DOI Page / Citation link:
https://doi.org/10.11588/diglit.52359#0093
VIII, II. WITNESSES. 42
nor one tormented by hunger or thirst; nor one
oppressed by a (sudden) calamity (such as the
death of his father or the like), or wholly absorbed
in evil passions ;
3. Nor an enemy or a friend; nor one interested
in the subject matter; nor one who does forbidden
acts ; nor one formerly perjured ; nor an attendant;
4. Nor one who, without having been appointed,
comes and offers his evidence ;
5. Nor can one man alone be made a witness.
6. In cases of theft, of violence, of abuse and
assault, and of adultery the competence of witnesses
must not be examined too strictly.
7. Now (those who are fit to be) witnesses (shall
be enumerated):
8. Descendants of a noble race, who are virtuous
and wealthy, sacrificers, zealous in the practice of
religious austerities, having male issue, well versed
in the holy law, studious, veracious, acquainted with
the three Vedas, and aged (shall be witnesses).
9. If he is endowed with the qualities just men-
tioned, one man alone can also be made a witness.
10. In a dispute between two litigants, the wit-
nesses of that party have to be examined from which
the plaint has proceeded.
11. Where the claim has been refuted as not
agreeing with the facts (as e. g. the sum claimed
5. According to Nand., who argues from a passage of Narada
(5, 37), the use of the particle ka. implies here, that two witnesses
are also not sufficient. But the MSS. of Narada exhibit a different
reading of the passage in question, which reading is supported by
the Viramitrodaya.
8. The particle A’a is used here, according to Nand., who argues
from a passage of Yaghavalkya (II, 68), in order to include liberality
among the qualities required in a witness.
W E
nor one tormented by hunger or thirst; nor one
oppressed by a (sudden) calamity (such as the
death of his father or the like), or wholly absorbed
in evil passions ;
3. Nor an enemy or a friend; nor one interested
in the subject matter; nor one who does forbidden
acts ; nor one formerly perjured ; nor an attendant;
4. Nor one who, without having been appointed,
comes and offers his evidence ;
5. Nor can one man alone be made a witness.
6. In cases of theft, of violence, of abuse and
assault, and of adultery the competence of witnesses
must not be examined too strictly.
7. Now (those who are fit to be) witnesses (shall
be enumerated):
8. Descendants of a noble race, who are virtuous
and wealthy, sacrificers, zealous in the practice of
religious austerities, having male issue, well versed
in the holy law, studious, veracious, acquainted with
the three Vedas, and aged (shall be witnesses).
9. If he is endowed with the qualities just men-
tioned, one man alone can also be made a witness.
10. In a dispute between two litigants, the wit-
nesses of that party have to be examined from which
the plaint has proceeded.
11. Where the claim has been refuted as not
agreeing with the facts (as e. g. the sum claimed
5. According to Nand., who argues from a passage of Narada
(5, 37), the use of the particle ka. implies here, that two witnesses
are also not sufficient. But the MSS. of Narada exhibit a different
reading of the passage in question, which reading is supported by
the Viramitrodaya.
8. The particle A’a is used here, according to Nand., who argues
from a passage of Yaghavalkya (II, 68), in order to include liberality
among the qualities required in a witness.
W E