41. (And) his domestic priest during three (days and) nights.
42. If an innocent man is punished, the domestic priest (shall perform) a l&rikkkm penance ;
43. (And) the king (shall fast) during three (days and) nights.
44. Now they quote also (the following verses):
1 The slayer of a learned Brahmawa casts his guilt
on him who eats his food ; an adulterous wife on
her (negligent) husband ; a student and a sacrificer
on an (ignorant) teacher (and officiating priest); and
a thief on the king (who pardons him).'
45. ' But men who have committed offences and
have received from kings the punishment (due to
them), go pure to heaven, and (become) as holy as
the virtuous.'
46. ' The guilt falls on the king who pardons an
38. This Sutra apparently alludes to a penitent thief who con- fesses his crime and asks for punishment; see below, XX, 41.
39. Manu IX, 270; Narada V, 29-33 (Jolly). As given in the MSS. and by Kr?sh«apa«^ta, the Sutra is doubtlessly corrupt. I read vra«asampanno vyapadish/aA.
44. Identical with Manu VIII, 317.
45. Identical with Manu VIII, 318.
io2 VASisrir/fA. xix, 47.
offender. If he causes him to be slain, he destroys sin in accordance with the sacred law.'
47. 'It is ordained that kings become at once
pure (by bathing) when they have done acts causing
death. They are likewise (pure while engaged in
business) not causing death. Time is the reason
for that.'
48. And with reference to this (matter) they
quote a verse proclaimed by Yama, ' No taint of
impurity, forsooth, falls on kings, on those engaged
in practising vows, or on those engaged in the per-
formance of sacrificial session (sattra) ; for (the first)
are seated on the throne of Indra, (and the others)
are always equal to Brahman.'
CHAPTER XX.
1. A penance (shall be performed) for an offence committed unintentionally.
2. Some (declare that it shall be performed) also for (a fault) committed intentionally.
3. ' The spiritual teacher corrects the learned ;
the king corrects the evil-minded ; but Yama, the
son of Vivasvat, forsooth, punishes those who offend
secretly.'
4. And among those (sinful persons), let him who
slept at sunrise stand during the (following) day and
recite the verse sacred to Savitn.
47. Vishwi XXII, 48 ; ManuV, 94.
48. Identical with Manu V, 93. ** ' Those engaged in practising vows' are, according to Kulluka and Krzsh«apa»<fita, students learning the Veda.
XX. 1-2. Manu XI, 45; YagTiavalkya III, 226.
4. ' Among those,' i. e. the sinful men (enasvina^) enumerated
above, 1, 18 ; VisHu LIV, u.
io. PENANCES.
5. Let him who slept at sunset remain in a sitting
posture during the (next) night, likewise (reciting
the Gayatri).
6. But let a man with deformed nails or black
teeth perform a Krikkhra. penance of twelve days'
duration.
7. He whose younger brother married first shall
perform a Krix/s/ira. penance during twelve days,
marry and take to himself even that (woman whom
his brother wedded).
8. Now he who has taken a wife before his elder
brother shall perform a KrM&foa. penance and an
Atikrfc&££ra penance, give (his wife) to that (elder
brother), marry again, and take (back) the same
(woman whom he wedded first).
9. The husband of a younger sister married
before her elder sister shall perform a Krikkhra.
penance during twelve days, marry and take to him
that (elder sister).
10. The husband of an elder sister married after
the younger one shall perform a Kri£&/ira penance
and an Atikrz£££ra penance, give (his wife) to that
(husband of the younger sister and marry again).
5-10. Manu XI, 201.
6. P.egarding the Krikkhra, penance, see below, XXI, 20.
7-8. VishwnLIV, 1 6. According to Krjsh«apa«r/ita both brothers shall perform penances. The elder brother shall marry after his penance is finished. The younger one shall offer his wife to the elder, in order to atone for the slur put upon the elder. The latter shall accept her for form's sake and return her to the younger brother, who must once more wed her. Regarding the Atikr^&fcra penance, see below, XXIV, 2.
io. Vishnu LI V, 1 6. Kr/sh«apa»<fita thinks that he should many another wife, but adds that others say that, after offering his wife to the husband of the younger sister and receiving his permission, he should wed her once more.
11. We shall declare below (the penance pre- scribed for) him who extinguishes the sacred fire.
12. He who has forgot the Veda (by neglecting
to recite it daily), shall perform a Y^rikkhrz. penance
of twelve days' duration, and again learn it from his
teacher.
13. He who violates a Guru's bed shall cut off
his organ, together with the testicles, take them
into his joined hands and walk tpwards the south ;
wherever he meets with an obstacle (to further pro-
gress), there he shall stand until he dies.
14. Or, having shaved all his hair and smeared
his body with clarified butter, he shall embrace the
heated (iron) image (of a woman). It is declared in
the Veda that he is purified after death.
15. The same (expiation is prescribed if the
offence was committed) with the wife of the teacher,
of a son, and of a pupil.
1 6. If he has had intercourse with a female (who
is considered) venerable in the family, with a female
friend, with the female friend of a Guru, with an
Apapatra female, or with an outcast, he shall per-
form a K>*£&ira penance during three months.
17. The same (penance must be performed) for
eating food given by a .ATa#dala or by an outcast.
Afterwards the initiation (must be performed) once
more; but the tonsure and the rest may be omitted.
ii. See below, XXI, 27. 12. Vishmi LIV, 13.
13. Gautama XXIII, 10. 14. Gautama XXIII, 9, ii.
15-16. Gautama XXIII, 12.
16. Krz'sh«apa;ftfita explains sakhim, 'a female friend,' by ' a woman -who has affection (for the offender), i. e. a sister and so forth/ Apapatras are low-caste people, whose vessels must not be used ; see Apastamba I, i, 3, 25, note.
Xx, 24. Penances. 1 05
1 8. And with reference to this (matter) they quote
a verse proclaimed by Manu, ' The tonsure, (the
tying on of) the sacred girdle, (the wearing of) a staff,
and the begging of alms, these acts may be omitted
on a second initiation.'
19. If (a Brahmawa) intentionally (drinks) other
spirituous liquor than that distilled from rice, or if
he unintentionally (drinks) spirituous liquor extracted
from rice (sura), he (must perform) a Kr£&&Ara. and
an Atik*7£££ra, and, after eating clarified butter, be
initiated again.
20. The same (expiation is prescribed) for swal- lowing ordure, urine, and semen.
21. If a Brahmawa drinks water which has stood
in a vessel used for (keeping) spirituous liquor, he
becomes pure by drinking, during three days, water
(mixed with a decoction) of lotus, Udumbara, Bilva,
and Pallia (leaves).
22. But a Brahmawa who repeatedly (and in-
tentionally partakes) of liquor extracted from rice,
shall drink (liquor of) the same (kind) boiling hot.
* He becomes pure after death.'
2 3. We will declare (who must be considered) the
slayer of a learned Brdhmawa (bhruwahan). He is
called Bhruwahan who kills a Brahma;*a or destroys
an embryo (the sex of) which is unknown.
24. ' For embryos (the sex of) which is unknown
18. Identical with Manu XI, 152, and Vishmi LI, 5.
19-20. Manu XI, 151 ; Vishnu LI, 2. Regarding the other of
liquors, see Manu XI, 95-96.
21. Manu XI, 148. 22. Gautama XXIII, i.
23. Gautama XXII, 1 3. It must be understood a real BrSh- mawa who knows the Veda is meant.
24. ' Therefore they offer burnt-oblations for the production of males/ i. e. they perform the Pu/asavana, one of the sacraments ;
io6 VAsisnr/fA. xx, 25.
become males ; therefore they offer burnt-oblations for the production of males.'
25. Let the slayer of a learned Brahmawa kindle
a fire and offer (therein the following eight oblations,
consisting of portions of his own body),
26. The first (saying), ' I offer my hair to Death,
I feed Death with my hair;' the second (saying),
' I offer my skin to Death, I feed Death with my
skin ;' the third (saying), ' I offer my blood to Death,
I feed Death with my blood;' the fourth (saying),
' I offer my flesh to Death, I feed Death with my
flesh ;' the fifth (saying), ' I offer my sinews to
Death, I feed Death with my sinews ;' the sixth
(saying), ' I offer my fat to Death, I feed Death with
my fat;' the seventh (saying), ' I offer my bones to
Death, I feed Death with my bones;' the eighth
(saying), ' I offer my marrow to Death, I feed Death
with my marrow.'
27. (Or) let him (fight) for the sake of the king,
or for the sake of Brahma«as, and let him die in
battle with his face turned (to the foe).
28. It is declared in the Veda, '(A murderer) who
remains thrice unvanquished or is thrice defeated
(in battle) becomes pure.'
29. 'A sin which is openly proclaimed becomes smaller.'
see e.g. A^valayana I, 13. The SiUra is marked as a quotation, and probably belongs to some Yedic work.
25. Apastamba I, 9, 25, 12. 27. Gautama XXII, 8.
28. Apastamba I, 9, 24, 21.
29. Taken by itself the Satra would seem to refer to the maxim that a free confession reduces the guilt of the offender (Manu XI, 228). But on account of the next Sana it is necessary to assume, with Kr/shwapaw/ita, that half the guilt of a crime, of which another man justly accuses an offender, fails on the accuser, while the
Xx, 36. Penances. Io7
30. To this (effect) they quote also (the following
verse): ' By saying to an outcast, "O thou outcast!"
or to a thief, "O thou thief!" a man incurs a guilt
as great as (that of the offender). (If he) falsely
(accuses anybody of" such offences), his guilt will be
twice as great.'
31. In like manner having slain a Kshatriya, he shall perform (a penance) during eight years,
32. For (killing) a Vaisya during six (years),
33. For (killing) a Sudra, during three (years),
34. For killing a female of the Brahmaaa caste
who is an Atreyl, and a Kshatriya or a Vawya,
engaged in a sacrifice (the same penance must be
performed as for killing a learned Brahmafta).
35. We will explain (the term) Atreyl. They
declare that she who has bathed after temporary
unclean ness is an Atreyl.
36. ' For if (the husband) approaches her at that (time), he will have offspring.'
offender's guilt becomes less by the publication of his misdeed. It is, however, not improbable that the text is here defective, and one or several Sutras have been left out.
30. Gautama XXI, 17-18.
31. Vishmi L, 12. The text is here evidently defective. The Sutra or Sutras left out must have contained the description of another penance for the murder of a Brahmana, which is mentioned in nearly all the Smrz'tis (see Vishnu L, 1-6, 15, and the parallel passages). Its chief conditions are, that the murderer is to live separate for twelve years, and to subsist on alms given by people who are acquainted with his crime. Without such an additional rule this and the following Sutras are utterly unintelligible.
32. Vishmi L, 13. 33. Vishwu L, 14. 34. Vishmi L, 7, 9.
36. The author means to say that the word Streyi is derived from atra, ' at that time,' and the verb i, ' to approach.' The ety- mology is worthy of the Nirukta.
I08 VASISHr/fA. XX, 37.
37. (For killing a female of the Brahmawa caste)
who is not an Atreyi, (the penance prescribed) for
the murder of a Kshatriya (must be performed),
38. (For killing) a female of the Kshatriya caste, (the penance prescribed) for the murder of a Vaisya,
39. (For killing) a female of the Vabya caste, (the penance prescribed) for the murder of a .Sudra.
40. (For killing) a female of the ^udra caste (let
him perform) during one year (the penance prescribed
for the murder of a Brahmawa).
41. If a man has stolen gold belonging to a
Brah'mawa, he shall run, with flying hair, to the
king, (exclaiming) 'Ho, I am a thief; sir, punish
me ! ' The king shall give him a weapon made of
Udumbara wood ; with that he shall kill himself.
It is declared in the Veda that he becomes pure
after death.
42. Or (such a thief) may shave off all his hair,
anoint his body with clarified butter, and cause
himself to be burnt from the feet upwards, in a fire
of dry cowdung. It is declared in the Veda that he
becomes pure after death.
43. Now they quote also (the following verses) :
' Hear, (how) the bodies of those who having com-
mitted various crimes died a long time ago, and
were (afterwards) born again, are (marked);'
