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 5 of 13
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.
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21, A king will be superior even to Brahman if I he lives surrounded by servants (who are keen-eyed) like vultures.
22. But a king will not be exalted if he lives sur-
/ rounded by servants (who are greedy) like vultures.
23. Let him live surrounded by servants (who are keen-eyed) like vultures, let him not be a vulture surrounded by vultures.
24. For through his servants blemishes become manifest (in his kingdom),
25. (Such as) theft, robbery, oppression, and (so forth).
26. Therefore let him question his servants beforehand.
27. Now (follow the rules regarding) witnesses :
28, Srotriyas, men of unblemished form, of good character, men who are holy and love truth (are fit to be) witnesses,
29. Or (men of) any (caste may give evidence) regarding (men of) any (other caste).
30. Let him make women witnesses regarding women; for twice-born men twice-born men of the same caste (shall be witnesses), and good Sfidras for Sfidras, and men of low birth for low-caste men.
31. Now they quote also (the following verse): ‘A son need not pay money due by a surety, anything idly promised, money due for losses at play or for spirituous liquor, nor what remains unpaid of a fine or a toll.’
32. ‘Depose, O witness, according to the truth ; expecting thy answer, thy ancestors hang in suspense;
28. Vishvu VIII, 8; Yagavalkya II, 68; Manu VIII, 62-63.
2g. VAgiiavalkya II, 69. 30. Manu VIII, 68.
31. Vishvu VI, 41; Manu VIII, 159; YAgfavalkya II, 47.
XVI, 36. LEGAL PROCEDURE.
(in accordance with its truth or falsehood) they will rise (to heaven) or fall (into hell).’
33. ‘Naked and shorn, tormented with hunger and thirst, and deprived of sight shall the man who gives false evidence go with a potsherd to beg food at the door of his enemy.’
34. ‘He kills five by false testimony regarding a maiden; he kills ten by false testimony regarding kine; he kills a hundred by false evidence regarding a horse, and a thousand by false evidence regarding a man,’
35. (Men) may speak an untruth at the time of marriage, during dalliance, when their lives are in danger or the loss of their whole property is imminent, and for the sake of a Brdhmaza; they declare that an untruth spoken in these five cases does not make (the speaker) an outcast.
36. Those who give partial evidence in a judicial proceeding for the sake of a relative or for money, deprive the ancestors of their spiritual family and those of their natural family of their place in heaven.
33. Identical with Manu VIII, 93.
34. Identical with Manu VIII, 98. Regarding the explanation of the words ‘he kills, see Manu VIII, 97, and Haradatta on Gautama XIII, 14.
33. Identical with Manu VIII, 93.
34. Identical with Manu VIII, 98. Regarding the explanation of the words ‘he kills, see Manu VIII, 97, and Haradatta on Gautama XIII, 14.
35. Gautama XXIII, 29. Between this and the preceding Sftras the MSS. as well as Krishvapandita insert another one, which is so corrupt that I am unable to translate it. Kvrishnapandita’s explanation is opposed to all rules of interpretation, and not worth giving.
36. This verse, too, is corrupt, though the general sense is not doubtful. I read svaganasy4rthe yadi varthahetoh pakshasrayenaiva vadanti karyam—te sabdavamsasya kulasya pfirvan svargasthitamstanapi patayanti. ‘The ancestors of their spiritual family,’ i. e. the teacher, the teacher’s teacher, and so forth.
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CuapTer XVII.
1. The father throws his debts on the (son) and obtains immortality if he sees the face of a living son.
2. It is declared in the Veda, ‘Endless are the worlds of those who have sons; there is no place for the man who is destitute of male offspring.’
3. There is a curse (in the Veda), ‘May our enemies be destitute of offspring.’
4. There is also (the following) passage of the Veda, ‘May I obtain, O Agni, immortality by offspring.’
5. ‘ Through a son he conquers the worlds, through a grandson he obtains immortality, but through his son’s grandson he gains the world of the sun.’
6. There is a dispute (among the wise; some say), ‘The son belongs to the husband of the wife;’ (and some say), ‘ The son belongs to the begetter.’
7. With respect to this (matter) they quote also on both sides verses like the following :
8. (Some say), ‘If (one man’s) bull were to beget a hundred calves on another man’s cows, they would belong to the owner of the cows; in vain would the bull have spent his strength.’
XVII. 1. Identical with Vishvu XV, 45; Manu IX, 107; Colebrooke V, Dig. CCCIV.
2. The latter part of the quotation occurs Aitareya-brahmaza VII, 3, 9.
3. Rig-veda I, 21, 5. Rig-veda V, 4, 10; Taittiriya-samhita I, 4, 46, 1. Identical with Manu IX, 137, and Vishau XV, 46. The same point is argued Manu IX, 31-56. Identical with Manu IX, 50.
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g. (Others say), ‘Carefully watch the procreation of your offspring, lest strangers sow seed on your soil; in the next world the son belongs to the begetter; (by carelessness) a husband makes (the possession of) offspring in vain.’
10. If amongst many brothers who are begotten by one father, one have a son, they all have offspring through that son; thus says the Veda.
11. If among many wives of one husband, one have a son, they all have offspring through that son; thus says the Veda.
12. Twelve (kinds of) sons only are noticed by the ancients.
13. The first (among these is the son) begotten by the husband himself on his legally married wife.
14. The second is the son of a wife (who is begotten) on failure of the (first) on a (wife or widow duly) authorised (thereto, by a kinsman).
13. The first (among these is the son) begotten by the husband himself on his legally married wife.
14. The second is the son of a wife (who is begotten) on failure of the (first) on a (wife or widow duly) authorised (thereto, by a kinsman).
15. The third is an appointed daughter.
9. Apastamba II, 6, 13, 7.
to. Vishnu XV, 42. 11. Vishzu XV, 41.
12. Colebrooke V, Dig. CXCIII; Vishvu XV, 1. Elsewhere the expression puramadrish/4h, ‘noticed by the ancients,’ has been taken to mean ‘seen in the Purdza’ (‘the holy writ,’ Colebrooke).
13. Colebrooke V, Dig. CXCIII; Vishau XV, 2.
14. Colebrooke V, Dig. CCXXX; Vishnu XV, 3.
15. Colebrooke V, Dig. CCIII; Mitaksharé I, 11, 3; Vyavahara Mayfkha IV, 4, 43. The curious fact that Vasish/ka here calls the appointed daughter a son may perhaps be explained by a custom which, though rarely practised, still occurs in Kasmfr, and by which a brotherless maiden is given a male name. A historical instance of this kind is mentioned in the Ragatarangini, where it is stated that Kalydzadevi, princess of Gauda and wife of king GayApida, was called by her father Kalyazamalla. When I collated this passage with the help of a Kasmirian, I was told that a certain Brahmas, still living in Srinagar, had changed the
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16. It is declared in the Veda, ‘A maiden who has no brothers comes back to the male ancestors (of her own family); returning she becomes their son.’
17. With reference to this (matter there is) a verse (to be spoken by the father when appointing his daughter), ‘I shall give thee a brotherless damsel, decked with ornaments; the son whom she may bear, shall be my son.’
18. The fourth is the son of a remarried woman.
19. She is called remarried (punarbhd) who leaving the husband of her youth, and having lived with others, re-enters his family;
20. And she is called remarried who leaving an impotent, outcast or mad husband, or after the death of her husband takes another lord.
21. The fifth is the son of an unmarried damsel.
22. They declare that the son whom an unmarried damsel produces through lust in her father’s house, is the son of his maternal grandfather.
name of his only child, a daughter called Amri, to the corresponding masculine form, Amargf, in order to secure to himself through her the same spiritual benefits as if he had a son. It seems to me not improbable that VasishéAa’s Sftra alludes to the same legal fiction, and that he recommends in the first instance that the father is to make his daughter a son by changing her name, and next to secure for himself her son, by the verse quoted Sftra 17.
16. Colebrooke V, Dig. CCIII, where the preceding Sftra has been placed after this. Compare Rig-veda I, 124, 5.
17. Colebrooke V, Dig. CCXVI; Mitakshara I, 11, 3; Dayabhaga X, 4; Vyavahara Mayfkha IV, 4, 43; Vishau XV, 5.
18. Vishnu XV, 7.
19. Narada XII, 48 (Jolly), where, however, kaumaram patim has been wrongly translated by ‘an infant husband.’
20. Manu IX, 175.
Compare Rig-veda I, 124, 5.
17. Colebrooke V, Dig. CCXVI; Mitakshara I, 11, 3; Dayabhaga X, 4; Vyavahara Mayfkha IV, 4, 43; Vishau XV, 5.
18. Vishnu XV, 7.
19. Narada XII, 48 (Jolly), where, however, kaumaram patim has been wrongly translated by ‘an infant husband.’
20. Manu IX, 175.
21. Colebrooke V, Dig. CCLIX; Vishzu XV, 10.
22. Colebrooke V, Dig. CCLIX; Vishzu XV, 11.
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23. Now they quote also (the following verse) : ‘If an unmarried daughter bear a son begotten by a man of equal caste, the maternal ‘grandfather has a son through him; he shall offer the funeral cake, and take the wealth (of his grandfather).’
24. (A male child) secretly born in the house is the sixth.
25. They declare that these (six) are heirs and kinsmen, preservers from a great danger.
26. Now among those (sons) who are not heirs, but kinsmen, the first is he who is received with a pregnant bride.
27. (The son of a damsel) who is married pregnant (is called) a son received with the bride (sahodha).
28. The second is the adopted son,
29. (He) whom his father and his mother give (in adoption).
30. (The son) bought is the third.
31. That is explained by (the story of) Sunasepa.
a ‘Hariskandra, forsooth, was a king. He bought the son of Agigarta Sauyavasi.
33. The fourth is (the son) self-given.
24. Vishnu XV, 13.
25. ‘From a great danger,’ i.e. ‘from the danger of losing heaven through failure of the funeral oblations.’
26. Vishnu XV, 15. 28. Vishnu XV, 18.
29. Vishnu XV, 19. 30. Vishzu XV, 20.
32. The MSS. and editions read the last word of the Sftra as follows: B. vikriyya; Ben. ed. vikriya; Bh. E. F. vikradya; Calc. ed. and I. O. 913 vikrayya svayam kritavan. I believe that, as the letters 4a and va are constantly mistaken by the copyists the one for the other, the original reading was Aikraya. Regarding the story told in this Stra and continued below, Sfitra 35, see Max Miller, History of Ancient Sanskrit Literature, pp. 408-416 and 573-588.
33. Vishwu XV, 22.
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34. That is (likewise) explained by (the story of) Sunahsepa.
35. ‘Sunaksepa, forsooth, when tied to the sacrificial stake, praised the gods; there the gods loosened his bonds. To him spoke (each of) the officiating priests, “He shall be my son.” He did not agree to their (request. Then) they made him make (this) agreement, “He shall be the son of him whom he chooses.” Visva4mitra was the Hotvz priest at that (sacrifice). He became his son.’
36. The son cast off is the fifth.
37. (He is called so) who, cast off by his father and his mother, is received (as a son).
38. They declare that the son of a woman of the Sfidra caste is the sixth. These (six) are kinsmen, not heirs. ;
39. Now they quote also (the following rule): ‘These (last-mentioned) six (sons) shall take the heritage of him who has no heir belonging to the first-mentioned six (classes).
38. They declare that the son of a woman of the Sfidra caste is the sixth. These (six) are kinsmen, not heirs. ;
39. Now they quote also (the following rule): ‘These (last-mentioned) six (sons) shall take the heritage of him who has no heir belonging to the first-mentioned six (classes).
40. Now (follow the rules regarding) the partition of the (paternal) estate among brothers :
41. And (let it be delayed) until those (widows) who have no offspring, (but are supposed to be pregnant), bear sons,
51. Colebrooke V, Dig. LXXV, CXXXVIII, CCCLVI; Déyabhaga II, 41; Vyavahara Mayfikha IV, 7, 8. ‘ By his own effort,’ i.e. by learning or disputations with learned men, by bravery in battle, &c.
52. Colebrooke V, Dig. CCCXXXVIII; Mitékshara II, 8, 7; 10,3; Vyavahara Mayfkha IV, 11,5. The persons intended are a perpetual student, a hermit, and ascetic.
53. Vyavahara Mayfikha IV, 11, 10.
54. Vyavahara Mayfkha IV,11, 10; Vishzu XV, 33.
55. ‘Practising religious vows,’ i.e. ‘eating only once a day, and so forth. —Krzshnapandita.
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on the ground during six months, practising religious vows and abstaining from pungent condiments and salt.
56. After the completion of six months she shall bathe, and offer a funeral oblation to her husband. (Then) her father or her brother shall assemble the Gurus who taught or sacrificed (for the deceased) and his relatives, and shall appoint her (to raise issue to her deceased husband).
57. Let him not appoint a (widow who is) mad, ill-conducted, or diseased,
58. Nor one who is very aged.
(Then) her father or her brother shall assemble the Gurus who taught or sacrificed (for the deceased) and his relatives, and shall appoint her (to raise issue to her deceased husband).
57. Let him not appoint a (widow who is) mad, ill-conducted, or diseased,
58. Nor one who is very aged.
59. Sixteen years (after maturity is the period for appointing a widow);
60. Nor (shall an appointment be made) if the (male entitled to approach the widow) is sickly.
61. Let him approach (the widow) in the muh irta sacred to Prag4pati, (behaving) like a husband, without (amorously) dallying with her, and without abusing or ill-treating her.
62. Let her obtain (the expenses for) food, raiment, baths, and unguents from (the estate of) her former (husband).
63. They declare that a son begotten on (a widow who has) not been (duly) appointed, belongs to the begetter.
56. Gautama XVIII, 4-7. The Gurus intended are the teacher, sub-teachers (upadhyaya), and officiating priests.
57. Avasdm, ‘ill-conducted,’ may also mean ‘out of her mind through grief or any other passion.’ The former explanation has been adopted by Krzshnapazdita, whom I have followed above.
61. Manu IX, 60. Regarding the muhfrta sacred to Prag4pati, see above, XII, 47.
63. Gautama XVIII, 9-12.
XVII, 70. INHERITANCE, g!I
64. If she was (appointed, the child belongs) to both the males connected with the appointment.
65. No appointment (shall be made) through a desire to obtain the estate.
66. Some say, ‘Or, one may appoint (a widow out of covetousness), after imposing a penance.’
67. A maiden who has attained puberty shall wait for three years.
68. After three years (have passed), she may take a husband of equal caste.
69. Now they quote also (the following verses) : ‘But if through a father’s negligence a maiden is here given away after the suitable age has passed, she who was waiting (for a husband) destroys him who gives her away, just as the fee which is paid too late to the teacher (destroys the pupil).’
70. ‘Out of fear of the appearance of the menses let the father marry his daughter while she still runs about naked. For if she stays (in the house) after the age of puberty, sin falls on the father.’
64. Gautama XVIII, 13. ‘To both the males connected with the appointment,’ i.e. to the deceased husband for whose sake the appointment is made, and to the natural father of the child, to whom the widow is made over.
65. Colebrooke, Mitakshara II, 1, 11. Krishnapandita thinks that the Sdtra forbids an appointment which is made with the intention to secure the estate or a share of the estate of the natural father, from whom the kshetraga son inherits also (Yagiavalkya II, 127). But it seems equally probable that it is intended to prevent a widow from agreeing to an appointment in order to obtain control over her husband’s estate.
66. Krishnapandita thinks that the rule refers to all cases of appointment.
_ 67-68. Vishau XXIV, 40, and note.
yo. Gautama XVIII, 23.
But it seems equally probable that it is intended to prevent a widow from agreeing to an appointment in order to obtain control over her husband’s estate.
66. Krishnapandita thinks that the rule refers to all cases of appointment.
_ 67-68. Vishau XXIV, 40, and note.
yo. Gautama XVIII, 23.
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71, ‘As often as the courses of a maiden, who is filled with desire, and demanded in marriage by men of equal caste, recur, so often her father and her mother are guilty of (the crime of) slaying an embryo; that is a rule of the sacred law.’
72. ‘If the betrothed of a maiden die after she has been promised to him verbally, and by (a libation of) water, but before she was married with (the recitation of) sacred texts, she belongs to her father alone.’
73. ‘Ifa damsel has been abducted by force, and not been wedded with sacred texts, she may lawfully be given to another man; she is even like a maiden.’
74. ‘Ifa damsel at the death of her husband had been merely wedded by (the recitation of) sacred texts, and if the marriage had not been consummated, she may be married again.’
75. The wife of an emigrant shall wait forfive years.
76. After five years (have passed), she may go (to seek) her husband.
77. If for reasons connected with spiritual or with money matters she be unwilling to leave her home, she must act in the same manner as if (her husband were) dead.
78. In this manner a wife of the Brahmama caste who has issue (shall wait) five years, and one who has no issue, four years; a wife of the Kshatriya caste who has issue, five years, and one who has no issue, three years; a wife of the Vaisya caste who
71. Colebrooke IV, Dig. XVI; Dayabhaga XI, 2, 6; Vagvavalkya I, 64.
42. Colebrooke IV, Dig. CLXXIV.
75-76. Colebrooke IV, Dig. CLVI, where the Sftras have been altered intentionally; Gautama XVIII, 15-12.
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has issue, four years, and one who has no issue, two years; a wife of the Sadra caste who has issue, three years, and one who has no issue, one year.
79. After that among those who are united (with her husband) in interest, or by birth, or by the funeral cake, or by libations of water, or by descent from the same family, each earlier named person is more venerable than the following ones.
80. But while a member of her family is living, she shall certainly not go to a stranger.
81. Let the Sapizdas or the subsidiary sons divide the heritage of him who has no heir of the firstmentioned six kinds.
82. On failure of them the spiritual teacher and a pupil shall take the inheritance.
83. On failure of those two the king inherits.
84. But let the king not take (the estate) of a Brahmamza.
85. For the property of a Brahmana is a terrible poison.
86. ‘Poison they do not call the (worst) poison; the property of a Brahmaza is said to be the (most destructive) poison. Poison destroys only one person, but the property of a Brahmaza (him who takes it) together with sons and grandsons.’
85. For the property of a Brahmana is a terrible poison.
86. ‘Poison they do not call the (worst) poison; the property of a Brahmaza is said to be the (most destructive) poison. Poison destroys only one person, but the property of a Brahmaza (him who takes it) together with sons and grandsons.’
49. The persons intended are, (1) brothers united in interest with her husband and other coparceners, (2) separated brothers of the husband, (3) separated blood-relations of the husband within six degrees, (4) separated blood-relations of the husband within fourteen degrees, and (5) persons bearing the same family name or, in the case of Brahmamas, descended from the same Aishi.
81. Gautama XXVIII, 21; Vishvu XVII, 10. The subsidiary sons are those mentioned above, 26-38, who under ordinary circumstances do not inherit ; see also above, Sfitra 39, and Gautama XXVIII, 34.
82. Apastamba II, 6,14, 3. 83-84. Vishvu XVII, 13.
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87. He should give it to men who are well versed in the three Vedas.
Cuarpter XVIII.
1. They declare that the offspring of a Sddra and of a female of the Brahmaza caste becomes a KAndAla,
2. (That of a Sfidra and) of a female of the Kshatriya caste, a Vaiza,
3. (That of a Sfdra and) of a female of the Vaisya caste, an Anty4vasdayin.
4. They declare that the (son) begotten by a Vaisya on a female of the Brahmaza caste becomes a Ramaka,
5. (The son begotten by the same) on a female of the Kshatriya caste, a Pulkasa.
6. They declare that the (son) begotten by a Kshatriya on a female of the Brahmaza caste becomes a Sita.
7. Now they quote also (the following verse) : ‘One may know by their deeds those who have been begotten secretly, and to whom the stigma of springing from unions in the inverse order of the castes attaches, because they are destitute of virtue and good conduct.’
87. Vishzu XVII, 14.
XVIII. 1. Vishzu XVI, 6.
4. Krishnapandita reads Romaka, ‘a Roman,’ for Ramaka, and the B. MS. supports him. The other MSS., including I. O. 913, give the reading adopted above. I prefer it, as there is no reason to assume that the Vasish‘ha Dharmasdstra belongs to the late period when the Hindus had become aware of the existence of the Roman empire. On the other hand, it may be urged that Romaka is a correction which would easily suggest itself to a Pandit, who was unable to find a parallel passage in which the word Ramaka occurs.
6. Vishnu XVI, 6. 4. Manu X, 40.
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8. (Children) begotten by Brahmazas, Kshatriyas, and Vaisyas on females of the next lower, second lower, and third lower castes become (respectively) Ambashéhas, Ugras, and Nishadas.
, 9. (The son of a Brahmaza and) of a Sfdra woman (is) a Parasava.
10. They declare that the condition of a Pérasava is that of one who, though living, is (as impure) as a corpse.
I 11. Some call that Sidra race a burial-ground. ' 12. Therefore (the Veda) must not be recited in the presence of a Stidra.
10. They declare that the condition of a Pérasava is that of one who, though living, is (as impure) as a corpse.
I 11. Some call that Sidra race a burial-ground. ' 12. Therefore (the Veda) must not be recited in the presence of a Stidra.
13. Now they quote also the (following) verses, which Yama proclaimed :
‘The wicked Sfidra-race is manifestly a burialground. Therefore (the Veda) must never be recited in the presence of a Sédra.’
14. ‘Let him not give advice to a Sddra, nor what remains from his table, nor (remnants of) offerings (to the gods); nor let him explain the holy law to such a man, nor order him (to perform) a penance.’
15. ‘He who declares the law to such a man, and he who instructs him in (the mode of) expiating (sin), sinks together with that very man into the dreadful hell, (called) Asamvrita.’
16. ‘If ever a worm is produced in an open wound (on his body), he shall purify himself by the Prag4patya penance, and give gold, a cow, (and) a garment as presents (to Brahmamas),’
8. Gautama IV, 16.
to. I omit the words sava iti mrdtikhy4, ‘a corpse is another name for one who has died,’ as an interpolation.
11. Apastamba I, 3, 9, 9. 12, Vishwu XXX, 14.
14-15. Identical with Manu IV, 80-81.
16, A Pragapatya penance, i.e. a Krikkhra, see below, XXI, 20.
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17. Let him not approach a wife of the Sidra caste after he has built the fire-altar for a Srautasacrifice,
18. For a Sfidra-wife who belongs to the black race, (is espoused) for pleasure, not in order to fulfil the law.
Cuapter XIX,
1. The particular duty of a king is to protect (all) beings; by fulfilling it (he obtains) success (in this world and in the next).
2. Those learned (in the sacred law) declare that to be free from fear and pity is, indeed, a life-long sacrificial session (sattra, to be performed by the king).
3. Therefore let him appoint a domestic priest to (perform the rites) obligatory on the order of householders.
4. It is declared in the Veda, ‘A realm where a Brahmaza is appointed domestic priest, prospers ;’
5. For thus both (the special duties of a king and those of a householder) will be fulfilled,
6. And (the king alone is) unable (to do both).
7. Let the king, paying attention to all the laws of countries, (subdivisions of) castes (gati) and families, make the four castes (varza) fulfil their (respective) particular duties.
The verse belongs rather to the section on penances, and seems to have been entered here merely because it stood in Yama’s text with the other two, and the author, to use a homely Indian comparison, ‘did not disdain to catch a fish, though he went to fetch water.’ XIX. 1. Vishau III, 2. 2. Manu VIII, 306. 3. Vishzu III, 70. 4. Gautama XI, 14. 4. Vishau III, 3; Gautama XI, 20.
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8. Let him punish those who stray from (the path of duty).
1. Vishau III, 2. 2. Manu VIII, 306.
3. Vishzu III, 70. 4. Gautama XI, 14.
4. Vishau III, 3; Gautama XI, 20.
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8. Let him punish those who stray from (the path of duty).
9. But punishment must be awarded in cases of assault and abuse after (due consideration of) the particular place and time (where and when the offence was committed), of the duties, age, learning (of the parties), and the seat (of the injury),
10. In accordance with (the precepts of) the (sacred) records and with precedents.
11. Let him not injure trees that bear fruit or flowers.
12. (But) he may injure them in order to extend cultivation and (for sacrifices).
13. The measures and weights of objects necessary for households must be guarded (against falsification).
14. Let him not take property for his own use from (the inhabitants of) his realm.
15. The measures and price (of such property) only shall be liable to deductions (in the shape of taxes).
8. Vishau III, 37.
g. Gautama XII, 51. Krishnapandita has two Sfitras instead of one, and reads the second himsakrosayohk kalpak. The majority of the MSS. have, however, kalp4(#), which I consider to be a mistake for kalpyaA, ‘must be awarded.’
11. Vishzu V, 55-56. The meaning of the Sitra is that the king is to punish those who commit such acts.
12. The explicit permission to cut down trees for sacrificial purposes is given Vishwu LI, 63.
13. Manu VIII, 403.
14-15. The translation of these two Sfitras is not certain, because the words nthara and naiharika are not found elsewhere in the sense which has been attributed to them here. Still I think it very probable that Kréshnapandita’s explanation nirhara and nirhare sdhu is right, and that the king is exhorted not to take the property of his subjects by force, but to levy taxes according to the value or the measure of the articles sold.
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17. On the march against the enemy the army which consists of companies of ten, shall be able to perform a double (duty).
18. In every (camp) there shall be places where water is distributed.
19. Let him make one hundred men at the least engage in battle.
20. The wives (of slain soldiers) shall be provided for.
22. A ferry shall be taken away (from a river) in which there is no water.
23. A Srotriya is free from taxes, (and so are) a servant of the king, one who has no protector,
16. The Sftra has been left out, as the text is corrupt, and I am unable to suggest any emendation. Kvrishnapandita’s explanation is not worth giving.
23. A Srotriya is free from taxes, (and so are) a servant of the king, one who has no protector,
16. The Sftra has been left out, as the text is corrupt, and I am unable to suggest any emendation. Kvrishnapandita’s explanation is not worth giving.
17. ‘The army which consists of companies of ten,’ i.e. the lowest subdivision of which consists of ten parts, viz. one elephant, one chariot, two horsemen, and three foot soldiers. Such a body is called a patti. The larger divisions, like the senédmukha, ‘battalion,’ &c., are formed by three, nine, or twenty-seven pattis. Though I am unable to adduce any positive proof for it, vaha must, according to the connexion in which it stands, be a synonym of patti. ‘The double duty ’ of the army is, according to Krishnapandita, marching and fighting.
21. The Sitra is utterly corrupt, and cannot be restored with the help of the MSS. at my disposal. It probably referred to the amount of duties to be levied on goods sold in the market.
22. The meaning of the Sfitra seems to be, that on those rivers, where the water either runs off or is very low during the dry season, the ferrymen must not be allowed to exact a toll from people crossing without their help. Such a rule would not be superfluous, as most Indian rivers are perfectly fordable between December and June, but impassable without boats in the other five months.
23. Apastamba II, 10, 26, 10,12-17; Manu VIII, 394. Kréshaap. 99one who has left (the order of householders), an infant, a very aged man, a young man (who studies), and pradatas ;
24. (Moreover widows). who return to their former (family), unmarried maidens, and the wives of servants,
25. He who swims with his arms (across a river in order to escape payment of a toll at a ferry) shall pay one hundred times (the amount due).
26. No taxes (shall be paid) on the usufruct of rivers, dry grass, forests, (places of) combustion, and mountains ;
27. Or those who draw their subsistence from them may pay (something),
28. But he shall take a monthly tax from artisans.
29. And when a king has died, let him give what is required for the occasion.
pandita correctly points out that, though according to I, 43, all Brahmaaas are to be free from taxes, the Srotriya or Vaidik is mentioned once more in order to show that a king, however distressed, must not take anything from him (Manu VII, 133). Krishnapandita reads instead of prad&t&s, prad4tara, ‘very liberal men.’ Manu loc. cit. exempts ‘those who confer great benefits on priests of eminent learning’ from paying taxes. His emendation would, therefore, be acceptable if the word pradat&/ did not occur in the same connexion above, XJ, 7.
24. Apastamba II, ro, 26, 11.
25. I read with the majority of the MSS. bahubhyA4muttarafithatagunam dadyat.
His emendation would, therefore, be acceptable if the word pradat&/ did not occur in the same connexion above, XJ, 7.
24. Apastamba II, ro, 26, 11.
25. I read with the majority of the MSS. bahubhyA4muttarafithatagunam dadyat.
26. Kréshnapandita explains daha, ‘(places of) combustion,’ by agni, ‘fire’ Iam not certain what he means thereby. To me it seems most probable that Vasish//a intends ‘a place of cremation’ (dahasthala), though it is just possible to refer the expression to the jungle fires, which the aboriginal tribes light in the forests, in order to sow their N4gif in the ground manured by the ashes.
28. Gautama X, 31.
29. Krishnapandita refers this and the following five Sitras to
H 2
p. 30
30. It is hereby explained that (his) mother (must receive) maintenance.
31. Let the king maintain the paternal and maternal uncles of the chief-queen,
32. As well as her other relatives.
33. The wives of the (deceased) king shall receive food and raiment,
34. Or if they are unwilling, they may depart.
35. Let the king maintain eunuchs and madmen,
36. Since their property goes to him.
37. Now they quote also a verse proclaimed by Manu, which refers to duties and taxes, ‘No duty (is paid) on a sum less than a Karshdpama, there is no tax on a livelihood gained by art, nor on an infant, nor on a messenger, nor on what has been received as alms, nor on the remnants of property left after a robbery, nor on a Srotriya, nor on an ascetic, nor on a sacrifice.’
the case where a king has conquered a foreign country ; compare also Vishau III, 47-48. I think that Sfitras 30-31 conclusively show that these rules are intended to regulate the conduct of a king on the death of his predecessor and his own accession to the throne.
34. Krishnapandita thinks that the queens unwilling to accept a bare subsistence may go wherever they like. I think the word used in the text points rather to their becoming ascetics.
35- This rule refers apparently to eunuchs and insane persons left with money, but without near relatives, with whom they are united in interest, Vishau III, 65.
37. I translate the one word sulka by ‘duties and taxes.’ The term has a great many different meanings in the law books, and is in this verse apparently used in two senses. Krishnapandita is of a different opinion, and thinks that the persons named are free from paying a sulka in case they trade. The chief objection is that trading ascetics and Srotriyas are not known to the ancient writers, though they are common enough in modern India.
XIX, 46. DUTIES OF A KING. IOI
38. A thief becomes free from guilt by entering (the royal presence) after (his deed and asking to be punished).
39. But according to some (lawyers) he (who is caught) with weapons in his hands, with stolen goods in his possession, or covered with wounds is proved (to be a criminal).
IOI
38. A thief becomes free from guilt by entering (the royal presence) after (his deed and asking to be punished).
39. But according to some (lawyers) he (who is caught) with weapons in his hands, with stolen goods in his possession, or covered with wounds is proved (to be a criminal).
40. In case (a criminal) worthy of punishment is allowed to go free, the king shall fast during one (day and one) night; .
41. (And) his domestic priest during three (days and) nights.
42. If an innocent man is punished, the domestic priest (shall perform) a Krzkkfra penance ;
43. (And) the king (shall fast) during three (days and) nights.
44. Now they quote also (the following verses): ‘The slayer of a learned Brahmama casts his guilt on him who eats his food; an adulterous wife on her (negligent) husband; a student and a sacrificer on an (ignorant) teacher (and officiating priest); and a thief on the king (who pardons him).’
45. ‘But men who have committed offences and have received from kings the punishment (due to them), go pure to heaven, and (become) as holy as the virtuous.’
46. ‘The guilt falls on the king who pardons an
38. This Sitra apparently alludes to a penitent thief who confesses his crime and asks for punishment; see below, XX, 41.
39. Manu IX, 270; Narada V, 29-33 (Jolly). As given in the MSS. and by Krishvapandita, the Sfitra is doubtlessly corrupt. I read vramasampanno vyapadish/ah,
44. Identical with Manu VIII, 317.
45. Identical with Manu VIII, 318.
p. 47
offender. If he causes him to be slain, he destroys sin in accordance with the sacred law.’
47. ‘It is ordained that kings become at once pure (by bathing) when they have done acts causing death. They are likewise (pure while engaged in business) not causing death. Time is the reason for that.’
48. And with reference to this (matter) they quote a verse proclaimed by Yama, ‘ No taint of impurity, forsooth, falls on kings, on those engaged in practising vows, or on those engaged in the performance of sacrificial session (sattra); for (the first) are seated on the throne of Indra, (and the others) are always equal to Brahman.’
CHAPTER XX.
1. A penance (shall be performed) for an offence committed unintentionally.
2. Some (declare that it shall be performed) also for (a fault) committed intentionally.
3. ‘The spiritual teacher corrects the learned; the king corrects the evil-minded; but Yama, the son of Vivasvat, forsooth, punishes those who offend secretly.’
4. And among those (sinful persons), let him who slept at sunrise stand during the (following) day and recite the verse sacred to Savitrz.
47. Vishnu XXII, 48; Manu V, 94.
48. Identical with Manu V, 93. ‘Those engaged in practising vows’ are, according to Kullaka and Krishmapandita, students learning the Veda.
XX. 1-2. Manu XI, 45; YAgfiavalkya III, 226.
4. ‘Among those,’ i.e. the sinful men (enasvina) enumerated above, I, 18; Vishwzu LIV, 11.
XX, 10. PENANCES. I03
Identical with Manu V, 93. ‘Those engaged in practising vows’ are, according to Kullaka and Krishmapandita, students learning the Veda.
XX. 1-2. Manu XI, 45; YAgfiavalkya III, 226.
4. ‘Among those,’ i.e. the sinful men (enasvina) enumerated above, I, 18; Vishwzu LIV, 11.
XX, 10. PENANCES. I03
5. Let him who slept at sunset remain in a sitting posture during the (next) night, likewise (reciting the Gayatri).
6. But let a man with deformed nails or black teeth perform a Kvzékhra penance of twelve days’ duration.
7. He whose younger brother married first shall perform a Kvzékhra penance during twelve days, marry and take to himself even that (woman whom his brother wedded).
8. Now he who has taken a wife before his elder brother shall perform a Krzékhra penance and an Atikvzkkhra penance, give (his wife) to that (elder brother), marry again, and take (back) the same (woman whom he wedded first).
9. The husband of a younger sister married before her elder sister shall perform a Krzékhra penance during twelve days, marry and take to him that (elder sister).
10. The husband of an elder sister married after the younger one shall perform a K7vzééhra penance and an Atikrzekhra penance, give (his wife) to that (husband of the younger sister and marry again).
5-10. Manu XI, 201.
6. Regarding the Krzkkhra penance, see below, XXI, 20.
4-8. Vishzu LIV, 16. According to Krzshvapazdita both brothers shall perform penances. The elder brother shall marry after his penance is finished. The younger one shall offer his wife to the elder, in order to atone for the slur put upon the elder. The latter shall accept her for form’s sake and return her to the younger brother, who must once more wed her. Regarding the Atikrzkkhra penance, see below, XXIV, 2.
10. Vishzu LIV, 16. Kréshvapandita thinks that he should marry another wife, but adds that others say that, after offering his wife to the husband of the younger sister and receiving his permission, he should wed her once more.
p. 11
11. We shall declare below (the penance prescribed for) him who extinguishes the sacred fire. - 12, He who has forgot the Veda (by neglecting to recite it daily), shall perform a KvzékAra penance of twelve days’ duration, and again learn it from his teacher.
13. He who violates a Guru’s bed shall cut off his organ, together with the testicles, take them | into his joined hands and walk towards the south; wherever he meets with an obstacle (to further progress), there he shall stand until he dies.
14. Or, having shaved all his hair and smeared his body with clarified butter, he shall embrace the heated (iron) image (of a woman). It is declared in the Veda that he is purified after death.
15. The same (expiation is prescribed if the offence was committed) with the wife of the teacher, of a son, and of a pupil.
It is declared in the Veda that he is purified after death.
15. The same (expiation is prescribed if the offence was committed) with the wife of the teacher, of a son, and of a pupil.
16. If he has had intercourse with a female (who is considered) venerable in the family, with a female. friend, with the female friend of a Guru, with an Apapatra female, or with an outcast, he shall perform a Kvzkkhra penance during three months.
17. The same (penance must be performed) for eating food given by a Kazd4la or by an outcast. Afterwards the initiation (must be performed) once more; but the tonsure and the rest may be omitted.
16. Krishnapandita explains sakhim, ‘a female friend,’ by ‘a woman who has affection (for the offender), i.e. a sister and so forth.’ Apapatras are low-caste people, whose vessels must not be used; see Apastamba I, 1, 3, 2g, note.
p. 105
18. And with reference to this (matter) they quote a verse proclaimed by Manu, ‘The tonsure, (the tying on of) the sacred girdle, (the wearing of) a staff, and the begging of alms, these acts may be omitted on a second initiation.’
19. If (a Braéhmamza) intentionally (drinks) other spirituous liquor than that distilled from rice, or if he unintentionally (drinks) spirituous liquor extracted from rice (sura), he (must perform) a Krzééhra and an Atikrzékhra, and, after eating clarified butter, be initiated again.
20. The same (expiation is prescribed) for swallowing ordure, urine, and semen.
21. Ifa Brahmawza drinks water which has stood in a vessel used for (keeping) spirituous liquor, he becomes pure by drinking, during three days, water (mixed with a decoction) of lotus, Udumbara, Bilva, and Paldsa (leaves).
22, But a Brahmaza who repeatedly (and intentionally partakes) of liquor extracted from rice, shall drink (liquor of) the same (kind) boiling hot. ‘He becomes pure after death.’
23. We will declare (who must be considered) the slayer of a learned Brahmama (bhramahan). He is called Bhrdzahan who kills a Brahmaza or destroys an embryo (the sex of) which is unknown.
24. ‘For embryos (the sex of) which is unknown
18. Identical with Manu XI, 152, and Vishzu LI, 5.
19-20. Manu XI,151; Vishwu LI, 2. Regarding the other of liquors, see Manu XI, 95-96.
21. Manu XI, 148. 22. Gautama XXIII, 1.
23. Gautama XXII,13. It must be understood a real Brahmana who knows the Veda is meant.
24. ‘Therefore they offer burnt-oblations for the production of males,’ i.e. they perform the Pumsavana, one of the sacraments ;
p. 25
become males; therefore they offer burnt-oblations for the production of males.’
25. Let the slayer of a learned Brahmama kindle a fire and offer (therein the following eight oblations, consisting of portions of his own body),
XX, 25.
become males; therefore they offer burnt-oblations for the production of males.’
25. Let the slayer of a learned Brahmama kindle a fire and offer (therein the following eight oblations, consisting of portions of his own body),
26. The first (saying), ‘I offer my hair to Death, I feed Death with my hair;’ the second (saying), ‘I offer my skin to Death, I feed Death with my skin ;’ the third (saying), ‘I offer my blood to Death, I feed Death with my blood;’ the fourth (saying), ‘I offer my flesh to Death, I feed Death with my flesh ;’ the fifth (saying), ‘I offer my sinews to Death, I feed Death with my sinews;’ the sixth (saying), ‘I offer my fat to Death, I feed Death with my fat;’ the seventh (saying), ‘I offer my bones to Death, I feed Death with my bones;’ the eighth (saying), ‘I offer my marrow to Death, I feed Death with my marrow.
27. (Or) let him (fight) for the sake of the king, or for the sake of Brahmamas, and let him die in battle with his face turned (to the foe).
28. It is declared in the Veda, ‘(A murderer) who remains thrice unvanquished or is thrice defeated (in battle) becomes pure.’
29. ‘A sin which is openly proclaimed becomes smaller.’
see e.g. Asvalayana I,13. The Sftra is marked as a quotation, and probably belongs to some Vedic work.
25. Apastamba I, 9, 25, 12. 27. Gautama XXII, 8.
28. Apastamba I, 9, 24, 21.
29. Taken by itself the Sftra would seem to refer to the maxim that a free confession reduces the guilt of the offender (Manu XI, 228). But on account of the next Sfitra it is necessary to assume, with Kréshnapandita, that half the guilt of a crime, of which another man justly accuses an offender, falls on the accuser, while the
p. 107
30. To this (effect) they quote also (the following verse): ‘ By saying to an outcast, “O thou outcast!” or to a thief, “O thou thief!” a man incurs a guilt as great as (that of the offender). (If he) falsely (accuses anybody of such offences), his guilt will be twice as great.’
31. In like manner having slain a Kshatriya, he shall perform (a penance) during eight years,
32. For (killing) a Vaisya during six (years),
33. For (killing) a Sddra, during three (years),
34. For killing a female of the Brdhmaza caste who is an Atreyt, and a Kshatriya or a Vaisya, engaged in a sacrifice (the same penance must be performed as for killing a learned Brahmaza).
35. We will explain (the term) Atreyt. They declare that she who has bathed after temporary uncleanness is an Atreyt.
36. ‘For if (the husband) approaches her at that (time), he will have offspring.’
offender’s guilt becomes less by the publication of his misdeed. It is, however, not improbable that the text is here defective, and one or several Sfitras have been left out.
30. Gautama XXI, 17-18.
36. ‘For if (the husband) approaches her at that (time), he will have offspring.’
offender’s guilt becomes less by the publication of his misdeed. It is, however, not improbable that the text is here defective, and one or several Sfitras have been left out.
30. Gautama XXI, 17-18.
31. Vishvu L,12. The text is here evidently defective. The Sfitra or Sftras left out must have contained the description of another penance for the murder of a Brahmaza, which is mentioned in nearly all the Smrctis (see Vishnu L, 1-6, 15, and the parallel passages). Its chief conditions are, that the murderer is to live separate for twelve years, and to subsist on alms given by people who are acquainted with his crime. Without such an additional rule this and the following Sfitras are utterly unintelligible.
32. Vishzu L, 13. 33. Vishau L, 14.
34. Vishau L, 7, 9
36. The author means to say that the word 4treyf is derived from atra, ‘at that time,’ and the verb i,‘ to approach.’ The etymology is worthy of the Nirukta.
p. 37
37. (For killing a female of the Brahmaza caste) who is not an Atreyt, (the penance prescribed) for the murder of a Kshatriya (must be performed),
38. (For killing) a female of the Kshatriya caste, (the penance prescribed) for the murder of a Vaisya,
39. (For killing) a female of the Vaisya caste, (the penance prescribed) for the murder of a Sddra.
40. (For killing) a female of the Sadra caste (let him perform) during one year (the penance prescribed for the murder of a Brahmama).
41. If a man has stolen gold belonging to a Brahmaza, he shall run, with flying hair, to the king, (exclaiming) ‘Ho, I am a thief; sir, punish me!’ The king shall give him a weapon made of Udumbara wood; with that he shall kill himself. It is declared in the Veda that he becomes pure after death.
42. Or (such a thief) may shave off all his hair, anoint his body with clarified butter, and cause himself to be burnt from the feet upwards, in a fire of dry cowdung. It is declared in the Veda that he becomes pure after death.
43. Now they quote also (the following verses) : ‘ Hear, (how) the bodies of those who having committed various crimes died a long time ago, and were (afterwards) born again, are (marked);’
37-40. Gautama XXII, 17.
41. Vishwu LII, 1-2. Kréshnapandita remarks that S@lap4si explains audumbaram, ‘made of Udumbara wood,’ by ‘made of copper,’ and that the weapon intended is a club. The last remark is probably true, as the parallel passages of the other Smrttis state that the thief is to take a club to the king, with which he is to be struck.
42. Apastamba I, 9, 25, 6.
XXI, 1. PENANCES.
44. ‘A thief will have deformed nails, the mm derer of a Brahmaza will be afflicted with white leprosy, but he who has drunk spirituous liquor will have black teeth, and the violator of his Guru’s bed will suffer from skin diseases.’
42. Apastamba I, 9, 25, 6.
XXI, 1. PENANCES.
44. ‘A thief will have deformed nails, the mm derer of a Brahmaza will be afflicted with white leprosy, but he who has drunk spirituous liquor will have black teeth, and the violator of his Guru’s bed will suffer from skin diseases.’
45. Property received from outcasts, after forming alliances with them either by (teaching) the Veda (and by sacrificing) or by marriage, must be relinquished. Let him not associate with such (men).
46. It is declared in the Veda that (he who has associated with outcasts) becomes pure by reciting the Samhit4 (of his Veda), proceeding in a northerly direction and fasting.
47. They quote also (a verse) to this (effect), ‘A sinner is liberated from guilt by tormenting his body, by austerities, and by reciting the Veda; he becomes also free by bestowing gifts. That has been declared in the Veda.’
CuHaPTteR XXI.
1. Ifa SQdra approaches a female of the Brahmaza caste, (the king) shall cause the Sidra to be tied up in Viraza grass and shall throw him into a fire. He shall cause the head of the Brahmamt to be
‘ shaved, and her body to be anointed with butter ; ; placing her naked on a black donkey, he shall cause ; her to be conducted along the highroad. It is de- ‘clared that she becomes pure (thereby).
44. Manu XI, 49; Vishzu XLV, 4, 5, 6.
45. Vishzu LIV, 28. 46. Manu XI, 194.
XXI. 1-5. Gautama XXIII,15. Krishnapandita reads, instead of prasyet, ‘he shall throw,’ prasyet, and explains it by dahayet, ‘he shall cause to be burnt.” It must be understood that these
p. 2
2. If a Vaisya approaches a female of the Brahmama caste, (the king) shall cause the Vaisya to be tied up in Lohita grass and shall throw him into a fire: He shall cause the head of the Brahmamt to be shaved, and her body to be anointed with butter; placing her naked on a yellowish donkey, he shall cause her to be conducted along the highroad. It is declared in the Veda that she becomes pure (thereby).
3. If a Kshatriya approaches a female of the Brahmaza caste, (the king) shall cause the Kshatriya to be tied up in leaves of Sara grass and shall throw him into a fire. He shall cause the head of the Bréhmazit to be shaved, and her body to be anointed with butter; placing her naked on a white donkey, he shall cause her to be conducted along the highroad. It is declared in the Veda that she becomes pure (thereby).
4. A Vaisya who offends) with a female of the Kshatriya class (shall be treated) in the same manner,
5. And a Sidra (who offends) with females of the Kshatriya or Vaisya castes.
6. If (a wife) has been mentally unfaithful to her husband, she shall live on barley or rice boiled in milk during three days, and sleep on the bare ground. After the three days (have expired), the (husband) shall offer eight hundred burnt-oblations, (reciting) the Savitri (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
After the three days (have expired), the (husband) shall offer eight hundred burnt-oblations, (reciting) the Savitri (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
extreme punishments are to be inflicted in particularly bad cases only.
6. ‘ Afterwards in order to purify her who is immersed in water, i.e. has plunged into water, he shall offer eight hundred, i.e. (such)
XXI, 10. _ PENANCES. III
7. If (a wife) has held an (improper) conversation (with another man), she must perform the same penance during a month. After (the expiration of) the month, (the husband) shall offer four times eight hundred burnt-oblations, (reciting) the Savitrt (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
8. But if (a wife) has actually committed adultery, she shall wear during a year a garment smeared with clarified butter, and sleep on a mat of Kusa grass, or in a pit filled with cowdung. After (the expiration of) the year, (the husband) shall offer eight hundred burnt-oblations, (reciting) the SAvitrt (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
9. But if she commits adultery with a Guru, she is forbidden (to assist her husband) in (the fulfilment of) his sacred duties.
10. But (these) four (wives) must be abandoned, (viz.) one who yields herself to (her husband’s) pupil or to (his) Guru, and especially one who attempts a number of burnt-oblations with the Siras, i.e. (the words) “Om, ye waters, who are splendour, juice, and ambrosia,” &c., which are joined to the Gayatrf.’—Krshnapandita, The Siras, or ‘head,’ is again mentioned below, XXV, 13; see also Vishvu LV, 9. This and the following two rules refer to offences committed with males of equal caste.
g. YAgiavalkya 1,70. Colebrooke IV, Dig. LXXVI, where a different reading, vyavayatirthagamanadharmebhyaé, has been adopted, and the Sfitra has been combined with the next. The first clause may also be translated, ‘If she actually commits adultery, (and especially) if she converses with a Guru.’
to. Colebrooke loc. cit.; Manu IX, 80; Yagiiavalkya I, 72.
p. 11
the life of her lord, or who commits adultery with a man of a degraded caste.
11. That woman of the Braéhmaza caste who drinks spirituous liquor, the gods will not admit (after death) to the same abode with her husband; losing all spiritual merit she wanders about in this world and is born again as a leech or a pearl-oyster,
12. The wives of Brahmazas, Kshatriyas, and Vaisyas who commit adultery with a Sddra may be purified by a penance in case no child is born (from their adulterous intercourse), not.otherwise.
13. (Those who have committed adultery) with a man of lower caste shall perform a Kvzkkhra penance, succeeded by one, two, or three Kandr4yazas.
13. (Those who have committed adultery) with a man of lower caste shall perform a Kvzkkhra penance, succeeded by one, two, or three Kandr4yazas.
14. Faithful wives who are constantly pure and truthful (reside after death) in the same abodes with their husbands; those who are unfaithful are bornas jackals. 15. Half the body of the husband falls if his wife
11. Colebrooke IV, Dig. CXIII, where sfikarf, ‘a sow,’ is read instead of suktika, ‘a pearl-oyster.’
13. Manu XI,178. Krishnapandita states correctly that andrayanottaram, ‘succeeded by one, two, or three Aandrayanas,’ may also mean ‘following one, two, or three Kandrayamas,’ and that the number of Xandrayamas to be performed depends on the caste of the person with whom the adultery was committed. Thus a Brahmani must perform one Krikkhra and one Kandrayama for adultery with a Kshatriya, one Krzkkhra and two Kandrayanas for adultery with a Vaisya, and one Krkéhra and three Kandrayanas for adultery with a Sidra. His view that the rule refers to wives who commit the sin without intent or against their will, is open to doubt. It is probably an alternative, to be adopted in lighter cases, for the public punishment prescribed above, XXI, 1-3. Regarding the Kandrayana, see below, XXIV, 44.
14. Colebrooke IV, Dig. CVIII ; Manu V, 164-165.
15. Manu IX, 80; Y4gfiavalkya I, 73.
p. 113
drinks spirituous liquor. No purification is prescribed for the half which has fallen.
16. Ifa Brahmaza unintentionally commits adultery with the wife of a Brahmama, (he shall perform) a Krzkkhra penance in case (the husband) fulfils the religious duties (of his caste), and an Atikrzékhra penance in case (the husband) does not fulfil his religious duties.
17. The same (penances are prescribed) for Kshatriyas and Vaisyas (for adultery with women of their respective castes).
18. If he kills a cow, let him perform, during six months, a Krzé&Ara or a Taptakrzé&hra, dressed in the raw hide of that (cow).
19. The rule for these two (penances is as follows):
20. ‘ During three days he eats in the day-time (only), and during the (next) three days at night (only), he subsists during (another) period of three days on food offered without asking, and (finally) he fasts during three days.’ That isa Kvzé&fra penance.
21. ‘Let him drink hot water during three days ; let him drink hot milk during the (next) three days ; after drinking during (another) period of three days hot clarified butter, he shall subsist on air during the (last) three days. That is a Taptakrzkkhra penance.
22. And he shall give (to a Brahmama) a bull and a cow.
23. Now they quote also (the following verse): ‘Through killing a spotted deer, a he-goat, and
16, Vishvu LIII, 2.
18. Vishzu L, 16-24; Gautama XXII, 18.
20. Vishnu XLVI, ro. 21. Vishzu XLVI, 11.
23. The above translation follows the commentary of Krzshna-