The Sacred Laws of the Âryas, Part II — SBE Vol. 14 (trans. Georg Bühler, 1882)
English·1879–1910·trans. Georg Bühler·266 passages
The text · part 4 of 13
22. Vishnu XCVI, 4. Identical with Manu VI, 57.
23. There are three Tirthas called Pushkara; see Professor Jolly’s note on Vishau LXXXV, 1.
24. Krishnapandita thinks that this rule is a concession to those ascetics who are unable to subsist on one meal a day, as Manu VI, 55 prescribes.
25. Manu VI, 59. 26. Manu VI, 94-95.
27. The text is here probably corrupt. But I follow Krishnapandita. Several MSS. read asaého, ‘he shall not be a rogue,’ for asavo, ‘he shall not observe the rules of impurity.’
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of deaths (or births); let him not have a house; let him be of concentrated mind.
28. Let him not enjoy any object of sensual gratification.
29. Let him be (utterly) indifferent, avoiding to do injury or to show kindness to any living being.
30. To avoid backbiting, jealousy, pride, self-consciousness, unbelief, dishonesty, self-praise, blaming others, deceit, covetousness, delusion, anger, and envy is considered to be the duty of (men of) all orders.
31. A Br&éhmaza who wears the sacred thread, who holds in his hand a gourd filled with water, who is pure and avoids the food of Sddras will not fail (to gain) the world of Brahman.
Cuarter XI.
1, Six persons are (particularly) worthy to receive the honey-mixture (madhuparka),
2. (Viz.)an officiating priest, the bridegroom of one’s daughter, a king, a paternal uncle, a Snataka, a maternal uncle, as well as (others enumerated elsewhere).
3. (A householder) shall offer, both at the morning and the evening (meals, a portion) of the prepared (food) to the Visve Devas in the (sacred) domestic fire.
go. Vishzu II, 16-17.
31. Krishnapazdita believes that this Stra again refers to ascetics. But that is hardly possible, as ascetics are not allowed to wear a sacrificial thread (see above, Sitra 18). I think that it is meant to emphatically assert that a Brahmama who is free from the shortcomings enumerated in the preceding Sfitra, and who follows the rule of conduct, will obtain salvation, whether he passes through the order of Samny4sins or not.
XI. 1-2. Gautama V, 27-30. The persons enumerated elsewhere are the teacher, the father-in-law, and so forth. Regarding the Sndtaka, see Apastamba I, 11, 30, 1-4.
3. Vishau LXVII, 1-3.
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4. Let him give a Bali-offering to the (guardian) deities of the house,
5. (Thereafter) let him give a portion, one Pala in weight, to a Srotriya or to a student, (and afterwards an offering) to the manes.
6. Next let him feed his guests in due order, the worthiest first,
7. (Thereafter) the maidens, the infants, the aged, the half-grown members of his family, and pradatas,
8. Then the other members of his family.
9. (Outside the house) he shall throw (some food) on the ground for the dogs, KAzdalas, outcasts, and crows.
10. He may give to a Sidra either the fragments (of the meal) or (a portion of) fresh (food).
11, The master of the house and his wife may eat what remains.
4. Vishnu LXVII, 4-22.
9. (Outside the house) he shall throw (some food) on the ground for the dogs, KAzdalas, outcasts, and crows.
10. He may give to a Sidra either the fragments (of the meal) or (a portion of) fresh (food).
11, The master of the house and his wife may eat what remains.
4. Vishnu LXVII, 4-22.
5. Vishnu LIX, 14; LXVII, 23, 27. Krishnapandita does not take ‘agrabhaga’ as a technical term, but explains it by ‘a first portion, sufficient for a dinner, or as much as one is able to spare.’
6. Vishau LXVII, 28, 36-38.
4. Vishnu LXVII, 39. The majority of the MSS. read balavriddhatarumapradatas [tato]. Krishnapandita corrects the last word to pradata, while the editor of the Calcutta edition writes prabhritims [tato]. Both conjectures are inadmissible. As the same phrase occurs once more, below, XIX, 23 (where Krishnapandita writes pradatara), I think that it is not permissible to change the text. Pradatéz must be the correct reading, and a technical name for a class of female relatives. Etymologically it may mean ‘those who have been perfectly cleansed.’ But Iam unable to trace its precise technical import, and have left it untranslated.
8. Vishnu LXVII, 4r. 9. Vishvu LXVII, 26.
to. Gautama V, 25, and note. ‘A Sfdra, i.e. one who is his servant. —Krishnapandita. It is, however, possible, that a visitor of the Sidra caste is meant; see Apastamba II, 2, 4, 19-20.
11. Vishvu LXVII, 41.
XI, 19. RECEPTION OF GUESTS,
rials as for the first) are used (may be prepared), if a guest comes after the Vaisvadeva has been offered. For such a (guest) he shall cause to be prepared food (of a) particularly (good quality).
13. For it has been declared in the Veda, ‘A Brahmaza guest enters the house resembling the Vaisvanara fire. Through him they obtain rain, and food through rain. Therefore people know that the (hospitable reception of a guest) is a ceremony averting evil.’
14. Having fed the (guest), he shall honour him.
15. Heshall accompany him to the boundary (of the village) or until he receives permission (to return).
_16. Let him present (funeral offerings) to the manes during the dark half of the month (on any day) after the fourth.
17. After issuing an invitation on the day preceding (the Sraddha, he shall feed on that occasion) three ascetics or three virtuous householders, who are Srotriyas, who are not very aged, who do not follow forbidden occupations, and neither (have been his) pupils, nor are (living as) pupils in his house.
18. He may also feed pupils who are endowed with good qualities.
19. Let him avoid men neglecting their duties,
12. Apastamba II, 3, 6, 16; Gautama V, 32, 33. A guest, i.e. one to whom the definition given above, VIII, 6, 7, applies. I read according to my MSS. punafpako instead of punahpake.
19. Gautama XV, 16,18. The explanation of the word nagna,
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those afflicted with white leprosy, eunuchs, blind men, those who have black teeth, those who suffer from black leprosy, (and) those who have deformed nails.
20. Now they quote also (the following verses) : ‘Now, if a (Brahmaza) versed in the Vedas is afflicted with bodily (defects) which exclude him from the company, Yama declares him to be irreproachable. Such (a man) sanctifies the company.’
21. ‘At a funeral sacrifice the fragments (of the meal) must not be swept away until the end of the day. For streams of nectar flow (from them, and the manes of) those who have received no libations of water drink (them).
22, ‘But let him not sweep up the fragments (of the meal) before the sun has set. Thence issue rich streams of milk for those who obtain a share with difficulty.’ .
23. ‘Manu declares that both the remainder (in the vessels) and the fragments (of the meal) certainly are the portion of those members of the family who died before receiving the sacraments.’
24. ‘Let him give the fragments that have fallen on the ground and the portion scattered (on the blades of Kusa grass), which consists of the wipings
‘neglecting their duties,’ is doubtful. I have followed Krishaapavdita, who quotes the Markandeya Purama in support of his view. The word occurs in the same connexion, Vishvu LXXXII, 27, where it is rendered by ‘naked.’ Possibly it may refer to ascetics who go entirely naked.
20. The Sftra gives an exception to the preceding rule.
21. I read ‘skyotante hi’ instead of ‘syotante vai.’
22. ‘ Those who receive a share with difficulty,’ i.e. the manes of uninitiated children, mentioned in the next verses.
23-24. Vishnu LXXXII, 22; Manu III, 245-246. These rules, however, do not fully agree with the teaching of our Manu-smriti,p. 53 and water, as their food, to the manes of those who died without offspring and of those who died young.’
25. ‘The malevolent Asuras seek an opportunity (to snatch away) that food intended for the manes, which is not supported with both hands;’
26. ‘Therefore let him not offer it (to the Brahmazas) without holding (a spoon) in his hand; or let him stand, holding the dish (with both hands, until) leavings of both kinds (have been produced).’
27. ‘He shall feed two (Brahmamas) at the offering to the gods, and three at the offering to the manes, or a single man on either occasion; even a very wealthy man shall not be anxious (to entertain) a large company.’
‘He shall feed two (Brahmamas) at the offering to the gods, and three at the offering to the manes, or a single man on either occasion; even a very wealthy man shall not be anxious (to entertain) a large company.’
28. ‘A large company destroys these five (advantages), the respectful treatment (of the invited guests, the propriety of) time and place, purity and (the selection of) virtuous Brahmaza (guests); therefore he shall not (invite a large number),’
29. ‘Or he may entertain (at a Sraddha) even a single Brahmawa who has studied the whole Veda, who is distinguished by learning and virtue, and is free from all evil marks (on his body).’
as the latter assigns the fragments on the ground to honest and upright servants. Sftra 24 I read with the majority of the MSS. ‘lepanodakam’ for ‘lepamodakam,’ and ‘annam preteshu’ for ‘anupreteshu.’
25. Manu III, 225.
26. Manu III, 224. The meaning of the last clause seems to be that the sacrificer shall stand before the Brahmamas until they -have done eating.
24. Identical with Manu III, 125; see also Vishvu LXXIII, 3. The offering to the gods is the Vaisvadeva offering which precedes the Sraddha.
28. Identical with Manu III, 126. 29. Manu Ill, 129.
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30. ‘(But) how can the oblation to the gods be made if he feeds a single Brahmaza at a funeral sacrifice ? “Let him take (a portion) of each (kind of) food that has been prepared (and put it) into a vessel ;’
31. ‘Let him place it in the sanctuary of a god and afterwards continue (the performance of) the funeral sacrifice. Let him offer that food in the fire or give it (as alms) to a student.’
32. ‘As long as the food continues warm, as long as they eat in silence, as long as the qualities of the food are not declared (by them), so long the manes feast on it.’
33. ‘The qualities of the food must not be declared as long as the (Brahmamas who represent the) manes are not satiated. Afterwards when they are satisfied, they may say, “ Beautiful is the sacrificial food.”’
34. ‘But an ascetic who, invited to dine at a sacrifice of the manes or of the gods, rejects meat, ‘shall go to hell for as many years as the slaughtered beast has hairs.’
35. ‘ Three (things are held to) sanctify a funeral sacrifice, a daughter’s son, the midday, and sesamum grains; and they recommend three (other things) for it, purity, freedom from anger and from precipitation.’
36. ‘The eighth division of the day, during which the sun’s (progress in the heavens) becomes slow, one must know to be midday; what is (then) given to the manes lasts (them) for a very long time.’ *
37. ‘The ancestors of that man who has inter-
32. Identical with Vishnu LXXXII, 20, and Manu III, 237.
34. Manu V, 35. 35. Identical with Manu III, 235.
37. Vishvu LXIX, 2-4.
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course with a woman after offering or having dined at a Sraddha, feed during a month from that (day) on his semen.’
Identical with Vishnu LXXXII, 20, and Manu III, 237.
34. Manu V, 35. 35. Identical with Manu III, 235.
37. Vishvu LXIX, 2-4.
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course with a woman after offering or having dined at a Sraddha, feed during a month from that (day) on his semen.’
38. ‘A child that is born from (intercourse immediately) after offering a Sraddha or partaking of a funeral repast, is unable to acquire sacred learning and becomes short-lived.’
39. ‘The father and the grandfather, likewise the great-grandfather, beset a descendant who is born to them, just as birds (fly to) a fig tree ;’
40. ‘ (Saying), “ He will offer to us funeral repasts with honey and meat, with vegetables, with milk and with messes made of milk, both in the rainy season and under the constellation Magh4f.”’
41. ‘ The ancestors always rejoice at a descendant who lengthens the line, who is zealous in performing funeral sacrifices, and who is rich in (images of the) gods and (virtuous) Brahmama (guests).’
42. ‘The manes consider him to be their (true) descendant who offers (to them) food at Gay4, and (by the virtue of that gift) they grant him (blessings), just as husbandmen (produce grain) on well-ploughed (fields).’
43. He shall offer (a Sraddha) both on the full moon days of the months Sravava and AgrahAyama and on the Anvash/akt.
39-40. Vishau LXXVIII, 51-53.
41. ‘Who lengthens the line,’ i.e. who himself begets sons. Read instead of nuyantam pitrékarmani (v. 1]. muyantam and tr?pantah), ‘udyatam.’
42. Vishnu LXXXV, 4, 66-67.
43. SrAvana, i.e. July-August; Agrahayama, i.e. Margasirsha or November—December. Anvash/aki means the day following the Ash/akA, or eighth day, i.e. the ninth day of the dark halves of
Margasirsha, Pausha, Magha, and Phalguna. The form of the word is usually anvash/aka.
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44. There is no restriction as to time, if (particularly suitable) materials and (particularly holy) Brahmazas are at hand, or (if the sacrificer is) near (a particularly sacred) place.
45. A Brahmaza must necessarily kindle the three sacred fires.
46. He shall offer (in them) the full and new moon sacrifices, the (half-yearly) Agrayana Ishdi, the AKAturmAsya-sacrifice, the (half-yearly) sacrifices at which animals are slain, and the (annual) Somasacrifices.
47. For all this is (particularly) enjoined (in the Veda), and called by way of laudation ‘a debt.’
48. For it is declared in the Veda, ‘A Brahmaza is born, loaded with three debts,’ (and further, ‘He owes) sacrifices to the gods, a son to the manes, the study of the Veda to the Azshis; therefore he is free from debt who has offered sacrifices, who has begotten a son, and who has lived as a student (with a teacher).’
49. Let him (ordinarily) initiate a Brahmaza in the eighth (year) after conception,
50. A Kshatriya in the eleventh year after conception,
51. A Vaisya in the twelfth year after conception.
52. The staff of a Brahmama (student may) optionally (be made) of Palasa wood,
Let him (ordinarily) initiate a Brahmaza in the eighth (year) after conception,
50. A Kshatriya in the eleventh year after conception,
51. A Vaisya in the twelfth year after conception.
52. The staff of a Brahmama (student may) optionally (be made) of Palasa wood,
44. Gautama XV, 5. 45. Vishau LIX, 2.
46. Vishwu LIX, 4~9.
47. Manu IV, 257. I read rzzasamstutam with MS. E.
48. Taitt.Samh.VI, 3, 10,5; Satapatha-brahmama I, 7, 2, 11.
49-51. Vishnu XXVII, 15-17.
52-54. Vishau XXVII, 29. Regarding other kinds of sticks, see Gautama I, 22-24.
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53. (That) of a Kshatriya optionally of the wood of the Banyan tree,
54. (That) of a Vaisya optionally of Udumbara wood.
55. (The staff) of a Brahmaza shall (be of such a length as to) reach the hair,
56. (That) of a Kshatriya the forehead,
57. (That) of a Vaisya the (tip of the) nose.
58. The girdle of a Brahmawa shall be made of Muiaga grass,
59. A bowstring (shall be that) of a Kshatriya,
60. (That) of a Vaisya shall be made of hempen threads.
61. The upper garment of a Brahmama (shall be) the skin of a black antelope,
62. (That) of a Kshatriya the skin of a spotted deer,
63. (That) of a Vaisya a cow-skin or the hide of a he-goat.
64. The (lower) garment of a Brahmama (shall be) white (and) unblemished,
65. (That) of a Kshatriya dyed with madder,
66. (That) of a Vaisya dyed with turmeric, or made of (raw) silk;
67. Or (a dress made of) undyed (cotton) cloth may be worn by (students of ) all (castes).
68. A Braéhmaza shall ask for alms placing (the word) ‘ Lady’ first,
55-57. Vishvu XXVII, 22. 58-60. Vishwu XXVII, 18.
61-63. Vishnu XXVII, 20. ;
64-67. Vishnu XXVII, 19; Gautama I, 17-21. ‘Unblemished,’ i.e. new, without holes and seams.
68-70. Vishnu XXVII, 25. I.e. ‘Lady, give alms;’ ‘Give, O lady, alms ;’ and ‘Give alms, lady,’
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69. A Kshatriya placing (the word) ‘ Lady’ in the middle,
70. A Vaisya placing (the word) ‘Lady’ at the end (of the formula).
71. The time (for the initiation) of a Brahmama has not passed until the completion of the sixteenth year,
72. (For that) of a Kshatriya until the completion of the twenty-second,
73. (For that) of a Vaisya until the completion of the twenty-fourth.
74. After that they become ‘men whose SAvitrt has been neglected.’
75. Let him not initiate such men, nor teach them, nor sacrifice for them; let them not form matrimonial alliances (with such outcasts).
76. A man whose Savitri has not been performed, may undergo the Uddalaka-penance.
77. Let him subsist during two months on barleygruel, during one month on milk, during half a month on curds of two-milk whey, during eight days on clarified butter, during six days on alms given without asking, (and) during three days on water, and let him fast for one day and one night.
78. (Or) he may go to bathe (with the priests) at the end of an Asvamedha (horse-sacrifice).
79. Or he may offer a Vratya-stoma.
41-73. Vishnu XXVII, 26.
78. (Or) he may go to bathe (with the priests) at the end of an Asvamedha (horse-sacrifice).
79. Or he may offer a Vratya-stoma.
41-73. Vishnu XXVII, 26.
44. Vishnu XXVII, 27. SAvitri, literally ‘the Az sacred to Savitrz’ (Rig-veda III, 62, 10), means here ‘the initiation,’ see Gautama I, 12 note.
75. Apastamba I, 1, 1, 28. The plural vivahayeyuf, ‘let them (not) form matrimonial alliances,’ indicates that orthodox Brahmavas must neither give their daughters to PatitasAvitrikas nor take the daughters of such persons.
78. Gautama XIX, 9. 79. Gautama XIX, 8.
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Cuapter XII.
1. Now, therefore, the duties of a Snataka (will be explained).
2. Let him not beg from anybody except from a king and a pupil.
3. But let him ask, if pressed by hunger, for some (small gift) only, a cultivated or uncultivated field, a cow, a goat or a sheep, (or) at the last extremity, for gold, grain or food.
4. But the injunction (given by those who know the law) is, ‘A Snataka shall not be faint with hunger.’
5. Let him not dwell together with a person whose clothes are foul;
6. (Let him not cohabit) with a woman during her courses,
7. Nor with an unfit one.
8. Let him not be a stay-at-home.
XII. 1. ‘Now’ marks the beginning of a new topic. ‘ Therefore,’ i.e. because the duties of a Snataka have to be taught after those of a student.
2. Manu IV, 33; Gautama IX, 63.
3. Manu X, 113-114. 4. Manu IV, 34; Vishau III, 79.
5. Krishnapandita, whom I have followed in the translation of this Sfitra, thinks that it indicates the obligation of wearing clean clothes, see e.g. Vishau LXXI, 9. It seems to me, however, probable that its real sense is, ‘Let him not cohabit with a woman during her courses,’ and that the next Satra has to be read naéragasvalaya, ‘ Nor with one of immature age.’
4. ‘An unfit one,’ i.e. ‘one of low caste’ (hin4).—Kyishnapandita. Probably a sick wife is meant, Gautama IX, 28.
8. Gautama IX, 53. Krishnapandita gives besides the above interpretation of the Sftra from Haradatta’s Gautamtya Mitakshar4, another one, according to which it means, ‘ Let him not forsake his own family and enter another one (by adoption and so forth).’ A third
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9. Let him not step over a stretched rope to which a calf (or cow) is tied.
10. Let him not look at the sun when he rises or sets.
11. Let him not void excrements or urine in water,
12. Nor spit into it.
13. Let him ease himself, after wrapping up his head and covering the ground with grass that is not fit to be used at a sacrifice, and turning towards the north in the day-time, turning towards the south at night, sitting with his face towards the north in the twilight.
14. Now they quote also (the following verses): ‘But Snatakas shall always wear a lower garment and an upper one, two sacrificial threads, (shall carry) a staff and a vessel filled with water.’
14. Now they quote also (the following verses): ‘But Snatakas shall always wear a lower garment and an upper one, two sacrificial threads, (shall carry) a staff and a vessel filled with water.’
15. ‘It is declared, that (a vessel becomes) pure (if cleaned) with water, or with the hand, or with a stick, or with fire. Therefore he shall clean (his) vessel with water and with his (right) hand.’
16. ‘For Manu, the lord of created beings, calls (this mode of cleaning) encircling it with fire.’
17. ‘He who is perfectly acquainted with (the rules of) purification shall sip water (out of this vessel), after he has relieved the necessities of nature.’
18. Let him eat his food facing the east.
explanation is given by Narayaza on Sankhayana Grzhya-sitra IV, 12, 11, who takes it to mean, ‘Let him not go from one house to the other.’
g. Gautama IX, 52; Vishzu LXIII, 42.
10. Vishvu LXXI, 17-18. 11-12. Vishnu LXXI, 35.
13. Gautama IX, 37-38, 41-43; Vishvu LX, 2-3.
14. Vishau LXXI, 13-15. 18. Vishvu LXVIII, 40.
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19. Silently let him swallow the entire mouthful, (introducing it into the mouth) with the four fingers and with the thumb;
20. And let him not make a noise (while eating).
21. Let him approach his wife in the proper season, except on the Parva days.
22. Let him not commit a crime against nature (with her).
23. Now they quote also (the following verse): ‘The ancestors of a man who commits an unnatural crime with a wedded wife, feed during that month on his semen. All unnatural intercourse is against the sacred law.’
24. It is also declared in the Ka¢haka, ‘ (When) the women (asked) Indra, “ May even those among us, who are soon to be mothers, (be allowed to) cohabit with their husbands,” he granted that wish.’
25. Let him not ascend a tree.
26. Let him not descend into a well.
27. Let him not blow the fire with his mouth.
28. Let him not pass between a fire and a Brah-
_maza,
29. Nor between two fires ;
30. Nor between two Brahmamzas; or (he may do it) after having asked for permission.
31. Let him not dine together with his wife. For it is declared in the Vagasaneyaka, ‘His children will be destitute of manly vigour.’
19. Krishnapandita thinks that this rule refers to the first five mouthfuls only.
21. Vishnu LXIX, 1.. The Parva days are the eighth, fourteenth, and fifteenth of each half-month.
25-27. Gautama IX, 32. 28. Apastamba II, 5, 12, 6.
32. Let him not point out (a rainbow calling it) by (its proper) name, ‘ Indra’s bow.’
33. Let him call it ‘the jewelled bow’ (mazidhanuZ).
34. Let him avoid seats, clogs, sticks for cleaning the teeth, (and other implements) made of Paldsa wood,
35. Let him not eat (food placed) in his lap.
36. Let him not eat (food placed) on a chair.
37. Let him carry a staff of bamboo,
38. And (wear) two golden earrings.
34. Let him avoid seats, clogs, sticks for cleaning the teeth, (and other implements) made of Paldsa wood,
35. Let him not eat (food placed) in his lap.
36. Let him not eat (food placed) on a chair.
37. Let him carry a staff of bamboo,
38. And (wear) two golden earrings.
39. Let him not wear any visible wreath excepting a golden one;
40. And let him disdain assemblies and crowds.
41. Now they quote also (the following verse) : ‘To deny the authority of the Vedas, to carp at the teaching of the Avzshis, to waver with respect to any (matter of duty), that is to destroy one’s soul.’
42. Let him not go to a sacrifice except if he is chosen (to be an officiating priest. But) if he goes, he must, on returning home, turn his right hand (towards the place).
43. Let him not set out on a journey when the sun stands over the trees.
32-33. Gautama IX, 22. 34. Gautama IX, 44.
35. Vishvu LXVIII, 21. 36. Gautama IX, 32.
37. Vishau LXXI, 13. 38. Vishvu LXXI, 16.
39. Gautama IX, 32.
40. I read sabhdsamavayamskavagayeta. The corrupt readings of Bh. samavaydska gaviyan and of F. samavayamska vakshtyanna point to this version, the sense of which agrees with the parallel passages of other Sm~‘tis, see e. g. Apastamba I, 11, 32, 19.
41. Vishnu LXXI, 83. 42. Gautama IX, 54-55, 66.
43. Vishnu LXIII, 9. According to Krishnapandita the time intended is midday.
XIII, s. THE STUDY OF THE VEDA. 63
44. Let him not ascend an unsafe boat, or (any unsafe conveyance).
45. Let him not cross a river, swimming.
46. When he has risen in the last watch (of the night) and has recited (the Veda) he shall not lie down again.
47. In the Muhfrta sacred to Pragdpati a Brahmamza shall fulfil some sacred duties.
CuHaPTeR XIII.
1. Now, therefore, the Upakarman (or the rite preparatory to the study) of the Veda (must be performed) on the full moon day of the month Sravaza or Praush¢hapada.
2. Having kindled the sacred fire, he offers (therein) unground (rice) grains,
3. To- the gods, to the Avzshis, and to the Khandas.
4. Let them begin to study the Vedas, after having made Brahmamzas (invited for the purpose) wish ‘welfare’ (svasti), and after having fed them with sour milk,
5. (And continue the Veda-study) during four
44. Vishau LXIII, 47.
45. Vishau LXIII, 46. Krishnapandita omits this Sfitra which is found in the majority of the‘MSS.
46. Apastamba I, 11, 32,15; Vishwu XXX, 27.
47. Manu IV, 92; Vishzu LX, 1. The Muhfrta sacred to PragApati is the same as the Brahma-muhfrta, and falls in the last watch of the night.
XIII. 1. Vishzu XXX, 1. Sravana, July-August. Praushéhapada, i.e, Bhadrapada, August-September. Krishvapandita improperly combines this Sfitra with the next.
5. Gautama XVI, 2.
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months and a half or during five months and a half.
6. After (the expiration of) that (period), he may study (the Vedas) during the bright half of each month,
Krishvapandita improperly combines this Sfitra with the next.
5. Gautama XVI, 2.
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months and a half or during five months and a half.
6. After (the expiration of) that (period), he may study (the Vedas) during the bright half of each month,
7. But the supplementary treatises (Angas) of the Veda at pleasure (both during the bright and the dark halves of each month).
8. Interruptions of the (Veda-study shall take place), g. If it thunders during the twilight,
10. During (both) the twilights (of each day),
11. In towns where a corpse (lies) or KAndalas (stay).
12. At pleasure (he may study seated) in (a place) which has been smeared with cowdung and around which a line has been drawn.
13. (Let him not study) near a burial-ground,
14. (Nor) lying down,
15. Nor when he has eaten or received a gift at a funeral sacrifice ;
16. And with reference to this (subject) they quote a verse of Manu, ‘Be it fruit, or water, or
6-7. Manu IV, 98.
9. Apastamba I, 3, 9, 20. 1o, Gautama XVI, r2.
11. Gautama XVI,19; Vishnu XXX,10. The above translation follows Krishnapandita’s gloss. But the Sftra may also be taken differently : ‘In (villages) where a corpse lies or a Kandala stays (and) in towns.’ For the prohibition to study in towns is mentioned by Gautama XVI, 45; Manu IV, 116; and Apastamba I, 3; 9) 4:
12, Apastamba I, 3, 9,5. The rule refers to places, such as high-roads, where studying is ordinarily forbidden.
13. Vishvu XXX, 15; Apastamba I, 3, 9, 6.
14. Gautama XVI, 17. 15. Gautama XVI, 34.
16. Manu IV, 117 somewhat resembles the verse quoted. Butp. 65 sesamum, or food, or whatever be the (gift) at a SrAddha, let him not, having just accepted it, recite the Veda; for it is declared in the Smvzti, that the hand of a Brahmaza is his mouth.’
17. (Let him not recite the Veda) while he runs, (nor) while a foul smell and the like (are perceptible, nor) on barren ground,
18. (Nor) when he has ascended a tree,
19. (Nor) in a boat or in a camp,
20. Nor after meals while his hands are moist,
21. (Nor) while the sound of a V4za (is heard),
22. (Nor) on the fourteenth day (of each halfmonth, nor) on the new moon day, (nor) on the eighth day (of each half-month, nor) on an Ashéaké,
23. (Nor) while he stretches his feet out, (nor) while he makes a lap, (nor) while he leans against (something), nor (in any other unbecoming posture),
24. (Nor) close to his Gurus,
25. (Nor) during that night in which he has had conjugal intercourse,
26. (Nor) dressed in that garment which he had on during conjugal intercourse, except if it has been washed, its altered form shows clearly that the M4nava Dharmas4stra known to Vasish/ka differed from the work which at present goes by that name. Compare also SA4nkhayana Grhya-sftra IV, 7, 55.
17. YAgfavalkya I,150; Gautama XVI, 19; Manu IV, 120.
18. Apastamba I, 3, 11, 16.
1g. Vishwu XXX, 18; Manu IV, raz.
20. Apastamba I, 3, 10, 25.
Compare also SA4nkhayana Grhya-sftra IV, 7, 55.
17. YAgfavalkya I,150; Gautama XVI, 19; Manu IV, 120.
18. Apastamba I, 3, 11, 16.
1g. Vishwu XXX, 18; Manu IV, raz.
20. Apastamba I, 3, 10, 25.
21. Gautama XVI, 7, and note.
22, Vishnu XXX, 4; Gautama XVI, 37-38. The Ashéak&s are the eighth days of the dark halves of the winter months, Margasirsha, Pausha, M4gha, and Phalguma.
23. Vishnu XXX,17; Manu IV, 112. 26. Manu IV, 116.
[14] F
p. 27
27. (Nor) at the extremity of a village,
28. (Nor) after (an attack of) vomiting,
29. (Nor) while voiding urine or fzeces.
30. (Let him not recite) the Rig-veda, the Yagurveda, and (the Atharva-veda) while the sound of the Saman melodies (is audible), nor (the SAman while the other Vedas are being recited).
31. (Let him not study) before (his food is) digested,
32. (Nor) when a thunderbolt falls,
33. (Nor) when an earthquake happens,
34. Nor when the sun and the moon are eclipsed.
35. When a preternaturally loud sound is heard in the sky, when a mountain falls, (and) when showers of stones, blood or sand (fall from the sky, the Veda must not be read) during the twenty-four hours (immediately succeeding the event).
36. If meteors and lightning appear together, (the interruption shall last) three (days and) nights.
37. A meteor (alone and) a flash of lightning (alone cause an interruption lasting) as long as the sun shines (on that or the next day).
38. (If rain or other celestial phenomena come) out of season, (the Veda must not be read) during the twenty-four hours (immediately succeeding the event).
27. Gautama XVI, 18. 28. Vishvu XXX, rg.
29. Gautama XVI, 11. Kyrishnapandita improperly divides the Sfitra into two.
30. Vishnu XXX, 26. 31. Vishnu XXX, 21.
32-34. Vishwu XXX, 5; Gautama XVI, 22.
35. Gautama XVI, 22; Manu IV, 10g, 115. Kreshnapandita mentions digdaha, ‘when the sky appears preternaturally red,’ as a various reading for ‘ dignada.’
38. Apastamba I, 3, 11, 29.
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39. If the teacher has died, (he shall not study the Veda) during three (days and) nights.
40. If the teacher’s son, a pupil, or a wife (have died, he shall not study) during a day and a night.
41. Let him honour an officiating priest, a fatherin-law, paternal and maternal uncles, (though they may be) younger than himself, by rising and saluting them,
42. Likewise the wives of those persons whose feet must be embraced, and the teacher’s (wives),
43. And his parents.
44. Let him say to one acquainted with (the meaning of) a salute, ‘I N. N. ho! (salute thee);’
45. But him who does not know it (he shall address with the same formula, omitting his name).
46. When a salute is returned, the last vowel (of the noun standing) in the vocative is produced to the length of three moras, and if it is a diphthong (e or o) changeable according to the Sandhi rules, it becomes 4y or Av, e.g. bho, bhav.
46. When a salute is returned, the last vowel (of the noun standing) in the vocative is produced to the length of three moras, and if it is a diphthong (e or o) changeable according to the Sandhi rules, it becomes 4y or Av, e.g. bho, bhav.
47. A father who has committed a crime causing loss of caste must be cast off. But a mother does not become an outcast for her son.
48, Now they quote also (the following verses) :
39- Apastamba I, 3, 10, 2-4. 40. Vishnu XXXII, 4.
42. The persons intended are, the teacher and so forth. See Apastamba I, 4,14, 7, note.
44. Gautama VI, 5.
45- Apastamba I, 4,14, 23. Krishnapandita combines this Sftra with the preceding.
46. Apastamba I, 2, 5,18. In returning a salute, the name of the person addressed is pronounced, and if it ends in a, the vowel is made pluta, while e and o are changed to Aya and Ava, e. g. Hare to Harfya.
47. Gautama XX,1; XXI,15; Apastamba I, 10, 28, 9.
48. Manu II, 145.
F 2
p. 49
‘The teacher (4#4rya) is ten times more venerable than a sub-teacher (upAdhy4ya), the father a hundred times more than the teacher, and the mother a thousand times more than the father.’
49. ‘A wife, sons, and pupils who are defiled by sinful deeds, must first be reproved, and (if they do not amend, then) be cast off. He who forsakes them in any other way, becomes (himself) an outcast.’
50. An officiating priest and a teacher who neglect to teach the recitation of the Veda, or to sacrifice, shall be cast off. If he does not forsake them, he becomes an outcast.
51. They declare that the male offspring of outcasts are (also) outcasts, but not the females.
52. For a female enters (the family of) a stranger.
53. He may marry such a (female) without a dowry.
54. ‘If the teacher’s teacher is near, he must be treated like the teacher (himself). The Veda declares that one must behave towards the teacher’s son just as towards the teacher.’
55. A Braéhmaza shall not accept (as gifts) weapons, poison, and spirituous liquor.
56. Learning, wealth, age, relationship,and occupation must be honoured.
57. (But) each earlier named (quality) is more venerable than (the succeeding ones).
58. If he meets aged men, infants, sick men, loadcarriers, women, and persons riding in chariots, he
49. Apastamba I, 2, 8, 29-30. 50. Gautama XXI, r2.
must make way (for them, i.e.) for each later (named before those enumerated earlier).
59. Ifa king and a Snataka meet, the king must make (way) for the Snataka.
60. All (must make way) for a bride who is being conveyed (to her husband’s house),
61. Grass, room (for resting), fire, water, a welcome, and kind words never fail in the houses of good men.
CuHaPTer XIV.
1. Now, therefore, we will declare what may be eaten and what may not be eaten.
60. All (must make way) for a bride who is being conveyed (to her husband’s house),
61. Grass, room (for resting), fire, water, a welcome, and kind words never fail in the houses of good men.
CuHaPTer XIV.
1. Now, therefore, we will declare what may be eaten and what may not be eaten.
2. Food given by a physician, a hunter, a woman of bad character, a mace-bearer, a thief, an Abhisasta, a eunuch, (or) an outcast must not be eaten,
3. (Nor that given) by a miser, one who has performed the initiatory ceremony of a Srauta-sacrifice, a prisoner, a sick person, a seller of the Soma-plant,a carpenter, a washerman, a dealer in spirituous liquor, a spy, a usurer, (or) a cobbler,
4. Nor (that given) by a Sfdra,
5. Nor (that given) by one who lives by his weapons,
6. Nor (that given) by the (kept) paramour of a
61. Apastamba II, 2, 4,14; Gautama V, 35-36.
XIV. 2. Vishvu LI, 7, 10-11. Dandika, ‘a mace-bearer,’ may mean ‘a police officer’ or ‘a messenger.’ I read with MSS. Bh. and F, shamdha, ‘a eunuch,’ instead of sa¢ha, ‘a rogue,’ the reading of the other MSS. and of Kréshnapazdita.
3. Vishvu LI, 8-9, 12,19; Gautama XVII,17. I write sQéaka, ‘a spy,’ instead of s(fika, ‘a tailor,’ according to the other Smr‘tis, e.g. Vishau LI, 12; Apastamba I, 6, 18, 30.
4. Apastamba I, 6, 18, 13. 5. Apastamba I, 6, 18, 19.
6. Vishnu LI, 16; Gautama XVII, 18. I read with the majorityp. 7 married woman, or by a husband who allows a paramour (to his wife),
7. Nor (that given) by an incendiary,
8. Nor (that given) by (a ruler) who does not slay those worthy of capital punishment,
9. Nor (food) offered publicly with these words, ‘Who is willing to eat?’
10. Nor food given by a multitude of givers, or by harlots, and so forth.
t1. Now they quote also (the following verse) : ‘The gods do not eat (the offerings) of a man who keeps dogs, nor of him whose (only) wife is of the Stdra caste, nor of him who lives in subjection to his wife, nor of (a husband) who (permits) a paramour (of his wife to reside) in his house.’
12. He may accept (the following presents even) from such (people, viz.) firewood, water, fodder, Kusa grass, parched grain, (food) given without asking, a vehicle, (shelter in) the house, small fish, millet, a garland, perfumes, honey, and meat.
13. Now they quote also (the following verse): ‘For the sake of a Guru, when he desires to save his wife (and family from starvation), when he wishes to honour the gods or guests, he may accept (presents) from anybody; but let him not satisfy his (own hunger) with such (gifts).’
of the MSS. yaskopapatim [pattim F.] manyate, instead of B.’s and Krishnapandita’s yaskopari manyate.
9. Apastamba I, 6, 18, 17.
to. Vishzu LI, 7. ‘And so forth (iti), i.e. by cruel men and the like.’—Krishvapandita.
11. Vish#u LI, 15.
12. Gautama XVII, 3; Vishvu LVII, ro.
13. Vishwu LVII, 13; Manu IV, 251.
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9. Apastamba I, 6, 18, 17.
to. Vishzu LI, 7. ‘And so forth (iti), i.e. by cruel men and the like.’—Krishvapandita.
11. Vish#u LI, 15.
12. Gautama XVII, 3; Vishvu LVII, ro.
13. Vishwu LVII, 13; Manu IV, 251.
p. 71
14. Food given by a hunter who uses the bow must not be rejected.
15. For it is declared in the Veda, ‘ At a sacrificial session (sattra), which lasted one thousand years, Agastya went out to hunt. He had sacrificial cakes prepared with the meat of beasts and fowls good (to eat).’
16. With reference to this (subject) they quote also some verses proclaimed by Pragdpati, ‘ Pragépati (the Lord of created beings) has declared that food freely offered and brought (by the giver himself) may be eaten, though (the giver) be a sinful man, provided the gift has not been asked for beforehand.’
17. ‘Food offered by a man who has faith must certainly be eaten, even though (the giver) be a thief, but not that given by (a Brahmaza) who sacrifices for many and who initiates many.’
18. ‘The manes do not eat during fifteen years (the food) of that man who disdains a (freely offered gift), nor does the fire carry his offerings (to the gods).’
19. ‘ Butalms, though offered without asking, must not be accepted from a physician, from a hunter, from a surgeon or a (very) wicked man, from a eunuch, and from a faithless wife.’
20. Fragments of food left by other persons than the teacher must not be eaten,
21. Nor remnants of one’s own (meal) and food touched by leavings,
15. Manu V, 22-23. I connect vigfdyate with this Sfitra, instead of with the preceding one, as Krishzapandita does.
16. Vishvu LVII, 11; Manu IV, 248; Apastamba I, 6, 19, 14.
18. Vishvu LVII, 12; Manu IV, 249; Apastamba I, 6, 19, 14.
19. Apastamba I, 6, 19, 15. 20. Vishwu XXVIII, 11.
p. 22
22. Nor (food) defiled by contact with a garment, hair, or insects.
23. But at pleasure he may use (such food) after taking out the hair and the insects, sprinkling it with water, dropping ashes on it, and (after it has been declared) fit for use by the word (of a Brahmaza).
24. With reference to this (subject) they quote also some verses proclaimed by Pragapati, ‘The gods created for Brahmazas three means of purifying (defiled substances), viz. ignorance (of defilement), sprinkling (them) with water, and commending (them) by word of mouth.’
25, ‘Let him not throw away that food which, at a procession with images of the gods, at weddings, and at sacrifices, is touched by crows or dogs.’
26. ‘After the (defiled) portion has been removed, the remainder shall be purified, liquids by straining them, but solid food by sprinkling it with water.’
27. ‘What has been touched by the mouth of a cat is even pure.’
28. (Cooked food which has become) stale (by being kept), what is naturally bad, what has been placed once only in the dish, what has been cooked more than once, raw (food), and (food) insufficiently cooked (must not be eaten).
‘What has been touched by the mouth of a cat is even pure.’
28. (Cooked food which has become) stale (by being kept), what is naturally bad, what has been placed once only in the dish, what has been cooked more than once, raw (food), and (food) insufficiently cooked (must not be eaten).
29. But at pleasure he may use (such food) after pouring over it sour milk or clarified butter.
22, Apastamba I, 5,16, 28; Gautama XVII, 9.
23. Vishnu XXIII, 38; Yagmavalkya I, 189.
24. YAagiavalkya I, 191.
26. Vish#wu XXIII, 30. Krzshvapandita thinks that plavanena, ‘by straining them (through a cloth),’ may also mean ‘by heating them on the fire.’
28, Gautama XVII, 13, and note, 15-16.
29. Manu V, 24. ,
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30. With reference to this (subject) they quote also some verses proclaimed by PragApati, ‘A Brahmaza shall not eat clarified butter or oil which drips from the nails (of the giver), Yama has declared such (food to be) impure; (to eat it is as sinful) as to partake of cow's flesh.’
31. ‘But fatty substances, salt, and condiments proffered with the hand do not benefit the giver, and he who partakes of them will eat sin.’
32. ‘Let him give, therefore, such substances placed on a leaf or on grass, but never with his hands or in an iron vessel.’
33. For eating garlic, onions, mushrooms, turnips, SileshmAantaka, exudations from trees, the red sap flowing from incisions(in trees or plants), food pecked at by crows or worried by dogs, or the leavings of a Sadra, an Atikrzékhra (penance must be performed).
34. (Let him not drink) the milk of a cow that is in heat, nor of one whose calf has died,
35. Nor that which cows, buffalo-cows, and goats give during the first ten days (after giving birth to young ones),
36. Nor water collected at the bottom of a boat.
37. Let him avoid wheat-cakes, (fried) grain, porridge, barley-meal, pulse-cakes, oil, rice boiled in milk, and vegetables that have turned sour (by standing),
33. Vishnu LI, 34, 36; Gautama XVII, 32-33. Regarding the Atikrzkéhra penance, see below, XXIV, 1.
34. Vishnu LI, 40. For other explanations of the term sandhini, ‘a cow that is in heat,’ see Apastamba I, 5,17, 23; Vishnu LI, 40.
35. Vishzu LI, 39. The Sftra implies that the milk of other animals must not be drunk under any circumstances.
37-38. Vishnu LI, 35, 42.
p. 38
38. Likewise other kinds of (sour) food prepared with milk and barley-flour.
39. Among five-toed animals, the porcupine, the hedgehog, the hare, the tortoise, and the iguana may be eaten,
40. Among (domestic) animals those having teeth in one jaw only, excepting camels.
41. And among fishes, the long-nosed crocodile, the Gavaya, the porpoise, the alligator, and the crab (must not be eaten),
42. Nor those which are misshaped or have heads like snakes,
43. Nor the bos Gaurus, the Gayal, and the Sarabha,
44. Nor those that have not been (specially mentioned (as fit for food),
Nor those which are misshaped or have heads like snakes,
43. Nor the bos Gaurus, the Gayal, and the Sarabha,
44. Nor those that have not been (specially mentioned (as fit for food),
45. Nor milch-cows, draught-oxen, and animals whose milk teeth have not dropped out.
46. It is declared in the Vagasaneyaka, that (the flesh of) milch-cows and oxen is fit for offerings.
47. But regarding the rhinoceros and the wild boar they make conflicting statements.
48. And among birds, those who seek their food
. by scratching with their feet, the web-footed ones, the Kalavinka, the water-hen, the flamingo, the
39. Gautama XVII, 27. Haradatta on Apastamba and Gautama explain svavidh, ‘the porcupine,’ to be a kind of boar, and salyaka, ‘the hedgehog,’ to be ‘the porcupine.’
40. Vishzu LI, 30; Manu V, 18.
41-42. Gautama XVII, 36; Apastamba I, 5, 17, 38-39.
43- Apastamba I, 5,17, 29. 44. Manu V, 11, 17.
45. Gautama XVII, 30-31. 46. Apastamba I, 5,17, 31.
48. Gautama XVII, 34-35; Vishvu LI, 28-31. I read mandhala, ‘the flying fox,’ while Krishwapandita gives maghara, a
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Brahmazi duck, the BhAsa, the crow, the blue pigeon, the osprey, the A4taka, the dove, the crane, the _ black partridge, the grey heron, the vulture, the falcon, the white egret, the ibis, the cormorant, the peewit, the flying-fox, those flying about at night, the woodpecker, the sparrow, the Raildtaka, the green pigeon, the wagtail, the village-cock, the parrot, the starling, the cuckoo, those feeding on flesh, and those living about villages (must not be eaten).
CHAPTER XV.
1. Man formed of uterine blood and virile seed proceeds from his mother and his father (as an effect) from its cause,
2. (Therefore) the father and the mother have power to give, to sell, and to abandon their (son).
3. But let him not give or receive (in adoption) an only son;
4. For he (must remain) to continue the line of the ancestors.
5. Let a woman neither give nor receive a son except with her husband’s permission.
6. He who desires to adopt a son, shall assemble] ee reading which he cannot explain. The MSS. read as follows: B. E. magh4ra, Bh. F. madham, I. O. 913 (Asibh)4ndha (naktam). Haradatta on Apastamba I, 5,17, 33 explains plava, ‘the waterhen,’ to be a kind of heron, called also saka/abila.
XV. 1-9. Vyavah4ramayfkha IV, 5,16; Colebrooke V, Digest CCLXXIII; Dattakamim4msa IV, 14; V, 31-40.
3. Colebrooke, Mitékshar4 I, 11,11; Dattakamimamsa IV, 2-3.
4. Dattakamim4ms4 IV, 4. I.e. to offer funeral sacrifices to his ancestors and to have sons who do it after him.
5. Dattakamim4msa I, 15; IV, 9.
6. Colebrooke, Mitaékshara I, 11, 13, and note; Dattakamip. 7his kinsmen, announce his intention to the king, make burnt-offerings in the middle of the house, reciting the Vy4hvztis, and take (as a son) a not remote kinsman, just the nearest among his relatives.
6. Colebrooke, Mitaékshara I, 11, 13, and note; Dattakamip. 7his kinsmen, announce his intention to the king, make burnt-offerings in the middle of the house, reciting the Vy4hvztis, and take (as a son) a not remote kinsman, just the nearest among his relatives.
7. But if a doubt arises (with respect to an adopted son who is) a remote kinsman, (the adopter) shall set him apart like a Sddra.
8. For it is declared in the Veda, ‘ Through one he saves many.’
g. If, after an adoption has been made, a legitimate son be born, (the adopted son) shall obtain a fourth part,
10. Provided he be not engaged in (rites) procuring prosperity.
mamsa II, 51; Dattakakandrika II, 11. ‘To the king,’ i.e. to the person who holds the village, either to the king of the country or to the feudal chief (Thakor) who holds it under the sovereign. ‘Reciting the Vy4hrttis,’ i.e. saying with the first oblation Om bhf% svaha, with the second Om bhuva/ svaha, with the third Om svahk svaha, and with the fourth Om bh., bh., sv. svaha; see Vyavaharamayfikha IV, 5, 42. ‘A not remote kinsman, just the nearest among his relatives,’ i.e. a boy as nearly related as possible, in the first instance a Sapinda, on failure of such a one, a Samanodaka or a Sagotra.
4. Dattakamim4msa II, 18; Dattakafandrika II, 11. ‘Ifa doubt arises,’ i.e. if the adopter afterwards feels uncertain regarding the caste or other qualifications of his adopted son. ‘Set him apart like a Sfidra,’ i.e. shall neither have him initiated nor employ him for any sacred rites.
8. Dattakafandrika II, rz.
g. Colebrooke, Mitaékshard I, 11, 24. Dattakamimfms4 X,1; Dattakafandrika II, 11; V,17. For the explanation of the term ‘a fourth part, see Colebrooke, Mitakshara I, 77.
1o. ‘Rites procuring prosperity,’ i.e. Sraddhas, expiatory rites, &c. See also above, III, 71, and Gautama XI,17. According to Krishnapandita the estate is in this case to be divided equally between the legitimate son and the adopted son. An entirely
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, 11. He who divulges the Veda (to persons not authorised to study it), he who sacrifices for Sidras, (and all those) who have fallen from the rank of the highest caste (shall be excommunicated by the ceremony of) emptying the water-vessel.
12. A slave or the son of a wife of a lower caste, or a relative not belonging to the same caste, who is destitute of good qualities, shall fetch a broken pot from a heap of vessels unfit for use, place Kusa grass, the tops of which have been cut off, or Lohita grass (on the ground), and empty the pot for the (outcast, overturning it) with his left foot;
13. And the relatives of the (outcast), allowing their hair to hang down, shall touch him who empties (the pot).
14. Turning (when they leave) their left hands towards (that spot), they may go home at pleasure.
15. Let them not afterwards admit the (excommunicated person) to sacred rites.
And the relatives of the (outcast), allowing their hair to hang down, shall touch him who empties (the pot).
14. Turning (when they leave) their left hands towards (that spot), they may go home at pleasure.
15. Let them not afterwards admit the (excommunicated person) to sacred rites.
16. Those who admit him to sacred rites become his equals.
17. But outcasts who have performed (the prescribed) penance (may be) readmitted.
18. Now they quote also (the following verse):
different explanation, ‘Provided (the estate) may not have been expended in acts of merit,’ is given Dattakakandrika V, 17-18. It is doubtlessly erroneous, for ‘ the estate’ is nowhere mentioned in the preceding Sfitras.
11. Gautama XX, 1.
12. Gautama XX, 4. ‘For the (outcast),’ i. e. pronouncing his . name, and saying, ‘I deprive N. N. of water.’
13. Gautama XX, 5. Krishvapandita takes the Sftra differently, but his explanation is refuted by the parallel passage of Gautama and Haradatta’s commentary thereon.
14. Gautama XX, 7. 15. Gautama XX, 89.
p. 19
‘Let him walk before those who readmit him, like one gamboling and laughing. Let him walk behind those who excommunicate him, like one weeping and sorrowing.’
19. Those who strike their teacher, their mother, or their father may be readmitted in the following manner, either after being pardoned by the (persons offended) or after expiating their sin.
20. Having filled a golden or an earthen vessel (with water taken) from a sacred lake or river, they pour (the water) over him, (reciting the three verses) ‘Ye waters are’ &c.
21. All the (other ceremonies to be performed on the) readmission of one who has bathed (in this manner) have been explained by (those ordained on) the birth of a son.
CuaPTer XVI.
1. Now (follow the rules regarding) legal proceedings.
2. Let the king (or) his minister transact the business on the bench.
3. When two (parties) have a dispute, let him not be partial to one of them.
20, Gautama XX, ro-14. I read ‘pumyahradat,’ instead of ‘ pfirsahradat,’ as the MSS. and Krishnapandita have. The passage of the Veda referred to occurs Rig-veda X, 9, 1.
21. I.e. the person readmitted shall receive all the various sacraments just like a new-born child.
XVI. 2. Vishwu III, 72-73. Krishzapandita gives a second explanation of the Sfitra, which also appears admissible, ‘Let the king transact the business on the bench, taking counsel (with learned Brahmamas as assessors) ;’ see Vishvu III, 72.
3. Translated as above the Sfitra is nearly equivalent to Gautama
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4. Let him reason properly regarding an offence ; finally the offence (will become evident thereby).
5. He who properly reasons regarding an offence, in accordance with the sum of the science of the first two castes, is equitable towards all created beings.
6. And let him protect what has been gained ;
7. (Likewise) the property of infants (of the) royal (race).
5. He who properly reasons regarding an offence, in accordance with the sum of the science of the first two castes, is equitable towards all created beings.
6. And let him protect what has been gained ;
7. (Likewise) the property of infants (of the) royal (race).
XI, 5. But the phrase ‘when two parties have a dispute’ may also indicate, as Krishnapandita suggests, that the king or judge shall not promote litigation, see Gautama XIII, 27. As Krishnapandita states, the Sftra may, however, mean also, ‘ When one case is being argued, let him not begin another (without finishing the first) ;’ see Manu VIII, 43. Owing to the particular nature of the Sftra style and the inclination of the Brahmanical mind to doubleentendres, I do not think it improbable that the author may have intended, both in this and in the preceding Sftras, that his words should be interpreted in two ways.
4. Gautama XI, 23-24. I divide the words of the text, as follows, ‘yathasanam (i.e. yatha-dsanam) aparadhohi; antena aparadhad,’ and interpolate syat at the end of the first clause.
5. Krishnapandita wrongly divides this Sftra into two, and wrongly adopts the reading of MSS. B. and E., consequently he obtains a sense only by the most astonishing tricks of interpretation. I read with MSS. Bh. and F., yathasanam aparadhohyadyavarnayor vidy4ntatak, to which the reading of I. O. 913 4dyavarnayor vidhanata’ points also. The meaning of the expression, ‘according to the sum of the science of the first two castes,’ I take to be according to the rules of sacred learning and of the mimams4, which is peculiar to the Brahmamas and of logic (4nvikshiki) and polity (dazdaniti), which are peculiar to or at least recommended to the particular attention of the Kshatriyas.
6. Iread with MSS. Bh. and F., sampannam ha rakshayet. I consider this Stra to contain an admonition addressed to the king for himself; see Manu VII, 99. Krzshzapandita and B. read sapattram ka rakshayet, ‘Let him protect that which is attested by writings,’ i.e. the donations of former kings, attested by writings; see Vishzu III, 83.
4. Krishnapandita thinks that the rule refers to the property of
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8. (Likewise the property) of persons unfit to transact legal business (minors, widows, and so forth).
g. But if (a minor) comes of age, his property must be made over to him.
10. ‘It is declared in the Smvzti that there are ‘three kinds of proof which give a title to (property, viz.) documents, witnesses, and possession ; (thereby) an owner may recover property which formerly belonged to him (but was lost).’
11. From fields through which (there is a right of) road (a space sufficient for the road) must be set apart, likewise a space for turning (a cart).
12. Near new-built houses (and) other things (of the same description there shall be) a passage three feet broad.
13. In a dispute about a house or a field, reliance (may be placed on the depositions of) neighbours.
12. Near new-built houses (and) other things (of the same description there shall be) a passage three feet broad.
13. In a dispute about a house or a field, reliance (may be placed on the depositions of) neighbours.
14.’ If the statements of the neighbours disagree, documents (may be taken as) proof.
the infant children of a hostile king who has been conquered and slain. It is, however, not improbable that it has a wider sense, and exhorts the king to look after the property of the children of his predecessor and of deceased feudal barons.
8-9. Gautama X, 48; Vishau III, 65.
to. YAgwavalkya II, 22.
11. Krishnvapandita quotes in illustration of this Sfitra the following passage of Sankha and Likhita: ‘In a field through which (there is a right of) road, (space) for the road must be set apart, and on the king’s high-road a space sufficient for turning a chariot.’
12. Arthantareshu, ‘near other things (of the same description),’ means, according to Kr:shzapandita, ‘near pleasure-gardens and the like.’ No doubt, buildings of all kinds, fenced or walled gardens, and so forth are meant. I read tripadamatram.
13. Manu VIII, 258, 262; Yagmavalkya II, 150, 152, 154.
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15. Ifconflicting documents are produced, reliance (may be placed) on (the statements of) aged (inhabitants) of the village or town, and on (those of) guilds and corporations (of artisans or traders).
16. Now they quote also (the following verse) : ‘Property inherited from a father, a thing bought, a pledge, property given to a wife after marriage by her husband’s family, a gift, property obtained for performing a sacrifice, the property of reunited coparceners, and wages as the eighth.’
17. Whatever belonging to these (eight kinds of property) has been enjoyed (by another person) for ten years continuously (is lost to the owner).
18. They quote also (a verse) on the other side: ‘A pledge, a boundary, and the property of minors, an (open) deposit, a sealed deposit, women, the property of a king, (and) the wealth of a Srotriya are not lost by being enjoyed (by others).’
19. Property entirely given up (by its owner) goes to the king.
20. If it be otherwise, the king with his ministers and the citizens shall administer it.
15. Manu VIII, 259.
16. In translating anvadheya by ‘property given to a wife by her husband or his family after marriage,’ I have followed Krzshnapandita’s explanation. It may, however, mean also ‘a deposit to be delivered to a third person’ (anvahita or anvadhi). Pratigraha, ‘a gift,’ is elsewhere explained as ‘property promised, but not actually given.’
17. YAgiavalkya II, 24; see also Vishnu V, 187; Manu VIII, 148.
18. Identical with Manu VIII, 149; Yagfavalkya II, 25.
1g. Manu VIII, 30.
20. ‘If it be otherwise,’ i.e. if the owner gave his property up temporarily only, e. g. went on a journey or a pilgrimage, leaving it without anybody to take care of.