Universitätsbibliothek HeidelbergUniversitätsbibliothek Heidelberg
Overview
Facsimile
0.5
1 cm
facsimile
Scroll
OCR fulltext
5 8 NARADA. 1,66.
and of the Iriguda plant, ropes, and thread of cotton,
if its shape has not been altered (by working it up).
66. If it is for a medicament used to cure a
disease, or for an offering, or if necessity can be
shown, he may sell sesamum for a corresponding
quantity of grain.
67. A Brahman who swerves from the path of
duty by selling prohibited articles, must be reminded
of his duty by the king by inflicting a severe chas-
tisement on him.

5. Modes of Proof.
* 68. Those invested with legal authority must
pay strict attention to the (various) modes of proof.
That even which is provable fails to be proved, if
the (prescribed) modes of proof are not attended to.
69. Documents, witnesses, and possession are the
traditional three means of proof, by which a creditor
endeavouring to recover his loan may obtain what
he has lent.
70. If the Creator had not created writing as an

69. The term prama/za, which has been translated ‘ means of
proof,’ is both a philosophical and a law term. A. explains it
etymologically, as denoting anything which may be known or
discerned accurately. Thus, what is counted or reckoned, may
be known by figures. What is capable of measurement, may be
known by its measure. Similarly, where a lawsuit is pending, the
truth may be known by having recourse to one of the ordinary
modes of proof, viz. documents, witnesses, possession, and ordeals.
Therefore, these means of proof should be duly applied by holy
men, kings, and assessors of the court, and others endowed with
legal authority, because that which is doubtful cannot be proved
otherwise.
70. The term ‘documents’ in this section seems to relate princi-
pally to the well-known land grants which have been found in many
 
Annotationen