The Vashishta Dharmashastra, Part 3

Translated by Georg Bühler

Contents


CHAPTER XV Scroll Up

1. Man formed of uterine blood and virile seed proceeds from his mother and his father (as an effect) from its cause. 1

2. (Therefore) the father and the mother have power to give, to sell, and to abandon their (son).

3. But let him not give or receive (in adoption) an only son; 3

4. For he (must remain) to continue the line of the ancestors. 4

5. Let a woman neither give nor receive a son except with her husband's permission. 5

6. He who desires to adopt a son, shall assemble 6 his kinsmen, announce his intention to the king, make burnt-offerings in the middle of the house, reciting the Vyâhritis, and take (as a son) a not remote kinsman, just the nearest among his relatives.

7. But if a doubt arises (with respect to an adopted son who is) a remote kinsman, (the adopter) shall set him apart like a Sûdra. 7

8. For it is declared in the Veda, 'Through one he saves many.' 8

9. If, after an adoption has been made, a legitimate son be born, (the adopted son) shall obtain a fourth part, 9

10. Provided he be not engaged in (rites) procuring prosperity. 10

11. He who divulges the Veda (to persons not authorised to study it), he who sacrifices for Sûdras, (and all those) who have fallen from the rank of the highest caste (shall be excommunicated by the ceremony of) emptying the water-vessel. 11

12. A slave or the son of a wife of a lower caste, or a relative not belonging to the same caste, who is destitute of good qualities, shall fetch a broken pot from a heap of vessels unfit for use, place Kusa grass, the tops of which have been cut off, or Lohita grass (on the ground), and empty the pot for the (outcast, overturning it) with his left foot; 12

13. And the relatives of the (outcast), allowing their hair to hang down, shall touch him who empties (the pot). 13

14. Turning (when they leave) their left hands towards (that spot), they may go home at pleasure. 14

15. Let them not afterwards admit the (excommunicated person) to sacred rites. 15

16. Those who admit him to sacred rites become his equals.

17. But outcasts who have performed (the prescribed) penance (may be) readmitted.

18. Now they quote also (the following verse): 'Let him walk before those who readmit him, like one gamboling and laughing. Let him walk behind those who excommunicate him, like one weeping and sorrowing.'

19. Those who strike their teacher, their mother, or their father may be readmitted in the following manner, either after being pardoned by the (persons offended) or after expiating their sin.

20. Having filled a golden or an earthen vessel (with water taken) from a sacred lake or river, they pour (the water) over him, (reciting the three verses) 'Ye waters are' &c. 20

21. All the (other ceremonies to be performed on the) readmission of one who has bathed (in this manner) have been explained by (those ordained an) the birth of a son. 21

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1. Now (follow the rules regarding) legal proceedings.

2. Let the king (or) his minister transact the business on the bench. 2

3. When two (parties) have a dispute, let him not be partial to one of them. 3

4. Let him reason properly regarding an offence; finally the offence (will become evident thereby). 4

5. He who properly reasons regarding an offence, in accordance with the sum of the science of the first two castes, is equitable towards all created beings. 5

6. And let him protect what has been gained; 6

7. (Likewise) the property of infants (of the) royal (race). 7

8. (Likewise the property) of persons unfit to transact legal business (minors, widows, and so forth). 8

9. But if (a minor) comes of age, his property must be made over to him.

10. 'It is declared in the Smriti that there are three kinds of proof which give a title to (property, viz.) documents, witnesses, and possession; (thereby) an owner may recover property which formerly belonged to him (but was lost).' 10

11. From fields through which (there is a right of) road (a space sufficient for the road) must be set apart, likewise a space for turning (a cart). 11

12. Near new-built houses (and) other things (of the same description there shall be) a passage three feet broad. 12

13. In a dispute about a house or a field, reliance (may be placed on the depositions of) neighbours. 13

14. If the statements of the neighbours disagree, documents (may be taken as) proof.

15. If conflicting documents are produced, reliance (may be placed) on (the statements of) aged (inhabitants) of the village or town, and on (those of) guilds and corporations (of artisans or traders). 15

16. Now they quote also (the following verse): 'Property inherited from a father, a thing bought, a pledge, property given to a wife after marriage by her husband's family, a gift, property obtained for performing a sacrifice, the property of reunited coparceners, and wages as the eighth.' 16

17. Whatever belonging to these (eight kinds of property) has been enjoyed (by another person) for ten years continuously (is lost to the owner). 17

18. They quote also (a verse) on the other side: 'A pledge, a boundary, and the property of minor's, an (open) deposit, a sealed deposit, women, the property of a king, (and) the wealth of a Srotriya are not lost by being enjoyed (by others).' 18

19. Property entirely given up (by its owner) goes to the king. 19

20. If it be otherwise, the king with his ministers and the citizens shall administer it. 20

21. A king will be superior even to Brahman if he lives surrounded by servants (who are keen-eyed) like vultures.

22. But a king will not be exalted if he lives surrounded by servants (who are greedy) like vultures.

23. Let him live surrounded by servants (who are keen-eyed) like vultures, let him not be a vulture surrounded by vultures.

24. For through his servants blemishes become manifest (in his kingdom),

25. (Such as) theft, robbery, oppression, and (so forth).

26. Therefore let him question his servants before-hand.

27. Now (follow the rules regarding) witnesses:

28. Srotriyas, men of unblemished form, of good character, men who are holy and love truth (are fit to be) witnesses, 28

29. Or (men of) any (caste may give evidence) regarding (men of) any (other caste). 29

30. Let him make women witnesses regarding women; for twice-born men twice-born men of the same caste (shall be witnesses), and good Sûdras for Sûdras, and men of low birth for low-caste men. 30

31. Now they quote also (the following verse): 'A son need not pay money due by a surety, any-thing idly promised, money due for losses at play or for spirituous liquor, nor what remains unpaid of a fine or a toll.' 31

32. 'Depose, O witness, according to the truth; expecting thy answer, thy ancestors hang in suspense; in accordance with its truth or falsehood) they will rise (to heaven) or fall (into hell).'

33. 'Naked and shorn, tormented with hunger and thirst, and deprived of sight shall the man who gives false evidence go with a potsherd to beg food at the door of his enemy.' 33

34. 'He kills five by false testimony regarding a maiden; he kills ten by false testimony regarding kine; he kills a hundred by false evidence regarding a horse, and a thousand by false evidence regarding a man.' 34

35. (Men) may speak an untruth at the time of marriage, during dalliance, when their lives are in danger or the loss of their whole property is imminent, and for the sake of a Brâhmana; they declare that an untruth spoken in these five cases does not make (the speaker) an outcast. 35

36. Those who give partial evidence in a judicial proceeding for the sake of a relative or for money, deprive the ancestors of their spiritual family and those of their natural family of their place in heaven. 36

CHAPTER XVII Scroll Up

1. The father throws his debts on the (son) and obtains immortality if he sees the face of a living son. 1

2. It is declared in the Veda, 'Endless are the worlds of those who have sons; there is no place for the man who is destitute of male offspring.' 2

3. There is a curse (in the Veda), 'May our enemies be destitute of offspring.' 3

4. There is also (the following) passage of the Veda, 'May I obtain, O Agni, immortality by offspring.' 4

5. 'Through a son he conquers the worlds, through a grandson he obtains immortality, but through his son's grandson he gains the world of the sun.' 5

6. There is a dispute (among the wise; some say), The son belongs to the husband of the wife;' (and some say), 'The son belongs to the begetter.' 6

7. With respect to this (matter) they quote also on both sides verses like the following:

8. (Some say), 'If (one man's) bull were to beget a hundred calves on another man's cows, they would belong to the owner of the cows; in vain would the bull have spent his strength.' 8

9. (Others say), 'Carefully watch the procreation of your offspring, lest strangers sow seed on your soil; in the next world the son belongs to the begetter; (by carelessness) a husband makes (the possession of) offspring in vain.' 9

10. If amongst many brothers who are begotten by one father, one have a son, they all have offspring through that son; thus says the Veda. 10

11. If among many wives of one husband, one have a son, they all have offspring through that son; thus says the Veda. 11

12. Twelve (kinds of) sons only are noticed by the ancients. 12

13. The first (among these is the son) begotten by the husband himself on his legally married wife. 13

14. The second is the son of a wife (who is begotten) on failure of the (first) on a (wife or widow duly) authorised (thereto, by a kinsman). 14

15. The third is an appointed daughter. 15

16. It is declared in the Veda, 'A maiden who has no brothers comes back to the male ancestors (of her own family); returning she becomes their son.' 16

17. With reference to this (matter there is) a verse (to be spoken by the father when appointing daughter), 'I shall give thee a brotherless damsel, decked with ornaments; the son whom she may bear, shall be my son.' 17

18. The fourth is the son of a remarried woman. 18

19. She is called remarried (punarbhû) who leaving the husband of her youth, and having lived with others, re-enters his family; 19

20. And she is called remarried who leaving an impotent, outcast or mad husband, or after the death of her husband takes another lord. 20

21. The fifth is the son of an unmarried damsel. 21

22. They declare that the son whom an unmarried damsel produces through lust in her father's house, is the son of his maternal grandfather. 22

23. Now they quote also (the following verse): If an unmarried daughter bear a son begotten by a man of equal caste, the maternal grandfather has a son through him; he shall offer the funeral cake, and take the wealth (of his grandfather).'

24. (A male child) secretly born in the house is the sixth. 24

25. They declare that these (six) are heirs and kinsmen, preservers from a great danger. 25

26. Now among those (sons) who are not heirs, but kinsmen, the first is he who is received with a pregnant bride. 26

27. (The son of a damsel) who is married pregnant (is called) a son received with the bride (sahodha).

28. The second is the adopted son,

29. (He) whom his father and his mother give (in adoption). 29

30. (The son) bought is the third.

31. That is explained by (the story of) Sunahsepa.

32. 'Hariskandra, forsooth, was a king. He bought the son of Agîgarta Sauyavasi. 32

33. The fourth is (the son) self-given. 33

34. That is (likewise) explained by (the story of) Sunahsepa.

35. 'Sunahsepa, forsooth, when tied to the sacrificial stake, praised the gods; there the gods loosened his bonds. To him poke (each of) the officiating priests, "He shall be my son." He did not agree to their (request. Then) they made him make (this) agreement, "He shall be the son of him whom he chooses." Visvâmitra was the Hotri priest at that (sacrifice). He became his son.'

36. The son cast off is the fifth. 36

37. (He is called so) who, cast off by his father and his mother, is received (as a son).

38. They declare that the son of a woman of the Sûdra caste is the sixth. These (six) are kinsmen, not heirs. 38

39. Now they quote also (the following rule): 'These (last-mentioned) six (sons) shall take the heritage of him who has no heir belonging to the first-mentioned six (classes).

40. Now (follow the rules regarding) the partition of the (paternal) estate among brothers: 40

41. And (let it be delayed) until those (widows) who have no offspring, (but are supposed to be pregnant), bear sons. 41

42. Let the eldest take a double share, 42

43. And a tithe of the kine and horses.

44. The goats, the sheep, and the house belong to the youngest,

45. Black iron, the utensils, and the furniture to the middlemost.

46. Let the daughters divide the nuptial present of their mother. 46

47. If a Brâhmana has issue by wives belonging to the Brâhmana, Kshatriya, and Vaisya classes respectively, 47

48. The son of the Brâhmana wife shall receive three shares,

49. The son of the Kshatriya wife two shares,

50. The other (sons) shall inherit equal shares.

51. And if one of the (brothers) has gained something by his own (effort), he shall receive a double share. 51

52. But those who have entered a different order receive no share, 52

53. Nor (those who are) eunuchs, madmen, or outcasts. 53

54. Eunuchs and madmen (have a claim to) maintenance. 54

55. The widow of a deceased person shall sleep 55 on the ground during six months, practising religious vows and abstaining from pungent condiments and salt.

56. After the completion of six months she shall bathe, and offer a funeral oblation to her husband. (Then) her father or her brother shall assemble the Gurus who taught or sacrificed (for the deceased) and his relatives, and shall appoint her (to raise issue to her deceased husband). 56

57. Let him not appoint a (widow who is) mad, ill-conducted, or diseased, 57

58. Nor one who is very aged.

59. Sixteen years (after maturity is the period for appointing a widow);

60. Nor (shall an appointment be made) if the (male entitled to approach the widow) is sickly.

61. Let him approach (the widow) in the muhûarta sacred to. Pragâpati, (behaving) like a husband, without (amorously) dallying with her, and without abusing or ill-treating her. 61

62. Let her obtain (the expenses for) food, raiment, baths, and unguents from (the estate of) her former (husband).

63. They declare that a son begotten on (a widow who has) not been (duly) appointed, belongs to the begetter. 63

64. If she was (appointed, the child belongs) to both the males connected with the appointment. 64

65. No appointment (shall be made) through a desire to obtain the estate. 65

66. Some say, 'Or, one may appoint (a widow out of covetousness), after imposing a penance.' 66

67, A maiden who has attained puberty shall wait for three years. 67

68. After three years (have passed), she may take a. husband of equal caste.

69. Now they quote also (the following verses) But if through a father's negligence a maiden is here given away after the suitable age has passed, she who was waiting (for a husband) destroys him who gives her away, just as the fee which is paid too late to the teacher (destroys the pupil).'

70. 'Out of fear of the appearance of the menses let the father marry his daughter while she still runs about naked. For if she stays (in the house) after the age of puberty, sin falls on the father.' 70

71. 'As often as the courses of a maiden, who is filled with desire, and demanded in marriage by men of equal caste, recur, so often her father and her mother are guilty of (the crime of) slaying an embryo; that is a rule of the sacred law.' 71

72. 'If the betrothed of a maiden die after she has been promised to him verbally, and by (a libation of) water, but before she was married with (the recitation of) sacred texts, she belongs to her father alone.' 72

73. 'If a damsel has been abducted by force, and not been wedded with sacred texts, she may lawfully be given to another man; she is even like a maiden.'

74. 'If a damsel at the death of her husband had been merely wedded by (the recitation of) sacred texts, and if the marriage had not been consummated, she may be married again.'

75. The wife of an emigrant shall wait for five years. 75

76. After five years (have passed), she may go (to seek) her husband.

77. If for reasons connected with spiritual or with money matters she be unwilling to leave her home, she must act in the same manner as if (her husband were) dead.

78. In this manner a wife of the Brâhmana caste who has issue (shall wait) five years, and one who has no issue, four years; a wife of the Kshatriya caste who has issue, five years, and one who has no issue, three years; a wife of the Vaisya caste who has issue, four years, and one who has no issue, two years; a wife of the Sûdra caste who has issue, three years, and one who has no issue, one year.

79. After that among those who are united (with her husband) in interest, or by birth, or by the funeral cake, or by libations of water, or by descent from the same family, each earlier named person is more venerable than the following ones. 79

80. But while a member of her family is living, she shall certainly not go to a stranger.

81. Let the Sapindas or the subsidiary sons divide the heritage of him who has no heir of the first-mentioned six kinds. 81

82. On failure of them the spiritual teacher and a pupil shall take the inheritance. 82

83. On failure of those two the king inherits. 83

84. But let the king not take (the estate) of a Brâhmana.

85. For the property of a Brâhmana is a terrible poison.

86. 'Poison they do not call the (worst) poison; the property of a Brâhmana is said to be the (most destructive) poison. Poison destroys only one person, but the property of a Brâhmana (him who takes it) together with sons and grandsons.'

87. He should give it to men who are well versed in the three Vedas. 87

CHAPTER XVIII Scroll Up

1. They declare that the offspring of a Sûdra and of a female of the Brâhmana caste becomes a Kândâla, 1

2. (That of a Sûdra and) of a female of the Kshatriya caste, a Vaina,

3. (That of a Sûdra and) of a female of the Vaisya caste, an Antyâvasâyin.

4. They declare that the (son) begotten by a Vaisya on a female of the Brâhmana caste becomes a Râmaka, 4

5. (The son begotten by the same) on a female of the Kshatriya caste, a Pulkasa.

6. They declare that the (son) begotten by a Kshatriya on a female of the Brâhmana caste becomes a Sûta. 6

7. Now they quote also (the following verse): 'One may know by their deeds those who have been begotten secretly, and to whom the stigma of springing from unions in the inverse order of the castes attaches, because they are destitute of virtue and good conduct.' 7

8. (Children) begotten by Brâhmanas, Kshatriyas, and Vaisyas on females of the next lower, second lower, and third lower castes become (respectively) Ambashthas, Ugras, and Nishâdas. 8

9. (The son of a Brâhmana and) of a Sûdra woman (is) a Pârasava.

10. They declare that the condition of a Pârasava is that of one who, though living, is (as impure) as a corpse. 10

11. Some call that Sûdra race a burial-ground. 11

12. Therefore (the Veda) must not be recited in the presence of a Sûdra.

13. Now they quote also the (following) verses, which Yama proclaimed:

'The wicked Sûdra-race is manifestly a burial-ground. Therefore (the Veda) must never be recited in the presence of a Sûdra.'

14. 'Let him not give advice to a Sûdra, nor what remains from his table, nor (remnants of) offerings (to the gods); nor let him explain the holy law to such a man, nor order him (to perform) a penance.' 14

15. 'He who declares the law to such a man, and he who instructs him in (the mode of) expiating (sin), sinks together with that very man into the dreadful hell, (called) Asamvrita.'

16. 'If ever a worm is produced in an open wound (on his body), he shall purify himself by the Prâgâpatya penance, and give gold, a cow, (and) a garment as presents (to Brâhmanas).' 16

17. Let him not approach a wife of the Sûdra caste after he has built the fire-altar for a Srauta-sacrifice.

18. For a Sûdra-wife who belongs to the black race, (is espoused) for pleasure, not in order to fulfil the law.

CHAPTER XIX Scroll Up

1. The particular duty of a king is to protect (all) beings; by fulfilling it (he obtains) success (in this world and in the next). 1

2. Those learned (in the sacred law) declare that to be free from fear and pity is, indeed, a life-long sacrificial session (sattra, to be performed by the king). 2

3. Therefore let him appoint a domestic priest to (perform the rites) obligatory on the order of householders. 3

4. It is declared in the Veda, 'A realm where a Brâhmana is appointed domestic priest, prospers;' 4

5. For thus both (the special duties of a king and those of a householder) will be fulfilled,

6. And (the king alone is) unable (to do both).

7. Let the king, paying attention to all the laws of countries, (subdivisions of) castes (gâti) and families, make the four castes (varna) fulfil their (respective) particular duties. 7

8. Let him punish those who stray from (the path of duty). 8

9. But punishment must be awarded in cases of assault and abuse after (due consideration of) the particular place and time (where and when the offence was committed), of the duties, age, learning (of the parties), and the seat (of the injury), 9

10. In accordance with (the precepts of) the (sacred) records and with precedents.

11. Let him not injure trees that bear fruit or flowers. 11

12. (But) he may injure them in order to extend cultivation and (for sacrifices). 12

13. The measures and weights of objects necessary for households must be guarded (against falsification). 13

14. Let him not take property for his own use from (the inhabitants of) his realm. 14

15. The measures and price (of such property) only shall be liable to deductions (in the shape of taxes).

16. . . . . . . . . . . 16

17. On the march against the enemy the army which consists of companies of ten, shall be able to perform a double (duty). 17

18. In every (camp) there shall be places where water is distributed.

19. Let him make one hundred men at the least engage in battle.

20. The wives (of slain soldiers) shall be provided for.

21. . . . . . . . . . . 21

22. A ferry shall be taken away (from a river) in which there is no water. 22

23. A Srotriya is free from taxes, (and so are) a servant of the king, one who has no protector, 23 one who has left (the order of householders), an infant, a very aged man, a young man (who studies), and pradâtâs;

24. (Moreover widows) who return to their former (family), unmarried maidens, and the wives of servants, 24

25. He who swims with his arms (across a river in order to escape payment of a toll at a ferry) shall pay one hundred times (the amount due). 25

26. No taxes (shall be paid) on the usufruct of rivers, dry grass, forests, (places of) combustion, and mountains; 26

27. Or those who draw their subsistence from them may pay (something),

28. But he shall take a monthly tax from artisans. 28

29. And when a king has died, let him give what is required for the occasion. 29

30. It is hereby explained that (his) mother (must receive) maintenance.

31. Let the king maintain the paternal and maternal uncles of the chief-queen,

32. As well as her other relatives.

33. The wives of the (deceased) king shall receive food and raiment,

34. Or if they are unwilling, they may depart. 34

35. Let the king maintain eunuchs and madmen, 35

36. Since their property goes to him.

37. Now they quote also a verse proclaimed by Manu, which refers to duties and. taxes, 'No duty (is paid) on a sum less than a Karshâpana, there is no tax on a livelihood gained by art, nor on an infant, nor on a messenger, nor on what has been received as alms, nor on the remnants of property left after a robbery, nor on a Srotriya, nor on an ascetic, nor on a sacrifice.' 37

38. A thief becomes free from guilt by entering (the royal presence) after (his deed and asking to be punished). 38

39. But according to some (lawyers) he (who is caught) with weapons in his hands, with stolen goods in his possession, or covered with wounds is proved (to be a criminal). 39

40. In case (a criminal) worthy of punishment is allowed to go free, the king shall fast during one (day and one) night;

41. (And) his domestic priest during three (days and) nights.

42. If an innocent man is punished, the domestic priest (shall perform) a Krikkhra penance;

43. (And) the king (shall fast) during three (days and) nights.

44. Now they quote also (the following verses): 'The slayer of a learned Brâhmana casts his guilt on him who eats his food; an adulterous wife on her (negligent) husband; a student and a sacrificer on an (ignorant) teacher (and officiating priest); and a thief on the king (who pardons him).' 44

45. 'But men who have committed offences and have received from kings the punishment (due to them), go pure to heaven, and (become) as holy as the virtuous.' 45

46. 'The guilt falls on the king who pardons an offender. If he causes him to be slain, he destroys sin in accordance with the sacred law.'

47. 'It is ordained that kings become at once pure (by bathing) when they have done acts causing death. They are likewise (pure while engaged in business) not causing death. Time is the reason for that.' 47

48. And with reference to this (matter) they quote a verse proclaimed by Yama, 'No taint of impurity, forsooth, falls on kings, on those engaged . in practising vows, or on those engaged in the performance of sacrificial session (sattra); for (the first) are seated on the throne of Indra, (and the others) are always equal to Brahman.' 48

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1. A penance (shall be performed) for an offence committed unintentionally. 1

2. Some (declare that it shall be performed) also for (a fault) committed intentionally.

3. 'The spiritual teacher corrects the learned; the king corrects the evil-minded; but Yama, the son of Vivasvat, forsooth, punishes those who offend secretly.'

4. And among those (sinful persons), let him who slept at sunrise stand during the (following) day and recite the verse sacred to Savitri. 4

5. Let him who slept at sunset remain in a sitting posture during the (next) night, likewise (reciting the Gâyatrî). 5

6. But let a man with deformed nails or black teeth perform a Krikkhra penance of twelve days' duration. 6

7. He whose younger brother married first shall perform a Krikkhra penance during twelve days, marry and take to himself even that (woman whom his brother wedded). 7

8. Now he who has taken a wife before his elder brother shall perform a Krikkhra penance and an Atikrikkhra penance, give (his wife) to that (elder brother), marry again, and take (back) the same (woman whom he wedded first).

9. The husband of a younger sister married before her elder sister shall perform a Krikkhra penance during twelve days, marry and take to him that (elder sister).

10. The husband of an elder sister married after the younger one shall perform a Krikkhra penance and an Atikrikkhra penance, give (his wife) to that (husband of the younger sister and marry again). 10

11. We shall, declare below (the penance prescribed for) him who extinguishes the sacred fire. 11

12. He who has forgot the Veda (by neglecting to recite it daily), shall perform a Krikkhra penance of twelve days' duration, and again learn it from his teacher. 12

13. He who violates a Guru's bed shall cut off his organ, together with the testicles, take them into his joined hands and walk towards the south wherever he meets with an obstacle (to further progress), there he shall stand until he dies: 13

14. Or, having shaved all his hair and smeared his body with clarified butter, he shall embrace the heated (iron) image (of a woman). It is declared in the Veda that he is. purified after death, 14

15. The same (expiation is prescribed if the offence was committed) with the wife of the teacher, of a son, and of a pupil. 15

16. If he has had intercourse with a female (who is considered) venerable in the family, with a female friend, with the female friend of a Guru, with an Apapâtra female, or with an outcast, he shall perform a Krikkhra penance during three months. 16

17. The same (penance must be performed) for eating food given by a Kândâla or by an outcast. Afterwards the initiation (must be performed) once more; but the tonsure and the rest may be omitted.

18. And with reference to this (matter) they quote a verse proclaimed by Manu, 'The tonsure, (the tying on of) the sacred girdle, (the wearing of) a staff, and the begging of alias, these acts may be omitted on a second initiation.' 18

19. If (a Brâhmana) intentionally (drinks) other spirituous liquor than that distilled from rice, or if he unintentionally (drinks) spirituous liquor extracted from rice (surâ), he (must perform) a Krikkhra and an Atikrikkhra, and, after eating clarified butter, be initiated again. 19

20. The same (expiation is prescribed) for swallowing ordure, urine, and semen.

21. If a Brâhmana drinks water which has stood in a vessel used for (keeping) spirituous liquor, he becomes pure by drinking, during three days, water (mixed with a decoction) of lotus, Udumbara, Bilva, and Palâsa (leaves). 21

22. But a Brâhmana who repeatedly (and intentionally partakes) of liquor extracted from rice, shall drink (liquor of) the same (kind) boiling hot. 'He becomes pure after death.' 22

23. We will declare (who must be considered) the slayer of a learned Brâhmana (bhrûnahan). He is called Bhrûnahan who kills a Brâhmana or destroys an embryo (the sex of) which is unknown. 23

24. 'For embryos (the sex of) which is unknown 24 become males; therefore they offer burnt-oblations for the production of males.'

25. Let the slayer of a learned Brâhmana kindle a fire and offer (therein the following eight oblations, consisting of portions of his own body), 25

26. The first (saying), 'I offer my hair to Death, I feed Death with my hair;' the second (saying), I offer my skin to Death, I feed Death with my skin;' the third (saying), 'I offer my blood to Death, I feed Death with my blood;' the fourth (saying), I offer my flesh to Death, I feed Death with my flesh;' the fifth (saying), 'I offer my sinews to Death, I feed Death with my sinews;' the sixth (saying), 'I offer my fat to Death, I feed Death with my fat;' the seventh (saying), 'I offer my bones to Death, I feed Death with my bones;' the eighth (saying), 'I offer my marrow to Death, I feed Death with my marrow.'

27. (Or) let him (fight) for the sake of the king, or for the sake of Brâhmanas, and let him die in battle with his face turned (to the foe). 27

28. It is declared in the Veda, '(A murderer) who remains thrice unvanquished or is thrice defeated (in battle) becomes pure.' 28

29. 'A sin which is openly proclaimed becomes smaller.' 29

30. To this (effect) they quote also (the following verse): 'By saying to an outcast, "O thou outcast!" or to a thief, "O thou thief!" a man incurs a guilt as great as (that of the offender). (If he) falsely (accuses anybody of such offences), his guilt will be twice as great.' 30

31. In like manner having slain a Kshatriya, he shall perform (a penance) during eight years, 31

32. For (killing) a Vaisya during six (years), 32

33. For (killing) a Sûdra, during three (years), 33

34. For killing a female of the Brâhmana caste who is an Atreyî, and a Kshatriya or a Vaisya, engaged in a sacrifice (the same penance must be performed as for killing a learned Brâhmana). 34

35. We will explain (the term) Atreyî. They declare that she who has bathed after temporary uncleanness is an Atreyî.

36. 'For if (the husband) approaches her at that (time), he will have offspring.' 36

37. (For killing a female of the Brâhmana caste) who is not an Âtreyî, (the penance prescribed) for the murder of a Kshatriya (must be performed), 37

38. (For killing) a female of the Kshatriya caste, (the penance prescribed) for the murder of a Vaisya,

39. (For killing) a female of the Vaisya caste, (the penance prescribed) for the murder of a Sûdra.

40. (For killing) a female of the Sûdra caste (let him perform) during one year (the penance prescribed for the murder of a Brâhmana).

41. If a man has stolen gold belonging to a Brâhmana, he shall run, with flying hair, to the king, (exclaiming) 'Ho, I am a thief; sir, punish me!' The king shall give him a weapon made of Udumbara wood; with that he shall kill himself. It is declared in the Veda that he becomes pure after death. 41

42. Or (such a thief) may shave off all his hair, anoint his body with clarified butter, and cause himself to be burnt from the feet upwards, in a fire of dry cowdung. It is declared in the Veda that he becomes pure after death. 42

43. Now they quote also (the following verses): 'Hear, (how) the bodies of those who having committed various crimes died a long time ago, and were (afterwards) born again, are (marked);'

44. 'A thief will have deformed nails, the murderer of a Brâhmana will be afflicted with white leprosy, but he who has drunk spirituous liquor will have black teeth, and the violator of his Guru's bed will suffer from skin diseases.' 44

45. Property received from outcasts, after forming alliances with them either by (teaching) the Veda (and by sacrificing) or by marriage, must be relinquished. Let him not associate with such (men). 45

46. It is declared in the Veda that (he who has associated with outcasts) becomes pure by reciting the Samhitâ (of his Veda), proceeding in a northerly direction and fasting. 46

47. They quote also (a verse) to this (effect), 'A sinner is liberated from guilt by tormenting his body, by austerities, and by reciting the Veda; he becomes also free by bestowing gifts. That has been declared in the Veda.'

CHAPTER XXI Scroll Up

1. If a Sûdra approaches a female of the Brâhmana caste, (the king) shall cause the Sûdra to be tied up in Vîrana grass and shall throw him into a fire. He shall cause the head of the Brâhmanî to be shaved, and her body to be anointed with butter; placing her naked on a black donkey, he shall cause her to be conducted along the highroad. It is declared that she becomes pure (thereby). 1

2. If a Vaisya approaches a female of the Brâhmana caste, (the king) shall cause the Vaisya to be tied up in Lohita grass and shall throw him into a fire. He shall cause the head of the Brâhmanî to be shaved, and her body to be anointed with butter; placing her naked on a yellowish donkey, he shall cause her to be conducted along the highroad. It is declared in the Veda that she becomes pure (thereby).

3. If a Kshatriya approaches a female of the Brâhmana caste, (the king) shall cause the Kshatriya to be tied up in leaves of Sara grass and shall throw him into a fire. He shall cause the head of the Brâhmanî to be shaved, and her body to be anointed with butter; placing her naked on a white donkey, he shall cause her to be conducted along the highroad. It is declared in the Veda that she becomes pure (thereby).

4. A Vaisya who offends) with a female of the Kshatriya class (shall be treated) in the same manner,

5. And a Sûdra (who offends) with females of the Kshatriya or Vaisya castes.

6. If (a wife) has been mentally unfaithful to her husband, she shall live on barley or rice boiled in milk during three days, and sleep on the bare ground. After the three days (have expired), the (husband) shall offer eight hundred burnt-oblations, (reciting) the Sâvitrî (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby). 6

7. If (a wife) has held an (improper) conversation (with another man), she must perform the same penance during a month. After (the expiration of) the month, (the husband) shall offer four times eight hundred burnt-oblations, (reciting) the Sâvitrî (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).

8. But if (a wife) has actually committed adultery, she shall wear during a year a garment smeared with clarified butter, and sleep on a mat of Kusa grass, or in a pit filled with cowdung. After (the expiration of) the year, (the husband) shall offer eight hundred burnt-oblations, (reciting) the Sâvitrî (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).

9. But if she commits adultery with a Guru, she is forbidden (to assist her husband) in (the fulfilment of) his sacred duties. 9

10. But (these) four (wives) must be abandoned, (viz.) one who yields herself to (her husband's) pupil or to (his) Guru, and especially one who attempts 10 the life of her lord, or who commits adultery with a man of a degraded caste.

11. That woman of the Brâhmana caste who drinks spirituous liquor, the gods will not admit (after death) to the same abode with her husband; losing all spiritual merit she wanders about in this world and is born again as a leech or a pearl-oyster. 11

12. The wives of Brâhmanas, Kshatriyas, and Vaisyas who commit adultery with a Sûdra may be purified by a penance in case no child is born (from their adulterous intercourse), not otherwise.

13. (Those who have committed adultery) with a man of lower caste shall perform a Krikkhra penance, succeeded by one, two, or three Kândrâyana. 13

14. Faithful wives who are constantly pure and truthful (reside after death) in the same abodes with their husbands; those who are unfaithful are born as jackals. 14

15. Half the body of the husband falls if his wife 15 drinks spirituous liquor. No purification is prescribed for the half which has fallen.

16. If a Brâhmana unintentionally commits adultery with the wife of a Brâhmana, (he shall perform) a Krikkhra penance in case (the husband) fulfils the religious duties (of his caste), and an Atikrikkhra penance in case (the husband) does not fulfil his religious duties. 16

17. The same (penances are prescribed) for Kshatriyas and Vaisyas (for adultery with women of their respective castes).

18. If he kills a cow, let him perform, during six months, a Krikkhra or a Taptakrikkhra, dressed in the raw hide of that (cow). 18

19. The rule for these two (penances is as follows):

20. 'During three days he eats in the day-time (only), and during the (next) three days at night (only), he subsists during (another) period of three days on food offered without asking, and (finally) he fasts during three days.' That is a Krikkhra penance. 20

21. 'Let him drink hot water during three days; let him drink hot milk during the (next) three days; after drinking during (another) period of three days hot clarified butter, he shall subsist on air during the (last) three days.' That is a Taptakrikkhra penance. 21

22. And he shall give (to a Brâhmana) a bull and a cow.

23. Now they quote also (the following verse): 'Through killing a spotted deer, a he-goat, and 23 a bird three maladies (befal men), viz. jealousy, hunger, and old age; (therefore) let him (who is guilty of such an offence) perform (a penance) during ninety-eight (days).'

24. Having slain a dog, a cat, an ichneumon, a snake, a frog, or a rat, let him perform a Krikkhra penance of twelve days' duration, and give something (to a Brâhmana). 24

25. But having slain a quantity of boneless animals, equal to the weight of a cow, let him perform a Krikkhra penance of twelve days' duration, and give something (to a Brâhmana). 25

26. But (the same penance must be performed) for each single (slain animal) that possesses bones. 26

27. He who extinguishes the (sacred) fires shall perform a Krikkhra penance of twelve days, and cause them to be kindled again (by priests engaged for the occasion). 27

28. He who falsely accuses a Guru shall bathe, dressed in his clothes, and ask his Guru's pardon. It is declared in the Veda that he becomes pure by the Guru's forgiving him. 28

29. An atheist shall perform a Krikkhra penance of twelve days' duration, and give up his infidelity. 29

30. But he who receives subsistence from infidels (shall perform) an Atikrikkhra penance (and not repeat his offence).

31. (The rule applicable to) a seller of Soma has been explained hereby. 31

32. A hermit, on violating the rules of his order, shall perform a Krikkhra penance of twelve days' duration, and continue (the observances obligatory on him) in a great forest.

33. Ascetics, (offending in the same manner) as hermits, shall perform for a protracted period (the vow of regulating the quantity of their food according to) the growth of the moon, and shall again be initiated, in accordance with (the rules of) the Institutes applicable to them. 33

CHAPTER XXII Scroll Up

1. Now, indeed, man (in) this (world) speaks an untruth, or sacrifices for men unworthy to offer a sacrifice, or accepts what ought not to be accepted, or eats forbidden food, or practises what ought not to be practised. 1

2. They are in doubt if he shall perform a penance for such (a deed), or if he shall not do it.

3. (Some) declare that he shall not do it,

4. Because the deed does not perish.

5. (The correct view is, that) he shall perform (a penance), because it is enjoined in the revealed texts, 5

6. 'He who offers a horse-sacrifice conquers all sin, he destroys the guilt of the murder of a Brâhmana.'

7. (Moreover), 'Let an Abhisasta offer a Gosava or an Agnishtut-sacrifice,'

8. Reciting the Veda, austerity, a sacrifice, fasting, giving gifts are the means for expiating such a (blamable act).

9. (The purificatory texts are) the Upanishads, the Vedântas, the Samhitâ-text of all the Vedas, the (Anuvâkas called) Madhu, the (hymn of) Aghamarshana, 9

the Atharvasiras, the (Anuvâkas called) Rudras, the Purusha-hymn, the two Sâmans called Râgana and Rauhineya, the Kûshmândas, the Pâvamânîs, and the Sâvitrî,

10. Now they quote also (the following verse): 'He who performs once in each season the offerings to Vaisvânara and Vratapati and the Pavitreshti sanctifies ten ancestors.' 10

11. To live on milk alone, as if one were fasting, to eat fruit only, (to live on) barley gruel prepared of a handful of grain, to eat gold, to drink Soma (are modes of subsistence which) purify. 11

12. All mountains, all rivers, holy lakes, places of pilgrimage, the dwellings of Rishis, cowpens, and temples of the gods (are) places (which destroy sin).

13. A year, a month, twenty-four days, twelve days, six days, three days, a day and a night are the periods (for penances).

14. These (acts) may be optionally performed when no (particular penance) has been prescribed,

15. (Viz.) for great sins difficult (penances), and for trivial faults easy ones.

16. The Krikkhra and the Atikrikkhra (as well as) the Kândrâyana are penances for all (offences).

Suggestions for Further Reading

Footnotes Scroll Up

75:1-9. XV. Vyavahâramayûkha IV, 5, 16; Colebrooke V, Digest CCLXXIII; Dattakamîmâmsâ IV, 14; V, 31-40.

75:3 Colebrooke, Mitâksharâ I, II, 11; Dattakamîmâmsâ IV, 2-3.

75:4 Dattakamîmâmsâ IV, 4. I.e. to offer funeral sacrifices to his ancestors and to have sons who do it after him.

75:5 Dattakamîmâmsâ I, 15; IV, 9.

75:6 Colebrooke, Mitâksharâ I, II, 13, and note; Dattakamîmâmsâ p. 76 II, 51; Dattakakandrikâ II, 11. 'To the king,' i.e. to the person who holds the village, either to the king of the country or to the feudal chief (Thâkor) who holds it under the sovereign. 'Reciting the Vyâhritis,' i.e. saying with the first oblation Om bhûh svâhâ, with the second Om bhuvah svâhâ, with the third Om svah svâhâ, and with the fourth Om bh., bh., sv. svâhâ; see Vyavahâramayûkha IV, 5, 42. 'A not remote kinsman, just the nearest among his relatives,' i.e. a boy as nearly related as possible, in the first instance a Sapinda, on failure of such a one, .a Samânodaka or a Sagotra.

76:7 Dattakamîmâmsâ II, 18; Dattakakandrikâ II, 11. If a doubt arises,' i.e. if the adopter afterwards feels uncertain regarding the caste or other qualifications of his adopted son. 'Set him apart like a Sûdra,' i.e. shall neither have him initiated nor employ him for any sacred rites.

76:8 Dattakakandrikâ II, 11.

76:9 Colebrooke, Mitâksharâ I, 11, 24. Dattakamîmâmsâ X, 1; Dattakakandrikâ II, 11; V, 17. For the explanation of the term 'a fourth part,' see Colebrooke, Mitâksharâ I, 77.

76:10 'Rites procuring prosperity,' i.e. Srâddhas, expiatory rites, &c. See also above, III, 71, and Gautama XI, 17. According to Krishnapandita the estate is in this case to be divided equally between the legitimate son and the adopted son. An entirely p. 77 different explanation, 'Provided (the estate) may not have been expended in acts of merit,' is given Dattakakandrikâ V, 17-18. It is doubtlessly erroneous, for 'the estate' is nowhere mentioned in the preceding Sûtras.

77:11 Gautama XX, 1.

77:12 Gautama XX, 4. 'For the (outcast),' i.e. pronouncing his name, and saying, 'I deprive N. N. of water.'

77:13 Gautama XX, 5. Krishnapandita takes the Sûtra differently, but his explanation is refuted by the parallel passage of Gautama and Haradatta's commentary thereon.

77:14 Gautama XX, 7.

77:15 Gautama XX, 8-9.

78:20 Gautama XX, 10-14. I read 'punyahradât,' instead of 'pûrnâhradât,' as the MSS. and Krishnapandita have. The passage of the Veda referred to occurs Rig-veda X, 9, I.

78:21 I.e. the person readmitted shall receive all the various sacraments just like a new-born child.

Footnotes

78:2 XVI. Vishnu III, 72-73. Krishnapandita gives a second explanation of the Sûtra, which also appears admissible, 'Let the king transact the business on the bench, taking counsel (with learned Brâhmanas as assessors);' see Vishnu III, 72.

78:3 Translated as above the Sûtra is nearly equivalent to Gautama p. 79 XI, 5. But the phrase 'when two parties have a dispute' may also indicate, as Krishnapandita suggests, that the king or judge shall not promote litigation, see Gautama XIII, 27. As Krishnapandita states, the Sûtra may, however, mean also, 'when one case is being argued, let him not begin another (without finishing the first);' see Manu VIII, 43. Owing to the particular nature of the Sûtra style and the inclination of the Brâhmanical mind to double-entendres, I do not think it improbable that the author may have intended, both in this and in the preceding Sûtras, that his words should be interpreted in two ways.

79:4 Gautama XI, 23-24. I divide the words of the text, as follows, 'yathâsanam (i.e. yathâ-âsanam) aparâdhohî; antena aparâdhah,' and interpolate syât at the end of the first clause.

79:5 Krishnapandita wrongly divides this Sûtra into two, and wrongly adopts the reading of MSS. B. and E., consequently he obtains a sense only by the most astonishing tricks of interpretation. I read with MSS. Bh. and F., yathâsanam aparâdhohyâdyavarnayor vidyântatah, to which the reading of I. O. 913 âdyavarnayor vidhânatah points also. The meaning of the expression, 'according to the sum of the science of the first two castes,' I take to be according to the rules of sacred learning and of the mîmâmsâ, which is peculiar to the Brâhmanas and of logic (ânvîkshikî) and polity (dandanîti), which are peculiar to or at least recommended to the particular attention of the Kshatriyas.

79:6 I read with MSS. Bh. and F., sampannam ka rakshayet. I consider this Sûtra to contain an admonition addressed to the king for himself; see Manu VII, 99. Krishnapandita and B. read sapattram ka rakshayet, 'Let him protect that which is attested by writings,' i, e. the donations of former kings, attested by writings; see Vishnu III, 83.

79:7 Krishnapandita thinks that the rule refers to the property of p. 80 the infant children of a hostile king who has been conquered and slain. It is, however, not improbable that it has a wider sense, and exhorts the king to look after the property of the children of his predecessor and of deceased feudal barons.

80:8-9. Gautama X, 48; Vishnu III, 65.

80:10 Yâgñavalkya II, 22.

80:11 Krishnapandita quotes in illustration of this Sûtra the following passage of Saṅkha and Likhita: 'In a field through which (there is a right of) road, (space) for the road must be set apart, and on the king's high-road a space sufficient for turning a chariot.'

80:12 Arthântareshu, 'near other things (of the same description),' means, according to Krishnapandita, 'near pleasure-gardens and the like: No doubt, buildings of all kinds, fenced or walled gardens, and so forth are meant. I read tripâdamâtram.

80:13 Manu VIII, 258, 262; Yâgñavalkya II, 150, 152, 154.

81:15 Manu VIII, 259.

81:16 In translating anvâdheya by 'property given to a wife by her husband or his family after marriage,' I have followed Krishnapandita's explanation. It may, however, mean also 'a deposit to be delivered to a third person' (anvâhita or anvâdhi). Pratigraha, 'a gift,' is elsewhere explained as 'property promised, but not actually given.'

81:17 Yâgñavalkya II, 24; see also Vishnu V, 187; Manu VIII, 148.

81:18 Identical with Manu VIII, 149; Yâgñavalkya II, 25.

81:19 Manu VIII, 30.

81:20 'If it be otherwise,' i.e. if the owner gave his property up temporarily only, e.g. went on a journey or a pilgrimage, leaving it without anybody to take care of.

82:28 Vishnu VIII, 8; Yâgñavalkya II, 68; Manu VIII, 62-63.

82:29 Yâgñavalkya II, 69.

82:30 Manu VIII, 68.

82:31 Vishnu VI, 41; Manu VIII, 159; Yâgñavalkya II, 47.

83:33 Identical with Manu VIII, 93.

83:34 Identical with Manu VIII, 98. Regarding the explanation of the words 'he kills,' see Manu VIII, 97, and Haradatta on Gautama XIII, 14.

83:35 Gautama XXIII, 29. Between this and the preceding Sûtras the MSS. as well as Krishnapandita insert another one, which is so corrupt that I am unable to translate it. Krishnapandita's explanation is opposed to all rules of interpretation, and not worth giving.

83:36 This verse, too, is corrupt, though the general sense is not doubtful. I read svaganasyârthe yadi vârthahetoh pakshâsrayenaiva vadanti kâryam--te sabdavamsasya kulasya pûrvân svargasthitâmstânapi pâtayanti. 'The ancestors of their spiritual family,' i.e. the teacher, the teacher's teacher, and so forth.

Footnotes Scroll Up

84:1 XVII. Identical with Vishnu XV, 45; Manu IX, 107; Colebrooke Y, Dig. CCCIV.

84:2 The latter part of the quotation occurs Aitareya-brâhmana VII, 3, 9.

84:3 Rig-veda I, 21, 5.

84:4 Rig-veda V, 4, 10; Taittirîya-samhitâ I, 4, 46, I.

84:5 Identical with Manu IX, 137, and Vishnu XV, 46.

84:6 The same point is argued Manu IX, 31-56.

84:8 Identical with Manu IX, 50.

85:9 Âpastamba II, 6, 13, 7.

85:10 Vishnu XV, 42.

85:11 Vishnu XV, 41.

85:12 Colebrooke V, Dig. CXCIII; Vishnu XV, 1. Elsewhere the expression purânadrishtâh, 'noticed by the ancients,' has been taken to mean 'seen in the Purâna' ('the holy writ,' Colebrooke).

85:13 Colebrooke V, Dig. CXCIII; Vishnu XV, 2.

85:14 Colebrooke V, Dig. CCXXX; Vishnu XV, 3.

85:15 Colebrooke V, Dig. CCIII; Mitâksharâ I, 11, 3; Vyavahâra Mayûkha IV, 4, 43. The curious fact that Vasishtha here calls the appointed daughter a son may perhaps be explained by a custom which, though rarely practised, still occurs in Kasmîr, and by which a brotherless maiden is given a male name. A historical instance of this kind is mentioned in the Râgataraṅginî, where it is stated that Kalyânadevî, princess of Gauda and wife of king Gayâpîda, was called by her father Kalyânamalla. When I collated this passage with the help of a Kasmîrian, I was told that a certain Brâhmana, still living in Srinagar, had changed the p. 86 name of his only child, a daughter called Amrî, to the corresponding masculine form, Amargû, in order to secure to himself through her the same spiritual benefits as if he had a son. It seems to me not improbable that Vasishtha's Sûtra alludes to the same legal fiction, and that he recommends in the first instance that the father is to make his daughter a son by changing her name, and next to secure for himself her son, by the verse quoted Sûtra 17.

86:16 Colebrooke V, Dig. CCIII, where the preceding Sûtra has been placed after this. Compare Rig-veda I; 124, 5.

86:17 Colebrooke V, Dig. CCXVI; Mitâksharâ I, 11, 3; Dâyabhâga X, 4; Vyavahâra Mayûkha IV, 4, 43; Vishnu XV, 5.

86:18 Vishnu XV, 7.

86:19 Nârada XII, 48 (Jolly), where, however, kaumâram patim has been wrongly translated by 'an infant husband.'

86:20 Manu IX, 175.

86:21 Colebrooke V, Dig. CCLIX; Vishnu XV, 10.

86:22 Colebrooke V, Dig. CCLIX; Vishnu XV, 11.

87:24 Vishnu XV, 13.

87:25 'From a great danger,' i.e. 'from the danger of losing heaven through failure of the funeral oblations.'

87:26 Vishnu XV, 15. 28. Vishnu XV, 18.

87:29 Vishnu XV, 19. 30. Vishnu XV, 20.

87:32 The MSS. and editions read the last word of the Sûtra as follows: B. vikrîyya; Ben. ed. vikrîya; Bh. E. F. vikrâdya; Calc. ed. and I. O. 913 vikrâyya svayam krîtavân. I believe that, as the letters ka and va are constantly mistaken by the copyists the one for the other, the original reading was kikrâya. Regarding the story told in this Sûtra and continued below, Sûtra 35, see Max Müller, History of Ancient Sanskrit Literature, pp. 408-416 and 573-588.

87:33 Vishnu XV, 22.

88:36-37. Colebrooke V, Dig. CCXC; Vishnu XV, 24-25.

88:38 Colebrooke V, Dig. CCXCII; Dattakakandrikâ V, 14; Vishnu XVII, 27; Manu IX, 178-179; Gautama XXVIII, 39.

88:40 Colebrooke V, Dig. L; Vyavahâra Mayûkha IV, 4, 37.

88:41 Colebrooke V, Dig. CXVII; Vyavahâra Mayûkha IV, 4, 37.

88:42-45. Colebrooke V, Dig. L; Dâyabhâga II, 41; Gautama XXVIII, 9 and 5-7.

89:46 Colebrooke V, Dig. CCCCXCII; Dâyabhâga IV, 2, 15; Vishnu XVII, 21.

89:47-50. Colebrooke V, Dig. CLIV; Vishnu XVIII, 1--5.

89:51 Colebrooke V, Dig. LXXV, CXXXVIII, CCCLVI; Dâyabhâga II, 41; Vyavahâra Mayûkha IV, 7, 8. 'By his own effort,' i.e. by learning or disputations with learned men, by bravery in battle, &c.

89:52 Colebrooke V, Dig. CCCXXXVIII; Mitâksharâ II, 8, 7; 10, 3; Vyavahâra Mayûkha IV, 11, 5. The persons intended are a perpetual student, a hermit, and ascetic.

89:53 Vyavahâra Mayûkha IV, 11, 10.

89:54 Vyavahâra Mayûkha IV, 11, 10; Vishnu XV, 33.

89:55 'Practising religious vows,' i.e. 'eating only once a day, and so forth.'--Krishnapandita.

90:56 Gautama XVIII, 4-7. The Gurus intended are the teacher, sub-teachers (upâdhyâya), and officiating priests.

90:57 Avasâm, 'ill-conducted,' may also mean 'out of her mind through grief or any other passion.' The former explanation has been adopted by Krishnapandita, whom I have followed above.

90:61 Manu IX, 60. Regarding the muhûrta sacred to Pragâpati, see above, XII, 47.

90:63 Gautama XVIII, 9-12.

91:64 Gautama XVIII, 13. 'To both the males connected with the appointment,' i.e. to the deceased husband for whose sake the appointment is made, and to the natural father of the child, to whom the widow is made over.

91:65 Colebrooke, Mitâksharâ II, 1, 11. Krishnapandita thinks that the Sûtra forbids an appointment which is made with the intention to secure the estate or a share of the estate of the natural father, from whom the kshetraga son inherits also (Yâgñavalkya II, 127). But it seems equally probable that it is intended to pre-vent a widow from agreeing to an appointment in order to obtain control over her husband's estate.

91:66 Krishnapandita thinks that the rule refers to all cases of appointment.

91:67-68. Vishnu XXIV, 40, and note.

91:70 Gautama XVIII, 23.

92:71 Colebrooke IV, Dig. XVI; Dâyabhâga XI, 2, 6; Yâgñavalkya I, 64.

92:72 Colebrooke IV, Dig. CLXXIV.

92:75-76. Colebrooke IV, Dig. CLVI, where the Sûtras have been altered intentionally; Gautama XVIII, 15-12,

93:79 The persons intended are, (1) brothers united in interest with her husband and other coparceners, (2) separated brothers of the husband. (3) separated blood-relations of the husband within six degrees, (4) separated blood-relations of the husband within fourteen degrees, and (5) persons bearing the same family name or, in the case of Brâhmanas, descended from the same Rishi.

93:81 Gautama XXVIII, 21; Vishnu XVII, 10. The subsidiary sons are those mentioned above, 26-38, who under ordinary circumstances do not inherit; see also above, Sûtra 39, and Gautama XXVIII, 34.

93:82 Âpastamba II, 6, 14, 3.

93:83-84. Vishnu XVII, 13.

94:87 Vishnu XVII, 14.

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94:1 XVIII. Vishnu XVI, 6.

94:4 Krishnapandita reads Romaka, 'a Roman,' for Râmaka, and the B. MS. supports him. The other MSS., including I. O. 913, give the reading adopted above. I prefer it, as there is no reason to assume that the Vâsishtha Dharmasâstra belongs to the late period when the Hindus had become aware of the existence of the Roman empire. On the other hand, it may be urged that Romaka is a correction which would easily suggest itself to a Pandit, who was unable to find a parallel passage in which the word Râmaka occurs.

94:6 Vishnu XVI, 6.

94:7 Manu X. 40.

95:8 Gautama IV, 16.

95:10 I omit the words sava iti mritâkhyâ, 'a corpse is another name for one who has died,' as an interpolation.

95:11 Âpastamba I, 3, 9, 9. 12. Vishnu XXX, 14.

95:14-15. Identical with Manu IV, 80-81.

95:16 A Prâgâpatya penance, i.e. a Krikkhra, see below, XXI, 20. p. 96 The verse belongs rather to the section on penances, and seems to have been entered here merely because it stood in Yama's text with the other two, and the author, to use a homely Indian comparison, 'did not disdain to catch a fish, though he went to fetch water.'

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96:1 XIX. Vishnu III, 2.

96:2 Manu VIII, 306.

96:3 Vishnu III, 70.

96:4 Gautama XI, 14.

96:7 Vishnu III, 3; Gautama XI, 20.

97:8 Vishnu III, 37.

97:9 Gautama XII, 51. Krishnapandita has two Sûtras instead of one, and reads the second himsâkrosayoh kalpah. The majority of the MSS. have, however, kalpâ(h), which I consider to be a mistake for kalpyah, 'must be awarded.'

97:11 Vishnu V, 55-56. The meaning of the Sûtra is that the king is to punish those who commit such acts.

97:12 The explicit permission to cut down trees for sacrificial purposes is given Vishnu LI, 63.

97:13 Manu VIII, 403.

97:14-15. The translation of these two Sutras is not certain, because the words nîhâra and naihârika are not found elsewhere in the sense which has been attributed to them here. Still I think it very probable that Krishnapandita's explanation nirhâra and nirhâre sâdhu is right, and that the king is exhorted not to take the property of his subjects by force, but to levy taxes according to the value or the measure of the articles sold.

98:16 The Sûtra has been left out, as the text is corrupt, and I am unable to suggest any emendation. Krishnapandita's explanation is not worth giving.

98:17 'The army which consists of companies of ten,' i.e. the lowest subdivision of which consists of ten parts, viz. one elephant, one chariot, two horsemen, and three foot soldiers. Such a body is called a patti. The larger divisions, like the senâmukha, 'battalion,' &c., are formed by three, nine, or twenty-seven pattis. Though I am unable to adduce any positive proof for it, vâha must, according to the connexion in which it stands, be a synonym of patti. 'The double duty' of the army is, according to Krishnapandita, marching and fighting.

98:21 The Sûtra is utterly corrupt, and cannot be restored with the help of the MSS. at my disposal. It probably referred to the amount of duties to be levied on goods sold in the market.

98:22 The meaning of the Sûtra seems to be, that on those rivers, where the water either runs off or is very low during the dry season, the ferrymen must not be allowed to exact a toll from people crossing without their help. Such a rule would not be superfluous, as most Indian rivers are perfectly fordable between December and June, but impassable without boats in the other five months.

98:23 Âpastamba II, 10, 26, 10, 12-17; Manu VIII, 394. Krishnapandita to correctly points out that, though according to I, 43, all Brâhmanas are to be free from taxes, the Srotriya or Vaidik is mentioned once more in order to show that a king, however distressed, must not take anything from him (Manu VII, 133). Krishnapandita reads instead of pradâtâs, pradâtârah, 'very liberal men.' Manu loc. cit. exempts 'those who confer great benefits on priests of eminent learning' from paying taxes. His emendation would, therefore, be acceptable if the word pradâtâh did not occur in the same connexion above, XI, 7.

99:24 Âpastamba II, 10, 26, 11.

99:25 I read with the majority of the MSS. bâhubhyâmuttarañkhatagunam dadyât.

99:26 Krishnapandita explains dâha, '(places of) combustion,' by agni, 'fire.' I am not certain what he means thereby. To me it seems most probable that Vasishtha intends 'a place of cremation' (dâhasthala), though it is just possible to refer the expression to the jungle fires, which the aboriginal tribes light in the forests, in order to sow their Nâglî in the ground manured by the ashes.

99:28 Gautama, X, 31.

99:29 Krishnapandita refers this and the following five Sûtras to p. 100 the case where a king has conquered a foreign country; compare also Vishnu III, 49-48. I think that Sûtras 30-31 conclusively show that these rules are intended to regulate the conduct of a king on the death of his predecessor and his own accession to the throne.

100:34 Krishnapandita thinks that the queens unwilling to accept a bare subsistence may go wherever they like. I think the word used in the text points rather to their becoming ascetics.

100:35 This rule refers apparently to eunuchs and insane persons left with money, but without near relatives, with whom they are united in interest. Vishnu III, 65.

100:37 I translate the one word sulka by 'duties and taxes.' The term has a great many different meanings in the law books, and is in this verse apparently used in two senses. Krishnapandita is of a different opinion, and thinks that the persons named are free from paying a sulka in case they trade. The chief objection is that trading ascetics and Srotriyas are not known to the ancient writers, though they are common enough in modern India.

101:38 This Sûtra apparently alludes to a penitent thief who con-fesses his crime and asks for punishment; see below, XX, 41.

101:39 Manu IX, 270; Nârada V, 29-33 (Jolly). As given in the MSS. and by Krishnapandita, the Sûtra is doubtlessly corrupt. I read vranasampanno vyapadishtah.

101:44 Identical with Manu VIII, 317.

101:45 Identical with Manu VIII, 318.

102:47 Vishnu XXII, 48; Manu V, 94.

102:48 Identical with Manu V, 93. 'Those engaged in practising vows' are, according to Kullûka and Krishnapandita, students learning the Veda.

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102:1-2. XX. Manu XI, 45; Yâgñavalkya III, 226.

102:4 'Among those,' i.e. the sinful men (enasvinah) enumerated above, I, 18; Vishnu LIV, 11.

103:5-10. Manu XI, 201.

103:6 Regarding the Krikkhra penance, see below, XXI, 20.

103:7-8. Vishnu LIV, 16. According to Krishnapandita both brothers shall perform penances. The elder brother shall marry after his penance is finished. The younger one shall offer his wife to the elder, in order to atone for the slur put upon the elder. The latter shall accept her for form's sake and return her to the younger brother, who must once more wed her. Regarding the Atikrikkhra penance, see below, XXIV, 2.

103:10 Vishnu LIV, 16. Krishnapandita thinks that he should marry another wife, but adds that others say that, after offering his wife to the husband of the younger sister and receiving his permission he should wed her once more.

104:11 See below, XXI, 27.

104:12 Vishnu LIV, 13.

104:13 Gautama XXIII, 10.

104:14 Gautama XXIII,

104:15-16. Gautama XXIII, 12. 9, 11.

104:16 Krishnapandita explains sakhîm, 'a female friend,' by 'a woman who has affection (for the offender), i.e. a sister and so forth.' Apapâtra are low-caste people, whose vessels must not be used; see Âpastamba I, 1, 3, 25, note.

105:18 Identical with Manu XI, 152, and Vishnu LI, 5.

105:19-20. Manu XI, 151; Vishnu LI, 2. Regarding the other of liquors, see Manu XI, 95-96,

105:21 Manu XI, 148.

105:22 Gautama XXIII, 1.

105:23 Gautama XXII, 13. It must be understood a real Brâhmana who knows the Veda is meant.

105:24 'Therefore they offer burnt-oblations for the production of males,' i.e. they perform the Pumsavana, one of the sacraments; p. 107 see eg. Âsvalâyana I, 13. The Sûtra is marked as a quotation, and probably belongs to some Vedic work.

106:25 Âpastamba I, 9, 25, 12.

106:27 Gautama XXII, 8.

106:28 Âpastamba I, 9, 24, 21.

106:29 Taken by itself the Sûtra would seem to refer to the maxim that a free confession reduces the guilt of the offender (Manu XI, 228). But on account of the next Sûtra it is necessary to assume, with Krishnapandita, that half the guilt of a crime, of which another man justly accuses an offender, falls on the accuser, while the p. 107 offender's guilt becomes less by the publication of his misdeed. It is, however, not improbable that the text is here defective, and one or several Sûtras have been left out.

107:30 Gautama XXI, 17-18.

107:31 Vishnu L, 12. The text is here evidently defective. The Sutra or Sûtras left out must have contained the description of another penance for the murder of a Brâhmana, which is mentioned in nearly all the Smritis (see Vishnu L, 1-6, 15, and the parallel passages). Its chief conditions are, that the murderer is to live separate for twelve years, and to subsist on alms given by people who are acquainted with his crime. Without such an additional rule this and the following Sûtras are utterly unintelligible.

107:32 Vishnu L, 13.

107:33 Vishnu L, 14.

107:34 Vishnu L, 7, 9.

107:36 The author means to say that the word âtreyî is derived from atra, at that time,' and the verb i, 'to approach.' The etymology is worthy of the Nirukta.

108:37-40. Gautama XXII, 17.

108:41 Vishnu LII, 1-2. Krishnapandita remarks that Sûlapâni explains audumbaram, 'made of Udumbara wood,' by 'made of copper,' and that the weapon intended is a club. The last remark is probably true, as the parallel passages of the other Smritis state that the thief is to take a club to the king, with which he is to be struck.

108:42 Âpastamba I, 9, 25, 6.

109:44 Manu XI, 49; Vishnu XLV, 4, 5, 6.

109:45 Vishnu LIV, 28.

109:46 Manu XI, 194.

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109:1-5. XXI. Gautama XXIII, 15. Krishnapandita reads, instead of prâsyet, 'he shall throw,' prâsyet, and explains it by dâhayet, he shall cause to be burnt.' It must be understood that these p. 110 extreme punishments are to be inflicted in particularly bad cases only.

110:6 'Afterwards in order to purify her who is immersed in water, i.e. has plunged into water, he shall offer eight hundred, i.e. (such) p. 111 a number of burnt-oblations with the Siras, i.e. (the words) "Om, ye waters, who are splendour, juice, and ambrosia," &c., which are joined to the Gâyatrî.'--Krishnapandita. The Siras, or 'head,' is again mentioned below, XXV, 13; see also Vishnu LV, 9. This and the following two rules refer to offences committed with males of equal caste.

111:9 Yâgñavalkya I, 70. Colebrooke IV, Dig. LXXVI, where a different reading, vyavâyatîrthagamanadharmebhyah; has been adopted, and the Sûtra has been combined with the neat. The first clause may also be translated, 'If she actually commits adultery, (and especially) if she converses with a Guru.'

111:10 Colebrooke loc. cit.; Manu IX, 80; Yâgñavalkya 1, 72.

112:11 Colebrooke IV, Dig. CXIII, where sûkarî, 'a sow,' is read instead of suktikâ, 'a pearl-oyster.'

112:13 Manu XI, 178. Krishnapandita states correctly that kândrayanottaram, 'succeeded by one, two, or three Kândrâyanas,' may also mean 'following one, two, or three Kândrâyanas,' and that the number of Kândrâyanas to be performed depends on the caste of the person with whom the adultery was committed. Thus a Brahmanî must perform one Krikkhra and one Kândrâyana for adultery with a Kshatriya, one Krikkhra and two Kândrâyanas for adultery with a Vaisya, and one Krikkhra and three Kândrâyanas for adultery with a Sûdra. His view that the rule refers to wives who commit the sin without intent or against their will, is open to doubt. It is probably an alternative, to be adopted in lighter cases, for the public punishment prescribed above, XXI, 1-3. Regarding the Kândrâyana, see below, XXIV, 44,

112:14 Colebrooke IV, Dig. CVIII; Manu V, 164-165.

112:15 Manu IX, 80; Yâgñavalkya I, 73.

113:16 'Vishnu LIII, 2.

113:18 Vishnu L, 16-24; Gautama XXII, 18.

113:20 Vishnu XLVI, 10.

113:21 Vishnu XLVI, 11.

113:23 The above translation follows the commentary of Krishnapandita, p. 114 who further states that the penance to be performed shall consist of a diet of barley gruel. I feel by no means certain that his interpretation, especially that of the last clause, is correct. Possibly ashtânavatim âharet may mean 'he shall offer ninety-eight oblations.'

114:24 Vishnu L, 30, 31.

114:25 Gautama XXII, 21. 'Something' means eight handfuls of grain.

114:26 Gautama XXII, 22.

114:27 Vishnu LIV, 13; Gautama XXII, 34.

114:28 Vishnu LIV, 14; Yâgñavalkya III, 283.

114:29-30. Vishnu LIV, 15.

115:31 Vishnu LIV, 17.

115:33 The penance prescribed appears to be similar to the Kândrâyana. The offender must eat one mouthful on the first lunar day, two on the second, and so forth. But it is not clear for how long a period the rule is to be observed. The Sûtra is interesting as it furnishes corroborative evidence for Pânini's statement (IV, 3, 110) that Bhikshu-sûtras which contained the, rules applicable to Bhikshus formerly existed.

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115:1 XXII. As this chapter is almost identical with and probably copied from Baudhâyana III, 10, and Gautama XIX, the division of the Sûtras has not been made in accordance with Krishnapandita's commentary, but agrees with that of the chapter in Gautama's Dharmasâstra. The notes to the translation of the p. 116 latter work must be consulted for the explanation of the more difficult passages.

116:5-7. The text appears here to be corrupt. After Sûtra 5, Baudhâyana III, 10, 6 (Gautama XIX, 7), Punah stomena yageta punah savanamâyântîti vigñâyate,' It is declared in the Veda, "Let him offer a Punahstoma-sacrifice, (those who offer it) again come to partake of (the libations of) Soma,"' has been left out. This omission caused the insertion of the words tasmâkkhrutinidarsanât [darsanât, Bh. F.], ('because it is enjoined in the revealed texts,') at the end of Sutra 5. The proof that the sixth Sûtra of Baudhâyana has been accidentally omitted is furnished by the fact That several MSS. of Vasishtha read iti ka after yo ’svamedhena yagate (Vas. XXII, 6). This ka has no meaning, except if another Vedic passage preceded Sutra. 6. In order to escape this difficulty, Krishnapandita writes yo ’svamedhena yagata iti, and begins the next Sûtra with iti ka, which he explains by 'moreover.'

116:9 Krishnapandita gives before 'Vedântas' another word vedâdayah, which he explains by 'the Vedas, Smritis, and Purânas.'

117:10 Krishnapandita takes the last word dasapûrusham to mean ten ancestors and ten descendants.

117:11 'As if one were fasting,' i.e. in small quantities.--Krishnapandita.

Source: The Sacred Laws of the Âryas translated by Georg Bühler Part I: Âpastamba and Guatama (Sacred Books of the East, Volume 2.) [1879]. 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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