2. A servant in tillage who abandons his work shall be flogged.
3. The same (punishment shall be awarded) to a herdsman (who leaves his work) ;
4. And the flock (entrusted) to him shall be taken away (and be given to some other herdsman).
5. If cattle, leaving their stable, eat (the crops of
other persons, then the owner of the crops, or the
king's servants), may make them lean (by impound-
ing them) ; (but) he shall not exceed (in such
punishment).
28. i. This Sfitra shows that the system of leasing land against a certain share of the crops, which now prevails generally in Native States, and is not uncommon in private contracts on British terri- tory, was in force in Apastamba's times.
2. See Colehrooke, Digest, Book III, Text Ixviii, for this Sutra and the following two. Another commentator, quoted by Hara- clatta; connects this Sfttra with the preceding, and refers it 10 a poor lessee of land, who cannot pay the value of the crop which was lost through his negligence. A third explanation refers the Sutra to a cultivator who neglects to till his land, (/agannatha's authorities, the A"intama«i and Ratnakara, agree with Haradatta's first explanation.
5. Manu VIII, 240; Ya§7/. II, 159-161.
It, It, 29. Civil and Criminal Law. 169
6. If (a herdsman) who has taken cattle under
his care, allows them to perish, or loses (them by
theft, through his negligence), he shall replace them
(or pay their value) to the owners.
7. If (the king's forester) sees cattle that have
been sent into the forest through negligence (with-
out a herdsman), he shall lead them back to the
village and make them over to the owners.
8. If the same negligence (occur) again, he shall
once impound them (and afterwards give them
back).
9. (If the same fault be committed again) after that (second time), he shall not take care (of them).
10. He who has taken unintentionally the pro-
perty of another shall be reprimanded, in case (the
property be) fuel, water, roots, fiowers, fruits, per-
fumes, fodder, or vegetables.
11. (If he takes the above-mentioned kinds of
property) intentionally, his garment shall be taken
away.
12. He who takes intentionally food when he is in danger of his life shall not be punished.
13. If the king does not punish a punishable offence, the guilt falls upon him.
PRASNA II, PATALA 11, KIIANDA 29.
1. He who instigates to, he who assists in, and
he who commits (an act, these three) share its
rewards in heaven and its punishments in hell.
2. He amongst these \vho contributes most to
6. Manu VIII, 232; Y%T?. II, 164. 13. Manu VIII, 18, 308; \ragn. I, 336.
1 70 Apastamba, 11,11,29-
the accomplishment (of the act obtains) a greater share of the result.
3. Both the wife and the husband have power over (their) common property.
4. By their permission, others also may act for
their good (in this and the next world, even by
spending money).
5. Men of learning and pure descent, who are
aged, clever in reasoning, and careful in fulfilling
the duties (of their caste and order, shall be the
judges) in lawsuits.
6. In doubtful cases (they shall give their deci-
sion) after having ascertained (the truth) by infer-
ence, ordeals, and the like (means).
7. A person who is possessed of good qualities
(may be called as a witness, and) shall answer the
questions put to him according to the truth on an
auspicious day, in the morning, before a kindled fire,
standing near (a jar full of) water, in the presence of
the king, and with the consent of all (of both parties
and of the assessors), after having been exhorted (by
the judge) to be fair to both sides.
8. If (he is found out speaking) an untruth, the king shall punish him.
29. 3, ' Though this is so, still the wife cannot spend (money) without the permission of her husband, but the husband can do (so without the consent of his wife). That may be known by Sutra II, 6, 14, u, "They do not declare it to be a theft if the wife spends money for a good reason during the absence of her husband." ' — Haradatta.
4. ' Others, i.e. the sons and the rest.' — Haradatta.
5. Ya#3f.II,2.
6. ' And the like, i.e. by cross-examination, &c.'— Haradatta.
7. Manu VIII, 87 seq. ; Ya^«. II, 68-75.
8. Manu VIII, 119 seq.
11,11,29- Civil and Criminal Law. 17!
9. Besides, in that case, after death, hell (will be his punishment).
10. If he speaks the truth, (his reward will be) heaven and the approbation of all created beings.
1 1 . The knowledge which ^udras and women possess is the completion (of all study).
12. They declare, that (this knowledge) is a supplement of the Atharva-veda.
13. It is difficult to learn the sacred law from
(the letter of) the Vedas (only) ; but by following
the indications it is easily accomplished.
14. The indications for these (doubtful cases are),
' He shall regulate his course of action according to
the conduct which is unanimously recognised in all
countries by men of the three twice-born castes, who
have been properly obedient (to their teachers),
who are aged, of subdued senses, neither given to
avarice, nor hypocrites. Acting thus he will gain
both worlds.'
15. Some declare, that the remaining duties
(which have not been taught here) must be learnt
from women and men of all castes.
9. Manu VIII, 89 seq.
10. Manu VIII, 81 seq.
11. Manu II, 223. The meaning of the Sutra is, that men ought not to study solely or at first such .Sastras as women or .Sudras also learn, but that at first they must study the Veda. See Manu II, 1 68. The knowledge which women and .Sudras possess is dancing, music, and other branches of the Artha-rastra.
14. See above, I, 7, 20, 8 and 9.
G A U T A M A,
INSTITUTES OF THE SACRED LAW.
GAUTAMA,
INSTITUTES OF THE SACRED LAW.
CHAPTER I.
1. THE Veda is the source of the sacred law,
2. And the tradition and practice of those who knoiv the (Veda).
3. Transgression of the law and violence are ob-
served (in the case) of (those) great (men) ; but both
are without force (as precedents) on account of the
weakness of the men of later ages.
4. If (authorities) of equal force are conflicting, (either may be followed at) pleasure.
5. The initiation of a Brahma^a (shall ordinarily take place) in his eighth year;
I. 1-2. Apastamba I, i, i, 1-2.
3. Apastamba II, 6, 13, 8-10. Instances of transgressions of the law are the adultery of Kataka and Bharadva^a, Vasish/fo's marriage with the A1a«d"ali Akshamala, Rama G'amadagnya's murder of his mother. Haradatta explains the term ' avara,' translated by ' men of later ages/ to mean ' men like ourselves ' (asmadadi). In his comment on the parallel passage of Apastamba he renders it by idanintana, 'belonging to our times;' and in his notes on Apastamba I, 2, {,, 4, he substitutes arva/'ina kaliyugavartin, ' men of modern times living in the Kaliyuga/ The last explanation seems to me the most accurate, if it is distinctly kept in mind that in the times of Gautama the Kaliyuga was not a definite period of calculated duration, but the Iron Age of sin as opposed to the happier times when justice still dwelt on earth.
176 GAUTAMA. I, 6.
6. (It may also be performed) in the ninth or
fifth (years) for the fulfilment of (some particular)
wish.
7. The number of years (is to be calculated) from conception.
8. That (initiation) is the second birth.
9. The (person) from whom he receives that (sacrament is called) the A^arya (teacher).
10. And (the same title is also bestowed) in con- sequence of the teaching of the Veda.
11. (The initiation) of a Kshatriya (shall ordi-
narily take place) in the eleventh (year after con-
ception), and that of a VaLvya in the twelfth.
12. Up to the sixteenth year the time for the Savitri of a Brahmawa has not passed,
13. Nor (for the initiation) of a Kshatriya up to the twentieth (year).
14. (And the limit for that) of a Vai^ya (extends) two years beyond (the latter term).
15. The girdles (worn by students) shall be strings
of Miw^a grass, a bow-string, or a (wool) thread,
according to the order (of the castes).
1 6. (Their upper garments shall be) skins of black-bucks, spotted deer, (or) he-goats.
6. Apastamba I, i, i, 20-21.
7. Apastamba I, i, i, 19. 8. Apastamba I, i, i, 17-18.
9. Apastamba I, i, i, 14. 10. Manu II, 140 ; Ya#;7avalkya I, 34.
n. Apastamba I, i, i, 19.
12. Apastamba I, i, i, 27. Savitri, literally the Rik sacred to Savitr*', is here used as an equivalent for upanayana, initiation, because one of the chief objects of the ceremony is to impart to the neophyte the Mantra sacred to Savltr/, Rig-veda III, 62, 10.
13-14. Apastamba I, i, i, 27.
15. Apastamba I, i, 2, 33-36. 16. Apastamba I, i, 3, 3-6.
1,26. Initiation. 177
17. Hempen or linen cloth, the (inner) bark (of
trees), and woollen blankets (may be worn as lower
garments by students) of all (castes),
1 8. And undyed cotton cloth.
19. Some (declare that it) even (may be dyed) red.
20. (In that case the garment) of a Brahmawa (shall be dyed with a red dye) produced from a tree,
21. (And those of students) of the other two (castes shall be) dyed with madder or turmeric.
22. The staff (carried by a student) of the Brah- mawa (caste shall be) made of Bilva or Palate wood.
27. Staves made of A^vattha or Pllu wood (are fit) for (students of) the remaining (two castes).
24. Or (a staff cut from a tree) that is fit to be
used at a sacrifice (may be carried by students) of all
(castes).
25. (The staves must be) unblemished, bent (at the top) like a sacrificial post, and covered by their bark.
26. They shall reach the crown of the head, the
forehead, (or) the tip of the nose (according to the
caste of the wearer).
1 7. Haradatta explains £ira, the inner bark of a tree, by ' made of Ku-ra grass and the like.' Regarding dresses made of Kura grass, see the Petersburg Diet. s.v. Kiua^ira. A'ira may also mean 'rags,' such as were worn by Sannyasins (see below, III, 19) and Bauddha ascetics.
19-21. Apastamba I, i, 2, 41 — I, i, 3, 2.
22. Apastamba I. i, 2, 38.
24. ' Because the term " fit to be used at a sacrifice " is em- ployed, the Vibhitaka and the like (unclean trees) are excluded.' — Haradatta. Regarding the Vibhitaka, see Report of Tour in Kajmir, Journal Bombay Br. Roy. As. Soc. XXXIV A, p. 8.
25. Manu II, 47. 'Unblemished means uninjured by worms and the like/- Haradatta.
26. Manu II, 46.
178 GAUTAMA. I, 27.
27. (It is) optional (for students) to shave (their
heads), to wear the hair tied in a braid, (or) to keep
(merely) a lock on the crown of the head tied in a
braid (shaving the other portions of the head).
28. If he becomes impure while holding things
in his hands, he shall (purify himself) by sipping
water without laying (them on the ground).
27. Apastamba I, r, 2, 31-32. The above translation follows the reading of my MSS. mun^a^a/ilajikha^a/a v£, which seems more in accordance with the Sutra, style. It must, however, be understood that the arrangement of the hair is not regulated by the individual choice of the student, but by the custom of his family, school, or country. In the commentary, as given by one of my MSS., it is stated the custom of shaving the whole head prevailed among the A'Aandogas. Max Mtiller, History of Ancient Sanskrit Literature, p. 53 ; Weber, Indische Studien, X, 95.
