PRASNA II, ADHYAYA 1, KAJV.DIKA 2.
1. Now (follow the offences) causing loss of caste (pataniya),
2. (Viz.) making voyages by sea,
38. The Mantras are found, Taittiriya Sawhiti III, 2, 5, 4.
39. VasishMa XX, 7-8. The MSS. read parivittiA parivetta yaj /fcaina/tt [nam] parivindati. But it is absolutely necessary to adopt either the various reading given Manu 111,172, yay«i £a parividyate, or to read ya ^ainaw parivindati.
40. The MSS. all read at the end of the verse, tristriratre«a or dvistriratrewa. The correct reading appears, however, to be strf triratrewa ; for Govinda says, yaya saha parivetta bhutas [bhuttasya C. I., bhutassastri C. T.] tasyas triratrewopavasena JuddhiA, ' the purification of that female with whom he has become a parivettr*' takes place through three days, i. e. through fasting (three days).'
2. i. Apastamba I, 7, 21, 7-11.
2. Govinda explains samudrasawydnam, 'making voyages by sea,' by 'voyaging by means of ships to another continent (dvipa).'
5 1 8 BAUDHAYANA. II, I, 2.
3. Stealing the property of a Brahma#a or a deposit,
4. Giving false evidence regarding land,
5. Trading with merchandise of any description (whether forbidden or not),
6. Serving .Sudras,
7. Begetting a son on a female of the 6"udra caste,
8. And becoming thereby her son.
9. (For those who have) committed one of these (offences the following penance is prescribed) :
10. ' They shall eat every fourth meal-time a little
food, bathe at the time of the three libations (morn-
ing, noon, and evening), passing (the day) standing
and (the night) sitting. After the lapse of three
years they throw off their guilt.'
11. 'A Brahmawa removes the sin which he com-
mitted by serving the black race during one day and
one night, if he bathes during three years at every
fourth meal-time.'
7. The MSS. from Gujarat and the Dekhan read instead of this and the next Sutras, yajfo jfidrSyam abhipra^Syate tadapatyawz £a bhavati, ' and he who begets (offspring) on a .Sudra female, and thereby becomes her son.'
8. Govinda explains the Sfitra as a prohibition against allowing oneself to be adopted by a «S"udra (sudraputrabhava/* I tavaham putro 'smity upagivanam).
9. The Dekhan and Gu^arSt MSS. again have a different
reading, tesha"»z tu nisvesha^, ' but the atonement of these offences
(is as follows).'
10. Apastamba I, 9, 25, 10. All the MSS. read in the last pada ' tribhir varshais tad apahanti papatn.' The correct reading is that given by Apastamba loc. cit, ' tribhir varshair apa papaw nudante.'
11. Apastamba I, 9, 27, n. Govinda explains the Sfitra as referring to cohabitation with a female of the 'black race.' By the latter term he understands a K&ndSXi, adding that others believe
Ii, 1,2. Penances. 219
12. Now (follow) the minor offences, entailing loss of caste (upapataka),
1 3. (Viz.) intercourse with females who must not
be approached (agamya, e. g.) cohabitation with the
female friend of a female Guru, with the female
friend of a male Guru, with an Apapatra woman, and
a female outcast, following the profession of medi-
cine, sacrificing for many, living by (performances
on) the stage, following the profession of a teacher
of dancing, singing and acting, tending cows and
buffalos, and similar (low occupations, as well as)
fornication.
14. The expiation (prescribed) for these (offences is) to live as an outcast during two years.
a /Sttdra female to be intended. It is, however, more probable that Baudh&yana took the verse to forbid twice-born men to serve Sudras*
12. Apastamba I, 7, 21, 9.
13. Gautama XXI, n. In explanation of the term agamyS, ' a female who must not be approached,' Govinda quotes Nirada XII, 73-74, and he takes the four classes of females, who are specially mentioned, not as examples illustrating the term agamyt, but as not included in and additional to the latter. Physicians and the other professional men enumerated are usually not mentioned among the upapitakins, but occur in the lists of those whose gifts must not be accepted, and of those who defile the company at a funeral dinner, e.g. VasishMa III, 3; XIV, 2, 3, n. The ex- pression 'sacrificing for many' (grajnaya^anam) appears to be a description of the so-called Ya^amana Vr/tti, by which the modern Bha/A^is, or priests who officiate for hire, subsist. In explanation of the term naVysUdryatd, ' following the profession of teaching dancing, music, and acting,' Govinda says that ' instruc- tion in the works of Bharata, Vuakhila, and others' is intended. Baudhayaha no doubt intends to forbid the instruction of profes- sional dancers and actors in actual works on their art, such as the na7ya-sutras mentioned by Pdmni.
14. t To live as an outcast, i.e. to subsist by begging.'— Govinda.
22O BAUDHAYANA. II, I, 2.
15. Now (follow the offences) which make men impure (am/fcikara),
16. (Viz,) gambling, performing incantations, sub-
sisting by gleaning corn though one does not per-
form an Agnihotra, subsisting by alms after one has
finished one's studentship, living, after that has been
finished, longer than four months in the house of
one's teacher, and teaching such a (person who has
finished his studentship), gaining one's livelihood by
astrology and so forth.
1 7. But the expiation of these (offences is to per-
form penances) during twelve months, during twelve
fortnights, during twelve times ten days, during
twelve se'nnights, during twelve times three days,
during twelve days, during six days, during three
days, during a day and a night, during one day, in
proportion to the offence committed.
1 8. Now outcasts shall live together and (toge-
ther) fulfil their duties, sacrificing for each other, teach-
ing each other, and marrying amongst each other. If
they have begot sons, they shall say to them, ' Depart
from among us ; thus you will again reach the Aryas.'
19. For the organs do not become impure toge- ther with the man.
20. (The truth of) that may be learned from this
(parallel case); a man deficient in limbs begets a son
who has the full number of limbs.
21. Harita declares that this is wrong.
22. For wives may be (considered) similar to the
15. Apastamba I, 7, 21, 12^19 ; 1, 10, 29, 15.
16. Govinda is probably right in asserting that the word £a, ' and (so forth),' is intended to include other not-named offences.
17. Apastamba 1, 10, 29, 17-18. 18-23. Apastamba 1, 10, 29, 8-14.
11,1,2. Penances. 221
vessel which contains the curds (for the sacrifice).
If one makes impure milk curdle in a milk-vessel
and stirs it, the •Slsh/as do not use the (curds thus
produced) for sacred rites.
23. .In like manner no intercourse can be held
with that (offspring) which is produced from impure
seed.
24. If they desire it, (they may perform) a penance,
25. (Viz. in the case of males) the third part (of
the penance prescribed) for crimes causing loss of
caste (patanlya) ; for females the third part (of that).
26. Now they quote also (the following verse):
' If he applies sesamum to any other purpose, but
food, anointing, and charitable gifts, he will be born
again as a worm and, together with his ancestors,
be plunged into the ordure of dogs.'
27. He who sells sesamum, forsooth, sells his
ancestors ; he who sells rice, forsooth, sells his life ;
he who gives away his daughter, making a bargain,
forsooth, sells portions of his spiritual merit.
28. Grass and wood, in its natural state, may be sold.
29. Now they quote also (the following verse):
'Animals that have teeth in one jaw only, as well as
minerals excepting salt, and undyed thread, these,
O Brahma^a, are the goods which thou art permitted
to sell.'
30. (If he has committed) any offence excepting a
25. I. e. males shall live, according to the rules given above in Sutras lo-n, during one year, and females during four months.
26. Vasishtfa II, 30. «8. Apastamba I, 7, 21, 2.
29. The permission to sell 'stones' or minerals contradicts VasishMa II, 24.
30. Regarding the definition of the term 'anMana, see above,
222 BAUDHAYANA. 11,1,2,
mortal sin (pataka) he may either give to a learned
Brahmarca (angina) a hairy cow of brown or red-
dish colour, after sprinkling her with clarified butter
and scattering black sesamum seeds over her ;
31. Or (he may offer burnt oblations), reciting the Kushmawdas, during twelve days.
32. '(Thus) he will be freed from the guilt (of
any crime that is) less (heinous) than the murder
of a learned Brahmawa.'
33. If one is accused of a mortal sin (pataka),
a l&rikkkra. (penance must be, performed by the
accused).
34. The accuser (shall perform) that (K>i£££ra penance during) a year.
35. 'He who during a year associates with an
outcast, becomes (likewise) an outcast ; not by sacri-
ficing for him, by teaching him or by (forming) a
matrimonial (alliance with him), but by using the
same carriage or seat.'
36. The penance for eating impure substances
is to fast until the entrails are empty. That is
attained in seven (days and) nights.
31. Regarding the efficacy of the Kushma«<fa texts, see e.g. Gautama XIX, 12 ; XXII, 36.
33. 'Vasish/ia XXIII, 37-38. 34. Vasishtfa XXIII, 39.
35. Vasish/Aa I, 22.
36. Apastamba I, 9, 27, 3-4; Vasish/^a XXIII, 30. I follow here the Gu^ardt and Dekhan MSS., which read amedhyaprlrane prayaj£ittir naishpurishyaw tat saptar&tre«£v&pyate. M. and the two MSS. of the commentary give amedhyaprarane prayaj&ttam and leave the remainder out. The commentary states that the penance intended is the TaptakrobWra, described in the next Sutra. The parallel passages of Apastamba and others leave no doubt that the northern MSS. in this case have preserved the older form of the text.
H, i, 2, PENANCES. 223
37. (Subsisting on) water, milk, clarified butter,
(and) fasting, — each for three days, — (and taking the
three fluids) hot, that is a Taptakrz££^ra penance.
38. (Eating) during three days in the morning
only, during the (next) three days in the evening
only, (subsisting) during (another) three days (on)
food given unasked, and fasting during three days,
(that is) a Y^rikktvcz. penance.
39. (If the period of twelve days is divided into)
three (periods of) four days, that is the Krt&&faa.
penance of women, children, and aged men.
40. If (observing the rule given) above one eats
(at each meal) so much only as one can take at one
(mouthful), that is an AtikrMfaa. penance.
41. (If one) subsists on water only, that is a
K*V^ratik™&/^ra, the third (in the order of the
"Krikkkra. penances).
42. During a KrMfaa. penance '(the following
rules must be followed, viz.) to bathe at morn,
noon, and evening,
43. To sleep on the ground,
44. To wear one garment only, to shave the hair
of the head, of the beard, and of the body, and to
clip the nails.
45. The same (rules apply) to women except (that referring to) shaving the head.
37. Vasish/Aa XXI, 21.
38. Vasish/fo XXI, 20. M. and the two MSS. of the com- mentary omit the word ' teikkhTiJi ' at the end of the SGtra.
39. Vasish/Aa XXIII, 43- '4<>. Vasish/Aa XXIV, a. 41. Vasish/y&a XXIV, 3. Govinda gives another explanation of
the word tr/tfya>&, 'the third,' according to which it is to refer to
the third tryahaA, or ' period of three days.'
42-44. VasishMa XXIV, 4-5.
224 BAUDHAVANA. II, 2, 3.
PRASNA II, ADHYAYA 2, KANDI&A. 3.
1. A Brahmawa who always carries water (iri his
pot), who always wears the sacred thread, who daily
recites the Veda, who avoids the food of .Sftdras, who
approaches (his wife) in the proper season, and offers
sacrifices in accordance with the rules (of the Veda,
after death) never falls from Brahman's heaven.
2. The Veda (says), ' Manu divided his estate among his sons.'
3. (A father may, therefore, divide his property) equally among all, without (making any) difference ;
4. Or the eldest may receive the most excellent chattel.
5. (For) the Veda says, ' Therefore, they dis-
tinguish the eldest by (an additional share of the)
property.
6. Or the eldest may receive (in excess) one part out of ten ;
7. (And) the other (sons) shall receive equal shares.
8. While the father lives, the division of the
estate takes place (only) with the permission of the
father.
3. i. Vasish/^a VIII, 17.
2. Taittiriya SawzhitEi III, i, 9, 4.
3. Colebrooke V, Dig. XL. Govinda points out that this rule refers to sons equal by caste, origin, and virtue.
4. Colebrooke, loc. cit ; Vishmi XVIII, 37.
5. Taittiriya Samhitd II, 5, 2, 7. See also the discussion on this text, Apastamba II, 6, 14, 10-13.
6. Colebrooke, loc. cit. ; Vasish/fta XVII, 43.
7. Colebrooke, loc. cit. ; Gautama XXVIII, 8.
8. Colebrooke V, Dig. XXII ; Dayabhaga II, 8. In C.'s Digest
11,2,3- Inheritance. 225
9. The (additional) share of the eldest is, (accord-
ing to the order) of the four castes, a cow, a horse,
a goat, and a sheep.
10. If there are sons born of wives of different
castes (var«a), they should make ten portions of the
ancestral property and take four (shares), three, two,
(and) one, according to the order (of the castes).
1 1 . But if a legitimate son of the body (aurasa)
is born, the (other) sons of equal caste shall obtain
one third share (of the estate).
