Chapter 5.5 - Laws Relating to Ordeals (divya)

Ordeals [i.e., divya] are the special characteristics of ancient Indian legal system or jurisprudence. Ordeals are considered a part of evidence or mode of proof. Ordeals are distinct from human evidence. Ordeal is supposed to be divine proof in the enumeration of Yājñavalkya. The philosophy or idea behind invoking divine test is stated by J Jolly, that the divine judgment is based on the belief in the direct intervention of the deity in order to expose the guilt or to vindicate the innocence and to expiate for the violation of law which has occurred.^[1] Human evidence comprises of documents, witnesses and possession, etc. Yājñavalkya has incorporated as general rules of procedure (2.22) that ordeals cannot be applied or permitted in any case when anyone of the human means of proof is possible. Yājñavalkya has laid down significant provisions regarding applicability, method and usage of ordeal, in twelve verses.

Yājñavalkya mentions [five forms of ordeals, for exoneration from an accusation, viz.]:

1. the balance (tulā),
2. the fire (agni),
3. the water (jala),
4. the poison (viṣa) and
5. the consecrated water (kośa).

He prescribes the restrictive rule that these five ordeals to be resorted to only in cases of grave charges or serious crimes however, ordeals are not made invariably applicable to serious complaints or suspicion. The necessary condition put for an ordeal is that the complainant should agree to abide by the result of the ordeal.^[2] Therefore, it is provided as special rule that by mutual consent of both the litigants, anyone meaning either the complainant, i.e. who had made accusation or the accused may perform the ordeal [i.e., divya] and other should submit to the judgment.^[3] Here, the Mitākṣarā comments that ordeal evidence is not confined to affirmative proof alone like the human evidence, but can be established either by affirmative or by negative proof. Hence, in case of denial, confession and avoidance, ordeal may be permitted according to the will of either the plaintiff or the defendant.^[4] However, in some exceptional cases of high treason, of aggravated sin, a party may be allowed to go through the ordeal even though the other party does not agree.^[5]

Yājñavalkya declares a special rule concerning the conditions on whom what kind of ordeals [i.e., divya] may be applied. These ordeals are sanctioned depending upon the circumstances, nature of the suit, or person to be gone through. The ordeal of balance is intended for women, children, old men, blind and lame person, the Brāhmaṇas and the diseased. Ordeal of fire and water are prescribed for Kṣatriyas and Vaiśyas respectively, and poison measures of seven yavas for Śūdras.^[6] Moreover, the ordeals by fire, poison or balance should not be administered if the subject-matter of dispute is less than one thousand paṇas. In cases of offences affecting the king and in serious charges, parties willing to prove their innocence may undergo an ordeal after having purified themselves.^[7] One rule is provided, which is required to be observed for ordeals in general. The persons summoned to go through the ordeal should stay on fasting from the previous day. On the day of ordeal, at sunrise having bathed and clad in wet clothes he should perform ordeal in the presence of the king and the Brāhmaṇas.^[8] Commenting on the provision, the Mitākṣarā states that the process of ordeal is administered by the prāḍvivāka, i.e. the chief judge. Yājñavalkya has very briefly narrated these ordeals.

The ordeal of balance (tulā):

The person, performing a balance ordeal, sits on the scale of a balance, then an expert in weighing weighs him with an equal weight and marks a line. After that, he descends from the scale. Invoking the balance with a mantra to uphold truth, the person is to ascend the scale again. If at the second time he goes down then he is considered to be guilty, on the contrary, if he appears to be lighter, i.e. taken upwards he will be declared innocent.^[9]

The ordeal of fire (agni):

For performing fire ordeal, hands of the person undergoing the ordeal are marked on which grains of the rice have been rubbed in. Thereafter, seven leaves of aśvattha should be placed on his hands and encircles them with as many rounds of threads. After that, the fire is prayed for declaring the truth and on completion of the addressing, one smooth iron ball of fifty palas red heated like fire should be placed in both of his hands. Taking that iron ball, he has to gradually walk through seven maṇḍalas, i.e. circles of sixteen fingers in diameter and the space intervening between two circles also should be sixteen fingers. Thus, after going through seven circles when he throws out the burning iron ball, his hands are to be examined. If his hands are found to be un-burnt then he is considered innocent. In case the balls fall down on the way or any doubt arises then again he has to undergo the ordeal.^[10] It is to be mentioned that Nārada propagates eight circles instead of seven in the Yājñavalkyasmṛti, and prescribes seven numbers of threads to fasten the leaves on the hands unlike the later, which has not given any particular figure. Diameter of each circle is prescribed by Nārada to be the length of one’s foot and space between two circles as thirty-two aṅgulas.^[11] Thus, the law of Yājñavalkya appears to be mild then that of Nārada.

The ordeal of water (jala):

The procedure for water ordeal is that after the worship of God Varuṇa, the person desiring for the ordeal should enter the water navel-deep. Simultaneously, an arrow is discharged from that place and a swift runner brings back the arrow. If after his return, he sees the person completely immersed in water then his innocence is established.^[12]

The ordeal of poison (viṣa):

In the ordeal of poison, at first, poison is worshiped. Then according to Yājñavalkya the person, performing the ordeal should drink the poison called śārṅga produced on the Himalaya mountains. If the poison is digested without showing adverse effect on the body, then he is considered not to be guilty.^[13]

The ordeal of consecrated water (kośa):

The ordeal of kośa is administered having worshipped the stern deities and collects the water in which they are bathed. After collecting the water, the judge should recite a mantra and make the person drink there from three handful of water. After performance of the ordeal, if the person does not meet with any calamity either by the act of god or of king within fourteen days then he will be declared innocent.^[14]

Manu mentions only two forms of ordeals [i.e., divya], i.e.

1. fire and
2. water. ^[15]

Nārada incorporates same five ordeals mentioned by Yājñavalkya.^[16] Moreover, he has referred to two more ordeals, viz.

1. taṇḍula and
2. taptamāṣa.^[17]

Though, Yājñavalkya has increased the number of ordeals than that of the Manusmṛti, at the same time, he seems to be very much aware of the limitations of ordeals and about adverse effect of justice these may cause. Hence, he has carefully lays down the rules to minimise the use of ordeals. These ordeals are not having any corresponding provisions under modern Indian legal system. These are not adopted rather prohibited as people consider these irrational, arbitrary, and fanciful.

Footnotes and references:

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[1]:

Vide., Jolly, J., Hindu Law and Custom, page 310

[2]:

tulāgnyāpo viṣaṃ koś divyānīha viśuddhaye/ mahābhiyogeṣvetāni śīrṣakasthe’bhiyoktari// Yājñavalkyasmṛti, 2.95

[3]:

rucyā vānyalaraḥ kuryādilaro vartayecchiraḥ/ Ibid., 2.96

[4]:

na mānuṣapramāṇavaddivyaṃ pramāṇaṃ bhāvaikagocaraṃ apitu bhāvabhāvāraviśeṣeṇa gocarayati/ ataśca mithyottare pratyavaskandane prāṅnyāye vārthipratyarthinoranyalarastecchayā divyaṃ bhavatīti/ Mitākṣarā, Ibid.

[5]:

vināpi śīrṣakātkuryānnṛpadrohe’tha pātake// Yājñavalkyasmṛti, 2.96

[6]:

Ibid., 2.98

[7]:

nāsahastrāddharetphālaṃ na viṣaṃ na lulāṃ tathā/ nṛpārthesvabhiśāpe ca vahehuḥ śucayaḥ sadā// Ibid., 2.99

[8]:

sacailaṃ snālamāhūya sūryodaya upoṣitam/ kārayetsarvadivyāni nṛbrāhmaṇasaṃnidhu// Ibid., 2.97

[9]:

Yājñavalkyasmṛti, 2.100-102

[10]:

Ibid., 2.103-107

[11]:

Nāradasmṛti, 4.1. 285-287, 299

[12]:

Yājñavalkyasmṛti, 2.108-109

[13]:

Ibid., 2.110-111

[14]:

Ibid., 2.112-113

[15]:

Manusmṛti, 8.114

[16]:

Nāradasmṛti, 4.1. 252

[17]:

Ibid, 4.1. 337, 343

Other Dharmashastra Concepts:

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Discover the significance of concepts within the article: ‘Laws Relating to Ordeals (divya)’. Further sources in the context of Dharmashastra might help you critically compare this page with similair documents:

Narada, Yajnavalkya, Mitakshara, Fasting, Purification process, Serious crime, Mutual consent, The fire, Chief-Judge, Human evidence, Special rule, High treason, The water.

Concepts being referred within the main category of Hinduism context and sources.

The balance, Comparative analysis, Divine test.