The Gautama Sutras, Chapters 1 to 14
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
- Essays On Dharma
- Esoteric Mystic Hinduism
- Introduction to Hinduism
- Hindu Way of Life
- Essays On Karma
- Hindu Rites and Rituals
- The Origin of The Sanskrit Language
- Symbolism in Hinduism
- Essays on The Upanishads
- Concepts of Hinduism
- Essays on Atman
- Hindu Festivals
- Spiritual Practice
- Right Living
- Yoga of Sorrow
- Mental Health
- Concepts of Buddhism
- General Essays
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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