History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v2.c20.155

v2.c20.155

(8) The rule of the road was in favour of brāhmaṇas even as against the king. If on a road there was a crowd or obstruction, precedence was to be given to the cartman, to a very old man, to one suffering from a disease, to a woman, to a snātaka, to the king; but a king was to give precedence to a śrotriya-Gaut. VI. 21-22. Āp. adds that one carrying³³² a burden should be given precedence and all who desire their own welfare should give precedence to fools, *patita*, the intoxicated and lunatics and a person of a lower varṇa should give precedence to one of a higher varṇa. The Mahābhārata (Vanaparva 133. 1) adds the blind and the deaf, (Anuśāsana 104. 25-26) cows, a pregnant woman and a weak man. Vas. Dh. S. (13. 58-60) enumerates the same persons, but says that the snātaka (one who has just returned from his stay with his *guru*) has precedence over the king and that the bride has precedence over all when being taken in a procession (to the house of the bridegroom). Manu II. 138-139 has the same list and prefers the snātaka to the king; Yāj. I. 117 has the same rules. Śaṅkha (quoted in the Mit. on Yāj I. 117) mentions the view of some that the king has precedence over the brāhmaṇa, but disapproves of it. Vide Brahmapurāṇa 113. 39 for a list. The Mārkaṇḍeyapurāṇa (34. 39-41) has a long list which includes a prostitute and one who is an enemy. The Viṣṇu Dh. S. (V. 91) prescibes a fine of 25 kārṣāpaṇas for him who does not give precedence on the road to one who deserves it. It will be conceded by every one that the above rules (except the one about the precedence of brāhmaṇas over even the king) are quite reasonable and are informed by a spirit of humanity and chivalry. The rule about learned brāhmaṇas probably owes its origin to the emphasis laid on the importance of the diffusion of learning (which was not the direct concern of the state in those days, but of the brāhmaṇas) and the superiority of knowledge over mere brute force or military achievements.