The Gautama Sutras, Chapters 15 to 28
1. Now (follow the rules regarding) funeral oblations (Srâddha). 1
2. He shall offer (them) to the Manes on the day of the new moon, 2
3. Or in the dark half (of the month) after the fourth (lunar day), 3
4. Or on any day (of the dark half) according to (the results he may) desire; 4
5. Or if (particularly appropriate) materials or (particularly holy) Brâhmanas are at hand, or (the sacrificer is) near a (particularly sacred) place, no restriction as to time (need be observed): 5
6. Let him select as good food as he can afford, and have it prepared as well as possible.
7. He shall feed an uneven number (of Brâhmanas), at least nine, 7
8. Or as many as he is able (to entertain). 8
9. (Let him feed such as are) Srotriyas and 9 endowed with eloquence and beauty, of a (suitable) age, and of a virtuous disposition.
10. It is preferable to give (food at a Srâddha) to young (men in the prime of life).
11. Some (declare, that the age of the guests shall be) proportionate to (that of) the Manes. 11
12. And he shall not try to contract a friendship by an (invitation to a Srâddha). 12
13. On failure of sons (the deceased person's) Sapindas, the Sapindas of his mother, or his pupils shall offer (the funeral oblations),
14. On failure of these an officiating priest or the teacher.
15. The Manes are satisfied for a month by gifts of sesamum, Mâsha-beans, rice, barley, and water, 15
For (three) years by fish and the flesh of common deer, spotted deer, hares, turtles, boars, and sheep,
For twelve years by cow's milk and messes made of milk,
For a very long time by the flesh of (the crane called) Vârdhrînasa, by Ocyrnurn sanctum (sacred Basil), and by the flesh of goats, (especially) of a red (he-goat), and of a rhinoceros, (if these dishes are) mixed with honey.
16. Let him not feed a thief, a eunuch, an outcast, an atheist, a person who lives like an atheist, 16 the destroyer of the sacred fire; (the husband of) a younger sister married before the elder, the husband of an elder sister whose youngest sister was married first, a person who sacrifices for women or for a multitude of men, a man who tends goats, who has given up the fire-worship, who drinks spirituous liquor, whose conduct is blamable, who is a false witness, who lives as a door-keeper;
17. Who lives with another man's wife, and the (husband) who allows that (must not be invited); 17
18. (Nor shall he feed) a man who eats the food of a person born from adulterous intercourse, a seller of Soma, an incendiary, a poisoner, a man who during studentship has broken the vow of chastity, Who is the servant of a guild, who has intercourse with females who must not be touched, who delights in doing hurt, a younger brother married before the elder brother, an elder brother married after his younger brother, an elder brother whose 18 junior has kindled the sacred fire first, a younger brother who has done that, a person who despairs of himself, a bald man, a man who has deformed nails, or black teeth, who suffers from white leprosy, the son of a twice-married woman, a gambler, a man who neglects the recitation (of the sacred texts), a servant of the king, any one who uses false weights and measures, whose only wife is a Sûdra female, who neglects the daily study, who suffers from spotted leprosy, a usurer, a person who lives by trade or handicrafts, by the use of the bow, by playing musical instruments, or, by beating time, by dancing, and by singing;
19. Nor, (sons) who have enforced a division of the family estate against the wish of their father. 19
20. Some (allow) pupils and kinsmen (to be invited). 20
21. Let him feed upwards of three (or) one (guest) endowed with (particularly) excellent qualities. 21
22. If he enters the bed of a Sûdra female immediately after partaking of a funeral repast, his ancestors will lie for a month in her ordure. 22
23. Therefore he shall remain chaste on that day.
24. If (a funeral offering) is looked at by dogs, Kandâlas, or outcasts, it is blemished. 24
25. Therefore he shall offer it in an enclosed (place),
26. Or he shall scatter grains of sesamum over it,
27. Or a man who sanctifies the company shall remove the blemish.
28. Persons who sanctify the company are, any one who knows the six Aṅgas, who sings the Gyeshtha-sâmans, who knows the three texts regarding the Nâkiketa-fire, who knows the text which contains thrice the word Madhu, who knows the text which thrice contains the word Suparna, who keeps five fires, a Snâtaka, any one who knows the Mantras and Brâhmanas, who knows the sacred law, and in whose family the study and teaching of the Veda are hereditary. 28
29. (The same rule applies) to sacrifices offered to gods and men. 29
30. Some (forbid the invitation of) bald men and the rest to a funeral repast only.
1. The annual (term for studying the Veda) begins on the full moon of the month Srâvana (July-August); or let him perform the Upâkarman on 1 (the full moon of) Bhâdrapada (August-September) and study the Vedic texts,
2. During four months and a half, or during five months, or as long as the sun moves towards the South. 2
3. Let him remain chaste, let him not shave, nor eat flesh (during that period); 3
4. Or (this) restrictive rule may (be observed) during two months.
5. He shall not recite the Veda, if the wind whirls up the dust in the day-time, 5
6. Nor if it is audible at night,
7. Nor if the sound of a Vâna, of a large or a small drum, the noise of a chariot, and the wail of a person in pain (are heard), 7
8. Nor if the barking of many dogs and jackals, or the braying of many donkeys (is heard),
9. Nor if (the sky appears flaming) red, a rainbow (is seen), or hoar-frost (lies on the ground), 9
10. Nor if clouds rise out of season. 10
11. (Let him not study) when he feels the necessity to void urine or excrements, 11
12. Nor at midnight, in the twilight, and (while standing) in the water, 12
13. Nor while rain falls. 13
14. Some (declare, that the recitation of the Veda must be interrupted only) when (the rain) is dripping from the edge of the roof.
15. (Nor shall he study) when the teachers (of the gods and Âsuras, i.e. the planets Jupiter and Venus) are surrounded by a halo, 15
16. Nor (when this happens) to the two (great) lights (the sun and the moon), 16
17. (Nor) while he is in fear, riding in a carriage or on beasts of burden, or lying down, nor while his feet are raised, 17
18. (Nor) in a burial-ground, at the extremity of a village, on a high-road, nor during impurity, 18
19. Nor while a foul smell (is perceptible), while a corpse or a Kandâla (is) in (the village), nor in the neighbourhood of a Sûdra, 19
20. Nor while (he suffers from) sour eructations. 20
21. The Rig-veda and the Yagur-veda (shall not be studied) while the sound of the Sâmans (is heard). 21
22. The fall of a thunderbolt, an earthquake, an eclipse, and (the fall of) meteors (are reasons for discontinuing the reading of the Veda) until the same time (next day), 22
23. Likewise when it thunders and rains and 23 when lightning (flashes out of season) after the fires have become visible (in the twilight).
24. (If these phenomena appear) during the (rainy) season, (the reading must be interrupted) for a day (or a night), 24
25. And if lightning (is observed) during the night, (the recitation of the Veda shall be interrupted) until the third watch. 25
26. If (lightning) flashes during the third part of the day or later, (the Veda must not be read) during the entire (following night).
27. (According to the opinion) of some, a fiery meteor (has the same effect) as lightning,
28. Likewise thunder (which is heard) during the last part of the day,
29. (Or) also in the twilight.
30. (If thunder is heard) before midnight, (the study of the Veda must be interrupted) during the whole night. 30
31. (If it is heard) during the (early part of the) day, (the interruption must continue) as long as the sun shines,
32. Likewise if the king of the country has died.
33. If one (pupil) has gone on a journey (and) another (stays) with (the teacher, the study of the Veda shall be interrupted until the absentee returns). 33
34. When an attack (is made on the village), or a fire (breaks out), when one Veda has been completed, after (an attack of) vomiting, when he has partaken of a funeral repast or of a dinner on the occasion of a sacrifice offered to men, (the study of the Veda shall be interrupted) for a day and a night, 34
35. Likewise on the day of the new moon.
36. (On the latter occasion it may also be interrupted) for two days. 36
37. (The Veda shall not be studied for a day and a night) on the full moon days of the months Kârttika, Phâlguna, and Âshâdha. 37
38. On the three Ashtakâs (the Veda shall not be studied) for three (days and) nights. 38
39. Some (declare, that the rule applies) to the last Ashtakâ (only).
40. (On the occasion of) the annual (Upâkarman and Utsarga the reading shall be interrupted) on the day (of the ceremony) and those preceding and following it. 40
41. All (teachers declare, that the reading shall be interrupted for three days) when rain, thunder, and lightning (are observed) simultaneously, 41
42. When the rain is very heavy, (the reading shall be interrupted as long as it lasts). 42
43. On a festive day (the reading shall be stopped) after the (morning) meal, 43
44. And he who has begun to study (after the Upâkarman shall not read) at night for four Muhûrtas. 44
45. Some (declare, that the recitation of the Veda is) always (forbidden) in a town. 45
46. While he is impure (he shall) not even (recite the Veda) mentally. 46
47. (The study) of those who offer a funeral sacrifice (must be interrupted) until the same time next day, 47
48. Even if uncooked grain is offered at the funeral sacrifice.
49. And (those rules regarding the stoppage of the reading must be observed), which they teach in the several schools. 49
1. A Brâhmana may eat the food given by twice-born men, who are praised for (the faithful performance of their) duties, 1
2. And he may accept (other gifts from them).
3. Fire-wood, water, grass, roots, fruits, honey, (a promise of) safety, food brought unsolicited, a couch, a seat, shelter, a carriage, milk, sour milk, (roasted) grain, small fish, millet, a garland, venison, and vegetables, (spontaneously offered by a man) of any (caste) must not be refused, 3
4. Nor anything else that may be required for providing for (the worship of the) Manes and gods, for Gurus and dependents. 4
5. If the means for sustaining life cannot (be procured) otherwise, (they may be accepted) from a Sûdra. 5
6. A herdsman, a husbandman, an acquaintance 6 of the family, a barber, and a servant are persons whose food may be eaten,
7. And a trader, who is not (at the same time) an artisan. 7
8. (A householder) shall not eat every day (the food of strangers). 8
9. Food into which a hair or an insect has fallen (must not be eaten), 9
10. (Nor) what has been touched by a woman during her courses, by a black bird, or with the foot, 10
11. (Nor) what has been looked at by the murderer of a learned Brâhmana, 11
12. (Nor) what has been smelt at by a cow, 12
13. (Nor) what is naturally bad, 13
14. Nor (food) that (has turned) sour by itself, excepting sour milk, 14
15. (Nor) what has been cooked twice, 15
16. (Nor) what (has become) stale (by being 16 kept), except vegetables, food that requires mastication, fatty and oily substances, meat and honey.
17. (Food given) by a person who has been cast off (by his parents), by a woman of bad character, an Abhisasta, a hermaphrodite, a police-officer, a carpenter, a miser, a jailer, a surgeon, one who hunts without using the bow, a man who eats the leavings (of others), by a multitude (of men), and by an enemy (must not be eaten), 17
18. Nor what is given by such men who defile the company at a funeral dinner, as have been enumerated before bald men; 18
19. (A dinner) which is prepared for no (holy) purpose or where (the guests) sip water or rise against the rule, 19
20. Or where (one's) equals are honoured in a different manner, and persons who are not (one's) 20 equals are honoured in the same manner (as oneself, must not be eaten),
21. Nor (food that is given) in a disrespectful manner. 21
22. And the milk which a cow gives during the first ten days after calving (must not be drunk), 22
23. Nor (that) of goats and buffalo-cows (under the same conditions).
24. (The milk) of sheep, camels, and of one-hoofed animals must not be drunk under any circumstances, 24
25. Nor (that) of animals from whose udders the milk flows spontaneously, of those that bring forth twins, and of those giving milk while big with young, 25
26. Nor the milk of a cow whose calf is dead or separated from her. 26
27. And five-toed animals (must) not (be eaten) excepting the hedgehog, the hare, the porcupine, the iguana, the rhinoceros, and the tortoise, 27
28. Nor animals which have a double row of teeth, those which are covered with an excessive quantity of hair, those which have no hair, one-hoofed animals, sparrows, the (heron called) Plava, Brâhmanî ducks, and swans, 28
29. (Nor) crows, herons, vultures, and falcons, (birds) born in the water, (birds) with red feet and beaks, tame cocks and pigs, 29
30. (Nor) milch-cows and draught-oxen, 30
31. Nor the flesh of animals whose milk-teeth have not fallen out, which are diseased, nor the meat of those (which have been killed) for no (sacred) purpose, 31
32. Nor young sprouts, mushrooms, garlic, and substances exuding (from trees), 32
33. Nor red (juices) which issue from incisions.
34. Woodpeckers, egrets, ibis, parrots, cormorants, peewits, and flying foxes, (as well as birds) flying at night, (ought not to be eaten). 34
35. Birds that feed striking with their beaks, or scratching with their feet, and are not web-footed may be eaten, 35
36. And fishes that are not misshapen, 36
37. And (animals) that must be slain for (the fulfilment of) the sacred law. 37
38. Let him eat (the flesh of animals) killed by beasts of prey, after having washed it, if no blemish is visible, and if it is declared to be fit for use by the word (of a Brâhmana). 38
1. A wife is not independent with respect to (the fulfilment of) the sacred law. 1
2. Let her not violate her duty towards her husband. 2
3. Let her restrain her tongue, eyes, and (organs of) action. 3
4. A woman whose husband is dead and who desires offspring (may bear a son) to her brother-in-law. 4
5. Let her obtain the permission of her Gurus, and let her have intercourse during the proper season only. 5
6. (On failure of a brother-in-law she may obtain offspring) by (cohabiting with) a-Sapinda, a Sagotra, a Samânapravara, or one who belongs to the same caste. 6
7. Some (declare, that she shall cohabit) with nobody but a brother-in-law.
8. (She shall) not (bear) more than two (sons). 8
9. The child belongs to him who begat it, 9
10. Except if an agreement (to the contrary has been made). 10
11. (And the child begotten at) a living husband's (request) on his wife (belongs to the husband). 11
12. (But if it was begotten) by a stranger (it belongs) to the latter, 12
13. Or to both (the natural father and the husband of the mother). 13
14. But being reared by the husband, (it belongs to him.)
15. (A wife must) wait for six years, if her husband has disappeared. If he is heard of, she shall go to him. 15
16. But if (the husband) has renounced domestic life, (his wife must refrain) from intercourse (with other men).
17. (The wife) of a Brâhmana (who has gone to a foreign country) for the purpose of studying (must wait) twelve years. 17
18. And in like manner if an elder brother (has gone to a foreign country) his younger brother (must wait twelve years) before he takes a wife or kindles the domestic fire.
19. Some (declare, that he shall wait) six years.
20. A (marriageable) maiden (who is not given in marriage) shall allow three monthly periods to pass, and afterwards unite herself, of her own will, to a blameless man, giving up the ornaments received from her father or her family). 20
21. A girl should be given in marriage before (she attains the age of) puberty. 21
22. He who neglects it, commits sin. 22
23. Some (declare, that a girl shall be given in marriage) before she wears clothes.
24. In order to defray the expenses of a wedding, and when engaged in a rite (enjoined by) the sacred law, he may take money (by fraud or force) from a Sûdra, 24
25. Or from a man rich in small cattle, who neglects his religious duties, though he does not belong, to the Sûdra caste, 25
26. Or from the owner of a hundred cows, who does not kindle the sacred fire,
27. Or from the owner of a thousand cows, who does not drink Soma.
28. And when he has not eaten (at the time of six meals he may take) at the time of the seventh meal (as much as will sustain life), not (such a quantity as will serve) to make a hoard, 28
29. Even from men who do not neglect their duties.
30. If he is examined by the king (regarding his deed), he shall confess (it and his condition). 30
31. For if he possesses sacred learning and a good character, he must be maintained by the (king). 31
32. If the sacred law is violated and the (king) does not do (his duty), he commits sin. 32
1. The law of castes and of orders has been declared. 1
2. Now, indeed, man (in) this (world) is polluted by a vile action, such as sacrificing for men unworthy to offer a sacrifice, eating forbidden food, speaking what ought not to be spoken, neglecting what is prescribed, practising what is forbidden. 2
3. They are in doubt if he shall perform a penance for such (a deed) or if he shall not do it. 3
4. (Some) declare, that he shall not do it,
5. Because the deed does not perish. 5
6. The most excellent (opinion is), that he shall perform (a penance). 6
7. For it is declared in the Veda, that he who has offered a Punastoma (may) again come to (partake of) the libations of Soma, 7
8. Likewise he who has offered a Vrâtyastoma. 8
9. (The Veda says) further: 'He who offers a horse-sacrifice, conquers all sin, he destroys the guilt of the murder of a Brâhmana; 9
10. Moreover: 'He shall make an Abhisasta perform an Agnishtut sacrifice.' 10
11. Reciting the Veda, austerity, a sacrifice, fasting, giving gifts are the means for expiating such a (blamable act). 11
12. The purificatory (texts are), the Upanishads, the Vedântas, the Samhitâ-text of all the Vedas, the (Anuvâkas called) Madhu, the (hymn of) 12 [paragraph continues] Aghamarshana, the Atharvasiras, the (Anuvâkas called the) Rudras, the Purusha-hymn, the two Sâmans (called) Râgana and Rauhineya, the Brihat (Sâman) and the Rathantara, the Purushagati (Sâman), the Mahânâmnîs, the Mahâvairâga (Sâman), the Mahâdivâkîrtya (Sâman), any of the Gyeshtha Sâmans, the Bahishpavamâna (Sâman), the Kûshmândas, the Pâvamânîs, and the Sâvitrî.
13. To live on milk alone, to eat vegetables only, to eat fruits only, (to live on) barley-gruel prepared of a handful of grain, to eat gold, to eat clarified butter, and to drink Soma (are modes of living) which purify. 13
14. All mountains, all rivers, holy lakes, places of pilgrimage, the dwellings of Rishis, cow-pens, and temples of the gods (are) places (which destroy sin). 14
15. Continence, speaking the truth, bathing morning, noon, and evening, standing in wet clothes, sleeping on the ground, and fasting (are the various kinds of) austerity. 15
16. Gold, a cow, a dress, a horse, land, sesamum, clarified butter, and food are the gifts (which destroy sin).
17. A year, six months, four (months), three (months), two (months), one (month), twenty-four days, twelve days, six days, three days, a day and a night are the periods (for penances).
18. These (acts) may be optionally performed when no (particular penance) has been prescribed, 18
19. (Viz.) for great sins difficult (penances), and for trivial faults easy ones.
20. The Krikkhra and the Atikr.ikkhra, (as well as) the Kândrâyana, are penances for all (offences). 20
1. Let him cast off a father who assassinates a king, who sacrifices for Sûdras, who sacrifices for 1 his own sake (accepting) money from Sûdras, who divulges the Veda (to persons not authorised to study it), who kills a learned Brâhmana, who dwells with men of the lowest castes, or (cohabits) with a female of one of the lowest castes.
2. Having assembled the (sinner's) spiritual Gurus and the relatives by marriage, (the sons and other kinsmen) shall perform (for him) all the funeral rites, the first of which is the libation of water, 2
3. And (afterwards) they shall overturn his water-vessel (in the following manner):
4. A slave or a hired servant shall fetch an impure vessel from a dust-heap, fill it (with water taken) from the pot of a female slave and, his face turned towards the south upset it with his foot, pronouncing (the sinner's) name (and saying): 'I deprive N. N. of water.'
5. All (the kinsmen) shall touch him (the slave) passing their sacrificial cords over the right shoulder and under the left arm, and untying the locks on their heads.
6. The spiritual Gurus and the relatives by marriage shall look on.
7. Having bathed, they (all shall) enter the village.
8. He who afterwards unintentionally speaks to 8 the (outcast sinner) shall stand. during one night, reciting the Sâvitrî.
9. If he intentionally (converses with the outcast, he must perform the same penance) for three nights.
10. But if an (outcast sinner) is purified by (performing) a penance, (his kinsmen) shall, after he has become pure, fill a golden vessel (with water) from a very holy lake or a river, and make him bathe in water (taken) from that (vessel). 10
11. Then they shall give him that vessel and he, after taking it, shall mutter (the following Mantras): 'Cleansed is the sky, cleansed is the earth, cleansed and auspicious is the middle sphere; I here take that which is brilliant.' 11
12. Let him offer clarified butter, (reciting) these Yagus formulas, the Pâvamânîs, the Taratsamandîs, and the Kûshmândas.
13. Let him present gold or a cow to a Brâhmana,
14. And to his teacher.
15. But he, whose penance lasts for his (whole) lifetime, will be purified after death. 15
16. Let (his kinsmen) perform for him all the funeral rites, the first of which is the libation of water.
17. This same (ceremony of bathing in) water 17 consecrated for the sake of purification (must be performed) in the case of all minor offences (upapâtakas).
1. The murderer of a Brâhmana, he who drinks spirituous liquor, the violator of a Guru's bed, he who has connection with the female relatives of his mother and of his father (within six degrees) or with sisters and their female offspring, he who steals (the gold of a Brâhmana), an atheist, he who constantly repeats blamable acts, he who does not cast off persons guilty of a crime causing loss of caste, and he who forsakes blameless (relatives), become outcasts, 1
2. Likewise those who instigate others to acts causing loss of caste, 2
3. And he who for a (whole) year associates with outcasts. 3
4. To be an outcast means to be deprived of the right to follow the lawful occupations of twice-born men,
5. And to be deprived after death of the rewards of meritorious deeds.
6. Some call (this condition) hell.
7. Manu (declares, that) the first three (crimes, named above) cannot be expiated. 7
8. Some (declare, that a man) does not become an outcast (by having connection) with female (relatives), except (when he violates) a Guru's bed. 8
9. A woman becomes an outcast by procuring abortion, by connection with a (man of) lower (caste) and (the like heinous crimes). 9
10. Giving false evidence, calumnies which will reach (the ears of) the king, an untrue accusation brought against a Guru (are acts) equal to mortal sins (mahâpâtaka). 10
11. (The guilt of a) minor offence (upapâtaka) rests on those who (have been declared to) defile the company (at a funeral dinner and have been named above) before the bald man, on killers of kine, those who forget the Veda, those who pronounce Vedic texts for the (last-mentioned sinners), students 11 who break the vow of chastity, and those who allow the time for the initiation to pass.
12. An officiating priest must be forsaken, if he is ignorant (of the rules of the sacrifice), a teacher, if he does not impart instruction, and (both) if they commit crimes causing loss of caste. 12
13. He who forsakes (them) under any other circumstances, becomes an outcast.
14. Some declare, that he, also, who receives (a person who has unjustly forsaken his priest or teacher, becomes an outcast).
15. The mother and the father must not be treated improperly under any circumstances. 15
16. But (the sons) shall not take their property. 16
17. By accusing a Brâhmana of a crime (the accuser commits) a sin equal (to that of the accused). 17
18. If (the accused is) innocent, (the accuser's guilt is) twice (as great as that of the crime which he imputed to the other). 18
19. And he who, though able to rescue a weak man from injury, (does) not (do it, incurs as much guilt as he who injures the other).
20. He who in anger raises (his hand or a weapon) 20 against a Brâhmana, will be banished from heaven for a hundred years.
21. If he strikes, (he will lose heaven) for a thousand (years).
22. If blood flows, (he will lose heaven) for a number of years equal to (that of the particles of) dust which the spilt (blood) binds together. 22
1. (Now follows the description of the) penances. 1
2. He who has (intentionally) slain a Brâhmana shall emaciate himself, and thrice throw himself into a fire, 2
3. Or he may become in battle a target for armed men, 3
4. Or, remaining chaste, he may, during twelve years, enter the village (only) for the purpose of begging, carrying the foot of a bedstead and a skull in his hand and proclaiming his deed. 4
5. If be meets an Ârya, he shall step out of the road. 5
6. Standing by day, sitting at night, and bathing in the morning, at noon, and in the evening, he may be purified (after twelve years), 6
7. Or by saving the life of a Brâhmana, 7
8. Or if he is, at least, thrice vanquished in (trying to recover) the property (of a Brâhmana) stolen (by robbers), 8
9. Or by bathing (with the priests) at (the end of) a horse-sacrifice, 9
10. Or at (the end of) any other (Vedic) sacrifice, provided that an Agnishtut (sacrifice) forms part of it. 10
11. (The same penances must be performed) even if he has attempted the life of a Brâhmana, but failed to kill him, 11
12. Likewise if he has killed a female (of the Brâhmana caste) who had bathed after temporary uncleanness, 12
13. Also for (destroying) the embryo of a Brâhmana, though (its sex) may be not distinguishable. 13
14. For (intentionally) killing a Kshatriya the normal vow of continence (must be kept) for six 14 years; and he shall give one thousand cows and one bull.
15. For (killing) a Vaisya (the same penance must be performed) during three years; and he shall give one hundred cows and one bull. 15
16. For (killing) a Sûdra (the same penance must be performed) during one year; and he shall give ten cows and one bull. 16
17. And the same (rule applies) if a female (has been killed) who was not in the condition (described in Sûtra 12). 17
18. (The penance for killing) a cow is the same as for (the murder of) a Vaisya, 18
19. And for injuring a frog, an ichneumon, a crow, a chameleon, a musk-rat, a mouse, and a dog, 19
20. And for killing one thousand (small animals) that have bones, 20
21. Also for (killing) an ox-load of (animals) that have no bones; 21
22. Or he may also give something for (the destruction of) each animal that has bones. 22
23. For (killing) a eunuch (he shall give) a load of straw and a mâsha of lead; 23
24. For (killing) a boar, a pot of clarified butter; 24
25. For (killing) a snake, a bar of iron; 25
26. For (killing) an unchaste woman, who is merely in name a Brâhmanî, a leather bag; 26
27. (For killing a woman who subsists) by harlotry, nothing at all.
28. For preventing that (a Brâhmana) obtains a wife, food, or money, (he must) in each case (remain chaste) during a year,
29. For adultery two years, 29
30. (For adultery with the wife) of a Srotriya three years.
31. And if he has received a present (from the woman), he shall throw it away,
32. Or restore it to the giver.
33. If he has employed Vedic texts for people (with whom such intercourse is) forbidden, (he shall remain chaste for a year), provided (the portion of the Veda thus employed) contained one thousand words. 33
34. And the same (penance must be performed) by him who extinguishes the (sacred) fires, who neglects the daily recitation of the Veda, or (who is guilty) of a minor offence (upapâtaka),
35. Also by a wife who violates her duty (to her husband): but, being guarded, she shall receive food. 35
36. For committing a bestial crime, excepting (the case of) a cow, (he shall offer) an oblation of clarified butter, (reciting) the Kûshmânda texts. 36
1. They shall pour hot spirituous liquor into the mouth of a Brâhmana who has drunk such liquor; he will be purified after death. 1
2. If he has drunk it unintentionally, (he shall drink) for three days hot milk, clarified butter, and water, and (inhale hot) air. That (penance is called the Tapta-)krikkhra. Afterwards he shall be again initiated. 2
3. And (the same penance must be performed) for swallowing urine, excrements, or semen,
4. And (for eating) any part of a carnivorous beast, of a camel or of an ass, 4
5. And of tame cocks or tame pigs.
6. If he smells the fume (exhaled) by a man who has drunk spirituous liquor, (he shall) thrice restrain his breath and eat clarified butter, 6
7. Also, if he has been bitten by (one of the animals mentioned) above (Sûtras 4-5). 7
8. He who has defiled the bed of his Guru shall extend himself on a heated iron bed, 8
9. Or he shall embrace the red-hot iron image of a woman.
10. Or he shall tear out his organ and testicles and, holding them in his hands, walk straight towards the south-west, until he falls down dead,
11. He will be purified after death.
12. (The guilt of him who has intercourse) with the wife of a friend, a sister, a female belonging to the same family, the wife of a pupil, a daughter-in-law, or with a cow, is as great as that of (him who violates his Guru's) bed. 12
13. Some (declare, that the guilt of such a sinner is equal to) that of a student who breaks the vow of chastity. 13
14. A woman who commits adultery with a man 14 of lower caste the king shall cause to be devoured by dogs in a public place.
15. He shall cause the adulterer to be killed (also). 15
16. (Or he shall punish him in the manner) which has been declared (above). 16
17. A student who has broken the vow of chastity shall offer an ass to Nirriti on a cross-road. 17
18. Putting on the skin of that (ass), with the hair turned outside, and holding a red (earthen) vessel in his hands, he shall beg in seven houses, proclaiming his deed.
19. He will be purified after a year.
20. For an involuntary discharge caused by fear or sickness, or happening during sleep, and if for seven days the fire-oblations and begging have been neglected, (a student) shall make an offering of clarified 20 butter or (place) two pieces of fuel (in the fire) reciting the two (verses called) Retasya.
21. Let him who was asleep when the sun rose remain standing during the day, continent and fasting, and him who was asleep when the sun set (remain in the same position) during the night, reciting the Gâyatrî. 21
22. He who has looked at an impure (person), shall look at the sun and restrain his breath (once). 22
23. Let him who has eaten forbidden food [or swallowed impure substances], (fast until) his entrails are empty. 23
24. (In order to attain that), he must entirely abstain from food at least for three (days and) nights.
25. Or (he becomes pure) after eating during seven (days and) nights fruits that have become detached spontaneously, avoiding (all other food).
26. (If, he has eaten forbidden food mentioned above) before five-toed animals, he must throw it up and eat clarified butter. 26
27. For abuse, speaking an untruth, and doing injury, (he shall practise) austerities for no longer period than three (days and) nights. 27
28. If (the abuse) was merited, (he shall offer) burnt-oblations, reciting (the Mantras) addressed to Varuna and (the hymns) revealed by Manu. 28
29. Some (declare, that) an untruth (spoken) at the time of marriage, during dalliance, in jest or while (one suffers severe) pain is venial. 29
30. But (that is) certainly not (the case) when (the untruth) concerns a Guru.
31. For if he lies in his heart only to a Guru regarding small matters even, he destroys (himself), seven descendants, and seven ancestors.
32. For intercourse with a female (of one) of the lowest castes, he shall perform a Krikkhra penance during one year. 32
33. (For committing the same sin) undesignedly, (he shall perform the same penance) during twelve (days and) nights.
34. For connection with a woman during her courses, (he shall perform the same penance) for three (days and) nights. 34
1. A secret penance (must be performed) by him whose sin is not publicly known. 1
2. He who desires to accept or has accepted (a gift) which ought not to be accepted, shall recite the four Rik-verses (IX, 58, 1-4), (beginning) Tarat sa mandî, (standing) in water. 2
3. He who desires to eat forbidden food, shall scatter earth (on it). 3
4. Some (declare, that) he who has connection with a woman during her courses becomes pure by bathing. 4
5. Some (declare, that this rule holds good) in the case of (one's own) wives (only). 5
6. The (secret) penance for killing a learned Brâhmana (is as follows):, Living during ten days on milk (alone) or (on food fit for offerings), during a second (period of ten days) on clarified butter, and during a third (period of ten days) on water, partaking 6 of (such food) once only each day, in the morning, and keeping his garments constantly wet, he shall (daily) offer (eight) oblations, (representing) the hair, the nails, the skin, the flesh, the blood, the sinews, the bones, (and) the marrow. The end of each (Mantra) shall be, 'I offer in the mouth of the Atman (the Self), in the jaws of Death.'
7. Now another (penance for the murder of a Brâhmana will be described):
8. The rule (as to eating and so forth), which has been declared (above, Sûtra 6, must be observed),
9. (And) he shall offer clarified butter, reciting (the sacred text Rig-veda I, 189, 2), 'O fire, do thou ferry over,' the Mahâvyâhritis, and the Kûshmândas; 9
10. Or, for the murder of a Brâhmana, for drinking spirituous liquor, for stealing (gold), and for the violation of a Guru's bed, he may perform that (same vow), tire himself by repeatedly stopping his breath, and recite (the hymn seen by) Aghamarshana. That is equal (in efficacy) to the final bath at a horse-sacrifice; 10
11. Or, repeating the Gâyatrî a thousand times, he, forsooth, purifies himself; 11
12. Or, thrice repeating (the hymn of) Aghamarshana while immersed in water, he is freed from all sins.
1. Now they say: 'How many (gods) does a student enter who violates the vow of chastity?' 1
2. (And they answer): 'His vital spirits (go to) the Maruts (winds), his strength to Indra, his eminence in sacred learning to Brihaspati, all the remaining parts to Agni.' 2
3. He kindles the fire in the night of the new moon, and offers, by way of penance, two oblations of clarified butter, 3
4. (Reciting these two sacred texts), 'Defiled by lust am I, defiled am I, oh Lust; to Lust svâhâ;' 'Injured by lust am I, injured am I, oh Lust; to Lust svâhâ.' (Next) he (silently) places one piece of sacred fuel (on the fire), sprinkles water round the fire, offers the Yagñavâstu (oblation), and approaching (the fire) worships it, thrice (reciting the text), 'May the waters sprinkle me.' 4
5. These worlds are three; in order to conquer these worlds, in order to gain mastership over these worlds, (this rite must be performed.)
6. According to some, the above (described) rite is a penance (for all hidden offences) in general, (and they say) regarding it, 'He who may be impure, as it were, shall offer burnt-oblations in this manner, and shall recite sacred texts in this manner; the fee (of the officiating priest shall be) whatever he may choose.'
7. He who has been guilty of cheating, of calumniating, of acting contrary to the rule of conduct, of eating or drinking things forbidden, of connection with a woman of the Sûdra caste, of an unnatural crime, and even of performing magic rites with intent (to harm his enemies), shall bathe and sprinkle himself with water, reciting the texts addressed to the Waters, or those addressed to Varuna, or other purificatory texts. 7
8. For offences committed by speaking or thinking of forbidden things, the five Vyâhritis (must be recited). 8
9. Or for all (offences) he may sip water, (reciting) in the morning (the text), 'May the day and the sun purify me;' and in the evening, 'The night and Varuna.'
10. Or he may offer eight pieces of sacred fuel, 10 [paragraph continues] (reciting the texts beginning) 'Devakritasya.' By merely offering them he becomes free from all sin.
1. Now, therefore, we will describe three Krikkhras (or difficult penances). 1
2. (During three days) he shall eat at the morning-meal food fit for offerings, and fast in the evening. 2
3. Next, he shall eat (food fit for offerings), during. another period of three days, in the evening (only). 3
4. Next, during another period of three days, he shall not ask anybody (for food).
5. Next, he shall fast during another period of three days.
6. He who desires (to be purified) quickly, shall stand during the day, and sit during the night. 6
7. He shall speak the truth. 7
8. He shall not converse with anybody but Âryans.
9. He shall daily sing the two (Sâmans called) Raurava and Yaudhâgaya.
10. He shall bathe in the morning, at noon, and in the evening reciting, the three (verses which begin) 'For ye waters are,' and he shall dry himself reciting the eight purificatory (verses which begin) 'The golden-coloured.'
11. Next (he shall offer) libations of water.
12. Adoration to him who creates self-consciousness, who creates matter, who gives gifts, who destroys (sin), who performs penance, to Punarvasu, adoration. 12
Adoration to him who is worthy of (offerings)
consisting of Muñga grass, who is worth), of (offerings of) water, who conquers wealth, to him who conquers the universe, adoration.
Adoration to him who gives success, who gives full success, who gives great success, to him who carries (all undertakings) to a successful issue, adoration.
Adoration to Rudra, the lord of cattle, the great god, the triocular, solitary, supreme lord Hari, to dread Sarva, to Îsâna who carries the thunderbolt, to the fierce wearer of matted locks, adoration.
Adoration to the Sun, to Aditi's offspring, adoration.
Adoration to him. whose neck is blue, to him whose throat is dark-blue, adoration.
Adoration to the black one, to the brown one, adoration.
Adoration to Indra, the first-born, the best, the ancient, to chaste Harikesa, adoration.
Adoration to the truthful purifier, to fire-coloured Kâma, who changes his form at pleasure, adoration.
Adoration to the brilliant one, to him whose form is brilliant, adoration.
Adoration to the fierce one, to him whose form is fierce, adoration.
Adoration to Sobhya, the beautiful, the great male, the middle male, the highest male, to the student of the Veda, adoration.
Adoration to him who wears the moon on his forehead, to him whose garment is a skin, adoration.
13. The worship of Âditya (the sun) must be performed with the same (texts). 13
14. Offerings of clarified butter (must be made with the help of) the same (texts).
15. At the end of the period of twelve days he shall boil rice and. make offerings to the following deities,
16. (Viz.) to Agni svâhâ, to Soma svâhâ, to Agni and Soma (conjointly), to Indra and Agni (conjointly), to Indra, to all the gods, to Brahman, to Pragâpati, (and) to Agni Svishtakrit.
17. Afterwards (he must feed) Brâhmanas.
18. By the above (rules) the Atikr.ikkhra (or exceedingly difficult) penance has been explained. 18
19. (But when he performs that), he shall eat (only) as much as he can take at one (mouthful). 19
20. The third (Krikkhra) is that where water is the (only) food, and it is called Krikkhrâtikrikkhra (or the most difficult penance). 20
21. He who has performed the first of these (three) becomes pure, sanctified, and worthy (to follow) the occupations (of his caste). 21
22. He who has performed the second is freed from all sins which he commits, excepting mortal sins (mahâpâtaka).
23. He who has performed the third, removes all guilt.
24. Now he who performs these three Krikkhras becomes perfect in all the Vedas, and known to all the gods; 24
25. Likewise he who knows this.
1. Now, therefore, the Kândrâyana (or lunar penance will be described).
2. The (general) rules prescribed for a Krikkhra (are applicable) to that. 2
3. (The hair must be) shaved, in case it (is performed as) a penance. 3
4. He shall fast on the day preceding the full moon.
5. And (he shall offer) libations (of water), oblations of clarified butter, consecrate the sacrificial viands, and worship the moon, reciting these (rikas), 'Increase' (Rig-veda I, 91, 17), 'May milk be joined with thee' (Rig-veda I, 91, 18, and) 'Ever new' (Rig-veda X, 85, 19). 5
6. He shall offer (clarified butter), reciting the four (rikas beginning) 'Yad devâ devahedanam,' 6
7. And at the end (of the offering of clarified 7 butter he shall offer) pieces of sacred fuel, reciting (the texts beginning) 'Devakritasya.'
8. Each mouthful of food must be consecrated by the mental recitations (of one) of the following (words): Om, bhûh, bhuvah, svah, austerity, truth, fame, prosperity, vigour, refreshment, strength, lustre, soul, law, Siva. 8
9. Or (he may consecrate) all (of them at once, saying), Adoration svâhâ. 9
10. The size of a mouthful (shall be such) as not to cause a distortion of the mouth (in swallowing it). 10
11. The sacrificial viands are, boiled rice, food obtained by begging, ground barley, grain separated from the husk, barley-gruel, vegetables, milk, sour 11 milk, clarified butter, roots, fruits, and water; (among these) each succeeding one is preferable (to those enumerated earlier).
12. He shall eat on the day of the full moon fifteen mouthfuls, and during the dark half (of the month) daily diminish his portion by one (mouthful). 12
13. He shall fast on the day of the new moon, and during the bright half (of the month) daily increase (his portion) by one (mouthful).
14. According to some (the order shall be) inverted. 14
15. That (is called) a month, occupied by the Kândrâyana penance.
16. He who has completed that, becomes free from sin and free from crime, and destroys all guilt.
17. He who has completed a second (month, living according to that rule), sanctifies himself, ten ancestors, and ten descendants, as well as (any) company (to which he may be invited);
18. And he who has lived for a year (according to that rule), dwells (after death) in the world of the moon. 18
1. After the father's death let the sons divide his estate, 1
2. Or, during his lifetime, when the mother is past child-bearing, if he desires it, 2
3. Or the whole (estate may go) to the first-born; (and) he shall support (the rest) as a father. 3
4. But in partition there is an increase of spiritual merit. 4
5. (The additional share) of the eldest (son consists of) a twentieth part (of the estate), a male and a female (of animals with one row of front teeth, such as cows), a carriage yoked with animals that have two rows of front teeth, (and) a bull. 5
6. (The additional share) of the middlemost (consists of) the one-eyed, old, hornless, and tailless animals, if there are several. 6
7. (The additional share) of the youngest (consists of) the sheep, grain, the iron (utensils), a house, a cart yoked (with oxen), and one of each kind of (other) animals. 7
8. All the remaining (property shall be divided) equally. 8
9. Or let the eldest have two shares, 9
10. And the rest one each. 10
11. Or let them each take one kind of property, (selecting), according to seniority, what they desire, 11
12. Ten head of cattle. 12
13. (But) no (one brother shall) take (ten) one-hoofed beasts or (ten) slaves. 13
14. (If a man has several wives) the additional 14 share of the eldest son is one bull (in case he be born of a later-married wife);
15. (But the eldest son) being born of the first-married wife (shall have) fifteen cows and one bull; 15
16. Or (let the eldest son) who is born of a later-married wife (share the estate) equally with his younger (brethren born of the first-married wife). 16
17. Or let the special shares (be adjusted) in each class (of sons) according to their mothers. 17
18. A father who has no (male) issue may appoint his daughter (to raise up a son for him), presenting burnt offerings, to Agni (fire) and to Pragâpati (the lord of creatures), and addressing (the bridegroom with these words), 'For me be (thy male) offspring.' 18
19. Some declare, that (a daughter becomes) an appointed daughter solely by the intention (of the father).
20. Through fear of that (a man) should not marry a girl who has no brothers. 20
21. Sapindas (blood relations within six degrees), Sagotras (relations bearing a common family name), (or) those connected by descent from the same Rishi 21 [paragraph continues] (vaidika gotra), and the wife shall share (the estate) of a person deceased without (male) issue (or an appointed daughter).
22. Or (the widow) may seek to raise up offspring (to her deceased husband). 22
23. (A son) begotten on a (widow) whose husband's brother lives, by another (relative), is excluded from inheritance. 23
24. A woman's separate property (goes) to her unmarried daughters, and (on failure of such) to poor (married daughters). 24
25. The sister's fee belongs to her uterine brothers, if her mother be dead. 25
26. Some (declare, that it belongs to them) even while the mother lives. 26
27. The heritage of not reunited (brothers) deceased 27 [paragraph continues] (without male issue goes) to the eldest (brother).
28. If a reunited coparcener dies (without male issue) his reunited coparcener takes the heritage. 28
29. A son born after partition takes exclusively (the wealth) of his father. 29
30. What a learned (coparcener) has acquired by his own efforts, he may (at his pleasure) withhold from his unlearned (coparceners). 30
31. Unlearned (coparceners) shall divide (their acquisitions) equally. 31
32. A legitimate son, a son begotten on the wife (by a kinsman), an adopted son, a son made, a son born secretly, and a son abandoned (by his natural parents) inherit the estate (of their fathers). 32
33. The son of an unmarried damsel, the son of a pregnant bride, the son of a twice-married woman, the son of an appointed daughter, a son self-given, and a son bought belong to the family (of their fathers).
34. On failure of a legitimate son or (of the) 34 other (five heirs) they receive a fourth (of the estate).
35. The son of a Brâhmana by a Kshatriya wife, being the eldest and endowed with good qualities, shares equally (with a younger brother, born of a Brâhmanî); 35
36. (But he shall) not (obtain) the additional share of an eldest son. 36
37. If there are sons begotten (by a Brâhmana) on wives of the Kshatriya and Vaisya castes (the division of the estate between them takes place according to the same rules) as (between) the (son by a Kshatriya wife) and the son by a Brâhmanî. 37
38. And (the sons by a Kshatriya wife and by a Vaisya wife share in the same manner) if (they have been begotten) by a Kshatriya (father).
39. The son by a Sûdra wife even, if he be obedient like a pupil, receives a provision for maintenance (out of the estate) of a (Brâhmana) deceased without (other) male issue. 39
40. According to some, the son of a woman of equal caste even does not inherit, if he be living unrighteously. 40
41. Srotriyas shall divide the estate of a childless Brâhmana. 41
42. The king (shall take the property of men) of other (castes). 42
43. An idiot and a eunuch must be supported. 43
44. The (male) offspring of an idiot receives (his father's) share. 44
45. (Sons begotten) on women of higher castes (by men of lower castes shall be treated) like sons (begotten by a Brâhmana) on a Sûdra wife. 45
46. Water, (property destined for) pious uses or sacrifices, and prepared food shall not be divided; 46
47. Nor (shall a partition be made) of women connected (with members of the family). 47
48. In cases for which no rule has been given, (that course) must be followed of which at least ten (Brâhmanas), who are well instructed, skilled in reasoning, and free from covetousness, approve.
49. They declare, that an assembly (parishad, shall consist) at least (of the ten following (members, viz.) four men who have completely studied the four Vedas, three men belonging to the (three) orders enumerated first, (and) three men who know (three) different (institutes of) law. 49
50. But on failure of them the decision of one Srotriya, who knows the Veda and is properly instructed (in the duties, shall be followed) in doubtful cases.
51. For such a man is incapable of (unjustly) injuring or (unjustly) favouring created beings.
52. He who knows the sacred law obtains heavenly bliss, more than (other) righteous men, on account of his knowledge of, and his adherence to it.
53. Thus the sacred law (has been explained).
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
255:1 XV. 'The word "now" indicates that a new topic begins.'--Haradatta. The rules now following refer in the first instance to the Pârvana or monthly Srâddha, but most of them serve also as general rules for all the numerous varieties of funeral sacrifices.
255:2 Manu III, 122; Yâgñavalkya I, 217.
255:3 Âpastamba II, 7, 16, 6.
255:4 Âpastamba II, 7, 16, 6-2 2.
255:5 Some of the most famous among the places where the performance of a Srâddha is particularly efficacious and meritorious are Gayâ in Bihâr, Pushkara or Pokhar near Agmîr, the Kurukshetra near Dehli, Nâsika on the Godâvarî. Pilgrims or persons passing through such places may and must perform a Srâddha on any day of the month.
255:7 Yâgñavalkya I, 227.
255:8 See also below, Sûtra 21.
255:9 Âpastamba II, 7, 17, 4. Haradatta explains vâk, 'eloquence,' by 'ability to speak Sanskrit,' rûpa, 'beauty,' by 'the proper number of limbs,' and vayahsampanna, 'of (suitable) age,' by 'not too young.'
256:11 I.e. in honour of the father a young man is to be invited, in honour of the grandfather an old man, and in honour of the great-grandfather a very old man.
256:12 Âpastamba II. 7, 17, 4, 8; Manu III, 140.
256:15 Âpastamba II, 7, 16, 23-11, 7, 17, 3; 11, 8, 18, 13.
256:16 Âpastamba II, 7, 17, 21. 'A destroyer of the sacred fire (vîrahan), i.e. one who extinguishes intentionally the (domestic) fire p. 257 out of hatred against his wife, and for the like reasons.'--Haradatta. He also remarks that some read agredidhishu instead of agredidhishû, and he proposes to explain the former, on the authority of Vyâghra and of the Naighantukas, as 'a Brâhmana whose wife has been wedded before to another man.'
257:17 My MSS. make two Sûtras out of Professor Stenzler's one, and read upapatih | yasya ka sah. The sense remains the same, but the latter version of the text is, I think, the correct one.
257:18 Haradatta says that kundâsin may also mean 'he who eats out of a vessel called kunda,' as the people have in some countries the habit of preparing their food and afterwards eating out of the kunda. Haradatta explains tyaktâtman, 'one who despairs of himself,' by 'one who has made an attempt on his own life, and has tried to hang himself, and the like.' He remarks that some explain durvâla, 'a bald man,' by nirveshtitasepha. He who neglects the recitation of the sacred texts, i.e. of those texts which, like the Gâyatrî, ought to be recited.
258:19 Below, XXVIII, 2, it will be prescribed that the division of the family estate may take place during the lifetime of the father with his consent. From this Sûtra it would appear that sons could enforce a division of the ancestral estate against his will, as Yâgñavalkya also allows (see Colebrooke, Mitâksharâ I, 6, 5-11), and that this practice, though legal, was held to be contra bonos mores.
258:20 Âpastamba II, 7, 17, 5-6.
258:21 According to Haradatta, this Sûtra is intended as a modification of Sûtra 8.
258:22 Manu III, 250. 23. Manu III, 188.
259:24 Âpastamba II, 7, 17, 20.
259:28 Âpastamba II, 7, 17, 22.
259:29-30. Manu III, 132-137, 148-149.
259:1 XVI. Âpastamba I, 3, 9, 1. The Upâkarman is the ceremony which is annually performed at the beginning of the course of study, and it is obligatory on householders also; see Âpastamba II, 2, 5, 1. Khandâmsi, 'the Vedic texts,' i.e. the Mantras and Brâhmanas. The Aṅgas may be studied out of term; see Âpastamba I, 3, 9, 3 note.
260:2 Âpastamba I, 3, 9, 2-3.
260:3 This Sûtra and the following one refer to a teacher or to a householder who again goes through the Veda; see Âpastamba, II, 2, 55 15, 16.
260:5-6. Âpastamba I, 3, 11, 8.
260:7-8. Âpastamba I, 3, 10, 19. A Vâna is stated to be a kind of lute, or harp, with a hundred strings.
260:9 Âpastamba I, 31 11, 25, 31.
260:10 Âpastamba I, 3, 11, 31.
260:11 Manu IV, 109.
260:12 Âpastamba I, 3, 11, 15, 17; Manu IV, 109.
260:13 Manu IV, 103.
261:15 'Another (commentator says): "Pariveshana, being surrounded by a halo, means bringing food" . . . (The Sûtra means, therefore), He shall not study while his teacher eats.'--Haradatta.
261:16 Âpastamba I, 3, 11, 31.
261:17 Âpastamba I, 3, 9, 27; I, 3, 11, 12; Manu IV, 112: Yâgñavalkya I, 150.
261:18 Âpastamba I, 3, 9, 4, 6; I, 3, 10, 2, 4; I, 3, 11, 9.
261:19 Âpastamba I, 3, 10, 24; I, 3, 9, 6, 14-15.
261:20 Âpastamba I, 3, 10, 25.
261:21 Âpastamba I, 3, 10, 19.
261:22 Âpastamba I, 3, 11, 30.
261:23 Âpastamba I, 3, 11, 29; Manu IV, 29.
262:24 Âpastamba I, 3, 9, 22. The above translation follows the reading of my MSS., which differ very much from Professor Stenzler's edition. According to them the commentary on the latter part of Sûtra 23 and on Sûtra 24 runs as follows: . . . pratyekam âlâlikâ anadhyâyahetavah | apartâv idam | ritâv âha ||
AHA RITAU || 24 ||
Varshartâv ete yadi bhaveyuh sandhyâyâm tadaharmâtram anâdhyâyah | prâtasket | sâyam tu râtrâv anadhyâya ityarthasiddhatvâd anuktam || . . . 'are each reasons for discontinuing the recitation until the same time next day. This (rule) refers to other times than the rainy season. He now declares (the rule) for the rainy season:
24. "During the (rainy) season for a day."
'If these (phenomena) happen in the twilight during the rainy season, the interruption of the study lasts for that day only, provided (they happen) in the morning. But if they happen in the evening, study is forbidden during the night. As this is clear from the context, it has not been declared specially.'--Haradatta. I suspect that Professor Stenzler's reading apartau is a correction, made by an ingenious Pandit, of an old varia lectio 'ahartau' for aha ritau, which is found in one of my MSS. (C) also.
262:25 Âpastamba I, 3, 9, 21.
263:30 Âpastamba I, 3, 9, 23.
263:33 Âpastamba I, 3, 11, 11. Haradatta adds that others enjoin a stoppage of the Veda-study from the hour of the departure until the same hour on the following day, while another commentator gives the following explanation: 'All, indeed, the teacher and the rest, shall, on that day, not even recite the Veda in order to remember it.'
263:34 Âpastamba I, 3, 9, 25; I, 3, 10, 22, 28-30; I, 3, 11, 6, 30; Manu IV, 118. Haradatta is in doubt whether 'a sacrifice offered in honour of men' means a Samskâra, or a sacrifice to gods, like Kumâra, who formerly were men; see Âpastamba I, 3, 11, 3.
263:36 Âpastamba I, 3, 9, 28.
263:37 Âpastamba I, 3, 10, 1.
264:38 Âpastamba I, 3, 10, 2. Regarding the meaning of the word Ashtakâ, see above, VIII, 18 note.
264:40 Âpastamba I, 3, 10, 2.
264:41 Âpastamba I, 3, 11, 27.
264:42 Âpastamba I, 3, 11, 28.
264:43 Haradatta explains 'a festive day' to mean the day of the initiation and the like, but see Âpastamba I, 3, 11, 20.
264:44 Haradatta explains this Sûtra as equivalent to Âpastamba I, 3, 9, 1. He adds that another commentator reads prâdhîtasya ka as a separate Sûtra, interpreting it to mean, 'And a person who has performed the Upâkarman (shall not study after dinner),' and refers the words 'at night for four Muhûrtas' to the prohibition to read on the evening of the thirteenth day of the dark half of the month.
264:45 Manu IV, 116.
264:46 Âpastamba I, 3, 11, 25.
265:47 Âpastamba, ibidem.
265:49 Âpastamba I, 3, 11, 38.
265:1 XVII. Âpastamba, I, 6, 18, 13.
265:3 Âpastamba I, 6, 18, 1; I, 6, 19, 13; Manu IV, 247-250.
265:4 Manu IV, 251. Gurus, i.e. parents and other venerable persons.
265:5 Âpastamba I, 6, 18, 14.
265:6 Manu IV, 253; Yâgñavalkya I, 166.
266:7 E.g. a man who sells pots, but does not make them.
266:8 Manu III, 104; Yâgñavalkya I, 112.
266:9 Âpastamba I, 5, 16, 23, 26.
266:10 Âpastamba I, 5, 16, 27, 30. Haradatta explains 'a black bird' by 'a crow,' and no doubt the crow, as the Kândâla among birds, is intended in the first instance.
266:11 Manu IV, 208; Yâgñavalkya I, 167.
266:12 Manu IV, 209; Yâgñavalkya I, 168.
266:13 'What has been given in a contemptuous manner by the host, or what is not pleasing to the eater, that is called bhâvadushta, "naturally bad."'--Haradatta. The second seems to be the right explanation, as food falling under the first is mentioned below, Sûtra 21.
266:14 Âpastamba I, 5, 17, 18, 20.
266:15 Haradatta states that this rule does not refer to dishes the preparation of which requires a double cooking, but to those which ordinarily are cooked once only.
266:16 Âpastamba I, 5, 17, 17. Haradatta says that food prepared p. 267 for the morning meal and kept until supper is also called parvushita, 'stale.'
267:17 For this and the following Sûtras, see Âpastamba I, 6, 18, 16-1, 6, 19, 1; Manu IV, 205-217; Yâgñavalkya I, 161-165. An Abhisasta is a person who is wrongly or falsely accused of a heinous crime, see Âpastamba I, 91 24, 6-9. Haradatta adduces the explanation 'hermaphrodite' for anapadesya as the opinion of others. He himself thinks that it means 'a person not worthy to be described or named.' 'One who hunts without using the bow' is a poacher who snares animals. Snaring animals is a favourite occupation of the non-Aryan tribes, such as Vâghrîs, Bhils, and Kolis.
267:18 See above, XV, 15-18, where 'bald men' occupy the fourteenth place in Sûtra 18.
267:19 Âpastamba I, 5, 17, 3; Manu IV, 212. That is called 'food (prepared) for no (sacred) purpose which a man cooks only for himself, not for guests and the rest, see Âpastamba II, 4, 8, 4; Manu V, 7.
267:20 Âpastamba I, 5, 17, 2.
268:21 Âpastamba I, 5, 17, 4.
268:22-23. Âpastamba I, 5, 17, 24
268:24 Âpastamba I, 5, 17, 23.
268:25 Âpastamba, I, 5, 17, 23
268:26 Manu V, 8; Yâgñavalkya I, 170.
268:27 Âpastamba. I, 5, 17, 37.
268:28 Âpastamba I, 5, 17, 29, 33, 35. Haradatta gives as an example of 'animals covered with an excessive quantity of hair' the Yak or Bos grunniens, and of 'those that have no hair' snakes and the like.
269:29 Âpastamba I, 5, 17, 29, 32, 34, 35; Yâgñavalkya I, 173.
269:30 Âpastamba I, 5, 17, 29-30.
269:31 Aitareya-brâhmana VII, 14. For the explanation of vrithâ-mâmsa, 'the flesh (of animals killed) for no (sacred) purpose,' Haradatta refers back to Sûtra 19, but see also the Petersburg Dict. s. v. vrithâ.
269:32 Âpastamba I, 5, 17, 26, 29; Manu V, 5, 6, 19.
269:34 Manu V, 12; Yâgñavalkya I, 173, Haradatta explains mândhâla by vâgvada, which seems to be the same as the bird vâgguda, (Manu XII, 64). Mândhâla is not found in our dictionaries, but it apparently is a vicarious form for mânthâla, which occurs in the Vâgasaneyi-Samhitâ and is said to be the name of a kind of mouse or rat, It seems to me that the large herbivorous bat, usually called the flying fox (in Gugarâtî vâgud or vâgul) is really meant, which, by an inaccurate observer, might be described both as a bird and as a kind of rat. See also Vasishtha XIV, 48.
269:35 Âpastamba I, 5, 17, 32-33.
269:36 Âpastamba I, 5, 17, 38-39.
270:37 I.e. animals offered at Srâddhas and Srauta-sacrifices, though under other circumstances forbidden, may be eaten both by the priests and other Brâhmanas.
270:38 Haradatta takes vyâla, 'beasts of prey,' to mean sporting dogs, which no doubt are also intended.
270:1 XVIII. Manu V, 155. This Sûtra refers in the first instance to the inability of wives to offer on their own account Srauta or Grihya-sacrifices, or to perform vows and religious ceremonies prescribed in the Purânas, without the permission of their husbands. As the word strî means both wife and woman, its ulterior meaning is, that women in general are never independent; see Manu V, 148; IX, 3; Yâgñavalkya 1, 85.
270:2 Âpastamba II, 10, 27, 6; Manu IX, 102.
270:3 Manu V, 166; Yâgñavalkya I, 87.
270:4 Âpastamba II, 10, 27, 2-3; Manu IX, 59-60; Yâgñavalkya I, 68. Apati, 'she whose husband is dead,' means literally, 'she who has no husband.' But as the case of a woman whose husband has gone abroad, is discussed below, it follows that the former translation alone is admissible. It must, of course, be understood that the widow has no children.
271:5 The Gurus are here the husband's relatives, under whose protection the widow lives.
271:6 Regarding the term Sapinda, see above, XIV, 13; a Sagotra is a relative bearing the same family name (laukika gotra) removed seven to thirteen degrees, or still further. A Samânapravara is one who is descended from the same Rishi (vaidika gotra).
271:8 Colebrooke V, Digest 265. Haradatta explains atidvitîya, 'not more than two (sons),' to mean 'not more than one son' (prathamam apatyam atîtya dvitîyam na ganayed iti). But see Manu IX, 61.
271:9 Âpastamba II, 6, 13, 6-7.
271:10 Manu IX, 52.
271:11 Manu IX, 145. Such a son is called Kshetraga, see below, XXVIII, 32.
271:12 Manu IX, 144.
271:13 Yâgñavalkya II, 127. Such a son is called dvipitri or dvyâmushyâyana.
272:15 Manu IX, 76. 'When the husband has disappeared, i.e. has gone to a foreign country, his wife, though childless, shall wait for six years. After (the lapse of) that (period) she may, if she desires it, produce a child (by cohabiting with a Sapinda), after having been authorised thereto by her Gurus. If the husband is heard of, i.e. that he dwells in such and such a country, she shall go to him.'--Haradatta. Kshapana, 'waiting,' is ambiguous, and may also mean being continent or emaciating herself.
272:17 I.e. before she goes to live with a Sapinda, or tries to follow her husband, in case his residence is known.
272:20 Manu IX, 90-92; Yâgñavalkya I, 64.
272:21 Manu IX, 88.
272:22 Manu IX, 4; Yâgñavalkya I, 64. 'He who,' i.e. the father or guardian.
273:24 Manu XI, 11, 13. Haradatta explains dharmatantra, 'a rite prescribed by the sacred law,' here, as well as Sûtra 32, by 'the means,' i.e. a sacrificial animal and the like required by one who is engaged in performing a sacred duty, i.e. a Pasubandha-sacrifice and the like.
273:25 Manu XI, 12. 26-27. Manu XI, 14.
273:28 Manu XI, 16; Yâgñavalkya III, 43-
273:30 Manu XI, 7; Yâgñavalkya III, 43-44.
273:31 Manu XI, 21-22. Haradatta adds that a Brâhmana who acts thus, must, of course, not be punished.
274:32 Haradatta refers this Sûtra to the case where 'a sacrificial animal or other requisites for a sacrifice are stolen from a Brâhmana. It seems, however, more probable that it refers to the duty of the king to prevent, by all means in his power, a violation of the sacred duty to perform Srauta-sacrifices, and that it is intended to prescribe that he is to assist a man who is engaged in them and too poor to finish them.
274:1 XIX. Haradatta, thinks that the object of this Sûtra is to assert that in the following chapter the laws given above for castes and orders must be kept in mind. Thus penances like offering a Punastoma are not intended for Sûdras, who have no business with Vedic rites, but other penances are. He also states that another commentator believes that the Sûtra is meant to indicate that the following rules refer not merely to those men who belong to castes and orders, but to the Pratilomas also, who have been declared to stand outside the pale of the sacred law. Haradatta's opinion appears to be preferable.
274:2 'Ayam purushah, "man (in) this (world)," indicates the universal soul which is dwelling in the body. Yâpya, "vile," i.e. despicable (kutsita).'--Haradatta.
274:3 'They, i.e. the theologians (brahmavâdinah).'--Haradatta.
275:5 I.e. the guilt (adharma) contracted by the deed is not effaced before it has produced its result in the shape of punishment in hell and in other births, see also Manu X1, 45.
275:6 'Apara, "most excellent," means that which nothing surpasses, i.e. the settled doctrine.'--Haradatta.
275:7 The Punastoma is one of the Srauta-sacrifices belonging to the class called Ekâha. Regarding its efficacy, see also Lâtyâyana Srauta-sûtra IX, 4, 5.
275:8 The Vrâtyastoma is another Ekâha-sacrifice. Regarding its efficacy, see Yâgñavalkya I, 38; Lâtyâyana Srautra-sûtra VIII 6, 29.
275:9 Satapatha-brâhmana XIII, 3, 1, 1.
275:10 The Agnishtut is an Ekâha-sacrifice. Regarding its efficacy, see Manu XI, 75.
275:11 Manu XI, 46, 228; Âpastamba I, 9, 26, 12-I, 9, 27, 11.
275:12 'Those parts of the Âranyakas which are not (Upanishads) are called Vedântas. In all the Vedas (khandas), i.e. in all Sâkhâs (pravakana), the Samhitâ-text, not the Pada-text, nor the Krama-text. Another commentator says, "One Samhitâ is to be made p. 276 with all the metres, i.e. the Gâyatrî and the rest, and to be recited according to the manner of the Prâtaranuvâka."'--Haradatta. According to the same authority, the Madhus are found Taittirîya Âranyaka X, 38, the hymn of Aghamarshana Rig-veda X, 190, the Rudras Taittirîya-Samhitâ IV, 5, 1-11, and in the corresponding eleven chapters of all other Yagus-sâkhâs, the Purushasûkta Rig-veda X, 90, the Kûshmândas Taittirîya Âranyaka X, 3-5, the Pâvamânîs Rig-veda IX, while by Atharvasiras the Upanishad, known by that name, is meant. As regards the Sâmans mentioned in the Sûtra it suffices to refer to Professor Benfey's Index, Ind. Stud. III, 199, and to Dr. Burnell's Index of the Ârsheya-brâhmana.
276:13 According to Haradatta the word iti, which appears in the text at the end of the enumeration, is intended to include other similar kinds of food, as 'the five products of the cow.' Eating gold means eating small particles of gold which have been thrown into clarified butter and the like.
276:14 The word iti used in the text is, according to Haradatta, again to be taken in the sense of 'and so forth.' The translation of parishkanda, 'a temple,' not parishkandha, as Professor Stenzler p. 277 reads, is based on Haradatta's explanation. Etymologically it seems to mean 'a place for circumambulation,' and to denote the platform on which the temples usually stand, and which is used for the Pradakshina ceremony.
277:15 The word iti in the text is explained as in the preceding Sûtras.
277:18 These (acts), i.e. the recitation of the Veda and so forth, which have been enumerated above, Sûtras 11-16.
277:20 Regarding these penances, see chapters XXVI and XXVII. Haradatta again takes the word iti, which occurs in the text, to include other difficult penances.
277:1 XX. Haradatta remarks that the father is mentioned here, in order to indicate that other less venerable relatives must certainly p. 278 also be abandoned. He also states that bhrûnahan, 'he who slays a learned Brâhmana,' includes sinners who have committed other mortal sins (mahâpâtaka), see XXI, 1.
278:2 Manu XI, 183-185; Yâgñavalkya III, 295. The spiritual Gurus, i.e. the teacher who initiated him (âkârya) and those who instructed him in the Veda (upâdhyâya).
278:8 Manu XI, 185.
279:10 Manu XI, 187-188; Yâgñavalkya III, 296.
279:11 As appears from Gobhila Grihya-sûtra III, 4, 16, the noun to be understood is apâm añgalih, 'a handful of water.'
279:15 Haradatta refers the term Pâvamânîs here to Taittirîya-brâhmana I, 4, 8. The Taratsamandîs are found Rig veda IX, 58.
279:17 '"Water (consecrated) for the sake of purification" means p. 280 water consecrated by the formulas, "Cleansed is the earth," &c.'--Haradatta.
280:1 XXI. Âpastamba I, 7, 21, 7-9, 11; I, 9, 24, 6-9; Manu XI, 35; Yâgñavalkya III, 227. Guru, i.e. a father or spiritual teacher. The term yonisambandha, 'sisters and their female offspring,' seems to be used here in a sense different from that which it has III, 3; XIV, 20; and XIX, 20. it may possibly include also daughters-in-law.
280:2 Âpastamba II, 11, 29, 1.
280:3 Manu IX, 181; Yâgñavalkya III, 261.
281:7 Âpastamba I, 9, 24, 24-25; I, 9, 25, 1-3; Manu. XI, 90-92, 104-105. The 'penances' prescribed are equal to a sentence of death.
281:8 Âpastamba I, 7, 21, 10.
281:9 Yâgñavalkya III, 298. 'On account of the word "and," by slaying a Brâhmana and similar crimes also. Another (commentator) says, "A woman who serves the slayer of a learned Brâhmana, or a man of lower caste, i.e. becomes his wife, loses her caste. On account of the word 'and' the same happens in case she kills a Brâhmana or commits a similarly heinous crime. The slayer of a Brâhmana, is mentioned in order to include (all) outcasts."'--Haradatta.
281:10 Manu XI, 56-57; Yâgñavalkya III, 228-229.
281:11 Manu XI, 60-67; Yâgñavalkya III, 234-242; Âpastamba, I, 7, 21, 12-17, 19. The persons who defile the company are enumerated above, XV, 16-18.
282:12 Âpastamba I, 2, 4, 26; I, 2, 7, 26; I, 2, 8, 27. Haradatta asserts that, as the desertion of sinners has been prescribed above, XX, 1, the expression patanîyasevâyâm must here mean 'if they associate with outcasts.' The former rule refers, however, to blood relations only, and our Sûtra may be intended to extend it to spiritual, relations.
282:15 Âpastamba I, 10, 28, 9-10. The meaning is that parents, though they have become outcasts, must be provided with the necessaries of life.
282:16 Haradatta adds that their property goes to the king.
282:17 Âpastamba I, 7, 21, 20,
282:18 Yâgñavalkya III, 285.
282:20-21. Manu X1, 207; Yâgñavalkya III, 293. According to p. 283 Haradatta the word asvargyam, 'will be banished from or lose heaven,' may either mean that a hundred years' residence in heaven will be deducted from the rewards for his meritorious deeds, or that he will reside in hell for the period specified.
283:22 Manu XI, 208; Yâgñavalkya III, 293.
283:1 XXII. The text of the Sûtra consists of the single word 'penance' in the singular, which, being the adhikâra or heading, must be taken with each of the following Sûtras down to the end of chapter XXIII.
283:2 Manu XI, 74.
283:3 Âpastamba I, 9, 25, 11.
283:4 Âpastamba I, 9, 24, 11-20. Haradatta says, 'the foot of a bedstead' (khatvâṅga) is known in the case of the Pâsupatas, and indicates thereby that he interprets the term to mean 'a club shaped like the foot of a bedstead,' which the Pâsupatas wear.
283:5 Âpastamba I, 9, 24, 13.
284:6 Âpastamba I, 9, 25, 10.
284:7 Manu XI, 80; Yâgñavalkya III, 244-245.
284:8 Âpastamba I, 9, 25, 21.
284:9 Âpastamba I, 9, 25, 22.
284:10 Haradatta names the Pañkarâtra sacrifice as an instance of a Srauta yagña, of which an Agnishtut forms part. He adds that another commentator explain s the Sûtra to mean, 'or at any other sacrifice, provided that an Agnishtut sacrifice be its final ceremony.' Regarding the Agnishtut sacrifice, see also above, XIX, 10.
284:11 Yâgñavalkya III, 252.
284:12 Âpastamba I, 9, 24, 9; Manu XI, 88; Yâgñavalkya III, 251.
284:13 Âpastamba I, 9, 24, 8; Manu, Yâgñavalkya, loc. cit.
284:14 Âpastamba I, 9, 24, 1, 4. 'Prâkrita (normal) means natural p. 285 (svâbhâvika), i.e. not accompanied by the carrying of the foot of a bedstead and the rest.'--Haradatta.
285:15 Âpastamba I, 9, 24, 2, 4.
285:16 Âpastamba I, 9, 24, 3, 4.
285:17 Âpastamba I, 9, 24, 5; Yâgñavalkya III, 269. Haradatta says that this rule refers to the expiation of the murder of a virtuous Brâhmanî.
285:18 Âpastamba, I, 9, 26, 5; Manu XI, 109-116; Yâgñavalkya III, 263. Haradatta thinks that the Sûtra refers to the cow of a virtuous Srotriya or of a poor Brâhmana who has many children.
285:19 Âpastamba I, 9, 25, 13. Haradatta explains dahara to mean a small mouse, but gives the meaning assigned to it in the translation as the opinion of others. He states that all the animals named must have been intentionally injured and together.
285:20 Manu XI, 142; Yâgñavalkya III, 275.
285:21 Âpastamba I, 9, 26, 2.
286:22 Haradatta quotes a verse showing that 'something' means eight handfuls (mushti) of grain.
286:23 Manu XI, 134; Yâgñavalkya III, 273.
286:24 Manu XI, 135.
286:25 Manu XI, 34; Yâgñavalkya III, 273. Possibly danda, a bar, denotes here a particular measure, as a danda is said to be equal to four hastas or ninety-six aṅgulis.
286:26 Manu XI, 139.
286:29-30. Âpastamba II, 110, 27, 11.
286:33 Haradatta says that by the employment of Vedic texts, teaching or sacrificing is meant, but that others refer the Sûtra p. 287 to the performance of these acts in the company of, not for unworthy people.
287:35 Manu XI, 189; Yâgñavalkya III, 297.
287:36 Manu XI, 174. Regarding the Kûshmândas, see XIX, 12.
287:1 XXIII. Âpastamba I, 9, 25, 3. Haradatta, remarks that other twice-born men also must perform the same penance in case they drink liquor forbidden to them, see above, II, 20 note. He also states that the offence must have been committed intentionally and repeatedly in order to justify so severe an expiation. Regarding the effect of the purification after death, see above, XX, 16.
287:2-3. Manu XI, 151; Yâgñavalkya III, 255; see also Âpastamba I, 9, 25, 10.
288:4-5. Manu XI, 157.
288:6 Manu XI, 150.
288:7 Manu XI, 200; Yâgñavalkya III, 277.
288:8-10. Âpastamba I, 9, 25, 1-2. Haradatta asserts that Guru denotes here the father alone.
288:12 Manu XI, 171-172; Yâgñavalkya III, 232-233.
288:13 'The penance also consists in the performance of the rites obligatory on an unchaste student (see Sûtras 17-19), and that for the violation of a Guru's bed need not be performed.'--Haradatta.
288:14 Manu VIII, 371.
289:15 Manu VIII, 372; Yâgñavalkya III, 286; Âpastamba II, 10, 27, 9. My best MSS. read ghâtayet, 'shall cause to be killed,' instead of Professor Stenzler's khâdayet, 'shall cause to be devoured.' C. has khâdayet, but its commentary, as well as that given in the other MSS., shows that ghâtayet is the correct reading. The text of the commentary runs as follows: Anantaroktavishaye gatah pumân râgñâ ghâtayitvyo [khâdayitavyo C.] vadhaprakâraskânantaram eva vasishthavakane darsitah. The passages of Vasishtha XXI, 1-3, which Haradatta has quoted in explanation of Sûtra 14, prescribe that the adulterer is to be burnt. Another objection to the reading khâdayet is that the word would be superfluous. If Gautama had intended to prescribe the same punishment for the adulterer as for the woman, he would simply have said pumâmsam.
289:16 Above, i.e. XII, 2, where the mutilation of the offender has been prescribed. See also Âpastamba II, 10, 26, 20.
289:17-19. Âpastamba I, 9, 2 6, 8-9.
289:20 Manu II, 181, 187; Yâgñavalkya III, 278, 281. The Retasyâs are found Taittirîya Âranyaka I, 30.
290:21 Âpastamba II, 5,12, 22; Manu II, 220.
290:22 Manu V, 86. 'An impure person, i.e. a Kândâla and the like. This rule refers to a student (who sees such a person) while he recites the Veda.'--Haradatta.
290:23-24. Âpastamba I, 9, 27, 3-4. My copies omit amedhyaprâsane vâ, or has swallowed impure substances, and the words are not required, as another penance has been prescribed for the case above, Sûtra 3. But see also Sâmavidhâna I, 5, 13.
290:26 Manu XI, 161. The Sûtras referred to are XVII, 9-26.
290:27 Âpastamba I, 9, 26, 3. My copies read trirâtraparamam instead of trirâtram paramam. This reading, which seems preferable, p. 291 is also confirmed by the commentary, where the words are explained, trirâtraparatayâ parena trirâtram.
291:28 According to Haradatta the texts addressed to Varuna are yatkim kedam, Taitt. Samh. III, 4, 11, 6; imam me varuna, tattvâ yâmi, Taitt. Samh. II, i, 11, 6; and ava te helo, Taitt. Samh. I, 5, 11, 3. The hymns seen by Manu are Rig-veda VIII, 27-31.
291:29 Manu VII, 112.
291:32 Âpastamba I, 10, 28, 10-11. Regarding the Krikkhra penance, see below, chapter XXVI.
291:34 Manu XI, 174; Yâgñavalkya III, 288.
291:1 XXIV. Manu XI, 248; Yâgñavalkya III, 301.
292:2 Manu XI, 254. 'He who has accepted or desires to accept, i.e. because no other course is possible, (a present) offered by a man that is blamable on account of the caste of the giver or on account of his deeds, or (a present) that in itself is blamable, e.g. the skin of a black-buck and the like . . . in water, i.e. according to some, standing in water that reaches to his navel according to others, entirely immersed in water.'--Haradatta.
292:3 Manu loc. cit. 'Forbidden food has been described above, XVII, 8, 9. If, being unable to act otherwise, he desires to eat that, he shall throw earth, i.e. a piece of earth, (into it) and then eat it.'--Haradatta.
292:4 Haradatta adds that he shall bathe, dressed in his garments.
292:5 Haradatta adds that another commentator reads ekestrîshu, i.e. eke astrîshu, and explains the Sûtra to mean, 'Some (declare the above rule to refer also) to a bestial crime.'
292:6 Yâgñavalkya III, 303. According to Haradatta the complete Mantras are as follows: Lomânyâtmano mukhe mrityorâsye guhomi svâhâ, nakhânyâ. m. m. â. guhomi svâhâ, &c. This secret penance is apparently a milder form of that prescribed Âpastamba I, 9, 25, 12.
293:9 The Mahâvyâhritis are, bhûh, bhuvah, svah. Regarding the Kûshmândas, see above, XIX, 12.
293:10 Manu XI, 260-261; Yâgñavalkya III, 302. The vow intended is that prescribed above, Sûtras 6, 8.
293:11 Âpastamba I, 9, 26, 14-I, 9, 27, 1. Haradatta remarks that the performer of the penance shall live on milk and stop his breath, repeatedly stopping his breath.
294:1 XXV. For this and the following five Sûtras, see Taittirîya Âranyaka II, 18, 1 seq.
294:2 'All the remaining parts, i.e. his sight and the other organs of sense, go to Agni. Thus a student who has broken the vow of chastity becomes short-lived, weak, destitute of eminence in sacred learning, and destitute of sight, and so forth. Therefore a penance must be performed.'--Haradatta. It must, of course, be understood that the penance prescribed here, is a 'secret penance.'
294:3 'He, i.e. the unchaste student, shall kindle the fire in the night of the new moon, i.e. at midnight, in the manner declared in the Grihya-sûtra.'--Haradatta.
294:4 Haradatta says that while sprinkling water the performer shall recite the texts 'Aditi, thou hast permitted,' see Âpastamba II, 2, 3, 17 note. The Yagñavâstu oblation, which follows after the Svishtakrit offering, is described Gobhila Grihya-sûtra I, 8, 26-29.
295:7 Âpastamba I, 9, 26, 7. The verses addressed to the Waters are, Rv. X, 9, 1-3 = Taitt. Samh. IV, 1, 5, 1, and Taitt. Samh. V, 6, 1. Regarding those addressed to Varuna, see above, XXIII, 28. As an instance of 'other purificatory texts' Haradatta quotes Taittirîya-brâhmana I, 4, 81, 1.
295:8 Regarding the five Vyâhritis, see above, I, 51.
295:10 Haradatta gives the following four Mantras: Devakritasyainasovayaganam asi svâhâ, 'thou art the expiation for sin committed p. 296 by the gods,' svâhâ pitrikritasyainaso . . . svâhâ, manushyakritasyainaso . . . svâhâ, asmatkritasyainaso . . . svâhâ. But see Vâgasaneyi-Samhitâ VIII, 13, where eight Mantras are given, and below, XXVII, 7.
296:1 XXVI. Sâmavidhâna I, 2, 1; Âpastamba I, 9, 27, 7. Haradatta states that atah, 'therefore,' means 'because the Krikkhras cannot be performed if they have not been described,' while Sâyana, on the Sâmavidhâna, asserts that it means 'because unpurified persons who are unable to offer sacrifices cannot gain heavenly bliss without performing austerities such as Krikkhras.' It is a remarkable fact that Haradatta does not seem to have been aware that the twenty-sixth chapter of Gautama is taken bodily from the Sâmavidhâna.
296:2 Sâmavidhâna I, 2, 2. 'Food fit for offerings, i.e. such as is not mixed with salt or pungent condiments.'
296:3-5. Sâmavidhâna, I, 2, 3.
296:6 Sâmavidhâna I, 2-4.
297:7-11. Sâmavidhâna I, 2, 5. Âryans, i.e. Brâhmanas, Kshatriyas, and Vaisyas. Regarding the Sâmans and Mantras, see notes to Burnell's edition of the Sâmavidhâna, and above, XXV, 7. Haradatta remarks that in the Taitt. Samh. (V, 6, 1) the Mantras beginning ' The golden-coloured' are ten in number, and adds that 'if in some other Sâkhâ eight are found, those must be taken.'
297:12 Sâmavidhâna I, 2, 5, where, however, only four Mantras are given instead of our thirteen. The epithets given to the deity in the Sâmavidhâna can all be referred to the Sun, provided he is identified with the universal soul, while in the above Sûtra, Rudra and Indra have been introduced. It cannot be doubtful that the Sâmavidhâna gives an older and more authentic form of the prayer. My translation of the epithets, which are found in the Sâmavidhâna also, follows Sâyana's gloss. Haradatta does not explain them. About Sobhya in the twelfth Mantra, which possibly might mean, 'he who dwells in a mirage, i.e. the Samsâra,' I feel doubtful. My MSS. read somya, and the Sâmavidhâna has saumya in the second Mantra. But I am unwilling to alter the word, as Professor Stenzler's reading may have been derived from a South-Indian MS., where bhya and mya do not resemble each other so, much as in the Devanâgarî characters.
298:13-17. Sâmavidhâna I, 2, 5.
299:18 Sâmavidhâna I, 2, 6.
299:19 Sâmavidhâna I, 2, 7; Manu XI, 214; Yâgñavalkya III, 320.
299:20 Sâmavidhâna I, 2, 8; Yâgñavalkya III, 321.
299:21-23. Sâmavidhâna I, 2, 9.
299:24-25. Sâmavidhâna I, 2, 10. Sarveshu vedeshu snâtah, 'perfect p. 300 in all the Vedas,' means, literally, equal to a student who has bathed after completing the study of all the four Vedas.
300:2 XXVII. The rules meant particularly are those given XXVI, 6-11.
300:3 'He calls penance vrata.'--Haradatta.
300:5 The four religious acts, the first of which is the offering of libations, are to be performed with the help of the three sacred texts, the first of which begins "Increase." As the number (of the acts and of the verses) does not agree, the fire-oblations and the libations of water must be performed severally, each with one text, and the consecration (of the offerings) and the worship (of the moon must be performed with all of them) together.'--Haradatta.
300:6 'He shall offer--as nothing is specified--clarified butter, with the first four rikas of the Anuvâka 'Yad devâ devahedanam.' Counting the three mentioned above (Sûtra 5), altogether seven oblations of clarified butter must be made.'--Haradatta.
300:7 'On completion of the oblations of clarified butter, he p. 301 shall offer pieces of sacred fuel, reciting the eight sacred texts, which begin "Devakritasya," and have been mentioned above (XXV, 10). The word "completion" (anta) is merely a confirmation of something established, because (the place of the offering) is already fixed by the place of the rule. But others explain the word "ante" to mean "at the end of the Kândrâyana." The word "and" does not agree with their (opinion).'--Haradatta.
301:8 Haradatta observes that on the days when the performer eats less than fifteen mouthfuls, the later mentioned texts must be left out, and that, while eating, the performer must employ the Prânâhuti Mantras (Âpastamba II, 1, 1, 2 note). He concludes by giving the following prayoga for the performance of the ceremony: He places all the food in his dish, and consecrates it by the texts "Increase," &c. Next he divides it into mouthfuls, and consecrates each successively with the word Om and the rest, and eats them, reciting the texts for the Prânâhutis.'
301:9 Haradatta states that either of the two words may be used in consecrating all the mouthfuls, but that others think, both should be used.
301:10 Yâgñavalkya III, 324.
301:11 The term 'sacrificial viands' denotes here, according to Haradatta, the food eaten by the performer, which, like that eaten by the performer of a Krikkhra, must be havishya, 'fit for an offering,' p. 302 see above, XXVI, 2. Haradatta adds that, as a Grihastha must not beg, the food obtained by begging must have been collected by his pupils, and that liquid food must be used for the expiation of the more serious offences.
302:12 Manu XI, 2,7-218; Yâgñavalkya III, 324-325.
302:14 I.e. the performer may begin with the fast on the day of the new moon.
302:18 Manu XI, 221; Yâgñavalkya III, 327.
302:1 XXVIII. Colebrooke, Yâgñavalkya II, 4; Mitâksharâ I, 2, 7; p. 303 V, Digest 20; Mayûkha IV, 4, 3. Haradatta remarks that, according to Gautama, the sons alone shall divide the estate, and that the mother is not to receive a share, as other teachers, e.g. Yâgñavalkya II, 123, prescribe. Âpastamba II, 6, 13, 2 Manu IX, 104; Yâgñavalkya II, 117.
303:2 Colebrooke and Mayûkha loc. cit. Or the sons may divide the estate even during the lifetime of the father; when be desires it, i.e. by his permission. The time for such a (division is) when the mother is past child-bearing.'--Haradatta. The correctness of this interpretation of our Sûtra is corroborated by the exclusion of sons who have divided the family estate against the father's will (XV, 19) from the Srâddha dinner. Âpastamba II, 6, 14, 1.
303:3 Colebrooke, Dâyabhâga III, 1, 15; Manu IX, 105.
303:4 Colebrooke, Dâyabhâga III, 1, 14; V, Digest 47. After division each brother has to perform the Vaisvadeva and the other domestic ceremonies separately, while in a united family they are performed by the eldest brother. Thus a division of the family estate causes an increase of spiritual merit; see also Manu XI, III.
303:5 Colebrooke, Dâyabhâga II, 37; V, Digest 47; Manu IX, 112.
303:6 Colebrooke II. cit. 'And that (additional share is given), if of the one-eyed and the rest there are several, i.e. if the others also get (some).'
304:7 Colebrooke II. cit. 'Avih (a sheep), i.e. an animal having a fleece. The singular number (is used to denote) the species, (and the explanation is), "As many sheep as there are." For (the possession of) one would follow already from the phrase, "And one of each kind of animals." Another (commentator says), "Though the father may possess one sheep only, still it belongs to the youngest, and the phrase 'one of each kind of animals' refers to the case when there are many." . . . This (additional share is that) belonging to the youngest. (If there are more than three sons) the others obtain the share of the middle most.'--Haradatta.
304:8 Colebrooke II. cit.
304:9 Colebrooke, Dâyabhâga II, 3 7; V, Digest 51. My best copy P. leaves out this Sûtra and the next. The others read dvyamsî vâ pûrvagah (not pûrvagasya, as Professor Stenzler reads), and explain the former word as follows, 'dvâvamsau dvyamsam tadasyâstîti dvyamsî.' Manu II, 117.
304:10 Colebrooke II. cit.
304:11 Colebrooke V, Digest 68.
304:12 Colebrooke loc. cit. The meaning, appears to be that no brother is to select more than ten head of cattle.
304:13 Colebrooke V, Digest 69. But, as has been declared above (Sûtra 11), one of each kind only. In the case of the v. 1. dvipadânâm, the word pada (step) is used in the sense of the word pâda (foot).'--Haradatta.
304:14 Colebrooke V, Digest 58; Manu IX, 123.
305:15 Colebrooke loc. cit.; Manu IX, 124.
305:16 Colebrooke loc. cit.
305:17 Colebrooke V, Digest 59. 'After having divided the estate into as many portions as there are wives who possess sons, and having united as many shares as there are sons (of each mother), let the eldest in each class (of uterine brothers) receive the additional share of one-twentieth and so forth.'--Haradatta.
305:18-19. Colebrooke V, Digest 225; Manu IX, 130-140.
305:20 Manu III, 11; Yâgñavalkya I, 53.
305:21 Colebrooke, Dâyabhâga XI, 6, 25; Mitâksharâ II, 1, 18; V, Digest 440. My copies as well as Gîmûtavâhana and Vigñânesvara read in the text strî vâ, 'or the wife,' instead of stri ka, p. 306 'and the wife.' Still the latter seems to be the reading recognised by Haradatta, as he says, 'But the wife is joined together (samukkîyate) with all the Sagotras and the rest. When the Sagotras and the rest inherit, then the wife shall inherit one share with them,' &c. Âpastamba II, 6, 14, 2; Manu IX, 187; Yâgñavalkya II, 135-136.
306:22 Colebrooke, Mitâksharâ II, 1, 8, where this Sûtra has, however, been combined with the preceding. See also above, XVIII, 4-8; Manu IX, 145-146, 190.
306:23 Colebrooke V, Digest 341; Manu IX, 144.
306:24 Colebrooke, Dâyabhâga IV, 2, 13; Mitâksharâ I, 3, 11; II, 2, 4; V, Digest 490; Mayûkha IV, 8,12. See also Manu IX, 192; Yâgñavalkya II, 145.
306:25 Colebrooke, Dâyabhâga IV, 3, 27; V, Digest 511; Mayûkha IV, 10, 32. 'The fee, i.e. the money which at an Âsura, or an Ârsha wedding, the father has taken for giving the sister away. That goes after his (the father's) death to the uterine brothers of that sister; and that (happens) after the mother's death. But if the mother is alive (it goes) to her.'--Haradatta.
306:26 Colebrooke V, Digest 511.
306:27 Colebrooke V, Digest 424. 'The word "eldest" is used p. 307 to give an example. (The property) goes to the brothers, not to the widow, nor to the parents. That is the opinion of the venerable teacher.'--Haradatta. Yâgñavalkya II. 34.
307:28 Mayûkha IV, 9, 15; Manu IX, 212, Yâgñavalkya. II, 138.
307:29 Colebrooke, Dâyabhâga VII, 3; Manu IX. 216.
307:30 Colebrooke, Dâyabhâga VI, 1, 17; V, Digest 355; Mayûkha IV. 7, 10; Mayûkha, 206; Yâgñavalkya II, 119.
307:31 Colebrooke V, Digest 137; Manu IX. 208.
307:32-33. Colebrooke V, Digest 184 Mayûkha IX, 166-178; Yâgñavalkya II, 128-132. My best copy P. inserts another Sûtra between this and the following one, ete tu gotrabhâgah, 'but these (latter six) belong to the family (only, and do not inherit).'
307:34 Colebrooke V, Digest 184. The residue of the estate p. 308 goes to the Sapindas. If it is here stated that the son of an appointed daughter receives, even on failure of a legitimate son, a fourth part of the estate only, that refers to the son of an appointed daughter of lower caste, i.e. to a son who is born, when somebody makes the daughter of a wife of lower caste his appointed daughter, and does that by intent only.'--Haradatta.
308:35 Colebrooke V, Digest 158; Manu IX, 149-153; Yâgñavalkya II, 12 5. If the son of a Brâhmana by a Kshatriya wife is endowed with good qualities and the eldest, then he shares equally with a younger son by a Brâhmanî. For the one possesses seniority by age and the other by caste.'--Haradatta.
308:36 Colebrooke loc. cit. 'What is exclusive of the additional share of the eldest, which has been declared above, Sûtra 5, (that) other (part) he shall obtain. The verb must be understood from the context. Regarding a son by a Kshatriya wife who is the eldest, but destitute of good qualities, the Mânava Dharma-sâstra declares (IX, 152-153), "Or (if no deduction be made)," &c.'--Haradatta. The sense in which the Sûtra has been taken above, agrees with the explanation of the Ratnâkara adduced in the Digest loc. cit., though the reading of the text followed there seems to be different.
308:37-38. Colebrooke V, Digest 159. In the Digest V, 160, an additional Sûtra regarding the partition between the sons of a p. 309 Vaisya by Vaisya and Sûdra wives is quoted, which, however, is not recognised by Haradatta.
309:39 Colebrooke V, Digest 169; Mayûkha IV, 4. 30. '(The word) of a Brâhmana must be understood (from Sûtra 35).'--Haradatta.
309:40 Colebrooke V. Digest 316; Âpastamba II, 6, 14, 15.
309:41 Colebrooke, Mitâksharâ II, 7, 3; Mayûkha IV, 8, 25. 'The expression "of a childless (Brâhmana)" includes by implication (the absence) of Sapindas and other (heirs).'--Haradatta. Srotriyas, i.e. Brâhmanas learned in the Vedas. See also Manu IX, 188.
309:42 Âpastamba II, 6. 14, 5.
309:43 Colebrooke V, Digest 335; Manu IX, 201-202; Yâgñavalkya II, 140.
309:44 Colebrooke loc. cit.: Manu IX. 203; Yâgñavalkya II. 141.
309:45 Colebrooke V, Digest 171, 335.
310:46 Manu IX, 219. For a fuller explanation of the terms, yoga and kshema, (property destined for) pious men and sacrifices, see Colebrooke, Mitâksharâ I, 4, 23.
310:47 Colebrooke, Mitâksharâ I, 4, 22; V, Digest 367; Mayûkha IV, 7, 19.
310:49-51. Âpastamba II, 11, 29, 13-14; Manu XII, 108-113. Three men belonging to the (three) orders enumerated first, i.e. a student, a householder, and an ascetic, see above, III, 2.
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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