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Gautama-Dharma Sutra
Gautama's Institutes Of The Sacred
Law.
Introduction To Gautama
COMPARED with the information
collected above regarding the origin and the history of Âpastamba's
Dharmasltra, the facts which can be brought to bear on Gautama's Institutes are
scanty and the conclusions deducible from them somewhat vague. There are only
two points, which, it seems to me, can be proved satisfactorily, viz. the
connection of the work with the Sâma-veda and a Gautama Karana, and its
priority to the other four Dharmasltras which we still possess. To go further
appears for the present impossible, because very little is known regarding the
history of the schools studying the Sâma-veda, and because the Dharmasâstra not
only furnishes very few data regarding the works on which it is based, but
seems also, though not to any great extent, to have been tampered with by
interpolators.
As regards its origin, it was again
Professor Max Muller, who, in the place of the fantastic statements of a
fabricated tradition, according to which the author of the Dharmasâstra is the
son or grandson of the sage Utathya, and the grandson or great-grandson of
Usanas or Sukra, the regent of the planet Venus, and the book possessed
generally binding force in the second or Tretâ Yuga [1], first put forward a
rational explanation which, since, has been adopted by all other writers on
Sanskrit literature. He says, Hist. Anc. Sansk. Lit., p. 134, 'Another collection
of Dharmasltras, which, however, is liable to critical doubts, belongs
[1. Manu III, 19; Colebrooke, Digest
of Hindu Law, Preface, p. xvii (Madras ed.); Anantayagvan in Dr. Burnell's
Catalogue of Sanskrit MSS., (p. 57; Pârâsara, Dharmasâstra I, 22 (Calcutta
ed.).]
to the Gautamas, a Karana of the
Sâma-veda.' This assertion agrees with Kumârila's statement, that the
Dharmasâstra of Gautama and the Grihya-sltra of Gobhila were (originally)
accepted (as authoritative) by the Khandogas or Sâmavedins alone[1]. Kumârila
certainly refers to the work known to us. For he quotes in other passages
several of its Sltras[2].
That Kumârila and Professor Max
Muller are right, may also be proved by the following independent arguments.
Gautama's work, though called Dharmasâstra or Institutes of the Sacred Law,
closely resembles, both in form and contents, the Dharma-stitras or Aphorisms
on the Sacred Law, which form part of the Kalpa-sltras of the Vedic schools of
Baudhâyana, Âpastamba, and Hiranyakesin. As we know from the Karanavylha, from
the writings of the ancient grammarians, and from the numerous quotations in
the Kalpa-sltras and other works on the Vedic ritual, that in ancient times the
number of Vedic schools, most of which possessed Srauta, Grihya, and Dharma-sltras,
was exceedingly great, and that the books of many of them have either been lost
or been disintegrated, the several parts being torn out of their original
connection, it is not unreasonable to assume that the aphoristic law-book,
usually attributed to the Rishi Gautama, is in reality a manual belonging to a
Gautama Karana. This conjecture gains considerably in probability, if the fact
is taken into account that formerly a school of Sâma-vedîs, which bore the name
of Gautama, actually existed. It is mentioned in one of the redactions of the
Karanavylha[3] as a subdivision of the Rânâyanîya school. The Vamsa-brâhmana of
the Sâma-veda, also, enumerates four members of the Gautama family among the
teachers who handed down the third Veda, viz. Gâtri Gautama, Sumantra Bâbhrava
[1. Tantravârttika, p. 179 (Benares
ed.),
2. Viz. Gautama I, 2 on p. 143; II,
45-46 on p. 112, and XIV, 45-46 on p. 109.
3. Max Muller, Hist. Anc. Sansk.
Lit., p. 374.]
Gautama, Samkara Gautama, and Râdha
Gautama[1], and the existing Srauta and Grihya-sltras frequently appeal to the
opinions of a Gautama and of a Sthavira Gautama [2]. It follows, therefore,
that at least one, if not several Gautama Karanas, studied the Sâma-veda, and
that, at the tinic when the existing Sltras of Lâtyâyana and Gobhila were
composed, Gautama Srauta and Grihya-sltras formed part of the literature of the
Sâma-veda. The correctness of the latter inference is further proved by Dr.
Burnell's discovery of a Pitrimedha-sltra, which is ascribed to a teacher of the
Sâma-veda, called Gautama [3].
The only link, therefore, which is
wanting in order to complete the chain of evidence regarding Gautama's
Aphorisms on the sacred law, and to make their connection with the Sâma-veda
perfectly clear, is the proof that they contain special references to the
latter. This proof is not difficult to furnish, For Gautama has borrowed one
entire chapter, the twenty-sixth, which contains the description of the
Krikkhras or difficult penances from the Sâmavidhâna, one of the eight Brâhmanas
of the Sâma-veda [4]. The agreement of the two texts is complete except in the
Mantras (Sltra 12) where invocations of several deities, which are not usually
found in Vedic writings, have been introduced. Secondly, in the enumeration of
the purificatory texts, XIX, 12, Gautama shows a marked partiality for the
Sâma-veda. Among the eighteen special texts mentioned, we find not less than
nine Sâmans. Some of the latter, like the Brihat, Rathantara, Gyeshtha, and
Mahâdivâkîrtya chants, arc mentioned also in works belonging to the Rig-veda
and the Yagur-veda, and are considered by Brâhmanas of all schools to possess
great efficacy. But others, such as the Purushagati, Rauhina, and Mahâvairâga
Sâmans, have hitherto not been met with anywhere but in books belonging to the
Sâma-veda, and
[1. See Burnell, Vamsa-brâhmana, pp.
7, 9, 11, and 12.
2. See the Petersburg Dictionary, s.
v. Gautama; Weber, Hist. Ind. Lit., p. 77 (English ed.); Gobhila Grihya-sltra
III, 10, 6.
3 Weber, Hist. Ind. Lit., p. 84, note
89 (English ed.)
4. See below, pp. 292-296.]
do not seem to have stood in general
repute. Thirdly, in two passages, I, 50 and XXV, 8; the Dharmasâstra prescribes
the employment of five Vydhritis, and mentions in the former Sltra, that the
last Vyâhriti is satyam, truth. Now in most Vedic works, three Vyâhritis only,
bhlh, bhuvah, svah, are mentioned; sometimes, but rarely, four or seven occur.
But in the Vyâhriti Sâman, as Haradatta points out [1], five such interjections
are used, and satyam is found among them. It is, therefore, not doubtful, that
Gautama in the above-mentioned passages directly borrows from the Sâma-veda.
These three facts, taken together, furnish, it seems to me, convincing proof
that the author of our Dharmasâstra was a Sâma-vedi. If the only argument in
favour of this conclusion were, that Gautama appropriated a portion of the
Sâmavidhâna, it might be met by the fact that he has also taken some Sltras
(XXV, j-6), from the Taittirîya Âranyaka. But his partiality for Sâmans as
purificatory texts and the selection of the Vyâhritis from the Vyâhriti Sâman
as part of the Mantras for the initiation (1, 50), one of the holiest and most
important of the Brahmanical sacraments, cannot be explained on any other
supposition than the one adopted above.
Though it thus appears that Professor
Max Muller is right in declaring the Gautama Dharmasâstra to belong to the
Sâma-veda, it is, for the present, not possible to positively assert, that it
is the Dharma-sltra of that Gautama Karana, which according to the Karanavylha
quoted in the Sabdakalpadruma of Râdhâkanta, formed a subdivision of the
Rânâyanîyas. The enumeration of four Âkâryas, bearing the family-name Gautama,
in the Vamsa-brâhmana, and Lâtyâyana's quotations from two Gautamas, make it
not unlikely, that several Gautama Karanas once existed among the Sâma-vedi
Brâhmanas, and we possess no means for ascertaining to which our Dharmasâstra
must be attributed. Further researches into the history of the schools of the
Sâma-veda must be awaited until we can do more. Probably the living tradition
of the Sâma-vedis of
[1. See Gautama I, 50, note.]
Southern India and new books from the
South will clear up what at present remains uncertain.
In concluding this subject I may
state that Haradatta seems to have been aware of the connection of Gautama's
law-book with the Sâma-veda, though he does not say it expressly. But he
repeatedly and pointedly refers in his commentary to the practices of the
Khandogas, and quotes the Grihya-sltra of the Gaiminîyas [1], who are a school
of Sâma-vedis, in explanation of several passages. Another southern author,
Govindasvâmin (if I understand the somewhat corrupt passage correctly), states
directly in his commentary on Baudhâyana I, 1, 2, 6, that the Gautamîya
Dharmasâstra was criginally studied by the Khandogas alone [2].
In turning now to the second point,
the priority of Gautama to the other existing Dharma-sltras, I must premise
that it is only necessary to take into account two of the latter, those of
Baudhâyana and Vasishtha. For, as has been shown above in the Introduction to
Âpastamba, the Sltras of the latter and those of Hiranyakesin Satydshâdha are
younger than Baudhâyana's. The arguments which allow us to place Gautama before
both Baudhâyana and Vasishtha are, that both those authors quote Gautama as an
authority on law, and that Baudhâyana has transferred a whole chapter of the
Dharmasâstra to his work, which Vasishtha again has borrowed from him.
As regards the case of Baudhâyana,
his references to Gautama are two, one of which can be traced in our
Dharmasâstra. In the discussion on the peculiar customs prevailing in the South
and in the North of India (Baudli. Dh. 1, 2, 1-8) Baudhâyana expresses himself
as follows:
[1. A Grihya-sltra. of the Gaiminîyas
has been discovcred by Dr. Burnell with a commentary by Srînivâsa. He thinks
that the Gaiminîyas are a Sltra-sâkhâ of the Sâtyâyana-Talavakâras.
2 My transcript has been made from
the MS. presented by Dr. Burnell, the discoverer of the work, to the India
Office Library. The passage runs as follows: Yathâ vi bodhâkyanîyam
dharmasâstram kaiskid eva pathyamânam sarvâdhikâram bhavati tathâ gautamîye
gobhilîye (?) khandogair eva pathyate || vâsishthant tu bahvrikair eva ||]
'1. There is a dispute regarding five
(practices) both in the South and in the North.
'2. We shall explain those (peculiar)
to the South.
'3. They are, to eat in the company
of an uninitiated person, to eat in the company of one's wife, to eat stale
food, to marry the daughter of a maternal uncle or of a paternal aunt.
'4. Now (the customs peculiar) to the
North are, to deal in wool, to drink rum, to sell animals that have teeth in
the upper and in the lower jaws, to follow the trade of arms and to go to sea.
'5. He who follows (these practices)
in (any) other country than the one where they prevail commits sin.
'6. For each of these practices (the
rule of) the country should be (considered) the authority.
'7, Gautama. declares that this is
false.
'8. And one should not take heed of
either (set of practices), because they are opposed to the tradition of those
learned (in the sacred law[1]).'
From this passage it appears that the
Gautama Dharma-sltra, known to Baudhâyana, expressed an opinion adverse to the
authoritativeness of local customs which might be opposed to the tradition of
the Sishtas, i.e. of those who really deserve to be called learned in the law.
Our Gautama teaches the same doctrine, as he says, XI, 20, 'The laws of
countries, castes, and families, which are not opposed to the (sacred) records,
have also authority.'
[1. ]
As clear as this reference, is the
case in which Baudhâyana has borrowed a whole chapter of our Dharmasâstra. The
chapter in question is the nineteenth, which in Gautama's work forms the
introduction to the section on penances and expiation. It is reproduced with a
number of various readings' in the third Prasna of Baudhâyana's Dharma-sltra,
where it forms the tenth and last Adhyâya. Its contents, and especially its
first Sltra which connects the section on penances with the preceding ones on
the law of castes and orders, make it perfectly clear that its proper position
can only be at the beginning of the rules on expiation, not in the middle of
the discussion, as Baudhâyana places it[2]. This circumstance alone would be
sufficient to prove that Baudhâyana is the borrower, not Gautama, even if the
name of the latter did not occur in Baudhâyana's Dharma-sltra. But the
character of many of Baudhâyana's readings, especially of those in Sltras 2,
10, 5 11, 13, and 15, which, though supported by all the MSS. and
Govindasvâmin's commentary, appear to have arisen chiefly through clerical
mistakes or carelessness, furnishes
[
2 Baudhâyana's treatment of the
subject of penances is very unmethodical. He devotes to them the following
sections: II, 1-2; II, 2, 3, 48-53; II, 2, 4; III, 5-10; and the greater part
of Prasna IV.]
even an additional argument in favour
of the priority of Gautama's text. It must, however, be admitted that the value
of this point is seriously diminished by the fact that Baudlhâyana's third
Prasna is not above suspicion and may be a later addition [1].
As regards Baudhâyana's second
reference to Gautama, the opinion which it attribute, to the latter is directly
opposed to the teaching of our Dharmasâstra. Baudlhâyana gives II, 2, 4, 16 the
rule that a Brâhmana who is unable to maintain himself by teaching,
sacrificing, and receiving gifts, may follow the profession of a Kshatriya, and
then goes on as follows[2]:
'17. Gautama declares that he shall
not do it. For the duties of a Kshatriya are too cruel for a Brâhmana.'
As the commentator Govindasvâmin also
points out, exactly the opposite doctrine is taught in our Dharmasâstra, which
(VII, 6) explicitly allows a Brâhmana to follow, in times of distress the
occupations of a Kshatriya. Govindasvâmin explains this contradiction by
assuming that in this case Baudhâyana[2] cites the opinion, not of the author
of our Dharmasâstra, but of some other Gautama. According to what has been said
above [3], the existence of two or even more ancient Gautama Dharma-sltras is
not very improbable, and the commentator may possibly be right. But it seems to
me more likely that the Sltra of Gautama (VII, 6) which causes the difficulty
is an interpolation, though Haradatta takes it to be genuine. My reason for
considering it to be spurious is that the permission to follow the trade of
arms is opposed to the sense of two other rules of Gautama. For the author
states at the end of the same chapter on times of distress, VII, 25, that 'even
a Brâhmana may take up arms when his life is in danger.' The meaning of these
words can only be, that a Brâhmana must not fight under any other
circumstances.
[1. See Sacred Books of the East,
vol. xiv, p. xxxiv seq.
2. Baudh. Dh. II, 2, 4, 17.
3. See p. lii.]
But according to Sltra 6 he is
allowed to follow the occupations of a Kshatriya, who lives by fighting. Again,
in the chapter on funeral oblations, XV, 18, those Brâhmanas 'who live by the
use of the bow' are declared to defile the company at a funeral dinner. It
seems to me that these two Sltras, taken together with Baudhâyana's assertion
that Gautama does not allow Brâhmanas to become warriors, raise a strong
suspicion against the genuineness, of VII. 6, and I have the less hesitation in
rejecting the latter Sltra, as there are several other interpolated passages in
the text received by Haradatta[1]. Among them I may mention here the Mantras in
the chapter taken from the Sâmavidhâna, XXVI, 12, where the three invocations
addressed to Siva are certainly modern additions, as the old Sltrakâtras do not
allow a place to that or any other Paurânic deity in their works. A second
interpolation will be pointed out below.
The Vâsishtha Dharma-sltra. shows
also two quotations from Gautama; and it is a curious coincidence that, just as
in the case of Baudhâyana's references, one of them only can be traced in our
Dharmasâstra. Both the quotations occur in the section on impurity, Vâs. IV,
where we read as follows '[2]:
'33. If an infant aged less than two
years, dies, or in the case ef a miscarriage, the impurity of the Sapindas
(lasts) for three (days and) nights.
'34. Gautama declares that (they
become) pure at once (after bathing).
'35. If (a person) dies in a foreign
country and (his Sapindas) hear (of his death) after the lapse of ten days, the
impurity lasts for one (day and) night.
'36. Gautama declares that if a
person who has kindled the sacred fire dies on a journey, (his Sapindas) shall
again
[1. In some MSS. a whole chapter on
the results of various sins in a second birth is inserted after Adhvâya XIX.
But Haradatta does not notice it; see Stenzler, Gautama, Preface, p. iii.
2 In quoting the Vâsishtha Dh. I
always refer to the Benares edition, which is accompanied by the Commentary of
Krishnapandita Dharmâdhikârin, called Vidvanmodinî.]
celebrate his obsequies, (burning a
dummy made of leaves or straw,) and remain impure (during ten days) as (if they
had actually buried) the corpse.'
The first of these two quotations or
references apparently points to Gautama Dh. XIV, 44, where it is said, that 'if
an infant dies, the relatives shall be pure at once.' For, though Vasishtha's
Sltra 34, strictly interpreted, would mean, that Gautama declares the relatives
to be purified instantaneously, both if an infant dies and if a miscarriage
happens, it is also possible to refer the exception to one of the two cases
only, which are mentioned in Sltra 33. Similar instances do occur in the Sltra
style, where brevity is estimated higher than perspicuity, and the learned
commentator of Vasishtha does not hesitate to adopt the same view. But, as
regards the second quotation in Sltra 36, our Gautama contains no passage to
which it could possibly refer. Govindasvâmin, in his commentary on the second
reference to Gautama in Baudhâyana's Dharmasâstra II, 2, 71, expresses the
opinion that this Sltra, too, is taken from the 'other' Gautama Dharma-sltra,
the former existence of which he infers from Baudhâyana's passage. And
curiously enough the regarding the second funeral -actually is found in the
metrical Vriddha-Gautama [1] or Vaishnava Dharma-sâstra, which, according to
Mr. Vâman Shâstrî Islâmpurkar [2], forms chapters 94-115 of the
Asvamedha-parvan of the Mahâbhârata in a Malayâlam MS. Nevertheless, it seems
to me very doubtful if Vasishtha did or could refer to this work. As the same
rule occurs sometimes in the Srauta-sltras [3], I think it more probable that
the Srauta-sltra of the Gautama school is meant. And it is significant that the
Vriddha-Gautama declares its teaching to be kalpakodita 'enjoined in the Kalpa
or ritual.'
Regarding Gautama's nineteenth
chapter, which appears in the Vasishtha Dharmasâstra as the twenty-second, I
have
[1. Dharmasâstra samgraha (Gîbânand),
p. 627, Adhy. 20, 1 seqq.
2. Parâsara Dharma Samhitâ (Bombay
Sansk. Series, No. xlvii), vol. i, p. 9.
3. See e. g. Âp. Sr. Sl.]
already stated above that it is not
taken directly from Gautama's work, but from Baudhâyana's. For it shows most of
the characteristic readings of the latter. But a few new ones also occur, and
some Sltras have been left out, while one new one, a well-known verse regarding
the efficacy of the Vaisvânara vratapati and of the Pavitreshti, has been
added. Among the omissions peculiar to Vasishtha, that of the first Sltra is
the most important, as it alters the whole character of the chapter, and
removes one of the most convincing arguments as to its original position at the
head of the section on penanccs. Vasishtha places it in the beginning of the
discussion on penances which are generally efficacious in removing guilt, and
after the rules on the special penances for the classified offences.
These facts will, I think, suffice to
show that the Gautama Dharmasâstra may be safely declared to be the. oldest of
the existing works on the sacred law[1]. This assertion must, however, not be
taken to mean, that every single one of its Sltras is older than the other four
Dharmasltras. Two interpolations have already been pointed out above [2], and
another one will be discussed presently. It is also not unlikely that the
wording of the Sltras has been changed occasionally. For it is a suspicious
fact that Gautama's language agrees closer with Pânini's rules than that of
Âpastamba and Baudhâyana. If it is borne in mind that Gautama's work has been
torn out of its original connection, and from a school-book has become a work
of general authority, and that for a long time it has been studied by Pandits
who were brought up in the traditions of classical grammar, it seems hardly
likely that it could retain much of its ancient peculiarities of language. But
I do not think that the interpolations and alterations can have affected the
general character of the book very much. It is too methodically planned and too
carefully arranged to admit of any very great changes. The fact, too, that in
[1. Professor Stenzier, too, had
arrived independently at this conclusion, see Grundriss der Indo-Ar. Phil. und
Altertumsk., vol. ii, Pt. 8, p. 5.
2. See p. lvii.]
the chapter borrowed by Baudhâyana
the majority of the variae lectiones arc corruptions, not better readings,
favours thisview. Regarding the distance in time between Gautama on the one
hand, and Baudhâyana and Vasishtha on the other, I refer not to hazard any
conjecture, as long as the position of the Gautamas among the schools of the
Sâma-veda has not been cleared up. So much only can be said that Gautama
probably was less remote from Baudhâyana than from Vasishtha. There are a few
curious terms and rules in which the former two agree, while they, at the same
time, differ from all other known writers on Dharma. Thus the term bhikshu,
literally a beggar, which Gautama[1] uses to denote an ascetic, instead of the
more common yati or sannyâsin, occurs once also in Baudlidyana's Sltra. The
sarne is the case with the rule, III, 13, which orders the ascetic not to
change his residence during the rains. Both the name bhikshu and the rule must
be very ancient, as the Gainas and Buddhists have borrowed them, and have
founded on the latter their practice of keeping the Vasso, or residence in
monasteries during the rainy season.
As the position of the Gautamas among
the Sâman schools is uncertain, it will, of course, be likewise inadvisable to
make any attempt at connecting them with the historical period of India. The
necessity of caution in this respect is so obvious that I should not point it
out, were it not that the Dharmasâstra contains one word, the occurrence of
which is sometimes considered to indicate the terminus a quo for the dates of
Indian works. The word to which I refer is Yavana. Gautama quotes, IV, 21, an
opinion of 'some,' according to which a Yavana is the offspring of a Sldra male
and a Kshatriya female. Now it is well known that this name is a corruption of
the Greek,
an Ionian, and that in India it was applied,
in ancient times, to the Greeks, and especially to the early Seleucids who kept
up intimate relations with the first Mauryas, as Well as later to the
Indo-Bactrian and Indo-Grecian kings who from the beginning of the second
century B. C. ruled
[1. Gaut. Dh. III, 2, 11; see also
Weber, Hist. Ind. Lit., P.327 (English ed.)]
over portions of north-western India.
And it has been occasionally asserted that an Indian work, mentioning the
Yavanas, cannot have been composed before 300 B. C., because Alexander's
invasion first made the Indians acquainted with the name of-the Greeks. This
estimate is certainly erroneous, as there are other facts, tending to show that
at least the inhabitants of north-wcstern India became acquainted with the
Greeks about 200 years earlier[1]. But it is not advisable to draw any
chron.ological conclusions from Gautama's Sltra, IV, 21. For, as, pointed out
in the note to the translation of Sltra IV, 18, the whole section with the
second enumeration of the mixed castes, IV, 17-21, is probably spurious.
The information regarding the state
of the Vedic literature, which the Dharmasâstra furnishes, is not very
extensive. But some of the items are interesting, especially the proof that
Gautama knew the Taittirîya Âranyaka, from which he took the first six Sltras
of the twenty-fifth Adhyâya; the Sâmavidhâna Brâhmana, from which the
twenty-sixth Adhyâya has been borrowed; and the Atharvasiras, which is
mentioned XIX, 12. The latter word denotes, according to Haradatta, one of the
Upanishads of the Atharva-veda, which usually are not considered to belong to a
high antiquity. The fact that Gautama and Baudhâyana knew it, will probably
modify this opinion. Another important fact is that Gautama, XXI, 7, quotes
Manu, and asserts that the latter declared it to be impossible to expiate the
guilt incurred by killing a Brâhmana, drinking spirituous liquor, or violating
a Guru's bed. From this statement it appears that Gautama knew an ancient work
on law which was attributed to Manu. It probably was the foundation of the
existing Mânava Dharmasâstra [2]. No other teacher on law, besides Maru, is
mentioned by name. But the numerous references to the opinions of 'some' show
that Gautama's work was not the first Dharma-sltra.
[1. See my Indian Studies, No. iii,
p. 26, note 1.
2. Compare also Sacred Books of the
East, vol. xxv, p. xxxiv seq.]
In conclusion, I have to add a few
words regarding the materials on which the subjoined translation is based. The
text published by Professor Stenzler for the Sanskrit Text Society has been
used as the basis [1]. It has been collated with a rough edition, prepared from
my own MSS. P and C, a MS. belonging to the Collection of the Government of
Bombay, bought at Belgim, and a MS. borrowed from a Puna Sâstri. But the
readings given by Professor Stenzler and his division of the Sltras have always
been followed in the body of the translation. In those cases, where the variae
lectiones of my MSS. seemed preferable, they have been given and translated in
the notes. The reason which induced me to adopt this course was that I thought
it more advisable to facilitate references to the printed Sanskrit text than to
insist on the insertion of a few alterations in the translation, which would
have disturbed the order of the Sltras. The notes have been taken from the above-mentioned
rough edition and from my MSS. of Haradatta's commentary, called Gautamîyâ
Mitâksharâ, which are now deposited in the India Office Library, Sansk. MSS.
Buhler, Nos. 165-67.
[1. The Institutes of Gautama, edited
with an index of words by A. F. Stenzler, London, 1876.]
Gautama Chapter I.
1. THE Veda is the source of the
sacred law,
2. And the tradition and practice of
those who know the (Veda).
3. Transgression of the law and
violence ate observed (in the case) of (those) great (men); but both are
without force (as precedents) on account of the weakness of the men of later
ages.
4. If (authorities) of equal force
are conflicting, (either may be followed at) pleasure.
5. The initiation of a Brâhmana
(shall ordinarily take place) in his eighth year;
[1. 1-2. Âpastamba I, 1, 1, 1-2.
3. Âpastamba II, 6, 13, 8-10.
Instances of transgressions of the law are the adultery of Kataka and
Bharadvâga, Vasishtha's marriage with the Kândâlî Akshamâlâ, Râzma Gimadagnya's
murder of his mother. Haradatta explains the term 'avara,' translated'by 'men
of later ages,' to mean 'men like ourselves' (asmadâdi). In his comment on the
parallel passage of Âpastamba be renders it by idânîntana, 'belonging to our
times;' and in his notes on Âpastamba I, 2, 5, 4, he substitutes arvâkîna
kaliyugavartin, 'men of modern times living in the Kaliyuga.' The last
explanation seems to me the most accurate, if it is distinctly kept in mind
that in the times of Gautama the Kaliyuga was not a definite period of
calculated duration, but the Iron Age of sin as opposed to the happier times
when justice still dwelt on earth.]
6. (It may also be performed) in the
ninth or fifth (years) for the fulfilment of (some particular) wish.
7. The number of years (is to be
calculated) from conception.
8. That (initiation) is the second
birth.
9. The (person) from whom he receives
that (Sacrament is called) the Âkârya (teacher).
10. And (the same title is also
bestowed) in consequence of the teaching of the Veda.
11. (The initiation) of a Kshatriya
(shall ordinarily take place) in the eleventh (year after conception), and that
of a Vaisya in the twelfth.
12. Up to the sixteenth year the time
for the Sâvitrî of a Brâhmana has not passed,
13. Nor (for the initiation) of a
Kshatriya up to the twentieth (year).
14. (And the limit for that) of a
Vaisya (extends) two years beyond (the latter term).
15. The girdles (worn by students)
shall be strings of Mushga grass, a bow-string, or a (wool) thread, according
to the order (of the castes).
16. (Their upper garments shall be)
skins of black-bucks, spotted deer, (or) he-goats.
[6. Âpastamba I, 1, 1, 20-21.
7. Âpastamba I, 1, 1, 19.
8 . Âpastamba I, 1, 1, 17-8.
9. Âpastamba I, 1, 1, 14.
10 .Manu II, 140; Yâgshavalkya I, 34.
11. Âpastamba I, 1, 1, 19.
12. Âpastamba I, 11 1, 27. Sâvitrî,
literally the Rik sacred to Sâvitrî, is here used as an equivalent for
upanayana, initiation, because one of the chief objects of the ceremony is to
impart to the neophyte the Mantra sacred to Sâvitrî, Rig-veda III, 62, 10.
13-114. Âpastamba I, 1, 1, 27.
15. Âpastamba I, 1, 2, 33-36.
16. Âpastamba I, 1, 3, 3-6.]
17. Hempen or linen cloth, the
(inner) bark (of trees), and woollen blankets (may be worn as low garments by
students) of all (castes),
18. And undyed cotton cloth.
19. Some (declare that it) even (may
be dyed) red.
20. (In that case the garment) of a
Brâhmana (shall be dyed with a red dye) produced from a tree,
21. (And those of students) of the
other two (castes shall be) dyed with madder or turmeric.
22. The staff (carried by a student)
of the Brâhmana (caste shall be) made of Biliva or Palâsa wood.
23. Staves made of Asvattha or Pilu
wood (are fit) for (students of) the remaining (two castes).
24. Or (a staff cut from a tree) that
is fit to be used at a sacrifice (may be carried by students) of all (castes).
25. (The staves must be) unblemished,
bent (at the top) like a sacrificial post, and covered by their bark.
26, They shall reach the crown of the
head, the forehead, (or) the tip of the nose (according to the caste of the
wearer).
[17. Haradatta explains kira, the
inner bark of a tree, by 'made of Kusa grass and the like.' Regarding dresses
made of Kusa grass, See the Petersburg Dict. s.v. Kusakîra. Kira may also mean
'rags,' such as were worn by Sannyâsins (see below, III, 19) and Bauddha
ascetics.
19-21. Âpastamba I, 1, 2, 41-I, 1, 3,
2.
22. Âpastamba I, 1, 2, 38.
24. 'Because the term "fit to be
used at a sacrifice" is employed, the Vibhîtaka and the like (unclean
trees) are excluded.'--Haradatta. Regarding the Vibhitaka, see Report of Tour
in Kasmîr, Journal Bombay Br. Roy. As. Soc. XXXIV A, p. 8.
25. Manu II, 47. 'Unblemished means
uninjured by worms and the like'--Haradatta.
26. Manu II, 46.]
27. (It is) optional (for students)
to shave (their heads), to wear the hair tied in a braid, (or) to keep (merely)
a lock on the crown of the head tied in a braid (shaving the other portions of
the head).
28. If he becomes impure while
holding things in his hands, he shall (purify himself) by sipping water without
laying (them on the ground).
[27. Âpastamba I, 1, 2, 31-32. The
above translation follows the reading of my MSS. mundagatilasikhâgalâ vâ, which
seems more in accordance with the Sltra style. It must, however, be understood
that the arrangement of the hair is not regulated by the individual choice of
the student, but by the custom of his family, school, or country. In the
commentary, as given by one of my MSS., it is stated the custom of shaving the
whole head prevailed among the Khandogas. Max Muller, History of Ancient
Sanskrit Literature, p. 53; Weber, Indische Studien, X, 95.
28. The above translation agrees with
Professor Stenzler's text and Manu V, 143. But according to Haradatta the
meaning of. the Sltra is not so simple. His explanation is as follows: 'If
while holding things in his hands he becomes impure, i.e. he is defiled by
urine, faeces, leavings of food, and the like (impurities) which are causes for
sipping wnter, then he shall sip water after placing those things on the
ground. This refers to uncooked food, intended to be eaten. And thus Vasishtha
(III, 4, 3, Benares edition) declares: "If he who is occupied with
eatables touches any impure substance, then he shall place that thing on the
ground, sip water, and afterwards again use it." But the following text of
another Smriti, "A substance becomes pure by being sprinkled with water
after having been placed on the ground," refers to cooked food, such as
boiled rice and the like. Or (the above Rim may mean), " If he becomes
impure while holding things in his hands, then he shall sip water without
laying them on the ground." And thus Manu (V, 143) says: "He who
carries in any manner anything in his hands and is touched by an impure
substance shall cleanse himself by sipping water without laying his burden
down." This rule refers to things not destined to be eaten, such as
garments. And in the (above) Sltra the words, "He who becomes impure shall
sip water," must be taken as one sentence, and (the whole), " If
while holding things in his hands he becomes impure, he shall sip water without
laying (them) down," must be taken as a second.'
Though it may be doubted if the
yogavibhâga, or ' division of the construction,' proposed by Haradatta, is
admissible, still it seems to me not improbable that Gautama intended his Sltra
to be taken in two different ways. For, if according to the ancient custom it
is written without an Avagraba and without separating the words joined by
Sandhi, dravyabasta ukkhishtonidhâyâkâmet, the latter group may either stand
for ukhhishto nidhâya âkâmet or for ukkhisto anidhâya âkâmet. As the
Sltra-kâras aim before all things at brevity, the Sltra may have to be read
both ways. If that had to be done, the correct translation would be: 'If while
holding things in his hands, be becomes impure, he shall (purify himself by)
sipping water, either laying (his burden) down (or) not laying it down, (as the
case may require.)']
29. (As regards) the purification of
things, (objects) made of metal must be scoured, those made of clay should be
thoroughly heated by fire, those made of wood must be planed, and (cloth) made
of thread should be washed.
30. (Objects made of) stone, jewels,
shells, (or) mother-of-pearl (must be treated) like those made of metal.
31. (Objects made of) bone and mud
(must be treated) like wood.
[29. Âpastamba I, 5, 17, 10-12; Manu
V, 115, 122.
30. Manu V, 111-112.
31. 'Bone, i.e. ivory and the like.
Mud, i.e. (the mud floor of) a house and the like. The purification of these
two is the same as that of wood, i.e. by scraping (or planing). How is it
proper that, since the author has declared (Sltra 29) that objects made of wood
shall be purified by planing, the expression "like wood" should be
substituted (in this Sltra)? (The answer is that), as the author uses the
expression "like wood," when he ought to have said "like objects
made of wood," he indicates thereby that the manner of purification is the
same for the material as for the object made thereof.'--Haradatta. The Sltra
is, therefore, a so-called Gshapaka, intended to reveal the existence of a
general rule or paribhâshâ which has not been given explicitly.]
32. And scattering (earth taken from
a pure spot is another method of purifying defiled) earth.
33. Ropes, chips (of bamboo), and
leather (must be treated) like garments.
34. Or (objects) that have been
defiled very much may be thrown away.
35. Turning his face to the east or
to the north, he shall purify himself from personal defilement.
36. Seated in a pure place, placing
his right arm between his knees, arranging his dress (or his
[32. 'Scattering over, i.e. heaping
on (earth) after bringing it from another spot is an additional method of
purifying earth. With regard to this matter Vasishtha (III, 57) says:
"Earth is purified by these four (methods, viz.) by digging, burning
scraping, being trodden on by cows, and, fifthly, by being smeared with cowdung."'--Haradatta.
What Haradatta and probably Gautama
mean, is that the mud floors of houses, verandahs, and spots of ground selected
for sitting on, if defiled, should be scraped, and that afterwards fresh earth
should be scattered over the spot thus cleansed. See, however, Manu V, 125, who
recommends earth for the purification of other things also. The Sltra may also
be interpreted so as to agree with his rule.
33. 'Chips (vidala), i.e. something
made of chips of ratan-cane or bamboo, or, according to others, something made
of feathers.'--Haradatta.
34. 'The word "or" is used
in order to exclude the alternative (i.e. the inethods of purification
described above).'--Haradatta. For the explanation of the expression 'very
much' Haradatta refers to Vasishiha III, 58, with which Manu V, 123 may be
compared.
35. 'The alternative (position)
depends on the pleasure of the performer.'--Haradatta.
36. My MSS. more conveniently make
five Sltras of Professor Sterizler's one Sltra. The divisions have been marked
in the translation by semicolons.
a. 'How many times? Three times or
four times; the alternative depends upon the pleasure of the performer. Another
(commentator says): When, according to a special rule of the Vedas the sipping
must be accompanied by the recitation of sacred texts, then the act shall be
repeated four times, else three times.'--Haradatta.
b. The custom of touching the lips
twice is noted as the opinion of some, by Âpastamba I, 5, 16, 4.
c. '"Sprinkle his feet
and." On account of the word "and" he shall sprinkle his head
also.'--Haradatta.
d. '"Touch the cavities,
&c." Here the word "and" indicates that each organ is to be
touched separately.'--Haradatta. Regarding the manner of touching, see
Âpastamba I, 5, 16, 5 and 7 note.
e. '"(And finally) place,"
&c. Because the word "and" is used, he shall touch the navel and
the head with all the fingers'--Haradatta. Regarding the whole Âkamanakalpa,
see Âpastamba I, 5, 16, 1 seq.]
sacrificial cord) in the manner
required for a sacrifice to the gods, he shall, after washing his hands up to
the wrist, three or four times, silently, sip water that reaches his heart;
twice wipe (his lips); sprinkle his feet and (his head); touch the cavities in
the head (severally) with (certain fingers of his) right hand; (and finally) place
(all the fingers) on the crown of his head and (on the navel).
37. After sleeping, dining, and
sneezing (he shall) again (sip water though he may have done so before).
38. (Remnants of food) adhering to
the teeth (do not make the eater impure as little) as his teeth, except if he
touches them with his tongue.
39. Some (declare, that such remnants
do not defile) before they fall (from their place).
40. If they do become detached, he
should know that he is purified by merely swallowing them, as (in the case of)
saliva.
[37. Manu V, 145.
38. Manu V, 141.
39. Vasishtha III, 41.
40. 'As the author ought to have
said, "If they become detached, he is purified by merely swallowing
them," the addition of the words "he should know" and "as
in the case of saliva" is intended to indicate that in the case of saliva,
too, he becomes pure by swallowing it, and that purification by sipping need
not be considered necessary.'--Haradatta. This Sltra consists of the second
half of a verse, quoted by Baudhâyana I, 5, 8, 25, and Vasishtha III, 41.]
41. Drops (of saliva) failing from
the mouth do not cause impurity, except if they fall on a limb of the body.
42. Purification (from defilement) by
unclean substances (has been effected) when the stains and the (bad) smell have
been removed.
43. That (should be done) by first
(using) water and (afterwards) earth,
44. When urine, fæces, or semen fall
on a (limb) and when (a limb) is stained (by food) during meals (water should
be sipped).
45. And in case the Veda ordains (a
particular manner of purification, it must be performed according to the
precept).
46. Taking hold with (his right) hand
of the left
[41. Âpastamba I, 5, 16, 12.
42. In explanation of the term
amedhya, 'unclean substances,' Haradatta quotes Manu V, 135.
43. Manu V, 134; see also Âpastamba
I, 5, 16, 15.
44. Âpastamba I, 5, 16, 14.
45. 'If the Veda ordains any
particular manner of purification for any particular purpose, that alone must
be adopted. Thus the sactificial vessels called kamasa, which have been stained
by remnants of offerings, must be washed with water on the heap of earth called
mârgâlîya.'--Haradatta.
46. This and the following rules refer
chiefly to the teaching of the Sâvitrî, which forms part of the initiation.
According to Gobhila Grihya-sltra II, 10, 38, the complete sentence addressed
to the teacher is, 'Venerable Sir, recite! May the worshipful one teach me the
Sâvitrî!']
hand (of his teacher), but leaving
the thumb free, (the pupil) shall address his teacher, (saying): 'Venerable
Sir, recite!'
47. He shall fix his eyes and his
mind on the (teacher).
48. He shall touch with Kusa grass
the (seat of the) vital airs.
40. He shall thrice restrain his
breath for (the space of) fifteen moments;
50. And he shall seat himself on
(blades of Kusa grass) the tops of which are turned toward the east.
51. The five Vyâhritis must (each) be
preceded by (the syllable) Om and end with Satya.
52. (Every) morning the feet of the
teacher must be embraced (by the pupil),
53. And both at the beginning and at
the end of a lesson in the Veda.
54. After having received permission,
the pupil
[47. Âpastamba I, 2, 5, 23; I, 7, 6,
20; Manu II, 192.
48. 'The (seat of the) vital airs are
the organs of sense located in the head. The pupil shall touch these, his own
(organs of sense) located in the head, in the order prescribed for the Âkamana
(see Âpastamba, I, 5, 16, 7 note).'--Haradatta, See also Manu II, 75.
49., Passing one's hand along the
side of the knee, one will fill the space of one Trutikâ. That is one moment
(Matra).'--Haradatta. Manu II, 75.
50. Manu II, 75.
51. 'In the Vyâhriti-sâmans (see
Burnell, Ârsbeya-br., Index s.v.) five Vyâhritis are mentioned, viz. Bhlh,
Bhuvah, Svah, Satyam, Purushah. Each of these is to be preceded by the syllable
Om. But they are to end with Purushah, which (in the above enumeration)
occupies the fourth place.'--Haradatta, See also Manu II, 75 seq.
52-53. Âpastamba I, 2, 5, 18-20.
54. Âpastamba I, 2, 6, 24; Manu II,
193. Turning his face towards the east or towards the north." This
alternative depends upon (the nature of) the business.'--Haradatta.]
shall sit down to the right (of his
teacher), turning his face towards the east or towards the north,
55. And the Sâvitrî must be recited;
56. (All these acts must be
performed) at the beginning of the instruction in the Veda.
57. The syllable Om (must precede the
recitation of) other (parts of the Veda) also,
58. If (any one) passes between (the
teacher and the pupil) the worship (of the teacher must be performed) once
more.
59. If a dog, an ichneumon, a snake,
a frog, (or) a cat (pass between the teacher and the pupil) a three days' fast
and a journey (are necessary).
[55. Manu II, 77.
56. 'All those acts beginning with
the touching of the organs of sense with Kusa grass and ending with the
recitation of the Sâvitrî, which have been prescribed (Sltras 48-57, must be
performed before the pupil begins to study the Veda with his teacher, but
should not be repeated daily. After the initiation follows the study of the
Sâvitrî. The touching of the organs of sense and the other (acts mentioned)
form part of this (study). But the rules prescribed in the three Sltras, the
first of which is Sltra 52, and the rule to direct the eye and mind towards the
teacher (Sltra 47), must be constantly kept in mind. This decision is confirmed
by the rules of other Smitris and of the Grihya-sltras.'--Haradatta.
57. Âpastamba I, 4, 13, 6-7.
58. 'The worship of the teacher
(upasadana) consists in the performance of the acts prescribed in Sltras 46-57,
with the exception of the study of the Sâvitrî and the acts belonging to that.
The meaning of the Sltra is that, though the worship of the teacher may have
already been performed in the morning of that day, it must, nevertheless, be
repeated for the reason stated.'--Haradata.
59. 'A journey (vipravâsa) means
residence in some other place than the teacher's house.'--Haradatta. The
commentator adds that the somewhat different rule, given by Manu IV, 126, may
be reconciled with the above, by referring the former to the study for the sake
of remembering texts recited by the teacher (dhâranâdhyayana), and the latter
to the first instruction in the sacred texts.]
60. (In case the same event happens)
with other (animals, the pupil) must thrice restrain his breath and eat
clarified butter,
61. And (the same expiation must be
performed), if (unwittingly) a lesson in the Veda has been given on the site of
a burial-ground.
[60. 'This penance must be performed
by the pupil, not by the teacher. Others declare that both shall perform
it.'--Haradatta.
61. See also Âpastamba I, 3, 9, 6-8.
The last clauses of this and all succeeding chapters are repeated in order to
indicate that the chapter is finished.]
Gautama Chapter II.
1. Before initiation (a child) may
follow its inclinations in behaviour, speech, and eating. (It shall) not
partake of offerings. (It shall remain) chaste. It may void urine and fæces
according to its convenience.
[II. 1. In concluding the explanation
of this Sltra, Haradatta states that its last clause is intended to give an
instance of the freedom of behaviour permitted to a child. In his opinion
Gautama indicates thereby that a person who, before initiation, drinks
spirituous liquor, commits murder or other mortal sins, becomes an outcast, and
is liable to perform the penances prescribed for initiated sinners. In support
of this view be quotes a passage, taken from an unnamed Smriti, according to
which the parents or other relatives of children between five and eleven years
are to perform penances vicariously for the latter, while children between
eleven and fifteen years are declared to be liable to half the penances
prescribed for initiated adults. Hence he infers that though the above text of
Gautama speaks of uninitiated persons in general, its provisions really apply
to children under five years of age only. Though it would seem that some of
Gautama's rules refer to half-grown persons rather than to infants or very
young boys, it is impossible to assume that Gautama meant to give full licence
of behaviour, speech, and eating to Brâmanas who were not initiatcd before
their sixteenth ycar, or to Kshatriyas and Vaisyas up to the age of twenty and
twenty-two. It seems more likely that, as Haradatta thinks, his rules are meant
in the first instance for infants and very young children only, and that he
intended the special cases of half-grown or nearly 'grown up boys to be dealt
with according to the custom of the family or of the country.]
2. No rule of (purification by)
sipping water is prescribed for it. But (the stains of impure substances) shall
be removed by wiping, by washing, or by sprinkling water.
3. (Other persons) cannot be defiled
by the touch of such (a child).
4. But one must not employ a (child)
to perform oblations in the fire or Bali-offerings;
5. Nor must one make it recite Vedic
texts, except in pronouncing Svadhâ.
6. The restrictive rules, (which will
be enumerated hereafter, must be obeyed) after initiation,
7. And (for a student the duty of)
chastity, which has been prescribed (above for a child is likewise obligatory),
8. (Also) to offer (daily) sacred
fuel in the fire, and to beg, to speak the truth, (and) to bathe (daily).
[2. Haradatta points out that the
Sltra does not forbid uninitiated persons to sip water, but that it merely
denies the applicability of the rules (kalpa) given above, I, 36. Uninitiated
persons may, therefore, sip water in the manner practised by women and Sldras.
4. Âpastamba II, 6, 15, 18; Manu XI,
36.
5. 'The expression " pronouncing
Svadhâ" includes by implication the performance of all funeral
rites.'--Haradatta.
7. Âpastamba I, 1, 2, 26.
8. Âpastamba I, 1, 4, 14-17; I, 1, 3,
25; I, 2, 28-30; Manu II, 176.]
9. Some (declare, that the duty) to
bathe (exists) after (the performance of) the Godâna (only).
10. And the morning and evening
devotions (Sandhyâ must be performed) outside (the village).
11. Silent he shall stand during the
former, and sit during the latter, from (the time when one) light (is still
visible) until (the other) light (appears).
12. He shall not look at the sun.
13. He shall avoid honey, meat,
perfumes, garlands, sleep in the day-time, ointments, collyrium, a carriage,
shoes, a parasol, love, anger, covetousness, perplexity, garrulity, playing
musical instruments, bathing (for pleasure), cleaning the teeth, elation,
dancing, singing, calumny, (and) terror,
14. (And) in the presence of his
Gurus, covering his throat, crossing his legs, leaning (against a wall or the
like, and) stretching out his feet,
15. (As well as) spitting, laughing,
yawning, cracking the joints of the fingers,
[9. Regarding the sacrament called
Godâna, see Gobhila Grihya-sltra I, 9, 26.
10. Âpastamba I, 11, 30, 8.
11. 'From (the time when one) light
(is still visible,' &c.), i.e. in the morning from the time when the stars
are still visible until the sun rises, and in the evening from the time when
the sun still stands above the horizon until the stars appear. Haradatta
observes that, as Manu II, 102 prescribes the recitation of the Gâyatrî during
the morning and evening devotions, either his or Gautama's rule may be
followed. He adds that another commentator refers the injunction to keep
silence to conversations on worldly matters only. He himself has adopted this
view in his commentary on Âpastamba I, 11, 30, 8.
12. Âpastamba I, 11, 31, 18.
13. Âpastamba I, 1, 2, 23-28; I, 1,
3, 11-14, 20-24; I, 2, 7, 5.
14. Âpastamba I, 2, 6, 3, 14, 17-18.
The term Guru includes, besides the teacher, the parents and othei venerable
persons.
15. Âpastamba I, 2, 7, 6-7; II, 2, 5,
9.Haradatta observes that this Sltra again contains a general rule, and does
not merely refer to the presence of Gurus.]
16. To gaze at and to touch women, if
there is danger of a breach of chastity,
17. Gambling, low service, to take
things not offered, to injure animate beings,
18. To pronounce the names of the
teacher, of the (teacher's) sons and wives, and of a person who has performed
the Dikshanîyeshti of a Soma-sacrifice,
19. To make bitter speeches.
20. A Brâhmana (shall) always
(abstain from) spirituous liquor.
21. (A student) shall occupy a seat
and a couch lower (than those of his teacher), shall rise before (him) and
retire to rest after (him).
22. He shall keep his tongue, his
arms, and his stomach in subjection.
23. (If it is absolutely necessary to
pronounce),
[16. Âpastamba I, 2, 7, 3, 8-10.
17. Âpastamba. I, 1, 3, 12.
'"Low service," i.e. service by wiping off urine, fæces, and the
like. . . . That is not even to be performed for the teacher. Or the expression
may mean that he shall not serve a teacher deficient in learning and virtue.
The same opinion is expressed by Âpastamba I, 1, x,11.'--Haradatta.
18. Manu II, 199.
19. Âpastamba I, 2, 7, 24.
20. 'A Brahmana shall avoid it
always, i.e. even as a householder; Kshatriyas and Vaisyas need do it only as
long as they are students. But in their case, too, they forbid the use of,
liquor distilled from bruised rice, under all circumstances.'--Haradatta.
21. Âpastamba I, 1, 2, 21; I, 1, 4,
22, 28.
22. Âpastamba I, 1, 3, 13. 'Keeping
his arms in subjection means that he shall not (without a cause) break clods of
earth and the like. Keeping his stomach in subjection, i.e. eating with
moderation.'--Haradatta.
23. 'He shall indicate it by another
synonymous word, e.g. instead of saying, "Haradatta (given by Hara),"
he shall say, the venerable Bhavarâta (given by Bhava)."'--Haradatta.]
his teacher's name and family-name,
he ought to indicate it by (using) a synonymous term.
24. (He must speak) in the same
(respectful) manner of a man who is (generally) revered and of his betters.
25. (If the teacher speaks to him),
he shall answer after having risen from his couch or seat (in case he was lying
down or sitting
26. At the command (of his teacher)
he shall approach, though the (teacher) may not be visible.
27. And if he sees his teacher
standino, or sitting in a lower place or to the leeward or to the windward, he
shall rise (and change his position).
28. If (his teacher) is walking, he
shall walk after him, informing him of the work (which he is going to do and)
telling (him what he has done).
29. He shall study after having been
called (by the teacher, and not request the latter to begin the lesson).
[25. Âpastamba I, 2, 6, 5-7.
26. He must not think that, as the
teacher cannot see him, he need not obey the summons.
27. Âpastamba I, 2, 6, 15, 23.
28. 'Work (karma) means performance.
The meaning is that the pupil shall announce to his teacher the performance of
all he is going to do. But what is useful for the teacher, as fetching water
and the like, be shall inform him of the performance of that, i.e. knowing
himself (without being told) that such work is necessary at a particular time (and
acting on this knowledge). Any other explanation of this Sltra does not please
me.'--Haradatta. See also Âpastamba I, 2, 6, 8. My MSS. divide this Sltra into
two, beginning the second with 'Informing' &c. Haradatta's final remark,
quoted above, seems to indicate that the division was intended by him.
29. Âpastamba I, 2, 5, 26.]
30. He shall be intent on (doing)
what is pleasing and serviceable (to the teacher).
31. And (he shall behave) towards
(the teacher's) wives and sons just as (towards the teacher),
32. But not eat their leavings,
attend them while bathing, assist them at their toilet, wash their feet,
shampoo them nor embrace their feet.
33. On returning from a journey he
shall embrace the feet of the wives of his teacher.
34. Some declare, that (a pupil) who
has attained his majority is not (to act thus) towards young (wives of his
teacher).
35. Alms may be accepted from men, of
all castes, excepting Abhisastas and outcasts.
36. (In begging) the word 'Lady' must
be pronounced in the beginning, in the middle, or at the end (of the request),
according to the order of the castes.
37. (He may beg in the houses) of the
teacher, of blood relations, (or) of Gurus, and in his own, if he obtains no
(alms) elsewhere.
[30. Âpastamba I, 1, 4, 23.
31. Âpastamba I, 2, 7, 27, 30; Manu
II, 207-212.
34. 'One who has attained his
majority, i.e. one who has completed his sixteenth year and is (already) a
youth.'--Haradatta.
35. Haradatta explains abhisasta by
upapâtakin, 'one who has committed a minor offence,' apparently forgetting
Âpastamba I, 7, 21, 7. See also Âpastamba I, 1, 3, 25.
36. Âpastamba I, 1, 3, 28-30, where
the formulas have been given in the notes. Haradatta remarks that the Gaimini
Grihya-sltra forbids the lengthening or drawling pronunciation of the syllables
kshâm and hi in begging. Baudhâyana I, 2, 3, 16 likewise forbids it. In the
text read varnânuplrvyena.
37. Manu II, 184. It.is just possible
that the translation ought to be 'in the houses of his teacher's blood
relations,' instead of 'in the houses of his teacher (and) of blood
relations.']
38. Among these he shall avoid each
preceding one (more carefully than those named later).
39. Having announced to the teacher
(what he has received) and having received his permission, the (student) may
eat (the collected food).
40. If (the teacher) is not present,
(he shall seek the permission to eat) from his (teachets) wives or sons, from
fellow-students or virtuous (strangers).
41. Having placed water by his side,
(he shall eat) in silence, contented, (and) without greed.
42. (As a rule) a pupil shall not be
punished corporally.
43. If no (other course) is possible,
(he may.be corrected) with a thin rope or a thin cane.
44. If (the teacher) strikes him with
any other (instrument), he shall be punished by the king.
45. He shall remain a student for
twelve years in order (to study) one (recension of the Veda),
46. Or, if (he studies) all (the
Vedas) twelve years for each,
47. Or during (as long a period as he
requires for) learning (them).
48. On completion of the instruction
the teacher must be offered a fee.
[38. The meaning of the Sltra is,
that if a student does not obtain anything from strangers, he shall first go to
his own family, next to the houses of Gurus, i.e. paternal and maternal uncles
and other venerable relatives, then to his other blood relations, i.e.
Sapindas, and in case of extreme necessity only apply to the teacher's wife.
39. Âpastamba I, 1, 3, 31-32.
40. Âpastamba I, 1, 3, 33-34.
41. Manu II, 53-54.
42. Âpastamba I, 2, 8, 29; Macnaghten,
Mitâksharâ IV, 1, 9.
43. Manu VIII, 299.
45-47. Âpastamba I, 1, 2, 12-16.
48. Âpastamba I, 2, 7, 19.]
40, After (the pupil) has paid (that)
and has been dismissed, he may, at his pleasure, bathe (as is customary on
completion of the studentship).
50. The teacher is chief among all
Gurus.
51. Some (say) that the mother (holds
that place).
[49. Âpastamba I, 2, 8, 30.
50. Manu II, 225-237.]
Gautama Chapter III.
1. Some (declare, that) he (who has
studied the Veda) may make his choice (which) among the orders (he is going to
enter).
2. (The four orders are, that of) the
student, (that of) the householder, (that of) the ascetic (bhikshu), (and that
of) the hermit in the woods (vaikhânasa).
[III. 1. Other Smritikâras maintain
that a Brâhmana must pass through all the four orders. Compare Âpastamba II, 9,
21, 5.
Manu VI, 34-38; and the long
discussion on the comparative excellence of the orders of householders and of
ascetics. Âpastamba II, 9, 2 3, 3-II, 9, 2 4, 14.
2. 'Though the order of studentship
has already been described above, still in the following chapter the rules for
a professed (naishthika) student will be given (and it had therefore again to
be mentioned). Bhikshu has generally been translated by ascetic (sannyâsin).
Vaikhânasa, literally, he who lives according to the rule promulgated by
Vikhanas, means hermit. For that (sage) has chiefly taught that order. In all
other Sâstras (the order of) hermits is the third, and (the order of) ascetics
the fourth. Here a different arrangement is adopted. The reason of the
displacement of the hermit is that the author considers the first-named three
orders preferable. Hence if a man chooses to pass through all four, the
sequence is that prescribed in other Sâstras.'--Haradatta. In making these statements
the commentator has apparently forgotten that Âpastamba (II, 9, 21, 1) agrees
exactly with Gautama. It is, however, very probable that Haradatta has given
correctly the reason why the hermit is placed last by our author and by
Âpastamba.]
The householder is the source of
these, because the others do not produce offspring.
4. Among them a (professed) student
(must follow the rples) given (in the preceding chapters).
5. He shall remain obedient to his
teacher until (his) end.
6. In (the time) remaining after (he
has attended to) the business of his Guru, he shall recite (the Veda).
7. If the Guru dies, he shall serve
his son,
8. (Or) if there is no (son of the
teacher), an older fellow-student, or the fire.
9. He who lives thus, gains the
heaven of Brahman, and (of him it is said that) he has subdued his organs (of
sense and action).
10. And these (restrictions imposed
on students Must also be observed by men) of other (orders, provided they are)
not opposed (to their particular duties).
11. An ascetic shall not possess
(any) store.
12. (He must be) chaste,
13. He must not change his residence
durincr the rainy season.
[3. Manu VI, 87.
4. Âpastamba I, 1, 4, 29.
5. Âpastamba II, 9, 21, 6.
6. According to Haradatta the term
Guru here includes the father.
But see the next Sltra, where Guru
can only mean the teacher.
10. Âpastamba II, 9, 21, 3-4. My MSS.
have uttareshâm, 'of the later named,' instead of itareshâm, 'of the other'
(orders), both in the Sltra and in subsequent quotations of the same.
11. Âpastamba II, 9, 21, 8-10; Manu
VI, 41-43; Colebrooke, Mitâksharâ II, 8, 7.
13. This rule shows that the Vasso of
the Bauddhas and Gainas is also derived from a Brahmanical source; see also
Baudhâyana 11, 6, 11, 20.]
14. He shall enter a village (only)
in order to beg.
15. He shall beg late (after people
have finished their meals), without returning (twice),
16. Abandoning (all) desire (for
sweet food).
17. He shall restrain his speech, his
eyes, (and) his actions.
18. He shall wear a cloth to cover
his nakedness.
19. Some (declare, that he shall
wear) an old rag, after having washed it.
20. He shall not take parts of plants
and trees, except such as have become detached (spontaneously).
21. Out of season he shall not dwell
a second night in (the same) village.
22. He may either shave or wear a
lock on the crown of the head.
23. He shall avoid the destruction of
seeds.
24. (He shall be) indifferent towards
(all) creatures, (whether they do him) an injury or a kindness.
25. He shall not undertake (anything
for his temporal or spiritual welfare).
[15. Manu VI, 55-56.
19. Âpastamba II, 9, 2 1, 11.
20. He shall not appropriate, i.e.
take parts of these, i.e. fruits, leaves, and the like, which have not been
detached, i.e. have not fallen off. But he may take what has become detached
spontancously.'--Haradatta.
21. Out of season, i.e. except in the
rainy season, during which, according to Sltra 13, an ascetic must not wander
about.
23. 'He shall avoid, i.e. neither
himself nor by the agency of others cause the destruction, i.e. the pounding by
means of a pestle or the like, of seedq, i.e. raw rice and the like. Hence he
shall accept as alms cooked food only, not rice and the like.'--Haradatta.]
26. A hermit (shall live) in the
forest subsisting on roots and fruits, practising austerities.
27. Kindling the fire according to
the (rule of the) Srâmanaka (Sltra, he shall offer oblations in the morning and
evening).
28. He shall eat wild-growing
(vegetables only).
29. He shall worship gods, manes,
men, goblins, and Rishis.
30. He shall receive hospitably (men
of) all (castes) except those (with whom intercourse is) forbidden.
31. He may even use the flesh of
animals killed by carnivorous beasts.
32. He shall not step on ploughed
(land),
33. And he shall not enter a village.
34. He shall wear (his hair in)
braids, and dress in (garments made of) bark and skins.
35. He shall not eat anything that
has been hoarded for more than a year.
[26. Âpastamba II, 9, 21, 18-II, 9,
23, 2. 'Austerities (tapas) means emaciating his body.'--Haradatta.
27. 'He shall offer oblations in the
morning and evening,' (these words), though not expressed, are understood.
29. i.e. he shall perform the five
Mahâyagshas, just like a householder, only using wild-growing fruits, roots,
&c., for the oblations.
31. 'They declare, that baishka means
the flesh of an animal, slain by a tiger or the like. He may use even that. The
word "even" implies blame. Hence this is a rule for times of
distress, and it must be understood that such food is to be eaten only on failure
of roots and fruits and the like.'--Haradatta. The commentator adds that the
flesh of forbidden animals must be avoided.
34. According to Haradatta the lower
garment sliall be made of kira, which he again explains as cloth made of Kusa
grass and the like, and the upper of a skin.
35. Haradatta reads atisamvatsaram,
not atsâmvatsararn, as in Professor Stenzier's edition, though he notices the
latter reading. Manu VI, 15]
36. But the venerable teacher
(prescribes) one order only, because the order of householders is explicitly
prescribed (in the Vedas).
[36. 'The duties of a householder,
the Agnihotra, and the like, are frequently prescribed and praised in all
Vedas, Dharmasâstras, and Itihâsas. As, therefore, the order of householders is
explicitly prescribed, this alone is the order (obligatory on all men). But the
other orders are prescribed only for those unfit for the (duties of a
householder). That is the opinion of many teachers.'--Haradatta. Haradatta's
explanation of âkâryâh, which he takes to mean 'many teachers,' seems to me
inadmissible. Eke, 'some (teachers)', is used in that sense, and âkâryâh cannot
possibly be a synonymous term. Further on (IV, 23) Haradatta himself admits
that by âkâryâh one teacher is meant. It must be translated 'the venerable
teacher,' because the Hindus are very fond of the use of the pluralis
majestatis. I have no doubt that Gautama means his own teacher, whom, of
course, etiquette forbids him to name. See also R. Garbe, Uebersetzung des
Vaitâna-sltra, I, 3.]
Gautama Chapter IV.
1. A householder shall take a wife
(of) equal (caste), who has not belonged to another man and is younger (than
himself).
2. A marriage (may be contracted)
between persons who have not the same Pravaras,
3. (And) who are not related within
six degrees on the father's side,
4. Or on the side of the begetter,
[IV. i. Âpastamba II, 6, 13, 1; Manu
III. 4, 12; Yâgsh. I, 52.
2. Regarding the Pravaras, see Max
Muller's History of Ancient Sanskrit Literature. p. 386. Âpastamba II, 5, 11,
15.
3. Âpastamba II, 5, 11, 16; Manu III,
5; Yâgsh. I, 52.
4. This rule refers to the case where
a husband has made over his wife to another man and the bridegroom stands in
the relation of a son to the husband of his mother and to his natural father
(dvipitâ). See Yâgsh. I, 68.]
5. (Nor) within four degrees on the
mothers side.
6. (If the father) gives (his
daughter) dressed (in two garments) and decked with ornaments to a person
possessing (sacred) learning, of virtuous conduct, who has relatives and a
(good) disposition, (that is a) Brâhma (wedding).
7. At the Prâgâpatya (wedding) the
marriage formula is, 'Fulfil ye the law conjointly.'
8. At the Ârsha (wedding the
bridegroom) shall present a cow and a bull to him who has (authority over) the
maiden.
9. (If the bride) is given, decked
with ornaments. to a priest at the altar, that is a Daiva wedding.
10. The spontaneous union with a
willing (maiden is called) a Gândharva wedding.
11. If those who have (authority
over) a female are propitiated by money, (that is) an Âsura wedding.
12. (If the bride) is taken by force,
(that is) a Râkshasa wedding.
13. If (a man) embraces a female
deprived of consciousness, (that is) a Paisâka wedding.
14. The first four (rites) are
lawful;
15. Some say, (the first) six.
[5. Yâgsh. I, 53.
6. Âpastamba II, 5, 11, 17. 'Virtuous
conduct (kâritra), i.e. the performance of the acts prescribed (in the Vedas
and Smritis), . . . . good disposition (sîla), i.e. faith in the ordinances of
the law.'--Haradatta.
7. Manu III, 30; Yâgsh, I, 60.
8. Âpastamba II, 5, 11. 18.
9. Âpastamba II, 5, 11, 19.
10. Âpastamba II, 5, 11, 20.
11. Âpastamba II, 5, 12, 1.
12. Âpastamba II, 5, 1 2, 2.
13. Manu III, 34; Yâgsh. I, 61.
14. Manu III, 24, 39.
15. Manu III, 23.]
16. (Children) born in the regular
order of wives of the next, second or third lower castes (become) Savarnas,
Ambashthas, Ugras, Nishâdas, Daushyantas or Pârasavas.
17. (Children born) in the inverted
order (of wives of higher castes become) Sltas, Mâgadhas, Âyogavas, Kshattris,
Vaidehakas or Kandâlas.
18. Some declare, that a woman of the
Brâhmana caste has born successively to (husbands of) the (four) castes, sons
(who are) Brâhmanas, Sltas, Mâgadhas or Kandâlas;
19. (And that) a woman of the
Kshatriya caste (has born) to the same, Mlrdhâvasiktas, Kshatriyas, Dhîvaras,
Pulkasas;
20. Further, a woman of the Vaisya
caste to the same, Bhrigyakanthas, Mâhishyas, Vaisyas, and Vaidehas;
21. (And) a woman of the Sldra caste
to the same, Pârasavas, Yavanas, Karanas, and Sldras.
[16. I.e. from a Brâhmana and a
Kshatriyâ springs a Savarna, from a Brâhmana and a Vaisyâ a Nishâda, from a
Brâhmana and a Sldrâ a Pârasava, from a Kshatriya and a Vaisyâ an Ambashtha,
and from a Kshatriya and a Sldrâ a Daushyanta, from a Vaisya and a Sldrâ an
Ugra. Compare for this and the following five Sltras Manu X, 6-18; Yâgsh. I,
91-95.
17. I.e. from a Kshatriya and a
Brâhmanî springs a Slta, from a Vaisya and a Kshatriya a Mâgadha, from a Sldra
and a Vaisyâ an Âyogava, fiom a Vaisya and a Brâhmanî a Kshattri, from a Sldra
and a Kshatriyâ a Vaidehaka, from a Sldra and a Brâhmanî a Kandâla.
18. The words 'Some declare' stand
only at the end of Sltra 21. But Haradatta rightly declares that they refer to
all the four Sltras. The proof for the correctness of his interpretation lies
in the use of the form agîganat, which refers to each of the Sltras. The four
Sltras are, however, probably spurious, as Sltra 28 refers back to Sltra 17 by
calling the Kandâla 'the last (named).']
22. In the seventh (generation men
obtain) a change of caste, either being raised to a higher one or being
degraded to a lower one.
23. The venerable teacher declares
(that this happens) in the fifth (generation).
24. And (the same rule applies) to
those born (from parents of different classes that are) intermediate between
(two of the castes originally) created (by Brahman).
25. But those born in the inverse
order (from fathers of a lower and mothers of a higher caste stand) outside
(the pale of) the sacred law,
[22. Âpastamba II, 5, 11, 10-11.
'That is as follows: If a Savarnâ female, born of the Kshatriya wife of a
Brâmana, is married to a Brâmana, and her female descendants down to the
seventh likewise, then the offspring which that seventh female descendant bears
to her Brâmana husband is equal in caste to a Brâmana. In like manner, if a
Savarna male, the son of a Brâmana and of his Kshatriya wife, again marries a
Kshatriya wife and his male descendants down to the seventh likewise, then the
offspring of that seventh male descendant is equal in caste to a Kshatriya. The
same principle must be applied to the offspring of Kshatriyas and wives of the
Vaisya caste as well as to Vaisyas and wives of the Sldra caste.'--Haradatta.
23. '(The venerable) teacher opines
that the change of caste takes place in the fifth generation. They declare that
the plural may be used to denote one teacher. This Sltra refers to (cases of
extraordinary merit acquired through) virtuous conduct and study of the
Veda.'--Haradatta. It is clear that in this case Haradatta, too, has seen that
the word âkâryâh has another force than the more common eke; see above, note to
III, 36.
24. 'That is as follows: If the
daughter of a Savarna, born of a wife of the Ambashtha caste, is married again
to a Savarna, and her female descendants down to the seventh likewise, then the
offspring of that seventh female descendant, begotten by a Savarna husband, is
equal in caste to a Savarna.'--Haradatta. Regarding the birth of the four
castes from Brahman, see Rig-veda X, 90, 12.
25. Manu X, 41, 67-68.]
26. As well as (those born in the
regular order) from a female of the Sldra caste.
27. But he whom a Sldra (begets) on a
female of unequal caste shall be treated like an outcast.
28. The last (named, the Kandâla), is
the foulest.
29. Virtuous sons (born of wives of
equal caste) and wedded according to approved rites sanctify (their father's
family).
30. (A son born of a wife married)
according to the Ârsha rite (saves) three ancestors (from hell),
31. (A son born of a wife married)
according to the Daiva rite ten,
32. (A son born of a wife married)
according to the Prâgâpatya rite, also ten.
3.3. (But) the son of a wife married
according to the Brâhma rite (saves) ten ancestors, ten descendants, and
himself.
[26. Manu X, 68.
27. '"Shall be treated like an
outcast," i.e. one must avoid to look at him, &c., just as in the case
of an outcast.'--Haradatta.
28. Manu X, p. 56.
30. Manu III, 38; Yâgsh. I, 59.
31. Manu III, 38; Yâgsh. I, 59.
32. Manu III, 38; Yâgsh. I, 60.
33. Manu III, 37; Yâgsh. I, 58.]
Gautama Chapter V.
1. (A householder) shall approach
(his wife) in the proper season,
2. Or (he may do so) at any time
except on the forbidden (days).
[V. 1. Âpastamba II, 1, 1, 17.
2. Âpastamba II, 1, 1, 18.]
3. He shall worship gods, manes, men,
goblins, (and) Rishis.
4. Every day he shall recite
privately (a portion of the Veda),
5. And the (daily) libation of water
to the manes (is obligatory on him).
6. Other (rites than these he may
perform) according, to his ability.
7. The (sacred) fire (must be
kindled) on his marriage or on the division of the family estate.
8. The domestic (ceremonies must be
performecil with (the aid of) that (fire).
9. (Also) the sacrifices to the gods,
manes, (and) men? and the private recitation (and) the Bali-offerings.
[3. Âpastamba I, 4, 12, 15; I, 4, 13,
1; Manu III, 69-72; IV, 29, 21; Yâgsh. I, 99, 102-104.
4. Manu III, 81; Yâgsh. I, 104.
5. Manu III, 82 Yâgsh. I, 104. 'The
word "and" indicates that water must be offered to the gods and
Rishis also.'--Haradatta.
6. '(Rites) othcr than those
prescribed in Sltras 3-5 he may perform according to his energy, i.e. according
to his ability. But those he should zealously perform. As the oblations to the
gods and the other (Mahâyagshas) are mentioned before the kindling of the
domestic fire, they must be performed by a person who has not yet kindled the
domestic fire with the aid of the common (kitchen) fire.'--Haradatta.
7. As long as the family remains
united, its head offers the oblations for all its members.
8. 'The domestic rites, i.e. the
Pumsavana and the rest. . . . Now with the aid of which fire mnst a man, who
has not yet kindled the domestic fire, perform the Pumsavana, &c.? Some
answer that he shall use a common fire. But the opinion of the teacher
(Gautama) is that he shall use the sacred fire which has been kindled on that
occasion.'--Haradatta.
9. Haradatta states that the
Mahâyagshas are again enumerated in order to show that a person who has kindled
the sacred fire shall use this for them, not a common fire. He also states that
a passage of Usanas, according to which some teachers prescribe the performance
of the daily recitation near the sacred fire, shows that this rite too has a
connection with the sacred fire.]
10. The oblations (which are thrown)
into the (sacred) fire (at the Vaisvadeva-sacrifice are offered) to Agni, to
Dhanvantari, to all the gods, to Pragâpati, (and to Agni) Svishtakrit;
11. And (Bali-offerings must be
given) to the deities presiding over the (eight) points of the horizon, in
their respective places,
12. At the doors (of the house) to
the Maruts,
13. To the deities of the dwelling
inside (the house),
[10. Âpastamba II, 2, 3, 16, where,
however, as in all other works, the order of the offerings differs. Haradatta
adds that the word 'oblations' is used in the Sltra in order to indicate that
the word svâhâ must be pronounced at the end of each Mantra, and that the
expression 'in the fire' indicates that the Bali-offerings described in the
following Sltra must be thrown on the ground.
11. Compare Âpastamba II, 2, 3,
20-II, 2, 4, 8; Manu III, 87-90, where, as elsewhere, the order of the
offerings differs. According to Haradatta the deities intended are, Indra,
Agni, Yama, Nirrriti, Varuna, Vâyu, Soma, and Îsâna. The first offering must be
placed to the east, the next to the south-east, south, &c.
12. At all the doors, as many as
there are, a Bali must be offered with the Mantra, 'To the Maruts,
svâhâ.'--Haradatta.
13. 'As he says "inside"
(pravisya, literally "entering") he must stand outside while offering
the Balis at the doors. At this occasion some require the following Mantra,
"To the deities of the dwelling, svâhâ," because that is found in the
Âsvalâyana (Grihya-sltra I, 2, 4). Others consider it necessary to mention the
deities by name, and to present as many offerings as there are deities, while
pronouncing the required words.'--Haradatta. The commentator then goes on to
quote a passage from Usanas, which he considers applicable, because it contains
the names of the Grihadevatâs. I doubt, however, if the 'others' are right, and
still more if, in case they should be right, it would be advisable to supply
the names of the Grihadevatâs from Usanas.]
14. To Brahman in the centre (of the
house),
15. To the Waters near the water-pot,
16. To the Ether in the air,
17. And to the Beings walking about
at night in the evening.
18. A gift of food shall be preceded
by a libation of water and (it shall be presented) after (the recipient) has
been made to say, 'May welfare attend thee,'
19. And the same (rule applies) to
all gifts presented for the sake of spiritual merit.
20. The reward of a gift (offered) to
a person who is not a Brâhmana is equal (to the value of the gift), those (of
presents given) to a Brâhmana twofold, to a Srotriya thousandfold, to one who
knows the whole Veda (vedapâraga) endless.
21. Presents of money (must be given)
outside the Vedi to persons begging for their Gurus, (or) in order to defray
the expenses of their wedding, (or
[14. 'Because the word
"and" occurs in Sltra 11 after the word "to the deities
presiding over the points of the horizon" a Bali-offering must be
presented to the deities mentioned by the author in Sltra 10, viz. to the
earth, wind, Prâgâpati, and to all the gods, after a Bali has been offered to
Brahman.'--Haradatta.
16. 'The Bali presented to Âkâsa,
"the ether," must be thrown up into the air, as Manu says, III,
90.'--Haradatta.
17. 'Because of the word
"and," he must, also, present Balis to the deities mentioned
above.'--Haradatta. The commentator ineans to say that in the evening not only
the 'Beings walking about at night' (naktamkara) are to receive a portion, but
all the other deities too, and that the Balikarma must be offered twice a day.
18-19. Âpastamba II, 4, 9, 8.
20. According to Haradatta the term
Srotriya here denotes one who has studied one Veda, (but see also Âpastamba II,
3, 6, 4; II, 4, 8, 5.) Vedapâraga is a man who has studied one Veda, together
with the Angas, Kalpa-sltras, and Upanishads.
21. Âpastamba II, 5, 10, 1-2. 'Now he
promulgates a Sltra which refers to those cases where one must necessarily make
gifts, and where one incurs guilt by a refusal. . . . As the expression
"outside the Vedi" is used, presents must be given to others also
"inside the Vedi" (i.e. fees to priests, &c.)'--Haradatta.]
to procure) medicine for the sick, to
those who are without means of subsistence, to those who are going to offer a
sacrifice, to those engaged in study, to travellers, (and) to those who have
performed the Visvagit-sacrifice.
22. Prepared food (must be given) to
other beggars.
23. For an unlawful purpose he shall
not give (anything), though he may have promised it.
24. An untruth spoken by people under
the influence of anger, excessive fear, pain (or) greed, by infants, very old
men, persons labouring tinder a delusion, those being under the influence of
drink (or) by mad men does not cause (the speaker) to fall.
25. Before (a householder eats) he
shall feed his guests, the infants, the sick people, the pregnant women, the
females under his protection, the very aged men, and those of low condition
(who may be in his house).
[22. Âpastamba II, 2, 4, 14.
23. Âpastamba II, 5, 10, 3;
Colebrooke II, Digest IV, 47; Maylkha IX, 5. 'As he says "for an unlawful
purpose," what has been promised must in other cases necessarily be
given.'--Haradatta.
24. Colebrooke II, Digest IV, 56.
'"Does not cause (the speaker) to fall," i.e. produces no guilt.
Hence such persons need not even give a promised present.'--Haradatta.
25. Âpastamba II, 2, 4, 11-13; II, 4,
9, 10; Manu III, 116. 'Females under his protection (suvâsinyah), i.e.
daughters and sisters those of low condition (gaghanyâh), i.e. servants,
slaves, and the like . . . . , The term "men of low condition" is
made a separate word in the text in order to show that they come after the
others.'--Haradatta.]
26. But (when) his teacher, parents
(or intimate) friends (visit his house), he shall proceed to the preparation of
the dinner after asking them (for orders).
27. When an officiating priest, his
teacher, his father-in-law, paternal or maternal uncles visit (him), a
Madhuparka (or honey-mixture must be offered to them).
8. (If they have been once honoured
in this manner, the ceremony need be) repeated (only) after a year.
29. (But) on (the occasion of) a
sacrifice and of the wedding (a Madhuparka must be offered, though) less than a
year (has passed since the last visit of the persons thus honoured).
30. And to a kinc, who is a Srotrlya
(a Madhuparka must be offered as often as he comes),
31. (But to a king) who is not a
Srotriya a seal and water.
12. But for a Srotriya. he shall
cause to be prepared a foot-bath, an Arghya, and food of a superior quality.
[26. Manu III, 113.
27. Âpastamba II, 4, 8, 5-9.
30. 'And to a king a Madhuparka must
be offered on his arrival. If he is a Srotriya (this must be done) on each
visit.'--Haradatta.
31 'A king who is not a Srotriya
shall be honoured with a seat and water, not with a Madhu parka.'--Haradatta.
32. Âpastamba II, 3, 6, 7-10, 14-15.
'This Sltra may be optionally taken as referring to a Brâhmana, because the
word Srotriya is repeated. For a Srotriya who has come as a guest, a foot-bath,
i.e. water for washing the feet, an Argrhya, i.e. water mixed with Dlrvâ grass,
flowers, &c., and food of a superior quality, i.e. milk and rice; cakes and
the like shall be particularly prepared, if the host is able to afford
it.'--Haradatta.]
33. Or his usual food distinguished
by a (particularly careful) preparation.
34. To a (Brâhmana) who is not
learned in the Vedas, (but) of good conduct, food of a middling (quality) shall
be given,
35. To one who is the reverse (of
virtuous) grass, water, and earth,
36. (Or) at least a welcome.
37. Honour (must be shown to a guest,
and the host must) not dine better (than his guest).
38. A couch, a seat, (and) a lodging
(of the) same (quality as the host uses must be given) to (a guest) of equal
condition and to one's betters; they must be accompanied (on departure) and
respectfully attended to (during their stay).
39. (The host shall show similar)
though less (attention) to (a guest) who is inferior (to himself).
[33. 'But if (the host is) not able
(to afford dainties), he shall prepare that same food which is daily used in
his house, distinguished in the preparation, i.e. by adding pepper and the like
condiments, by frying it, and so forth.'--Haradatta.
34. Âpastamba II, 22, 4, 16; II, 3,
6, 12. Haradatta points out that in this case nothing but a simple dinner shall
be given.
36. Âpastamba II, 2, 4, 14. ' On
failure of grass and the rest, a welcome, i.e. (the host shall say) "Thou
art tired, sit down here."'--Haradatta.
37. Manu 111, 106-107. 'This Sltra
refers solely to such a guest, as is described below, Sltra 40.'--Haradatta.
38. 'Accompanying, i.e. walking after
him; respectfully attending to, i.e. sitting with him and so forth. As it is
not possible that these two acts can be performed by the host in the same
manner as for himself, the meaning of the Sltra must be taken to be merely that
they are to be performed.'--Haradatta.
39. Haradatta says that some explain
this Sltra to mean, '(The host shall show the same attention) even to a man who
is a little inferior (to himself in learning, &c.),' but that he disapproves
of their opinion.]
40. He is called a guest who,
belonging to a different village (and) intending to stay for one night only,
arrives when the sun's beams pass over the trees.
41. According (to his caste a guest)
must be asked about his well-being (kusala), about his being free from hurt
(anâmaya), or about his health (ârogya).
42. The last (formula must also be
used in addressing a Sldra.
43. A man of a lower caste (is) not
(to be considered) a guest by a Brâhmana, except if he has approached on (the
occasion of) a sacrifice.
44. But a Kshatriya must be fed after
the Brâhmana (guests).
45. (Men of) other (castes he shall
feed) with his servants for mercy's sake.
[40. Âpastamba II, 3, 6, 5. Haradatta
states, that by 'the time when the sun's rays pass over the trees,' either the
middle of the day or the late afternoon may be meant.
41. Âpastamba I, 4, 14, 26-29.
43. Apastamba II, 2, 4, 18-19.]
Gautama Chapter VI.
1. (To salute) every day on meeting
(by) an embrace of the feet,
2. And (particularly) on return from
a journey, (is prescribed in the case) of parents, of their blood relations, of
elder (brothers), of persons venerable
[VI. 1. Âpastamba I, 4, 14, 7-9; I,
2, 5, 18; I, 2, 8, 17-18.
3. 'Their blood relations, i.e.
paternal and maternal uncles and the rest; elders, i.e. elder brothers; persons
venerable on account of their learning, i.e. the teacher who has initiated him
(âkârya), the teacher who has instructed him (upâdhyâya), and the
rest.'--Haradatta.]
on account, of their learning, and of
the Gurus of the latter.
4. On meeting (several persons, to
whom such a salutation is due), together, the most venerable (must be saluted
first).
5. On meeting persons who understand
(the rule of returning salutes) one shall salute (them) pronouncing one's name,
and (saving) 'I N. N. (ho! salute thee).'
6. Some (declare that) there is no
restrictive rule for salutations between man and wife.
[4. Âpastamba I, 2, 6, 29; 1, 2, 8,
19. 'on meeting his mother and other persons whose feet must be embraced, he
shall first embrace the highest, i.e. the most excellent, afterwards the
others. Who the most excellent is has been declared above, II, 50-51.
5. Âpastamba I, 2, 5, 12-15.
Professor Stenzler reads agshasamavâye, while my copies and their commentary
show that gshasamavâye has to be read. Besides, it seems impossible to make any
sense out of the former reading without assuming that the construction is
strongly elliptical. 'On meeting, i.e. on corning together with him who knows
the rule of returning a salute, he shall utter, i.e. loudly pronounce his name,
i.e. the name which he has received on the tenth day (after his birth), and
which is to be employed in saluting, and speak the word "I" as well
as the word "this." They declare that instead of the word
"this," which here is explicitly prescribed, the word "I
am" must be used. Some salute thus, "I Haradatta by name"
others, "I Haradattasarman;" and the common usage is to say, "I
Haradattasarman by name." Thus the salutation must be made. Salutation
means saluting. The affix ak is added to causatives and the rest. With
reference to this matter the rule for returning salutes has been described by
Manu II, 126. . . . As (in the above Sltra) the expression "on meeting
persons knowing" is used, those who are unacquainted with the manner of
returning a salute must not be saluted in this manner. How is it then to be
done? It is described by Manu III, 123.'--Haradatta.
6. 'As Gautama says, "Some
declare," the restrictive rule must, in his opinion, be foIlowed.'--Haradatta.]
7. (The feet of) other female
(relations) than the mother, a paternal uncle's wife and (elder) sisters (need)
not (be embraced, nor need they be saluted) except on return from a journey.
8. The feet of wives of brothers and
of the mother-in-law (need) not be embraced (on any occasion).
9. But (on the arrival of an)
officiating priest, a father-in-law, paternal and maternal uncles who are
younger (than oneself), one must rise; they need not be saluted (as prescribed
above, Sltra 5).
10. In like manner (any) other aged
fellow-citizen, even a Sldra of eighty years and more, (must be honoured) by
one young enough to be his son,
11. (And) an Ârya, though (he be)
younger, by a Sldra;
12. And he shall avoid (to pronounce)
the name of that (person who is worthy of a salutation).
13. And an official who (is) not
(able to) recite (the Veda shall avoid to pronounce the name) of the king.
[7. Manu II, 132; Âpastamba I, 4, 14,
6, 9.
9. Âpastamba I, 4, 14, 11.
10. 'Old (plrva), i.e. of greater
age. . A Sldra even, who answers this description, must be honoured by rising,
not, however, be saluted by one young enough to be his son, i.e. by a Brâhmana
who is very much younger. The Sldra is mentioned as an instance of a man of
inferior caste. Hence a Sldra must (under these circumstances) be honoured by
rising, not be saluted by men of the three higher castes, a Vaisya by those of
the two higher castes, and a Kshatriya by a Brâhmana.'--Haradatta.
11. 'An Ârya, i.e. a man of the three
twice-born castes, though he be inferior, i.e. younger, must be honoured by
rising, not be saluted by a Sldra. The Sldra is mentioned in order to aive an
instance of (a man of) inferior caste.'--Haradatta.
12. 'An inferior shall avoid to take
his name, i.e. that of a superior.'--Haradatta.]
14. A contemporary who is born on the
same day (shall be addressed with the terms) bhoh or bhavan (your honour),
15. (Likewise) a fellow-citizen who
is ten years older (than oneself),
16. (Also) an artist who is five
years (older),
17. And a Srotriya belonging to one's
own Vedic school who is three years older,
18. (Further), Brâhmanas destitute of
learning and those who follow the occupations of Kshatriyas or Vaisyas,
19. And (a contemporary) who has
performed the Dikshanîyeshti of a Soma-sacrifice before he buys (the Soma).
20. Wealth, relations, occupation,
birth, learning, and age must be honoured; (but) each later named
[14. Haradatta says that samânehani,
'on the same day,' means 'in the same year.' He is probably right in thinking
that the expression must not be interpreted too strictly. But his assertion
that ahah means also 'year' cannot be proved by his quotation from the
Nigbantuka, abde samvatsaram ahargaram.
15. 'A person aged by ten years, i.e.
at least ten years older, who lives in the same town as oneself, is to be
addressed as bhoh, bhavan, though he may be deficient in good
qualities.'--Haradatta.
16. 'The words "years
older" must be understood. He who lives by the fine arts (kalâ), i.e. the
knowledge of music, painting leaf-cutting, and the like, and is at least five
years older than oneself, must be addressed as bhoh or bhavan.'--Haradatta.
17. Haradatta notes that Âpastamba I,
4, 14, 13 gives a somewhat different rule.
18. Haradatta adds that a person
destitute of learning, be he ever so old, may still be treated as an equal, and
addressed as bboh, bhavan, by a more learned man,
20. Manu II, 136. 'As wealth and the
rest cannot be directly bonoured, the persons possessing them are to be
honoured . . . . . Respect (mâna) means honour shown by saluting and the
like.'--Haradatta.]
(quality) is more important (than the
preceding ones).
21. But sacred learning is more
important than all (other good qualities),
22. Because that is the root of the
sacred law,
23. And because the Veda (expressly
declares it).
24. Way must be made for a man seated
in a carriage, for one who is in his tenth (decade), for one requiring
consideration, for a woman, for a Snâtaka, and for a king.
25. But a king (must make way) for a
Srotriya.
[21. Manu II, 154.
23. Haradatta says that a passage to
this effect occurs in the Khândogya-brâhmana. He also refers to Manu II, 151.
24. Âpastamba II, 5, 11, 5, 7-9. 'A
person requiring consideration, i.e. one afflicted by disease. A woman, i.e. a
bride or a precnant wonian. A Snâtaka, i.e. a person who has bathed after
completing his studies and after having kept the vow of
studentship.'--Haradatta.
25. Âpastamba II, 5, 11, 6.]
Gautama Chapter VII.
1. The rule for ('times of) distress
(is) that a Brâhmana may study under a teacher who is not a Brâhmana.
2. (A student is bound) to walk
behind and to obey (his non-Brahmanical teacher).
3. (But), when (the course of study)
has been finished, the Brâhmana (pupil is more) venerable (than his teacher).
4. (In times of distress it is
permissible) to offer
[VII. 1. Âpastamba II, 2, 4, 25.
2. Âpastamba II, 2, 4. 26.
3. Âpastamba II, 2, 4, 27.
4. Haradatta quotes Manu X, 103 in
support of the above explanation, and adds that another commentator interprets
the Sltra to mean, that in times of distress men of all castes may support
themselves by sacrificing for others, teaching, and the acceptance of gifts,
though in ordinary times these, modes of living are reserved for Brâhmanas.]
sacrifices for (men of) all (castes),
to teach (them), and to accept (presents from them).
5. Each preceding (mode of living is)
preferable (to those named later).
6. On failure of the (occupations
lawful for a Brâhmana) he may live by the occupations of a Kshatriya.
7. On failure of those, he may live
by the occupations of a Vaisya.
8. (Goods) that may not be sold by a
(Brâhmana are),
9. Perfumes, substances (used for)
flavouring (food), prepared food, sesamum, hempen and linen cloth, skins,
10. Garments dyed red or washed,
11. Milk and preparations from it,
12. Roots, fruits, flowers,
medicines, honey, flesh, grass, water, poison,
[5. The use of the masculine in the
text, 'plrvah plrvo guruh,' may, I think, be explained by the fact that the
compound in the preceding Sltra ends with a noun of the masculine gender.
6. Manu X, 81; Yâgsh. III, 35.
7. Âpastamba I, 7, 20, 11.
9. Âpastamba I, 7, 20, 12-13.
'Substances used for flavouring (rasa), i.e. oil, sugar, clarified butter,
salt, and the like.'--Haradatta. From Sltra 19 it is clear that 'rasa' does not
simply mean 'liquids.'
10. My MSS. read nirnikte for nikte,
and nirniktam is explained by 'washed by a washerman or the like person.' It is
possible to translate Professor Stenzler's reading in accordance with Manu X,
87, 'pairs of (i.e. upper and lower) garments dyed red.'
11. 'Preparations from it, i.e. sour
milk and the like.'--Haradatta.]
13. Nor animals for slaughter,
14. Nor, under any circumstances,
human beings, heifers, female calves, cows big with young.
15. Some (declare, that the traffic
in) land, rice, barley, goats, sheep, horses, bulls, milch-cows, and
draught-oxen (is) likewise (forbidden).
16. But (it is permissible) to
barter,
17. One kind of substances used for
flavouring others,
18. And animals (for animals).
19. Salt and prepared food (must) not
(be bartered),
20. Nor sesamum.
21. But for present use an equal
(quantity of) uncooked (food may be exchanged) for cooked (food).
22. But if no (other course is)
possible (a Brâhmana) may support himself in any way except by (following the
occupations) of a Sldra.
23. Some (permit) even this in case
his life is in danger.
24. But to mix with that (caste) and
forbidden food must be avoided (even in times of distress).
[14. Under any circumstances (nityam,
literally "always") means even when they are not sold for slaughter.
Another (commentator) says, that, as the expression "under any
circumstances" is used here, the prohibition regarding the above-mentioned
things, i.e. sesamum and the like, does not hold good under all circumstances,
and that hence self-grown sesamum and other grain may be sold, see Manu X,
90.'--Haradatta.
15. Manu X, 88. Haradatta explains
'land' by 'houses.'
16-21. Âpastamba I, 7, 20, 14-15.
19. 'The sale of salt and prepared
food has been forbidden by Sltra 9, but their barter has been permitted (by
Sltra 17).'--Haradatta.
22. Regarding the Sldra's
occupations, see below, X 57-60.
24. 'Restriction (niyama), i.e.
avoiding.That Brâhmana even who lives the life of a Sldra must not mix with
that Sldra caste, i.e. he must not sit among Sldras and so forth.'--Haradatta.]
25. If his life is threatened, even a
Brâhmana may use arms.
26. (In times of distress) a
Kshatriya (may follow) the occupations of a Vaisya.
[25. Âpastamba I, 10, 29, 7; Manu
VIII, 348.
26. Haradatta adds, that in
accordance with the principle exemplified by the rule of this Sltra a Vaisya
may follow in times of distress the occupations of a Sldra.]
Gautama Chapter VIII.
1. A king and a Brâhmana, deeply
versed in the Vedas, these two, uphold the moral order in the world.
2. On them depends the existence of
the fourfold human race, of internally conscious beings, of those which move on
feet and on wings, and of those which creep,
[VIII. 1. Satapatha-brâhmana V, 4, 4,
5; Weber, Ind. Stud. X, 29. Haradatta explains vrata, ' moral order,' by
karmâni, 'the rites and occupations,' and loka, 'world,' by râshtra, 'kingdom.'
Ultimately my translation and his explanation come to the same thing. He adds
that the king upholds order by punishing, and a learned Brâhmana by teaching.
Regarding the excellence of these two, see also Manu IV, 135.
2. 'Internally conscious beings, i.e.
trees and the like, which are immovable, but grow and decay. For such possess
internal consciousness only, no corresponding external faculty of acting. . . .
The existence of these, i.e. of men and the rest, depends upon, i.e. is
subordinate to the king and to a Brâhmana deeply versed in the Vedas. How is
that? As regards the Brâhmana, an offering which has been properly thrown into
the fire reaches the sun; from the sun comes rain; from rain food is produced
and thereon live the creatures. By this reasoning he is shown to be the cause
of their existence. But the king is (also) the cause of their existence; for he
punishes robbers and the like.'--Haradatta.]
3. (As well as) the protection of
offspring, the prevention of the confusion (of the castes and) the sacred law.
4. He is (called) deeply versed in
the Vedas,
5. Who is acquainted with the (ways
of the) world, the Vedas (and their) Angas (auxiliary sciences),
6. Who is skilled in disputations
(and), in (reciting) legends and the Purâna,
7. Who looks to these (alone), and
lives according to these,
8. Who has been sanctified by the
forty sacraments (samskâra),
9. Who is constantly engaged in the
three occupations (prescribed for all twice-born men),
10. Or in the six (occupations
prescribed specially for a Brâhmana),
11. (And) who is well versed in the
duties of
[3. Haradatta takes prasltirakshanam,
'the protection of their offspring,' as a copulative compound, and explains it
by their prosperity (abhivriddhi) and their protection.' But a samâhâradvandva
is here out of place.
4. Macnaghten, Mitâksharâ I, 2, 27.
'By the word loka, "the world," are intended the laws of countries
and the like, which may be learnt from the practice of the world.'--Haradatta.
Regarding the Angas, see Âpastamba II, 4, 8, 10.
8. Regarding the forty sacraments,
see below, Sltras 14-20.
9. Regarding the three occupations,
common to all twice-born men, see below, X, 1.
10. See below, X, 2.
11. The Sâmayâkârika or Smârta duties
are those taught in the Dharma-sltras and Smritis, see Âpastamba I, 1, 1, 1,
and Max 'Muller's History of Ancient Sanskrit Literature, p. 101.]
daily life settled by the agreement
(of those who know the law).
12. (Such a Brâhmana) must be allowed
by the king immunity from (the following) six (kinds of opprobrious treatment):
13. (I.e.) he must not be subjected
to corporal punishment, he must not be imprisoned, he must not be fined, he
must not be exiled, he must not be reviled, nor be excluded.
14. The Garbhâdhâna (or ceremony to
cause conception), the Pumsavana (or ceremony to cause the birth of a male
child), the Sîmantonnavana (or arranging the parting of the pregnant wife's
hair), the Gâtakarman (or ceremony on the birth of the child), the ceremony of
naming the child, the first feeding, the Kaula (or tonsure of the head of the
child), the initiation,
15. The four vows (undertaken) for
the study of the Veda,
16. The bath (on completion of the
studentship),
[12. See Weber, Ind. Stud. X, V, 60,
66; Macnaghten, Mitâksharâ I, 2, 27.
14. Regarding the Samskâras mentioned
in this Sltra, see Âsvalâyana Grihya-sltra I, 13-23; Sânkhâyana Grihya-sltra I,
19-II, 5; Pâraskara Grihya-sltra I, 13-11, 2.
15. The four vows, as Haradatta
states, are, according to Âsvalâyana, the Mahânâmnîvrata, the Mahâvrata, the
Upanishad-vrata, and the Godâna; see Âsvalâyana Srauta-sltra VIII, 14, where
the first three are described in detail, and Grihya-sltra I, 22, 3, with the
commentary thereon. Other Grihya-sltras give more and different names, see H.
Oldenberg, Sânkhâyana Grihya-sltra II, 11-12 (S. B. E., vol. xxix), and Gobhila
Grihya-sltra III, 1, 28-III, 2, 62.
16. Haradatta explains snâna, 'the
bath,' by samâvartana, ' the ceremony on completion of the studentship.'
Regarding the five sacrifices, usually called the great sacrifices, see above,
VII, 9 seq.]
the taking of a help-Mate for the
fulfilment of the religious duties, the performance of the five sacrifices to
gods, manes, men, goblins, and Brahman,
17. And (the performance) of the
following (sacrifices):
18. The seven kinds of Pâkayagshas
(or small sacrifices),viz. the Ashtakâ, the Pârvana Sthâlîpâka, offered on the
new and full moon days), the funeral oblations, the Srâvanî, the Âgrahâyanî,
the Kaitrî, and the Âsvayugî;
19. The seven kinds of Haviryagshas,
viz. the Agnyâdheya, the Agnihotra, the Darsapaurnamâsas, the Âgrayana, the
Kâturmâsyas, the Nirldhapasubandha, and the Sautrâmanî;
20. The seven kinds of
Soma-sacrifices, viz. the Agnishtoma, the Atyagnishtoma, the Ukthya, the
Shodasin, the Atirâtra, and the Aptoryâma;
21. These are the forty sacraments.
22. Now (follow) the eight good
qualities of the soul,
[18. The various Pâkayagshas, named
here, are fully described by Âsvalâyana Grihya-sltra II, 1, 1-11, 10, 8;
Gobbila III, 10 seq.; Pâraskara III, 3 seq. See also Max Muller, History of
Ancient Sanskrit Literature, p. 203. The Ashtakas are sacrifices offered on the
eighth day of the dark halves of the winter months, and of those of the dewy
season, i.e. Kârttika, Mârgasiras, Pausha, and Mâgha. The Srâvâni is offered on
the full moon day of the month of' Srâvanî, the Âgrahâyanî on the fourteenth,
or on the full moon day of Mârgasiras, the Kaitri on the full moon day of the
Kaitra, and the Âsvayugî on the full moon day of the month Âsvayuga or Âsvina.
19-20. The Haviryagshas and
Soma-sacrifices are described in the Brâhmanas and Srauta-sltras. Havis denotes
any kind of food used for oblations, such as clarfied butter, milk, rice meat,
&c.
22. Âpastamba I, 8, 23, 6.]
23. (Viz.) compassion on all
creatures, forbearance, freedom from anger, purity, quietism, auspiciousness,
freedom from avarice, and freedom from covetousness.
24. He who is sanctified by these
forty sacraments, but whose soul is destitute of the eight good qualities, will
not be united with Brahman, nor does he reach his heaven.
25. But he, forsooth, who is
sanctified by a few only of these forty sacraments, and whose soul is endowed
with the eight excellent qualities, will be united with Brahman, and will dwell
in his heaven.
[23. Haradatta explains mangalya,
'auspiciousness,' to mean always doing what is praised (by good men) and
avoiding what is blamed by them! Anâyâsa, 'quietism,' means, according to him,
avoiding to undertake that which causes pain to oneself, even though it be a
duty!]
Gautama Chapter IX.
1. Such (a man) shall bathe, after
(having fulfilled) the, law (regarding studentship), take unto him a wife, and,
fulfilling the duties of a householder which have been del-lared above, in
addition obey the following ordinances
[IX 1. Âpastamba I, 11, 30. 1-4.
Haradatta says that the expression sa, 'such (a man),' refers to the king, and
to the Brâhmana deeply versed in the Vedas, who have been described in the
preceding chapter. My MSS. insert between this and the following one another
Sltra, which has been left out in Professor Stenzler's edition. It seems to me
that it is absolutely required, and I therefore insert it here, together with
Haradatta's comment, according to my best copy, P.
Gautama: '(And) a Snâtaka (i.e. a
person who has completed his studentship, but has not yet taken a wife, shall
act thus).' Haradalta: 'It must be understood that the word "and" has
been left out. (The meaning is): "And a Snâtaka shall obey the following
ordinances." If this Sltra were not given, those ordinances would have to
be obeyed after marriage only; and if the preceding Sltra (1) had not been
given, before marriage only, because the term Snâtaka is usually employed in
that (sense) only. For this reason both (Sltras) have been given. Hence, though
a man may not enter another order, he shall, after taking the bath (on
completion of his studentship), obey these ordinances during his whole life. As
here (Sltra 1) the word sa, "such a man," is used, a Kshatriya and a
Brâhmana only must necessarily obey the rules prescribed for a Snâtaka and
perform a penance for breaking them; and the penance for breaking the rules prescribed
for a Snâtaka is fasting. This is (the object of the insertion of the word sa,
"such (a man)." But, if a Vaisya follows them, (his reward will be)
prosperity; if he breaks them, he need not perform a penance. With respect to
this matter another Smriti says: "The penance which is prescribed for a
breach of the Snâtaka laws, must be performed by a Kshatriya and a Brâhmana
alone, never by (men of) the other (caste)."]
2. (He shall be) always pure (and)
sweet-smelling (and) bathe frequently.
3. If he possesses wealth, he shall
not be dressed in old or dirty clothes;
4. Nor shall he wear dyed or
sumptuous garments, nor such as have been worn (before) by others,
5. Nor a garland and shoes (that have
been worn by others).
6. (He may wear a cast-off garment)
which has been washed, if he is unable (to afford a new one).
7. He shall not allow his beard to
grow without a (sufficient) reason.
[2. Manu IV, 35.
3-4. Âpastamba I, 11, 30, 10-13.
5. Manu IV, 66.
6. According to Haradatta the same
rule applies to garlands and shoes.
7. Manu IV, 35. 'The expression
"his beard" includes by implication the nails and the rest. . . . .
As he says "without a sufficient reason," he shall allow his beard to
grow during the pregnancy of his wife and on other occasions. With respect to
this matter they quote the following verse: "In the sixth year and in the
sixteenth vear, likewise in the year of his marriage and during the pregnancy
of his wife, he shall avoid the use of a razor."--Haradatta.]
8. He shall not carry water and fire
at the same time.
9. He shall not drink out of his
joined hands.
10. He shall not sip water standing,
nor (shall he sip) water drawn up (from a well),
11. Nor (water) that is offered by a
Sldra or an impure man, or that has been taken up with one hand.
12. Facing or within sight of wind,
fire, Brâhmanas, the sun, water, (images of the) gods, and cows he shall not
eject urine or fæces or other impurities.
13. He shall not stretch out his feet
towards those divine beings.
14. He shall not remove urine or fæces
with leaves, clods of earth, or stones.
15. He shall not stand upon ashes,
hair, nail (parings), husks (of grain), pot-sherds, or impure substances.
16. He shall not converse with
barbarians, impure or wicked men.
[3. Âpastamba II, 5, 12, 9.
9. Manu IV, 63.
10. Âpastamba I, 5, 16, 1.
11. Âpastamba, I, 4, 21; I, 5, 15, 3.
12. Âpastamba I, 11, 30, 18-20.
13. Âpastamba I, 11, 30, 22.
14. Âpastamba I, 11, 30, 21.
Haradatta remarks that some explain loshtha, 'a clod of earth,' by kapâla, 'a
pot-sherd.'
15. Âpastamba II, 8, 20, 11-12.
Kapila, 'pot-sherds,' may also mean 'skull-bones.'
6. Manu IV, 57. Haradatta says that
only a conversation, properly so called, is forbidden, not to ask barbarians
&c. about the road and similar matters.]
17. If he has conversed (with such
persons), he shall meditate on virtuous (men),
18. Or he may speak with a Brâhmana.
19. He shall call (a cow that is) not
a milch-cow a cow that will become a milch-cow.
20. (An event) that is not lucky (he
shall call) lucky.
21. (In speaking of) a skull (he
shall use the word) bhagâla instead of kapâla,
22. (And in speaking of) a rainbow,
manidhanus (the jewelled bow) instead of indradhanus, (Indra's bow).
23. Let him not announce it to
others, if a cow suckles (her calf),
24. Nor let him prevent her (from
doing it).
25. After conjugal intercourse he
shall at once clean himself
26. Let him not recite the daily
portion of the Veda (lying) on that couch (on which he lies with his wife).
[18. Compare the analogous case,
mentioned Âpastamba I, 3, 9, 13.
19. Âpastamba I, 11, 31, 11.
22. Âpastamba I, 11, 31, 16.
23, Âpastamba I, 11, 31, 10.
Haradatta remarks that the prohibition does not extend to those cases where the
Vedic ritual requires the fact to be pointed out. 'He is, of course, right in
making this statement, as an express injunction of the Sruti always overrides
the rules of the Smriti.
24. Haradatta adds that this and the
preceding Sltras include by implication the cases where a cow does damage in a
field; see Âpastamba I, 11, 31, 9.
25. Âpastamba II, 1, 1, 21-II, 1, 2,
1.
26. Âpastamba I, 11, 32, 3.]
27. And when he has studied during
the third watch of the night, he shall not again retire to rest.
28. Let him not have intercourse with
his wife when she is ill,
29. Nor during her courses;
30. Nor let him embrace her (during
that period),
31. Nor an unmarried female.
32. He shall avoid to blow the fire
with his mouth, to contend with words, to show himself covered with perfumed
ointments or wearing garlands, to scratch himself with any impure (implement),
to take his meals with his wife, to look at (a woman) who is anointing herself,
to enter (his village) by a back-gate, to wash one foot with the other, to eat
food deposited on a chair, to cross a river swimming, to ascend trees and
dangerous (places), or to descend therefrom, and to imperil his life (in any
other manner).
33. Let him not ascend a ship (of)
doubtful (solidity).
34. He shall protect himself by all
(possible) means.
35. In the day-time he shall not wrap
up his head while walking about;
36. But at night he shall cover it,
37. And while voiding urine and
fæces.
[27. Âpastamba I, 11, 32, 15.
29-30. Manu IV, 40.
32. Âpastamba I, 5, 15, 20; I, 11,
32, 5; Manu IV, 43; Âpastamba I, 11, 31, 21; Manu IV, 74; Âpastamba I, 11, 32,
26,
33. Âpastamba I, 11, 32, 27.
35. Âpastamba I, 11, 30, 14.
Haradatta adds that he may wrap up his head while sitting down and in walking
when the sun or rain annoys him.]
38. (Let him) not (ease nature)
without (first) covering the ground (with grass or the like),
39. Nor close to his dwelling,
40. Nor on ashes, on cow-dung, in a
ploughed field, in the shade (of a tree), on a road, in beautiful (spots).
41. Let him eject both urine and
fæces, facing the north in the day-time,
42. And in the twilight,
43. But at night, facing the south.
44. Let him avoid to use a seat,
clogs, a stick for cleaning the teeth (and other implements) made of
Palâsa-wood.
45. With shoes on (his feet), he
shall not eat, sit down, salute, or worship (the gods).
46. Let him not pass idly (any part
of the day, be it) morning, midday, or evening; (but) according to his ability
(he shall make each useful) by the acquisition of spiritual merit or of wealth,
and by taking his pleasure.
47. But among those (three aims of
human life) he shall chiefly attend to the acquisition of spiritual merit.
[38. Âpastamba I, 11, 30, 15.
39. Âpastamba I, 11, 31, 2.
40. Âpastamba I, 11, 30, 16-18.
41. Âpastamba I, 11, 31, 1.
43. Âpastamba I, 11, 31, 3.
44.Âpastamba I, 11, 32, 9.
45. Âpastamba I, 4, 14, 22.
46, Colebrooke, Mitâksharâ II, 1, 22.
'He shall use the morning, according to his ability, for acts tending to the
acquisition of spiritual merit, such as reciting the Vedas; the middle part of
the day for the acquisition of wealth; and the evening for scenting himself,
adorning himself with garlands and the like acts giving pleasure.'--Haradatta.
47. Âpastamba I, 7, 20, 1-4.]
48. Let him not look at a naked woman
wedded to another man.
49. Let him not draw a seat towards
himself with his foot.
50. He shall keep his organ, his
stomach, his hands, his feet, his tongue, and his eyes under due restraint.
51. Let him aviod to cut, to break,
to scratch, and to crush (anything), or to make (his joints) crack, without a
(sufficient) reason.
52. Let him not step over a rope (to
which) a calf (is tied).
53. Let him not be a stay-at-home.
54. Let him not go to (perform) a
sacrifice without being chosen (to officiate as priest).
55. But at his pleasure (he may go)
to see it.
56. Let him not eat food (that he has
placed) in his lap,
57. Nor what has been brought at
night by a servant.
58. He shall not eat (substances)
from which the fat has been extracted, Such as milk from which the cream has
separated, butter, oil-cake, buttermilk, and the like.
[48. Manu IV, 53.
50. Âpastamba II, 2, 5, 19; Manu IV,
175, 177.
51. Âpastamba I, 11, 32, 28; II, 8,
20, 16.
52. Âpastamba I, 11, 31, 13.
Haradatti remarks that the word 'calf' is used to designate any animal of the
bovine species.
56. Manu IV, 63.
57. Âpastamba I, 5, 16, 32.
58. Apastamba II, 8, 18, 1; II, 8,
20, 10. Haradatta adds that this rule has been inserted here instead of in the
chapter on forbidden food in order to indicate that its breach must be expiated
by the penance prescribed for a breach of the Snâtaka's vow, not by that
prescribed for eating forbidden food.]
59. But he shall take his meals in
the morning and in the evening, blessing his food, not grumbling at it.
60. He shall never sleep naked at
night;
61. Nor shall he bathe (naked);
62. And he shall perform whatever
(else) aged (Brâhmanas), of subdued senses, who have been properly obedient (to
their teachers), who are free from deceit, covetousness, and error, and who
know the Vedas, declare (to be right).
63. In order to acquire wealth and
for the sake of security he may go to a ruling (king),
64. (But) to no other (being) except
the gods, his Gurus, and righteous (Brâhmanas).
65. He shall seek to dwell in a place
where firewood, water, fodder, Kusa grass, (materials for making) garlands and
roads exist in abundance, which is chiefly inhabited by Âryans, which is rich
in industrious (men), and which is governed by a righteous (ruler).
66. He shall pass excellent (beings
and things),
[59. Âpastamba II, 1, 1, 2; II, 2, 3,
11.
60. Manu IV, 75.
61. Manu IV, 61.
62. Âpastamba I, 11, 32, 29; I, 7,
20, 8. Haradatta adds that the plural is used in the above Sltra in order to
indicate that many Brâhmanas must be unaninious regarding the practices to be
followed.
63. Manu IV, 33; X, 113. 'For the
sake of these objects he may go to a ruler, i.e. a king without cringing,
because the preposition adhi is used (in the text, and) adhi denotes
mastership' (Pânini I, 4, 97). The meaning that he shall go (as becomes) an
independent man.'--Haradatta.
65. Âpastamba I, 5, 15, 22; I, 11,
32, 18. Âryans i.e. Brâhmanas, Kshatriyas, and Vaisyas:
66. Manu IV, 39. 'A cow, a Brâhmana,
a well-known tree, and the like are called excellent (beings or things). An
auspicious (object), i.e. a filled jar and the like.'--Haradatta.]
auspicious (objects), temples of the
gods, crossroads, and the like with his right turned towards them.
67. The rule for times of distress
(is, that) he shall mentally perform all (that is required by the rule of)
conduct.
68. He shall always speak the truth.
69. He shall conduct himself (as
becomes) an Âryan.
70. He shall instruct virtuous (men
only).
71. He shall follow the rules of
purification taught (in the Sâstras).
72. He shall take pleasure in the
(study of the) Veda.
73. He shall never hurt (any being),
he shall be gentle, (yet) firm, ever restrain his senses, and be liberal.
74. A Snâtaka who conducts himself in
this manner will liberate his parents, his ancestors, and descendants from
evil, and never fall from Brahman's heaven.
[67. Haradatta observes that this
rule refers to cases where, being in a hurry, one cannot show one's reverence
in the manner described in the preceding Sltra.
68. Manu IV, 138, 175, 236.
70. Manu IV, 80-81.
71, Purification is here again mentioned
in order (to indicate that Snâtaka must pay) particular attention to it.
72. Manu IV, 147-149.
73. Manu IV, 2, 238, 246.
74. Manu II, 260.]
Gautama Chapter X.
1. (The lawful occupatior;s common)
to (all) twice-born men are studying the (Veda), offering sacrifices (for their
own sake), and giving (alms).
2. Teaching, performing sacrifices
for others, and receiving alms (are) the additional (occupations) of a
Brâhmana.
3. But the former (three) are
obligatory (on him).
4. Instruction in the Veda (may be
given) without the above-mentioned (vows and ceremonies) in case a teacher,
blood relations, friends or Gurus (receive it), and in case (the Veda) is
exchanged for money or learning.
[X. 1. Twice-born men, i.e.
Brâhmanas, Kshatriyas, and Vaisyas. Haradatta says that some believe the term
'twice-born' to have been used in order to indicate that the three occupations
may be lawfully followed after the second birth, i.e. the initiation only. But
he declares that alms may be given even by an uninitiated Âryan, while studying
the Veda and sacrificing are specially forbidden to him.
2. Âpastamba II, 5, 10, 4.
3. Manu X, 76. The former, i.e. the
three beginning with studying (Sltra 1), must necessarily be followed. If he
neglects them, he commits sin; if he follows them, he will be exalted. But the
other occupations, teaching, &c., shall be followed if there is occasion
for them. No sin is committed by neglecting them, nor any greatness gained by
following them. They are merely means of livelihood.'--Haradatta.
4. Âpastamba I, 4, 13, 15-18. The
expression 'above-mentioned' refers to the whole of the rules regarding a
pupil's conduct given above, I, 52-II, 51. It is difficult to understand what
is intended by 'the exchange of the Veda' for wealth or money,' if it is not
the bhritakâdhyâpana or teaching for money which Manu III, 156 blames so
severely. It seems to me unlikely that Gautama means simply to sanction this
practice. It is more probable that his rule refers to the case of Brâhmanas in
distress, who avail themselves of the permission given above, VII, 4.]
5. Agriculture and trade (are) also
(lawful for a Brâhmana) provided he does not do the work himself,
6. Likewise lending money at
interest.
7. To protect all created beings is
the additional (occupation) of a king,
8. And to inflict lawful punishments.
9. He shall support (those)
Srotriyas, (who are) Brâhmanas,
10. And people unable to work, (even
if they are) not Brâhmanas,
11. And those who are free from
taxes,
12. And (needy) temporary students.
13. And (to take) measures for
ensuring victory (is another duty of a king),
14. Especially when danger (from foes
threatens the kingdom);
[5-6. These rules which allow
Brâhmanas to be gentlemen farmers and sleeping partners in mercantile or
banking firms, managed by Vaisyas, do not occur in other Smritis. But they
agree with the practice followed at present in many parts of India, and the
praise bestowed in Vedic works on those who present land to Brâhmanas as well
as the numerous ancient land grants show that from early times many Brâhmanas
were holders of land, which, as a rule, was cultivated by Sldras.
7-8. Âpastamba II, 5, 10, 6; Manu
VII, 27.
9. Âpastamba II, 10, 25, 11; Manu
VII, 135.
11. Haradatta takes this Sltra
differently. He says: 'The immunity from taxes which has been granted to
Brâhmanas and others by former kings he shall maintain in the same manner as
formerly! But I think that 'akara' must be taken as a Bahuvrîhi compound, and
is used to designate widows, orphans, ascetics, &c.; see Âpastamba II, 10,
26, 10-7.
12. Haradatta observes that others
explain upakurvâna, 'temporary students,' opposed to naishthika, 'permanent
students,' to mean 'men who benefit the people,' i.e. physicians and the like.
13. Manu III, 103-110, 160-200; X,
119.]
15. And (to learn) the management of
chariots and the use of the bow (is a further duty of the king),
16. As well as to stand firm in
battle and not to turn back.
17. No sin (is committed) by injuring
or slaying (foes) in battle,
18. Excepting those who have lost
their horses, charioteers, or arms, those who join their hands (in
supplication), those who flee with flying hair, those who sit down with averted
faces, those who have climbed (in flight) on eminences or trees, messengers,
and those who declare themselves to be cows or Brâhmanas.
19. If another Kshatriya is supported
by (the king), he shall follow the same occupations as his (master).
20. The victor shall receive the
booty gained in battle.
21. But chariots and animals used for
riding (belong) to the king,
22. And a preferential share, except
when the booty has been gained in single combat.
23. But the king shall equitably
divide (all) other (spoils).
24. Cultivators (must) pay to the
king a tax
[16. Manu V1I, 87-89; X, 119;
Yâgshavalkya I, 233.
17-18. Âpastamba II, 5, 10, 11.
Persons who declare themselves to be cows or Brâhmanas become inviolable on
account of the sacred character of the beings they personate. Historical
instances are narrated where conquered kings were forced to appear before their
victors, holding grass in their mouths or dancing like peacocks in order to
save their lives.
20. Manu VII, 96.
22-23. Manu VII, 97.
24. Manu VII, 130. The amount depends
on the nature of the soil and the manner of cultivation.]
(amounting to) one-tenth, one-eighth,
or one-sixth (of the produce).
25. Some declare, that (there is a
tax) also on cattle and gold, (viz.) one-fiftieth (of the stock).
26. In the case of merchandise
one-twentieth (must be paid by the seller) as duty,
27. (And) of roots, fruits, flowers,
medicinal herbs, honey, meat, grass, and firewood one-sixtieth.
28. For it is the duty (of the king)
to protect the (tax-payers).
29. But to (the collection of) these
(taxes) he shall always pay particular attention.
30. He shall live on the surplus.
31. Each artisan shall monthly do one
(day's) work (for the king).
32. Hereby (the taxes payable by)
those who
[25. Manu VII, 130. The above
translation follows Haradatta's explanation, while Sir W. Jones' rendering of
Manu gives a different meaning to the identical words.
26. Manu VII, 127.
27. Manu X, 120.
28. Manu VII, 128.
29. Manu VII, 128, 139.
30. Haradatta takes this Sltra
differently. He says, 'Adbika, "additional," means the money which is
paid on account of (the additional occupations) which have been explained above
(Sltra 7 seq.) "To protect all created beings," &c. Thereon shall
he live, he himself, his servants, his elephants, horses, and his other
(animals).' If this explanation is adopted, the Sltra ought to be translated
thus, 'He shall live on (the taxes paid for his) additional (occupations).' It
seems, however, more probable that Gautama means to say that the king shall
live on the surplus which remains after providing for the external and internal
security of the kingdom, and that his object is to forbid the application of
the whole revenue to the personal expenses of the ruler.
31. Manu VII, 131.
32. Haradatta says that
wood-carriers, dancers, and the like are intended.]
support themselves by personal labour
have been explained,
33. And (those payable by) owners of
ships and carts.
34. He for him must feed these
(persons while they work).
35. The merchants shall (each) give
(every month one) article of merchandise for less than the market value.
36. Those who find lost (property)
the owner of which is not (known), shall arinounce it to the king.
37. The king shall cause it to be
proclaimed (by the public crier), and (if the owner does not appear) hold it in
his custody for a year.
38. Afterwards one-fourth (of the
value goes) to the finder (and) the remainder to the king.
39. A (man becomes) owner by
inheritance, purchase, partition, seizure, or finding.
40. Acceptance is for a Brâhmana an
additional (mode of acquisition);
41. Conquest for a Kshatriya;
42. Gain (by labour) for a Vaisya or
Ridra.
43. Treasure-trove is the property of
the king,
[36-38. Manu VIII, 30-36;
Yâgshavalkya II, 33, 173; Macnaghten, Mitaksharâ I, 1, 6.
39. Manu X, 115; Maylkha IV, 1, 2;
Colebrooke, Mitiksharâ I, 1, 8; III, Digest IV, 22. 'Partition, i.e,. the
division (of the estate) between brothers and other (coparceners); seizure,
i.e. the appropriation before (others) of forest trees and other things which
have no owner; finding, i.e. the appropriation of lost property the owner of
which is unknown, such as treasure-trove.'--Haradatta.
43. Manu VIII, 38; Yâgshavalkya II,
34; Macnaghten, Mitâkshara V, 1, 10.]
44. Excepting (such as is found) by a
Brâhmana who lives according to (the law).
45. Some declare, that a finder of a
non-Brâhmanical caste even, who announces (his find to the king), shall obtain
one-sixth (of the value).
46. Having recovered property stolen
by thieves, he shall return it to the owner;
47. Or (if the stolen property is not
recovered) he shall pay (its value) out of his treasury.
48. The property of infants must be
protected until they attain their majority or complete their studentship.
49. The additional (occupations) of a
Vaisya are, agriculture, trade, tending cattle, and lending money at interest.
50. The Sldra (belongs to) the fourth
caste, which has one birth (only).
[44. Manu VIII, 37; Yâgshavalkya II,
34; Macnaghten loc. cit.
46. Manu VIII, 40; Yâgshavalkya II,
36; Macnaghten, Mitâkshari V, 1, 14.
47. Âpastamba II, 10, 26, 8; Macnaghten
loc. cit.
48. Manu VIII, 27.
49. Âpastamba II, 5, 10, 7.
50. Âpastamba I, 1, 1, 6; Manu X, 4.
Between this Sltra and the next, my MSS. insert an additional one, not found in
Professor Stenzler's edition, Sldrasyâpi nishekapumsavanasîmantonnayanagâtakarmanâmakaranopanishkramanânnaprâsanakaulânyamantrakâni
yathâkâlam upadishtâniti, 'for the Sldra also the Nisheka (or impregnation),
the Pumsavana (or rite for securing male offspring), the Sîmantonnayana (or
arranging the parting of a pregnant wife), the Gâtakarman (or ceremony on the
birth of the child), the name-giving, the first walk in the open air, the first
feeding, and the Kaula (or tonsure of the child's head) are prescribed to be
performed at the proper periods, but without the recitation of sacred texts.'
But I am inclined to consider it spurious: first, because there is no proper
commentary; secondly, because the enumeration of the Samskâras given here does
not agree with that given above, VIII, 14; and thirdly, because, according to
the practice of Gautama, this Sltra should begin with 'tasyâpi' instead of with
'Sldrasyâpi,' and the 'tasyâpi' in the next would become superfluous. The rule
agrees however with Manu X, 63, 127.]
51. For him also (are prescribed)
truthfulness, meekness, and purity.
52. Some (declare), that instead of
sipping water, he shall wash his hands and feet.
53. (He shall also offer) the funeral
oblations,
54. Maintain those depending upon
him,
55. Live with his wife (only),
56. And serve the higher (castes).
57. From them he shall seek to obtain
his livelihood.
58. (He shall use their) cast-off
shoes, umbrellas, garments, and mats (for sitting on),
59. (And) eat the remnants of their
food;
60. And (he may) live by (practising)
mechanical arts;
61. And the Ârya under whose protection
he places himself, must support him even if he (becomes) unable to work.
62. And a man of higher caste (who is
his master and has fallen into distress must be maintained) by him.
63. His hoard shall serve this
purpose.
64. If permission has been given to
him, he
[51. Manu IX, 335.
53. Manu X, 127-128.
55. 'Another commentator explains the
Sltra to mean that he shall live with his wife only, and never enter another
order (i.e. never become a student, hermit, or ascetic).'--Haradatta.
56. Âpastamba, I, 1, 1, 7-8; Manu X,
121-123.
57. Manu X, 124.
58-59. Manu X, 125.
60. Manu X, 99.]
may use the exclamation namah
(adoration) as his Mantra.
65. Some (declare), that he himself
may offer the Pâkayagshas.
66. And all men must serve those who
belong to higher castes.
67. If Âryans and non-Âryans
interchange their occupations and conduct (the one taking that of the other,
there is) equality (between them).
[65. Manu X, 127. Regarding the
Pâkayagshas, see above, VIII, 18.
67. 'There is equality between them,
i.e. the one need not serve the other. A Sldra need not serve even a Brâhmana,
(much less) any other (twice-born man) who lives the life of a non-Âryan
(Sldra). A Sldra, even, who conducts himself like an 'Âryan must not be despised
by men of other castes, who follow the occupations of non-Âryans, on account of
his inferior birth.'--Haradatta.]
Gautama Chapter XI.
1. The king is master of all, with
the exception of Brâhmanas.
2. (He shall be) holy in acts and
speech,
3. Fully instructed in the threefold
(sacred science) and in logic,
4. Pure, of subdued senses,
surrounded by companions
[XI. 1. Macnaghten, Mitâksharâ I, 1,
27; Manu IX, 313-322; Weber, Ind. Stud. X, 29, 60.
2. Manu VII, 26. 'Holy in acts,' i.e.
constantly acting in conformity with the Sâstras; 'holy in speech,' i.e. when
administering justice he shall not speak partially.
3. Manu VII, 43; Yâgshavalkya I, 310.
Haradatta thinks that the term 'the threefold sacred science includes the
fourth Veda also, because it consists chiefly of Rikas and Yagus formulas.'
4. Manu VII, 30-31; Yâgshavalkya I,
354; Âpastamba III, 1 1, 27, 18. 'Of subdued senses, i.e. free from the (seven)
vices(common among kings), i.e. sensuality, gambling, hunting, drinking,
&c.'--Haradatta. The means (upâya) are those mentioned by Yâgshavalkya I,
345-346.]
possessing excellent qualities and by
the means (for upholding his rule).
5. He shall be impartial towards his
subjects;
6. And he shall do (what is) good for
them.
7. All, excepting Brâhmanas, shall
worship him who is seated on a higher seat, (while they them-selves sit on a)
lower (one).
8. The (Brâhmanas), also, shall
honour him.
9. He shall protect the castes and
orders in accordance with justice;
10. And those who leave (the path of)
duty, he shall lead back (to it).
11. For it is declared (in the Veda)
that he obtains a share of the spiritual merit (gained by his subjects).
12. And he shall select as his
domestic priest (purohita) a Brâhmana who is learned (in the Vedas), of noble
family, eloquent, handsome, of (a suitable) age, and of a virtuous disposition,
who lives righteously and who is austere.
[5. Manu VII, 80; Yâgshavalkya I,
333.
6. 'And he shall do what is good,
i.e. dig tanks, build embankments and bridges &c. for them, i.e. his
subjects.'--Haradatta.
7. '(On a) lower (one), i.e. on the
ground only.'--Haradatta. This is still the custom in native courts, where,
however, Brâhmanas, as a rule, must also sit on the floor.
8. 'Honour him,' i.e. worship him by
invoking blessings on him and the like.
9. Manu VII, 35.
10. Yâgshavalkya I, 360.
11. Manu VIII, 304; Yâgshavalkya I,
334.
12. Manu VII, 78; Yâgshavalkya I,
312. Haradatta explains vâksampanna, 'eloquent,' by 'one who knows Sanskrit.'
According to the same, 'the (suitable) age' is the prime of life, when men are
neither too young nor too old. 'Austere' is interpreted to mean 'not given to
sensual enjoyments.']
13. With his assistance he shall
fulfil his religious duties.
14. For it is declared (in the Veda):
'Kshatriyas, who are assisted by Brâhmanas, prosper and do not fall into
distress.'
15. He shall, also, take heed of that
which astrologers and interpreters of omens tell (him).
16. For some (declare), that the
acquisition of wealth and security depend also upon that.
17. He shall perform in the fire of
the hall the rites ensuring prosperity which are connected with expiations
(sânti), festivals, a prosperous march, long life, and auspiciousness; as well
as those that are intended to cause enmity, to subdue (enemies), to destroy
(them) by incantations, and to cause their misfortune.
18. Officiating priests (shall
perform) the other (sacrifices) according to the precepts (of the Veda).
[13. Manu VII, 78.
14. Satapatha-brâhmana IV, I, 4, 4-6.
17. Âpastamba II, 10, 25, 4, 7. Sântis,
'expiations,' are rites intended to avert an impending misfortune which is
announced by an evil omen. 'Festivals' are, according to Haradatta,
wedding-days and the like; 'rites connected with auspiciousness' are, according
to the same, rites on entering a new dwelling and the like. Haradatta further
remarks that, though, according to the text, the king must perform these rites,
he is, in reality, only to give the necessary orders, and to furnish the means
for their performance, while the Purohita is to officiate as priest. He adds,
that another commentator asserts that 'the Purohita,' not 'the king,' must be
taken as the subject of the sentence.
18. Manu VII, 78-79; Yâgshavalkya I,
313. Haradatta says that by the 'other' sacrifices, both Grihya and Srauta
rites are meant. I think that the latter are chiefly intended, as the Samskâras
are included under the rites of festive days, mentioned in the preceding
Sltra.]
19. His administration of justice
(shall be regulated by) the Veda, the Institutes of the Sacred Law, the Angas,
and the Purâna.
20. The laws of countries, castes,
and families, which are not opposed to the (sacred) records, (have) also
authority.
21. Cultivators, traders, herdsmen,
money-lenders, and artisans (have authority to lay down rules) for their
respective classes.
22. Having learned the (state of)
affairs from those who (in each class) have authority (to speak he shall give)
the legal decision.
23. Reasoning is a means for arriving
at the truth.
24. Coming to a conclusion through
that, he shall decide properly.
25. If (the evidence) is conflicting,
he shall learn (the truth) from (Brâhmanas) who are well versed in
[19. The Angas, i.e. the six auxiliary
branches of learning mentioned above, VIII, 5. My best copy inserts 'the
Upavedas' after the Angas. But the words upavedâh and dharmasâstrâni, 'the
institutes of law,' are probably interpolations. For the latter are already
included by the term Anga, as part of the Kalpa.
20. Âpastamba II, 6, 15, 1; Manu VII,
203; V111, 47, 46; Yâgshavalkya I, 342. 'The (sacred) records, i.e. the Vedas
and the rest.'--Haradatta.
22. 'Having learned, i.e. having
heard and considered, from them, i.e. from men of those classes, according to
their authority, i.e. from those who in each class are authorised to give
decisions, the (state of) affairs, i.e. the peculiar customs, the legal
decision must be given in accordance with that which they declare to be the
rule in their community.'--Haradatta.
23. Manu VIII, 44; XII, 105-106;
Macnaghten, Mitâksarâ II, 8, 8. Haradatta remarks that this Sltra refers to the
case where the spokesmen of a guild may be suspected of partiality.
25. Manu XII, 108-113, According to
Haradatta this Sltra refers to particularly difficult cases.]
the threefold sacred lore, and give
his decision (accordingly).
26. For, (if he acts) thus, blessings
will attend him (in this world and the next).
27. It has been declared in the Veda:
'Brâhmanas, united with Kshatriyas, uphold gods, manes, and men.
28. They declare, that (the word)
danda (rule or punishment) is derived from (the verb) damayati (he restrains);
therefore he shall restrain those who do not restrain themselves.
29. (Men of) the (several) castes and
orders who always live according to their duty enjoy after death the rewards of
their works, and by virtue of a remnant of their (merit) they are born again in
excellent countries, castes, and families, (endowed) with beauty, long life,
learning in the Vedas, (virtuous) conduct, wealth, happiness, and wisdom.
30. Those who act in a contrary
manner perish, being born again in various (evil conditions).
31. The advice of the spiritual
teacher and the punishment (inflicted by the king) guard them.
32. Therefore a king and a spiritual
teacher must not be reviled.
[26. Âpastamba, II, 5, 11, 4.
29. Âpastamba II, 5, 11, 10.
30. Âpastamba II, 5, 11. 'Perish,
i.e. fall from one misfortune info the other.'--Haradatta.
31 Âpastamba II, 5, 10, 12-16.
32. Manu VII, 8.]
Gautama Chapter XII.
1. A Sldra who intentionally reviles
twice-born men by criminal abuse, or criminally assaults them with blows, shall
be deprived of the limb with which he offends.
[XII. 1. Âpastamba II, 10, 27, 14;
Manu VIII, 270, 279-283; Yâgshavalkya II, 215. Haradatta adds that an abusive
word or a blow given in jest must not be punished in the manner prescribed
above, as the word 'pârushya' presupposes criminal intent.]
2. If he has criminal intercourse
with an Âryan woman, his organ shall be cut off, and all his property be
confiscated.
3. If (the woman had) a protector, he
shall be executed after (having undergone the punishments prescribed above).
4. Now if he listens intentionally to
(a recitation of) the Veda, his ears shall be filled with (molten) tin or lac.
5. If he recites (Vedic texts), his
tongue shall be cut out.
6. If he remembers them, his body
shall be split in twain.
7. If he assumes a position equal (to
that of twice-born men) in sitting, in lying down, in conversation or on the
road, he shall undergo (corporal) punishment.
S. A Kshatriya (shall be fined) one
hundred (Kârshâpanas) if he abuses a Brahmana,
9. In case of an assault, twice as
much.
[2. Âpastamba II, 10, 26, 20; Maylkha
XIX, 7, where, however, ârya has been altered to âkârya. Haradatta adds that
the two punishments are cumulaive in the case of a Brâmanî only. If the offence
is committed with a Kshatriyâ, the offender is liable to the first only; if he
sins with a Vaisyâ, to the second.
3. Âpastamba II, 10, 27, 9; Manu
VIII, 359; Yâgshavalkya II, 286.
7. Âpastamba II, 10, 27, 15; Manu
VIII, 281.-The translation follows Haradatta, who is guided by the parallel
passages. But for the latter, one would translate 'he shall be fined.'
8. Manu VIII, 267; Yâgshavalkya III,
204-207. Manu VIII, 136 states one Kârshâpana or copper Pana contains 80
Raktikis, which would correspond to 97-60 grammes of the metrical system.]
10. A Vaisya (who abuses a Brâhmana,
shall pay) one and a half (times as much as a Kshatriya).
11. But a Brâhmana (who abuses) a
Kshatriya (shall pay) fifty (Kârshâpanas),
12. One half of that (amount if he
abuses) a Vaisya,
13. (And if he abuses) a Sldra,
nothing.
14. A Kshatriya and a Vaisya (who
abuse one another shall pay the same fines) as a Brâhmana and a Kshatriya.
15. (The value of) property which a
Ridra unrighteously acquires by theft, must be repaid eightfold.
16. For each of the other castes (the
fines must be) doubled.
17. If a learned man offends, the
punishment shall be very much increased.
18. If fruits, green corn, and
veoetables are appropriated in small amounts, (the fine is) five Krishnalas (of
copper).
[10. Manu VIII, 267.
11. Manu VIII, 268.
12. Manu VIII, 268.
13. Manu VIII, 268. Haradatta adds
that, as a Brâhmana is declared to pay nothing for abusing a Sldra, a Kshatriya
and a Vaisya are liable to be fined for that offence, and that according to
Usanas a Kshatriya shall pay twenty-four Panas, and a Vaisya thirty-six,
14. I.e. a Vaisya shall pay one
hundred Panas for abusing a Kshatriya, and a Kshatriya fifty for abusing a
Vaisya.
15. Manu VIII, 337.
16. Manu VIII, 337-338. I.e. a Vaisya
is to pay sixteen times the value of the stolen property, a Kshatriya thirty-two
times, and a Brâhmana sixty-four times.
17, Manu VIII, 338.
18. Manu VIII, 330. Krishnala is
another name for Raktikâ, used also by Yâgshavalkya I, 362. It equals 0.122
grammes of the metrical system, Prinsep, Useful Tables, p. 97.]
19. If damage is done by cattle, the
responsibility falls on the owner.
20. But if (the cattle) were attended
by a herdsman, (it falls) on the latter.
21. (If the damage was done) in an
unenclosed field near the road, (the responsibility falls) on the herdsman and
on the owner of the field.
22. Five Mâshas (are the fine to be
paid) for (damage done by) a cow,
23. Six for a camel or a donkey,
24. Ten for a horse or a buffalo,
25. Two for each goat or sheep.
26. If all is destroyed, (the value
of) the whole crop (must be paid and a fine in addition).
27. If (a man) always neglects the
prescribed (duties) and does that which is forbidden, his property beyond (the
amount required for) raiment and food shall be taken from him (until he
amends).
28. He may take, as his own, grass for
a cow, and fuel for his fire, as well as the flowers of creepers and trees and
their fruit, if they be unenclosed.
29. The legal interest for money lent
(is at the rate of) five Mâshas a month for twenty (Kârshâpanas).
[20-21. Manu VIII, 240; Yâgshavalkya
II, 162.
22-26. Manu VIll, 241; Yâgshavalkya
II, 159-161; Colebrooke III, Digest IV, 40. Haradatta, relying on Usanas
everywhere, reckons twenty Mâshas to the Kârshâpana.
27. Âpastamba II, 11, 27, 18.
28. Âpastamba I, 10, 28, 3;
Colebrooke III, Digest IV, 22.
29. Manu VIII, 140; Yâgshavalkya II,
37; Colebrooke I, Digest 25. Haradatta states that a Kârshâpana comains twenty
Mishas. Thus the monthly interest for 400 Mishas being five Mishas, the rate is
1¼ per cent for the month, or 15 per cent per annum.]
30. Some (declare, that this rate
should not be paid) longer than a year.
31. If (the loan) remains outstanding
for a long time, the principal may be doubled (after which interest ceases).
32. A loan secured by a pledge that
is used (by the creditor) bears no interest;
33. Nor money tendered, nor (a debt
due by a debtor) who is forcibly prevented (from paying).
34. (Special forms of interest are)
compound interest, periodical interest,
35. Stipulated interest, corporal
interest, daily interest, and the use of a pledge.
[30. Colebrooke I, Digest 40; Manu
VIII, 153.
31. Manu VIII, 151; Colebrooke I,
Digest 59.
32. Manu VIII, 143; Colebrooke I,
Digest 79.
33. Colebrooke I, Digest 79. 'Likewise
the debt of a debtor who, being desirous to pay, is imprisoned by the king or
others in a prison or the like, and who is thus unable to pay, does not
increase from that day.'--Haradatta.
34. For this and the next Sltra, see
also Colebrooke I, Digest 35-45, in the notes on which latter text the various
explanations of these terms, found here, have been fully discussed. 'If a large
or a small interest is taken on condition that the loan is to be repaid on a
certain date, and that, in case of non-payment, 'it is to be trebled or
quadrupled, that is called periodical interest'--Haradatta.
35. 'Where the lender and the
borrower, having regard to the country, the time, the object, and the condition
(of the borrower), agree between themselves (on a certain Tate), e.g. of ten
per cent per mensem, that is called stipulated interest. Corporal interest is
that which is payable by bodily labour. Thus Brihaspati says, "Corporal
interest is that connected with work." But Vyâsa explains it thus,
"Corporal interest is that which arises from the work (or use) of a
(pledged female quadruped) to be milked, or of (a male) to carry burdens."
Kâtyâyana explains the daily interest (lit. the interest resembling the growth
of the lock on the head), "That which is taken daily is called daily
interest." . . . 'E.g. for a Prastha of grain lent a handful of grain is
taken daily.'--Haradatta.]
36. The interest on products of
animals, on wool, on the produce of a field, and on beasts of burden (shall)
not (increase) more than the fivefold (value of the object lent).
37. The property of (a person who is)
neither,an idiot nor a minor, having been used by strangers before his eyes for
ten years, (belongs) to him who uses it,
38. (But) not (if it is used) by
Srotriyas, ascetics, or royal officials.
39. Animals, land, and females are
not lost (to the owner) by (another's) possession.
[36. Colebrooke I, Digest 62.
Haradatta mentions also another explanation of the Sltra: 'Another
(commentator) says, " If products of animals and the rest have been
bought, and the price is not paid at once, that may increase fivefold by the
addition of interest, but not, to a greater sum."'
37. Manu VIII, 147-148; Yâgshavalkya
II, 24.
38. Haradatta adds that in the case
of a Srotriya and of an ascetic, the owner may allow the use of his property
for a long time, desiring to acquire merit by doing so, and that fear may
prevent him from opposing the king's servants. Hence prolonged possession by
such persons does not necessitate the conclusion that the owner had given up
his rights. As ascetics cannot possess any property, the Sltra must refer to
their occupying an empty house which has an owner.
39. Manu VIII, 149; Yâgshavalkya II,
25. The translation given above agrees with an explanation of the Sltra which
Haradatta mentions, but rejects. He himself prefers the following: 'Animals,
i.e. quadrupeds; land, i.e. a field, a garden, and the like; females,.i.e.
female slaves and the like. No long possession of animals and the rest is
necessary in order to acquire the rights of ownership over them. Even after a
short penod they become the property of the possessor. For how (would it be
possible that) a person, who himself wants butter-milk and the like, should
allow a cow which he himself has bought, and which gives daily a Drona of milk,
to be milked in the house of another person?' &c. &c.]
40. The heirs shall pay the debts (of
a deceased person).
41. Money due by a surety, a
commercial debt, a fee (due to the parents of the bride), debts contracted for
spirituous liquor or in gambling, and a fine shall not involve the sons (of the
debtor).
42. An (open) deposit, a sealed
deposit, an object lent for use, an object bought (but not paid), and a pledge,
being lost without the fault of the holder, (shall not involve) any blameless
person.
43. A man who has stolen (gold) shall
approach the king, with flying hair, holding a club in his hand, and proclaim
his deed.
[40. Manu VIII, 162; Yâgshavalkya II,
51.
41. Manu VIII, 159-160; Yâgshavalkya
II, 47, 54; Colebrooke I, Digest 202. Taking into account the parallel passages
of Manu and Yâgshavalkya, Haradatta very properly restricts this rule to a bail
for the personal appearance of an offender. In explanation of the expression 'a
commercial debt' he gives the following instance: 'If a person has borrowed
money from somebody on the condition that he is to repay the principal together
with the gain thereon, and if he dies in a foreign country, while travelling in
order to trade, then that money shall not be repaid by the son.' The instance
explaining the term 'fee' (sulka) is as follows: 'If a person has promised a
fee (to the parents of a woman) and dies after the wedding, then ihat fee does
not involve his son, i.e. need not be paid by him.' The word sulka is, however,
ambiguous, and may also mean 'a tax or toll.'
42. Manu VIII, 189; Yâgshavalkya II,
59-66; Colebrooke II, Digest I, 29. Haradatta declares the meaning to be, that
in case the bailee was guilty of no negligence and took the same care of the
deposits &c. as of his own property, neither he nor his heirs need make
good the value of those which were lost or destroyed.
43. Âpastamba I, 9, 25, 4.]
44, Whether he be slain or be
pardoned, he is purified (of his guilt).
45. If the king does not strike, the
guilt falls on him.
46. Corporal punishment (must) not
(be resorted to in the case) of a Brâhmana.
47. Preventing (a repetition of) the
deed, publicly proclaimina, his crime, banishment, and branding (are the
punishments to which a Brâhmana, may be subjected).
48. That (king) who does not do his
duty (by inflicting punishment) becomes liable to perform a Penance.
49. (A man who) knowingly (becomes)
the servant (of a thief shall be treated) like a thief,
50. Likewise he who (knowingly)
receives (goods) from (a thief or) an unrighteous man.
51. The award of the punishment (must
be regulated) by a consideration (of the status) of the criminal, of his
(bodily) strength, of (the nature of) the crime, and whether the offence has
been repeated.
52. Or a pardon (may be given) in
accordance with the opinion of an assemblage of persons learned in the Vedas.
[45. Âpastamba I, 9, 251, 5.
46. Manu VIII, 124; Macnaghten,
Mitâksharâ III, 4, 9.
47. Manu IX, 239, 241; Âpastamba II,
10, 27, 8, 17-19; Macnaghten loc. cit. Karmaviyoga, 'preventing (a repetition
of) the deed,' may also mean 'suspension from (his priestly) functions.'
48. Âpastamba II, 11, 28, 13.
49-50. Manu IX, 278; Yâgshavalkya II,
276.
51. Manu VII, 16; VIII, 126;
Yâgshavalkya I, 367.]
Gautama Chapter XIII.
1. In disputed cases the truth shall
be established by means of witnesses.
2. The (latter) shall be many,
faultless as regards the performance of their duties, worthy to be trusted by
the king, and free from affection for, or hatred against either (party).
3. (They may be) Sldras even.
4. But a Brâhmana must not be forced
(to give evidence) at the word of a non-Brâhmana, except if he is mentioned (in
the plaint).
5. (Witnesses) shall not speak singly
or without being asked,
6. And if, (being asked,) they do not
answer, they are guilty of a crime.
7. Heaven is their reward, if they
speak the
[XIII. I. Manu VIII, 45; Yâgshavalkya
II, 22.
2. Âpastamba II, 11, 29, 7. 'Many
means at least three.'--Haradatta.
3. Manu VIII, 63. I.e. Sldras endowed
with the qualities mentioned above.
4. Manu VIII, 65. 'A Brâhmana means
here a Srotriya. If a man other than a Brâhmana says: "This Brâhmana is a
witness of this fact," then the (Srotriya) shall not be forced to become,
i.e. not be taken as a witness, provided he has not been mentioned, i.e. he has
not been entered in the written plaint (as one of the witnesses). But if he has
been entered in the plaint, he certainly becomes a witness.'--Haradatta.
5. Manu VIII, 79; Macnaghten,
Mitâksharâ VI, 1, 21. In the Mitâksharâ the Sltra is read nâsamavetâh prishtâh
prabrlyuh, 'witnesses need not answer if they are examined singly.' Mitramisra
in the Viramitrodaya says that Haradatta's reading of the text is the same, and
that his explanation does not agree with it.
6. Manu VIII, 107; Yâgshavalkya II,
76-77.
7. Âpastamba II, 11, 29, 9-10.]
truth; in the contrary case hell
(will be their portion).
8. (Persons) not mentioned (in the
plaint), must also give evidence.
9. No objection (can be raised
against witnesses) in a case of (criminal) hurt,
10. Nor if they have spoken
inadvertently.
11. If the sacred law or the rules
(referring to worldly matters) are violated,. the guilt (falls) on the
witnesses, the assessors, the king, and on the offender.
12. Some (declare, that the
witnesses) shall be charged on oath to speak the truth.
13. In the case of others than
Brâhmanas that (oath shall be sworn) in the presence of the gods, of the king,
and of Brâhmanas.
14. By false evidence concerning
small cattle a witness kills ten,
15. (By false evidence) regarding
cows, horses, men, or land, in each succeeding case ten times as many (as in
the one mentioned before),
[9. Manu VIII, 72; Yâgshavalkya II,
72.
10. 'Negligence, i.e. inadvertence.
If anything has been spoken at random by a witness in a conversation referring
to something else (than the case), no blame must be thrown on him for that
reason.'--Haradatta.
11. Manu VIII, 18. The translation
follows Haradatta. Perhaps it would, however, be as well to take dharmatantra,
'the sacred law and the rules referring to worldly matters,' as a Tatpurusha,
and to translate, 'If there is a miscarriage of justice, the guilt,' &c.
12-13. Âpastamba II, 11, 29, 7.
14-22. Manu VIII, 98-100. 'By
speaking an untruth regarding them, the witness kills ten. Ten what? Even ten
(of that kind) regarding which he has lied. His guilt is as great as if he
actually killed ten of them, and the punishment. (is the same). 'Equal penances
must also be prescribed for both cases.'--Haradatta.]
16. Or (by false evidence) regarding
land the whole (human race).
17. Hell (is the punishment) for a
theft of land.
18. (By false evidence) concerning
water (he incurs) the same (guilt) as (for an untruth) about land,
19. Likewise (by false evidence)
regarding (criminal) intercourse.
20. (By false evidence) regarding
honey or clarified butter (he incurs) the same (guilt) as (by an untruth) about
small cattle,
21. (By false evidence) about
clothes, gold, grain, and the Veda, the same as (by an untruth) about kine,
22. (And by false evidence) regarding
a carriage (or a beast of burden) the same as (by an untruth) about horses.
23. A witness must be reprimanded and
punished for speaking an untruth.
24. No guilt is incurred by giving
false evidence, in case the life (of a man) depends thereon.
25. But (this. rule does) not (hold
good) if the life of a very wicked (man depends on the evidence of a witness).
26. The king, or the judge, or a
Brâhmana learned in the Sâstras (shall examine the witnesses).
27. (The litigant) shall humbly go to
seek the judge.
[23. Manu VIII, 119-123; Yâgshavalkya
II, 81. 'Yâpyah (literally "must be turned out") means "must be
reprimanded" in the presence of the whole audience, lest anybody have
intercourse with him.'--Haradatta.
24-25. Manu VIII, 104-105;
Yâgshavalkya II, 83.
26. Manu VIII, 8-9, 79; Yâgshavalkya
II, 1, 3, 73.
27. Manu VIII, 43. The meaning of the
Sltra is that the judge shall not promote litigation, and incite people to
institute suits. If litigants do not humbly appear before him, he is not to
send for them.]
28. If (the defendant) is unable to
answer (the plaint) at once, (the judge) may wait for a year.
29. But (in an action) concerning
kine, draught oxen, women, or the procreation (of offspring), the defendant
(shall answer) immediately,
30. Likewise in a case that will
suffer by delay.
31. To speak the truth before the
judge is more important than all (other) duties.
[28. See also Nârada I, 38, 41.
29. Yâgshavalkya II, 12. Haradatta
explains praganana, 'the procreation (of offspring),' to mean 'marriage.']
Gautama Chapter XIV.
1. The Sapindas become impure by the
death (of a relatve) during ten (days and) nights, except those who officiate
as priests, who have performed the Dîkshanîyeshti (or initiatory ceremony of a
Srauta sacrifice), and those who are students.
2. (The impurity) of a Kshatriya lasts
for eleven (days and) nights,
3, (That) of a Vaisya twelve (days
and) nights,
4. (Or), according to some, half a
month,
5. (And that) of a Sldra a whole
month.
6. If during (a period of impurity)
another (death) happens, the (relatives) shall be pure after (the lapse of) the
remainder of that (first period).
[XIV. 1. Manu V, 59, 83, 93;
Yâgshavalkya III, 18, 28; see also Âpastamba I, 5, 16, 18. Regarding the
meaning of the term Sapinda, see below, Satra 13. This Sltra refers, of course,
to Brâhmanas only.
2-3. Manu V, 83; Yâgshavalkya III,
22.
5. Manu and Yâgshavalkya I. 1. cit.
6. Manu V, 79.]
7. (But) if one night (only of the
period of impurity) remains (and another death happens, they shall become pure)
after (the lapse of) two (days and nights).
8. (If the second death happens) on
the morning (after the completion of the period of impurity, they shall be
purified) after three (days and nights).
9. (The relatives) of those who are
slain for the sake of cows and Brâhmanas (become pure) immediately after the
burial,
10. And (those of men destroyed) by
the anger of the king,
11. (Further, those of men killed) in
battle,
12. Likewise (those) of men who
voluntarily (die) by starving themselves to death, by weapons, fire, poison, or
water, by hanging themselves, or by jumping (from a precipice).
13. Sapinda-relationship ceases with
the fifth or the seventh (ancestor).
14. (The rules regarding impurity
caused by the
[9. Yâgshavalkya III, 27. The Sltra
may, however, also be translated 'the relatives of those who have been killed
by a cow, or by a Brâhmana, &c.,' as the latter case, too, is mentioned by
Yâgshavalkya III, 21. The word anvaksham, translated by 'immediately after
burial,' is explained by Haradatta as follows: 'The corpse is seen, i.e. is
visible, so Iona; the meaning is that they will be pure after having bathed at
the end of the burial.'
10. Yâgshavalkya III, 21.
12. Manu V, 89; Yâgshavalkya III, 21.
13. Âpastamba II, 6, 15, 2. Haradatta
states that the Sapinda relationship extends to four degrees in the case of the
son of an appointed daughter (see below, XXVIII, 18), while it includes the
relatives within six degrees in the case of a legitimate son of the body. In
either case the term refers to Sagotra-sapindas, or Sapindas who bear the same
family name only. The case of the Bhinnagotra-sapindas will be discussed below,
Sltra 20.
14.-16. Manu V, 62; Yâgshavalkya III,
18-19.]
death of a relative apply) to the
birth (of a child) also.
15. (In) that (case the impurity
falls) on the parents,
16. Or on, the mother (alone).
17. (The impurity) for a miscarriage
(lasts for a number of days and) nights equal to (the number of) months from
conception,
18. Or three days.
19. And if he hears (of the death of
a Sapinda) after (the lapse of) ten (days and nights, the impurity lasts for)
one night together with the preceding and following days,
20. Likewise when a relative who is not
a Sapinda, a relative by marriage, or a fellow-student (has died).
21. For a man who studies the same
recension of the Veda (the impurity lasts) one day,
[17. Manu V, 66; Yâgshavalkya III,
20. 19. Manu V, 75-77.
20. Manu V, 81. Haradatta explains
asapinda, 'a kinsman who is not a Sapinda,'by Saminodaka, i.e. 'a kinsman
bearing the same family name, but more than six degrees removed,' and
yonisambandha, 'a relative by marriage,' by 'the maternal grandfather, a
maternal aunt's sons, and their sons, &c., the fathers of wives and the
rest.' The latter term, for which 'a person related through a female' would be
a more exact rendering than the one given above, includes, therefore, those
persons who, according to the terminology of Manu and Yâgshavalkya, are called
Bhinnagotrasapindas, Bândhavas, or Bandhus (see Colebrooke, Mitâsharâ 11, 53;
11, 6). Gautama's terminology agrees in this respect with that of Âpastamba,
see note on II, 5, 11, 16.
21. Haradatta explains sabrahmakârin
by suhrit, 'a friend.' But the term which elsewhere means 'a fellow-student'
cannot have that sense in our Sltra, as the fellow-student (sahâdhyâyin) has
been mentioned already. The translation given above is supported by the manner
in which it is used in the ancient landgrants, where expressions like
bahvrikasabrahmakârin are of common occurrence.]
22. Likewise for a Srotriya who
dwells in the same house.
23. On touching (i.e. on carrying
out) a corpse from an interested motive, the impurity lasts for ten days.
24. (The duration of the impurity) of
a Vaisya and of a Sldra (in the same case) has been declared (by Sltras 3-5).
25. Or (it shall last for these two)
as many nights as there are seasons (in the year);
26. And (the same rule may be made
applicable) to the two higher (castes).
27. Or (the impurity lasts) three
days.
28. And if the teacher, his son or
wife, a person for whom (a Brâhmana) sacrifices or a pupil (has been carried
out, the duration of the impurity is) the same.
[22. Manu V, 81.
23. 'The word upasparsana (literally
touching) does not denote here simple touching. For below, Sltra 30, bathing
with the clothes on, will be prescribed for that, What does upasparsana then
mean? It means carrying out a corpse. For that an impurity lasting ten days
falls on the performer, provided that the carrying out be done for an object,
i.e. with the intention of gaining a fee or the like, not for the sake of doing
one's duty. The word impurity is here repeated in order to indicate that the
impurity, here intended, differs from that described above. Hence the rules
given below, Sltra 37, which prescribe sleeping and sitting on the ground and
so forth, do not apply. (The word impurity) indicates (here) merely that (the
performer of the act) must not be touched, and has no right (to perform sacred
ceremonies).'--Haradatta.
25. Haradatta states that Gautama
does not simply say 'six days,' because five seasons only are to be reckoned in
the case of a Vaisya, and six in the case of a Sldra.
28. Haradatta asserts that mriteshu,
'have died,'must be understood. But as both the preceding and the following
Sltras. refer to the carrying out of corpses, it is impossible to agree with
him. It seems to me that Gautama's rule means, that, if a man has carried out
the corpse of a teacher, &c., he becomes impure for ten, eleven, or twelve
days, or for three days only. See also Manu V, 91, 103; Yâgshavalkya III, 15.]
29. And if a man of lower caste
carries, out (the corpse of) one of higher caste, or a man of higher caste (carries
out the body of) one of lower caste, (the duration of) the impurity in these
(cases) is determined by (the caste of) the dead man.
30. On touching an outcast, a
Kandâla, a woman impure on account of her confinement, a woman in her courses,
or a corpse, and on touching persons who have touched them, he shall purify
himself by bathing dressed in his clothes,
31. Likewise if he has followed a
corpse (that was being carried out),
32. And (if he has come into contact)
with a dog.
33. Some (declare), that (the limb)
which (a dog) may touch (must be washed).
34. The Sapindas shall offer
(libations of) water for (a deceased relative) whose Kaula-karman (or tonsure)
has been performed,
35. As well as for the wives and
daughters of such (a person).
36. Some (declare, that it must be
done in the case) of married female relatives (also).
[30, Âpastamba II, 2, 2, 8-9; Manu V,
85; Yâgshvalkya III, 30.
31. Manu V, 103; Yâgshavalkya III,
26.
32-33. Âpastamba I, 5, 15, 16-17.
34. Âpastamba II, 6, 15, 9; Manu V,
70. Haradatta observes that most Grihya-sltras prescribe the performance of the
Kaulakarman in the third year,
36. Yâgshavalkya III, 4.]
37. (During the period of impurity)
all (the mourners) shall sleep and sit on the ground and remain chaste.
38.. They shall not clean
(themselves);
39. Nor shall they eat meat until
(the funeral oblation) has been offered.
40. On the first, third, fifth,
seventh, and ninth (days after the death) water (mixed with sesamum) must be
offered.
41. And the garments (worn during
that ceremony) must be changed,
42. But on the last (day they must be
given) to men of the lowest castes.
43. The parents (shall offer water
for a son who dies) after he has teethed.
44. If infants, (relatives) who live
in a distant country, those who have renounced domestic life, and those who are
not Sapindas, (die), the purification is instantaneous.
45. Kings (remain always pure), lest
their business be impeded,
46. And a Brâhmana, lest his daily
study of the Veda be interrupted.
[37. Manu V, 73; Yâgshvalkya III, 16.
39. Manu V, 73. 43. Manu V, 70.
44. Yâgshvalkya III, 23, Haradatta
remarks that the rule refers to those Sapindas residing in foreign countries
only, of whose death one may hear a year after their decease, and.to remoter
relations of whose death one hears after the lapse ol ten days; see Manu V,
75-76.
45. Manu V, 93-94; Yâgshvalkya III,
27. Haradatta add: that the plural 'kings' is used in order to include all
rulers and governors, and such persons as the king wishes to be pure.
46. Yâgshvalkya III, 28.]
Gautama Chapter XV.
1. Now (follow the rules regarding)
funeral oblations (Srâddha).
2. He shall offer (them) to the Manes
on the day of the new moon,
3. Or in the dark half (of the month)
after the fourth (lunar day),
4. Or on any day (of the dark half)
according to (the results he may) desire;
5. Or if (particularly appropriate)
materials or (particularly holy) Brâhmanas are at hand, or (the sacrificer is)
near a (particularly sacred) place, no restriction as to time (need be
observed):
6. Let him select as good food as he
can akord, and have it prepared as well as possible.
7. He shall feed an uneven number (of
Brâhmanas), at least nine,
8. Or as many as he is able (to
entertain).
9. (Let him feed such as are)
Srotriyas and
[XV. 1. 'The word "now"
indicates that a new topic begins.'--Haradatta. The rules now following refer
in the first instance to the Pârvana or monthly Srâddha, but most of them serve
also as general rules for all the numerous varieties of funeral sacrifices.
2. Manu III, 122; Yâgshvalkya I, 217.
3. Âpastamba II, 7, 16, 6.
4. Âpastamba II, 7, 16, 6-2 2.
5. Some of the most famous among the
places where the performance of a Srâddha is particularly efficacious and
meritorious are Gayâ in Bihâr, Pushkara or Pokhar near Agmîr, the Kurukshetra
near Dehli, Nâsika on the Godâvarî. Pilgrims or persons passing through such
places may and must perform a Srâddha on any day of the month.
7. Yâgshavalkya I, 227.
8. See also below, Sltra 21.
9. Âpastamba II, 7, 17, 4. Haradatta
explains vâk, 'eloquence,' by 'ability to speak Sanskrit,' rlpa, 'beauty,' by
'the proper number of limbs,' and vayahsampanna, 'of (suitable) age,' by 'not
too young.']
endowed with eloquence and beauty, of
a (suitable) age, and of a virtuous disposition.
10. It is preferable to give (food at
a Srâddha) to young (men in the prime of life).
11. Some (declare, that the age of
the guests shall be) proportionate to (that of) the Manes.
12. And he shall not try to contract
a friendship by an (invitation to a Srâddha).
13. On failure of sons (the deceased
person's) Sapindas, the Sapindas of his mother, or his pupils shall offer (the
funeral oblations),
14. On failure of these an
officiating priest or the teacher.
15. The Manes are satisfied for a
month by gifts of sesamum, Mâsha-beans, rice, barley, and water,
For (three) years by fish and the
flesh of common deer, spotted deer, hares, turtles, boars, and sheep,
For twelve years by cow's milk and
messes made of milk,
For a very long time by the flesh of
(the crane called) Vârdhrînasa, by Ocyrnurn sanctum (sacred Basil), and by the
flesh of goats, (especially) of a red (he-goat), and of a rhinoceros, (if these
dishes are) mixed with honey.
16. Let him not feed a thief, a
eunuch, an outcast, an atheist, a person who lives like an atheist,
[11. I.e. in honour of the father a
young man is to be invited, in honour of the grandfather an old man, and in
honour of the great-grandfather a very old man.
12. Âpastamba II. 7, 17, 4, 8; Manu
III, 140.
15. Âpastamba II, 7, 16, 23-11, 7,
17, 3; 11, 8, 18, 13.
16. Âpastamba II, 7, 17, 21. 'A
destroyer of the sacred fire (vîrahan), i.e. one who extinguishes intentionally
the (domestic) fire out of hatred against his wife, and for the like
reasons.'--Haradatta. He also remarks that some read agredidhishu instead of
agredidhishl, and he proposes to explain the former, on the authority of
Vyâghra and of the Naighantukas, as 'a Brâhmana whose wife has been wedded
before to another man.']
the destroyer of the sacred fire;
(the husband of) a younger sister married before the elder, the husband of an
elder sister whose youngest sister was married first, a person who sacrifices
for women or for a multitude of men, a man who tends goats, who has given up
the fire-worship, who drinks spirituous liquor, whose conduct is blamable, who
is a false witness, who lives as a door-keeper;
17. Who lives with another man's
wife, and the (husband) who allows that (must not be invited);
18. (Nor shall he feed) a man who
eats the food of a person born from adulterous intercourse, a seller of Soma,
an incendiary, a poisoner, a man who during studentship has broken the vow of
chastity, Who is the servant of a guild, who has intercourse with females who
must not be touched, who delights in doing hurt, a younger brother married
before the elder brother, an elder brother married after his younger brother,
an elder brother whose
[17. My MSS. make two Sltras out of
Professor Stenzler's one, and read upapatih | yasya ka sah. The sense remains
the same, but the latter version of the text is, I think, the correct one.
18. Haradatta. says that kundâsin may
also mean 'he who eats out of a vessel called kunda,' as the people have in
some countries the habit of preparing their food and afterwards eating out of
the kunda. Haradatta explains tyaktâtman, 'one who despairs of himself,' by
'one who has made an attempt on his own life, and has tried to hang himself,
and the like.' He remarks that some explain durvâla, 'a bald man,' by
nirveshtitasepha. He who neglects the recitation of the sacred texts, i.e. of
those texts which, like the Gâyatrî, ought to be recited.]
junior has kindled the sacred fire
first, a younger brother who has done that, a person who despairs of himself, a
bald man, a man who has deformed nails, or black teeth, who suffers from white
leprosy, the son of a twice-married woman, a gambler, a man who neglects the
recitation (of the sacred texts), a servant of the king, any one who uses false
weights and measures, whose only wife is a Sldra female, who neglects the daily
study, who suffers from spotted leprosy, a usurer, a person who lives by trade
or handicrafts, by the use of the bow, by playing musical instruments, or, by
beating time, by dancing, and by singing;
19. Nor, (sons) who have enforced a
division of the family estate against the wish of their father.
20. Some (allow) pupils and kinsmen
(to be invited).
21. Let him feed upwards of three
(or) one (guest) endowed with (particularly) excellent qualities.
22. If he enters the bed of a Sldra
female immediately after partaking of a funeral repast, his ancestors will lie
for a month in her ordure.
23. Therefore he shall remain chaste
on that day.
[19. Below, XXVIII, 2, it will be
prescribed that the division of family estate may take place during the
lifetime of the father with his consent. From this Sltra it would appear that
sons could enforce a division of the ancestral estate against his will, as
Yâgshvalkya also allows (see Colebrooke, Mitâksharâ I, 6, 5-11), and that this
practice, though legal, was held to be contra bonos mores.
20. Âpastamba II, 7, 17, 5-6.
21. According to Haradatta, this
Sltra is intended as a modification of Sltra 8.
22. Manu III, 250. 23. Manu III,
188.]
24. If (a funeral offering) is looked
at by dogs, Khandâlas, or outcasts, it is blemished.
25. Therefore he shall offer it in an
enclosed (place),
26. Or he shall scatter grains of
sesamum over it,
27. Or a man who sanctifies the
company shall remove the blemish.
28. Persons who sanctify the company
are, any one who knows the six Angas, who sings the Gyeshtha-sâmans, who knows
the three texts regarding the Nâkiketa-fire, who knows the text which contains
thrice the word Madhu, who knows the text which thrice contains the word
Suparna, who keeps five fires, a Snâtaka, any one who knows the Mantras and
Brâhmanas, who knows the sacred law, and in whose family the study and teaching
of the Veda are hereditary.
29. (The same rule applies) to
sacrifices offered to gods and men.
30. Some (forbid the invitation of)
bald men and the rest to a funeral repast only.
[24. Âpastamba II, 7, 17, 20.
28. Âpastamba II, 7, 17, 22.
29-30. Manu III, 132-137, 148-149.]
Gautama Chapter XVI.
1. The annual (term for studying the
Veda) begins on the full moon of the month Srâvana (July-August); or let him
perform the Upâkarman on
[XVI. 1. Âpastamba I, 3, 9, 1. The
Upâkarman is the ceremony which is annually performed at the beginning of the
course of study, and it is obligatory on householders also; see Âpastamba II,
2, 5, 1. Khandâmsi, 'the Vedic texts,' i.e. the Mantras and Brâhmanas. The
Angas may be studied out of term; see Âpastamba I, 3, 9, 3 note.]
(the full moon of) Bhâdrapada
(August-September) and study the Vedic texts,
2. During four months and a half, or
during five months, or as long as the sun moves towards the South.
3. Let him remain chaste, let him not
shave, nor eat flesh (during that period);
4. Or (this) restrictive rule may (be
observed) during two months.
5. He shall not recite the Veda, if
the wind whirls up the dust in the day-time,
6. Nor if it is audible at night,
7. Nor if the sound of a Vâna, of a
large or a small drum, the noise of a chariot, and the wail of a person in pain
(are heard),
8. Nor if the barking of many dogs
and jackals, or the braying of many donkeys (is heard),
9. Nor if (the sky appears flaming)
red, a rainbow (is seen), or hoar-frost (lies on the ground),
10. Nor if clouds rise out of season.
11. (Let him not study) when he feels
the necessity to void urine or excrements,
12. Nor at midnight, in the twilight,
and (while standing) in the water,
13. Nor while rain falls.
[2. Âpstamba I, 3, 9, 2-3.
3. This Sltra and the following one
refer to a teacher or to a householder who again goes through the Veda; see
Âpastamba, II, 2, 55 15, 16.
5-6. Âpastamba I, 3, 11, 8.
7-8. Âpastamba I, 3, 10, 19. A Vâna
is stated to be a kind of lute, or harp, with a hundred strings.
9. Âpastamba I, 31 11, 25, 31.
10. Âpastamba I, 3, 11, 31.
11. Manu IV, 109.
12. Âpastamba I, 3, 11, 15, 17; Manu
IV, 109.
13. Manu IV, 103.]
14. Some (declare, that the
recitation of the Veda must be interrupted only) when (the rain) is dripping
from the edge of the roof.
15. (Nor shall he study) when the
teachers (of the gods and Âsuras, i.e. the planets Jupiter and Venus) are
surrounded by a halo,
16. Nor (when this happens) to the
two (great) lights (the sun and the moon),
17. (Nor) while he is in fear, riding
in a carriage or on beasts of burden, or lying down, nor while his feet are
raised,
18. (Nor) in a burial-ground, at the
extremity of a village, on a high-road, nor during impurity,
19. Nor while a foul smell (is
perceptible), while a corpse or a Kandâla (is) in (the village), nor in the
neighbourhood of a Sldra,
20. Nor while (he suffers from) sour
eructations.
21. The Rig-veda and the Yagur-veda
(shall not be studied) while the sound of the Sâmans (is heard).
22. The fall of a thunderbolt, an
earthquake, an eclipse, and (the fall of) meteors (are reasons for
discontinuing the reading of the Veda) until the same time (next day),
23. Likewise when it thunders and
rains and
[15. 'Another (commentator says):
"Pariveshana, being surrounded by a halo, means bringing food" . . .
(The Sltra means, therefore), He shall not study while his teacher eats.'-
Haradatta.
16. Âpastamba I, 3, 11, 31.
17. Âpastamba I, 3, 9, 27; I, 3, 11,
12; Manu IV, 112: Yâgshavalkya I, 150.
18. Âpastamba I, 3, 9, 4, 6; I, 3,
10, 2, 4; I, 3, 11, 9.
19. Âpastamba I, 3, 10, 24; I, 3, 9,
6, 14-15.
20. Âpastamba I, 3, 10, 25.
21. Âpastamba I, 3, 10, 19.
22. Âpastamba I, 3, 11, 30.
23. Âpastamba I, 3, 11, 29; Manu IV,
29.]
when lightning (flashes out of
season) after the fires have become visible (in the twilight).
24. (If these phenomena appear)
during the (rainy) season, (the reading must be interrupted) for a day (or a
night),
25. And if lightning (is observed)
during the night, (the recitation of the Veda shall be interrupted) until the
third watch.
26. If (lightning) flashes during the
third part of the day or later, (the Veda must not be read) during the entire
(following night).
27. (According to the opinion) of
some, a fiery meteor (has the same effect) as lightning,
28. Likewise thunder (which is heard)
during the last part of the day,
29. (Or) also in the twilight.
[24. Âpastamba I, 3, 9, 22. The above
translation follows the reading of my MSS., which differ very much from
Professor Stenzier's edition. According to them the commentary on the latter
part of Sltra 23 and on Sltra 24 runs as follows: . . . pratyekam âlâlikâ
anadhyâyahetavah | apartâv idam | ritâv âha ||
AHA RITAU || 24 ||
Varshartâv ete yadi bhaveyuh sandhyâyâm
tadaharmâtram anâdhyâyah | prâtasket | sâyam tu râtrâv anadhyâya
ityarthasiddhatvâd anuktam || . . . 'are each reasons for discontinuing the
recitation until the same time next day. This (rule) refers to other times than
the rainy season. He now declares (the rule) for the rainy season:
24. "During the (rainy) season
for a day."
'If these (phenomena) happen in the
twilight during the rainy season, the interruption of the study lasts for that
day only, provided (they happen) in the morning. But if they happen in the
evening, study is forbidden during the night. As this is clear from the
context, it has not been declared specially.'--Haradatta. I suspect that
Professor Stenzler's reading apartau is a correction, made by an ingenious
Pandit, of an old varia lectio 'ahartau' for aha ritau, which is found in one
of my MSS. (C) also.
25. Âpastamba I, 3, 9, 21.]
30. (If thunder is heard) before
midnight, (the study of the Veda must be interrupred) during the whole night.
31. (If it is heard) during the (early
part of the) day, (the interruption must continue) as long as the sun shines,
32. Likewise if the king of the
country has died.
33. If one (pupil) has gone on a
journey (and) another (stays) with (the teacher, the study of the Veda shall be
interrupted until the absentee returns).
34. When an attack (is made on the
village), or a fire (breaks out), when one Veda has been completed, after (an
attack of) vomiting, when he has partaken of a funeral repast or of a dinner on
the occasion of a sacrifice offered to men, (the study of the Veda shall be-
interrupted) for a day and a night,
35. Likewise on the day of the new
moon.
36. (On the latter occasion it may
also be interrupted) for two days.
37. (The Veda shall not be studied
for a day and a night) bn the full moon days of the months Kârttika, Phâlguna,
and Âshâdha.
[30. Âpastamba I, 3, 9, 23.
33. Âpastamba I, 3, 11, 11. Haradatta
adds that others enjoin a stoppage of the Veda-study from the hour of the
departure until the same hour on the following day, while another commentator
gives the following explanation: 'All, indeed, the teacher and the rest, shall,
on that day, not even recite the Veda in order to remember it.'
34. Âpastamba I, 3, 9, 25; I, 3, 10,
22, 28-30; I, 3, 11, 6, 30; Manu IV, 118. Haradatta is in doubt whether 'a
sacrifice offered in honour of men' means a Samskâra, or a sacrifice to gods,
like Kumâra, who formerly were men; see Âpastamba I, 3, 11, 3.
36. Âpastamba I, 3, 9, 28.
37. Âpastamba I, 3, 10, 1.]
38. On the three Ashtakâs (the Veda
shall not be studied) for three (days and) nights.
39. Some (declare, that the rule
applies) to the last Ashtakâ (only).
40. (On the occasion of) the annual
(Upâkarman and Utsarga the reading shall be interrupted) on the day (of the
ceremony) and those preceding and following it.
41. All (teachers declare, that the
reading shall be interrupted for three days) when rain, thunder, and lightning
(are observed) simultaneously,
42. When the rain is very heavy, (the
reading shall be interrupted as long as it lasts).
43. On a festive day (the reading
shall be stopped) after the (morning) meal,
44. And he who has begun to study
(after the Upâkarman shall not read) at night for four Muhlrtas.
45. Some (declare, that the
recitation of the Veda is) always (forbidden) in a town.
46. While he is impure (he shall) not
even (recite the Veda) mentally.
[38. Âpastamba I, 3, 10, 2. Regarding
the meaning of the word Ashtakâ, see above, VIII, 18 note.
40. Âpastamba I, 3, 10, 2.
41. Âpastamba I, 3, 11, 27.
42. Âpastamba I, 3, 11, 28.
43. Haradatta explains 'a festive
day' to mean the day of the initiation ancl the like, but see Âpastamba I, 3,
11, 20.
44. Haradatta explains this Sltra as
equivalent to Âpastamba I, 3, 9, 1. He adds that another commentator reads
prâdhîtasya ka as a separate Sltra, interpreting it to mean, 'And a person who
has performed the Upâkarman (shall not study after dinner),' and refers the
words 'at night for four Muhlrtas' to the prohibition to read on the evening of
the thirteenth day of the dark half of the month.
45. Manu IV, 116.
46. Âpastamba I, 3, 11, 25.]
47. (The study) of those who offer a
funeral sacrifice (must be interrupted) until the same time next day,
48. Even if uncooked grain is offered
at the funeral sacrifice.
49. And (those rules regarding the
stoppage of the reading must be observed), which they teach in the several
schools.
[47. Âpastamba, ibidem.
49. Âpastamba I, 3, 11, 38.]
Gautama Chapter XVII.
1. A Brâhmana may eat the food given
by twice-born men, who are praised for (the faithful performance of their)
duties,
2. And he may accept (other gifts
from them).
3. Fire-wood, water, grass, roots,
fruits, honey, (a promise of) safety, food brought unsolicited, a couch, a
seat, shelter, a carriage, milk, sour milk, (roasted) grain, small fish,
millet, a garland, venison, and vegetables, (spontaneously offered by a man) of
any (caste) must not be refused,
4. Nor anything else that may be
required for providing for (the worship of the) Manes and gods, for Gurus and
dependents.
5. If the means for sustaining life
cannot (be procured) otherwise, (they may be accepted) from a Sldra.
6. A herdsman, a husbandman, an
acquaintance
[XVII. 1. Âpastamba, I, 6, 18, 13.
3. Âpastamba I, 6, 18, 1; I, 6, 19,
13; Manu IV, 247-250.
4. Manu IV, 251. Gurus, i.e. parents
and other venerable persons.
5. Âpastamba I, 6, 18, 14.
6. Manu IV, 253; Yâgshavalkya I,
166.]
of the family, a barber, and a
servant are persons whose food may be eaten,
7. And a trader, who is not (at the
same time) an artisan.
8. (A householder) shall not eat
every day (the food of strangers).
9. Food into which a hair or an
insect has fallen (must not be eaten),
10. (Nor) what has been touched by a
woman during her courses, by a black bird, or with the foot,
11. (Nor) what has been looked at by
the murderer of a learned Brâhmana,
12. (Nor) what has been smelt at by a
cow,
13. (Nor) what is naturally bad,
14. Nor (food) that (has turned) sour
by itself, excepting sour milk,
15. (Nor) what has been cooked twice,
16. (Nor) what (has become) stale (by
being
[7. E.g. a man who sells pots, but
does not make them.
8. Manu III, 104; Yâgshvalkya I, 112.
9. Âpastamba I, 5, 16, 23, 26.
10. Âpastamba I, 5, 16, 27, 30.
Haradatta explains 'a black bird' by 'a crow,' and no doubt the crow, as the
Kândâla among birds, is intended in the first instance.
11. Manu IV, 208; Yâgshavalkya I,
167.
12. Manu IV, 209; Yâgshvalkya I, 168.
13. 'What has been given in a
contemptuous manner by the host, or what is not pleasing to the eater, that is
called bhâvadushta, "naturally bad."'--Haradatta. The second seems to
be the right explanatibn, as food falling under the first is mentioned below,
Sltra 21.
14. Âpastamba I, 5, 17, 18, 20.
15. Haradatta states that this rule
does not refer to dishes the preparation of which requires a double cooking,
but to those which ordinarily are cooked once only.
16. Âpastamba I, 5, 17, 17. Haradatta
says that food prepared for the morning meal and kept until supper is also
called parvushita, 'stale.']
kept), except vegetables, food that
requires mastication, fatty and oily suibstanccs, meat and honey.
17. (Food given) by a person who has
been cast off (by his parents), by a woman of bad character, an Abhisasta, a
hermaphrodite, a police-officer, a carpenter, a miser, a jailer, a surgeon, one
who hunts without using the bow, a man who eats the leavings (of others), by a
multitude (of men), and by an enemy (must not be eaten),
18. Nor what is given by such men who
defile the company at a funeral dinner, as have been enumerated before bald
men;
19. (A dinner) which is prepared for
no (holy) purpose or where (the guests) sip water or rise against the rule,
20. Or where (one's) equals are
honoured in a different manner, and persons who are not (one's)
[17. For this and the following
Sltras, see Âpastamba I, 6, 18, 16-1, 6, 19, 1; Manu IV, 205-217; Yâgshavalkya
I, 161-165. An Abhisasta is a person who is wrongly or falsely accused of a
heinous crime, see Âpastamba I, 91 24, 6-9. Haradatta adduces the explanation
'hermaphrodite' for anapadesya as the opinion of others. He himself thinks that
it means 'a person not worthy to be described or named.' 'One who hunts without
using the bow' is a poacher who snares animals. Snaring animals is a favourite
occupation of the non-Aryan tribes, such as Vâghris, Bhils, and Kolis.
18. See above, XV, 15-18, where 'bald
men' occupy the fourteenth place in Sltra 18.
19. Âpastamba I, 5, 17, 3; Manu IV,
212. That is called 'food (prepared) for no (sacred) purpose which a man cooks
only for himself, not for guests and the rest, see Âpastamba II, 4, 8, 4; Manu
V, 7.
20. Âpastamba I, 5, 17, 2.]
equals are honoured in the same
manner (as oneself, must not be eaten),
21. Nor (food that is given) in a
disrespectful manner.
22. And the milk which a cow gives
during the first ten days after calving (must not be drunk),
23. Nor (that) of goats and
buffalo-cows (under the same conditions).
24. (The milk) of sheep, camels, and
of one-hoofed animals must not be drunk under any circumstances,
25. Nor (that) of animals from whose
udders the milk flows spontaneously, of those that bring forth twins, and of
those giving milk while big with young,
26. Nor the milk of a cow whose calf
is dead or separated from her.
27. And five-toed animals (must) not
(be eaten) excepting the hedgehog, the hare, the porcupine, the iguana, the
rhinoceros, and the tortoise,
28. Nor animals which have a double
row of teeth, those which are covered with an excessive quantity of hair, those
which have no hair, one-hoofed animals, sparrows, the (heron called) Plava,
Brahmanî ducks, and swans,
[21. Âpastamba I, 5, 17, 4.
22-23. Âpastamba I, 5, 17, 24
24. Âpastamba I, 5, 17, 23. 25. Âpastamba,
I, 5, 17, 23
26. Manu V, 8; Yâgshvalkya I, 170.
27. Âpastamba. I, 5, 17, 37.
28. Âpastamba I, 5, 17, 29, 33, 35.
Haradatta gives as an example of 'animals covered with an excessive quantity of
hair' the Yak or Bos grunniens, and of 'those that have no hair' snakes and the
like.]
29. (Nor) crows, herons, vultures,
and falcons, (birds) born in the water, (birds) with red feet and beaks, tame
cocks and pigs,
30. (Nor) milch-cows and
draught-oxen,
31. Nor the flesh of animals whose
milk-teeth have not fallen out, which are diseased, nor the meat of those
(which have been killed) for no (sacred) purpose,
32. Nor young sprouts, mushrooms,
garlic, and substances exuding (from trees),
33. Nor red (juices) which issue from
incisions.
34. Woodpeckers, egrets, ibis,
parrots, cormorants, peewits, and flying foxes, (as well as birds) flying at
night, (ought not to be eaten).
35. Birds that feed striking with
their beaks, or scratching with their feet, and are not web-footed may be
eaten,
36. And fishes that are not
misshapen,
[29. Âpastamba I, 5, 17, 29, 32, 34,
35; Yâgshvalkya I, 173.
30. Âpastamba I, 5, 17, 29-30.
31. Aitareya-brâhmana VII, 14. For
the explanation of vrithâ-mâmsa, 'the flesh (of animals killed) for no (sacred)
purpose,' Haradatta refers back to Sltra 19, but see also the Petersburg Dict.
s. v. vrithâ.
32. Âpastamba I, 5, 17, 26, 29; Manu
V, 5, 6, 19.
34. Manu V, 12; Yâgshvalkya I, 173,
Haradatta explains mândhâla by vâgvada, which seems to be the same as the bird
vâgguda, (Manu XII, 64). Mândhâla is not found in our dictionaries, but it
apparently is a vicarious form for mânthâla, which occurs in the
Vâgasaneyi-samhitâ and is said to be the name of a kind of mouse or rat, It
seems to me that the large herbivorous bat, usually called the flying fox (in
Gugarâtî vâgud or vâgul) is really meant, which, by an inaccurate observer,
might be described both as a bird and as a kind of rat. See also Vasishtha XIV,
48.
35. Âpastamba I, 5, 17, 32-33.
36. Âpastamba I, 5, 17, 38-39.]
37. And (animals) that must be slain
for (the fulfilment of) the sacred law.
38. Let him eat (the flesh of
animals) killed by beasts of prey, after having washed it, if no blemish is
visible, and if it is declared to be fit for use by the word (of a Brâhmana).
[37. I.e. animals offered at Srâddhas
and Srauta-sacrifices, though under other circumstances forbidden, may be eaten
both by the priests and other Brâhmanas.
38. Haradatta takes vyâla, 'beasts of
prey,' to mean sporting dogs, which no doubt are also intended.]
Gautama Chapter XVIII.
1. A wife is not independent with
respect to (the fulfilment of) the sacred law.
2. Let her not violate her duty
towards her husband.
3. Let her restrain her tongue, eyes,
and (organs of) action.
4. A woman whose husband is dead and
who desires offspring (may bear a son) to her brother-in-law.
[XVIII. 1. Manu V, 155. This Sltra
refers in the first instance to the inability of wives to offer on their own
account Srauta or Grihya-sacrifices, or to perform vows and religious
ceremonies prescribed in the Purânas, without the permission of their husbands.
As the word strî means both wife and woman, its ulterior meaning is, that women
in general are never independent; see Manu V, 148; IX, 3; Yâgshavalkya 1, 85.
2. Âpastamba II, 10, 27, 6; Manu IX,
102.
3. Manu V, 166; Yâgshavalkya I, 87.
4. Âpastamba II, 10, 27, 2-3; Manu
IX, 59-60; Yâgshvalkya I, 68. Apati, 'she whose husband is dead,' means
literally, 'she who has no husband.' But as the case of a woman whose husband
has gone abroad, is discussed below, it follows that the former translation
alone is admissible. lt must, of course, be unaerstood that the widow has no
children.]
5. Let her obtain the permission of
her Gurus, and let her have intercourse during the proper season only.
6. (On failure of a brother-in-law
she may obtain offspring) by (cohabiting with) a-Sapinda, a Sagotra, a
Samânapravara, or one who belongs to the same caste.
7. Some (declare, that she shall
cohabit) with nobody but a brother-in-law.
8. (She shall) not (bear) more than
two (sons).
9. The child belongs to him who begat
it,
10. Except if an agreement (to the
contrary has been made).
11. (And the child begotten at) a
living husband's (request) on his wife (belongs to the husband).
12. (But if it was begotten) by a
stranger (it belongs) to the latter,
13. Or to both (the natural father
and the husband of the mother).
14. But being reared by the husband,
(it belongs to him.)
[5. The Gurus are here the husband's
relatives, under whose protection the widow lives.
6. Regarding the term Sapinda, see
above, XIV, 13; a Sagotra is a relative bearing the same family name (laukika
gotra) removed seven to thirteen degrees, or still further. A Samânapravara is
one who is descended from the same Rishi (vaidika gotra).
8. Colebrooke V, Digest 265.
Haradatta explains atidvitîya, 'not more than two (sons),' to mean 'not more
than one son' (prathamam apatyam atîtya dvitîyam na ganayed iti). But see Manu
IX, 61.
9. Âpastamba II, 6, 13, 6-7.
10. Manu IX, 52.
11. Manu IX, 145. Such a son is
called Kshetraga, see below, XXVIII, 32.
12. Manu IX, 144.
13. Yâgshvalkya II, 127. Such a son
is called dvipitri or dvyâmushyâyana.]
15. (A wife must) wait for six years,
if her husband has disappeared. If he is heard of, she shall go to him.
16. But if (the husband) has
renounced domestic life, (his wife must refrain) from intercourse (with other
men).
17. (The wife) of a Brâhmana (who has
gone to a foreign country) for the purpose of studying (must wait) twelve
years.
18. And in like manner if an elder
brother (has gone to a foreign country) his younger brother (must wait tvwelve
years) before he takes a wife or kindles the domestic fire.
19. Some (declare, that he shall
wait) six years.
20. A (marriageable) maiden (who is
not given in marriage) shall allow three monthly periods to pass, and
afterwards unite herself, of her own will, to a blameless man, giving up the
ornaments received from her father or her family).
21. A girl should be given in
marriage before (she attains the age of) puberty.
22. He who neglects it, commits sin.
[15. Manu IX, 76. 'When the husband
has disappeared, i.e. has gone to a foreign country, his wife, though
childless, shall wait for six years. After (the lapse of) that (period) she
may, if she desires it, produce a child (by cohabiting with a Sapinda), after
having been authorised thereto by her Gurus. If the husband is heard of, i.e.
that he dwells in such and such a country, she shall go to him.'--Haradatta. Kshapana,
'waiting,' is ambiguous, and may also mean being continent or emaciating
herself.
17. I.e. before she goes to live with
a Sapinda, or tries to follow her husband, in case his residence is known.
20. Manu IX, 90-92; Yâgshavalkya I,
64.
21. Manu IX, 88.
22. Manu IX, 4; Yâgshavalkya I, 64.
'He who,' i.e. the father or guardian.]
23. Some (declare, that a girl shall
be given in marriage) before she wears clothes.
24. In order to defray the expenses
of a wedding, and when engaged in a rite (enjoined by) the sacred law, he may
take money (by fraud or force) from a Sldra,
25. Or from a man rich in small
cattle, who neglects his religious duties, though he does not belong, to the
Sldra caste,
26. Or from the owner of a hundred
cows, who does not kindle the sacred fire,
27. Or from the owner of a thousand
cows, who does not drink Soma.
28. And when he has not eaten (at the
time of six meals he may take) at the time of the seventh meal (as much as will
sustain life), not (such a quantity as will serve) to make a hoard,
29. Even from men who do not neglect
their duties.
30. If he is examined by the king
(regarding his deed), he shall confess (it and his condition).
31. For if he possesses sacred
learning and a good character, he must be maintained by the (king).
[24. Manu XI, 11, 13. Haradatta
explains dharmatantra, 'a rite prescribed by the sacred law,' here, as well as
Sltra 32, by 'the means,' i.e. a sacrificial animal and the like required by
one who is engaged in performing a sacred duty, i.e. a Pasubandha-sacrifice and
the like.
25. Manu XI, 12. 26-27. Manu XI, 14.
28. Manu XI, 16; Yâgshvalkya III, 43-
30. Manu XI, 7; Yâgshavalkya III,
43-44.
31. Manu XI, 21-22. Haradatta adds
that a Brâhmana who acts thus, must, of course, not be punished.]
32. If the sacred law is violated and
the (king) does not do (his duty), he commits sin.
[32. Haradatta refers this Sltra to
the case where 'a sacrificial animal or other requisites for a sacrifice are
stolen from a Brâhmana. It seems, however, more probable that it refers to the
duty of the king to prevent, by all means in his power, a violation of the
sacred duty to perform Srauta- sacrifices, and that it is intended to prescribe
that he is to assist a man who is engaged in them and too poor to finish them.]
Gautama Chapter XIX.
1. The law of castes and of orders
has been declared.
2. Now, indeel, man (in) this (world)
is polluted by a vile action, such as sacrificing for men unworthy to offer a
sacrifice, eating forbidden food, speaking what ought not to be spoken,
neglecting what is prescribed, practising what is forbidden.
3. They are in doubt if he shall
perform a penance for such (a deed) or if he shall not do it.
4. (Some) declare, that he shall not
do it,
[XIX. 1. Haradatta, thinks that the
object of this Sltra is to assert that in the following chapter the laws given
above for castes and orders must be kept in miml. Thus penances like offerin',
a Punastoma are not intended for Sldras, who have no business with Vedic rites,
but other penances are. He also states that another commentator believes that
the Sltra is meant to indicate that the following rules refer not merely to
those men who belong to castes and orders, but to the Pratilomas also, who have
been declared to stand outside the pale of the sacred law. Haradatta's opinion
appears to be preferable.
2. 'Ayam purushalh, "man (in)
this (world)," indicates the universal soul which is dwelling in the body.
Yâpya, "vile," i.e. despicable (kutsita).'--Haradatta.
3. 'They, i.e. the theologians
(brahmavâdinah).'-Haradatta.]
5. Bccause the deed does not perish.
6. The most excellent (opinion is),
that he shall perform (a penance).
7. For it is declared in the Veda,
that he who has offered a Punastoma (may) again come to (partake of) the
libations of Soma,
8. Likewise he who has offered a
Vrâtyastoma.
9. (The Veda says) further: 'He who
offers a horse-sacrifice, conquers all sin, he destroys the guilt of the murder
of a Brâhmana;
10. Moreover: 'He shall make an
Abhisasta perform an Agnishtut sacrifice.'
11. Reciting the Veda, austerity, a
sacrifice, fasting, giving gifts are the means for expiating such a (blamable
act).
12. The purificatory (texts are), the
Upanishads, the Vedântas, the Samhitâ-text of all the Vedas, the (Anuvikas
called) Madhu, the (hymn of)
[5. Le. the guilt (adharma)
contracted by the deed is not effaced before it has produced its result in the
shape of punishment in hell and in other births, see also Manu X1, 45.
6. 'Apara, "most
excellent," means that which nothing surpasses, i.e. the settled
doctrine.'--Haradatta.
7. The Punastoma is one of the
Srauta-sacrifices belonging to the class called Ekâha. Regarding its efficacy,
see also Lâtyâyana Srauta-sltra IX, 4, 5.
8. The Vrâtvastoma is another Ekâha-sacrifice.
Regarding its efficacy, see Yâgshvalkya I, 38; Lâtyâyana Srautra-sltra VIII 6,
29.
9. Satapatha-brâhmana XIII, 3, 1, 1.
10. The Agnishtut is an
Ekâha-sacrifice. Regarding its efficacy, see Manu XI, 75.
11. Manu XI, 46, 228; Âpastamba I, 9,
26, 12-I, 9, 27, 11.
12. 'Those parts of the Âranyakas
which are not (Upanishads) are called Vedântas. In all the Vedas (khandas),
i.e. in all Sâkhis (pravakana), the Samhitâ-text, not the Pada-text, nor the
Krama-text. Another commentator savs, "One Sanihitâ is to be made with all
the metres, i.e. the Gâyatrî and the rest, and to be recited according to the
manner of the Prâtaranuvâka."'--Haradatta. According to the same
authority, the Madhus are found Taittirîya Âranyaka X, 38, the hymn of
Aghamarshana Rig-veda X, 190, the Rudras Taittiriya-samhitâ IV, 5, 1-11, and in
the corresponding eleven chapters of all other Yagus-sâkhâs, the Purushaslkta
Rig-veda X, 90, the Klshmândas Taittirîya Âranyaka X, 3-5, the Pâvamânîs
Rig-veda IX, while by Atharvasiras the Upanishad, known by that name, is meant.
As regards the Sâmans mentioned in the Sltra it suffices to refer to Professor
Benfey's Index, Ind. Stud. III, 199, and to Dr. Burnell's Index of the
Ârsheya-brâhmana.]
Aghamarshana, the Atharvasiras, the
(Anuvikas called the) Rudras, the Purusha-hymn, the two Sâmans (called) Râgana
and Rauhineya, the Brihat (Sâman) and the Rathantara, the Purushagati (Sâman),
the Mahânimnis, the Mahâvairâga (Sâman), the Mahâdivâkîrtya (Sâman), any of the
Gyeshtha Sâmans, the Bahishpavamâna (Sâman), the Klshmândas, the Pâvamânîs, and
the Sâvitrî.
13. To live on milk alone, to eat
vegetables only, to eat fruits only, (to live on) barley-gruel prepared of a
handful of grain, to eat gold, to eat clarified butter, and to drink Soma (are
modes of living) which purify.
14. All mountains, all rivers, holy
lakes, places of pilgrimage, the dwellings of Rishis, cow-pens, and temples of
the gods (are) places (which destroy sin).
[13. According to Haradatta the word
iti, which appears in the text at the end of the enumeration, is intended to
include other similar kinds of food, as 'the five products of the cow.' Eating
gold means eating small particles of gold which have been thrown into clarified
butter and the like.
14. The word iti used in the text is,
according to Haradatta, again to be taken in the sense of 'and so forth.' The
translation of parishkanda, 'a tetnple,' not parishkandha, as Professor
Sterizler reads, is based on Haradatta's explanation. Etymologically it seems
to mean 'a place for circumambulation,' and to denote the platform on which the
temples usually stand, and which is used for the Pradakshina ceremony.]
15. Continence, speaking the truth,
bathing morning, noon, and evening, standing in wet clothes, sleeping on the
ground, and fasting (are the various kinds of) austerity.
16. Gold, a cow, a dress, a horse,
land, sesamum, clarified butter, and food are the gifts (which destroy sin).
17. A year, six months, four
(months), three (months), two (months), one (month), twenty-four days, twelve
days, six days, three days, a day and a night are the periods (for penances).
18. These (acts) may be optionally
performed when no (particular penance) has been prescribed,
19. (Viz.) for great sins difficult
(penances), and for trivial faults easy ones.
20. The Krikkhra and the Atikrikkhra,
(as well as) the Kindrâyana, are penances for all (offences).
[15. The word iti in the text is
explained as in the preceding Sltras.
18. These (acts), i.e. the recitation
of the Veda and so forth. which have been enumerated above, Satras 11-16.
20. Regarding these penances, see
chapters XXVI and XXVIL Haradatta again takes the word iti, which occurs in the
text, to include other difficult penances.]
Gautama Chapter XX.
1. Let him cast off a father who
assassinates a king, who sacrifices for Sldras, who sacrifices for
[XX. 1. Haradatta remarks that the
father is mentioned here, in order to indicate that other less venerable
relatives must certainly also be abandoned. He also states that bhrlnahan, 'he
who slays a learned Brâhmana,' includes sinners who have committed other mortal
sins (mahâpâtaka), see XXI, 1.]
his own sake (accepting) money from
Sldras, who divulges the Veda (to pcrsons not authorised to study it), who
kills a learned Brâhmana, who dwells with men of the lowest castes, or
(cohabits) with a female of one of the lowest castes.
2. Having assembled the (sinner's)
spiritual Gurus and the relatives by marriage, (the sons and other kinsmen)
shall perform (for him) all the funeral rites, the first of which is the
libation of water,
3. And (afterwards) they shall
overturn his water-vessel (in the following manner):
4. A slave or a hired servant shall
fetch an impure vessel from a dust-heap, fill it (with water taken) from the
pot of a female slave and, his face turned towards the south upset it with his
foot, pronouncing (the sinner's) name (and saying): 'I deprive N. N. of water.'
5. All (the kinsmen) shall touch him
(the slave) passing their sacrificial cords over the right shoulder and under
the left arm, and untying the locks on their heads.
6. The spiritual Gurus and the
relatives by marriage shall look on.
7. Having bathed, they (all shall)
enter the village.
8. He who afterwards unintentionally speaks
to
[2. Manu XI, 183-185; Yâgshavalkya
III, 295. The spiritual Gurus, i.e. the teacher who initiated him (ikirya) and
those who instructed him in the Veda (upâdhyâya).
8. Manu XI, 185.]
the (outcast sinner) shall stand.
during one night, reciting the Sâvitri.
9. If he intentionally (converses
with the outcast, he must perform the same penance) for three nights.
10. But if an (outcast sinner) is
purified by (performing) a penance, (his kinsmen) shall, after he has become
pure, fill a golden vessel (with water) from a very holy lake or a river, and
make him bathe in water (taken) from that (vessel).
11. Then they shall give him that
vessel and he, after taking it, shall mutter (the following Mantras): 'Cleansed
is the sky, cleansed is the earth, cleansed and auspicious is the middle
sphere; I here take that which is brilliant.'
12. Let him offer clarified butter,
(reciting) these Yagus formulas, the Pâvamânis, the Taratsamandis, and the
Klshmândas.
13. Let him present gold or a cow to
a Brâhmana,
14. And to his teacher.
15. But he, whose penance lasts for
his (whole) lifetime, will be purified after death.
16. Let (his kinsmen) perform for him
all the funeral rites, the first of which is the libation of water.
17. This same (ceremony of bathing
in) water
[10. Manu XI, 187-188; Yâgshavalkya
III, 296.
11. As appears from Gobhila
Grihya-sltra III, 4, 16, the noun to be imclerstood is apâm ashgalih, 'a
handful of water.'
15. Haradatta refers the term
Pâvarnânîs here to Taittirîyabrâhmana I, 4, 8. The Taratsamandis are found Rig
veda IX, 58.
17. '"Water (consecrated) for
the sake of purification" . means water consecrated by the formulas,
"Cleansed is the earth," &c.'--Haradatta.]
consecrated for the sake of
purification (must be performed) in the case of all minor offences
(upapâtakas).
Gautama Chapter XXI.
1. The murderer of a Brâhmana, he who
drinks spirituous liquor, the violator of a Guru's bed, he who has connection
with the female relatives of his mother and of his father (within six degrees)
or with sisters and their female offspring, he who steals (the gold of a
Brâhmana), an atheist, he who constantly repeats blamable acts, he who does not
cast off persons guilty of a crime causing loss of caste, and he who forsakes
blameless (relatives), become outcasts,
2. Likewise those who instigate
others to acts causing loss of caste,
3. And he who for a (whole) year
associates with outcasts.
4. To be an outcast means to be
deprived of the right to follow the lawful occupations of twiceborn men,
5. And to be deprived after death of
the rewards of meritorious deeds.
[XXI. 1. Âpastamba I, 7, 21, 7-9, 11;
I, 9, 24, 6-9; Manu XI, 35; Yâgshavalkya III, 2 2 7. Guru, i.e. a father or
spiritual teacher. The term yonisambandha, 'sisters and their female
offspring,' seems to be used here in a sense different from that which it has
III, 3; XIV, 20; and XIX, 20. it may possibly include also daughters-in-law.
2. Âpastamba II, 11, 29, 1.
3. Manu IX, 181; Yâgshavalkya III,
261.]
6. Some call (this condition) hell.
7. Manu (declares, that) the first
three (crimes, named above) cannot be expiated.
8. Some (declare, that a man) does
not become an outcast (by having connection) with female (relatives), except
(when he violates) a Guru's bed.
9. A woman becomes an outcast by
procuring abortion, by connection with a (man of) lower (caste) and (the like heinous
crimes).
10. Giving false evidence, calumnies
which will reach (the ears of) the king, an untrue accusation brought against a
Guru (are acts) equal to mortal sins (mahâpâtaka).
11. (The guilt of a) minor offence
(upapâtaka) rests on those who (have been declared to) defile the company (at a
funeral dinner and have been named above) before the bald man, on killers of
kine, those who forget the Veda, those who pronounce Vedic texts for the
(last-mentioned sinners), students
[7. Âpastamba I, 9, 24, 24-25; I, 9,
25, 1-3; Manu. XI, 90-92, 104-105. The 'penances' prescribed are equal to a
sentence of death.
8. Âpastamba I, 7, 21, 10.
9. Yâgshavalkya III, 298. 'On account
of the word "and," by slaying a Brâhmana and similar crimes also.
Another (commentator) says, "A woman who serves the slayer of a learned
Bribmana, or a man of lower caste, i.e. becomes his wife, loses her caste. On
account of the word 'and' the same happens in case she kills a Brâhmana or
commits a similarly heinous crime. The slayer of a Brâhmana, is mentioned in
order to include (all) outcasts."'--Haradatta.
10. Manu XI, 56-57; Yâgshavalkya III,
228-229.
11. Manu XI, 60-67; Yâgshavalkya III,
234-242; Âpastamba, I, 7, 21, 12-17, 19. The persons who defile the company are
enumerated above, XV, 16-18.]
who break the vow of chastity, and
those who allow the time for the initiation to pass.
12. An officiating priest must be
forsaken, if he is ignorant (of the rules of the sacrifice), a teacher, if he
does not impart instruction, and (both) if they commit crimes causing loss of
caste.
13. He who forsakes (them) under any
other circumstances, becomes an outcast.
14. Some declare, that he, also, who
receives (a person who has unjustly forsaken his priest or teacher, becomes an
outcast).
15. The mother and the father must
not be treated improperly under any circumstances.
16. But (the sons) shall not take
their property.
17. By accusing a Brâhmana of a crime
(the accuser commits) a sin equal (to that of the accused).
18. If (the accused is) innocent,
(the accuser's guilt is) twice (as great as that of the crime which he imputed
to the other).
19. And he who, though able to rescue
a weak man from injury, (does) not (do it, incurs as much guilt as he who
injures the other).
20. He who in anger raises (his hand
or a weapon)
[12. Âpastamba I, 2, 4, 26; I, 2, 7,
26; I, 2, 8, 27. Haradatta asserts that, as the desertion of sinners has been
prescribed above, XX, 1, the expression patanîyasevâyâm must here mean 'if they
associate with outcasts.' The former rule refers, however, to blood relations
only, and our Sltra may be intended to extend it to spiritual, relations.
15. Âpastamba I, 10, 28, 9-10. The
meaning is that parents, though they have become outcasts, must be provided
with the necessaries of life.
16. Haradatta adds that their
property goes to the king.
17. Âpastamba I, 7, 21, 20,
18. Yâgshavalkya III, 285.
20-21. Manu X1, 207; Yâgshavalkya
III, 293. According to Haradatta the word asvargyam, 'will be banished from or
lose heaven,' may either mean that a hundred years' residence in heaven will be
deducted from the rewards for his meritorious deeds, or that he will reside in
hell for the period specified.]
against a Brâhmana, will be banishcd
from heaven for a hundred years.
21. If he strikes, (he will lose
heaven) for a thousand (years).
22. If blood flows, (he will lose
heaven) for a number of years equal to (that of the particles of) dust which
the spilt (blood) binds together.
[22. Manu XI, 2o8; Yâgshavalkya III,
293.]
Gautama Chapter XXII.
1. (Now follows the description of
the) penances.
2. He who has (intentionally) slain a
Brâhmana shall emaciate himself, and thrice throw himself into a fire,
3. Or he may become in battle a
target for armed men,
4. Or, remaining chaste, he may,
during twelve years, enter the village (only) for the purpose of begging,
carrying the foot of a bedstead and a skull in his hand and proclaiming his
deed.
5. If be meets an Ârya, he shall step
out of the road.
[XXII. 1. The text of the Sltra
consists of the single word 'penance' in the singular, which, being the
adhikâra or heading, must be taken with each of the following Sltras down to
the end of chapter XXIII.
2. Manu XI, 74.
3. Âpastamba I, 9, 25, 11.
4. Âpastamba I, 9, 24, 11-20.
Haradatta says, 'the foot of a bedstead' (khatvânga) is known in the case of
the Pâsupatas, and indicates thereby that he interprets the term to mean 'a
club shaped like the foot of a bedstead,' which the Pâsupatas wear.
5. Âpastamba I, 9, 24, 13.]
6. Standing by day, sitting at night,
and bathing in the morning, at noon, and in the evening, he may be purified
(after twelve years),
7. Or by saving the life of a
Brâhmana,
8. Or if he is, at least, thrice
vanquished in (trying to recover) the property (of a Brâhmana) stolen (by
robbers),
9. Or by bathing (with the priests)
at (the end of) a honse-sacrifice,
10. Or at (the end of) any other
(Vedic) sacrifice, provided that an Agnishtut (sacrifice) forms part of it.
11. (The same penances must be
performed) even if he has attempted the life of a Brâhmana, but failed to kill
him,
12. Likewise if he has killed a
female (of the Brâhmana caste) who had bathed after temporary uncleanness,
13. Also for (destroying) the embryo
of a Brâhmana, though (its sex) may be not distinguishable.
14. For (intentionally) killing a
Kshatriya the normal vow of continence (must be kept) for six
[6. Âpastamba I, 9, 25, 10.
7. Manu XI, 80; Yâgshavalkya III,
244-245.
8. Âpastamba I, 9, 25, 21.
9. Âpastamba I, 9, 25, 22.
10. Haradatta names the Pashkarâtra
sacrifice as an instance of a Srauta yagsha, of which an Agnishtut forms part.
He adds that another commentator explain s the Sltra to mean, 'or at any other
sacrifice, provided that an Agnishtut saciffice be its final ceremony.'
Regarding the Agnishtut sacrifice, see also above, XIX, 10.
11. Yâgshavalkya III, 252.
12. Âpastamba I, 9, 24, 9; Manu XI,
88; Yâgshvalkya III, 251.
13. Âpastamba I, 9, 24, 8; Manu,
Yâgshavalkya, loc. cit.
14. Âpastamba I, 9, 24, 1, 4.
'Prâkrita (normal) means natural (svâbhâvika), i.e. not accompanied by the
carrying of the foot of a bedstead and the rest.'--Haradatta.]
years; and he shall give one thousand
cows and one bull.
15. For (killing) a Vaisya (the same
penance must be performed) during three years; and he shall give one hundred
cows and one bull.
16. For (killing) a Sldra (the same
penance must be performed) during one year; and he shall give ten cows and one
bull.
17. And the same (rule applies) if a
female (has been killed) who was not in the condition (described in Sltra 12).
18. (The penance for killing) a cow
is the same as for (the murder of) a Vaisya,
19. And for injuring a frog, an
ichneumon, a crow, a chameleon, a musk-rat, a mouse, and a dog,
20. And for killing one thousand
(small animals) that have bones,
21. Also for (killing) an ox-load of
(animals) that have no bones;
[15. Âpastamba I, 9, 24, 2, 4.
16. Âpastamba I, 9, 24, 3, 4.
17. Âpastamba I, 9, 24, 5;
Yâgshavalkya III, 269. Haradatta says that this rule refers to the expiation of
the murder of a virtuous Brâhmanî.
18. Âpastamba, I, 9, 26, 5; ManuXI,
109-116; Yâgshavalkya III, 263. Haradatta thinks that the Sltra refers to the
cow of a virtuous Srotriya or of a poor Brâhmana who has many children.
19. Âpastamba I, 9, 25, 13. Haradatta
explains dahara to mean a small mouse, but gives the meaning assigned to it in
the translation as the opinion of others. He states that all the animals named
must have been intentionally injured and together.
20. Manu XI, 142; Yâgshavalkya III,
275.
21. Âpastamba I, 9, 26, 2.]
22. Or he may also give something for
(the destruction of) each animal that has bones.
23. For (killing) a eunuch (he shall
give) a load of straw and a mâsha of lead;
24. For (killing) a boar, a pot of
clarified butter;
25. For (killing) a snake, a bar of
iron;
26. For (killing) an unchaste woman,
who is merely in name a Brâhmanî, a leather bag;
27. (For killing a woman who
subsists) by harlotry, nothing at all.
28. For preventing that (a Brâhmana)
obtains a wife, food, or money, (he must) in each case (remain chaste) during a
year,
29. For adultery two years,
30. (For adultery with the wife) of a
Srotriya three years.
31. And if he has received a present
(from the woman), he shall throw it away,
32. Or restore it to the giver.
33. If he has employed Vedic texts
for people (with whom such intercourse is) forbidden, (he shall remain chaste
for a year), provided (the portion of the Veda thus employed) contained one
thousand words.
[22. Haradatta quotes a verse showing
that 'something' means eight handfuls (mushti) of grain.
23, Manu XI, 134; Yâgshavalkya III,
273.
24. Manu XI, 135.
25. Manu XI, 34; Yâgshavalkya III,
273. Possibly danda, a bar, denotes here a particular measure, as a danda is
said to be equal to four hastas or ninety-six angulis.
26. Manu XI, 139.
29-30. Âpastamba II, 110, 27, 11.
33. Haradatta says that by the
employment of Vedic texts, teaching or sacrificing is meant, but that others
refer the Sltra to the performance of these acts in the company of, not for
unworthy people.]
34. And the same (penance must be
performed) by him who extinguishes the (sacred) fires, who neglects the daily
recitation of the Veda, or (who is guilty) of a minor offence (upapâtaka),
35. Also by a wife who violates her
duty (to her husband): but, being guarded, she shall receive food.
36. For committing a bestial crime,
excepting (the case of) a cow, (he shall offer) an oblation of clarified
butter, (reciting) the Kashmanda texts.
[35. Manu XI, 189; Yâgshavalkya III,
297.
36. Manu XI, 174. Regarding the
Klshmândas, see XIX, 12.]
Gautama Chapter XXIII.
1. They shall pour hot spirituous
liquor into the mouth of a Brâhmana who has drunk such liquor; he will be
purified after death.
2. If he has drunk it
unintentionally, (he shall drink) for three days hot milk, clarified butter,
and water, and (inhale hot) air. That (penance is called the Tapta-)krikkhra.
Afterwards he shall be again initiated.
3. And (the same penance must be
performed) for swallowing urine, excrements, or semen,
[XXIII. 1. Âpastamba I, 9, 25, 3.
Haradatta, remarks that other twice-born men also must perform the same penance
in case they drink liquor forbidden to them, see above, II, 20 note. He also
states that the offence must have been committed intentionally and repeatedly
in order to justify so severe an expiation. Regrding the effect of the
purification after death, see above, XX, 16.
2-3. Manu XI, 151; Yâgshavalkya III,
255; see also Âpastamba I, 9, 25, 10.]
4. And (for eating) any part of a
carnivorous beast, of a camel or of an ass,
5. And of tame cocks or tame pigs.
6. If he smells the fume (exhaled) by
a man who has drunk spirituous liquor, (he shall) thrice restrain his breath
and eat clarified butter,
7. Also, if he has been bitten by
(one of the animals mentioned) above (Sltras 4-5).
8. He who has defiled the bed of his
Guru shall extend himself on a heated iron bed,
9. Or he shall embrace the red-hot
iron image of a woman.
10. Or he shall tear out his organ
and testicles and, holding them in his hands, walk straight towards the
south-west, until he falls down dead,
11. He will be purified after death.
12. (The guilt of him who has
intercourse) with the wife of a friend, a sister, a female belonging to the
same family, the wife of a pupil, a daughter-in-law, or with a cow, is as great
as that of (him who violates his Guru's) bed.
13. Some (declare, that the guilt of
such a sinner is equal to) that of a student who breaks the vow of chastity.
14. A woman who commits adultery with
a man
[4-5. Manu XI, 157.
6. Manu XI, 150.
7. Manu XI, 200; Yâgshavalkya III,
277.
8-10. Âpastamba I, 9, 25, 1-2.
Haradatta asserts that Guru denotes here the father alone.
12. Manu XI, 171-172; Yâgshavalkya
III, 232-233.
13. 'The penance also consists in the
performance of the rites obligatory on an unchaste student (see Sltras 17-19),
and that for the violation of a Guru's bed need not be performed.'--Haradatta.
14. Manu VIII, 371.]
of lower caste the king shall cause
to be devoured by dogs in a public place.
15. He shall cause the adulterer to
be killed (also).
16. (Or he shall punish him in the
manner) which has been declared (above).
17. A student who has broken the vow
of chastity shall offer an ass to Nirriti on a cross-road.
18. Putting on the skin of that
(ass), with the hair turned outside, and holding a red (earthen) vessel in his
hands, he shall beg in seven houses, proclaiming his deed.
19. He will be purified after a year.
20. For an involuntary discharge
caused by fear or sickness, or happening during sleep, and if for seven days
the fire-oblations and begging have been neglected, (a student) shall make an
offering of clarified
[15. Manu VIII, 372; Yâgshavalkya
III, 286; Âpastamba II, 10, 27, 9. My best MSS. read ghâtayet, 'shall cause to
be killed,' instead of Professor Stenzler's khâdayet, 'shall cause to be
devoured.' C. has khâdayet, but its commentary, as well as that given in the
other MSS., shows that ghâtayet is the correct reading. The text of the
commentary runs as follows: Anantaroktavishaye gatah pumân râgshâ ghâtayitvyo
[khâdayitavyo C.] vadhaprakâraskânantaram eva vasishthavakane darsitah. The
passages of Vasishtha XXI, 1-3, which Haradatta has quoted in explanation of
Sltra 14, prescribe that the adulterer is to be burnt. Another objection to the
reading khâdayet is that the word would be superfluous. If Gautama had intended
to prescribe the sarne punishment for the adulterer as for the woman, he would
simply have said pumâmsam.
16. Above, i.e. XII, 2, where the
mutilation of the offender has been prescribed. See also Âpastamba II, 10, 26,
20.
17- 19. Âpastamba I, 9, 2 6, 8-9.
20. Manu II, 181, 187; Yâgshavalkya
III, 278, 281. The Retasyâs are found Taittiriya Âranyaka I, 30.]
butter or (place) two pieces of fuel
(in the fire) reciting the two (verses called) Retasya.
21. Let him who was asleep when the
sun rose remain standing during the day, continent and fasting, and him who was
asleep when the sun set (remain in the same position) during the night,
reciting the Gâyatrî.
22. He who has looked at an impure
(person), shall look at the sun and restrain his breath (once).
23. Let him who has eaten forbidden
food [or swallowed impure substances], (fast until) his entrails are empty.
24. (In order to attain that), he
must entirely abstain from food at least for three (days and) nights.
25. Or (he becomes pure) after eating
during seven (days and) nights fruits that have become detached spontaneously,
avoiding (all other food).
26. (If, he has eaten forbidden food
mentioned above) before five-toed animals, he must throw it up and eat
clarified butter.
27. For abuse, speaking an untruth,
and doing injury, (he shall practise) austerities for no longer period than
three (days and) nights.
[21. Âpastamba II, 5,12, 22; Manu II,
220.
22. Manu V, 86. 'An impure person,
i.e. a Kândâla and the like. This rule refers to a student (who sees such a
person) while he recites the Veda.'--Haradatta.
23-24. Âpastamba I, 9, 27, 3-4. My
copies omit amedhyaprâsane vâ, or has swallowed impure substances, and the
words are not required, as another penance has been prescribed for the case
above, Sltra 3. But see also Sâmavidhâna I, 5, 13.
26. Manu XI, 161. The Sltras referred
to are XVII, 9-26.
27. Âpastamba I, 9, 26, 3. My copies
read trirâtraparamam instead of trirâtram paramam. This reading, which seems
preferable, is also confirmed by the commentary, where the words are explained,
trirâtraparatayâ parena trirâtram.]
28. If (the abuse) was merited, (he
shall offer) burnt-oblations, reciting (the Mantras) addressed to Varuna and
(the hymns) revealed by Manu.
29. Some (declare, that) an untruth
(spoken) at the time of marriage, during dalliance, in jest or while (one
suffers severe) pain is venial.
30. But (that is) certainly not (the
case) when (the untruth) concerns a Guru.
31. For if he lies in his heart only
to a Guru regarding small matters even, he destroys (himself), seven
descendants, and seven ancestors.
32. For intercourse with a female (of
one) of the lowest castes, he shall perform a Krikkhra penance during one year.
33. (For committing the same sin)
undesignedly, (he shall perform the same penance) during twelve (days and)
nights.
34. For connection with a woman
during her courses, (he shall perform the same penance) for three (days and)
nights.
[28. According to Haradatta the texts
addressed to Varuna are yatkim kedam, Taitt. Samh. III, 4, 11, 6; imam me
varuna, tattvâ yâmi, Taitt. Samh. II, i, 11, 6; and ava te helo, Taitt. Samh.
I, 5, 11, 3. The hymns seen by Manu are Rig-veda VIII, 27-31.
29. Manu VII, 112.
32. Âpastamba I, 10, 28, 10-11.
Regarding the Krikhhra penance, see below, chapter XXVI.
34. Manu XI, 174; Yâgshavalkya III,
288.]
Gautama Chapter XXIV.
1. A secret penance (must be
performed) by him whose sin is not publicly known.
[XXIV. 1. Manu XI, 248; Yâgshavalkya
III, 301.]
2. He who desires to accept or has
accepted (a gift) which ought not to be accepted, shall recite the four
Rik-verses (IX, 58, 1-4), (beginning) Tarat sa mandî, (standing) in water.
3. He who desires to eat forbidden
food, shall scatter earth (on it).
4. Some (declare, that) he who has
connection with a woman during her courses becomes pure by bathing.
5. Some (declare, that this rule
holds good) in the case of (one's own) wives (only).
6. The (secret) penance for killing a
learned Brâhmana (is as follows):, Living during ten days on milk (alone) or
(on food fit for offerings), during a second (period of ten days) on clarified
butter, and during a third (period of ten days) on water, par-
[2. Manu XI, 254. 'He who has
accepted or desires to accept, i.e. because no other course is possible, (a
present) offered by a man that is blamable on account of the caste of the giver
or on account of his deeds, or (a present) that in itself is blamable, e.g. the
skin of a black-buck and the like . . . in water, i.e. according to some,
standing in water that reaches to his navel according to others, entirely
immersed in water.'--Haradatta.
3. Manu loc. cit. 'Forbidden food has
been described above, XVII, 8, 9. If, being unable to act otherwise, he desires
to eat that, he shall throw earth, i.e. a piece of earth, (into it) and then
eat it.'--Haradatta.
4. Haradatta adds that he shall
bathe, dressed in his garments.
5. Haradatta adds that another
commentator reads ekestrîshu, i.e. eke astrîshu, and explains the Sltra to
mean, 'Some (declare the above rule to refer also) to a bestial crime.'
6. Yâgshavalkya III, 303. According
to Haradatta the complete Mantras are as rollows: Lomânyâtmano mukhe
mrityorâsye guhomi svâhâ, nakhânyâ. m. m. â. guhomi svâhâ, &c. This secret
penance is apparently a milder form of that prescribed Âpastamba I, 9, 25, 12.]
taking of (such food) once only each
day, in the morning, and keeping his garments constantly wet, he shall (daily)
offer (eight) oblations, (representing) the hair, the nails, the skin, the
flesh, the blood, the sinews, the bones, (and) the marrow. The end of each
(Mantra) shall be, 'I offer in the mouth of the Atman (the Self), in the jaws
of Death.'
7. Now another (penance for the
murder of a Brâhmana will be described):
8. The rule (as to eating and so
forth), which has been declared (above, Sâtra 6, must be observed),
9. (And) he shall offer clarified
butter, reciting (the sacred text Rig-veda 1, 18q, 2), 'O fire, do thou ferry
over,' the Mahâvyâhiritis, and the Klshmândas;
10. Or, for the murder of a Brâhmana,
for drinking spirituous liquor, for stealing (gold), and for the violation of a
Guru's bed, he may perform that (same vow), tire himself by repeatedly stopping
his breath, and recite (the hymn seen by) Aghamarshana. That is equal (in
efficacy) to the final bath at a horse-sacrifice;
11. Or, repeating the Gâyatrî a
thousand times, he, forsooth, purifies himself;
12. Or, thrice repeating (the hymn
of) Aghamarshana while immersed in water, he is freed from all sins.
[9. The Mahâvyâhritis are, bhlh,
bhuvah, svah. Regarding the Klshmândas, see above, XIX, 12.
10. Manu XI, 260-261; Yâgshavalkya
III, 302. The vow intended is that prescribed above, Sltras 6, 8.
11. Âpastamba I, 9, 26, 14-I, 9, 27,
1. Haradatta remarks that the performer of the penance shall live on milk and
stop his breath, repeatedly stopping his breath.]
Gautama Chapter XXV.
1. Now they say: 'How many (gods)
does a student enter who violates the vow of chastity?'
2. (And they answer): 'His vital
spirits (go to) the Maruts (winds), his strength to Indra, his eminence in
sacred learning to Brihaspati, all the remaining parts to Agni.'
3. He kindles the fire in the night
of the new moon, and.offers, by way of penance, two oblations of clarified
butter,
4. (Reciting these two sacred texts),
'Defiled by lust am I, defiled am I, oh Lust; to Lust svâhâ;' 'Injured by lust
am I, injured am I, oh Lust; to Lust svâhâ.' (Next) he (silently) places one
piece of sacred fuel (on the fire), sprinkles water round the fire, offers the
Yagshavâstu (oblation), and approaching (the fire) worships it, thrice
(reciting the text), 'May the waters sprinkle me.'
5. These worlds are three; in order
to conquer
[XXV. 1. For this and the following
five Sltras, see Taittirîya Âranyaka II, 18, 1 seq.
2. 'All the remaining parts, i.e. his
sight and the other organs of sense, go to Agni. Thus a student who has broken
the vow of chastity becomes short-lived, weak, destitute of eminence in sacred
learning, and destitute of sight, and so forth. Therefore a penance must be
performed.'--Haradatta. It must, of course, be understood that the penance
prescribed here, is a 'secret penance.'
3. 'He, i.e. the unchaste student,
shall kindle the fire in the night of the new moon, i.e. at midnight, in the
manner declared in the Grihya-sltra.'--Haradatta.
4. Haradatta says that while
sprinkling water the performer shall recite the texts 'Aditi, thou hast
permitted,'see Âpastamba II, 2, 3, 17 note. The Yagshavistu oblation, which
follows after the Svishtakrit offering, is described Gobhila Grihya-sltra I, 8,
26-29.]
these worlds, in order to gain
mastership over these worlds, (this rite must be performed.)
6. According to some, the above
(described) rite is a penance (for all hidden offences) in general, (and they
say) regarding it, 'He who may be impure, as it were, shall offer
burnt-oblations in this manner, and shall recite sacred texts in this manner;
the fee (of the officiating priest shall be) whatever he may choose.'
7. He who has been guilty of
cheating, of calumniating, of acting contrary to the rule of conduct, of eating
or drinking things forbidden, of connection with a woman of the Sldra caste, of
an unnatural crime, and even of performing magic rites with intent (to harm his
enemies), shall bathe and sprinkle himself with water, reciting the texts
addressed to the Waters, or those addressed to Varuna, or other purificatory
texts.
8. For offences committed by speaking
or thinking of forbidden things, the five Vyâhritis (must be recited).
9. Or for all (offences) he may sip
water, (reciting) in the morning (the text), 'May the day and the sun purify
me;' and in the evening, 'The night and Varuna.'
10. Or he may offer eight pieces of
sacred fuel,
[7. Âpastamba I, 9, 26, 7. The verses
addressed to the Waters are, Rv. X, 9, 1-3 = Taitt. Samh. IV, 1, 5, 1, and
Taitt. Samh. V, 6, 1. Regarding those addressed to Varuna, see above, XXIII, 28.
As an instance of 'other purificatory texts' Haradatta quotes
Taittidya-brâhmana I, 4, 81, 1.
8. Regarding the five Vyâhritis, see
above, I, 51.
10. Haradatta gives the following
four Mantras: Devakritasyainasovayaganam asi svâhâ, 'thou art the expiation for
sin committed by the gods,' svâhâ pitrikritasyainaso . . . svâhâ,
manushyakritasyainaso . . . svâhâ, asmatkritasyainaso . . . svâhâ. But see
Vâgasaneyi-samhitâ VIII, 13, where eight Mantras are given, and below, XXVII,
7.]
(reciting the texts beginning)
'Devakritasya.' By merely offering them he becomes free from all sin.
Gautama Chapter XXVI.
1. Now, therefore, we will describe
three Krikkhras (or difficult penances).
2. (During three days) he shall eat
at the morningmeal food fit for offerings, and fast in the evening.
3. Next, he shall eat (food fit for
offerings), during. another period of three days, in the evening (only).
4. Next, during another period of
three days, he shall not ask anybody (for food).
5. Next, he shall fast during another
period of three days.
6. He who desires (to be purified)
quickly, shall stand during the day, and sit during the night.
[XXVI. 1. Sâmavidhâna I, 2, 1; Âpastamba
I, 9, 27, 7. Haradatta states that atah, 'therefore,' means 'because the
Krikkhras cannot be performed if they have not been described,' while Sâyana,
on the Sâmavidhâna, asserts that it means 'because unpurified persons who are
unable to offer sacrifices cannot gain heavenly bliss without performing
austerities such as Krikkhras.' It is a remarkable fact that Haradatta does not
seem to have been aware that the twenty-sixth chapter of Gautama is taken
bodily from the Sâmavidhâna.
2. Sâmavidhâna I, 2, 2. 'Food fit for
offerings, i.e. such as is not mixed with salt or pungent condiments.'
3-5. Sâmavidhâna, I, 2, 3.
6. Sâmavidhâna I, 2- 4.]
7. He shall speak the truth.
8. He shall not corverse with anybody
but Âryans.
9. He shall daily sing the two (Sâmans
called) Raurava and Yaudhâgaya.
10. He shall bathe in the morning, at
noon, and in the evening reciting, the three (verses which begin) 'For ye
waters are,' and he shall dry himself reciting the eight purificatory (verses
which begin) 'The golden-coloured.'
11. Next (he shall offer) libations
of water.
12. Adoration to him who creates
self-consciousness, who creates matter, who gives gifts, who destroys (sin),
who performs penance, to Punarvasti, adoration.
Adoration to him who is worthy of
(offerings)
[7-11. Sâmavidhâna I, 2, 5. Âryans,
i.e. Brâhmanas, Kshatriyas, and Vaisyas. Regarding the Sâmans and Mantras, see
notes to Burnell's edition of the Sâmavidhâna, and above, XXV, 7. Haradatta
remarks that in the Taitt. Samh. (V, 6, 1) the Mantras beginning ' The
golden-coloured' are ten in number, and adds that 'if in some other Sâkâ eight
are found, those must be taken.'
12. Sâmavidhâna I, 2, 5, where,
however, only four Mantras are given instead of our thirteen. The epithets
given to the deity in the Sâmavidhâna can all be referred to the Sun, provided
he is identified with the universal soul, while in the above Sltra, Rudra and
Indra have been introduced. It cannot be doubtful that the Sâmavidhâna gives an
older and more authentic form of the prayer. My translation of the epithets,
which are found in the Sâmavidhâna also, follows Sâyana's gloss. Haradatta does
not explain them. About Sobhya in the twelfth Mantra, which possibly might
mean, 'he who dwells in a mirage, i.e. the Samsâra,' I feel doubtful. My MSS.
read somya, and the Sâmavidhâna has saumya in the second Mantra. But I am
unwilling to alter the word, as Professor Stenzler's reading may have been
derived from a South-Indian MS., where bhya and mya do not resemble each other
so, much as in the Devanâgarî characters.]
consisting of Mushga arass, who is
worth), of (offerings of) water, who conquers wealth, to him who conquers the
universe, adoration.
Adoration to him who gives success,
who gives full success, who gives great success, to him who carries (all
undertakings) to a successful issue, adoration.
Adoration to Rudra, the lord of
cattle, the great god, the triocular, solitary, supreme lord Hari, to dread
Sarva, to Îsâna who carries the thunderbolt, to the fierce wearer of matted
locks, adoration.
Adoration to the Sun, to Aditi's
offspring, adoration.
Adoration to him. whose neck is blue,
to him whose throat is dark-blue, adoration.
Adoration to the black one, to the
brown one, adoration.
Adoration to Indra, the first-born,
the best, the ancient, to chaste Harikesa, adoration.
Adoration to the truthful purifier,
to fire-coloured Kâma, who changes his form at pleasure, adoration.
Adoration to the brilliant one, to
him whose form is brilliant, adoration.
Adoration to the fierce one, to him
whose form is fierce, adoration.
Adoration to Sobhya, the beautiful,
the great male, the middle male, the highest male, to the student of the Veda,
adoration.
Adoration to him who wears the moon
on his forehead, to him whose garment is a skin, adoration.
13. The worship of Aditya (the sun)
must be performed with the same (texts).
[13-17. Sâmavidhâna I, 2, 5.]
14. Offerings of clarified butter
(must be made with the help of) the same (texts).
15. At the end of the period of
twelve days he shall boil rice and. make offerings to the following deities,
16. (Viz.) to Agni svâhâ, to Soma
svâhâ, to Agni and Soma (conjointly), to Indra and Agni (conjointly), to Indra,
to all the gods, to Brahman, to Pragâpati, (and) to Agni Svishtakrit.
17. Afterwards (he must feed)
Brâhmanas.
18. By the above (rules) the
Atikrikkhra (or exceedingly difficult) penance has been explained.
19. (But when he performs that), he
shall eat (only) as much as he can take at one (mouthful).
20. The third (Krikkhra) is that
where water is the (only) food, and it is called Krikkhrâtikrikkhra (or the
most difficult penance).
21. He who has performed the first of
these (three) becomes pure, sanctified, and worthy (to follow) the occupations
(of his caste).
22. He who has performed the second
is freed from all sins which he commits, excepting mortal sins (mahâpâtaka).
23. He who has performed the third,
removes all guilt.
24. Now he who performs these three
Krikkhras becomes perfect in all the Vedas, and known to all the gods;
25. Likewise he who knows this.
[18. Sâmavidhâna I, 2, 6.
19. Sâmavidhâna I, 2, 7; Manu XI,
214; Yâgshavalkya III, 320.
20. Sâmavidhâna I, 2, 8; Yâgshavalkya
III, 321.
21-23. Sâmavidhâna I, 2, 9.
24-25. Sâmavidhâna I, 2, 10. Sarveshu
vedeshu snatah, 'perfect in all the Vedas,' means, literally, equal to a
student who has bathed after completing the study of all the four Vedas.]
Gautama Chapter XXVII.
1. Now, therefore, the Kândrâyana.
(or lunar penance will be described).
2. The (general) rules prescribed for
a Krikkhra (are applicable) to that.
3. (The hair must be) shaved, in case
it (is performed as) a penance.
4. He shall fast on the day preceding
the full moon.
5. And (he shall offer) libations (of
water), oblations of clarified butter, consecrate the sacrificial viands, and
worship the moon, reciting these (rikas), 'Increase' (Rig-veda I, 91, 17), 'May
milk be joined with thee' (Rig-veda I, 91, 18, and) 'Ever new' (Rig-veda X, 85,
19).
6. He shall offer (clarified butter),
reciting the four (rikas beginning) 'Yad devâ devahedanam,'
7. And at the end (of the offering of
clarified
[XXVII. 2. The rules meant
particularly are those given XXVI, 6-11.
3. 'He calls penance
vrata.'--Haradatta.
5. The four religious acts, the first
of which is the offering of libations, are to be performed with the help of the
three sacred texts, the first of which begins "Increase." As the
number (of the acts and of the verses) does not agree, the fire-oblations and
the libations of water must be performed severally, each with one text, and the
consecration (of the offerings) and the worship (of the moon must be performed
with all of them) together.'--Haradatta.
6. 'He shall offer--as nothing is
specified--clarified butter, with the first four rikas of the Anuvâka 'Yad devâ
devahedanam.' Counting the three mentioned above (Sltra 5), altogether seven
oblations of clarified butter must be made.'--Haradatta.
7. 'On completion of the oblations of
clarified butter, he shall offer pieces of sacred fuel, reciting the eight
sacred texts, which begin "Devakritasya," and have been mentioned
above (XXV, 10). The word "completion" (anta) is merely a
confirmation of something established, because (the place of the offering) is already
fixed by the place of the rule. But others explain the word "ante" to
mean "at the end of the Kândrâyana." The word "and" does
not agree with. their (opinion).'--Haradatta.]
butter he shall offer) pieces of
sacred fuel, reciting (the texts beginning) 'Devakritasya.'
8. Each mouthful of food must be
consecrated by the mental recitations (of one) of the following (words): Om,
bhlh, bhuvah, svah, austerity, truth, fame, prosperity, vigour, refreshment,
strength, lustre, soul, law, Siva.
9. Or (he may consecrate) all (of
them at once, saying), Adoration svâhâ.
10. The size of a mouthful (shall be
such) as not to cause a distortion of the mouth (in swallowing it).
11. The sacrificial viands are,
boiled rice, food obtained by begging, ground barley, grain separated from the
husk, barley-gruel, vegetables, milk, sour
[8. Haradatta observes that on the
days when the performer eats less than fifteen mouthfuls, the later mentioned
texts must be left out, and that, while eating, the performer must employ the
Prânâhuti Mantras (Âpastamba II, 1, 1, 2 note). He concludes by giving the
following prayoga for the performance of the ceremony: He places all the food
in his dish, and consecrates it by the texts "Increase," &c. Next
he divides it into mouthfuls, and consecrates each successively with the word
Om and the rest, and eats them, reciting the texts for the Prânâhutis.'
9. Haradatta states that either of
the two words may be used in consecrating all the mouthfuls, but that others
think, both should be used.
10. Yâgshavalkya III, 324.
11. The term 'sacrificial viands'
denotes here, according to Haradatta, the food eaten by the performer, which,
like that eaten by the performer of a Krihkhra, must be havishya, 'fit for an
offering,' see above, XXVI, 2. Haradatta adds that, as a Grihastha must not
beg, the food obtained by begging must have been collected by his pupils, and
that liquid food must be used for the expiation of the more serious offences.]
milk, clarified butter, roots,
fruits, and water; (among these) each succeeding one is preferable (to those
enumerated earlier).
12. He shall eat on the day of the
full moon fifteen mouthfuls, and during the dark half (of the month) daily
diminish his portion by one (mouthful).
13. He shall fast on the day of the
new moon, and during the bright half (of the month) daily increase (his
portion) by one (mouthful).
14. According to some (the order
shall be) inverted.
15. That (is called) a month,
occupied by the Kândrâyana penance.
16. He who has completed that,
becomes free from sin and free from crime, and destroys all guilt.
17. He who has completed a second
(month, living according to that rule), sanctifies himself, ten ancestors, and
ten descendants, as well as (any) company (to which he may be invited);
18. And he who has lived for a year
(according to that rule), dwells (after death) in the world of the moon.
[12. Manu XI, 2,7-218; Yâgshavalkya
III, 324-325.
14. I.e. the performer may begin with
the fast on the day of the new moon.
18. Manu XI, 221; Yâgshavalkya III,
327.]
Gautama Chapter XXVIII.
1. After the father's death let the
sons divide his estate,
[XXVIII. 1. Colebrooke, Yâgshavalkya
II, 4; Mitâksharâ I, 2, 7; V, Digest 20; Maylkha IV, 4, 3. Haradatta remarks
that, according to Gautama, the sons alone shall divide the estate, and that
the mother is not to receive a share, as other teachers, e.g. Yâgshavalkya II,
123, prescribe. Âpastamba II, 6, 13, 2 Manu IX, 104; Yâgshavalkya II, 117.]
2. Or, during his lifetime, when the
mother is past child-bearing, if he desires it,
3. Or the whole (estate may go) to
the first-born; (and) he shall support (the rest) as a father.
4. But in partition there is an increase
of spiritual merit.
5. (The additional share) of the
eldest (son consists of) a twentieth part (of the estate), a male and a female
(of animals with one row of front teeth, such as cows), a carriage yoked with
animals that have two rows of front teeth, (and) a bull.
6. (The additional share) of the
middlemost (consists of) the one-eyed, old, hornless, and tailless animals, if
there are several.
[2. Colebrooke and Maylkha loc. cit.
Or the sons may divide the estate even during the lifetime of the father; when
be desires it, i.e. by his permission. The time for such a (division is) when
the mother is past child-bearing.'--Haradatta. The correctness of this
interpretation of our Sltra is corroborated by the exclusion of sons who have
divided the family estate against the father's will (XV, 19) from the Srâddha
dinner. Âpastamba II, 6, 14, 1.
3. Colebrooke, Dâyabhâga III, 1, 15;
Manu IX, 105.
4. Colebrooke, Dâyabhâga III, 1, 14;
V, Digest 47. After division each brother has to perform the Vaisvadeva and the
other domestic ceremonies separately, while in a united family they are
performed by the eldest brother. Thus a division of the family estate causes an
increase of spiritual merit; see also Manu XI, III.
5. Colebrooke, Dâyabhâga II, 37; V,
Digest 47; Manu IX, 112.
6. Colebrooke II. cit. 'And that
(additional share is given), if of the one-eyed and the rest there are several,
i.e. if the others also get (some).']
7. (The additional share) of the
youngest (consists of) the sheep, grain, the iron (utensils), a house, a cart
yoked (with oxen), and one of each kind of (other) animals.
8. All the remaining (property shall
be divided) equally.
9. Or let the eldest have two shares,
10. And the rest one each.
11. Or let them each take one kind of
property, (selecting), according to seniority, what they desire,
12. Ten head of cattle.
13. (But) no (one brother shall) take
(ten) one-hoofed beasts or (ten) slaves.
14. (If a man has several wives) the
additional
[7. Colebrooke II. cit. 'Avih (a
sheep), i.e. an animal having a fleece. The singular number (is used to denote)
the species, (and the explanation is), "As many sheep as there are."
For (the possession of) one would follow already from the phrase, "And one
of each kind of animals." Another (commentator says), "Though the
father may possess one sheep only, still it belongs to the youngest, and the
phrase 'one of each kind of animals' i efers to the case when there are
many." . . . This (additional share is that) belonging to the youngest.
(If there are wre than three sons) the others obtain the share of the middle
most.'--H aradatta.
8. Colebrooke II. cit.
9. Colebrooke, Dâyabhâga II, 3 7; V,
Digest 51. My best copy P. leaves out this Sltra and the next. The others read
dvyamsi vâ plrvagah (not plrvagasya, as Professor Stenzler reads), and explain
the former word as follows, 'dvâvamsau dvyamsam tadasyâstîti dvyamsî.' Manu II,
117.
10. Colebrooke II. cit.
11. Colebrooke V, Digest 68.
12. Colebrooke loc. cit. The meaning,
appears to be that no brother is to select more than ten head of cattle.
13. Colebrooke V, Digest 69. But, as
has been declared above (Sltra 11), one of each kind only. In the case of the
v. 1. dvipadânâm, the word pada (step) is used in the sense of the word pâda
(foot).'--Haradatta.
14. Colebrooke V, Digest 58; Manu IX,
123.]
share of the eldest son is one bull
(in case he be born of a later-married wife);
15. (But the eldest son) being born
of the first-married wife (shall have) fifteen cows and one bull;
16. Or (let the eldest son) who is
born of a later-married wife (share the estate) equally with his younger
(brethren born of the first-married wife).
17. Or let the special shares (be
adjusted) in each class (of sons) according to their mothers.
18. A father who has no (male) issue may
appoint his daughter (to raise up a son for him), presenting burnt offerings,
to Agni (fire) and to Pragâpati (the lord of creatures), and addressing (the
bridegroom with these words), 'For me be (thy male) offspring.'
19. Some declare, that (a daughter
becomes) an appointed daughter solely by the intention (of the father).
20. Through fear of that (a man)
should not marry a girl who has no brothers.
21. Sapindas (blood relations within
six degrees), Sagotras (relations bearing a common family name), (or) those
connected by descent from the same Rishi
[15. Colebrooke loc. cit.; Manu IX,
124.
16. Colebrooke loc. cit.
17. Colebrooke V, Digest 59. 'After
having divided the estate into as many portions as there are wives who possess
sons, and having united as many shares as there are sons (of each mother), let
the eldest in each class (of uterine brothers) receive the additional share of
one-twentieth and so forth.'--Haradatta.
18-19. Colebrooke V, Digest 225; Manu
IX, 130-140.
20. Manu III, 11; Yâgshavalkya I, 53.
21. Colebrooke, Dâyabhâga XI, 6, 25;
Mitâksharâ II, 1, 18; V, Digest 440. My copies as well as Gîmltavâhana and
Vigshânesvara read in the text strî vâ, 'or the wife,' instead of stri ka, 'and
the wife.' Still the latter seems to be the reading recognised by Haradatta, as
he says, 'But the wife is joined together (samukkîyate) with all the Sagotras
and the rest. When the Sagotras and the rest inherit, then the wife shall
inherit one share with them,' &c. Âpastamba II, 6, 14, 2; Manu IX, 187; Yâgshavalkya
II, 135-136.]
(vaidika gotra), and the wife shall
share (the estate) of a person deceased without (male) issue (or an appointed
daughter).
22. Or (the widow) may seek to raise
up offspring (to her deceased husband).
23. (A son) begotten on a (widow) whose
husband's brother lives, by another (relative), is excluded from inheritance.
24. A woman's separate property
(goes) to her unmarried daughters, and (on failure of such) to poor (married
daughters).
25. The sister's fee belongs to hcr
uterine brothers, if her mother be dead.
26. Some (declare, that it belongs to
them) even while the mother lives.
27. The heritage of not reunited
(brothers) deceased
[22. Colebrooke, Mitâksharâ II, 1, 8,
where this Sltra has, however, been combined with the preceding. See also
above, XVIII, 4-8; Manu IX, 145-146, 190.
23. Colebrooke V, Digest 341; Manu
IX, 144.
24. Colebrooke, Dâyabhâga IV, 2, 13;
Mitâksharâ I, 3, 11; II, 2, 4; V, Digest 490; Maylkha IV, 8,12. See also Manu
IX, 192; Yâgshavalkya II, 145.
25. Colebrooke, Dâyabhâga IV, 3, 27;
V, Digest 511; Maylkha IV, 10, 32. 'The fee, i.e. the money which at an Âsura,
or an Ârsha wedding, the father has taken for giving the sister away. That goes
after his (the father's) death to the uterine brothers of that sister; and that
(happens) after the mother's death. But if the mother is alive (it goes) to
her.'--Haradatta.
26. Colebrocke V, Digest 511.
27. Colebrooke V, Digest 424. 'The
word "eldest" is used to give an example. (The property) goes to the
brothers, not to the widow, nor to the parents. That is the opinion of the
venerable teacher.'--Haradatta. Yâgshavalkya II. 34.]
(without male issue goes) to the
eldest (brother).
28. If a reanited coparcener dies
(without male issue) his reunited coparcener takes the heritage.
29. A son born after partition takes
exclusively (the wealth) of his father.
30. What a learned (coparcener) has
acquired by his own efforts, he may (at his pleasure) withhold from his
unlearned (coparceners).
31. Unlearned (coparceners) shall
divide (their acquisitions) equally.
32. A legitimate son, a son begotten
on the wife (by a kinsman), an adopted son, a son made, a son born secretly,
and a son abandoned (by his natural parents) inherit the estate (of their
fathers).
The son of an unmarried damsel, the
son of a pregnant bride, the son of a twice-married woman, the son of an
appointed daughter, a son self-given, and a son bought belong to the family (of
their fathers).
34. On failure of a legitimate son or
(of the)
[28. Maylkha IV, 9, 15; Manu IX, 212,
Yâgshavalkya. II, 138.
29. Colebrooke, Dâyabhâga VII, 3;
Manu IX. 216.
30. Colebrooke, Dâyabhâga VI, 1, 17;
V, Digest 355; Maylkha IV. 7, 10; Maylkha, 206; Yâgshavalkya II, 119.
31. Colebrooke V, Digest 137; Manu
IX. 208.
32-33. Colebrooke V, Digest 184
Maylkha IX, 166-178; Yâgshavalkya II, 128-132. My best copy P. inserts another
Sltra between this and the following one, ete tu gotrabhâgah. 'but these
(latter six) belong to the family (only, and do not inherit).'
34. Colebrooke V, Digest 184. The
residue of the estate, goes to the Sapindas. If it is here stated that the son
of an appointed daughter receives, even on failure of a legitimate son, a
fourth part of the estate only, that refers to the son of an appointed daughter
of lower caste, i.e. to a son who is born, when somebody makes the daughter of
a wife of lower caste his appointed claughter, and does that by intent only.'--Haradatta.]
other (five heirs) they receive a
fourth (of the estate).
35. The son of a Brâhmana by a
Kshatriya wife, being the eldest and endowed with good qualities, shares
equally (with a younger brother, born of a Brâhmanî);
36. (But he shall) not (obtain) the
additional share of an eldest son.
37. If there are sons begotten (by a
Brâhmana) on wives of the Kshatriya and Vaisya castes (the division of the
estate between them takes place according to the same rules) as (between) the
(son by a Kshatriya wife) and the son by a Brâhmanî.
38. And (the sons by a Kshatriya wife
and by
[35. Colebrooke V, Digest 158; Manu
IX, 149-153; Yâgshavalkya II, 12 5. If the son of a Brâhmana by a Kshatriya
wife is endowed with good qualities and the eldest, then he shares equally with
a younger son by a Brâhmanî. For the one possesses seniority by age and the
other by caste.'--Haradatta.
36. Colebrooke loc. cit. 'What is
exclusive of the additional share of the eldest, which has been declared above,
Sltra 5, (that) other (part) he shall obtain. The verb must be understood from
the context. Regarding a son by a Kshatriya wife who is the eldest, but
destitute of good qualities, the Mânava Dharma-sâstra declares (IX, 152-153),
"Or (if no deduction be made)," &c.'--Haradatta. The sense in
which the Sltra has been taken above, agrees with the explanation of the
Ratnâkara adduced in the Digest loc. cit., though the reading of the text
followed there seems to be different.
37-38. Colebrooke V, Digest 159. In
the Digest V, 160, an additional Sltra regarding the partition between the sons
of a Vaisva by Vaisya and Sldra wives is quoted, which, however, is not
recognised by Haradatta.]
a Vaisya wife share in the same
manner) if (they have been begotten) by a Kshatriya (father).
39. The son by a Sldra wife even, if
he be obedient like a pupil, receives a provision for maintenance (out of the
estate) of a (Brâhmanna) deceased without (other) male issue.
40. According to some, the son of a
woman of equal caste even does not inherit, if he be living unrighteously.
41. Srotriyas shall divide the estate
of a childless Brâhmana.
42. The king (shall take the property
of men) of other (castes).
43. An idiot and a eunuch must be
supported.
44. The (male) offspring of an idiot
receives (his father's) share.
45. (Sons begotten) on women of
higher castes (hy men of lower castes shall be treated) like sons (begotten by
a Brâhmana) on a Sldra wife.
[39. Colebrooke V, Digest 169;
Maylkha IV, 4. 30. '(The word) of a Brâhmana must be understood (from Sltra
35).'--Haradatta.
40. Colebrooke V. Digest 316;
Âpastamba II, 6, 14, 15.
41. Colebrooke, Mitâksharâ II, 7, 3;
Maylkha IV, 8, 25. 'The expression "of a childless (Brâmana)"
includes by implication (the absence) of Sapindas and other
(heirs).'--Haradatta. Srotriyas, i.e. Brâhmanas learned in the Vedas. See also
Manu IX, 188.
42. Âpastamba II, 6. 14, 5.
43. Colebrooke V, Digest 335; Manu
IX, 201-202; Yâgshavalkya II, 140.
44. Colebrooke loc. cit.: Manu IX.
203; Yâgshavalkya II. 141.
45. Colebroolke V, Digest 171, 335.]
46. Water, (property destined for)
pious uses or sacrifices, and prepared food shall not be divided;
47. Nor (shall a partition be made)
of wornen connectcd (with members of the family).
48. In cases for which no rule has
been given, (that course) must be followed of which at least ten (Brâhmanas),
who are well instructed, skilled in reasoning, and free from covetousness,
approve.
49. They declare, that an assembly
(parishad, shall consist) at least (of the ten following (members, viz.) four
men who have completely studied the four Vedas, three men belonging to the
(three) orders enumerated first, (and) three men who know (three) different
(institutes of) law.
50. But on failure of them the
decision of one Srotriya, who knows the Veda and is properly instructed (in the
duties, shall be followed) in doubtful cases.
51. For such a man is incapable of
(unjustly) injuring or (unjustly) favouring created beings.
52. He who knows the sacred law obtains
heavenly bliss, more than (other) righteous men, on account of his knowledge
of, and his adherence to it.
53. Thus the sacred law (has been
explained).
[46. Manu IX, 219. For a fuller
explanation of the terins, yoga and kshema, (property detined for) pious men
and sacrifices, see Colebrooke, Mitâksharâ I, 4, 23.
47. Colebrooke, Mitâksharâ I, 4, 22;
V, Digest 367; Maylkha IV, 7, 19.
49-51. Âpastamba II, 11, 29, 13-14;
Manu XII, 108-113. Three men belonging to the (three) orders enumerated first,
i.e. a student, a householder, and an ascetic, see above, III, 2.]