← The source library
Hindu / Dharmasastra · from the Internet Archive

The Sacred Laws of the Aryas (Bühler) — Apastamba, Gautama, Vasishtha & Baudhayana, page scans + full text

Preserved in the archive of the housea source of Sacred Laws of the Aryas, Part II (SBE Vol. 14)

25. Likewise he who knows this.

1 8. Sair.avidhana I, 2, 6.

19. Samavidhftna I, 2, 7 ; Manu XI, 214; Ya^avalkya III, 320.

20. Samavidhana I, 2, 8 ; Ya^navalkya III, 321. 21-23. Samavidhana I, 2, 9.

24-25. SamavidhSna I, 2, 10. Sarveshu vedeshu smUa/5, ' perfect

3OO GAUTAMA. XXVII, I.

CHAPTER XXVII.

1. Now, therefore, the Alandrayatfa (or lunar penance will be described).

2. The (general) rules prescribed for a KrM&t* (are applicable) to that

3. (The hair must be) shaved, in case it (is per- formed as) a penance.

4. He shall fast on the day preceding the full moon.

5. And (he shall offer) libations (of water), obla-
tions of clarified butter, consecrate the sacrificial
viands, and worship the moon, reciting these (rz/£as),
' Increase ' (Rig-veda I, 91, 17),' May milk be joined
with thee' (Rig-veda I, 91, 18, and) 'Ever new'
(Rig-veda X, 85, 19).

6. He shall offer (clarified butter), reciting the four (rz'^as beginning) ' Yad devcl devahe^anam/

7. And at the end (of the offering of clarified

in all the Vedas/ means, literally, equal to a student who has bathed after completing the study of all the four Vedas.

XXVII. 2. The rules meant particularly are those given XXVI, 6-u.

3. ' He calls penance vrata.' — Haradatta.

5. ' The four religious acts, the first of which is the offering of libations, are to be performed with the help of the three sacred texts, the first of which begins " Increase." As the number (of the acts and of the verses) does not agree, the fire-oblations and the libations of water must be performed severally, each with one text, and the consecration (of the offerings) and the worship (of the moon must be performed wiih all of them) together.' — Haradatta.

6. ' He shall offer — as nothing is specified — clarified butter, with the first four rik&s of the Anuvaka ' Yad devS devahe</anam/ Counting the three mentioned above (Sutra 5), altogether seven oblations of clarified butter must be made.' — Haradatta.

7. 'On completion of the oblations of clarified butter, he

Xxvii, Ii. Penances. 3oi

butter he shall offer) pieces of sacred fuel, reciting (the texts beginning) ' Devakmasya.'

8. Each mouthful of food must be consecrated
by the mental recitations (of one) of the following
(words) : Om, bhM, bhuva/fc, sva/i, austerity, truth,
fame, prosperity, vigour, refreshment, strength,
lustre, soul, law, .Siva.

9. Or (he may consecrate) all (of them at once, saying), Adoration svaha.

10. The size of a mouthful (shall be such) as not to cause a distortion of the mouth (in swallowing it).

11. The sacrificial viands are, boiled rice, food
obtained by begging, ground barley, grain separated
from the husk, barley-gruel, vegetables, milk, sour

shall offer pieces of sacred fuel, reciting the eight sacred texts, which begin " Devakr/tasya," and have been mentioned above (XXV, 10). The word "completion" (anta) is merely a con- firmation of something established, because (the place of the offering) is already fixed by the place of the rule. But others explain the word "ante" to mean "at the end of the .ffandra- ya«a." The word " and " does not agree with their (opinion).' — Haradatta.

8. Haradatta observes that on the days when the performer eats less than fifteen mouthfuls, the later mentioned texts must be left out, and that, while eating, the performer must employ the Prawahuti Mantras (Apastamba II, i, i, 2 note). He concludes by giving the following prayoga for the performance of the ceremony : ' He places all the food in his dish, and consecrates it by the texts " Increase," &c. Next he divides it into mouthfuls, and consecrates each successively with the word Cm and the rest, and eats them, reciting the texts for the Prawahutis.'

9. Haradatta states that either of the two words may be used in consecrating all the mouthfuls, but that others think, both should be used.

10. Ya^Tzavalkya III, 324.

11. The term 'sacrificial viands' denotes here, according to Haradatta, the food eaten by the performer, which, like that eaten by the performer of a Kr/#Mra, must be havishya, 'fit for an offering/

3O2 GAUTAMA. XXVII, 12.

milk, clarified butter, roots, fruits, and water ; (among
these) each succeeding one is preferable (to those
enumerated earlier).

12. He shall eat on the day of the full moon
fifteen mouthfuls, and during the dark half (of the
month) daily diminish his portion by one (mouthful).

13. He shall fast on the day of the new moon,
and during the bright half (of the month) daily-
increase (his portion) by one (mouthful).

14. According to some (the order shall be) in- verted.

15. That (is called) a month, occupied by the A'&ndrayawa penance.

1 6. He who has completed that, becomes free from sin and free from crime, and destroys all guilt.

17. He who has completed a second (month,
living according to that rule), sanctifies himself, ten
ancestors, and ten descendants, as well as (any)
company (to which he may be invited) ;

1 8. And he who has lived for a year (according
to that rule), dwells (after death) in the world of the
moon.

CHAPTER XXVIII.

i. After the father's death let the sons divide his estate,

see above, XXVI, 2. Haradatta adds that, as a Gr/hastha must not beg, the food obtained by begging must have been collected by his pupils, and that liquid food must be used for the expiation of the more serious offences.

12. Manu XI, 217-218; Ya^wavalkva III, 324-325.

14. I.e. the performer may begin with the fast on the day of the new moon.

1 8. Manu XI, 221 ; Ya^v&valkya III, 327.

XXVIII. i.*Colebrooke, Dayabhaga II, 4; Mitakshara I, a, 7;

Xxviii, 6. Inheritance. 303

2. Or, during his lifetime, when the mother is past child-bearing, if he desires it,

3. Or the whole (estate may go) to the first-born ; (and) he shall support (the rest) as a father.

4. But in partition there is an increase of spiritual merit

5. (The additional share) of the eldest (son con-
sists of) a twentieth part (of the estate), a male and
a female (of animals with one row of front teeth,
such as cows), a carriage yoked with animals that
have two rows of front teeth, (and) a bull.

6. (The additional share) of the middlemost (con-
sists of) the one-eyed, old, hornless, and tailless
animals, if there are several.

V, Digest 20; Mayukha IV, 4, 3. Haradatta remarks that, accord- ing to Gautama, the sons alone shall divide the estate, and that ihe mother is not to receive a share, as other teachers, e.g. Ya^wavalkya II. 123, prescribe. Apastamba II, 6, 13, 2 ; Manu IX, 104 ; Ya^«a- valkya II, 117.

2. Colebrooke and Mayukha loc. cit. ' Or the sons may divide the estate even during the lifetime of the father ; when he desires it, i.e. by his permission. The time for such a (division is) when the mother is past child-bearing/ — Haradatta. The correctness of this interpretation of our Sutra is corroborated by the exclusion of sons who have divided the family estate against the father's will (XV, 19) from the •Sraddha dinner. Apastamba II, 6, 14, i.

3. Colebrooke, Dayabhaga III, i, 15; Manu IX, 105.

4. Colebrooke, Ddyabhaga III, i, 14; V, Digest 47. After division each brother has to perform the Vai-rvadeva and the other domestic ceremonies separately, while in a united family they are performed by the eldest brother. Thus a division of the family estate causes an increase of spiritual merit ; see also Manu XI, 1 1 1.

5. Colebrooke, Dayabhaga II, 37; V, Digest 47; Manu IX, 112.

6. Colebrooke 11. cit. ' And that (additional share is given), if of the one-eyed and the rest there are several, i.e. if the others also get (some).'

304 GAUTAMA. XXVIII, 7.

7. (The additional share) of the youngest (con-
sists of) the sheep, grain, the iron (utensils), a house,
a cart yoked (with oxen), and one of each kind of
(other) animals.

8. All the remaining (property shall be divided) equally.

9. Or let the eldest have two shares,

10. And the rest one each.

n. Or let them each take one kind of property,
(selecting), according to seniority, what they desire,
1 2. Ten head of cattle.

13. (But) no (one brother shall) take (ten) one- hoofed beasts or (ten) slaves.

14. (If a man has several wives) the additional

7. Colebrooke 11. cit. 'Avi^ (a sheep), i.e. an animal having a fleece. The singular number (is used to denote) the species, (and the explanation is), " As many sheep as there are." For (the possession of) one would follow already from the phrase, "And one of each kind of animals." Another (commentator says), " Though the father may possess one sheep only, still it belongs to the youngest, and the phrase ' one of each kind of animals ' refers to the case when there are many." . . . This (additional share is that) belonging to the youngest. (If there are more than three sons) the others obtain the share of the middlemost.' — Haradatta,

8. Colebrooke 11. cit.

9. Colebrooke, Dayabhaga II, 37 ; V, Digest 51. My best copy P. leaves out this Sutra and the next. The others read dvyamsi va" purva^a^ (not purva^asya, as Professor Slenzler reads), and explain the former word as follows, 'dvavamau dvya.msa.rn tadasyastiti dvyamst' Manu IX, 117.

10. Colebrooke 11. cit. u. Colebrooke V, Digest 68.

12. Colebrooke loc. cit. The meaning appears to be that no brother is to select more than ten head of cattle.

13. Colebrooke V, Digest 69. ' But, as has been declared above (Sutra n), one of each kind only. In the case of the v. 1. dvipa- dan&m, the word pada (step) is used in the sense of the word pada (foot).' — Haradatta.

14. Colebrooke V, Digest 58 ; Manu IX, 123.

Xxviii, 21. Inheritance. 305

share of the eldest son is one bull (in case he be born of a later-married wife) ;

15. (But the eldest son) being born of the
first-married wife (shall have) fifteen cows and one
bull;

1 6. Or (let the eldest son) who is born of a later-
married wife (share the estate) equally with his
younger (brethren born of the first-married wife).

17. Or let the special shares (be adjusted) in each class (of sons) according to their mothers.

18. A father who has no (male) issue may appoint
his daughter (to raise up a son for him), presenting
burnt offerings to Agni (fire) and to Pra^apati (the
lord of creatures), and addressing (the bridegroom
with these words), ' For me be (thy male) offspring.'

19. Some declare, that (a daughter becomes) an
appointed daughter solely by the intention (of the
father).

20. Through fear of that (a man) should not marry a girl who has no brothers.

21. Sapiwdas (blood relations within six degrees),
Sagotras (relations bearing a common family name),
(or) those connected by descent from the same /vVshi

15. Colebrooke loc. cit.; Manu IX, 124.

1 6. Colebrooke loc. cit.

1 7. Colebrooke V, Digest 59. ' After having divided the estate into as many portions as there are wives who possess sons, and having united as many shares as there are sons (of each mother), let the eldest in each class (of uterine brothers) receive the additional share of one-twentieth and so forth.' — Haradatta.

18-19. Colebrooke V, Digest 225; Manu IX, 130-140.

20. Manu III, 1 1 ; Ya^wavalkya I, 53.

21. Colebrooke, Dayabhaga XI, 6, 25; MitaksharS II, I, 18; V, Digest 440. My copies as well as Gimutav&hana and Vlgnz- nejvara read in the text stri va, 'or the wife,' instead of stri £a,

GAUTAMA. XXVIII, 22.

(vaidika gotra), and the wife shall share (the estate)
of a person deceased without (male) issue (or an
appointed daughter).

22. Or (the widow) may seek to raise up offspring (to her deceased husband).

23. (A son) begotten on a (widow) whose hus-
band's brother lives, by another (relative), is ex-
cluded from inheritance.

24. A woman's separate property (goes) to her
unmarried daughters, and (on failure of such) to poor
(married daughters).

25. The sister's fee belongs to her uterine bro- thers, if her mother be dead.

26. Some (declare, that it belongs to them) even while the mother lives.

27. The heritage of not reunited (brothers) de-

' and the wife.' Still the latter seems to be the reading recog- nised by Haradatta, as he says, ' But the wife is joined together (sarnu^iyate) with all the Sagotras and the rest. When the Sago- tras and the rest inherit, then the wife shall inherit one share with them, &c. Apastamba II, 6, 14, 2 ; ManuIX, 187; Ya^avalkya

Hi *35-i36-

22. Colebrooke, Mitakshara II, i, 8, where this Sutra has, how- ever, been combined with the preceding. See also above, XVIII, 4-8; ManuIX, 145-146, 190.

23. Colebroqke V, Digest 341 ; Manu IX, 144.

24. Colebrooke, Dayabhaga IV, 2, 13; Mitakshara I, 3, n;
II, 2, 4 ; V, Digest 490 ; Mayukha IV, 8, 1 2. See also Manu IX,
192 ; Y%«avalkya II, 145.

Scanned original of The Sacred Laws of the Aryas (Bühler) — Apastamba, Gautama, Vasishtha & Baudhayana, page scans + full text
The original, as scanned — the Internet Archive