The titles of law make up the grounds for litigation and the performance of the legal process, usually by the king and his Brahmin counselors.
The eighteen titles of law according to Manu are: "(i) the first is the non-payment of debts; (ii) deposits; (iii) sale without ownership; (iv) partnerships; (v) delivery and non-delivery of gifts; (vi) non-payment of wages; (vii) breach of contract; (viii) cancellation of a sale or purchase; (ix) disputes between owners and herdsman; (x) the Law on boundary disputes; (xi) verbal assault; (xii) physical assault; (xiii) theft; (xiv) violence; (xv) sexual crimes against women; (xvi) Law concerning husband and wife; (xvii) partition of inheritance; and (xviii) gambling and betting.
[2] In terms of overlap, questions about witness, autonomy, competence, documentation, and contractual securities are all assumed in and carry over to discussions of the later titles.
1 and the Smṛti of Bṛhaspati [5] when a person, who holds an open deposit, a sealed deposit, an article bailed for delivery to another, stolen property, an article borrowed for some festival, a pledge, or property lost by a stranger and found (by him), sells it in secret (or behind the back of the owner) it is to be considered as a sale by one who is not the rightful owner.
"[8] It is seen as important that there is a first category of sale without ownership because it hints at how "the state was involved in the settlement of people's disputes at an informal level.
For example, the Smṛti of Bṛhaspati states regarding potential partners, "that a man should carry on a joint business with other persons of good family, that are clever, active, intelligent (or educated), familiar with cons, skilled in controlling (expenditure) and income, honest and valiant (or enterprising) and that joint undertakings like trade should not be carried on by prudent men with persons (partners) who are weak or lazy or afflicted with disease or are unlucky or destitute (of money).
"[11] Kane states, "It is interesting to note that the ancient Dharmasutras of Gautama, Āpastamba and Baudhāyana are silent about partnerships, and that Manu [12] lay down rules about the distribution of fees among the priests at a sacrifice ad that in one verse [13] he remarks that the same principles are to be applied in all matters where men work conjointly."
The Bŗhaspati is popularly cited by many medieval authors asserting that "a worker shall not do even the slightest mischief to the master; if he does he loses his wages and proceedings (vāda) begin."
Those who are "dependent, minors, extremely old, charged with grave sins, devoid of a limb, and those that are addicted to vices" are considered incompetent and agreements with these people are invalid.
However, if the price remains unchanged the seller still has to pay interest at the rate of five percent per annum on the amount paid by the buyer.
Kane "during the day the responsibility for the safety of the cattle rests on the herdsman and during the night on the owner provided they are in the latter's house.
Kane also states that "it is the duty of the cowherd to struggle as much as in him lies to protect the cows from accidents and if he is unable to do so he must quickly inform the owner.
In the Dharmaśāstras the section titled Sima Vivadah deals with the determination of boundaries of fields, homes and villages.
Kane states, "Vākpārusya, daṇḍapārusya, steya, strisangrahana, and sahāsa are five titles out of 18 that are concerned with what may be called criminal matters or crimes in modern nomenclature.
The Nāradasmṛti says vākpārusya is defined as, "abusive words that loudly proclaim censure of another's country, caste, family and the like and that cause mental pain or offence to that man.
4–6 defines it as injuring the limbs of another with the hand, foot, weapon or other means (such as stones) or defiling or causing pain by (bringing) ashes and similar substances in contact with another…assault may be one of three kinds viz.
[32] Theft, or streya, is defined by the Kauṭilya's Arthaśāstra as "depriving a man of his wealth either clandestinely or openly and either by night or by day.
Other texts are harsher, such as those of the late smŗti writer Devala, that states that women who are raped and conceive may not be restored to social intercourse even after undergoing expiation.
"Traces of this rule are to be found even in IX-104 of the Manu Smrti which can be literally rendered as: brothers may take equally the ancestral wealth after the mother and the father; they have no competence so long as the mother and the father are alive" [39] Dyũta samāhvaya, known as 'gambling and betting games,' is a traditional title of dispute first present in the earlier smŗtis with little change in the post smŗti period.
The Mitāksarā is one of the only texts that presents a change, defining gambling as "any transaction involving betting with stake money" thus expanding the definition beyond games like dice and cockfighting.
[40] According to Mathur, Manu's categorical command to the kings to completely prohibit all gambling influences many texts like the Vyavahāra Nirņaya and the Smŗti Candrikā.
However, there are other texts like the Bŗhaspati that find gambling law to be beneficial for purposes of taxation and to provide ease in the search for criminals.