Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1—Haradatta. 14. ‘At festivals and the like occasions (these performances) take place also elsewhere, that is the custom. —Haradatta. 15. Manu VII, 143, and passim; Yaga. I, 335. II, 10, 26. CIVIL AND CRIMINAL LAW. 163 Prasna II, Parara 10, Kuawpa 26. 1. A (king) who, without detriment to his servants, gives land and money to Brahmamas according to their deserts gains endless worlds. 2. They say (that) a king, who is slain in attempting to recover the property of Brahmamzas, (performs) a sacrifice where his body takes the place of the sacrificial post, and at which an unlimited fee is given. 3. Hereby have been declared (the rewards of) other heroes, who fall fighting for a (worthy) cause. 4. He shall appoint men of the first three castes, who are pure and truthful, over villages and towns for the protection of the people. 5. Their servants shall possess the same qualities. 6. They must protect a town from thieves in every direction to the distance of one yogana. 7. (They must protect the country to the distance of) one krosa from each village. 8. They must be made to repay what is stolen within these (boundaries). 26.1. Manu VII, 83, 84, 88; Yaga. I, 314. 2. According to Haradatta the king’s body represents the post (yfpa), his soul the sacrificial animal, the recovered property the © reward for the priests or fee. 3. Manu VII, 89; Yaga. I, 323, 324. 4- Manu VII, 115-124; Yag#. I, 321. 6. Yag#. Il, 271-272. A yogana is a distance of 4 krosa, kos, 7. A krosa, kos, or gau, literally ‘the lowing of a cow,’ is variously reckoned at 13-4 miles. 8. Y4g#.I,272. This law is, with certain modifications, still in force. See Bombay Regulations, XII, 27 par. M 2 164 APASTAMBA. II, ro, 26. 9. The (king) shall make them collect the lawful taxes (sulka). 10. A learned Br&hmaza is free from taxes, tr. And the women of all castes, 12, And male children before the marks (of puberty appear), 13. And those who live (with a teacher) in order to study, 14. And those who perform austerities, being intent on fulfilling the sacred law, 15. And a Sddra who lives by washing the feet, 16. Also blind, dumb, deaf, and diseased persons (as long as their infirmities last), 17. And those to whom the acquisition of property is forbidden (as Sannydsins). 18. A young man who, decked with ornaments, enters unintentionally (a place where) a married woman or a (marriageable) damsel (sits), must be reprimanded. g. According to Haradatta, who quotes Gautama in his commentary, the sulka is the jth part of a merchant’s gains. On account of the Sftras immediately following, it is, however, more probable that the term is here used as a synonym of ‘kara,’ and includes all taxes. ‘Lawful’ taxes are, of course, those sanctioned by custom and approved of by the Smritis. to. Manu VII, 133. 11. Haradatta thinks that the rule applies to women of the Anuloma, the pure castes, only.
2‘Lawful’ taxes are, of course, those sanctioned by custom and approved of by the Smritis. to. Manu VII, 133. 11. Haradatta thinks that the rule applies to women of the Anuloma, the pure castes, only. 14. ‘Why does he say “intent on fulfilling the holy law?” Those shall not be free from taxes who perform austerities in order to make their magic charms efficacious. —Haradatta. 18. The ornaments would indicate that he was bent on mischief. Compare above, I, 11, 32, 6. TI, 10, 27. CIVIL AND CRIMINAL LAW. 16 7 19. But if he does it intentionally with a bad purpose, he must be fined. 20. If he has actually committed adultery, his organ shall be cut off together with the testicles. 21. But (if he has had intercourse) with a (marriageable) girl, his property shall be confiscated and he shall be banished. 22. Afterwards the king must support (such women and damsels), 23. And protect them from defilement. 24. If they agree to undergo the (prescribed) penance, he shall make them over to their (lawful) guardians. Prasna II, Parata 10, Kuanpa 27, 1. If (adulteresses) have performed (the prescribed penance), they are to be treated as before (their fault). For the connection (of husband and wife) takes place through the law. 2. (A husband) shall not make over his (wife), who occupies the position of a ‘gentilis, to others (than to his ‘gentiles’), in order to cause children to be begot for himself. 19. ‘The punishment must be proportionate to his property and the greatness of his offence. The term “with a bad purpose” is added, because he who has been sent by his teacher (to such a place) should not be punished.’-— Haradatta. Manu VIII, 354; Yaga. II, 284. 24. ‘I.e.a married woman to her husband or father-in-law, an unmarried damsel to her father or to her brother. — Haradatta. 27. 2. This Sfitra refers to the begetting of a Kshetraga son, and gives the usual rule, that only the Sagotras in the order of the grade of relationship, a brother-in-law, a Sapiada, &c., shall be employed for this purpose. 166 APASTAMBA. II, 10, 27. 3. For they declare, that a bride is given to the family (of her husband, and not to the husband alone). 4. That is (at present) forbidden on account of the weakness of (men’s) senses. 5. The hand (of a gentilis is considered in law to be) that of a stranger, and so is (that of any other person except the husband). 6. If the (marriage vow) is transgressed, both (husband and wife) certainly go to hell. 7. The reward (in the next world) resulting from obeying the restrictions of the law is preferable to offspring obtained in this manner (by means of Niyoga). 8. A man of one of the first three castes (who commits adultery) with a woman of the Sidra caste shall be banished. 9. A Sidra (who commits adultery) with a woman of one of the first three castes shall suffer capital punishment.
38. A man of one of the first three castes (who commits adultery) with a woman of the Sidra caste shall be banished. 9. A Sidra (who commits adultery) with a woman of one of the first three castes shall suffer capital punishment. 10. And he shall emaciate a woman who has committed adultery with a (Sddra, by making her undergo penances and fasts, in case she had no child). 11. They declare, that (a Brahmaza) who has 4. ‘For now-a-days the senses of men are weak, and therefore the peculiar (law formerly) in force regarding gentiles is so no longer, lest husbands should be set aside under the pretended sanction of the SAstras.’—Haradatta. 9. Manu VIII, 374; Yag#. II, 286. According to Haradatta, this refers to a Sidra servant who seduces a woman committed to his charge. In other cases the punishment prescribed, II, 10, 26, 10, is to take effect. The same opinion is expressed by Gautama. 11. This refers to the wife of a Srotriya, as Haradatta states according to Gautama. The penance is three years’ chastity. II, 10, 27. CIVIL AND CRIMINAL LAW. 167 once committed adultery with a married woman of equal class, shall perform one-fourth of the penance prescribed for an outcast. 12. In like manner for every repetition (of the crime), one-fourth of the penance (must be added). 13. (If the offence be committed) for the fourth time, the whole (penance of twelve years must be performed). 14. The tongue of a Sddra who speaks evil of a virtuous person, belonging to one of the first three castes, shall be cut out. 15. A Sfdra who assumes a position equal (to that of a member of one of the first three castes), in conversation, on the road, on a couch, in sitting (and on similar occasions), shall be flogged. 16. In case (a Sadra) commits homicide or theft, appropriates land (or commits similar heinous crimes), his property shall be confiscated and he himself shall suffer capital punishment. 17. But if these (offences be committed) by a Brahmaza, he shall be made blind (by tying a cloth over his eyes). 18. He shall keep in secret confinement him who violates the rules (of his caste or order), or any other sinner, until (he promises) amendment. 19. If he does not amend, he shall be banished. 20. A spiritual teacher, an officiating priest, a 15. In conversation, i.e. addressing Aryas familiarly, with tvam, ‘thou,’ &c. 17. Haradatta states expressly that the eyes of a Brahmaaa must not be put out by any sharp instrument. He should be kept blindfold all his life. 20. ‘The intercession is to take effect in this manner: that mutilation is commuted to a fine, a fine to a flogging, a flogging to a reprimand.’—Haradatta. 168 APASTAMBA. II, 11, 28. Snataka, and a prince shall be able to protect (a criminal from punishment by their intercession), except in case of a capital offence. Prasna II, Parata 11, Kuanpna 28.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1—Haradatta. 14. ‘At festivals and the like occasions (these performances) take place also elsewhere, that is the custom. —Haradatta. 15. Manu VII, 143, and passim; Yaga. I, 335. II, 10, 26. CIVIL AND CRIMINAL LAW. 163 Prasna II, Parara 10, Kuawpa 26. 1. A (king) who, without detriment to his servants, gives land and money to Brahmamas according to their deserts gains endless worlds. 2. They say (that) a king, who is slain in attempting to recover the property of Brahmamzas, (performs) a sacrifice where his body takes the place of the sacrificial post, and at which an unlimited fee is given. 3. Hereby have been declared (the rewards of) other heroes, who fall fighting for a (worthy) cause. 4. He shall appoint men of the first three castes, who are pure and truthful, over villages and towns for the protection of the people. 5. Their servants shall possess the same qualities. 6. They must protect a town from thieves in every direction to the distance of one yogana. 7. (They must protect the country to the distance of) one krosa from each village. 8. They must be made to repay what is stolen within these (boundaries). 26.1. Manu VII, 83, 84, 88; Yaga. I, 314. 2. According to Haradatta the king’s body represents the post (yfpa), his soul the sacrificial animal, the recovered property the © reward for the priests or fee. 3. Manu VII, 89; Yaga. I, 323, 324. 4- Manu VII, 115-124; Yag#. I, 321. 6. Yag#. Il, 271-272. A yogana is a distance of 4 krosa, kos, 7. A krosa, kos, or gau, literally ‘the lowing of a cow,’ is variously reckoned at 13-4 miles. 8. Y4g#.I,272. This law is, with certain modifications, still in force. See Bombay Regulations, XII, 27 par. M 2 164 APASTAMBA. II, ro, 26. 9. The (king) shall make them collect the lawful taxes (sulka). 10. A learned Br&hmaza is free from taxes, tr. And the women of all castes, 12, And male children before the marks (of puberty appear), 13. And those who live (with a teacher) in order to study, 14. And those who perform austerities, being intent on fulfilling the sacred law, 15. And a Sddra who lives by washing the feet, 16. Also blind, dumb, deaf, and diseased persons (as long as their infirmities last), 17. And those to whom the acquisition of property is forbidden (as Sannydsins). 18. A young man who, decked with ornaments, enters unintentionally (a place where) a married woman or a (marriageable) damsel (sits), must be reprimanded. g. According to Haradatta, who quotes Gautama in his commentary, the sulka is the jth part of a merchant’s gains. On account of the Sftras immediately following, it is, however, more probable that the term is here used as a synonym of ‘kara,’ and includes all taxes. ‘Lawful’ taxes are, of course, those sanctioned by custom and approved of by the Smritis. to. Manu VII, 133. 11. Haradatta thinks that the rule applies to women of the Anuloma, the pure castes, only.
2‘Lawful’ taxes are, of course, those sanctioned by custom and approved of by the Smritis. to. Manu VII, 133. 11. Haradatta thinks that the rule applies to women of the Anuloma, the pure castes, only. 14. ‘Why does he say “intent on fulfilling the holy law?” Those shall not be free from taxes who perform austerities in order to make their magic charms efficacious. —Haradatta. 18. The ornaments would indicate that he was bent on mischief. Compare above, I, 11, 32, 6. TI, 10, 27. CIVIL AND CRIMINAL LAW. 16 7 19. But if he does it intentionally with a bad purpose, he must be fined. 20. If he has actually committed adultery, his organ shall be cut off together with the testicles. 21. But (if he has had intercourse) with a (marriageable) girl, his property shall be confiscated and he shall be banished. 22. Afterwards the king must support (such women and damsels), 23. And protect them from defilement. 24. If they agree to undergo the (prescribed) penance, he shall make them over to their (lawful) guardians. Prasna II, Parata 10, Kuanpa 27, 1. If (adulteresses) have performed (the prescribed penance), they are to be treated as before (their fault). For the connection (of husband and wife) takes place through the law. 2. (A husband) shall not make over his (wife), who occupies the position of a ‘gentilis, to others (than to his ‘gentiles’), in order to cause children to be begot for himself. 19. ‘The punishment must be proportionate to his property and the greatness of his offence. The term “with a bad purpose” is added, because he who has been sent by his teacher (to such a place) should not be punished.’-— Haradatta. Manu VIII, 354; Yaga. II, 284. 24. ‘I.e.a married woman to her husband or father-in-law, an unmarried damsel to her father or to her brother. — Haradatta. 27. 2. This Sfitra refers to the begetting of a Kshetraga son, and gives the usual rule, that only the Sagotras in the order of the grade of relationship, a brother-in-law, a Sapiada, &c., shall be employed for this purpose. 166 APASTAMBA. II, 10, 27. 3. For they declare, that a bride is given to the family (of her husband, and not to the husband alone). 4. That is (at present) forbidden on account of the weakness of (men’s) senses. 5. The hand (of a gentilis is considered in law to be) that of a stranger, and so is (that of any other person except the husband). 6. If the (marriage vow) is transgressed, both (husband and wife) certainly go to hell. 7. The reward (in the next world) resulting from obeying the restrictions of the law is preferable to offspring obtained in this manner (by means of Niyoga). 8. A man of one of the first three castes (who commits adultery) with a woman of the Sidra caste shall be banished. 9. A Sidra (who commits adultery) with a woman of one of the first three castes shall suffer capital punishment.
38. A man of one of the first three castes (who commits adultery) with a woman of the Sidra caste shall be banished. 9. A Sidra (who commits adultery) with a woman of one of the first three castes shall suffer capital punishment. 10. And he shall emaciate a woman who has committed adultery with a (Sddra, by making her undergo penances and fasts, in case she had no child). 11. They declare, that (a Brahmaza) who has 4. ‘For now-a-days the senses of men are weak, and therefore the peculiar (law formerly) in force regarding gentiles is so no longer, lest husbands should be set aside under the pretended sanction of the SAstras.’—Haradatta. 9. Manu VIII, 374; Yag#. II, 286. According to Haradatta, this refers to a Sidra servant who seduces a woman committed to his charge. In other cases the punishment prescribed, II, 10, 26, 10, is to take effect. The same opinion is expressed by Gautama. 11. This refers to the wife of a Srotriya, as Haradatta states according to Gautama. The penance is three years’ chastity. II, 10, 27. CIVIL AND CRIMINAL LAW. 167 once committed adultery with a married woman of equal class, shall perform one-fourth of the penance prescribed for an outcast. 12. In like manner for every repetition (of the crime), one-fourth of the penance (must be added). 13. (If the offence be committed) for the fourth time, the whole (penance of twelve years must be performed). 14. The tongue of a Sddra who speaks evil of a virtuous person, belonging to one of the first three castes, shall be cut out. 15. A Sfdra who assumes a position equal (to that of a member of one of the first three castes), in conversation, on the road, on a couch, in sitting (and on similar occasions), shall be flogged. 16. In case (a Sadra) commits homicide or theft, appropriates land (or commits similar heinous crimes), his property shall be confiscated and he himself shall suffer capital punishment. 17. But if these (offences be committed) by a Brahmaza, he shall be made blind (by tying a cloth over his eyes). 18. He shall keep in secret confinement him who violates the rules (of his caste or order), or any other sinner, until (he promises) amendment. 19. If he does not amend, he shall be banished. 20. A spiritual teacher, an officiating priest, a 15. In conversation, i.e. addressing Aryas familiarly, with tvam, ‘thou,’ &c. 17. Haradatta states expressly that the eyes of a Brahmaaa must not be put out by any sharp instrument. He should be kept blindfold all his life. 20. ‘The intercession is to take effect in this manner: that mutilation is commuted to a fine, a fine to a flogging, a flogging to a reprimand.’—Haradatta. 168 APASTAMBA. II, 11, 28. Snataka, and a prince shall be able to protect (a criminal from punishment by their intercession), except in case of a capital offence. Prasna II, Parata 11, Kuanpna 28.
The source text as printed, transcribed diplomatically. Where the source language uses a non-Latin script that reaches us only through a Victorian romanisation, this layer is labelled transliteration, because that is what we hold.
No commentary for this page.