nartham in two ways: i. in expiation of his sin; 2. in order to remove the enmity of the relatives of the murdered man. He adds all these punishments are really penances (pr&yaj£ittas) to be imposed by the king. Apastamba has these Sutras in the section on penances.
2. Apastamba I, 9, 24, 2-4.
3. Apastamba I, 9, 24, 5 ; I, 9, 26, i.
5. VasishMa XX, 34, 37. 6. Apastamba I, 9. 35, 13.
7. VishwuVIII, 13-14.
I, 10, 19. Witnesses. 2o3
8. Of injustice (in decisions) one quarter falls on
the party in the cause, one quarter on his witnesses,
one quarter on all the judges, and one quarter on
the king.
But where he who deserves condemnation is con-
demned, the king is guiltless and the judges free
from blame ; the guilt falls on the offender (alone).
9. (Therefore) a wise man should ask an appointed witness in the following manner :
10. ' The merit which thou hast acquired in the
interval between the night in which thou wast born
and that in which thou wilt die, all that will go to
the king, if thou speakest an untruth.'
11. 'A witness who speaks falsely, slays three
fathers and three grandfathers and seven (descend-
ants), both the born and the unborn.'
12. 'By false testimony concerning gold he kills
three ancestors ; by false testimony regarding (small)
cattle he kills five ; by false testimony concerning
kine he kills ten/
1 He kills a hundred by false evidence regarding
horses, (and) a thousand by false evidence con-
cerning a man. A witness who speaks falsely,
destroys the whole (world) by false evidence con-
cerning land.'
8. Manu VIII, 18-19.
9. I read, with the Telugu copy of the commentary, sakshiwaw tvevam uddish/am. All the MSS. of the text and C. I. read sak- shi»aw daivam uddish/am. Govinda's explanation, adhuna" nir- dish/an s£kshi«a evam pnfttted iti padanvaya^, ' the construction of the words is, "let him now ask the appointed witnesses in the following manner," ' agrees with the reading adopted.
10. VasishMa XVI, 32-33.
11. ' Three fathers and three grandfathers,' i.e. seven ancestors.
12. Vasish/fa XVI, 34. Regarding the explanation of the
2O4 BAUDHAVANA. I, 10, 19.
13. (Men of) the four castes (varwa) who have
sons may be witnesses excepting .Srotriyas, the king,
ascetics, and those who are destitute of human
(intellect).
14. If (the witness rightly) recollects (the facts of)
the case (he will receive) commendation from the
most eminent men.
15. In the contrary case (he will) fall into hell.
1 6. Let him (who has given false evidence), drink
hot milk during twelve (days and) nights or offer
burnt oblations (reciting) the Kushma^/a (texts).
words 'he kills,' see ManuVIII, 97, and Haradatta on Gautama XIII, 14.
13. Vasish/Aa XVI, 28-30. The text has ra^anya, 'members of the royal family.' feut the parallel passages of other Dharma- sutras, e. g. Vishwu VIII, 2, make it probable that the king is meant.
14. Apastamba II, n, 29, 10. Govinda takes the Sutra dif- ferently. His commentary runs as follows : sakshidvaye sati rftgna. tatpurushalr £a kiaa kartavyam ity ata aha 11 smn'tau pradhanataA pratipattiA II pradhdnyatas taponirdish/avidyddibhi^ t tadva^anat pra- tipattir nij^ayaA kSrya ityadhyahara^ kSrya^ II 'What shall the king and his officers do, if there are two witnesses ? In order to answer this question he says : " On recollection, according to pre- eminence, reliance." According to pre-eminence,, i. e. on account of austerities, (being) appointed (as a witness), learning and the like ; in accordance with the evidence of such person's conviction, L e. the decision must be made. The latter word has to be under- stood.' Govinda then goes on to quote Manu VIII, 73.
15. Apastamba II, 1 1, 29, 9. Govinda and M. read kartr/patyam for kartapatyam, the reading of the Dekhan and Gujarat MSS. The explanation of the former term is said to be doshaA, ' sin.' Regarding the ancient word kartapatya, which Govinda and the writer of M. have not understood, see Haradatta on Apastamba I, 2, 5, j.
1 6. In accordance with his explanation of Sdtra 14, Govinda thinks that this penance is to be performed by the king and the judges in case they fail to weigh the evidence properly. But
I, Ii, 20. Marriage. 205
PRASNA I, ADHYAYA 11, KAMDIKA 20.
1. (There are) eight marriage-rites.
2. If (the father) gives (his daughter) to a student
(who has not broken his vow of chastity and) who
asks for her, after fully enquiring into his learn-
ing and character, that (is) the rite of Brahman
(brahma).
3. If (the father gives his daughter away) after
clothing her and decking her with ornaments, (say-
ing) ' That (is thy wife), fulfil the law (with her),'
that (is) the rite of Pra^pati (pr%ipatya).
4. If (the bridegroom) after offering the first burnt
oblation of parched grain (receives the maiden)
for a bull and a cow, that is the rite of the /fo'shis
(arsha).
5. If (a maiden is given) to an officiating priest
within the sacrificial enclosure, while the presents
are being taken away, that (is) the rite of the gods
(daiva).
according to ManuVIII, 106, Vishmi VIII, 16, the oblations with the Kushma»</as (Taitt. Ar. X, 3-5) are to be offered for uttering in evidence a venial falsehood. That is, no doubt, here, too, the real meaning.
20. t. Vishmi XXIV, 17.
2. Vasish/^a I, 30. The word brahmaMrin has, no doubt, as Govinda too contends, been used in the double sense of ' a student of the Veda ' and ' chaste.'
3. Vish/m XXIV, 22.
4. Vasish//fca I, 32. ' After the first of the burnt oblations of parched grain, which are prescribed for weddings, has been offered, the bridegroom shall give to him who has power over the maiden a bull and a cow, and receive them back together with the (bride).' — Govinda.
5. VasishMa I, 31. According to this rule the damsel is given
2O6 BAUDHAYANA. I, n, 20.
6. The union of a lover with a loving damsel (is called) the rite of the Gandharvas (gdndharva).
7. (If the bridegroom receives the maiden) after
gladdening (the parents) by money, (that is) the rite
of the Asuras (asura).
8. (If the maiden is wedded) after being forcibly
abducted, (that is) the rite of the Rakshasas
(rikshasa).
9. If one has intercourse with (a maiden) who is
sleeping, intoxicated, or out of her senses (with fear
or passion and weds her afterwards, that is) the rite
of the Pisa>£as (palra^a).
10. Among these (eight rites) the four first (named)
are (lawful) for a Brahma#a. Among these also each
earlier named is preferable.
II- Among the (four) later (named rites) each
succeeding one is more sinful (than the preceding
ones).
12. Among these the sixth and the seventh agree
with the law of the Kshatriyas. For power is their
attribute.
as part of the sacrificial fee (dakshi«S) to one of the priests after a sacrifice has been completed. Govinda adds that the recipient has to accept the gift with the six mantras, 'pra.g'Spati stiiy&m yara^,' Taitt. Brahma«a II, 4, 6, 5. In his commentary on the passage Saya»a makes the same statement. Govinda adds that in this case as well as in those mentioned in the following Sutras the regular marriage ceremony must be performed later.
6. Vasish//5a I, 33. 7. VasishMa I, 35.
8. Vasish/fta I, 34. 9. Vishmi XXIV, 26.
10. Vishmi XXIV, 27.
12. Vishmi XXIV, 28; Vasish/Aa I, 29, 34. The meaning of the last clause is that as, according to 1, 10, 18, 3, Brahman placed power in the Kshatriyas, they may adopt marriage rites by which a disregard of conventionalities or strength is displayed.
Marriage. 2o/
13. The fifth and the eighth (are lawful) for Vaityas and »Sudras.
14. For Vaisyas and .Sudras are not particular about their wives,
1 5. Because they are allowed (to subsist by such low occupations as) husbandry and service.
1 6. Some recommend the Gandharva rite for all (castes), because it is based on (mutual) affection.
PRASNA I, ADHYAYA 11, KAJVDIKA 21.
1. The Veda declares, ' The quality of the offspring depends on the quality of the marriage rite.'
2. Now they quote also (the following verses) :
1 It is declared that a female who has been pur-
chased for money is not a wife. She cannot (assist)
at sacrifices offered to the gods or the manes.
K&yapa has stated that she is a slave.'
13. 'I.e. the fifth for Vairyas and the eighth for .Sudras.' — Govinda.
14. 'Those whose spouse, i.e. wife, is not restrained, i.e. not fixed by rule, are called not particular about their wives. The meaning is that there is oneness (dSreshvaikyam) with respect to wives, that fixed rules regarding them there are none {niyamas tesha/w na bhavati).' — Govinda.
15. '"Husbandry" includes also trade and the like. Because those two (castes) are permitted to pursue low occupations, there- fore their marriage rites are of the same description. That is what the author intends to say.' — Govinda.
21. i. Apastamba II, 5, 12, 4.
2. Vasish/Aa I, 36-38. Govinda inserts after the words 'Now they quote also/ two Sutras in prose : i . ' Ten virtuous sons and daughters (spring) from a Daiva marriage, ten from a Pra^apatya marriage. It is declared in the Veda that the son of a wife wedded according to the Brahma rite (sanctifies) ten ancestors, ten de- scendants, and oneself.' 2. ' The power of learning the Veda also
2O8 BAUDIlAYANA. T, u, 21.
3. ' Those wicked men who, seduced by greed,
give away a daughter for a fee, who (thus) sell
themselves and commit a great crime, fall (after
death) into a dreadful place of punishment and
destroy their family down to the seventh (genera-
tion). Moreover they will repeatedly die and be
born again. All (this) is declared (to happen), if
a fee (is taken).'
4. On the day of the full moon, on the eighth day
(of each half month), on the day of the new moon,
on the appearance of a meteor, on the occasion of
an earthquake, on visiting a burial-ground, and on
the death of the king of the country, of a 6rotriya
or of one who has the same Guru (satlrthya), the
study of the Veda must be discontinued for a day
and a night.
5. (The study of the Veda must be interrupted)
while (a strong) wind (blows), a foul smell (is per-
ceptible), or hoar-frost (lies on the ground), when
dancing (is going on), and while the sounds of
singing, musical instruments, weeping, or of the
Saman (melodies are audible).
6. When thunder, lightning, and rain come toge-
ther, (the interruption shall last) three days except
in the rainy season.
belongs to such sons.' None of my MSS. of the text has these words, and they are suspicious, because the phrase ' Now they quote also' usually precedes verses only. The Dekhan and Gujarat MSS., except K., omit these and the next Sutra too.
4. Vasish/Aa XIII, 22, 32-35; Vishmi XXX, 23. Govinda ex- plains agnyutpdta, * on the appearance of meteor/ by ' if a fire breaks out in the village.'
5. Vasish/>4a XIII, 17, 30; Vishmi XXX, 7, 13 ; Apastamba I,
•3»"»3*J !> 3.i«>» 11-
6. Gautama XVI, 41.
I, II, 21. VEDA-STUDY.
7. In the rainy season, too, (the reading must be
interrupted) until the same hour of the (next) day
or night, (if thunder and lightning come together),
not on account of rain.
8. If (he has) received anything or dined on the
occasion of a sacrifice in honour of the manes, (he
shall not read) during the remainder of the day,
9. (Nor) after meals until (the food) has been digested.
10. For the hand of a Brahmawa is his mouth, n. Now they quote also (the following verse):
1 According to the revealed texts there is no differ-
ence whether one has eaten or received (a present
at a 6raddha).'
12. (A student shall discontinue the study of the Veda) during three days in case his father has died.
13. 'Of two kinds, forsooth, is the virile energy
of a famous Brahmawa who is learned in the Vedas,
(that which resides) above the navel and the other
(that resides) below the navel. Through that which
7. Govinda takes ahoratraycxr £a tatkalam to mean until the end of the day or night.
8. VasishMa XIII, 15. Govinda adds that the recitation must be stopped as soon as the invitation to a .Sraddha is received.
9. Vasish/Aa XIII, 31.
10. Vasish//5a XIII, 16. The word 'for' used in this Sutra gives the reason for the rule in Sutra 8.
