slain by anybody, becomes, in dying, an enemy of his slayer (and thinks), " O that I might slay him in another life," for the removal of this enmity ! ' — Haradatta. I am strongly inclined to agree with the other commentator, and to translate vairayatanartham, ' in order to remove the enmity.' I recognise in this fine a remnant of the law permitting compositions for murder which was in force in ancient Greece and among the Teutonic nations. With the expla- nation adopted by Haradatta, it is impossible to find a reasonable interpretation for prayaj&ttartha^, Sutra 4. Haradatta, seduced by the parallel passage of Manu, takes it to be identical with vai- rayatanirtham. I propose to translate our Sutra thus : ' He who has killed a Kshatriya shall give a thousand cows (to the relations of the murdered man) in order to remove the enmity.' According to Baudhayana I, 10. 19. i (compare Zeitschr. d. D. Morg. Ges., vol. 41, pp. 672-76 ; Festgruss an Roth, pp. 44-52), the cows are to be given to the king.
2. Manu XI, 130;. Ya^«. Ill, 267.
3. Manu XI, 131; Ya^«. Ill, 267.
6. Manu XI, 87. Abhi^asta means literally 'accused, accursed,' and corresponds in Apastamba's terminology to the mahapatakin of Manu and Ya^»avalkya, instead of which latter word Manu uses it occasionally, e.g. II, 185.
8O APASTAMBA. I, 9, 24.
8. Likewise he who has destroyed an embryo of a (Brahma«a, even though its sex be) undistinguishable,
9. Or a woman (of the Brahma;/a caste) during her courses.
10. (Now follows) the penance for him (who is an Abhirasta).
11. He (himself) shall erect a hut in the forest,
restrain his speech, carry (on his stick) the skull (of
the person slain) like a flag, and cover the space
from his navel to his knees with a quarter of a piece
of hempen cloth.
12. The path for him when he goes to a village, is the space between the tracks (of the wheels).
13. And if he sees another (Arya), he shall step out of the road (to the distance of two yards).
14. He shall go to the village, carrying a broken tray of metal of an inferior quality.
15. He may go to seven houses only, (crying,) ' Who will give alms to an Abhwasta ? '
1 6. That is (the way in which he must gain) his livelihood.
17. If he dpes not obtain anything (at the seven houses), he must fast.
1 8. And (whilst performing this penance) he must tend cows.
19. When they leave and enter the village, that is
the second occasion (on which he may enter) the
village.
9. ' Others interpret atreyi, " during. her courses," by "belonging to the race of Atri.'" — Haradntta.
ii. Others say that he may carry the skull of any corpse. This Sutra is to be construed with Sfltra 14, Sutras 12 and 13 being inserted parenthetically.— Haradatta. Manu XI, 72-78; Y%;7. Ill, 243.
T, 9, 24. Penance. 8 1
20. After having performed (this penance) for
twelve years, (he must perform) the ceremony known
(by custom), through which he is re-admitted into
the society of the good.
2 1 . Or (after having performed the twelve years'
penance), he may build a hut on the path of robbers,
and live there, trying to take from them the cows of
Brahma/zas. He is free (from his sin), when thrice
he has been defeated by them, or when he has van-
quished them.
22. Or he is freed (from his sin), if (after the
twelve years' penance) he bathes (with the priests)
at the end of a horse-sacrifice.
23. This very same (penance is ordained) for him
who, when his duty and love of gain come into con-
flict, chooses the gain.
24. If he has slain a Guru or a Brahma«a, who
has studied the Veda and finished the ceremonies of
a Soma-sacrifice, he shall live according to this very
same rule until his last breath.
25. He cannot be purified in this life. But his sin is removed (after death).
20. 'I.e. after having performed the penance, he shall take grass and offer it to a cow. If the cow approaches and confidingly eats, then one should know that he has performed the penance properly, not otherwise.' — Haradatta. Manu XI, 195 and 196.
21. Manu XI, 81. — Thus Haradatta, better, 'when thrice he has fought with them/ see the Pet, Diet. s. v. radh.
22. Manu XI, 83 ; Weber, Ind. Stud. X, 67.
23. 'Or the Sutra may have reference to unrighteous gain acquired by false testimony and the like.' — Haradatta.
24. ' Guru means "the father and the rest." ' — Haradatta.
25. 'His sin is removed after death. Hence the meaning is that his sons or other (relations) may perform the funeral cere- monies and the like. But others think that the first part of the Sutra forbids this, and that the meaning of pratyapattiA (can be
8a APASTAMBA. i, 9, 25,
PRASNA I, PATALA 9, KHAM>A 25.
1. He who has had connection with a Guru's wife
shall cut off his organ together with the testicles,
take them into his joined hands and walk towards
the south without stopping, until he falls down
dead.
2. Or he may die embracing a heated metal image of a woman.
3. A drinker of spirituous liquor shall drink ex- ceedingly hot liquor so that he dies.
4. A thief shall go to the king with flying hair,
carrying a club on his shoulder, and tell him his
deed. He (the king) shall give him a blow with
that (club). If the thief dies, his sin is expiated.
5. If he is forgiven (by the king), the guilt falls upon him who forgives him,
6. Or he may throw himself into the fire, or perform repeatedly severe austerities,
7. Or he may kill himself by diminishing daily his portion of food,
8. Or he may perform "Krikkkra. penances (un- interruptedly) for one year.
purified) is " connection by being received as a son or other rela- tion." ' — Haradatta.
25. i. Haradatta's explanation of a 'Guru's wife' by 'mother' rests on a comparison of similar passages from other Smr/tis, where a different * penance ' is prescribed for incestuous intercourse with other near relations, Manu XI, 105; Ya^«. Ill, 259.
2. Manu XI, 104; Ya^«. Ill, 259. •
3. Manu XI, 91, 92 ; Ya^fl. Ill, 253.
4. I.e. who has stolen the gold of a BrShma«a. Manu VIII, 314, 316; XI, 99-101 ; Ya§#. Ill, 257.
5. Manu VIII, 317. 6. Manu XI, 102.
8. According to Haradatta this Sutra refers to all kinds of sins,
1,9,25' Penance. 83
9. Now they quote also (the following verse) :
i.o. Those who have committed a theft (of gold),
drunk spirituous liquor, or had connection with a
Guru's wife, but not those who have slain a Brah-
mawa, shall eat every fourth meal-time a little food,
bathe at the times of the three libations (morning,
noon, and evening), passing the day standing and
the night sitting. After the lapse of three years
they throw off their guilt.
11. (A man of any caste) excepting the first, who
has slain a man of the first caste, shall go on a
battle-field and place himself (between the two
hostile armies). There they shall kill him (and
thereby he becomes pure).
12. Or such a sinner may tear from his body and
make the priest offer as a, burnt-offering his hair,
skin, flesh, and the rest, and then throw himself into
the fire.
13. If a crow, a chameleon, a peacock, a Brahmawl
duck, a swan, the vulture called Bhasa, a frog, an
ichneumon, a musk-rat, or a dog has been killed,
then the same penance as for a .Sttdra must be per-
formed.
and it must be understood that the l&fkkhra. penances must be heavy for great crimes, and lighter for smaller faults; see also below, I, 9, 27, 7 and 8.
9. Haradatta states that the verse is taken from a Purina.
11. Maim XI, 74; Y$£*. Ill, 248.
12. The Mantras given in the commentary, and a parallel passage of VasishMa XX, 25-26, show that this terrible penance is not altogether a mere theory of Apastamba. Ya^«f. Ill, 247,
13. 'According to some, the penance must be performed if all these animals together have been slain ; according to others, if only one of them has been killed; — Haradatta, Manu XI, 132, 136;
w. Ill, 270-272.
84 APASTAMIJA. I, 9, 26.
PRASNA I, PATALA 9, KHA^^A 26.
1. (The same penance must be performed), if a
milch-cow or a full-grown ox (has been slain), without
a reason.
2. And for other animals (which have no bones), if an ox-load of them has been killed.
3. He who abuses a person who (on account of
his venerability) ought not to be abused, or speaks
an untruth (regarding any small matter) must ab-
stain for three days from milk, pungent condiments,
and salt.
4. (If the same sins have been committed) by a ^Sudra, he must fast for seven days.
5. And the same (penances must also be per- formed) by women, (but not those which follow).
6. He who cuts off a limb of a person for whose
murder he would become an Abhi.sasta (must per-
form the penance prescribed for killing a -Stidra),
if the life (of the person injured) has not been
endangered.
2G. i. 'A reason ' for hurting a cow is, according to Haradatta, anger, or the desire to obtain meat.
2. Manu XI, 141; Ya^». Ill, 269. That 'animals without bones/ i.e. insects or mollusks, are intended in the Sutra is an inference, drawn by Haradatta from the parallel passages of Gau- tama, Manu, and Ya^vSavalkya.
3. ' A person who ought not to be abused, i. e. a father, a teacher, and the like.' — Haradatta.
5. The same penances, i. e. those prescribed I, 9, 24-!, 9, 26, 4. According to Haradatta this Sutra is intended to teach that women shall not perform the penances which follow. Others, however, are of opinion that it is given in order to indicate that the pre- ceding Sutras apply to women by an. atide-ra, and that, according to a Smarta principle, applicable to such cases, it may be inferred, that women are to perform one-half only of the penances pre- scribed for men.
I, 9, 26. Penance. 85
7. He who has been guilty of conduct unworthy
of an Aryan, of calumniating others, of actions con-
trary to the rule of conduct, of eating or drinking
things forbidden, of connection with a woman of the
.Sudra caste, of an unnatural crime, of performing
magic rites with intent (to harm his enemies) or
(of hurting others) unintentionally, shall bathe and
sprinkle himself with water, reciting the (seven)
verses addressed to the Waters, or the verses
addressed to Varuwa, or (other verses chosen from
the Anuvika, called) Pavitra, in proportion to the
frequency with which the crime has been com-
mitted.
8. A (student) who has broken the vow of chas-
tity, shall offer to Nirrzti an ass, according to the
manner of the Pakaya^wa-rites.
9. A .Sudra shall eat (the remainder) of that (offering).
10. (Now follows) the penance for him who trans- gresses the rules of studentship.
11. He shall for a year serve his teacher silently,
emitting speech only during the daily study (of the
Veda, in announcing necessary business to) his
teacher or his teachers wife, and whilst collecting
alms.
1 2. The following (penances) which we are going to proclaim, may be performed for the same sin, and
7. The Anuvaka intended is Taitt. Sa;«h. II, 5, 12.
8. Taitt. Ar. II, 18, and Weber, Ind. Stud. X, 102; Manu XI, 119 seq. ; and Ya^/7. Ill, 280. Regarding the Pakaya^-«a-rites, see Asv, Gri. Su. I, i, 2, and Max Muller's History of Ancient Sanskrit Literature, p. 203.
12. Regarding the Pataniya-crimes which cause loss of caste, see above, I, 7, 2 r, 7 seq.
86 APASTAMPA. I, 9, 27.
also for other sinful acts, which do not cause loss of caste.
13. He may either offer oblations to Kama and
Manyu (with the following two Mantras), ' Kama
(passion) has done it ; Manyu (anger) has done it.'
Or he may mutter (these Mantras).
14. Or, after having eaten sesamum or fasted on
the days of the full and new moon he may, on the
following day bathe, and stopping his breath, repeat
the Gayatri one thousand times, or he may do so
without stopping his breath.
PRASNA I, PATALA 9, KHAMDA 27.
1. After having eaten sesamum or having fasted
on the full moon day of the month Sr&vans, (July-
August), he may on the following day bathe in the
water of a great river and offer (a burnt-oblation of)
one thousand pieces of sacred fuel, whilst reciting
the Gayatri, or he may mutter (the Gayatri) as many
times.
