Hindu Law and Custom (Recht und Sitte) c7.183

c7.183

Nār. is posterior not only to M. but also to Y. Indeed, he often agrees, specially in judicial proceedings, particularly with Y., but surpasses him in details and exactitude and a great advance in casuistry as well as in subject matter may be easily recognised. Thus besides the 5 ordeals described in Y. he knows two or four more¹; the classifications referred to above are wanting in Y. almost as completely as in M. ; a large number of technical details are found in I, 2, 1 ff. and in Quot. 2, 1-22, 3, 1-12 about the composition of complaints and answers, which are not yet mentioned by Y. ; the theory of legal majority and capacity for business (1, 26 ff.) is peculiar to Nār. alone ; his treatment of witnesses, e. g., the list of inadmissible witnesses in 1, 157-197, is much fuller than that in Y. ; the theory that in some cases witnesses are not necessary (1, 172 ff.) is yet unknown to Y. ; in secular law the doctrines of gifts (4, 1 ff.), of reward, slavery and salary (5, 1 ff. and 6, 18 ff), of dikes and fallow lands (11, 17-26), of impotency and its cure (12, 8-19), of irregular wives (12, 49-53), of divorce (12, 89-97), of defamation (15, 1-14), of gambling and betting (17, 1-8), of confiscation (18, 10 f.), of detection of crimes (Appendix 7 ff. and Quot. 7, 23-29) etc., are developments yet unknown to Y. How far he surpasses Y. in details will appear from the fact that his work contains 1200