Journey to Lhasa and Central Tibet

by Sarat Chandra Das

When judges or arbitrators are unable to reach a decision, they may permit the plaintiff to challenge the defendant to make a deposition on oath, or undergo an ordeal. In Khams and Amdo this practice is dying out, but it is still in vogue in Central Tibet. On account of the nature of these oaths and ordeals, the law exempts certain classes of men from taking them. Lamas, teachers, genyen (semi-priestly laymen), monks, and novices are not allowed to take oaths and pass through ordeals, nor are Tantriks (religious sorcerers) and other practitioners of mystic incantations, who are supposed to be able to counteract the fearful consequences of breaking an oath by means of their powerful spells. Destitute and famished people, to whom food and clothing are all in all, and men who will do anything they like, regardless of the consequences in a future existence, are not allowed to make a deposition on oath, nor are wives and mothers, who can easily be persuaded to swear in the interests of their husbands and children. Besides these, young boys, lunatics, and the dumb, who do not understand the difference between good and evil, happiness and misery, are equally exempt. All others, not included in the above list, who are honest, know the difference between good and evil, believe in the inevitable consequences of one’s actions (karma), are held proper persons to take oaths and undergo ordeals.

The challenger is required to pay the defendant the “oath compensation,” or “oath blood” (na-tra), which varies from a trifling amount to a very large sum, according to the nature of the case; but for one of considerable importance the usual compensation is [[189]]fifty silver srang (125 rupees), and a yak; besides this “oath flesh” (na sha) is claimed.

The person challenged to take the oath first offers prayers to the all-knowing gods, the Buddhas and Bodhisattvas, to the gods of the land and to the goddesses called Srung-ma (protectresses), to the demi-gods of the land, and to the goblins and nymphs who live in the land, invoking them to bear witness to his solemn deposition. Then he speaks the following words: “What I depose is the truth, and nothing but the truth.” He then seats himself naked on the skin of a cow or ox newly slain, smears himself with the blood of the animal, and places an image of Buddha, with some volumes of religious books, on his head. Next, after eating the raw heart of the ox, and drinking three mouthfuls of its steaming blood, he declares to the spectators, “There is certainly no guilt in me, and if there be any, may the guardians of the world and the gods make me cease to exist before the end of the current month.” He then receives the oath compensation (na-tra) and the slain ox or “oath flesh” (na sha).

It is commonly believed among the Tibetans that, should one perjure himself, he either becomes insane, or dies vomiting blood, before the expiration of a hundred and seven days. When this does not befall him, other misfortunes happen, such as the loss of his wife or children, quarrels, feuds, or the loss or destruction of his property. Death is believed to be the most common consequence of perjury.

The undergoing of such an oath liberates the swearer from the penalty of death, and from paying fines in all cases of robbery and murder, as well as from civil liabilities, such as debts and disputes about land, even though it involves thousands of srang. On the other hand it is believed that if the challenger be guilty of false and malicious accusation, all the evils reserved for the perjured swearer will fall upon him.

In certain cases the guilt or innocence of parties is decided by the throwing of dice, the person being exculpated who gets the greatest number of points.

Important cases of murder, dacoity, and theft are also decided by ordeals, of which there are two kinds—picking out white and black pebbles from a bowl of boiling oil or muddy water, and handling a red-hot stone ball. In the presence of the prosecutor, the witnesses, the judge, or his representative, and many other [[190]]spectators, the accused person invokes the gods and the demi-gods to bear witness to his statement, and declares that he tells the perfect truth. A copper or iron bowl filled with boiling oil or muddy water is then placed before him, in which two pebbles of the size of an egg, one white and the other black, each enveloped and tied up in a bag, are thrown. The swearer washes his hands first with water, and then with milk, and, having heard read a section of the Law written on a tablet with the blood of a cow slain for the occasion, plunges his hand in the boiling oil or water, and withdraws one of the pebbles. If he takes out the white one without scalding his hand, he is believed to be innocent; but if his hand is scalded, he is considered to be only partially innocent. If he brings out the black stone and gets his hand scalded besides, he is pronounced guilty.

The second form of ordeal is performed by heating a stone ball of the size of an ostrich’s egg red hot, and then placing it in an iron vessel. The person taking the oath, having washed his hand in water and milk, seizes the ball and walks with it to a distance of seven, five, or three paces, according as his challenger is of the first, second, or third class of social rank. After this, his hand is enveloped in a white cotton bag, which, in the presence of the spectators, is tied up and sealed. At the end of the third, fifth, or seventh day, the bag is opened and the palm examined. If it is found unscalded, with only a pale yellowish line or stain upon it, the accused is declared innocent; if there appear a blister of the size of a pea, he is thought partly guilty; if three blisters of that size appear, he is considered half guilty; but if his hand be burned all over, he is held guilty of all the charges.

According to the laws of Tibet, the interest on money, grain, or any other commodity is twenty per cent., or one measure for five measures yearly. The courts in a few cases admit contracts at even a higher rate of interest; but those who claim more according to their contract deeds may be punished as usurers, though sometimes their claims are allowed. In urgent cases thirty-three per cent. have been known to have been agreed upon. All contracts are required to be made in writing, attested by witnesses, and duly signed and sealed. The interest must be paid at the end of the year. If the debtor abscond, the witnesses are called upon to make good the loss sustained by the lender; but if he die, or become insolvent, and the [[191]]money be not realized, the witnesses are not held responsible. If, however, the money has been lent by the Government, by certain monasteries, or lamas, or by the paymaster of the army, the amount is realised from the relatives, witnesses, and neighbours of the debtor. At every military station, a certain amount of money is generally lent out by Government, on the interest of which the militia is paid by the quartermaster, who is one of the chief Government money-lenders. Usually when the person soliciting a loan is not known, or if doubts about his honesty are entertained, securities are required. Not so in Tibet, where the lenders have been known to use their power to collect debts from the heirs of debtors to the third generation. The more the debtor exceeds the fixed term for the payment of his debt the more urgent is the creditor in his demands. The court, when it sees that the creditor has extracted compound interest for many years from the debtor, can put a stop to the accumulation of further compound interest; but there is no fixed period mentioned in the law after which compound interest must cease to accumulate.[33]

In Tibet such articles as household utensils, implements of husbandry or war, drinking cups, borrowed articles, articles held in trust, landed estates of which the revenue is paid to the State, and images of gold, are never given in loan or mortgaged.