n. (The truth of) that may be known by the following (reason) :
1 2. This creation (is the work) of Pra^apati and of the sages.
13. The bodies of those (sages) who stay there
(in heaven) on account of their merits appear visibly
most excellent and brilliant (as, for instance, the
constellation of the seven -/?z'shis).
14. But even though some (ascetic), whilst still
24. 6. ' They become the seed,' i.e. ' The Pra^ipatis.'
8. ' Other (duties), i. e. the order of ascetics and the like.' —
Haradatta.
13. As the j?/shis have not lost heaven through the sins of their sons, the dogma according to which ancestors lose heaven through the sins of their sons, must be false.
14. Apastambas own opinion is apparently against pure as- ceticism.
It. to, 25. the King. Ioi
in the body, may gain heaven through a portion of
(the merit acquired by his former) works or through
austerities, and though he may accomplish (his
objects) by his mere wish, still this is no reason
to place one order before the other.
PRASNA II, PATALA 10, KHAAV>A 25.
1. The general and special duties of all castes
have been explained. But we will now declare those
of a king in particular.
2. He shall cause to be built a town and a palace,
the gates of both of which (must look) towards the
south.
3. The palace (shall stand) in the heart of the town.
4. In front of that (there shall be) a hall. That is called the hall of invitation.
5. (At a little distance) from the town to the
south, (he shall cause to be built) an assembly-house
with doors on the south and on the north sides, so
that one can see what passes inside and outside.
6. In all (these three places) fires shall burn constantly.
7. And oblations must be offered in these fires daily, just as at the daily sacrifice of a householder.
8. In the hall he. shall put up his guests, at least those who are learned in the Vedas.
25. 3. 'In the heart of the town, i.e. in that town which is sur- rounded by all the walls.' — Haradatta. Compare Manu VII, 76.
6. According to Haradatta, the fires are to be common, not consecrated ones.
7. Manu VII, 78 ; Y%». I, 313.
8. Manu VII, 82 seq.
W M
162 APASTAMBA. 11,10,25.
9. Rooms, a couch, food and drink should be given to them according to their good qualities.
10. Let him not live better than his Gurus or ministers.
1 1. And in his realm no (Brahma^a) should suffer
hunger, sickness, cold, or heat, be it through want,
or intentionally.
12. In the midst of the assembly-house, (the
superintendent of the house) shall raise a play-table
and sprinkle it with water, turning his hand down-
wards, and place on it dice in even numbers, made
of Vibhitaka (wood), as many as are wanted.
13. Men of the first three castes, who are pure and truthful, may be allowed to play there.
14. Assaults of arms, dancing, singing, music, and
the like (performances) shall be held only (in the
houses) of the king's servants.
15. That king only takes care of the welfare of
his subjects in whose dominions, be it in villages
or forests, there is no danger from thieves.
10. 'The Gurus are the father and other (venerable rela- tions).'— Haradatta.
11. Manu VII, 134. 'Or intentionally; with reference to that the following example may be given. If anybody is to be made to pay his debts or taxes, then he is to be exposed to cold or heat, or to be made to fast (until he pays). The king shall punish (every one) who acts thus.' — Haradatta.
13. 'Having played there, they shall give a fixed sum to the gambling-house keeper and go away. The latter shall, every day or every month or every year, give that gain to the king. And the king shall punish those who play elsewhere or quarrel in the assembly-house.' — Haradatta.
14. 'At festivals and the like occasions (these performances) take place also elsewhere, that is the custom.' — Haradatta.
15. Manu VII, 143, and passim ; Ya^«. I, 335.
11,10,26. Civil and Criminal Law. 163
PRASNA II, PAT-ALA 10, KHAJVDA 26.
1 . A (king) who, without detriment to his servants,
gives land and money to Brahmawas according to
their deserts gains endless worlds.
2. They say (that) a king, who is slain in at-
tempting to recover the property of Brahma#as,
(performs) a sacrifice where his body takes the place
of the sacrificial post, and at which an unlimited fee
is given.
3. Hereby have been declared (the rewards of)
other heroes, who fall fighting for a (worthy)
cause.
4. He shall appoint men of the first three castes,
who are pure and truthful, over villages and towns
for the protection of the people.
5. Their servants shall possess the same qualities.
6. They must protect a town from thieves in every direction to the distance of one yo/ana.
7. (They must protect the country to the distance of) one kro^a from each village.
8. They must be made to repay what is stolen within these (boundaries).
26. i. Manu VII. 83, 84, 88; Yagn. I, 314.
2. According to Haradatta the king's body represents the post (yupa), his soul the sacrificial animal, the recovered property the reward for the priests or fee.
3. Manu VII, 89 ; Ya^v*. I, 323, 324.
4. Manu VII, 115-124; Ya^«. I, 321.
6. Ya£«. II, 271-272. A ycgana is a distance of 4 krara, kos.
7. A kroja, kos, or gau, literally ' the lowing of a cow,' is variously reckoned at 1^-4 miles.
8. Ya^fl.I, 272. This law is, with certain modifications, still in force. See Bombay Regulations, XII, 27 par.
1 64 APASTAMBA. IT, IO, 26.
9. The (king) shall make them collect the lawful taxxes (mlka).
10. A learned Brahmawa is free from taxes,
1 1. And the women of all castes,
12. And male children before the marks (of puberty appear),
13. And those who live (with a teacher) in order to study,
14. And those who perform austerities, being intent on fulfilling the sacred law,
15. And a 6udra who lives by washing the feet,
1 6. Also blind, dumb, deaf, and diseased persons (as long as their infirmities last),
1 7. And those to whom the acquisition of property is forbidden (as Sannyisins).
1 8. A young man who, decked with ornaments,
enters unintentionally (a place where) a married
woman or a (marriageable) damsel (sits), must be
reprimanded.
9. According to Haradatta, who quotes Gautama in his com- mentary, the julka is the ^th part of a merchant's gains. On account of the Sutras immediately following, it is, however, more probable that the term is here used as a synonym of ' kara,' and includes all taxes. ' Lawful ' taxes are, of course, those sanctioned by custom and approved of by the Smr;tis.
10. Manu VII, 133.
11. Haradatta thinks that the rule applies to women of the Anuloma, the pure castes, only.
14. 'Why does he say "intent on fulfilling the holy law?" Those shall not be free from taxes who perform austerities in order to make their magic charms efficacious/ — Haradatta.
1 8. The ornaments would indicate that he was bent on mis- chief. Compare above, I, n, 32, 6.
11,10,27- Civil and Criminal Law. 165
19. But if he does it intentionally with a bad purpose, he must be fined.
20. If he has actually committed adultery, his organ shall be cut off together with the testicles.
21. But (if he has had intercourse) with a (mar-
riageable) girl, his property shall be confiscated and
he shall be banished.
22. Afterwards the king must support (such women and damsels),
23. And protect them from defilement
24. If they agree to undergo the (prescribed)
penance, lie shall make them over to their (lawful)
guardians.
PRASNA II, PAFALA 10, KHAA-DA 27.
1. If (adulteresses) have performed (the pre-
scribed penance), they are to be treated as before
(their fault). For the connection (of husband and
wife) takes place through the law.
2. (A husband) shall not make over his (wife),
who occupies the position of a ' gentilis,' to others
(than to his ' gentiles '), in order to cause children to
be begot for himself.
19. 'The punishment must be proportionate to his property and the greatness of his offence. The term "with a bad purpose" is added, because he who has been sent by his teacher (to such a place) should not be punished.' — Harndatta. Manu VIII, 354 ; Ya^?. II, 284.
24. 'I.e. a married woman to her husband or father-in-law, an unmarried damsel to her father or to her brother.' — Haradatta.
27. 2. This Sutra refers to the begetting of a Ksbet.raga son, and gives the usual rule, that only the Sagotras in the order of the grade of relationship, a brother-in-law, a Sapi»</a, &c., shall be employed for this purpose.
1 66 APASTAMBA. 11,10,27.
3. For they declare, that a bride is given to the
family (of her husband, and not to the husband
alone).
4. That is (at present) forbidden on account of the weakness of (men's) senses.
5. The hand (of a gentilis is considered in law to
be) that of a stranger, and so is (that of any other
person except the husband).
6. If the (marriage vow) is transgressed, both (husband and wife) certainly go to hell.
7. The reward (in the next world) resulting from
obeying the restrictions of the law is preferable
to offspring obtained in this manner (by means of
Niyoga).
8. A man of one of the first three castes (who
commits adultery) with a woman of the .Sudra caste
shall be banished.
9. A .5udra (who commits adultery) with a
wroman of one of the first three castes shall suffer
capital punishment.
10. And he shall emaciate a woman who has
committed adultery with a (.Sudra, by making her
undergo penances and fasts, in case she had no
child).
11. They declare, that (a Brahma#a) who has
4. ' For now-a-days the senses of men are weak, and therefore the peculiar (law formerly) in force regarding gentiles is so no longer, lest husbands should be set aside under the pretended sanction of the .Sastras.' — Haradatta.
9. Manu VIII, 374; Ya^«. II, 286. According to Haradatta, this refers to a -Sudra servant who seduces a woman committed to his charge. In other cases the punishment prescribed, II, 10, 26, 10, is to take effect. The same opinion is expressed by Gautama.
n. This refers to the wife of a .Srotriya, as Haradatta states according to Gautama. The penance is three years' chastity.
11,10,2). Civil and Criminal Law. 167
once committed adultery with a married woman of
equal class, shall perform one- fourth of the penance
prescribed for an outcast
12. In like manner for every repetition (of the crime), one-fourth of the penance (must be added).
13. (If the offence be committed) for the fourth
time, the whole (penance of twelve years must be
performed).
14. The tongue of a ^udra who speaks evil of
a virtuous person, belonging to one of the first three
castes, shall be cut out.
15. A .Sudra who assumes a position equal (to
that of a member of one of the first three castes),
in conversation, on the road, on a couch, in sitting
(and on similar occasions), shall be flogged.
16. In case (a .Sudra) commits homicide or theft,
appropriates land (or commits similar heinous crimes),
his property shall be confiscated and he himself
shall suffer capital punishment.
1 7. But if these (offences be committed) by a Brah-
mawa, he shall be made blind (by tying a cloth over
his eyes).
1 8. He shall keep in secret confinement him who
violates the rules (of his caste or order), or any
other sinner, until (he promises) amendment.
19. If he does not amend, he shall be banished.
20. A spiritual teacher, an officiating priest, a
15. In conversation, i.e. addressing Aryas familiarly, with tvam, ' thou,' &c.
17. Haradatta states expressly that the eyes of a Brahma«a must not be put out by any sharp instrument. He should be kept blindfold all his life.
20. ' The intercession is to take effect in this manner : that mutilation is commuted to a fine, a fine to a flogging, a flogging to a reprimand.' — Haradatta.
l68 APASTAMBA. IT, n, 28.
Snataka, and a prince shall be able to protect (a
criminal from punishment by their intercession),
except in case of a capital offence.
PRASNA II, PAPAL A 11, KHAATZ>A 28.
1. If a person who has taken (a lease of) land
(for cultivation) does not exert himself, and hence
(die land) bears no crop, he shall, if he is rich, be
made to pay (to the owner of the land the value of
the crop) that ought to. have grown.
