Chapter 44 - Description of the Divyas (Ordeals)

[Sanskrit text for this chapter is available]

Arjuna enquired:

1. O great sage, I wish to hear the different kinds of Divya ordeals. How and which of them are to be carried out, so that merit and sin become clear thereby.

Nārada said:

2. Learned men know that Divya ordeals are eight in number, viz. Śapathas (solemn oaths), Kośa (drinking holy water), Dhaṭaka (balance), Viṣa (poison), Agni (fire), Taptamāṣaka (heated piece of coin or gold), Phāla (ploughshare) and Taṇḍula (rice grains).

3-5. In those matters where there are no witnesses, when two persons argue mutually, in a case of treason, in false accusations, in rash activities etc. the unknown (guilty man) can be found out by means of oaths. For the sake of (pointing out the truth), solemn oaths have been taken by great sages and Devas.

King Javana took a false oath before Vasiṣṭha. Within a year he became poor and miserable along with his family, O descendant of Bharata.

6. If a person takes false oaths, it is like a blind man going to the abode of his enemy. The foolish one opens the doors of the Raurava hell for himself.

7-8. Sinners think thus, ‘No one sees us.’ Devas do see them. (Similarly) the inner Puruṣas of themselves see them.

The Sun, the Moon, fire, wind, firmament, the earth, water, heart, Yama, day, night, the two Sandhyās (dusk and dawn) and Dharma—all these understand the activities of a man.^[1]

9. Realizing this (it is necessary) that one shall take only truthful oaths. By taking false oaths one ruins oneself both here and hereafter.

10. He shall be pure (in body and mind) and say thus: “This is the truth that I say, since you are the witness thereof. Grant me the benefit whether auspicious or otherwise.” Saying thus, he shall touch the feet of the Sun-god (Bhaṭṭāditya).

11-12. While taking the oath, a Brāhmaṇa should touch a scriptural text, a Kṣatriya should touch a weapon, a Vaiśya should touch MĀ^[2] (his professional goddess, Lakṣmī’s idol) and a Śūdra his own preceptor. In the case of all the people this is generally applicable that they should touch their mother, father or any other person worthy of reverence.

The form of Kośa ordeal has already been (rather ‘will be’) explained to you, O son of Pāṇḍu

13-15. The king shall give Kośa (pail of holy water) to people of all the castes except Brāhmaṇas. The man shall be made to drink the water with which his favourite deity is bathed. If a man is equally (impartially) devoted to all the deities, he shall be made to drink the water with which the idol of the Sun-god is bathed. In the case of all fierce deities the arrow or other weapons should be bathed or taking a solemn vow, fresh water of the deities’ bath be given to drink. The fruit (result) of the Kośa ordeal must be revealed within twenty-one days.^[3]

16-18. Henceforth listen to the procedure of Mahā Divya ordeals. On account of the confidence(?), the Divya ordeal will remove all doubts.

Brahmā formerly said that the ordeal must be administered Saśiraska^[4] (and) in the case of heinous and fierce crimes Aśiraska too shall be clearly administered.

The king shall not administer it (Śiraska) to the saintly men and bachelors among the four castes. The Dhaṭa ordeal (of the balance) should not be administered when there is violent blowing (of wind). The ordeal of fire should not be administered during hot season.

19-23. The ploughshare ordeal should not be administered in the case of religious students: nor the ordeal of rice in the case of those who have ulcers in the mouth; poison ordeal should not be administered to those who suffer from leprosy and biliousness as well as to Brāhmaṇas.

The ordeal of heated coin is righteous and faultless. Everyone deserves to be administered it.

In a country where people die due to sickness, one shall not administer the ordeals of solemn oaths and Kośa (drinking sacred water).

Some people withstand (obstruct) the power of Divya ordeals by means of Āsura (demoniac) Mantras. In their case, one shall employ persons of devout and virtuous pursuits capable of resisting their effects.

After finding out the obstructors of the Divya ordeal, the king should banish those sinners permanently from his realm. Indeed they are thorns to the people of all the worlds. The king should endeavour always to find them out.

24-27. Indeed they are of evil conduct and thieves of thieves.

One should subject to lesser ordeals those persons whose defects have been observed before but who are conversant with virtue and are engaged in righteous activities and not in big undertakings.

O descendant of Bharata, the king shall have faith in the words of those persons who have never uttered lies ever since their birth.

Even after understanding the devout and pious habits of a person, if the king administers (the ordeals) out of greed or anger, he himself becomes defiled.

Therefore a Divya ordeal shall be administered in the case of sinners. The ordeal of Dhaṭa (balance) is described at the outset.

28-32. In the south-eastern part of level ground two posts of any Yajñīya (i.e. worthy of being used as posts in a sacrifice) tree shall be fixed. Each post shall be seven cubits (Hastas) long, of which two Hastas shall go beneath the ground leaving five above the ground. The distance between the posts shall be four Hastas. A transverse beam should be carefully fixed over the posts. The balance rod, the cross bar, shall be free from cuts and cracks. It shall be hard and firm. It should be taken from any of the following trees: Khadira (Acacia catechu), Arjuna (Terminalia arjuna), Śīṃśapa (Dalbergia sissoo) and Śāla (Vatica robusta).

Two slings shall be suspended from the transverse beam.

Thus the balance shall be made facing the east (i.e. the posts supporting the beam must be on the south and the north). It shall be steady. The place selected must be very clean.

33-35. The balance may be on pillars of stones(?) Either a merchant or a goldsmith or a clever brazier shall be made the person holding the balance. He shall be impartial towards enemy and friend. The clever judge shall announce to the person holding the balance thus: “If a person holds the balance falsely, he will go to the same worlds (hells) as are declared in the case of the slayer of a Brāhmaṇa or in the case of the slayer of women and children.”

36-37. In one of the slings (pan of the balance) he shall place the known man (? the accused) who has observed fast. The learned man shall place in the second sling pure white clay. He shall avoid, bricks, pebbles, ash, skulls (lids of broken pots) and bones. After weighing him (the umpire) shall make him get down.

38-44. A Patra (a leaf on which something is written) shall be placed on his (of the accused) head and he shall be placed on the sling) along with the Patra. On the Patra the following Mantra should be written as has been enjoined by the Self-born Lord previously:

“O goddess named Tulā (Balance), you are the daughter of Brahmā. The syllable TU is said as having the sense “Weighty” and the syllable LĀ the sense “lightness”. Therefore you are spoken of as “Tulā”^[5] because you have both the weighty and the light joined together.

O splendid lady, relieve this accused one from suspicion.”

The judge then places once again that man in the balance along with the Patra. If he goes up (decreases) in weight he shall be (considered) pure and devout.^[6] If he goes down (becomes heavy in weight) those who are conversant with Dharma know that he is not pure. If the sling snaps or the balance rod breaks, (the judge) shall make him sit in the balance once again. Thus the knowledge shall be free from doubts and justice shall not be given up. All this should be done on a Sunday after worshipping the Sun.

Henceforth I shall expound the Viṣa (Poison) ordeal. Listen.

45-49. It is said to be of two types. Ghaṭasarpa Viṣa (the poison of the Serpent kept in a pot) or anyone of the poisons, Śārṅga (derived from the Śṛṅga plant) or Vatsanābha (aconite) or Hima Śailabhava or Haimavata^[7] (originating in the Himālayas).

Poison weighing seven yavas (barley seeds) or six besmeared with ghee (should be given).

The following should be written on a Patra: “O Poison, Son of Brahmā, you abide by and cling to truth and virtue. Save this man from sin. Be nectar on account of his truthfulness.”

The Patra is then placed on the head of the accused.

Those conversant with Dharma know that if the poison is digested without any (adverse) effect such as vomiting, unconsciousness etc., (the judge) shall consider him pure.

Second Type

A hungry serpent is kept in a pot. The Mantra written on the Patra in the previous (case) is uttered. The accused is also kept hungry. Clapping seven times(?) the accused touches the serpent. If the serpent does not bite him he is considered free from guilt.^[8]

50-52. Listen from me the Fire Ordeal as ordained by Virañci (god Brahmā)^[9]:

Seven circles are to be drawn in front of the Sun-god. The decision is that the circle should be drawn consecutively (?) (from the west) to the east. (The diameter of) each of the circle should be sixteen Aṅgulas and the distance between each circle should be the same (sixteen Aṅgulas). All ordeals are to be performed in the presence of gods and Brāhmaṇas. The accused should have observed a fast and clad in wet cloth.

53. The ordeal shall be supervised by the king or an officer authorized by him. It shall be conducted in the presence of learned Brāhmaṇas and ministers.

54-59a. When it is evening, the accused in a pure condition should face the east folding both the palms of his hands. Making his hands even (unfolded?) in another quadrangular mystic circle (the judge and others) should announce the charge-sheet (lit. what has been done etc.). He should wear a garland. They should (firmly) tie seven leaves of Aśvattha tree to his hands with a newly spun cotton thread.

An iron bali eight Aṅgulas in width and fifty Palas in weight should be heated in fire. At the outset the Sun is worshipped and then the Fire-god with red flowers, red sandal powder and incense. A Patra (letter of the charge-sheet) should be tied to the head of the accused after writing the following Mantra thereon as Brahmā utters it:

59b-62a. “You are, O Fire-god, the set of the four Vedas. You are invoked in the Yajñas. Since you sanctify and dispel sins, you are called Pāvaka (‘the purifier’). You are the mouth of all the Devas. You are the mouth of the expounders of Brahman. You are stationed in the stomach of all living beings. So you know the good and the evil. Reveal yourself to the sinners, O Pāvaka. Be flaming and brilliant unto them. Or in the case of those who are pure in mind, O powerful one, be cool”

62b-65. Then the accused should cross the circles slowly. After crossing them (all) slowly, he shall drop the iron ball on the ground. The leaves are removed then from his hands and grains of rice are pressed on his palms. If the hands are seen without any injury, he is considered to be pure and virtuous. If he drops it (the iron ball) down out of fear or if it is seen below(?) he shall be made to handle the lump of iron once again. This is the procedure proclaimed.

Henceforth I shall describe the procedure for Taptamāṣa (heated nugget of gold). Listen.

66-69. A vessel made of iron, copper or clay, four Aṅgulas deep and sixteen Aṅgulas square in the base shall be filled with ghee or oil twenty Palas^[10] in weight. When it is heated well, the replica of a pulse made of gold (a nugget of gold weighing one Māṣa) shall be dropped into it. The Mantra mentioned in the case of ordeal by fire (shall be written on a Patra and) placed on the head of the accused.

The accused must lift the heated lump of gold by means of the thumb and another finger. If he lifts it up unhesitatingly and without boil or swelling it should be known that he is guiltless.

I shall describe the ordeal by Phāla (ploughshare). You listen to it, O Dhanañjaya.

70-73. A flat piece of iron eight Aṅgulas and not more long and four Aṅgulas wide and weighing twelve Palas is called Phāla (ploughshare). The Mantra mentioned in the case of ordeal by fire should be (written on a Patra and) placed on the head of the accused. The accused shall lick thrice (once according to Smṛti-Candrikā II. 119) a six-Aṅgula portion of this sheet (after being heated?) and take back his tongue. Cow’s milk is given as an excellent means of cleaning it. Then the tongue is examined. If it is burned, the accused is not let off. If it is clean, it should be understood that he is not guilty.

Henceforth I shall mention the age-old procedure of the ordeal by Taṇḍula (rice grains).

74. The ordeal of rice grains should be administered in the case of theft and not at all in the other cases. Rice grains are kept soaked in water overnight.

75-77. In the morning, they are undoubtedly to be given for chewing (eating?). With his face to the east, he should be charge-sheeted thrice on a leaf either of Pippala or Bhūrja and not of any other tree. The rice-grains cleared of the husk should be purified. Placing them in an earthen pot, the accused should be seated before the Sun-god. The pure rice-grains should be sanctified religiously with the (following) Mantra:

78. “You are administered by persons well-coversant with Dharma as a means of purification (or test) of human beings. You are eulogized. It behoves you, O rice grain, to save (us) by means of truth and virtue.”

79. It is then given to the accused for chewing. He sits facing the east and spits out the rice. After they have been spit out (while the suspect is) facing the sun, if blood is seen therein the accused shall be pronounced guilty.

80. Thus, there are held eight types of divine ordeals, O scion of the family of Kuru, in front of Bhaṭṭāditya when the guilt of suspects is dispelled.

81. Similarly those conversant with tradition mention two types of divine ordeals by water. One is known as Jalahasta and the other as Majjana.

82-83. The time taken by a vigorous person discharging an arrow and then taking it back is noted. The accused is pressed down for so long under water. If he remains alive, he shall be pronounced guiltless.

Such is this spot of Bhaṭṭāditya, O descendant of Bharata. It has come to be on the earth by the kindness of Bhānu through (my efforts).

Note regarding Divyas (Ordeals):

Divya or ordeal is “that which decides what cannot be or is not to be decided by human means of proof” (Divyatattva p. 574). It is an irrational judicial method used by ancients (including Europeans) and was resorted to only when none of the human means of proof or circumstantial evidence were possible. The earliest reference to Divyas is found in Chāndogya Upaniṣad VI.16.1. Some kinds of ordeals are still reported from Caste Panchāyats of backward and nomadic tribes. The tenuous relation of this method of ancient judicial system with this Purāṇa is its occurrence in the presence of Bhaṭṭāditya with a view to boost up its importance.

There are some differences of details in the instructions regarding the procedure of the ordeals in this Purāṇa and in Smrtis as given by Kane, HD III. Ch. XIV.

Footnotes and references:

[1]:

Cf. Mbh Ādi 74.30 and Manu VIII.86.

[2]:

The editor of the Veṅkaṭeśvara edition in a footnote explains māṃ spṛśan 'touching me’, i.e. swearing by Nārada’. The v.l. vṛttiṃ spṛśan ‘touching his profession or goods’ is unambiguous.

[3]:

But 14 days according to Yājñavalkya II. 113 and Nārada IV.330.

[4]:

Śiras (head) indicates the last stage of the law suit indicating fine or corporal punishment (Mitākṣarā on Yāj. 11.95). Making an offer to pay a fine or undergo corporal punishment is said to be Śīrṣakastha or Śirastha in Smṛtis (Yājñavalkya II.95. Nārada IV.257).

[5]:

A popular etymology.

[6]:

As per translation of Kane in HD III, p. 370.

[7]:

Cf. Yājñavalkya II.112.

[8]:

Raṭṭa queen Candrikā alias Candalādevī of Saundatti is recorded to have proved her chastity through this ghaṭa-sarpa ordeal in C.E. 1208 (I. A. Vol. 19, p. 246).

[9]:

This procedure is different from the Fire-ordeal of Sītā described by Vālmīki in VR Yuddha, Sargas 116-118.

[10]:

320 Guñjā or 1 Tolā(?) in weight, (Kane, HD III, ftn 585).