Administrative System of the Marathas c25.s4.12

c25.s4.12

Father Manu provides for trial by ordeal. He says "The judge may cause the party to carry fire or to dive under water, or severally to touch the heads of his wives and children. He whom the blazing fire burns not, whom the water forces not to come quickly up, who meets with no speedy misfortune, must be held innocent on the strength of his oath. For formerly when Vatsa was accused by his younger brother, the fire, the spy of the world, burned not even a hair of his by reason of his veracity.⁴⁵ According to Apastamba, "In doubtful cases they shall give their decision after having ascertained the truth by inference, ordeal and the like means."⁴⁶ Vishnu not only recommends trial by ordeal but lays down detailed regulations about the performance of ordeal by balance, fire, water, and sacred libation, about the time of their performance as well as the case and the party to be tried by each of these ordeals.⁴⁷ Ordeals by balance, fire, water, poison and metal are recommended by Yajnavalkya.⁴⁸ He also lays down that an ordeal should be performed at sunrise in the presence of the king and Brahmans and after the party has performed a bath. Narada says, " Proof is said to be of two kinds, human and divine. Human proof consists of documentary and oral evidence. By divine proof is meant the ordeal by balance and the other (modes of divine test). Where a transaction has taken place by day, in a village or town, or in the presence of witnesses, divine test is not applicable.⁴⁹ Divine test is applicable (where the transaction has taken place) in a solitary forest, at night, or in the interior of a house, and in cases of violence or of denial of a deposit."⁵⁰ Brihaspati also recognised the two-fold division of evidence, human and divine. Divine test according to him was nine-fold.⁵¹ Sukracharya testifies not only to the legality but also to the antiquity of trial by ordeal. He says " In the matter of decision of cases by the divya, fire, poison, vessel, water, virtue, and vice, rice and oaths—these are prescribed by the sages."⁵² Ordeal by water is mentioned in the Padmavatyavadana of Bodhisattvavadankalpalata.