49. (A man who) knowingly (becomes) the servant (of a thief shall be treated) like a thief,
50. Likewise he who (knowingly) receives (goods) from (a thief or) an unrighteous man.
51. The award of the punishment (must be regu-
lated) by a consideration (of the status) of the criminal,
of his (bodily) strength, of (the nature of) the crime,
and whether the offence has been repeated.
52. Or a pardon (may be given) in accordance
with the opinion of an assemblage of persons learned
in the Vedas.
45. Apastamba I, 9, 25, 5.
46. Manu VIII, 124 ; Macnaghten, Mitakshara III, 4, 9.
47. Manu IX, 239, 241; Apastamba II, 10, 27, 8, 17-19; Macnaghten loc. cit. Karmaviyoga, ' preventing (a repetition of) the deed,' may also mean 'suspension from (his priestly) functions.'
48. Apastamba II, 11, 28, 13.
49-50. Manu IX, 278; Ya^uavalkya II, 276.
51. Manu VII, 16; VIII, 126 ; Y%navalkya I, 367.
Xiii, 7- Witnesses. 243
Chapter XIII.
1. In disputed cases the truth shall be established by means of witnesses.
2. The (latter) shall be many, faultless as regards
the performance of their duties, worthy to be trusted
by the king, and free from affection for, or hatred
against either (party).
3. (They may be) ^'udras even.
4. But a Brahma7/a must not be forced (to give
evidence) at the word of a non-Brahma/^a, except if
he is mentioned (in the plaint).
5. (Witnesses) shall not speak singly or without being asked,
6. And if, (being asked,) they do not answer, they are guilty of a crime.
7. Heaven is their reward, if they speak the
truth ; in the contrary case hell (will be their
portion).
XIII. I. Manu VIII, 45; Ya^ilavalkya II, 22.
2. Apastamba II, 11, 29, 7. 'Many means at least three.' — Haradatta.
3. Manu VIII, 63. I. e. ^iadras endowed with the qualities mentioned above.
4. Manu VIII, 65. 'A Brahmawa means here a ^Srotriya. If a man other than a Brahmawa says : "This Brahmawa is a witness of this fact," then the ( A-otriya) shall not be forced to become, i. e. not be taken as a witness, provided he has not been mentioned, i. e. he has not been entered in the written plaint (as one of the witnesses). But if he has been entered in the plaint, he certainly becomes a witness.' — Haradatta.
5. Manu VIII, 79; Macnaghten, Mitakshara VI, i, 21. In the Mitakshara the Sutra is read nasamaveta/z pmh/a/^ prabruyu/^, ' witnesses need not answer if they are examined singly.' INIitra- mijra in the Viramitrodaya says that Haradatta's reading of the text is the same, and that his explanation does not agree with it.
6. Manu VIII, 107; Ya^ilavalkya II, 76-77.
7. Apastamba II, 11, 29, 9-10.
244 GAUTAMA. XIII, 8.
8. (Persons) not mentioned (in the plaint), must also give evidence.
9. No objection (can be raised against witnesses) In a case of (criminal) hurt,
10. Nor if they have spoken inadvertently.
11. If the sacred law or the rules (referring to
worldly matters) are violated, the guilt (falls) on the
witnesses, the assessors, the king, and on the
offender.
12. Some (declare, that the witnesses) shall be charged on oath to speak the truth.
13. In the case of others than Brahma;^as that
(oath shall be sworn) in the presence of the gods, of
the king, and of Brahma;ms.
14. By false evidence concerning small cattle a witness kills ten,
15. (By false evidence) regarding cows, horses,
men, or land, in each succeeding case ten times as
many (as in the one mentioned before),
16. Or (by false evidence) regarding land the whole (human race).
17. Hell (is the punishment) for a theft of land.
9. Manu VIII, 72; Ya^navalkya II, 72.
10. 'Negligence, i. e. inadvertence. If anything has been spoken at random by a witness in a conversation referring to something else (than the case), no blame must be thrown on him for that reason.' — Haradatta.
1 1 . Manu VIII, 1 8. The translation follows Haradatta. Perhaps it would, however, be as well to take dharmatantra, ' the sacred law and the rules referring to worldly matters,* as a Tatpurusha, and to translate, ' If there is a miscarriage of justice, the guilt,' &c.
12-13. Apastamba II, 11-29, 7.
14-22. Manu VIII, 98-100. 'By speaking an untruth regarding them, the witness kills ten. Ten what.? Even ten (of that kind) regarding which he has lied. His guilt is as great as if he actually killed ten of them, and the punishment (is the same). Equal penances must also be prescribed for both cases.' — Haradatta.
Xiii, 27- Witnesses. 245
18. (By false evidence) concerning water (he
incurs) the same (guilt) as (for an untruth) about
land,
19. Likewise (by false evidence) regarding (crimi- nal) intercourse.
20. (By false evidence) regarding honey or clari-
fied butter (he incurs) the same (guilt) as (by an
untruth) about small cattle,
21. (By false evidence) about clothes, gold, grain,
and the Veda, the same as (by an untruth) about
kine,
22. (And by false evidence) regarding a carriage
(or a beast of burden) the same as (by an untruth)
about horses.
23. A witness must be reprimanded and punished for speaking an untruth.
24. No guilt is incurred by giving false evidence, in case the life (of a man) depends thereon.
25. But (this rule does) not (hold good) if the
life of a very wicked (man depends on the evidence
of a witness).
26. The king, or the judge, or a Brahma;m learned in the 6astras (shall examine the witnesses).
27. (The litigant) shall humbly go to seek the judge.
23. Manu VIII, 1 19-123; Y%Savalkya II, 81. 'Yapya>^ (literally "must be turned out") means "must be reprimanded" in the presence of the whole audience, lest anybody have inter- course with him.' — Haradatta.
24-25. Manu VIII, 104-105; Ya^navalkya II, 83.
26. Manu VIII, 8-9, 79 ; Ya^navalkya II, i, 3, 73.
27. Manu VIII, 43. The meaning of the Sutra is that the judge shall not promote litigation, and incite people to institute suits. If Htigants do not humbly appear before him, he is not to send for them.
246 GAUTAMA. XIII, 28.
2S. If (the defendant) is unable to answer (the plaint) at once, (the judge) may wait for a year.
29. But (in an action) concerning kine, draught-
oxen, women, or the procreation (of offspring), the
defendant (shall answer) immediately,
30. Likewise in a case that will suffer by delay.
31. To speak the truth before the judge is more important than all (other) duties.
Chapter XIV.
1 . The Sapi;^(/as become impure by the death (of
a relative) during ten (days and) nights, except those
who officiate as priests, who have performed the
Diksha;^iyesh/i (or initiatory ceremony of a ^'rauta
sacrifice), and those who are students.
2. (The impurity) of a Kshatriya lasts for eleven (days and) nights,
3. (That) of a Vai^ya twelve (days and) nights,
4. (Or), according to some, half a month,
5. (And that) of a ^udra a whole month.
6. If during (a period of impurity) another (death)
happens, the (relatives) shall be pure after (the
lapse of) the remainder of that (first period).
7. (But) if one night (only of the period of impu- rity) remains (and another death happens, they shall
28. See also Narada I, 38, 41.
29. Ya^iaavalkya II, 12. Haradatta explains pra^anana, 'the procreation (of offspring),' to mean ' marriage.'
Xiy. I. Manu V, 59, 83, 93; Ya^^^navalkya III, 18, 28; see also Apastamba I, 5, 16, 18. Regarding the meaning of the term Sapiwfl'a, see below, Sutra 13. This Sutra refers, of course, to Brahmawas only.
2-3. Manu V, 83; Y%ijavalkya III, 22.
5. Manu and Ya^ilavalkya 1. 1. cit.
6. Manu V, 79.
Xiv, 14- ^ Impurity. 247
become pure) after (the lapse of) two (days and nights).
8. (If the second death happens) on the morning
(after the completion of the period of impurity, they
shall be purified) after three (days and nights).
9. (The relatives) of those who are slain for the
sake of cows and Brahma/zas (become pure) imme-
diately after the burial,
10. And (those of men destroyed) by the anger of the king,
11. (Further, those of men killed) in battle,
1 2. Likewise (those) of men who voluntarily seek
death by abstaining from food, by weapons, fire,
poison, or water, by hanging themselves, or by
jumping (from a precipice).
13. Sapi/-?^/a-relationship ceases with the fifth or the seventh (ancestor).
14. (The rules regarding impurity caused by the
death of a relative apply) to the birth (of a child)
also.
9. Y%navalkya III, 27. The Sutra may, however, also be translated ' the relatives of those who have been killed by a cow, or by a Brahmawa, &c., as the latter case, too, is mentioned by Y%iiavalkya III, 21. The word anvaksham, translated by ' immediately after burial,' is explained by Haradatta as follows : ' The corpse is seen, i. e. is visible, so long ; the meaning is that they will be pure after having bathed at the end of the burial.'
10. Ya^Qavalkya III, 21.
12. Manu V, 89 ; Y%-iiavalkya III, 21.
13. Apastamba II, 6, 15, 2. Haradatta states that the Sapi;/c/a- relationship extends to four degrees in the case of the son of an appointed daughter (see below, XXVIII, 18), while it includes the relatives within six degrees in the case of a legitimate son of the body. In either case the term refers to Sagotra-sapi^/^as, or Sapi7/rf'as who bear the same family name only. The case of the Bhinnagotra-sapi«f/as will be discussed below, Siltra 20.
14-16, Manu V, 62 ; Y%iiavalkya III, 18-19.
248 GAUTAMA. XIV, 15.
15. (In) that (case the impurity falls) on the parents,
16. Or on the mother (alone).
17. (The impurity) for a miscarriage (lasts for a
number of days and) nights equal to (the number of)
months from conception,
18. Or three days.
19. And if he hears (of the death of a Sap'mda)
after (the lapse of) ten (days and nights, the impu-
rity lasts for) one night together with the preceding
and following days,
20. Likewise when a relative who is not a Sapi;/^a,
a relative by marriage, or a fellow-student (has
died).
21. For a man who studies the same recension of the Veda (the impurity lasts) one day,
17. Manu V, 66; Yao-navalkya III, 20.
19. Manu V, 75-77.
20. Manu V, 81. Haradatta explains asapiw^a, 'a kinsman who is not a Sapi;/</a,' by Samanodaka, i.e. 'a kinsman bearing the same family name, but more than six degrees removed,' and yonisam- bandha, ' a relative by marriage,' by ' the maternal grandfather, a maternal aunt's sons, and their sons, &c., the fathers of wives and the rest.' The latter term, for which 'a person related through a female ' would be a more exact rendering than the one given above, includes, therefore, those persons who, according to the terminology of Manu and Ya^navalkya, are called Bhinnagotra- sapi«f/as, Bandhavas, or Bandhus (see Colebrooke, Mitakshara II, 53 ; II, 6). Gautama's terminology agrees in this respect with that of Apastamba, see note on II, 5, 1 1, 6.
21. Haradatta explains sabrahma/^arin by suhr/t, 'a friend.' But the term which elsewhere means ' a fellow-student ' cannot have that sense in our Sutra, as the fellow-student (sahadhyayin) has been mentioned already. The translation given above is supported by the manner in which it is used in the ancient land- grants, where expressions like bahv;-/X'asabrahma/^arin are of common occurrence.
Xiv, 28. Impurity. 249
2 2, Likewise for a KS'rotriya who dwells in the same house,.
23. On touching (i.e. on carrying out) a corpse
from an interested motive, the impurity lasts for ten
days,
24. (The duration of the impurity) of aVaii-ya and
of a ^Lidra (in the same case) has been declared (by
Sutras 3-5).
25. Or (it shall last for these two) as many nights as there are seasons (in the year);
26. And (the same rule may be made applicable) to the two higher (castes).
27. Or (the impurity lasts) three days.
28. And if the teacher, his son or wife, a person
for whom (a Brahma;m) sacrifices or a pupil (has
been carried out, the duration of the impurity is) the
same.
22. Manu V, 81.
