The Sacred Laws of the Âryas, Part I: Âpastamba and Gautama — SBE Vol. 2 (trans. Georg Bühler, 1879)
English·1879–1910·trans. Georg Bühler & James Legge·252 passages
The text · part 10 of 13
properly so called, is forbidden, not to ask barbarians &c. about the road and similar matters.
18. Compare the analogous case, mentioned Apastamba I, 3,
9) 13.
1g. Apastamba I, rr, 31, 118.
22, Apastamba I, 11, 31, 16.
23. Apastamba 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 Sftras include by implication the cases where a cow does damage in a field; see Apastamba I, 11, 31, 9.
25. Apastamba Il, 1, 1, 21—II, 1, 2, 8.
26. Apastamba I, 11, 32, 3.
p. 27
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 feces.
27- Apastamba I, 11, 32, 15.
29-30. Manu IV, 40.
32. Apastamba I, 5, 15, 20; I, 11, 32,53 Manu IV, 43; Apastamba I, 11, 31, 21; Manu IV, 443 Apastamba I, 11, 32, 26; I, 11, 32, 25.
33- Apastamba I, Ii, 32, 27.
35- Apastamba 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.
p. 223
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 feces, 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 Pal4sa-wood.
45. With shoes on (his feet), he shall not eat, sit down, salute, or worship (the gods).
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 Pal4sa-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. Apastamba I, 11, 30, 15. 39- Apastamba I, 11, 31, 2.
40. Apastamba I, 11, 30, 16-18. 41. Apastamba I, rz, 31, 1.
43. Apastamba I, 11, 31, 3. 44. Apastamba I, 11, 32, 9.
45. Apastamba I, 4, 14, 22.
46. Colebrooke, Mitékshara 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 Apastamba I, 7, 20, 1-4.
p. 48
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 avoid 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.
so. Apastamba IJ, 2, 5, 19; Manu IV, 175, 177.
51. Apastamba I, 11, 32, 28; II, 8, 20, 16.
g2. Apastamba IJ, 11, 31,13. Haradatta remarks that the word ‘calf’ is used to designate any animal of the bovine species.
56. Manu IV, 63. 57. Apastamba 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 Snataka’s vow, not by that prescribed for eating forbidden food.
p. 225
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) ;
p. 225
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 (Brahmazas), 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 (Brahmamas).
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 Aryans, which is rich in industrious (men), and which is governed by a righteous (ruler).
66. He shall pass excellent (beings and things),
59. Apastamba II, 1, 1, 2; II, 2, 3, 11.
60. Manu IV, 75. 61. Manu IV, 61.
62. Apastamba I, 11, 32, 29; I, 7, 20, 8. Haradatta adds that the plural is used in the above Sftra in order to indicate that many Braéhmasas must be unanimous 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 (Panini I, 4, 97). The meaning that he shall go (as becomes) an independent man.’—Haradatta.
65. Apastamba I, 5, 15, 22; I, 11, 32, 18. Aryans, i.e. Brahmazas, Kshatriyas, and Vaisyas.
66. Manu IV, 39. ‘A cow, a Brahmama, a well-known tree,
[2] Qp. 67 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 Aryan.
70. He shall instruct virtuous (men only).
71. He shall follow the rules of purification taught (in the Sastras).
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 Snataka who conducts himself in this manner will liberate his parents, his ancestors, and descendants from evil, and never fall from Brahman’s heaven.
and the like are called excellent (beings or things). An auspicious (object), i.e. a filled jar and the like.’—Haradatta.
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 SAtra.
68. Manu IV, 138, 175, 236.
40. Manu IV, 80-81.
71. Purification is here again mentioned in order (to indicate that Snaétaka must pay) particular attention to it.
42. Manu IV, 144-149. 73. Manu IV, 2, 238, 246.
44. Manu II, 260.
68. Manu IV, 138, 175, 236.
40. Manu IV, 80-81.
71. Purification is here again mentioned in order (to indicate that Snaétaka must pay) particular attention to it.
42. Manu IV, 144-149. 73. Manu IV, 2, 238, 246.
44. Manu II, 260.
p. 227
CHAPTER X.
fe
1. (The lawful occupations 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 Brahmama.
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. Brahmamas, 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 Aryan, while studying the Veda and sacrificing are specially forbidden to him.
2. Apastamba II, 5, 10, 4.
3. Manu X, 76. ‘The former, i.e. the three beginning with studying (Sftra 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. Apastamba I, 4, 13, 15-18. The expression ‘above-mentioned’ refers to the whole of the rules regarding a pupil’s conduct given above, I, s2—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 bhrztakadhyapana 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 Brahma” s in distress, who avail themselves of the permission given above, VII, 4.
Q2
p. 5
5. Agriculture and trade (are) also (lawful for -a Brdhmaza) 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) Brahmazas,
10. And people unable to work, (even if they are) not Brahmazas,
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) ;
And people unable to work, (even if they are) not Brahmazas,
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 Brahmazas 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 Brahmazas as well as the numerous ancient land grants show that from early times many Brahmazas were holders of land, which, as a rule, was cultivated by Sfdras.
4-8. Apastamba II, 5, 10, 6; Manu VII, 27.
9. Apastamba II, ro, 25, 11; Manu VII, 135.
11. Haradatta takes this Sftra differently. He says: ‘The immunity from taxes which has been granted to Brabmazas and others by former kings he shall maintain in the same manner as formerly.’ But I think that ‘akara’ must be taken as a Bahuvrihi compound, and is used to designate widows, orphans, ascetics, &c.; see Apastamba II, 10, 26, 10-17.
12. Haradatta observes that others explain upakurvdza, ‘temporary students,’ opposed to naish¢hika, ‘permanent students,’ to mean ‘men who benefit the people,’ i.e. physicians and the like.
13. Manu VII, 103-110, 160-200; X, 119.
p. 229
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 Brahmamas.
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 VII, 87-89; X, 119; Yag#avalkya I, 233.
17-18. Apastamba II, g, 10, 11. Persons who declare themselves to be cows or Brahmanas 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.
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.
p. 25
(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. 24. Manu X, 120.
28. Manu VII, 128.
29. Manu VII, 128, 139.
- 30. Haradatta takes this Sftra differently. He says, ‘ Adhika, ‘‘additional,” means the money which is paid on account of (the additional occupations) which have been explained above (Sftra 4 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 Stra 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.
p. 231
support themselves by personal labour have been explained,
33. And (those payable by) owners of ships and carts.
34. He must feed these (persons while they work for him).
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 announce 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 Brahmaza an additional (mode of acquisition) ;
41. Conquest for a Kshatriya ;
42. Gain (by labour) for a Vaisya or Sidra.
43. Treasure-trove is the property of the king,
36-38. Manu VIII, 30-36; Yag#avalkya II, 33, 173; Macnaghten, Mitékshara V, 1, 6.
40. Acceptance is for a Brahmaza an additional (mode of acquisition) ;
41. Conquest for a Kshatriya ;
42. Gain (by labour) for a Vaisya or Sidra.
43. Treasure-trove is the property of the king,
36-38. Manu VIII, 30-36; Yag#avalkya II, 33, 173; Macnaghten, Mitékshara V, 1, 6.
39. Manu X, 115; Mayfkha IV, 1, 2; Colebrooke, Mitakshara I, 1, 8; Ill, 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 treasuretrove.’— Haradatta.
43. Manu VIII, 38; YAgaavalkya II, 34; Macnaghten, MitaksharA V, 1, 10.
7 . 232 GAUTAMA. X, 44.
44. Excepting (such as is found) by a Brahmana who lives according to (the law).
45. Some declare, that a finder of a non-Braéhmanical 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 Sidra (belongs to) the fourth caste, which has one birth (only).
44. Manu VIII, 37; Yagdavalkya II, 34; Macnaghten loc. cit.
46. Manu VIII, 40; YAgéavalkya II, 36; Macnaghten, Mitakshara V, 1, 14.
47. Apastamba II, 10, 26, 8; Macnaghten loc. cit.
48. Manu VIII, 27.
49. Apastamba II, 5, 10, 7.
50. Apastamba I,1,1,6; Manu X, 4. Between this Stra and the next, my MSS. insert an additional one, not found in Professor Stenzler’s edition, SQdrasy4pi nishekapumsavanasimantonnayanagétakarmanamakara # opanishkramam4nnaprasana £aulanyamantrakazi yathakaélam upadish/aniA, ‘for the Sidra also the Nisheka (or impregnation), the Pumsavana (or rite for securing male offspring), the Stmantonnayana (or arranging the parting of a pregnant wife), the Gdtakarman (or ceremony on the birth of the child), the name-giving, the first walk in the open air, the first feeding, and the aula (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 Samskdras given here does not agree with
p. 233
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).
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 Arya 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 that given above, VIII, 14; and thirdly, because, according to the practice of Gautama, this Stra should begin with ‘tasy4pi’ instead of with ‘ Sidrasy4pi,’ and the ‘tasyApi’ in the next would become superfluous. The rule agrees however with Manu X, 63, 127.
51. Manu IX, 335.
53- Manu X, 127-128.
55- ‘Another commentator explains the Sfitra 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. Apastamba, I, 1, 1, 7-8; Manu X, 121-123.
57. Manu X, 124. 58-59. Manu X, 125.
60. Manu X, gg.
p. 65
may use the exclamation namah (adoration) as his Mantra.
65. Some (declare), that he himself may offer the Pakayagaas.
66. And all men must serve those who belong to higher castes.
67. If Aryans and non-Aryans interchange their occupations and conduct (the one taking that of the other, there is) equality (between them).
CHAPTER XI.
1. The king is master of all, with the exception of Brahmazas.
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 com-
65. Manu X, 127. Regarding the Pakayagfias, see above, VIII, 18.
67. ‘There is equality between them, i.e. the one need not serve the other. A Sfidra need not serve even a Brahmaza, (much less) any other (twice-born man) who lives the life of a non-Aryan (SQdra). A Sfdra, even, who conducts himSelf like an Aryan must not be despised by men of other castes, who follow the . occupations of non-Aryans, on account of his inferior birth.’— Haradatta.
XI. 1. Macnaghten, Mitakshara 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 Sastras; ‘holy in speech,’ i.e. when administering justice he shall not speak partially.
3. Manu VII, 43; Yag#avalkya I, 310. Haradatta thinks that the term ‘the threefold sacred science includes the fourth Veda also, because it consists chiefly of Rzkas and Yagus formulas.’
4. Manu VII, 30-31 ; Yaghavalkya I, 354; Apastamba II, 11, 24, 18. ‘Of subdued senses, i.e. free from the (seven) vices
Haradatta thinks that the term ‘the threefold sacred science includes the fourth Veda also, because it consists chiefly of Rzkas and Yagus formulas.’
4. Manu VII, 30-31 ; Yaghavalkya I, 354; Apastamba II, 11, 24, 18. ‘Of subdued senses, i.e. free from the (seven) vices
p. 235
panions 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 Brahmazas, shall worship him who is seated on a higher seat, (while they themselves sit on a) lower (one).
8. The (Brahmazas), 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 Brahmaza 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.
(common among kings), i.e. sensuality, gambling, hunting, drinking, &c.—Haradatta. The means (upaya) are those mentioned by Yagfavalkya I, 345-346.
5. Manu VII, 80; Yag#avalkya 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, Brahmamas, as a rule, must also sit on the floor.
8. ‘Honour him,’ i.e. worship him by invoking blessings on him and the like.
g. Manu VII, 35. 10. YAg#avalkya I, 360.
11. Manu VIII, 304; Yag#avalkya I, 334.
12. Manu VII, 78; Yag#avalkya I, 312. Haradatta explains vAaksampanna, ‘eloquent,’ by ‘one who knows Sanskrit.’ According to the same, ‘the (suitable) age’ is the prime of life, when men
p. 13
13. With his assistance he shall fulfil his religious duties,
14. For it is declared (in the Veda) : ‘ Kshatriyas, who are assisted by Brahmazas, 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 (s4nti), 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).
are neither too young nor too old. ‘Austere’ is interpreted to mean ‘not given to sensual enjoyments.’
13. Manu VII, 78. 14. Satapatha-brahmaaa IV, 1, 4, 4-6.
18. Officiating priests (shall perform) the other (sacrifices) according to the precepts (of the Veda).
are neither too young nor too old. ‘Austere’ is interpreted to mean ‘not given to sensual enjoyments.’
13. Manu VII, 78. 14. Satapatha-brahmaaa IV, 1, 4, 4-6.
17. Apastamba II, 10, 25, 4, 7. Santis, ‘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; YAgéavalkya 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 Samsk4ras are included under the rites of festive days, mentioned in the preceding Sftra.
p. 237
19. His administration of justice (shall be regulated by) the Veda, the Institutes of the Sacred Law, the Angas, and the Purdma.
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 (Bréhmazas) 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 upavedaA and dharmas4strdzi, ‘ the institutes of Jaw,’ are probably interpolations. For the latter are already i included by the term Anga, as part of the Kalpa.
20. Apastamba Il, 6, 15, 1; Manu VII, 203; VIII, 41, 46; Yagiiavalkya 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.
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, Mitakshara II, 8, 8. Haradatta remarks, that this Sfitra refers to the case _ where the spokesmen of a guild may be suspected of partiality.
25. Manu XII, 108-113. According to Haradatta this Stra refers to particularly difficult cases.
p. 26
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: ‘Brahmazas, united with Kshatriyas, uphold gods, manes, and men.’
28. They declare, that (the word) dazda (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.
CuarTer XII.
1. A Sidra 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.
26, Apastamba Il, 5, 11, 4- 29. Apastamba II, 5, 11, 10.
30. Apastamba II, 5,11, 11. ‘Perish, i.e. fall from one misfortune into the other.’—Haradatta.
31. Apastamba II, 5, ro, 12-16. 32. Manu VII, 8.
XII. 1. Apastamba II, 10, 27, 14; Manu VIII, 270, 279-283;
p. 239
2. If he has criminal intercourse with an Aryan 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.
8. A Kshatriya (shall be fined) one hundred (Karshapazas) if he abuses a Brahmaza,
9. In case of an assault, twice as much.
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.
8. A Kshatriya (shall be fined) one hundred (Karshapazas) if he abuses a Brahmaza,
9. In case of an assault, twice as much.
YAgfavalkya 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 ‘ parushya’ presupposes criminal intent.
2. Apastamba II, 10, 26, 20; Mayfikha XIX, 7, where, however, arya has been altered to a4#4rya. Haradatta adds that the two punishments are cumulative in the case of a Brahmaai only. If the offence is committed with a Kshatriy4, the offender is liable to the first only ; if he sins with a Vaisya, to the second.
3. Apastamba II, 10, 27, 9; Manu VIII, 359; Yag#avalkya II, 286.
a. Apastamba JI, 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; Yag#avalkya III, 204-207. Manu VIII, 136 states one Karshapaa or copper Pana contains 80 Raktikas, which would correspond to 97-60 grammes of the metrical system.
240 GAUTAMA. XII, ro.
10, A Vaisya (who abuses a Brahmaza, shall pay) one and a half (times as much as a Kshatriya).
11. But a Brahmaza (who abuses) a Kshatriya (shall pay) fifty (K4rshApazas),
12. One half of that (amount if he abuses) a Vaisya,
13. (And if he abuses) a Sidra, nothing.
14. A Kshatriya and a Vaisya (who abuse one another shall pay the same fines) as a Brahmaza and a Kshatriya.
15. (The value of) property which a Sadra 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 vegetables are appropriated in small amounts, (the fine is) five Krishaalas (of copper).
1o, Manu VIII, 267. 11. Manu VIII, 268.
12. Manu VIII, 268.
13. Manu VIII, 268, WHaradatta adds that, as a Brahmaaza is declared to pay nothing for abusing a S(dra, a Kshatriya and a Vaisya are liable to be fined for that offence, and that according to Usanas a Kshatriya shall pay twenty-four Pazas, and a Vaisya thirty-six.
14. I.e. a Vaisya shall pay one hundred Pamas 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 Briéhmaza sixty-four times.
17. Manu VIII, 338.
18, Manu VIII, 330. Krzshvala is another name for Raktika,
p. 241
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.
17. Manu VIII, 338.
18, Manu VIII, 330. Krzshvala is another name for Raktika,
p. 241
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 MAashas (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 Mashas a month for twenty (K4rshapazeas).
used also by Yag#avalkya I, 362. It equals 0-122 grammes of the metrical system, Prinsep, Useful Tables, p. 97.
20-21. Manu VIII, 240; Yagéavalkya II, 162.
22-26. Manu VIII, 241; Yag#avalkya II, 159-161 ; Colebrooke III, Digest IV, 40. Haradatta, relying on Usanas everywhere, reckons twenty Mashas to the Karshapama.
27. Apastamba II, 11, 27, 18.
28. Apastamba I, 10, 28, 3; Colebrooke III, Digest IV, 22.
29. Manu VIII, 140; YAg#avalkya II, 37; Colebrooke I, Digest 25. Haradatta states that a Karshapaza contains twenty
[2] R
p. 30
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.
Mashas. Thus the monthly interest for 400 M4shas being five MAshas, the rate is 1} per cent for the month, or 15 per cent per annum.
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.
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 Sfitra, 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 rate), e.g. of ten per cent per mensem, that is called stipulated interest. Corporal interest is that which is payable by bodily labour. Thus Brzhaspati says, ‘Corporal interest is that connected with work.” But Vyasa explains it thus, “Corporal interest is that which arises from the work (or use) of a (pledged female quadruped) to be
p. 243
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.
milked, or of (a male) to carry burdens.” Ké4tyéyana 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. Colebrooke I, Digest 62. Haradatta mentions also another explanation of the Sitra: ‘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; Yagéavalkya 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 Sfitra must refer to their occupying an empty house which has an owner.
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 Sfitra must refer to their occupying an empty house which has an owner.
39. Manu VIII, 149; Yag#avalkya II, 25. The translation given above agrees with an explanation of the Sfitra 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 period they become the
R 2
244 GAUTAMA. XII, 4o.
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.
property of the possessor. For how (would it be possible that) a person, who himself wants buttermilk and the like, should allow a cow which he himself has bought, and which gives daily a Droza of milk, to be milked in the house of another person?’ &c. &c.
40. Manu VIII, 162; Yagéavalkya II, 51.
41. Manu VIII, 159-160; YAg#avalkya II, 47, 54; Colebrooke I, Digest 202. Taking into account the parallel passages of Manu and Y4g@avalkya, 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 that 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; Yag#avalkya 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.
p. 245
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.
as of his own property, neither he nor his heirs need make good the value of those which were lost or destroyed.
p. 245
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 Brahmamza.
47. Preventing (a repetition of) the deed, publicly proclaiming his crime, banishment, and branding (are the punishments to which a Brahmaza 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) bya 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- Apastamba I, 9, 25, 5.
46. Manu VIII, 124 ie Macnaghten, Mitaksharé III, #9 9.
47. Manu IX, 239, 241; Apastamba 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. Apastamba II, 11, 28, 13.
49-50. Manu IX, 278; Yagéavalkya II, 276.
51. Manu VII, 16; VIII, 126; Yag#avalkya I, 367.
p. 1
Cuarter 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) Sddras even.
4. But a Brahmavza must not be forced (to give evidence) at the word of a non-Braéhmama, 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. 1. Manu VII, 45; Yagfavalkya II, 22.
2. Apastamba II, 11, 29, 7. ‘Many means at least three.’— Haradatta.
3. Manu VIII, 63. I.e. Sfdras endowed with the qualities mentioned above.
4. Manu VIII, 65. ‘A Brahmavza means here a Srotriya. Ifa man other than a Brahmaaa says: “This Brahmama 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.
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, Mitékshara VI, 1,21. In the Mitakshara the Sftra is read ndsamavetéh prishfA prabrfyud, ‘witnesses need not answer if they are examined singly.’ Mitramista in the Vframitrodaya says that Haradatta’s reading of the text is the same, and that his explanation does not agree with it.
6. Manu VIII, 107; Yag#avalkya II, 76-77.
1. Apastamba II, 11, 29, g-10.
p. 247
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 Brahmavas that (oath shall be sworn) in the presence of the gods, of the king, and of Brahmamas.
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; Y4g#avalkya II, 72.
to. ‘ 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. Apastamba 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.
p. 16
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,
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 Brahmaza learned in the SAstras (shall examine the witnesses).
27. (The litigant) shall humbly go to seek the judge.
23. Manu VIII, 119-123; YAgfavalkya II, 81. ‘ Yapyak (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, ro4-105; YAgdavalkya II, 83.
26. Manu VIII, 8-9, 79; YAgéavalkya II, 1, 3, 73.
27. Manu VIII, 43. The meaning of the Sfitra is that the
p. 249
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, draughtoxen, 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.
CuarpTer XIV.
1. The Sapizdas become impure by the death (of a relative) during ten (days and) nights, except those who officiate as priests, who have performed the Dikshaziyesh¢i (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 Sddra 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).
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. See also Narada I, 38, 41.
29. Yagf#avalkya II, 12. Haradatta explains praganana, ‘the procreation (of offspring), to mean ‘ marriage.’
XIV. 1. Manu V, 59, 83, 93; Yag#avalkya III, 18, 28; see also Apastamba I, 5, 16, 18. Regarding the meaning of the term Sapinda, see below, Sfitra 13. This Sftra refers, of course, to Bréhmaaas only.
2-3. Manu V, 83; Y4g@avalkya III, 22.
5 Manu and Ygfavalkya 1. 1. cit. 6. Manu V, 79.
p. 7
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).
2-3. Manu V, 83; Y4g@avalkya III, 22.
5 Manu and Ygfavalkya 1. 1. cit. 6. Manu V, 79.
p. 7
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 Brahmazas (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. Sapizda-relationship ceases with the fifth or the seventh (ancestor).
14. (The rules regarding impurity caused by the
9. Y4gfavalkya III, 27. The S@tra may, however, also be translated ‘the relatives of those who have been killed by a cow, or by a Brahmama, &c.,’ as the latter case, too, is mentioned by YAagfavalkya 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 long; the meaning is that they will be pure after having bathed at the end of the burial.’
to. Yagaavalkya II, 21.
12, Manu V, 89; YAgfavalkya III, 21.
13. Apastamba Il, 6, 15, 2. Haradatta states that the Sapindarelationship 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 Sapizdas who bear the same family name only. The case of the Bhinnagotra-sapiadas will be discussed below, Sftra 20.
14-16. Manu V, 62; Yagéavalkya III, 18-19.
p. 251
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 whena 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; Yagé#avalkya III, 20. 19. Manu V, 75-77.
Likewise whena 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; Yagé#avalkya III, 20. 19. Manu V, 75-77.
20. Manu V, 81. Haradatta explains asapiada, ‘a kinsman who is not a Sapinda,’ by Sam4nodaka, 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 Yagé#avalkya, are called Bhinnagotrasapizdas, Bandhavas, or Bandhus (see Colebrooke, Mitakshara II, 53; II, 6). Gautama’s terminology agrees in this respect with that of Apastamba, see note on II, 5, 11, 16.
21. Haradatta explains sabrahmaédrin by suhrit, ‘a friend.’ But the term which elsewhere means ‘a fellow-student’ cannot have that sense in our Sfitra, as the fellow-student (sahadhydyin) 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 bahvrzkasabrahmadarin are of common occurrence.
p. 22
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 Sddra‘(in the same case) has been declared (by Sftras 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 Bréhmama) 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 1 not denote here simple touching. For below, Sfitra 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, Sfitra 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.