Hindu Law and Custom (Recht und Sitte) c10.111

c10.111

who takes oath or on the person who is dearest to him, in case his deposition proves to be false. The Smṛtis mention that already in former ages such oaths were taken by gods and Ṛṣis and they trace the name of the ordeal (divya) back to them (Nār. 1,243 f.; M. 8, 110 ; Pitām. 2,1). An oath formula actually occurs already in the RV 7,104,15 which exactly agrees with the oath of Vas. handed down by Medh. on M. 8,110. Numerous oath formulas are found in Mah. 13,93,115-135, in which there is also the legend of the Ṛṣis accusing each other of the misappropriation of lotus stalks, also referred to by M. and Nār. The man who is taking oath may touch the head or the feet of a Brahman or his wife or his son or the feet of an image of a god, or may take in his hands the blades of Durvā grass or sesamum or silver or gold or earth out of a furrow made by the plough, according as the value of the disputed property is great or small, or he may stretch his hand into fire or water ; the ordeal of the sacred libation too is mentioned in this list (Vi. 9,4—10 ; Bṛh. 10,6 f.; M. 8, 114 ; Mah. 3,10,32 ; Raghun. etc.). All these oaths and ordeals are however regarded as valid only if the person who has taken the oath is not visited by any misfortune or affliction (ārti) within a short time, such as an illness, burning by fire, loss of property, death of a son etc. (M. 8, 115 and comm.). The period of watching for the possible misfortune of the swearer should, in this case, according to Mit. on Y. 2,113, be 1,3,5 or more days according as the complaint is more or less serious, cf. § 50. Neither can an oath be taken thoughtlessly or without the command of the judge ; on the other hand, perjury for the sake of a cow, a marriage, a Brahman, or a woman and in similar other cases is considered to be excusable (M. 8, 111 f. etc. ; Vi. 5, 118 ; cf. the oath of the witness, § 50). Alberuni 2, 158 f. also speaks of “many oaths”, varying according to the value of the disputed property and enumerates as such the oath before 5 learned Brahmans and six kinds of ordeals. Even now oaths are taken by touching the Harivaṃśa, Ganges water, or an ammonite (śalagrāma), an idol, the feet of a Brahman, the head of the son, the tail of a cow etc. ; there is also a period of waiting to watch, whether any misfortune befalls the person who has taken oath.¹