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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)

37-40. Gautama XXII, 17.

41. Vishnu LII, 1-2. Kr*sh»apa«<fita remarks that -Sulapawi explains audumbaram, ' made of Udumbara wood/ by ' made of copper,' and that the weapon intended is a club. The last remark is probably true, as the parallel passages of the other Smri'tis state that the thief is to take a club to the king, with which he is to be struck.

42. Apastamba I, 9, 25, 6.

Xxi, I. Penances. Io9

44. ' A thief will have deformed nails, the mur-
derer of a Brali ma#a will be afflicted with white
leprosy, but he who has drunk spirituous liquor will
have black teeth, and the violator of his Guru's bed
will suffer from skin diseases.'

45. Property received from outcasts, after forming
alliances with them either by (teaching) the Veda
(and by sacrificing) or by marriage, must be relin-
quished. Let him not associate with such (men).

46. It is declared in the Veda that (he who has
associated with outcasts) becomes pure by reciting
the Sawhita (of his Veda), proceeding in a northerly
direction and fasting.

47. They quote also (a verse) to this (effect), 'A
sinner is liberated from guilt by tormenting his body,
by austerities, and by reciting the Veda ; he becomes
also free by bestowing gifts. That has been declared
in the Veda.'

CHAPTER XXI.

i. If a -Stidra approaches a female of the Brah-
ma«a caste, (the king) shall cause the ^Sudra to be
tied up in Virata grass and shall throw him into a
fire. He shall cause the head of the Brahmawf to be
shaved, and her body to be anointed with butter;
placing her naked on a black donkey, he shall cause
her to be conducted along the highroad. It is de-
clared that she becomes pure (thereby).

44. Manu XI, 49; Vish«u XLV, 4, 5, 6.

45. Vishmi LIV, 28. 46- Manu XI, 194.

XXI. 1-5. Gautama XXIII, 15. Kr/sh»apa»fita reads, instead of prasyet, ' he shall throw,' pr&yet, and explains it by dahayet, ' he shall cause to be burnt.' It must be understood that these

IIO VASISHrtfA. XXI, 2.

2. If a Vabya approaches a female of the Brah-
niawa caste, (the king) shall cause the Vawya to be
tied up in Lohita grass and shall throw him into a
fire. He shall cause the head of the Brahmawi to be
shaved, and her body to be anointed with butter ;
placing her naked on a yellowish donkey, he shall
cause her to be conducted along the highroad. It
is declared in the Veda that she becomes pure
(thereby).

3. If a Kshatriya approaches a female of the
Brahmawa caste, (the king) shall cause the Ksha-
triya to be tied up in leaves of .Sara grass and shall
throw him into a fire. He shall cause the head of
the Brahmawl to be shaved, and her body to be
anointed with butter ; placing her naked on a white
donkey, he shall cause her to be conducted along
the highroad. It is declared in the Veda that she
becomes pure (thereby).

4. A VaLsya who offends) with a female of the Ksha- triya class (shall be treated) in the same manner,

5. And a .Sudra (who offends) with females of the Kshatriya or Vaisya castes.

6. If (a wife) has been mentally unfaithful to
her husband, she shall live on barley or rice boiled
in milk during three days, and sleep on the bare
ground. After the three days (have expired), the
(husband) shall offer eight hundred burnt-oblations,
(reciting) the Sdvitrl (and the Mantra called) 61ras,
while she is immersed in water. It is declared in
the Veda that she becomes pure (thereby).

extreme punishments are to be inflicted in particularly bad cases only.

6. ' Afterwards in order to purify her who is immersed in water, i. e. has plunged into water, he shall offer eight hundred, i. e. (such)

XXI, 10. PENANCES.

7. If (a wife) has held an (improper) conversation
(with another man), she must perform the same
penance during a month. After (the expiration of)
the month, (the husband) shall offer four times eight
hundred burnt-oblations, (reciting) the Savitrl (and
the Mantra called) Siras, while she is immersed in
water. It is declared in the Veda that she becomes
pure (thereby).

8. But if (a wife) has actually committed adultery,
she shall wear during a year a garment smeared
with clarified butter, and sleep on a mat of Kara
grass, or in a pit filled with cowdung. After (the ex-
piration of) the year, (the husband) shall offer eight
hundred burnt-oblations, (reciting) the Savitrl (and
the Mantra called) 6'iras, while she is immersed in
water. It is declared in the Veda that she becomes
pure (thereby).

9. But if she commits adultery with a Guru, she
is forbidden (to assist her husband) in (the fulfil-
ment of) his sacred duties.

10. But (these) four (wives) must be abandoned,
(viz.) one who yields herself to (her husband's) pupil
or to (his) Guru, and especially one who attempts

a number of burnt-oblations with the -Slras, i. e. (the words) " Om, ye waters, who are splendour, juice, and ambrosia," &c., which are joined to the Gayatri.' — Kr*'sh«apa#</ita. The Siras, or 'head/ is again mentioned below, XXV, 13; see also Vishmi LV, 9. This and the following two rules refer to offences committed with males of equal caste.

9. Ya^wavalkya I, 70. Colebrooke IV, Dig. LXXVT, where a different reading, vyavayatirthagamanadharmebhyaA, has been adopted, and the Sutra has been combined with the next The first clause may also be translated, ' If she actually commits adul- tery, (and especially) if she converses with a Guru.'

10. Colebrooke loc. tit; Manu IX, 80; Ya^lavalkya 1, 72.

112 VASISHr/TA. XXI, ir.

the life of her lord, or who commits adultery with a man of a degraded caste.

11. That woman of the Brahmawa caste who
drinks spirituous liquor, the gods will not admit
(after death) to the same abode with her husband ;
losing all spiritual merit she wanders about in this
world and is born again as a leech or a pearl-oyster.

12. The wives of Brahmawas, Kshatriyas, and
Vaisyas who commit adultery with a 5*udra may be
purified by a penance in case no child is born (from
their adulterous intercourse), not otherwise.

1 3. (Those who have committed adultery) with a
man of lower caste shall perform a KrMAra, penance,
succeeded by one, two, or three A'andrayawas.

14. Faithful wives who are constantly pure and
truthful (reside after death) in the same abodes with
their husbands ; those who are unfaithful are born as
jackals.

15. Half the body of the husband falls if his wife

n. Colebrooke IV, Dig. CXIII, where jukart, 'a sow,' is read instead of juktika, ' a pearl-oyster/

13. ManuXI, 178. Krzsh»apa7MTita states correctly that £an- draya«ottaram, 'succeeded by one, two, or three A!andraya«as/ may also' mean ' following one, two, or three -ffandrayawas,' and that the number of AandrSyanas to be performed depends mi the caste of the person with whom the adultery was committed. Thus a Brahma«f must perform one KrikkAra. and one A'andraya^a for adultery with a Kshatriya, one KrzHAra and two JSTandriyawas for adultery with a Vaijya, and one Kr;£££ra and three Aandriyawas for adultery with a Sudra. His view that the rule refers to wives who commit the sin without intent or against their will, is open to doubt. It is probably an alternative, to be adopted in lighter cases, for the public punishment prescribed above, XXI, 1-3. Regarding the ^andrSyawa, see below, XXIV, 44.

14. Colebrooke IV, Dig. CVIII ; ManuV, 164-165.

15. Manu IX, 80; Ya^rcavalkya I, 73.

Xxi, 23. Penances. 1 1 3

drinks spirituous liquor. No purification is pre- scribed for the half which has fallen.

1 6. If a Bralimawa unintentionally commits adul-
tery with the wife of a Brahmawa, (he shall perform)
a Krz££/ira. penance in case (the husband) fulfils the
religious duties (of his caste), and an Atikrz/£/^ra
penance in case (the husband) does not fulfil his
religious duties.

17. The same .(penances are prescribed) for
Kshatriyas and Vaisyas (for adultery with women
of their respective castes).

1 8. If he kills a cow, let him perform, during six
months, a Y^rikkhrz. or a Taptakrz/£/£/&ra, dressed in
the raw hide of that (cow).

1 9. The rule for these two (penances is as follows) :

20. ' During three days he eats in the day-time
(only), and during the (next) three days at night
(only), he subsists during (another) period of three
days on food offered without asking, and (finally) he
fasts during three days/ That is a Y^rikkhrz. penance.

21. ' Let him drink hot water during three days ;
let him drink hot milk during the (next) three days ;
after drinking during (another) period of three days
hot clarified butter, he shall subsist on air during
the (last) three days.' That is a Taptakr/^ra
penance.

22. And he shall give (to a Brahmawa) a bull and a cow.

' Through killing a spotted deer, a he-goat, and

1 6. Vishmi LIII, 2.

18. Vishmi L, 16-24; Gautama XXII, 18.

20. Vishwu XLVI, 10. 21. Vishmi XLVI, n.

23. The above translation follows the commentary of.K/Ysh»a-

114 VASISH7*HA. XXI, 24.

a bird three maladies (befal men), viz. jealousy,
hunger, and old age; (therefore) let him (who is
guilty of such an offence) perform (a penance) during
ninety-eight (days).'

24. Having slain a dog, a cat, an ichneumon,
a snake, a frog, or a rat, let him perform a Kri&£faa.
penance of twelve days' duration, and give something
(to a Brahma^a).

25. But having slain a quantity of boneless ani-
mals, equal to the weight of a cow, let him perform
a Y^rikkhra. penance of twelve days' duration, and
give something (to a Brahma^a).

26. But (the same penance must be performed) for each single (slain animal) that possesses bones.

27. He who extinguishes the (sacred) fires shall
perform a KrMJkra. penance of twelve days, and
cause them to be kindled again (by priests engaged
for the occasion).

28. He who falsely accuses a Guru shall bathe,
dressed in his clothes, and ask his Guru's pardon.
It is declared in the Veda that he becomes pure by
the Guru's forgiving him.

29. An atheist shall perform a "Krikkhra. penance of twelve days' duration, and give up his infidelity.

pa»<fita, who further states that the penance to be performed shall consist of a diet of barley gruel. I feel by no means certain that his interpretation, especially that of the last clause, is correct. Possibly ash/anavatim aharet may mean 'he shall offer ninety-eight oblations.'

24. Vishnu L, 30, 31.

25. Gautama XXII, 21. 'Something' means eight handfuls of grain. 26. Gautama XXII, 22.

27. ViStom LIV, 13 ; Gautama XXII, 34.

28. Vishnu LIV, 14; Y%navalkya III, 283. 29-30. Vishwi LIV, 15.

XXII, i. PENANCES. 115

30. But he who receives subsistence from infidels
(shall perform) an Atik??£/fc£ra penance (and not
repeat his offence).

31. (The rule applicable to) a seller of Soma has been explained hereby.

32. A hermit, on violating the rules of his order,
shall perform a KrMfaa. penance of twelve days'
duration, and continue (the observances obligatory
on him) in a great forest.

33. Ascetics, (offending in the same manner) as
hermits, shall perform for a protracted period (the
vow of regulating the quantity of their food according
to) the growth of the moon, and shall again be
initiated, in accordance with (the rules of) the Insti-
tutes applicable to them.

CHAPTER XXII.

i. Now, indeed, man (in) this (world) speaks an
untruth, or sacrifices for men unworthy to offer a
sacrifice, or accepts what ought not to be accepted,
or eats forbidden food, or practises what ought not
to be practised.

31. Vishwu LIV, 17.

33. The penance prescribed appears to be similar to the K&a- draya«a. The offender must eat one mouthful on the first lunar day, two on the second, and so forth. But it is not clear for how long a period the rule is to be observed. The Sutra is interesting as it furnishes corroborative evidence for Pimm's statement (IV, 3, no) that Bhikshu-sutras which contained the rules applicable to Bhikshus formerly existed.

XXII. i. As this chapter is almost identical with and probably copied from Baudhayana III, 10, and Gautama XIX, the division of the Sutras has not been made in accordance with Kr/sh*a- paw^ita's commentary, but agrees with that of the chapter in Gautama's Dharnmastra. The notes to the translation of the

Il6 VASISHTFA. XXII, 2.

2. They are in doubt if he shall perform a penance for such (a deed), or if he shall not do it.

3. (Some) declare that he shall not do it,

4. Because the deed does not perish.

5. (The correct view is, that) he shall perform
(a penance), because it is enjoined in the revealed
texts,

6. 'He who offers a horse-sacrifice conquers all
sin, he destroys the guilt of the murder of a
Brdhmawa.'

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