The Sacred Laws of the Âryas, Part II — SBE Vol. 14 (trans. Georg Bühler, 1882)

20. (The truth of) that may be learned from this (parallel case); a man deficient in limbs begets a son who has the full number of limbs.

21. H4rita declares that this is wrong.

22. For wives may be (considered) similar to the

15. Apastamba I, 7, 21, 12-19 ; I, 10, 29, 15.

16. Govinda is probably right in asserting that the word 4a, ‘and
(so forth),’ is intended to include other not-named offences.

17. Apastamba I, 10, 29, 17-18.

18-23. Apastamba I, 10, 29, 8-14,p. 221 vessel which contains the curds (for the sacrifice). If one makes impure milk curdle in a milk-vessel and stirs it, the Sish¢as do not use the (curds thus produced) for sacred rites.

23. In like manner no intercourse can be held with that (offspring) which is produced from impure seed.

24. If they desire it, (they may perform) a penance,

25. (Viz. in the case of males) the third part (of the penance prescribed) for crimes causing loss of caste (patantya); for females the third part (of that).

26. Now they quote also (the following verse): ‘If he applies sesamum to any other purpose, but food, anointing, and charitable gifts, he will be born again as a worm and, together with his ancestors, be plunged into the ordure of dogs.’

27. He who sells sesamum, forsooth; sells his ‘ancestors; he who sells rice, forsooth, sells his life; he who gives away his daughter, making a bargain, forsooth, sells portions of his spiritual merit.

28. Grass and wood, in its natural state, may be sold.

29. Now they quote also (the following verse):
‘Animals that have teeth in one jaw only, as well as
minerals excepting salt, and undyed thread, these,
O Braéhmaaa, are the goods which thou art permitted
to sell.’

30. (If he has committed) any offence excepting a

25. I.e. males shall live, according to the rules given above in
Sfitras ro-11, during one year, and females during four months.

26. Vasish¢ha II, 30. 28, Apastamba I, 7, 21, 2.

29. The permission to sell ‘stones’ or minerals contradicts
Vasish¢ha II, 24.

30. Regarding the definition of the term ‘anféana,’ see above,
I, 11, 21, 13.

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mortal sin (pataka) he may either give to a learned Brahmama (andéana) a hairy cow of brown or reddish colour, after sprinkling her with clarified butter and scattering black sesamum seeds over her ;

31. Or (he may offer burnt oblations), reciting the Kiashm4mdas, during twelve days.

32. ‘(Thus) he will be freed from the guilt (of any crime that is) less (heinous) than the murder of a learned Braéhmaza,’

33. If one is accused of a mortal sin (pAtaka), a Krzkkhra (penance must be performed by the accused).

34. The accuser (shall perform) that (Krzééhra penance during) a year.

35. ‘He who during a year associates with an outcast, becomes (likewise) an outcast; not by sacrificing for him, by teaching him or by (forming) a matrimonial (alliance with him), but by using the same carriage or seat.’

34. The accuser (shall perform) that (Krzééhra penance during) a year.

35. ‘He who during a year associates with an outcast, becomes (likewise) an outcast; not by sacrificing for him, by teaching him or by (forming) a matrimonial (alliance with him), but by using the same carriage or seat.’

36. The penance for eating impure substances is to fast until the entrails are empty. That is attained in seven (days and) nights.

31. Regarding the efficacy of the Kftshm4nda texts, see e.g.
Gautama XIX, 12; XXII, 36.

33- Vasishtha XXIII, 37-38. 34. Vasishtha XXIII, 39.

35. Vasish/ha I, 22.

36. Apastamba I, 9, 27, 3-4; Vasish‘ka XXIII, 30. I follow here the Gugarat and Dekhan MSS., which read amedhyapr4sane prayaskittir naishpurishyam tat saptarAtrev4vapyate. M. and the two MSS. of the commentary give amedhyaprasane prayaskittam and leave the remainder out. The commentary states that the penance intended is the Taptakrzkkfra, described in the next Sfitra. The parallel passages of Apastamba and others leave no doubt that the northern MSS. in this case have preserved the older form of the text.

II, 1,2, PENANCES, 223

37. (Subsisting on) water, milk, clarified butter,
(and) fasting,—each for three days,—(and taking the
three fluids) hot, that is a Taptakzzé&hra penance.

38. (Eating) during three days in the morning only, during the (next) three days in the evening only, (subsisting) during (another) three days (on) food given unasked, and fasting during three days, (that is) a Kvzkkhra penance.

39. (If the period of twelve days is divided into) three (periods of) four days, that is the Krzkkhra penance of women, children, and aged men.

40. If (observing the rule given) above one eats (at each meal) so much only as one can take at one (mouthful), that is an Atikyzééhra penance.

41. (If one) subsists on water only, that is a Krikkhratikrikkhra, the third (in the order of the Krikkhra penances).

42. During a Kvzkkhra penance (the following rules must be followed, viz.) to bathe at morn, noon, and evening,

43. To sleep on the ground,

44. To wear one garment only, to shave the hair of the head, of the beard, and of the body, and to clip the nails.

45. The same (rules apply) to women except
(that referring to) shaving the head.

37. Vasishéha XXI, 21.

38. Vasishtha XXI, 20. M. and the two MSS. of the commentary omit the word ‘ krnkkhrah’ at the end of the Sftra.

39. Vasish/ha XXIII, 43. 40. Vasishtha XXIV, 2.

41. Vasish‘ha XXIV, 3. Govinda gives another explanation of the word trittya, ‘the third,’ according to which it is to refer to the third tryaha, or ‘ period of three days.’

42-44. Vasishéha XXIV, 4-5.

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Prasna II, ApuyAya 2, KawnopiKA 3.

40. Vasishtha XXIV, 2.

41. Vasish‘ha XXIV, 3. Govinda gives another explanation of the word trittya, ‘the third,’ according to which it is to refer to the third tryaha, or ‘ period of three days.’

42-44. Vasishéha XXIV, 4-5.

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Prasna II, ApuyAya 2, KawnopiKA 3.

1. A Brahmaza who always carries water (in his pot), who always wears the sacred thread, who daily recites the Veda, who avoids the food of Sddras, who approaches (his wife) in the proper season, and offers sacrifices in accordance with the rules (of the Veda, after death) never falls from Brahman’s heaven.

2. The Veda (says), ‘Manu divided his estate

| among his sons.’

3. (A father may, therefore, divide his property)

- equally among all, without (making any) difference ;

4. Or the eldest may receive the most excellent chattel.

5. (For) the Veda says, ‘Therefore, they distinguish the eldest by (an additional share of the) property.

6. Or the eldest may receive (in excess) one part out of ten;

7. (And) the other (sons) shall receive equal shares,

8. While the father lives, the division of the estate takes place (only) with the permission of the father.

3. 1. Vasishzha VIII, 17.

2. Taittirlya Samhita III,1, 9,4.

3. Colebrooke V, Dig. XL. Govinda points out that this rule refers to sons equal by caste, origin, ‘and virtue.

4. Colebrooke, loc. cit.; Vishzu XVIII, 37.

5. Taittirlya Samhita II, 5, 2,7. See also the discussion on this text, Apastamba Il, 6, 14, 10-13.

6. Colebrooke, loc. cit.; Vasish‘ha XVII, 43.

4. Colebrooke, loc. cit.; Gautama XXVIII, 8.

8. Colebrooke V, Dig. XXII; Dayabhaga II, 8. In C.’s Digest

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9. The (additional) share of the eldest is, (according to the order) of the four castes, a cow, a horse, a goat, and a sheep.

• 10. If there are sons born of wives of different castes (varza), they should make ten portions of the
• - ancestral property and take four (shares), three, two, (and) one, according to the order (of the castes).

11. But if a legitimate son of the body (aurasa) is born, the (other) sons of equal caste shall obtain one third share (of the estate).

12. If there is a son of equal caste and a son of the first clause is omitted and connected with the following Sftra. Govinda agrees with Gimftavahana.

9. Colebrooke V, Dig. XLIX. The rule is an explanation of the term varam rftpam, ‘the most excellent chattel,’ in Sftra 4. The meaning probably is, as the Digest states, that among Brahmazas it is usual to give to the eldest a bull, among Kshatriyas a horse, and so forth.

10. Vasishtha XVII, 48-50; Vishvu XVIII, 2-40; where the several cases that can arise have been fully worked out.