Vishnu smriti

The Institutes Of Vishnu

 

Translated By Julius Jolly

 

Sacred Books Of The East, Vol. 7

Oxford, The Clarendon Press

[1880]

 

 

List Of The More Important Abbreviations.

Âpast.--Âpastamba's Dharma-sutra, ed. Buhler.

Âsv.--Âsvalâyana's Grihya-sutra, ed. Stenzler.

Gaut.--Gautama's Dharmasâstra, ed. Stenzler.

Gobh.--Gobhila's Grihya-sutra, in the Bibl. Ind.

M.--Mânava Dharmasâstra, Calcutta edition, with the Commentary of Kulluka.

Nand.--Nandapandita, the commentator of the Vishnu-sutra.

Pâr.--Pâraskara's Grihya-sutra, ed. Stenzler.

Sânkh.--Sânkhâyana's Grihya-sutra, ed. Oldenberg, in the fifteenth volume of the Indische Studien.

Y.--Yâgshavalkya's Dharmasâstra, ed. Stenzler.

Âpast. and Gaut. refer also to Dr. Buhler's translation of these two works in the second volume of the Sacred Books of the East.

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Introduction.

   THE Vishnu-smriti or Vaishnava Dharmasâstra or Vishnu-sutra is in the main a collection of ancient aphorisms on the sacred laws of India, and as such it ranks with the other ancient works of this class which have come down to our time[1]. It may be styled a Dharma-sutra, though this ancient title of the Sutra works on law has been preserved in the MSS. of those Smritis only, which have been handed down, like the Dharma-sutras of Âpastamba, Baudhâyana, and Hiranyakesin, as parts of the respective Kalpa-sutras, to which they belong. The size of the Vishnu-sutra, and the great variety of the subjects treated in it, would suffice to entitle it to a conspicuous place among the five or six existing Dharma-sutras; but it possesses a peculiar claim to interest, which is founded on its close connection with one of the oldest Vedic schools, the Kathas, on the one hand, and with the famous code of Manu and some other ancient law-codes, on the other hand. To discuss these two principal points, and some minor points connected with them, as fully as the limits of an introduction admit of, will be the more necessary, because such a discussion can afford the only safe basis for a conjecture not altogether unsupported regarding the time and place of the original composition of this work, and may even tend to throw some new light on the vexed question as to the origin of the code of Manu. Further on I shall have to speak of the numerous interpolations traceable in the Vishnu-sutra, and a few remarks regarding the materials

[1. This was first pointed out by Professor Max Muller, History of Ancient Sanskrit Literature, p. 134. His results were confirmed and expanded by the subsequent researches of Dr. Buhler, Introduction to Bombay Digest, I, p. xxii; Indian Antiquary, V, p. 30; Kasmir Report, p. 36.]

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used for this translation, and the principles of interpretation that have been followed in it, may be fitly reserved for the last.

   There is no surer way for ascertaining the particular Vedic school by which an ancient Sanskrit law-book of unknown or uncertain origin was composed, than by examining the quotations from, and analogies with, Vedic works which it contains. Thug the Gautama Dharmasâstra might have originated in any one among the divers Gautama Karanas with which Indian tradition acquaints us. But the comparatively numerous passages which its author has borrowed from the Samhitâ and from one Brâhmana of the Sâma-veda prove that it must belong to one of those Gautama Karanas who studied the Sâma-veda[1]. Regarding the code of Yâgshavalkya we learn from tradition that a Vedic teacher of that name was the reputed author of the White Yagur-veda. But this coincidence might be looked upon as casual, if the Yâgshavalkya-smriti did not contain a number of Mantras from that Vedic Samhitâ, and a number of very striking analogies, in the section on funeral ceremonies particularly, with the Grihya-sutra of the Vâgasaneyins, the Kâtiya Grihya-sutra of Pâraskara[2]. In the case of the Vishnu-sutra an enquiry of this kind is specially called for, because tradition leaves us entirely in the dark as to its real author. The fiction that the laws promulgated in Chapters II-XCVII were communicated by the god Vishnu to the goddess of the earth, is of course utterly worthless for historical purposes; and all that it can be made to show is that those parts of this work in which it is started or kept up cannot rival the laws themselves in antiquity.

   Now as regards, first, the Vedic Mantras and Pratîkas (beginnings of Mantras) quoted in this work, it is necessary to leave aside, as being of no moment for the present purpose, 1. very well-known Mantras, or, speaking more

[1. See Buhler, Introduction to Gautama (Vol. II of the Sacred Books of the East), pp. xlv-xlviii.

2. Buhler, Introduction to Digest, p. xxxii; Stenzler, On Pâraskara's Grihya-sutra, in the journal of the German Oriental Society, VII, p. 527 seq.]

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precisely, all such Mantras as are frequently quoted in Vedic works of divers Sâkhâs; 2. the purificatory texts enumerated under the title of Sarva-veda-pavitrâni in LVI. The latter can afford us no help in determining the particular Sâkhâ to which this work belongs, because they are actually taken, as they profess to be, from all the Vedas indiscriminately, and because nearly the whole of Chapter LVI is found in the Vâsishtha-smriti as well (see further on), which probably does not belong to the same Veda as this work. Among the former class of Mantras may be included, particularly, the Gâyatrî, the Purushasukta, the Aghamarshana, the Kushmândîs, the Vyâhritis, the Gyeshtha Sâmans, the Rudras, the Trinâkiketa, the Trisuparna, the Vaishnava, Sâkra, and Bârhaspatya Mantras mentioned in XC, 3, and the Mantra quoted in XXVIII, 51 (= Gautama's 'Retasya'). Among the twenty-two Mantras quoted in Chapters XLVIII, LXIV, LXV (including repetitions, but excluding the Purushasukta, Gâyatrî, Aghamarshana) there are also some which may be referred to this class, and the great majority of them occur in more than one Veda at the same time. But it is worthy of note that no less than twelve, besides occurring in at least one other Sâkhâ, are either actually found in the Samhitâ of the Kârâyanîya-kathas, the Kâthaka[1] (or Karaka-sâkhâ?), or stated to belong to it in the Commentary, while one is found in the Kâthaka alone, a second in the Atharva-veda alone, a third in the Taittirîya Brâhmana alone, and a fourth does not occur in any Vedic work hitherto known[2]. A far greater number of Mantras occurs in Chapters XXI, LXVII, LXXIII, LXXIV, LXXXVI, which treat of daily oblations, Srâddhas, and the ceremony of setting a bull at liberty. Of all these Mantras, which,--including the Purushasukta and other such well-known Mantras as well as the short invocations addressed to Soma, Agni, and other deities, but excluding the invocations addressed to Vishnu in the spurious Sutra, LXVII, 2,--are more than a hundred in number, no more than forty or so are found in Vedic

[1. In speaking of this work I always refer to the Berlin MS.

2. XLVIII, 10. Cf., however, Vâgas. Samh. IV, 12.]

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works hitherto printed, and in the law-books of Manu, Yâgshavalkya, and others; but nearly all are quoted, exactly in the same order as in this work, in the Kârâyanîya-kâthaka Grihya-sutra, while some of them have been traced in the Kâthaka as well. And what is even more important, the Kâthaka Grihya does not contain those Mantras alone, but nearly all the Sutras in which they occur; and it may be stated therefore, secondly, that the Vishnu-sutra has four long sections, viz. Chapter LXXIII, and Chapters XXI, LXVII, LXXXVI, excepting the final parts, in common with that work, while the substance of Chapter LXXIV may also be traced in it. The agreement between both works is very close, and where they differ it is generally due to false readings or to enlargements on the part of the Vishnu-sutra. However, there are a few cases, in which the version of the latter work is evidently more genuine than that of the former, and it follows, therefore, that the author of the Vishnu-sutra cannot have borrowed his rules for the performance of Srâddhas &c. from the Kâthaka Grihya-sutra, but that both must have drawn from a common source, i. e. no doubt from the traditions current in the Katha school, to which this work is indebted for so many of its Mantras as well.

   For these reasons[1] I fully concur in the view advanced by Dr. Buhler, that the bulk of the so-called Vishnu-smriti is really the ancient Dharma-sutra of the Kârâyanîya-kâthaka Sâkhâ of the Black Yagur-veda. It ranks, like other Dharma-sutras, with the Grihya and Srauta-sutras of its school; the latter of which, though apparently lost now, is distinctly referred to in the Grihya-sutra in several places, and must have been in existence at the time when the Commentaries on Kâtyâyana's Srauta-sutras were composed, in which it is frequently quoted by the name

[1. For details I may refer the reader to my German paper, Das Dharmasutra des Vishnu und das Kâthakagrihyasutra, in the Transactions of the Royal Bavarian Academy of Science for 1879, where the sections corresponding in both works have been printed in parallel columns, the texts from the Kâthaka Grihya-sutra having been prepared from two of the MSS. of Devapâla's Commentary discovered by Dr. Buhler (Kasmir Report, Nos. 11, 12), one in Devanâgarî, and the other in Sâradâ characters.]

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of Katha-sutra on divers questions concerning Srauta offerings, and at the time, when the Kasmîrian Devapâla wrote his Commentary on the Kâthaka Grihya-sutra, which was, according to the Kasmîrian tradition, as explored by Dr. Buhler, before the conquest of Kasmîr by the Mahommedans. Devapâla, in the Introduction to his work, refers to 'thirty-nine Adhyâyas treating of the Vaitânika (= Srauta) ceremonies,' by which the Grihya-sutra was preceded, from which statement it may be inferred that the Kâthaka Srauta-sutras must have been a very voluminous work indeed, as the Grihya-sutra, which is at least equal if not superior in extent to other works of the same class, forms but one Adhyâya, the fortieth, of the whole Kalpa-sutra, which, according to Devapâla, was composed by one author. It does not seem likely that the Vishnu-sutra was composed by the same man, or that it ever formed part of the Kâthaka Kalpa-sutra, as the Dharma-sutras of Baudhâyana, Âpastamba, and Hiranyakesin form part of the Kalpa-sutras of the respective schools to which they belong. If that were the case, it would agree with the Grihya-sutra on all those points which are treated in both works, such as e. g. the terms for the performance of the Samskâras or sacraments, the rules for a student and for a Snâtaka, the enumeration and definition of the Krikkhras or 'hard penances,' the forms of marriage, &c. Now though the two works have on those subjects a number of such rules in common as occur in other works also, they disagree for the most part in the choice of expressions, and on a few points lay down exactly opposite rules, such as the Vishnu-sutra (XXVIII, 28) giving permission to a student to ascend his spiritual teacher's carriage after him, whereas the other work prescribes, that he shall do so on no account. Moreover, if both works had been destined from the first to supplement one another, they would, instead of having several entire sections in common, exhibit such cross-references as are found e. g. between the Âpastamba Grihya and Dharma-sutras[1]; though the absence of such

[1. Buhler, Introduction to Âpastamba, Sacred Books, II, pp. xi-xiv.]

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references might be explained, in the case of the Vishnu-sutra, by the activity of those who brought it into its present shape, and who seem to have carefully removed all such references to other works as the original Dharmasutra may have contained. Whatever the precise nature of the relations between this work and the other Sutra works of the Kârâyanîya-kâthaka school may have been, there is no reason for assigning to it a later date than to the Kâthaka Srauta and Grihya-sutras, with the latter of which it has so much in common, and it may therefore claim a considerable antiquity, especially if it is assumed, with Dr. Buhler, that the beginning of the Sutra period differed for each Veda. The Veda of the Kathas, the Kâthaka, is not separated from the Sutra literature of this school by an intermediate: Brâhmana stage; yet its high antiquity is testified by several of the most eminent grammarians of India from Yâska down to Kaiyata[1]. Thus the Kâthaka is the only existing work of its kind, which is quoted by the former grammarian (Nirukta X, 5; another clear quotation from the Kâthaka, XXVII, 9, though not by name, may be found, Nirukta III, 4), and the latter places the Kathas at the head of all Vedic schools, while Patatashgali, the author of the Mahâbhâshya, assigns to the ancient sage Katha, the reputed founder of the Katha or Kâthaka school of the Black Yagur-veda, the dignified position of an immediate pupil of Vaisampâyana, the fountain-head of all schools of the older or Black Yagur-veda, and mentions, in accordance with a similar statement preserved in the Râmâyana (II, 32, 18, 19 ed. Schlegel), that in his own time the 'Kâlâpaka and the Kâthaka' were 'proclaimed in every village[2].' The priority of the Kathas before all other existing schools of the Yagur-veda may be deduced from the statements of the Karanavyuha[3], which work assigns to them one of the first places among the divers branches of

[1. See Weber, Indische Studien XIII, p. 437 seq.

2. Mahâbhâshya, Benares edition, IV, fols. 82 b, 75 b.

3. See Weber, find. Stud. III, p. 256 seq.; Max Muller, Hist. Anc. Sansk. Lit., p. 369. I have consulted, besides, two Munich MSS. of the Karanavyuha (cod, Haug 45).]

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the Karakas, whom it places at the head of all schools of the Yagur-veda. Another argument in favour of the high antiquity of the Kathas may be derived from their geographical position[1]. Though the statements of the Mahâbhâshya and Râmâyana regarding the wide-spread and influential position of the Kathas in ancient times are borne out by the fact that the Karanavutha mentions three subdivisions of the Kathas, viz. the Kathas proper, the Prâkya Kathas, and the Kapishthala Kathas, to which the Kârâyanîyas may be added as a fourth, and by the seeming identity of their name with the name of the {Greek Kaðaîoi} in the Pashgâb on the one hand, and with the first part of the name of the peninsula of Kattivar on the other hand, it seems very likely nevertheless that the original home of the Kathas was situated in the north-west, i. e. in those regions where the earliest parts of the Vedas were composed. Not only the {Greek Kaðaîoi}, but the {Greek Kambísðoloi} as well, who have been identified with the Kapishthala Kathas[2], are mentioned by Greek writers as a nation living in the Pashgâb; and while the Prâkya Kathas are shown by their name ('Eastern Kathas') to have lived to the east of the two other branches of the Kathas, it is a significant fact that adherents of the Kârâyanîya-kâthaka school survive nowhere but in Kasmîr, where all Brâhmanas perform their domestic rites according to the rules laid down in the Grihya-sutra of this school[3]. Kasmîr is moreover the country where nearly all the yet existing works of the Kâthaka school have turned up, including the Berlin MS. of the Kâthaka, which was probably written by a Kasmîrian[4]. It is true that some of the geographical and historical data contained in that work, especially the way in which it mentions the Pashkâlas, whose ancient name, as shown by the Satapatha Brâhmana (XIII, 5, 4, 7) and

[1. See Weber, Uber das Râmâyana, p. 9: Ind. Stud. I, p. 189 seq.; III, p. 469 seq.; XIII, pp. 375, 439; Ind. Litteraturgeschichte, pp. 99, 332; Zimmer, Altindisches Leben, p. 102 seq.

2. See, however, Max Muller, Hist. Anc, Sansk. Lit., p. 333.

3. Buhler, Kasmîr Report, p. 20 seq.

4. This was pointed out to me by Dr. Buhler.]

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Rig-veda (VIII, 20, 24; VIII, 22, 12), was Krivi, take us far off from the north-west, the earliest seat of Aryan civilization, into the country of the Kuru-Pashkâlas in Hindostân proper. But it must be borne in mind that the Kâthaka, if it may be identified with the 'Karaka-sâkhâ,' must have been the Veda of all the Karakas except perhaps the Maitrâyanîyas and Kapishthalas, and may have been altered and enlarged, after the Kathas and Karakas had spread themselves across Hindostân. The Sutras of a Sâkhâ which appears to have sprung up near the primitive home of Âryan civilization in India, which was probably the original home of the Kathas at the same time, may be far older than those of mere Sutra schools of the Black Yagur-veda, which have sprung up, like the Âpastamba school, in South India, i. e. far older than the fourth or fifth century B. C.[1]

   But sufficient space has been assigned to these attempts at fixing the age of the Kâthaka-sutras which, besides remaining only too uncertain in themselves, can apply with their full force to those parts of the Vishnu-sutra only, which have been traced in the Kâthaka Grihya-sutra. It will be seen afterwards that even these sections, however closely connected with the sacred literature of the Kathas, have been tampered with in several places, and it might be argued, therefore, that the whole remainder of the Vishnu-sutra, to which the Kâthaka literature offers no parallel, may be a subsequent addition. But the antiquity of the great majority of its laws can be proved by independent arguments, which are furnished by a comparison of the Vishnu-sutra with other works of the same class, whose antiquity is not doubted.

   In the foot-notes to my translation I have endeavoured to give as complete references as possible to the analogous passages in the Smritis of Manu, Yâgshavalkya, Âpastamba, and Gautama, and in the four Grihya-sutras hitherto printed. A large number of analogous passages might have been traced in the Dharma-sutras of Vâsishtha[2]

[1. See Buhler, Introd. to Âpastamba, p. xliii.

2. See the Benares edition (1878), which is accompanied with a Commentary by Krishnapandita Dharmâdhikârin, I should have given references to this {footnote p. xvii} work, the first complete and reliable edition of the Vâsishtha-smriti, in the footnotes to my translation, but for the fact that it did not come into my hands till the former had gone to the press. For Baudhâyana I have consulted a Munich MS. containing the text only of his Sutras (cod. Haug 163).]

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and Baudhâyana as well, not to mention Hiranyakesin's Dharma-sutra, which, according to Dr. Buhler, is nearly identical with the Dharma-sutra of Âpastamba. Two facts may be established at once by glancing at these analogies, viz. the close agreement of this work with the other Sutra works in point of form, and with all the above-mentioned works in point of contents. As regards the first point, the Sutras or prose rules of which the bulk of the Vishnu-sutra is composed, show throughout that characteristic laconism of the Sutra style, which renders it impossible in many cases to make out the real meaning of a Sutra without the help of a Commentary; and in the choice of terms they agree as closely as possible with the other ancient law-books, and in some cases with the Grihya-sutras as well. Numerous verses, generally in the Sloka metre, and occasionally designed as 'Gâthâs,' are added at the end of most chapters, and interspersed between the Sutras in some; but in this particular also the Vishnu-sutra agrees with at least one other Dharma-sutra, the Vâsishtha-smriti, and it contains in its law part, like the latter work, a number of verses in the ancient Trishtubh metre[1]. Four of these Trishtubhs are found in the Vâsishtha-smriti, and three in Yâska's Nirukta as well, and the majority of the Slokas has been traced in the former work and the other above-mentioned law-books, and in other Smritis. In point of contents the great majority both of the metrical and prose rules of the Vishnu-sutra agrees with one, or some, or all of the works named above. The Grihya-sutras, excepting the Kâthaka Grihya-sutra, naturally offer a far smaller number of analogies with it than the Smritis, still they exhibit several rules, in the Snâtaka-dharmas and otherwise, that have not been traced in any other Smriti except the work here translated. Among the Smritis again, each single one maybe seen

[1. XIX, 23, 24; XXIII, 61; XXIX, 9, 10; XXX, 47 (see Nirukta 11, 4; Vâsishtha II, 8-10); LVI, 27 see Vâsishtha XXVIII, 15); LIX, 30; LXXII, 7; LXXXVI, 16.]

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from the references to contain a number of such rules, as are only met with in this work, which is a very important fact because, if the laws of the Vishnu-sutra were found either in all other Smritis, or in one of them only, its author might be suspected of having borrowed them from one of those works. As it is, meeting with analogous passages now in one work, and then in another, one cannot but suppose that the author of this work has everywhere drawn from the same source as the other Sutrakâras, viz. from ancient traditions that were common to all Vedic schools.

   There are, moreover, a number of cases in which this work, instead of having borrowed from other works of the same class, can be shown to have been, directly or indirectly, the source from which they drew, and this fact constitutes a third reason in favour of the high antiquity of its laws. The clearest case of this kind is furnished by the Vâsishtha-smriti, with which this work has two entire chapters in common, which are not found elsewhere. I subjoin in a note the text of Vâsishtha XXVIII, 10-15, with an asterisk to those words which contain palpable mistakes (not including blunders in point of metre), for comparison with Chapter LVI of this work in the Calcutta edition, which is exceptionally correct in this chapter and in Chapter LXXXVII, which latter corresponds to Vâsishtha XXVIII, 18-22[1]. In both

[1. ###

{footnote p. xix}

###

Vishnu LVI, 15, 16, the best MSS. read ### but the Calc. ed. and one London MS. have ### like Vâsishtha. Of Vishnu LXXXVII the latter has an abridged version, which contains the faulty readings ### ('the skin of a black antelope,' Comm.) and ### (as an epithet of the earth = ### Vishnu LXXXVII, 9).]

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chapters Vishnu has mainly prose Sutras and throughout a perfectly correct text, whereas Vâsishtha has bad Slokas which, supported as they are by the Commentary or by the metre or by both, can only be accounted for by carelessness or clerical mistakes in some cases, and by a clumsy versification of the original prose version preserved in this work in others. Another chapter of the Vishnu-sutra, the forty-eighth, nowhere meets with a parallel except in the third Prasna of the Dharma-sutra of Baudhâyana, where it recurs almost word for word. An examination of the various readings in both works shows that in some of the Slokas Baudhâyana has better readings, while in one or two others the readings of Vishnu seem preferable, though the unsatisfactory condition of the MS. consulted renders it unsafe to pronounce a definitive judgment on the character of Baudhâyana's readings. At all events he has a few Vedic Mantras more than Vishnu, which however seem to be very well-known Mantras and are quoted by their Pratîkas only. But he omits the two important Sutras 9 and 10 of Vishnu, the latter of which contains a Mantra quoted at full, which, although corrupted (see Vâgas. Samh. IV, 12) and hardly intelligible, is truly Vedic in point of language; and he adds on his part a clause at the end of the whole chapter[1], which inculcates the worship of Ganesa or Siva or both, and would be quite sufficient in itself to cast a doubt on the genuineness and originality of his version. It is far from improbable that both Vâsishtha and Baudhâyana may have borrowed

[1. ###]

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the sections referred to directly from an old recension of this work, as Baudhâyana has borrowed another chapter of his work from Gautama, while Vâsishtha in his turn has borrowed the same chapter from Baudhâyana[1]. It may be added in confirmation of this view, that as far as Vâsishtha is concerned, his work is the only Smriti, as far as I know, which contains a quotation from the 'Kâthaka'(in XXIX, 18). The Dharma-sutras of Âpastamba and Gautama have nowhere a large number of consecutive Sutras in common with the Vishnu-sutra, but it is curious to note that the rule, which the latter (X, 45) quotes as the opinion of 'some' (eke), that a non-Brahmanical finder of a treasure, who announces his find to the king, shall obtain one-sixth of the value, is found in no other law-book except in this, which states (III, 61) that a Sudra shall 'divide a treasure-trove into twelve parts, two of which he may keep for himself. Of the metrical law-books, one, the Yâgshavalkya-smriti, has been shown by Professor Max Muller[2] to have borrowed the whole anatomical section (III, 84-104 including the simile of the soul which dwells in the heart like a lamp (III, 109, III, 201), from this work (XCVI, 43-96; XCVII, 9); and it has been pointed out by the same scholar, that the verse in which the author of the former work speaks of the Âranyaka and of the Yoga-sâstra as of his own works (III, 110) does not occur in the Vishnu-sutra, and must have been added by the versificator, who brought the Yâgshavalkya-smriti into its present metrical form. Several other Slokas in Yâgshavalkya's description of the human body (111, 99, 105-108), and nearly the whole section on Yoga (Y. III, 111-203, excepting those Slokas, the substance of which is found in this work and in the code of Manu, viz. 131-140, 177-182, 190, 198-201) may be traced to the same source, as may be also the omission of Vishnu's enumeration of the 'six limbs' (XCVI, 90) in the Yâgshavalkya-smriti, and probably all the minor points on which it differs from this work. Generally speaking, those

[1. See Buhler, Introduction to Gautama, pp. l-liv.

2. Hist. Anc. Sansk. Lit., p. 331.]

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passages which have been justly noticed as marking the comparatively late period in which that law-book must have been composed[1]: such as the allusions to the astrology and astronomy of the Greeks (Y. I, 80, 295), which render it necessary to refer the metrical redaction of the Yâgshavalkya-smriti to a later time than the second century A. D.; the whole passage on the worship of Ganesa and of the planets (I, 270-307), in which, moreover, a heterodox sect is mentioned, that has been identified with the Buddhists; the philosophical doctrines propounded in I, 349, 350; the injunctions regarding the foundation and endowment of monasteries (II, 185 seq.)--all these passages have no parallel in this work, while it is not overstating the case to say that nearly all the other subjects mentioned in the Yâgshavalkya-smriti are treated in a similar way, and very often in the same terms, in the Vishnu-sutra as well. Some of those rules, in which the posteriority of the Yâgshavalkya-smriti to other law-books exhibits itself, do occur in the Vishnu-sutra, but without the same marks of modern age. Thus the former has two Slokas concerning the punishment of forgery (II, 240, 241), in which coined money is referred to by the term nânaka; the Vishnu-sutra has the identical rule (V, 122, 123; cf. V, 9). but the word nânaka does not occur in it. Yâgshavalkya, in speaking of the number of wives which a member of the three higher castes may marry (I, 57), advocates the Puritan view, that no Sudra wife must be among these; this work has analogous rules (XXIV, 1-4), in which, however, such marriages are expressly allowed. The comparative priority of all those Sutras of Vishnu, to which similar Slokas of Yâgshavalkya correspond, appears probable on general grounds, which are furnished by the course of development in this as in other branches of Indian literature; and to this it may be added,

[1. See Stenzler, in the Preface to his edition of Yâgshavalkya; Jacobi, on Indian Chronology, in the Journal of the German Oriental Society, XXX, 305 seq., &c. Vishnu's rules (III, 82) concerning the wording &c. of royal grants, which agree with the rules of Yâgshavalkya and other authors, must be allowed a considerable antiquity, as the very oldest grants found in South India conform to those rules. See Burnell, South Indian Palæography, 2nd ed., p. 95.]

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as far as the civil and criminal laws are concerned, that the former enumerates them quite promiscuously, just like the other Dharma-sutras, with which he agrees besides in separating the law of inheritance from the body of the laws, whereas Yâgshavalkya enumerates all the laws in the order of the eighteen 'titles of law' of Manu and the more recent law-books, though he does not mention the titles of law by name.

   However much the Vishnu-sutra may have in common with the Yâgshavalkya-smriti, there is no other law-book with which it agrees so closely as with the code of Manu. This fact may be established by a mere glance at the references in the foot-notes to this translation, in which Manu makes his appearance far more frequently and constantly than any other author, and the case becomes the stronger, the more the nature of these analogies is inquired into. Of Slokas alone Vishnu has upwards of 160 in common with Manu, and in a far greater number of cases still his Sutras agree nearly word for word with the corresponding rules of Manu. The latter also, though he concurs in a very great number of points with the other law authors as well, agrees with none of them so thoroughly as with Vishnu. All the Smritis of Âpastamba, Baudhâyana, Vâsishtha, Yâgshavalkya, and Nârada contain, according to an approximate calculation, no more than about 130 Slokas, that are found in the code of Manu as well. The latter author and Vishnu differ of course on a great many minor points, and an exhaustive discussion of this subject would fill a treatise; I must therefore confine myself to notice some of those differences, which are particularly important for deciding the relative priority of the one work before the other. In a number of Slokas Manu's readings are decidedly older and better than Vishnu's. Thus the latter (XXX, 7) compares the three 'Atigurus' to the 'three gods,' i.e. to the post-Vedic Trimurti of 'Brahman, Vishnu, and Siva,' as the commentator expressly states, whereas Manu in an analogous Sloka (II, 230) refers to the 'three orders' instead. At the end of the section on inheritance (XVIII, 44) Vishnu mentions among other

p. xxiii

indivisible objects 'a book,' pustakam; Manu (IX, 219) has the same Sloka, but for pustakam he reads prakakshate. Now pustaka is a modern word[1], and Varâhamihira, who lived in the sixth century A. D., appears to be the first author, with a known date, by whom it is used. It occurs again, Vishnu-sutra XXIII, 56 (prokshanena ka pustakam), and here also Manu (V, 122) has a different reading (punahpâkena mrinmayam). The only difference between Vishnu-sutra XXII, 93 and Manu V, 110 consists in the use of singular forms (te, shrinu) in the former work, and of plural forms (vah, shrinuta) in the latter. Now there are a great many other Smritis besides the Manu-smriti, such as e. g. the Yâgshavalkya and Parâsara Smritis, in which the fiction is kept up, that the laws contained in them are promulgated to an assembly of Rishis; but there are very few Smritis of the least notoriety or importance besides the Vishnu-sutra, in which they are proclaimed to a single person. Other instances in which Manu's readings appear preferable to Vishnu's may be found, LI, 60 (pretya keha ka nishkritim) = Manu V, 38 (pretya ganmani ganmani); LI, 64 (iti kathashkana) = M. V, 41 (ity abravînmanuh); LI, 76 (tasya) = M.V, 53 (tayoh); LIV, 27 (brâhmanyât) = M. XI, 193 (brahmanâ); LVII, 11 (purastâd anukoditâm) = M. IV, 248; Vâsishtha XIV, 16; Âpastamba I, 6, 19, 14 (purastâd aprakoditâm); LXVII, 45 (sâyamprâtas tvatithaye) = M. III, 99 (samprâptâya tvatithaye), &c. But these instances do not prove much, as all the passages in question may have been tampered with by the Vishnuitic editor, and as in sonic other cases the version of Vishnu seems preferable. Thus 'practised by the virtuous' (sâdhubhiska nishevitam, LXXI, 90) is a very common epithet of 'âkâra,' and reads better than Manu's nibaddham sveshu karmasu (IV, 155); and krikkhrâtikrikkhram (LIV, 30) seems preferable to Baudhâyana's and Manu's krikkhrâtikrikkhrau (XI, 209). What is more important, the Vishnu-sutra does not only contain a number of verses in the ancient Trishtubh metre, whereas Manu has none, but it shows those identical three Trishtubhs of Vâsishtha and Yâska, which Dr. Buhler

[1. See Max Muller, Hist. Anc. Sansk. Lit., p. 512.]

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has proved to have been converted into Anushtubh Slokas by Manu (II, 114, 115, 144)[1]; and Manu seems to have taken the substance of his three Slokas from this work more immediately, because both he (II, 144) and Vishnu, (XXX, 47) have the reading âvrinoti for âtrinatti, which truly Vedic form is employed both by Vâsishtha and Yâska. The relative antiquity of Vishnu's prose rules, as compared to the numerous corresponding Slokas of Manu, may be proved by arguments precisely similar to those which I have adduced above in speaking of the Yâgshavalkya-smriti. As regards those points in the code of Manu, which are usually considered as marks of the comparatively late date of its composition, it will suffice to mention, that the Vishnu-sutra nowhere refers to South Indian nations such as the Dravidas and Andhras, or to the Yavanas; that it shows no distinct traces of an acquaintance with the tenets of any other school of philosophy except the Yoga and Sânkhya systems; that it does not mention female ascetics disparagingly, and in particular does not contain Manu's rule (VIII, 363) regarding the comparatively light punishment to be inflicted for violation of (Buddhist and other) female ascetics; and that it does not inveigh (see XV, 3), like Manu (IX, 64-68), against the custom of Niyoga or appointment of a widow to raise offspring to her deceased husband. It is true, on the other hand, that in many cases Vishnu's rules have a less archaic character than the corresponding precepts of Manu, not only in the Slokas, but in the Sutra part as well. Thus written documents and ordeals are barely mentioned in the code (if Manu (VIII, 114, 115, 168; IX, 232); Vishnu on the other hand, besides referring in divers places to royal grants and edicts, to written receipts and other private documents, and to books, devotes to writings (lekhya) an entire chapter, in which he makes mention of the caste of Kâyasthas, 'scribes,' and he lays down elaborate rules for the performance of five species of ordeals, to which recourse should be had, according to him, in all suits of some importance. But in nearly all such cases the antiquity of Vishnu's

[1. Introduction to Bombay Digest, I, p, xxviii seq.]

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rules is warranted to a certain extent by corresponding rules occurring in the Smritis of Yâgshavalkya and Nârada; and the evidence for the modifications and entire transformations, which the code of Manu must have undergone in a number of successive periods, is so abundant, that the archaic character of many of its rules cannot be considered to constitute a sufficient proof of the priority of the whole code before other codes which contain some rules of a comparatively modern character. To this it must be added that the Nârada-smriti, though taken as a whole it is decidedly posterior to the code of Manu[1], is designated by tradition as an epitome from another and more bulky recension of the code of Manu than the one which we now possess; and if this statement may be credited, which is indeed rather doubtful, the very particular resemblance between both works in the law of evidence and in the rules regarding property (see LVIII) can only tend to corroborate the assumption that the Vishnu-sutra and the Manu-smriti must have been closely connected from the first.

   This view is capable of further confirmation still by a different set of arguments. The so-called code of Manu is universally assumed now to be an improved metrical edition of the ancient Dharma-sutra of the (Maitrâyaniya-) Mânavas, a school studying the Black Yagur-veda; and it has been shown above that the ancient stock of the Vishnu-sutra, in which all the parts hitherto discussed may be included, represents in the main the Dharma-sutra, of the Kârâyanîya-kathas, another school studying the Black Yagur-veda. Now these two schools do not only belong both to that Veda, but to the same branch of it, as may be seen from the Kârânavyuha, which work classes both the Kathas and Kârâyanîyas on the one hand, and the Mânavas

[1. See the evidence collected in the Preface to my Institutes of Nârada (London, 1876), to which the important fact may be added that Nârada uses the word dinâra, the Roman denarius. It occurs in a large fragment discovered by Dr. Buhler of a more bulky and apparently older recension of that work than the one which I have translated; and I may be allowed to mention, incidentally, that this discovery has caused me to abandon my design of publishing the Sanskrit text of the shorter recension, as it may be hoped that the whole text of the original work will soon come to light.]

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together with the six or five other sections of the Maitrâyanîyas on the other hand, as subdivisions of the Karaka Sakhâ of the Black Yagur-veda. What is more, there exists a thorough-going parallelism between the literature of those two schools, as far as it is known. To begin with their respective Samhitâs, it has been shown by L. Schrtder[1] that the Maitrâyanî Samhitâ has more in common with the Kâthaka, the Samhitâ of the Kathas, than with any other Veda. As the Kathas are constantly named, in the Mahâbhâshya and other old works, by the side of the Kâlâpas, whereas the name of the Maitrâyanîyas does not occur in any Sanskrit work of uncontested antiquity, it has been suggested by the same scholar that the Maitrâyanîyas may be the Kâlâpas of old, and may not have assumed the former name till Buddhism began to prevail in India. However this may be, the principal Sutra works of both schools stand in a similar relation to one another as their Samhitâs. Some of those Mantras, which have been stated above to be common to the Vishnu-sutra and Kâthaka Grihya only, and to occur in no other Vedic work hitherto printed, have been traced in the Mânava Srauta-sutra, in the chapter on Pinda-pitriyagsha (I, 2 of the section on Prâksoma)[2], and the conclusion is, that if the Srauta-sutra of the Kâthaka school were still in existence, it would be found to exhibit a far greater number of analogies with the Srauta-sutra of the Mânavas. The Grihya-sutra of this school[3] agrees with the Kâthaka Grihya-sutra even more closely than the latter agrees with the Vishnu-sutra, as both works have not only several entire chapters in common (the chapter on the Vaisvadeva sacrifice among others, which is found in the Vishnu-sutra also), but concur everywhere in the arrangement of the subject-matter and in the choice of expressions and Mantras. The Brâhmana stage of Vedic literature is not represented by a separate work in either of the two schools, but a further argument in

[1. On the Maitrâyanî Samhitâ, journal of the German Oriental Society, XXXIII, 177 seq.

2. Cod. Haug 53 of the Munich Library.

3. Codd. Haug 55 and 56 of the Munich Library. For details, see my German paper above referred to.]

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favour of their alleged historical connection may be derived from their respective geographical position. If it has been rightly conjectured above, that the original seats of the Kathas were in the north-west, whence they spread themselves over Hindostân, the Maitrâyanîyas, though now surviving nowhere except in some villages 'near the Sâtpuda mountain, which is included in the Vindhyas[1].' must have been anciently their neighbours, as the territory occupied by them extended 'from the Mayura mountain into Gugarât,' and reached 'as far as the north-western country' (vâyavyadesa)[2]. Considering all this evidence regarding the original connection between the Kathas and Mânavas, it may be said without exaggeration, that it would be far more surprising to find no traces of resemblance between their respective Dharma-sutras, such as we possess them, than to find, as is actually the case, the contrary; and it may be argued, vice versâ, that the supposed connection of the two works with the Vedic schools of the Kathas and Mânavas[3], respectively, is confirmed by the kinship existing between these two schools.

   In turning now from the ancient parts of the Vishnu-sutra to its more recent ingredients, I may again begin by quoting Professor Max Muller's remarks on this work, which contain the statement, that it is 'enlarged by modern additions written in Slokas[4].' After him, Dr. Buhler pointed out[5] that the whole work appears to have been recast by an adherent of Vishnu, and that the final and introductory chapters in particular are shown by their very style to have been composed by another author than the body of the

[1. Bhâu Dâjî, journal of the Bombay Branch of the Royal Asiatic Society, X, 40.

2. See a passage from the Mahârnava, as quoted by Dr. Buhler, Introduction to Âpastamba, p. xxx seq. The same readings are found in a Munich MS. of the Karanavyuha-vyâkhyâ (cod. Haug 4.5). With the above somewhat unclear statement Manu's definition of the limits of Brahmâvarta (II, 17) may not unreasonably be compared.

3. The code of Manu has very little in common with the Mânava Grihya-sutra, both in the Mantras and otherwise. Both Vishnu and Manu agree with the Kâthaka in the use of the curious term abhinimrukta or abhinirmukta; but the same term is used by Âpastamba, Vâsishtha, and others.

4 Hist. Anc. Sansk. Lit., p. 134.

5. Introduction to Bombay Digest. p. xxii.]

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work. If the latter remark were in need of further confirmation, it might be urged that the description of Vishnu as 'the boar of the sacrifice' (yagshavarâha) in the first chapter is bodily taken from the Harivamsa (2226-2237), while most of the epithets given to Vishnu in I, 49-61 and XCVIII, 7-100 may be found in another section of the Mahâbhârata, the so-called Vishnu-sahasranâma. Along with the introductory and final chapters, all those passages generally are distinctly traceable to the activity of the Vishnuitic editor, in which Vishnu (Purusha, Bhagavat, Vâsudeva, &c.) is mentioned, or his dialogue with the goddess of the earth carried on, viz. I; V, 193; XIX, 24; XX, 16-21; XXII, 93; XXIII, 46; XXIV, 35; XLVII, 10; XLIX; LXIV, 28, 29; LXV; LXVI; LXVII, 2; XC, 3-5,17-23; XCVI, 97,98; XCVII, 7-21; XCVIII-C. The short invocation addressed to Vishnu in LXVII, 12 is proved to be ancient by its recurrence in the corresponding chapter of the Kâthaka Grihya-sutra, and Chapter LXV contains genuine Kâthaka Mantras transferred to a Vishnuitic ceremony. Chapter LXVI, on the other hand, though it does not refer to Vishnu by name, seems to be connected with the same Vishnuitic rite, and becomes further suspected by the recurrence of several of its rules in the genuine Chapter LXXIX. The contents of Chapter XCVII, in which it is attempted to reconcile some of the main tenets of the Sânkhya system, as propounded in the Sânkhya-kârikâ, Sânkhya-pravakanabhâshya, and other works, with the Vaishnava creed and with the Yoga; the fact that the two Slokas in XCVI (97, 98) and part of the Slokas in XCVII (15-21) have their parallel in similar Slokas of the Bhagavad-gîtâ and of the Bhâgavata-purâna; the terms Mahatpati, Kapila, and Sânkhyâkârya, used as epithets of Vishnu (XCVIII, 26, 85, 86); and some other passages in the Vishnuitic chapters seem to favour the supposition that the editor may have been one of those members of the Vishnuitic sect of the Bhâgavatas, who were conspicuous for their leaning towards the Sânkhya and Yoga systems of philosophy. The arrangement of the Vishnu-sutra in a hundred chapters is no doubt due to the same person, as the Commentary points out that the number

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of the epithets given to Vishnu in XCVIII is precisely equal to the number of chapters into which the laws promulgated by him are divided (II-XCVII); though the number ninety-six is received only by including the introductory and final invocations (XCVIII, 6, 101) among the epithets of Vishnu. It seems quite possible, that some chapters were inserted mainly in order to bring up the whole figure to the round number of a hundred chapters, and it is for this reason chiefly that the majority of the following additions, which show no Vishnuitic tendencies, may also be attributed to the Vishnuitic editor.

   1. Most or all of the Slokas added at the end of Chapters XX (22-53) and XLIII (32-45) cannot be genuine; the former on account of their great extent and partial recurrence in the Bhagavad-gîtâ[1], Mahâbhârata, and other works of general note, and because they refer to the self-immolation of widows and to Kâla, whom the commentator is probably right in identifying with Vishnu; the latter on account of their rather extravagant character and decidedly Purânic style, though the Gâruda-purâna, in its very long description of the hells, offers no strict parallel to the details given here. The verses in which the Brâhmanas and cows are celebrated (XIX, 22, 23; XXIII, 57-61) are also rather extravagant; however, some of them are Trishtubhs, and the verses in XIX are closely connected with the preceding Sutras. The two final Slokas in LXXXVI (19, 20) may also be suspected as to their genuineness, because they are wanting in the corresponding chapter of the Kâthaka Grihya-sutra; and a number of other verses in divers places, because they have no parallel in the Smriti literature, or because they have been traced in comparatively modern works, such as the Bhagavad-gîtâ, the Pashkatantra, &c. 2. The week of the later Romans and Greeks, and of modern Europe (LXXVIII, 1-7), the self-immolation of widows (XXV, 14; cf. XX, 39), and the Buddhists and Pâsupatas (LXIII, 36) are not mentioned in any ancient Sanskrit work. Besides, the passages in question may be easily removed, especially the Sutras referring to the seven days of the week, which

[1. Besides the passages quoted in the notes, 50-53 nearly Bhag.-gîtâ II, 22-26.]

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form clearly a subsequent addition to the enumeration of the Nakshatras and Tithis immediately following (LXXVIII, 8-50), and the rule concerning the burning of widows (XXV, 14), which is in direct opposition to the law concerning the widow's right to inherit (XVII, 4) and to other precepts regarding widows. That the three terms kâshâyin, pravragita, malina in LXIII, 36 refer to members of religious orders seems clear, but it maybe doubted whether malina denotes the Pâsupatas, and even whether kâshâyin (cf. pravragita XXXVI, 7) denotes the Buddhists, as dresses dyed with Kashâya are worn by Brahmanical sects also, and prescribed for students, and for ascetics likewise, by some of the Grihya- and Dharma-sutras. Still the antiquity of the Sutra in question can hardly be defended, because the acquaintance of the Vishnuitic editor with the Buddhistic system of faith is proved by two other Sutras (XCVIII, 40, 41), and because the whole subject of good and evil omens is not treated in any other ancient Smriti. On the other hand, such terms as vedanindâ and nâstikatâ (XXXVII, 4, 31, &c.) recur in most Smritis, and can hardly be referred to the Buddhists in particular. 3. The Tîrthas enumerated in LXXXV, some of which are sacred to Vishnu and Siva, belong to all parts of India, and many of them are situated in the Dekhan, which was certainly not included within the limits of the 'Âryâvarta' of the ancient Dharma-sutra (LXXXIV, 4). As no other Smriti contains a list of this kind, the whole chapter may be viewed as a later addition. 4. The ceremonies described in XC are not mentioned in other Smritis, while some of them are decidedly Vishnuitic, or traceable in modern works; and as all the Sutras in XC hang closely together, this entire chapter seems also to be spurious. 5. The repetitions in the list of articles forbidden to sell (LIV, 18-22); the addition of the two categories of atipâtakâni, 'crimes in the highest degree,' and prakîrntakam, 'miscellaneous crimes' (XXXIII, 3,5; XXXIV; XLII), to Manu's list of crimes; the frequent references to the Ganges river; and other such passages, which show a modem character, without being traceable in the Smritis of Yâgshavalkya and Nârada, may have been added by the Vishnuitic

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editor from modern Smritis, either for the sake of completeness, or in order to make up the required number of chapters. 6. All the passages hitherto mentioned are such as have no parallel in other ancient Smritis. But the Vishnuitic editor did evidently not confine himself to the introduction of new matter into the ancient Dharma-sutra. That he did not refrain, occasionally, from altering the original text, has been conjectured above with regard to his readings of some of those Slokas, which are found in the code of Manu as well; and it can be proved quite clearly by comparing his version of the Vrishotsarga ceremony (LXXXVI) with the analogous chapter of the Kâthaka Grihya-sutra. In one case (LI, 64; cf. XXIII, 50 = M. V, 131) he has replaced the words, which refer the authorship of the Sloka in question to Manu, by an unmeaning term. The superior antiquity of Manu's reading (V, 41) is vouched for by the recurrence of the same passage in the Grihya-sutra of Sânkhâyana (II, 16, 1) and in the Vâsishtha-smriti (IV, 6), and the reference to Manu has no doubt been removed by the Vishnuitic editor, because it would have been out of place in a speech of Vishnu. References to sayings of Manu and other teachers and direct quotations from Vedic works are more or less common in all Dharma-sutras, and their entire absence in this work is apparently due to their systematical removal by the editor. On the other hand, the lists of Vedic and other works to be studied or recited may have been enlarged in one or two cases by him or by another interpolator, namely, XXX, 37 (cf. V, 191), where the Atharva-veda is mentioned after the other Vedas by the name of 'Âtharvana' (not Atharvângirasas, as in the code of Manu and most other ancient works), and LXXXIII, 7, where Vyâkarana, 'Grammar,' i. e. according to the Commentary the grammars of Pânini and others, is mentioned as distinct from the Vedângas. The antiquity of the former passage might indeed be defended by the example of Âpastamba, who, though referring like this work to the 'three Vedas' both separately and collectively, mentions in another place the 'Âtharvana-veda[1].' Besides the above works,

[1. See Buhler, Introduction to Âpastamba, p. xxiv.]

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and those referred to in LVI, the laws of Vishnu name no other work except the Purânas, Itihâsas, and Dharmasâstras. 7. As the Vishnuitic editor did not scruple to alter the import of a certain number of passages, the modernisation of the language of the whole work, which was probably as rich in archaic forms and curious old terms as the Kâthaka Grihya-sutra and as the Dharma-sutra of Âpastamba, may be likewise attributed to him. As it is, the Vishnu-sutra agrees in style and expressions more closely with the Smritis of Manu and Yâgshavalkya than with any other work, and it is at least not inferior to the former work in the preservation of archaic forms. Thus the code of Manu has seven aorist forms[1], while the Vishnu-sutra contains six, not including those occurring in Vedic Mantras which are quoted by their Pratîkas only. Of new words and meanings of words the Vishnu-sutra contains also a certain number; they have lately been communicated by me to Dr. von Bthtlingk for, insertion in his new Dictionary.

   All the points noticed render it necessary to assign a comparatively recent date to the Vishnuitic editor; and if the introduction of the week of the Greeks into the ancient Dharma-sutra has been justly attributed to him, he cannot be placed earlier than the third or fourth century A. D.[2] The lower limit must be put before the eleventh century, in which the Vishnu-sutra is quoted in the Mitâksharâ of Vigshânesvara, From that time downwards it is quoted in nearly every law digest, and a particularly large number of quotations occurs in Aparârka's Commentary, on Yâgshavalkya, which was composed in the twelfth century[3]. Nearly all those quotations, as far as they have been examined, are actually found in the Vishnu-sutra; but the whole text is vouched for only by Nandapandita's Commentary, called Vaigayantî, which was composed in the

[1. Whitney. Indische Grammatik, § 826.

2. See Jacobi, journal of the German Oriental Society. XXX, 306. The first author with a known date who shows an acquaintance with the week of the Greeks, is Varâhamihira (sixth century A, D.)

3. See Buhler, Kasmîr Report. p. 52. The MSS. used are from the Dekhan College, Puna.]

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first quarter of the seventeenth century. The subscriptions in the London MSS. of the Vaigayantî contain the statement, which is borne out by the Introduction, that it was composed by Nandapandita, the son of Râmapandita, Dharmâdhikârin, an inhabitant of Benares, at the instigation of the Mahârâga Kesavanâyaka, also called Tammasânâyaka, the son of Kodapanâyaka; and a passage added at the end of the work states, more accurately, that 'Nandasarman (Nandapandita) wrote it at Kâsî (Benares) in the year 1679 of the era of Vikrâmabhâsvara (= A. D. 1622), by Command of Kesavanâyaka, his own king. These statements regarding the time and place of the composition of the Vaigayantî are corroborated by the fact that it refers in several cases to the opinions of Haradatta, who appears to have lived in the sixteenth century[1], while Nandapandita is not among the numerous authors quoted in the Vîramitrodaya of Mitramisra, who lived in the beginning of the seventeenth century[2], and who was consequently a contemporary of Nandapandita, if the above statement is correct; and that he attacks in a number of cases the views of the 'Eastern Commentators' (Prâkyas), and quotes a term from the dialect of Madhyadesa.

   The subjoined translation is based upon the text handed down by Nandapandita nearly everywhere except in some of the Mantras, which have been rendered according to the better readings preserved in the Kâthaka Grihya-sutra. The two Calcutta editions of the Vishnu-sutra, the second of which is a mere reprint of the first, will be found to agree in the main with the text here translated. They are doubtless based upon the Vaigayantî, as they contain several passages in which portions of Nandapandita's Commentary have crept into the text of the Sutras. But the MS. used for the first Calcutta edition must have been a very faulty one, as both Calcutta editions, besides differing from the best MSS. of the Vaigayantî on a very great number of minor points, entirely omit the greater part of Chapter LXXXI

[1. Buhler, Introduction to Âpastamba, p. xliii.

2. Buhler loc. cit.]

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(3-22), the genuineness of which is proved by analogous passages in the other Smritis[1]. An excellent copy of the Vaigayantî in possession of Dr. Buhler has, together with three London MSS. of that work and one London MS. containing the text only, enabled me to establish quite positively nearly in every case the readings sanctioned by Nandapandita. I had hoped to publish a new edition of the text prepared from those MSS., and long ready for the press, before publishing my English version. This expectation has not been fulfilled, but it is hoped that in the mean time this attempt at a translation will be welcome to the students of Indian antiquity, and will facilitate the understanding of the text printed in Givânanda Vidyâsâgara's cheap edition, which is probably in the hands of most Sanskrit scholars. The precise nature of the relation in which the text of my forthcoming edition stands to the Calcutta editions may be gathered from the large specimens of the text as given in the best MSS., that have been edited by Dr. Buhler in the Bombay Digest, and by myself in two papers published in the Transactions of the Royal Bavarian Academy of Science.

   Nandapandita has composed, besides the Vaigayantî, a treatise on the law of adoption, called Dattaka-mîmâmsâ[2], a commentary on the code of Parâsara, a work called Vidvanmanoharâ-smritisindhu, one called Srâddhakalpa-latâ, and commentaries on the Mitâksharâ and on Adityâkârya's Âsaukanirnaya. All these works belong to the province of Hindu law, and both his fertility as a writer in that branch of Indian science, and the reputation enjoyed by some of his works even nowadays, must raise a strong presumption in favour of his knowledge of the subject. The

[1. The first edition of the 'Vaishnava Dharmasâstra' was published in Bengali type by Bhavânîkârana; the second, in Devanâgarî type, is contained in Givânanda Vidyâsâgara's Dharmashâstrasangraha (1816).

2. This work has been published repeatedly at Calcutta and Madras, and translated into English by Sutherland (1821), which translation has been reprinted in Stokes' Hindu Law Books. The rest of the above list is made up from an enumeration of Nandapandita's Tikâs at the end of Dr. Buhler's copy of the Vaigayantî, from an occasional remark in the latter work itself (XV, 9), and from professor Weber's Catalogue of the Berlin Sanskrit MSS.]

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general trustworthiness of his Commentary on the Vishnu-sutra is further confirmed by the frequent references which it contains to the opinions of earlier commentators of that work; and the wide extent of his reading, though he often makes an unnecessary display of it, has been eminently serviceable to him in tracing the connection of certain chapters and Mantras with the Kâthaka literature[1]. On the other hand, his very learning, combined with a strict adherence to the well-known theory of Hindu commentators regarding the absolute identity between the teaching of all Smritis, has frequently misled him into a too extensive method of interpretation. Even in commenting the Slokas he assigns in many cases an important hidden meaning to such particles as ka, vâ, tathâ, and others, and to unpretending epithets and the like, which have clearly been added for metrical reasons only[2]. This practice, besides being contrary to common sense, is nowhere countenanced by the authority of Kulluka, in his remarks on the numerous identical Slokas found in. the code of Manu. With the Sutras generally speaking the case is different: many of them would be nearly or quite unintelligible without the explanatory remarks added, in brackets from Nandapandita's Commentary[3], and in a number of those cases even, where his method jars upon a European mind, the clauses supplied by him are probably correct[4]. The same may be said of his interpretations of the epithets of Vishnu, excepting those which are based on utterly fanciful etymologies[5],

[1. See the notes on LXV, 2 seq.; LXXIII, 5-9; LXXXVI, 13. In his Commentary on LXVII also Nandapandita states expressly that the description of the Vaisvadeva is according to the rites of the Katha-sâkhâ.

2. For instances, see the notes on XX, 45; LXIV, 40.

3. See e. g. Chapter V passim.

4. Thus nearly all the 'intentionally's' and 'unintentionally's,' &c., as supplied in the section on penances might seem superfluous, or even wrong; but as in several places involuntary crimes are expressly distinguished from those intentionally committed (see e. g. XXVIII, 48, 51; XXXVIII, 7), and as in other cases a clause of this kind must needs be supplied (see XXXIX, 2; LII, 3; LIII, 5, &c.), Nandapandita is probably right in supplying it from other Smritis in most remaining cases as well. This method has occasionally carried him too far, when his explanations have not been given in the text.

5. See I, 51, 55; XCVIII, 40, 41, 46, &c.]

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as the style of the introductory and final chapters is as artificial, though in another way, as the Sutra style. Though, however, in works composed in the latter style, every ka, vâ, or iti, &c., which is not absolutely required by the sense, was probably intended by their authors to convey a special meaning[1], it is a question of evidence in every single case, whether those meanings which Nandapandita assigns to these and other such particles and expletive words are the correct ones. In several cases of this or of a similar kind he is palpably wrong[2], and in many others the interpretations proposed by him are at least improbable, because the authoritative passages he quotes in support of them are taken from modern works, which cannot have been known to the author of the Vishnu-sutra. Interpretations of this class have, therefore, been given in the notes only; and they have been omitted altogether in a number of cases where they appeared quite frivolous, or became too numerous, or could not be deciphered completely, owing to clerical mistakes in the MSS. But though it is impossible to agree with some of his general principles of interpretation, or with his application of them, Nandapandita's interpretations of difficult terms and Sutras are invaluable, and I have never deviated from them in my translation without strong reasons to the contrary, which have in most cases been stated in the notes[3]. Besides the extracts given in the notes, a few other passages from the Commentary and several other additions will be given in p. 312; and I must apologize to my readers for having to note along with the Addenda a number of Corrigenda, which will be found in the same page. In compiling the Index of Sanskrit words occurring in this work, which it has been thought necessary to add to the General Index, I have not aimed at completeness except as regards

[1. For instances of this in the Dharma-sutras of Âpastamba and Gautama. see Buhler, Âpast. I, 2, 7, 24; 8, 5; Gaut. V, 5, 14, 17; IX, 44; XIV, 45; XIX, 13-15, 20; XXI, 9, &c.; and see also Dr. Buhler's remarks on Gshâpaka-sutras, Âpast. I, 3, II, 7; Gaut. I, 31, notes.

2. See V, 117; VII, 7; XXVII, 10; LI, 26; LXXI, 88; LXXIII, 9; LXXIV, 1, 2, 7, &c.

3. See e. g. XVII, 22; XVIII, 44; XXIV, 40; XXVIII, 5, II; LV, 20; LIX, 27, 29; LXIII, 36; LXIV, 18; LXVII, 6-8; XCII, 4; XCVII, 7.]

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the names of deities and of penances. My forthcoming edition of the Sanskrit text will be accompanied by a full Index of words.

   In conclusion I have to express my thanks in the most cordial manner to Dr. Buhler, who has constantly assisted me with his advice in the preparing of this translation, and has kindly lent me his excellent copy of the Vaigayantî; and to Dr. von Bthtlingk and Professor Max Muller, who have favoured me with valuable hints on divers points connected with this work. My acknowledgments are due, in the second place, to K. M, Chatfield, Esq., Director of Public Instruction, Bombay, to Dr. von Halm, Chief Librarian of the Royal Library, Munich, to Professor R. Lepsius, Chief Librarian of the Royal Library, of Berlin, and to Dr. R. Rost, Chief Librarian of the India office Library, London, for the valuable aid received from these gentlemen and the great liberality, with which they have placed Sanskrit MSS. under their care at my disposal.

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Vishnu-smriti

I.

1. THE night of Brahman being over, and the God sprung from the lotus (Brahman) having woke from his slumber, Vishnu purposing to create living beings, and perceiving the earth covered with water,

2. Assumed the shape of a boar, delighting to sport in water, as at the beginning of each former Kalpa, and raised up the earth (from the water).

3. His feet were the Vedas; his tusks the sacrificial stakes; in his teeth were the offerings; his mouth was the pyre; his tongue was the fire; his hair was the sacrificial grass; the sacred texts were his head; and he was (endowed with the miraculous power of) a great ascetic.

4. His eyes were day and night; he was of superhuman nature; his ears were the two bundles of Kusa grass (for the Ishtis, or smaller sacrifices, and for the animal offerings); his ear-rings were the ends of those bundles of Kusa grass (used for wiping

[I. 1. Regarding the duration of a night of Brahman, see XX, 14. 'Bhutâni' means living beings of all the four kinds, born from the womb and the rest. (Nand.) The three other kinds consist of those produced from an egg, from sweat, and from a shoot or germ; see Manu I, 43-46.

2. A Kalpa = a day of Brahman; see XX, 13.]

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the ladle and other sacrificial implements); his nose (the vessel containing) the clarified butter; his snout was the ladle of oblations; his voice was similar in sound to the chanting of the Sâma-veda; and he was of huge size.

5. He was full of piety and veracity; beautiful; his strides and his strength were immense (like those of Vishnu); his large nostrils were penances; his knees the victim; and his figure colossal.

6. His entrails were the (three) chanters of the Sama-veda[1]; his member was the burnt-oblation; his scrotum was the sacrificial seeds and grains; his mind was the altar (in the hut for the wives and domestic uses of the sacrificer); the hindparts (of Vishnu) in his transformation were the Mantras; his blood was the Soma juice.

7. His shoulders were the (great) altar; his smell was that of the (sacrificial cake and other) oblations; his speed was the oblations to the gods and to the manes and other oblations; his body was the hut for the wives and domestic uses of the sacrificer; he was majestic; and instructed with the initiatory ceremonies for manifold sacrifices (lasting one, or two, three, or twelve years, and others).

8. His heart was the sacrificial fee; he was possessed of the (sacrificial and other) great Mantras employed in order to effect the union of the mind with the Supreme; he was of enormous size (like the long sacrifices lasting more than one day); his lovely, lips were the beginnings of the two

[6. 1. This is because the vital breaths, by which the sound of the voice is effected, pass through them, it having been said (in 4) that the sound of his voice was like the chanting of the Sâma-veda.' (Nand.)]

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hymns recited at the beginning of the animal sacrifice; his ornaments were the whirlpool of the milk poured into the heated vessel (at the Pravargya ceremony introductory to the Soma-sacrifice).

9. All sorts of sacred texts (the Gâyatrî and others) were his path in marching; the mysterious Upanishads (the Vedânta) were his couch; he was accompanied by his consort Khâyâ (Lakshmî); he was in size like the Manishringa mountain.

10. The lord, the creator, the great Yogin, plunging into the one ocean from love of the world,

11. Raised up, with the edge of his tusks, the earth bounded by the sea together with its mountains, forests, and groves, which was immersed in the water of (the seven oceans now become) one ocean, and created the universe anew.

12. Thus the whole earth, after having sunk into (the lower region called) Rasâtala, was in the first place raised in the boar-incarnation by Vishnu, who took compassion upon the living beings.

13, 14. Then, after having raised the earth, the destroyer of Madhu placed and fixed it upon its own (former) seat (upon the oceans) and distributed the waters upon it according to their own (former) station, conducting the floods of the oceans into the oceans, the water of the rivers into the rivers, the water of the tanks into the tanks, and the water of the lakes into the lakes.

15. He created the seven (lower regions called) Pâtâlas[1] and the seven worlds, the seven Dvîpas

[15. 1 The seven Pâtâlas are, Atala, Vitala, Sutala, Mahâtala, Rasâtala, Talâtala, and Pâtâla; the seven worlds are, Bhur-loka, Bhuvar-loka, Svar-loka, Mahar-loka, Ganar-loka, Tapar-loka, and Satya-loka; the seven Dvîpas or divisions of the terrestrial world, are, Gambu, Plaksha, Sâlmalî, Kusa, Kraushka, Sâka, and Pushkara; each Dvipa is encircled by one of the seven oceans, viz. the seas of Lavana (salt-water), Ikshu (syrup), Sarpih (butter), Dadhi (sour milk), Dugdha (milk), Svâdhu (treacle), and Udaka (water), (Nand.) The enumerations contained in the Vishnu-purâna and other works differ on two or three points only from that given by Nand.--

2 Besides the interpretation followed in the text, Nand. proposes a second explanation of the term 'sthânâni,' as denoting Bhâratavarsha (India) and the other eight plains situated between the principal mountains.]

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and the seven oceans, and fixed their several limits[2].

16. (He created) the rulers of the (seven) Dvîpas and the (eight) guardians of the world (Indra and the rest), the rivers, mountains, and trees, the seven Rishis, who know (and practise) the law, the Vedas together with their Angas, the Suras, and the Asuras.

17. (He created) Pisâkas (ogres), Uragas (serpents), Gandharvas (celestial singers), Yakshas (keepers of Kubera's treasures), Rakshasas (goblins), and men, cattle, birds, deer and other animals, (in short) all the four kinds of living beings[1], and clouds, rainbows, lightnings, and other celestial phenomena or bodies (such as the planets and the asterisms), and all kinds of sacrifices.

18. Bhagavat, after having thus created, in the

[16. The eight 'guardians of the world' (Lokapâlas) are, Indra, Agni, Yama, Surya, Varuna, Pavana, Kubera, and Soma (M.V, 96). The seven Rishis, according to the Satapatha-brâhmana, are, Gotama, Bharadvâga, Visvâmitra, Gamadagni, Vasishtha, Kasyapa, and Atri. The six Vedângas are, Sikshâ (pronunciation), Khandas (metre), Vyâkarana (grammar), Nirukta (etymology), Kalpa (ceremonial), and Gyotisha (astronomy). See Max Muller, Ancient Sanskrit Literature, p. 108, &c.

17. 1 See I.]

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shape of a boar, this world together with all animate and inanimate things in it, went away into a place hidden from the world.

19. Ganârdana, the chief of the gods, having become invisible, the goddess of the earth began to consider, 'How shall I be able to sustain myself (henceforth)?'

20. 'I will go to Kasyapa to ask: he will tell me the truth. The great Muni has my welfare under constant consideration.'

21. Having thus decided upon her course, the goddess, assuming the shape of a woman, went to see Kasyapa, and Kasyapa saw her.

22. Her eyes were similar, to the leaves of the blue lotus (of which the bow of Kâma, the god of love, is made); her face was radiant like the moon in the autumn season; her locks were as dark as a swarm of black bees; she was radiant; her lip was (red) like the Bandhugîva flower; and she was lovely to behold.

23. Her eyebrows were fine; her teeth exceedingly small; her nose handsome; her brows bent; her neck shaped like a shell; her thighs were constantly touching each other; and they were fleshy thighs, which adorned her loins.

24. Her breasts were shining white, firm[1], plump, very close to each other, (decorated with continuous strings of pearls) like the projections on the forehead of Indra's elephant, and radiant like the gold (of the two golden jars used at the consecration of a king).

[24 1 Or 'equal in size,' according to the second of the two explanations which Nand. proposes of the term 'samau.']

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25. Her arms were as delicate as lotus fibres; her hands were similar to young shoots; her thighs were resplendent like golden pillars; and her knees were hidden (under the flesh), and closely touching each other.

26. Her legs were smooth and exquisitely proportioned; her feet exceedingly graceful; her loins fleshy; and her waist like that of a lion's cub.

27. Her reddish nails shone (like rubies); her beauty was the delight of every looker-on; and with her glances she filled at every step all the quarters of the sky as it were with lotus-flowers.

28. Radiant with divine lustre, she illuminated all the quarters of the sky with it; her clothing was most exquisite and perfectly white; and she was decorated with the most precious gems.

29. With her steps she covered the earth as it were with lotuses; she was endowed with beauty and youthful charms; and made her approach with modest bearing.

30. Having seen her come near, Kasyapa saluted her reverentially, and said, 'O handsome lady, O earth, radiant with divine lustre, I am acquainted with thy thoughts.

31. 'Go to visit Ganârdana, O large-eyed lady; he will tell thee accurately, how thou shalt henceforth sustain thyself.

32. For thy sake, O (goddess), whose face is lovely and whose limbs are beautiful, I have found out, by profound meditation, that his residence is in the Kshîroda (milk-ocean).'

33. The goddess of the earth answered, 'Yes, (I shall do as you bid me),saluted Kasyapa reverentially,

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and proceeded to the Kshîroda sea, in order to see Kesava (Vishnu).

34. She beheld (then) the ocean, from which the Amrita arose. It was lovely, like the rays of the moon, and agitated by hundreds of waves produced by stormy blasts of wind.

35. (With its waves) towering like a hundred Himâlayas it seemed another terrestrial globe, calling near as it were the earth with its hands; the rolling waves.

36. With those hands it was as it were constantly producing the radiancy of the moon; and every stain of guilt was removed from it by Hari's (Vishnu's) residence within its limits.

37. Because (it was entirely free from sin) therefore it was possessed of a pure and shining frame; its colour was white; it was inaccessible to birds and its seat was in the lower regions.

38. It was rich in blue and tawny gems (sapphires, coral, and others), and looking therefore as if the atmosphere had descended upon the earth, and as if a number of forests adorned with a multitude of fruits had descended upon its surface.

39. Its size was immense, like that of the skin of (Vishnu's) serpent Sesha. After having seen the milk-ocean, the goddess of the earth beheld the dwelling of Kesava (Vishnu) which was in it:

40. (His dwelling), the size of which cannot be expressed in words, and, the sublimity of which is also beyond the power of utterance. In it she saw the destroyer of Madhu seated upon Sesha.

41. The lotus of his face was hardly visible on

[37. See 15, note.]

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account of the lustre of the gems decorating the neck of the snake Sesha; he was shining like a hundred moons; and his splendour was equal to the rays of a myriad of suns.

42. He was clad in a yellow robe (radiant like gold); imperturbable; decorated with all kinds of gems; and shining with the lustre of a diadem resembling the sun in colour, and with (splendid) ear-rings.

43. Lakshmî was stroking his feet with her soft palms; and his attributes (the shell, the discus, the mace, and the lotus-flower) wearing bodies were attending upon him on all sides.

44. Having espied the lotus-eyed slayer of Madhu, she knelt down upon the ground and addressed him as follows:

45. 'When formerly I was sunk into the region of Rasâtala, I was raised by thee, O God, and restored to my ancient seat, O Vishnu, thanks to thy benevolence towards living beings.

46. 'Being there, how am I to maintain myself upon it, O lord of the gods?' Having been thus addressed by the goddess, the god enunciated the following answer:

47. 'Those who practise the duties ordained for each caste and for each order, and who act up strictly to the holy law, will sustain thee, O earth; to them is thy care committed.'

48. Having received this answer, the goddess of the earth said to the chief of the gods, 'Communicate to me the eternal laws of the castes and of the orders.

[47. Regarding the four castes and the four orders, see II, 1; III, 3.]

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49. I desire to learn them from thee; for thou art my chief stay. Adoration be to thee, O brilliant[1] chief of the gods, who annihilatest the power of the (Daityas and other) enemies of the gods.

50. 'O Nârâyana (son of Nara), O Gagannâtha (sovereign of the world); thou holdest the shell, the discus, and the mace (in thy hands); thou hast a lotus (Brahman) springing from thy navel; thou art the lord of the senses; thou art Most powerful and endowed with conquering strength.

51. 'Thou art beyond the cognisance of the senses; thy end is most difficult to know; thou art brilliant; thou holdest the bow Sârnga; thou art the boar[1]; thou art terrible; thou art Govinda[2] (the herdsman); thou art of old; thou art Purushottama (the spirit supreme).

52. 'Thy hair is golden; thy eyes are everywhere; thy body is the sacrifice; thou art free from stain; thou art the "field." (the corporeal frame); thou art the principle of life; thou art the ruler

[49. 1 This is Nand.'s interpretation of the term 'deva,' but it may also be taken in its usual acceptation of 'god.'

51. 1 This is the third of the three interpretations of the term varâha, which Nand. proposes. According to the first, it would mean 'one who kills his worst or most prominent foes;' according to the second, 'one who gratifies his own desires.' But these two interpretations are based upon a fanciful derivation of varâha from vara and â-han. Of many others among the epithets Nand. proposes equally fanciful etymologies, which I shall pass over unnoticed.--

2 This epithet, which literally means 'he who finds or wins cows,' is usually referred to Vishnu's recovering the 'cow,' i.e. the earth, when it was lost in the waters: see Mahâbh. XII, 13228, which verse is quoted both by Nand. and by Sankara in his Commentary on the Vishnu-sahasranâma. It originally refers, no doubt, to Vishnu or Krishna as the pastoral god.]

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of the world; thou art lying on the bed of the ocean.

53. 'Thou art Mantra (prayer); thou knowest the Mantras; thou surpassest all conception; thy frame is composed of the Vedas and Vedângas; the creation and destruction of this whole world is effected through thee.

54. 'Thou knowest right and wrong; thy body is law; law springs from thee; desires are gratified by thee: thy powers are everywhere; thou art (imperishable like) Amrita (ambrosia); thou art heaven; thou art the destroyer of Madhu and Kaitasa.

55. 'Thou causest the increase of the great thou art inscrutable; thou art all thou givest shelter to all; thou art the chief one thou art free from sin; thou art Gîmuta; thou art inexhaustible; thou art the creator.

56. 'Thou increasest the welfare (of the world), the waters spring from thee; thou art the seat of intelligence; action is not found in thee; thou presidest over seven chief things[1]; thou art the teacher of religious rites; thou art of old; thou art Purushottama.

57, 'Thou art not to be shaken; thou art undecaying;

[55. 'The great (brihat) means time, space, and the like. . . . He is called "all" because he is capable of assuming any shape.' (Nand.) The sense of the term 'gimuta,' as an epithet of divine beings, is uncertain. According to Nand., it would mean 'he who sprinkles living beings;' but this interpretation is based upon a fanciful derivation, from gîva and mutrayati.

56. 1 This refers either to the seven divisions of a Sâman; or to the seven species, of which each of the three kinds of sacrifices, domestic offerings, burnt-offerings, and Soma-sacrifices, consists (cf. Gaut. VIII, 18-20); or to the seven worlds (see 15, note), Bhur and the rest. (Nand.)]

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thou art the producer of the atoms; thou art kind to faithful attendants; thou art the purifier (of sinners); thou art the protector of all the gods thou art the protector of the pious.

58. 'Thou art also the protector of those who know the Veda, O Purushottama. I have come, O Gagannâtha, to the immovable Vâkaspati (the lord of holy speech), the lord;

59. 'To him, who is very pious; invincible; Vasushena (who has treasures for his armies); who bestows largesses upon his followers, who is endowed with the power of intense devotion; who is the germ of the ether; from whom the rays (of the sun and moon) proceed;

60. 'To Vâsudeva; the great soul of the universe; whose eyes are like lotuses; who is eternal; the preceptor of the Suras and of the Asuras; brilliant; omnipresent; the great lord of all creatures;

61. 'Who has one body and four faces; who is the producer of (the five grosser elements, ether, air, fire, water, and earth), the producers of the world. Teach me concisely, O Bhagavat, the eternal laws ordained for the aggregate of the four castes,

62. 'Together with the customs to be observed by each order and with the secret ordinances.' The chief of the gods, thus addressed by the goddess of the earth, replied to her as follows:

[62. According to Nand., the term rahasya, 'secret ordinances or doctrines,' has to be referred either to the laws regarding the occupations lawful for each caste in times of distress see II, 15), or to the penances (XLVI seq.) The latter interpretation seems to be the more plausible one, with the limitation, however, that rahasya is only used to denote the penances for secret faults, which are termed rahasya in LV, 1.]

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63. Learn from me, in a concise form, O radiant goddess of the earth, the eternal laws for the aggregate of the four castes, together with the customs to be observed by each order, and with the secret ordinances,

64. 'Which will effect the final liberation of the virtuous persons, who will support thee. Be seated upon this splendid golden seat, O handsome-thighed goddess.

65. 'Seated at ease, listen to me proclaiming the sacred laws.' The goddess of the earth, thereupon, seated at case, listened to the sacred precepts as, they came from the mouth of Vishnu.

 

 

         

 

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II.

1. Brâhmanas, Kshatriyas, Vaisyas, and Sudras are the four castes.

2. The first three of these are (called) twice-born.

3. For them the whole number of ceremonies, which begin with the impregnation and end with the ceremony of burning the dead body, have to be performed with (the recitation of) Mantras.

4. Their duties are.

5. For a Brâhmana, to teach (the Veda);

6. For a Kshatriya, constant practice in arms;

7. For a Vaisya, the tending of cattle;

8. For a Sudra, to serve the twice-born;

[II. 1. Âpast. I, 1, 1, 3.--1, 2. M. X, 4; Y. I, 10,--3. M. II, 26; Y. I, 10.--4-9. M. I, 88-91; VIII, 410; IX, 326-335; X, 75-79; X. I, 118-120; Âpast. I, 1, 1, 5, 6; II, 5, 10, 4-7; Gaut. X, 2, 7, 49, 56.-15. M. X. 81; Y. III, 35; Gaut. VII, 6.--16, 17. Gaut. VIII, 23; X, 51. 'This chapter treats of the four castes.' (Nand.)]

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9. For all the twice-born, to sacrifice and to study (the Veda).

10. Again, their modes of livelihood are:

11. For a Brâhmana, to sacrifice for others and to receive alms;

12. For a Kshatriya, to protect the world (and receive due reward, in form of taxes);

13. For a Vaisya, tillage, keeping cows (and other cattle), traffic, lending money upon interest, and growing seeds;

14. For a Sudra, all branches of art (such as painting and the other fine arts);

15. In times of distress, each caste may follow the occupation of that next (below) to it in rank.

16. Forbearance, veracity, restraint, purity, liberality, self-control, not to kill (any living obedience towards one's Gurus, visiting places of pilgrimage, sympathy (with the afflicted),

17. Straightforwardness, freedom from covetousness, reverence towards gods and Brâhmanas, and freedom from anger are duties common (to all castes).

 

 

         

 

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III.

1. Now the duties of a king, are:

2. To protect his people,

[14. According to Nand., the use of the term sarva, 'all,' implies that Sudras may also follow the occupations of a Vaisya, tillage and the rest, as ordained by Devala.

16. The term Guru, 'superior,' generally denotes the parents and the teacher, or Guru in the narrower sense of the term; see XXXI, 1, 2. It may also include all those who are one's elders or betters see XXXII, 1-3.

III. 2, 3. M. VII, 35, 144; Gaut. X, 7; XI, 9.--4, 5. M. VII, 69; Y. I, 320.--6. M. VII, 70; Y. I, 320; Âpast. II, 10, 25, 2.--{footnote p. 14} 7-10. M. VII, 115; Âpast. II, 10, 26, 4, 5.--11-15. M. VII, 116, 117--16-21. M. VII, 61, 62; Y. I, 321.--22-25. M. VII, 130-132; Y. I, 327; Âpast. II, 10, 26, 9; Gaut. X, 24, 25.--26. M. VII, 133; Âpast. II, 10, 26, 10.--28. M. VIII, 304; Y. I, 334; Gaut. XI, 11.--29, 30. M. VII, 128; VIII, 398; Y. II, 161; Gaut. X, 26.--31. M. VIII, 400; Y. II, 262.--32. M. VII, 138; Gaut. X, 31-33.--33. M. IX, 294; Y. I, 352-35. M. VII, 122, 184; Y. I, 331, 337.--36, 37. Y. I, 337.--38-41. M. VII, 158-161, 182, 183; Y. I, 344-347.--42. M. VII, 203; Y. I, 342-43. M. VII, 215.--44. M. VII, 88.--45. M. VII, 89; Y. I, 324; Âpast. II, 20, 26, 2, 3.--47. M. VII, 202.--50-52. M. VII, 50, 51.--55. M. VII, 62; VIII, 39--56-58. M. VIII, 37, 38; Y. II, 34; Gaut. X, 43, 44.--61. Gaut. X, 45.--62. Y. II, 35--63. M. VIII, 35.--64. M. VIII, 36.--65. M. VIII, 27, 28; Gaut. X, 48.--66, 67. M. VIII, 40; Y. II, 36; Âpast. II, 10, 26, 8; Gaut. X, 46, 47.--68. Gaut. X, 17.--70. M. VII, 78; Y. I, 312; Gaut. XI, 12.--71. M. VII, 54, 60; Y. I, 311.--72. M. VIII, 1; Y. II, 1.--73. M. VIII, 9; Y. II, 3; Gaut. XIII, 96.--74. M. VIII, 12-19; Y. II, 2; Âpast. II, 11, 29, 5.--75. Gaut. XI, 15.--76, 77. M. VII, 38.--79, 80. M. VIII 134; Y. I, 338; Âpast. II, 10, 25, 11; Gaut. X, 9, 10.--81. Âpast. II, 10, 26, 1.--81, 82. Y. I, 317-319.--84. M. VII, 82; Y. I, 314.--85. M. VII, 220.--87, 88. M. VII, 217, 218.--89. M. VII, 146.--91, 92. M. VII, 16; VIII, 126; Y. I, 367; Gaut. X, 8.--94. M. VIII, 335; Y. I, 357; Âpast. II, 11, 28, 13.--95. M. VII, 25.--96. M. VII, 32; Y. I. 333---97. M. VII, 33. Chapters III-XVIII contain the section on vyavahâra, 'jurisprudence.' (Nand.)]

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3. And to keep the four castes and the four orders[1] in the practice of their several duties.

4. Let the king fix his abode in a district containing open plains, fit for cattle, and abounding in grain;

5. And inhabited by many Vaisyas and Sudras.

6. There let him reside in a stronghold (the strength of which consists) either in (its being surrounded by) a desert, or in (a throng of) armed

[3. 1 Of student, householder, hermit, and ascetic.

5. 'And there should be many virtuous men in it, as stated by Manu, VII, 69.' (Nand.)]

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men, or in fortifications (of stone, brick, or others), or in water (enclosing it on all sides), or in trees, or in mountains (sheltering it against a foreign invasion).

7. (While he resides) there, let him appoint chiefs (or governors) in every village;

8. Also, lords of every ten villages;

9. And lords of every hundred villages;

10. And lords of a whole district.

11. If any offence has been committed in a village, let the lord of that village suppress the evil (and give redress to those that have been wronged).

12. If he is unable to do so, let him announce it to the lord of ten villages;

13. If he too is unable, let him announce it to the lord of a hundred villages;

14. If he too is unable, let him announce it to the lord of the whole district.

15. The lord of the whole district must eradicate the evil to the best of his power.

16. Let the king appoint able officials for the working of his mines, for the levying of taxes and of the fares to be paid at ferries, and for his elephants and forests.

17. (Let him appoint) pious persons for performing acts of piety (such as bestowing gifts on the indigent, and the like);

18. Skilled men for financial business (such as examining gold and other precious metals);

[11. See 67 and Dr. Buhler's note on Âpast. II, 10, 26, 8.

16. The term nâgavana, which has been translated as a Dvandva compound, denoting elephants and forests, may also be taken to mean 'forests in which there are elephants;' or nâga may mean 'situated in the mountains' or I a mountain fort.' (Nand.)

18. Or, 'he must appoint men skilled in logic as his advisers in knotty points of argument.' (Nand.)]

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19. Brave men for fighting;

20. Stern men for acts of rigour (such as beating and killing);

21. Eunuchs for his wives (as their guardians).

22. He must take from his subjects as taxes a sixth part every year of the grain;

23. And (a sixth part) of all (other) seeds;

24. Two in the hundred, of cattle, gold, and clothes;

25. A sixth part of flesh, honey, clarified butter, herbs, perfumes, flowers, roots, fruits, liquids and condiments, wood, leaves (of the Palmyra, tree and others), skins, earthen pots, stone vessels, and anything made of split bamboo.

26. Let him not levy any tax upon Brâhmanas.

27. For they pay taxes to him in the shape of their pious acts.

28. A sixth part both of the virtuous deeds and of the iniquitous acts committed by his subjects goes to the king.

29. Let him take a tenth part of (the price of) marketable commodities (sold) in his own country;

30. And a twentieth part of (the price of) goods (sold) in another country.

31. Any (seller or buyer) who (fraudulently) avoids a toll-house (situated on his road), shall lose all his goods.

[23. This rule relates to Syâmâka grain and other sorts of grain produced in the rainy season. (Nand.)

25. 'Haradatta says that "a sixth part" means "a sixtieth part." But this is wrong, as shown by M. VII, 131.' (Nand.) Haradatta's false interpretation was most likely called forth by Gaut. X, 2 7.]

p. 17

32. Artizans (such as blacksmiths), manual labourers (such as carpenters), and Sudras shall do work for the king for a day in each month.

33. The monarch, his council, his fortress, his treasure, his army, his realm, and his ally are the seven constituent elements of a state.

34. (The king) must punish those who try to subvert any one among them.

35. He must explore, by means of spies, both the state of his own kingdom and of his foe's.

36. Let him show honour to the righteous;

37. And let him punish the unrighteous.

38. Towards his (neighbour and natural) enemy, his ally (or the power next beyond his enemy), a neutral power (situated beyond the latter), and a power situated between (his natural enemy and an aggressive power): let him adopt (alternately), as the occasion and the time require, (the four modes of obtaining success, viz.) negotiation, division, presents, and force of arms.

39. Let him have resort, as the time demands, to (the six measures of a military monarch, viz.) making alliance and waging war, marching to battle and sitting encamped, seeking the protection (of a more powerful king) and distributing his forces.

[32. According to Nand., the particle ka, 'and,' implies that servile persons, who get their substance from their employers, are also implied. See Manu VII, 138.

35. The particle ka, according to Nand., is used in order to include the kingdoms of an ally and of a neutral prince.

38. 1 The term madhyama has been rendered according to Nand.'s and Kullukâ's (on M. VII, 156) interpretation of it. Kullâka, however, adds, as a further characteristic, that it denotes a prince, who is equal in strength to one foe, but no match for two when allied.]

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40. Let him set out on an expedition in the months of Kaitra or Mârgasîrsha;

41. Or when some calamity has befallen his foe.

42. Having conquered the country of his foe, let him not abolish (or disregard) the laws of that country.

43. And when he has been attacked by his foe, let him protect his own realm to the best of his power.

44. There is no higher duty for men of the military caste, than to risk their life in battle.

45. Those who have been killed in protecting a cow, or a Brâhmana, or a king, or a friend, or their own property, or their own wedded wife, or their own life, go to heaven.

46. Likewise, those (who have been killed) in trying to prevent mixture of castes (caused by adulterous connections).

47. A king having conquered the capital of his foe, should invest there a prince of the royal race of that country with the royal dignity.

48. Let him not extirpate the royal race

49. Unless the royal race bc of ignoble descent.

50. He must not take delight in hunting, dice, women, and drinking;

51. Nor in defamation and battery.

52. And let him not injure his own property (by bootless expenses).

53. He must not demolish (whether in his own town, or in the town of his foe conquered by him,

[40. The particle vâ indicates, according to Nand., that he may also set out in the month Phâlguna.]

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or in a fort) doors which had been built there before his time (by a former king).

54. He must not bestow largesses upon unworthy persons (such as dancers, eulogists, bards, and the like).

55. Of mines let him take the whole produce.

56. Of a treasure-trove he must give one half to the Brâhmanas;

57. He may deposit the other half in his own treasury.

58. A Brâhmana who has found a treasure may keep it entire.

59. A Kshatriya (who has found a treasure) must give one fourth of it to the king, another fourth to the Brâhmanas, and keep half of it to himself

60. A Vaisya (who has found a treasure) must give a fourth part of it to the king, one half to the Brâhmanas, and keep the (remaining fourth) part to himself.

61. A Sudra who has found a treasure must divide it into twelve parts, and give five parts to the king, five parts to the Brâhmanas, and keep two parts to himself.

62. Let the king compel him who (having found a treasure) does not announce it (to the king) and is found out afterwards, to give up the whole.

63. Of a treasure anciently hidden by themselves let (members of) all castes, excepting Brâhmanas, give a twelfth part to the king.

64. The man who falsely claims property hidden by another to have been hidden by himself, shall be

[63. This rule refers to a treasure, which has been found by some one and announced to the king. -The original owner is bound to prove his ownership. (Nand.) See "M. VIII, 35.]

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condemned to pay a fine equal in amount to the property falsely claimed by him.

65. The king must protect the property of minors, of (blind, lame or other) helpless persons (who have no guide), and of women (without a guardian).

66. Having recovered goods stolen by thieves, let him restore them entire to their owners, to whatever caste they may belong.

67. If he has been unable to recover them, he must pay (their value) out of his own treasury.

68. Let him appease the onsets of fate by ceremonies averting evil omens and propitiatory ceremonies;

69. And the onsets of his foe (let him repel) by force of arms.

70. Let him appoint as Purohita (domestic priest) a man conversant with the Vedas, Epics, the Institutes of Sacred Law, and (the science of) what is useful in life, of a good family, not deficient in limb, and persistent in the practice of austerities.

71. And (let him appoint) ministers (to help and advise him) in all his affairs, who are pure, free from covetousness, attentive, and able.

72. Let him try causes himself, accompanied by well-instructed Brâhmanas.

73. Or let him entrust a Brâhmana, with the judicial business.

74. Let the king appoint as judges men of good

[70. 'The science of what is useful in life' comprises the fine arts, except music, and all technical knowledge.

74. According to Nand., the particle ka indicates that the judges should be well acquainted, likewise, with the sacred revelation, {footnote p. 21} and intent upon performing their daily study of the Veda, as ordained by Yâgshavalkya, II, 2.]

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families, for whom the ceremonies (of initiation and so forth) have been performed, and who are eager in keeping religious vows, impartial towards friend and foe, and not likely to be corrupted by litigants either by (ministering to their) lustful desires or by (stimulating them to) wrath or by (exciting their) avarice or by other (such practices).

75. Let the king in all matters listen to (the advice of) his astrologers.

76. Let him constantly show reverence to the gods and to the Brâhmanas.

77. Let him honour the aged;

78. And let him offer sacrifices;

79. And he must not suffer any Brâhmana in his realm to perish with want;

80. Nor any other man leading a pious life.

81. Let him bestow landed property upon Brâhmanas.

82. To those upon whom he has bestowed (land) he must give a document, destined for the information of a future ruler, which must be written upon a piece of (cotton) cloth, or a copper-plate, and must contain the names of his (three) immediate ancestors, a declaration of the extent of the land, and an imprecation against him who should appropriate the

[75. According to Nand., the particle ka indicates that the king's ministers should also consult the astrologers.

76. 'The particle ka is used here in order to imply that the king should bestow presents upon the Brâhmanas, as Ordained by Manu, VII, 79.' (Nand.) See Introduction.

82. The repeated use of the particle ka in this Sutra signifies that the document in question should also contain the name of the {footnote p. 22} donor, the date of the donation, and the words, written in the donor's own hand, 'What has been written above, by that is my own will declared.' The term dânakkhedopavarnanam, 'containing a declaration of the punishment awaiting the robber of a grant,' may also mean, 'indicating the boundaries (such as fields and the like) of the grant.' The seal must contain the figure of a flamingo, boar, or other animal. (Nand.) Numerous grants on copper-plates, exactly corresponding to the above description, have been actually found in divers parts of India. See, particularly, Dr. Burnell's Elements of South Indian Palaeography.]

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donation to himself, and should be signed with his own seal.

83. Let him not appropriate to himself landed property bestowed (upon Brâhmanas) by other (rulers).

84. Let him present the Brâhmanas with gifts of every kind.

85. Let him be on his guard, whatever he may be about.

86. Let him be splendid (in apparel and ornaments).

87. Let him be conversant with incantations dispelling the effects of poison and sickness.

88. Let him not test any aliments, that have not been tried before (by his attendants, by certain experiments).

89. Let him smile before he speaks to any one.

90. Let him not frown even upon (criminals) doomed to capital punishment.

91. Let him inflict punishments, corresponding to the nature of their offences, upon evil-doers.

[83. According to Nand., the particle ka is used in order to include in this prohibition a grant made by himself.

86. Nand. proposes a second interpretation of the term sudarsana besides the one given above, 'he shall often show himself before those desirous of seeing him.' {footnote p. 23} IV. 1-14. M. VIII, 132-138; Y. I, 361-365.]

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92. Let him inflict punishments according to justice (either personally or through his attendants).

93. Let him pardon no one for having offended twice.

94. He who deviates from his duty must certainly not be left unpunished by the king.

95. Where punishment with a black hue and a red eye advances with irresistible might, the king deciding causes justly, there the people will prosper.

96. Let a king in his own domain inflict punishments according to justice, chastise foreign foes with rigour, behave without duplicity to his affectionate friends, and with lenity to Brâhmanas.

97. Of a king thus disposed, even though he subsist by gleaning, the fame is far spread in the world, like a drop of oil in the water.

98. That king who is pleased when his subjects are joyful, and grieved when they are in grief, will obtain fame in this world, and will be raised to a high station in heaven after his death.

 

 

         

 

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IV.

1. The (very small mote of) dust which may be discerned in a sun-beam passing through a lattice is called trasarenu (trembling dust).

2. Eight of these (trasarenus) are equal to a nit.

3. Three of the latter are equal to a black mustard-seed.

4. Three of these last are equal to a white mustard-seed.

5. Six of these are equal to a barley-corn.

6. Three of these equal a Krishnala.

[6. Krishnala (literally, 'seed, of the Gushgâ creeper') is another {footnote p. 24} name for Raktikâ or Ratî, the lowest denomination in general use. According to Prinsep (Useful Tables, p. 97) it equals 1.875 grains = 0.122 grammes of the metrical system. According to Thomas (see Colebrooke's Essays, ed. by Cowell, I, p. 529, note) it equals 1.75 grains.]

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7. Five of these equal a Mâsha.

8. Twelve of these are equal to half an Aksha.

9. The weight of half an Aksha, with four Mâshas added to it, is called a Suvarna.

10. Four Suvarnas make a Nishka.

11. Two Krishnalas of equal weight are equal to one Mâshaka of silver.

12. Sixteen of these are equal to a Dharana (of silver).

13. A Karsha (or eighty Raktikâs) of copper is called Kârshâpana.

14. Two hundred and fifty (copper) Panas are declared to be the first (or lowest) amercement, five hundred are considered as the middlemost, and a thousand as the highest.

 

 

         

 

p. 24

V.

1. Great criminals should all be put to death.

[7-10. These names refer to weights of gold.

V. 2, 3. M. VIII, 124; IX, 239, 241; Gaut. XII, 46, 47.--3-7. M. IX, 237.--8. M. IX, 241; VIII, 380.--9, 11. M. IX, 232.--12, 13. M. VIII, 320, 321.--18. M. VIII, 371.--19. M. VIII, 279; Y. II, 215; Âpast. II., 10, 27, 14; Gaut. XII, 1.--20-22. M. VIII, 281, 282; Âpast. II, 10, 27, 15; Gaut. XII, 7.--23. M. VIII, 270, Âpast. II, 10, 27, 14.--24. M. VIII, 272.--25. M. VIII, 271.--26-28. M. VIII, 273-275.--27. Y. II, 204.--29, 30, Y. II. 210.--31-33. Y. II, 211-- 35. M. VIII, 269.--36. M. VIII, 268; Gaut. XII, 12.--40, 41. M. VIII, 382-385.--40, 44. Y. II, 286, 289-45. M. VIII, 224.--47. M. VIII, 225.--49. Y. II, 297.--50, 52. M. VIII, 296-298; Y. II, 225, 226.--55-58. M. VIII, 285; Y. II, 227-229.--60, 61. M. VIII, 280.--60-73. Y. II, 216-221.--66-68. M. VIII, 283, 284.--74. M. IX, 274.--75. {footnote p. 25} M. VIII, 289; Y. II, 222.--77. M. VIII, 325.--79. 320.--81, 82. M. VIII, 322.--83, 84. M. VIII, 326-329.--85, 86. M. VIII, 330; Gaut. XII, 18.--89, 90. Y. II, 270-94. M. VIII, 392; Y. II, 263.--96, 97. M. VIII, 393.--98-103. Y. II, 296.--104. Y. II, 234.--106, 107. M. IX, 282.--108. Y. II, 223.--110. Y. II, 224.--111. Y. II, 236.--113. M. VIII, 389; Y. II, 237.--115-123. Y. II, 232, 235, 236, 239-241.--124-126. Y. II, 246, 250.--127. Y. II, 254.--127, 128, Colebrooke, Dig. III, 3, XXII.--129. Y. II, 255.--130. M. VIII, 399; Y. II. 261.--131. Y. II, 263.--132. M. VIII, 407.--134, 135. Y. II, 202.--136. M. IX, 277; Y. II, 274.--137, 138. M. VIII, 235; Y. II, 164.--137-139, Colebrooke, Dig. III, 4, XIV.--140. Y. II, 159.--10. Gaut. XII, 19.--142-145. Y. II, 159, 160.--142-144. Gaut. XII, 22-25.--140-146. Colebrooke, Dig. III, 4, XLV, 4.--146. M. VIII, 241; Y. II, 161; Gaut. XII, 19.--147, 148. M. VIII, 238, 240; Y. II, 162; Gaut. XII, 21.--147-149. Colebrooke, Dig. III, 4, XXI.--150. M. VIII, 242; Y. II, 163-151. M. VIII, 412; Y. II, 183; Colebrooke, Dig. III, 1, LVIII.--152. Y. II, 183.--153, 154. M. VIII, 215; Y. II, 193; Âpast. II, 11, 28, 2, 3.--153-159. Colebrooke, Dig. III, 1, LXXX.--155, 156. Y. II, 197.--160. M. IX, 71; Y. I, 65.--162. M. IX, 72; Y. I, 66.--163. M. VIII, 399.--162, 163. Colebrooke, Dig. IV, 1, LX.--164, 165. M. VIII, 202; Y. II, 170.--166. Y. II, 168.--167, 168. Y. II, 187.--169-171. M. VIII 191.--172. M. IX, 291; Y. II, 155.--174. M. IX, 285; Y. II, 297.--175-177. M. IX, 284; Y. II, 242.--178. Y. II, 232.--179- M. VIII, 123; Y. II, 81; Âpast. II, 11, 29, 8; Gaut, XIII, 23.--180. Y. I, 338.--183. Colebrooke, Dig. I, 3, CXX.--189. M. VIII, 350.--190. M. VIII, 351.--194. M. VIII, 126; Y. I, 367.--195. M. VIII, 128; Y. II, 243, 305.]

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2. In the case of a Brâhmana. no corporal punishment must be inflicted.

3. A Brâhmana must be banished from his own country, his body having been branded.

[1. The crimes by the commission of which a man becomes a Mahâpatakin, 'mortal sinner,' will be enumerated below, XXXV.

2. The use of the particle ka implies, according, to Nand. and a passage of Yama quoted by him, that, besides brawling him, the criminal should be shorn, his deed publicly proclaimed, and himself mounted upon an ass and led about the town.]

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4. For murdering another Brâhmana, let (the figure of) a headless corpse be impressed on his forehead;

5. For drinking spirits, the flag of a seller of spirituous liquor;

6. For stealing (gold), a dog's foot,

7. For incest, (the mark of) a female part.

8. If he has committed any other capital crime, he shall be banished, taking with him all his property, and unhurt.

9. Let the king put to death those who forge royal edicts;

10. And those who forge (private) documents;

11. Likewise poisoners, incendiaries, robbers, and killers of women, children, or men;

12. And such as steal more than ten Kumbhas of grain,

13. Or more than a hundred Mâshas of such things as are usually sold by weight (such as gold and silver);

14. Such also as aspire to sovereignty, though being of low birth;

15. Breakers of dikes;

[10. The use of the particle ka indicates that this rule includes those who corrupt the king's ministers, as stated by Manu, IX, 232. (Nand.)

11. Nand. infers from the use of the particle ka, and from a passage of Kâtyâyana, that false witnesses are also intended here.

12. Nand. here refers ka to women who have committed a capital offence, as mentioned by Yâgshavalkya,(II, 278). A Kumbha is a measure of grain equal to twenty Dronas, or a little more than three bushels and three gallons. Nand. mentions, as the opinion of some, that 1 Kumbha = 2 Dronas. For other computations of the amount of a Kumbha, see Colebrooke's Essays, I, 533 seq.

13. Regarding the value of a Mâsha, see IV, 7, I 1.

15. Nand. infers from the use of the particle ka and from a {footnote p. 27} passage of Manu (IX, 280), that robbers who forcibly enter the kings treasury, or the arsenal, or a temple, are likewise intended here.]

p. 27

16. And such as give shelter and food to robbers,

17. Unless the king be unable (to protect his subjects against robbers); the duty which

18. And a woman who violates she owes to her lord, the latter being unable to restrain her.

19. With whatever limb an inferior insults or hurts his superior in caste, of that limb the king shall cause him to be deprived.

20. If he places himself on the same seat with his superior, he shall be banished with a mark on his buttocks. he shall lose both lips;

21. If he spits on him,

22. If he breaks wind against him, his hindparts;

23. If he uses abusive language, his tongue.

24. If a (low-born) man through pride give instruction (to a member of the highest caste) concerning his duty, let the king order hot oil to be dropped into his mouth.

25. If a (low-born man) mentions the name or caste of a superior revilingly, an iron pin, ten inches long, shall be thrust into his mouth (red hot).

26. He who falsely denies the sacred knowledge, the country, or the caste (of such), or who says

[17. In the case to which this Sutra refers, the villagers may satisfy the demands of the robbers with impunity, as they are obliged to do so out of regard for their own safety. (Nand.)

20. The particle ka, indicates here that if he urinates against a superior his organ shall be cut off. (Nand.) See M. VIII, 282.

26. This Sutra has been rendered in accordance with Kullukâ's gloss on M. VIII, 273, Nand.'s interpretation of it being palpably wrong.]

p. 28

that his religious duties have not been fulfilled by (or that the initiatory and other sacramental rites have not been performed for) him, shall be fined two hundred Panas.

27. If a man is blind with one eye, or lame, or defective in any similar way, and another calls him so, he shall be fined two Kârshâpanas, though he speaks the truth.

28. He shall be fined a hundred Kârshâpanas for defaming a Guru.

29. He shall pay the highest amercement for imputing to another (a great crime) entailing loss of caste;

30. The second amercement for (imputing to another) a minor offence (such as the slaughter of a cow);

31. The same for reviling a Brâhmana versed in the three Vedas, or an old man, or a (whole) caste or corporation (of judges or others);

32. For reviling a village or district, the lowest amercement;

33. For using insulting language (such as 'I shall visit your sister,' or 'I shall visit your daughter'), a hundred Kârshâpanas;

34. For insulting a man by using bad language regarding his mother (such as 'I shall visit your mother' or the like speeches), the highest amercement.

35. For abusing a man of his own caste, he shall be fined twelve Panas.

36. For abusing a man of a lower caste, he shall be fined six (Panas).

[32. Nand. infers from the use of the particle ka that 'a family' is also intended here.]

p. 29

37. For insulting a member of the highest caste or of his own caste (he having been insulted by him) at the same time, the same fine is ordained;

38. Or (if he only returns his insult, a fine amounting to) three Kârshâpanas.

39. The same (punishment is ordained) if he calls him bad names.

40. An adulterer shall be made to pay the highest amercement if he has had connection with a woman of his own caste;

41. For adultery with women of a lower caste, the second amercement;

42. The same (fine is ordained) for a bestial crime committed with a cow.

43. He who has had connection with a woman of one of the lowest castes, shall be put to death.

44. For a bestial crime committed with cattle (other than cows) he shall be fined a hundred Kârshâpanas.

45. (The same fine is ordained) for giving a (blemished) damsel in marriage, without indicating her blemish (whether the bride be sick, or no longer a maid, or otherwise faulty);

46. And he shall have to support her.

47. He who says of an unblemished damsel, that she has a blemish (shall pay) the highest amercement.

48. For killing an elephant, or a horse, or a camel, or a cow, (the criminal) shall have one hand, or one foot, lopped off

[43. The lowest castes (antyâh), according to Angiras, are the following seven, Kandâlas, Svapakas, Kshattris, Sutas, Vaidehakas, Mâgadhas, and Âyogavas.]

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49. A seller of forbidden meat (such as pork, shall be punished in the same way).

50. He who kills domestic animals, shall pay a hundred Kârshâpanas.

51. He shall make good their value to the owner of those animals.

52. He who kills wild animals, shall pay five hundred Kârshâpanas.

53. A killer of birds, or of fish, (shall pay) ten Kârshâpanas.

54. A killer of insects shall pay one Kârshâpanas.

55. A feller of trees yielding fruit (shall pay) the highest amercement.

56. A feller of trees yielding blossoms only (shall pay) the second amercement.

57. He who cuts creepers, shrubs, or climbing plants (shall pay) a hundred Kârshâpanas.

58. He who cuts grass (shall pay) one Kârshâpanas.

59. And all such offenders (shall make good) to the owners (of the trees or plants cut down by them) the revenue which they yield.

60. If any man raises his hand (against his equal in caste, with intent to strike him, he shall pay) ten Kârshâpanas;

61. If he raises his foot, twenty;

62. If he raises a piece of wood, the first amercement;

63. If he raises a stone, the second amercement;

64. If he raises a weapon, the highest amercement.

65. If he seizes him by his feet, by his hair, by

[53. Nand. infers from a passage of Kâtyâyana that the particle ka is used here in order to include serpents.]

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his garment, or by his hand, he shall pay ten Panas as a fine.

66. If he causes pain to him, without fetching blood from him, (he shall pay) thirty-two Panas;

67. For fetching blood from him, sixty-four.

68. For mutilating or injuring a hand, or a foot, or a tooth, and for slitting an ear, or the nose, the second amercement (is ordained).

69. For rendering a man unable to move about, or to eat, or to speak, or for striking him (violently, the same punishment is ordained).

70. For wounding or breaking an eye, or the neck, or an arm, or a bone, or a shoulder, the highest amercement (is ordained).

71. For striking out both eyes of a man, the king shall (confine him and) not dismiss him from jail as long as he lives;

72. Or he shall order him to be mutilated in the same way (i.e. deprived of his eyes).

73. Where one is attacked by many, the punishment for each shall be the double of that which has been ordained for (attacks by) a single person.

74. (The double punishment is) likewise (ordained) for those who do not give assistance to one calling for help, though they happen to be on the spot, or (who run away) after having approached it.

75. All those who have hurt a man, shall pay the expense of his cure.

76. Those who have hurt a domestic animal (shall also pay the expense of his cure).

77. He who has stolen a cow, or a horse, or a camel, or an elephant, shall have one hand, or one foot, cut off;

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78. He who has stolen a goat, or a sheep, (shall have) one hand (cut off).

79. He who steals grain (of those sorts which grow in the rainy season), shall pay eleven times its value as a fine;

80. Likewise, he who steals grain (of those sorts, which grow in winter and spring, such as rice and barley).

81. A stealer of gold, silver, or clothes, at a value of more than fifty Mâshas, shall lose both hands.

82. He who steals a less amount than that, shall pay eleven times its value as a fine.

83. A stealer of thread, cotton, cow-dung, sugar, sour milk, milk, butter-milk, grass, salt, clay, ashes, birds, fish, clarified butter, oil, meat, honey, basketwork, canes of bamboo, earthenware, or iron pots, shall pay three times their value as a fine.

84. (The same fine is ordained for stealing) dressed food.

85. For stealing flowers, green (grain), shrubs, creepers, climbing plants or leaves, (he shall pay) five Krishnalas.

86. For stealing pot-herbs, roots, or fruits (the same punishment is ordained).

87. He who steals gems, (shall pay) the highest amercement.

88. He who steals anything not mentioned above, (shall make good) its value (to the owner).

89. Thieves shall be compelled to restore all stolen goods to the owners.

90. After that, they shall suffer the punishment that has been ordained for them.

91. He who does not make way for one for

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whom way ought to be made, shall be fined twenty-five Kârshâpanas.

92. (The same fine is ordained) for omitting to offer a seat to (a guest or others) to whom it ought to be offered.

93. For neglecting to worship such as have a claim to be worshipped, (the same fine is ordained);

94. Likewise, for neglecting to invite (at a Srâddha) a Brâhmana, one's neighbour;

95. And for offering him no food, after having invited him.

96. He who does not eat, though he has received and accepted an invitation, shall give a gold Mâshaka as a fine;

97. And the double amount of food to his host.

98. He who insults a Brâhmana by offering him uneatable food (such as excrements and the like, or forbidden food, such as garlic, must pay) sixteen Suvarnas (as a fine).

99. (If he insults him by offering him) such food as would cause him to be degraded (were he to taste it, he must pay) a hundred Suvarnas.

100. (If he offers him) spirituous liquor, he shall be put to death.

101. If he insults a Kshatriya (in the same way), he shall have to pay half of the above amercement;

102. If he insults a Vaisya, half of that again;

103. If he insults a Sudra, the first amercement.

104. If one who (being a member of the Kandâla or some other low caste) must not be touched, intentionally

[93. Those persons 'have a claim to be worshipped' who are worthy to receive the Madhuparka or honey-mixture. (Nand.) See M. III, 119, 120; Y. I, 110; Âpast. II, 4, 8, 5-9; Gaut. V, 27; Weber, Ind. Stud. X, 125.]

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defiles by his touch one who (as a member of a twice-born caste) may be touched (by other twice-born persons only), he shall be put to death.

105. If a woman in her courses (touches such a person), she shall be lashed with a whip.

106. If one defiles the highway, or a garden, or the water (by voiding excrements) near them (or in any other way), he shall be fined a hundred Panas;

107. And he must remove the filth.

108. If he demolishes a house, or a piece of ground (a court-yard or the like), or a wall or the like, he shall have to pay the second amercement;

109. And he shall have it repaired (at his own cost).

110. If he throws into another man's house (thorns, spells, or other) such things as might hurt some one, he shall pay a hundred Panas.

111. (The same punishment is ordained) for falsely denying the possession of common property;

112. And for not delivering what has been sent (for a god or for a Brâhmana).

113. (The same punishment is) also (ordained) for father and son, teacher (and pupil), sacrificer and officiating priest, if one should forsake the other, provided that he has not been expelled from caste.

114. And he must return to them (to the parents and the rest).

115. (The same punishment is) also (ordained) for hospitably entertaining a Sudra or religious ascetic at an oblation to the gods or to the manes;

116. And for following an unlawful occupation

[115. According to Nand., the particle ka indicates here, that the same punishment is ordained for him who visits a widow by his own accord, as mentioned by Yâgshavalkya (II, 234).]

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(such as studying the Vedas without having been initiated);

117. And for breaking open a house on which (the king's) seal is laid;

118. And for making an oath without having been asked to do so (by the king or a judge);

119. And for depriving cattle of their virility.

120. The fine for the witnesses in a I dispute between father and son shall be ten Panas.

121. For him who acts as surety for either of the two parties in such a contest, the highest amercement (is ordained).

122. (The same punishment is ordained) for forging a balance, or a measure;

123. Also, for pronouncing them incorrect, although they are correct.

124. (The same punishment is) also (ordained) for selling adulterated commodities;

125. And for a company of merchants who prevent the sale of a commodity (which happens to be abroad) by selling it under its price.

126. (The same punishment is ordained) for those (members of such a company) who sell (an article belonging to the whole company for more than it is worth) on their own account.

127. He who does not deliver to the purchaser a commodity (sold), after its price has been paid to him, shall be compelled to deliver it to him with interest;

[117. Nand. considers the particle ka to imply that the exchange of sealed goods for others shall be punished in the same way. But this assertion rests upon a false reading (samudraparivarta for samudgaparivarta) Of Y. II, 247, which passage Nand. quotes in support of his view.]

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128. And he shall be fined a hundred Panas by the king.

129. If there should be a loss upon a commodity purchased, which the purchaser refuses to accept (though it has been tendered to him), the loss shall fall upon the purchaser.

130. He who sells a commodity on which the king has laid an embargo, shall have it confiscated.

131. A ferry-man who takes a toll payable (for commodities conveyed) by land shall be fined ten Panas.

132. Likewise, a ferry-man, or an official at a toll-office, who takes a fare or toll from a student, or Vânaprastha (hermit), or a Bhikshu (ascetic or religious mendicant), or a pregnant woman, or one about to visit a place of pilgrimage;

133. And he shall restore it to them.

134. Those who use false dice in gaming shall lose one hand.

135. Those who resort to (other) fraudulent practices in gaming shall lose two fingers (the thumb and the index).

136. Cutpurses shall lose one hand.

137. Cattle being attacked, during day-time, by wolves or other ferocious animals, and the keeper not going (to repel the attack), the blame shall fall upon him;

138. And he shall make good to the owner the value of the cattle that has perished.

139. If he milks a cow without permission, (he shall pay) twenty-five Kârshâpanas (as a fine).

[131. The toll mentioned here is the duty on marketable commodities mentioned above, III, 29, 30. (Nand.)]

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140. If a female buffalo damages grain, her keeper shall be fined eight Mâshas.

141. If she has been without a keeper, her owner (shall pay that fine).

142. (For mischief done by) a horse, or a camel, or an ass (the fine shall be the same).

143. (For damage done by) a cow, it shall be half.

144. (For damage done by) a goat, or a sheep, (it shall be) half of that again.

145. For cattle abiding (in the field), after having eaten (grain), the fine shall be double.

146. And in every case the owner (of the field) shall receive the value of the grain that has been destroyed.

147. There is no offence if the damage has been done near a highway, near a village, or (in a field adjacent to) the common pasture-ground for cattle;

148. Or (if it has been done) in an uninclosed field;

149. Or if the cattle did not abide long;

150. Or if the damage has been done by bulls that have been set at liberty, or by a cow shortly after her calving.

151. He who commits members of the highest (or Brâhmana) caste to slavery, shall pay the highest amercement.

152. An apostate from religious mendicity shall become the king's slave.

153. A hired workman who abandons his work before the term has expired shall pay the whole amount (of the stipulated wages) to his employer .

154. And he shall pay a hundred Panas to the king.

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155. What has been destroyed through his want of care, (he must make good) to the owner;

156. Unless the damage have been caused by an accident.

157. If an employer dismisses a workman (whom he has hired) before the expiration of the term, he shall pay him his entire wages;

158. And (he shall pay) a hundred Panas to the king;

159. Unless the workman have been at fault.

160. He who, having promised his daughter to one suitor, gives her in marriage to another, shall be punished as a thief;

161. Unless the (first) suitor have a blemish.

162. The same (punishment is ordained for a suitor) who abandons a faultless girl;

163. (And for a husband who forsakes) a (blameless) wife.

164. He who buys unawares in open market the property of another man (from one not authorised to sell it) is not to blame;

165. (But) the owner shall recover his property.

166. If he has bought it in secret and under its price, the purchaser and the vendor shall be punished as thieves.

167. He who embezzles goods belonging to a corporation (of Brâhmanas, and which have been sent to them by the king or by private persons), shall be banished.

168. He who violates their established. rule (shall) also (be banished).

169. He who retains a deposit shall restore the commodity deposited to the owner, with interest.

170. The king shall punish him as a thief

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171. (The same punishment is ordained for him) who claims as a deposit what he never deposited.

172. A destroyer of landmarks shall be compelled to pay the highest amercement and to mark the boundary anew with landmarks.

173. He who (knowingly) eats forbidden food effecting loss of caste shall be banished.

174. He who sells forbidden food (such as spirituous liquor and the like), or food which must not be sold, and he who breaks an image of a deity, shall pay the highest amercement;

175. Also, a physician who adopts a wrong method of cure in the case of a patient of high rank (such as a relative of the king's);

176. The second amercement in the case of another patient;

177. The lowest amercement in the case of an animal.

178. He who does not give what he has promised, shall be compelled to give it and to pay the first amercement.

179. To a false witness his entire property shall be confiscated.

180. (The same punishment is ordained) for a judge who lives by bribes.

181. He who has mortgaged more than a bull's hide of land to one creditor, and without having redeemed it mortgages it to another, shall be corporally punished (by whipping or imprisonment).

[171. According to Nand., the particle ka indicates that those who state the nature or amount of a deposit wrongly ate also intended here.

173. Thus according to Nand., who says expressly that the causative form cannot here mean causing to eat, because the punishment for the latter offence has been mentioned in Sutra 98.]

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182. If the quantity be less, he shall pay a fine of sixteen Suvarnas.

183. That land, whether little or much, on the produce of which one man can subsist for a year, is called the quantity of a bull's hide.

184. If a dispute should arise between two (creditors) concerning (a field or other immovable property) which has been mortgaged to both at the same time, that mortgagee shall enjoy its produce who holds it in his possession, without having obtained it by force.

185. What has been possessed in order and with a legitimate title (such as purchase, donation, and the like), the possessor may keep; it can never be taken from him.

186. Where (land or other) property has been held in legitimate possession by the father (or grandfather), the son's right to it, after his death, cannot be contested; for it has become his own by force of possession.

187. If possession has been held of an estate by three (successive) generations in due course, the fourth in descent shall keep it as his property, even without a written title.

188. He who kills (in his own defence a tiger or other) animal with sharp nails and claws, or a (goat or other) horned animal (excepting cows), or a (boar or other) animal with sharp teeth, or an assassin, or an elephant, or a horse, or any other (ferocious animal by whom he has been attacked), commits no crime.

189. Any one may unhesitatingly slay a man who attacks him with intent to murder him, whether his spiritual teacher, young or old, or a Brâhmana,

p. 41

or even (a Brâhmana) versed in many branches of sacred knowledge.

190. By killing an assassin who attempts to kill, Whether in public or in private, no crime is committed by the slayer: fury recoils upon fury.

191. Assassins should be known to be of seven kinds: such as try to kill with the sword, or with poison, or with fire, such as raise their hand in order to pronounce a curse, such as recite a deadly incantation from the Atharva-veda, such as raise a false accusation which reaches the ears of the king,

192. And such as have illicit intercourse with another man's wife. The same designation is given to other (evil-doers) who deprive others of their worldly fame or of their wealth, or who destroy religious merit (by ruining pools, or other such acts), or property (such as houses or fields).

193. Thus I have declared to thee fully, O Earth, the criminal laws, enumerating at full length the punishments ordained for all sorts of offences.

194. Let the king dictate due punishments for other offences also, after having ascertained the class and the age (of the criminal) and the amount (of the damage done or sum claimed), and after having consulted the Brâhmanas (his advisers).

195. That detestable judge who dismisses without punishment such as deserve it, and punishes such as deserve it not, shall incur twice as heavy a penalty as the criminal himself.

196. A king in whose dominion there exists neither thief, nor adulterer, nor calumniator, nor robber, nor murderer, attains the World of Indra.

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p. 42

VI.

1. A creditor shall receive his principal back from his debtor exactly as he had lent it to him.

2. (As regards the interest to be paid), he shall take in the direct order of the castes two, three, four, or five in the hundred by the month (if no pledge has been given).

3. Or let debtors of any caste pay as much interest as has been promised by themselves.

4. After the lapse of one year let them pay interest according to the above rule, even though it have not been agreed on.

5. By the use of a pledge (to be kept only) interest is forfeited.

[VI. 2. M. VIII, 142; Y. II, 37.--1, 2. Colebrooke, Dig. I, 2, XXXI.--3. M. VIII, 157; Y. II, 38.--4. Colebrooke, Dig. I, 2, LII.--5. M. VIII, 143; Y. II, 59; Gaut. XII, 32; Colebrooke, Dig. I, 2, LXXVIII.--6. Y. II, 59; Colebrooke, Dig. I, 3, LXXXII.--7. M. VIII, 151; Gaut. XII, 31; Colebrooke, Dig. I, 3, CX.--8. Colebrooke loc. cit.--9. Colebrooke, Dig. I, 3, CVII.--10. Y. II, 44; Colebrooke, Dig. I, 2, LXXVII.--11-15. M. VIII, 151; Y. II, 39; Gaut. XII, 36; Colebrooke, Dig. I, 2, LXIV.--16, 17. Colebrooke, Dig. I, 2, LXX.--18, 19. M. VIII, 50, 176; Y. II, 40; Colebrooke, Dig. I, 6, CCLII.--20, 21. M. VIII, 139; Y. II, 42; Colebrooke, Dig. I, 6, CCLXXVII.--22. Y. II, 20-24, 25. Y. II, 94; Colebrooke, Dig. I, 6, CCLXXXIII.--26. Y. II, 93; Colebrooke, Dig. I, 6, CCLXXXVI.--27. Y. II, 50; Colebrooke, Dig. I, 5, CLXVIII.--28. Colebrooke, Dig. I, 5, CLXVIII.--29. Gaut. XII, 40.--29, 30. Y. II, 51; Colebrooke, Dig. I. 5, CCXX,--31-33. Y. II, 46; Colebrooke, Dig. I. 5, CCVIII.--34-36. M VIII, 166; Y. II, 45.--38, 39. M. VIII, 166, 167; Y. II, 45; Colebrooke, Dig. I, 5, CXCII.--41. M. VIII, 158, 160; Y. II, 53; Colebrooke, Dig. I, 4, CXLIV.--42, 43, Y. II, 55, 56; Colebrooke, Dig. I, 4, CLVI, CLXI.

I, 2. Colebrooke loc. cit. seems to have translated a different reading.]

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6. The creditor must make good the loss of a, pledge, unless it was caused by fate or by the king.

7. (The pledge must) also (be restored to the debtor) when the interest has reached its maximum amount (on becoming equal to the principal, and has all been paid).

8 But he must not restore an immovable pledge without special agreement (till the principal itself has been paid).

9. That immovable property which has been delivered, restorable when the sum borrowed is made good, (the creditor) must restore when the sum borrowed has been made good.

10. Property lent bears no further interest after it has been tendered, but refused by the creditor.

11. On gold the interest shall rise no higher than to make the debt double;

12. On grain, (no higher than to make it) threefold;.

13. On cloth, (no higher than to make it) fourfold;

14. On liquids, (no higher than to make it) eightfold;

15. Of female slaves and cattle, the offspring (shall be taken as interest).

16. On substances from which spirituous liquor

[7. Colebrooke loc. cit. connects this Sutra with the next. My rendering rests on Nand.'s interpretation.

8. Nand. cites as an instance of an agreement of this kind one made in the following form, 'You shall have the enjoyment of this or that mango grove as long as interest on the principal lent to me has not ceased to accrue.']

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is extracted, on cotton, thread, leather, weapons, bricks, and charcoal, the interest is unlimited.

17. On such objects as have not been mentioned it may be double.

18. A creditor recovering the sum lent by any (lawful) means shall not be reproved by the king.

19. If the debtor, so forced to discharge the debt, complains to the king, he shall be fined in an equal sum.

20. If a creditor sues before the king and fully proves his demand, the debtor shall pay as a fine to the king a tenth part of the sum proved;

21. And the creditor, having received the sum due, shall pay a twentieth part of it.

22. If the whole demand has been contested by the debtor, and even a part of it only has been proved against him, he must pay the whole.

23. There are three means of proof in case of a demand having been contested, viz. a writing, witnesses, and proof by ordeal.

24. A debt contracted before witnesses should be discharged in the presence of witnesses.

25. A written contract having been fulfilled, the writing should be torn.

26. Part only being paid, and the writing not being at hand, let the creditor give an acquittance.

27. If he who contracted the debt should die, or

[17. Nand. infers from a passage of Kâtyâyana that this rule refers to gems, pearls, coral, gold, silver, cotton, silk, and wool.

18. The 'lawful means' are mediation of friends, and the four other modes of compelling payment of an unliquidated demand (Nand.) See M. VIII, 49.

22. 'The particle api indicates that he must pay a fine to the king besides, as ordained by Yâgshavalkya.' (Nand.)]

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become a religious ascetic, or remain abroad for twenty years, that debt shall be discharged by his sons or grandsons;

28. But not by remoter descendants against their will.

29. He who takes the assets of a man, leaving or not leaving male issue, must pay the sum due (by him);

30. And (so must) he who has the care of the widow left by one who had no assets.

31. A woman (shall) not (be compelled to pay) the debt of her husband or son;

32. Nor the husband or son (to pay) the debt of a woman (who is his wife or mother);

33.. Nor a father to pay the debt of his son.

34. A debt contracted by parceners shall be paid by any one of them who is present.

35. And so shall the debt of the father (be paid) by (any one of) the brothers (or of their sons) before partition.

36. But after partition they shall severally pay according to their shares of the inheritance.

37. A debt contracted by the wife of a herdsman, distiller of spirits, public dancer, washer, or hunter shall be discharged by the husband (because he is supported by his wife).

38. (A debt of which payment has been previously) promised must be paid by the householder;

39. And (so must he pay that debt) which was

[38, 39. Regarding these two Sutras see Jolly, Indisches Schuldrecht, in the Transactions of the Royal Bavarian Academy of Sciences, 1877, p. 309, note.]

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contracted by any person for the behoof of the family.

40. He who on receiving the whole amount of a loan, promises to repay the principal on the following day (or some other date near at hand), but from covetousness does not repay it, shall give interest for it.

41. Suretiship is ordained for appearance, for honesty, and for payment; the first two (sureties, and not their sons), must pay the debt on failure of their engagements, but even the sons of the last (may be compelled to pay it).

42. When there are several sureties (jointly bound), they shall pay their proportionate shares of the debt, but when they are bound severally, the payment shall be made (by any of them), as the creditor pleases.

43. If the surety, being harassed by the creditor, discharges the debt, the debtor shall pay twice as much to the surety.

 

 

         

 

p. 46

VII.

1. Documents are of three kinds:

2. Attested by the king, or by (other) witnesses, or unattested.

3. A document is (said to be) attested by the king when it has been executed (in a court of judicature), on the king ordering it, by a scribe, his

[42. In the first case the agreement is made in the following form, 'I shall pay so and so much to you, in the way agreed on.' In the second case the sum is not divided between the sureties, and each of them liable for the whole debt therefore. (Nand.)

VII. 4. Y. II, 84-88.--5-7. Y. II, 89.--6. M. VIII, 168.--12. Y. II, 92.]

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servant, and has been signed by his chief judge, with his own hand.

4. It is (said to be) attested by, witnesses when, having been written anywhere, and by any one, it is signed by witnesses in their own hands.

5. It is (said to be) unattested when it has been written (by the party himself) with his own hand.

6. Such a document, if it has been caused to be written by force, makes no evidence.

7. Neither does any fraudulent document (make evidence);

8. Nor a document (which), though attested, (is vitiated) by the signature of a witness bribed (by one party) or of bad character;

9. Nor one written by a scribe of the same description;

10. Nor one executed by a woman, or a child, or a dependant person, or one intoxicated or insane, or one in danger or in bodily fear.

11. (That instrument is termed) proof which is not adverse to peculiar local usages, which defines clearly the nature of the pledge given[1], and is free from confusion in the arrangement of the subject matter and (in the succession of) the syllables.

12. If the authenticity of a document is contested, it should be ascertained by (comparing with it other)

[7. According to Nand., the particle ka is used here in order to include documents that have been executed by a person intoxicated, by one under duress, by a female, by a child, by force, and by intimidation (see Nârada IV, 61). Most of these categories are, however, mentioned in Sutra 10.

11. 1 I have translated the reading vyaktâdhividhilakshanam, which, though not occurring in the text of any MS., is mentioned by Nand., and is found in an identical passage of the Institutes of Nârada (see Nârada IV, 60, and Appendix, p. 123).]

p. 48

letters or signs (such as the flourish denoting the word Srî and the like) or documents executed by the same man, by (enquiring into) the probabilities of the case, and by (finding out such writings as show) a mode of writing similar (to that contained in the disputed document).

13. Should the debtor, or creditor, or witness, or scribe be dead, the authenticity of the document has to be ascertained by (comparing with it other.) specimens of their handwriting.

 

 

         

 

p. 48

VIII.

1. Now follow (the laws regarding) witnesses.

2. The king cannot be (made a witness); nor a learned Brâhmana; nor an ascetic; nor a gamester; nor a thief; nor a person not his own master; nor a woman; nor a child; nor a perpetrator of the acts called sâhasa[1] (violence); nor one over-aged (or more than eighty years old); nor one intoxicated or insane; nor a man of bad fame; nor an outcast;

[VIII. 2, 3, 5. M. VIII, 64-67; Y. II, 70, 71.--4, 5. Gaut. XIII, 5.--6. M. VIII, 72; Y. II, 72; Gaut. XIII, 9.--8. M. VIII, 62, 63; Y. II, 68, 69; Âpast. II, 11, 29, 7; Gaut. XIII, 2.--9. M. VIII, 77; Y. II, 72.--10, 11. Y. II, 17.--14. M. VIII, 81; Âpast. II, 11, 29, 10; Gaut. XIII, 7.--15, 16. M. VIII, 104-106; Y. II, 83.--15. Gaut. XIII, 24.--18. M. VIII, 25, 26; Y. II, 13-15.--19. M-VIII, 87; Y. II. 73; Âpast. II, 11, 29, 7; Gaut. XIII, 12.--20-23. M. VIII, 88.--24-26. M. XIII, 89, 90; Y. II, 73-75.--37. M. VIII, 107; Y. II, 77; Gaut. XIII, 6.--38. Y. II, 79.--39. M. VIII, 73; Y. II, 78.--40. M. VIII, 117.

2. 1 There are three kinds of sâhasa. (Nand.) They are, in the enumeration of Nârada, 1. spoiling fruits or the like; 2. injuring more valuable, articles; 3. offences directed against the life of a human being, and approaching another man's wife. See Nârada XIV, 4-6.]

p. 49

nor one tormented by hunger or thirst; nor one oppressed by a (sudden) calamity (such as the death of his father or the like), or wholly absorbed in evil passions;

3. Nor an enemy or a friend; nor one interested in the subject matter; nor one who does forbidden acts; nor one formerly perjured; nor an attendant;

4. Nor one who, without having been appointed, comes and offers his evidence;

5. Nor can one man alone be made a witness.

6. In cases of theft, of violence, of abuse and assault, and of adultery the competence of witnesses must not be examined too strictly.

7. Now (those who are fit to be) witnesses (shall he enumerated):

8. Descendants of a noble race, who are virtuous and wealthy, sacrificers, zealous in the practice of religious austerities, having male issue, well versed in the holy law, studious, veracious, acquainted with the three Vedas, and aged (shall be witnesses).

9. If he is endowed with the qualities just mentioned, one man alone can also be made a witness.

10. In a dispute between two litigants, the witnesses of that party have to be examined from which the plaint has proceeded.

11. Where the claim has been refuted as not agreeing with the facts (as e. g. the sum claimed

[5. According to Nand., who argues from a passage of Nârada (5, 37), the use of the particle ka implies here, that two witnesses are also not sufficient. But the MSS. of Nârada exhibit a different reading of the passage in question, which reading is supported by the Vîramitrodaya.

8. The particle ka is used here, according to Nand., who argues from a passage of Yâgshavalkya (II, 68), in. order to include liberality among the qualities required in a witness.]

p. 50

having been repaid by the debtor), there the witnesses of the defendant have to be examined as well.

12. An appointed witness having died or gone abroad, those who have heard his deposition may give evidence.

13. (The evidence of) witnesses is (of two kinds): either of what was seen, or of what was heard.

14. Witnesses are free from blame if they give true evidence.

15. Whenever the death of a member of any of the four castes (would be occasioned by true evidence, they are free from blame) if they give false evidence.

16. In order to expiate the sin thus committed, such a witness), if he belongs to a twice-born caste, must pour an oblation in the fire, consecrating it with the texts called Kushmândî.

17. If he is a Sudra, he must feed ten cows for one day.

IS. A false witness may be known by his altered looks, by his countenance changing colour, and by his talk wandering from the subject.

19. Let the judge summon the witnesses, at the time of sunrise, and examine them after having bound them by an oath.

20. A Brâhmana he must address thus, 'Declare.'

21. A Kshatriya he must address thus, 'Declare the truth.'

[16. Vâgasan. Samh. XX, 14-16, or Taitt. Ârany. X, 3-5. Nand. considers the term Kushmândî to be used in a general sense here, so as to include all the other texts mentioned in an analogous passage of Manu (VIII, 106).]

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22. A Vaisya he must address thus, 'Thy kine, grain, and gold (shall yield thee no fruit, if thou wert to give false evidence).'

23. A Sudra he must address thus, 'Thou shalt have to atone for all (possible) heavy crimes (if thou wert to give false evidence).'

24. Let him exhort the witnesses (with the following speeches):

25. 'Whatever places (of torture) await (the killer of a Brâhmana and other) great criminals and (the killer of a cow and other) minor offenders, those places of abode are ordained for a witness who gives false evidence;

26. 'And the fruit of every virtuous apt he has done, from the day of his birth to his dying day, shall be lost to him.

27. 'Truth makes the sun spread his rays.

28. 'Truth makes the moon shine.

29. 'Truth makes the wind blow.

30. 'Truth makes the earth bear (all that is upon it).

31. 'Truth makes waters flow.

32. 'Truth makes the fire burn.

33. 'The atmosphere exists through truth.

34. 'So do the gods.

35. 'And so do the offerings.

36. 'If veracity and a thousand horse-sacrifices

[22, 23. Nand.'s interpretation of these two Sutras, which has been followed above, does not agree with Kulluka's, of M. VIII, 88. But in another passage of Manu (VIII, 113), where the same terms recur, he interprets them like Nand.

36. This Sloka is also found in the Mahâbhârata I, 3095 &c., in the Mârkandeya-purâsha VIII, 42, in the Hitopadesa IV, 129, and, in a somewhat modified form, in the Râmâyana II, 61, 10. See Bthtlinkg, Ind. Spruche, 731 &c.]

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are weighed against each other, (it is found that) truth ranks even higher than a thousand horse-sacrifices.

37. 'Those who, though acquainted with the facts, and appointed to give evidence, stand mute, are equally criminal with, and deserve the same punishment as, false witnesses.' (After having addressed them) thus, let. the king examine the witnesses in the order of their castes.

38. That plaintiff whose statement the witnesses declare to be true, shall win his suit; but he whose statement they declare to be wrong, shall certainly lose it.

39. If there is contradictory evidence, let the king decide by the plurality of witnesses; if equality in number, by superiority in virtue; if parity in virtue, by the evidence of the best among the twice-born.

40. Whenever a perjured witness has given false evidence in a suit, (the king) must reverse the judgment; and whatever has been done, must be considered as undone.

 

 

         

 

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IX.

1. Now follows (the rule regarding) the performance of ordeals.

[39. Nand. takes the term dvigottama, 'the best among the twice-born,' as an equivalent for 'Brâhmanas.' Kulluka (on M. VIII, 73) refers it to 'twice-born men, who are particularly active in the discharge of their religious duties.'

IX. 2. Y. II, 96, 99.--II. M. VIII, 114, 115; Y. II, 95.--20-22. Y. II, 95, 96, 99.--23. Y. II, 98.--33. Y. II, 97. The whole section on ordeals (IX-XIV) agrees very closely with the corresponding section of the Institutes of Nârada (5, 107-9, 8).]

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2. In cases of a criminal action directed against the king, or of violence[1] (they may be administered) indiscriminately.

3. In cases of (denial of) a deposit or of (alleged.)

theft or robbery they must be administered each according to the value (of the property claimed).

4. In all such cases the value (of the object claimed) must be estimated in gold.

5. Now if its value amounts to less than one Krishnala, a Sudra must be made to swear by a blade of Durvâ grass, (which he must hold in his hand);

6. If it amounts to less than two Krishnala, by a blade of Tila;

7. If it amounts to less than three Krishnala, by a blade of silver;

8. If it amounts to less than four Krishnala, by a blade of gold;

9. If it amounts to less than five Krishnala, by a lump of earth taken from a furrow;

10. If it amounts to less than half a Suvarna, a Sudra must be made to undergo the ordeal by sacred libation;

11. If it exceeds that amount, (the judge must administer to him) any one of the (other) ordeals, viz. the ordeal by, the balance, by fire, by water, or by poison, considering duly (the season, &c.)

12. If the amount (of the matter in contest) is twice as high (as in each of the last-mentioned cases), a Vaisya must (in each case) undergo that ordeal which has (just) been ordained (for a Sudra);

13. A Kshatriya (must undergo the same ordeals), if the amount is thrice as high;

[2. 1 See VIII, 2, note.]

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14. A Brâhmana, if it is four times as high. He is, however, not subject to the ordeal by sacred libation.

15. No judge must administer the (ordeal by) sacred libation to a Brâhmana;

16. Except if it be done as a preliminary proof of his dealing fairly in some future transaction.

17. Instead of (administering the ordeal by) sacred libation to a Brâhmana (in suits regarding an object, the value of which amounts to less than two Suvarnas), let the judge cause him to swear by a lump of earth taken from a furrow.

18. To one formerly convicted of a crime (or of perjury) he must administer one of the ordeals, even though the matter in contest be ever so trifling.

19. But to one who is known (and esteemed) among honest men and virtuous, he must not (administer any ordeal), even though the matter in contest be ever so important.

20. The claimant must declare his willingness to pay the fine (which is, due in case of his being defeated);

21. And the defendant must go through the ordeal.

22. In cases of a criminal action directed against the, king, or of violence (an ordeal may be administered) even without (the claimant) promising to pay the fine (due in case of defeat in ordinary suits).

23. To women, Brâhmanas, persons deficient in an organ of sense, infirm (old) men, and sick persons, the (ordeal by the) balance must be administered.

24. But it must not be administered to them while a wind is blowing.

p. 55

25. The (ordeal by) fire must not be administered to lepers, to infirm persons, or to blacksmiths;

26. Nor must it ever be administered in autumn or summer.

27. The (ordeal by) poison must not be administered to lepers, bilious persons, or Brâhmanas;

28. Nor during the rainy season.

29. The (ordeal by) water must not be administered to persons afflicted with phlegm or (another) illness, to the timid, to the asthmatic, nor to those who gain their subsistence from water (such as fishermen and the like);

30. Nor during (the two cold seasons) Hemanta and Sisira (or from middle of November to middle of March);

31. The (ordeal by) sacred libation must not be administered to atheists;

32. Nor when the country is afflicted with disease or pestilence.

33. Let the judge summon the defendant at the time of sunrise, after having, fasted on the previous day and bathed in his clothes, and make him go through all the ordeals in the presence of (images of) the gods and of the (assessors and other) Brâhmanas.

 

 

         

 

p. 55

X.

1. Now follows the (rule regarding the ordeal by) balance.

[29. Nand. infers from a text of Nârada (not found in his Institutes), that the plural is made use of in this Sutra in order to include women, children, sickly, old, and feeble persons.

32. According to Nand., the particle ka is used here in order to include fire, wind, grasshoppers, and other plagues.

X. 5, 6. Y. II, 100.]

p. 56

2; The transverse beam, by which the balance is to be suspended, should be fastened upon two posts, four Hastas above the ground (each), and should be made two Hastas long.

3. The beam of the balance should be made of strong wood (such as that of the Khadira or Tinduka trees), five Hastas long, and the two scales must be suspended on both sides of it, (and the whole suspended upon the transverse beam by means of an iron hook).

4. A man out of the guild of goldsmiths, or of braziers, should make it equal on both sides.

5. Into the one scale the person (who is to be tried by this ordeal) should be placed, and a stone (or earth or bricks) or some other (equivalent) of the same weight into the other.

6. The equivalent and the man having been made equal in weight and (the position of the scales) well marked, the man should be caused to descend from the balance.

[2. One Hasta, 'cubit,' the modern 'hath,' equals two Vitasti, 'spans,' and 24 Angulas, 'digits,' the modern Angul. See Prinsep, Useful Tables, p. 122.

3. See the plate of balance, according to the statements of Indian legislators, in Professor Stenzler's Essay, 'Uber die ind. Gottesurtheile,' journal of the German Oriental Society, IX.

4. Nand. infers from the use of the plural number and from a passage of Pitâmaha and Nârada (see the Institutes of the latter, 5, 122), that merchants may also be appointed for this purpose.

6. Nand. refers the term sukihnitau kritvâ to the man and to the equivalent, both having to be marked 'with the king's seal or in some other way, in order that no one may suspect the weight of the equivalent or of the man to have been increased or lessened by the addition or removal of other objects, or of clothes, ornaments, and the like.' 'Others' explain the term in the way in which it has been rendered above.]

p. 57

7. Next (the judge) should adjure by (the following) imprecations the balance

8. And the person appointed to look after the weighing:

9. Those places of torture which have been prepared for the murderer of a Brâhmana, or for a false witness, the same places are ordained for a who person appointed to look after the weighing, who acts fraudulently in his office.

10. 'Thou, O balance (dhata), art called by the same name as holy law (dharma); thou, O balance, knowest what mortal., do not comprehend.

11. 'This man, being arraigned in a cause, is weighed upon thee. Therefore mayest thou deliver him lawfully from this perplexity.'

12. Thereupon the judge should have him placed, into the one scale again. If he rises in it, he is freed from the charge according to law.

13. In case of the strings bursting, or of the splitting of the transverse beam, the man should be placed in the scale once more. Thus the facts will be ascertained positively, and a just sentence be the result.

 

 

         

 

p. 57

XI.

1. Now follows the (rule regarding the ordeal by) fire.

2. He must make seven circles, sixteen Angulas in breadth each, the intervals being of the same breadth.

3. Thereupon he must place seven leaves of the

[XI. 2-9. Y. II, 103, 105-107.--11. Y. II, 104.

2. 1 See X, 2, note.

3. Nand. takes the term tatah, 'thereupon,' to imply that he {footnote p. 58} must previously examine the hands of the person about to perform the ordeal and mark existing scars or eruptions of the skin, as prescribed in Sutra 10.]

p. 58

holy fig-tree into the hands of the person (about to perform the ordeal), who must turn his face towards the east and stretch out both arms.

4. Those (leaves) and his hands he must bind together with a thread.

5. Then he must place into his hands a ball made of iron, red-hot, fifty Palas in weight, and smooth.

6. Having received this, the person must proceed through the (seven) circles, without either walking at a very hurried pace, or lingering on his way.

7. Finally, after having passed the seventh circle, he must put down the ball upon the ground.

8. That man whose hands are burnt ever so little, shall be deemed guilty; but if he remains wholly unburnt, he is freed from the charge.

9. If he lets the ball drop from fear, or if there exists a doubt as to whether he is burnt or not, let him take the ball once more, because the proof has not been decided.

10. At the beginning (of the whole ceremony) the judge shall cause the person to rub some rice in his hands, and shall mark (with red sap, or the like, the already existing scars, eruptions of the skin, &c., which will thus have become visible). Then the judge, after having addressed the iron ball (with the following prayer), shall place it in his hands:

[4. The particle ka implies, according to Nand., that he must further place seven Samî leaves, unbroken grains, Durvâ leaves, and grain smeared with sour milk upon his hands, as ordained in a passage of Pitâmaha.]

p. 59

'Thou, O fire, dwellest in the interior of all creatures, like a witness. O fire, thou knowest what mortals do not comprehend.

12. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.'

 

 

         

 

p. 59

XII.

1. Now follows the (rule regarding the ordeal by) water.

2. (The defendant must enter) water which is free from mud, aquatic plants, (crabs and other) vicious animals, (porpoises or other) large rapacious animals living in water, fish, leeches, and other (animals or plants),

3. The water having been addressed with the Mantras (mentioned hereafter), he must enter it, seizing the knees of another man, who must be free from friendship or hatred, and must dive into the water up to his navel.

4. At the same time another man must discharge an arrow from a bow, which must neither be too strong nor too weak.

5. That arrow must be fetched quickly by another man.

6. He who is not seen above the water in the mean time is proclaimed innocent. But in the contrary case he is (declared) guilty, even though one limb of his only has become visible.

7. 'Thou, O water, dwellest in the interior of all creatures, like a witness. O water, thou knowest what mortals do not comprehend.

[XII. 3-6. Y. II, 108, 109.]

p. 60

8. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him, lawfully from this perplexity.'

 

 

         

 

p. 60

XIII.

Now follows the (rule regarding the ordeal by) poison.

2. All (other) sorts of poison must be avoided (in administering this ordeal),

3. Except poison from the Shringa tree, which grows on the Himâlayas.

4. (Of that) the judge must give seven grains, mixed with clarified butter, to the defendant (while reciting the prayer hereafter mentioned).

5. If the poison is digested easily, without violent symptoms, he shall recognise him as innocent, and dismiss him at the end of the day.

6. 'On account of thy venomous and dangerous nature thou art destruction to all living creatures; thou, O poison, knowest what mortals, do not comprehend.

7. 'This man being arraigned in a cause, desires to be cleared from guilt. Therefore mayest thou deliver him lawfully from this perplexity.'

 

 

         

 

p. 60

XIV.

1. Now follows the (rule regarding the ordeal by) sacred libation.

2. Having invoked terrible deities (such as Durgâ, the Âdityas or others, the defendant) must drink three handfuls of water in which (images of) those deities have been bathed,

[XIII. 3, 5-7. Y. II, 110, 111.

XIV. 2, 4, 5. Y. II, 112, 113.]

p. 61

3. Uttering at the same time the words, 'I have not done this,' with his face turned towards the deity (in question).

4. He to whom (any calamity) happens within a fortnight or three weeks (such as an illness, or fire, or the death of a relative, or a heavy visitation by the king),

5. Should be known to be guilty; otherwise (if nothing adverse happens to him), he is freed from the charge. A just king should honour (with presents of clothes, ornaments, &c.) one who has cleared himself from guilt by an ordeal.

 

 

         

 

p. 61

XV[1]

1. Now there are twelve kinds of sons.

2. The first is the son of the body, viz. he who is begotten (by the husband) himself on his own lawfully wedded wife.

3. The second is the soil begotten on a wife, viz. one begotten by a kinsman allied by funeral oblations, or[1] by a member of the highest caste, on an appointed (wife or widow).

[XV. 1-29. M. IX, 127, 136, 158-181; Y. II, 127-132; Gaut. XXVIII, 18, 19, 32, 33; Colebrooke, Dig. V, 4, CLXXXV; V, 4, CCXV.--28-30. Colebrooke, Dig. V, 4, CCXCIX.--30. M. IX, 163.--31. Colebrooke, Dig. V, 3, CCCXXVII.--32-34. M. IX, 201-203; Y. II, 140, 141; Gaut. XXVIII, 43, 44.--32. Âpast. II, 6, 14, I.--34-38. Colebrooke, Dig. V, 5, CCCXXVII.--40. M. IX, 180; Y. II, 132.--41, 42. M. IX, 182, 183.--44. M. IX, 138; Colebrooke, Dig. V, 4, CCCII.--45-47. M. IX, 106, 137, 139. Of Chapters XV and XVII an excellent translation has been published by Dr. Buhler in the Bombay Digest (1, 1 338-343). I have followed him literally almost throughout.

3. 1 I have translated the reading votpâditah, which was no doubt {footnote p. 62} the reading of Nandapandita, as he paraphrases the whole clause as follows, 'begotten by an elder or younger brother of the husband; on failure of such, by a kinsman allied by funeral oblations on failure of him, by one belonging to the same gotra (race) as the husband; on failure of him, by one descended from the same Rishi ancestors as he; on failure of him, by a member of the highest caste, i. e. a Brâhmana.' The above reading is also found in the London MS. of the text and in the two Calcutta editions. Dr. Buhler's MS., in which Nand.'s Commentary on this chapter is wanting, has kotpâditah, and he translates accordingly, 'begotten by a kinsman . . ., who belongs to the highest caste.' The same reading is found in a quotation contained in Gagannâtha and Colebrooke's Dig. loc. cit. (I quote from a very good though fragmentary Bengali MS. in my possession), where, however, this clause runs as follows, niyuktâyâm savarnena kotpâditah, 'begotten by a man of equal class on a widow duly appointed,' Colebrooke. The other Smritis do not speak of the appointment of others than kinsmen to beget a son on a widow, or wife of a eunuch, &c., unless Yâgshavalkya's words (II, 128) sagotrenetarena vâ, 'by a Sagotra or by another,' may be rendered, contrary to Vigshânesvara's interpretation, by 'a kinsman or one who is no kinsman.']

p. 62

4. The third is the son of an appointed daughter.

5. She is called an appointed daughter, who is given away by her father with the words, 'The son whom she bears be mine.'

6. A damsel who has no brother is also (in every case considered) an appointed daughter, though she has not been given away according to the rule of an appointed daughter.

7. The son of a twice-married woman is the fourth.

8. She who, being still a virgin, is married for the second time is called twice married (punarbhu).

9. She also is called twice married (punarbhu) who, though not legally married more than once, has lived with another man before her lawful marriage.

p. 63

10. The son of an unmarried damsel is the fifth.

11. (He is called so who is) born by an unmarried daughter in the house of her father.

12. And he belongs to the man who (afterwards) marries the mother.

13. The son who is secretly born in the house is the sixth.

14. He belongs to him in whose bed he is born.

15. The son received with a bride is the seventh.

16. He (is called so who) is the son of a woman married while she was pregnant.

17. And he belongs to the husband (of the pregnant bride).

18. The adopted son (dattaka) is the eighth.

19. And he belongs to him to whom he is given by his mother or father.

20. The son bought is the ninth.

21. And he belongs to him by whom he is bought.

22. The son self-given is the tenth.

23. And he belongs to him to whom he gave himself

24. The son cast away is the eleventh.

25. (He is called so) who was forsaken by his father or mother (or by both).

26. And he belongs to him by whom he is received.

27. The son born by any woman whomsoever[1] is the twelfth.

[27. 1 Yatra kvakanotpâdita, 'born wherever,' means, according to Nand., 'begotten anyhow, but otherwise than the above-mentioned sons, upon a woman, whether one's own wife, or another man's wife, whether equal in caste or not, whether legally married to the {footnote p. 64} begetter or not, whether still a virgin or not,' &c. But he adds a very lengthy discussion, the upshot of which is, that the term yatra kvakanotpâdita is applicable to adopted sons only, who, although they are considered as the sons of the adopter, or of the legitimate husband of the woman, upon whom they were begotten by another, may also become heirs to the begetter, in case he has no other son. 'Or this term refers to the son of a Sudra concubine, whom Manu calls Pârasava' (M. IX, 178). The latter interpretation agrees with the one proposed by Dr. Buhler, who identifies the yatra kvakanotpâdita with the 'Nishâda and Pârasava of other lawyers,' especially of Baudhâyana (11, 2, 22), and with the view taken by Gagannâtha, who thinks that the Saudra (son of a Sudra woman) is meant.]

p. 64

28. Amongst these (sons) each preceding one is preferable (to the one next in order).

29. And he takes the inheritance (before the next in order).

30. And let him maintain the rest.

31. He should marry unmarried (sisters) in a manner correspondent with the amount of his property.

32. Outcasts, eunuchs, persons incurably diseased, or deficient (in organs of sense or actions, such as blind, deaf, dumb, or insane persons, or lepers) do not receive a share.

33. They, should be maintained by those who take the inheritance.

34. And their legitimate sons receive a share.

35. But not the children of an outcast;

36. Provided they were born after (the commission of) the act on account of which the parents were outcasted.

37. Neither do children begotten (by husbands of

[32. 'The particle tu, "but," indicates that those who have entered the order of ascetics must also be understood here.' (Nand.)

34. 'The particle ka indicates that sons begotten on their wives (Kshetragas) shall also receive a share.' (Nand.)]

p. 65

an inferior caste) on women of a higher caste receive a share,

38. Their sons do not even receive a share of the wealth of their paternal grandfathers.

39. They should be supported by the heirs.

40. And he who inherits the wealth, presents the funeral oblation (to the deceased).

41. Amongst wives of one husband also the son of one is the son of all (and must present funeral oblations to them after their death).

42. Likewise, amongst brothers begotten by, one (father, the son of one is the son of all, and must present funeral oblations to them all).

43. Let a son present the funeral oblations to his father, even though he inherit no property.

44. Because he saves (trâyate) his father from the hell called Put, therefore (a male child) is called put-tra (protector from Put, son) by Svayambhu himself

45. He (the father) throws his debt on him (the son); and the father obtains immortality, if he sees the face of a loving son.

46. Through a son he conquers the worlds. through a grandson he obtains immortality, and through the soil's grandson he gains the world of the sun.

47. No difference is made in this world between the son of a son and the son of a daughter; for even a daughter's son works the salvation of a childless man, just like a son's son.

[44. 'Svayambhu means the Veda.' (Nand.)]

p. 66

 

 

         

 

p. 66

XVI.

1. On women equal in caste (to their husbands) sons are begotten, who are equal in caste (to their fathers).

2. On women of lower caste than their husbands sons are begotten, who follow the caste of their mothers.

3. On women of higher caste than their husbands sons are begotten, who are despised by the twice-born.

4. Among these, the son of a Sudra with a Vaisya woman is called Âyogava.

5. The Pukkasa and Mâgadha are sons of a Vaisya and Sudra respectively with a Kshatriya woman.

6. The Kandâla, Vaidehaka, and Suta are the sons of a Sudra, Vaisya, and Kshatriya respectively with a Brâhmana woman.

7. Besides these, there are innumerable other mixed castes produced by further intermixture between those that have been mentioned.

8. Âyogavas must live by artistic performances (such as public wrestling, dancing, and the like).

9. Pukkasas must live by hunting.

10. Mâgadhas must live by calling out in public the good qualities (of saleable commodities).

11. Kandâlas must live by executing criminals sentenced to death.

[XVI. Y. M. X, 5; Y. I, 90; Âpast. II, 6, 13, 1.--4-6. M. X, 11, 12; Y. I, 93, 94; Gaut. IV, 17.--7. M. X, 31.--8-15. M. X, 47-53.--17. M. X, 57.--18. M. X, 62.

10. According to Manu (X, 47) the Mâgadhas are to live by traffic.]

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12. Vaidehakas must live by keeping (dancing girls and other public) women and profiting by what they earn.

13. Sutas must live by managing horses.

14. Kandâlas must live out of the town, and their clothes must be the mantles of the deceased. In this their condition is different (from, and lower than that of the other mixed castes).

15. All (members of mixed castes) should have intercourse (of marriage, and other community) only between themselves.

16. (In the lower castes also) the son inherits the property of his father.

17. All members of those mixed castes, whether their descent has been kept secret or is generally known, may be found out by their acts.

18. Desertion of life, regardless of reward, in order to save a Brâhmana, or a cow, or for the sake of a woman or child, may confer heavenly bliss even upon (members of those) base castes.

 

 

         

 

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XVII.

1. If a father makes a partition with his sons, he may dispose of his self-acquired property as he thinks best.

[XVII. I. Y. II, 114.--2. Y. II, 121.--3. M. IX, 216; Y. II, 122; Gaut. XXVIII, 29; Colebrooke, Dig. V, 2, CII.--4-16. M. IX, 185-189; Y. II, 135-137; Âpast. II, 6, 14, 2-5; Gaut. XXVIII, 21.--4-13, 15. Colebrooke, Dig. V, 8, CCCCXVII; V, 8, CCCCLIX.--17. M. IX, 211, 212; Y. II, 138; Gaut. XXVIII, 28.--18. M. IX, 194, 195; Y. II, 143, 144; Colebrooke, Dig. V, 9, CCCCLVII.--19. M. IX, 196; Y. II, 145.--20. M. IX, 197; Y. II, 145.--21. M. IX, 192; Y. II, 145; Gaut. XXVIII, 24; Colebrooke, Dig. V, 9, CCCCXCIV.--22. M. IX, 200; Colebrooke, Dig. V, 9, CCCCLXXIII.--23. Y. II, 120.]

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2. But in regard to wealth 'inherited of the paternal grandfather, the ownership of father and son is equal.

3. (Sons), who have separated from their father, should give a share to (a brother) who is born after partition.

4. The wealth of a man who dies without male issue goes to his wife;

5. On failure of her, to his daughter;

6. On failure of her, to his father;

7. On failure of him, to his mother;

8. On failure of her, to his brother;

9. On failure of him, to his brother's son;

10. On failure of him, to the relations called Bandhu;

11. On failure of them, to the relations called Sakulya;

12. On failure of them, to a fellow-student;

13. On failure of him, it goes to the king, with the exception of a Brâhmana's property.

14. The property of a Brâhmana goes to (other) Brâhmanas.

[8. 'On failure of brothers the sister inherits.' (Nand.)

9. 'On failure of a brother's son the, sister's son inherits.' (Nand.)

10. Bandhu means Sapinda (allied by funeral oblations). The inheritance goes first: to the Sapindas on the father's side in thc following order: (the brother's son), the brother's grandson, the grandfather, his son, grandson, and great-grandson, the great-grandfather, his son, grandson, and great-grandson. Then follow the mother's Sapindas in the same order. (Nand.)

11. Sakulya means distant kinsmen, beginning with the fifth in descent and ascent. On failure of such, the inheritance goes to the spiritual teacher; on failure of him, to a pupil of the deceased, as ordained by Âpastamba (II, 6, 14, 3); and on failure of him, to a fellow-student, as stated in Sutra 12. (Nand.)]

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15. The wealth of a (deceased) hermit shall be taken by his spiritual teacher;

16. Or his pupil (may take it).

17. But let a reunited coparcener take the share of his reunited coparcener who has died (without issue), and a uterine brother that of his uterine brother, and let them give (the shares of their deceased coparceners and uterine brothers) to the sons of the latter.

18. What has been given to a woman by her father, mother, sons, or brothers, what she has received before the sacrificial fire (at the marriage ceremony), what she receives on supersession, what has been given to her by her relatives, her fee (Sulka), and a gift subsequent, are called 'woman's property' (Strîdhana).

19. If a woman married according to (one of the first) four rites, beginning with the Brâhma rite, dies without issue, that (Strîdhana) belongs to her husband.

20. (If she has been married) according to (one of) the other (four reprehensible rites), her father shall take it.

[18. 'Sulka, "fee," denotes the price or value of a house or other valuable object presented to the bride by her father; or it means the fee paid for her by the bridegroom.' (Nand.) The latter interpretation is evidently the correct one. The bride's 'fee' (see Gaut. XXVIII, 25), from being originally the price due to the parents or guardian of the bride for surrendering her to the bridegroom, became in after times a wedding present, which the bride received from the bridegroom either directly or through her parents. This is the only way to account for the Sulka being enumerated among the constituent parts of Strîdhana in this place. See also I. D. Mayne, Hindu Law and Usage, §§ 77, 566; Mayr, Indisches Erbrecht, 170 seq.; Jolly, Stellung der Frauen, 23, note

19, 20, See XXIV, 17-27.]

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21. If she dies leaving children, her wealth goes in every case to her daughter.

22. Ornaments worn by women when their husbands were alive, the heirs shall not divide among themselves; if they divide them, they become outcasts.

23. (Coparceners) descended from different fathers must adjust their shares according to the fathers. Let each take the wealth due to his father, no other (has a right to it).

 

 

         

 

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XVIII.

1. If there are four sons of a Brâhmana (springing from four different wives) of the four castes, they shall divide the whole estate of their father into ten parts.

2. Of these, let the soil of the Brâhmana wife take four parts;

3. The son of the Kshatriya wife, three parts;

4. The son of the Vaisya wife, two parts;

5. The son of the Sudra wife, a single part.

[22. My rendering of this Sloka is based upon Kulluka's interpretation of the identical passage of Manu (IX, 200), which is supported by Vigshânesvara (Mitâksharâ I, 4, 19 in Colebrooke's version), Mâdhava (Burnell, Dâya-Vibhâga 51), Varadarâga (Burnell, Varadarâga's Vyavahâranîrnaya 49), and others. Nand. proposes a different interpretation, on which rests Dr. Buhler's rendering, 'Those ornaments, which the wives usually wear, should not be divided by the heirs whilst the husbands are alive.'

XVIII. 1-5. M. IX, 149, 151-153; Y. II, 125.--11, 25-27. Y. II, 125.--1-31, 38-40. Colebrooke, Dig. V, 3, CLIII.--32-37. Colebrooke, Dig. V, 3, CLXXII. V, 2, LXXXVI; V, 1, LIV.--36. Y. II, 114;--Âpast. II, 6, 14, 1.--41. M IX, 210.--42, 43. M. IX, 208, 209; Y. II, 118, 119.--44. M. IX, 219; Gaut. XXVIII, 46, 47.--43, 44. Colebrooke, Dig. V, 2, XCI; V, 5, CCCLXIII.]

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6. Again, if there are three sons of a Brâhmana (by wives of different castes), but no son by a Sudra (wife) among them, they shall divide the estate into nine parts.

7. (Of these) let them take, each in the order of his caste, shares amounting to four, three, and two parts of the whole respectively.

8. (If there are three sons by wives of different castes, but) no Vaisya among them, they shall divide the estate into eight parts, and take four parts, three parts, and one part respectively.

9. (If there are three sons, but) no Kshatriya among them, they shall divide it into seven parts, and take four parts, two parts, and a single part respectively.

10. If there is no Brâhmana, among them, they hall divide it into six parts, and take three parts, two parts, and a single part respectively.

11. If there are sons of a Kshatriya by a Kshatriya, a Vaisya, and a Sudra wife, the mode of division shall be the same (i.e. the estate shall be divided into six parts, &c.)

12. Again, if there are two sons of a Brâhmana, the one belonging to the Brâhmana and the other to the Kshatriya caste, they shall divide the estate into seven parts; and of these the Brâhmana son shall take four parts;

13. The Kshatriya son, three parts.

14. Again, if there are two sons of a Brâhmana, and the one belongs to the Brâhmana and the other to the Vaisya caste, the estate shall be divided into six parts; and of these, the Brâhmana shall take four parts;

15. The Vaisya, two parts.

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10. Again, if there are two sons of a Brâhmana, and the one belongs to the Brâhmana and the other to the Sudra caste, they shall divide the estate into five parts;

17. And of these, the Brâhmana shall take four parts;

18. The Sudra, a single part.

19. Again, if there are two sons of a Brâhmana or a Kshatriya, and the one belongs to the Kshatriya and the other to the Sudra caste, they shall divide the estate into five parts;

90. And of these, the Kshatriya shall take three parts;

21. The Sudra, one part.

22. Again, if there are two sons of a Brâhmana or a Kshatriya, and the one belongs to the Kshatriya, the other to the Sudra caste, they shall divide the estate into four parts;

23. And of these, the Kshatriya shall take three parts;

24. The Sudra, a single part.

25. Again, if there are two sons of a Brâhmana or a Vaisya or a Sudra, and the one belongs to the Vaisya, the other to the Sudra caste, they shall divide the estate into three parts;

26. And of these, the Vaisya shall take two parts;

27. The Sudra, a single part,

28. If a Brâhmana has an only son, he shall take the whole estate, provided he be a Brâhmana, Kshatriya, or Vaisya.

29. If a Kshatriya has (an only son who is) either a Kshatriya or a Vaisya, (the rule shall be the same.)

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30. If a Vaisya has (an only son who is) Vaisya, (the rule shall also be the same);

31. (And so shall the only) son of a Sudra (be sole heir) to his Sudra (father).

32. A Sudra, who is the only son of a father belonging to a twice-born caste, shall inherit one-half of his property;

33. The other half shall devolve in the same way as the property of one who died without leaving issue.

34. Mothers shall receive shares proportionate to their son's shares;

35. And so shall unmarried daughters.

36. Sons, who are equal in caste (to their father), shall receive equal shares.

37. A best part (the twentieth part of the inheritance, &c.) shall be given to the eldest, as his additional share.

38. If there are two sons by a Brâhmana and one by a Sudra wife, the estate shall be divided into nine parts; and of these, the two sons of the Brâhmana wife shall take two parts, the one son of the Sudra wife, a single part.

39. If there are two sons by a Sudra, and one son by a Brâhmana wife, the estate shall be divided into six parts; and of these, the son of the Brâhmana wife shall take four parts, and the two sons of the Sudra wife together shall take two parts.

40. Upon the same principles the shares have to be adjusted in other cases also.

[33. See XVII, 4 seq.

34. 'That is to say, a Brâhmana wife shall take four parts, a Kshatriya wife, three parts,' &c. (Nand.)

37. See Gaut. XXVIII, 5.]

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41. If (brothers), who after a previous division of the estate live again together as parceners, should make a second partition, the shares must be equal in that case, and the eldest has no right to an additional share.

42. What a brother has acquired by, his own efforts, without using the patrimony, he must not give up (to his brothers or other co-heirs), unless by his own free will; for it was gained by his own exertion.

43. And if a man recovers (a debt or other property), which could not before be recovered by his father, he shall not, unless by his own free will, divide it with his sons; for it is an acquisition made by himself.

44. Apparel, vehicles[1] (carriages or riding-horses), and ornaments (such as are usually worn according to the custom of the caste), prepared food, water (in a well or pool), females (slaves or mistresses of the deceased), property destined for pious uses or sacrifices, a common pasture-ground[2], and a book, are indivisible.

[42. The term svayamîhitalabdham has been translated according to Kulluka (on M. IX, 208). Nand. interprets this Sloka thus, 'What a brother has acquired by his own efforts, and what has been given to him, at his desire (by friends or others), he must not give up,' &c.

43. Here again I have followed Kulluka (on M. IX, 209), and deviated from Nand.'s interpretation, who renders this Sloka as follows, 'If a man recovers property, &c., or if he gains property by himself (by his learning or valour, &c.) . . . '

44. 1 The term pattra has been rendered above in accordance with the first interpretation proposed by Nand., and with Kulluka's interpretation (on M. IX, 219). Vigshânesvara (in his comment upon the same passage of Manu) refers it to written documents, such especially as relate to a debt to be paid to the deceased; and {footnote p. 75} this interpretation is mentioned by Nand. also. But there is no reason why an unliquidated demand should not be divided; and written documents are only twice referred to in the code of Manu (VIII, 168, and IX, 232).--2 in translating the term prakâra I have again followed Kulluka loc. cit.; see also Petersburg Dictionary s. v. Nand. interprets this term as denoting 'a path leading to or from the house.']

p. 75

 

 

         

 

p. 75

XIX.

1. He must not cause a member of a twice-born caste to be carried out by a Sudra (even though he be a kinsman of the deceased);

2. Nor a Sudra by a member of a twice-born caste.

3. A father and a mother shall be carried out by their sons (who are equal in caste to their parents).

4. But Sudras must never carry out a member of a twice-born caste, even though he be their father.

5. Those Brâhmanas who carry out (or follow the corpse of) a (deceased) Brâhmana who has no relatives shall attain a mansion in heaven.

6. Those who have carried out a dead relative and burnt his corpse, shall walk round the pile from left to right, and then plunge into water, dressed in their clothes.

7. After having offered a libation of water to the deceased, they must place one ball of rice on blades of Kusa grass, (and this ceremony has to be repeated on each subsequent day, while the period of impurity lasts.)

8. Then, having changed their dress, they must

[XIX. 1. M. V, 104.--2. V. III, 26.--6 M.V, 103; Y. III, 26.--7, 8. Y. III, 7, 12, 13.--14-17. M. V, 73; Y. III, 16. 'Chapters XIX-XXXII contain the section on Âkâra, "Holy Usage." (Nand.)]

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bite Nimba leaves between their teeth, and having stepped upon the stone threshold, they must enter the house.

9. Then they must throw unbroken grains into the fire.

10. On the fourth day they must collect the bones that have been left.

11. And they must throw them into water from the Ganges.

12. As many bones of a man are contained in the water of the Ganges, so many thousands of years will he reside in heaven.

13. While the term of impurity lasts, they must continually offer a libation of water and a ball of rice to the deceased.

14. And they must eat food which has been bought, or which they have received unsolicited.

15. And they, must eat no meat.

16. And they must sleep on the ground.

17. And they must sleep apart.

18. When the impurity is over, they must walk forth from the village, have their beards shaved, and having cleansed themselves with a paste of sesamum, or with a paste of mustard-seed, they must change their dress and re-enter the house.

19. There, after reciting a propitiatory prayer, they must honour the Brâhmanas.

[13. The duration of the impurity varies according, to the caste &c. of the deceased. See XXII.

14. The particle ka, according to Nand., indicates that factitious salt must also not be used by them, as stated in a Smriti.

15. Nand. refers the particle ka to an implied prohibition to eat fish, which he quotes from a text of Gautama (not found in his Institutes).]

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20. The gods are invisible deities, the Brâhmanas are visible deities.

21. The Brâhmanas sustain the world.

22. It is by the favour of the Brâhmanas that the gods reside in heaven; a speech uttered by Brâhmanas (whether a curse or a benediction) never fails to come true.

23. What the Brâhmanas pronounce, when highly pleased (as, if they promise sons, cattle, wealth, or some other boon to a man), the gods will ratify; when the visible gods are pleased, the invisible gods are surely pleased as well.

24. The mourners, who lament the loss of a relative, shall be addressed by men gifted with a tranquil frame of mind with such consolatory speeches as I shall now recite to thee, O Earth, who art cherished to my, mind.

 

 

         

 

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XX.

1. The northern progress of the sun is a day, with the gods.

2. The southern progress of the sun is (with them) a night.

3. A year is (with them) a day and a night;

4. Thirty such are a month;

5. Twelve such months are a year.

6. Twelve hundred years of the gods are a Kaliyuga.

[XX. 1-3. M. I, 67.--6-9. M. I, 69, 70.--10. M. I, 71.--11. M. I, 79.--12-14. M. I, 72.--30. Y. III, 11.

6. The Kaliyuga itself consists of a thousand years only; but it is both preceded and followed by a twilight lasting a hundred years. It is similar with the three other Yugas. (Nand.)]

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7. Twice as many (or two thousand four hundred) are a Dvâpara (Yuga).

S. Thrice as many (or three thousand six hundred) are a Tretâ (Yuga).

9. Four times as many (or four thousand eight hundred) are a Krita Yuga.

10. (Thus) twelve thousand years make a Katuryuga (or period of four Yugas).

11. Seventy-one Katuryugas make a Manvantara (or period of a Manu).

12. A thousand Katuryugas make a Kalpa.

13. And that is a day of the forefather (Brahman).

14. His night also has an equal duration.

15. If so many such nights and days are put together that, reckoned by the month and by the year, they make up a period of a hundred years (of Brahman) it is called the age of one Brahman.

16. A day of Purusha (Vishnu) is equal in duration to the age of one Brahman.

17. When it ends, a Mahâkalpa is over.

18. The night following upon it is as long.

19. The days and nights of Purusha that have gone by are innumerable;

20. And so are those that will follow.

21. For Kâla (time) is without either beginning or end.

22. Thus it is, that in this Kâla (time), in whom there is nothing to rest upon, and who is everlasting, I can espy nothing created in which there is the least stability.

23. The sands in the Ganges and (the waters pouring down from the sky) when Indra sends rain

[21. 'Kâla means Vishnu in this place.' (Nand.)]

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can be counted, but not the number of 'Forefathers' (Brahmans) who have passed away.

24. In each Kalpa, fourteen chiefs of the gods (Indras) go to destruction, as many rulers of the world (kings), and fourteen Manus.

25. And so have many thousands of Indras and hundred thousands of princes of the Daityas (such as Hiranyakasipu, Hiranyâksha, and others) been destroyed by Kâla, (time). What should one say of human beings then?

26. 'Many royal Rishis too (such as Sagara), all of them renowned for their virtues, gods and Brahmanical Rishis (such as Kasyapas) have perished by the action of Kâla.

27. Those even who have the power of creating and annihilating in this world (the sun, moon, and other heavenly bodies) continually perish by the act of Kâla; for Kâla (time) is hard to overcome.

28. Every creature is seized upon by Kâla and carried into the other world. It is the slave of its actions (in a former existence). Wherefore then should you wail (on its death)?

29. Those who are born are sure to die, and those who have died are sure to be born again. This is inevitable, and no associate can follow a man (in his passage through mundane existence).

30. As mourners will not help the dead in this world, therefore (the relatives) should not weep, but perform the obsequies to the best of their power.

31. As both his good and bad actions will follow

[27. Here also Kâla, the god of time, is another name for Vishnu. (Nand.)

29. The same proverb occurs in the Râmâyana II, 84, 21, and in the Bhagavadgitâ II, 27. See Bthtlingk, Ind. Spruche, 2383.]

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him (after death) like associates. what does it matter to a man whether his relatives mourn over him or no?

32. But as long as his relatives remain impure, the departed spirit finds no rest, and returns to visit (his relatives), whose duty it is to offer tip to him the funeral ball of rice and the water libation.

33. Till the Sapindîkarana[1] has been performed, the dead man remains a disembodied spirit (and is afflicted with hunger and thirst). Give rice and a jar with water to the man who has passed into the abode of disembodied spirits.

34. Having passed into the abode of the manes (after the performance of the Sapindîkarana) he enjoys in the shape of celestial food his portion of the Srâddha (funeral oblation); offer the Srâddha, therefore, to him who has passed into the abode of the manes.

35. Whether he has become a god, or stays in hell, or has entered the body of an animal, or of a human being, he will receive the Srâddha offered to him by his relatives.

36. The dead person and the performer of the Srâddha are sure to be benefitted by its performance. Perform the Srâddha always, therefore, abandoning bootless grief.

37. This is the duty which should be constantly discharged towards a dead person by his kinsmen; by mourning a man will neither benefit the dead nor himself.

38. Having seen that no help is to be had from this world, and that his relations are dying (one after

[33. 1 See XXI, 12.]

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the other), you must choose virtue for your only associate, O ye men.

39. Even were he to die with him, a kinsman is unable to follow his dead relative: all excepting his wife are forbidden to follow him on the path of Yama.

40. Virtue alone will follow him, wherever he, may go; therefore do your duty unflinchingly in this wretched world.

41. To-morrow's business should be done to-day, and the, afternoons business in the forenoon; for death will not wait, whether a person has done it or not.

42. While his mind is fixed upon his field, or traffic, or his house, or while his thoughts are engrossed by some other (beloved) object, death suddenly carries him away as his, prey, as a she-wolf catches a lamb.

43. Kâla (time) is no one's friend and no one's enemy: when the effect of his acts in a former existence, by which his present existence is caused, has expired, he snatches a man away forcibly.

44. He will not die before his time has come, even though he has been pierced by a thousand shafts; he will not live after his time is out, even though he has only been touched by the point of a blade of Kusa grass.

45. Neither drugs, nor magical formulas, nor

[39. This is an allusion to the custom of Sattee. (Nand.) See XXV, 14.

41. This proverb is found in the Mahâbhârata also (XII, 6536. &c.) See Bthtlingk, Ind. Spruche, 6595.

43. This proverb is also found in the Mahâbhârata XI, 68, and Râmâyana IV, 18, 28, and other works. See Bthtlingk, 3194.

45. 'Neither will presents of gold (to Brâhmanas) or other such {footnote p 82} acts of liberality save him, as the use of the particle ka implies.' (Nand.)]

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burnt-offerings, nor prayers will save a man who is in the bonds of death or old age.

46. An impending evil cannot be averted even by a hundred precautions; what reason then for you to complain?

47. Even as a calf finds his mother among a thousand cows, an act formerly done is sure to find the perpetrator.

48. Of existing beings the beginning is unknown, the middle (of their career) is known, and the end again unknown; what reason then for you to complain?

49. As the body of mortals undergoes (successively the vicissitudes of) infancy, youth, and old age, even so will it be transformed into another body (hereafter); a sensible man is not mistaken about that.

50. As a man puts on new clothes in this world, throwing aside those which he formerly wore, even so the self of man puts on new bodies, which are in accordance with his acts (in a former life).

51. No weapons will hurt the self of man, no fire burn it, no waters moisten it, and no wind dry it up.

52. It is not to be hurt, not to be burnt, not to be moistened, and not to be dried up; it is imperishable, perpetual, unchanging, immovable, without beginning.

[47. This proverb is also found in the Mahâbhârata XII, 6760, Pashkatantra II, 134, and other works. See Bthtlingk, Ind. Spruche, 5114.

48. This proverb is also found in the Bhagavadgitâ. II, 28. See Bthtlingk, Ind. Spruche, 704.

50. Regarding transmigration, see below, XLIV, XLV.]

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53. It is (further) said to be immaterial, passing all thought, and immutable. Knowing the self of man to be such, you must not grieve (for the destruction of his body).

 

 

         

 

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XXI.

1. Now then [1], (on the day) after the impurity is over, let him bathe duly (during the recitation of Mantras), wash his hands and feet duly, and sip water duly, (and having invited some Brâhmanas), as many as possible, who must cleanse themselves in the same way and turn their faces towards the north, let him bestow presents of perfumes, garlands, clothes and other things (a lamp, frankincense, and the like) upon them, and hospitably entertain them.

2. At the Ekoddishta (or Srâddha for one recently deceased) let him alter the Mantras[1] so as to refer to (the) one person (deceased)[2].

[XXI. 1-11. Âsv. IV, 7; Par. III, 10, 48-53; Sânkh. IV, 2; M. III, 247; Y. III, 250, 251, 255.--12-23. Sânkh. IV, 3; V, 9; Y. I, 252-254. Regarding the parallel passages of the Kâthaka Grihya-sutra, see the Introduction.

1. 1 'Having said, in the previous Chapter (XX, 30), that "the obsequies should be performed," he now goes on to describe that part of the obsequies which has not yet been expounded, viz. the "first Srâddha."' (Nand.)

2. 1 The Mantras here referred to are those contained in the description of the Pârvana and other ordinary Srâddhas in Chapter LXXIII. Thus, the Mantra, 'This is your (share), ye manes' (LXXIII, 12, 13), has to be altered into, 'This is thy (share), father;' and so on. Devapâla, in his Commentary on the Kâthaka Grihya-sutra, gives an accurate statement of all the modifications which the ordinary Mantras have to undergo at the Ekoddishta.-- 2 Nand. states that not only the Mantras, but the whole ritual should be modified. The nature of the latter modifications is stated by Yâgshavalkya loc. cit. and by Sânkhâyana loc. cit.]

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3. Close to the food left (by the Brâhmanas) let him offer a ball of rice, at the same time calling out his name and (that of) his race.

4. The Brâhmanas having taken food and having been honoured with a gift, let him offer, as imperishable food, water to the Brâhmanas, after having called out the name and Gotra of the deceased; and let him dig three trenches, each four Angulas in breadth, their distance from one another and their depth also measuring (four Angulas), and their length amounting to one Vitasti (or twelve Angulas).

5. Close by the trenches let him light three fires, and having added fuel to them, let him make three oblations (of boiled rice) in each (fire, saying),

6. 'Svadhâ and reverence to Soma, accompanied by the manes.

7. 'Svadhâ and reverence to Agni, who conveys the oblations addressed to the manes.

8. 'Svadhâ and reverence to Yama Angiras.'

9. Then let him offer balls of rice as (ordained) before (in Sutra 3) on the three mounds of earth (adjacent to the three trenches).

10. After having filled the three trenches with

[3. This must be done with the Mantra, 'This is for you.' (Nand.) Regarding this Mantra, see note on Sutra 10.

4. The 'imperishable water,' akshayyodakam, derives its name from the Mantra, with which it is delivered, expressing the wish that the meal 'may give imperishable satisfaction' (akshayyam astu). This is the explanation which Nand. gives of the term akshayyodakam in his gloss on LXXIII, 27. In his comment on the present Sutra he says that the 'imperishable water' must be presented with the (further?) Mantras, 'Let arrive' and 'Be satisfied.' See Y. I, 251 Sânkh. IV, 2, 6.

10. The whole Mantra runs as follows, 'This is for you, father,

{footnote p. 85 and for those after you.' But in the present case (at a 'first Srâddha') the name of the deceased has to be substituted for the word 'father.' (Nand.) Although Nand. quotes this Mantra from Âsvalâyana's Srauta-sutra, it seems probable that the author of the Vishnu-sutra took it from the Kâthaka (IX, 6 of the Berlin MS.)] {p. 85}

rice, sour milk, clarified butter, honey, and meat, let him mutter (the Mantra), 'This is for you.'

11. This ceremony he must repeat monthly, on the day of his death.

12. At the close of the year let him give food to the Brâhmanas, after having fed the gods first, in honour of the deceased and of his father, grandfather, and great-grandfather.

13. At (the Ekoddishta belonging to) this ceremony let him perform the burnt-offering, the invitation, and (the offering of) water for washing the feet.

14. Then he must pour the water for washing the feet and the Arghya (water libation) destined for the deceased person into the three vessels containing the water for washing the feet, and the three other vessels containing the Arghya of his three ancestors. At the same time he must mutter

[11. The Sutras following next refer to the Sapindîkarana or 'ceremony of investing a dead person with the rights of a Sapinda.'

12. 'He must invite six Brâhmanas altogether, four as representatives of the deceased person and of his three ancestors, two for the offering to be addressed to the Visvedevâs. The Brâhmana, who represents the deceased person, must be fed according to the rule of the Ekoddishta, and the three Brâhmanas, who represent the three ancestors, must be fed according to the rule of the Pârvana Srâddha, as laid down in Chapter LXXXIII.' (Nand.)

13. The import of this Sutra is, that those three ceremonies must not be omitted in the present case, as is otherwise the case at an Ekoddishta. (Nand.)

14. 1 The following is a translation of the whole of this Mantra, {footnote p. 85} which is quoted at full in the Kâthaka Grihya-sutra, 'May Prithivî (the earth), Vâyu (air), Agni (fire), and Pragâpati (the lord of creatures) unite thee with thy ancestors, and way you ancestors unite with him.' Regarding the particular ancestors implied here, see below, LXXV.--2 Rig-veda X, 191, 4.]

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(the two Mantras), 'May earth unite thee [1],' and 'United your minds[2].'

15. Near the leavings he must make (and put) four balls of rice.

16. Let him show out the Brâhmanas, after they have sipped water duly and have been presented by him with their sacrificial fee.

17. Then let him knead together the ball of the deceased person with the three balls (of the three ancestors), as (he has mixed up) his water for washing the feet and his Arghya (with theirs).

18. Let him do the same (with the balls placed) near the three trenches.

19. Or (see Sutra 12) the Sapindîkarana must be performed on the thirteenth, after the monthly Srâddha has been performed on the twelfth[1] day.

20. For Sudras it should be performed on the twelfth day, without Mantras.

21. If there be an intercalary month in that year, he must add one day to the (regular days of the) monthly Srâddha.

22. The ceremony of investing women with the relationship of Sapinda has to be performed in the same manner. Later, he must perform a Srâddha every year, while he lives, (on the anniversary of the deceased relative's death)[1].

[19. 1 I.e. on that day on which the period of impurity expires. (Nand.)

22. 1 The meaning is, that he must give him food and water, as prescribed in 23. (Nand.)]

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23. He, for whom the ceremony of investing him with the, relationship of Sâpinda is performed after the lapse of a year, shall be honoured by the gift, (on each day) of that year, of food and a jar with water to a Brâhmana.

 

 

         

 

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XXII.

1. The impurity of a Brâhmana caused by the birth or death of Sapindas lasts ten days.

2. In the case of a Kshatriya (it lasts) twelve days.

3. In the case of a Vaisya (it lasts) fifteen days.

4. In the case of a Sudra (it lasts) a month.

5. The relationship of Sapinda ceases with the seventh man (in descent or ascent).

6. During the period of impurity oblations (to the Visvedevâs), gifts and receiving of alms, and study have to be interrupted.

[XXII. 1-4. M. V, 83; Y. III, 18, 22; Âpast. I, 5, 16, 18; Gaut. XIV, 1-4.--5. M. V, 60; Âpast. II, 6, 15, 2; Gaut. XIV, 13.--25. M. V, 66; Y. III, 20; Gaut. XIV, 17.--27. Y. III, 23; Gaut. XIV, 44.--28. M. V, 69; Y. III, I.--29, 30. M. V, 67; Y. III, 23.--35. M. V, 79; Y. III, 20; Gaut. XIV, 6.--36, 37. Gaut. XIV, 7, 8.--38. M. V, 79; Y. III, 20.--39-41. M. V, 75, 76; Y. III, 21; Gaut. XIV, 19.--42. M. V, 80; Y. III, 24.--43. Y. III, 25.--44. M. V, 80, 81; Y. III, 24; Gaut. XIV, 20.--45. M. V, 82; Y. III, 25.--46. M. V, 81; Gaut. XIV, 20.--47. M. V, 89; Y. III, 21, 27; Gaut. XIV, 10-12.--48-55. M. V, 93-95; Y. III, 27-29.--48, 49. Gaut. XIV, 45, 46.--56. M. V, 89; Y. III, 21; Gaut. XIV, 12.--63-65. M. V, 103; Y. III, 26; Gaut. XIV, 31--67. M. V, 144--69. M. V, 85; Y. III, 30; Âpast. II, 1, 2, 8, 9; Gaut. XIV, 30.--70. M. V, 87.--75. M. V, 145; Y. I, 196; Âpast. I, 5, 16, 14; Gaut. I, 37.--81. M. V, 135.--82. M. XI, 95.--84. M. XI, 96.--85. M. V, 65.--86. M. V, 91.--87. M. V, 88.--88-93. M. V, 105-110; Y. III, 31-34.]

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7. No one must eat the food of one impure (unless he be a Sapinda of his).

8. He who eats but once the food of Brâhmanas or others, while they are impure, will remain impure as long as they.

9. When the (period of) impurity is over, he must perform a penance (as follows):

10. If a twice-born man has eaten (the food) of a member of his own caste, while the latter was impure, he must approach a river and plunge into it, mutter the (hymn of) Aghamarshana[1] three times, and, after having emerged from the water, must mutter the Gâyatrî[2] one thousand and eight times.

11. If a Brâhmana has eaten the food of a Kshatriya, while the latter was impure, he is purified by performing the same penance and by fasting (on the previous day).

12. (The same penance is ordained for) a Kshatriya who has eaten the food of a Vaisya, while the latter was impure.

13. (The same penance is ordained for) a Brâhmana (who has eaten the food) of an impure Vaisya; but he must fast besides during the three (previous) days.

14. If a Kshatriya or a Vaisya (have eaten the food) of a Brâhmana or a Kshatriya respectively, who were impure, they must approach a river and mutter the Gâyatrî five hundred times.

15. A Vaisya, who has eaten the food of a Brâhmana, while the latter was impure, must (go to a river and) mutter the Gâyatrî one hundred and eight times.

[10. 1 Rig-veda X, 190.-- 2 Rig-veda III, 62, 10.]

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16. A twice-born man (who has eaten the food), of a Sudra, while the latter was impure must (go to a river and) perform the Prâgâpatya (penance).

17. A Sudra (who has eaten the food) of an impure man of a twice-born caste must bathe (in a river).

18. A Sudra (who has eaten the food) of another Sudra, while the latter was impure, must bathe (in a river) and drink Pashkagavya.

19. Wives and slaves in the direct order of the castes (i. e. who do not belong to a higher caste than their lord) remain impure as long as their lord.

20. If their lord is dead (or if they live apart from him, they remain impure) as long as (members of) their own caste.

21. If Sapindas of a higher caste (are born or have died) the period of impurity has for their lower caste relations the same duration as for members of the higher caste.

22. A Brâhmana (to whom) Sapindas of the Kshatriya, Vaisya, or Sudra castes (have been born or have died) becomes pure within six nights, or three nights, or one night, respectively.

23. A Kshatriya (to whom Sapindas of the) Vaisya or Sudra castes (have been born or have died) is purified within six and three nights, respectively.

24. A Vaisya (to whom Sapindas of the) Sudra caste (have been born or have died) becomes pure within six nights.

[16. Regarding the Prâgâpatya penance, see below, XLVI, 10.

18. The Pashkagavya, or fire productions of a cow, consists of milk, sour milk, butter, urine, and cow-dung.]

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25. In a number of nights equal to the number of months after conception, a woman is purified from an abortion.

26. The relatives of children that have died immediately after birth (before the cutting of the navel-string), and of still-born children, are purified at once.

27. (The relatives) of a child that has died before having teethed (are also purified) at once.

28. For him no ceremony with fire is performed, nor offering of water.

29 . For a child that has teethed but has not yet been shorn, purity is obtained in one day and night;

30. For a child that has been shorn but not initiated, in three nights;

31. From that time forward (i. e. for initiated persons) in the time that has been mentioned above (in Sutra 1 seq.)

32. In regard to women, the marriage ceremony is (considered as their) initiation.

33. For married women there is no impurity for the relatives on the father's side.

34. If they happen to stay at their father's house during childbirth or if they die there, (their distant relatives are purified) in one night, and their parents (in three nights).

35. If, while the impurity, caused by a birth lasts,

[26. 'The meaning is, that the relatives of such children do not become impure.' (Nand.)

28. 'The meaning is, that he must not be burnt.', (Nand.)

32. The import of this Sutra is this, that the full period of impurity is ordained on the death of women also, in case they were married, as the marriage ceremony takes with them the place of the initiation of males.]

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another impurity caused by childbirth intervenes, it ends when the former impurity terminates.

36. If it intervenes when one night (only of the period of impurity remains, the fresh impurity terminates) two days later.

37. If it intervenes when one watch (only of the last night remains, the impurity ends) three days later.

38. The same rule is observed if a relative dies during a period of impurity caused by the death (of another relative).

39. If a man, while staying in another country, hears of the birth or death (of a relative), he becomes purified after the lapse of the period still wanting (to the ten days).

40. if the period of impurity, but not a whole year, has elapsed, (he is purified in one night.)

41. After that time (he is purified) by a bath.

42. If his teacher or maternal grandfather has died, (he is purified) in three nights.

43. Likewise, if sons other than a son of the body have been born or have died, and if wives who had another husband before have been delivered of a child or have died.

[40. 'Although the general term impurity is used in this Sudra, it refers to impurity caused by a death only.' (Nand.)

42. 'The use of the particle ka implies, that this rule extends to the death of a maternal grandmother, as ordained in the Shadasîtismriti.' (Nand.)

43. The twelve kinds of sons have been enumerated above, XV, 2-27. Of these, the three species of adopted sons, the son bought, and the son cast off cannot cause impurity, because their sonship dates from a period subsequent to their birth; but their offspring may cause impurity. (Nand.) Parapurvâs, or 'wives who had another husband before,' are either of the punarbhu or of the svairinî kind. (Nand.) See XV, 8, 9, and Nârada XII, 46-54.]

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44. (He becomes pure) in one day, if the wife or son of his teacher, or his Upâdhyâya (sub-teacher[1]), or his maternal uncle, or his father-in-law, or a brother-in-law, or a fellow-student, or a pupil has died.

45. The impurity has the same duration (as in the cases last mentioned), if the king of that country in which he lives has died.

46. Likewise, if a man not his Sapinda has died at his house.

47. The relatives of those who have been killed by (falling from) a precipice, or by fire, or (have killed themselves by) fasting, or (have been killed by) water, in battle, by lightning, or by the king (on account of a crime committed by them), do not become impure;

48. Nor do kings (become impure) while engaged in the discharge of their ditties (such as the protection of their subjects, the trial of lawsuits, &c.)

49. Devotees fulfilling a vow (also do not become impure);

50. Nor do sacrificers engaged in a sacrificial ceremony;

51. Nor workmen (such as carpenters or others) while engaged in their work;

52. Nor those who perform the king's orders, if the king wishes them to be pure.

53. Nor (can impurity arise) during the installation of the monument of a deity, nor during

[44. 'See XXIX, 2.

49. The term vratin, 'a devotee fulfilling a vow,' may be referred to students as well, who, however, become impure by the death of their parents. (Nand.)

53. A marriage ceremony is said to have actually begun when the Nândîmukha, or Srâddha preliminary to marriage, has taken place. (Nand.)]

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a marriage ceremony, if those ceremonies have actually begun;

54. Nor when the whole country is afflicted with a calamity;

55. Nor in times if great public distress (such as an epidemic or a famine).

56. Suicides and outcasts do not cause impurity or receive offerings of water.

57. On the death-day of an outcast a female slave of his must upset a pot with water with her feet, (saying, 'Drink thou this.')

58. He who cuts the rope by which (a suicide) has hung himself, becomes pure by performing the Taptakrikkhra ('hot penance').

59. So does he who has been (in any way) concerned with the funeral of a suicide;

60. And he who sheds tears for such.

61. He who sheds tears for any deceased person together with the relations of the latter (becomes pure) by a bath.

62. If he has done so, before the bones (of the deceased) had been collected, (he becomes pure) by bathing with his apparel.

63. If a member of a twice-born caste has followed the corpse of a dead Sudra, he must go to a river, and having plunged into it, mutter the Aghamarshana three times, and then, after having emerged from it, mutter the Gâyatrî one thousand and eight times.

64. (If he has followed) the corpse of a dead member of a twice-born caste, (the same expiation

[56. Giving or taking alms does not effect impurity in such cases. (Nand.)]

{p.94}

is ordained, but he must mutter the Gâyatrî) one hundred and eight times only.

65. If a Sudra has followed the corpse of a member of a twice-born caste, he must bathe.

66. Members of any caste, who have come near to the smoke of a funeral pile, must bathe.

67. (Bathing is also ordained) after sexual intercourse, bad dreams (of having been mounted upon an ass, or the like), when blood has issued from the throat, and after having vomited or been purged;

68. Also, after tonsure of the head;

69. And after having touched one who has touched a corpse (a carrier of a corpse), or a woman in her courses, or a Kândâla (or other low-caste persons, such as Svapakas), or a sacrificial post;

70. And (after having touched) the corpse of a five-toed animal, except of those kinds that may be eaten[1], or their bones still moist with fat.

71. In all such ablutions he must not wear his (defiled) apparel without having washed it before.

72. A woman in her courses becomes pure after four days by bathing.

73. A woman in her courses having touched another woman in her courses, who belongs to a lower caste than she does, must not eat again till she is purified.

74. If she has (unawares) touched a woman of her own caste, or of a higher caste than her own, she becomes pure at once, after having taken a bath.

75. Having sneezed, having slept, having eaten,

[70. 1 See LI, 6.

75. Nand. argues from a passage of Yâgshavalkya (I, 196) and from texts of Âpastamba (not found in his Dharma-sutra) and of Praketas, that the particle ka refers to repeated sipping of water.]

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going to eat or to study, having drunk (water), having bathed, having spat, having put on his garment, having walked on the high road, having discharged urine or voided excrements, and having touched the bones no longer moist with fat of a five-toed animal, he must sip water;

76. Likewise, if he has talked to a Kândâla or to a Mlekkha (barbarian).

77. If the lower part of his body, below the navel, or one of his fore-arms, has been defiled by one of the impure excretions of the body, or by one of the spirituous liquors or of the intoxicating drinks (hereafter mentioned), he is purified by cleansing the limb in question with earth and water.

78. If another part of his body (above the navel) has been defiled, (he becomes pure by cleansing it) with earth and water, and by bathing.

79. If his mouth has been defiled (he becomes pure) by fasting, bathing, and drinking Pashkagavya;

80. Likewise, if his lip has been defiled.

81. Adeps, semen, blood, dandruff, urine, fæces, earwax, nail-parings, phlegm, tears, rheum, and sweat, are the twelve impure excretions of the body.

82. Distilled from sugar, or from the blossoms of the Madhuka. (Mâdhvi wine[1]), or from flour: these three kinds of spirituous liquor have to be discerned; as one, so are all: none of them must be tasted by the twice-born.

83. Again, distilled from the blossoms of the

[76. Regarding the meaning of Mlekkha, see LXXXIV, 4.

82, 83. 1 How the Mâhvî, Mâdhuka, and Mâdhvîka wines differ from one another, does not become clear. Nand. explains the term Mâdhuka as denoting an extract from Madhuka blossoms (bassia latifolia), and Mâdhvî and Mâdhvîka as two different preparations from Madhu. Now Madhu might be rendered by 'honey;' {footnote p. 96} but Kulluka, in his comment on the term Mâdhvî (M. XI, 95), states expressly that it means 'Madhuka blossom,' and Hârîta (as quoted by Nand.) says that Mâdhuka, Mâdhvî and Mâdhvîka are a preparations from Madhu, i.e. Madhuka blossoms. Maireya, according to the lexicographer Vâkaspati, as quoted by Nand., is an intoxicating drink prepared from the flowers of the grislea tormentosa, mixed with sugar, grain, and water, or, according to the reading of the Sabdakalpadruma (see the Petersburg Dictionary) with sorrel.]

p. 96

Madhuka tree (Madhuka wine), from molasses, from the fruits of the Tanka (or Kapittha tree), of the jujube tree, of the Khargura tree, or of the breadfruit tree, from wine-grapes, from Madhuka blossoms (Mâdhvîka wine), Maireya, and the sap of the cocoanut tree:

84. These ten intoxicating drinks are unclean for a Brâhmana; but a Kshatriya and a Vaisya commit no wrong in touching (or drinking) them.

85. A pupil having performed (on failure of other mourners) the funeral of his dead Guru, becomes pure after ten nights, like those (kinsmen) who carry out the dead.

86. A student does not infringe the rules of his order by carrying out, when dead, his teacher, or his sub-teacher, or his father, or his mother, or his Guru.

87. A student must not offer a libation of water to a deceased relative (excepting his parents) till the term of his studentship has expired; but if, after its expiration, he offers a libation of water, he becomes pure after three nights.

88. Sacred knowledge (see 92), religious austerities (see go), fire (see XXIII, 33), holy food (Pashkagavya), earth (see 91), the mind, water (see 91), smearing (with cow-dung and the like, see XXIII, 56), air (see XXIII, 40, (the morning and evening prayers and other) religious acts, the sun

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(see XXIII, 40), and time (by the lapse of the ten days of impurity and the like) are purifiers of animate objects.

89. Of all pure things, pure food is pronounced the most excellent; for he who eats pure food only, is truly pure, not he who is only purified with earth and water.

90. By forgiveness of injuries the learned are purified; by liberality, those who have done forbidden acts; by muttering of prayers, those who have sinned in secret; by religious austerities, those who best know the Veda.

91. By water and earth is purified what should be purified (because it has been defiled); a river is purified by its current (carrying away all slime and mud); a woman, whose thoughts have been impure, by her menses,; and the chief among the twice-born (the Brâhmanas), by renouncing the world.

92. Bodies (when defiled) are purified by water; the mind is purified (from evil thoughts) by truth; the soul (is purified or freed from worldly vanity) by sacred learning and austerities; the understanding (when unable to resolve some doubt), by knowledge.

93. Thus the directions for purifying animate bodies have been declared to thee; hear now the rules for cleaning all sorts of inanimate objects.

 

 

         

 

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XXIII.

1. What has been defiled by the impure excretions of the body, by spirits, or by intoxicating drinks, is impure in the highest degree.

[XXIII. 2. Âpast. I. 5, 17, 10; Gaut. I, 29.--4. Y. I. 185; Gaut. I. 29, 31.--5. M. V, 123; Gaut. I, 34-7-11. M. V, 111, 112, 116, 117; Y. I, 182, 183.--7, 8. Gaut. I, 29, 30.--13-{footnote p. 98} 15. M. V, 118, 119; Y. I, 184, 182.--16. M. V, 122.--17. M. V, 126; Y. I, 191.--18. M. V, 118.--19-22. M. V, 120; Y. I, 186, 187.--25, 26. M. V, 114; Y. I, 190.--27. M. V, 115; Y. I, 185; Âpast. I, 5, 17, 12; Gaut. I, 29.--28. Y. I, 185--30. M. V, 115; Y. I, 190.--33. M. V, 122; Y. I, 187.--38, 39. M. V, 125, 126.--38. Y. I, 189.--40. Y. I, 194.--41. Y. I, 197.--47-52. M. V, 127-133.--53-55. M. V, 141-143.--53. Y. I, 195; Âpast. I, 5, 16, 12; Gaut. I, 38, 41.--55. Gaut. I, 28.--56, 57. M. V, 122, 124; Y. I, 188.]

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2. All vessels made of iron (or of other metals or of composition metals such as bell-metal and the like), which are impure in the highest degree, become pure by exposure to the fire.

3. Things made of gems or stones or water-shells, (such as conch-shells or mother-of-pearl, become pure) by digging them into the earth for seven days.

4. Things made of horns (of rhinoceroses or other animals), or of teeth (of elephants or other animals), or of bone (of tortoises or other animals, become pure) by planing them.

5. Vessels made of wood or earthenware must be thrown away.

6. Of a garment, which has been defiled in the highest degree, let him cut off that part which, having been washed, is changed in colour.

7. Objects made of gold, silver, water-shells, or gems, when (they are only defiled by leavings of food, and the like, and) not smeared (with greasy substances), are cleansed with water.

8. So are stone cups and vessels used at Soma-sacrifices (when not smeared).

[7. The defilement in the highest degree having been treated of in the six preceding Sutras, he now goes on to discuss the various cases of lesser defilement. (Nand.)

8-11. Regarding the shape of the sacrificial implements mentioned {footnote p. 99} in these Sutras, see the plates in Professor Max Muller's paper, 'Die Todtenbestattung bei den Brahmanen,' in the journal of the German Oriental Society, IX, LXXVIII-LXXX.]

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9. Sacrificial pots, ordinary wooden ladles, and wooden ladles with two collateral excavations (used for pouring clarified butter on a sacrificial fire) are cleansed with hot water (when not smeared).

10. Vessels used for oblations (of butter, fruits, and the like are cleansed) by rubbing them with the hand (with blades of Kusa grass) at the time of the sacrifice.

11. Sword-shaped pieces of wood for stirring the boiled rice, winnowing baskets, implements used for preparing grain, pestles and mortars (are cleansed) by sprinkling water over them.

12. So are beds, vehicles, and seats (when defiled even by the touch of a Sudra)[1].

13. Likewise, a large quantity (of anything).

14. Grain, skins (of antelopes, &c.), ropes, woven cloth, (fans and the like) made of bamboo, thread, cotton, and clothes (which have only just come from the manufactory, or which are dyed with saffron and will not admit of washing for that reason, are cleansed in the same way, when there is a large quantity of them);

15. Also, pot-herbs, roots, fruits, and flowers;

16. Likewise, grass, firewood, dry cow-dung (used as fuel), and leaves (of the Madhuka, Palâsa, or other trees).

[12. 1 This Sutra and the following ones relate to defilement caused by touch. (Nand.)

13. 'I. e. more than one man can carry, as Baudhâyana says.' (Nand.)

14. The use of the particle ka implies that resin and other objects mentioned by Devala must be included in this enumeration. (Nand.)]

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17. The same (when smeared with excrements and the like, are cleansed) by washing

18. And so (have the objects mentioned in Sutra 14, if defiled without being smeared, to be cleansed by washing), when there is only a small quantity of them;

19. Silk and wool, with saline earths;

20. (Blankets or plaids) made of the hair of the mountain-goat, with the fruits of the soap plant;

21. Clothes made of the bark of trees[1], with Bril fruit;

22. Linen cloth, with white sesamum;

23. Likewise, things made of horns, bone, or teeth;

24. (Rugs or covers) made of deer's hair, with lotus-seeds;

25. Vessels of copper, bell-metal, tin, and lead, with acidulated water;

26. Vessels of white copper and iron, with ashes;

27. Wooden articles, by planing;

28. Vessels made of fruits (such as cocoa-nuts, bottle-gourds, and Be] fruits), by (rubbing them with) cows' hair.

29. Many things in a heap, by sprinkling water over them;

30. Liquids (such as clarified butter, milk, &c.), by straining them;

[17. 'All the objects mentioned in Sutras 12-16 must be washed, but so as to avoid injuring them, in case they have been defiled by excrements or other such impure substances.' (Nand.)

21. The term amsupatta has been rendered in accordance with Nand.'s interpretation, which agrees with Vigshânesvara's (on Y. I, 186). Kulluka (on M. V, 120; see the Petersburg Dictionary) appears to refer it to two different sorts of clothes.

30-37. These Sutras relate to defilement caused by insects, &c. (Nand.)]

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31. Lumps of sugar and other preparations from the sugar-cane[1], stored up in large quantities (exceeding a Drona) and kept in one's own house[2], by water and fire[3];

32. All sorts of salt, in the same manner;

33. Earthern vessels (if smeared with excrements and the like), by a second burning;

34. Images of gods (if smeared), by cleansing them in the same way as the material (of which they are made is generally cleansed), and then installing them anew (in their former place).

35. Of undressed grain let him remove so much only as has been defiled, and the remainder let him pound in a mortar and wash.

36. A quantity of prepared grain not exceeding a Drona is not spoiled by being defiled (by dogs, crows, and other unclean animals).

37. He must throw away thus much of it only as has been defiled, and must sprinkle over the remainder water, into which a piece of gold has been dropped, and over which the Gâyatrî has been pronounced, and must hold it tip before a goat (or before a horse) and before the fire.

[31. 1 Such as raw sugar, candied sugar, &c.--2 If there is no large quantity of them, they require to be sprinkled with water only; and if they are kept elsewhere than in the house, as if they are exposed for sale in a fair, they require no purification at all.--3 They must be encircled with fire, and sprinkled with water afterwards. (Nand.)

32. Nand. mentions as the main species of salt, rock-salt, sea-salt, sochal-salt, and Sâmbhala-salt. The last term refers perhaps to salt coming from the famous salt-lake of Sâkambharî or Shambar in Râgputana.

37. 'A quantity less than a Drona having been defiled must be thrown away, as stated by Parâsara.' (Nand.) One Drona = 4 Âdhakas = 1024 Mushtis or handfuls. The meaning of Âdhaka, {footnote p. 102} however, according to Nand.'s observation, varies in different countries. See Colebrooke's Essays, 1, 533 seq.]

p. 102

38. That (food) which has been nibbled by a bird (except a crow or other such birds that must not be eaten or touched), smelt at by a cow, sneezed on, or defiled by (human) hair, or by insects or worms, is purified by earth scattered over it.

39. As long as the scent or moisture, caused by any unclean substance, remains on the defiled object, so long must earth and water be constantly applied in all purifications of inanimate objects.

40. A goat and a horse are pure, as regards their mouths, but not a cow, nor the impure excretions of a man's body; roads are purified by the rays of the moon and of the sun, and by the winds.

41. Mire and water upon the high road, that has been touched by low-caste people, by dogs, or by crows, as well as buildings constructed with burnt bricks, are purified by the wind.

42. For everybody let him (the Âkârya or spiritual guide) carefully direct the performance of purificatory ceremonies, with earth and water, when he has been defiled in the highest degree.

43. Stagnant water, even if a single cow only has quenched her thirst with it, is pure, unless it is quite filled with (hair or other) unclean objects; it is the same with water upon a rock (or upon the top of a mountain).

44. From a well, in which a five-toed animal (whether man or beast, but not one of the five-toed

[38. in explanation of the term amedhya, 'unclean substance,' Nand. quotes the following passage of Devala, 'Human bones, a corpse, excrements, semen, urine, the menstrual discharge, adeps, sweat, the rheum of the eyes, phlegm, and spirituous liquors are called unclean substances.']

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animals whose flesh may be eaten), has died, or which has been defiled in the highest degree, he must take out all the waters and dry up the remainder with a cloth.

45. If it is a well constructed with burnt bricks (or stones,) he must light a fire and afterwards throw Pashkagavya into it, when fresh water is coming forth.

46. For small reservoirs of water and for ponds the same mode of purification has been prescribed as for wells, O Earth; but large tanks (excepting Tîrthas) are not defiled (by dead animals, &c.)

47. The gods have declared, as peculiar to Brâhmanas, three causes effecting purity: if an (existing) impurity has not been perceived by them; if they, sprinkle the object (supposed to be impure) with water; and if they commend it, in doubtful cases, with their speech, (saying, 'This or that shall be pure.')

48. The hand of a (cook or other) artizan, things exposed for sale in a shop (though they may, have passed through the hands of many customers), food given to a Brâhmana (by other Brâhmanas, or by, Kshatriyas, &c., but not by Sudras), and all manufactories or mines (of sugar, salt, and the like, but not distilleries of spirituous liquor), are always pure.

49. The mouth of a woman is always pure (for the purpose of a kiss); a bird is pure on the fall of fruit (which he has pecked); a sucking calf (or child), on the flowing of the milk; a dog, on his catching the deer.

50. Flesh of an animal which has been killed by dogs is pronounced pure; and so is that of an

[44. 1 See LI, 6.]

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animal slain by other carnivorous creatures (such as tigers) or by huntsmen such as Kandâlas (Svapakas, Kshattris, or other low-caste men).

51. The cavities above the navel must be considered as pure; those below it are impure; and so are all excretions that fall from the body.

52. Flies, saliva dropping from the mouth, a shadow, a cow, an elephant, a horse, sun-beams, dust, the earth, air, fire, and a cat are always pure.

53. Such drops as fall from the mouth of a man upon any part of his body do not render it impure, nor do hairs of the beard that enter his mouth, nor remnants of his food adhering to his teeth.

54. Drops which trickle on the feet of a man holding water for others to sip it, are considered as equal to waters springing from the earth: by them he is not soiled.

55. He who is anyhow touched by anything impure, while holding things in his hands, is purified by sipping water, without laying the things on the ground.

[51. There are, according to Indian views, nine cavities or apertures of the body: the mouth, the two ears, the two nostrils, the two eyes, and the organs of excretion and generation. The two last are impure, the rest are pure.

55. Nand. and Kulluka (on M. V, 143) explain that hasta, 'hand,' here means 'arm,' as it would be impossible to sip water without using the hand. The former adds that, if the things are being carried with the hand, they must be placed in the cavity formed by the fore-arm. He refutes the opinion of the 'Eastern Commentators,' who, arguing from another Smriti, contend that the things have to be placed on the ground and to be sprinkled with water; and he further tries to account for the seemingly contradictory rules propounded by Vâsishtha (Benares ed., III, 43) and Gautama (I, 28) by explaining that a large quantity of things should be laid on the ground, and a small quantity placed upon {footnote p. 105} some other limb, and further, that food should always be placed on the ground, but that a garment, a stick, and the like should be kept in the hand. Compare Dr. Buhler's note on Gaut. loc. cit. It may be remarked, incidentally, that Nand. quotes the reading ukkhishto 'nidhâya in the passage of Gautama referred to.]

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56. A house is purified by scouring it with a broom and plastering the ground with cow-dung, and a manuscript or book by sprinkling water over it. Land is cleansed by scouring, by plastering it with cow-dung,

57. By sprinkling[1], by scraping, by burning, or by letting cows (or goats) pass (a day and a night) on it. Cows are auspicious purifiers, upon cows depend the worlds,

58. Cows alone make sacrificial oblations possible (by producing sacrificial butter), cows take away every sin. The urine of cows, their dung, clarified butter, milk, sour milk, and Gorokanâ:

59. Those six excellent (productions) of a cow are always propitious. Drops of water falling from the horns of a cow are productive of religious merit, and have the power to expiate all sins (of those who bathe in, or rub themselves with, them).

60. Scratching the back of a cow destroys all guilt, and giving her to eat procures exaltation in heaven.

[56, 'The term pustaka refers to MSS. or books, whether made of palm leaves, or of prepared hemp, or of prepared reeds (sara).' (Nand.) It may be that Nand. means by the last term a sort of paper, though paper is usually called by its Arabian name (kâgad) in Indian works. See regarding the materials used for writing in ancient India, Burnell's Palæography, p. 84 seq. (2nd ed.)

57. 1 The term seka, 'sprinkling,' either refers to the earth being sprinkled by rain, or to Pashkagavya being poured over it. (Nand.)

58. Gorokanâ is a bright yellow pigment which is said to be prepared from the urine or bile of a cow.]

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61. In the urine of cows dwells the Ganges, prosperity (dwells) in the dust (rising from their couch), good fortune in cow-dung, and virtue in saluting them. Therefore should they be constantly saluted.

 

 

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XXIV.

1. Now a Brâhmana may take four wives in the direct order of the (four) castes;

2. A Kshatriya, three;

3. A Vaisya, two;

4. A Sudra, one only.

5. Among these (wives), if a man marries one of his own caste, their hands shall be joined.

6. In marriages with women of a different class, a Kshatriya bride must hold an arrow in her hand;

7. A Vaisya bride,. a whip;

8. A Sudra bride, the skirt of a mantle.

9. No one should marry a woman belonging to the same Gotra, or descended from the same Rishi ancestors, or from the same Pravaras.

[XXIV. 1-4. Weber, Ind. Stud. X, 21, 74; M. III, 12-14; Y. I, 56, 57.--5. M. III, 43; Y. I, 62.--6-8. M. III, 44; Y. I, 62.--9, 10. Weber loc. cit. 75; M. III, 5; Y. I, 53; Âpast. II, 5, 11, 15, 16; Gaut. IV, 2-5.--12-16. M. III, 8.--12. Y. I, 53--17-26. M. III, 20, 21, 27-34; Y. I, 58-61; Âpast. II, 5, 11, 17--II, 5; 22, 2; Gaut. IV, 6-13.--27, 28. M. III, 23-26, 39; Âpast. II, 5, 12, 3; Gaut. IV, 14, 15.--29-32. M. III, 37, 38; Y. I, 58-60; Gaut. IV, 30-33.--38. M. V, 151; Y. I, 63.--39- Y. I, 63.--40. M. IX, 90; Y. I, 64.--41. M. IX, 93.

1. This chapter opens the section on Samskâras or sacraments, i. e. the ceremonies on conception and so forth. (Nand.) This section forms the second part of the division treating of Akira. See above, XIX.

9. According to Nand., the term Gotra refers to descent from one of the seven Rishis, or from Agastya as the eighth; the term Ârsha (Rishi ancestors), to descent from the Ârshtishenas or Mudgalas, {footnote p. 107} or from some other subdivision of the Bhrigus or Ângirasas, excepting the Gâmadagnas, Gautamas, and Bhâradvâgas; and the term Pravara, to the Mantrakrits of one's own race, i. e. the ancestors invoked by a Brâhmana at the commencement of a sacrifice. Nand.'s interpretation of the last term is no doubt correct; but it seems preferable to take Gotra in the sense of 'family name' (laukika gotra), and to refer the term samânârsha to descent from the same Rishi (vaidika gotra). See Dr. Buhler's notes on Âpast. II, 5, 11, 15, and Gaut. XVIII, 6; Max Muller, History of Ancient Sanskrit Literature, pp. 379-388; Weber, Ind. Stud. X, 69-41. If ârsha were connected with pravara, the whole compound samânârshapravarâ would denote 'a woman descended from the same Rishi '= samanârshâ, Y. I, 53, and samânapravarâ, Gaut. XVIII, 6.]

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10. Nor (should he marry) one descended from his maternal ancestors within the fifth, or from his paternal ancestors within the seventh degree;

11. Nor one of a low family (such as an agriculturer's, or an attendant of the king's family);

12. Nor one diseased;

13. Nor one with a limb too much (as e. g. having six fingers);

14. Nor one with a limb too little;

15. Nor one whose hair is decidedly red;

16. Nor one talking idly.

17. There are eight forms of marriage

18. The Brâhma, Daiva, Ârsha, Prâgâpatya, Gândharva, Âsura, Râkshasa, and Paisâka forms.

19. The gift of a damsel to a fit bridegroom, who has been invited, is called a Brâhma marriage.

20. If she is given to a Ritvig (priest), while he is officiating at a sacrifice, it is called a Daiva marriage.

21. If (the giver of the bride) receives a pair of kine in return, a is called an Ârsha marriage.

22. (If she is given to a suitor) by his demand, it is called a Prâgâpatya marriage.

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23. A union between two lovers, without the consent of mother and father, is called a Gândharva marriage.

24. If the damsel is sold (to the bridegroom), it is called an Âsura marriage.

25. If he seizes her forcibly, it is called a Râkshasa marriage.

26. If he embraces her in her sleep, or while she is unconscious, it is called a Paisâka marriage.

27. Among those (eight forms of marriage), the four first forms are legitimate (for a Brâhmana);

28. And so is the Gândharva form for a Kshatriya.

29. A son procreated in a Brâhma marriage redeems (or sends into the heavenly abodes hereafter mentioned) twenty-one men (viz. ten ancestors, ten descendants, and him who gave the damsel in marriage).

30. A son procreated in a Daiva marriage, fourteen;

31. A son procreated in an Ârsha marriage, seven;

32. A son procreated in a Prâgâpatya marriage, four.

33. He who gives a damsel in marriage according to the Brâhma rite, brings her into the world of Brahman (after her death, and enters that world himself).

34. (He who gives her in marriage) according to the Daiva rite, (brings her) into Svarga (or heaven, and enters Svarga himself).

35. (He who gives her in marriage) according to the Ârsha rite, (brings her) into the world of Vishnu (and enters that world himself).

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36. (He who gives her in marriage) according to the Prâgâpatya rite, (brings her) into the world of the gods (and enters that world himself).

37. (He who gives her in marriage) according to the Gândharva rite, will go to the world of Gandharvas.

38. A father, a paternal grandfather, a brother, a kinsman, a maternal grandfather, and the mother (are the persons) by whom a girl may be given in marriage.

39. On failure of the preceding one (it devolves upon) the next in order (to give her in marriage), in case he is able.

40. When she has allowed three monthly periods to pass (without being married), let her choose a husband for herself; three monthly periods having passed, she has in every case full power to dispose of herself (as she thinks best).

41. A damsel whose menses begin to appear (while she is living) at her father's house, before she has been betrothed to a man, has to be considered as a degraded woman: by taking her (without the consent of her kinsmen) a man commits no wrong.

[39. Regarding the causes effecting legal disability, such as love, anger, &c., see Nârada 3, 43.

40. Nand., arguing from a passage of Baudhâyana (see also M. IX, 90), takes ritu, 'monthly period,' as synonymous with varsha, 'year.' But ritu, which occurs in two other analogous passages also (Gaut. XVIII, 20, and Nârada XII, 24), never has that meaning.

41. Nand. observes, that the rules laid down in this and the preceding Sloka refer to young women of the lower castes only. Nowadays the custom of outcasting young women, who have not been married in the proper time, appears to be in vogue in Brahmanical families particularly. Smriti passages regarding the illegality of marriages concluded with such women have been collected by me, Uber die rechtl. Stellung der Frauen, p. 9, note 17. The {footnote p. 110} custom of Svayamvara or 'self-choice,' judging from the epics, was confined to females of the kingly caste, and in reality was no doubt of very rare occurrence.]

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p. 110

XXV.

1. Now the duties of a woman (are as follows):

2. To live in harmony with her husband;

3. To show reverence (by embracing their feet and such-like attentions) to her mother-in-law, father-in-law, to Gurus (such as elders), to divinities, and to guests;

4. To keep household articles (such as the winnowing basket and the rest) in good array;

5. To maintain saving habits;

6. To be careful with her (pestle and mortar and other) domestic utensils;

7. Not to practise incantations with roots (or other kinds of witchcraft);

8. To observe auspicious customs;

9. Not to decorate herself with ornaments (or to partake of amusements) while her husband is absent from home;

10. Not to resort to the houses of strangers (during the absence of her husband);

[XXV. 1-13. Colebrooke, Dig. IV, 2, XCII.--2. M. V, 154; Y. I, 77.--3. Y. I, 83.--4-6. M. V, 150; Y. I, 83.--9, 10. M. IX, 75; Y. I, 84.--12, 13. M. V, 148; IX, 3; Y. I, 85; Gaut. XVIII, 1.--14. M. V, 158; Colebrooke, Dig. IV, 3, CXXXIII.-15. M.V, 155.--17. M.V, 160. 15 is also found in the Mârkandeya-purâna XVI, 61, and, in a modified form, in other works. See Bthtlingk, Ind. Spruche, 3686, 3679. 16 is also found, in a modified form, in Vriddhakânakhya's Proverbs XVII, 9; and 17 in Sârngadhara's Paddhati, Sadâkâra, 10. See Bthtlingk, Ind. Spruche, 3900, 4948.

10. 'Strangers' means any other persons than her parents-in-law, her brother, maternal uncle, and other near relatives. (Nand.)]

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11. Not to stand near the doorway or by the windows (of her house);

12. Not to act by herself in any matter;

13. To remain subject, in her infancy, to her father; in her youth, to her husband; and in her old age, to her sons.

14. After the death of her husband, to preserve her chastity, or to ascend the pile after him.

15. No sacrifice, no penance, and no fasting is allowed to women apart from their husbands; to pay obedience to her lord is the only means for a woman to obtain bliss in heaven.

16. A woman who keeps a fast or performs a penance in the lifetime of her lord, deprives her husband of his life, and will go to hell.

17. A good wife, who perseveres in a chaste life after the death of her lord, will go to heaven like (perpetual) students, even though she has no son.

 

 

         

 

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XXVI.

1. If a man has several wives of his own caste,

[14. Nand. states that the self-immolation of widows (Sattee) is a specially meritorious act, and not obligatory. Besides, he quotes several passages from other Smritis and from the Brihannâradîyapurâna, to the effect that in case the husband should have died abroad, a widow of his, who belongs to the Brâhmana caste, may not commit herself to the flames, unless she can reach the place, where his corpse lies, in a day; and that one who is in her courses, or pregnant, or whose pregnancy is suspected, or who has an infant child, is also forbidden to burn herself with her dead husband. English renderings of all the texts quoted by Nand. may he found in Colebrooke's Essay on the Duties of a Faithful Hindu Widow. See also above, XX, 39. Nand., arguing from a passage of Baudhâyana, takes the particle vâ, 'or,' to imply that the widow is at liberty to become a female ascetic instead of burning herself.

XXVI. 2. M. IX, 86.--4. M. IX; 87.--1-4. Colebrooke, Dig. {footnote p. 112} IV, 1, XLIX.--5-7. M. III, 12, 14, 15, 18; Y. I, 56; Weber, Ind. Stud. X, 74.--7. Colebrooke, Dig. IV, 1, LII.]

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he shall perform his religious duties together with the eldest (or first-married) wife.

2. (If he has several) wives of divers castes (he shall perform them) even with the youngest wife if she is of the same caste as himself.

3. On failure of a wife of his own caste (he shall perform them) with one belonging to the caste next below his own; so also in cases of distress (i.e. when the wife who is equal in caste to him happens to be absent, or when she has met with a calamity);

4. But no twice-born man ever with a Sudra wife.

5. A union of a twice-born man with a Sudra wife can never produce religious merit; it is from carnal desire only that he marries her, being blinded by lust.

6. Men of the three first castes, who through folly marry a woman of the lowest caste, quickly degrade their families and progeny to the state of Sudras.

7, If his oblations to the gods and manes and (his hospitable attentions) to guests are offered principally through her hands, the gods and manes (and the guests) will not eat such offerings, and he will not go to heaven.

 

 

         

 

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XXVII.

1. The Nishekakarman (ceremony of impregnation)

[XXVII. 1-14. Âsv. I, 4-18; Gobh. II, 1-9; Pâr. I, 4-11, 1; Sânkh. I, 12-28; M. II, 29-35, 66, 67; Y. I, 11-13; Gaut. VIII, 14.--15-24, 26, 27. Weber, Ind. Stud. X, 21; M. II, 38-47; Y. I, {footnote p. 113} 14, 37, 38; Âpast. I, 1, 1, 18-21; I, 1, 25 33-3, 6; Gaut. I, 5, 11-26.--25. Weber, Ind. Stud. X, 22; M. II, 49; Y. I, 30; Âpast. I, 1, 3, 28-30; Gaut. II, 36.--28, 29. M. II, 174, 64.]

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must be performed when the season fit for procreating children[1] distinctly appears (for the first time).

2. The Pumsavana (ceremony to cause the birth of a male) must be performed before the embryo begins to move.

3. The Sîmantonnayana (ceremony of parting the hair) should take place in the sixth or eighth month (of pregnancy).

4. The Gâtakarman (birth-ceremony) should take place on the birth of the child.

5. The Nâmadheya (naming-rite) must be performed as soon as the term of impurity (caused by the birth of the child) is over.

6. (The name to be chosen should be) auspicious in the case of a Brâhmana;

7. Indicating power in the case of a Kshatriya;

8. Indicating wealth in the case of a Vaisya;

9. Indicating contempt in the case of a Sudra.

[1. 1 'Garbha' here means 'ritu,' i.e. the time favourable for procreation, following immediately upon the menstrual evacuation, and the above ceremony should be performed once only, in order to consecrate the mother once for all. (Nand.)

2, 3. The embryo begins to move in the fourth month of pregnancy, and the Pumsavana must be performed in the second or third month of every pregnancy. Thus Nand., who combats expressly the opinion that this ceremony has the consecration of the mother, and not the consecration of the fœtus, for its object. Regarding the Sîmantonnayana he seems to consider both views as admissible. According to the former view it would have to be performed only once, like the Nishekakarman.

6-9. Nand. quotes as instances of such names: 1. Lakshmîdhara; 2. Yudhishthira; 3. Arthapati; 4. Lokadâsa or (observing, {footnote p. 116} at the same time, another rule regarding the second part of a compound name), 1. Vishnusarman; 2. Bhîmavarman; 3. Devagupta; 4. Dharmadâsa.]

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10. The Âdityadarsana, (ceremony of taking the child out to see the sun) should take place in the fourth month (after birth).

11. The Annaprâsana (ceremony of first feeding) should take place in the sixth month.

12. The Kudâkarana '(tonsure rite) should take place in the third year [1].

13. For female children the same ceremonies, (beginning with the birth ceremony, should be performed, but) without Mantras.

14. The marriage ceremony only has to be performed with Mantras for them.

15. The initiation of Brâhmanas (should take plate) in the eighth year after conception[1];

16. Of Kshatriyas, in the eleventh year after conception[1];

17. Of Vaisyas,, in the twelfth year after conception[1];

18. Their girdles should be made of Mushga grass, a bow-string, and Balbaga (coarse grass) respectively.

19. Their sacrificial strings and their garments should be made of cotton, hemp, and wool respectively.

[10. According to Nand., who quotes a passage of Yama in support of his opinion, this Sutra has to be divided into two, which would, however, require several words to complete their sense, the import of the first being, that the child should be taken out to see the sun in the third month, and to see the moon in the fourth month. See the Introduction.

12. 1 'The third year,' i. e. either after conception, or after birth. (Nand.)

15-17. 1 'Nand., 'or after birth.' See Pâr. and Âsv. loc. cit.]

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20. The skins (which they wear) should be those of a black antelope, of a tiger, and of a he-goat respectively.

2 1. Their staves should be made of Palâsa, Khadira, and Udumbara wood respectively.

22. Their staves should be of such a length as to reach the hair, the forehead, and the nose respectively.

23. Or all (kinds of staves may be used for all castes indiscriminately).

24. And they should not be crooked, nor should the bark be stripped off.

25. In begging alms, they should put in the word 'Lady' at the beginning, in the middle, and at the end of their request (according to their caste).

26. The ceremony of initiation must not be delayed beyond the sixteenth year in the case of a Brâhmana; beyond the twenty-second, in the case of a Kshatriya; and beyond the twenty-fourth, in the case of a Vaisya.

27. After that, the youths belonging to any of those three castes, who have not been initiated at the proper time, are excluded from initiation, and contemned by the twice-born, and are called Vrâtyas.

28. That skin, that cord, that girdle, that staff, and that garment which has been given to any one (on his initiation), that he must for ever wear when performing any religious observance.

29. His girdle, his skin, his staff, his string, and his ewer he must throw into the water when broken (or spoiled by use), and receive others consecrated with Mantras.

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p. 116

XXVIII.

1. Now[1] students shall dwell at their Guru's (spiritual teacher's) house.

2. They shall recite their morning and evening prayers.

3. (A student) shall mutter the morning prayer standing, and the evening prayer sitting.

4. He shall perform twice a day (in the mornings and evenings) the religious acts of sprinkling the ground (round the altar) and of putting fuel on the fire.

5. He must plunge into the waters like a stick.

[XXVIII. passim. Âsv. Grihya-s. I, 22; III, 7-9; Gobh. Grihya-s. II, 10, 42-III, 4; Pâr. Grihya-s. II, 4-6; Sânkh. Grihya-s. II, 6, 9-12; III, 1.--1. Âpast. I, 1, 2, 11.--3. M. II, 101; Y. I, 24, 25; Gaut. II, 11.--4. M. II, 108; Y. I, 25; Âpast. I, 1, 4, 16.--5. Âpast. I, 1, 2, 30.--6, 7. M. II, 73, 182; Y. I, 27; Âpast. I, 2, 5, 27; I, 1, 4, 23; Gaut. I, 54; II, 29, 30.--8. M. II, 41-47; Y. I, 29; Âpast. I, 1, 2, 33-I, 1, 3, 10; Gaut. I, 15, 16, 22.--9, 10. M. II, 183, 184, 51; Y. I, 29, 31; Âpast. I, 1, 3, 25, 32; Gaut II, 35, 37-39.--11, 12. M. II, 177-179, &c.; Y. I, 33. &c.; Âpast. I, 1, 2, 23-28, &c.; Gaut II, 13, &c.--13-23. M. II, 194, 71, 72. 122-124, 195-198; Âpast. I, 2, 4, 28; I, 2, 5, 12, 23; I, 2, 6, 5-9, 14; Gaut. II, 21, 25-28; I, 52; II, 14.--17. Y. I, 26.--24-26. M. II, 199, 200.--27, 28. M. II, 204; Âpast. I, 2, 8, II, 13.--29, 30. M. II, 205; Âpast. I, 2, 8, 19-21.--31-33. M. II, 208, 209; Âpast. I, 2, 7, 28, 30; Gaut. II, 31, 32.--34-36. M. III, 2; II, 168.--37-40. M. II, 169-172; Y II, 39; Âpast. I, 1, 1, 15-17; Gaut. I, 8.--41. M. II, 219; Âpast. I, 1, 2, 31, 32; Gaut. I, 27.---42. M. II, 245; Y. I, 51; Âpast. I, 11, 30, 1; Gaut. IX, I.--43-46. M. II, 243, 247, 248; Y. I, 49; Âpast. I, 2, 4, 29; Gaut. II, 5-8.--47. M. II, 249; Gaut. III. 9.--48-53. M XI, 121, 123, 124; II, 181, 187, 220.--51, 52. Y. III, 218, 281; Gaut. XXIII, 20.

1. 1 'I.e. after the performance of the initiation ceremony.' (Nand.)

5. The sense of this injunction, according to Nand., is, that he must not pronounce any bathing Mantras. But more probably it {footnote p. 117} is meant, that he shall swim motionless like a stick (see Âpast. I, 1, 2, 30, with Dr. Buhler's note). According to a third explanation, which is mentioned both by Haradatta and by Devapâla in his Commentary on the Kâthaka Grihya-sutra, the sense would be, that he is not allowed, while bathing, to rub his skin, in order to clean himself with bathing powder and the like.]

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6. Let him study when called (by his teacher).

7. He shall act so as to please his Guru (spiritual teacher) and to be serviceable to him.

8. He shall wear his girdle, his staff, his skin, and his sacrificial string.

9. He shall go begging at the houses of virtuous persons, excepting those of his Guru's (and of his own) relatives.

10. He may eat (every morning and evening) some of the food collected by begging, after having received permission to do so from his Guru.

11. He must avoid Srâddhas, factitious salt, food turned sour[1], stale food, dancing, singing, women, honey, meat, ointments, remnants of the food (of other persons than his teacher), the killing of living beings, and rude speeches.

12.. He must occupy a low couch.

13. He must rise before his Guru and go to rest after him.

14. He must salute his Guru, after having performed his morning devotion.

15. Let him embrace his feet with crossed hands.

[11. 1 Nand. interprets sukta, 'food turned sour,' by 'rude speeches,' because if taken in its other meaning, it would be included in the next term, paryushita, 'stale food.' However, if Nand.'s interpretation were followed, it would coincide with the last term of this enumeration, aslîla, 'rude speeches;' and its position between two articles of food renders the above interpretation more plausible.]

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16. The right foot with his right hand, and the left foot with his left.

17. After the salutation (abhivâdaye, 'I salute') he must mention his own name and add the word 'bhos' (Venerable Sir) at the end of his address.

18. He must not speak to his Guru while he is himself standing, or sitting, or lying, or eating, or averting his face.

19. And let him speak, if his teacher sits, standing up; if he walks, advancing towards him; if he is coming near, meeting him; if he runs, running after him;

20. If his face is averted, turning round so as to face him;

21. If he is at some distance, approaching him;

22. If he is in a reclining position, bending to him;

23. Let him not sit in a careless attitude (such as e. g. having a cloth tied round his legs and knees, while sitting on his hams) before the eyes of his teacher,

24. Neither must he pronounce his mere name (without adding to it the word Srî or a similar term at the beginning).

25. He must not mimic his gait, his manner, his speech, and so on.

26. Where his Guru is censured or foully belied, there let him not stay.

27. Nor must he sit on the same seat with him,

28. Unless it be on a rock[1], on a wooden bench, in a boat, or in a carriage.

[28. 1 Thus according to Kulluka, (on M. II, 204). Nand. takes the term sîlaphalaka as a compound denoting a stone seat.']

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29. If his teacher's teacher is near, let him behave towards him as if he were his own teacher.

30. He must nor salute his own Gurus without his teacher's leave.

31. Let him behave towards the son of his teacher, who teaches him the Veda, as towards his teacher, even though he be younger or of an equal age with himself;

32. But he must not wash his feet,

33. Nor eat the leaving of his food.

34. Thus let him acquire by heart one Veda, or two Vedas, or (all) the Vedas.

35. Thereupon, the Vedângas (that treating of phonetics and the rest)[1].

36. He who, not having studied the Veda, applies himself to another study, will degrade himself, and his progeny with him, to the state of a Sudra.

37. From the mother is the first birth; the second, from the girding with the sacrificial string.

38. In the latter, the Sâvitrî hymn is his mother, and the teacher his father.

39. It is this which entitles members of the three higher castes to the designation of 'the twice-born.'

40. Previous to his being girded with the sacrificial string, a member of these castes is similar to a Sudra (and not allowed to study the Veda).

[30. Nand. here interprets Guru by 'a paternal uncle and the rest.'

31. This rule refers to a son of his spiritual teacher, who teaches him one or two chapters of the Veda, while the teacher himself is gone out for bathing or some such reason. Vâ, 'or,' is added in order to include a son of the teacher, who is himself a pupil, as Manu (II, 208) says. (Nand.)

35. 1 See Max Muller, Ancient Sanskrit Literature, p. 108 seq.

38. 1 Rig-Veda, III, 62, 10.]

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41. A student shall shave all his hair, or wear it tied in one lock.

42. After having mastered the Veda, let him take leave of his teacher and bathe, after having presented, him with a gift.

43. Or let him spend the remainder of his life at his teacher's house.

44. If, while he is living there, his teacher should die, let him behave to his teacher's son as towards his teacher himself;

45. Or[1] towards one of his wives, who is equal to him in caste.

46. On failure of such, let him pay homage to the fire, and live as a perpetual student.

47. A Brâhmana who passes thus without tiring (of the discharge of his duties) the time of his studentship will attain to the most exalted heavenly abode (that of Brahman) after his death, and will not be born again in this world.

48. A voluntary effusion of the semen by a twice-born youth (in sexual intercourse with a woman), during the period of his studentship, has been pronounced a transgression of the rule prescribed for students by expounders of the Vedas well acquainted with the system of duties.

49. Having loaded himself with that crime, be must go begging to seven houses, clothed only with the skin of an ass, and proclaiming his deed.

[42. After the solemn bath (see Âsv. III, 8, 9; Gobh. III, 4; Pâr. II, 6; Sânkh. III, 1), which terminates the period of studentship, the student, who is henceforth called Snâtaka, 'one who has bathed,' is allowed to return home.

45. 'According to Nand., the particle vâ, 'or,' is used in order to include another alternative, that of living with an old fellow-student, as directed by Gautama, III, 8.]

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50. Eating once a day only a meal consisting of the alms obtained at those (houses), and bathing at the three Savanas (dawn, noon, and evening), he will be absolved from guilt at the end of the year.

51. After an involuntary effusion of the semen during sleep, a twice-born student must bathe (on the next morning), worship the sun (by offerings of perfumes and the like), and mutter three times the Mantra, 'Again shall my strength return to me[1].'

52. He who for seven days omits to collect alms and to kindle the sacred fire, must perform the penance of an Avakîrnin (breaker of his vow), provided that he has not been prevented from the discharge of his duties by an illness.

53. If the sun should rise or set while a student is purposely indulging in sleep, ignoring (the precepts of law), he must fast for a day, muttering (the Gâyatrî one thousand and eight times).

 

 

         

 

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XXIX.

1. He who having initiated a youth and instructed him in the Vratas[1], teaches him (one branch of) the Veda (together with its Angas, such as that relating to phonetics, and the rest) is called Âkârya (teacher).

[51. [1] Taitt. Ârany. I, 30.

XXIX. 1. Âpast. I, 1, 1, 13; Gaut., I, 9.--13. M. II. 140-143; Y. I, 34, 35.--7-10. M. II, 111, 112, 114, 115.--9, 10. See Buhler, Introd. to Digest, p. xxix.

1. The Vratas of a student are certain observances to be kept by him before he is admitted to the regular course of study of the Veda, and again before he is allowed to proceed to the study of the Mahânâmnî verses and to the other higher stages of Vedic learning. See, particularly, Sânkh. II, 11, 12, with Dr. Oldenberg's note (Ind. Stud. XV, 139).]

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2. He who teaches him (after he has been initiated by another) either (an entire branch of the Veda) in consideration of a fee, or part of a Veda (without taking a fee), is called Upâdhyâya (sub-teacher).

3. He who performs sacrifices (whether based upon Sruti or upon Smriti) is called Ritvig (officiating priest).

4. He must not engage a priest for the performance of sacrifices without having ascertained (his descent, character, and conduct).

5. Neither must he admit to his teaching (one whom he does not know).

6. And he must not initiate such a one.

7. If one answers improperly, or the other asks improperly[1], that one (or both) will perish or incur hatred.

8. If by instructing a pupil neither religious merit nor wealth are acquired, and if no sufficient attention is to be obtained from him (for his teacher's words), in such soil divine knowledge must not be sown: it would perish like fine seed in barren soil.

9. The deity of sacred knowledge approached a Brâhmana (and said to him), 'Preserve me, I am thy treasure, reveal me not to a scorner, nor to a wicked man, nor to one of uncontrolled passions: thus I shall be strong

10. 'Reveal me to him, as to a keeper of thy gem, O Brâhmana, whom thou shalt know to be pure, attentive, possessed of a good memory, and chaste, who will not grieve thee, nor revile thee.'

[7. 1 A proper question is, e. g. if the pupil modestly says, 'I don't know about this, therefore I want to be instructed.' An improper question is, e.g. if he says, 'Why do you pronounce this thus wrongly?' An improper answer is an answer to an improper question. (Nand.)]

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p. 123

XXX.

1. After having performed the Upâkarman ceremony on the full moon of the month Srâvana, or of the month Bhâdra, the student must (pass over the two next days without studying, and then) study for four months and a half.

2. After that, the teacher must perform out of town the ceremony of Utsarga for those students (that have acted up to this injunction); but not for those who have failed to perform the ceremony of Upâkarman.

3. During the period (subsequent upon the ceremony of Upâkarman and) intermediate between it and the ceremony of Utsarga, the student must read the Vedângas.

4. He must interrupt his study for a day and a night on the fourteenth and eighth days of a month[1].

5. (He must interrupt his study for the next day

[XXX. 1-33. Weber, Ind. Stud. X, 130-134; Nakshatras II, 322, 338-339; M. IV, 95-123; II, 71, 74; Y. 12 142-151; Âpast. I, 3, 9-11; Gaut. XVI; I, 51, 53.--33-38. Âsv. III, 3, 3; M. II, 107; Y. I, 41-46.--41, 42. M. II, 116.--43-46. M. II, 117, 146-148, 144.

1-3. The annual course of Vedic studies opens with a ceremony called Upâkarman, and closes with a ceremony called Utsarga. The latter, according to the rule laid down in Sutra 1, would fall upon the first day of the moon's increase, either in Pausha or in Mâgha. Nand. states that those students who have not performed the Upâkarman ceremony in due time must perform a penance before they can be admitted to the Utsarga; nor must those be admitted to it who have failed to go on to the study of another branch of the Veda at the ordinary time, after having absolved one.

4. 1 Nand., with reference to a passage of Hârîta, considers the use of the plural and of the particle ka to imply that the study must also be interrupted on the first and fifteenth days.

5. 1 This refers to the second days of the months Phâlguna, Âshâdha, and Kârttika. (Nand.)]

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and night) after a season of the year has begun[1], (and for three nights) after an eclipse of the moon.

6. (He must not study for a day and a night) when Indra's flag is hoisted or taken down.

7. (He must not study) when a strong wind is going,

8. (He must not study for three days) when rain, lightning, and thunder happen out of season[1].

9. (He must not study till the same hour next day) in the case of an earthquake, of the fall of a meteor, and when the horizon is preternaturally red, as if on fire.

10. (He must not study) in a village in which a corpse lies;

11. Nor during a battle;

12. Nor while dogs are barking, jackals yelling. or asses braying;

13. Nor while the sound of a musical instrument is being, heard;

14. Nor while Sudras or outcasts are near;

15. Nor in the vicinity of a temple, of a burial-ground, of a place where four ways meet, or of a high road;

16. Nor while immersed in water;

17. Nor with his foot placed upon a bench;

18. Nor while riding upon an elephant, a horse, or a camel, (or in a carriage drawn by any of those animals), or being borne in a boat, or in a carriage drawn by oxen;

19. Nor after having vomited;

[8. 1 'I.e. not during the rains.' (Nand.)

12. Nand. considers the term sva, 'dog,' to include all the other animals mentioned by Âpastamba, I, 3. 10, 17.

19-21. After having vomited or been purged he shall interrupt {footnote p. 125} his study for a day and a night; when suffering, from indigestion, till he has digested his food. (Nand.)]

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20. Nor after having been purged;

21. Nor during an indigestion.

22. When a five-toed animal has passed between the teacher and the pupil (the latter must interrupt his study for a day and a night).

23. When a king or a learned Brâhmana (who has mastered one Veda), or a cow, or a Brâhmana (in general) has met with an accident (he must not study).

24. After the Upâkarman (he must not study for three days).

25. And after the Utsarga, (he must interrupt his study for as many days).

26. And (he must avoid to study) the hymns of the Rig-veda, or those of the Yagur-veda, while the Sâman melodies are being chanted.

27. Let him not lie down to sleep again when he has begun to study in the second half of the night.

28. Let him avoid studying at times when there ought to be an intermission of study, even though a question has been put to him (by his teacher);

[22. According to Nand., the interruption of study is to last for two days, when a crow, or an owl, or a wild cock, or a mouse, or a frog, and the like animals have passed; and for three days, when a dog, or an ichneumon, or a snake, or a frog (sic), or a cat has passed. He quotes Gaut. I, 59 in support of his interpretation. I have translated according to M. W, 126; Y. I, 147.

23. in these cases the study shall not be taken up again till the accident has been appeased by propitiatory rites. If any of the persons in question has died, the interruption is to last for a day and a night, in case they were persons of little merit; but in case they should have been very virtuous, it is to last for three days. (Nand.)

28. Every lesson consists of questions put by the teacher and the pupil's answers to them.]

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29. Since to study on forbidden days neither benefits him in this nor in the other world.

30. To study on such days destroys the life of both teacher and pupil.

31. Therefore should a teacher, who wishes to obtain the world of Brahman, avoid improper days, and sow (on proper days) the seed of sacred knowledge on soil consisting of virtuous pupils.

32. At the beginning and at the end of the lecture let the pupil embrace his teacher's feet;

33. And let him pronounce the sacred syllable Om.

34. Now he who studies the hymns of the Rig-veda (regularly), feeds the manes with clarified butter.

35. He who studies the Yagus texts, (feeds them) with honey.

36. He who studies the Sâman melodies, (feeds them) with milk.

37. He who studies the Atharva-veda, (feeds them) with meat.

38. He who studies the Purânas, Itihâsas, Vedângas, and the Institutes of Sacred Law, feeds them with rice.

39. He who having collected sacred knowledge, gains his substance by it in this world, will derive no benefit from it in the world to come.

[33. Nand., quoting a passage of Yama, states the particle ka to imply that the pupil must touch the ground, after having pronounced the syllable Om.

38. Nand. considers the use of a Dvandva compound to imply that logic (Nyâya) and the Mîmâmsâ system of philosophy are also intended in this Sutra. Regarding the meaning of the terms Purâna and Itihâsa, see Max Muller, Ancient Sanskrit Literature, p. 40 seq.

39. This rule cannot refer to teaching for a reward, because {footnote p. 127} that is a minor offence (upapâtaka; see below, XXXVII, 20); nor can it refer to teaching in general, because it is lawful to gain one's substance by it; but it refers to those who recite the Veda in behalf of another, and live by doing so. (Nand.)]

p. 127

40. Neither will he (derive such benefit from it), who uses his knowledge in order to destroy the reputation of others (by defeating them in argument).

41. Let no one acquire sacred knowledge, without his teacher's permission, from another who is studying divine science.

42 . Acquiring it in that way constitutes theft of the Veda, and will bring him into hell.

43. Let (a student) never grieve that man from whom he has obtained worldly knowledge (relating to poetry, rhetoric, and the like subjects), sacred knowledge (relating to the Vedas and Vedângas), or knowledge of the Supreme Spirit.

44. Of the natural progenitor and the teacher who imparts the Veda to him, the giver of the Veda is the more venerable father; for it is the new existence acquired by his initiation in the Veda, which will last him both in this life and the next.

45. Let him consider as a merely human existence that which he owes to his father and mother uniting from carnal desire and to his being born from his mother's womb.

46. That existence which his teacher, who knows all the Vedas, effects for him through the prescribed rites of initiation with (his divine mother) the Gâyatrî, is a true existence; that existence is exempt from age and death.

47. He who fills his ears with holy truths, who

[41. See XXVIII, 6, and the preceding note.]

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frees him from all pain (in this world and the next). and confers immortality (or final liberation) upon him, that man let the student consider as his (true) father and mother: gratefully acknowledging the debt he owes him, he must never grieve him.

 

 

         

 

p. 128

XXXI.

1. A man has three Atigurus (or specially venerable superiors):

2. His father, his mother, and his spiritual teacher.

3. To them he must always pay obedience.

4. What they say, that he must do.

5. And he must do what is agreeable and serviceable to them.

6. Let him never do anything without their leave.

7. Those three are equal to the three Vedas (Rig-veda, Sâma-veda, and Yagur-veda), they are equal to the three gods (Brahman, Vishnu, and Siva), they are equal to the three worlds (of men, of gods, and of Brahman), they are equal to the three fires.

8. The father is the Gârhapatya (or household) fire, the mother is the Dakshina (or ceremonial) fire, and the spiritual teacher is the Âhavanîya (or sacrificial) fire.

9. He pays regard to all his duties, who pays regard to those three; he who shows no regard to

[XXXI. 1-6. M. II, 225, 226, 228, 229; Âpast. I, 4, 14, 6; Gaut. II, 50, 51.--7. M. II, 230.--8. M. II, 231; Âpast. I, 1, 3, 44.--9. M. II, 234.--10. M. II, 233.

9. 'The father is said to be of the same nature as the Gârhapatya fire, because the Âhavanîya is produced from it; the mother is said to be of the same nature as the Dakshina fire, because it {footnote p. 129} has a separate origin, or because she has the sacrificial implements, such as the pestle and mortar and the like, in her charge; and the spiritual teacher is said to be of the same nature as the Âhavanîya fire, because all oblations fall to his share, as the Smriti says (Y. I, 27), "Let him (the pupil) deliver to him (the teacher) the collected alms."' (Nand.)]

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them, derives no benefit from any religious observance.

10. By honouring his mother, he gains the present world; by honouring his father, the world of gods; and by paying strict obedience to his spiritual teacher, the world of Brahman.

 

 

         

 

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XXXII.

1. A king, a priest, a learned Brâhmana, one who stops wicked proceedings, an Upâdhyâya, a paternal uncle, a maternal grandfather, a maternal uncle, a father-in-law, an eldest brother, and[1] the parents-in-law of a son or a daughter are equal to a teacher;

2. And so are their wives, who are equal in caste to them.

3. And their mother's sister, their father's sister, and I their eldest sister.

4. A father-in-law, a paternal uncle, a maternal

[XXXII. 1. M. II, 206.--2. M. II, 210.--3. M. II, 131.--4. M. II, 130; Âpast. I, 4, 14, 11.--5, 6. M. II, 210, 211; Âpast. I, 2, 7, 27; Gaut. II, 31, 32.--7. M. II, 129,--8, 9. M. XI, 205; Y. III, 292.--10. Âpast. I, 1, 2, 20.--11, 12. M. II, 201; Âpast. I, 2, 8, 15.--13. M. II, 212; Gaut. II, 34.--14. M. II, 20.--15. M. II, 217; Gaut. II, 33; VI, 2.--16. M. II, 136; Gaut. VI, 20.--17. M. II, 135; Âpast. I, 4, 14, 25.--18. M. II, 155.

1. 1 The particle ka is used here, according to Nand., in order to include a paternal grandfather and other persons mentioned in a Smriti.

3. 1 The particle ka here refers, according to Nand., to the paternal grandmother and others mentioned in a Smriti.]

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uncle, and a priest he must honour by rising to meet and saluting them, even though they be younger than himself.

5. The wives of Gurus (superiors), who are of a lower class than their husbands (such as Kshatriya or Vaisya or Murdhâvasikta wives), shall be honoured by (rising to meet and) saluting them from far; but he must not embrace their feet.

6. He should avoid to rub and anoint the limbs of Guru's wives, or to anoint their eyes, or to arrange their hair, or to wash their feet, or to do other such services for them.

7. To the wife of another, even though he does not know her, he must either say 'sister' (if she is of equal age with himself), or 'daughter' (if she is younger than himself), or 'mother' (if she is older than himself).

8. Let him not say 'thou[1]' to his Gurus (superiors).

9. If he has offended one of them (by saying 'thou' to him, or in some other manner), he must keep a fast and not eat again till the end of the day, after having obtained his forgiveness.

10. He must avoid to quarrel with his spiritual teacher and to argue with him (from emulation).

11. And he must not censure him;

[5. Sudra wives are exempt from this rule; he should rise to meet, but not salute them. (Nand.)

8. 1 Other insulting language, as e. g. if he says hush or pish to them, is also included in this term. The use of the particle ka indicates that other persons entitled to respect are also intended in this Sutra. (Nand.)

10. 'The particle ka is used in order to include Brâhmanas in general in this prohibition.' (Nand.)

11. 'The use of the particle ka shows that defamatory speeches are also intended.' (Nand.)]

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12. Nor act so as to displease him.

13. (A pupil) must not embrace the feet of a Guru's young wife, if he has completed his twentieth year, or can distinguish virtue from vice.

14. But a young student may at pleasure prostrate himself before a young wife of his Guru, (stretching out both hands) as ordained (see XXVIII, 15), 'I, N. N. (ho! salute thee).'

15. On returning from a journey he shall (once) embrace the feet of the wives of his Gurus (superiors), and daily, salute them, remembering the practice of the virtuous.

16. Wealth, kindred, age, the performance of religious observances, and, fifthly, sacred knowledge are titles to respect; each subsequent one is superior to the one preceding in order.

17. A Brâhmana, though only ten years old[1], and a member of the kingly caste, though a hundred years old, must be considered as father and son; and of these two, the Brâhmana is the father.

18. The seniority of Brâhmanas is founded upon sacred knowledge; of Kshatriyas, upon valour in arms; of Vaisyas, upon grain and (other) wealth; of Sudras, upon (priority of) birth.

 

 

         

 

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XXXIII.

1. Now man has three most dangerous enemies, called carnal desire, wrath, and greed.

[17. 1 I. e. a Brâhmana for whom the ceremony of initiation has been performed (Nand.) This proverb is also found in the Nîtisâstra 1,55, in the Mahâbhârata II, 1385 seq., &c., and in other works. See Bthtlingk, Ind. Spruche, 6163, 2456, &c.

XXXIII. 1. Âpast. I, 8, 23, 4, 5.

1. The mention which has been made in the preceding section, that on or rules of conduct, of the breach of the vow of {footnote p. 132} chastity and the penance for it (see XXVIII, 48, 49), causes him (Vishnu) to discuss the law of penance (Prâyaskitta). This is done in the following section, to which Chapter XXXIV serves as Introduction. (Nand.) The section on Prâyaskitta extends as far as Chapter LVII.]

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2. They are specially dangerous to the order of householders, because they have (houses, wives, and other) property.

3. Man, being overcome by those (three enemies), commits crimes in the highest degree, high crimes, minor crimes, and crimes in the fourth degree;

4. Also crimes effecting loss of caste, crimes degrading to a mixed caste, and crimes rendering the perpetrator unworthy (to receive alms and the like);

5. And crimes causing defilement, and miscellaneous offences.

6. This is the threefold path to hell, destructive of self: carnal desire, wrath, and greed: therefore must a man shun those three vices.

 

 

         

 

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XXXIV.

1. Sexual connection with one's mother, or daughter, or daughter-in-law are crimes in the highest degree.

2. Such criminals in the highest degree should proceed into the flames; for there is not any other way to atone for their crime.

 

 

         

 

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XXXV.

1. Killing a Brâhmana, drinking spirituous liquor,

[6. This proverb is also found in the Bhagavad-gîtâ, XVI, 21, and in the Mahâbhârata, V, 1036. See Bthtlingk, Ind. Spruche, 2645.

XXXV. 1. M. IX, 235; XI, 55; Y. III, 227; Âpast. I, 7, 21, 8; Gaut. XXI, 1.--2, 3. M. XI, 181; Y. III, 227, 261; Gaut. XXI, 3.--4. M. XI, 181.]

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stealing the gold of a Brâhmana, and sexual connection with a Guru's wife are high crimes.

2. And social intercourse with such (criminals is also a high crime).

3. He who associates with an outcast is outcasted himself after a year;

4. And so is he who rides in the same carriage with him, or who eats in his company, or who sits on the same bench, or who lies on the same couch with him.

5. Sexual intercourse, intercourse in sacrificing, and intercourse by the mouth (with an outcast) entails immediate loss of caste.

6. Such mortal sinners are purified by a horse sacrifice and by visiting all Tîrthas (places of pilgrimage) on earth.

 

 

         

 

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XXXVI.

1. Killing a Kshatriya or Vaisya engaged in a sacrifice, or a woman in her courses, or a pregnant woman, or a woman (of the Brâhmana caste) who has bathed after temporary uncleanness[1], or an embryo

[5. 'Intercourse of marriage' means sexual connection with an outcasted man or woman, or giving a damsel in marriage to an outcasted man, 'Intercourse in sacrificing' means sacrificing for, or with, an outcast. 'Mouthly intercourse' means teaching, or being taught by, or studying together with, an outcast. The present rule holds good in cases of voluntary intercourse only; if the intercourse was involuntary, the loss of caste does not follow till after a year. Others assert that the immediate loss of caste is entailed by particularly intimate intercourse only. (Nand.)

XXXVI. 1. M. XI, 88; Y. III, 251; Âpast. I, 9, 24, 6, 8, 9.--2-7. M. XI, 57-59, 171, 172; Y. III, 228-233.--2. Gaut. XXI, 10.--5. Gaut. XXI, I.--7. Âpast. I, 7, 21, 9.

1. I The term âtreyî (atrigotrâ) has been translated here and in {footnote p. 134} other places in accordance with that interpretation which is sanctioned by the majority among the commentators of law works. Nand., on the other hand, gives the preference to the opinion of those who tender it by 'a woman descended from or married to a man of the race of Atri.']

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of unknown sex, or one come for protection, are crimes equal to the crime of killing a Brâhmana.

2. Giving false evidence and killing a friend: these two crimes are equal to the drinking of spirituous liquor.

3. Appropriating to one's self land belonging to a Brâhmana or a deposit (belonging to a Brâhmana and not consisting of gold) are crimes equal to a theft of gold (belonging to a Brâhmana).

4. Sexual connection with the wife of a paternal uncle, of a maternal grandfather, of a maternal uncle, of a father-in-law, or of the king, are crimes equal to sexual connection with a Guru's wife;

5. And so is sexual intercourse with the father's or mother's sister and with one's own sister;

6. And sexual connection with the wife of a learned Brâhmana, or a priest, or an Upâdhyâya, or a friend;

7. And with a sister's female friend (or with one's own female friend), with a woman of one's own race, with a woman belonging to the Brâhmana caste, with a (Brâhmana) maiden (who is not yet betrothed to a man), with a low-caste woman, with a woman in her courses, with a woman come for protection,

[2. 'The term etau, "these," is used in order to include the forgetting of Veda texts and other crimes, which are mentioned as equal to drinking spirituous liquor by Manu (XI, 57) and Yâgshavalkya (III, 229).' (Nand.)

5. 'The particle ka in this Sutra refers to little girls, as ordained by Manu, XI, 59.' (Nand.)]

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with a female ascetic, and with a woman entrusted to one's own care.

8. Such minor offenders become pure, like mortal sinners, by a horse-sacrifice and by visiting Tîrthas.

 

 

         

 

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XXXVII.

1. Setting one's self up by false statements (as by saying, 'I have done this,' or the like).

2. Making statements, which will reach the ears of the king, regarding a (minor) offence committed by some one;

3. Unjustly upbraiding a Guru (as by saying 'You have neglected such a household duty');

4. Reviling the Veda;

5. Forgetting the Veda texts, which one has studied;

6. (Abandoning) one's holy fire, or one's father, mother, son, or wife;

[XXXVII. 1-34. M. XI, 56, 57, 60-67; Y. III, 228-230, 234-242; Âpast. I, 7, 21, 12-17; Gaut. XXI, 11.--35. M. XI, 118; Y. III, 265.

1. 'But if a man who does not know all the four Vedas says, in order to procure a valuable present or some other advantage, 'I know the four Vedas,' or if he says of another, his superior in caste or sacred knowledge, in order too prevent his receiving a valuable present, 'This man is no Brâhmana,' or 'He does not know anything,' in all such cases his crime is equal to the killing of a Brâhmana.' (Nand.)

2. 'But giving information of a heavy crime constitutes a crime equal to the killing of a Brâhmana.' (Nand.)

3. Guru means 'father' here. Heavy reproaches, as e. g. if a son says to his father, 'You have made unequal shares in dividing the patrimony,' are equal to killing a Brâhmana. (Nand.)

4. 'But atheistical detracting from the authority of the Veda constitutes a crime equal to the drinking of spirituous liquor.' (Nand.)

6. The use of the particle ka indicates that distant relatives are also intended here, as Yâgshavalkya, III, 239, states.' (Nand.)]

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7. Eating the food of those whose food may not be eaten, or forbidden food;

8. Appropriating to one's self (grain, copper, or other) goods of another man (but not his gold);

9. Sexual intercourse with another man's wife;

10. Sacrificing for persons for whom it is forbidden to sacrifice (such as Sudras, persons for whom the initiation has not been performed, and the like);

11. To live by a forbidden occupation (as, if a Brâhmana lives by the occupation of a Kshatriya, or of a Vaisya).

12. Receiving unlawful presents;

13. Killing a Kshatriya, or a Vaisya, or a Sudra, or a cow;

14. Selling articles that ought not to be sold (such as salt, lac, or others);

15. For an elder brother to suffer his younger brother to marry before him;

16. For a younger brother to marry, though his elder brother is not yet married;

17. To give a girl in marriage to either of those two (categories of offenders);

18. Or to perform the nuptial ceremony for them;

19. To allow the proper time for the ceremony of initiation to pass without being initiated;

[10. 'But sacrificing for an outcast is a high crime.' (Nand.)

12. This rule refers to receiving presents from an outcast or other person, whose gifts must not be accepted, to receiving improper gifts, such as a ram, or a black antelope, and to receiving presents at an improper place, such as Kurukshetra, or at an improper time, such as during an eclipse of the sun. The particle ka further refers to giving instruction to those who are not entitled to receive it, as Yama mentions. (Nand.)]

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20. To teach the Veda for a reward (unless it be in an emergency);

21. To be taught by one who teaches the Veda for a reward (unless it be in an emergency);

22. To be employed (by the king's order) in the working of mines of any sort (whether gold mines, or silver mines, or others, or manufactories);

23. To make large (sharp) instruments (such as instruments for piercing an elephant's car);

24. Cutting trees, shrubs, creepers, long climbing plants (such as vines), or herbs;

25. Living by (prostituting) one's own wife;

26. Trying to overcome another by incantations (tending to kill him), or by forcible means;

27. Performing the act (of cooking) for one's own sole benefit;

28. Not to have kindled one's own sacred fire;

29. Omitting to pay one's debts to the gods, Rishis, and manes (or sacrificing, study of the Veda, and propagation of one's race);

30. Studying irreligious books;

31. Atheism;

32. Subsisting by a reprehensible art (such as dancing);

33. Intercourse with women who drink spirits;

34. Thus have the crimes in the fourth degree been enumerated.

[20. it is true that the above definition of an Upâdhyâya (XXIX, 2) implies that teaching the Veda for a fee is no reprehensible act; but that permission has reference to cases of distress only. (Nand.)

26. Nand. asserts that the particle ka is used here in order to include the performance of an Ahîna sacrifice and of the other sinful acts mentioned by Manu, XI, 198.

31. Atheism (nâstikatâ) consists in denying the existence of another life. (Nand.)]

p. 138

35. Such criminals in the fourth degree shall perform the Kândrâyana or Parâka penances, or shall sacrifice a cow (as the case may require).

 

 

         

 

p. 138

XXXVIII.

1. Causing (bodily) pain to a Brâhmana;

2. Smelling at things which ought not to be smelt (such as excrements), or at spirituous liquor;

3. Dishonest dealing;

4. Sexual connection with cattle;

5. And (sexual connection) with a man (or unnatural intercourse with a woman):

6. Such are the crimes effecting loss of caste.

7. He who has knowingly committed one of the acts effecting loss of caste shall perform the Sântapana[1] penance; he who has done so unawares shall perform the Prâgâpatya[1] penance.

 

 

         

 

p. 138

XXXIX.

1. Killing domestic or wild animals are crimes degrading to a mixed caste.

2. He who has committed a crime degrading to a mixed caste shall eat barley-gruel for a month (if he has committed it knowingly), or perform the penance Krikkhrâtikrikkhra (if he has committed it unawares).

[35. Regarding the penances called Kândrâyana and Parâka see below, XLVIII and XLVII, 18.

XXXVIII. 1-6, M. XI, 68.

7. 1 See XLVI, 19, 10.

XXXIX. 1. M. XI, 69.

2. Regarding the penance Krikkhrâtikrikkhra, see XLVI, 13. 'The use of the causative form kârayet indicates that he may {footnote p. 139} perform the penance mentioned here through a substitute, if unable to perform it himself. (Nand.)]

p. 139

 

 

         

 

p. 139

XL.

1. Receiving anything from a (Mlekkha or other) despicable person (even though not as a present, but in the form of interest, &c.), traffic (even with articles that are not forbidden to sell), subsisting by money-lending (even without exceeding the legitimate rate of interest), telling lies (even though not in giving evidence), and serving a Sudra (even though without doing servile acts for him) are crimes rendering unworthy to receive alms.

2. He who has committed a crime rendering unworthy to receive alms, is purified by the penance Taptakrikkhra (in case he committed it knowingly), or by the penance Sîtakrikkhra (in case he did it unawares), or by the penance Mahâsântapana (in case it was committed) repeatedly.

 

 

         

 

p. 139

XLI.

1. Killing birds, amphibious animals, and aquatic animals (such as fish);

2. And worms or insects;

3. Eating (nutmegs or other) plants similar to intoxicating drinks (in their effect upon the system):

[XL. 1. M. XI, 70.

2. Regarding the penances mentioned here, see XLVI, II, 12, 20.

XLI. 1-4. M. XI, 71.

3. 'Or the term madyânugata means hemp and the like.' (Nand.) Kulluka (on M. XI, 71) interprets it by 'what has been brought in the same basket or vessel with spirituous liquor;' by the same, by 'what has been defiled by spirituous liquor.' The rendering given in the text agrees with the first interpretation proposed by Nand.]

p. 140

4. Such are the crimes causing defilement.

5. The penance ordained for crimes causing defilement is the Taptakrikkhra penance (if they were committed unintentionally), or they shall be atoned for by the Krikkhrâtikrikkhra penance (if they were committed intentionally).

 

 

         

 

p. 140

XLII.

1. Miscellaneous crimes are those which have not been mentioned before.

2. Having committed one out of the number of miscellaneous crimes, a prudent man should always perform a penance, by the advice of a Brâhmana, after the higher or less degree of his guilt has been ascertained.

 

 

         

 

p. 140

XLIII.

1. Now follow the hells. (They are called:)

2. Tâmisra (darkness);

3. Andhatâmisra (complete darkness);

4. Raurava (place of howling);

5. Mahâraurava (place of much howling);

6. Kâlasutra (thread of time or death);

7. Mahânaraka (great hell);

8. Sashgîvana (restoring to life);

9. Avîki (waveless);

[XLIII. 1-22. M. IV, 88-90; Y. III, 222-224.--34. M. XII, 76.

4. Nand. derives the term Raurava from 'ruru, a kind of serpent.' But it seems preferable to connect it with the root ru, 'to howl.'

6. This hell is defined by Nand. as a kind of threshing-place, made of copper, burning hot, and measuring ten thousand Yoganas.

8. In this hell those who have perished in consequence of the tortures which they had to undergo are restored to life and tortured anew. (Nand.)]

p. 141

10. Tâpana (burning);

11. Sampratâpana (parching);

12. Samghâtaka, (pressing together)

13. Kâkola (ravens);

14, Kudmala (bud);

15. Putimrittika (stinking clay);

16. Lohasankti (iron-spiked);

17. Rikîsha (frying-pan);

18. Vishamapanthâna (rough or uneven roads);

19. Kantakasâlmali (thorny Sâlmali trees);

20. Dîpanadî (flame river);

21. Asipattravana (sword-leaved forest);

22. Lohakâraka (iron fetters);

23. In each of those (hells) successively criminals in the highest degree, who have not performed the penance (prescribed for their crime), are tormented for the time of a Kalpa.

24. Mortal sinners (who have not done penance) for a Manvantara;

25. Minor offenders, for the same period;

[12. in this hell a large number of individuals is packed up closely in a very narrow space. (Nand.)

13. In this hell the sinners are devoured by ravens. (Nand.)

14. In this hell the sinners are put in sacks, which are tied up at the end. (Nand.)

17. In this hell the sinners are roasted. (Nand.)

20. This river, which contains hot water, is called Vaitaranî, as it is said, The river called Vaitaranî has a stinking odour, is full of blood, and is moving on swiftly a torrent of hot water, carrying bones and hair in its course.' (Nand.) A detailed description of the river Vaitaranî may be found in the Gâruda-purâna, p. 8 (Bombay ed., 1863).

22. 'The particle iti is added here, in order to include in the above enumeration the hells called Savisha, Mahâpatha, Kumbhîpâka, Taptabâluka, and the rest.' (Nand.) See Y. III, 223, 224; M. XII, 76.]

p. 142

26. Criminals in the fourth degree, for the period of a Katuryuga;

27. Those who have committed a crime effecting loss of caste, for a thousand years;

28. Those who have committed a crime degrading to a mixed caste, for the same period;

29. Those likewise who have committed a crime rendering unworthy to receive alms and the like.

30. And those who have committed a crime causing defilement;

31. Those who have committed one of the miscellaneous crimes, for a great number of years;

32. All sinners who have committed (one of those nine kinds of) crimes have to suffer terrible pangs, when they have departed life and entered upon the path of Yama.

33. Being dragged hither and thither (upon even and uneven roads), by the dire ministers of Yama, they are conducted (to hell by them), with menacing

34. (There) they are devoured by dogs and jackals, by hawks, crows, herons, cranes, and other (carnivorous animals), by (bears and other) animals having fire in their mouth, and by serpents and scorpions.

35. They are scorched by blazing fire, pierced by thorns, divided into parts by saws, and tormented by thirst.

36. They are agitated by hunger and by fearful troops of tigers, and faint away. at every step on account of the foul stenches proceeding from pus and from blood.

[31. 'A great number of years' means three hundred years. (Nand.)]

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37. Casting wistful glances upon the food and drink of others, they receive blows from ministers (of Yama), whose faces are similar to those of crows, herons, cranes, and other horrid animals.

38. Here they are boiled in oil, and there pounded with pestles, or ground in iron or stone vessels.

39. In one place they (are made to) eat what has been vomited, or pus, or blood, or excrements, and in another place, meat of a hideous kind, smelling like pus.

40. Here, enveloped in terrible darkness, they are devoured by worms and (jackals and other) horrible animals having flames in their mouth.

41. There again they are tormented by frost, or have to step through unclean things (such as excrements), or the departed spirits eat one another, driven to distraction (by hunger).

42. In one place they are beaten with their deeds in a former existence, in another they are suspended (by trees and the like, with a rope), or shot with heaps of arrows, or cut in pieces.

43. In another place again, walking upon thorns, and their bodies being encircled by snakes, they are tormented with (grinding) machines, and dragged on by their knees.

44. Their backs, heads, and shoulders are fractured, the necks of these poor beings are not stouter than a needle, and their bodies, of a size fit for a hut only, are unable to bear torments.

45. Having thus been tormented (in the hells) and suffered most acute pain, the sinners have to

[43. The Gâruda-purâna, (p. 17) also mentions that in one hell the sinners are thrown into machines like the sugar-cane.]

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endure further pangs in their migration through animal bodies.

 

 

         

 

p. 144

XLIV.

1. Now after having suffered the torments inflicted in the hells, the evil-doers pass into animal bodies.

2. Criminals in the highest degree enter the bodies of all plants successively.

3. Mortal sinners enter the bodies of worms or insects.

4. Minor offenders enter the bodies of birds.

5. Criminals in the fourth degree enter the bodies of aquatic animals.

6. Those who have committed a crime effecting loss of caste, enter the bodies of amphibious animals.

7. Those who have committed a crime degrading to a mixed caste, enter the bodies of deer.

8. Those who have committed a crime rendering them unworthy to receive alms, enter the bodies of cattle.

9. Those who have committed a crime causing defilement, enter the bodies of (low-caste) men (such as Kandâlas), who may not be touched.

10. Those who have committed one of the miscellaneous crimes, enter the bodies of miscellaneous wild carnivorous animals (such as tigers).

11. One who has eaten the food of one whose food may not be eaten, or forbidden food, becomes a worm or insect.

[XLIV. 1-43. M. XII. 54-67; Y. III, 207-215.--44, 45. M. XII, 68, 69.

11. See LI, 3 seq.]

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12. A thief (of other property than gold), becomes a falcon.

13. One who has appropriated a broad passage, becomes a (serpent or other) animal living in holes.

14. One who has stolen grain, becomes a rat.

15. One who has stolen white copper, becomes a Hamsa.

16. One who has stolen water, becomes a waterfowl.

17. One who has stolen honey, becomes a gad-fly.

18. One who has stolen milk, becomes a crow.

19. One who has stolen juice (of the sugar-cane or other plants), becomes a dog.

20. One who has stolen clarified butter, becomes an ichneumon.

21. One who has stolen meat, becomes a vulture.

22. One who has stolen fat, becomes a cormorant.

23. One who has stolen oil, becomes a cockroach.

24. One who has stolen salt, becomes a cricket.

25. One who has stolen sour milk, becomes a crane.

26. One who has stolen silk, becomes a partridge.

27. One who has stolen linen, becomes a frog.

28. One who has stolen cotton cloth, becomes a curlew.

29. One who has stolen a cow, becomes an iguana.

30. One who has stolen sugar, becomes a Vâlguda.

[30. 'The Vâlguda is a kind of bat.' (Nand.) The name Vâlguda is evidently related to valgulî, 'a kind of bat,' and identical with Vâgguda, (M. XII, 64) and Vâgvada (Haradatta on Gaut. XVII, 34), which, according to Dr. Buhler's plausible suggestion, {footnote p. 146} are names of large herbivorous bat, usually called the flying fox (in Gugaratî vâgud or vâgul).' See Dr. Buhler's note on Gaut. loc. cit.]

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31. One who has stolen perfumes, becomes a musk-rat.

32. One who has stolen vegetables, consisting of leaves, becomes a peacock.

33. One who has stolen prepared grain, becomes a (boar called) Svâvidh (or Sedhâ).

34. One who has stolen undressed grain, becomes a porcupine.

35. One who has stolen fire, becomes a crane.

36. One who has stolen household utensils, becomes a wasp (usually called Karata).

37. One who has stolen dyed cloth, becomes a Kakor partridge.

38. One who has stolen an elephant, becomes a tortoise.

39. One who has stolen a horse, becomes a tiger

40. One who has stolen fruits or blossoms, becomes an ape.

41. One who has stolen a woman, becomes a bear.

42. One who has stolen a vehicle, becomes a camel.

43. One who has stolen cattle, becomes a vulture.

44. He who has taken by force any property belonging to another, or eaten food not first presented to the gods (at the Vaisvadeva offering), inevitably enters the body of some beast

45. Women, who have committed similar thefts, receive the same ignominious punishment: they become females to those male animals.

p. 147

 

 

         

 

p. 147

XLV.

1. Now after having undergone the torments inflicted in the hells, and having passed through the animal bodies, the sinners are born as human beings with (the following) marks (indicating their crime):

2. A criminal in the highest degree shall have leprosy;

3. A killer of a Brâhmana, pulmonary consumption;

4. A drinker of spirits, black teeth;

5. A stealer of gold (belonging to a Brâhmana), deformed nails;

6. A violator of his spiritual teacher's bed, a disease of the skin;

7. A calumniator, a stinking nose;

8. A malignant informer, stinking breath;

9. A stealer of grain, a limb too little;

10. One who steals by mixing (i. e. by taking good grain and replacing the same amount of bad grain in its stead), a limb too much;

11. A stealer of food, dyspepsia;

12. A stealer of words[1], dumbness;

[XLV. 2-31. M. XI, 49-52; Y. III, 209-211,--32, 33. M. XI, 53, 54.

2. According to a text of Sâtâtapa, which Nand. quotes in explanation of this Sutra, connection with the mother is punished with 'failing or incurable epilepsy,' when the organ falls of, connection with a daughter is punished with red epilepsy; connection with a daughter-in-law, with black leprosy; and connection with a sister, with yellow leprosy.