5. 'Because the word "all" is used, (the king shall take the estate) only on failure of Bandhus and Sagotras, i. e. gentiles within twelve degrees.' — Haradatta.
6. ' The other sons shall live under his protection.' — Haradatta. Colebrooke, Mitakshara, Chap. I, Sect, iii, Par. 6.
7. ' "Black produce of the earth," i. e. black grain, or according to others black iron.' — Haradatta. Compare for this and the following Sutras Colebrooke, Mitakshara, Chap. I, Sect, iii, Par. 6, and Digest, Book V, Text xlviii.
8. The translation given above agrees with what I now recognise to be Haradatta's explanation, and with Colebrooke, Mitakshara, Chap. I, Sect, iii. Par. 6. Both the P. U. and Mr. U. MSS. of the U^^vala read ratha// pitura;«^o gr/he yatparibha;/^am upakarawam piMadi tadapi, 'the chariot (is) the father's share; the furniture which (is) in the house, that also.' To this reading Mahadeva's U^^vala on the Hirawyakeji Sutra points likewise, which gives pitur anta/^. The N. U. MS. of the %^vala, according to which I made the translation given in the Appendix to West and Buhler's Digest, leaves out the word z.niszh, and therefore makes it necessary to combine this Sutra with the preceding one, and to translate, « The father's chariot and the furniture in the house (are) also (the
134 APASTAMBA. II, 6, 14.
9. According to some, the share of the wife con-
sists of her ornaments, and the wealth (which she
may have received) from her relations.
10. That (preference of the eldest son) is for- bidden by the ^'astras.
11. For it is declared in the Veda, without
(marking) a difference (in the treatment of the
sons) : Manu divided his wealth amongst his sons.
12. Now the Veda declares also in conformity
with (the rule in favour of the eldest son) alone :
They distinguish the eldest by (a larger share of)
the heritage.
13. (But to this plea in favour of the eldest I
share of the eldest).' This latter translation agrees nearly with that given by Colebrooke, Digest, Book V, Text xlviii, where this and the preceding Sutra have been joined ; but the chariot is not mentioned. A further variation in the interpretation of this Sutra occurs in Colebrooke's Digest, Book V, Text Ixxxix, and Wita- kshara, loc. cit., where the words ' the furniture in the house ' are joined with Sutra g, and the furniture is declared to be the wife's share. Considering that Sutra 9 is again quoted in Colebrooke's Digest, Book V, Text cccclxxii, and is not joined with the latter part of Sutra 8, it is not too much to say that (ragannatha has not shown any greater accuracy than his brethren usually do.
9. The Mitakshara, loc. cit., apparently. takes the words 'ac- cording to some ' as referring only to property received from relations. I follow Haradatta. The former interpretation is, how- ever, admissible, if the Sutra is split into two.
10. The .5'astras are, according to Haradatta, the Vedas.
11. Taittiriya Sa;«hita III, i, 9, 4,
12. ' Athapi (now also) means "and certainly." They dis- tinguish, they set apart the eldest son by wealth : this has been declared in the Veda in conformity with (the rule regarding) one (heir, Sutra 6). He denies (Sutra 13) that a passage also, which agrees with the statement that the eldest son alone inherits, is found in the Veda.' — Haradatta. See Taittiriya Sa/«hita II, 5, 2, 7.
13. Those who are acquainted with the interpretation of the law are the Mimawsakas. The translation of the second Vedic
11,6,14. householder; inheritance. 135
answer) : Now those who are acquainted with the
interpretation of the law declare a statement of facts
not to be a rule, as for instance (the following) :
'Therefore amongst cattle, goats and sheep walk
together ; ' (or the following), ' Therefore the face
of a learned Brahma;?a (a Snataka) is, as it were,
resplendent;' (or), 'A Brahma;2a who has studied
the Vedas (a .Srotriya) and a he-goat evince the
strongest sexual desires.'
14. Therefore all (sons) who are virtuous inherit.
15. But him who expends money unrighteously, he shall disinherit, though he be the eldest son.
16. No division takes place between husband and
wife ; for, from the time of marriage, they are united
in religious ceremonies,
17. Likewise also as regards the rewards for
works by which spiritual merit is acquired, and the
acquisition of property.
18. For they declare that it is not a theft if a
passage is by no means certain, as the root ribh, translated by ' to be resplendent,' usually means 'to give a sound,' Haradatta thinks that Apastamba means to show that the passage ' Manu divided his wealth among his sons ' is likewise merely a statement of facts, and cannot be considered a rule. This is probably erroneous, as Sutras 10 and 11 distinctly state, that the practice to allow the eldest alone to inherit, is forbidden by the above- mentioned passage of the Veda.
15. Compare for this Sutra and the following one Colebrooke's Digest, Book V, Text cccxv. The translation of pratipadayati, ' expends,' by ' gains,' which is also proposed by Gagannatha, is against Apastamba's usage, see II, 5, 11, i7> and below, II, 8, 20, 16.
16. According to Haradatta, this Sutra gives the reason why, in Sutra i, no share has been set apart for the wife. Compare Colebrooke's Digest, Book V, Text Ixxxix, for this Sutra and the following two.
18. See below, II, 11, 29, 3.
136 APASTAMBA. 11,6,15.
wife expends money on occasions (of necessity) during her husband's absence.
Pra^na II, Patala 6, Khanda 15.
1. By this (discussion) the law of custom, which
is observed in (particular) countries or families, has
been disposed of.
2. On account of the blood relations of his
mother and (on account of those) of his father
within six degrees,
3. Or, as far as the relationship is traceable,
4. He shall bathe if they die,
5. Excepting children that have not completed their first year.
6. On account of the death of the latter the parents alone bathe,
7. And those who bury them.
8. If a wife or one of the chief Gurus (a father or
AMrya) die, besides, fasting (is ordained from the
time at which they die) up to the same time (on the
following day).
9. (In that case) they shall also show the (follow- ing) signs of mourning :
10. Dishevelling their hair and covering them-
selves with dust (they go outside the village), and,
clothed with one garment, their faces turned to the
15. I. Customs are to be followed only if they are not opposed to the teaching of the Vedas and Smrztis.
2. Manu V, 60 ; Ya^n. I, 53.
3. Manu V, 60.
4. Manu V, 58 ; Ya^ft. Ill, 3.
7. Manu V, 69 and 70.
8. Manu V, 80.
10. Yagn. Ill, 5, 7 seq. The Mantra to be spoken in throwing the water is, ' I give this water to you N, N. of the family of N. N.'
11,6,15. householder; inheritance. 137
south, stepping into the river they throw up water
for the dead once, and then, ascending (the bank),
they sit down. This (they repeat) thrice. They
pour out water consecrated in such a manner that
the dead will know it (to be given to them). Then
they return to the village without looking back, and
perform those rites for the dead which (pious) women
declare to be necessary.
11. Some declare, that these same (observances)
shall also be kept in the case (of the death) of other
(Sapi/zrt'as).
12. At all religious ceremonies, he shall feed
Brahma;^as who are pure and who have (studied
and remember) the Veda.
13. He shall distribute his gifts at the proper
places, at the proper times, at the occasion of purifi-
catory rites, and to proper recipients.
14. That food must not be eaten of which (no
portion) is offered in the fire, and of which no por-
tion is first given (to guests).
15. No food mixed with pungent condiments or salt can be offered as a burnt-offering.
16. Nor (can food) mixed with bad food (be used for a burnt-oblation).
The water ought to be mixed with sesamum. According to Hara- datta those who know the correct interpretation, declare that the word 'women' denotes in this Sutra 'the Smrztis.' But I fear these learned interpreters will find few adherents among those who pay attention to the last Sutra of this work.
12. Manu III, 128.
13. INIanu III, 98.
15. ' That (substance) is called kshara, " of pungent or alkaline taste," the eating of which makes the saliva flow.' — Haradatta.
16. Avaranna, 'bad food,' is explained by ' kulittha and the like.' Kulittha, a kind of vetch, is considered low food, and eaten by the lower castes only. The meaning of the Siitra, therefore, is,
138 APASTAMBA. H, 7, 16.
17. If (he is obliged to offer) a burnt-offering of
food unfit for that purpose, he shall take hot ashes
from the northern part of his fire and offer the food
in that. That oblation is no oblation in the fire.
18. A female shall not offer any burnt-oblation,
19. Nor a child, that has not been initiated.
20. Infants do not become impure before they
receive the sacrament called Annapra^ana (the first
feeding).
21. Some (declare, that they cannot become im- pure) until they have completed their first year,
22. Or, as long as they cannot distinguish the points of the horizon.
23. Another (opinion is, that they cannot be defiled) until the initiation has been performed.
24. For at that (time a child) according to the
rules of the Veda obtains the right (to perform the
various religious ceremonies).
25. That ceremony is the limit (from which the capacity to fulfil the law begins).
26. And the Smrzti (agrees with this opinion).
PrA^NA II, Pa^ALA 7, KHAiVDA 16.
I. Formerly men and gods Hved together in this world. Then the Sfods in reward of their sacrifices
' If anybody has been forced by poverty to mix his rice or Bal with kulittha or similar bad food, he cannot offer a burnt- oblation at the Vaijvadeva ceremony with that. He must observe the rule, given in the following Sutra.
18. Manu V, 155; XI, 36.
19. Manu II, 171.
26. Haradatta quotes Gautama II, 1-3, on this point, and is apparently of opinion that Apastamba alludes to the same passage. But he is probably wrong, as all Smr/tis are agreed on the point mentioned by Apastamba.
16. 1. ' Intending to give the rules regarding the monthly Aaddha,
II, 7, i6. HOUSEHOLDER ; INHERITANCE. 1 39
went to heaven, but men were left behind. Those
men who perform sacrifices in the same manner as
the gods did, dwell (after death) with the gods and
Brahma in heaven. Now (seeing men left behind),
Manu revealed this ceremony, which is designated
by the word ^S^raddha (a funeral-oblation).
2. And (thus this rite has been revealed) for the salvation of mankind.
3. At that (rite) the Manes (of one's father, grand-
father, and great-grandfather) are the deities (to
whom the sacrifice is offered). But the Brahma/2as,
(who are fed,) represent the Ahavaniya-fire.
4. That rite must be performed in the latter half of every month.
5. The afternoon is preferable (for it).
6. The last days of the latter half (of the month) likewise are (preferable to the first days).
7. (A funeral-oblation) offered on any day of the
latter half of the month gladdens the Manes. But it
procures different rewards for the sacrificer according
to the time observed.
8. If it be performed on the first day of the half-
month, the issue (of the sacrificer) will chiefly consist
of females.
he premises this explanatory statement in order to praise that sacrifice.' — Haradatta.
2. The reading ' ni/^.yreyasa X-a' apparently has given great trouble to the commentators. Their explanations are, however, gram- matically impossible. The right one is to take ni/^jreyasa as a Vedic instrumental, for niy^jreyasena, which may designate the ' reason.' If the dative is read, the sense remains the same.
3. 'The comparison of theBrahmawas with the Ahavaniya indicates that to feed Brahmawas is the chief act at a -Sraddha.'— Haradatta.
4. Manu III, 122, 123; Y%n. I, 217.
5. Manu III, 255, 278.
7. Manu III, 277; Ya^fi. I, 264, 365.
140 APASTAMBA. II, 7, 16.
9. (Performed on the second day It procures) children who are free from thievish propensities.
10. (If it be performed) on the third day children
will be born to him who will fulfil the various vows
for studying (portions of the Veda).
11. (The sacrificerwho performs it) on the fourth day becomes rich in small domestic animals.
12. (If he performs it) on the fifth day, sons (will
be born to him). He will have numerous and dis-
tinguished offspring, and he will not die childless.
