34. Manu V, 12; Y%wavalkya I, 173. Haradatta explains mandhala by vagvada, which seems to be the same as the bird vagguda (Manu XII, 64). Mandhala is not found in our dic- tionaries, but it apparently is a vicarious form for mSnthala, which occurs in the Va^-asaneyi-eawhita, and is said to be the name of a kind of mouse or rat. It seems to me that the large herbivorous bat, usually called the flying fox (in Gu^aratt vagud or vagul) is really meant, which, by an inaccurate observer, might be described both as a bird and as a kind of rat. See also VasishMa XIV, 48.
35. Apastamba I, 5, 17, 32-33.
36. Apastamba I, 5, 17, 38-39.
270 GAUTAMA. XVII, 37.
37. And (animals) that must be slain for (the fulfilment of) the sacred lav/.
38. Let him eat (the flesh of animals) killed by
beasts of prey, after having washed it, if no blemish
is visible, and if it is declared to be fit for use by
the word (of a Brahmawa).
CHAPTER XVIII.
1. A wife is not independent with respect to (the fulfilment of) the sacred law.
2. Let her not violate her duty towards her husband.
3. Let her restrain her tongue, eyes, and (organs of) action.
4. A woman whose husband is dead and who de- sires offspring (may bear a son) to her brother-in-law.
37. I.e. animals offered at .Sraddhas and .SYauta-sacrifices, though under other circumstances forbidden, may be eaten both by the priests and other Brahma«as.
38. Haradacta takes vyala, 'beasts of prey,' to mean sporting dogs, which no doubt are also intended.
XVIII. i. Manu V, 155. This Sutra refers in the first instance to the inability of wives to offer on their own account Srauta or Gr*"hya-sacrifices, or to perform vows and religious ceremonies prescribed in the Pura«as, without the permission of their husbands. As the word stri means both wife and woman, its ulterior meaning is, that women in general are never independent ; see Manu V, 1 48 ; IX, 3 ; Ya^Tzavalkya I, 85.
2. Apastamba II, 10, 27, 6; Manu IX, 102.
3. Manu V, 166; Ya^»avalkya I, 87.
4. Apastamba II, 10, 27, 2-3; Manu IX, 59-60; Ya^«avalkya I, 68. Apati, ' she whose husband is dead,' means literally, ' she who has no husband.' But as the case of a woman whose husband has gone abroad, is discussed below, it follows that the former translation alone is admissible. It must, of course, be understood that the widow has no children.
Xviii, 14- Women. 271
5. Let her obtain the permission of her Gurus,
and let her have intercourse during the proper
season only.
6. (On failure of a brother-in-law she may obtain
offspring) by (cohabiting with) a Sapix/dfa, a Sagotra,
a Samcinapravara, or one who belongs to the same
caste.
7. Some (declare, that she shall cohabit) with nobody but a brother-in-law.
8. (She shall) not (bear) more than two (sons).
9. The child belongs to him who begat it,
10. Except if an agreement (to the contrary has been made).
1 1 . (And the child begotten at) a living husband's (request) on his wife (belongs to the husband).
12. (But if it was begotten) by a stranger (it belongs) to the latter,
13. Or to both (the natural father and the husband of the mother).
14. But being reared by the husband, (it belongs to him.)
5. The Gurus are here the husband's relatives, under whose protection the widow lives.
6. Regarding the term SapiWa, see above, XIV, 13; a Sagotra is a relative bearing the same family name (laukika gotra) removed seven to thirteen degrees, or still further. A Samanapravara is one who is descended from the same JRt'shi (vaidika gotra).
8. Colebrooke V, Digest 265. Haradatta explains atidvitiya, ' not more than two (sons)/ to mean ' not more than one son ' (prathamam apatyam atitya dvitiyam na^anayed iti). But see Manu IX, 61.
9. Apastamba II, 6, 13, 6-7. 10. Manu IX, 52.
it. Manu IX, 145. Such a son is called Kshetra^a, see below, XXVIII, 32.
12. Manu IX, 144.
13. Ya^wavalkya II, 127. Such a son is called dvipitri or dvyamushyayawa.
272 GAUTAMA. XVIII, 15.
15. (A wife must) wait for six years, if her
husband has disappeared. If he is heard of, she
shall go to him.
1 6. But if (the husband) has renounced domestic
life, (his wife must refrain) from intercourse (with
other men).
1 7. (The wife) of a Brahmawa (who has gone to
a foreign country) for the purpose of studying (must
wait) twelve years.
1 8. And in like manner if an elder brother (has
gone to a foreign country) his younger brother (must
wait twelve years) before he takes a wife or kindles
the domestic fire.
1 9. Some (declare, that he shall wait) six years.
20. A (marriageable) maiden (who is not given
in marriage) shall allow three monthly periods to
pass, and afterwards unite herself, of her own will,
to a blameless man, giving up the ornaments received
from her father (or her family).
21. A girl should be given in marriage before (she attains the age of) puberty.
22. He who neglects it, commits sin.
15. Manu IX, 76. ' When the husband has disappeared, i. e. has gone to a foreign country, his wife, though childless, shall wait for six years. After (the lapse of) that (period) she may, if she desires it, produce a child (by cohabiting with a SapiWa), after having been authorised thereto by her Gurus. If the husband is heard of, i.e. that he dwells in such and such a country, she shall go to him.' — Haradatta. Kshapawa, ' waiting,' is ambiguous, and may also mean being continent or emaciating herself.
17. I.e. before she goes to live with a Sapinda., or tries to follow her husband, in case his residence is known.
20. Manu IX, 90-92 ; Ya^wavalkya I, 64.
21. Manu IX, 88.
22. Manu IX, 4 ; Ya^»avalkya I, 64. ' He who/ i.e. the father or guardian.
XVIII, 3i. WOMEN. 273
23. Some (declare, that a girl shall be given in marriage) before she wears clothes.
24. In order to defray the expenses of a wedding,
and when engaged in a rite (enjoined by) the sacred
law, he may take money (by fraud or force) from
a .Sudra,
25. Or from a man rich in small cattle, who
neglects his religious duties, though he does not
belong to the ,5udra caste,
26. Or from the owner of a hundred cows, who does not kindle the sacred fire,
27. Or from the owner of a thousand cows, who does not drink Soma.
28. And when he has not eaten (at the time of
six meals he may take) at the time of the seventh
meal (as much as will sustain life), not (such a
quantity as will serve) to make a hoard,
29. Even from men who do not neglect their duties.
30. If he is examined by the king (regarding his deed), he shall confess (it and his condition).
31. For if he possesses sacred learning and a
good character, he must be maintained by the
(king).
24. Manu XI, u, 13. Haradatta explains dharmatantra, 'a rite prescribed by the sacred law,' here, as well as Sutra 32, by 'the means/ i.e. a sacrificial animal and the like required by one who is engaged in performing a sacred duty, i. e. a Pajubandha-sacrifice and the like.
25. Manu XI, 12. 26-27. Manu XI, 14. 28. Manu XI, 16; Ya^wavalkya III, 43.
30. Manu XI, 17 ; Ya^wavalkya III, 43-44.
31. Manu XI, 21-22. Haradatta adds that a Brahmana who acts thus, must, of course, not be punished.
274 GAUTAMA. XVIII, 32.
32. If the sacred law is violated and the (king) does not do (his duty), he commits sin.
CHAPTER XIX.
1. The law of castes and of orders has been declared.
2. Now, indeed, man (in) this (world) is polluted
by a vile action, such as sacrificing for men unworthy
to offer a sacrifice, eating forbidden food, speaking
what ought not to be spoken, neglecting what is
prescribed, practising what is forbidden.
3. They are in doubt if he shall perform a penance for such (a deed) or if he shall not do it,
4. (Some) declare, that he shall not do it,
32. Haradatta refers this Sutra to the case where a sacrificial animal or other requisites for a sacrifice are stolen from a Brah- ma«a. It seems, however, more probable that it refers to the duty of the king to prevent, by all means in his power, a violation of the sacred duty to perform -Srauta- sacrifices, and that it is intended to prescribe that he is to assist a man who is engaged in them and too poor to finish them.
XIX. i. Haradatta thinks that the object of this Sutra is to assert that in the following chapter the laws given above for castes and orders must be kept in mind. Thus penances like offering a Punastoma are not intended for Sudras, who have no business with Vedic rites, but other penances are. He also states that another commentator believes that the Sutra is meant to indicate that the following rules refer not merely to those men who belong to castes and orders, but to the Pratilomas also, who have been declared to stand outside the pale of the sacred law, Haradatta's opinion appears to be preferable.
2. lAyam purusha^, "man (in) this (world)," indicates the universal soul which is dwelling in the body. Yapya, "vile," i.e. despicable (kutsita).' — Haradatta.
3. ' They, i.e. the theologians (brahmava'dina/fc).' — Haradatta.
Xix, 12. Penances. 27$
5. Because the deed does not perish.
6. The most excellent (opinion is), that he shall perform (a penance).
7. For it is declared in the Veda, that he who
has offered a Pimastoma (may) again come to (par-
take of) the libations of Soma,
8. Likewise he who has offered a Vr£tyastoma
9. (The Veda says) further : * H e who offers
a horse -sacrifice, conquers all sin, he destroys the
guilt of the murder of a Brahma/za:
10. Moreover: 'He shall make an Abhwasta perform an Agnish/ut sacrifice.'
11. Reciting the Veda, austerity, a sacrifice,
fasting, giving gifts are the means for expiating
such a (blamable act).
12. The purificatory (texts are), the Upanishads,
the Vedantas, the Sawhita-text of all the Vedas,
the (Anuvakas called) Madhu, the (hymn of)
5. I.e. the guilt (adharma) contracted by the deed is not effaced before it has produced its result in the shape of punishment in hell and in other births, see also Manu XI, 45.
6. ' Apara, " most excellent." means that which nothing sur- passes, i.e. the settled doctrine.' — Haradatta.
7. The Punastoma is one of the .Srauta- sacrifices belonging to the class called Ekaha. Regarding its efficacy, see also La/yS- yana .SYauta-sutra IX, 4, 5.
8. The Vratyastoma is another Ekaha-sacrifke. Regarding its efficacy, see Ya^-«avalkya I, 38 : La/yayana •Srautra-stitraVIII, 6, 29.
9. .Satapatha-brahmawa XIII, 3, r, i.
10. The Agnish/ut is an Fkaha-sacritice. Regarding its efficacy, see Manu XI, 75.
ti. Manu XI, 46, 228; Apastamba I, 9, 26, 12 — I, 9. 27, n.
12, 'Those parts of the Ara«yakas which are not (Upanishads)
are called Vedantas. In all the Vedas (Mandas), i.e. in all «S"akhas
(prava^ana), the Sa7«hita-text, not the Pada-text, nor the Krama-
• text. Another commentator says, "One Sawhita is to be made
276 GAUTAMA. XIX, 13.
Aghamarshawa, the Atharva^iras, the (Anuvakas
called the) Rudras, the Purusha-hymn, the two
Samans (called) Rifana and Rauhi/zeya, the Brzhat
(Saman) and the Rathantara, the Purushagati (Sa-
man), the Mahanamnis, the Mahavaira^a (Saman),
the Mahadivakirtya (Saman), any of the ^yeshMa
Samans, the Bahishpavamana (Saman), the Kush-
mattdfos, the Pavamanis, and the Savitrl.
13. To live on milk alone, to eat vegetables only,
to eat fruits only, (to live on) barley-gruel prepared
of a handful of grain, to eat gold, to eat clarified
butter, and to drink Soma (are modes of living)
which purify.
14. All mountains, all rivers, holy lakes, places
of pilgrimage, the dwellings of ./foshis, cow-pens, and
temples of the gods (are) places (which destroy
sin).
with all the metres, i. e. the Gayatri and the rest, and to be recited according to the manner of the Prataranuvaka/" — Haradatta. According to the same authority, the Madhus are found Taittiriya Ara«yaka X, 38, the hymn of Aghamarshawa Rig-veda X, 190, the Rudras Taittiriya-sa/whita IV, 5, i-n, and in the correspoi ding eleven chapters of all other Ya^us-jakh4s, the Purushasukta Rig- veda X, 90, the KushmaWas Taittirfya Ara»yaka X, 3-5, the Pavamanis Rig-veda IX, while by Atharva-riras the Upanishad, known by that name, is meant. As regards the Samans mentioned in the Sutra it suffices to refer to Professor Benfey's Index, Ind. Stud. Ill, 199, and to Dr. Burnell's Index of the Arsheya-brahmawa.
