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قراءة كتاب Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
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Hindu Law and Judicature from the Dharma-Sástra of Yájnavalkya
to be the root[21] of Law.
9. Four learned in the Vedas and in the Law form a Court, or Traividya.[22] Whatever is declared by this [Court], or by a single person who has, in an eminent degree, knowledge of the soul in its relations[23]—the same should be [held as] Law.
10. Bráhmaṇs, Kshattriyas, Vaisyás and Śúdrás are the casts: of them the three first are twice-born; all their rites, commencing with the procreative rites, and ending with those [which are gone through] where the corpse is disposed of,[24] are with Mantras.[25]
14. In the eighth year from conception, or in the eighth [of birth],[26] the investiture[27] of the Bráhmaṇ [takes place]; of Rajas[28] in the eleventh; of Vaisyás in the twelfth: some [have said, this varies] in accordance with [the usage of] the family.
39. Bráhmaṇs, Kshattriyas, and Vaisyás are born, first, of their mothers, and, a second time, by the girding on of the sacred thread—therefore are they declared to be twice-born.
116. [Men] are to be honoured in the gradation following,—in respect of learning, conduct, years, family, property. Even a Śúdrá, if he excel in these respects, is in old age worthy of honour.
326. The monarch, at his rising [from the night's repose], having seen to the [general] safety, shall himself inspect the [account of] revenue and disbursements; he shall then adjudicate law-suits; after which, having bathed,[29] he may, at his pleasure, take his meal.[30]
342. Of a newly subjugated territory, the monarch shall preserve the social and religious usages, also the judicial system and the state of classes as they already obtain.[31]
352. A ruler, a minister, people, a stronghold, treasure, [power of] punishment, and allies—because these are its elements, a realm is called seven-limbed.
353. When possessed of this, let a monarch cause punishment to fall on the guilty; for, of old, justice was created by Brahmá under the form of punishment.[32]
357. A brother even, or a son, any one to whom respect is due, a father-in-law or maternal uncle, if he transgress, is not to go unpunished by the monarch.
358. The monarch who punishes such as deserve punishment, who slays such as deserve death: he is as one who has made many sacrifices with valuable offerings.[33]
359. Every day should the monarch, pondering on his reward (such as sacrifices gain), himself investigate law-suits in their order with the judges around him.
360. The monarch, always duly correcting [those among] the casts, the mixed classes, the guilds, the schools[34] [of the learned], and the people [in general], who have deviated from their duty, should set them in the [right] path.
361. A particle of dust in the sunbeams, as they shine through a window, is held to consist of three atoms; eight of those [particles] are equal to a poppy seed, of which three are equal to a black mustard seed;
362. Three of these to a white mustard seed, three of these to a barley seed of middle size, three of these to a Krishṇala berry,[35] five of these to a Másha,[36] sixteen of these to a Suvarṇa.[37]
363. A Pala is four or five[38] Suvarṇas. Two Krishṇalas are a silver Másha; sixteen of the latter, a Dharaṇa.
364. A Śatamána and a Pala are each equal to ten Dharaṇas: a Nishka is four Suvarṇas: a copper Paṇa is of the weight of a Karsha.[39]
365. One thousand and eighty Paṇas is declared the highest fine; half of that amount the medium fine; and half of this the lowest fine.
366. Reproof, words of ignominy, fine, and death,[40] shall be administered, singly or together, according to the crime.[41]
367. [The monarch] having informed himself of the crime, the place where, and the time when [committed], the strength [of the criminal, his] age, calling, and means, shall cause