Manusmriti, the Hindu Law Book: Economic Ideas
Ratan Lal Basu
Copyright 2011 Ratan Lal Basu
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Contents
VIII. Taxation & Fiscal Policy
Study of this book would give the reader a complete grasp over the economic ideas delineated in the Manusmriti composed originally before 3000 B.C. by Manu, a mythical sage and the first king of divine origin in India. The available earliest text on which this book is based was however, composed around 200 A. D. and are likely to be a modified version of the original (revised to suit the requirements of the time).
To enable free reading the English translations of the supporting excerpts from the text has been relegated to the end of the book under 'notes'. The interested reader may digress to the notes at anytime he likes to get the ideas expressed in this book substantiated by the text. Although American spelling has been used throughout the main book, the British spelling in the quotations from the text (under notes) has been kept intact. However, some diacritical marks (in the English rendering) which are likely to corrupt the file has been omitted.
Ratan Lal Basu
21 June, 2011
Among the Dharmasastras (law books) in ancient India the text known as Manusmriti occupies a very important place because of its wide coverage and detailed guidelines for various aspects of human living. The text is surrounded by myths. It is claimed that the original text was composed by Manu, a mythical sage and the first king of the Hindus. Indologists, on the basis of mentions of the book in other ancient Indian texts, claim that the original Manusmriti existed even before 3000 B.C. The versions of the text with commentaries, available at present, were, however, written much later -- the earliest available version with commentaries by Medhatithi was written around 200 A.D. But even this version contains ideas that appear to be of much earlier origin.
To quote:
“Many myths have since very early times clustered round the name of Manu. He is regarded as perfect in study of the Veda, in the knowledge of its meaning, and the performance of its precepts. His origin is said to be divine and he is sometimes declared to be even a manifestation or incarnation of the Supreme Soul. ---Different Vedic works belonging to different Schools declare, ‘All that Manu said is medicine, i.e., salutary.’ He is said to be the fountain head of all the Smritis or traditional lore and Brihaspati while proclaiming the superiority of Manu on the score of his strict adherence to the Veda, clearly declared that a text opposed to Manu is not commendable ---The Pandits adhere to the above view up to the present time. This supreme position of the author justly commanded the unflinching adherence of the Hindus and made the work exceptionally popular. The completeness of the work, its intelligibility and its orderly arrangement also contributed to the same result.” (Sen, Satyendra Nath 1976, Introduction, P. xii-xiii).
On the basis of evidence from ancient Indian texts the author of the present Manusmriti flourished at least before 3000 B.C. (Ibid. Introduction, P. xvi). The original Manusmriti was written and revised several times later on to take account of the current problems of different ages. The original Manava Dharmasastra is likely to be different from the work which now goes by the name of Manu. It is clear from the fact that some of the slokas, attributed to Manu by Vasistha and others, are not to be found in the present text. (Ibid. Introduction, P. ix)
According to some authors, “The Manusmriti had probably attained its present form by the 2nd century A.D. …We find that though the smriti had begun at an early date and were supposed to have been based upon Vedic injunctions and customs, yet new smriti authorities sprang up giving new injunctions which can hardly be traced to Vedic authorities. Many of the older authorities were again revised to harmonize the changes made and these revised editions passed off as the old ones as there was no critical apparatus of research for distinguishing the new from the old.” [Dasgupta & De (eds.) 1962, Introduction, P. xxvi].
There are also many Vasyas (commentaries) on Manusmriti. The most popular available Vasyas are of Medhatithi, Kulluka Bhatta, Govindaraja, Sarvajna-Narayana, Raghavananda, Nandana, Ramachandra and Gangadhara. They reflect the transition in the methods interpreting the text in accordance with the changes in values and requirements with changes in time.
The ecological principles of Manusmriti are based on the basic ideal of the Upanisads, "Vasudhaiva kutumbakam”, i.e., all the beings of the entire universe belong to the same family. By means of defining cosmology, Manu here endeavors to spell out the basic sources of interrelationship among all beings in this universe. Manu describes how all the material (and perishable) things (living beings as well as lifeless matters) of the world have been originated from the same five elements or Pancha-bhutas [Khiti (Earth), Ap (Water), Teza (Fire), Marut (Air) and Byom (Sky)].[1]
Manu opines that all material things are transitory and get reduced to the basic elements. But only the creator is imperishable and permanent. All the material things are created and destroyed and this cycle of creation and destruction by the creator goes on for eternity.[2]
In this way Manu goes in depth into the reason why we should try to conform to the harmony of the whole universe ordained by the creator. So, ecological awareness in Manu is not at all ad hoc and related to some limited self-preserving requirements of the human race. The specific guidelines prescribed by Manu on the basis of the above realization are discussed below.
Manu provides guidelines for harmonious living with the orderly universe. In this regard Manu prescribes various rites to get rid of the sin committed to nature and its universal ecology. Here he looks upon all these matters from moral and religious standards.[3]
Besides these religious way of conforming with the ethical requirements of harmonious living, Manu also prescribes rules directly connected with day-to-day activities of different classes of people. But here Manu does not like to use coercive power of law or the state. He simply endeavors to make people behave properly and harmoniously by moral suasion and fear of being punished by the laws of the creator. These were likely to have a stronger and more sustainable effect than that achieved by legal restrictions – one may evade the eyes of law but not that of the creator. The most prestigious caste is the Brahmin and for him it is an urgent necessity (as others are to learn from him) to live by means which perpetrates the least possible harm to others. This may be exempted only when he is in distress.[4]
Manu tries to prevent people from voiding urine in places other than the urinals (or any appropriate place specified for that purpose) by publicizing the warning that committing such a sin would lead to destruction of the miscreant.[5]
Manu urges people not to pollute water by throwing polluting and noxious substances into it. He also provides guidelines to make people follow proper way of maintenance of cleanliness in the day-to-day household life.[6]
Manu is keenly aware of the necessity of maintenance of bio-diversity as he considers that man and other living beings belong to the same family created by the supreme soul. To prevent unnecessary killing of animals, Manu opines that meat-eating should be restricted to only specific purposes. He mentions the specific occasions when meat eating could be permitted. He also suggests some alternatives means to fulfill by simulation the strong desire for meat. Manu tries to dissuade people from destroying or inflicting harm on other living beings by means of generating fear of extra-mundane punishment. In those days this was a very effective method of preventing people from resorting to eco-destroying activities. Even today, religious prohibition to make people eschew harmful food items is more effective than hygienic advices. Manu describes the religious consequences of killing, destroying or injuring various types of living beings. This was intended to preserve bio-diversity.[7]
Manu prescribes certain practical measures for maintenance of ecology of the villages, towns and other places of human habitation. Boundary of each village and town should be marked clearly by various trees and surrounding these tree-borders there should be adequate free spaces for pastureland. Tanks, wells, cisterns, and fountains should be built in between the boundaries of two adjacent habitations (village or town).[8]
Manu realized that moral suasions and religious preaching may not be sufficient to prevent all people from doing eco-damaging mischief. So, sometimes it may be necessary to prevent them by legal and punitive measures by the state. Therefore, he mentions various degrees of punishments depending on the gravity of the offence. But he also makes provision of exemptions for persons in urgent necessity, aged men, pregnant women and children. They would, however, be orally reprimanded for committing the mischief and ordered to clean the place.[9]
From the above discussion, it becomes clear that Manu’s approach towards preservation of environment and ecology was a holistic one, where he treated this as a part of the cosmic harmony.
As regards women’s property rights, the statements in Manusmriti appears to be contradictory. At one place Manu prescribes woman's property and at the other he declares that the women cannot have any property right.
In various slokas Manu describes the source and origin of woman’s property (fund necessary for her maintenance along with children, if any, in case of death or abandonment by husband), its specific characteristics under different forms of marriage, the procedure of its use and rules for its inheritance. The source of this property is the donations and gifts by the groom and the family members of the bride at the time of marriage. This property would be inherited by her children even if she dies in the life time of her husband. In case she has no issue the husband would inherit the property if he is alive after her death only in case of the four pious marriages (brahma, daiva, arsa, prajapatya) or least blameworthy impious marriage, viz. gandharva marriages.[1] The property would, however, go to her relations in case of other impious marriages.[2]
If a Brahmin has a wife of the same caste and other wives of lower castes, then the property given to the man to his Brahmin wife would be inherited by her children alone and not by that of the co-wives of lower castes. A mother shall obtain the inheritance of a son (who dies) without leaving issue, and, if the mother be dead, the paternal grandmother shall take the estate. Mother's property would be shared by the unmarried daughters alone during the life time of the former, but if she dies all the uterine sons and daughters would inherit it.[3]
A woman may, however, lose the right over woman's property if she hates her husband but the husband should bear with for one year before depriving her of the property. In case of impious marriages, the bride should have no legal right over the ornaments received from her parents during her maiden life.[4]
The husband should arrange for maintenance of the wife during his absence while he goes away for business. In case the wife is not provided for she may subsist by blameless manual work. The last prescription is in conformity with the basic principle of Manusmriti against prostitution and other blameworthy professions of women. The non-acceptability of and taboo against prostitution in Hindu societies originate from the principles of Manu. The general conservatism and aversion of Hindu females to adultery and other undignified activities have their origin in the moral lessons from Manusmriti. For this reason the text has come under the most vehement attack by a class of women-liberalists and their male sponsors.[5]
Notwithstanding the above prescriptions pertaining to women's property rights Manusmriti elsewhere strongly speak against women's property rights. It is opined that woman should never have any property right, nor any independence. In childhood she would be under the control of her father, in youth of her husband and in old age of her son.[6]
The apparent contradiction in Manusmriti about women’s property rights may be resolved in the following manner. The condition of society of ancient India changed in course of historical evolution and social attitude towards women also changed accordingly. The original Manusmriti was composed at a time when women in India enjoyed much freedom and dignity. The earliest available text, however, belongs to the Gupta era (about 200 A.D.) when women's position in the society was degraded radically. So it appears that the statements against women's property rights is but an interpolation during the Gupta era to suit the requirements of those days. The contradiction arose because the manipulators overlooked and, therefore, failed to omit the earlier prescriptions championing women's freedom and property rights. In many other places, the text reveals similar contradictions indicating interpolations. Thorough revision and modification to suit the needs of the day would not have led to such paradoxical views. But the non-omissions of earlier statements have benefited us as we are able to learn what the original prescriptions by Manu were.
In Manusmriti it is opined that the state, should fix the price of each commodity every five days or every fortnight by considering cost of production, other expenses, demand, supply etc. Manu also opines in this regard that weighing balance and weighing stones should be checked and approved by the government officials every six months.[1]
Rules for wages
He, mentions the specific wage rates and conditions of work for various types of work and classes of laborers (women. Inferiors, children etc.). In certain cases the wages may be paid in kind. In certain cases, however, wages may be determined by contract between the employer and the employee depending on the nature of the work. Violation of contract regarding work on either side is liable to be punished with fines.[2]
Manu also prescribes how the fees for a work performed jointly are to be shared among the participants.[3]
Manu prescribes various punishments for breaking work contracts. The punishment ranges from various amounts of fines considering the gravity of the offence and losses and hardship caused to the other party. Under certain circumstances the miscreant would be imprisoned or banished from his place of residence.[4]
Interest
Manu suggests an annual interest rate of 24% for the Brahmin, 36% for the Ksatriya, 48% for the Vaisya, and 60% for the Śūdra.[5]
It appears from the above that interest rate increases according to inferiority of caste. This discrimination on the basis of caste may be interpreted in two different ways.
First, if we assume that the data on interest rates existed in the original version of the text, the discrimination may be justified on the ground that at Manu’s time, caste was determined by the qualities of a person – Brahmins possessing the highest satvika attributes and Sudras the lowest tamasika attributes.[6]
The intensities of satvika attributes decline and tamasika qualities increase as we move from Brahmin downwards in the caste arrangement. Manu probably discourages spending (by borrowing) by Sudras who were mainly guided by tamasika qualities and are likely to misuse the loan-money. Brahmins on the other hand, being guided mainly by satvika attributes are likely to spend most judiciously. So, interest rate was highest for the Sudras and lowest for the Brahmins.
A more plausible explanation is that this prescription of interest rates is but an interpolation of the Gupta era when caste discrimination and exploitation of the lower castes by the upper ones became a rule of the day.
If the loan is made against a pledge from which the lender earns profit, no interest can be charged on the loan. The pledge should be properly preserved and never used for any purpose without permission of its owner.[7]
Manu imposes some restrictions on both rate of interest and the maximum amount of interest that can be accrued. In case of loan in money, interest paid at one time (not by installments) shall never exceed the double of the principal; and in case of loan in kind it must not be more than five times the original amount. That means accrued interest would reach a saturation level if not collected in time. Manu also prohibits compound interest.[8]
If a borrower is unable to repay the loan in time he may renew the loan with a new contract. In such a case the interest due would be added to the new loan capital.[9]
Interest for a loan for a sea voyage would be fixed by an expert in calculating risk and expected profit from such voyage.[10]
A guarantor of loan should repay the loan from his own property if the original borrower fails to repay in time, but in case of the non-availability of the guarantor (due to death or gone away to a distance place etc.) his son would not be liable to repay the loan. A son would also not be responsible in any way for the loan of his father which is idly promised, lost due to drinking or gambling.[11]
Contract of loan made by a person who is intoxicated, insane, or grievously disordered (by disease etc.), or wholly dependent and contract by an infant or very aged man, or by an unauthorized party would be considered as invalid. If the borrowed money is spent for the family, the family would be responsible for repaying if the original borrower is dead at the time of maturity. Borrowing on behalf of the family even by a wholly dependent member would be considered as valid.[12]
The borrower, if belonging to the same or lower caste of the lender, may repay the loan by labor in case he is incapable of repaying in cash or kind, but if the borrower belongs to an upper caste he should only pay it gradually when capable in future.[13]
Ferry charges
Manu specifies the ferry charges in rivers for different commodities, varying according to place, time and distance. However, for sea voyages. Manu does specify freight charges which are to be determined by contract between the parties involved.[14]
Restriction on the traders
Manu prescribes prohibitions on adulteration, sales of low quality or underweight commodities and other means of cheating the buyer. Manu also mentions the legal opportunity of buyers and sellers to change their decision after the transaction has taken place. Violators of rules pertaining to export of commodities are to be punished.[15]
There are no specific guidelines in Manusmriti as regards agricultural pursuits. It only mentions various rites to be performed for successful agricultural operations. Manu considers that agriculture means violence to the mother earth, and therefore the profession of agriculture should not be undertaken by the two upper castes, viz., the Brahmin, and the Ksatriya.[1]
A large number of highly efficient crafts, many of which originated as early as the Vedic period, flourished in ancient India, especially since 700 B.C. M.A. Buch cites the existence of the following crafts during this period: cotton, silk and woolen textiles; perfumes; glass-works and mirrors; umbrellas; shoes and other leather goods; wood works; ivory works; mining and metallurgy (gold, silver, iron, tin, zinc, copper, lead), ornaments etc. (Buch 1979, Vol.-I, PP. 116-97)
Manusmriti, however, has dealt very briefly with craft industries although they were important sources of livelihood of a large number of people in ancient India. Manu only briefly mentions that crafts are to be the professions of the Sudras.[1]
As regards the state sector we get very little information from Manusmriti. He only mentions that the state should have monopoly over of export of certain goods.[1]
It may be that involvement of the state in economic activities was not favored by Manu. But Manu prescribes various benevolent activities for the state and opines that the king should behave like a father to the subjects.[2]
VIII. Taxation and Fiscal Policy
The basic principles of tax policy in ancient India are clearly defined in Manusmriti. Taxes are to be so imposed that they should not result in disincentive for production and trading activities. At the same time, tax collection should be adequate to cover the expenses of the state. To this end taxes should be collected in small installments (as the leech sucks blood) so as not to cause any hardship or discontent on the part of the payee. All citizens should pay taxes according to their capabilities. Each poor people should pay a very small amount or he should provide one day's free labor per month as tax to the state. All villagers are to contribute, whatever they can, for the state. These, while collected together, may contribute considerably towards meeting expenses for the local bodies.[1]
This implies that everybody in the state should be taxed mildly. Even the poor should pay some tax, whatever little the amount. This has many implications. First, too much burden should not fall on a few persons (which generates unpopularity of the tax and encourages tax evasion, resulting in revenue loss of the state and disincentives to save and invest). Secondly, tax payment generates involvement of the payee in state activities resulting in civic and political consciousness among all citizens.
Tax should be collected with adherence to the Vedic principles and officials are to be appointed for tax collection and the king should employ honest officials and methods of vigilance over the employees.[2]
The other relevant matters like rules of tax collection, tax rates on different commodities etc., are described below.
Basic rules of tax fixation
Taxes should be imposed so as to get the best possible result and they should not cause disincentive. While imposing taxes on the commodities traded by the merchants consideration should be given not only to the total cost of the articles but also the daily essential living expenses of the merchants. Taxes should be so imposed as to achieve best possible results in terms of revenue of the state as well as work efficiency, i.e. a perfect balance is to be maintained between revenue collection of the government and the work incentives of the payees.[3]
There should not be too little taxation as this will lead to inadequacy of revenue. On the other hand, too much taxation should also be avoided because that would generate disincentive and inclination to evade tax payment.[4]
All aspects pertaining to the taxable commodities are to be considered before finalizing the tax rates. Manu specifies the tax and toll rates on various commodities varying from 2 percent to 17 percent of the value.[5]
Manu also mentions the penalties for violation of tax rules. The miscreant would generally be fined eight times the amount he tries to evade.[6]
From the above discussion it appears that most of the taxes prescribed by Manu were indirect taxes; the basic principle was that tax rates should not be too high or too low, they should not exert much pressure on any body generating disincentive; taxes should be collected from everybody, whatever small be the amount. Emphasis was laid on efficient tax collection machinery and stringent punishment for tax evasion.
Fiscal policy
According to Manu the king should pursue a fiscal policy, which strikes a balance between fulfillment of short-term requirements and long term sustainability. He should in no case tax a Vedic scholar He should not exempt taxes which are due and also should not collect more than what is due. The king should himself daily supervise the revenue collection and the progress of the projects undertaken.[7]
Division of labor has gained much importance in the modern era. Originally it started with the social division of labour, i.e., each person adopting a separate profession. It became necessary, as with the progress of productive activities of human society, it was not possible for a person to produce all the goods and services he requires. So, he works according to his capability, and with the income thus earned he purchases from others (through the market) all requisites for his livelihood. With the emergence of factory industries, division of labour has become more intense, as in an industrial establishment each person produces only a part of the total product. In ancient India, division of labour was looked upon as a part of the harmony of the universe and something ordained by the creator. From this standpoint, division of labor was based on the caste (varna) system.
But at present the society has become more complicated and viewpoints regarding traditional castes have changed considerably. The nature of human activities, too have changed, multiplied and become more diverse and qualitatively different. Under these circumstances, it is almost impossible to revive the traditional caste system as such. The problem has become more complicated with the increase in the degree of intercourse with people of foreign countries as a consequence of the revolutionary changes in transport and communications in recent years. So, the question arises if the caste-based division of labour has any relevance for modern India at all. Here we may briefly mention that although the ancient system as such may not be appropriate for India today, the essence of the ancient system is likely to be of much significance. Let us now have a glimpse of the ancient system of caste-based division of labor as prescribed in Manusmriti.
Manu opines that the creator has prescribed certain general tasks for the human race for different ages. But He has also assigned specific duties to specific classes of people. According to Manu, Brahmins originated from the mouth, Ksatriyas from the arms, Vaisyas from the thighs, and Sudras from the feet of the creator. So, they have different functions in all the ages.[1]
Under normal situations, the functions of the four castes are the following. In brief, duties of the Brahmins are associated with the study of the Vedas and performance of the religious rites; that of the Ksatriyas are associated with war and defense of the country; that of the Vaisyas are associated with trade and agriculture and that of the Sudras to serve the three upper classes. These duties of the four castes, according to Manu, have been defined rigidly by the creator. He opines that in each succeeding creation, because of nature of activities being changed because of change in the complexities of human society, detailed nature of activities of each class changes, but in essence, they remain the same (at least in spirit) as originally ordained by the creator. That whatever be the outward form or name of specific activities, assigned, activities of each class remains unchanged in terms of degree of virtue or sin.[2]
Manu specifies six major functions of the Brahmin, out of which only three (sacrificing for others, teaching and accepting gifts) are for his livelihood. He cannot earn means of livelihood from the other three, viz. studying and sacrificing for himself and making gifts.[3]
Ksatriyas and Vaisyas are forbidden from three acts of the Brahmin, viz. teaching, sacrificing for others and acceptance of gifts.[4]
Among the activities prescribed for the Ksatriyas and the Vaisyas, means of subsistence for Ksatriyas is only military profession, and that for the Vaisyas are agriculture, trade and animal husbandry.[5]
Manu specifies the most important activity (among all the permissible activities) of each caste in the following manner. The most commendable activity of the Brahmin is teaching the Vedas, the Ksatriya, protecting the people, the Vaisya, trade and the Sudra, serving the Brahmin.[6]
Manu opines that if a person belonging to any caste relinquishes his assigned duties and adopts some forbidden duty, he will be degenerated, unless he is compelled to do so by unavoidable pressure of circumstances.[7]
It appears that Manu considered division of labor according to castes to be hereditary.[8]
Under financial stringency, and inability to subsist by his own proper activities, a Brahmin may adopt a Ksatriya's profession or even a Vaisya’s profession. Similarly, a Ksatriya in distress may adopt a Vaisya’s profession.[9]
But, even under financial crisis, a Brahmin or a Ksatriyas should avoid agricultural activities, and trade in certain articles as specified by Manu.[10]
In financial distress, a Vaisya may adopt a Sudra’s profession, but not a Brahmin's. A Sudra may subsist serving a Ksatriya or a Vaisya if he is unable to find adequate jobs to serve the Brahmins. Even if he does not find that, he may subsist by handicrafts and various arts which are likely to come to the service of the upper castes. But in no case he would be permitted to adopt the profession of higher castes. If any person, belonging to a lower caste, adopts the profession of a higher caste, he would be punished by the king.[11]
Manu opines that a Sudra cannot do anything that degrades him in caste as there is no lower caste than his in the Aryan hierarchy (the mixed castes below the Sudra do not belong to the Aryan order). He is also forbidden to undertake various sacred rites meant for the upper castes.[12]
Manu also prescribes for prohibition of wealth accumulation by a Sudra, because Manu considers that with his vile mentality, a wealthy Sudra is likely to cause trouble for the Brahmin.[13]
Mixed castes
Besides the four major castes many mixed-castes originated because of inter-caste marriages. Manu defined the functions of these mixed-castes also. These mixed castes originated from inter-caste marriages, which went on ramifying with increased branches with the advancement of time. For example, among the four basic castes marriages of lower-caste males with upper caste females may create 6 inferior castes, from these 6 sub-castes, further 120 (5x4x3x2x1) sub-castes may be generated by inter-caste marriages and so on. As number of these sub-castes went on increasing it became difficult to specify the appropriate duties of each new caste, and also this led to disharmony and chaos in the social fabric.
Some of the sub-castes as mentioned by Manu are given below (for detail see Appendix)
Ahindika, Ambasthas, Andhra, Antyavasayin, Ayogava, Candala, Dasa, Dasyu, Dhigvanas, Kaivarta, Karavara, Kunkus, Madgus, Magadhas, Maitreyaka, Margava, Meda, Nisada, Padusopaka, Pukkasa, Sairandhra, Sutas, Ugras, Vaideha, Vaidehaka, Venas.
The general conclusion from the above discussion is that division of labor according to Manu was based on heredity and rigidly defined caste system. Many opine that this was necessary to avoid chaos and to bring about harmonious and orderly progress of the society. According to Vedic principles, the essence of the caste was that division of the society into the four major castes should be on the basis of inherent qualities. It is quite natural that with the progress of society, number of castes went on multiplying, generating complications and chaos. So, it was no longer possible to determine castes solely on the basis of merits. In such a situation, the easiest way to determine castes was by birth. At the initial stage this did not create much problem as specific attribute are likely to be inherited to some extent and family atmosphere and training from the very childhood in the family was likely to make a person considerably efficient in his family profession.
But the most important reason for this change of view was likely to be due to vested interest of the upper classes and endeavor by them to see to it that their posterior generations are not in any way degraded in the caste hierarchy . It is unlikely that original Manusmriti written in pre-historic times contained this view of caste determination by birth. It is quite likely that the interests of the upper classes during the Gupta era necessitated interpolation and change of the views about caste embodied in the original text.
However, this rule of caste determination has resulted in incalculable harm to the Indian society, leading to sharp downfall from its pristine glory and generation of a social system based on exploitation of the lower castes by the upper castes, despicable poverty of the lower castes and a fragmented society with social conflicts. The so called dalits, the most deprived class of people in recent India, have originated from the mixed castes mentioned Manusmriti.
[All quotations below, except those from chapter-7, are from Max Muller, F. (ed.): sacred Books of the East, Vol. XXV, Oxford Clarendon Press, 1886. In quotations 8/1 means Chapter-8, śloka-8]. Quotations from chapter -7 are from Satyendra Nath Sen (translation): Manusmriti, Chapter-VII, Vidyodaya Series No.16, Chattopadhyaya Brothers, Calcutta., 1976. In quotations 7/26 means Chapter-7, śloka-26]
II. Environment & Ecology
1. 1/27: But with the minute perishable particles of the five (elements) which have been mentioned, this whole (world) is framed in due order.
1/38: Lightning, thunderbolts and clouds, imperfect (rohita) and perfect rainbows, falling meteors, supernatural noises, comets, and heavenly lights of many kinds.
1/39: “(Horsed-faced) Kinnaras, monkeys, fishes, birds of many kinds, cattle, deer, men and carnivorous beasts with two rows of teeth.”
1/40: Small and large worms and beetles, moths, lice, flies, bugs, all stinging and biting insects and the several kinds of immovable things.
1/46: All plants, propagated by seed or by slips, grow from shoots; annual plants (are those) which, bearing many flowers and fruits, perish after the ripening of their fruit.”
1/47: (Those trees) which bear fruit without flowers are called Vanaspati (lords of the forest); but those which bear both flowers and fruits are called Vriksas.
1/48: But the various plants with many stalks, growing from one or several roots, the different kinds of grasses, the climbing plants and the creepers spring all from seed or from slips.
1/49: These (plants) which are surrounded by multiform Darkness, the result of their acts (in former existences), possess internal consciousness and experience pleasure and pain.
2. 1/57: Thus he, the imperishable one, by (alternately) waking and slumbering, incessantly revivifies and destroys this whole movable and immovable (creation).
3. 3/68: A householder has five slaughter-houses (as it were, viz.), the hearth, the grinding- stone, the broom, the pestle and mortar, and the water-vessel, by using which he is bound (with the fetters of sin).
3/69: In order to successively expiate (the offences committed by means) of these, the five-great sages have prescribed for householders a scheme of the daily (performance of the five) sacrifices. In the upper storey let him offer a Bali to Sarvatmabhuti; but let him throw what remains (from these offerings) in a southerly direction for the manes.
3/88: Saying ‘(Adoration to the Maruts,’ he shall scatter (some food) near the door, and (some) in water, saying, (Adoration) to the water’, he shall throw (some) on the pestle and the mortar, speaking thus, ‘(Adoration) to the trees’.
3/91: Let him make Bali offering in the upper storey (or, beside house) unto ‘Sarvatmabhuti’, and then unto the (departed) fathers from what remains, towards the south.
3/92: Let him place on the ground (some food) for dogs, outcastes, Candalas (Svapak), those afflicted with diseases that are punishments for former sins, crows and insects.
3/93: That Brahmana who thus daily honours all beings, goes, endowed with a resplendent body, by a straight road to the highest dwelling-place (i.e. Brahman).
4. 4/2: A Brahmana must seek a means of subsistence which either causes no, or at least little pain (to others), and live (by that) except in times of distress.
5/43: A twice-born man of virtuous disposition, whether he dwells in (his own) house, with a teacher, or in the forest, must never, even in times of distress, cause an injury (to any creature) which is not sanctioned by the Veda.
5/45: He who injures innoxious beings from a wish to (give) himself pleasure, never finds happiness, neither living nor dead.
5/46: He who does not seek to cause the sufferings of bonds and death to living creatures (but) desires the good of all (beings) obtains endless bliss.
4/238: Giving no pain to any creature, let him slowly accumulate spiritual merit, for the sake (of acquiring) a companion to the next world, just as the white ant (gradually raises its) hill.
5. 4/52: The intellect of (a man) who voids urine against a fire, the sun, the moon, in water, against a Brahmana, a cow, or the wind, perishes.
6. 4/56: Let him not throw urine or faeces into the water, nor saliva, nor (clothes) defiled by impure substances, nor any other (impurity), nor blood, nor poisonous things.
4/151: Far from his dwelling let him remove urine (and ordure), far (let him remove) the waters used for washing his feet, and far the remnants of food and the water from his bath.
7. 5/34: After death the guilt of one who slays deer for gain is not as (great) as that of him who eats meat for no (sacred) purpose.
5/37: If he has a strong desire (for meat) he may make an animal of clarified butter or one of flour, (and eat that); but let him never seek to destroy an animal without a (lawful) reason.
5/41: On offering the honey-mixture (to a guest), at a sacrifice and at the rites in honour of the manes, but on these occasions only, may an animal be slain; that (rule) Manu proclaimed.
11/69: Killing a donkey, a horse, a camel, a deer, an elephant, a goat, a sheep, a fish, a snake, or a buffalo, must be known to degrade (the offender) to a mixed caste (Samkarikarana).
11/71: Killing insects, small or large, or birds, eating anything kept close to spirituous liquors, stealing fruit, firewood, or flowers, (are offences) which make impure (Malavaha).
8. 8/237: On all sides of a village a space, one hundred dhanus or three samya-throws (in breadth), shall be reserved (for pasture), and thrice (that space) round a town.
8/246: Let him mark the boundaries (by) trees, (e.g.) Nyagrodhas, Asvatthas, Kimsukas, cotton-trees, Salas, Palmyra palms, and trees with milky juice.
8/247: By clustering shrubs, bamboos of different kinds, Samis, creepers and raised mounds, reeds, thickets of Kubjaka; thus the boundary will not be forgotten.
8/248: Tanks, wells, cisterns, and fountains should be built where boundaries meet, as well as temples.
9. 9/281: But he who shall take away the water of a tank, made in ancient times, or shall cut off the supply of water, must be made to pay the first (or lowest) amercement.
9/282: But he who, except in a case of extreme necessity, drops filth on the king’s high-road, shall pay two Karsapanas and immediately remove (that) filth.
9/283: But a person in urgent necessity, an aged man, a pregnant woman, or a child, shall be reprimanded and clean the (place); that is a settled rule.
III. Women's Property Rights
1. Marriages according to ancient Indian texts were of eight kinds – four pious marriages and four impious marriages.
Pious Marriages
III/2/2: Making a gift of the daughter, after adorning her (with ornaments) is the Brahma form of marriage.
III/2/3: The joint performance of sacred duties is the Prajapatya.
III/2/4: On receiving a pair of cattle (from the bride-groom) is the Arsa.
III/2/5: By making a gift (of the daughter) to the officiating priest inside a sacrificial altar, it is Daiva.
Impious Marriages
III/2/6: By secret association (between lovers), it is the Gandharva.
III/2/7: On receiving a dowry, it is the Asura.
III/2/8: By forcible seizure (of a maiden), it is the Raksasa.
III/2/9: By the seizure of a sleeping or intoxicated (maiden), it is the Paisaca.
2. 9/194: What (was given) before the (nuptial) fire, what (was given) on the bridal procession, what was given in token of love, and what was received from her brothers, mother, or father, that is called the six-fold property of a woman.
9/195: (Such property), as well as a gift subsequent and what was given (to her) by her affectionate husband, shall go to her offspring, (even) if she dies in the lifetime of her husband.
9/196: It is ordained that the property (of a woman married) according to the Brahma, the Daiva, the Arsa, the Gandharva, or the Prajapatya rite (shall belong to) her husband alone, if she dies without issue.
9/197: But it is prescribed that the property which may have been given to a [wife] on an Asura marriage or (one of the) other (blamable marriages, shall go) to her mother and to her father, if she dies without issue.
3. 9/198: Whatever property may have been given by her father to a wife (who has co-wives of different castes), that the daughter of the Brahmani (wife) shall take, or that (daughter’s) issue.
9/200: The ornaments, which may have been worn by women during their husbands’ lifetime, his heirs shall not divide; those who divide them become outcastes.
9/217: A mother shall obtain the inheritance of a son (who dies) without leaving issue, and, if the mother be dead, the paternal grandmother shall take the estate.
9/131: But whatever may be the separate property of the mother, that is the share of the unmarried daughters alone.
9/192: But when the mother has died, all the uterine brothers and the uterine sisters shall equally divide the mother’s estate.
4. 9/77: For one year let a husband bear with a wife who hates him; but after [the lapse of] a year let him deprive her of her property and cease to cohabit with her.
9/92: A maiden who chooses for herself, shall not take with her any ornaments, given by her father or her mother, or her brothers; if she carries them away, it will be theft.
5. 9/74: A man who has business (abroad) may depart after securing a maintenance for his wife; for a wife, even though virtuous, maybe corrupted if she be distressed by want of subsistence.
9/75: If (the husband) went on a journey after providing (for her), the wife shall subject herself to restraints in her daily life; but if he departed without providing (for her), she may subsist by blameless manual work.
6. 8/416: A wife, a son, and a slave, these three are declared to have no property; the wealth which they earn is (acquired) for him to whom they belong.
9/2: Day and night, women must be kept in dependence by the males (of) their (families), and, if they attach themselves to sensual enjoyments, they must be kept under one’s control.
9/3: Her father protects (her) in childhood, her husband protects (her) in youth, and her sons protect (her) in old age; a woman is never fit for independence.
IV. Price Policy
1. 8/401: Let (the king) fix (the rates for) the purchase and sell of all marketable goods, having (duly) considered whence they come, whither they go, how long they have been kept, the (probable) profit and the (probable) outlay.
8/402: Once in five nights, or at the close of each fortnight, let the king publicly settle the prices for the (merchants).
8/403: All weights and measures must be duly marked, and once in six months let him re-examine them.
2. 7/125: For the women engaged in royal services and for the menials, he should fix (and pay them) daily wages according to position and work.
7/126: To an inferior (i.e., menial) servant one pana should be given as the wages (per diem) and a pair of clothes every six months and a drona of paddy every month. To a superior servant six panas are to be given. (N.B. other conditions too, are to be altered accordingly).
8/231: A hired herdsman who is paid with milk, may milk with the consent of the owner the best (cow) out of ten; such shall be his hire if no (other) wages (are paid).
8/232: The herdsman alone shall make good (the loss of a beast) strayed, destroyed by worms, killed by dogs or (by falling) into a pit, if he did not duly exert himself (to prevent it).
8/396: A washerman shall wash (the clothes of his employers) gently on a smooth board of Salmali wood; he shall not return the clothes (of one person) for those (of another), nor allow anybody (but the owner) to wear them.
8/397: A weaver (who has received) ten palas (of thread), shall return (cloth weighing) one pala more; he who acts differently shall be compelled to pay a fine of twelve (panas).
3. 8/208: But if (specific) fees are ordained for the several parts of a rite, shall he) who performs the part) receive them, or shall they all share them?
8/209: The Adhvaryu priest shall take the chariot, and the Brahmana at the kindling of the fires (Agnyadhana) a horse, the Hotri priest shall also take a horse, and the Udgatri the cart, (used) when (the Soma) is purchased.
8/210: The (four) Chief priests among all (the sixteen), who are entitled to one half, shall receive a moiety (of the fee), the next (four]) one half of that, the set entitled to a third share, one third, and those entitled to a fourth a quarter.
8/211: By the application of these principles the allotment of shares must be made among those men who here [below] perform their work conjointly.
4. 8/215: A hired (servant or workman) who, without being ill, out of pride fails to perform his work according to the agreement, shall be fined eight Krisnalas and no wages shall be paid to him.
8/216: But (if he is really) ill, (and) after recovery performs (his work) according to the original agreement, he shall receive his wages even after (the lapse of) a very long time.
8/217: But if he, whether sick or well, does not (perform or) cause to be performed [by others] his work according to his agreement, the wages for that work shall not be given to him, even (if it be only) slightly incomplete.
8/218: Thus the law for the non-payment of wages has been completely stated; I will next explain the law concerning men who break an agreement.
8/156: He who has made a contract to carry goods by a wheeled carriage for money and has agreed to a certain place or time, shall not reap that reward, if he does not keep to the place and the time (stipulated).
8/206: If an officiating priest, chosen to perform a sacrifice, abandons his work, a share only (of the fee) in proportion to the work (done) shall be given to him by those who work with him.
8/207: But he who abandons his work after the sacrificial fees have been given, shall obtain his full share and cause to be performed [what remains] by another [priest].
8/219: If a man belonging to a corporation inhabiting a village or a district, after swearing to an agreement, breaks it through avarice, (the king) shall banish him from his realm.
8/220: And having imprisoned such a breaker of an agreement, he shall compel him to pay six nisakas, (each of) four Suvarnas, and one Satamana of silver.
8/221: A righteous king shall apply this law of fines in villages and castes (jati) to those who break an agreement.
5. 8/141: Or, remembering the duty of good men, he may take two in the hundred [by the month], for he who takes two in the hundred becomes not a sinner for gain.
8/142: Just two in the hundred, three, four, and five (and not more), he may take as monthly interest according to the order of the castes (varna).
6. According to Sankhya Philosophy human consciousness is a part of material manifestation of Nature and it is the combination of three modes viz. satva, rajas and tamas, endowed by Nature. All these basic modes combine in different degrees to assign different characteristics to different individuals. If isolated in the abstract, unmixed satva pertains to goodness and virtue, rajas to passion and insatiable desire and tamas to darkness of mind, obsession and inertia. All our mental and intellectual faculties originate from these three basic modes (Ballantyne 1885: I.61, I.125-27, I.141, II.27). Accordingly people may be classified broadly into three major categories:
(i) tamasika (dominated by ‘tamas’mode); (ii) rajasika (dominated by 'rajas’ mode); and (iii) satvika (dominated by ‘satva’ mode). Satvika people are characterized by nobler qualities (like abstinence, self-sacrifice, love, philanthropy, mercy, self-confidence, diligence, and composure etc.) whereas rajasika and tamasika people possess various combinations of baser qualities (like greed, envy, hatred, anger, selfishness, lust, idleness, cruelty, and pride etc.) (Basu 2005).
7. 8/143: But if a beneficial pledge (i.e., one from which profit accrues, has been given), he shall receive no interest on the loan; nor can he, after keeping (such) a pledge for a very long time, give or sell it.
8/144: A pledge (to be kept only) must not be used by force, (the creditor), so using it, shall give up his (whole) interest, or, (if it has been spoilt by use) he shall satisfy the (owner) by (paying its) original price; else he commits a theft of the pledge.
8. 8/151: In money transactions interest paid at one time (not by installments) shall never exceed the double (of the principal); on grain, fruit, wool or hair, (and) beasts of burden it must not be more than five times (the original amount).
8/152: Stipulated interest beyond the legal rate, being against (the law), cannot be recovered; they call that a usurious way (of lending); (the lender) is (in no case) entitled to (more than) five in the hundred.
8/153: Let him not take interest, beyond the year, not such as is unapproved, nor compound interest, periodic interest, stipulated interest and corporal interest.
9. 8/154: He who, unable to pay a debt (at the fixed time), wishes to make a new contract, may renew the agreement, after paying the interest which is due.
8/155: If he cannot pay the money (due as interest), he may insert it in the renewed (agreement); he must pay as much interest as may be due.
10. 8/157: Whatever rate men fix, who are expert in sea-voyages and able to calculate (the profit) according to the place, the time, and the objects (carried), that (has legal force) in such cases with respect to the payment (to be made).
11. 8/158: The man who becomes a surety in this (world) for the appearance of a (debtor), and produces him not, shall pay the debt out of his own property.
8/159: But money due by a surety, or idly promised, or lost at play, or due for spirituous liquor, or what remains unpaid of a fine and a tax or duty, the son (of the party owing it) shall not be obliged to pay.
12. 8/163: A contract made by a person intoxicated, or insane, or grievously disordered (by disease and so forth), or wholly dependent, by an infant or very aged man, or by an unauthorized (party) is invalid.
8/166: If the debtor be dead and (the money borrowed) was expended for the family, it must be paid by the relatives out of their own estate even if they are divided.
8/167: Should even a person wholly dependent make a contract for the behoof of the family, the master (of the house), whether (living) in his own country or abroad, shall not rescind it.
13. 8/177: Even by (personal) labour shall the debtor make good (what he owes) to his creditor, if he be of the same caste or of a lower one; but a (debtor) of a higher caste shall pay it gradually (when he earns something).
14. 8/404: At a ferry an (empty) cart shall be made to pay one pana, a man’s (load) half a pana, an animal and a woman one quarter of a (pana), an unloaded man one-half of a quarter.
8/406: For a long passage the boat-hire must be proportioned to the places and times; know that this (rule refers) to (passages along) the banks of rivers; at sea there is no settled (freight).
15. 8/203: One commodity mixed with another must not be sold (as pure), nor a bad one (as good), nor less (than the proper quantity or weight), nor anything that is not at hand or that is concealed.
8/222: If anybody in this (world) after buying or selling anything, repent (of his bargain), he may return or take (back) that chattel within ten days.
8/399: Let the king confiscate the whole property of (a trader) who out of greed exports goods of which the king has a monopoly or (the export of which is) forbidden.
V. Agriculture
1. 4/26. When the old grain has been consumed the (Agrayana) Ishti with new grain, at the end of the (three) seasons the (Katurmasya) sacrifices, at the solstices an animal (sacrifice), at the end of the year Soma-offerings.
4/27. A Brahmana, who keeps sacred fires, shall, if he desires to live long, not eat new grain or meat, without having offered the (Agrayana) Ishti with new grain and an animal- (sacrifice).
4/28. For his fires, not being worshipped by offerings of new grain and of an animal, seek to devour his vital spirits, (because they are) greedy for new grain and flesh.
10/83. But a Brahmana, or a Ksatriya, living by a Vaisya's mode of subsistence, shall carefully avoid (the pursuit of) agriculture, (which causes) injury to many beings and depends on others.
10/84. (Some) declare that agriculture is something excellent, (but) that means of subsistence is blamed by the virtuous; (for) the wooden (implement) with iron point injuries the earth and (the beings) living in the earth.
VI. Craft Industries
1. 10/99: But a Sudra, being unable to find service with the twice-born and threatened with the loss of his sons and wife through hunger), may maintain himself by handicrafts.
10/100: (Let him follow) those mechanical occupations and those various practical arts by following which the twice-born are (best) served.
VII. Role of the State Sector
1. 8/399: Let the king confiscate the whole property of (a trader) who out of greed exports goods of which the king has a monopoly or (the export of which is) forbidden.
2. 7/80: He should collect annual rent from his kingdom through officers. In all worldly matters he should stick to the Vedas and should behave towards the people as father.
8/172: By taking his due, by preventing the confusion of the castes (varna), and by protecting the weak, the power of the king grows, and he prospers in this (world) and after death.
The above slokas point out the basic approach of the state towards welfare of the subjects. There are also brief mentions of some specific favors for the weaker sections of the community as in the following slokas.
8/28: In like manner care must be taken of barren women, of those who have no sons, of those whose family is extinct, of wives and widows faithful to their lords, and of women afflicted with diseases.
8/407: But a woman who has been pregnant two months or more, an ascetic, a hermit in the forest, and Brahmana who are students of the Veda, shall not be made to pay toll at a ferry.
VIII. Taxation & Fiscal Policy
1. 7/128: The king should fix taxes in his kingdom after such consideration that he himself and the workers (traders, cultivators, etc.) achieve adequate results.
7/129: As the leech, the calf and the bee take their food little by little, so should the king draw from his realm revenue on a small scale.
7/137: The king should make the ordinary men living on (small) trades in his kingdom, pay something, however small, annually in the shape of tax.
7/138: He should have his work done for one day every month by artisans, mechanics and Sudras who subsist by bodily labour.
7/118: The articles of food, drink and fuel, which are to be given unto the king daily by the villagers, the chief of the village should obtain (for his livelihood).
2. 7/80: Let him cause the annual revenue in his kingdom to be collected by trusty (officials), let him obey the sacred law in (his transactions with) the people, and behave like a father towards all men.
7/81: He should appoint expert supervisors in every department and they should supervise the works of his officers.
7/122: He (the superintendent) should (if required) personally (with his forces) attend all these (chiefs), (and the king) should acquaint himself with the conduct of all these officers in the kingdom through spies in particular places.
3. 7/127: After having considered the cost of purchase, the sale price, the cost of conveyance, the cost of food together with necessaries, the cost of insurance and the net profit, he should make the merchants pay taxes.
7/128: After (due) consideration the king shall always fix in his realm the duties and taxes in such a manner that both he himself and the man who does the work receive (their due) reward.
4. 7/139: He should not destroy his own root (by total remission of rent) nor that of others (i.e., the subjects) by an inordinate thirst. By destroying his own roots he afflicts himself, and (by destroying the root of others) he afflicts others.
5. 8/401: Let (the king) fix (the rates for) the purchase and sell of all marketable goods, having (duly) considered whence they come, whither they go, how long they have been kept, the (probable) profit and the (probable) outlay.
7/130: Of cattle and gold (as profit) the king should get one-fiftieth part. Of crops, he should have the sixth, the eighth or the twelfth.
7/131: But he should have one sixth of (the profit derived from) trees, meat, honey, clarified butter, perfumes (medicinal), herbs, flavoring articles, flower, roots, fruits.
7/132: Leaves, vegetables, grass, things made of bamboo, skin, earthen articles and all articles made of stone.
6. 8/400: He who avoids a custom house (or a toll), he who buys or sells at an improper time, or he who makes a false statement in enumerating (his goods), shall be fined eight times (the amount of duty) which he tried to evade.
7. 7/133: A king even though dying (for want of money) should not realize revenue from a Vedic scholar; and no Vedic scholar living in his kingdom should be (suffered to be) embarrassed with hunger.
8/170: No king, however indigent, shall take anything that ought not to be taken, nor shall he, however wealthy, decline taking that which he ought to take, be it ever so small.
8/171: In consequence of his taking what ought not to be taken, or of his refusing what ought to be received, a king will be accused of weakness and perish in this (world) and after death.
8/419: Let him daily look after the completion of undertakings, his beasts of burden, and carriages, (the collection of) his revenues and the disbursements, his mines and his treasury.
IX. Division of Labor
1. 1/86: In the Krita age the chief (virtue) is declared to be (the performance of) austerities, in the Treta divine knowledge, in the Dvapara (the performance of) sacrifices, in the Kali liberality alone.
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