1 4-2 2 . Manu VIII, 98-1 oo. ' By speaking an untruth regarding them, the witness kills ten. Ten what ? Even ten (of that kind) regarding which he has lied. His guilt is as great as if he actually killed ten of them, and the punishment (is the same). Equal penances must also be prescribed for both cases.' — Haradatta.
248 GAUTAMA. XIII, 16.
1 6. Or (by false evidence) regarding land the whole (human race).
1 7. Hell (is the punishment) for a theft of land.
1 8. (By false evidence) concerning water (he in- curs) the same (guilt) as (for an untruth) about land,
19. Likewise (by false evidence) regarding (crimi- nal) intercourse.
20. (By false evidence) regarding honey or clari-
fied butter (he incurs) the same (guilt) as (by an
untruth) about small cattle,
21. (By false evidence) about clothes, gold, grain,
and the Veda, the same as (by an untruth) about
kine,
22. (And by false evidence) regarding a carriage
(or a beast of burden) the same as (by an untruth)
about horses.
23* A witness must be reprimanded and punished for speaking an untruth.
24. No guilt is incurred by giving false evidence, in case the life (of a man) depends thereon.
25. But (this rule does) not (hold good) if the
life of a very wicked (man depends on the evidence
of a witness).
26. The king, or the judge, or a Brahmawa learned in the 6astras (shall examine the witnesses).
27. (The litigant) shall humbly go to seek the judge.
23. Manu VIII, 119-1*3; Ya^avalkya II, 81, (literally " must be turned out ") means " must be reprimanded " in the presence of the whole audience, lest anybody have inter- course with him.' — Haradatta.
24-25. Manu VIII. 104-105; Y%«avalkya II, 83.
26. Manu VIII, 8-9, 79 ; Ya^«avalkya II, i, 3, 73.
27. Manu VIII, 43. The meaning of the Suira is that the
Xiv, 6. Impurity. 249
28. If (the defendant) is unable to answer (the plaint) at once, (the judge) may wait for a year.
29. But (in an action) concerning kine, draught-
oxen, women, or the procreation (of offspring), the
defendant (shall answer) immediately,
30. Likewise in a case that will suffer by delay.
31. To speak the truth before the judge is more important than all (other) duties.
CHAPTER XIV.
1. The Sapi/zdfas become impure by the death (of
a relative) during ten (days and) nights, except those
who officiate as priests, who have performed the
Diksha;ziyesh/i (or initiatory ceremony of a .Srauta
sacrifice), and those who are students.
2. (The impurity) of a Kshatriya lasts for eleven (days and) nights,
3. (That) of a Vaisya twelve (days and) nights,
4. (Or), according to some, half a month,
5. (And that) of a ^udra a whole month.
6. If during (a period of impurity) another (death)
happens, the (relatives) shall be pure after (the
lapse of) the remainder of that (first period).
judge shall not promote litigation, and incite people to institute suits. If litigants do not humbly appear before him, he is not to send for them.
28. See also Narada I, 38, 41.
29. Ya^wavalkya II, 12. Haradatta explains pra^anana, 'the procreation (of offspring),' to mean ' marriage.'
XIV. i. Manu V, 59, 83, 93; Ya^wavalkya III, 18, 28; see also Apastamba I, 5, 16, 18. Regarding the meaning of the term Sapim/a, see below, Sutra 13. This Sutra refers, of course, to Brahmawas only.
2-3. Manu V, 83; Ya^«ava!kya III, 22.
5. Manu and Ya^«avalkya 1. 1. cit. 6. Manu V, 79.
250 GAUTAMA. XIV, 7.
7. (But) if one night (only of the period of impu-
rity) remains (and another death happens, they shall
become pure) after (the lapse of) two (days and
nights).
8. (If the second death happens) on the morning
(after the completion of the period of impurity, they
shall be purified) after three (days and nights).
9. (The relatives) of those who are slain for the
sake of cows and Brahmawas (become pure) imme-
diately after the burial,
10. And (those of men destroyed) by the anger of the king,
11. (Further, those of men killed) in battle,
1 2. Likewise (those) of men who voluntarily (die)
by starving themselves to death, by weapons, fire,
poison, or water, by hanging themselves, or by
jumping (from a precipice).
13. Sapmda-relationship ceases with the fifth or the seventh (ancestor).
14. (The rules regarding impurity caused by the
9. Ya#«avalkya III, 27. The Sutra may, however, also be translated ' the relatives of those who have been killed by a cow, or by a Brdhma«a, &c.,' as the latter case, too, is mentioned by Ya^«avaikya III, 21. The word anvaksham, translated by ' immediately after burial/ is explained by Haradatta as follows : 'The corpse is seen, i.e. is visible, so long; the meaning is that they will be pure after having bathed at the end of the burial.'
10. Ya^wavalkya III, 21.
12. Manu V, 89; Ya^/7avalkya III, 21.
13. Apastamba II, 6, 15, 2. Haradatta states that the$api«</a- relationship extends to four degrees in the case of the son of an appointed daughter (see below, XXVIII, 18), while it includes the relatives within six degrees in the case of a legitimate son of the body. In either case the term refers to Sagotra-sapi«</as, or Sapi#</as who bear the same family name only. The case of the Bhinnagotra-sapiwo'as will be discussed below, Sutra 20.
14-16. Manu V, 62; Yagtfavalkya III, 18-19.
Xiv, 2t. Impurity. 251
death of a relative apply) to the birth (of a child) also.
15. (In) that (case the impurity falls) on the parents,
1 6. Or on the mother (alone).
1 7. (The impurity) for a miscarriage (lasts for a
number of days and) nights equal to (the number of)
months from conception,
1 8. Or three days.
19. And if he hears (of the death of a Sapiwda)
after (the lapse of) ten (days and nights, the impu-
rity lasts for) one night together with the preceding
and following days,
20. Likewise when a relative who is not a Sapiw^a, a relative by marriage, or a fellow-student (has died).
21. For a man who studies the same recension of the Veda (the impurity lasts) one day,
17. Manu V, 66; Ya^wavalkya III, 20. 19. Manu V, 75-77.
20. Manu V, 8 1. Haradatta explains asapiwak, ' a kinsman who is not a Sapinda,' by Samanodaka, i.e. 'a kinsman bearing the same family name, but more than six degrees removed,' and yonisam- bandha, ' a relative by marriage/ by ' the maternal grandfather, a maternal aunt's sons, and their sons, &c., the fathers of wives and the rest.' The latter term, for which ' a person related through a female' would be a more exact rendering than the one given above, includes, therefore, those persons who, according to the terminology of Manu and Ya^avalkya, are called Bhinnagotra- sapiwrfas, Bandhavas, or Bandhus (see Colebrooke, Mitakshara II. 53 ; II, 6). Gautama's terminology agrees in this respect with that of Apastamba, see note on II, 5, n, 16.
21. Haradatta explains sabrahma/iarin by suhr/'t, 'a friend/ But the term which elsewhere means 'a fellow-student' cannot have that sense in our Sutra, as the fellow-student (sahSdhyayin) has been mentioned already. The translation given above is supported by the manner in which it is used in the ancient land- grants, where expressions like bahvr/^asabrahmaHrin are of common occurrence.
252 GAUTAMA. XIV, 22.
22. Likewise for a -Srotriya who dwells in the same house.
23. On touching (i.e. on carrying out) a corpse
from an interested motive, the impurity lasts for
ten days.
24. (The duration of the impurity) of a VaLsya and
of a 6tidra (in the same case) has been declared (by
Sutras 3-5).
25. Or (it shall last for these two) as many nights as there are seasons (in the year) ;
26. And (the same rule may be made applicable) to the two higher (castes),
27. Or (the impurity lasts) three days.
28. And if the teacher, his son or wife, a person
for whom (a Brahma»a) sacrifices or a pupil (has
been carried out, the duration of the impurity is)
the same.
22. Manu V, 81.
23. ' The word upaspanrana (literally touching) does not denote here simple touching. For below, Sutra 30, bathing with the clothes on, will be prescribed for that. What does upaspanana then mean? It means carrying out a corpse. For that an impurity lasting ten days falls on the performer, provided that the carrying out be done for an object, i.e with the intention of gaining a fee or the like, not for the sake of doing one's duty. The word impurity is here repeated in order to indicate that the impurity, here intended, differs from that described above. Hence the rules given below, Sutra 37, which prescribe sleeping and sitting on the ground and so forth, do not apply. (The word impurity) indicates (here) merely that (the performer of the act) must not be touched, and has no right (to perform sacred ceremonies).' — Haradatta.
25. Haradatta states that Gautama does not simply say 'six days/ because five seasons only are to be reckoned in the case of a Vauya, and six in the case of a Sudra.
28. Haradatta asserts that mrz'teshu, ' have died,' must be under- stood. But as both the preceding and the following Sutras refer to
Xiv, 36. Impurity. 253
29. And if a man of lower caste carries out (the
corpse of) one of higher caste, or a man of higher
caste (carries out the body of) one of lower caste,
(the duration of) the impurity in these (cases) is
determined by (the caste of) the dead man.
30. On touching an outcast, a Aa«d&la, a woman
impure on account of her confinement, a woman in
her courses, or a corpse, and on touching persons
who have touched them, he shall purify himself by
bathing dressed in his clothes,
31. Likewise if he has followed a corpse (that was being carried out),
32. And (if he has come into contact) with a dog.
33. Some (declare), that (the limb) which (a dog) may touch (must be washed).
34. The Sapiwd'as shall offer (libations of) water
for (a deceased relative) whose A^aula-karman (or
tonsure) has been performed,
35. As well as for the wives and daughters of such (a person).
36. Some (declare, that it must be done in the case) of married female relatives (also).
the carrying out of corpses, it is impossible to agree with him. It seems to me that Gautama's rule means, that, if a man has carried out the corpse of a teacher, &c., he becomes impure for ten, eleven, or twelve days, or for three days only. See also Manu V, 91, 103 ; Ya^T/avalkya III, 15.
30. Apastamba II, 2, 2, 8-9 ; Manu V, 85 ; Ya§7/avalkya III, 30.
31. Manu V, 103 ; Ya^»avalkya III, 26. 32-33. Apastamba I, 5, 15, 16-17.
34. Apastamba II, 6, 15, 9; Manu V, 70. Haradatta observes that most Gr/hya-sutras prescribe the performance of the Aaula- karman in the third year.
36. Ya^Tzavalkya III, 4.
254 GAUTAMA. XIV, 37.
37. (During the period of impurity) all (the
mourners) shall sleep and sit on the ground and
remain chaste.
38. They shall not clean (themselves) ;
39. Nor shall they eat meat until (the funeral oblation) has been offered.
40. On the first, third, fifth, seventh, and ninth
(days after the death) water (mixed with sesamum)
must be offered.
41. And the garments (worn during that cere- mony) must be changed,
42. But on the last (day they must be given) to men of the lowest castes.
43. The parents (shall offer water for a son who dies) after he has teethed.
44. If infants, (relatives) who live in a distant
country, those who have renounced domestic life,
and those who are not Sapiwrf'as, (die), the purifica-
tion is instantaneous.
45. Kings (remain always pure), lest their busi- ness be impeded,
46. And a Brahma^a, lest his daily study of the Veda be interrupted.
37. Manu V, 73 ; Ya^navalkya HI, 16. . 39. Manu V, 73. 43. Manu V, 70.
44. Y%»avalkya III, 23. Haradatta remarks that the rule refers to those Sapi«<fos residing in foreign countries only, of whose death one may hear a year after their decease, and to remoter relations of whose death one hears after the lapse of ten days; see Manu V, 75-76.
45. Manu V, 93-94; Yag7?avalkya III, 27. Haradatta adds that the plural 'kings' is used in order to include all rulers and governors, and such persons as the king wishes to be pure.
46. Ya^avalkya III, 28.
XV, g. FUNERAL OBLATIONS. 255
CHAPTER XV.
1. Now (follow the rules regarding) funeral obla- tions (6raddha).
2. He shall offer (them) to the Manes on the day of the new moon,
3. Or in the dark half (of the month) after the fourth (lunar day),
4. Or on any day (of the dark half) according to (the results he may) desire ;
5. Or if (particularly appropriate) materials or
(particularly holy) Brahmawas are at hand, or (the
sacrificer is) near a (particularly sacred) place, no
restriction as to time (need be observed) :
