Manu Progenitors of humanity.

"Manu Samhita" A set of laws by which civilized people should build their lives

HEAVEN Vault FROM STONE Once Anaxagoras (500-428 BC) was asked why he was born? “To observe the sun, moon and sky,” answered the philosopher, whom his fellow citizens nicknamed “Mind.” Anaxagoras was born in the city of Clazomena into a noble and rich family and by

Chapter 11 Evolution of Laws So, for the sake of progress in cosmology, physics must abandon the idea of ​​the laws of nature as eternal, unchanging - and accept instead the hypothesis that they evolve in real time. This transition is necessary to build

"The Laws of Manu" - the most famous to a wide circle
readers and most often used by Indology specialists
a monument of ancient Indian literature and a historical source.
This collection enjoyed great authority among Indians in ancient times and
in the Middle Ages. A tradition that is reflected in the monument itself,
attributes its composition to the mythical progenitor of people Manu.

Laws of Manu(Ancient India, ~ 2nd century BC – 2nd century AD)

81. And for the sake of the prosperity of the worlds, he (Brahma) created from his mouth, hands, thighs and feet (respectively) a brahmana, a kshatriya, a vaishya and a sudra.

87. And for the preservation of this entire universe, he, the Most Holy One, established special occupations for birth from lips, hands, thighs and feet.

88. Teaching, studying (the Vedas), sacrifice for oneself and sacrifice for others, giving and receiving (alms) he established for the Brahmanas.

89. He indicated for the kshatriya the protection of his subjects, distribution (of alms), sacrifice, study (of the Vedas) and indifference to worldly pleasures.

90. Pasture of livestock and also distribution (alms), sacrifice, study (of the Vedas), trade, usury and agriculture - for Vaishyas.

91. But the Lord indicated only one occupation for the sudra - serving these varnas with humility.

96. Among living beings, the best are considered to be the animate, among the animate - the intelligent, among the intelligent - people, among people - the Brahmins.

97. After all, a brahmana, born to guard the treasury of dharma (the rule of virtuous behavior of a person corresponding to the status he occupies), occupies the highest place on earth as the ruler of all beings.

100. Everything that exists in the world is the property of a Brahmana: due to the superiority of birth, it is the Brahmana who has the right to all this.

102. In order to determine the duties of him and the rest of the wise, Manu, who descended from the Self-Existing One, compiled this shastra /a collection of precepts and teachings in various fields of knowledge/.

107. It fully expounds the dharma, virtue and sinfulness of actions, as well as the eternal rule of life of the four varnas.

13. For a Sudra, a Sudra wife is prescribed, for a Vaishya (Sudra woman) and her varna, for a Kshatriya - those (both) and hers (varna), for a Brahmana - those (three) and also hers (varna).

14. Not a single legend mentions a Zhudrian wife of a brahmana or kshatriya, even one in extreme circumstances.

17. The Brahman, having raised the Sudra woman on his bed (after death), is cast into hell; Having produced a son from her, he loses his Brahminhood.

51. A reasonable father should not take even the smallest reward for his daughter; for a man who takes reward out of greed is a seller of offspring.

55. Girls should be revered and adorned by their fathers, brothers, husbands, as well as brothers-in-law, who wish them much well-being.

56. Where women are revered, the gods rejoice, but where they are not revered, all ritual actions are fruitless.

138. You should tell the truth, you should say something nice, you shouldn’t say the unpleasant truth, one should not tell a pleasant lie - this is the eternal dharma.

256. All things are determined by the word, have a basis in the word, and originate from the word: whoever is dishonest in speech is dishonest in everything.

2. The Kshatriya, who has received initiation, as prescribed by the Veda, should carry out, as expected, the protection of this entire world.

3. For when the people, having no king, were scattered in all directions out of fear, the ruler created a king to guard this (world).

13.... Let (no one) violate the dharma that the king established in favor of those (people) desirable to him, and even the dharma that is undesirable for those who are undesirable.

14. For this purpose, the lord from the very beginning created a son - Punishment, the guardian of all living beings, (embodied) dharma, full of the brilliance of Brahma.

15. Out of fear of him, all living beings - motionless and moving - serve the benefit and do not shy away from fulfilling (dharma).

16. Having thoroughly considered the place and time (of the crime), the possibility and degree of consciousness, he must impose (punishment), as it should be, on people who live unrighteously.

18. Punishment rules all people, Punishment protects, Punishment stays awake when everyone sleeps: the wise declared Punishment to be the embodiment of dharma.

20. If the king had not tirelessly imposed Punishment on those who deserved it, the stronger would have roasted the weaker like fish on a spit...

21....no one would have property and there would be a mixing of higher and lower.

24. All varnas would be spoiled, all barriers would be crushed, and there would be an indignation of the entire people from hesitation in (imposing) Punishment.

48. Denunciation, violence, treachery, envy, anger, violation of (rights of) property and insult with word and stick - a group of eight (vices) generated by anger.

111. A king who, through foolishness, carelessly torments his country, immediately loses his country and life along with his relatives.

137. Let the king annually force the common people living in the country by (independent) livelihood to pay something called a tax.

144. The highest dharma of a kshatriya is the protection of his subjects, for the king who eats the listed fruits (meaning the taxes that the king collects from his subjects) (thereby) assumes the obligation to fulfill the dharma.

1. The king, wishing to consider judicial cases, should be prepared for the court along with brahmanas and experienced advisers.

2. There, sitting or standing, raising your right hand, in modest clothing and jewelry, you must consider the cases of the litigants.

4. Of these, the first is non-payment of debt, (then) mortgage, sale of someone else’s property, participation in a (trade or other) association, non-delivery of what is given.

5. Non-payment of wages, violation of agreement, cancellation of purchase and sale, dispute between the owner and the shepherd.

6. Dharma in a boundary dispute, slander and insult by action, theft, violence, and also adultery.

7. Dharma of husband and wife, division of inheritance, playing dice and beating raklad - these are the eighteen reasons for litigation in this world.

13. Either one should not come to court, or one should speak correctly: a person who does not speak or lies is a sinner.

24. Knowing the benefits and harms, especially dharma and adharma, one must consider the cases of the litigants, following the order of varnas.

28. Guardianship should be established for childless women who have lost their families, for wives and widows who are faithful to their husbands, and for the sick.

30. The king must be forced to keep property for three years, the owner of which has disappeared: before the expiration of three years, the owner can receive it, after that, the king can take it.

45. Guided by the rules of legal proceedings, one must keep in mind the truth, the subject (of the claim), oneself / that is, remembering that by an unjust decision one can deprive oneself of eternal bliss, which consists in “reaching heaven” /, a witness, place, time and circumstances.

46. ​​Whatever is in the practice of the virtuous and just twice-born, which does not contradict (the customs of) the country, families and castes, must be established (as law).

62. Householders with children, natives, kshatriyas, vaishyas and sudras summoned by the plaintiff are worthy of giving punishment, but not everyone - except in extreme circumstances.

68. Let women testify regarding women, twice-born regarding twice-born, honest Sudras - regarding Sudras, low-born regarding low-born.

77. One unselfish man can be a witness, as well as others (many men), not burdened with vices, but not women, (even if) honest, even if there are many of them - due to the fickleness of the female mind.

83. Through truth the witness is purified, through truth dharma increases: that is why the truth must be expressed by witnesses from all varnas.

85. Evildoers think: “No one sees us,” but the gods see them, as well as their conscience.

113. A Brahmana must be made to swear by (his) truthfulness, a Kshartiya by chariots and weapons, a Vaishya by cows, grain and gold, a Shudra by all serious crimes.

114. Or the (accused) should be forced to take fire, immerse himself in water, or touch the heads of his wife and sons separately.

115. He who is not burned by blazing fire, whom water does not cause to rise up, and (to whom) no misfortune soon befalls, should be considered pure in the oath.

127. Unjust punishment destroys honor and destroys glory among people, and in the other world deprives one of heaven; this should always be avoided.

140. The moneylender can receive the interest that increases wealth, established by Vasishtka /ranked among the ten great rishus, holy sages, creators of Manu/ - take the eightieth of a hundred per month /which is 15% per annum/.

142. Exactly two, three, four and five percent of one hundred per month are supposed to be taken according to the order of the varnas.

147. If an owner nearby silently watches something being used by another for ten years, he has no right to receive it (back).

163. A contract concluded by a drunken, insane, suffering (from illness), a slave, a child, an old person, or an unauthorized person is invalid.

164. An agreement, even if supported (by written documents, by the giving of a pledge), is not true if it is concluded in violation of the dharma accepted in business relations.

165. A fraudulent pledge or sale, a fraudulent gift or acceptance (of it) - everything where fraud is visible must be canceled.

167. Even if a slave enters into a contract for the benefit of the family, then the eldest (in the house), living in his own country or outside it, is not supposed to refuse it.

168. Given under compulsion, used by force, and also written under compulsion - all deeds done under duress were declared invalid by Manu.

177. The debtor is required to perform for the creditor equal (to the debt) even by work, (if he is) of equal or lower origin, but if of higher origin, he can repay gradually.

195. If (something) is given in private or received in private, it must be returned in private: as given, so (should be) returned.

199. A gift or sale made by a non-owner must be declared void according to the rule of law.

201. Whoever receives any thing by selling it in the presence of witnesses, receives the thing honestly and legally by purchase.

203. One must not sell (goods) mixed with others, neither of complex quality, nor insufficient (by weight), nor unavailable, nor hidden.

215. A hired worker who, not being sick, out of insolence did not perform the prescribed work, should be fined... and his salary should not be paid to him.

216. But if he is sick and if, having recovered, he performs (the work) as previously established, he can receive a salary even (after) a very long time.

222. If anyone in this world, having bought or given something, repents of it, he can give or receive this thing within ten days.

267. A Kshatriya, having cursed a Brahmana, is subject to a fine of one hundred (pan); Vaishya - two and a half (hundred panas), but a Shudra is subject to corporal punishment.

268. If a kshatriya is insulted, a brahmana shall be fined fifty (panami); Vaishya – twenty-five; Shudras - a fine of twelve panas.

270. Born once /i.e. Shudra: “second birth” was the name of the initiation rite, which was allowed only to members of the three highest varnas, which is why they were called twice-born / who reviles the twice-born with terrible abuse, deserves to have his tongue cut out, because he is of the lowest origin.

279. That member with which a lower person strikes a higher one - it is this one - that must be cut off from him, such is the order of Manu..

286. When a blow is struck with the intention of (causing) damage to people and animals, a fine must be imposed corresponding to the amount of damage.

288. Whoever spoils someone’s property intentionally or even unintentionally is required to compensate (the damage) and pay the king (a fine) equal to (the damage).

302. Let the king show extreme diligence in curbing thieves: from curbing thieves his glory increases and the country prospers.

323. When kidnapping high-born people, and especially women, as well as the best precious stones, (the criminal) deserves the death penalty.

332. An act that was committed in the presence (of the owner) and was accompanied by violence is robbery; if it is committed in his absence, it is theft, (even if) it is denied after the commission.

345. A person who commits violence should be considered a worse villain than a scolder, a thief, and a blower with a stick.

349. A person who kills while defending himself, while protecting sacrificial gifts, or while protecting women and a Brahmana does not commit a sin according to the law.

352. People who covet other people's women should be expelled by the king, subjected to punishments that inspire awe.

353. For (adultery) arises from this, gives rise to a confusion of varnas, thanks to which (arises) adharma, destroying the roots and causing destruction to everything.

359. A non-Brahman who is guilty of adultery deserves the death penalty: the wives of all four varnas must always be protected.

364. Whoever dishonors a girl against her will is immediately subject to corporal punishment, but a person who dishonors with her consent is not subject to corporal punishment.

366. An inferior who has fallen in with a superior deserves corporal punishment: the one who has fallen in with an equal must pay a marriage fee if the father agrees.

371. If a woman, who has become insolent due to the nobility of her relatives and (her) superiority, cheats on her husband, let the king order her to be hunted down with dogs in a crowded place.

379. For a Brahmana, shaving (of the head instead of) the death penalty is prescribed: for other varnas, the death penalty can be applied.

381. There is no act on earth more inconsistent with dharma than killing a Brahmana, therefore a king should not even think about killing him.

415. Captured under a banner, a slave for maintenance, born in a house, bought, given as a gift, inherited and a slave by virtue of punishment - these are the seven categories of slaves.

416. Wife, son and slave - three are considered to have no property; whose they are, and the property they acquire.

417. A Brahmana can moderately appropriate the property of a Shuda, for he has no property, since he is the one whose property is taken by the owner.

2. Day and night, women must be dependent on their men, for (being) committed to worldly pleasures, they must be restrained in their desires.

3. The father protects her in childhood, the husband protects her in youth, the sons protect her in old age: a woman is never fit for independence.

46. ​​Neither as a result of sale, nor abandonment of her (by her husband), a wife is freed from her husband: this is the dharma we know.

77. A husband is supposed to tolerate a wife who hates (him) for a year, but after (the lapse of) a year, having taken away the gift, he can stop cohabiting with her.

80. One who is addicted to drunkenness, to (everything) bad, contradictory, sick, malicious or wasteful is a wife from whom another can always be taken.

81. If a wife does not give birth to children, another can be taken in the eighth year, if she gives birth to dead children - in the tenth, if she gives birth to (only) girls - in the eleventh, if she is obstinate - immediately.

101. “Mutual fidelity must be maintained until death” - this should be considered (expressed) briefly as the highest dharma of husband and wife.

104. After the death of father and mother, the brothers, having gathered, can divide equally their father’s property: with them living, they are not entitled.

108. Let the elder (brother) protect the younger brothers like a father, and let them behave towards the elder brother like sons.

148. But to the sister girls, let the brothers each give a fourth part of his share from their shares: those who refuse, let them be outcasts.

185. It is not brothers, not parents, but sons who receive the father’s property: the father, as well as the brothers, receive the property of a childless person.

189. The property of a (deceased) Brahmana should never be taken by the king - such is the rule; but (the property of people) of other varnas, in the absence of all (heirs), the king can take away.

270. Let a just king not order the execution of a thief (if he) has not (found) stolen goods; Let him order anyone caught with stolen (and) thieves' tools to be executed without hesitation.

273 And whoever, living by dharma, violates the agreement associated with the fulfillment of dharma, must be punished with a fine, like (anyone) who violates his inherent dharma.

276. The king should, having cut off both hands, order those thieves who commit theft at night to be impaled on a sharp stake, making a hole (in the wall of the house).

277. At the first theft, the thief must be ordered to cut off two fingers, at the second, an arm and a leg, at the third, he deserves the death penalty.

323. Without a Brahmana a Kshatriya does not prosper, without a Kshatriya a Brahmana does not prosper; the brahmana and the kshatriya, having united, prosper in this world and in the next 334. For the sudra, the highest dharma, leading to bliss, is serving the illustrious brahmana householders who have studied the Veda.

4. Brahmanas, Kshatriyas and Vaishyas are three twice-born varnas, the fourth is Shudras - born once, but there is no fifth.

58. Meanness, rudeness, cruelty, failure to fulfill prescribed duties distinguish in this world a person of unclean origin.

63. Non-harm, truthfulness, non-appropriation of others, purity and control of the organs are the basic dharma for the four varnas, declared Manu.

79. For the sake of livelihood, for a kshatriya (it is prescribed) to carry a sword and an arrow, for a vaishya - trade, (breeding) animals, agriculture, but (for brahmanas) - donation, teaching, sacrifice.

115. There are seven legal ways of acquiring property: inheritance, receiving, purchasing, conquest, usury, doing work, and receiving (alms) from the virtuous.

117. A Brahmana and even a Kshatriya are not supposed to lend (money) at interest: but if he wishes, he can, of course, give a (loan) to a sinner at a small interest for (the fulfillment of) dharma.

130. These dharmas of the four varnas are declared in adversity: those who correctly perform them achieve supreme bliss.

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The Laws of Manu are a collection of rules and norms (dharmas). Their main task is to determine the behavior of the Indian people in everyday life.

The relevance of research

Why are the Laws of Manu studied? The characteristics of the source make it possible to recognize the culture and socio-economic This civilization is one of the most ancient in the world. It developed in the Indus Valley more than four thousand years ago. The centers of this civilization were Harappan and Mahenjo-Laro. Archaeological excavations were carried out in the place where these cities existed. Their results made it possible to establish the fact that handicraft production, trade and agriculture were well developed in the centers of ancient Indian civilization. There was also a property stratification of society. Science has very little information about this period in Indian history.

The most numerous data on the culture and socio-economic relations of the Indian people are available for the time period that begins in the second half of the first millennium BC. e. and ends with the first century new era. This is the so-called Magadha-Maudian period, during which the largest period existed not only in India, but throughout the entire territory of the Ancient East. It was the Mauryan Empire.

Literary monuments of this period are numerous religious, ritual and legal Brahmanical compilations - Dharmashastras and Dharmasutras. Among them are the most famous at present. These include the Dharmashastra, or the Laws of Manu.

general description

Religious and moral instructions set out in poetic form, - this is what the Laws of Manu are. general characteristics this collection gives an idea of ​​the individual and public life people of ancient India. It is believed that the instructions contained in this code were given on behalf of the demigod Manu, who was the legendary ancestor of all humanity.

The word "dharma" comes from Sanskrit. It means “the one that supports and embraces all things.” Dharma is the cosmic eternal order or law, which includes the customary rights and norms established in the state. Dharma has always been considered also the law of social and individual life. Everyone had to follow it without fail.

The Laws of Manu were very significant in the life of the ancient Indian people. The general characteristics, sources, and structure of this collection have now been thoroughly studied by historians.

What are the Laws of Manu (general characteristics)? Briefly the main focus of this document can be understood from the description of its chapters. The first sets out information about the universe, as well as about the divine Self-Existent (Creator). It also talks about the origin of varnas (the main 4 classes), as well as the role of brahmanas guarding the treasures of the universal Law, destined for all people.

The second chapter gives a narrative of the upbringing of a Hindu who adheres to legal norms. According to him, a person should be introduced to the knowledge of the Vedas. Only in this case can he be considered prepared for a new spiritual existence. The second chapter tells about the role played by rituals and customs in the life of a devout Hindu. It also talks about sacred wisdom, which is the Dharmashastra.

What other areas do the Laws of Manu include? The general characteristics of the set of rules describe the requirements, as well as the norms for family life. They can be read in Chapter III. The text in this section talks about correct marriages (anulomas) and the consequences of incorrect family ties (pratilomas). Requirements for the rituals to be performed are also put forward here.

Chapters IV to VI provide information about everyday hygiene rules, ways to sacralize everyday life, as well as the correct daily routine. They also list prohibited actions, describe cleansing rituals and lifestyles.

What other norms do the Laws of Manu contain? The general description of the seventh chapter can give an idea of ​​the dharma that a king should adhere to. This narrative outlines the role played by punishment and justice, the maintenance of order, and the protection of “all creation.” Chapter VII gives advice regarding tax, administrative, military and other matters.

The Laws of Manu and the characteristics of the articles of this document concerning the reasons for which one should go to court are interesting. There are 18 of them in total. They are presented in Chapter VIII. According to the Laws of Manu, the reason for this may be a criminal act or violation of concluded contractual relations, violence or theft, insult by action or slander, adultery, playing dice, etc. The rules for deciding on punishment are described in this chapter. It also speaks of the innocence of those who acted to protect a woman, child or Brahmin priest from violence.

Family behavior is also described by the Laws of Manu. The general description of the ninth chapter gives an idea of ​​the property and personal rights of the husband and wife, as well as their responsibilities and inheritance rights. The role of the king, who imposes punishment in case of violation of the described norms, is also outlined here.

In Chapter X of the Laws of Manu one can find rules for varnas. They include 7 legal ways in which it is possible to acquire property, as well as 10 ways that are allowed for the existence of those who are in distress.

Chapter XI regulates the way of life of the untouchable caste, which appears when concluding intervarna, mixed, irregular marriages carried out in violation of dharma.

Chapter XII gives instructions regarding rituals, worship, and the duties of their participants. It also talks about the responsibility that a person bears when there is insufficient control over his body, thoughts and words.

These are the Laws of Manu. A general description (briefly) of all its chapters allows us to get an idea of ​​this document.

Formation of society

The social stratification of the ancient Indian people began in the depths of the existing tribal communities. The characteristics of the Laws of Manu allow us to obtain the most complete picture of this process.

Tribal relations gradually disintegrated. This process was part historical development society. The more influential and powerful clans concentrated military protection, management functions and priestly duties in their hands. The result of this was the development of property and the emergence of slavery. The tribal elite turned into a tribal aristocracy.

Social division was based on the caste system. The entire population was divided into four groups - varnas:

Brahmins (priests);

Vaishas (farmers);

Kshatriyas (warriors);

Shudras (untouchables).

The characteristics of the Laws of Manu give a clear idea of ​​what was the main criterion for dividing the population into groups. Thus, brahmins were required to study the Vedas from the age of eight. They were considered adults from the age of sixteen. Kshatriyas were supposed to study the Vedas from the age of eleven. They came of age at the age of twenty-two. Vaishas studied the Vedas from the age of twelve. According to the Laws of Manu, they became adults only at twenty-four years of age.

Another criterion to identify a person’s belonging to a particular varna was the fact of his birth. Over time, mixed marriages appeared. In connection with this, another division of a person’s social affiliation arose, which took into account the origin of his parents.

The untouchables (sudras) were a separate varna. They were not allowed to settle in the habitats of other classes, and according to the Laws of Manu they had to dress only in rags. In terms of legal status, these people were equated to dogs.

basis social structure of the ancient Indian state was the community. It was a collective of free farmers, or, more simply, a village. The community in Ancient India is an independent self-governing body. If we talk about the Laws of Manu, the characteristics of Art. 219 is concrete confirmation that the collective of free farmers had the opportunity to serve themselves economically, concluding transactions even with private individuals.

Formation of castes (jatis)

With the development of society and the deepening of the process of division of labor, the process of its stratification continued. The Laws of Manu (general characteristics) give a clear idea of ​​this. The division into varnas and jati (castes) exists in India today.

In the medieval state there was the following hierarchy:

The upper castes, represented by the class of medium and large feudal lords;

Lower castes, which included traders and moneylenders, small feudal lords and landowners.

Jati, unlike varnas, were a kind of corporation. Within the castes, governing bodies were formed, and specific rites, customs and rituals existed. Such a corporation fully supported its members and stood guard over their interests.

The Laws of Manu (general characteristics) can tell us about many specific features of India. The division into varnas and jati existed only in this state. At the same time, the castes had a strictly hierarchical system. The laws of Manu allowed marriages only between members of the jati, approved hereditary membership, etc.

Ownership

Having studied the Laws of Manu, the general characteristics of the sources of the institutions of this state become obvious. All of them are grouped into separate branches of law. Moreover, there are several main directions. This includes criminal law, property law, as well as inheritance and obligatory law. All of them are reflected in the Laws of Manu.

The right of property was especially well developed in Ancient India. Its main components were considered to be possession (bhukti), disposal (svamya), and use (bhagu).

To those who study the Laws of Manu, the characteristics of the chapters of this document will indicate multiple prescriptions aimed at protecting property rights various types movable property, livestock, household equipment, grain, and slaves. The land could also belong to man. However, it became property after a long period of ownership (30-60 years), provided it was treated in good faith. Anyone who abandoned his plot during the sowing or harvest season, according to the Laws of Manu, had to be fined. The same punishment awaited those who violated the rules of purchase and sale.

The Laws of Manu show us various aspects of the life of society in Ancient India. The characteristics of the main institutions of law provide an understanding of the powerless situation of slaves in the state. They could be the property of a community or a private individual. Some slaves worked directly for the state.

Compulsory right

According to the Laws of Manu, any of the contracts was considered as a voluntary agreement. Certain obligations were imposed on the party that caused the damage or unjustly enriched itself.

The rules of law of Ancient India described possible as well as their main provisions and the relationships arising from this. It was believed that the document was valid only if the parties voluntarily agreed. A contract concluded by a drunken or insane person, as well as a child or a slave, was not valid. This was also indicated by the Laws of Manu. The general characteristics and main content of the chapters concerning the institution of law indicate that the loan agreement was most well developed. The rules of law in this matter reflect customs that have been formed over many centuries. Thus, usury was widespread in ancient India. At the same time, high interest rates on such agreements were legalized. According to the law, the debtor was completely dependent on the creditor. It was possible to obtain a debt through coercion and cunning, force, etc. The Laws of Manu did not provide for protection from such actions. In addition, the debtor who dared to file a complaint against the creditor was himself subject to a fine. Even death did not relieve me of responsibilities. The debt was automatically transferred to relatives. High lending rates and the difficult situation of the population were the reason for the widespread institution of debt slavery.

In the field of law of Ancient India, a special place was given to the personal employment contract. The articles of the Laws of Manu often mentioned the capabilities of slaves and workers together. The rights of those who worked under personal employment contracts were often violated. Fines were imposed on the employee for any reason, as a result of which he almost never received the payment due to him. Such a difficult situation forced people to give up their freedom for ordinary maintenance. At the same time, the Laws of Manu recommended that the upper castes avoid wage labor in every possible way.

Family and marriage relationships

This branch of law is reflected in the ninth chapter of the Laws of Manu. Already her first articles affirm the subordinate position of a woman in the family, who must unquestioningly obey her father, as well as her husband and son. In the absence of such, a guardian must be appointed by the king.

The Laws of Manu also say that a father has no right to take remuneration for his daughter. However, in ancient India, marriage was an undisguised sale. Often spouses had big difference aged. This state of affairs was associated with a low age of marriage.

According to the Laws of Manu, the younger brother did not have the right to marry before the elder. The rules also prohibited marriages of blood relatives up to the seventh generation. Separate articles are devoted to the protection of the wife and the “purity of the offspring.” The Laws of Manu assign these duties to the husband (Chapter IX, Art. 6, 7).

Right of inheritance

Ancient India had its own traditions. According to the regulations given by the Laws of Manu, only the sons were to receive the father's property. The weak-minded, state criminals, people expelled from the caste, etc. had no right to inheritance. The wife had the right to the property only of her son, if he had no children.

The Laws of Manu established the order of inheritance. The inheritance should not have included everything donated. Property passed into the hands of their own sons. If they were not there, then everything acquired was given to the daughter’s sons. Further, sons who left the house and were then accepted back were considered heirs. In the absence of such, all property could go to the guru. This was the house priest. If neither he nor his daughters were there, then everything they had acquired was sent to the royal treasury.

Based on the analysis of the Laws of Manu, we can conclude that they are an ancient example of inheritance law. Wills were not made in those days. The right of inheritance was transferred only according to this set of rules.

Trial and punishment

The Laws of Manu reflect such concepts related to criminal law as “recidivism”, “forms of guilt”, “complicity”, as well as “severity of guilt”, depending on which varna the perpetrator or victim belongs to.

Reflects a collection of rules and regulations of Ancient India and types of crimes. They are divided into:

State;

Against property;

Against the individual;

Violating family relationships.

They approved the Laws of Manu and various punishments. Among them:

The death penalty;

Self-harm;

Exile;

Imprisonment;

Shaving the head (for a Brahmin).

Proceedings in both criminal and civil cases were conducted in the same way and had an adversarial nature. Supreme Court was decided by the king with the Brahmins. In addition, there were corresponding authorities in all administrative units. A judicial panel was appointed for every ten villages. All cases were considered based on the hierarchy of varnas.

The main source of evidence was witness testimony. Moreover, for the court they had different values. Everything depended on the witness’s belonging to one or another varna. Tests by fire, water, scales, etc. could be used as evidence.

The king, as the highest judge under the Laws of Manu, had the right to annually declare amnesties.

Conclusion

Apparently, the Laws of Manu were written by the sages of one of the Brahman ancient Indian schools. They also gave the name to this set of rules and norms after the name of the mythical progenitor of man.

In the Middle Ages, the Laws of Manu were repeatedly commented on and rewritten. This fact indicates that great importance, which was given to this collection in India.

In 1794, the Laws of Manu were first published in English language. The author of the translation was V. Johnson. Subsequently, the collection of norms and rules of the ancient Indian people was repeatedly published in all European languages.