Carl Clausewitz - The Strategy of Warfare – Boxed Set

On the birth of a natural son, savarna sons shall have 1/3rd of inheritance while savarna sons shall have only food and clothing.

Sons begotten by Bráhmans or Kshatriyas on women of next lower caste (anantaráputráh) are called savarnas; but on women of castes lower by two grades are called asavarnas. (Of such asavarna sons), the son begotten by a Bráhman on a Vaisya woman is called Ambashtha; on a Súdra woman is called Nisháda or Párasava. The son begotten by a Kshatriya on a Súdra woman is known as Ugra; the son begotten by a Vaisya on a Súdra woman is no other than a Súdra. Sons begotten by men of impure life of any of the four castes on women of lower castes next to their own are called Vrátyas. The above kinds of sons are called anuloma, sons begotten by men of higher on women of lower castes.

Sons begotten by a Súdra on women of higher castes are Ayogava, Kshatta, and Chandála; by a Vaisya, Mágadha, and Vaidehaka; and by a Kshatriya, Súta. But men of the, names, Súta and Mágadha, celebrated in the Puránas, are quite different and of greater merit than either Bráhmans or Kshatriyas. The above kinds of sons are pratiloma, sons begotten by men of lower on women of higher castes, and originate on account of kings violating all dharmas.

The son begotten by an Ugra on a Nisháda woman is called kukkuta and the same is called Pulkasa, if begotten in the inverse order. The son begotten by an Ambhashtha on a Vaidehaka woman is named Vaina; the same in the reverse order is called Kusílava. An Ugra begets on a Kshatta woman as vapáka. These and other sons are of mixed castes (Antarálas).

A Vainya becomes a Rathakára, chariot-maker, by profession. Members of this caste shall marry among themselves. Both in customs and avocations they shall follow their ancestors. They may either become Súdras or embrace any other lower castes excepting Chandálas.

The king who guides his subjects in accordance with the above rules will attain to heaven; otherwise he will fall into the hell.

Offsprings of mixed castes (Antarálas) shall have equal divisions of inheritance.

Partition of inheritance shall be made in accordance with the customs prevalent in the country, caste, guild (sangha), or the village of the inheritors.

[Thus ends Chapter VII "Distinction between Sons" in the section of “Division of Inheritance” in Book III, “Concerning law” of the Arthasástra of Kautilya. End of “Division of Inheritance”. End of the sixty-fourth chapter from the beginning.]

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DISPUTES concerning Vástu are dependent for settlement on the evidences to be furnished by people living in the neighbourhood.

Houses, fields, gardens, building of any kind (setubandhah), lakes and tanks are each called Vástu.

The fastening of the roof of a house to the transverse beam by means of iron bolts is called setu (karna-kílaya- sabandho’ nugriham setuh). In conformity to the stability of the setu, houses shall be constructed. Not encroaching upon what belongs to others, new houses may be constructed.

Foundation (pade bandhah) shall be 2 aratnis by 3 padas. Except in the case of temporary structures for the confinement of women for ten days, all permanent houses shall be provided with a dunghill (avaskara), water course (bhrama), and a well (udapánum). Violation of this rule shall be punished with the first amercement.

The same rule shall hold good regarding the necessity of constructing closets, pits and water courses on festive occasions.

From each house a water course of sufficient slope and 3 padas or 11 aratnis long shall be so constructed that water shall either flow from it in a continuous line or fall from it (into the drain).

Violation of this rule shall be punished with a fine of 54 panas.

Beginning with a pada or an aratni, an apartment measuring 3 padas by 4 padas shall be made for locating the fire for worship (agnishtham), or a waterbutt, (udanjaram), or a corn-mill (rochaním), or a mortar (kuttinín).

Violation of this rule shall be punished with a fine of 24 panas.

Between any two houses or between the extended portions of any two houses, the intervening space shall be 4 padas, or 3 padas. The roofs of adjoining houses may either be 4 angulas apart, or one of them may cover the other. The front door (anidváram) shall measure a kishku; there shall be no impediment inside the house for opening one or the other of the folds of the door. The upper story shall be provided with a small but high window. [If a (neighbouring) house is obstructed by it, the window should be closed.] The owners of houses may construct their houses in any other way they collectively like, but they shall avoid whatever is injurious. With a view to ward off the evil consequences of rain, the top of the roof (vánalatyaschordhvam) shall be covered over with a broad mat, not blowable by the wind. Neither shall the roof be such as will easily bend or break. Violation of this rule shall be punished with the first amercement. The same punishment shall be meted out for causing annoyance by constructing doors or windows facing those of others houses except when these houses are separated by the king's road or the high road.

If a pit, steps, water-course, ladder, dung-hill, or, any other parts of a house offer or cause annoyance to outsiders, or in any way obstruct the enjoyment of others (bhoganigrahe cha), or cause water to collect and thereby injure the wall of a neighbouring house, the owner shall be punished with a fine of 12 panas. If the annoyance is due to feces and urine, the fine shall be double the above. The water-course or gutter shall offer free passage for water; otherwise the fine shall be 12 panas.

The same fine (12 panas) shall be meted out not only to a tenant who, though asked to evacuate, resides in the house, but also to the owner who forces out a renter who has paid his rent (from his house), unless the renter is involved in such acts as defamation, theft, robbery, abduction, or enjoyment with a false title. He who voluntarily evacuates a house shall pay the balance of the annual rent.

If any one of a party does not take part in the construction of a building which is intended for the common use of all the members of that party or if any one obstructs another member of a party in making use of any part of such a building, he shall be fined 12 panas. Similarly if any one mars another's enjoyment of such a building, he shall be fined double the above.

With the exception of private rooms and parlours, (angana) all other open parts of houses as well as apartments where fire is ever kindled for worship or a mortar is situated shall be thrown open for common use.

[Thus ends Chapter VIII, “House-building” in the section of “Buildings” in Book III, “Concerning Law” of the Arthasástra of Kautilya. End of the sixty-fifth chapter from the beginning.]

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RICH persons among kinsmen or neighbours shall in succession go for the purchase of land and other holdings. Neighbours of good family, forty in number and different from the purchasers above mentioned, shall congregate in front of the building for sale and announce it as such. Accurate description of the exact boundaries of fields, gardens, buildings of any kind, lakes or tanks shall be declared before the elders of the village or of the neighbourhood. If, on crying aloud thrice ‘Who will purchase this at such and such a price’? no opposition is offered, the purchaser may proceed to purchase the holding in question. If at this time the value of the property is increased by bidding even among persons of the same community, the increased amount together with the toll on the value shall be handed over into the king's treasury. The bidder (vikrayapratikroshtá) shall pay the toll. Bidding for a property in the absence of its owner shall be punished with a fine of 24 panas. If the owner does not come forward even on the expiration of seven nights, the bidder may take possession of the property. Sale of building, etc., (vástu) to other than the bidder shall be punished with a fine of 200 panas; if the property is other than buildings, etc., (vástu), the fine for the above offence shall be 24 panas. Thus the sale of buildings is dealt with.