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Romanised transliteration as printed by the translator, not the original script. This is what we hold.
1and the commentary give. 36. Colebrooke V, Dig. CCCCLII; Vasish#za XVI, 8,9. ‘The 230 BAUDHAYANA. TI, 2, 3. those who are minors, as well as the increments (thereon). 37. Granting food, clothes, (and shelter), they shall support those who are incapable of transacting legal business, 38. (Viz.) the blind, idiots, those immersed in vice, the incurably diseased, and so forth, 39. Those who neglect their duties and occupations ; 40. But not the outcast nor his offspring. 41. Intercourse with outcasts shall not take place. 42. But he shall support an outcast mother, without speaking to her. 43. The daughters shall obtain the ornaments of their mother, (as many as are) presented according to the custom (of the caste), or anything else (that may be given according to custom). increments, i.e. the proper interest. Thus the money of minors shall bear interest.'—Govinda. 37. Colebrooke V, Dig. CCCXXVIII; Dayabhaga V, 12; Vyavaharamayfikha IV, 11,10; Vasish#ha XVII, 52-54. 38. Colebrooke and Mayfkha, loc. cit. ‘The expression “and so forth” includes hunchbacks and other (disabled) persons.’—Govinda. Vyasanin, ‘immersed in vice,’ may also mean ‘ afflicted by ‘calamities,’ and is perhaps intended to be taken both ways. 39. Colebrooke and Mayfkha, loc. cit. Akarmizas, ‘those who neglect their duties and occupations,’ i.e. those who though able (to fulfil their duties are) indolent.—Govinda. 40. Colebrooke and May(kha, loc. cit.; Burnell, Dayabhaga 49. 42. Gautama XXI, 15, and note. 43. Colebrooke V, Dig. CXXX; Vasish##a XVII, 46. ‘S4mprad4yikam (literally ‘‘ customary”) qualifies (the word) ornaments ; sAmpradayikam (means) what is obtained according to custom; what is given to their mother by the maternal grandfather and grandmother, that (is called) simpradayikam. “Or anything else,” (viz.) presented according to custom, (e.g.) a bedstead and the II, 2, 3- INHERITANCE. 231 44. Women do not possess independence. 45. Now they quote also (the following verse): ‘Their father protects (them) in childhood, their husband protects (them) in youth, and their sons protect (them) in old age; a woman is never fit for independence.’ 46. The Veda declares, ‘Therefore women are considered to be destitute of strength and of a portion.’ like, a couch, and an outer garment, and the like. So much and nothing else shall the daughters receive.’—Govinda. 44. Vasish‘ha V,1. All the MSS. of the text read na strisv4tantryam vidyate, while the text given by the two copies of the commentary has na strf svatantryam vindate. Govinda asserts that the Sfitra is intended to forbid the independent action of women with respect to things inherited. The correct view probably is that with this Sitra the topic of the duties and rights of women begins, and that the rule contains a general maxim. 45. Vasishéha V, 2.
2Govinda asserts that the Sfitra is intended to forbid the independent action of women with respect to things inherited. The correct view probably is that with this Sitra the topic of the duties and rights of women begins, and that the rule contains a general maxim. 45. Vasishéha V, 2. 46. Colebrooke V, Dig. CXXXI. The text is in great confusion. The Dekhan and Gugarat MSS., except K., read, na dayam nirindriya hyadayas a striyo mata iti srutiz; K. has, tasmat[n]nirindriya hy. st. m. i. sru. ! tasmat striyo nirindriya addyadfir api papat ; while M. and the I.O. copy of the commentary have, tasmannirindriya aday4s 4a striyo mata iti sruti# [sftiz, M.] The Telugu copy is mutilated, and reads nadayantiriti srutiz. Though the reading of the Dekhan MSS. is supported by Mitramisra Viramitrodaya, fol. 209, p. 1, |. 3, it is certainly not the original one, for there is no verb by which the accusative ‘dayam’ is governed. Mitramisra’s attempt to make it depend on ‘arhati’ in the verse quoted in Sftra 45 is futile, because, according to the usage of the Sftrakdras, a Sfttra may be completed by a verb taken from another original aphorism of the author, but cannot be connected with a portion of a quotation taken from some other work. This same principle, of course, applies not only to Sfitras, but to the writings of all other authors, whether Indian or European. The reading of K., M., and of the I. O. copy of the commentary is not open to the objection just mentioned, and therefore preferable. But it seems to me highly probable that, nevertheless, it is not 232 BAUDHAYANA. Il, 2, 3. 47. Those (women) who strive (to do what is) agreeable to their husbands will gain heaven. 48. But for a violation (of their duty towards the husband) a Kvz#éhra penance (must be performed). 49. (For violating it) with a Sddra (a woman) shall perform a lunar penance (£4ndr4yama) ; 50. (For violating it) against the order of the castes with a Vaisya and so forth, she shall perform a Krvzk&fra or an (Atikrzkkhra) penance. 51. For male (offenders, i.e.) Brahmazas and so forth, a year’s chastity (is prescribed).
3(For violating it) against the order of the castes with a Vaisya and so forth, she shall perform a Krvzk&fra or an (Atikrzkkhra) penance. 51. For male (offenders, i.e.) Brahmazas and so forth, a year’s chastity (is prescribed). quite genuine ; for the word ‘ tasmat,’ with which it begins, is not required, because its sense is already expressed by the following ‘hi,’ and because the Sftra apparently contains half an Anush/ubh Sloka, which the insertion of tasmat destroys. It is also easy to see how it came to be inserted. Every Yagurved? who read the passage would be reminded of the analogous passage of the Taittiriya Samhita VI, 5, 8, 2, ‘tasmat striyo nirindriya aday4dir api papat pumsah upastitaram,’ which in K. has actually been inserted after our Sfitra. In the Vedic Mantra ‘tasmAt’ is required, and is certainly the genuine reading. Hence it seems to have been transferred into Baudhayana’s text, possibly by the mistake of some scribe who, according to the habit of his kind, took a marginal reference to the beginning of the Vedic passage for a correction of the text. In my opinion it must be thrown out. The sense of the half verse remains exactly the same. It corresponds to Manu IX,18. According to Govindasvamin and others its object is to show that women are incapable of inheriting, and the word daya, ‘ portion,’ must be taken in the sense of ‘a share of the inheritance.’ For a full discussion of this point, I refer to the Introductory Note on Book I, Chapter II, Sect.14 of West and Biihler’s Digest of H. L. C., third edition. 47. Vishnu XXV, 15,17; Wasish‘ha XXI, 14. 48-50. Vasish/ha XXI, 6-13. 51. Govinda points out that this rule refers to adultery with women of equal caste, and thinks that the word ‘chastity’ indicates that Krzkkhra penances are to be performed; Vasish¢ha XXI, 16,17; Vishzu LIII, 2. But see Gautama XXII, 29. TI, 2, 4. WOMEN, 233 52. Let him burn a Sddra (who commits adultery with an Aryan) in a straw-fire. 53. Now they quote also (the following verses): Prasna II, ApuyAva 2, KawopiKA 4. 1. ‘Anybody but a Brahmamza shall suffer corporal punishment for adultery.’ 2. ‘The wives (of men) of all castes must be guarded more carefully than wealth.’ 3. ‘But corporal punishment (shall) not (be in-flicted) for (adultery with) the wives of minstrels and with those who appear on the stage. For (the husbands) carry them (to other men), or, lying concealed (at home), permit them to hold culpable intercourse.’ 4. ‘Women (possess) an unrivalled means of purification ; they never become (entirely) foul. For month by month their temporary uncleanness removes their sins.’ . 5. ‘Soma gave them cleanliness, the Gandharva their melodious voice, and Fire purity of all (limbs); therefore women are free from stains.’ 52. Vasish¢ha XXI, 1, 5.
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.
1and the commentary give. 36. Colebrooke V, Dig. CCCCLII; Vasish#za XVI, 8,9. ‘The 230 BAUDHAYANA. TI, 2, 3. those who are minors, as well as the increments (thereon). 37. Granting food, clothes, (and shelter), they shall support those who are incapable of transacting legal business, 38. (Viz.) the blind, idiots, those immersed in vice, the incurably diseased, and so forth, 39. Those who neglect their duties and occupations ; 40. But not the outcast nor his offspring. 41. Intercourse with outcasts shall not take place. 42. But he shall support an outcast mother, without speaking to her. 43. The daughters shall obtain the ornaments of their mother, (as many as are) presented according to the custom (of the caste), or anything else (that may be given according to custom). increments, i.e. the proper interest. Thus the money of minors shall bear interest.'—Govinda. 37. Colebrooke V, Dig. CCCXXVIII; Dayabhaga V, 12; Vyavaharamayfikha IV, 11,10; Vasish#ha XVII, 52-54. 38. Colebrooke and Mayfkha, loc. cit. ‘The expression “and so forth” includes hunchbacks and other (disabled) persons.’—Govinda. Vyasanin, ‘immersed in vice,’ may also mean ‘ afflicted by ‘calamities,’ and is perhaps intended to be taken both ways. 39. Colebrooke and Mayfkha, loc. cit. Akarmizas, ‘those who neglect their duties and occupations,’ i.e. those who though able (to fulfil their duties are) indolent.—Govinda. 40. Colebrooke and May(kha, loc. cit.; Burnell, Dayabhaga 49. 42. Gautama XXI, 15, and note. 43. Colebrooke V, Dig. CXXX; Vasish##a XVII, 46. ‘S4mprad4yikam (literally ‘‘ customary”) qualifies (the word) ornaments ; sAmpradayikam (means) what is obtained according to custom; what is given to their mother by the maternal grandfather and grandmother, that (is called) simpradayikam. “Or anything else,” (viz.) presented according to custom, (e.g.) a bedstead and the II, 2, 3- INHERITANCE. 231 44. Women do not possess independence. 45. Now they quote also (the following verse): ‘Their father protects (them) in childhood, their husband protects (them) in youth, and their sons protect (them) in old age; a woman is never fit for independence.’ 46. The Veda declares, ‘Therefore women are considered to be destitute of strength and of a portion.’ like, a couch, and an outer garment, and the like. So much and nothing else shall the daughters receive.’—Govinda. 44. Vasish‘ha V,1. All the MSS. of the text read na strisv4tantryam vidyate, while the text given by the two copies of the commentary has na strf svatantryam vindate. Govinda asserts that the Sfitra is intended to forbid the independent action of women with respect to things inherited. The correct view probably is that with this Sitra the topic of the duties and rights of women begins, and that the rule contains a general maxim. 45. Vasishéha V, 2.
2Govinda asserts that the Sfitra is intended to forbid the independent action of women with respect to things inherited. The correct view probably is that with this Sitra the topic of the duties and rights of women begins, and that the rule contains a general maxim. 45. Vasishéha V, 2. 46. Colebrooke V, Dig. CXXXI. The text is in great confusion. The Dekhan and Gugarat MSS., except K., read, na dayam nirindriya hyadayas a striyo mata iti srutiz; K. has, tasmat[n]nirindriya hy. st. m. i. sru. ! tasmat striyo nirindriya addyadfir api papat ; while M. and the I.O. copy of the commentary have, tasmannirindriya aday4s 4a striyo mata iti sruti# [sftiz, M.] The Telugu copy is mutilated, and reads nadayantiriti srutiz. Though the reading of the Dekhan MSS. is supported by Mitramisra Viramitrodaya, fol. 209, p. 1, |. 3, it is certainly not the original one, for there is no verb by which the accusative ‘dayam’ is governed. Mitramisra’s attempt to make it depend on ‘arhati’ in the verse quoted in Sftra 45 is futile, because, according to the usage of the Sftrakdras, a Sfttra may be completed by a verb taken from another original aphorism of the author, but cannot be connected with a portion of a quotation taken from some other work. This same principle, of course, applies not only to Sfitras, but to the writings of all other authors, whether Indian or European. The reading of K., M., and of the I. O. copy of the commentary is not open to the objection just mentioned, and therefore preferable. But it seems to me highly probable that, nevertheless, it is not 232 BAUDHAYANA. Il, 2, 3. 47. Those (women) who strive (to do what is) agreeable to their husbands will gain heaven. 48. But for a violation (of their duty towards the husband) a Kvz#éhra penance (must be performed). 49. (For violating it) with a Sddra (a woman) shall perform a lunar penance (£4ndr4yama) ; 50. (For violating it) against the order of the castes with a Vaisya and so forth, she shall perform a Krvzk&fra or an (Atikrzkkhra) penance. 51. For male (offenders, i.e.) Brahmazas and so forth, a year’s chastity (is prescribed).
3(For violating it) against the order of the castes with a Vaisya and so forth, she shall perform a Krvzk&fra or an (Atikrzkkhra) penance. 51. For male (offenders, i.e.) Brahmazas and so forth, a year’s chastity (is prescribed). quite genuine ; for the word ‘ tasmat,’ with which it begins, is not required, because its sense is already expressed by the following ‘hi,’ and because the Sftra apparently contains half an Anush/ubh Sloka, which the insertion of tasmat destroys. It is also easy to see how it came to be inserted. Every Yagurved? who read the passage would be reminded of the analogous passage of the Taittiriya Samhita VI, 5, 8, 2, ‘tasmat striyo nirindriya aday4dir api papat pumsah upastitaram,’ which in K. has actually been inserted after our Sfitra. In the Vedic Mantra ‘tasmAt’ is required, and is certainly the genuine reading. Hence it seems to have been transferred into Baudhayana’s text, possibly by the mistake of some scribe who, according to the habit of his kind, took a marginal reference to the beginning of the Vedic passage for a correction of the text. In my opinion it must be thrown out. The sense of the half verse remains exactly the same. It corresponds to Manu IX,18. According to Govindasvamin and others its object is to show that women are incapable of inheriting, and the word daya, ‘ portion,’ must be taken in the sense of ‘a share of the inheritance.’ For a full discussion of this point, I refer to the Introductory Note on Book I, Chapter II, Sect.14 of West and Biihler’s Digest of H. L. C., third edition. 47. Vishnu XXV, 15,17; Wasish‘ha XXI, 14. 48-50. Vasish/ha XXI, 6-13. 51. Govinda points out that this rule refers to adultery with women of equal caste, and thinks that the word ‘chastity’ indicates that Krzkkhra penances are to be performed; Vasish¢ha XXI, 16,17; Vishzu LIII, 2. But see Gautama XXII, 29. TI, 2, 4. WOMEN, 233 52. Let him burn a Sddra (who commits adultery with an Aryan) in a straw-fire. 53. Now they quote also (the following verses): Prasna II, ApuyAva 2, KawopiKA 4. 1. ‘Anybody but a Brahmamza shall suffer corporal punishment for adultery.’ 2. ‘The wives (of men) of all castes must be guarded more carefully than wealth.’ 3. ‘But corporal punishment (shall) not (be in-flicted) for (adultery with) the wives of minstrels and with those who appear on the stage. For (the husbands) carry them (to other men), or, lying concealed (at home), permit them to hold culpable intercourse.’ 4. ‘Women (possess) an unrivalled means of purification ; they never become (entirely) foul. For month by month their temporary uncleanness removes their sins.’ . 5. ‘Soma gave them cleanliness, the Gandharva their melodious voice, and Fire purity of all (limbs); therefore women are free from stains.’ 52. Vasish¢ha XXI, 1, 5.
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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