Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
16. Colebrooke, Mitaékshara I, 11, 13, and note; Dattakami- 76 VASISHTHA. XV, 7. his 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 XV, 18. EXCOMMUNICATION AND READMISSION. 77 , 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.
2And 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. 78 VASISHTHA. XV, 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 XVI, 7. LEGAL PROCEDURE. 79 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).
35. 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 80 VASISHTHA. XVI, 8. 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.
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.
16. Colebrooke, Mitaékshara I, 11, 13, and note; Dattakami- 76 VASISHTHA. XV, 7. his 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 XV, 18. EXCOMMUNICATION AND READMISSION. 77 , 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.
2And 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. 78 VASISHTHA. XV, 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 XVI, 7. LEGAL PROCEDURE. 79 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).
35. 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 80 VASISHTHA. XVI, 8. 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.
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.
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