Footnotes
123:1
10. Manu IV, 251; XI, 1 seq.; Yāgń. I, 2 16. By the term arhat,
I a worthy person,' a Brāhmana is here designated who has studied the
Veda and performs an Agnihotra.
123:4
Manu I, 88; X, 15; Yāgń. I, 118.
124:5
I.e. wild roots and fruits.
124:6
Manu I, 89; X, 77, 79; Yāgń. I, 118, 119.
124:7
Manu I, 90; X, 78, 79; Yāgń. loc. cit.
124:11
Manu VII, 91 seq.; Yāgń. 1, 325.
124:12
Haradatta explains the words Sāstrair adhigatānām, 'who whilst
participating, according to the sacred law, (in the rights of their caste,)' by
'who have been sanctified according to the law by the sacraments, such as the
Garbhādhāna, and are entitled (to the rights and occupations of their caste).'
125:16
Probably this Sūtra is meant to give a general rule, and to exempt Brāhmanas
in every case from corporal punishment and servitude. Manu VIII, 379-380.
Footnotes
125:3
11. See also below, II, 11, 29, 6.
125:5
Manu II, 139; Yāgń. I, 117. According to Haradatta this Sūtra is
given, though the precedence among the various castes has been already settled,
in order to show that common Kshatriyas must make way for an anointed king.
126:6
Manu II, 138; Yāgń. I, 117.
126:10
Manu X, 64, 65; Yāgń. 1, 96.
126:12
Manu IX, 95; Yāgń. I, 76.
126:13
Manu IX, 80, 81; Yāgń. I, 73.
126:14
A wife who assists at the kindling of the fires for any sacrificial rite,
becomes connected with that rite like any priest, and in that rite no other
woman can take her place. Hence in the case of an Agnihotra, which lasts during
the performer's lifetime, or at least as long as be is a householder, the
performer cannot take another principal wife after be once has begun his
sacrifice. If the wife of an Agnihotrin dies, he must marry again, and also
kindle his fires afresh. Manu V, 167, 168; Yāgń. I 80.
127:15
The term Gotra corresponds to the Latin Gens. It may be of two kinds, Vaidika
for Brāhmanas and Laukika, 'worldly', for men of other castes. In the
first case it denotes 'persons descended from the same Rishi;' in the
second, 'persons distinguished by the same family name, or known to be descended
from the same ancestor.' In our days Brāhmanas also have Laukika Gotras,
which form subdivisions of the very large Vedic Gotras. Regarding the Vaidika
Gotras, see Max Müller's History of Ancient Sanskrit Literature, pp. 379-390,
and particularly p. 387. Manu III, 5; Yāgń. I, 33; Weber, Ind. Stud. X,
75 seq.
127:16
The term yonisambandha, 'related (within six degrees),' corresponds to the more
common Sapinda of Manu, Yāgńavalkya, and others; see the
definitions given below, II, 6, 15, 2. In Āpastamba's terminology Sapinda
has probably a more restricted sense. It seems very doubtful whether Haradatta's
explanation of ka, translated by 'or,' is correct, and whether his interpolation
of 'the father's' ought to be admitted. Probably Sūtra 15 refers to the
father's side, and Sūtra 16 to the mother's side.
127:17
Manu III, 27; Yāgń. I, 58.
127:18
Manu III, 29; Yāgń. I, 59.
127:19
Manu III, 28; Yāgń. I, 59.
128:20
Manu III, 32; Yāgń. I, 61.
Footnotes
128:1
12. Manu III, 31; Yāgń. I, 61. It must be understood that, at
this rite, a regular sale of the bride must take place. If a suitor merely gives
presents to the bride, that is not an Āsura-marriage.
128:2
Manu III, 33; Yāgń. I, 61. Haradatta points out that the other
law-books enumerate two additional marriage-rites, the Prāgāpatya or Kāya
and the Paisāka. But Vasishtha I, 29-35, like Āpastamba,
gives six rites only.
128:3
Manu III, 24, 25; Yāgń. I, 58-60.
128:4
I.e. from praiseworthy marriages virtuous children are born, and from blamable
marriages bad ones. Manu III, 42.
129:10
Another commentator says, 'He shall not throw (brands taken from) one fire into
another fire.'--Haradatta.
129:11
The Sūtra implies that under other circumstances he must show this respect to a
fire.
129:13
Manu II, 220.
129:18
Manu XI, 200.
129:21
See above, I, 11, 32, 22.
129:22
These sinners are, enumerated in nearly the same order, p.
130 Taittirīya-brāhmana III, 2, 8, 11 and 12, and Āp. Srauta-sūtra
IX, 12, 11. See also Manu XI, 44-49. Regarding the crimes causing impurity, see
above, I, 7, 21, 12-19.
130:23
'Its cause, i.e. the black nails, &c. According to another Smriti,
one shall not put away a wife or extinguish a fire, for the taking or kindling
of which the penance had to be performed.'--Haradatta. But see Vasishtha
XX, 7 seq.
Footnotes
130:1
13. 'Sāstravihitā (translated by "who has been married to
him legally") means either "married according to the rites prescribed
in the Sāstras," or "possessed of the qualities (which have
been described) by (the rule of) the Sāstras, He shall not give his
daughter to a man of the same Gotra," and in similar (passages).'Haradatta.
See also Colebrooke, Digest, Book V, Text cxcix.
131:3
Another (commentator) says, 'Neither of the parents shall pass them over at (the
distribution of) the heritage. Both (parents) must leave their property to
them.'--Haradatta. The text of the Sūtra admits of either explanation.
131:6
See also Manu IX, 32 seq., where the same difference of opinion occurs.
131:7
According to Haradatta this Gāthā gives the sentiments of a husband who
neglected to watch his wives, and who had heard from those learned in the law
that the sons or his unfaithful wives would in the next world belong to their
natural fathers, and that be would not derive any spiritual benefit from their
oblations. He adds that this verse does not refer to or prevent the appointment
of a eunuch's wife or of a childless widow to a relation. He also quotes a
passage from the Srauta-sūtra 1, 9, 7, in which the dvipitā, 'the son
of two fathers,' is mentioned. But Haradatta's view cannot be reconciled with
the statements made below, II, 10, 27, 2-7, p.
132 where the Niyoga, is plainly forbidden. Baudhāyana, who (II, 2,
3, 34) quotes the same Gāthā, reads in the first line the vocative 'ganaka'
instead of the nominative 'ganakah,' and in the fifth line 'pare bīgāni'
instead of 'parabīgāni.' The commentator Govindasvāmin adds that the
verses are addressed by the Rishi Aupagaṅghani to king Ganaka
of Videha. The translation of the first line must therefore run thus: 'O Ganaka,
now I am jealous of my wives, (though I was) not so formerly,' &c. Baudhāyana's
readings are probably the older ones, and Govindasvāmin's explanation the right
one. See also Colebrooke, Digest, Book V, Text ccli.
132:11
Haradatta thinks that, as most other Smritis enumerate the adopted son,
and 'the son bought' in their lists of substitutes for lawful sons of the body,
Āpastamba's rule can refer only to the gift or sale of an eldest son, or to the
gift or sale of a child effected by a woman. Though it is possible that he may
be right in his interpretation, it remains a remarkable fact that Āpastamba
does not mention the 'twelve kinds of sons,' which are known to other Smritis.
132:12
This Sūtra seems to be directed against Vasishtha I, 36.
Footnotes
133:1
14. The last Sūtra of Khanda 13 and the first of Khanda 14
are quoted by Colebrooke, Digest, Book V, Text xlii, and Mitāksharā, Chap. I,
Sect. iii, Par. 6. Colebrooke translates gīvan, 'during his lifetime,'
by 'who makes a partition during his lifetime.' I think that this is not quite
correct, and that Āpastamba intends to exhort householders to make a division
during their lifetime, as later they ought to become ascetics or hermits.
Haradatta introduces into his commentary on this Sūtra the whole chapter on the
division of a father's estate amongst his sons, supplementing Āpastamba's short
rule by the texts of other lawyers. No doubt, Āpastamba means to lay down, in
these and the following Sūtras, only the leading principles of the law of
inheritance, and he intends that the remaining particulars should be supplied
from the law of custom or other Smritis.
133:2
Haradatta gives in his commentary a full summary of the rules on the succession
of remoter relations. One point only deserves special mention. He declares that
it is the opinion of Āpastamba, that widows cannot inherit. In this he is
probably right, as Āpastamba does not mention them, and the use of the p.
134 masculine singular 'sapindah' in the text precludes
the possibility of including them under that collective term. It seems to me
certain, that Āpastamba, like Baudhāyana, considered women, especially widows,
unfit to inherit.
134:4
'Some say "on failure of sons," others that the rule refers to the
preceding Sūtra (i.e. that the daughter inherits on failure of pupils
only).'--Haradatta. The latter seems to be the correct interpretation.
134:5
'Because the word "all" is used, (the king shall take the estate) only
on failure of Bandhus and Sagotras, i.e. gentiles within twelve
degrees.'--Haradatta.
134:6
'The other sons shall live under his protection.'--Haradatta. Colebrooke, Mitāksharā,
Chap. I, Sect. iii, Par. 6.
134:7
'"Black produce of the earth," i.e. black grain, or according to
others black iron.'--Haradatta. Compare for this and the following Sūtras
Colebrooke, Mitāksharā, Chap. I, Sect. iii, Par. 6, and Digest, Book V, Text
xlviii.
134:8
The translation given above agrees with what I now recognise to be Haradatta's
explanation, and with Colebrooke, Mitāksharā, Chap. I, Sect. iii, Par. 6. Both
the P. U. and Mr. U. MSS. of the Uggvalā read rathah pituramso
grihe yatparibhāndam upakaranam pīthādi tadapi,
'the chariot (is) the father's share; the furniture which (is) in the house,
that also.' To this reading Mahādeva's Uggvalā on the Hiranyakesi
Sūtra points likewise, which gives pītur antah. The N. U. MS. of the Uggvalā,
according to which p. 135
I made the translation given in the Appendix to West and Bühler's Digest (1st
edition), leaves out the word amsah, and therefore makes it
necessary to combine this Sūtra, with the preceding one, and to translate, 'The
father's chariot and the furniture in the house (are) also (the share of the
eldest).' This latter translation agrees nearly with that given by Colebrooke,
Digest, Book V, Text xlviii, where this and the preceding Sūtra have been
joined; but the chariot is not mentioned. A further variation in the
interpretation of this Sūtra occurs in Colebrooke's Digest, Book V, Text
lxxxix, and Mitāksharā, loc. cit., where the words 'the furniture in the
house' are joined with Sūtra 9, and the furniture is declared to be the wife's
share. Considering that Sūtra 9 is again quoted in Colebrooke's Digest, Book V,
Text cccclxxii, and is not joined with the latter part of Sūtra 8, it is not
too much to say that Gagannātha has not shown any greater accuracy than
his brethren usually do.
135:9
The Mitāksharā, loc. cit., apparently takes the words 'according to some' as
referring only, to property received from relations. I follow Haradatta. The
former interpretation is, however, admissible, if the Sūtra is split into two.
135:10
The Sāstras are, according to Haradatta, the Vedas.
135:11
Taittirīyā Samhitā III, 1, 9, 4.
135:12
'Athāpi (now also) means "and certainly." They distinguish, they set
apart the eldest son by wealth: this has been declared in the Veda in conformity
with (the rule regarding) one (heir, Sūtra 6). He denies (Sūtra 13) that a
passage also, which p. 136
agrees with the statement that the eldest son alone inherits, is found in the
Veda.'--Haradatta. See Taittirīyā Samhitā II, 5, 2, 7.
136:13
Those who are acquainted with the interpretation of the law are the Mimāmsakas.
The translation of the second Vedic passage is by no means certain, as the root
ribh, translated by 'to be resplendent,' usually means 'to give a sound.'
Haradatta thinks that Āpastamba means to show that the passage 'Manu divided
his wealth among his sons' is likewise merely a statement of facts, and cannot
be considered a rule. This is probably erroneous, as Sūtras 10 and 11
distinctly state, that the practice to allow the eldest alone to inherit, is
forbidden by the abovementioned passage of the Veda.
136:15
Compare for this Sūtra and the following one Colebrooke's Digest, Book V, Text
cccxv. The translation of pratipādayati, 'expends,' by 'gains,' which is also
proposed by Gagannātha, is against Āpastamba's usage, see II, 5, 11,
17, and below, II, 8, 20, 19.
136:16
According to Haradatta, this Sūtra gives the reason why, in Sūtra 1, no share
has been set apart for the wife. Compare Colebrooke's Digest, Book V, Text
lxxxix, for this Sūtra and the following two.
137:20
See below, II, 11, 29, 3.
Footnotes
137:1
15. Customs are to be followed only if they are not opposed to the
teaching of the Vedas and Smritis.
137:2
Manu. V, 60; Yāgń. I, 53; Manu V, 60; Manu V, 58; Yāgń. III,
3.
137:4
Manu V, 69 and 70.
137:5
Manu V, 80.
138:7-9.
Yāgń. III, 5, 7 seq. The Mantra to be spoken in throwing the water is,
'I give this water to you N. N. of the family of N. N.' The water ought to be
mixed with sesamum. According to Haradatta those who know the correct
interpretation, declare that the word' women' denotes in this Sūtra 'the Smritis.'
But I fear these learned interpreters will find few adherents among those who
pay attention to the last Sūtra of this work.
138:11
Manu III, 128.
138:12
Manu III, 98.
139:14
'That (substance) is called kshāra, "of pungent or alkaline taste,"
the eating of which makes the saliva flow.'--Haradatta.
139:15
Avarānna, 'bad food,' is explained by 'kulittha and the like.' Kulittha, a kind
of vetch, is considered low food, and eaten by the lower castes only. The
meaning of the Sūtra, therefore, is, 'If anybody has been forced by poverty to
mix his rice or Dāl with kulittha or similar bad food, he cannot offer a
burnt-oblation at the Vaisvadeva ceremony with that. He must observe the
rule, given in the following Sūtra.
139:17
Manu V, 155; XI, 36.
139:18
Manu II, 171.
140:25
Haradatta quotes Gautama II, 1-3, on this point, and is apparently of opinion
that Āpastamba alludes to the same passage. But he is probably wrong, as all Smritis
are agreed on the point mentioned by Āpastamba.
Footnotes
140:1
16. 'Intending to give the rules regarding the monthly Srāddha, he premises
this explanatory statement in order to praise that sacrifice.'--Haradatta.
140:2
The reading 'nihsreyasā ka' apparently has given great trouble to the
commentators. Their explanations are, however, grammatically impossible. The
right one is to take 'nihsreyasā as a Vedic instrumental, for nihsreyasena,
which may designate the 'reason'. If the dative is read, the sense remains the
same.
140:3
'The comparison of the Brāhmanas with the Āhavanīya indicates that to feed Brāhmanas
is the chief act at a Srāddha.'--Haradatta.
140:4
Manu III, 122, 123; Yāgń. I, 217.
141:5
Manu III, 255, 278.
141:7
Manu III, 277; Yāgń. I, 264, 265.
141:12
The translation follows the corrected reading given in the Addenda to the
Critical Notes.
142:20
Others read the last part of the Sūtra, ayuvamārmas-tu bhavanti, 'they will
not die young'--Haradatta. If the two halves of the Sūtra are joined and Darsanīyāpatyoyuvamārinah
is read, the Sandhi may be dissolved in either manner.
142:21
Manu III, 276, and Yāgń. I, 263, declare the fourteenth day to be unfit for a
Srāddha, and the latter adds that Srāddhas for men killed in battle may be
offered on that day. This latter statement explains why Āpastamba declares its
reward to be 'success in battle.' The nature of the reward shows that on that
day Kshatriyas, not Brāhmanas, should offer their Srāddhas.
142:23
Manu III, 267; Yāgń. I, 257.
142:26
Manu III, 271.
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