2 vol.

The Vakeel's Guide. Pages 50 - 51

by T. Sabbamracharyar

Digest of Hindu Law on Contracts and Successions with

a Commentary by Jagannatha Tercapanchanana. Pages 52 - 56

by H. T. Colebrooke. 3 vol.

Bengal Sudder Reports. Pages 57 - 63

by W. H. MacNaghten, Esq. 7 vol.

The Law and Custom of Slavery in British India. Pages 64 - 88

by William Adam

Indian Antiquities or Dissertations. Pages 89 - 90

by Rev. T. Maurice. In 7 volumes.

Glossary of Technical Terms, Phrases and Maxims of the

Common Law. Pages 91 - 92

by F. J. Stimson

W. H. Wiser

IV.

Jajmani

Dictionary of American and English Law. Pages 93 - 94.
by Rapalje and Lawrence 2 Vol.

Bellasis: "Reports of Civil Cases in the Sudder
Dewanee Adawlut of Bombay. Pages 95 -
(supplied by Harvard Law College)

I have not quoted from the following, but desire to
record for future reference:

Cases pertaining to the Jujman:

<table><tr><td>Page 532</td><td>Petition 177 of 1848</td><td>Bombay Sudder Dewanny 1848</td></tr><tr><td>Page 428</td><td>"</td><td>285 &" 1849 - 286</td><td>"</td><td>"</td><td>1849</td></tr><tr><td>Page 296</td><td>"</td><td>276 of 1849 - 286</td><td>"</td><td>"</td><td>1850</td></tr><tr><td>Page 398</td><td>Case 240 of 1850 - 286</td><td>"</td><td>"</td><td>"</td><td>1852</td></tr><tr><td>Page 2</td><td>Case 523 of 1853 - 286</td><td>"</td><td>"</td><td>"</td><td>1855</td></tr><tr><td>Page 362</td><td>Case 51 of 1857 - 286</td><td>"</td><td>"</td><td>"</td><td>1857</td></tr><tr><td colspan="6">(this contains a very full discussion)</td></tr></table>

From Borradaile's "Reports of Civil Causes adjudged by the
Court of Sudur Udalut for the Presidency of Bombay".

Page 169 Vol. II Case #31 of 1819

Page 374 Vol. I Case #16

Page 427 Vol. I Case #44

Page 436 Vol. II Charges of dyers for dying cloth.

Page 356 Vol. I A man resuming silk spinning.

The cases referred to in my materials that have a small
"x" in front of them, are available in the Cornell Law Li-
brary. The Bengal Sudder reports are available, but there
seems to be a difference in page numbers.

W. H. Wiser

Jajmani

Reading Materials for the "Jajmani" System
from "The Laws of Manu"
300-500 A. D.

Chap. I -

1. The great sages approached Manu, who was seated with a collected mind, and having duly worshipped him, spoke as follows:

2. 'Deign, divine one, to declare to us precisely and in due order the sacred laws of each of the (four chief) castes (vanka) and of the intermediate ones.

3. 'For thou, O Lord, alone knowest the purport (i.e.) the rites, and the knowledge of the soul, (taught) in this whole ordinance of the self-existent (Svayambhu), which is unknowable and unfathomable.'

87. But in order to protect this universe He, the most resplendent one, assigned separate (duties and) occupations to those who sprang from his mouth, arms, thighs and feet.

88. To Brahmanas he assigned teaching and studying (the Veda), sacrificing for their own benefit and for others, giving and accepting (of alms).

89. The Kshatriya he commanded to protect the people, to bestow gifts, to offer sacrifices, to study (the Veda), and to abstain from attaching himself to sensual pleasures;

90. The Vaisya to tend cattle, to bestow gifts, to offer sacrifices, to study (the Veda), to trade, to lend money, and to cultivate land.

91. One occupation only the lord prescribed to the Sudra, to serve meekly even these (other) three castes.

93. As the Brahmana sprang from (Brahman's) mouth, as he was the first born, and as he possesses the Veda, he is by right the lord of this whole creation.

96. Of created beings the most excellent are said to be those which subsist by intelligence; of the intelligent, mankind; and of men, the Brahmanas.

97. Of Brahmanas, those learned (in the Veda); of the learned, those who recognize (the necessity and the manner of performing the prescribed duties); of those who possess this knowledge,

W. H. Wiser

* which are animated; of the animated those

2.

Jajmani

those who perform them; of the performers, those who know the Brahman.

98. The very birth of a Brahmana is an eternal incarnation of the sacred law; for he is born to (fulfil) the sacred law, and becomes one with Brahman.

99. A Brahmana, coming into existence, is born as the highest on earth, the lord of all created beings, for the protection of the treasury of the law.

100. Whatever exists in the world is the property of the Brahmana; on account of the excellence of his origin, the Brahmana is, indeed, entitled to it all.

101. The Brahmana eats but his own food, wears but his own apparel, bestows but his own alms; other mortals subsist through the benevolence of the Brahmana.

102. In order to clearly settle his duties and those of the other (castes) according to their order, wise Manu sprung from the Self-existent, composed these Institutes (of the sacred law).

103. A learned Brahmana must carefully study them, and he must duly instruct his pupils in them, but nobody else (shall do it).

106. (To study) this (work) is the best means of securing welfare, it increases understanding, it procures fame and long life, it (leads to) supreme bliss.

107. In this (work) the sacred law has been fully stated as well as the good and bad qualities of (human) actions and the immemorial rule of conduct, (to be followed) by all the four castes (varna).

108. The rule of conduct is transcendent law, whether it be taught in the revealed texts or in the sacred tradition; hence a twice-born man who possesses regard for himself, should be always careful to (follow) it.

109. A Brahmana who departs from the rule of conduct, does not reap the fruit of the Veda, but he who duly follows it, will obtain the full reward.

113. The description of the modes of (gaining) subsistence and the duties of a Snataka (the rules regarding) lawful and forbidden food, the purification of men and of things.

119. As Manu, in reply to my questions, formerly promulgated these Institutes, even so learn ye also the (whole work) from me.

W. H. Wiser

3.

Jajmani

Chap.II.

2. To act solely from a desire for rewards is not laudable, yet an exemption from that desire is not (to be found) in this (world); for on (that) desire is grounded the study of the Veda and the performance of the actions, prescribed by the Veda.

10. But by Sruti (revelation) is meant the Veda, and by Smriti (tradition) the Institutes of the sacred law: those two must not be called into question in any matter, since from those two the sacred law shone forth.

13. The knowledge of the sacred law is prescribed for those who are not given to the acquisition of wealth and to the gratification of their desires; to those who seek the knowledge of the sacred law the supreme authority is the revelation (Sruti).

24. Let twice-born men seek to dwell in those (above mentioned countries); but a Sudra, distressed for subsistence, may reside anywhere.

31. Let (the first part of) a Brahmana's name (denote something) auspicious, a Kshatriya's be connected with power, and a Vaisya's with wealth, but a Sudra's (express something) contemptible.

32. (The second part of) a Brahmana's (name) shall be (a word) implying happiness, of a Kshatriya's (a word) implying protection, of a Vaisya's (a term) expressive of thriving, and of a Sudra's (an expression) denoting service.

136. Wealth, kindred, age, (the due performance of) rites, and fifthly, sacred learning are titles to respect; but each later-named (cause) is more weighty (than the preceding ones).

137. Whatever man of the three (highest) castes possesses most of those five, both in number and degree, that man is worthy of honor among them; and (so is) also a Sudra who has entered the tenth (decade of his life).

143. He who, being (duly) chosen (for the purpose), performs the Agnyadheya, the Pahayagras, (and) the (Srauta) sacrifices, such as the Agnishtoma (for another man), is called (his) officiating priest.

155. The seniority of Brahmanas is from (sacred) knowledge, that of Kshatriyas from valour, that of Vaisyas from wealth in grain (and other goods), but that of Sudras alone from age.

183. A student, being pure, shall daily bring food from the houses of men who are not deficient in (the knowledge of) the Veda and in (performing) sacrifices, and who are famous for (following their lawful) occupations.

W. H. Wiser

4.

Jajmani

186. Having brought sacred fuel from a distance, let him place it anywhere but on the ground, and let him, unwearied, make with it burnt oblations to the sacred fire, both evening and morning.

218. As the man who digs with a spade (into the ground) obtains water, even so an obedient (pupil) obtains the knowledge which lies (hidden) in his teacher.

224. (Some declare that) the chief good consists in (the acquisition of) spiritual merit and wealth, (others place it) in (the gratification of) desire and (the acquisition of) wealth, (others) in (the acquisition of) spiritual merit alone, and (others say that the acquisition of) wealth alone is the chief good here (below); but the (correct) decision is that it consists of the aggregate of (those) three.

245. He who knows the sacred law must not present any gift to his teacher before (the Samāvartana); but when, with the permission of his teacher, he is about to take the (final) bath, let him procure (a present) for the venerable man according to his ability.

246. (Viz.) a field, gold, a cow, a horse, a parasol and shoes, a seat, grain, (even) vegetables, (and thus) give pleasure to his teacher.

## Chap. III.

64. By (practicing) handicrafts, by pecuniary transactions, by (begetting) children on Sudra females only, by (trading in) cows, horses, and carriages, by (the pursuit of) agriculture and by taking service under a king.

65. By sacrificing for men unworthy to offer sacrifices and by denying (the future reward for good) works, families, deficient in the (knowledge of the) Veda, quickly perish.

78. Because men of the three (other) orders are daily supported by the householder with (gifts of) sacred knowledge and food, therefore (the order of) householders is the most excellent order.

80. The sages, the manes, the gods, the Bhutas, and guests ask the householders (for offerings and gifts); hence he who knows (the law) must give to them (what is due to each).

81. Let him worship, according to the rule, the sages by the private recitation of the Veda, the gods by burnt oblations, the manes by funeral offerings (Sraddha), men by (gifts of) food, and the Bhutas by the Bali offering.

W. H. Wiser

5.

Jajmani

92. Let him gently place on the ground (some food) for dogs, outcasts, Kandalas (Svapak), those afflicted with diseases that are punishments of former sins, crows and insects.

93. That Brahmana who thus daily honors all being goes, endowed with a resplendent body, by a straight road to the highest dwelling-place (i.e. Brahman).

104. Thosefoolish householders who constantly seek (to live on) the food of others, become, in consequence of that (base-ness), after death, the cattle of those who give them food.

118. He who prepares food for himself (alone), eats nothing but sin; for it is ordained that the food which remains after (the performance of) the sacrifices shall be the meal of virtuous men.

125. One must feed two (Brahmanas) at the offering to the gods and three at the offering to the manes, or one only on either occasion; even a very wealthy man shall not be anxious (to entertain) a large company.

139. He who performs funeral sacrifices and offerings to the gods chiefly for the sake of (gaining) friends, reaps after death no reward for Sraddhas and sacrifices.

140. That meanest among twice-born men who in his folly contracts friendships through a funeral sacrifice, loses heaven, because he performed a Sraddha for the sake of friendship.

141. A gift (of food) by twice-born men, consumed with (friends and relatives), is said to be offered to the Pisakas; it remains in this (world) alone like a blind cow in one stable.

Following the ceremony and feast to the manes "look towards the south and ask these blessings of the manes":-Part of 258.

259. "May liberal men abound with us! May (our knowledge of) the Vedas and (our) progeny increase! May faith not forsake us! May we have much to give (to the needy)!",

Chap. IV.

2. A Brahmana must seek a means of subsistence which either causes no, or at least little pain (to others), and live (by that) except in times of distress.

3. For the purpose of gaining bare subsistence, let him accumulate property by (following those) irreproachable occupations (which are prescribed for) his (caste), without (unduly) fatiguing his body.

W. H. Wiser

6.

Jajmani

4. He may subsist by Rita (truth), and Amrita (ambrosia), or by Mrita (death) and by Pramrita (what causes many deaths); or even by (the mode) called Satyanrita (a mixture of truth and falsehood), but never by Svavritti (a dog's mode of life).

5. By Rita shall be understood the gleaning of corn; by Amrita, what is given unasked; by Mrita, food obtained by begging; and agriculture is declared to be Pramrita.

6. But trade and (money-lending) are Satyanrita, even by that one may subsist. Service is called Svavritti; therefore one should avoid it.

7. He may either possess enough to fill a granary, or a store filling a grain-jar; or he may collect what suffices for three days, or make no provision for the morrow.

8. Moreover, among these four Brahmana householders, each later-(named) must be considered more distinguished, and through his virtue to have conquered the world more completely.

9. One of these follows six occupations (gleaning corn, acceptance of gifts given unasked, begging, agriculture, trade and teaching), another subsists by three (accepting gifts, sacrificing, teaching), one by two (sacrificing and teaching), but the fourth lives by the Brahmasatka (teaching).

12. A householder must give (as much food) as he is able (to spare) to those who do not cook for themselves, and to all beings one must distribute (food) without detriment (to one's own interest).

Brahmana may not eat food from a long list. 205-217. The following a partial summary:

218. The food of a king impairs his vigour, the food of a Sudra his excellence in sacred learning, the food of a goldsmith his longevity, that of a leather-cutter his fame;

219. The food of an artisan destroys his offspring, that of a washerman his (bodily) strength; the food of a multitude and of harlots excludes him from (the higher) worlds.

220. The food of a physician (is as vile as) pus, that of an unchaste woman (equal to) semen, that of a usurer (as vile as) ordure, and that of a dealer in weapons (as bad as) dirt.

221. The food of those other persons who have been successively enumerated as such whose food must not be eaten, the wise declare (to be as impure as) skin, bones, and hair.

223. A Brahmana who knows (the law) must not eat cooked food (given) by a Sudra who performs no Sraddhas, but, on failure

W. H. Wiser

7.

Jajmani

of (other) means of subsistence, he may accept raw (grain), sufficient for one night (and day).

226. Let him, without tiring, always offer sacrifices and perform works of charity with faith; for offerings and charitable works made with faith and with lawfully-earned money, (pro-cure) endless rewards.

227. Let him always practice, according to his ability, with a cheerful heart, the duty of liberality, both by sacrifices and by charitable works, if he finds a worthy recipient (for his gifts).

228. If he is asked, let him always give something, be it ever so little, without grudging; for a worthy recipient will (perhaps) be found who saves him from all (guilt).

229. A giver of water obtains the satisfaction (of his hunger and thirst), a giver of food imperishable happiness, a giver of sesamum desirable offspring, a giver of a lamp a most excellent eyesight.

230. A giver of land obtains land, a giver of gold long life, a giver of a house most excellent mansions, a giver of silver (rūpya) exquisite beauty (rūpa).

231. A giver of a garment a place in the world of the moon, a giver of a horse (asva) a place in the world of the Asvins, a giver of a draught-ox great good fortune, a giver of a cow the world of the sun.

232. A giver of a carriage or of a bed a wife, a giver of protection supreme dominion, a giver of grain eternal bliss, a giver of the Veda (Brahman) union with Brahman;

233. The gift of the Veda surpasses all other gifts, water, food, cows, land, clothes, sesamum, gold, and clarified butter.

234. For whatever purpose (a man) bestows any gift, for that same purpose he receives (in his next birth) with due honor its (reward).

235. Both he who respectfully receives (a gift), and he who respectfully bestows it, go to heaven; in the contrary case (they both fall) into hell.

247. He may accept from any (man), fuel, water, roots, fruit, food offered without asking, and honey, likewise a gift (which consists in) a promise of protection.

248. The Lord of created beings (Pragapati) has declared that alms freely offered and brought (by the giver himself) may be accepted even from a sinful man, provided (the gift) had not been (asked for or) promised beforehand.

W. H. Wiser

8.

Jajmani

249. During fifteen years the manes do not eat (the food) of that man who disdains a (freely-offered gift), nor does the fire carry his offerings (to the gods).

250. A couch, a house, Kusa grass, perfumes, water, flowers, jewels, sour milk, grain, fish, sweet milk, meat, and vegetables let him not reject, (if they are voluntarily offered).

253. His labourer in tillage, a friend of his family, his cowherd, his slave, and his barber are, among Sudras, those whose food he may eat, likewise (a poor man) who offers himself (to be his slave).

Chap. VII

69. Let him (the King) settle in a country which is open and has a dry climate, where grain is abundant, which is chiefly (inhabited) by Aryans, not subject to epidemic diseases (or similar troubles), and pleasant, where the vassals are obedient and his own (people easily) find their livelihood.

78. Let him appoint a domestic priest (purohita) and choose officiating priests (ritwig); they shall perform his domestic rites and the (sacrifices) for which three fires are required.

79. A king shall offer various (Sranta) sacrifices at which liberal fees (are distributed), and in order to acquire merit he shall give to Brahmanas enjoyments and wealth.

80. Let him cause the annual revenue in his kingdom to be collected by trusty (officials), let him obey the sacred law in (his transactions with) the people, and behave like a father towards all men.

81. For the various (branches of business) let him appoint intelligent supervisors; they shall inspect all (the acts) of those men who transact his business.

82. Let him honor those Brahmanas who have returned from their teacher's house (after studying the Veda); for that (money which is given) to Brahmanas is declared to be an imperishable treasure for kings.

83. Neither thieves nor foes can take it, nor can it be lost; hence an imperishable store must be deposited by kings with Brahmanas.

85. A gift to one who is not a Brahmana (yields) the ordinary (reward); a gift to one who calls himself a Brahmana, a double (reward); a gift to a well-read Brahmana, a hundred-thousand-fold (reward); (a gift) to one who knows the Veda and the Angas (Vedaparaga) (a reward) without end.

W. H. Wiser

9.

Jajmani

86. For according to the particular qualities of the recipient and according to the faith (of the giver) a small or a great reward will be obtained for gift in the next world.

88. Not to turn back in battle, to protect the people, to honor the Brahmanas, is the best means for a king to secure happiness.

94. But the (Kshatriya) who is slain in battle, while he turns back in fear, takes upon himself all the sin of his master, whatever (it may be);

100. Let him know that these are the four means for securing the aims of human (existence); let him, without ever tiring, properly employ them.

101. What he has not (yet) gained, let him seek (to gain) by (his) army; what he has gained, let him protect by careful attention; what he has protected, let him augment by (various modes of) increasing it; and what he has augmented, let him liberally bestow (on worthy men).

(Method of warfare and military tactics, section 87 onward)

118. Those (articles) which the villagers ought to furnish daily to the king, such as food, drink, and fuel, the lord of one village shall obtain.

119. The ruler of ten (villages) shall enjoy one kula (as much land as suffices for one family), the ruler of twenty, five kulas, the superintendent of a hundred villages (the revenues of) one village, the lord of a thousand (the revenues of) a town,

(Duties of these men - 120 onward)

125. For women employed in the royal service and for menial servants, let him fix a daily maintenance, in proportion to their position and to their work.

126. One pana (30 drahms) must be given (daily) as wages to the lowest, six to the highest, likewise clothing every six months and one drona (512 palas) (61,440 grains) of grain every month. (Middle class servants three times the lowest).

Weights

viii.

132. Floating particle of dust (mote) = 1 trasarenu
 trasarenu = 1 liksha (the egg of a louse).

133. 3 liksha = 1 rāgasarshapa (one grain of black mustard)
3 rāgasarshapa = 1 white mustard seed.

W. H. Wiser

10.

Jajmani

134. 6 grains white mustard seed = 1 middle sized barley corn
3 barley corns = 1 krishuala (raktika, or gunga berry)
(0.122 grammes or 1.875 grains)
5 krishnalas = 1 masha (bean).

135. 16 masha = 1 suvarna = 1 karsha of copper
(karshapana or pana)
4 suvarnas = 1 pala = 1 nishka
10 palas = 1 dharana.

136. 2 krishnalas (of silver) = 1 māshaka (of silver)
16 Māshaka (of silver) = 1 dharana or purāna
10 dharana of silver = 1 satamāna.

Current weights

<table><tr><td>4 Dhans (grains of rice)</td><td>= 1 Rati (1.875 grains)</td></tr><tr><td>8 Rati</td><td>= 1 masha (15 grains)</td></tr><tr><td>12 masha</td><td>= 1 Tola (3 drahms)</td></tr><tr><td>5 Tola</td><td>= 1 Chhatank</td></tr><tr><td>16 Chhatank</td><td>= 1 Seer.</td></tr></table>

(Chap.VII)

129. As the leech, the calf, and the bee take their food little by little, even so must the king draw from his realm moderate annual taxes.

130. A fiftieth part of (the increments on) cattle and gold may be taken by the king, and the eighth, sixth, or twelfth part of the crops.

131. He may also take the sixth part of trees, meat, honey, clarified butter, perfumes, (medical) herbs, substances used for flavoring food, flowers, roots, and fruit.

132. Of leaves, pot-herbs, grass, (objects) made of cane, skins, of earthen vessels, and all (articles) made of stone.

133. Though dying (with want) a king must not levy a tax on Srotriyas (learned Brahmana), and no Srotriya, residing in his kingdom, must perish from hunger.

134. The kingdom of that king, in whose dominion a Srotriya pines with hunger, will even, ere long, be afflicted by famine.

135. Mechanics and artisans, as well as Sudras who subsist by manual labor, he may cause to work (for himself) one (day) in each month.

W. H. Wiser

11.

Jajmani

Chap. VIII

22. That kingdom where Sudras are very numerous, which is in-
fested by atheists and destitute of twice-born (inhabitants)
soon entirely perishes, afflicted by famine and disease.

24. Knowing what is expedient or inexpedient, what is pure justice or injustice, let him examine the causes of suitors according to the order of the castes (varna).

41. (A king) who knows the sacred law must inquire into the laws of castes (gati), of districts, of guilds, and of families, and (thus) settle the peculiar law of each.

102. Brahmanas who tend cattle, who trade, who are mechanics, actors (or singers), menial servants or usurers, the (judge) shall treat like Sudras.

113. Let the (judge) cause a Brahmana to swear by his veracity, a Kshatraya by his chariot or the animal he rides on and by his weapons, a Vaisya by his kine, grain and gold, and a Sudra by (imprecating on his own head the guilt) of all grievous offences (pātaka).

172. By taking his due, by preventing the confusion of the castes (varna) and by protecting the weak, the power of the king grows, and he prospers in this (world) and after death.

177. Even by (personal) labor shall the debtor make good (what he owes) to his creditor, if he be of the same caste or of a lower one; but a (debtor) of higher caste shall pay it gradually (when he earns something).

209. The Adhvarya priest shall take the chariot, and the Brahman at the kindling of the fires (Agnyadhana) a horse, the Hotri priest shall also take a horse, and the Udgatri the cart, (used) when (the Soma) is purchased.

210. The (four) chief priests among all (the sixteen), who are entitled to one half, shall receive a moiety (of the fee), the next (four) one half of that, the set entitled to a third share, one third, and those entitled to a fourth a quarter.

215. A hired (servant or workman) who, without being ill, out of pride fails to perform his work according to the agreement, shall be fined eight krishnalas and no wages shall be paid to him.

216. But (if he is really) ill, (and) after recovery performs (his work) according to the original agreement, he shall receive his wages even after (the lapse of) any long time.

217. But if he, whether sick or well, does not (perform or) cause to be performed (by others) his work according to his

W. H. Wiser

12.

Jajmani

agreement, the wages for that work shall not be given to him, even (if it be only) slightly incomplete.

230. During the day the responsibility for the safety (of the cattle rests) on the herdsmen, during the night on the owner, (provided they are) in his house; (if it be) otherwise, the herdsmen will be responsible (for them also during the night).

231. A hired herdsman who is paid with milk, may milk with the consent of the owner the best (cow) out of ten; such shall be his hire if no (other) wages (are paid).

232. The herdsman alone shall make good (the loss of a beast) strayed, destroyed by worms, killed by dogs or (by falling) into a pit, if he did not duly exert himself (to prevent it).

259. On failure of neighbors (who are) original inhabitants (of the country and can be) witnesses with respect to the boundary, (the king) may hear the evidence even of the following inhabitants of the forest.

260. (Viz) hunters, fowlers, herdsmen, fishermen, root-diggers, snake-catchers, gleaners, and other foresters. (those who collect flowers, fruit and fuel).

267. A Kshatriya having defamed a Brahmana, shall be fined one hundred (panas); a Vaisya one hundred and fifty or two hundred; a Sudra shall suffer corporal punishment.

268. A Brahmana shall be fined fifty (panas) for defaming a Kshatriya; in (the case of) a Vaisya the fine shall be twenty-five (panas); in (the case of) a Sudra twelve.

270. A once-born man (a Sudra), who insults a twice-born man with gross invectives, shall have his tongue cut out; for he is of low origin.

271. If he mentions the names and castes (gati) of the (twice-born) with contumely, an iron nail, ten fingers long, shall be thrust red-hot into his mouth.

272. If he arrogantly teaches Brahmanas their duty, the king shall cause hot oil to be poured into his mouth and into his ears.

279. With whatever limb a man of a low caste does hurt to (a man of the three) highest (castes), even that limb shall be cut off; that is the teaching of Manu.

280. He who raises his hand or a stick, shall have his hand cut off; he who in anger kicks with his foot, shall have his foot cut off.

W. H. Wiser

13.

Jajmani

281. A low-caste man who tries to place himself on the same seat with a man of a high caste, shall be branded on his hip and be banished, or (the king) shall cause his buttock to be gashed.

282. If out of arrogance he spits (on a superior) the king shall cause both his lips to be cut off; if he urines (on him) the penis; if he breaks wind (against him) the anus.

304. A king who (duly) protects (his subjects) receives from each and all the sixth part of their spiritual merit; if he does not protect them, the sixth part of their demerit also (will fall on him).

307. A king who does not afford protection, (yet) takes his share in kind, his taxes, tolls and duties, daily presents and fines, will (after death) soon sink into hell.

339. (The taking of) roots and of fruit from trees, of wood for a (sacrificial) fire, and of grass for feeding cows, Manu has declared (to be) no theft.

341. A twice-born man, who is travelling and whose provisions are exhausted, shall not be fined, if he takes two stalks of sugar-cane or two (esculent) roots from the field of another man.

348. Twice-born men may take up arms when (they are) hindered (in the fulfilment of) their duties, when destruction (threatens) the twice-born castes (varna) in (evil) times.

349. In their own defence, in a strife for the fees of officiating priests, and in order to protect women and Brahmanas; he who (under such circumstances) kills in the cause of right commits no sin.

360. Mendicants, bards, men who have performed the initiatory ceremony of a Vedic sacrifice, and artisans are not prohibited from speaking to married women.

396. A washerman shall wash (the clothes of his employers) gently on a smooth board of Salmsliwood; he shall not return the clothes (of one person) for those (of another), nor allow anybody (but the owner) to wear them.

397. A weaver (who has received) ten palas (of thread) shall return (cloth weighing) one pala more; he who acts differently shall be compelled to pay a fine of twelve (panas).

410. (The king) should order a Vaisya to trade, to lend money, to cultivate the land, or to tend cattle, and a Sudra to serve the twice-born castes.

W. H. Wiser

14.

Jajmani

411. (Some wealthy) Brahmana shall compassionately support both a Kshatriya and a Vaisya, if they are distressed for a livelihood, employing them on work (which is suitable for) their (castes). Kshatriya as watchman; Vaisya as herdsman.

412. But a Brahmana who, because he is powerful, out of greed makes initiated (men of the) twice-born (castes) against their will do the work of slaves, shall be fined by the king six hundred (panas).

413. But a Sudra, whether bought or unbought, he may compel to do servile work; for he was created by the self-existent (Svayambhu) to be the slave of a Brahmana.

414. A Sudra, though emancipated by his master, is not released from servitude; since that is innate in him, who can set him free from it?

415. There are slaves of seven kinds (viz) he who is made a captive under a standard, he who serves for his daily food, he who is born in the house, he who is bought and he who is given, he who is inherited from ancestors, and he who is enslaved by way of punishment.

416. A wife, a son, and a slave, these three are declared to have no property; the wealth which they earn is (acquired) for him to whom they belong.

417. A Brahmana may confidently seize the goods of (his) Sudra (slave); for, as that (slave) can have no property, his master may take his possessions.

418. (The king) should carefully compel Vaisyas and Sudras to perform the work (prescribed) for them; for if these two (castes) swerved from their duties, they would throw this (whole) world into confusion.

Chap. IX

150. The (slave) who tills (the field), the bull kept for impregnating cows, the vehicle, the ornaments, and the house shall be given as an additional portion to the Brahmana (son), and one most excellent share.

319. Thus, though Brahmanas employ themselves in all (sorts of) mean occupations, they must be honored in every way; for (each of) them is a very great deity.

320. When the Kshatriyas become in any way overbearing towards the Brahmanas, the Brahmanas themselves shall duly restrain them, for the Kshatriyas sprang from the Brahmanas.

321. Kshatriyas prosper not without Brahmanas; Brahmanas prosper not without Kshatriyas; Brahmanas and Kshatriyas, being

W. H. Wiser

15.

Jajmani

closely united, prosper in this (world) and in the next.

323. But (a king who feels his end drawing nigh) shall bestow all his wealth, accumulated from fines, on Brahmanas, make over his kingdom to his son, and then seek death in battle.

326. After a Vaisya has received the sacraments and has taken a wife, he shall be always attentive to the business whereby he may subsist and to (that of) tending cattle.

327. For when the Lord of creatures (Pragapati) created cattle, he made them over to the Vaisya; to the Brahmana, and to the king he entrusted all created beings.

328. A Vaisya must never (conceive this) wish, 'I will not keep cattle'; and if a Vaisya is willing (to keep them), they must never be kept by (men of) other (castes).

329. (A Vaisya) must know the respective value of gems, of pearls, of coral, of metals, of (cloth) made of thread, of perfumes, and of condiments.

330. He must be acquainted with the (manner of) sowing of seeds, and of the good and bad qualities of fields, and he must perfectly know all measures and weights.

331. Moreover, the excellence and defects of commodities, the advantages and disadvantages of (different) countries, the (probable) profit and loss on merchandise, and the means of properly rearing cattle.

332. He must be acquainted with the (proper) wages of servants, with the various languages of men, with the manner of keeping goods, and (the rules of) purchase and sale.

333. Let him exert himself to the utmost in order to increase his property in a righteous manner, and let him zealousy give food to all created beings.

334. But to serve Brahmanas (who are) learned in the Vedas, householders and famous (for virtue) is the highest duty of a Sudra, which leads to beatitude.

335. (A Sudra who is) pure, the servant of his betters, gentle in his speech, and free from pride, and always seeks a refuge with Brahmanas, attains (in his next life) a higher caste.

Chap. X

1. Let the three twice-born castes (varna), discharging their (prescribed) duties, study (the Veda), but among them the Brahmana (alone) shall teach it, not the other two; that is an established rule.

W. H. Wiser

17.

Jajmani

21. But from a Vṛatya (of the) Brāhmana (caste) spring the wicked Bhriggakantaka, the Avantya, the Vātadhāna, the Pushpadha, and the Saikha.

22. From a Vṛatya (of the) Kshatriya (caste), the Ghalla, the Malla, the Likkhivi, the Nata, the Karana, the Khasa, and the Dravida.

23. From a Vṛatya (of the) Vaisya (caste) are born a Sudhanvan, an Akārya, a Kārusha, a Viganman, a Maitra, and a Sātvata.

26. Pratilomas = Sūta, Vaidchaka, Kandāla, Māgadha, Kshattri, and the Ayogava.

27. These six (Pratilomas) beget similar races (varna) on women of their own (caste), they (also) produce (the like) with females of their mother's caste (gati), and with females (of) higher ones.

31. But men excluded (by the Aryans, vṛatya), who approach females of higher rank, beget races (varna) still more worthy to be excluded, low men (hina) still lower races, even fifteen (in number) -

<table><thead><tr><th colspan="5">Kandala with 5 higher Pratiloma tribes = 5 more degraded races</th></tr></thead><tbody><tr><td>Kshattri</td><td>" 4</td><td>"</td><td>"</td><td>" 4</td><td>"</td></tr><tr><td>Ayogava</td><td>" 3</td><td>"</td><td>"</td><td>" 3</td><td>"</td></tr><tr><td>Vaideha</td><td>" 2</td><td>"</td><td>"</td><td>" 2</td><td>"</td></tr><tr><td>Māgadha</td><td>" 1</td><td>"</td><td>"</td><td>" 1</td><td>"</td></tr></tbody></table>

15

45. All those tribes in this world, which are excluded from (the community of) those born from the mouth, the arms, the thighs, and the feet of (Brahman) are called Dasyus, whether they speak the language of the Mlekkhas (barbarians) or that of the Aryans.

32. A Dasyu with a Ayogava woman = Sairandhra.

33. A Vaideha with a Ayogava woman = Maitreyaka.

34. A Nishāda with a Ayogava woman = Margava or Dasa or Kaivarta.

32. Sairandhra, who is skilled in adorning and attending (his master), who (though) not a slave, lives like a slave, (or) subsists by snaring (animals).

33. Maitreyaka, who ringing a bell at the appearance of dawn, continually praises (great) men.

34. Mārgava or Dasa, who subsists by working as a boatman, (and) whom the inhabitants of Aryāvarta call a Kaivarta.

W. H. Wiser

18.

Jajmani

35. Those three base-born ones are severally begot on Ayogava women, who wear the clothes of the dead, are wicked, and eat reprehensible food.

36. From a Nishāda springs (by a woman of the Vaideha caste) a Kāravara, who works in leather;

Vaidehaka by women of Kārāvara = Andhra

Vaidehaka " " " Nishāda = Meda.

Andhra and Meda, who dwell outside the village.

37. From a Kandāla by a Vaideha woman = Pandusopāka, who deals in cane.

From a Nishāda by a Vaideha woman = Āhindika.

38. From a Kandāla by a Pukkasa woman = Sopāka, who lives by the occupations of his sire, and is ever despised by good men.

39. Kandāla by a Nishāda woman = Antyāvasāyin, employed in burial-grounds, and despised even by those excluded (from the Aryan community).

41. Six sons, begotten (by Aryans) on women of equal and the next lower castes (Anatara), have the duty of twice-born men; but all those born in consequence of a violation (of the law) are, as regards their duties, equal to Sudras.

42. By the power of austerities and of the seed (from which they sprang), these (races) obtain here among men more exalted or lower rank in successive births.

43. But in consequence of the omission of the sacred rites, and of their not consulting Brahmanas, the following tribes of Kshatriyas have gradually sunk in this world to the condition of Sudras.

44. (Viz) the Paundrakas, the Kodas, the Dravidas, the Kambogas, the Yavanas, the Sakas, the Pāradas, the Pahlavas, the Kinas, the Kirātas, and the Daradas.

46. Those who have been mentioned as the base-born offspring (apasada) of Aryans, or as produced in consequence of a violation (of the law, apadhvamsaga), shall subsist by occupations reprehended by the twice-born.

47. To Sūtas (belongs) the management of horses and of chariots;

To Ambashthas, the art of healing;

To Vaidehakas, the service of woman; (i.e. the office of guardians in the harem);

To Māgadhas, trade;

48. To Nishādas, killing fish;

To Ayogava, carpenter's work;

To Medas, Andhras, Kurikus, and Madgus, the slaughter of wild animals.

W. H. Wiser

19.

Jajmani

49. To Kshattris, Vgras, and Pakkas, catching and killing (animals) living in holes;
To Dhigvanas, working in leather;
To Venas, playing drums.

50. Near well known trees and burial-grounds, on mountains and in groves, let these (tribes) dwell, Known (by certain works), and subsisting by their peculiar occupations.

51. But the dwellings of Kandālas and Svapakas shall be outside the village, they must be made Apapatras, and their wealth (shall be) dogs and donkeys.

52. Their dress (shall be) the garments of the dead; (they shall eat) their food from broken dishes, black iron (shall be) their ornaments, and they must always wander from place to place.

53. A man who fulfils a religious duty, shall not seek inter-course with them; their transactions (shall be) among themselves, and their marriages with their equals.

54. Their food shall be given to them by others (than an Aryan giver) in a broken dish; at night they shall not walk about in villages and in towns.

55. By day they may go about for the purpose of their work, distinguished by marks at the king's command, and they shall carry out the corpses (of persons) who have no relatives; that is a settled rule.

56. By the king's order they shall always execute the criminals, in accordance with the law, and they shall take for themselves the clothes, the beds, and the ornaments of (such) criminals.

62. Dying, without the expectation of a reward, for the sake of Brahmanas and of cows, or in the defense of women and children, secures beatitude to those excluded (from the Aryan community, vahya).

63. Abstention from injuring (creatures), veracity, abstention from unlawfully appropriating (the goods of others), purity, and control of the organs, Manu has declared to be the summary of the law for the four castes.

64. If (a female of the caste) sprung from a Brahmana and a Sudra female, bear (children) to one of the highest caste, the inferior (tribe) attains the highest caste within the seventh generation.

W. H. Wiser

20.

Jajmani

74. Brahmanas who are intent on the means (of gaining union with) Brahman and firm in (discharging) their duties, shall live by duly performing the following six acts, (which are enumerated) in their (proper) order.

75. Teaching, studying, sacrificing for himself, sacrificing for others, making gifts and receiving them are the six acts (prescribed) for a Brahmana.

76. But among the six acts (ordained) for him three are his means of subsistence, (viz) sacrificing for others, teaching, and accepting gifts, from pure men.

77. (Passing) from the Brahmana to the Kshatriya, three acts (incumbent on the former) are forbidden (viz) teaching, sacrificing for others, and, thirdly, the acceptance of gifts.

78. The same are likewise forbidden to a Vaisya, that is a settled rule; for Manu, the lord of creatures (Pragapati), has not prescribed them for (men of) those two (castes).

79. To carry arms for striking and for throwing (is prescribed) for Kshatriyas as a means of subsistence; to trade, (to rear) cattle, and agriculture for Vaisyas; but their duties are liberality, the study of the Veda, and the performance of sacrifices.

80. Among the several occupations the most commendable are, teaching the Veda for a Brahmana, protecting (the people) for a Kshatriya, and trade for a Vaisya.

81. But a Brahmana, unable to subsist by his peculiar occupations just mentioned, may live according to the law applicable to Kshatriyas, for the latter is next to him in rank.

82. If it be asked, 'How shall it be, if he cannot maintain himself by either (of these occupations)?' the answer is, he may adopt a Vaisya's mode of life, employing himself in agriculture and rearing cattle.

83. But a Brahmana, or a Kshatriya, living by a Vaisya's mode of subsistence, shall carefully avoid (the pursuit of) agriculture, (which causes) injury to many beings and depends on others.

84. (Some) declare that agriculture is something excellent, (but) that means of subsistence is blamed by the virtuous; (for) the wooden (implement) with iron point injures the earth and (the beings) living in the earth.

85. But he who, through a want of means of subsistence, gives up the strictness with respect to his duties, may sell, in order to increase his wealth, the commodities sold by Vaisyas, making (however) the (following) exceptions.

W. H. Wiser

21.

Jajmani

86. He must avoid (selling) condiments of all sorts, cooked food and sesamum, stones, salt, cattle, and human (beings).

87. All dyed cloth, as well as cloth made of hemp, or flax, or wool, even though they be not dyed, fruit, roots, and (medical) herbs;

88. Water, weapons, poison, meat, Soma, and perfumes of all kinds, fresh milk, honey, sour milk, clarified butter, oil, wax, sugar, Kusa-grass;

89. All beasts of the forest, animals with fangs or tusks, birds, spirituous liquor, indigo, lac, and all one-hoofed beasts.

90. But he who subsists by agriculture, may at pleasure sell unmixed sesamum grains for sacred purposes, provided he himself has grown them and has not kept them long.

91. If he applies sesamum to any other purpose but food, anointing, and charitable gifts, he will be born (again) as a worm and, together with his ancestors, be plunged into the ordure of dogs.

92. By (selling) flesh, salt, and lac, a Brahmana at once becomes an outcast; by selling milk he becomes (equal to) a Sudra in three days.

93. But by willingly selling in this world other (forbidden) commodities, a Brahmana assumes after seven nights the character of a Vaisya.

94. Condiments may be bartered for condiments, but by no means salt for (other) condiments; cooked food (may be exchanged) for (other kinds of) cooked food, and sesamum seeds for grain in equal quantities.

95. A Kshatriya who has fallen into distress may subsist by all these (means); but he must never arrogantly adopt the mode of life (prescribed for his) betters.

96. A man of low caste who through covetousness lives by the occupations of a higher one, the king shall deprive of his property and banish.

97. It is better (to discharge) one's own (appointed) duty incompletely than to perform completely that of another; for he who lives according to the law of another (caste) is instantly excluded from his own.

98. A Vaisya who is unable to subsist by his own duties, may even maintain himself by a Sudra's mode of life, avoiding (however) acts forbidden (to him), and he should give it up when he is able (to do so).

W. H. Wiser

22.

Jajmani

99. But a Sudra, being unable to find service with the twice-born and threatened with the loss of his sons and wife (through hunger), may maintain himself by handicrafts.

100. (Let him follow) those mechanical occupations and those various practical arts by following which the twice-born are (best) served.

101. A Brahmana who is distressed through a want of means of subsistence and pines (with hunger), (but) unwilling to adopt a Vaisya's mode of life and resolved to follow his own (prescribed) path, may act in the following manner.

102. A Brahmana who has fallen into distress may accept (gifts) from anybody; for according to the law it is not possible (to assert) that anything pure can be sullied.

103. By teaching, by sacrificing for, and by accepting gifts from despicable (men) Brahmanas (in distress) commit not sin; for they (are as pure) as fire and water.

104. He who, when in danger of losing his life, accepts food from any person whatsoever, is no more tainted by sin than the sky by mud.

105. Agigarta, who suffered hunger, approached in order to slay (his own) son, and was not tainted by sin, since he (only) sought a remedy against famishing.

106. Vamadeva, who well knew right and wrong, did not sully himself when, tormented (by hunger), he desired to eat the flesh of a dog in order to save his life.

107. Bharadvaga, a performer of great austerities, accepted many cows from the carpenter Bribu, when he was starving together with his sons in a lonely forest.

108. Visvamitra, who well knew what is right or wrong, approached, when he was tormented by hunger, (to eat) the haunch of a dog, receiving it from the hands of a Kandala.

109. On (comparing) the acceptance (of gifts from low men), sacrificing (for them), and teaching (them), the acceptance of gifts is the meanest (of those acts) and (most) reprehensible for a Brahmana (on account of its results) in the next life.

110. (For) assisting in sacrifices and teaching are (two acts) always performed for men who have received the sacraments; but the acceptance of gifts takes place even in (case the giver is) a Sudra (or one) of the lowest class (i.e. a Kandala).

111. The guilt incurred by offering sacrifices, for teaching (unworthy men) is removed by muttering (sacred texts) and by

W. H. Wiser

23.

Jajmani

burnt offerings, but that incurred by accepting gifts (from them) by throwing (the gifts) away and by austerities.

112. A Brahmana who is unable to maintain himself, should (rather) glean ears or grains from (the field of) any (man); gleaning ears is better than accepting gifts, picking up single grains is declared to be still more laudable.

114. (The acceptance of) an untilled field is less blamable than (that of) a tilled one; (with respect to) cows, goats, sheep, gold, grain, and cooked food, (the acceptance of) each earlier-named (article is less blamable than of the following ones).

115. There are seven lawful modes of acquiring property, (viz) inheritance, finding or friendly donation, purchase, conquest, lending at interest, the performance of work, and the acceptance of gifts from virtuous men.

116. Learning, mechanical arts, work for wages, service, rearing cattle, traffic, agriculture, contentment (with little), alms, and receiving interest on money, are the ten modes of subsistence (permitted to all men in times of distress).

117. Neither a Brahmana, nor a Kshatriya must lend (money at) interest, but at his pleasure (either of them) may, in times of distress (when he requires money) for sacred purposes, lend to a very sinful man at a small interest.

118. A Kshatriya (king) who, in times of distress, takes even the fourth part (of the crops) is free from guilt, if he protects his subjects to the best of his ability.

119. His peculiar duty is conquest, and he must not turn back in danger; having protected the Vaisyas by his weapons, he may cause the legal tax to be collected.

120. (Viz) from Vaisyas one-eighth as the tax on grain, one-twentieth (on the profits on gold and cattle), which amount at least to one Kśarśapana; Sudras, artisans, and mechanics (shall) benefit (the king) by (doing) work for him.

121. If a Sudra, (unable to subsist by serving Brahmanas) seeks a livelihood, he may serve Kshatriyas, or he may also seek to maintain himself by attending on a wealthy Vaisya.

122. But let a (Sudra) serve Brahmanas, either for the sake of heaven, or with a view to both (this life and the next); for he who is called the servant of a Brahmana thereby gains all his ends.

123. The service of Brahmanas alone is declared (to be) an excellent occupation for a Sudra; for whatever else besides this he may perform will bear him no fruit.

W. H. Wiser