The Sacred Laws of the Âryas, Part I: Âpastamba and Gautama — SBE Vol. 2 (trans. Georg Bühler, 1879)

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.

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 SQdra.

28. Haradatta asserts that mrzteshu, ‘have died,’ must be understood. But as both the preceding and the following Sftras refer to

p. 253

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 Kand4la, 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 Sapizdas 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).

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; Yag#avalkya III, 15.

30. Apastamba II, 2, 2, 8-9; Manu V, 85; Yaga#avalkya III, 30.

31. Manu V, 103; YAgéavalkya III, 26.

32-33- Apastamba I, 5, 15, 16-17.

34. Apastamba II, 6, 15, 9; Manu V, 70. Haradatta observes that most Grzhya-sfitras prescribe the performance of the Xaulakarman in the third year.

36. Yag#avalkya III, 4.

p. 37

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 Sapimdas, (die), the purification is instantaneous.

45. Kings (remain always pure), lest their business be impeded,

44. If infants, (relatives) who live in a distant country, those who have renounced domestic life, and those who are not Sapimdas, (die), the purification is instantaneous.

45. Kings (remain always pure), lest their business be impeded,

46. And a Brahmaza, lest his daily study of the
Veda be interrupted.

37. Manu V, 73; Yagéavalkya III, 16.

39. Manu V, 73. 43- Manu V, 7o.

44. Yagfavalkya III, 23. Haradatta remarks that the rule refers to those Sapizdas 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 of ten days; see Manu V, 75-76.

45. Manu V, 93-94; Y4g#avalkya III, 27. Haradatta adds 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, Yagfavalkya III, 28.

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CHAPTER XV.

1. Now (follow the rules regarding) funeral oblations (Sraddha).

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) Brahmazas 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 afford, and have it prepared as well as possible.

7. He shall feed an uneven number (of Brahmamas), at least nine,

8. Oras many as he is able (to entertain).

g. (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 Parvaza or monthly Sraéddha, but most of them serve also as general rules for all the numerous varieties of funeral sacrifices.

2, Manu III, 122; Yagfavalkya I, 217.

3- Apastamba II, 7, 16, 6. 4. Apastamba II, 7, 16, 6-22.

5. Some of the most famous among the places where the performance of a Srdddha is particularly efficacious and meritorious are Gaya in Bihar, Pushkara or Pokhar near Agmir, the Kurukshetra near Dehli, Nasika on the Godavari. Pilgrims or persons passing through such places may and must perform a Sraddha on any day of the month.

4. YAgaavalkya I, 227. 8. See also below, Sfitra 21.

9. Apastamba II, 7, 17,4. Haradatta explains vak, ‘ eloquence,’ by ‘ability to speak Sanskrit,’ riipa, ‘ beauty,’ by ‘the proper number of limbs,’ and vaya/sampanna, ‘of (suitable) age,’ by ‘not too young.’

256 GAUTAMA. XV, Io.

endowed with eloquence and beauty, of a (suitable) age, and of a virtuous disposition.

10. It is preferable to give (food at a Sraddha) 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 Sraddha).

10. It is preferable to give (food at a Sraddha) 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 Sraddha).

13. On failure of sons (the deceased person's)
Sapizdas, the Sapizdas 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, MA4sha-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) Vardhrizasa, by Ocymum 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. Le. 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, Apastamba Il, 7, 17, 4, 8; Manu III, 140.

15. Apastamba II, 7, 16, 23—II, 7, 17, 33 Il, 8, 18, 13.

16, Apastamba II, 7, 17, 21. ‘A destroyer of the sacred fire (virahan), i.e. one who extinguishes intentionally the (domestic) firep. 257 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 out of hatred against his wife, and for the like reasons,’—Haradatta. He also remarks that some read agredidhishu instead of agredidhisha, and he proposes to explain the former, on the authority of Vyaghra and of the Naighazfukas, as ‘a Brahmaza whose wife has been wedded before to another man.’

17. My MSS. make two Sfitras out of Professor Stenzler’s one, and read upapatif# \.yasya 4a sak. The sense remains the same, but the latter version of the text is, I think, the correct one.

My MSS. make two Sfitras out of Professor Stenzler’s one, and read upapatif# \.yasya 4a sak. The sense remains the same, but the latter version of the text is, I think, the correct one.

18. Haradatta says that kuzd4sin may also mean ‘he who eats out of a vessel called kuzda,’ as the people have in some countries the habit of preparing their food and afterwards eating out of the kunda. Hfaradatta explains tyaktatman, ‘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 durvéla, ‘a bald man,’ by nirveshéitasepha. He who neglects the recitation of the sacred texts, i.e. of those texts which, like the G4yatrf, ought to be recited.

[2] sp. 19 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 Sfdra 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 Sidra 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 the family estate may take place during the lifetime of the father with his consent. From this Sfitra it would appear that sons could enforce a division of the ancestral estate against his will, as Y4gfavalkya also allows (see Colebrooke, Mitakshara I, 6, 5-11), and that this practice, though legal, was held to be contra bonos mores.

20. Apastamba Il, 7, 17, 5-6.

21. According to Haradatta, this SQtra is intended as a modification of Satra 8, .

22. Manu III, 250. 23. Manu III, 188,

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24. If (a funeral offering) is looked at by dogs,
Kandalas, 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.

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24. If (a funeral offering) is looked at by dogs,
Kandalas, 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 Gyesh¢da-smans, who knows the three texts regarding the NA&4iketa-fire, who knows the text which contains thrice the word Madhu, who knows the text which thrice contains the word Suparza, who keeps five fires, a Snataka, any one who knows the Mantras and Brahmazas, 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 répast only.

CuarTer XVI,

1. The annual (term for studying the Veda) begins on the full moon of the month Sravawa (July— August); or let him perform the Upakarman on

24. Apastamba II, 7, 17, 20. 28. Apastamba II, 7, 17, 22.

29-30. Manu III, 132-137, 148-149.

XVI. x. Apastamba I, 3,9, 1. The Upakarman is the ceremony which is annually performed at the beginning of the course of study, and it is obligatory on householders also; see Apastamba Il, 2, 5, 1. AKhand4msi, ‘the Vedic texts,’ i.e. the Mantras and Bréhmamzas, The Angas may be studied out of term; see Apastamba I, 3, 9, 3 note.

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(the full moon of) Bhadrapada (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 Vaza, 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.

(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. Apastamba I, 3, 9, 2-3.

3. This Sftra and the following one refer to a teacher or to a
householder who again goes through the Veda; see Apastamba II,
2, 5) 155 16.

5-6. Apastamba I, 3, 11, 8.

4-8. Apastamba I, 3, 10,19. A VAna is stated to be a kind of lute, or harp, with a hundred strings.

9. Apastamba I, 3, 11, 25, 31.

Io. Apastamba I, 3, II, 31. 11. Manu IV, 109.

12. Apastamba I, 3, 11, 1g, 17; Manu IV, 109.

13. Manu IV, 103.

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4-8. Apastamba I, 3, 10,19. A VAna is stated to be a kind of lute, or harp, with a hundred strings.

9. Apastamba I, 3, 11, 25, 31.

Io. Apastamba I, 3, II, 31. 11. Manu IV, 109.

12. Apastamba I, 3, 11, 1g, 17; Manu IV, 109.

13. Manu IV, 103.

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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 Asuras, 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 Kandéla (is) in (the village), nor in the neighbourhood of a Sddra,

20. Nor while (he suffers from) sour eructations.

21. The Azg-veda and the Yagur-veda (shall not be studied) while the sound of the SAmans (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): “ Pariveshama, being surrounded by a halo, means bringing food.” . . . (The Sfttra means, therefore), He shall not study while his teacher eats.’ —Haradatta.

16. Apastamba I, 3, I, 31.

14. Apastamba I, 3, 9, 273 I, 3, 11, 125 Manu IV, 112;
Yagfavalkya I, 150.

18. Apastamba I, 3, 9, 4, 6; I, 3, 10, 2, 4; I, 3, 11, 9.

19. Apastamba I, 3, 10, 24; I, 3, 9, 6, 14-15.

20. Apastamba I, 3, 10, 25. 21. Apastamba I, 3, 10, 19.

22. Apastamba I, 3, II, 30.

23. Apastamba I, 3, 11, 29; Manu IV, 29.

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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. Apastamba I, 3, 9, 22. The above translation follows the reading of my MSS., which differ very much from Professor Stenzler’s edition. According to them the commentary on the latter part of SQtra 23 and on Sfitra 24 runs as follows: . .. pratyekam 4kélika anadhyayahetavah | apart4v idam | rétav aha

AHA RITAU 12411

The above translation follows the reading of my MSS., which differ very much from Professor Stenzler’s edition. According to them the commentary on the latter part of SQtra 23 and on Sfitra 24 runs as follows: . .. pratyekam 4kélika anadhyayahetavah | apart4v idam | rétav aha

AHA RITAU 12411

Varshartav ete yadi bhaveyu# sandhydyém tadaharmatram anadhydyah \ pratasket \ sdyam tu ratrav anadhydya ityarthasiddhatvad anuktam i... ‘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 rztau, which is found in one of my MSS. (C) also.

25. Apastamba I, 3, 9, 21.

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30. (If thunder is heard) before midnight, (the study of the Veda must be interrupted) 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) on the full moon days of the months Karttika, Phalguza, and Ashadha.

30. Apastamba I, 3, 9, 23.

33- Apastamba 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. Apastamba I, 3, 9, 253 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 SamskAra, or a sacrifice to gods, like Kumara, who formerly were men; see Apastamba I, 3, 11, 3-

36. Apastamba I, 3, 9, 28. 37. Apastamba I, 3, 10, 1.

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Haradatta is in doubt whether ‘a sacrifice offered in honour of men’ means a SamskAra, or a sacrifice to gods, like Kumara, who formerly were men; see Apastamba I, 3, 11, 3-

36. Apastamba I, 3, 9, 28. 37. Apastamba I, 3, 10, 1.

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38. On the three Ash¢akds (the Veda shall not be studied) for three (days and) nights.

39. Some (declare, that the rule applies) to the last Ashéaké (only).

40. (On the occasion of) the annual (Up4karman and Utsarga the reading shall be interrupted) on the day (of the ceremony) and those preceding and one it.

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 Upakarman shall not read) at night for four Muhfrtas.

45. Some (declare, that the recitation of the Veda is) always (forbidden) i in a town.

46. While he is impure (he shall) not even (recite the Veda) mentally.

38. Apastamba I, 3, 10, 2. Regarding the meaning of the word
Ashéaka, see above, VIII, 18 note.

40. Apastamba I, 3, 10, 2. 41. Apastamba I, 3, 11, 27.

42. Apastamba I, 3, 11, 28.

43. Haradatta explains ‘a festive day’ to mean the day of the initiation and the like, but see Apastamba I, 3, 11, 20.

44. Haradatta explains this SAtra as equivalent to Apastamba I, 3, 9, 1. He adds that another commentator reads prddhitasya ka as a separate Sfitra, interpreting it to mean, ‘And a person who has performed the Upakarman (shall not study after dinner),’ and refers the words ‘at night for four Muhfrtas’ to the prohibition to read on the evening of the thirteenth day of the dark half of the month.

45- Manu IV, 116. . 46. Apastamba I, 3, 11, 25.

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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.

CuarTer XVII.

1. A Brahmamza may eat the food given by twiceborn 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 Sddra.

6. A herdsman, a husbandman, an acquaintance

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 Sddra.

6. A herdsman, a husbandman, an acquaintance

47- Apastamba ibidem. 49. Apastamba I, 3, 11, 38.

XVIL 1. Apastamba I, 6, 18, 13.

3- Apastamba I, 6, 18, 1; I, 6, 19, 133 Manu IV, 247-250.

4. Manu IV, 251. Gurus, i.e. parents and other venerable persons,

5. Apastamba I, 6, 18, 14.

6. Manu IV, 253; Y4gfavalkya I, 166.

p. 7

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).

g. 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,

(Nor) what has been looked at by the murderer of a learned Brahmaza,

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

4. E.g. a man who sells pots, but does not make them.

8. Manu III, 104; Yagavalkya I, 112.

9. Apastamba I, 5, 16, 23, 26.

1o. Apastamba I, 5, 16, 27, 30. Haradatta explains ‘a black bird’ by ‘a crow,’ and no doubt the crow, as the Kandala among birds, is intended in the first instance.

11. Manu IV, 208; YAg#avalkya I, 167.

12. Manu IV, 209; YAgéavalkya I, 168.

13. ‘What has heen given in a contemptuous manner by the host, or what is not pleasing to the eater, that is called bhavadushéa, “ naturally bad.”’—Haradatta. The second seems to be the right explanation, as food falling under the first is mentioned below, Sfitra 21.

14. Apastamba 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. Apastamba I, 5, 17,17. Haradatta says that food preparedp. 267 kept), except vegetables, food that requires mastication, fatty and oily substances, 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)

(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)

for the morning meal and kept until supper is also called paryushita, ‘stale.’

17. For this and the following Sftras, see Apastamba I, 6, 18, 16—I, 6, 19, 1; Manu IV, 205-217; YAgaavalkya I, 161-165. An Abhisasta is a person who is wrongly or falsely accused of a heinous crime, see Apastamba I, 9, 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 Vaghris, Bhils, and Kolis.

18. See above, XV, 15-18, where ‘bald men’ occupy the fourteenth place in Stra 18.

19. Apastamba I, 5, 17,3; ManulV, 212. That is called ‘food
(prepared) for no (sacred) purpose’ which a man cooks only for
himself, not for guests and the rest, see Apastamba II, 4, 8, 4;
Manu V, 7.

20, Apastamba I, 5, 17, 2p. 21 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 onehoofed 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, onehoofed animals, sparrows, the (heron called) Plava, Brahmamt ducks, and swans,

21. Apastamba I, 5,17) 4.

22-23. Apastamba I, 5,17, 24.

24. Apastamba I, 5, 17, 23. 25. Apastamba I, 5, 17, 23-

26. Manu V, 8; Y4g#avalkya I, 170.

27. Apastamba I, 5, 17, 37-

28. Apastamba 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.

p. 269

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,

(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 webfooted may be eaten,

36. And fishes that are not misshapen,

29. Apastamba I, 5, 17, 29, 32, 34, 353 Yagfavalkya I, 173.

30. Apastamba I, 5, 17, 29-30.

31. Aitareya-brahmama VII, 14. For the explanation of vrithamamea, ‘the flesh (of animals killed) for no (sacred) purpose,’ Haradatta refers back to Sfitra 19, but see also the Petersburg Dict. s. v. vr7tha.

32. Apastamba I, 5, 17, 26, 28; Manu V, 5, 6, 19.

34. Manu V, 12; Y4g#avalkya I, 173. Haradatta explains mAndhéla by vagvada, which seems to be the same as the bird vagguda (Manu XII, 64). Méndhala is not found in our dictionaries, but it apparently is a vicarious form for m4nth4la, which occurs in the Vagasaneyi-samhita, 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 Gugarati vagud or vagul) is really meant, which, by an inaccurate observer, might be described both as a bird and as a kind of rat. See also Vasish‘ha XIV, 48.

35- Apastamba I, 5, 17, 32-33-

36. Apastamba I, 5, 17, 38-39.

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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 Br&éhmaza).

Cuapter 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.

37. I.e. animals offered at Srfddhas and Srauta-sacrifices, though under other circumstances forbidden, may be eaten both by the priests and other Brahmazas.

38. Haradatta takes vy4la, ‘beasts of prey,’ to mean sporting dogs, which no doubt are also intended.

XVIII. 1. Manu V, 155. This Sftra refers in the first instance to the inability of wives to offer on their own account Srauta or Grthya-sacrifices, or to perform vows and religious ceremonies prescribed in the Purdmas, without the permission of their husbands. As the word stri means both wife and woman, its ulterior meaning is, that women in general are never independent ; see Manu V, 148; IX, 3; Yagd#avalkya I, 85.

2. Apastamba II, 10, 27, 6; Manu IX, roz.

3- Manu V, 166; Yag#avalkya I, 87.

As the word stri means both wife and woman, its ulterior meaning
is, that women in general are never independent ; see Manu V, 148;
IX, 3; Yagd#avalkya I, 85.

2. Apastamba II, 10, 27, 6; Manu IX, roz.

3- Manu V, 166; Yag#avalkya I, 87.

4. Apastamba II, 10, 27, 2-3; Manu IX, 59-60; YAg#avalkya 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. It must, of course, be understood that the widow has no children.

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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 Samdnapravara, 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).

g. The child belongs to him who begat it,

10. Except if an agreement (to the contrary has been made).

(And the child begotten at) a living husband’s
(request) on his wife (belongs to the husband).

(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 Saméanapravara is one who is descended from the same Azshi (vaidika gotra).

8. Colebrooke V, Digest 265. Haradatta explains atidvitiya, ‘not more than two (sons),’ to mean ‘not more than one son’ (prathamam apatyam atitya dvitiyam na ganayed iti). But see Manu IX, 61.

• 9. Apastamba 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. YAgfavalkya II, 127. Such a son is called dvipitr: or
dvyAmushy4yaxa.

p. 15

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 Brahmaza (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 twelve 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).

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. Kshapama, ‘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; Yagfavalkya I, 64.

21. Manu IX, 88.

22. Manu IX, 4; Yagéavalkya I, 64. ‘He who,’ i.e. the father or guardian.

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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 Sidra, -

25. Or from a man rich in small cattle, who neglects his religious duties, though he does not belong to the Sidra 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 Sfitra 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; Yagéavalkya III, 43.

30. Manu XI, 17; Yagéavalkya III, 43-44.

3. Manu XI, 21-22. Haradatta adds that a Brahmana who acts thus, must, of course, not be punished.

[2] T

p. 32

32. If the sacred law is violated and the (king) does not do (his duty), he commits sin.

Cuapter XIX.

1, The law of castes and of orders has been declared.

3. Manu XI, 21-22. Haradatta adds that a Brahmana who acts thus, must, of course, not be punished.

[2] T

p. 32

32. If the sacred law is violated and the (king) does not do (his duty), he commits sin.

Cuapter XIX.

1, The law of castes and of orders has been declared.

2. Now, indeed, 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,

32. Haradatta refers this Sftra to the case where a sacrificial animal or other requisites for a sacrifice are stolen from a Brahmaza. 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.

XIX. 1. Haradatta thinks that the object of this Sfitra is to assert that in the following chapter the laws given above for castes and orders must be kept in mind. Thus penances like offering a Punastoma are not intended for Sfidras, who have no business with Vedic rites, but other penances are. He also states that another commentator believes that the Sfitra is meant to indicate that the following rules refer not metely 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. MHaradatta’s opinion appears to be preferable.

2. ‘Ayam purushaf, “man (in) this (world),” indicates the universal soul which is dwelling in the body. Yapya, “vile,” i.e. despicable (kutsita).’—Haradatta. ~

3. ‘They, i.e. the theologians (brahmav4dina&).’—Haradatta.

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5. Because 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 Vratyastoma.

9. (The Veda says) further: ‘He who offers a horse-sacrifice, conquers all sin, he destroys the guilt of the murder of a Brdhmaza;

10. Moreover: ‘He shall make an Abhisasta perform an Agnish/ut 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 Vedantas, the Samhit4-text of all the Vedas, the (Anuvakas 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 XI, 45.

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 XI, 45.

6. *Apara, “most excellent,” means that which nothing surpasses, i.e. the settled doctrine. —Haradatta.

4. The Punastoma is one of the Srauta-sacrifices belonging to the class called Ekfha. Regarding its efficacy, see also Latyayana Srauta-sftra IX, 4, 5.

8. The Vratyastoma is another Ekéha-sacrifice. Regarding its efficacy, see Yagfavalkya I, 38 ; Lasyd4yana Srautra-sftra VIII, 6, 29.

g. Satapatha-brahmaaza XIII, 3, 1, 1.

10. The Agnish/ut is an Ekaha-sacrifice. Regarding its efficacy, see Manu XI, 75.

11. Manu XI, 46, 228; Apastamba I, 9, 26, 12—I, 9, 27, 11.

12. ‘Those parts of the Aranyakas which are not (Upanishads) are called Vedantas. In all the Vedas (A/andas), i.e. in all Sakhds (pravakana), the Samhita-text, not the Pada-text, nor the Kramatext. Another commentator says, “One Samhita is to be made

T2

p. 13

Aghamarshaza, the Atharvasiras, the (Anuvakas called the) Rudras, the Purusha-hymn, the two Samans (called) Ragana and Rauhiveya, the Brzhat (SAman) and the Rathantara, the Purushagati (S4man), the Mahdn4mnis, the Mah4vairaga (S4man) the Mah4divakirtya (SAaman), any of the Gyesh¢ha S4mans, the Bahishpavam4na (S4man), the KashmAndas, the PavamAnis, and the SAvitrt.

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 Azshis, cow-pens, and temples of the gods (are) places (which destroy sin).

with all the metres, i.e. the Gayatrt and the rest, and to be recited according to the manner of the Prataranuvaka.”’—Haradatta. According to the same authority, the Madhus are found Taittiriya Aranyaka X, 38, the hymn of Aghamarshaza Rig-veda X, 190, the Rudras Taittirfya-samhita IV, 5, 1-11, and in the correspording eleven chapters of all other Yagus-sakhas, the Purushasfikta Rigveda X, 90, the Kfshm4ndas Taittirfya Aranyaka X, 3-5, the Pavamanis Rig-veda IX, while by Atharvasiras the Upanishad, known by that name, is meant. As regards the Samans mentioned in the Stra it suffices to refer to Professor Benfey’s Index, Ind. Stud. III, 199, and to Dr. Burnell’s Index of the Arsheya-brahmama.

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 temple,’ not parishkandha, as Professor Stenzler

p. 277

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 temple,’ not parishkandha, as Professor Stenzler

p. 277

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 Krzkkhra and the Atikrzkkhra, (as well as) the AAndr4yaza, are penances for all (offences).

CHAPTER XX.

1. Let him cast off a father who assassinates a king, who sacrifices for Sadras, who sacrifices for 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 Pradakshiza ceremony.

15. The word iti in the text is explained as in the preceding
Sfitras,

18. These (acts), i.e. the recitation of the Veda and so forth, which have been enumerated above, Sfttras 11-16.

20. Regarding these penances, see chapters XXVI and XXVII.
Haradatta again takes the word iti, which occurs in the text, to
include other difficult penances.

XX. 1. Haradatta remarks that the father is mentioned here, in order to indicate that other less venerable relatives must certainlyp. 2 his own sake (accepting) money from Sddras, who divulges the Veda (to persons not authorised to study it), who kills a learned Brahmaza, 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 watervessel (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

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 also be abandoned. He also states that bhrfizahan, ‘he who slays a learned Braéhmaaa,’ includes sinners who have committed other mortal sins (mahapataka), see XXI, 1.

2. Manu XI, 183-185; YAg#avalkya III, 295. The spiritual Gurus, i.e. the teacher who initiated him (A4arya) and those who instructed him in the Veda (upadhy4ya).

8. Manu XI, 185.

p. 279

the (outcast sinner) shall stand, during one night, reciting the Savitri.

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 PAvamAnts, the Taratsamandis,
and the Kdshmandas.

13. Let him present gold or a cow to a Brahmana,

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 to. Manu XI, 187-188 ; Yag#avalkya III, 296.

11. As appears from Gobhila Grzhya-sfitra III, 4, 16, the noun to be understood is apam afigaliZ, ‘a handful of water.’

12. Haradatta refers the term Pavamants here to Taittirfyabrahmaza I, 4,8. The Taratsamandts are found Rig-veda IX, 58.

17. ‘“ Water (consecrated) for the sake of purification” meansp. 1 consecrated for the sake of purification (must be performed) in the case of all minor offences (upapétakas).

CuarTer X XI.

1. The murderer of a Brahmaza, 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 Brahmaza), 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.

water consecrated by the formulas, “ Cleansed is the earth,” &c.’— Haradatta.

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.

water consecrated by the formulas, “ Cleansed is the earth,” &c.’— Haradatta.

XXI. 1. Apastamba I, 7, 21, 7-9, 11; I, 9, 24, 6-9; Manu XI,
35; Yagd#avalkya III, 227. 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 daughtersin-law.

2. Apastamba II, 11, 29, 1.

3. Manu IX, 181; Yag#avalkya III, 261.

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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 (mah4pataka).

11; (The guilt of a) minor offence (upap4taka) 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 Apastamba I, 9, 24, 24-25; I, 9, 25, 1-35 Manu XI, 90-92,
104-105. The ‘penances’ prescribed are equal to a sentence of
death.

8. Apastamba I, 4, 21, 10.

9. Yagfavalkya III, 298. ‘On account of the word “and,” by slaying a Bréhmana and similar crimes also. Another (commentator) says, “A woman who serves the slayer of a learned Brahmama 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 Brahmaza or commits a similarly heinous crime. The slayer of a Brahmana is mentioned in order to include (all) outcasts.” ’—Haradatta.

10. Manu XI, 56-57; YAgfavalkya III, 228-229.

11. Manu XI, 60-67; YAgaavalkya III, 234-242; Apastamba I, 7, 21, 12-17, 19. The persons who defile the company are enumerated above, XV, 16-18.

p. 12

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,

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 Brahmaza 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. Apastamba 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 patantyasevayam must here mean ‘if they associate with outcasts.’ The former rule refers, however, to blood relations only, and our Sfitra may be intended to extend it to spiritual relations.

15. Apastamba 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. Apastamba I, 7, 21, 20. 18. YAg#avalkya III, 285.

20-21. Manu XI, 207; YAg#avalkya III, 293. According top. 283 against a Brahmaza, will be banished 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.

CuarTerR XXII.

1. (Now follows the description of the) penances.

2. He who has (intentionally) slain a Brahmaza 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 he meets an Arya, he shall step out of the road.

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.

22. Manu XI, 208; Yagfavalkya III, 293.

XXII. 1. The text of the Stra consists of the single word ‘penance’ in the singular, which, being the adhikéra or heading, must be taken with each of the following Sfitras down to the end of chapter XXIII.

2. Manu XI, 74. 3- Apastamba I, 9, 25, 11.

4. Apastamba I, 9, 24, 11-20. Hlaradatta says, ‘ the foot of a bedstead’ (khafvanga) is known in the case of the Padsupatas, and indicates thereby that he interprets the term to mean ‘a club shaped like the foot of a bedstead,’ which the Pasupatas wear.

2. Manu XI, 74. 3- Apastamba I, 9, 25, 11.

4. Apastamba I, 9, 24, 11-20. Hlaradatta says, ‘ the foot of a bedstead’ (khafvanga) is known in the case of the Padsupatas, and indicates thereby that he interprets the term to mean ‘a club shaped like the foot of a bedstead,’ which the Pasupatas wear.

5. Apastamba I, 9, 24, 13.

p. 6

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 Brahmaza,

8. Or if he is, at least, thrice vanquished in
(trying to recover) the property (of a Brahmaza)
stolen (by robbers),

9. Or by bathing (with the priests) at (the end of) a horse-sacrifice,

10. Or at (the end of) any other (Vedic) sacrifice, provided that an Agnishéut (sacrifice) forms part of it.

(The same penances must be performed) even if he has attempted the life of a Brahmaza, but failed to kill him,

12. Likewise if he has killed a female (of the Brahmamza caste) who had bathed after temporary uncleanness,

13. Also for (destroying) the embryo of a Brahmawa, though (its sex) may be not distinguishable.

14. For (intentionally) killing a Kshatriya the normal vow of continence (must be kept) for six

6. Apastamba I, 9, 25, 10.

1. Manu XI, 80; YAg#avalkya III, 244-245.

8. Apastamba I, 9, 25, 21. g. Apastamba I, 9, 25, 22.

10. Haradatta names the Pa#éarAtra sacrifice as an instance of a Srauta yagfa, of which an Agnish/ut forms part. He adds that another commentator explains the Sfitra to mean, ‘or at any other sacrifice, provided that an Agnish/ut sacrifice be its final ceremony.’ Regarding the Agnish/ut sacrifice, see also above, XIX, ro.

11. Yagfavalkya III, 252.

12. Apastamba I,9, 24,9; Manu XI, 88; Yag#avalkya III, 251.

13. Apastamba I, 9, 24, 8; Manu, Yagitavalkya, loc. cit.

14. Apastamba I,9, 24,1, 4. ‘Prakrzta (normal) means naturalp. 285 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 Sddra (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 Sdtra 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,

And for killing one thousand (small animals) that have bones,

. Also for (killing) an ox-load of (animals) that have no bones ;

(svabhavika), i.e. not accompanied by the carrying of the foot of a bedstead and the rest.’—Haradatta,

15. Apastamba I, 9, 24, 2, 4

16. Apastamba I, 9, 24, 3, 4-

17. Apastamba I, 9, 24,5; YAgd#avalkya III, 269. Haradatta says that this rule refers to the expiation of the murder of a virtuous Brahmazf.