16. The term yonisambandha, 'related (within six degrees),' corresponds to the more common Sapin^/a of Manu, Ya^Savalkya, and others; see the definitions given below, II, 7, 15, 2. In Apastamba's terminology Sapiwff'a has probably a more restricted sense. It seems very doubtful whether Haradatta's explanation of ^a, translated by ' or,' is correct, and whether his interpolation of 'the fathers' ought to be admitted. Probably Sfttra 15 refers to the father's side, and Sutra 16 to the mother's side.
17. Manu III, 27; Yao-ii. I, 58.
18. Manu III, 29; Yao-fi. I, 59.
19. Manu III, 28; Y%u. I, 59.
11,5,12. the Duties of a Householder. 12']
20. If a maiden and a lover unite themselves throuofh love, that is called the Gandharva-rite.
Pra^na II, Fatal A 5, Kha^vda 12.
1. If the suitor pays money (for his bride) accord-
ing to his ability, and marries her (afterwards), that
(marriage is called) the Asura-rite.
2. If the (bridegroom and his friends) take away
(the bride), after having overcome (by force) her father
(or relations), that is called the Rakshasa-rite.
3. The first three amongst these (marriage-rites
are considered) praiseworthy ; each preceding one
better than the one following.
4. The quality of the offspring is according to the quality of the marriage-rite.
5. He shall not step on a spot which has been
touched by the hand of a Brahma;^a, without having
sprinkled it with water.
6. He shall not pass between a fire and a Brahma;/a,
7. Nor between Brahma;ms.
8. Or he may pass between them after having received permission to do so.
9. He shall not carry fire and water at the same time.
20. Manu III, 32; Yao-n. I, 6i.
12. I. Manu III, 31; Ya^n. I, 61. It must be understood that, at this rite, a regular sale of the bride must take place. If a suitor merely gives presents to the bride, that is not an Asura-marriage.
2. Manu III, 33; Ya^n. I, 61. Haradatta points out that the other law-books enumerate two additional marriage-rites, the Pr%a- patya or Kaya and the Paija/('a. But Vasish///a, like Apastamba, gives six rites only.
3. Manu III, 24, 25; Ya^u. I, 58-60.
4. I. e. from praiseworthy marriages virtuous children are born, and from blamable, marriages bad ones. Manu III, 42. .
128 APASTAMBA. II, 5, I2.
10. He shall not carry fires (burning in) separate (places) to one (spot).
11. If, whilst he walks, fire is being carried
towards him, he shall not walk around it with his
right hand turned towards it, except after it has
been placed on the ground.
12. He shall not join his hands on his back.
13. If the sun sets whilst he sleeps, he shall sit
up, fasting and silent, for that night. On the follow-
inof mornine he shall bathe and then raise his voice
(in prayer).
14. If the sun rises whilst he is asleep, he shall stand during that day fasting and silent.
15. Some declare that he shall restrain his breath until he is tired.
16. And (he shall restrain his breath until he is tired) if he has had a bad dream,
17. Or if he desires to accomplish some object,
18. Or if he has transgressed some other rule.
19. (If he is) doubtful (whether) the result (of an action will be good or evil), he shall not do it.
20. (He shall follow) the same principle (if he Is in doubt whether he ought) to study or not.
21. He shall not talk of a doubtful matter as if it were clear.
22. In the case of a person who slept at sunset, of
10. Another cominentator says, ' He shall not throw (brands taken from) one fire into another fire.' — Haradatta.
11. The Sutra imphes that under other circumstances he must show this respect to a fire.
13. Manu IT, 220. 18. Manu XI, 200.
21. See above, I, 11, 32, 22.
22. These sinners are enumerated in nearly the same order,
11,6,13. the Duties of a Householder. 1 29
one who slept at sunrise, of one who has black nails,
or black teeth, of one who married a younger sister
before the elder one was married, of one who mar-
ried an elder sister whose younger sister had been
married already, (of a younger brother who has
kindled the sacred Gr/hya-fire before* his elder bro-
ther,) of one whose younger brother has kindled the
sacred fire first, (of a younger brother who offers a
Soma-sacrifice before his elder brother,) of an elder
brother whose younger brother offered a Soma-
sacrifice first, of an elder 'brother who marries or
receives his portion of the inheritance after his
younger brother, and of a younger brother who
takes a wife or receives his portion of the inherit-
ance before his elder brother, — penances ordained
for crimes causing impurity, a heavier one for each
succeeding case, must be performed.
23. Some declare, that after having performed that penance, he shall remove its cause.
Pra^na II, Pat^ala 6, Khanda 13.
I. Sons begotten by a man who approaches in
the proper season a woman of equal caste, who has
not belonged to another man, and who has been
Taittiriya-brahma;?a III, 2, 8, ii and 12. See also Manu XI, 44-49. Regarding the crimes causing impurity, see above, I, 7, 21, 12—19.
23. ' Its cause, i. e. the black nails, &c. According to another Smr/ti, one shall not put away a wife or extinguish a fire, for the taking or kindling of which the penance had to be performed.' — ■ Haradatta.
13. I. ' .Sastravihita (translated by " who has been married to him legally ") means either " married according to the rites prescribed in the ^Sastras," or " possessed of the qualities (which have been described) by (the rule of) the .5'astras, He shall not give his daughter to a man of the same Gotra," and in similar (passages).' — ■ Haradatta. See also Colebrooke, Digest, Book V, Text cxcix. [2] K
I30 APASTAMBA. 11,6,13.
married legally, have a right to (follow) the occupations (of their castes),
2. And to (inherit the) estate,
3. If they do not sin against either (of their parents).
4. If a man approaches a woman who had been
married before, or was not legally married to him, or
belongs to a different caste, they both commit a sin.
5. Through their (sin) their son also becomes sinful.
6. A Brahma?/a (says), ' The son belongs to the begetter.'
7. Now they quote also (the following Gatha from
the Veda) : ' (Having considered myself) formerly a
father, I shall not now allow (any longer) my wives
(to be approached by other men), since they have
declared that a son belongs to the begetter in the
world of Yama. The giver of the seed carries off the
son after death inYama's world; therefore they guard
their wives, fearing the seed of strangers. Carefully
3. Another (commentator) says, 'Neither of the parents shall pass them over at (the distribution of) the heritage. Both (parents) must leave their property to them.' — Haradatta. The text of the Siltra admits of either explanation.
6. See also Manu IX, 48 seq., where the opposite doctrine is taught.
7. According to Haradatta this Gatha gives the sentiments of a husband who neglected to watch his wives, and who had heard from those learned in the law that the sons of his unfaithful wives would in the next world belong to their natural fathers, and that he would not derive any spiritual benefit from their oblations. He adds that this verse does not refer to or prevent the appointment of a eunuch's wife or of a childless widow to a relation. He also quotes a passage from the 6'rauta-sutra I, 9, in which the dvipita, ' the son of two fathers,' is mentioned. But Haradatta's view cannot be reconciled with the statements made below, II, 10, 27,
11,6,13. householder; inheritance. 131
watch over (the procreation of) your children, lest
stranger seed be sown on your soil. In the next
world the son belongs to the begetter, an (impru-
dent) husband makes the (begetting of) children
vain (for himself).'
8. Transgression of the law and violence are found amongst the ancient (sages).
9. They committed no sin on account of the greatness of their lustre.
10. A man of later times who seeing their (deeds) follows them, falls.
11. The gift (or acceptance of a child) and the right to sell (or buy) a child are not recognised.
12. It is declared in the Veda that at the time of
marriage a gift, for (the fulfilment of) his wishes,
should be made (by the bridegroom) to the father
of the bride, in order to fulfil the law. ' Therefore
he should give a hundred (cows) besides a chariot ;
2-7, where the Niyoga is plainly forbidden. Baudhayana, who (II, 2, 34) quotes the same Gatha, reads in the first line the vocative '^anaka' instead of the nominative '^anaka>^,' and in the fifth line 'pare bi^ani ' instead of ' parabi^ani.' The com- mentator Govindasvamin adds that the verses are addressed by the i?/shi Aupa^andhani to king G^anaka of Videha. The trans- lation of the first line must therefore run thus : ' O G^anaka, now I am jealous of my wives, (though I was) not so formerly,' &c. Baudhayana's readings are probably the older ones, and Govin- dasvamin's explanation the right one. See also Colebrooke, Digest, Book V, Text ccli.
II. Haradatta thinks that, as most other Smr/tis enumerate the adopted son, and ' the son bought ' in their lists of substitutes for lawful sons of the body, Apastamba's rule can refer only to the gift or sale of an eldest son, or to the gift or sale of a child effected by a woman. Though it is possible that he may be right in his interpretation, it remains a remarkable fact that Apastamba does not mention the ' twelve kinds of sons,' which are known to other Smr/tis.
132 APASTAMBA. 11,6,14.
that (gift) he should make bootless (by returning it
to the giver).' In reference to those (marriage-rites),
the word ' sale ' (which occurs in some Smr/tis is
only used as) a metaphorical expression ; for the
union (of the husband and wife) is effected through
the law.
13. After having gladdened the eldest son by some (choice portion of his) wealth,
Pra^'NA II, Patala 6, Khanda 14.
1. He should, during his lifetime, divide his
wealth equally amongst his sons, excepting the
eunuch, the mad man, and the outcast.
2. On failure of sons the nearest Sapbida (takes the inheritance).
14. I. The last Sutra of Khaw^a 13 and the first of Khaw^/a 14 are quoted by Colebrooke, Digest, Book V, Text xHi, and Colebrooke, Mitakshara, Chap. I, Sect, iii, Par. 6. Colebrooke translates ^ivan, ' during his lifetime,' by 'who makes a partition during his lifetime.' I think that this is not quite correct, and that Apastamba intends to exhort householders to make a division during their lifetime, as later they ought to become ascetics or hermits. Haradatta intro- duces into his commentary on this Sutra the whole chapter on the division of a father's estate amongst his sons, "supplementing Apastamba's short rule by the texts of other lawyers. No doubt, Apastamba means to lay down, in these and the following Sutras, only the leading principles of the law of inheritance, and he intends that the remaining particulars should be supplied from the law of custom or other Smr/tis.
2. Haradatta gives in his commentary a full summary of the rules on the succession of remoter relations. One point only deserves special mention. He declares that it is the opinion of Apastamba, that widows cannot inherit. In this he is probably right, as Apastamba does not mention them, and the use of the masculine singular ' s^ipbidak ' in the text precludes the possibility of including them under that collective term. It seems to me certain, that Apastamba, like Baudhayana, considered women, especially widows, unfit to inherit.
II, 6, T4. householder; inheritance. 133
3. On failure of them the spiritual teacher (in-
herits) ; on failure of the spiritual teacher a pupil
shall take (the deceased's wealth), and use it for
religious works for the (deceased's) benefit, or (he
himself may enjoy it) ;
4. Or the daughter (may take the inheritance).
5. On failure of all (relations) let the king take the inheritance.
6. Some declare, that the eldest son alone inherits.
7. In some countries gold, (or) black cattle, (or) black produce of the earth is the share of the eldest.
8. The chariot and the furniture in the house are the father's (share).
4. 'Some say "on failure of sons," others that the rule refers to the preceding Sutra (i. e. that the daughter inherits on failure of pupils only).' — Haradatta. The latter seems to be the correct interpretation.
