20. Fragments of food left by other persons than the teacher must not be eaten,
21. Nor remnants of one's own (meal) and food touched by leavings,
15. Manu V, 22-23. I connect vi^wayate with this Sutra, instead of with the preceding one, as Krtsnaapa*<fita does.
16. Vishmi LVII, 1 1 ; Manu IV, 248 ; Apastamba I, 6, 19, 14.
1 8. Vishmi LVII, 12 ; Manu IV, 249 ; Apastamba I, 6, 19, 14.
19. Apastamba I, 6, 19, 15. 20. Vishmi XXVIII, n.
72 VASISH77/A. XIV, 22.
22. Nor (food) defiled by contact with a garment, hair, or insects.
23. But at pleasure he may use (such food) after
taking out the hair and the insects, sprinkling it with
water, dropping ashes on it, and (after it has been
declared) fit for use by the word (of a Brahma#a).
24. With reference to this (subject) they quote
also some verses proclaimed by Pra^pati, ' The gods
created for Brahmawas three means of purifying
(defiled substances), viz. ignorance (of defilement),
sprinkling (them) with water, and commending (them)
by word of mouth.'
25. ' Let him not throw away that food which, at a
procession with images of the gods, at weddings, and
at sacrifices, is touched by crows or dogs/
26. ' After the (defiled) portion has been removed,
the remainder shall be purified, liquids by straining
them, but solid food by sprinkling it with water.'
2 7. ' What has been touched by the mouth of a cat is even pure.'
28. (Cooked food which has become) stale (by
being kept), what is naturally bad, what has been
placed once only in the dish, what has been cooked
more than once, raw (food), and (food) insufficiently
cooked (must not be eaten).
29. But at pleasure he may use (such food) after pouring over it sour milk or clarified butter.
22. Apastamba I, 5, 16, 28 ; Gautama XVII, 9.
23. Vishmi XXIII, 38; Ya^wavalkya I, 189.
24. Ya^navalkya I, 191.
26. Vishnu XXIII, 30. Kr*'sh«apa«<#ta thinks that pldvanena, 4 by straining them (through a cloth),' may also mean ' by heating them on the fire.'
28. Gautama XVII, 13, and note, 15-16.
29. Mar.u V, 24.
Xiv, 37- Lawful and Forbidden Food. 73
30. With reference to this (subject) they quote
also some verses proclaimed by Pra^pati, 'A Brah-
ma»a shall not eat clarified butter or oil which drips
from the nails (of the giver). Yama has declared
such (food to be) impure ; (to eat it is as sinful) as
to partake of cow's flesh.'
31. 'But fatty substances, salt, and condiments
proffered with the hand do not benefit the giver, and
he who partakes of them will eat sin/
32. ' Let him give, therefore, such substances
placed on a leaf or on grass, but never with his
hands or in an iron vessel.'
33. For eating garlic, onions, mushrooms, turnips,
vS'leshmantaka, exudations from trees, the red sap flow-
ing from incisions (in trees or plants), food pecked at by
crows or worried by dogs, or the leavings of a -Sudra,
an Atikrt&£/ira. (penance must be performed).
34. (Let him not drink) the milk of a cow that is in heat, nor of one whose calf has died,
35. Nor that which cows, buffalo-cows, and goats
give during the first ten days (after giving birth to
young ones),
36. Nor water collected at the bottom of a boat.
37. Let him avoid wheat-cakes, (fried) grain,
porridge, barley-meal, pulse -cakes, oil, rice boiled
in milk, and ^vegetables that have turned sour (by
standing),
33. Vishmi LI, 34, 36; Gautama XVII, 32-33. Regarding the Atikn'££^ra penance, see below, XXIV, i.
34. Vishmi LI, 40. For other explanations of the term san- dhinl, ' a cow that is in heat,' see Apastamba I, 5, 17, 23 ; Vishmi LI, 40.
35. Vishnu LI, 39. The Sutra implies that the milk of other animals must not be drunk under any circumstances.
37-38- Vishmi LI, 35, 42.
74 VASISHrJTA.. XIV, 38.
38. Likewise other kinds of (sour) food prepared with milk and barley-flour.
39. Among five-toed animals, the porcupine, the
hedgehog, the hare, the tortoise, and the iguana may
be eaten,
40. Among (domestic) animals those having teeth in one jaw only, excepting camels.
41. And among fishes, the long-nosed crocodile,
the Gavaya, the porpoise, the alligator, and the crab
(must not be eaten),
42. Nor those which are misshaped or have heads like snakes,
43. Nor the bos Gaurus, the Gayal, and the .Sarabha,
44. Nor those that have not been (specially men- tioned (as fit for food),
45. Nor milch-cows, draught-oxen, and animals whose milk teeth have not dropped out.
46. It is declared in the Va^asaneyaka, that (the flesh of) milch-cows and oxen is fit for offerings.
47. But regarding the rhinoceros and the wild boar they make conflicting statements.
48. And among birds, those who seek their food
by scratching with their feet, the web-footed ones,
the Kalavihka, the water-hen, the flamingo, the
39. Gautama XVII, 27. Haradatta on Apastamba and Gau-
tama explain jvSvidh, ' the porcupine/ to be a kind of boar, and
jalyaka, ' the hedgehog,' to be ' the porcupine.'
40. Vishnu LI, 30; Manu V, 18.
41-42. Gautama XVII, 36 ; Apastamba I, g, 17, 38-39. 43. Apastamba I, 5, 17, 29. 44. ManuV, 11,17.
45. Gautama XVII, 30-31. 46. Apastamba I, 5, 17, 31.
48. Gautama XVII, 34-35; Vishnu LI, 28-31. I read mdn-
dhala, ' the flying fox/ while Kr/'shrcapan^ita gives mSghara, a
XV, 6. ADOPTION.
Brahmawl duck, the Bhasa, the crow, the blue pigeon,
the osprey, the Aataka, the dove, the crane, the
black partridge, the grey heron, the vulture, the
falcon, the white egret, the ibis, the cormorant, the
peewit, the flying-fox, those flying about at night,
the woodpecker, the sparrow, the Railataka, the
green pigeon, the wagtail, the village-cock, the parrot,
the starling, the cuckoo, those feeding on flesh, and
those living about villages (must not be eaten).
CHAPTER XV.
1. Man formed of uterine blood and virile seed
proceeds from his mother and his father (as an effect)
from its cause,
2. (Therefore) the father and the mother have power to give, to sell, and to abandon their (son).
3. But let him not give or receive (in adoption) an only son ;
4. For he (must remain) to continue the line of the ancestors.
5. Let a woman . neither give nor receive a son except with her husband's permission.
6. He who desires to adopt a son, shall assemble
reading which he cannot explain. The MSS. read as follows: B. E. mdghdra, Bh. F. madhaw, L O. 913 (/i/Abh)andha (naktaw). Haradatta on Apastamba I, 5, 17, 33 explains plava, 'the water- hen,' to be a kind of heron, called also jaka/abila.
XV. 1-9. Vyavaharamayfikha IV, 5, 16; Colebrooke V, Digest CCLXXIII; Dattakamimawsa IV, 14; V, 31-40.
3. Colebrooke, Mitdkshard I, 1 1, 1 1 ; Dattakamimdflzsd IV, 2-3.
4. Dattakamimawsa IV, 4. I. e. to offer funeral sacrifices to his ancestors and to have sons who do it after him.
5. Dattakamimawzsd I, 15; IV, 9.
6. Colebrooke, Mitakshard I, n, 13, and note; Dattakamt-
76 VASISHrHA. XV, 7.
his kinsmen, announce his intention to the king, make
burnt-offerings in the middle of the house, reciting
the Vyahmis, and take (as a son) a not remote kins-
man, just the nearest among his relatives.
7. But if a doubt arises (with respect to an adopted
son who is) a remote kinsman, (the adopter) shall set
him apart like a .Sudra.
8. For it is declared in the Veda, ' Through one he saves many/
9. If, after an adoption has been made, a legiti-
mate son be born, (the adopted son) shall obtain a
fourth part,
10. Provided he be not engaged in (rites) pro- curing prosperity.
m&nsa II, 51 ; Dattaka&mdrild II, n. * To the king,' i.e. to the person who holds the village, either to the king of the country or to the feudal chief (Thakor) who holds it under the sovereign. ' Reciting the Vyahn'tis,' i. e. saying with the first oblation Qm svaha, with the second Om bhuva^ svaha, with the third Om svahi, and with the fourth Om bh., bh., sv. svdha; see Vyavaharamayukha IV, 5, 42. 'A not remote kinsman, just the nearest among his relatives/ i. e. a boy as nearly related as possible, in the first instance a SapiWa, on failure of such a one, a Sama- nodaka or a Sagotra.
7. DattakamimawzsEt II, 18 ; Dattaka£andrik& II, n. 'If a doubt arises,' i. e. if the adopter afterwards feels uncertain regarding the caste or other qualifications of his adopted son. ' Set him apart like a Sudra/ i. e. shall neither have him initiated nor employ him for any sacred rites.
8. Dattaka&mdrikd II, n.
9. Colebrooke, MitaksharS I, n, 24. DattakamlmS/TzsS X, i; Dattaka^andrika II, n ; V, 17. For the explanation of the term ' a fourth part,' see Colebrooke, Mitakshara" I, 77.
10. 'Rites procuring prosperity,' i. e. .Sraddhas, expiatory rites, &c. See also above, III, 71, and Gautama XI, 17. According to Krzsh»apa«<?ita the estate is in this case to be divided equally between the legitimate son and the adopted son. An entirely
XV, x8. EXCOMMUNICATION AND READMISSION. 77
11. He who divulges the Veda (to persons not
authorised to study it), he who sacrifices for Sudras,
(and all those) who have fallen from the rank of
the highest caste (shall be excommunicated by the
ceremony of) emptying the water-vessel
12. A slave or the son of a wife of a lower caste,
or a relative not belonging to the same caste, who
is destitute of good qualities, shall fetch a broken
pot from a heap of vessels unfit for use, place Kusa.
grass, the tops of which have been cut off, or Lohita
grass (on the ground), and empty the pot for the
(outcast, overturning it) with his left foot;
13. And the relatives of the (outcast), allowing
their hair to hang down, shall touch him who
empties (the pot)*
14. Turning (when they leave) their left hands towards (that spot), they may go home at pleasure.
15. Let them not afterwards admit the (excom- municated person) to sacred rites.
1 6. Those who admit him to sacred rites become his equals.
17. But outcasts who have performed (the pre- scribed) penance (may be) readmitted.
1 8. Now they quote also (the following verse) :
different explanation, 'Provided (the estate) may not have been expended in acts of merit/ is given Dattaka^andrika* V, 17-18. It is doubtlessly erroneous, for ' the estate ' is nowhere mentioned in the preceding Sutras. n. Gautama XX, i.
12. Gautama XX, 4. ' For the (outcast),' i. e. pronouncing his name, and saying, ' I deprive N. N. of water.'
13. Gautama XX, 5. Kr*'sh»apa«</ita takes the Sutra differently, but his explanation is refuted by the parallel passage of Gautama and Haradatta's commentary thereon.
14. Gautama XX, 7. 15. Gautama XX, 8-9.
78 VASISH7V7A. XV. ig.
' Let him walk before those who readmit him, like
one gamboling and laughing. Let him walk behind
those who excommunicate him, like one weeping
and sorrowing.'
19. Those who strike their teacher, their mother,
or their father may be readmitted in the following
manner, either after being pardoned by the (persons
offended) or after expiating their sin.
20. Having filled a golden or an earthen vessel
(with water taken) from a sacred lake or river, they
pour (the water) over him, (reciting the three verses)
' Ye waters are ' &c.
21. All the (other ceremonies to be performed on
the) readmission of one who has bathed (in this
manner) have been explained by (those ordained on)
the birth of a son.
CHAPTER XVI.
1. Now (follow the rules regarding) legal pro- ceedings.
2. Let the king (or) his minister transact the business on the bench.
3. When two (parties) have a dispute, let him not be partial to one of them.
20. Gautama XX, 10-14. I read ' puwyahraddt/ instead of
' pur«ahradaV as the MSS. and Kn"sh«apa«dita have. The passage
of the Veda referred to occurs Rig-veda X, 9, i.
21. I. e. the person readmitted shall receive all the various sacraments just like a new-born child.
XVI. 2. Vishmilll, 72-73. Kn'sh«apa»/ita gives a second expla* nation of the Sutra, which also appears admissible, ' Let the king transact the business on the bench, taking counsel (with learned Br&hmawas as assessors);' see Vishmi III, 72.
3. Translated as above the Sutra is nearly equivalent to Gautama
Xvi, 7- Legal Procedure. 79
4. Let him reason properly regarding an offence ; finally the offence (will become evident thereby).
5. He who properly reasons regarding an offence,
in accordance with the sum of the science of the
first two castes, is equitable towards all created
beings.
6. And let him protect what has been gained ;
7. (Likewise) the property of infants (of the) royal (race).
