kept), except vegetables, food that requires masti- cation, fatty and oily substances, meat and honey.
17. (Food given) by a person who has been cast
off (by his parents), by a woman of bad character,
an Abhii-asta, a hermaphrodite, a police-officer, a
carpenter, a miser, a jailer, a surgeon, one who
hunts without using the bow, a man who eats the
leavings (of others), by a multitude (of men), and by
an enemy (must not be eaten),
18. Nor what is given by such men who defile
the company at a funeral dinner, as have been
enumerated before bald men;
19. (A dinner) which is prepared for no (holy)
purpose or where (the guests) sip water or rise
against the rule,
20. Or where (one's) equals are honoured in a different manner, and persons who are not (one's)
for the morning meal and kept until supper is also called paryushite, ' stale.'
17. For this and the following Sutras, see Apastamba I, 6, 18, 16-I, 6, 19, i-I, 7, 20, 16; Manu IV, 205-217; Y%navalkya I, 1 61-165. An Abhi^asta is a person who is wrongly or falsely accused of a heinous crime, see Apastamba I, 9, 24, 6-9. Hara- datta adduces the explanation ' hermaphrodite ' for anapadejya as the opinion of others. He himself thinks that it means ' a person not worthy to be described or named.' ' One who hunts without using the bow ' is a poacher who snares animals. Snaring animals is a favourite occupation of the non-Aryan tribes, such as Vaghris, Bhils, and Kolis.
18. See above, XV, 15-18, where 'bald men ' occupy the four- teenth place in Siitra 18.
19. Apastamba I, 5, 17, 3; Manu IV, 212. That is called 'food (prepared) for no (sacred) purpose ' which a man cooks only for himself, not for guests and the rest, see Apastamba II, 4, 8, 4; Manu V, 7.
20. Apastamba I, 5, 17, 2.
Xvii, 28. Eating and Forbidden Food. 265
equals are honoured in the same manner (as oneself, must not be eaten),
21. Nor (food that is given) in a disrespectful manner.
22. And the milk which a cow gives during the first ten days after calving (must not be drunk),
23. Nor (that) of goats and buffalo-cows (under the same conditions).
24. (The milk) of sheep, camels, and of one-
hoofed animals must not be drunk under any cir-
cumstances,
25. Nor (that) of animals from whose udders the
milk flows spontaneously, of those that bring forth
twins, and of those giving milk while big with
young,
26. Nor the milk of a cow whose calf is dead or separated from her.
27. And five-toed animals (must) not (be eaten)
excepting the porcupine, the hare, the (boar called)
^'vavidh, the iguana, the rhinoceros, and the tor-
toise,
28. Nor animals which have a double row of
teeth, those which are covered with an excessive
quantity of hair, those which have no hair, one-
hoofed animals, sparrows, the (heron called) Plava,
Brahma;n ducks, and Ha;;^sas,
21. Apastamba I, 5, 17, 4.
22-23. Apastamba I, 5, 17, 24.
24. Apastamba I, 5, 17, 23. 25. Apastamba I, 5, 17, 23.
26. Manu V, 8; Y%Qavalkya I, 170.
27. Apastamba I, 5, 17, 37.
28. Apastamba I, 5, 17, 29, 33, 35- Haradatta gives as an example of animals covered with an excessive quantity of hair' the Yak or Bos grunniens, and of ' those that have no hair ' snakes and the like.
266 GAUTAMA. XVII, 29.
29. (Nor) crows, herons, vultures, and falcons,
(birds) born in the water, (birds) with red feet and
beaks, tame pigs and cocks,
30. (Nor) milch-cows and draught-oxen,
31. Nor the flesh of animals whose milk-teeth
have not fallen out, which are diseased, nor the
meat of those (which have been killed) for no
(sacred) purpose,
32. Nor young sprouts, mushrooms, garlic, and substances exuding (from trees),
33. Nor red (juices) which issue from incisions.
34. Woodpeckers, egrets, cranes, parrots, cor-
morants, peewits, and Mandhalas, (as well as birds)
flying at night, (ought not to be eaten.)
35. Birds that feed striking with their beaks,
or scratching with their feet, and are not web-
footed may be eaten,
36. And fishes that are not misshapen,
29. Apastamba I, 5, 17, 29, 32, 34, 35; Y%navalkya I, 173.
30. Apastamba I, 5, 17, 29-30.
31. Aitareya-brahmawa VII, 14. For the explanation of vr/tha- mawsa, 'the flesh (of animals killed) for no (sacred) purpose,' Haradatta refers back to Sutra 19, but see also the Petersburg Diet. s. V. v;7tha.
32. Apastamba I, 5, 17, 28; Manu V, 5, 6, 19.
34. Manu V, 12 ; Apastamba I, 5, 17, 36 ; Ya^navalkya I, 173. Haradatta explains mandhala by vagvada, which seems to be the same as the bird vagguda (Manu XII, 64). Mandhala is not found in our dictionaries, but it apparently is a vicarious form for manthala, which occurs in the Va^asaneyi-sawhita, and is said to be the name of a kind of mouse or rat. It seems to me that the large herbivorous bat, usually called the flying fox (in Guja- rat! vagud or vagul) is really meant, which, by an inaccurate observer, might be described both as a bird and as a kind of rat.
35. Apastamba I, 5, 17, 32-33.
36. Apastamba I, 5, 17, 38-39.
Xviii, 5- Women. 267
;^'j. And (animals) that must be slain for (the fulfilment of) the sacred law.
38. Let him eat (the flesh of animals) killed by
beasts of prey, after having washed it, if no blemish
is visible, and if it is declared to be fit for use by
the word (of a Brahma;2a).
Chapter XVIII.
1. A wife is not independent with respect to (the fulfilment of) the sacred law.
2. Let her not violate her duty towards her husband.
3. Let her restrain her tongue, eyes, and (organs of) action,
4. A woman whose husband is dead and who de- sires offspring (may bear a son) to her brother-in-law.
5. Let her obtain the permission of her Gurus,
37. I.e. animals offered at ^Sraddhas and .Srauta- sacrifices, though under other circumstances forbidden, may be eaten both by the priests and other Brahmawas.
38. Haradatta takes vyala, 'beasts of prey,' to mean sporting dogs, which no doubt are also intended.
XVIII. I. ManuV, 155. This Sutra refers in the first instance to the inability of wives to offer on their own account -S'rauta or GnTiya-sacrifices, or to perform vows and religious ceremonies prescribed in the Pura/zas, without the permission of their husbands. As the word stri means both wife and woman, its ulterior meaning is, that women in general are never independent; see Manu V, 148; IX, 3 ; Ya^fiavalkya I, 85.
2. Apastamba II, 10, 27, 6; Manu IX, 102.
3. Manu V, 166; Ya^navalkya I, 87.
4. Apastamba II, 20, 27, 2-3; Manu IX, 59-60; Ya^navalkya I, 68. Apati, ' she whose husband is dead,' means literally, ' she who has no husband.' But as the case of a woman whose husband has gone abroad, is discussed below, it follows that the former translation alone is admissible. It must, of course, be understood that the widow has no children.
5. The Gurus are here the husband's relatives, under whose protection the widow lives.
268 GAUTAMA. XVIII, 6.
and let her have intercourse during the proper season only.
6. (On failure of a brother-in-law she may obtain
offspring) by (cohabiting with) a Sapi;2^a, a Sagotra,
a Samanapravara, or one who belongs to the same
caste,
7. Some (declare, that she shall cohabit) with nobody but a brother-in-law.
8. (She shall) not (bear) more than two (sons).
9. The child belongs to him who begat it,
10. Except if an agreement (to the contrary has been made).
11. (And the child begotten at) a living husband's (request) on his wife (belongs to the husband).
12. (But if it was begotten) by a stranger (it belongs) to the latter,
13. Or to both (the natural father and the husband of the mother).
14. But being reared by the husband, (it belongs to him.)
15. (A wife must) wait for six years, if her
6. Regarding the term Sapi«(/a, see above, XIV, 13 ; a Sagotra is a relative bearing the same family name (laukika gotra) removed seven to thirteen degrees, or still further. A Samanapravara is one who is descended from the same 7?/shi (vaidika gotra),
8. ColebrookeV, Digest 265. Haradatta explains atidvitiya, 'not more than two (sons),' to mean 'not more than one son' (prathamam apatyam atitya dvitiyam na^anayed iti). But see Manu IX, 61.
9, Apastamba II, 6, 13, 6-7, 10. INtanu IX, 52.
11. Manu IX, 145. Such a son is called Kshetra^a, see below^ XXVIII, 32.
12. Manu IX, 144.
13. Ya^fiavalkya II, 127, Such a son is called dvipitn" or dvyamushyaya«a,
15, Manu IX, 76. 'When the husband has disappeared, i. e. has gone to a foreign country, his wife, though childless, shall wait
Xviii, 23- Women. 269
husband has disappeared. If he is heard of, she shall go to him.
16. But if (the husband) has renounced domestic
life, (his wife must refrain) from intercourse (with
other men).
1 7. (The wife) of a Brahma/za (who has gone to
a foreign country) for the purpose of studying (must
wait) twelve years.
18. And in like manner if an elder brother (has
gone to a foreign country) his younger brother (must
wait twelve years) before he takes a wife or kindles
the domestic fire.
19. Some (declare, that he shall wait) six years.
20. A (marriageable) maiden (who is not given
in marriage) shall allow three monthly periods to
pass, and afterwards unite herself, of her own will,
to a blameless man, giving up the ornaments received
from her father (or her family).
21. A girl should be given in marriage before (she attains the age of) puberty.
22. He who neglects it, commits sin.
23. Some (declare, that a girl shall be given in marriage) before she wears clothes.
for six years. After (the lapse of) that (period) she may, if she desires it, produce a child (by cohabiting with a Sapi«^a), after having been authorised thereto by her Gurus. If the husband is heard of, i. e. that he dwells in such and such a country, she shall go to him.'— Haradatta. Kshapaz/a, 'waiting,' is ambiguous, and may also mean being continent or emaciating herself.
17. I.e. before she goes to live with a Sapi«</a, or tries to follow her husband, in case his residence is known.
20. Manu IX, 90-92; Ya^iiavalkya I, 64.
21. Manu IX, 88.
22. T'Janu IX, 4 ; Ya^iiavalkya I, 64. ' He who,' i. e. the father or guardian.
270 GAUTAMA. XVIII, 24.
24. In order to defray the expenses of a wedding,
and when engaged in a rite (enjoined by) the sacred
law, he may take money (by fraud or force) from
a ^'udra,
25. Or from a man rich in small cattle, who
neglects his religious duties, though he does not
belong to the ^'udra caste,
26. Or from the possessor of a hundred cows, who does not kindle the sacred fire,
27. Or from the possessor of a thousand cows, who does not drink Soma.
28. And when he has not eaten (at the time of
six meals he may take) at the time of the seventh
meal (as much as will sustain life), not (such a
quantity as will serve) to make a hoard,
29. Even from men who do not neglect their duties.
30. If he is examined by the king (regarding his deed), he shall confess (it and his condition).
3 1 . For if he possesses sacred learning and a good character, he must be maintained by the (king).
32. If the sacred law is violated and the (king) does not do (his duty), he commits sin.
24. Manu XI, 11, 13. Haradatta explains dharmatantra, ' a rite prescribed by the sacred law,' here, as well as Sutra 32, by 'the means,' i. e. a sacrificial animal and the like required by one who is engaged in performing a sacred duty, i.e. a Pajubandha-sacrifice and the like.
25. Manu XI, 12. 26-27. Manu XI, 14. 28. Manu XI, 16 ; Yao-navalkya III, 43.
30. Manu XI, 17 ; Ya^navalkya III, 43-44.
31. Manu XI, 21-22. Haradatta adds that a Brahmawa who acts thus, must, of course, not be punished.
32. Haradatta refers this Sutra to the case where a sacrificial animal or other requisites for a sacrifice are stolen from a Brah- ma;/a. It seems, however, more probable that it refers to the duty
Xix, 6, Penances. 27i
. Chapter XIX.
1. The law of castes and of orders has been declared.
2. Now, indeed, man (in) this (world) is polluted
by a vile action, such as sacrificing for men unworthy
to offer a sacrifice, eating forbidden food, speaking
what ought not to be spoken, neglecting what is
prescribed, practising what is forbidden.
