History of Dharmashastra (Ancient and Mediaeval Religious and Civil Law in India) v4.c63.411

v4.c63.411

*The ordeal of water* as described in the smṛtis and digests is rather complicated. The Sm. C. (II. p. 116) remarks that⁵⁸⁸ as the ordeals of water and poison had gone out of vogue (in its day) it passes over the procedure of these and takes up the description of *kośa* ordeal after the fire ordeal. Having gone to a reservoir of water the judge should get erected on its bank a *toraṇa* (an arch) as high as the ear of the *śodhya* on an even and cowdunged plot. He should offer worship to Varuṇa (Lord of waters), to a bow of middling size and to three arrows (the points of which are made not of iron but of bamboo) with sandal paste, incense, lamp, flowers. A target is to be fixed at the distance of 150 *hastas* (cubits) from the *toraṇa*. A post of some sacred tree is to be fixed in the water and a strong man of one of the three higher castes free from love or hatred for the *śodhya* is to stand in navel-deep water facing the east and holding the post. Then the judge is to make the *śodhya* stand in water, invoke the deities from Dharma to Durgā, perform all the rites up to the placing of the writing (embodying the accusation) on the head of the *śodhya*. A kṣatriya or a brāhmaṇa following the profession of arms who is of a pure heart and has observed a fast should discharge, while standing near the root of the *toraṇa*, three arrows at the target. The *śodhya* should invoke the water with the mantra, 'O Varuṇa! save me by means of truth' (Yāj. II. 108)⁵⁸⁹. Then a young but swift man should run to the spot where the second arrow struck the ground, and stand there holding that arrow in his hand. Another swift man stands at the root of the *toraṇa* whence the arrows were discharged. Then the judge claps his hands thrice. At the third clap the *śodhya* dives into the water seizing the thighs of the man standing in water and at the same time the swift man near the arch runs at his best speed to the place where the second arrow fell. The other man who holds the arrow starts off the moment the first runner reaches him and comes running to the arch. If he does not see the *śodhya* or sees only his head (i. e. the back of the head) when he reaches the arch the *śodhya* is to be declared innocent; but if he sees other parts of the head (such as the ear or nose &c.) or if the *śodhya* floats to some part other than the one where he dived he is not innocent.