Brahmawa or a man of lower caste, i. e. becomes his wife, loses her caste. On account of the word ' and ' the same happens in case she kills a Brahmawa or commits a similarly heinous crime. The slayer of a Brahma«a is mentioned in order to include (all) outcasts." ' — Haradatta.
10. Manu XI, 56-57; Ya^navalkya III, 228-229.
11. Manu XI, 60-67 > Ya^ilavalkya III, 234-242; Apastamba I, 7, 21, 12-17, 19. The persons who defile the company are enumerated above, XV, 16-18.
12. Apastamba I, 2, 4, 26; I, 2, 7, 26; I, 2, 8, 28. Haradatta asserts that, as the desertion of sinners has been prescribed above, XX, I, the expression pataniyasevayam must here mean ' if they associate with outcasts.' The former rule refers, however, to blood relations only, and our Sutra may be intended to extend it to spiritual relations.
Xxi, 22. Penances. 2/9
person who has unjustly forsaken his priest or teacher, becomes an outcast).
15. The mother and the father must not be treated improperly under any circumstances.
16. But (the sons) shall not take their property.
1 7. By accusing a Brahma//a of a crime (the ac- cuser commits) a sin equal (to that of the accused).
18. If (the accused is) innocent, (the accuser's
guilt is) twice (as great as that of the crime which
he imputed to the other).
19. And he who, though able to rescue a weak
man from injury, (does) not (do it, incurs as much
guilt as he who injures the other).
20. He who in anger raises (his hand or a weapon)
against a Brahma;/a, will be banished from heaven
for a hundred years.
21. If he strikes, (he will lose heaven) for a thousand (years).
22. If blood flows, (he will lose heaven) for a
number of years equal to (that of the particles of)
dust which the spilt (blood) binds together.
15. Apastamba I, 10, 28, 9- to. The meaning is that parents, though they have become outcasts, must be provided with the necessaries of life.
16. Haradatta adds that their property goes to the king.
17. Apastamba I, 7, 21, 19.
18. Y%navalkya III, 285.
20-21. Manu XI, 207; Ya^^ilavalkya III, 293. According to Haradatta the word asvargyam, ' will be banished from or lose heaven,' may either mean that a hundred years' residence in heaven will be deducted from the rewards for his meritorious deeds, or that he will reside in hell for the period specified.
22. . Manu XI, 208; Y%ilavalkya III, 293.
28o GAUTAMA. XXII, i.
Chapter XXII.
1. (Now' follows the description of the) penances.
2. He who has (intentionally) slain a Brahma;/a
shall emaciate himself, and thrice throw himself into
a fire,
3. Or he may become in battle a target for armed men,
4. Or, remaining chaste, he may, during twelve
years, enter the village (only) for the purpose of
begging, carrying the foot of a bedstead and a
skull in his hand and proclaiming his deed.
5. If he meets an Arya, he shall step out of the road.
6. Standing by day, sitting at night, and bathing
in the morning, at noon, and in the evening, he may
be purified (after twelve years),
7. Or by saving the life of a Brahma;m,
8. Or if he is, at least, thrice vanquished in
(trying to recover) the property (of a Brahma^'a)
stolen (by robbers),
9. Or by bathing (with the priests) at (the end of) a horse-sacrifice,
XXII. I. The text of the Sutra consists of the single word ' penance' in the singular, which, being the adhikara or heading, must be taken with each of the following Siitras down to the end of chapter XXIII.
2. Tvlanu XI, 74.
3. Apastamba I, 9, 25, 11.
4. Apastamba I, 9, 24, 11-20. Haradatta says, 'the foot of a bedstead ' (kha/vanga) is known in the case of the Pa^upatas, and indicates thereby that he interprets the term to mean ' a club shaped like the foot of a bedstead,' which the Pa^upatas wear.
5. Apastamba I, 9, 24, 13. 6. Apastamba I, 9, 25, 10.
7. Manu XI, 80; Ya^navalkya III, 244-245.
8. Apastamba I, 9, 25, 21. 9. Apastamba I, 9, 25, 22.
Xxii, 17- Penances. 28 1
10. Or at (the end of) any other (Vedic) sacrifice,
provided that an Agnish/ut (sacrifice) forms part
of it.
11. (The same penances must be performed)
even if he has attempted the hfe of a Brahma//a,
but failed to kill him,
12. Likewise if he has killed a female (of the
Brahma;^a caste) who had bathed after temporary
uncleanness,
1 3. Also for (destroying) the embryo of a Brah- ma/za, though (its sex) may be not distinguishable.
14. For (intentionally) killing a Kshatriya the
normal vow of continence (must be kept) for six
years ; and he shall give one thousand cows and
one bull.
15. For (killing) a Vai^-ya (the same penance
must be performed) during three years ; and he
shall give one hundred cows and one bull.
16. For (killing) a ^'udra (the same penance must
be performed) during one year ; and he shall give
ten cows and one bull.
1 7. And the same (rule applies) if a female (has
10. Haradatta names the Paii/l'aratra sacrifice as an instance of a 6rauta ya^fia, of which an Agnish/ut forms part. He adds that another commentator explains the Sutra to mean, ' or at any other sacrifice, provided that an AgnishAit sacrifice be its final ceremony.' Regarding the Agnish/ut sacrifice see also above, XIX, 10.
11. Yao'ilavalkya III, 252.
12. Apastamba I, 9, 24, 9'; Manu XI, 88; Ya^navalkya III, 251.
13. Apastamba I, 9, 24, 8 ; Manu, Ya^navalkya, loc. cit.
14. Apastamba I, 9, 24, i. ' Prakr/ta (normal) means natural (svabhavika), i. e. not accompanied by the carrying of the foot of a bedstead and the rest.' — Haradatta.
15. Apastamba I, 9, 24, 2, 4.
16. Apastamba I, 9, 24, 3, 4.
17. Apastamba I, 9, 24, 5; Ya§-navalkya III, 269. Haradatta
282 GAUTAMA. XXII, 18.
been killed) who was not in the condition (described in Sutra 12).
18. (The penance for killing) a cow is the same as for (the murder of ) a Vai^ya,
19. And for injuring a frog, an ichneumon, a crow, a chameleon, a musk-rat, a mouse, and a dog,
20. And for killing one thousand (small animals) that have bones,
21. Also for (killing) an ox-load of (animals) that have no bones;
22. Or he may also give something for (the de- struction of) each animal that has bones.
23. For (killing) a eunuch (he shall give) a load of straw and a masha of lead ;
24. For (killing) a boar, a pot of clarified butter;
25. For (killing) a snake, a bar of iron ;
26. For (killing) an unchaste woman, who is merely in name a Brahma;/i, a leather bag;
says that this rule refers to the expiation of the murder of a virtuous Brahma^n.
18. Apastamba I, 9, 26, i; INIanu XI, 109-1 16; Ya^iiavalkya III, 263. Haradatta thinks that the Sutra refers to the cow of a vir- tuous 6'rotriya or of a poor Brahma;;a who has many children.
19. Apastamba I, 9, 25, 13. Haradatta explains dahara to mean a small mouse, but gives the meaning assigned to it in the transla- tion as the opinion of others. He states that all the animals named must have been intentionally injured and together.
20. ManuXI, 142; Yao-fiavalkya III, 275.
21. Apastamba I, 9, 26, 2.
22. Haradatta quotes a verse showing that 'something' means eight handfuls (mush/i) of grain.
23. Manu XI, 134 ; Ya^uavalkya III, 273.
24. Manu XI, 135.
25. Manu XI, 34 ; Ya^navalkya III, 273. Possibly dunda, a bar, denotes here a particular measure, as a dMida. is said to be equal to four hastas or ninety-six anguHs.
26. Manu XI, 139.
Xxii, 36. Penances. 283
27. (For killing a woman who subsists) by har- lotry, nothing at all.
28. F^or preventing that (a Brahma;/a) obtains a
wife, food, or money, (he must) in each case (remain
chaste) during a year,
29. For adultery two years,
30. (For adultery with the wife) of a ^'rotrlya three years,
;^i. And If he has received a present (from the woman), he shall throw it away,
32. Or restore it to the giver.
33. If he has employed Vedic texts for people
(with whom such intercourse is) forbidden, (he shall
remain chaste for a year), provided (the portion of
the Veda thus employed) contained one thousand
words.
34. And the same (penance must be performed)
by him who extinguishes the (sacred) fires, who
neglects the daily recitation of the Veda, or (who is
guilty) of a minor offence (upapataka),
35. Also by a wife who violates her duty (to
her husband); but, being guarded, she shall receive
food.
36. For committing a bestial crime, excepting
(the case of) a cow, (he shall offer) an oblation of
clarified butter, (reciting) the Kushma/^rt'a texts.
29-30. Apastamba II, 10, 27, 11.
33. Haradatta says that by the employment of Vedic texts, teaching or sacrificing is meant, but that others refer the Sutra to the performance of these acts in the company of, not for unworthy people.
35. Manu XI, 189; Ya^navalkya III, 297.
36. Manu XI, 174. Regarding the KushmaWas, see XIX, 12.
284 GAUTAMA. XXIII, i.
Chapter XXIII.
1. They shall pour hot spirituous liquor into the
mouth of a Brahma;^a who has drunk such liquor ;
he will be purified after death.
2. If he has drunk it unintentionally, (he shall
drink) for three days hot milk, clarified butter, and
water, and (inhale hot) air. That (penance is called
the Tapta-)kr//'Mra. Afterwards he shall be again
initiated.
3. And (the same penance must be performed) for swallowing urine, excrements, or semen,
4. And (for eating) any part of a carnivorous beast, of a camel or of an ass,
5. And of tame cocks or tame pigs.
6. If he smells the fume (exhaled) by a man who
has drunk spirituous liquor, (he shall) thrice restrain
his breath and eat clarified butter,
7. Also, if he has been bitten by (one of the animals mentioned) above (Sutras 4-5).
8. He who has defiled the bed of his Guru shall extend himself on a heated iron bed,
9. Or he shall embrace the red-hot iron image of a woman.
XXIII. I. Apastamba I, 9, 25, 3. Haradatta remarks that other twice- born men also must perform the same penance in case they drink liquor forbidden to them, see above, II, 20 note. He also states that the offence must have been committed intentionally and repeatedly ia order to justify so severe an expiation. Regarding the effect of the purification after death, see above, XX, 16.
2-3. Manu XI, 151 ; Ya^ilavalkya III, 255 ; see also Apastamba I, 9, 25, 10.
4-5. Manu XI, 157. 6. Manu XI, 150.
7. Manu XI, 200; Ya^ilavalkya III, 277.
8-16. Apastamba I, 9, 25, 1-2. Haradatta asserts that Guru denotes here the father alone.
Xxiii, 15. Penances. 285
10. Or he shall tear out his organ and testi-
cles and, holding them in his hands, walk straight
towards the south-west, until he falls down dead.
11. He will be purified after death.
12. (The guilt of him who has intercourse) with
the wife of a friend, a sister, a female belonging to
the same family, the wife of a pupil, a daughter-
in-law, or with a cow, is as great as that of (him
who violates his Guru's) bed.
13. Some (declare, that the guilt of such a sinner
is equal to) that of a student who breaks the vow of
chastity.
14. A woman who commits adultery with a man
of lower caste the king shall 'cause to be devoured
by dogs in a public place.
15. He shall cause the adulterer to be killed (also).
12. Manu XI, 171-172; Ya^navalkya III, 232-233.
13. 'The penance also consists in the performance of the rites obligatory on an unchaste student (see Sutras 17-19), and that for the violation of a Guru's bed need not be performed.' — Haradatta.
14. Manu VIII, 371.
15. Manu VIII, 372; Y%navalkya II, 286; Apastamba II, 10, 27, 9. My best MSS. read ghatayet, 'shall cause to be killed,' instead of Professor Stenzler's khadayet, ' shall cause to be de- voured.' C. has khadayet, but its commentary, as well as that given in the other MSS., shows that ghatayet is the correct read- ing. The text of the commentary runs as follows : Anantarokta- vishaye gata// puman r%na ghatayitvyo [khadayitavyo C] vadha- prakaraj^^anantaram eva vasish//zava/C'ane dari'ita//. The passages of VasishZ/za, which Haradatta has quoted in explana- tion of Sutra 14, prescribe that the adulterer is to be burnt. Another objection to the reading khadayet is that the word would be superfluous. If Gautama had intended to prescribe the same punishment for the adulterer as for the woman, he would simply have said puma/;/sam.
286 GAUTAMA. XXIII, i6.
