The Gautama Sutras, Chapters 1 to 14
1. THE Veda is the source of the sacred law, 1
2. And the tradition and practice of those who know the (Veda).
3. Transgression of the law and violence ate observed (in the case) of (those) great (men); but both are without force (as precedents) on account of the weakness of the men of later ages. 3
4. If (authorities) of equal force are conflicting, (either may be followed at) pleasure.
6. (It may also be performed) in the ninth or fifth (years) for the fulfilment of (some particular) wish. 6
7. The number of years (is to be calculated) from conception. 7
8. That (initiation) is the second birth. 8
9. The (person) from whom he receives that (Sacrament is called) the Âkârya (teacher). 9
10. And (the same title is also bestowed) in consequence of the teaching of the Veda. 10
11. (The initiation) of a Kshatriya (shall ordinarily take place) in the eleventh (year after conception), and that of a Vaisya in the twelfth. 11
12. Up to the sixteenth year the time for the Sâvitrî of a Brâhmana has not passed, 12
13. Nor (for the initiation) of a Kshatriya up to the twentieth (year). 13
14. (And the limit for that) of a Vaisya (extends) two years beyond (the latter term).
15. The girdles (worn by students) shall be strings of Muñga grass, a bow-string, or a (wool) thread, according to the order (of the castes). 15
16. (Their upper garments shall be) skins of black-bucks, spotted deer, (or) he-goats. 16
17. Hempen or linen cloth, the (inner) bark (of trees), and woollen blankets (may be worn as low garments by students) of all (castes), 17
18. And undyed cotton cloth.
19. Some (declare that it) even (may be dyed) red. 19
20. (In that case the garment) of a Brâhmana (shall be dyed with a red dye) produced from a tree,
21. (And those of students) of the other two (castes shall be) dyed with madder or turmeric.
22. The staff (carried by a student) of the Brâhmana (caste shall be) made of Biliva or Palâsa wood. 22
23. Staves made of Asvattha or Pîlu wood (are fit) for (students of) the remaining (two castes).
24. Or (a staff cut from a tree) that is fit to be used at a sacrifice (may be carried by students) of all (castes). 24
25. (The staves must be) unblemished, bent (at the top) like a sacrificial post, and covered by their bark. 25
26. They shall reach the crown of the head, the forehead, (or) the tip of the nose (according to the caste of the wearer). 26
27. (It is) optional (for students) to shave (their heads), to wear the hair tied in a braid, (or) to keep (merely) a lock on the crown of the head tied in a braid (shaving the other portions of the head). 27
28. If he becomes impure while holding things in his hands, he shall (purify himself) by sipping water without laying (them on the ground). 28
29. (As regards) the purification of things, (objects) made of metal must be scoured, those made of clay should be thoroughly heated by fire, those made of wood must be planed, and (cloth) made of thread should be washed. 29
30. (Objects made of) stone, jewels, shells, (or) mother-of-pearl (must be treated) like those made of metal. 30
31. (Objects made of) bone and mud (must be treated) like wood. 31
32. And scattering (earth taken from a pure spot is another method of purifying defiled) earth. 32
33. Ropes, chips (of bamboo), and leather (must be treated) like garments. 33
34. Or (objects) that have been defiled very much may be thrown away. 34
35. Turning his face to the east or to the north, he shall purify himself from personal defilement. 35
36. Seated in a pure place, placing his right arm between his knees, arranging his dress (or his 36 sacrificial cord) in the manner required for a sacrifice to the gods, he shall, after washing his hands up to the wrist, three or four times, silently, sip water that reaches his heart; twice wipe (his lips); sprinkle his feet and (his head); touch the cavities in the head (severally) with (certain fingers of his) right hand; (and finally) place (all the fingers) on the crown of his head and (on the navel).
37. After sleeping, dining, and sneezing (he shall) again (sip water though he may have done so before). 37
38. (Remnants of food) adhering to the teeth (do not make the eater impure as little) as his teeth, except if he touches them with his tongue. 38
39. Some (declare, that such remnants do not defile) before they fall (from their place). 39
40. If they do become detached, he should know that he is purified by merely swallowing them, as (in the case of) saliva. 40
41. Drops (of saliva) failing from the mouth do not cause impurity, except if they fall on a limb of the body. 41
42. Purification (from defilement) by unclean substances (has been effected) when the stains and the (bad) smell have been removed. 42
43. That (should be done) by first (using) water and (afterwards) earth, 43
44. When urine, fæces, or semen fall on a (limb) and when (a limb) is stained (by food) during meals (water should be sipped). 44
45. And in case the Veda ordains (a particular manner of purification, it must be performed according to the precept). 45
46. Taking hold with (his right) hand of the left 46 hand (of his teacher), but leaving the thumb free, (the pupil) shall address his teacher, (saying): 'Venerable Sir, recite!'
47. He shall fix his eyes and his mind on the (teacher). 47
48. He shall touch with Kusa grass the (seat of the) vital airs. 48
49. He shall thrice restrain his breath for (the space of) fifteen moments; 49
50. And he shall seat himself on (blades of Kusa grass) the tops of which are turned toward the east. 50
51. The five Vyâhritis must (each) be preceded by (the syllable) Om and end with Satya. 51
52. (Every) morning the feet of the teacher must be embraced (by the pupil), 52
53. And both at the beginning and at the end of a lesson in the Veda.
54. After having received permission, the pupil 54 shall sit down to the right (of his teacher), turning his face towards the east or towards the north,
55. And the Sâvitrî must be recited; 55
56. (All these acts must be performed) at the beginning of the instruction in the Veda. 56
57. The syllable Om (must precede the recitation of) other (parts of the Veda) also, 57
58. If (any one) passes between (the teacher and the pupil) the worship (of the teacher must be performed) once more. 58
59. If a dog, an ichneumon, a snake, a frog, (or) a cat (pass between the teacher and the pupil) a three days' fast and a journey (are necessary). 59
60. (In case the same event happens) with other (animals, the pupil) must thrice restrain his breath and eat clarified butter, 60
61. And (the same expiation must be performed), if (unwittingly) a lesson in the Veda has been given on the site of a burial-ground. 61
1. Before initiation (a child) may follow its inclinations in behaviour, speech, and eating. (It shall) not partake of offerings. (It shall remain) chaste. It may void urine and fæces according to its convenience. 1
2. No rule of (purification by) sipping water is prescribed for it. But (the stains of impure substances) shall be removed by wiping, by washing, or by sprinkling water. 2
3. (Other persons) cannot be defiled by the touch of such (a child).
4. But one must not employ a (child) to perform oblations in the fire or Bali-offerings; 4
5. Nor must one make it recite Vedic texts, except in pronouncing Svadhâ. 5
6. The restrictive rules, (which will be enumerated hereafter, must be obeyed) after initiation,
7. And (for a student the duty of) chastity, which has been prescribed (above for a child is likewise obligatory), 7
8. (Also) to offer (daily) sacred fuel in the fire, and to beg, to speak the truth, (and) to bathe (daily). 8
9. Some (declare, that the duty) to bathe (exists) after (the performance of) the Godâna (only). 9
10. And the morning and evening devotions (Sandhyâ must be performed) outside (the village). 10
11. Silent he shall stand during the former, and sit during the latter, from (the time when one) light (is still visible) until (the other) light (appears). 11
12. He shall not look at the sun. 12
13. He shall avoid honey, meat, perfumes, garlands, sleep in the day-time, ointments, collyrium, a carriage, shoes, a parasol, love, anger, covetousness, perplexity, garrulity, playing musical instruments, bathing (for pleasure), cleaning the teeth, elation, dancing, singing, calumny, (and) terror, 13
14. (And) in the presence of his Gurus, covering his throat, crossing his legs, leaning (against a wall or the like, and) stretching out his feet, 14
15. (As well as) spitting, laughing, yawning, cracking the joints of the fingers, 15
16. To gaze at and to touch women, if there is danger of a breach of chastity, 16
17. Gambling, low service, to take things not offered, to injure animate beings, 17
18. To pronounce the names of the teacher, of the (teacher's) sons and wives, and of a person who has performed the Dîkshanîyeshti of a Soma-sacrifice, 18
19. To make bitter speeches. 19
20. A Brâhmana (shall) always (abstain from) spirituous liquor. 20
21. (A student) shall occupy a seat and a couch lower (than those of his teacher), shall rise before (him) and retire to rest after (him). 21
22. He shall keep his tongue, his arms, and his stomach in subjection. 22
23. (If it is absolutely necessary to pronounce), 23
his teacher's name and family-name, he ought to indicate it by (using) a synonymous term.
24. (He must speak) in the same (respectful) manner of a man who is (generally) revered and of his betters.
25. (If the teacher speaks to him), he shall answer after having risen from his couch or seat (in case he was lying down or sitting). 25
26. At the command (of his teacher) he shall approach, though the (teacher) may not be visible. 26
27. And if he sees his teacher standing or sitting in a lower place or to the leeward or to the windward, he shall rise (and change his position). 27
28. If (his teacher) is walking, he shall walk after him, informing him of the work (which he is going to do and) telling (him what he has done). 28
29. He shall study after having been called (by the teacher, and not request the latter to begin the lesson). 29
30. He shall be intent on (doing) what is pleasing and serviceable (to the teacher). 30
31. And (he shall behave) towards (the teacher's) wives and sons just as (towards the teacher), 31
32. But not eat their leavings, attend them while bathing, assist them at their toilet, wash their feet, shampoo them nor embrace their feet.
33. On returning from a journey he shall embrace the feet of the wives of his teacher.
34. Some declare, that (a pupil) who has attained his majority is not (to act thus) towards young (wives of his teacher). 34
35. Alms may be accepted from men, of all castes, excepting Abhisastas and outcasts. 35
36. (In begging) the word 'Lady' must be pronounced in the beginning, in the middle, or at the end (of the request), according to the order of the castes. 36
37. (He may beg in the houses) of the teacher, of blood relations, (or) of Gurus, and in his own, if he obtains no (alms) elsewhere. 37
38. Among these he shall avoid each preceding one (more carefully than those named later). 38
39. Having announced to the teacher (what he has received) and having received his permission, the (student) may eat (the collected food). 39
40. If (the teacher) is not present, (he shall seek the permission to eat) from his (teacher's) wives or sons, from fellow-students or virtuous (strangers). 40
41. Having placed water by his side, (he shall eat) in silence, contented, (and) without greed. 41
42. (As a rule) a pupil shall not be punished corporally. 42
43. If no (other course) is possible, (he may be corrected) with a thin rope or a thin cane. 43
44. If (the teacher) strikes him with any other (instrument), he shall be punished by the king.
45. He shall remain a student for twelve years in order (to study) one (recension of the Veda), 45
46. Or, if (he studies) all (the Vedas) twelve years for each,
47. Or during (as long a period as he requires for) learning (them).
48. On completion of the instruction the teacher must be offered a fee. 48
49. After (the pupil) has paid (that) and has been dismissed, he may, at his pleasure, bathe (as is customary on completion of the studentship). 49
50. The teacher is chief among all Gurus. 50
51. Some (say) that the mother (holds that place).
1. Some (declare, that) he (who has studied the Veda) may make his choice (which) among the orders (he is going to enter). 1
2. (The four orders are, that of) the student, (that of) the householder, (that of) the ascetic (bhikshu), (and that of) the hermit in the woods (vaikhânasa). 2
3. The householder is the source of these, because the others do not produce offspring. 3
4. Among them a (professed) student (must follow the rules) given (in the preceding chapters). 4
5. He shall remain obedient to his teacher until (his) end. 5
6. In (the time) remaining after (he has attended to) the business of his Guru, he shall recite (the Veda). 6
7. If the Guru dies, he shall serve his son,
8. (Or) if there is no (son of the teacher), an older fellow-student, or the fire.
9. He who lives thus, gains the heaven of Brahman, and (of him it is said that) he has subdued his organs (of sense and action).
10. And these (restrictions imposed on students Must also be observed by men) of other (orders, provided they are) not opposed (to their particular duties). 10
11. An ascetic shall not possess (any) store. 11
12. (He must be) chaste,
13. He must not change his residence during the rainy season. 13
14. He shall enter a village (only) in order to beg.
15. He shall beg late (after people have finished their meals), without returning (twice), 15
16. Abandoning (all) desire (for sweet food).
17. He shall restrain his speech, his eyes, (and) his actions.
18. He shall wear a cloth to cover his nakedness.
19. Some (declare, that he shall wear) an old rag, after having washed it. 19
20. He shall not take parts of plants and trees, except such as have become detached (spontaneously). 20
21. Out of season he shall not dwell a second night in (the same) village. 21
22. He may either shave or wear a lock on the crown of the head.
23. He shall avoid the destruction of seeds. 23
24. (He shall be) indifferent towards (all) creatures, (whether they do him) an injury or a kindness.
26. A hermit (shall live) in the forest subsisting on roots and fruits, practising austerities. 26
27. Kindling the fire according to the (rule of the) Srâmanaka (Sûtra, he shall offer oblations in the morning and evening). 27
28. He shall eat wild-growing (vegetables only).
29. He shall worship gods, manes, men, goblins, and Rishis. 29
30. He shall receive hospitably (men of) all (castes) except those (with whom intercourse is) forbidden.
31. He may even use the flesh of animals killed by carnivorous beasts. 31
32. He shall not step on ploughed (land),
33. And he shall not enter a village.
34. He shall wear (his hair in) braids, and dress in (garments made of) bark and skins. 34
35. He shall not eat anything that has been hoarded for more than a year. 35
36. But the venerable teacher (prescribes) one order only, because the order of householders is explicitly prescribed (in the Vedas). 36
1. A householder shall take a wife (of) equal (caste), who has not belonged to another man and is younger (than himself). 1
2. A marriage (may be contracted) between persons who have not the same Pravaras, 2
3. (And) who are not related within six degrees on the father's side, 3
4. Or on the side of the begetter, 4
5. (Nor) within four degrees on the mothers side. 5
6. (If the father) gives (his daughter) dressed (in two garments) and decked with ornaments to a person possessing (sacred) learning, of virtuous conduct, who has relatives and a (good) disposition, (that is a) Brâhma (wedding). 6
7. At the Prâgâpatya (wedding) the marriage formula is, 'Fulfil ye the law conjointly.' 7
8. At the Ârsha (wedding the bridegroom) shall present a cow and a bull to him who has (authority over) the maiden. 8
9. (If the bride) is given, decked with ornaments. to a priest at the altar, that is a Daiva wedding. 9
10. The spontaneous union with a willing (maiden is called) a Gândharva wedding. 10
11. If those who have (authority over) a female are propitiated by money, (that is) an Âsura wedding. 11
12. (If the bride) is taken by force, (that is) a Râkshasa wedding. 12
13. If (a man) embraces a female deprived of consciousness, (that is) a Paisâka wedding. 13
14. The first four (rites) are lawful; 14
15. Some say, (the first) six. 15
16. (Children) born in the regular order of wives of the next, second or third lower castes (become) Savarnas, Ambashthas, Ugras, Nishâdas, Daushyantas or Pârasavas. 16
17. (Children born) in the inverted order (of wives of higher castes become) Sûtas, Mâgadhas, Âyogavas, Kshattris, Vaidehakas or Kandâlas. 17
18. Some declare, that a woman of the Brâhmana caste has born successively to (husbands of) the (four) castes, sons (who are) Brâhmanas, Sûtas, Mâgadhas or Kandâlas; 18
19. (And that) a woman of the Kshatriya caste (has born) to the same, Mûrdhâvasiktas, Kshatriyas, Dhîvaras, Pulkasas;
20. Further, a woman of the Vaisya caste to the same, Bhrigyakanthas, Mâhishyas, Vaisyas, and Vaidehas;
21. (And) a woman of the Sûdra caste to the same, Pârasavas, Yavanas, Karanas, and Sûdras.
22. In the seventh (generation men obtain) a change of caste, either being raised to a higher one or being degraded to a lower one. 22
23. The venerable teacher declares (that this happens) in the fifth (generation). 23
24. And (the same rule applies) to those born (from parents of different classes that are) intermediate between (two of the castes originally) created (by Brahman). 24
25. But those born in the inverse order (from fathers of a lower and mothers of a higher caste stand) outside (the pale of) the sacred law, 25
26. As well as (those born in the regular order) from a female of the Sûdra caste. 26
27. But he whom a Sûdra (begets) on a female of unequal caste shall be treated like an outcast. 27
28. The last (named, the Kandâla), is the foulest. 28
29. Virtuous sons (born of wives of equal caste) and wedded according to approved rites sanctify (their father's family).
30. (A son born of a wife married) according to the Ârsha rite (saves) three ancestors (from hell), 30
31. (A son born of a wife married) according to the Daiva rite ten, 31
32. (A son born of a wife married) according to the Prâgâpatya rite, also ten. 32
33. (But) the son of a wife married according to the Brâhma rite (saves) ten ancestors, ten descendants, and himself. 33
1. (A householder) shall approach (his wife) in the proper season, 1
2. Or (he may do so) at any time except on the forbidden (days). 2
3. He shall worship gods, manes, men, goblins, (and) Rishis. 3
4. Every day he shall recite privately (a portion of the Veda), 4
5. And the (daily) libation of water to the manes (is obligatory on him). 5
6. Other (rites than these he may perform) according, to his ability. 6
7. The (sacred) fire (must be kindled) on his marriage or on the division of the family estate. 7
8. The domestic (ceremonies must be performed) with (the aid of) that (fire). 8
9. (Also) the sacrifices to the gods, manes, (and) men? and the private recitation (and) the Bali-offerings. 9
10. The oblations (which are thrown) into the (sacred) fire (at the Vaisvadeva-sacrifice are offered) to Agni, to Dhanvantari, to all the gods, to Pragâpati, (and to Agni) Svishtakrit; 10
11. And (Bali-offerings must be given) to the deities presiding over the (eight) points of the horizon, in their respective places, 11
12. At the doors (of the house) to the Maruts, 12
13. To the deities of the dwelling inside (the house), 13
14. To Brahman in the centre (of the house), 14
15. To the Waters near the water-pot,
16. To the Ether in the air, 16
17. And to the Beings walking about at night in the evening. 17
18. A gift of food shall be preceded by a libation of water and (it shall be presented) after (the recipient) has been made to say, 'May welfare attend thee,' 18
19. And the same (rule applies) to all gifts presented for the sake of spiritual merit.
20. The reward of a gift (offered) to a person who is not a Brâhmana is equal (to the value of the gift), those (of presents given) to a Brâhmana twofold, to a Srotriya thousandfold, to one who knows the whole Veda (vedapâraga) endless. 20
21. Presents of money (must be given) outside the Vedi to persons begging for their Gurus, (or) in order to defray the expenses of their wedding, (or 21 to procure) medicine for the sick, to those who are without means of subsistence, to those who are going to offer a sacrifice, to those engaged in study, to travellers, (and) to those who have performed the Visvagit-sacrifice.
22. Prepared food (must be given) to other beggars. 22
23. For an unlawful purpose he shall not give (anything), though he may have promised it. 23
24. An untruth spoken by people under the influence of anger, excessive fear, pain (or) greed, by infants, very old men, persons labouring under a delusion, those being under the influence of drink (or) by mad men does not cause (the speaker) to fall. 24
25. Before (a householder eats) he shall feed his guests, the infants, the sick people, the pregnant women, the females under his protection, the very aged men, and those of low condition (who may be in his house). 25
26. But (when) his teacher, parents (or intimate) friends (visit his house), he shall proceed to the preparation of the dinner after asking them (for orders). 26
27. When an officiating priest, his teacher, his father-in-law, paternal or maternal uncles visit (him), a Madhuparka (or honey-mixture must be offered to them). 27
28. (If they have been once honoured in this manner, the ceremony need be) repeated (only) after a year.
29. (But) on (the occasion of) a sacrifice and of the wedding (a Madhuparka must be offered, though) less than a year (has passed since the last visit of the persons thus honoured).
30. And to a king) who is a Srotriya (a Madhuparka must be offered as often as he comes), 30
31. (But to a king) who is not a Srotriya a seat and water. 31
32. But for a Srotriya he shall cause to be prepared a foot-bath, an Arghya, and food of a superior quality. 32
33. Or his usual food distinguished by a (particularly careful) preparation. 33
34. To a (Brâhmana) who is not learned in the Vedas, (but) of good conduct, food of a middling (quality) shall be given, 34
35. To one who is the reverse (of virtuous) grass, water, and earth,
36. (Or) at least a welcome. 36
37. Honour (must be shown to a guest, and the host must) not dine better (than his guest). 37
38. A couch, a seat, (and) a lodging (of the) same (quality as the host uses must be given) to (a guest) of equal condition and to one's betters; they must be accompanied (on departure) and respectfully attended to (during their stay). 38
39. (The host shall show similar) though less (attention) to (a guest) who is inferior (to himself). 39
40. He is called a guest who, belonging to a different village (and) intending to stay for one night only, arrives when the sun's beams pass over the trees. 40
41. According (to his caste a guest) must be asked about his well-being (kusala), about his being free from hurt (anâmaya), or about his health (ârogya). 41
42. The last (formula must also be used in addressing a Sûdra.
43. A man of a lower caste (is) not (to be considered) a guest by a Brâhmana, except if he has approached on (the occasion of) a sacrifice. 43
44. But a Kshatriya must be fed after the Brâhmana (guests).
45. (Men of) other (castes he shall feed) with his servants for mercy's sake.
1. (To salute) every day on meeting (by) an embrace of the feet, 1
2. And (particularly) on return from a journey,
3. (Is prescribed in the case) of parents, of their blood relations, of elder (brothers), of persons venerable 3
on account, of their learning, and of the Gurus of the latter.
4. On meeting (several persons, to whom such a salutation is due), together, the most venerable (must be saluted first). 4
5. On meeting persons who understand (the rule of returning salutes) one shall salute (them) pronouncing one's name, and (saving) 'I N. N. (ho! salute thee).' 5
6. Some (declare that) there is no restrictive rule for salutations between man and wife. 6
7. (The feet of) other female (relations) than the mother, a paternal uncle's wife and (elder) sisters (need) not (be embraced, nor need they be saluted) except on return from a journey. 7
8. The feet of wives of brothers and of the mother-in-law (need) not be embraced (on any occasion).
9. But (on the arrival of an) officiating priest, a father-in-law, paternal and maternal uncles who are younger (than oneself), one must rise; they need not be saluted (as prescribed above, Sûtra 5). 9
10. In like manner (any) other aged fellow-citizen, even a Sûdra of eighty years and more, (must be honoured) by one young enough to be his son, 10
11. (And) an Ârya, though (he be) younger, by a Sûdra; 11
12. And he shall avoid (to pronounce) the name of that (person who is worthy of a salutation). 12
13. And an official who (is) not (able to) recite (the Veda shall avoid to pronounce the name) of the king.
14. A contemporary who is born on the same day (shall be addressed with the terms) bhoh or bhavan (your honour), 14
15. (Likewise) a fellow-citizen who is ten years older (than oneself), 15
16. (Also) an artist who is five years (older), 16
17. And a Srotriya belonging to one's own Vedic school who is three years older, 17
18. (Further), Brâhmanas destitute of learning and those who follow the occupations of Kshatriyas or Vaisyas, 18
19. And (a contemporary) who has performed the Dîkshanîyeshti of a Soma-sacrifice before he buys (the Soma).
20. Wealth, relations, occupation, birth, learning, and age must be honoured; (but) each later named 20 [paragraph continues] (quality) is more important (than the preceding ones).
21. But sacred learning is more important than all (other good qualities), 21
22. Because that is the root of the sacred law,
23. And because the Veda (expressly declares it). 23
24. Way must be made for a man seated in a carriage, for one who is in his tenth (decade), for one requiring consideration, for a woman, for a Snâtaka, and for a king. 24
25. But a king (must make way) for a Srotriya. 25
1. The rule for (times of) distress (is) that a Brâhmana may study under a teacher who is not a Brâhmana. 1
2. (A student is bound) to walk behind and to obey (his non-Brahmanical teacher). 2
3. (But), when (the course of study) has been finished, the Brâhmana (pupil is more) venerable (than his teacher). 3
4. (In times of distress it is permissible) to offer 4
sacrifices for (men of) all (castes), to teach (them), and to accept (presents from them).
5. Each preceding (mode of living is) preferable (to those named later). 5
6. On failure of the (occupations lawful for a Brâhmana) he may live by the occupations of a Kshatriya. 6
7. On failure of those, he may live by the occupations of a Vaisya. 7
8. (Goods) that may not be sold by a (Brâhmana are),
9. Perfumes, substances (used for) flavouring (food), prepared food, sesamum, hempen and linen cloth, skins, 9
10. Garments dyed red or washed, 10
11. Milk and preparations from it, 11
12. Roots, fruits, flowers, medicines, honey, flesh, grass, water, poison,
13. Nor animals for slaughter,
14. Nor, under any circumstances, human beings, heifers, female calves, cows big with young. 14
15. Some (declare, that the traffic in) land, rice, barley, goats, sheep, horses, bulls, milch-cows, and draught-oxen (is) likewise (forbidden). 15
16. But (it is permissible) to barter, 16
17. One kind of substances used for flavouring others,
18. And animals (for animals).
19. Salt and prepared food (must) not (be bartered), 19
20. Nor sesamum.
21. But for present use an equal (quantity of) uncooked (food may be exchanged) for cooked (food).
22. But if no (other course is) possible (a Brâhmana) may support himself in any way except by (following the occupations) of a Sûdra. 22
23. Some (permit) even this in case his life is in danger.
24. But to mix with that (caste) and forbidden food must be avoided (even in times of distress). 24
25. If his life is threatened, even a Brâhmana may use arms. 25
26. (In times of distress) a Kshatriya (may follow) the occupations of a Vaisya. 26
1. A king and a Brâhmana, deeply versed in the Vedas, these two, uphold the moral order in the world. 1
2. On them depends the existence of the fourfold human race, of internally conscious beings, of those which move on feet and on wings, and of those which creep, 2
3. (As well as) the protection of offspring, the prevention of the confusion (of the castes and) the sacred law. 3
4. He is (called) deeply versed in the Vedas, 4
5. Who is acquainted with the (ways of the) world, the Vedas (and their) Aṅgas (auxiliary sciences),
6. Who is skilled in disputations (and), in (reciting) legends and the Purâna,
7. Who looks to these (alone), and lives according to these,
8. Who has been sanctified by the forty sacraments (samskâra), 8
9. Who is constantly engaged in the three occupations (prescribed for all twice-born men), 9
10. Or in the six (occupations prescribed specially for a Brâhmana), 10
11. (And) who is well versed in the duties of 11 daily life settled by the agreement (of those who know the law).
12. (Such a Brâhmana) must be allowed by the king immunity from (the following) six (kinds of opprobrious treatment): 12
13. (I.e.) he must not be subjected to corporal punishment, he must not be imprisoned, he must not be fined, he must not be exiled, he must not be reviled, nor be excluded.
14. The Garbhâdhâna (or ceremony to cause conception), the Pumsavana (or ceremony to cause the birth of a male child), the Sîmantonnayana (or arranging the parting of the pregnant wife's hair), the Gâtakarman (or ceremony on the birth of the child), the ceremony of naming the child, the first feeding, the Kaula (or tonsure of the head of the child), the initiation, 14
15. The four vows (undertaken) for the study of the Veda, 15
16. The bath (on completion of the studentship), 16 the taking of a help-mate for the fulfilment of the religious duties, the performance of the five sacrifices to gods, manes, men, goblins, and Brahman,
17. And (the performance) of the following (sacrifices):
18. The seven kinds of Pâkayagñas (or small sacrifices),viz. the Ashtakâ, the Pârvana Sthâlîpâka, offered on the new and full moon days), the funeral oblations, the Srâvanî, the Âgrahâyanî, the Kaitrî, and the Âsvayugî; 18
19. The seven kinds of Haviryagñas, viz. the Agnyâdheya, the Agnihotra, the Darsapaurnamâsas, the Âgrayana, the Kâturmâsyas, the Nirûdhapasubandha, and the Sautrâmanî; 19
20. The seven kinds of Soma-sacrifices, viz. the Agnishtoma, the Atyagnishtoma, the Ukthya, the Shodasin, the Atirâtra, and the Aptoryâma;
21. These are the forty sacraments.
22. Now (follow) the eight good qualities of the soul, 22
23. (Viz.) compassion on all creatures, forbearance, freedom from anger, purity, quietism, auspiciousness, freedom from avarice, and freedom from covetousness. 23
24. He who is sanctified by these forty sacraments, but whose soul is destitute of the eight good qualities, will not be united with Brahman, nor does he reach his heaven.
25. But he, forsooth, who is sanctified by a few only of these forty sacraments, and whose soul is endowed with the eight excellent qualities, will be united with Brahman, and will dwell in his heaven.
1. Such (a man) shall bathe, after (having fulfilled) the, law (regarding studentship), take unto him a wife, and, fulfilling the duties of a householder which have been declared above, in addition obey the following ordinances 1
2. (He shall be) always pure (and) sweet-smelling (and) bathe frequently. 2
3. If he possesses wealth, he shall not be dressed in old or dirty clothes; 3
4. Nor shall he wear dyed or sumptuous garments, nor such as have been worn (before) by others,
5. Nor a garland and shoes (that have been worn by others). 5
6. (He may wear a cast-off garment) which has been washed, if he is unable (to afford a new one). 6
7. He shall not allow his beard to grow without a (sufficient) reason. 7
8. He shall not carry water and fire at the same time. 8
9. He shall not drink out of his joined hands. 9
10. He shall not sip water standing, nor (shall he sip) water drawn up (from a well), 10
11. Nor (water) that is offered by a Sûdra or an impure man, or that has been taken up with one hand. 11
12. Facing or within sight of wind, fire, Brâhmanas, the sun, water, (images of the) gods, and cows he shall not eject urine or fæces or other impurities. 12
13. He shall not stretch out his feet towards those divine beings. 13
14. He shall not remove urine or fæces with leaves, clods of earth, or stones. 14
15. He shall not stand upon ashes, hair, nail (parings), husks (of grain), pot-sherds, or impure substances. 15
16. He shall not converse with barbarians, impure or wicked men. 16
17. If he has conversed (with such persons), he shall meditate on virtuous (men),
18. Or he may speak with a Brâhmana. 18
19. He shall call (a cow that is) not a milch-cow a cow that will become a milch-cow. 19
20. (An event) that is not lucky (he shall call) lucky.
21. (In speaking of) a skull (he shall use the word) bhagâla instead of kapâla,
22. (And in speaking of) a rainbow, manidhanus (the jewelled bow) instead of indradhanus, (Indra's bow). 22
23. Let him not announce it to others, if a cow suckles (her calf), 23
24. Nor let him prevent her (from doing it). 24
25. After conjugal intercourse he shall at once clean himself 25
26. Let him not recite the daily portion of the Veda (lying) on that couch (on which he lies with his wife). 26
27. And when he has studied during the third watch of the night, he shall not again retire to rest. 27
28. Let him not have intercourse with his wife when she is ill,
29. Nor during her courses; 29
30. Nor let him embrace her (during that period),
31. Nor an unmarried female.
32. He shall avoid to blow the fire with his mouth, to contend with words, to show himself covered with perfumed ointments or wearing garlands, to scratch himself with any impure (implement), to take his meals with his wife, to look at (a woman) who is anointing herself, to enter (his village) by a back-gate, to wash one foot with the other, to eat food deposited on a chair, to cross a river swimming, to ascend trees and dangerous (places), or to descend therefrom, and to imperil his life (in any other manner). 32
33. Let him not ascend a ship (of) doubtful (solidity). 33
34. He shall protect himself by all (possible) means.
35. In the day-time he shall not wrap up his head while walking about; 35
36. But at night he shall cover it,
37. And while voiding urine and fæces.
38. (Let him) not (ease nature) without (first) covering the ground (with grass or the like), 38
39. Nor close to his dwelling, 39
40. Nor on ashes, on cow-dung, in a ploughed field, in the shade (of a tree), on a road, in beautiful (spots). 40
41. Let him eject both urine and fæces, facing the north in the day-time, 41
42. And in the twilight,
43. But at night, facing the south. 43
44. Let him avoid to use a seat, clogs, a stick for cleaning the teeth (and other implements) made of Palâsa-wood. 44
45. With shoes on (his feet), he shall not eat, sit down, salute, or worship (the gods). 45
46. Let him not pass idly (any part of the day, be it) morning, midday, or evening; (but) according to his ability (he shall make each useful) by the acquisition of spiritual merit or of wealth, and by taking his pleasure. 46
47. But among those (three aims of human life) he shall chiefly attend to the acquisition of spiritual merit. 47
48. Let him not look at a naked woman wedded to another man. 48
49. Let him not draw a seat towards himself with his foot.
50. He shall keep his organ, his stomach, his hands, his feet, his tongue, and his eyes under due restraint. 50
51. Let him avoid to cut, to break, to scratch, and to crush (anything), or to make (his joints) crack, without a (sufficient) reason. 51
52. Let him not step over a rope (to which) a calf (is tied). 52
53. Let him not be a stay-at-home.
54. Let him not go to (perform) a sacrifice without being chosen (to officiate as priest).
55. But at his pleasure (he may go) to see it.
56. Let him not eat food (that he has placed) in his lap, 56
57. Nor what has been brought at night by a servant. 57
58. He shall not eat (substances) from which the fat has been extracted, Such as milk from which the cream has separated, butter, oil-cake, buttermilk, and the like. 58
59. But he shall take his meals in the morning and in the evening, blessing his food, not grumbling at it. 59
60. He shall never sleep naked at night; 60
61. Nor shall he bathe (naked); 61
62. And he shall perform whatever (else) aged (Brâhmanas), of subdued senses, who have been properly obedient (to their teachers), who are free from deceit, covetousness, and error, and who know the Vedas, declare (to be right). 62
63. In order to acquire wealth and for the sake of security he may go to a ruling (king), 63
64. (But) to no other (being) except the gods, his Gurus, and righteous (Brâhmanas).
65. He shall seek to dwell in a place where firewood, water, fodder, Kusa grass, (materials for making) garlands and roads exist in abundance, which is chiefly inhabited by Âryans, which is rich in industrious (men), and which is governed by a righteous (ruler). 65
66. He shall pass excellent (beings and things), 66 auspicious (objects), temples of the gods, crossroads, and the like with his right turned towards them.
67. The rule for times of distress (is, that) he shall mentally perform all (that is required by the rule of) conduct. 67
68. He shall always speak the truth. 68
69. He shall conduct himself (as becomes) an Âryan.
70. He shall instruct virtuous (men only). 70
71. He shall follow the rules of purification taught (in the Sâstras). 71
72. He shall take pleasure in the (study of the) Veda. 72
73. He shall never hurt (any being), he shall be gentle, (yet) firm, ever restrain his senses, and be liberal. 73
74. A Snâtaka who conducts himself in this manner will liberate his parents, his ancestors, and descendants from evil, and never fall from Brahman's heaven. 74
1. (The lawful occupations common) to (all) twice-born men are studying the (Veda), offering sacrifices (for their own sake), and giving (alms). 1
2. Teaching, performing sacrifices for others, and receiving alms (are) the additional (occupations) of a Brâhmana. 2
3. But the former (three) are obligatory (on him). 3
4. Instruction in the Veda (may be given) without the above-mentioned (vows and ceremonies) in case a teacher, blood relations, friends or Gurus (receive it), and in case (the Veda) is exchanged for money or learning. 4
5. Agriculture and trade (are) also (lawful for a Brâhmana) provided he does not do the work himself, 5
6. Likewise lending money at interest.
7. To protect all created beings is the additional (occupation) of a king, 7
8. And to inflict lawful punishments.
9. He shall support (those) Srotriyas, (who are) Brâhmanas, 9
10. And people unable to work, (even if they are) not Brâhmanas,
11. And those who are free from taxes, 11
12. And (needy) temporary students. 12
13. And (to take) measures for ensuring victory (is another duty of a king), 13
14. Especially when danger (from foes threatens the kingdom);
15. And (to learn) the management of chariots and the use of the bow (is a further duty of the king),
16. As well as to stand firm in battle and not to turn back. 16
17. No sin (is committed) by injuring or slaying (foes) in battle, 17
18. Excepting those who have lost their horses, charioteers, or arms, those who join their hands (in supplication), those who flee with flying hair, those who sit down with averted faces, those who have climbed (in flight) on eminences or trees, messengers, and those who declare themselves to be cows or Brâhmanas.
19. If another Kshatriya is supported by (the king), he shall follow the same occupations as his (master).
20. The victor shall receive the booty gained in battle. 20
21. But chariots and animals used for riding (belong) to the king,
22. And a preferential share, except when the booty has been gained in single combat. 22
23. But the king shall equitably divide (all) other (spoils).
24. Cultivators (must) pay to the king a tax 24 (amounting to) one-tenth, one-eighth, or one-sixth (of the produce).
25. Some declare, that (there is a tax) also on cattle and gold, (viz.) one-fiftieth (of the stock). 25
26. In the case of merchandise one-twentieth (must be paid by the seller) as duty, 26
27. (And) of roots, fruits, flowers, medicinal herbs, honey, meat, grass, and firewood one-sixtieth. 27
28. For it is the duty (of the king) to protect the (tax-payers). 28
29. But to (the collection of) these (taxes) he shall always pay particular attention. 29
30. He shall live on the surplus. 30
31. Each artisan shall monthly do one (day's) work (for the king). 31
32. Hereby (the taxes payable by) those who 32 support themselves by personal labour have been explained,
33. And (those payable by) owners of ships and carts.
34. He for him must feed these (persons while they work).
35. The merchants shall (each) give (every month one) article of merchandise for less than the market value.
36. Those who find lost (property) the owner of which is not (known), shall announce it to the king. 36
37. The king shall cause it to be proclaimed (by the public crier), and (if the owner does not appear) hold it in his custody for a year.
38. Afterwards one-fourth (of the value goes) to the finder (and) the remainder to the king.
39. A (man becomes) owner by inheritance, purchase, partition, seizure, or finding. 39
40. Acceptance is for a Brâhmana an additional (mode of acquisition);
41. Conquest for a Kshatriya;
42. Gain (by labour) for a Vaisya or Sûdra.
43. Treasure-trove is the property of the king, 43
44. Excepting (such as is found) by a Brâhmana who lives according to (the law). 44
45. Some declare, that a finder of a non-Brâhmanical caste even, who announces (his find to the king), shall obtain one-sixth (of the value).
46. Having recovered property stolen by thieves, he shall return it to the owner; 46
47. Or (if the stolen property is not recovered) he shall pay (its value) out of his treasury. 47
48. The property of infants must be protected until they attain their majority or complete their studentship. 48
49. The additional (occupations) of a Vaisya are, agriculture, trade, tending cattle, and lending money at interest. 49
50. The Sûdra (belongs to) the fourth caste, which has one birth (only). 50
51. For him also (are prescribed) truthfulness, meekness, and purity. 51
52. Some (declare), that instead of sipping water, he shall wash his hands and feet.
53. (He shall also offer) the funeral oblations, 53
54. Maintain those depending upon him,
55. Live with his wife (only), 55
56. And serve the higher (castes). 56
57. From them he shall seek to obtain his livelihood. 57
58. (He shall use their) cast-off shoes, umbrellas, garments, and mats (for sitting on), 58
59. (And) eat the remnants of their food;
60. And (he may) live by (practising) mechanical arts; 60
61. And the Ârya under whose protection he places himself, must support him even if he (becomes) unable to work.
62. And a man of higher caste (who is his master and has fallen into distress must be maintained) by him.
63. His hoard shall serve this purpose.
64. If permission has been given to him, he may use the exclamation namah (adoration) as his Mantra.
65. Some (declare), that he himself may offer the Pâkayagñas. 65
66. And all men must serve those who belong to higher castes.
67. If Âryans and non-Âryans interchange their occupations and conduct (the one taking that of the other, there is) equality (between them). 67
1. The king is master of all, with the exception of Brâhmanas. 1
2. (He shall be) holy in acts and speech, 2
3. Fully instructed in the threefold (sacred science) and in logic, 3
4. Pure, of subdued senses, surrounded by companions 4 possessing excellent qualities and by the means (for upholding his rule).
5. He shall be impartial towards his subjects; 5
6. And he shall do (what is) good for them. 6
7. All, excepting Brâhmanas, shall worship him who is seated on a higher seat, (while they them-selves sit on a) lower (one). 7
8. The (Brâhmanas), also, shall honour him. 8
9. He shall protect the castes and orders in accordance with justice; 9
10. And those who leave (the path of) duty, he shall lead back (to it). 10
11. For it is declared (in the Veda) that he obtains a share of the spiritual merit (gained by his subjects). 11
12. And he shall select as his domestic priest (purohita) a Brâhmana who is learned (in the Vedas), of noble family, eloquent, handsome, of (a suitable) age, and of a virtuous disposition, who lives righteously and who is austere. 12
13. With his assistance he shall fulfil his religious duties. 13
14. For it is declared (in the Veda): 'Kshatriyas, who are assisted by Brâhmanas, prosper and do not fall into distress.' 14
15. He shall, also, take heed of that which astrologers and interpreters of omens tell (him).
16. For some (declare), that the acquisition of wealth and security depend also upon that.
17. He shall perform in the fire of the hall the rites ensuring prosperity which are connected with expiations (sânti), festivals, a prosperous march, long life, and auspiciousness; as well as those that are intended to cause enmity, to subdue (enemies), to destroy (them) by incantations, and to cause their misfortune. 17
18. Officiating priests (shall perform) the other (sacrifices) according to the precepts (of the Veda). 18
19. His administration of justice (shall be regulated by) the Veda, the Institutes of the Sacred Law, the Aṅgas, and the Purâna. 19
20. The laws of countries, castes, and families, which are not opposed to the (sacred) records, (have) also authority. 20
21. Cultivators, traders, herdsmen, money-lenders, and artisans (have authority to lay down rules) for their respective classes.
22. Having learned the (state of) affairs from those who (in each class) have authority (to speak he shall give) the legal decision. 22
23. Reasoning is a means for arriving at the truth. 23
24. Coming to a conclusion through that, he shall decide properly.
25. If (the evidence) is conflicting, he shall learn (the truth) from (Brâhmanas) who are well versed in 25 the threefold sacred lore, and give his decision (accordingly).
26. For, (if he acts) thus, blessings will attend him (in this world and the next). 26
27. It has been declared in the Veda: 'Brâhmanas, united with Kshatriyas, uphold gods, manes, and men.
28. They declare, that (the word) danda (rule or punishment) is derived from (the verb) damayati (he restrains); therefore he shall restrain those who do not restrain themselves.
29. (Men of) the (several) castes and orders who always live according to their duty enjoy after death the rewards of their works, and by virtue of a remnant of their (merit) they are born again in excellent countries, castes, and families, (endowed) with beauty, long life, learning in the Vedas, (virtuous) conduct, wealth, happiness, and wisdom. 29
30. Those who act in a contrary manner perish, being born again in various (evil conditions). 30
31. The advice of the spiritual teacher and the punishment (inflicted by the king) guard them. 31
32. Therefore a king and a spiritual teacher must not be reviled. 32
1. A Sûdra who intentionally reviles twice-born men by criminal abuse, or criminally assaults them with blows, shall be deprived of the limb with which he offends. 1
2. If he has criminal intercourse with an Âryan woman, his organ shall be cut off, and all his property be confiscated. 2
3. If (the woman had) a protector, he shall be executed after (having undergone the punishments prescribed above). 3
4. Now if he listens intentionally to (a recitation of) the Veda, his ears shall be filled with (molten) tin or lac.
5. If he recites (Vedic texts), his tongue shall be cut out.
6. If he remembers them, his body shall be split in twain.
7. If he assumes a position equal (to that of twice-born men) in sitting, in lying down, in conversation or on the road, he shall undergo (corporal) punishment. 7
8. A Kshatriya (shall be fined) one hundred (Kârshâpanas) if he abuses a Brâhmana, 8
9. In case of an assault, twice as much.
10. A Vaisya (who abuses a Brâhmana, shall pay) one and a half (times as much as a Kshatriya). 10
11. But a Brâhmana (who abuses) a Kshatriya (shall pay) fifty (Kârshâpanas), 11
12. One half of that (amount if he abuses) a Vaisya, 12
13. (And if he abuses) a Sûdra, nothing. 13
14. A Kshatriya and a Vaisya (who abuse one another shall pay the same fines) as a Brâhmana and a Kshatriya. 14
15. (The value of) property which a Sûdra unrighteously acquires by theft, must be repaid eightfold. 15
16. For each of the other castes (the fines must be) doubled. 16
17. If a learned man offends, the punishment shall be very much increased. 17
18. If fruits, green corn, and vegetables are appropriated in small amounts, (the fine is) five Krishnalas (of copper). 18
19. If damage is done by cattle, the responsibility falls on the owner.
20. But if (the cattle) were attended by a herdsman, (it falls) on the latter. 20
21. (If the damage was done) in an unenclosed field near the road, (the responsibility falls) on the herdsman and on the owner of the field.
22. Five Mâshas (are the fine to be paid) for (damage done by) a cow, 22
23. Six for a camel or a donkey,
24. Ten for a horse or a buffalo,
25. Two for each goat or sheep.
26. If all is destroyed, (the value of) the whole crop (must be paid and a fine in addition).
27. If (a man) always neglects the prescribed (duties) and does that which is forbidden, his property beyond (the amount required for) raiment and food shall be taken from him (until he amends). 27
28. He may take, as his own, grass for a cow, and fuel for his fire, as well as the flowers of creepers and trees and their fruit, if they be unenclosed. 28
29. The legal interest for money lent (is at the rate of) five Mâshas a month for twenty (Kârshâpanas). 29
30. Some (declare, that this rate should not be paid) longer than a year. 30
31. If (the loan) remains outstanding for a long time, the principal may be doubled (after which interest ceases). 31
32. A loan secured by a pledge that is used (by the creditor) bears no interest; 32
33. Nor money tendered, nor (a debt due by a debtor) who is forcibly prevented (from paying). 33
34. (Special forms of interest are) compound interest, periodical interest, 34
35. Stipulated interest, corporal interest, daily interest, and the use of a pledge. 35
36. The interest on products of animals, on wool, on the produce of a field, and on beasts of burden (shall) not (increase) more than the fivefold (value of the object lent). 36
37. The property of (a person who is) neither an idiot nor a minor, having been used by strangers before his eyes for ten years, (belongs) to him who uses it, 37
38. (But) not (if it is used) by Srotriyas, ascetics, or royal officials. 38
39. Animals, land, and females are not lost (to the owner) by (another's) possession. 39
40. The heirs shall pay the debts (of a deceased person). 40
41. Money due by a surety, a commercial debt, a fee (due to the parents of the bride), debts contracted for spirituous liquor or in gambling, and a fine shall not involve the sons (of the debtor). 41
42. An (open) deposit, a sealed deposit, an object lent for use, an object bought (but not paid), and a pledge, being lost without the fault of the holder, (shall not involve) any blameless person. 42
43. A man who has stolen (gold) shall approach the king, with flying hair, holding a club in his hand, and proclaim his deed. 43
44. Whether he be slain or be pardoned, he is purified (of his guilt).
45. If the king does not strike, the guilt falls on him. 45
46. Corporal punishment (must) not (be resorted to in the case) of a Brâhmana. 46
47. Preventing (a repetition of) the deed, publicly proclaiming his crime, banishment, and branding (are the punishments to which a Brâhmana, may be subjected). 47
48. That (king) who does not do his duty (by inflicting punishment) becomes liable to perform a penance. 48
49. (A man who) knowingly (becomes) the servant (of a thief shall be treated) like a thief, 49
50. Likewise he who (knowingly) receives (goods) from (a thief or) an unrighteous man.
51. The award of the punishment (must be regulated) by a consideration (of the status) of the criminal, of his (bodily) strength, of (the nature of) the crime, and whether the offence has been repeated. 51
52. Or a pardon (may be given) in accordance with the opinion of an assemblage of persons learned in the Vedas.
1. In disputed cases the truth shall be established by means of witnesses. 1
2. The (latter) shall be many, faultless as regards the performance of their duties, worthy to be trusted by the king, and free from affection for, or hatred against either (party). 2
3. (They may be) Sûdras even. 3
4. But a Brâhmana must not be forced (to give evidence) at the word of a non-Brâhmana, except if he is mentioned (in the plaint). 4
5. (Witnesses) shall not speak singly or without being asked, 5
6. And if, (being asked,) they do not answer, they are guilty of a crime. 6
7. Heaven is their reward, if they speak the 7 truth; in the contrary case hell (will be their portion).
8. (Persons) not mentioned (in the plaint), must also give evidence.
9. No objection (can be raised against witnesses) in a case of (criminal) hurt, 9
10. Nor if they have spoken inadvertently. 10
11. If the sacred law or the rules (referring to worldly matters) are violated,. the guilt (falls) on the witnesses, the assessors, the king, and on the offender. 11
12. Some (declare, that the witnesses) shall be charged on oath to speak the truth. 12
13. In the case of others than Brâhmanas that (oath shall be sworn) in the presence of the gods, of the king, and of Brâhmanas.
14. By false evidence concerning small cattle a witness kills ten, 14
15. (By false evidence) regarding cows, horses, men, or land, in each succeeding case ten times as many (as in the one mentioned before),}
16. Or (by false evidence) regarding land the whole (human race).
17. Hell (is the punishment) for a theft of land.
18. (By false evidence) concerning water (he incurs) the same (guilt) as (for an untruth) about land,
19. Likewise (by false evidence) regarding (criminal) intercourse.
20. (By false evidence) regarding honey or clarified butter (he incurs) the same (guilt) as (by an untruth) about small cattle,
21. (By false evidence) about clothes, gold, grain, and the Veda, the same as (by an untruth) about kine,
22. (And by false evidence) regarding a carriage (or a beast of burden) the same as (by an untruth) about horses.
23. A witness must be reprimanded and punished for speaking an untruth. 23
24. No guilt is incurred by giving false evidence, in case the life (of a man) depends thereon. 24
25. But (this. rule does) not (hold good) if the life of a very wicked (man depends on the evidence of a witness).
26. The king, or the judge, or a Brâhmana learned in the Sâstras (shall examine the witnesses). 26
27. (The litigant) shall humbly go to seek the judge. 27
28. If (the defendant) is unable to answer (the plaint) at once, (the judge) may wait for a year. 28
29. But (in an action) concerning kine, draught oxen, women, or the procreation (of offspring), the defendant (shall answer) immediately, 29
30. Likewise in a case that will suffer by delay.
31. To speak the truth before the judge is more important than all (other) duties.
1. The Sapindas become impure by the death (of a relative) during ten (days and) nights, except those who officiate as priests, who have performed the Dîkshanîyeshti (or initiatory ceremony of a Srauta sacrifice), and those who are students. 1
2. (The impurity) of a Kshatriya lasts for eleven (days and) nights, 2
3, (That) of a Vaisya twelve (days and) nights,
4. (Or), according to some, half a month,
5. (And that) of a Sûdra a whole month. 5
6. If during (a period of impurity) another (death) happens, the (relatives) shall be pure after (the lapse of) the remainder of that (first period). 6
7. (But) if one night (only of the period of impurity) remains (and another death happens, they shall become pure) after (the lapse of) two (days and nights).
8. (If the second death happens) on the morning (after the completion of the period of impurity, they shall be purified) after three (days and nights).
9. (The relatives) of those who are slain for the sake of cows and Brâhmanas (become pure) immediately after the burial, 9
10. And (those of men destroyed) by the anger of the king, 10
11. (Further, those of men killed) in battle,
12. Likewise (those) of men who voluntarily (die) by starving themselves to death, by weapons, fire, poison, or water, by hanging themselves, or by jumping (from a precipice). 12
13. Sapinda-relationship ceases with the fifth or the seventh (ancestor). 13
14. (The rules regarding impurity caused by the 14 death of a relative apply) to the birth (of a child) also.
15. (In) that (case the impurity falls) on the parents,
16. Or on, the mother (alone).
17. (The impurity) for a miscarriage (lasts for a number of days and) nights equal to (the number of) months from conception, 17
18. Or three days.
19. And if he hears (of the death of a Sapinda) after (the lapse of) ten (days and nights, the impurity lasts for) one night together with the preceding and following days,
20. Likewise when a relative who is not a Sapinda, a relative by marriage, or a fellow-student (has died). 20
21. For a man who studies the same recension of the Veda (the impurity lasts) one day, 21
22. Likewise for a Srotriya who dwells in the same house. 22
23. On touching (i.e. on carrying out) a corpse from an interested motive, the impurity lasts for ten days. 23
24. (The duration of the impurity) of a Vaisya and of a Sûdra (in the same case) has been declared (by Sûtras 3-5).
25. Or (it shall last for these two) as many nights as there are seasons (in the year); 25
26. And (the same rule may be made applicable) to the two higher (castes).
27. Or (the impurity lasts) three days.
28. And if the teacher, his son or wife, a person for whom (a Brâhmana) sacrifices or a pupil (has been carried out, the duration of the impurity is) the same. 28
29. And if a man of lower caste carries, out (the corpse of) one of higher caste, or a man of higher caste (carries out the body of) one of lower caste, (the duration of) the impurity in these (cases) is determined by (the caste of) the dead man.
30. On touching an outcast, a Kandâla, a woman impure on account of her confinement, a woman in her courses, or a corpse, and on touching persons who have touched them, he shall purify himself by bathing dressed in his clothes, 30
31. Likewise if he has followed a corpse (that was being carried out), 31
32. And (if he has come into contact) with a dog. 32
33. Some (declare), that (the limb) which (a dog) may touch (must be washed).
34. The Sapindas shall offer (libations of) water for (a deceased relative) whose Kaula-karman (or tonsure) has been performed, 34
35. As well as for the wives and daughters of such (a person).
36. Some (declare, that it must be done in the case) of married female relatives (also). 36
37. (During the period of impurity) all (the mourners) shall sleep and sit on the ground and remain chaste. 37
38. They shall not clean (themselves);
39. Nor shall they eat meat until (the funeral oblation) has been offered. 39
40. On the first, third, fifth, seventh, and ninth (days after the death) water (mixed with sesamum) must be offered.
41. And the garments (worn during that ceremony) must be changed,
42. But on the last (day they must be given) to men of the lowest castes.
43. The parents (shall offer water for a son who dies) after he has teethed.
44. If infants, (relatives) who live in a distant country, those who have renounced domestic life, and those who are not Sapindas, (die), the purification is instantaneous. 44
45. Kings (remain always pure), lest their business be impeded, 45
46. And a Brâhmana, lest his daily study of the Veda be interrupted. 46
Suggestions for Further Reading
- Dharma, the Moral and Religious Duties of Hinduism
- Ashrama Dharma in Hinduism
- Good and Evil in Hinduism
- Why is Hinduism Called Sanatana Dharma?
- Wealth and Duty in Hinduism
- The Basis of Morality in Hinduism
- The Bhagavadgita on Karma, the Law of Actions
- Karma Yoga According to the Bhagavadgita
- The Hindu Dharmashastras, Subject Index
- A Brief Note on the Dharmashastras
- The Laws of Manu Chapter 1 to 6
- The Laws of Manu Chapters 7 to 12
- Introduction to the Apastamba
- The Apastamba - Prasna I
- The Apastamba - Prasna II
- Introduction to Gautama Sutras
- The Gautama Sutras, Chapters I to XIV
- The Gautama Sutras Chapters XV to XVIII
- The Vashishta Dharmashastra, introduction
- The Vashishta Dharmashastra, Chapters I - VII
- The Vashishta Dharmashastra, Chapters VIII - XIV
- The Vashishta Dharmashastra, Chapters V - XXII
- The Vashishta Dharmashastra, Chapters XIII - XXX
- Introduction to the Baudhayana DharmasShastra
- The Baudhayana Dharmashastra - PrasnaI (Kandika 1-21)
- The Baudhayana Dharmashastra - PrasnaII (Kandika 1-18)
- The Baudhayana Dharmashastra - PrasnaIII, IV and V
175:1-2. I. Âpastamba I, 1, 1, 1-2.
175:3 Âpastamba II, 6, 13, 8-10. Instances of transgressions of the law are the adultery of Kataka and Bhâradvâga, Vasishtha's marriage with the Kândâlî Akshamâlâ, Râma Gâmadagnya's murder of his mother. Haradatta explains the term 'avara,' translated by 'men of later ages,' to mean 'men like ourselves' (asmadâdi). In his comment on the parallel passage of Âpastamba be renders it by idânîntana, 'belonging to our times;' and in his notes on Âpastamba I, 2, 5, 4, he substitutes arvâkîna kaliyugavartin, 'men of modern times living in the Kaliyuga.' The last explanation seems to me the most accurate, if it is distinctly kept in mind that in the times of Gautama the Kaliyuga was not a definite period of calculated duration, but the Iron Age of sin as opposed to the happier times when justice still dwelt on earth.
176:6 Âpastamba I, 1, 1, 20-21.
176:7 Âpastamba I, 1, 1, 19.
176:8 Âpastamba I, 1, 1, 17-8.
176:9 Âpastamba I, 1, 1, 14.
176:10 Manu II, 140; Yâgñavalkya I, 34.
176:11 Âpastamba I, 1, 1, 19.
176:12 Âpastamba I, 11 1, 27. Sâvitrî, literally the Rik sacred to Sâvitrî, is here used as an equivalent for upanayana, initiation, because one of the chief objects of the ceremony is to impart to the neophyte the Mantra sacred to Sâvitrî, Rig-veda III, 62, 10.
176:13-14. Âpastamba I, 1, 1, 27.
176:15 Âpastamba I, 1, 2, 33-36.
176:16 Âpastamba I, 1, 3, 3-6.
177:17 Haradatta explains kira, the inner bark of a tree, by 'made of Kusa grass and the like.' Regarding dresses made of Kusa grass, See the Petersburg Dict. s.v. Kusakîra. Kira may also mean 'rags,' such as were worn by Sannyâsins (see below, III, 19) and Bauddha ascetics.
177:19-21. Âpastamba I, 1, 2, 41-I, 1, 3, 2.
177:22 Âpastamba I, 1, 2, 38.
177:24 'Because the term "fit to be used at a sacrifice" is employed, the Vibhîtaka and the like (unclean trees) are excluded.'--Haradatta. Regarding the Vibhîtaka, see Report of Tour in Kasmîr, Journal Bombay Br. Roy. As. Soc. XXXIV A, p. 8.
177:25 Manu II, 47. 'Unblemished means uninjured by worms and the like'--Haradatta.
177:26 Manu II, 46.
178:27 Âpastamba I, 1, 2, 31-32. The above translation follows the reading of my MSS. mundagatilasikhâgatâ vâ, which seems more in accordance with the Sûtra style. It must, however, be understood that the arrangement of the hair is not regulated by the individual choice of the student, but by the custom of his family, school, or country. In the commentary, as given by one of my MSS., it is stated the custom of shaving the whole head prevailed among the Khandogas. Max Müller, History of Ancient Sanskrit Literature, p. 53; Weber, Indische Studien, X, 95.
178:28 The above translation agrees with Professor Stenzler's text and Manu V, 143. But according to Haradatta the meaning of. the Sûtra is not so simple. His explanation is as follows: 'If while holding things in his hands he becomes impure, i.e. he is defiled by urine, fæces, leavings of food, and the like (impurities) which are causes for sipping water, then he shall sip water after placing those things on the ground. This refers to uncooked food, intended to be eaten. And thus Vasishtha (III, 4, 3, Benares edition) declares: "If he who is occupied with eatables touches any impure substance, then he shall place that thing on the ground, sip water, and afterwards again use it." But the following text of another Smriti, "A substance becomes pure by being sprinkled with water after having been placed on the ground," refers to cooked food, such as boiled rice and the like. Or (the above Sûtra may mean), "If he becomes impure while holding things in his hands, then he shall sip water without laying them on the ground." And thus Manu (V, 143) says: "He who carries in any manner anything in his hands and is touched by an impure substance shall cleanse himself by sipping water without laying his burden down." This rule refers to things not destined to be eaten, such as garments. And in the (above) Sûtra the words, "He who becomes impure shall sip water," must be taken as one sentence, and (the whole), " If while holding things in his hands he becomes impure, p. 179 he shall sip water without laying (them) down," must be taken as a second.'
Though it may be doubted if the yogavibhâga, or ' division of the construction,' proposed by Haradatta, is admissible, still it seems to me not improbable that Gautama intended his Sûtra to be taken in two different ways. For, if according to the ancient custom it is written without an Avagraha and without separating the words joined by Sandhi, dravyabasta ukkhishtonidhâyâkâmet, the latter group may either stand for ukkhishto nidhâya âkâmet or for ukkhisto anidhâya âkâmet. As the Sûtra-kâras aim before all things at brevity, the Sûtra may have to be read both ways. If that had to be done, the correct translation would be: 'If while holding things in his hands, be becomes impure, he shall (purify himself by) sipping water, either laying (his burden) down (or) not laying it down, (as the case may require.)'
179:29 Âpastamba I, 5, 17, 10-12; Manu V, 115, 122.
179:30 Manu V, 111-112.
179:31 'Bone, i.e. ivory and the like. Mud, i.e. (the mud floor of) a house and the like. The purification of these two is the same as that of wood, i.e. by scraping (or planing). How is it proper that, since the author has declared (Sûtra 29) that objects made of wood shall be purified by planing, the expression "like wood" should be substituted (in this Sûtra)? (The answer is that), as the author uses the expression "like wood," when he ought to have said "like objects made of wood," he indicates thereby that the manner of purification is the same for the material as for the object made thereof.'--Haradatta. The p. 180 Sûtra is, therefore, a so-called Gñapaka, intended to reveal the existence of a general rule or paribhâshâ which has not been given explicitly.
180:32 'Scattering over, i.e. heaping on (earth) after bringing it from another spot is an additional method of purifying earth. With regard to this matter Vasishtha (III, 57) says: "Earth is purified by these four (methods, viz.) by digging, burning scraping, being trodden on by cows, and, fifthly, by being smeared with cowdung."'--Haradatta.
What Haradatta and probably Gautama mean, is that the mud floors of houses, verandahs, and spots of ground selected for sitting on, if defiled, should be scraped, and that afterwards fresh earth should be scattered over the spot thus cleansed. See, however, Manu V, 125, who recommends earth for the purification of other things also. The Sûtra may also be interpreted so as to agree with his rule.
180:33 'Chips (vidala), i.e. something made of chips of ratan-cane or bamboo, or, according to others, something made of feathers.'--Haradatta.
180:34 'The word "or" is used in order to exclude the alternative (i.e. the methods of purification described above).'--Haradatta. For the explanation of the expression 'very much' Haradatta refers to Vasishtha III, 58, with which Manu V, 123 may be compared.
180:35 'The alternative (position) depends on the pleasure of the performer.'--Haradatta.
180:36 My MSS. more conveniently make five Sûtras of Professor Stenzler's one Sûtra. The divisions have been marked in the translation by semicolons.
a. 'How many times? Three times or four times; the alternative p. 181 depends upon the pleasure of the performer. Another (commentator says): When, according to a special rule of the Vedas the sipping must be accompanied by the recitation of sacred texts, then the act shall be repeated four times, else three times.'--Haradatta.
b. The custom of touching the lips twice is noted as the opinion of some, by Âpastamba I, 5, 16, 4.
c. '"Sprinkle his feet and." On account of the word "and" he shall sprinkle his head also.'--Haradatta.
d. '"Touch the cavities, &c." Here the word "and" indicates that each organ is to be touched separately.'--Haradatta. Regarding the manner of touching, see Âpastamba I, 5, 16, 5 and 7 note.
e. '"(And finally) place," &c. Because the word "and" is used, he shall touch the navel and the head with all the fingers'--Haradatta. Regarding the whole Âkamanakalpa, see Âpastamba I, 5, 16, 1 seq.
181:37 Manu V, 145.
181:38 Manu V, 141.
181:39 Vasishtha III, 41.
181:40 'As the author ought to have said, "If they become detached, p. 182 he is purified by merely swallowing them," the addition of the words "he should know" and "as in the case of saliva" is intended to indicate that in the case of saliva, too, he becomes pure by swallowing it, and that purification by sipping need not be considered necessary.'--Haradatta. This Sûtra consists of the second half of a verse, quoted by Baudhâyana I, 5, 8, 25, and Vasishtha III, 41.
182:41 Âpastamba I, 5, 16, 12.
182:42 In explanation of the term amedhya, 'unclean substances,' Haradatta quotes Manu V, 135.
182:43 Manu V, 134; see also Âpastamba I, 5, 16, 15.
182:44 Âpastamba I, 5, 16, 14.
182:45 'If the Veda ordains any particular manner of purification for any particular purpose, that alone must be adopted. Thus the sacrificial vessels called kamasa, which have been stained by remnants of offerings, must be washed with water on the heap of earth called mârgâlîya.'--Haradatta.
182:46 This and the following rules refer chiefly to the teaching of the Sâvitrî, which forms part of the initiation. According to Gobhila Grihya-sûtra II, 10, 38, the complete sentence addressed to the teacher is, 'Venerable Sir, recite! May the worshipful one teach me the Sâvitrî!'
183:47 Âpastamba I, 2, 5, 23; I, 7, 6, 20; Manu II, 192.
183:48 'The (seat of the) vital airs are the organs of sense located in the head. The pupil shall touch these, his own (organs of sense) located in the head, in the order prescribed for the Âkamana (see Âpastamba, I, 5, 16, 7 note).'--Haradatta, See also Manu II, 75.
183:49 Passing one's hand along the side of the knee, one will fill the space of one Trutikâ. That is one moment (mâtrâ).'--Haradatta. Manu II, 75.
183:50 Manu II, 75.
183:51 'In the Vyâhriti-sâmans (see Burnell, Ârsheya-br., Index s.v.) five Vyâhritis are mentioned, viz. Bhûh, Bhuvah, Svah, Satyam, Purushah. Each of these is to be preceded by the syllable Om. But they are to end with Purushah, which (in the above enumeration) occupies the fourth place.'--Haradatta, See also Manu II, 75 seq.
183:52-53. Âpastamba I, 2, 5, 18-20.
183:54 Âpastamba I, 2, 6, 24; Manu II, 193. Turning his face towards the east or towards the north." This alternative depends upon (the nature of) the business.'--Haradatta.
184:55 Manu II, 77.
184:56 'All those acts beginning with the touching of the organs of sense with Kusa grass and ending with the recitation of the Sâvitrî, which have been prescribed (Sûtras 48-57, must be performed before the pupil begins to study the Veda with his teacher, but should not be repeated daily. After the initiation follows the study of the Sâvitrî. The touching of the organs of sense and the other (acts mentioned) form part of this (study). But the rules prescribed in the three Sûtras, the first of which is Sûtra 52, and the rule to direct the eye and mind towards the teacher (Sûtra 47), must be constantly kept in mind. This decision is confirmed by the rules of other Smritis and of the Grihya-sûtras.'--Haradatta.
184:57 Âpastamba I, 4, 13, 6-7.
184:58 'The worship of the teacher (upasadana) consists in the performance of the acts prescribed in Sûtras 46-57, with the exception of the study of the Sâvitrî and the acts belonging to that. The meaning of the Sûtra is that, though the worship of the teacher may have already been performed in the morning of that day, it must, nevertheless, be repeated for the reason stated.'--Haradatta.
184:59 'A journey (vipravâsa) means residence in some other place than the teacher's house.'--Haradatta. The commentator adds that the somewhat different rule, given by Manu IV, 126, may be reconciled with the above, by referring the former to the study for the sake of remembering texts recited by the teacher (dhâranâdhyayana), and the latter to the first instruction in the sacred texts.
185:60 'This penance must be performed by the pupil, not by the teacher. Others declare that both shall perform it.'--Haradatta.
185:61 See also Âpastamba I, 3, 9, 6-8. The last clauses of this and all succeeding chapters are repeated in order to indicate that the chapter is finished.
185:1 II. In concluding the explanation of this Sûtra, Haradatta states that its last clause is intended to give an instance of the freedom of behaviour permitted to a child. In his opinion Gautama indicates thereby that a person who, before initiation, drinks spirituous liquor, commits murder or other mortal sins, becomes an outcast, and is liable to perform the penances prescribed for initiated sinners. In support of this view be quotes a passage, taken from an unnamed Smriti, according to which the parents or other relatives of children between five and eleven years are to perform penances vicariously for the latter, while children between eleven and fifteen years are declared to be liable to half the penances prescribed for initiated adults. Hence he infers that though the above text of Gautama speaks of uninitiated persons in general, its provisions really apply to children under five years of age only. Though it would seem that some of Gautama's rules refer to half-grown persons rather than to infants or very young boys, it is impossible to assume that Gautama meant to give full licence of behaviour, speech, and eating to Brâhmanas who were not p. 186 initiated before their sixteenth year, or to Kshatriyas and Vaisyas up to the age of twenty and twenty-two. It seems more likely that, as Haradatta thinks, his rules are meant in the first instance for infants and very young children only, and that he intended the special cases of half-grown or nearly grown up boys to be dealt with according to the custom of the family or of the country.
186:2 Haradatta points out that the Sûtra does not forbid uninitiated persons to sip water, but that it merely denies the applicability of the rules (kalpa) given above, I, 36. Uninitiated persons may, therefore, sip water in the manner practised by women and Sûdras.
186:4 Âpastamba II, 6, 15, 18; Manu XI, 36.
186:5 'The expression " pronouncing Svadhâ" includes by implication the performance of all funeral rites.'--Haradatta.
186:7 Âpastamba I, 1, 2, 26.
186:8 Âpastamba I, 1, 4, 14-17; I, 1, 3, 25; I, 2, 28-30; Manu II, 176.
187:9 Regarding the sacrament called Godâna, see Gobhila Grihya-sûtra I, 9, 26.
187:10 Âpastamba I, 11, 30, 8.
187:11 'From (the time when one) light (is still visible,' &c.), i.e. in the morning from the time when the stars are still visible until the sun rises, and in the evening from the time when the sun still stands above the horizon until the stars appear. Haradatta observes p. 188 that, as Manu II, 102 prescribes the recitation of the Gâyatrî during the morning and evening devotions, either his or Gautama's rule may be followed. He adds that another commentator refers the injunction to keep silence to conversations on worldly matters only. He himself has adopted this view in his commentary on Âpastamba I, 11, 30, 8.
187:12 Âpastamba I, 11, 31, 18.
187:13 Âpastamba I, 1, 2, 23-28; I, 1, 3, 11-14, 20-24; I, 2, 7, 5.
187:14 Âpastamba I, 2, 6, 3, 14, 17-18. The term Guru includes, besides the teacher, the parents and other venerable persons.
187:15 Âpastamba I, 2, 7, 6-7; II, 2, 5, 9. Haradatta observes that this Sûtra again contains a general rule, and does not merely refer to the presence of Gurus.
188:16 Âpastamba I, 2, 7, 3, 8-10.
188:17 Âpastamba. I, 1, 3, 12. '"Low service," i.e. service by wiping off urine, fæces, and the like. . . . That is not even to be performed for the teacher. Or the expression may mean that he shall not serve a teacher deficient in learning and virtue. The same opinion is expressed by Âpastamba I, 1, x,11.'--Haradatta.
188:18 Manu II, 199.
188:19 Âpastamba I, 2, 7, 24.
188:20 'A Brâhmana shall avoid it always, i.e. even as a householder; Kshatriyas and Vaisyas need do it only as long as they are students. But in their case, too, they forbid the use of, liquor distilled from bruised rice, under all circumstances.'--Haradatta.
188:21 Âpastamba I, 1, 2, 21; I, 1, 4, 22, 28.
188:22 Âpastamba I, 1, 3, 13. 'Keeping his arms in subjection means that he shall not (without a cause) break clods of earth and the like. Keeping his stomach in subjection, i.e. eating with moderation.'--Haradatta.
189:25 Âpastamba I, 2, 6, 5-7.
189:26 He must not think that, as the teacher cannot see him, he need not obey the summons.
189:27 Âpastamba I, 2, 6, 15, 23.
189:28 'Work (karma) means performance. The meaning is that the pupil shall announce to his teacher the performance of all he is going to do. But what is useful for the teacher, as fetching water and the like, be shall inform him of the performance of that, i.e. knowing himself (without being told) that such work is necessary at a particular time (and acting on this knowledge). Any other explanation of this Sûtra does not please me.'--Haradatta. See also Âpastamba I, 2, 6, 8. My MSS. divide this Sûtra into two, beginning the second with 'Informing' &c. Haradatta's final remark, quoted above, seems to indicate that the division was intended by him.
189:29 Âpastamba I, 2, 5, 26.
190:30 Âpastamba I, 1, 4, 23.
190:31 Âpastamba I, 2, 7, 27, 30; Manu II, 207-212.
190:34 'One who has attained his majority, i.e. one who has completed his sixteenth year and is (already) a youth.'--Haradatta.
190:35 Haradatta explains abhisasta by upapâtakin, 'one who has committed a minor offence,' apparently forgetting Âpastamba I, 7, 21, 7. See also Âpastamba I, 1, 3, 25.
190:36 Âpastamba I, 1, 3, 28-30, where the formulas have been given in the notes. Haradatta remarks that the Gaimini Grihya-sûtra forbids the lengthening or drawling pronunciation of the syllables kshâm and hi in begging. Baudhâyana I, 2, 3, 16 likewise forbids it. In the text read varnânupûrvyena.
190:37 Manu II, 184. It is just possible that the translation ought to be 'in the houses of his teacher's blood relations,' instead of 'in the houses of his teacher (and) of blood relations.'
191:38 The meaning of the Sûtra is, that if a student does not obtain anything from strangers, he shall first go to his own family, next to the houses of Gurus, i.e. paternal and maternal uncles and other venerable relatives, then to his other blood relations, i.e. Sapindas, and in case of extreme necessity only apply to the teacher's wife.
191:39 Âpastamba I, 1, 3, 31-32.
191:40 Âpastamba I, 1, 3, 33-34.
191:41 Manu II, 53-54.
191:42 Âpastamba I, 2, 8, 29; Macnaghten, Mitâksharâ IV, 1, 9.
191:43 Manu VIII, 299.
191:45-47. Âpastamba I, 1, 2, 12-16.
191:48 Âpastamba I, 2, 7, 19.
192:49 Âpastamba I, 2, 8, 30.
192:50 Manu II, 225-237.
192:1 III. Other Smritikâras maintain that a Brâhmana must pass through all the four orders. Compare Âpastamba II, 9, 21, 5; Manu VI, 34-38; and the long discussion on the comparative excellence of the orders of householders and of ascetics. Âpastamba II, 9, 2 3, 3-II, 9, 2 4, 14.
192:2 'Though the order of studentship has already been described above, still in the following chapter the rules for a professed (naishthika) student will be given (and it had therefore again to be mentioned). Bhikshu has generally been translated by ascetic (sannyâsin). Vaikhânasa, literally, he who lives according to the rule promulgated by Vikhanas, means hermit. For that (sage) has chiefly taught that order. In all other Sâstras (the order of) hermits is the third, and (the order of) ascetics the fourth. Here a different arrangement is adopted. The reason of the displacement of the hermit is that the author considers the first-named three orders preferable. Hence if a man chooses to pass through all four, the sequence is that prescribed in other Sâstras.'--Haradatta. In making these statements the commentator has apparently forgotten that Âpastamba (II, 9, 21, 1) agrees exactly with Gautama. It is, however, very probable that Haradatta has given correctly the reason why the hermit is placed last by our author and by Âpastamba.
193:3 Manu VI, 87.
193:4 Âpastamba I, 1, 4, 29.
193:5 Âpastamba II, 9, 21, 6.
193:6 According to Haradatta the term Guru here includes the father. But see the next Sûtra, where Guru can only mean the teacher.
193:10 Âpastamba II, 9, 21, 3-4. My MSS. have uttareshâm, 'of the later named,' instead of itareshâm, 'of the other' (orders), both in the Sûtra and in subsequent quotations of the same.
193:11 Âpastamba II, 9, 21, 8-10; Manu VI, 41-43; Colebrooke, Mitâksharâ II, 8, 7.
193:13 This rule shows that the Vasso of the Bauddhas and Gainas is also derived from a Brahmanical source; see also Baudhâyana 11, 6, 11, 20.
194:15 Manu VI, 55-56.
194:19 Âpastamba II, 9, 2 1, 11.
194:20 He shall not appropriate, i.e. take parts of these, i.e. fruits, leaves, and the like, which have not been detached, i.e. have not fallen off. But he may take what has become detached spontaneously.'--Haradatta.
194:21 Out of season, i.e. except in the rainy season, during which, according to Sûtra 13, an ascetic must not wander about.
194:23 'He shall avoid, i.e. neither himself nor by the agency of others cause the destruction, i.e. the pounding by means of a pestle or the like, of seeds, i.e. raw rice and the like. Hence he shall accept as alms cooked food only, not rice and the like.'--Haradatta.
195:26 Âpastamba II, 9, 21, 18-II, 9, 23, 2. 'Austerities (tapas) means emaciating his body.'--Haradatta.
195:27 'He shall offer oblations in the morning and evening,' (these words), though not expressed, are understood.
195:29 i.e. he shall perform the five Mahâyagñas, just like a householder, only using wild-growing fruits, roots, &c., for the oblations.
195:31 'They declare, that baishka means the flesh of an animal, slain by a tiger or the like. He may use even that. The word "even" implies blame. Hence this is a rule for times of distress, and it must be understood that such food is to be eaten only on failure of roots and fruits and the like.'--Haradatta. The commentator adds that the flesh of forbidden animals must be avoided.
195:34 According to Haradatta the lower garment shall be made of kira, which he again explains as cloth made of Kusa grass and the like, and the upper of a skin.
196:36 'The duties of a householder, the Agnihotra, and the like, are frequently prescribed and praised in all Vedas, Dharmasâstras, and Itihâsas. As, therefore, the order of householders is explicitly prescribed, this alone is the order (obligatory on all men). But the other orders are prescribed only for those unfit for the (duties of a householder). That is the opinion of many teachers.'--Haradatta. Haradatta's explanation of âkâryâh, which he takes to mean 'many teachers,' seems to me inadmissible. Eke, 'some (teachers)', is used in that sense, and âkâryâh cannot possibly be a synonymous term. Further on (IV, 23) Haradatta himself admits that by âkâryâh one teacher is meant. It must be translated 'the venerable teacher,' because the Hindus are very fond of the use of the pluralis majestatis. I have no doubt that Gautama means his own teacher, whom, of course, etiquette forbids him to name. See also R. Garbe, Uebersetzung des Vaitâna-sûtra, I, 3.
196:1 IV. Âpastamba II, 6, 13, 1; Manu III. 4, 12; Yâgñ. I, 52.
196:2 Regarding the Pravaras, see Max Müller's History of Ancient Sanskrit Literature. p. 386. Âpastamba II, 5, 11, 15.
196:3 Âpastamba II, 5, 11, 16; Manu III, 5; Yâgñ. I, 52.
196:4 This rule refers to the case where a husband has made over his wife to another man and the bridegroom stands in the relation of a son to the husband of his mother and to his natural father (dvipitâ). See Yâgñ. I, 68.
197:5 Yâgñ. I, 53.
197:6 Âpastamba II, 5, 11, 17. 'Virtuous conduct (kâritra), i.e. the performance of the acts prescribed (in the Vedas and Smritis), . . . . good disposition (sîla), i.e. faith in the ordinances of the law.'--Haradatta.
197:7 Manu III, 30; Yâgñ. I, 60.
197:8 Âpastamba II, 5, 11. 18.
197:9 Âpastamba II, 5, 11, 19.
197:10 Âpastamba II, 5, 11, 20.
197:11 Âpastamba II, 5, 12, 1.
197:12 Âpastamba II, 5, 1 2, 2.
197:13 Manu III, 34; Yâgñ. I, 61.
197:14 Manu III, 24, 39.
197:15 Manu III, 23.
198:16 I.e. from a Brâhmana and a Kshatriyâ springs a Savarna, from a Brâhmana and a Vaisyâ a Nishâda, from a Brâhmana and a Sûdrâ a Pârasava, from a Kshatriya and a Vaisyâ an Ambashtha, and from a Kshatriya and a Sûdrâ a Daushyanta, from a Vaisya and a Sûdrâ an Ugra. Compare for this and the following five Sûtras Manu X, 6-18; Yâgñ. I, 91-95.
198:17 I.e. from a Kshatriya and a Brâhmanî springs a Sûta, from a Vaisya and a Kshatriya a Mâgadha, from a Sûdra and a Vaisyâ an Âyogava, from a Vaisya and a Brâhmanî a Kshattri, from a Sûdra and a Kshatriyâ a Vaidehaka, from a Sûdra and a Brâhmanî a Kandâla.
198:18 The words 'Some declare' stand only at the end of Sûtra 21. But Haradatta rightly declares that they refer to all the four Sûtras. The proof for the correctness of his interpretation lies in the use of the form agîganat, which refers to each of the Sûtras. The four Sûtras are, however, probably spurious, as Sûtra 28 refers back to Sûtra 17 by calling the Kandâla 'the last (named).'
199:22 Âpastamba II, 5, 11, 10-11. 'That is as follows: If a Savarnâ female, born of the Kshatriya wife of a Brâhmana, is married to a Brâhmana, and her female descendants down to the seventh likewise, then the offspring which that seventh female descendant bears to her Brâhmana husband is equal in caste to a Brâhmana. In like manner, if a Savarna male, the son of a Brâhmana and of his Kshatriya wife, again marries a Kshatriya wife and his male descendants down to the seventh likewise, then the offspring of that seventh male descendant is equal in caste to a Kshatriya. The same principle must be applied to the offspring of Kshatriyas and wives of the Vaisya caste as well as to Vaisyas and wives of the Sûdra caste.'--Haradatta.
199:23 '(The venerable) teacher opines that the change of caste takes place in the fifth generation. They declare that the plural may be used to denote one teacher. This Sûtra refers to (cases of extraordinary merit acquired through) virtuous conduct and study of the Veda.'--Haradatta. It is clear that in this case Haradatta, too, has seen that the word âkâryâh has another force than the more common eke; see above, note to III, 36.
199:24 'That is as follows: If the daughter of a Savarna, born of a wife of the Ambashtha caste, is married again to a Savarna, and her female descendants down to the seventh likewise, then the offspring of that seventh female descendant, begotten by a Savarna husband, is equal in caste to a Savarna.'--Haradatta. Regarding the birth of the four castes from Brahman, see Rig-veda X, 90, 12.
199:25 Manu X, 41, 67-68.
200:26 Manu X, 68.
200:27 '"Shall be treated like an outcast," i.e. one must avoid to look at him, &c., just as in the case of an outcast.'--Haradatta.
200:28 Manu X, p. 56.
200:30 Manu III, 38; Yâgñ. I, 59.
200:31 Manu III, 38; Yâgñ. I, 59.
200:32 Manu III, 38; Yâgñ. I, 60.
200:33 Manu III, 37; Yâgñ. I, 58.
200:1 V. Âpastamba II, 1, 1, 17.
200:2 Âpastamba II, 1, 1, 18.
201:3 Âpastamba I, 4, 12, 15; I, 4, 13, 1; Manu III, 69-72; IV, 29, 21; Yâgñ. I, 99, 102-104.
201:4 Manu III, 81; Yâgñ. I, 104.
201:5 Manu III, 82 Yâgñ. I, 104. 'The word "and" indicates that water must be offered to the gods and Rishis also.'--Haradatta.
201:6 '(Rites) other than those prescribed in Sûtras 3-5 he may perform according to his energy, i.e. according to his ability. But those he should zealously perform. As the oblations to the gods and the other (Mahâyagñas) are mentioned before the kindling of the domestic fire, they must be performed by a person who has not yet kindled the domestic fire with the aid of the common (kitchen) fire.'--Haradatta.
201:7 As long as the family remains united, its head offers the oblations for all its members.
201:8 'The domestic rites, i.e. the Pumsavana and the rest. . . . Now with the aid of which fire must a man, who has not yet kindled the domestic fire, perform the Pumsavana, &c.? Some answer that he shall use a common fire. But the opinion of the teacher (Gautama) is that he shall use the sacred fire which has been kindled on that occasion.'--Haradatta.
201:9 Haradatta states that the Mahâyagñas are again enumerated in order to show that a person who has kindled the sacred fire shall use this for them, not a common fire. He also states that a passage of Usanas, according to which some teachers prescribe the performance of the daily recitation near the sacred fire, shows that this rite too has a connection with the sacred fire.
202:10 Âpastamba II, 2, 3, 16, where, however, as in all other works, the order of the offerings differs. Haradatta adds that the word 'oblations' is used in the Sûtra in order to indicate that the word svâhâ must be pronounced at the end of each Mantra, and that the expression 'in the fire' indicates that the Bali-offerings described in the following Sûtra must be thrown on the ground.
202:11 Compare Âpastamba II, 2, 3, 20-II, 2, 4, 8; Manu III, 87-90, where, as elsewhere, the order of the offerings differs. According to Haradatta the deities intended are, Indra, Agni, Yama, Nirriti, Varuna, Vâyu, Soma, and Îsâna. The first offering must be placed to the east, the next to the south-east, south, &c.
202:12 At all the doors, as many as there are, a Bali must be offered with the Mantra, 'To the Maruts, svâhâ.'--Haradatta.
202:13 'As he says "inside" (pravisya, literally "entering") he must stand outside while offering the Balis at the doors. At this occasion some require the following Mantra, "To the deities of the dwelling, svâhâ," because that is found in the Âsvalâyana (Grihya-sûtra I, 2, 4). Others consider it necessary to mention the deities by name, and to present as many offerings as there are deities, while pronouncing the required words.'--Haradatta. The commentator then goes on to quote a passage from Usanas, which he considers applicable, because it contains the names of the Grihadevatâs. I doubt, however, if the 'others' are right, and still more if, in case they should be right, it would be advisable to supply the names of the Grihadevatâs from Usanas.
203:14 'Because the word "and" occurs in Sûtra 11 after the word "to the deities presiding over the points of the horizon" a Bali-offering must be presented to the deities mentioned by the author in Sûtra 10, viz. to the earth, wind, Pragâpati, and to all the gods, after a Bali has been offered to Brahman.'--Haradatta.
203:16 'The Bali presented to Âkâsa, "the ether," must be thrown up into the air, as Manu says, III, 90.'--Haradatta.
203:17 'Because of the word "and," he must, also, present Balis to the deities mentioned above.'--Haradatta. The commentator means to say that in the evening not only the 'Beings walking about at night' (naktamkara) are to receive a portion, but all the other deities too, and that the Balikarma must be offered twice a day.
203:18-19. Âpastamba II, 4, 9, 8.
203:20 According to Haradatta the term Srotriya here denotes one who has studied one Veda, (but see also Âpastamba II, 3, 6, 4; II, 4, 8, 5.) Vedapâraga is a man who has studied one Veda, together with the Aṅgas, Kalpa-sûtras, and Upanishads.
203:21 Âpastamba II, 5, 10, 1-2. 'Now he promulgates a Sûtra which refers to those cases where one must necessarily make gifts, and where one incurs guilt by a refusal. . . . As the expression "outside the Vedi" is used, presents must be given to others also "inside the Vedi" (i.e. fees to priests, &c.)'--Haradatta.
204:22 Âpastamba II, 2, 4, 14.
204:23 Âpastamba II, 5, 10, 3; Colebrooke II, Digest IV, 47; Mayûkha IX, 5. 'As he says "for an unlawful purpose," what has been promised must in other cases necessarily be given.'--Haradatta.
204:24 Colebrooke II, Digest IV, 56. '"Does not cause (the speaker) to fall," i.e. produces no guilt. Hence such persons need not even give a promised present.'--Haradatta.
204:25 Âpastamba II, 2, 4, 11-13; II, 4, 9, 10; Manu III, 116. 'Females under his protection (suvâsinyah), i.e. daughters and sisters those of low condition (gaghanyâh), i.e. servants, slaves, and the like . . . . . The term "men of low condition" is made a separate word in the text in order to show that they come after the others.'--Haradatta.
205:26 Manu III, 113.
205:27 Âpastamba II, 4, 8, 5-9.
205:30 'And to a king a Madhuparka must be offered on his arrival. If he is a Srotriya (this must be done) on each visit.'--Haradatta.
205:31 'A king who is not a Srotriya shall be honoured with a seat and water, not with a Madhuparka.'--Haradatta.
205:32 Âpastamba II, 3, 6, 7-10, 14-15. 'This Sûtra may be optionally taken as referring to a Brâhmana, because the word Srotriya is repeated. For a Srotriya who has come as a guest, a foot-bath, i.e. water for washing the feet, an Arghya, i.e. water mixed with Dûrvâ grass, flowers, &c., and food of a superior quality, i.e. milk and rice; cakes and the like shall be particularly prepared, if the host is able to afford it.'--Haradatta.
206:33 'But if (the host is) not able (to afford dainties), he shall prepare that same food which is daily used in his house, distinguished in the preparation, i.e. by adding pepper and the like condiments, by frying it, and so forth.'--Haradatta.
206:34 Âpastamba II, 22, 4, 16; II, 3, 6, 12. Haradatta points out that in this case nothing but a simple dinner shall be given.
206:36 Âpastamba II, 2, 4, 14. ' On failure of grass and the rest, a welcome, i.e. (the host shall say) "Thou art tired, sit down here."'--Haradatta.
206:37 Manu 111, 106-107. 'This Sûtra refers solely to such a guest, as is described below, Sûtra 40.'--Haradatta.
206:38 'Accompanying, i.e. walking after him; respectfully attending to, i.e. sitting with him and so forth. As it is not possible that these two acts can be performed by the host in the same manner as for himself, the meaning of the Sûtra must be taken to be merely that they are to be performed.'--Haradatta.
206:39 Haradatta says that some explain this Sûtra to mean, '(The host shall show the same attention) even to a man who is a little inferior (to himself in learning, &c.),' but that he disapproves of their opinion.
207:40 Âpastamba II, 3, 6, 5. Haradatta states, that by 'the time when the sun's rays pass over the trees,' either the middle of the day or the late afternoon may be meant.
207:41 Âpastamba I, 4, 14, 26-29.
207:43 Âpastamba II, 2, 4, 18-19.
207:1 VI. Âpastamba I, 4, 14, 7-9; I, 2, 5, 18; I, 2, 8, 17-18.
207:3 'Their blood relations, i.e. paternal and maternal uncles and the rest; elders, i.e. elder brothers; persons venerable on account of their learning, i.e. the teacher who has initiated him (âkârya), the teacher who has instructed him (upâdhyâya), and the rest.'--Haradatta.
208:4 Âpastamba I, 2, 6, 29; 1, 2, 8, 19. 'on meeting his mother and other persons whose feet must be embraced, he shall first embrace the highest, i.e. the most excellent, afterwards the others. Who the most excellent is has been declared above, II, 50-51.
208:5 Âpastamba I, 2, 5, 12-15. Professor Stenzler reads agñasamavâye, while my copies and their commentary show that gñasamavâye has to be read. Besides, it seems impossible to make any sense out of the former reading without assuming that the construction is strongly elliptical. 'On meeting, i.e. on corning together with him who knows the rule of returning a salute, he shall utter, i.e. loudly pronounce his name, i.e. the name which he has received on the tenth day (after his birth), and which is to be employed in saluting, and speak the word "I" as well as the word "this." They declare that instead of the word "this," which here is explicitly prescribed, the word "I am" must be used. Some salute thus, "I Haradatta by name" others, "I Haradattasarman;" and the common usage is to say, "I Haradattasarman by name." Thus the salutation must be made. Salutation means saluting. The affix ak is added to causatives and the rest. With reference to this matter the rule for returning salutes has been described by Manu II, 126. . . . As (in the above Sûtra) the expression "on meeting persons knowing" is used, those who are unacquainted with the manner of returning a salute must not be saluted in this manner. How is it then to be done? It is described by Manu III, 123.'--Haradatta.
208:6 'As Gautama says, "Some declare," the restrictive rule must, in his opinion, be followed.'--Haradatta.
209:7 Manu II, 132; Âpastamba I, 4, 14, 6, 9.
209:9 Âpastamba I, 4, 14, 11.
209:10 'Old (pûrva), i.e. of greater age. . A Sûdra even, who answers this description, must be honoured by rising, not, however, be saluted by one young enough to be his son, i.e. by a Brâhmana who is very much younger. The Sûdra is mentioned as an instance of a man of inferior caste. Hence a Sûdra must (under these circumstances) be honoured by rising, not be saluted by men of the three higher castes, a Vaisya by those of the two higher castes, and a Kshatriya by a Brâhmana.'--Haradatta.
209:11 'An Ârya, i.e. a man of the three twice-born castes, though he be inferior, i.e. younger, must be honoured by rising, not be saluted by a Sûdra. The Sûdra is mentioned in order to give an instance of (a man of) inferior caste.'--Haradatta.
209:12 'An inferior shall avoid to take his name, i.e. that of a superior.'--Haradatta.
210:14 Haradatta says that samânehani, 'on the same day,' means 'in the same year.' He is probably right in thinking that the expression must not be interpreted too strictly. But his assertion that ahah means also 'year' cannot be proved by his quotation from the Nighantuka, abde samvatsaram ahargaram.
210:15 'A person aged by ten years, i.e. at least ten years older, who lives in the same town as oneself, is to be addressed as bhoh, bhavan, though he may be deficient in good qualities.'--Haradatta.
210:16 'The words "years older" must be understood. He who lives by the fine arts (kalâ), i.e. the knowledge of music, painting leaf-cutting, and the like, and is at least five years older than oneself, must be addressed as bhoh or bhavan.'--Haradatta.
210:17 Haradatta notes that Âpastamba I, 4, 14, 13 gives a somewhat different rule.
210:18 Haradatta adds that a person destitute of learning, be he ever so old, may still be treated as an equal, and addressed as bhoh, bhavan, by a more learned man,
210:20 Manu II, 136. 'As wealth and the rest cannot be directly honoured, the persons possessing them are to be honoured . . . . . Respect (mâna) means honour shown by saluting and the like.'--Haradatta.
211:21 Manu II, 154.
211:23 Haradatta says that a passage to this effect occurs in the Khândogya-brâhmana. He also refers to Manu II, 151.
211:24 Âpastamba II, 5, 11, 5, 7-9. 'A person requiring consideration, i.e. one afflicted by disease. A woman, i.e. a bride or a pregnant woman. A Snâtaka, i.e. a person who has bathed after completing his studies and after having kept the vow of studentship.'--Haradatta.
211:25 Âpastamba II, 5, 11, 6.
211:1 VII. Âpastamba II, 2, 4, 25.
211:2 Âpastamba II, 2, 4. 26.
211:3 Âpastamba II, 2, 4, 27.
211:4 Haradatta quotes Manu X, 103 in support of the above explanation, and adds that another commentator interprets the p. 212 Sûtra to mean, that in times of distress men of all castes may support themselves by sacrificing for others, teaching, and the acceptance of gifts, though in ordinary times these modes of living are reserved for Brâhmanas.
212:5 The use of the masculine in the text, 'pûrvah pûrvo guruh,' may, I think, be explained by the fact that the compound in the preceding Sûtra ends with a noun of the masculine gender.
212:6 Manu X, 81; Yâgñ. III, 35.
212:7 Âpastamba I, 7, 20, 11.
212:9 Âpastamba I, 7, 20, 12-13. 'Substances used for flavouring (rasa), i.e. oil, sugar, clarified butter, salt, and the like.'--Haradatta. From Sûtra 19 it is clear that 'rasa' does not simply mean 'liquids.'
212:10 My MSS. read nirnikte for nikte, and nirniktam is explained by 'washed by a washerman or the like person.' It is possible to translate Professor Stenzler's reading in accordance with Manu X, 87, 'pairs of (i.e. upper and lower) garments dyed red.'
212:11 'Preparations from it, i.e. sour milk and the like.'--Haradatta.
213:14 Under any circumstances (nityam, literally "always") means even when they are not sold for slaughter. Another (commentator) says, that, as the expression "under any circumstances" is used here, the prohibition regarding the above-mentioned things, i.e. sesamum and the like, does not hold good under all circumstances, and that hence self-grown sesamum and other grain may be sold, see Manu X, 90.'--Haradatta.
213:15 Manu X, 88. Haradatta explains 'land' by 'houses.'
213:16-21. Âpastamba I, 7, 20, 14-15.
213:19 'The sale of salt and prepared food has been forbidden by Sûtra 9, but their barter has been permitted (by Sûtra 17).'--Haradatta.
213:22 Regarding the Sûdra's occupations, see below, X 57-60.
214:25 Âpastamba I, 10, 29, 7; Manu VIII, 348.
214:26 Haradatta adds, that in accordance with the principle exemplified by the rule of this Sûtra a Vaisya may follow in times of distress the occupations of a Sûdra.
214:1 VIII. Satapatha-brâhmana V, 4, 4, 5; Weber, Ind. Stud. X, 29. Haradatta explains vrata, ' moral order,' by karmâni, 'the rites and occupations,' and loka, 'world,' by râshtra, 'kingdom.' Ultimately my translation and his explanation come to the same thing. He adds that the king upholds order by punishing, and a learned Brâhmana by teaching. Regarding the excellence of these two, see also Manu IV, 135.
214:2 'Internally conscious beings, i.e. trees and the like, which are immovable, but grow and decay. For such possess internal consciousness only, no corresponding external faculty of acting. . . . The existence of these, i.e. of men and the rest, depends upon, i.e. is subordinate to the king and to a Brâhmana deeply versed in the Vedas. How is that? As regards the Brâhmana, an offering which has been properly thrown into the fire reaches the sun; from the sun comes rain; from rain food is produced and thereon live the creatures. By this reasoning he is shown to p. 215 be the cause of their existence. But the king is (also) the cause of their existence; for he punishes robbers and the like.'--Haradatta.
215:3 Haradatta takes prasûtirakshanam, 'the protection of their offspring,' as a copulative compound, and explains it by their prosperity (abhivriddhi) and their protection.' But a samâhâradvandva is here out of place.
215:4 Macnaghten, Mitâksharâ I, 2, 27. 'By the word loka, "the world," are intended the laws of countries and the like, which may be learnt from the practice of the world.'--Haradatta. Regarding the Aṅgas, see Âpastamba II, 4, 8, 10.
215:8 Regarding the forty sacraments, see below, Sûtras 14-20.
215:9 Regarding the three occupations, common to all twice-born men, see below, X, 1.
215:10 See below, X, 2.
215:11 The Sâmayâkârika or Smârta duties are those taught in the Dharma-sûtras and Smritis, see Âpastamba I, 1, 1, 1, and Max 'Müller's History of Ancient Sanskrit Literature, p. 101.
216:12 See Weber, Ind. Stud. X, V, 60, 66; Macnaghten, Mitâksharâ I, 2, 27.
216:14 Regarding the Samskâras mentioned in this Sûtra, see Âsvalâyana Grihya-sûtra I, 13-23; Sâṅkhâyana Grihya-sûtra I, 19-II, 5; Pâraskara Grihya-sûtra I, 13-11, 2.
216:15 The four vows, as Haradatta states, are, according to Âsvalâyana, the Mahânâmnîvrata, the Mahâvrata, the Upanishad-vrata, and the Godâna; see Âsvalâyana Srauta-sûtra VIII, 14, where the first three are described in detail, and Grihya-sûtra I, 22, 3, with the commentary thereon. Other Grihya-sûtras give more and different names, see H. Oldenberg, Sâṅkhâyana Grihya-sûtra II, 11-12 (S. B. E., vol. xxix), and Gobhila Grihya-sûtra III, 1, 28-III, 2, 62.
216:16 Haradatta explains snâna, 'the bath,' by samâvartana, 'the ceremony on completion of the studentship.' Regarding the five sacrifices, usually called the great sacrifices, see above, VII, 9 seq.
217:18 The various Pâkayagñas, named here, are fully described by Âsvalâyana Grihya-sûtra II, 1, 1-11, 10, 8; Gobhila III, 10 seq.; Pâraskara III, 3 seq. See also Max Müller, History of Ancient Sanskrit Literature, p. 203. The Ashtakas are sacrifices offered on the eighth day of the dark halves of the winter months, and of those of the dewy season, i.e. Kârttika, Mârgasiras, Pausha, and Mâgha. The Srâvanî is offered on the full moon day of the month of Srâvana, the Âgrahâyanî on the fourteenth, or on the full moon day of Mârgasiras, the Kaitrî on the full moon day of the Kaitra, and the Âsvayugî on the full moon day of the month Âsvayuga or Âsvina.
217:19-20. The Haviryagñas and Soma-sacrifices are described in the Brâhmanas and Srauta-sûtras. Havis denotes any kind of food used for oblations, such as clarified butter, milk, rice meat, &c.
217:22 Âpastamba I, 8, 23, 6.
218:23 Haradatta explains maṅgalya, 'auspiciousness,' to mean always doing what is praised (by good men) and avoiding what is blamed by them.' Anâyâsa, 'quietism,' means, according to him, avoiding to undertake that which causes pain to oneself, even though it be a duty.'
218:1 IX. Âpastamba I, 11, 30. 1-4. Haradatta says that the expression sa, 'such (a man),' refers to the king, and to the Brâhmana deeply versed in the Vedas, who have been described in the preceding chapter. My MSS. insert between this and the following one another Sûtra, which has been left out in Professor Stenzler's edition. It seems to me that it is absolutely required, and I therefore insert it here, together with Haradatta's comment, according to my best copy, P.
Gautama: '(And) a Snâtaka (i.e. a person who has completed his studentship, but has not yet taken a wife, shall act thus).' Haradatta: 'It must be understood that the word "and" has been left p. 219 out. (The meaning is): "And a Snâtaka shall obey the following ordinances." If this Sûtra were not given, those ordinances would have to be obeyed after marriage only; and if the preceding Sûtra (1) had not been given, before marriage only, because the term Snâtaka is usually employed in that (sense) only. For this reason both (Sûtras) have been given. Hence, though a man may not enter another order, he shall, after taking the bath (on completion of his studentship), obey these ordinances during his whole life. As here (Sûtra 1) the word sa, "such a man," is used, a Kshatriya and a Brâhmana only must necessarily obey the rules prescribed for a Snâtaka and perform a penance for breaking them; and the penance for breaking the rules prescribed for a Snâtaka is fasting. This is (the object of the insertion of the word sa, "such (a man)." But, if a Vaisya follows them, (his reward will be) prosperity; if he breaks them, he need not perform a penance. With respect to this matter another Smriti says: "The penance which is prescribed for a breach of the Snâtaka laws, must be performed by a Kshatriya and a Brâhmana alone, never by (men of) the other (caste)."
219:2 Manu IV, 35.
219:3-4. Âpastamba I, 11, 30, 10-13.
219:5 Manu IV, 66.
219:6 According to Haradatta the same rule applies to garlands and shoes.
219:7 Manu IV, 35. 'The expression "his beard" includes by implication the nails and the rest. . . . . As he says "without a sufficient reason," he shall allow his beard to grow during the pregnancy of his wife and on other occasions. With respect to this matter they quote the following verse: "In the sixth year and in the sixteenth year, likewise in the year of his marriage and during the pregnancy p. 220 of his wife, he shall avoid the use of a razor."--Haradatta.
219:8 Âpastamba II, 5, 12, 9.
219:9 Manu IV, 63.
219:10 Âpastamba I, 5, 16, 1.
219:11 Âpastamba, I, 4, 21; I, 5, 15, 3.
219:12 Âpastamba I, 11, 30, 18-20.
219:13 Âpastamba I, 11, 30, 22.
219:14 Âpastamba I, 11, 30, 21. Haradatta remarks that some explain loshtha, 'a clod of earth,' by kapâla, 'a pot-sherd.'
219:15 Âpastamba II, 8, 20, 11-12. Kapâla, 'pot-sherds,' may also mean 'skull-bones.'
221:18 Compare the analogous case, mentioned Âpastamba I, 3, 9, 13.
221:19 Âpastamba I, 11, 31, 11.
221:22 Âpastamba I, 11, 31, 16.
221:23 Âpastamba I, 11, 31, 10. Haradatta remarks that the prohibition does not extend to those cases where the Vedic ritual requires the fact to be pointed out. 'He is, of course, right in making this statement, as an express injunction of the Sruti always overrides the rules of the Smriti.
221:24 Haradatta adds that this and the preceding Sûtras include by implication the cases where a cow does damage in a field; see Âpastamba I, 11, 31, 9.
221:25 Âpastamba II, 1, 1, 21-II, 1, 2, 1.
221:26 Âpastamba I, 11, 32, 3.
222:27 Âpastamba I, 11, 32, 15.
222:29-30. Manu IV, 40.
222:32 Âpastamba I, 5, 15, 20; I, 11, 32, 5; Manu IV, 43; Âpastamba I, 11, 31, 21; Manu IV, 74; Âpastamba I, 11, 32, 26,
222:33 Âpastamba I, 11, 32, 27.
222:35 Âpastamba I, 11, 30, 14. Haradatta adds that he may wrap up his head while sitting down and in walking when the sun or rain annoys him.
223:38 Âpastamba I, 11, 30, 15.
223:39 Âpastamba I, 11, 31, 2.
223:40 Âpastamba I, 11, 30, 16-18.
223:41 Âpastamba I, 11, 31, 1.
223:43 Âpastamba I, 11, 31, 3.
223:44 Âpastamba I, 11, 32, 9.
223:45 Âpastamba I, 4, 14, 22.
223:46 Colebrooke, Mitâksharâ II, 1, 22. 'He shall use the morning, according to his ability, for acts tending to the acquisition of spiritual merit, such as reciting the Vedas; the middle part of the day for the acquisition of wealth; and the evening for scenting himself, adorning himself with garlands and the like acts giving pleasure.'--Haradatta.
223:47 Âpastamba I, 7, 20, 1-4.
224:48 Manu IV, 53.
224:50 Âpastamba II, 2, 5, 19; Manu IV, 175, 177.
224:51 Âpastamba I, 11, 32, 28; II, 8, 20, 16.
224:52 Âpastamba I, 11, 31, 13. Haradatta remarks that the word 'calf' is used to designate any animal of the bovine species.
224:56 Manu IV, 63.
224:57 Âpastamba I, 5, 16, 32.
224:58 Âpastamba II, 8, 18, 1; II, 8, 20, 10. Haradatta adds that this rule has been inserted here instead of in the chapter on forbidden food in order to indicate that its breach must be expiated by the penance prescribed for a breach of the Snâtaka's vow, not by that prescribed for eating forbidden food.
225:59 Âpastamba II, 1, 1, 2; II, 2, 3, 11.
225:60 Manu IV, 75.
225:61 Manu IV, 61.
225:62 Âpastamba I, 11, 32, 29; I, 7, 20, 8. Haradatta adds that the plural is used in the above Sûtra in order to indicate that many Brâhmanas must be unanimous regarding the practices to be followed.
225:63 Manu IV, 33; X, 113. 'For the sake of these objects he may go to a ruler, i.e. a king without cringing, because the preposition adhi is used (in the text, and) adhi denotes mastership' (Pânini I, 4, 97). The meaning that he shall go (as becomes) an independent man.'--Haradatta.
225:65 Âpastamba I, 5, 15, 22; I, 11, 32, 18. Âryans i.e. Brâhmanas, Kshatriyas, and Vaisyas:
226:67 Haradatta observes that this rule refers to cases where, being in a hurry, one cannot show one's reverence in the manner described in the preceding Sûtra.
226:68 Manu IV, 138, 175, 236.
226:70 Manu IV, 80-81.
226:71 Purification is here again mentioned in order (to indicate that Snâtaka must pay) particular attention to it.
226:72 Manu IV, 147-149.
226:73 Manu IV, 2, 238, 246.
226:74 Manu II, 260.
227:1 X. Twice-born men, i.e. Brâhmanas, Kshatriyas, and Vaisyas. Haradatta says that some believe the term 'twice-born' to have been used in order to indicate that the three occupations may be lawfully followed after the second birth, i.e. the initiation only. But he declares that alms may be given even by an uninitiated Âryan, while studying the Veda and sacrificing are specially forbidden to him.
227:2 Âpastamba II, 5, 10, 4.
227:3 Manu X, 76. The former, i.e. the three beginning with studying (Sûtra 1), must necessarily be followed. If he neglects them, he commits sin; if he follows them, he will be exalted. But the other occupations, teaching, &c., shall be followed if there is occasion for them. No sin is committed by neglecting them, nor any greatness gained by following them. They are merely means of livelihood.'--Haradatta.
227:4 Âpastamba I, 4, 13, 15-18. The expression 'above-mentioned' refers to the whole of the rules regarding a pupil's conduct given above, I, 52-II, 51. It is difficult to understand what is intended by 'the exchange of the Veda for wealth or money,' if it is not the bhritakâdhyâpana or teaching for money which Manu III, 156 blames so severely. It seems to me unlikely that Gautama means simply to sanction this practice. It is more probable that his rule refers to the case of Brâhmanas in distress, who avail themselves of the permission given above, VII, 4.
228:5-6. These rules which allow Brâhmanas to be gentlemen farmers and sleeping partners in mercantile or banking firms, managed by Vaisyas, do not occur in other Smritis. But they agree with the practice followed at present in many parts of India, and the praise bestowed in Vedic works on those who present land to Brâhmanas as well as the numerous ancient land grants show that from early times many Brâhmanas were holders of land, which, as a rule, was cultivated by Sûdras.
228:7-8. Âpastamba II, 5, 10, 6; Manu VII, 27.
228:9 Âpastamba II, 10, 25, 11; Manu VII, 135.
228:11 Haradatta takes this Sûtra differently. He says: 'The immunity from taxes which has been granted to Brâhmanas and others by former kings he shall maintain in the same manner as formerly! But I think that 'akara' must be taken as a Bahuvrîhi compound, and is used to designate widows, orphans, ascetics, &c.; see Âpastamba II, 10, 26, 10-7.
228:12 Haradatta observes that others explain upakurvâna, 'temporary students,' opposed to naishthika, 'permanent students,' to mean 'men who benefit the people,' i.e. physicians and the like.
228:13 Manu III, 103-110, 160-200; X, 119.
229:16 Manu VII, 87-89; X, 119; Yâgñavalkya I, 233.
229:17-18. Âpastamba II, 5, 10, 11. Persons who declare themselves to be cows or Brâhmanas become inviolable on account of the sacred character of the beings they personate. Historical instances are narrated where conquered kings were forced to appear before their victors, holding grass in their mouths or dancing like peacocks in order to save their lives.
229:20 Manu VII, 96.
229:22-23. Manu VII, 97.
229:24 Manu VII, 130. The amount depends on the nature of the soil and the manner of cultivation.
230:25 Manu VII, 130. The above translation follows Haradatta's explanation, while Sir W. Jones' rendering of Manu gives a different meaning to the identical words.
230:26 Manu VII, 127.
230:27 Manu X, 120.
230:28 Manu VII, 128.
230:29 Manu VII, 128, 139.
230:30 Haradatta takes this Sûtra differently. He says, 'Adhika, "additional," means the money which is paid on account of (the additional occupations) which have been explained above (Sûtra 7 seq.) "To protect all created beings," &c. Thereon shall he live, he himself, his servants, his elephants, horses, and his other (animals).' If this explanation is adopted, the Sûtra ought to be translated thus, 'He shall live on (the taxes paid for his) additional (occupations).' It seems, however, more probable that Gautama means to say that the king shall live on the surplus which remains after providing for the external and internal security of the kingdom, and that his object is to forbid the application of the whole revenue to the personal expenses of the ruler.
230:31 Manu VII, 131.
230:32 Haradatta says that wood-carriers, dancers, and the like are intended.
231:36-38. Manu VIII, 30-36; Yâgñavalkya II, 33, 173; Macnaghten, Mitâksharâ I, 1, 6.
231:39 Manu X, 115; Mayûkha IV, 1, 2; Colebrooke, Mitâksharâ I, 1, 8; III, Digest IV, 22. 'Partition, i.e., the division (of the estate) between brothers and other (coparceners); seizure, i.e. the appropriation before (others) of forest trees and other things which have no owner; finding, i.e. the appropriation of lost property the owner of which is unknown, such as treasure-trove.'--Haradatta.
231:43 Manu VIII, 38; Yâgñavalkya II, 34; Macnaghten, Mitâksharâ V, 1, 10.
232:44 Manu VIII, 37; Yâgñavalkya II, 34; Macnaghten loc. cit.
232:46 Manu VIII, 40; Yâgñavalkya II, 36; Macnaghten, Mitâksharâ V, 1, 14.
232:47 Âpastamba II, 10, 26, 8; Macnaghten loc. cit.
232:48 Manu VIII, 27.
232:49 Âpastamba II, 5, 10, 7.
232:50 Âpastamba I, 1, 1, 6; Manu X, 4. Between this Sûtra and the next, my MSS. insert an additional one, not found in Professor Stenzler's edition, Sûdrasyâpi nishekapumsavanasîmantonnayanagâtakarmanâma karanopanishkramanânnaprâsanakaulânyamantrakâni yathâkâlam upadishtânîti, 'for the Sûdra also the Nisheka (or impregnation), the Pumsavana (or rite for securing male offspring), the Sîmantonnayana (or arranging the parting of a pregnant wife), the Gâtakarman (or ceremony on the birth of the child), the name-giving, the first walk in the open air, the first feeding, and the Kaula (or tonsure of the child's head) are prescribed to be performed at the proper periods, but without the recitation of sacred texts.' But I am inclined to consider it spurious: first, because there is no proper commentary; secondly, because the enumeration of the Samskâras given here does not agree with p. 233 that given above, VIII, 14; and thirdly, because, according to the practice of Gautama, this Sûtra should begin with 'tasyâpi' instead of with 'Sûdrasyâpi,' and the 'tasyâpi' in the next would become superfluous. The rule agrees however with Manu X, 63, 127.
233:51 Manu IX, 335.
233:53 Manu X, 127-128.
233:55 'Another commentator explains the Sûtra to mean that he shall live with his wife only, and never enter another order (i.e. never become a student, hermit, or ascetic).'--Haradatta.
233:56 Âpastamba, I, 1, 1, 7-8; Manu X, 121-123.
233:57 Manu X, 124.
233:58-59. Manu X, 125.
233:60 Manu X, 99.
234:65 Manu X, 127. Regarding the Pâkayagñas, see above, VIII, 18.
234:67 'There is equality between them, i.e. the one need not serve the other. A Sûdra need not serve even a Brâhmana, (much less) any other (twice-born man) who lives the life of a non-Âryan (Sûdra). A Sûdra, even, who conducts himself like an 'Âryan must not be despised by men of other castes, who follow the occupations of non-Âryans, on account of his inferior birth.'--Haradatta.
234:1 XI. Macnaghten, Mitâksharâ I, 1, 27; Manu IX, 313-322; Weber, Ind. Stud. X, 29, 60.
234:2 Manu VII, 26. 'Holy in acts,' i.e. constantly acting in conformity with the Sâstras; 'holy in speech,' i.e. when administering justice he shall not speak partially.
234:3 Manu VII, 43; Yâgñavalkya I, 310. Haradatta thinks that the term 'the threefold sacred science includes the fourth Veda also, because it consists chiefly of Rikas and Yagus formulas.'
234:4 Manu VII, 30-31; Yâgñavalkya I, 354; Âpastamba III, 11, 27, 18. 'Of subdued senses, i.e. free from the (seven) vices p. 235 (common among kings), i.e. sensuality, gambling, hunting, drinking, &c.'--Haradatta. The means (upâya) are those mentioned by Yâgñavalkya I, 345-346.
235:5 Manu VII, 80; Yâgñavalkya I, 333.
235:6 'And he shall do what is good, i.e. dig tanks, build embankments and bridges &c. for them, i.e. his subjects.'--Haradatta.
235:7 '(On a) lower (one), i.e. on the ground only.'--Haradatta. This is still the custom in native courts, where, however, Brâhmanas, as a rule, must also sit on the floor.
235:8 'Honour him,' i.e. worship him by invoking blessings on him and the like.
235:9 Manu VII, 35.
235:10 Yâgñavalkya I, 360.
235:11 Manu VIII, 304; Yâgñavalkya I, 334.
235:12 Manu VII, 78; Yâgñavalkya I, 312. Haradatta explains vâksampanna, 'eloquent,' by 'one who knows Sanskrit.' According to the same, 'the (suitable) age' is the prime of life, when men are neither too young nor too old. 'Austere' is interpreted to mean 'not given to sensual enjoyments.'
236:13 Manu VII, 78.
236:14 Satapatha-brâhmana IV, I, 4, 4-6.
236:17 Âpastamba II, 10, 25, 4, 7. Sântis, 'expiations,' are rites intended to avert an impending misfortune which is announced by an evil omen. 'Festivals' are, according to Haradatta, wedding-days and the like; 'rites connected with auspiciousness' are, according to the same, rites on entering a new dwelling and the like. Haradatta further remarks that, though, according to the text, the king must perform these rites, he is, in reality, only to give the necessary orders, and to furnish the means for their performance, while the Purohita is to officiate as priest. He adds, that another commentator asserts that 'the Purohita,' not 'the king,' must be taken as the subject of the sentence.
236:18 Manu VII, 78-79; Yâgñavalkya I, 313. Haradatta says that by the 'other' sacrifices, both Grihya and Srauta rites are meant. I think that the latter are chiefly intended, as the Samskâras are included under the rites of festive days, mentioned in the preceding Sûtra.
237:19 The Aṅgas, i.e. the six auxiliary branches of learning mentioned above, VIII, 5. My best copy inserts 'the Upavedas' after the Aṅgas. But the words upavedâh and dharmasâstrâni, 'the institutes of law,' are probably interpolations. For the latter are already included by the term Aṅga, as part of the Kalpa.
237:20 Âpastamba II, 6, 15, 1; Manu VII, 203; V111, 47, 46; Yâgñavalkya I, 342. 'The (sacred) records, i.e. the Vedas and the rest.'--Haradatta.
237:22 'Having learned, i.e. having heard and considered, from them, i.e. from men of those classes, according to their authority, i.e. from those who in each class are authorised to give decisions, the (state of) affairs, i.e. the peculiar customs, the legal decision must be given in accordance with that which they declare to be the rule in their community.'--Haradatta.
237:23 Manu VIII, 44; XII, 105-106; Macnaghten, Mitâksharâ II, 8, 8. Haradatta remarks that this Sûtra refers to the case where the spokesmen of a guild may be suspected of partiality.
237:25 Manu XII, 108-113, According to Haradatta this Sûtra refers to particularly difficult cases.
238:26 Âpastamba, II, 5, 11, 4.
238:29 Âpastamba II, 5, 11, 10.
238:30 Âpastamba II, 5, 11. 'Perish, i.e. fall from one misfortune info the other.'--Haradatta.
238:31 Âpastamba II, 5, 10, 12-16.
238:32 Manu VII, 8.
238:1 XII. Âpastamba II, 10, 27, 14; Manu VIII, 270, 279-283; p. 239 Yâgñavalkya II, 215. Haradatta adds that an abusive word or a blow given in jest must not be punished in the manner prescribed above, as the word 'pârushya' presupposes criminal intent.
239:2 Âpastamba II, 10, 26, 20; Mayûkha XIX, 7, where, however, ârya has been altered to âkârya. Haradatta adds that the two punishments are cumulative in the case of a Brâhmanî only. If the offence is committed with a Kshatriyâ, the offender is liable to the first only; if he sins with a Vaisyâ, to the second.
239:3 Âpastamba II, 10, 27, 9; Manu VIII, 359; Yâgñavalkya II, 286.
239:7 Âpastamba II, 10, 27, 15; Manu VIII, 281.-The translation follows Haradatta, who is guided by the parallel passages. But for the latter, one would translate 'he shall be fined.'
239:8 Manu VIII, 267; Yâgñavalkya III, 204-207. Manu VIII, 136 states one Kârshâpana or copper Pana contains 80 Raktikâs, which would correspond to 97-60 grammes of the metrical system.
240:10 Manu VIII, 267.
240:11 Manu VIII, 268.
240:12 Manu VIII, 268.
240:13 Manu VIII, 268. Haradatta adds that, as a Brâhmana is declared to pay nothing for abusing a Sûdra, a Kshatriya and a Vaisya are liable to be fined for that offence, and that according to Usanas a Kshatriya shall pay twenty-four Panas, and a Vaisya thirty-six.
240:14 I.e. a Vaisya shall pay one hundred Panas for abusing a Kshatriya, and a Kshatriya fifty for abusing a Vaisya.
240:15 Manu VIII, 337.
240:16 Manu VIII, 337-338. I.e. a Vaisya is to pay sixteen times the value of the stolen property, a Kshatriya thirty-two times, and a Brâhmana sixty-four times.
240:17 Manu VIII, 338.
241:20-21. Manu VIII, 240; Yâgñavalkya II, 162.
241:22-26. Manu VIII, 241; Yâgñavalkya II, 159-161; Colebrooke III, Digest IV, 40. Haradatta, relying on Usanas everywhere, reckons twenty Mâshas to the Kârshâpana.
241:27 Âpastamba II, 11, 27, 18.
241:28 Âpastamba I, 10, 28, 3; Colebrooke III, Digest IV, 22.
241:29 Manu VIII, 140; Yâgñavalkya II, 37; Colebrooke I, Digest 25. Haradatta states that a Kârshâpana contains twenty p. 242 Mâshas. Thus the monthly interest for 400 Mâshas being five Mâshas, the rate is 1¼ per cent for the month, or 15 per cent per annum.
242:30 Colebrooke I, Digest 40; Manu VIII, 153.
242:31 Manu VIII, 151; Colebrooke I, Digest 59.
242:32 Manu VIII, 143; Colebrooke I, Digest 79.
242:33 Colebrooke I, Digest 79. 'Likewise the debt of a debtor who, being desirous to pay, is imprisoned by the king or others in a prison or the like, and who is thus unable to pay, does not increase from that day.'--Haradatta.
242:34 For this and the next Sûtra, see also Colebrooke I, Digest 35-45, in the notes on which latter text the various explanations of these terms, found here, have been fully discussed. 'If a large or a small interest is taken on condition that the loan is to be repaid on a certain date, and that, in case of non-payment, 'it is to be trebled or quadrupled, that is called periodical interest'--Haradatta.
242:35 'Where the lender and the borrower, having regard to the country, the time, the object, and the condition (of the borrower), agree between themselves (on a certain Tate), e.g. of ten per cent per mensem, that is called stipulated interest. Corporal interest is that which is payable by bodily labour. Thus Brihaspati says, "Corporal interest is that connected with work." But Vyâsa explains it thus, "Corporal interest is that which arises from the work (or use) of a (pledged female quadruped) to be p. 243 milked, or of (a male) to carry burdens." Kâtyâyana explains the daily interest (lit. the interest resembling the growth of the lock on the head), "That which is taken daily is called daily interest." . . . 'E.g. for a Prastha of grain lent a handful of grain is taken daily.'--Haradatta.
243:36 Colebrooke I, Digest 62. Haradatta mentions also another explanation of the Sûtra: 'Another (commentator) says, " If products of animals and the rest have been bought, and the price is not paid at once, that may increase fivefold by the addition of interest, but not, to a greater sum."'
243:37 Manu VIII, 147-148; Yâgñavalkya II, 24.
243:38 Haradatta adds that in the case of a Srotriya and of an ascetic, the owner may allow the use of his property for a long time, desiring to acquire merit by doing so, and that fear may prevent him from opposing the king's servants. Hence prolonged possession by such persons does not necessitate the conclusion that the owner had given up his rights. As ascetics cannot possess any property, the Sûtra must refer to their occupying an empty house which has an owner.
243:39 Manu VIII, 149; Yâgñavalkya II, 25. The translation given above agrees with an explanation of the Sûtra which Haradatta mentions, but rejects. He himself prefers the following: 'Animals, i.e. quadrupeds; land, i.e. a field, a garden, and the like; females, i.e. female slaves and the like. No long possession of animals and the rest is necessary in order to acquire the rights of ownership over them. Even after a short period they become the property of the possessor. For how (would it be possible that) a person, who himself wants butter-milk and the like, should allow a cow which he himself has bought, and which gives daily a Drona of milk, to be milked in the house of another person?' &c. &c.
244:40 Manu VIII, 162; Yâgñavalkya II, 51.
244:41 Manu VIII, 159-160; Yâgñavalkya II, 47, 54; Colebrooke I, Digest 202. Taking into account the parallel passages of Manu and Yâgñavalkya, Haradatta very properly restricts this rule to a bail for the personal appearance of an offender. In explanation of the expression 'a commercial debt' he gives the following instance: 'If a person has borrowed money from somebody on the condition that he is to repay the principal together with the gain thereon, and if he dies in a foreign country, while travelling in order to trade, then that money shall not be repaid by the son.' The instance explaining the term 'fee' (sulka) is as follows: 'If a person has promised a fee (to the parents of a woman) and dies after the wedding, then that fee does not involve his son, i.e. need not be paid by him.' The word sulka is, however, ambiguous, and may also mean 'a tax or toll.'
244:42 Manu VIII, 189; Yâgñavalkya II, 59-66; Colebrooke II, Digest I, 29. Haradatta declares the meaning to be, that in case the bailee was guilty of no negligence and took the same care of the deposits &c. as of his own property, neither he nor his heirs need make good the value of those which were lost or destroyed.
244:43 Âpastamba I, 9, 25, 4.
245:45 Âpastamba I, 9, 251, 5.
245:46 Manu VIII, 124; Macnaghten, Mitâksharâ III, 4, 9.
245:47 Manu IX, 239, 241; Âpastamba II, 10, 27, 8, 17-19; Macnaghten loc. cit. Karmaviyoga, 'preventing (a repetition of) the deed,' may also mean 'suspension from (his priestly) functions.'
245:48 Âpastamba II, 11, 28, 13.
245:49-50. Manu IX, 278; Yâgñavalkya II, 276.
245:51 Manu VII, 16; VIII, 126; Yâgñavalkya I, 367.
246:1 XIII. Manu VIII, 45; Yâgñavalkya II, 22.
246:2 Âpastamba II, 11, 29, 7. 'Many means at least three.'--Haradatta.
246:3 Manu VIII, 63. I.e. Sûdras endowed with the qualities mentioned above.
246:4 Manu VIII, 65. 'A Brâhmana means here a Srotriya. If a man other than a Brâhmana says: "This Brâhmana is a witness of this fact," then the (Srotriya) shall not be forced to become, i.e. not be taken as a witness, provided he has not been mentioned, i.e. he has not been entered in the written plaint (as one of the witnesses). But if he has been entered in the plaint, he certainly becomes a witness.'--Haradatta.
246:5 Manu VIII, 79; Macnaghten, Mitâksharâ VI, 1, 21. In the Mitâksharâ the Sûtra is read nâsamavetâh prishtâh prabrûyuh, 'witnesses need not answer if they are examined singly.' Mitramisra in the Vîramitrodaya says that Haradatta's reading of the text is the same, and that his explanation does not agree with it.
246:6 Manu VIII, 107; Yâgñavalkya II, 76-77.
246:7 Âpastamba II, 11, 29, 9-10.
247:9 Manu VIII, 72; Yâgñavalkya II, 72.
247:10 'Negligence, i.e. inadvertence. If anything has been spoken at random by a witness in a conversation referring to something else (than the case), no blame must be thrown on him for that reason.'--Haradatta.
247:11 Manu VIII, 18. The translation follows Haradatta. Perhaps it would, however, be as well to take dharmatantra, 'the sacred law and the rules referring to worldly matters,' as a Tatpurusha, and to translate, 'If there is a miscarriage of justice, the guilt,' &c.
247:12-13. Âpastamba II, 11, 29, 7.
247:14-22. Manu VIII, 98-100. 'By speaking an untruth regarding them, the witness kills ten. Ten what? Even ten (of that kind) regarding which he has lied. His guilt is as great as if he actually killed ten of them, and the punishment. (is the same). 'Equal penances must also be prescribed for both cases.'--Haradatta.
248:23 Manu VIII, 119-123; Yâgñavalkya II, 81. 'Yâpyah (literally "must be turned out") means "must be reprimanded" in the presence of the whole audience, lest anybody have intercourse with him.'--Haradatta.
248:24-25. Manu VIII, 104-105; Yâgñavalkya II, 83.
248:26 Manu VIII, 8-9, 79; Yâgñavalkya II, 1, 3, 73.
248:27 Manu VIII, 43. The meaning of the Sûtra is that the judge shall not promote litigation, and incite people to institute suits. If litigants do not humbly appear before him, he is not to send for them.
249:28 See also Nârada I, 38, 41.
249:29 Yâgñavalkya II, 12. Haradatta explains praganana, 'the procreation (of offspring),' to mean 'marriage.'
249:1 XIV. Manu V, 59, 83, 93; Yâgñavalkya III, 18, 28; see also Âpastamba I, 5, 16, 18. Regarding the meaning of the term Sapinda, see below, Sûtra 13. This Sûtra refers, of course, to Brâhmanas only.
249:2-3. Manu V, 83; Yâgñavalkya III, 22.
249:5 Manu and Yâgñavalkya l. l. cit.
249:6 Manu V, 79.
250:9 Yâgñavalkya III, 27. The Sûtra may, however, also be translated 'the relatives of those who have been killed by a cow, or by a Brâhmana, &c.,' as the latter case, too, is mentioned by Yâgñavalkya III, 21. The word anvaksham, translated by 'immediately after burial,' is explained by Haradatta as follows: 'The corpse is seen, i.e. is visible, so Iona; the meaning is that they will be pure after having bathed at the end of the burial.'
250:10 Yâgñavalkya III, 21.
250:12 Manu V, 89; Yâgñavalkya III, 21.
250:13 Âpastamba II, 6, 15, 2. Haradatta states that the Sapinda relationship extends to four degrees in the case of the son of an appointed daughter (see below, XXVIII, 18), while it includes the relatives within six degrees in the case of a legitimate son of the body. In either case the term refers to Sagotra-sapindas, or Sapindas who bear the same family name only. The case of the Bhinnagotra-sapindas will be discussed below, Sûtra 20.
250:14-16. Manu V, 62; Yâgñavalkya III, 18-19.
251:17 Manu V, 66; Yâgñavalkya III, 20. 19. Manu V, 75-77.
251:20 Manu V, 81. Haradatta explains asapinda, 'a kinsman who is not a Sapinda,' by Samânodaka, i.e. 'a kinsman bearing the same family name, but more than six degrees removed,' and yonisambandha, 'a relative by marriage,' by 'the maternal grandfather, a maternal aunt's sons, and their sons, &c., the fathers of wives and the rest.' The latter term, for which 'a person related through a female' would be a more exact rendering than the one given above, includes, therefore, those persons who, according to the terminology of Manu and Yâgñavalkya, are called Bhinnagotra-sapindas, Bândhavas, or Bandhus (see Colebrooke, Mitâksharâ II, 53; II, 6). Gautama's terminology agrees in this respect with that of Âpastamba, see note on II, 5, 11, 16.
251:21 Haradatta explains sabrahmakârin by suhrit, 'a friend.' But the term which elsewhere means 'a fellow-student' cannot have that sense in our Sûtra, as the fellow-student (sahâdhyâyin) has been mentioned already. The translation given above is supported by the manner in which it is used in the ancient landgrants, where expressions like bahvrikasabrahmakârin are of common occurrence.
252:22 Manu V, 81.
252:23 'The word upasparsana (literally touching) does not denote here simple touching. For below, Sûtra 30, bathing with the clothes on, will be prescribed for that, What does upasparsana then mean? It means carrying out a corpse. For that an impurity lasting ten days falls on the performer, provided that the carrying out be done for an object, i.e. with the intention of gaining a fee or the like, not for the sake of doing one's duty. The word impurity is here repeated in order to indicate that the impurity, here intended, differs from that described above. Hence the rules given below, Sûtra 37, which prescribe sleeping and sitting on the ground and so forth, do not apply. (The word impurity) indicates (here) merely that (the performer of the act) must not be touched, and has no right (to perform sacred ceremonies).'--Haradatta.
252:25 Haradatta states that Gautama does not simply say 'six days,' because five seasons only are to be reckoned in the case of a Vaisya, and six in the case of a Sûdra.
252:28 Haradatta asserts that mriteshu, 'have died,' must be understood. But as both the preceding and the following Sûtras. refer to p. 253 the carrying out of corpses, it is impossible to agree with him. It seems to me that Gautama's rule means, that, if a man has carried out the corpse of a teacher, &c., he becomes impure for ten, eleven, or twelve days, or for three days only. See also Manu V, 91, 103; Yâgñavalkya III, 15.
253:30 Âpastamba II, 2, 2, 8-9; Manu V, 85; Yâgñavalkya III, 30.
253:31 Manu V, 103; Yâgñavalkya III, 26.
253:32-33. Âpastamba I, 5, 15, 16-17.
253:34 Âpastamba II, 6, 15, 9; Manu V, 70. Haradatta observes that most Grihya-sûtras prescribe the performance of the Kaula-karman in the third year,
253:36 Yâgñavalkya III, 4.
254:37 Manu V, 73; Yâgñavalkya III, 16.
254:39 Manu V, 73. 43. Manu V, 70.
254:44 Yâgñavalkya III, 23, Haradatta remarks that the rule refers to those Sapindas residing in foreign countries only, of whose death one may hear a year after their decease, and to remoter relations of whose death one hears after the lapse of ten days; see Manu V, 75-76.
254:45 Manu V, 93-94; Yâgñavalkya III, 27. Haradatta add: that the plural 'kings' is used in order to include all rulers and governors, and such persons as the king wishes to be pure.
Source: The Sacred Laws of the Âryas translated by Georg Bühler Part I: Âpastamba and Guatama (Sacred Books of the East, Volume 2.) . The text has been reproduced and reformatted from Sacred-texts.com by Jayaram V for Hinduwebsite.com. While we have made every effort to reproduce the text correctly, we do not guarantee or accept any responsibility for any errors or omissions or inaccuracies in the reproduction of this text.
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