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A letter from three Bhoṭe brothers agreeing to hand over a bā̃dhā labourer to his master, Chāmbā Khunu (VS 1960)

ID: L_1200_0025


Edited and translated by Rajendra Shakya in collaboration with Rabi Acharya
Created: 2020-05-06; Last modified: 2022-11-29
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Published by Heidelberg Academy of Sciences and Humanities: Documents on the History of Religion and Law of Pre-modern Nepal, Heidelberg, Germany, 2022. Published by the courtesy of the National Archives, Kathmandu. The copyright of the facsimile remains with the Nepal Rashtriya Abhilekhalaya (National Archives, Government of Nepal). All use of the digital facsimiles requires prior written permission by the copyright holder. See Terms of Use.
The accompanying edition, translation/synopsis and/or commentary are available under the terms of the Creative Commons Attribution-ShareAlike 4.0 International License CCby-SA.

Abstract

This agreement states that three Bhoṭe brothers are ready to hand over a bā̃dhā labourer to his owner, Subbā Chāmbā Khunu, and to compensate him for the value of the labour lost within a deadline fixed by him.



Diplomatic edition

[1r]

1श्री­\

[Unknown Seal]

[Unknown Seal]

[Unknown Seal]

[Seal with the inscription: Śrī Rāmacandra 59]

[Seal with the inscription: Śrī Rāmacandra 59]

1लेषित­लम्‌‌जुं­३­गाऊमध्येका­ण[?]करि­क्याल्‌चै­लोप्‌‌सां­लक्‌‌पा­छ्रिं­भोटेहरु­
2आगे­१८­सै­षोलामध्ये­तिडाडा­वस्न्या­छाम्‌‌वा­सुभाका­वादा­आता­भोटे­हा
3म्रा­घर­आई­म­कोसैको­कर्जा­मधेको­होईन­तीम्रा­घरमा­वछु­भंन्दा­को
4सैको­कर्जा­मधेको­होईन­भंछं­भने­हामी­३­भाईको­झोपाको­गोठला­
5गर्भनी­भंदा­गर्छु­तीम्रा­घर­वछु­भंदा­हामी­३­भाईको­झोपाको­गोठला­
6लाय़ाको­साँचो­हो­नीज­आता­भोटे­सुभा­छाम्‌‌वा­षुनुको­वादा­षत्‌­हुना
7ले­हामी­३­भाईलाई­पालु­वजारमा­मेरा­वादा­वुझाईदिंछौं­की­कसो­भंछौ­
8भनी­पक्राऊ­गर्दा­नीज­आता­भोटेलाई­वुझाऊन­प्रने­हुनाले­नीज­हा
9मीसंग­नभै­आफ्ना­वेपार­व़ास्तीमा­भोट्‌तर्फ­गय़ाको­हुनाले­नीज­
10साहुसंग­नीज­आता­आउने­मात्र­मानीस्‌­र­जो­लागेको­नीम्या
11क्‌­स्मेत्‌‌मा­वीन्तिभाउ­गरि­मानी­वुझाऊला­भंदा­६०­साल्‌‌को­कातीक­
12मैन्हासम्म­भाका­दिदामा­हामी­३­भाईको­चीत्त­वुझ्यो­नीजलाई­साहुले­
13दिय़ाको­भाकामा­वुझाऊला­लेषियाको­भाकामा­वुझाय्य़ेन­भने­तम्सु
14क्‌­वमोजींको­रुपैञा­तम्सुक्‌­म्झट्‍‌दाला­थैली­वुझाऊला­तम्सुक्‌­नभै­थै
15ली­वुझाऊने­छैन­भनी­हामी­३­भाईका­मनोमान­षुसिराजी­अन्तना
16म्‌‌त्र­लेषि­नीज­साहु­सुभा­छाम्‌‌वा­षुनुको­छोरा­लाई­धोर्जे­षुनुलाई­दिञुं­
17यस­पत्रको­साछि­

[table1]

1सामागाऊको­ङवा­षुनु­१­तील्‌‌चे­वस्न्या­डिट्ठा­दुदु­घले­१­
2नम्व्रु­वस्न्या­टसि­न्म्गाल्‌­चै­षुनु­१­ऊपल्लो­घन्‌‌­पोषरा­वस्न्या­डिट्ठा­
 वानासुर­गुरुं­
१­
3तील्‌‌चे­वस्न्या­नुर्पु­भोटे­१­
4रुई­वस्न्या­छरि­धवा­लामा­१­लेषका­मुषिय़ा­रामचंद्र­नेव़ार­१­

22मीती­सम्वत्‌­१९६०­साल­मीती­श्रावन­सुदि­६­रोज­४­शुभ्मं­

Translation

[1r]

Śrī

Written by (likhitam) [the brothers] Kyālcai1 , Lopsāṅ (text: Lopsāṃ) [and] Lhākpā Chiriṅ Bhoṭe (text: Lakpā Chriṃ Bhoṭe), [residents of] …2 from among the three villages of Lamjung (text: Lamjuṃ)

Āge: When Ātā Bhoṭe, a bā̃dhā labourer of SubbāChāmbā, a resident of Tiḍā̃ḍā within the Aṭhāra Saya Kholā region, came to our house and said: "I am not in debt to anyone. I would like to stay in your house," we 3 brothers told him to work in our [cow] barn as a jhopā3 , as he claimed that he was not in debt to anyone. He said: "I'll do so [and] stay at your place", and so it is true that we 3 brothers took him in to work in our barn as a jhopā.

Since the said Ātā Bhoṭe, Subbā Chāmbā Khunu's bā̃dhā, stood accused [of having fled], [and] we 3 brothers were detained [by Subbā Chāmbā] at Pālu Bajāra and questioned: "Will you hand over my bā̃dhā or what do you say?", we had [had no other option than] to hand over the said Ātā Bhoṭe. [However,] the said person was not with us [at that time]. Instead, he had gone to Tibet (text: Bhoṭ) for personal trading purposes. Therefore, after we petitioned the said master (sāhu) regarding the handover of the said Ātā when he returns in person and the nimeka that is owed, we were given a deadline of [the end of] the month of Kārtika of the year [VS 19]60 (1903 CE). This was acceptable to us 3 brothers.

We 3 brothers have therefore willingly and freely written …4 and handed it over to Dhorje Khunu, son of the said master Subbā Chāmbā Khunu, with the following details: "We shall hand over the said person to the master within the given deadline. If we fail to do so, we shall submit a …5 purse with the amount mentioned in the tamasuka. We shall not submit the purse without a tamasuka [drawn]."

Witnesses of this letter:

Ṅavāṅ (text: Ṅavā) Khunu of Sāmāgāũ – 1

Ṭāśī Nāmgyāl Cai Khunu (text: Ṭasi Nmgāl Cai Khunu), resident of Nambru6 – 1

Norbu Bhoṭe (text: Nurpu Bhoṭe), resident of Tilce – 1

Chiriṅ Dhāvā Lāmā (text: Chari Dhavā Lāmā), resident of Rui – 1

ḌiṭṭhāDudu Ghale, resident of Tilce – 1

Ḍiṭṭhā Bānāsura Gurung, resident of Upper Ghanpokharā7 – 1

Scribe MukhiyāRāma Candra Nevāra – 1

Wednesday, the 6th of the bright fortnight of Śrāvaṇa in the [Vikrama] era year 1960 (1903 CE). Auspiciousness.


Commentary

According to the Mulukī Ain, it is a criminal offence to keep someone else's bonded labourer on one's own property. Article 80 of the Mulukī Ain states that if anyone abducted someone else's slave or bonded labourer, or helped him escape, or took him and hid him at his home, or took him somewhere else and hide him, then that person would be made to compensate the master for the value of the lost labour (nimeka) from the day the labourer went missing to the day of his death or escape from the abductor. The abductor was also fined the value attached to the absent labourer and made to return him to his proper owner (Kānuna tathā Nyāya Mantrālaya VS 2022: 349).

Although some of the information in this document is not clear due to the illegibility of a number of letters, it is clear that a bonded labourer, Ātā Bhoṭe, who probably escaped from his master, Chāmbā Khunu in Kutang and travelled all the way to Lamjung, worked as a free man in the cow barn of three Bhoṭe brothers, having lied to them about his status. The master managed to trace him, detain the Bhoṭe brothers and take him back. Ātā's employment by the Bhoṭe brothers in return for being allowed to stay with them was, according to the Mulukī Ain, a criminal offence, and hence the three brothers agreed to hand over the bonded labourer to his master and also pay the nimeka. Unfortunately, this document does not mention the amount of money the labourer was under service for. The Bhoṭe brothers appear to have bargained, and the two sides came to an agreement regarding the (unmentioned) amount to be paid.


Notes

1. The text is illegible here, but it appears to be Kyālcai, which probably is Gyaltsen. []

2. Illegible text. []

3. This is probably the Tibetan term ’jó(-ba)-po , which means a milker or milk-man (Jäschke 1881: 179). []

4. A few letters are illegible here, but it appears the three brothers wrote some kind of agreement. []

5. A few letters are illegible here that probably identify the official name of the compensation. []

6. The village mentioned here is probably Namdru, a village in Kutang (Snellgrove 1961: 281). []

7. This is a place in Lamjung. []