History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.365

v4.c63.365

Special oaths were taken not only in judicial proceedings, but also in ordinary dealings to clinch one's assertion or to clear one's character or reputation. Nār. (IV. 243-244) refers to the special oaths taken for clearing themselves by Vasiṣṭha when he was suspected to be a *yātudhāna* (a demon or sorcerer) and by the seven sages together with Indra, who (sages) were suspected to have stolen lotus fibres (by each among them⁵⁵⁴). Manu VIII. 110 also speaks of the *śapatha* taken by Vasiṣṭha before Sudās, son of Pijavana (when the sage was charged by Viśvāmitra with the offence of devouring his own hundred sons). Nārada (IV. 243) refers to Ṛg. VII. 104. 15-16 in the first of which Vasiṣṭha made the imprecation,⁵⁵⁵ 'May I die this very day if I am a *yātudhāna* or if I injured the life of a human being! May he who falsely addressed me as yātudhāna be deprived of his ten valiant sons'! Manu VIII. 110 also refers to the same hymn⁵⁵⁶. Manu VIII. 113 (=Nār. IV. 199) referred to above (p. 343) states the various oaths to be taken or administered to the parties according to their respective castes. Manu VIII. 114 further provides for special oaths for litigants by touching the heads of their sons and wives. That śapatha taken by *satya* was common in very ancient times appears from Pāṇ. V. 4. 66 (*satyād-aśapathe*).⁵⁵⁷ Nār. IV. 249 prescribes that in charges of grave offences ordeals may be resorted to and *śapathas* in matters of small moment. Nār. IV. 248 mentions 'truth, horses and arms, kine, grains and gold, the feet of (the images of) gods and the ancestors, acts of charity and good deeds (*sukṛta*) are to be employed in sapathas as declared by Manu.' Bṛhaspati⁵⁵⁸ enumerates the special oaths mentioned by Manu and Nār. and adds that they are to be employed in small matters (civil and criminal). The Viṣṇu Dh. S. (IX. 5-10) prescribes that when the litigant is a śūdra and the dispute relates to a matter worth less than one, two, three, four or five *kṛṣṇalas* he should swear respectively by holding in his hand *dūrvā* grass, sesame, silver, gold or earth taken from ploughed land, that (IX. 11-12) beyond that value various ordeals may be offered and that oaths with similar objects in the hands may be offered to vaiśyas, kṣatriyas and brāhmaṇas when the value of the subject matter is double, three times or four times of the value in the case of a śūdra. Manu VIII. 111 gives the admonition that a wise man should not make a false oath, because by so doing he incurs loss (of reputation) here and after death (by falling into Hell). Yāj. II. 236 prescribes a fine of 100 *paṇas* for one who takes an improper or profane oath⁵⁵⁹.