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# Vedic Index of Names and Subjects v1.c3.s19.63

Vedic Index of Names and Subjects v1.c3.s19.63

- **Language:** English

### [v1.c3.s19.63](https://indike.org/pramana/ins.reference.macdonell-keith-1912.v1.c3.s19.63)

(2) Civil Law.—There is little recorded as to civil law in Vedic literature. The relations of the family and the question of family property are dealt with under Urvarā, Kṣetra, Pati; succession and partition of property are treated under Dāya. As regards the transfer of chattels—for land as transferable \*inter vivos\* is hardly yet recognized, save exceptionally as a sacrificial fee (Dakṣiṇā), and then disapproved¹⁶—the recognized modes are gift (Dāna) and barter or sale (Kraya), which includes exchange. Original acquisition of land was no doubt brought about by occupation and apportionment among the tribesmen,¹⁷ while chattels were acquired by taking possession of them, provided that they were found on one’s own land or on unoccupied land, and did not belong to any other person originally. The Sūtras¹⁸ contain rules for the disposal of lost property, which tend to give it to the king, with the deduction of a percentage for the finder, unless the latter is a Brahmin, who keeps it all. As for contract, save in regard to money-lending (for which see Ṛṇa), practically nothing is to be gathered from Vedic literature, doubtless because of the primitive conditions prevailing in that early period. Much of the labour, which would in a more developed society have been done by workers for hire, would be performed by slaves (cf. Dāsa, Śūdra), while the technical workers of the village—of whom long lists are given in the Vājasaneyi Saṃhitā¹⁹ and the Taittirīya Brāhmaṇa²⁰—may have been recompensed not by any sum based on each piece of work done, but by fixed allowances, much as the village servants are in modern times.²¹ But this must remain a matter of conjecture, and it is uncertain what exact status the carpenter or smith held in the village. Similarly it is impossible to trace in the early literature any legal theory or practice as to torts, but rules as to penalties for insults appear in the Sūtras.²²

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Source: [https://indike.org/pramana/ins.reference.macdonell-keith-1912.v1.c3.s19.63](https://indike.org/pramana/ins.reference.macdonell-keith-1912.v1.c3.s19.63) · Pramāṇa
