Fetching
One moment.
Fetching
One moment.
Romanised transliteration as printed by the translator, not the original script. This is what we hold.
14. If he has slain a milch-cow or a draught-ox, he shall perform a KAndrayama (lunar penance) after (paying the prescribed fine). 5. The (punishment for the) murder of a (Brahmazt) who had bathed after temporary uncleanness has been explained by (the rule regarding) the murder of a Kshatriya. 6. For killing a flamingo, a Bhasa, a peacock, a Brahmamt duck, a Pragalaka, a crow, an owl, a frog, a musk-rat, a dog, (the large ichneumon called) Babhru, a common ichneumon, and so forth, (the offender shall pay) the same (fine) as (for the murder of) a Sddra. 7. In order to gain the good opinion of men, a witness shall give evidence in accordance with what he has seen or heard. nartham in two ways: 1. in expiation of his sin; 2. in order to remove the enmity of the relatives of the murdered man. He adds all these punishments are really penances (prayaséittas) to be imposed by the king. Apastamba has these Sfitras in the section on penances. . Apastamba I, g, 24, 2-4. . Apastamba I, 9, 24,53 I, 9,.26,1. . Vasish¥ha XX, 34, 37. 6. Apastamba I, 9, 25; 13. . Vishau VIII, 13-14. TOW wv I, 10, 19. ‘ WITNESSES. 203 8. Of injustice (in decisions) one quarter falls on the party in the cause, one quarter on his witnesses, one quarter on all the judges, and one quarter on the king. But where he who deserves condemnation is condemned, the king is guiltless and the judges free from blame; the guilt falls on the offender (alone). 9. (Therefore) a wise man should ask an appointed witness in the following manner : 10. ‘The merit which thou hast acquired in the interval between the night in which thou wast born and that in which thou wilt die, all that will go to the king, if thou speakest an untruth.’ 11. ‘A witness who speaks falsely, slays three fathers and three grandfathers and seven (descendants), both the born and the unborn.’ 12. ‘ By false testimony concerning gold he kills three ancestors ; by false testimony regarding (small) cattle he kills five; by false testimony concerning kine he kills ten.’ ‘He kills a hundred by false evidence regarding horses, (and) a thousand by false evidence concerning a man. A witness who speaks falsely, destroys the whole (world) by false evidence concerning land.’ 8. Manu VIII, 18-19. 9. I read, with the Telugu copy of the commentary, sakshizam tvevam uddish/am. All the MSS. of the text and C. I. read sakshizam daivam uddishfam. Govinda’s explanation, adhuné nirdish‘in sakshina evam prikkhed iti padanvayad, ‘the construction of the words is, “let him now ask the appointed witnesses in the following manner,”’ agrees with the reading adopted. to. Vasishtha XVI, 32-33. 11. ‘ Three fathers and three grandfathers,’ i.e. seven ancestors. 12. Vasish/ha XVI, 34. Regarding the explanation of the 204 BAUDHAYANA. I, 10, 19. 13. (Men of) the four castes (varza) who have sons may be witnesses excepting Srotriyas, the king, ascetics, and those who are destitute of human (intellect).
2seven ancestors. 12. Vasish/ha XVI, 34. Regarding the explanation of the 204 BAUDHAYANA. I, 10, 19. 13. (Men of) the four castes (varza) who have sons may be witnesses excepting Srotriyas, the king, ascetics, and those who are destitute of human (intellect). 14. If (the witness rightly) recollects (the facts of) the case (he will receive) commendation from the most eminent men. 15. In the contrary case (he will) fall into hell. 16. Let him (who has given false evidence), drink hot milk during twelve (days and) nights or offer burnt oblations (reciting) the KashmAéda (texts). words ‘he kills,’ see Manu VIII, 97, and Haradatta on Gautama XIII, 14. . 13. Vasish/ha XVI, 28-30. The text has raganya, ‘members of the royal family.’ But the parallel passages of other Dharmasiitras, e.g. Vishzu VIII, 2, make it probable that the king is meant. 14. Apastamba II, rz, 29, 10. Govinda takes the Sftra differently. His commentary runs as follows: sdkshidvaye sati ragn4 tatpurushais 4a kim kartavyam ity ata 4ha " smritau pradhanatah pratipattiZ i pradhanyatas taponirdish/avidy4dibhiz | tadvaAanat pratipattir niskayak karya ityadhy4harak karyah ‘What shall the king and his officers do, if there are two witnesses? In order to answer this question he says: “Qn recollection, according to preeminence, reliance.” According to pre-eminence, i.e. on account of austerities, (being) appointed (as a witness), learning and the like ; in accordance with the evidence of such person’s conviction, i.e. the decision must be made. The latter word has to be understood.’ Govinda then goes on to quote Manu VIII, 73. 15. Apastamba II, 11, 29, 9. Govinda and M. read kartrzpatyam for kartapatyam, the reading of the Dekhan and Gugarat MSS. The explanation of the former term is said to be doshaf, ‘sin.’ Regarding the ancient word kartapatya, which Govinda and the writer of M. have not understood, see Haradatta on Apastamba I, 2, 5, 3 16. In accordance with his explanation of Siatra 14, Govinda thinks that this penance is to be performed by the king and the judges in case they fail to weigh the evidence properly. But I, 11, 20. MARRIAGE. 205 Prasna I, ApuyAya 11, KawpikA 20. 1. (There are) eight marriage-rites. 2. If (the father) gives (his daughter) to a student (who has not broken his vow of chastity and) who asks for her, after fully enquiring into his learning and character, that (is) the rite of Brahman (brahma). 3. If (the father gives his daughter away) after clothing her and decking her with ornaments, (saying) ‘That (is thy wife), fulfil the law (with her),’ that (is) the rite of Pragdpati (pragApatya). 4. If (the bridegroom) after offering the first burnt oblation of parched grain (receives the maiden) for a bull and a cow, that is the rite of the Azshis (arsha). 5. If (a maiden is given) to an officiating priest within the sacrificial enclosure, while the presents are being taken away, that (is) the rite of the gods (daiva).
35. If (a maiden is given) to an officiating priest within the sacrificial enclosure, while the presents are being taken away, that (is) the rite of the gods (daiva). according to Manu VIII, 106, Vishnu VIII, 16, the oblations with the Kfishm4ndas (Taitt. Ar. X, 3-5) are to be offered for uttering in evidence a venial falsehood. That is, no doubt, here, too, the real meaning. 20. 1. Vishnu XXIV, 17. 2. Vasish/ha I, 30. The word brahmaédarin has, no doubt, as Govinda too contends, been used in the double sense of ‘a student of the Veda’ and ‘chaste.’ 3. Vishnu XXIV, 22. 4. Wasish/ha I, 32. ‘After the first of the burnt oblations of parched grain, which are prescribed for weddings, has been offered, the bridegroom shall give to him who has power over the maiden a bull and a cow, and receive them back together with the (bride).’— Govinda. 5. Vasishéha I, 31. According to this rule the damsel is given 206 BAUDHAYANA. I, 11, 20. 6. The union of a lover with a loving damsel (is called) the rite of the Gandharvas (gAandharva). 7. (If the bridegroom receives the maiden) after gladdening (the parents) by money, (that is) the rite of the Asuras (Asura). 8. (If the maiden is wedded) after being forcibly abducted, (that is) the rite of the Rdakshasas (rakshasa). 9. If one has intercourse with (a maiden) who is sleeping, intoxicated, or out of her senses (with fear or passion and weds her afterwards, that is) the rite of the Pisd#as (paisdéa). 10. Among these (eight rites) the four first (named) are (lawful) for a Brahmaza. Among these also each earlier named is preferable. 11, Among the (four) later (named rites) each succeeding one is more sinful (than the preceding ones). 12. Among these the sixth and the seventh agree with the law of the Kshatriyas. For power is their attribute. as part of the sacrificial fee (dakshiv&) to one of the priests after a sacrifice has been completed. Govinda adds that the recipient has to accept the gift with the six mantras, ‘ pragdpati striyam yasah, Taitt. Brahmaza II, 4,6,5. In his commentary on the passage Sdyava makes the same statement. Govinda adds that in this case as well as in those mentioned in the following Sfitras the regular marriage ceremony must be performed later. 6. Vasishéha I, 33. 4. Vasishzha I, 35. 8. Vasishéha I, 34. 9. Vishnu XXIV, 26. 10. Vishvu XXIV, 27. 12. Vishnu XXIV, 28; Vasishéha I, 29, 34. The meaning of the last clause is that as, according to I, 10, 18, 3, Brahman placed power in the Kshatriyas, they may adopt marriage rites by which a disregard of conventionalities or strength is displayed. I, 11, 21. MARRIAGE. 207 13. The fifth and the eighth (are lawful) for Vaisyas and Sidras. 14. For Vaisyas and Sfdras are not particular about their wives, 15. Because they are allowed (to subsist by such low occupations as) husbandry and service. 16. Some recommend the Gandharva rite for all (castes), because it is based on (mutual) affection. Prasna I, ApuyAva 11, Kawo1KA 21.
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.
14. If he has slain a milch-cow or a draught-ox, he shall perform a KAndrayama (lunar penance) after (paying the prescribed fine). 5. The (punishment for the) murder of a (Brahmazt) who had bathed after temporary uncleanness has been explained by (the rule regarding) the murder of a Kshatriya. 6. For killing a flamingo, a Bhasa, a peacock, a Brahmamt duck, a Pragalaka, a crow, an owl, a frog, a musk-rat, a dog, (the large ichneumon called) Babhru, a common ichneumon, and so forth, (the offender shall pay) the same (fine) as (for the murder of) a Sddra. 7. In order to gain the good opinion of men, a witness shall give evidence in accordance with what he has seen or heard. nartham in two ways: 1. in expiation of his sin; 2. in order to remove the enmity of the relatives of the murdered man. He adds all these punishments are really penances (prayaséittas) to be imposed by the king. Apastamba has these Sfitras in the section on penances. . Apastamba I, g, 24, 2-4. . Apastamba I, 9, 24,53 I, 9,.26,1. . Vasish¥ha XX, 34, 37. 6. Apastamba I, 9, 25; 13. . Vishau VIII, 13-14. TOW wv I, 10, 19. ‘ WITNESSES. 203 8. Of injustice (in decisions) one quarter falls on the party in the cause, one quarter on his witnesses, one quarter on all the judges, and one quarter on the king. But where he who deserves condemnation is condemned, the king is guiltless and the judges free from blame; the guilt falls on the offender (alone). 9. (Therefore) a wise man should ask an appointed witness in the following manner : 10. ‘The merit which thou hast acquired in the interval between the night in which thou wast born and that in which thou wilt die, all that will go to the king, if thou speakest an untruth.’ 11. ‘A witness who speaks falsely, slays three fathers and three grandfathers and seven (descendants), both the born and the unborn.’ 12. ‘ By false testimony concerning gold he kills three ancestors ; by false testimony regarding (small) cattle he kills five; by false testimony concerning kine he kills ten.’ ‘He kills a hundred by false evidence regarding horses, (and) a thousand by false evidence concerning a man. A witness who speaks falsely, destroys the whole (world) by false evidence concerning land.’ 8. Manu VIII, 18-19. 9. I read, with the Telugu copy of the commentary, sakshizam tvevam uddish/am. All the MSS. of the text and C. I. read sakshizam daivam uddishfam. Govinda’s explanation, adhuné nirdish‘in sakshina evam prikkhed iti padanvayad, ‘the construction of the words is, “let him now ask the appointed witnesses in the following manner,”’ agrees with the reading adopted. to. Vasishtha XVI, 32-33. 11. ‘ Three fathers and three grandfathers,’ i.e. seven ancestors. 12. Vasish/ha XVI, 34. Regarding the explanation of the 204 BAUDHAYANA. I, 10, 19. 13. (Men of) the four castes (varza) who have sons may be witnesses excepting Srotriyas, the king, ascetics, and those who are destitute of human (intellect).
2seven ancestors. 12. Vasish/ha XVI, 34. Regarding the explanation of the 204 BAUDHAYANA. I, 10, 19. 13. (Men of) the four castes (varza) who have sons may be witnesses excepting Srotriyas, the king, ascetics, and those who are destitute of human (intellect). 14. If (the witness rightly) recollects (the facts of) the case (he will receive) commendation from the most eminent men. 15. In the contrary case (he will) fall into hell. 16. Let him (who has given false evidence), drink hot milk during twelve (days and) nights or offer burnt oblations (reciting) the KashmAéda (texts). words ‘he kills,’ see Manu VIII, 97, and Haradatta on Gautama XIII, 14. . 13. Vasish/ha XVI, 28-30. The text has raganya, ‘members of the royal family.’ But the parallel passages of other Dharmasiitras, e.g. Vishzu VIII, 2, make it probable that the king is meant. 14. Apastamba II, rz, 29, 10. Govinda takes the Sftra differently. His commentary runs as follows: sdkshidvaye sati ragn4 tatpurushais 4a kim kartavyam ity ata 4ha " smritau pradhanatah pratipattiZ i pradhanyatas taponirdish/avidy4dibhiz | tadvaAanat pratipattir niskayak karya ityadhy4harak karyah ‘What shall the king and his officers do, if there are two witnesses? In order to answer this question he says: “Qn recollection, according to preeminence, reliance.” According to pre-eminence, i.e. on account of austerities, (being) appointed (as a witness), learning and the like ; in accordance with the evidence of such person’s conviction, i.e. the decision must be made. The latter word has to be understood.’ Govinda then goes on to quote Manu VIII, 73. 15. Apastamba II, 11, 29, 9. Govinda and M. read kartrzpatyam for kartapatyam, the reading of the Dekhan and Gugarat MSS. The explanation of the former term is said to be doshaf, ‘sin.’ Regarding the ancient word kartapatya, which Govinda and the writer of M. have not understood, see Haradatta on Apastamba I, 2, 5, 3 16. In accordance with his explanation of Siatra 14, Govinda thinks that this penance is to be performed by the king and the judges in case they fail to weigh the evidence properly. But I, 11, 20. MARRIAGE. 205 Prasna I, ApuyAya 11, KawpikA 20. 1. (There are) eight marriage-rites. 2. If (the father) gives (his daughter) to a student (who has not broken his vow of chastity and) who asks for her, after fully enquiring into his learning and character, that (is) the rite of Brahman (brahma). 3. If (the father gives his daughter away) after clothing her and decking her with ornaments, (saying) ‘That (is thy wife), fulfil the law (with her),’ that (is) the rite of Pragdpati (pragApatya). 4. If (the bridegroom) after offering the first burnt oblation of parched grain (receives the maiden) for a bull and a cow, that is the rite of the Azshis (arsha). 5. If (a maiden is given) to an officiating priest within the sacrificial enclosure, while the presents are being taken away, that (is) the rite of the gods (daiva).
35. If (a maiden is given) to an officiating priest within the sacrificial enclosure, while the presents are being taken away, that (is) the rite of the gods (daiva). according to Manu VIII, 106, Vishnu VIII, 16, the oblations with the Kfishm4ndas (Taitt. Ar. X, 3-5) are to be offered for uttering in evidence a venial falsehood. That is, no doubt, here, too, the real meaning. 20. 1. Vishnu XXIV, 17. 2. Vasish/ha I, 30. The word brahmaédarin has, no doubt, as Govinda too contends, been used in the double sense of ‘a student of the Veda’ and ‘chaste.’ 3. Vishnu XXIV, 22. 4. Wasish/ha I, 32. ‘After the first of the burnt oblations of parched grain, which are prescribed for weddings, has been offered, the bridegroom shall give to him who has power over the maiden a bull and a cow, and receive them back together with the (bride).’— Govinda. 5. Vasishéha I, 31. According to this rule the damsel is given 206 BAUDHAYANA. I, 11, 20. 6. The union of a lover with a loving damsel (is called) the rite of the Gandharvas (gAandharva). 7. (If the bridegroom receives the maiden) after gladdening (the parents) by money, (that is) the rite of the Asuras (Asura). 8. (If the maiden is wedded) after being forcibly abducted, (that is) the rite of the Rdakshasas (rakshasa). 9. If one has intercourse with (a maiden) who is sleeping, intoxicated, or out of her senses (with fear or passion and weds her afterwards, that is) the rite of the Pisd#as (paisdéa). 10. Among these (eight rites) the four first (named) are (lawful) for a Brahmaza. Among these also each earlier named is preferable. 11, Among the (four) later (named rites) each succeeding one is more sinful (than the preceding ones). 12. Among these the sixth and the seventh agree with the law of the Kshatriyas. For power is their attribute. as part of the sacrificial fee (dakshiv&) to one of the priests after a sacrifice has been completed. Govinda adds that the recipient has to accept the gift with the six mantras, ‘ pragdpati striyam yasah, Taitt. Brahmaza II, 4,6,5. In his commentary on the passage Sdyava makes the same statement. Govinda adds that in this case as well as in those mentioned in the following Sfitras the regular marriage ceremony must be performed later. 6. Vasishéha I, 33. 4. Vasishzha I, 35. 8. Vasishéha I, 34. 9. Vishnu XXIV, 26. 10. Vishvu XXIV, 27. 12. Vishnu XXIV, 28; Vasishéha I, 29, 34. The meaning of the last clause is that as, according to I, 10, 18, 3, Brahman placed power in the Kshatriyas, they may adopt marriage rites by which a disregard of conventionalities or strength is displayed. I, 11, 21. MARRIAGE. 207 13. The fifth and the eighth (are lawful) for Vaisyas and Sidras. 14. For Vaisyas and Sfdras are not particular about their wives, 15. Because they are allowed (to subsist by such low occupations as) husbandry and service. 16. Some recommend the Gandharva rite for all (castes), because it is based on (mutual) affection. Prasna I, ApuyAva 11, Kawo1KA 21.
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.