BAN BETTING AND GAMBLING- MANU SMRITI (Post No.7214)

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Compiled  by London Swaminathan

swami_48@yahoo.com

Date: 14  NOVEMBER 2019

Time  in London – 21-29

Post No. 7214

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WE HAVE SEEN UP TO 220 SLOKAS IN THE NINTH CHAPTER OF MANU SMRITI. LET US FINISH 9TH CHAPTER TODAY; HERE WE GO FROM 9-220.

In Bullet Points

It is interesting to see Tamil poet Tiru vauvar, author of Tirukkural,  also composed at least ten verses each on the following topics dealt with by Manu here:-

On Spying

On Gambling

On  Drinking

On Stealing

But Manu calls for severe punishments for theses evil acts.

Valluvar has echoed several slokas of Manu in his Tirukkural; 1.Earth simile, 2.spontaneous growth of crops where there is just rule 3. If the king develops enmity with the scholars, the kings will be toppled and destroyed.

Manu’s proposals to locate prisons on the main roads so that people would see the suffering of prisoners and branding forehead of evil doers, fining goldsmiths and witches are interesting.

Sloka 301 compares the king with the Four Yugas.

xxx

Now we continue from 9-220

9-220. The division of the property and the rules for allotting shares to the (several) sons, those begotten on a wife and the rest, in due order, have been thus declared to you; hear now the laws concerning gambling.

221. Gambling and betting let the king exclude from his realm; those two vices cause the destruction of the kingdoms of princes.

222. Gambling and betting amount to open theft; the king shall always exert himself in suppressing both of them.

223. When inanimate things are used for staking money on them, that is called among men gambling (dyuta), when animate beings are used (for the same purpose), one must know that to be betting (samahvaya).

224. Let the king corporally punish all those (persons) who either gamble and bet or afford (an opportunity for it), likewise Sudras who assume the distinctive marks of twice-born (men).

SELLING LIQUOR

9-225. Gamblers, dancers and singers, cruel men, men belonging to an heretical sect, those following forbidden occupations, and sellers of spirituous liquor, let him instantly banish from his town.

226. If such persons who are secret thieves, dwell in the realm of a king, they constantly harass his good subjects by their forbidden practices.

227. In a former Kalpa this vice of gambling has been seen to cause great enmity; a wise man, therefore, should not practise it even for amusement.

228. On every man who addicts himself to that vice either secretly or openly, the king may inflict punishment according to his discretion.

229. But a Kshatriya, a Vaisya, and a Sudra who are unable to pay a fine, shall discharge the debt by labour; a Brahmana shall pay it by instalments.

230. On women, infants, men of disordered mind, the poor and the sick, the king shall inflict punishment with a whip, a cane, or a rope and the like.

DEATH SENTENCE

9-231. But those appointed to administer public affairs, who, baked by the fire of wealth, mar the business of suitors, the king shall deprive of their property.

9-232. Forgers of royal edicts, those who corrupt his ministers, those who slay women, infants, or Brahmanas, and those who serve his enemies, the king shall put to death.

TAMIL POET VALLUVAR

Tamil poet Tiru Valluvar also spoke about the evils of gambling and drinking. But he is less severe in punishments.

233. Whenever any (legal transaction) has been completed or (a punishment) been inflicted according to the law, he shall sanction it and not annul it.

234. Whatever matter his ministers or the judge may settle improperly, that the king himself shall (re-) settle and fine them one thousand (panas).

PANCHA MAHA PATAKAM – FIVE BIG SINS

9-235. The slayer of a Brahmana, (A twice-born man) who drinks (the spirituous liquor called) Sura, he who steals (the gold of a Brahmana), and he who violates a Guru’s bed, must each and all be considered as men who committed mortal sins (mahapataka).

236. On those four even, if they do not perform a penance, let him inflict corporal punishment and fines in accordance with the law.

237. For violating a Guru’s bed, (the mark of) a female part shall be (impressed on the forehead with a hot iron); for drinking (the spirituous liquor called) Sura, the sign of a tavern; for stealing (the gold of a Brahmana), a dog’s foot; for murdering a Brahmana, a headless corpse.

238. Excluded from all fellowship at meals, excluded from all sacrifices, excluded from instruction and from matrimonial alliances, abject and excluded from all religious duties, let them wander over (this) earth.

BRANDING ON FOREHEAD

239. Such (persons) who have been branded with (indelible) marks must be cast off by their paternal and maternal relations, and receive neither compassion nor a salutation; that is the teaching of Manu.

240. But (men of) all castes who perform the prescribed penances, must not be branded on the forehead by the king, but shall be made to pay the highest amercement.

241. For (such) offences the middlemost amercement shall be inflicted on a Brahmana, or he may be banished from the realm, keeping his money and his chattels.

242. But (men of) other (castes), who have unintentionally committed such crimes, ought to be deprived of their whole property; if (they committed them) intentionally, they shall be banished.

CONFISCATE PROPERTY

243. A virtuous king must not take for himself the property of a man guilty of mortal sin; but if he takes it out of greed, he is tainted by that guilt (of the offender).

244. Having thrown such a fine into the water, let him offer it to Varuna, or let him bestow it on a learned and virtuous Brahmana.

ABOUT VARUNA

9-245. Varuna is the lord of punishment, for he holds the sceptre even over kings; a Brahmana who has learnt the whole Veda is the lord of the whole world.

246. In that (country), where the king avoids taking the property of (mortal) sinners, men are born in (due) time (and are) long-lived,

Kural

247. And the crops of the husbandmen spring up, each as it was sown, and the children die not, and no misshaped (offspring) is born.

Tamil poet Valluvar also say that the cps grow on its own and gives fruits in a country where a just kings rule

248. But the king shall inflict on a base-born (Sudra), who intentionally gives pain to Brahmanas, various (kinds of) corporal punishment which cause terror.

DON’T PUNISH THE INNOCENT

9-249. When a king punishes an innocent (man), his guilt is considered as great as when he sets free a guilty man; but (he acquires) merit when he punishes (justly).

250. Thus the (manner of) deciding suits (falling) under the eighteen titles, between two litigant parties, has been declared at length.

251. A king who thus duly fulfils his duties in accordance with justice, may seek to gain countries which he has not yet gained, and shall duly protect them when he has gained them.

252. Having duly settled his country, and having built forts in accordance with the Institutes, he shall use his utmost exertions to remove (those men who are nocuous like) thorns.

253. By protecting those who live as (becomes) Aryans and by removing the thorns, kings, solely intent on guarding their subjects, reach heaven.

254. The realm of that king who takes his share in kind, though he does not punish thieves, (will be) disturbed and he (will) lose heaven.

255. But if his kingdom be secure, protected by the strength of his arm, it will constantly flourish like a (well)- watered tree.

SPYING

9-256. Let the king who sees (everything) through his spies, discover the two sorts of thieves who deprive others of their property, both those who (show themselves) openly and those who (lie) concealed.

257. Among them, the open rogues (are those) who subsist by (cheating in the sale of) various marketable commodities, but the concealed rogues are burglars, robbers in forests, and so forth.

ASTROLOGERS

258. Those who take bribes, cheats and rogues, gamblers, those who live by teaching (the performance of) auspicious ceremonies, sanctimonious hypocrites, and fortune-tellers,

259. Officials of high rank and physicians who act improperly, men living by showing their proficiency in arts, and clever harlots,

260. These and the like who show themselves openly, as well as others who walk in disguise (such as) non-Aryans who wear the marks of Aryans, he should know to be thorns (in the side of his people).

261. Having detected them by means of trustworthy persons, who, disguising themselves, (pretend) to follow the same occupations and by means of spies, wearing various disguises, he must cause them to be instigated (to commit offences), and bring them into his power.

262. Then having caused the crimes, which they committed by their several actions, to be proclaimed in accordance with the facts, the king shall duly punish them according to their strength and their crimes.

263. For the wickedness of evil-minded thieves, who secretly prowl over this earth, cannot be restrained except by punishment.

PLACES THAT NEED PROTECTION

9-264. Assembly-houses, houses where water is distributed or cakes are sold, brothels, taverns and victualler’s shops, cross-roads, well-known trees, festive assemblies, and play-houses and concert-rooms,

265. Old gardens, forests, the shops of artisans, empty dwellings, natural and artificial groves,

266. These and the like places the king shall cause to be guarded by companies of soldiers, both stationary and patrolling, and by spies, in order to keep away thieves.

267. By the means of clever reformed thieves, who associate with such (rogues), follow them and know their various machinations, he must detect and destroy them.

268. Under the pretext of (offering them) various dainties, of introducing them to Brahmanas, and on the pretence of (showing them) feats of strength, the (spies) must make them meet (the officers of justice).

269. Those among them who do not come, and those who suspect the old (thieves employed by the king), the king shall attack by force and slay together with their friends, blood relations, and connexions.

DEATH SENTENCE TO THIEVES

270. A just king shall not cause a thief to be put to death, (unless taken) with the stolen goods (in his possession); him who (is taken) with the stolen goods and the implements (of burglary), he may, without hesitation, cause to be slain.

271. All those also who in villages give food to thieves or grant them room for (concealing their implements), he shall cause to be put to death.

272. Those who are appointed to guard provinces and his vassals who have been ordered (to help), he shall speedily punish like thieves, (if they remain) inactive in attacks (by robbers).

273. Moreover if (a man), who subsists by (the fulfilment of) the law, departs from the established rule of the law, the (king) shall severely punish him by a fine, (because he) violated his duty.

274. Those who do not give assistance according to their ability when a village is being plundered, a dyke is being destroyed, or a highway robbery committed, shall be banished with their goods and chattels.

275. On those who rob the king’s treasury and those who persevere in opposing (his commands), he shall inflict various kinds of capital punishment, likewise on those who conspire with his enemies.

CUT OFF HANDS OF THIEVES

276. But the king shall cut off the hands of those robbers who, breaking into houses, commit thefts at night, and cause them to be impaled on a pointed stake.

277. On the first conviction, let him cause two fingers of a cut-purse to be amputated; on the second, one hand and one foot; on the third, he shall suffer death.

278. Those who give (to thieves) fire, food, arms, or shelter, and receivers of stolen goods, the ruler shall punish like thieves.

279. Him who breaks (the dam of) a tank he shall slay (by drowning him) in water or by (some other) (mode of) capital punishment; or the offender may repair the (damage), but shall be made to pay the highest amercement.

280. Those who break into a (royal) storehouse, an armoury, or a temple, and those who steal elephants, horses, or chariots, he shall slay without hesitation.

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.

TWO KARSHAPANA FINE

9-282. But he who, except in a case of extreme necessity, drops filth on the king’s high-road, shall pay two karshapanas and immediately remove (that) filth.

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.

284. All physicians who treat (their patients) wrongly (shall pay) a fine; in the case of animals, the first (or lowest); in the case of human beings, the middlemost (amercement).

285. He who destroys a bridge, the flag (of a temple or royal palace), a pole, or images, shall repair the whole (damage) and pay five hundred (panas).

GEMMOLOGIST

9-286. For adulterating unadulterated commodities, and for breaking gems or for improperly boring (them), the fine is the first (or lowest) amercement.

287. But that man who behaves dishonestly to honest (customers) or cheats in his prices, shall be fined in the first or in the middlemost amercement.

LOCATION OF PRISONS

9-288. Let him place all prisons near a high-road, where the suffering and disfigured offenders can be seen.

289. Him who destroys the wall (of a town), or fills up the ditch (round a town), or breaks a (town)- gate, he shall instantly banish.

WITCHCRAFT – 200 PANAS FINE

In the western countries witches were burnt alive until 200 years ago. But manu prescribes only a fine

290. For all incantations intended to destroy life, for magic rites with roots (practised by persons) not related (to him against whom they are directed), and for various kinds of sorcery, a fine of two hundred (panas) shall be inflicted.

291. He who sells (for seed-corn that which is) not seed-corn, he who takes up seed (already sown), and he who destroys a boundary (-mark), shall be punished by mutilation.

SEVERE PUNISHMENT TO GOLDSMITHS

9-292. But the king shall cause a goldsmith who behaves dishonestly, the most nocuous of all the thorns, to be cut to pieces with razors.

293. For the theft of agricultural implements, of arms and of medicines, let the king award punishment, taking into account the time (of the offence) and the use (of the object).

SEVEN LIMBS OF A GOVERNMENT

294. The king and his minister, his capital, his realm, his treasury, his army, and his ally are the seven constituent parts (of a kingdom); (hence) a kingdom is said to have seven limbs (anga).

295. But let him know (that) among these seven constituent parts of a kingdom (which have been enumerated) in due order, each earlier (named) is more important and (its destruction) the greater calamity.

296. Yet in a kingdom containing seven constituent parts, which is upheld like the triple staff (of an ascetic), there is no (single part) more important (than the others), by reason of the importance of the qualities of each for the others.

297. For each part is particularly qualified for (the accomplishment of) certain objects, (and thus) each is declared to be the most important for that particular purpose which is effected by its means.

298. By spies, by a (pretended) display of energy, and by carrying out (various) undertakings, let the king constantly ascertain his own and his enemy’s strength;

299. Moreover, all calamities and vices; afterwards, when he has fully considered their relative importance, let him begin his operations.

300. (Though he be) ever so much tired (by repeated failures), let him begin his operations again and again; for fortune greatly favours the man who (strenuously) exerts himself in his undertakings.

KING AND FOUR YUGAS

9-301. The various ways in which a king behaves (resemble) the Krita, Treta, Dvapara, and Kali ages; hence the king is identified with the ages (of the world).

9-302. Sleeping he represents the Kali (or iron age), waking the Dvapara (or brazen) age, ready to act the Treta (or silver age), but moving (actively) the Krita (or golden) age.

9-303. Let the king emulate the energetic action of Indra, of the Sun, of the Wind, of Yama, of Varuna, of the Moon, of the Fire, and of the Earth.

304. As Indra sends copious rain during the four months of the rainy season, even so let the king, taking upon himself the office of Indra, shower benefits on his kingdom.

305. As the Sun during eight months (imperceptibly) draws up the water with his rays, even so let him gradually draw his taxes from his kingdom; for that is the office in which he resembles the Sun.

306. As the Wind moves (everywhere), entering (in the shape of the vital air) all created beings, even so let him penetrate (everywhere) through his spies; that is the office in which he resembles the Wind.

307. As Yama at the appointed time subjects to his rule both friends and foes, even so all subjects must be controlled by the king; that is the office in which he resembles Yama.

(Manu uses Vedic Gods only and not Brahma, Vishnu ,Shiva or Kartikeya. Sangam Tamil literature uses Vedic Gods and Tri Murtis and Kartikeya/Muruga; Sangam literature use Four Vedas but Manu uses Trayi Veda; This shows the difference between the age of Sangam literature and Manu Smrti. Manu belongs to the age of Sarasvati river civilization)

308. As (a sinner) is seen bound with ropes by Varuna, even so let him punish the wicked; that is his office in which he resembles Varuna.

309. He is a king, taking upon himself the office of the Moon, whose (appearance) his subjects (greet with as great joy) as men feel on seeing the full moon.

310. (If) he is ardent in wrath against criminals and endowed with brilliant energy, and destroys wicked vassals, then his character is said (to resemble) that of Fire.

EARTH SIMILE

311. As the Earth supports all created beings equally, thus (a king) who supports all his subjects, (takes upon himself) the office of the Earth.

(Tamil poet Valluvar also use this earth simile)

312. Employing these and other means, the king shall, ever untired, restrain thieves both in his own dominions and in (those of) others.

DON’T ESTRANGE BRAHMINS; IN PRAISE OF BRAHMINS

FOLLOWING VERSES ARE IN PRAISE OF BAHMINS; BUDDHA IN DHAMMA PADA CHAPTER 26 ALSO PRAISES BRAHMINS. TAMIL POET VALLUVAR ALSO WN KINGSNOT TO ESTRANGE SHOLARS AND SAINTS.

9-313. Let him not, though fallen into the deepest distress, provoke Brahmanas to anger; for they, when angered, could instantly destroy him together with his army and his vehicles.

314. Who could escape destruction, when he provokes to anger those (men), by whom the fire was made to consume all things, by whom the (water of the) ocean was made undrinkable, and by whom the moon was made to wane and to increase again?

315. Who could prosper, while he injures those (men) who provoked to anger, could create other worlds and other guardians of the world, and deprive the gods of their divine station?

316. What man, desirous of life, would injure them to whose support the (three) worlds and the gods ever owe their existence, and whose wealth is the Veda?

317. A Brahmana, be he ignorant or learned, is a great divinity, just as the fire, whether carried forth (for the performance of a burnt-oblation) or not carried forth, is a great divinity.

318. The brilliant fire is not contaminated even in burial-places, and, when presented with oblations (of butter) at sacrifices, it again increases mightily.

319. Thus, though Brahmanas employ themselves in all (sorts of) mean occupations, they must be honoured in every way; for (each of) them is a very great deity.

KSHATRIAS CAME FROM BRAHMINS

320. When the Kshatriyas become in any way overbearing towards the Brahmanas, the Brahmanas themselves shall duly restrain them; for the Kshatriyas sprang from the Brahmanas.

321. Fire sprang from water, Kshatriyas from Brahmanas, iron from stone; the all-penetrating force of those (three) has no effect on that whence they were produced.

322. Kshatriyas prosper not without Brahmanas, Brahmanas prosper not without Kshatriyas; Brahmanas and Kshatriyas, being closely united, prosper in this (world) and in the next.

323. But (a king who feels his end drawing nigh) shall bestow all his wealth, accumulated from fines, on Brahmanas, make over his kingdom to his son, and then seek death in battle.

324. Thus conducting himself (and) ever intent on (discharging) his royal duties, a king shall order all his servants (to work) for the good of his people.

VAISYAS AND SHUDRAS

325. Thus the eternal law concerning the duties of a king has been fully declared; know that the following rules apply in (due) order to the duties of Vaisyas and Sudras.

326. After a Vaisya has received the sacraments and has taken a wife, he shall be always attentive to the business whereby he may subsist and to (that of) tending cattle.

327. For when the Lord of creatures (Prajapati) created cattle, he made them over to the Vaisya; to the Brahmana, and to the king he entrusted all created beings.

328. A Vaisya must never (conceive this) wish, I will not keep cattle; and if a Vaisya is willing (to keep them), they must never be kept by (men of) other (castes).

GEMS AND METALS

329. (A Vaisya) must know the respective value of gems, of pearls, of coral, of metals, of (cloth) made of thread, of perfumes, and of condiments.

330. He must be acquainted with the (manner of) sowing of seeds, and of the good and bad qualities of fields, and he must perfectly know all measures and weights.

331. Moreover, the excellence and defects of commodities, the advantages and disadvantages of (different) countries, the (probable) profit and loss on merchandise, and the means of properly rearing cattle.

332. He must be acquainted with the (proper), wages of servants, with the various languages of men, with the manner of keeping goods, and (the rules of) purchase and sale.

333. Let him exert himself to the utmost in order to increase his property in a righteous manner, and let him zealously give food to all created beings.

334. But to serve Brahmanas (who are) learned in the Vedas, householders, and famous (for virtue) is the highest duty of a Sudra, which leads to beatitude.

335. (A Sudra who is) pure, the servant of his betters, gentle in his speech, and free from pride, and always seeks a refuge with Brahmanas, attains (in his next life) a higher caste.

336. The excellent law for the conduct of the (four) castes (varna), (when they are) not in distress, has been thus promulgated; now hear in order their (several duties) in times of distress.

NINTH CHAPTER FINISHED

–ssubham–

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