47. Those (women) who strive (to do what is) agreeable to their husbands will gain heaven.
48. But for a violation (of their duty towards the husband) a Y^rikkhrz. penance (must be performed).
49. (For violating it) with a ^udra (a woman) shall perform a lunar penance (>£andraya#a) ;
50. (For violating it) against the order of the
castes with a VaLrya and so forth, she shall per-
form a KrM&Ara. or an (Atikrt££^ra) penance.
51. For male (offenders, i.e.) Brahma/zas and so forth, a year's chastity (is prescribed).
quite genuine ; for the word ' tasm&t,' with which it begins, is not required, because its sense is already expressed by the following ' hi,' and because the Sutra apparently contains half an Anush/ubh Sick a, which the insertion of tasmat destroys. It is also easy to see how it came to be inserted. Every Ya^rarvedf who read the passage would be reminded of the analogous passage of the Taitti- riya Sa;whita VI, 5, 8, 2, ' tasmat striyo nirindriya adayadir api papat puwsa^ upastitaram,' which in K. has actually been inserted after our Sutra. In the Vedic Mantra ' tasmlt ' is required, and is cer- tainly the genuine reading. Hence it seems to have been trans- ferred into Baudhayana's text, possibly by the mistake of some scribe who, according to the habit of his kind, took a marginal reference to the beginning of the Vedic passage for a correction of the text. In my opinion it must be thrown out. The sense of the half verse remains exactly the same. It corresponds to Manu IX. 1 8. According to Govindasvamin and others its object is to show that women are incapable of inheriting, and the word daya, ' portion/ must be taken in the sense of ' a share of the inheritance.' For a full discussion of this point, I refer to the Introductory Note on Book I, Chapter II, Sect. 14 of West and Buhler's Digest of II. L. C., third edition.
47. Vishwu XXV, 15, 17; VasishMa XXI, 14.
48-50. VasishMa XXI, 6-13.
51. Govinda points out that this rule refers to adultery with women of equal caste, and thinks that the word ' chastity' indi- cates that Kn'^Ara penances are to be performed ; VasishMa XXI, 1 6, 17 ; Vishwu LIII, 2. But see Gautama XXII, 29.
2, 4. WOMEN.
52. Let him burn a -Sudra (who commits adultery with an Aryan) in a straw-fire.
53. Now they quote also (the following verses):
PRASNA II, ADHYAYA 2, KANDIKA 4.
1. ' Anybody but a Brahmawa shall suffer corporal punishment for adultery.'
2. 'The wives (of men) of all castes must be guarded more carefully than wealth.'
3. ' But corporal punishment (shall) not (be in-
flicted) for (adultery with) the wives of minstrels
and with those who appear on the stage. For (the
husbands) carry them (to other men), or, lying
concealed (at home), permit them to hold culpable
intercourse.'
4. 'Women (possess) an unrivalled means of
purification ; they never become (entirely) foul. For
month by month their temporary uncleanness re-
moves their sins/
5. 'Soma gave them cleanliness, the Gandharva
their melodious voice, and Fire purity of all (limbs) ;
therefore women are free from stains.'
52. Vasish/tfa XXI, i, 5.
4. i. Apastamba II, 10, 26, 20; 10,27, n. Govinda thinks that non-Brahmanical offenders should be burned, in accordance with Vasish/yfca XXI, 2-3. But mutilation may also be intended. Sa#z- graha»a, 'adultery,' probably includes all those acts mentioned Manu VIII, 354-358.
2. Manu VIII, 359.
3. Manu VIII, 362. I read conjecturally, ' sa/Hsar^yanti te hyeta nigupta\r £alayantyapi,' basing my emendations on Manu's text. The MSS. and Govinda have, sawsar^ayanti ta hyetdn nigupt&wj Mlayanty api, which gives no good sense. Govinda explains £ara//a-
. ' the wives of minstrels/ by devadisyaA, ' temple-slaves.'
4. Vasish//*a XXVIII, 4. 5. Vasisli//ia XXVIII, 6.
234 BAUDHAYANA. II, 2, 4.
6. ' Let him abandon a barren (wife) in the tenth
year, one who bears daughters (only) in the twelfth,
one whose children (all) die in the fifteenth, but her
who is quarrelsome without delay.'
7. A widow shall avoid during a year (the use of)
honey, meat, spirituous liquor, and salt, and sleep on
the ground.
8. Maudgalya (declares that she shall do so) during six months.
9. After (the expiration of) that (time) she may,
with the permission of her Gurus, bear a son to her
brother-in-law, in case she has no son.
10. Now they quote also (the following verse) :
' One whose appointment can have no result, (viz.)
a barren woman, one who has borne sons, one who
is past child-bearing, one whose children are (all)
dead, and one who is unwilling must not be
appointed.'
n. The sister of a maternal uncle and of the
father, a sister, a sister's daughter, a daughter-in-
law, a maternal uncle's wife, and the wife of a
6. Manu IX, 81.
.7-8. VasishMa XVII, 55. The word madya, ' spirituous liquor/ occurs in M. and the I. O. copy of the commentary. The MSS. from the Dekhan and Gujarat, including K., read ma^guna or maaV/a'na, the compound letter being very indistinct.
9. Vasish/^a XVII. 56, where .the term 'Gurus' is fully ex- plained.
10. VasishMa XVII, 57-59. M. and the two copies of the commentary read pi-fjU'otpannaputra £a instead of vast ^otpanna- putra &a, ' a barren woman and one who has borne sous.' I follow the Dekhan and Gujarat MSS., which undoubtedly give the genuine reading. Perhaps the term avajam, Vasish//m XVII, 57. should be corrected to va^iitn.
ii-iz. These two Sutras are additions to IT, i, 2, 13. See also NSrada XII, 73-74 ; VasishMa XXI, 1 6.
2,4. WOMEN.
friend are females who must never be approached (agamya).
12. For intercourse with females who must not
be approached (agamya), a KrtttAra. and an Ati-
krzWira. (and) a Aandrayawa are the penances
prescribed for all.
13. Thereby (the rule regarding) intercourse with a female of the Kwid&a, caste has been declared.
• 14. Now they quote also (the following verses) :
1 A Brahma;,'a who unintentionally approaches a
female of the Aa#</ala caste, eats (food given by
a A'att^ala) or receives (presents from him), becomes
an outcast; but (if he does it) intentionally, he
becomes equal (to a SCandala).
15. ' He who approaches his father's, his teacher's,
or a king's wife, is guilty of the crime of violating a
Guru's bed ; the penance ordained for him has been
declared above.'
1 6. (A Brdhmawa) who is unable (to subsist) by
teaching, sacrificing for others, or the acceptance of
gifts, shall maintain himself by following the duties
of Kshatriyas, because that is the next following
(caste).
13. Vasiah/^a XXIII, 41 ; Vishwu LIII, 5-6.
14. Manu XI, 176.
15. Govinda thinks that the penance intended is that mentioned in Sutra 1 2. Probably a severer one is meant. The verse is inter- esting, as it clearly is a quotation from some metrical work on law, not merely of traditional detached jlokas.
1 6. Vasish///a II, 22. The Sutra ' adhyapanaya^anapratigra- hair a-rakta^ kshatradharmewa ^-ivet pratyanantaratvat ' occurs in the two copies of the commentary only. The I. O. copy of the commen- tary has, however, before it the following wor Js : [dharmya] svadhya- yaprava/fcane evety adhik^na/n [kara/«] dan-ayati pratigrihtta tadr/"k pratigrahitura//* gr/dhnuvanti [tara r/dhnu0] r/lvigya^amana y&ginau
236 BAUDHAYANA. 11,2,4.
17. Gautama (declares that one shall) not (act
thus). For the duties of Kshatriyas are too cruel
for a Brahmawa.
1 8. Now they quote also (the following verse):
' Out of regard for the sacred law a Brahmawa and
a VaLsya may take up arms for (the protection of)
cows or Brahma»as, or when a confusion of the
castes (threatens to take place).
19. (Or) the livelihood of a Vaisya should be adopted, because that is the one following (next).
20. (If he lives by agriculture) he shall plough before breakfast,
21. With two bulls whose noses have not been
pierced, not striking them with the goad, (but)
frequently coaxing them.
22. The (sacred domestic) fire (shall be kindled)
at the wedding ; the religious ceremonies up to the
Agnyadheya (shall be) performed in that.
[^ane] tadajaktau kshatradharmau. M. reads, dharmanasvadhya"- yaprava^ana [ne] ityadhikarawz darcayati pratigrahitadrzlc pratigra- hitara r/'dhnuvanti n'tvigya^-amana yaganau tada^aktau sva"dhya- yadhyi [°yadhya] panayagwaya^anapratigrahair a^aktama [taA] kshatradharmmewa ^ivet. The Dekhan and Gujarat MSS. read, dharmye svadhyayaprava^ane ityadhikara/ra darjayati I pratigrahe data pratigrahita[ra] n'dhnuvanti i rz'tvigya^amana yagane i tada^ak- tau kshatradharmewa ^ivayet, or have corruptions of this passage. I cannot come to any other conclusion than that the passage which precedes the words translated by me are a very ancient interpolation, caused by the embodiment of a portion of an old Bhashya with the text, and that all our MSS., however much they may differ, go back to one codex archetypus.
1 1. Gautama Introduction, p. Hi.
18. Gautama VII, 25. 19. VasishMa II, 24.
20-21. VasishMa II, 32.
22. Vasish///a VIII, 3. The religious ceremonies to be performed with the sacred domestic fire, which, according to Baudhavana,
II, 2, 4. HOUSEHOLDER.
23. Now, beginning with the Agnyadheya, follow
these (rites in an) uninterrupted (series), as, for
instance, the Agnyadheya, the Agnihotra, the new
and full moon sacrifices, the Agrayawa at the winter
and summer solstices, the animal sacrifice, the
A'aturmasyas at the beginning of each season, the
Shadd&otri in spring, the Agnish/oma. Thus the
attainment of bliss (is secured).
24. Now they quote also (the following verse):
' Neither he who is accustomed to sleep in the day-
time, nor he who eats the food of anybody, nor
he who falls from a height to which he has climbed,
can reach heaven as he desires.'
25. Let him avoid meanness, hard-heartedness, and crookedness.
26. Now they quote also with reference to this
(subject the following) verse in the dialogue between
the daughters of U^anas and Wzshaparvan : ' Thou,
forsooth, art the daughter of one who praises
(others), who begs and accepts (gifts); but I am
the child of one who is praised, who gives gifts and
does not accept them.'
should be kindled at the wedding, not on the division of the paternal estate (Gautama V, 7), are the so-called Grihya. ceremonies (Gau- tama V, 8-9).
23. VasishMa XI, 46. The sacrifices enumerated in this Sutra require three fires, and belong to the jrauta or vaitSnika ya^as. The Sha.dJtotrt mentioned here seems to be the animal sacrifice mentioned in the commentary on KatySyana -Srauta-sutra VI, 1,36.
24. An arfk%apatita, 'he who falls from a height to which he has climbed/ is, according to Govinda, an ascetic who slides back into civil life.
25. Vasish/^a VI, 40 ; X, 30. Govinda explains jaVAyam, ' hard- heartedness,' by saktau satySm api paropakMkaranam, ' not doing a kindness to others though one is able to do so.'
26. The dialogue mentioned is that between .9armish/^ and
238 BAUDIIAYANA.
PRASNA II, ADIIYAYA 3, KAJVDIK! 5.
1. Bathing is suitable for (the practice of) au- sterity.
2. The libation to the manes (is offered) after the gods have been satisfied (with water).
3. They pour out water which gives strength, from one Tirtha after the other.
4. Now they quote also (the following verses):
4 With flowing, unconfined water twice-born men of
the three castes shall satisfy the gods, ^zshis, and
manes, when they have risen in the morning.'
5. ' They shall not offer (libations of water) con-
fined (in tanks and wells). (If they do it), he who
made the embankment, will obtain a share (of the
merit cf their devotion).'
6. ' Therefore let him avoid embankments (around tanks) and wells made by others.'
7. Now they quote also (the following verse) :
' Or, in times of distress — not as a rule — he may
bathe in (water) confined (in tanks), after taking out
three lumps (of earth) ; from a well (let him take
three) lumps of clay and three jars of water/
Devayani, which occurs Mahabharata I, 78. The verse quoted is the tenth of that Adhyaya, and agrees with ours, except that sutaham is read for ath^ham in the beginning of the second half verse.
5. 3. As to the Tirthas, see above, I, 5, 8, 15-16.
5. Manu IV, 201. 6. Vishmi LXIV, i.
7. Vish«u LXIV, 2. I read the verse as follows: uddhrz'tya vapi trin pi«d&n kuryad apatsu no sada I niruddhasu /£a mr/'tpi«</an kupat trin abgha/iwstatheti II The Dekhan MSS. read at the end of the second half verse, kupawzstrinava/awzstatha ; M. has kupa- trinabapa/anstatha" ; while C. I. gives kupat trin gha/awstatha". Nandapa;/(/ita on Vishwu, loc. cit., seems to have had the latter
3, 5. DUTIES OF A SNATAKA.
8. If he has accepted presents from one who is
able to give presents to many, or from one whose
presents ought not to be accepted, or rf he has
sacrificed for one for whom he ought not to have
sacrificed, or if he has eaten food (given by a person)
whose food must not be eaten, he shall mutter the
Taratsamandtya.
9. Now they quote also (the following verse) :
* Those who improperly associate with (an outcast)
teacher, those who improperly associate with (out-
cast) pupils, and those who improperly associate (with
outcasts) by (accepting their) food or by (reciting)
Mantras (for them), enter into deep darkness.'
