The Vashishta Dharmashastra, Part 3
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
75:1-9. XV. Vyavahâramayûkha IV, 5, 16; Colebrooke V, Digest CCLXXIII; Dattakamîmâmsâ IV, 14; V, 31-40.
75:3 Colebrooke, Mitâksharâ I, II, 11; Dattakamîmâmsâ IV, 2-3.
75:4 Dattakamîmâmsâ IV, 4. I.e. to offer funeral sacrifices to his ancestors and to have sons who do it after him.
75:5 Dattakamîmâmsâ I, 15; IV, 9.
75:6 Colebrooke, Mitâksharâ I, II, 13, and note; Dattakamîmâmsâ p. 76 II, 51; Dattakakandrikâ II, 11. 'To the king,' i.e. to the person who holds the village, either to the king of the country or to the feudal chief (Thâkor) who holds it under the sovereign. 'Reciting the Vyâhritis,' i.e. saying with the first oblation Om bhûh svâhâ, with the second Om bhuvah svâhâ, with the third Om svah svâhâ, and with the fourth Om bh., bh., sv. svâhâ; see Vyavahâramayûkha IV, 5, 42. 'A not remote kinsman, just the nearest among his relatives,' i.e. a boy as nearly related as possible, in the first instance a Sapinda, on failure of such a one, .a Samânodaka or a Sagotra.
76:7 Dattakamîmâmsâ II, 18; Dattakakandrikâ II, 11. If a doubt arises,' i.e. if the adopter afterwards feels uncertain regarding the caste or other qualifications of his adopted son. 'Set him apart like a Sûdra,' i.e. shall neither have him initiated nor employ him for any sacred rites.
76:8 Dattakakandrikâ II, 11.
76:9 Colebrooke, Mitâksharâ I, 11, 24. Dattakamîmâmsâ X, 1; Dattakakandrikâ II, 11; V, 17. For the explanation of the term 'a fourth part,' see Colebrooke, Mitâksharâ I, 77.
76:10 'Rites procuring prosperity,' i.e. Srâddhas, expiatory rites, &c. See also above, III, 71, and Gautama XI, 17. According to Krishnapandita the estate is in this case to be divided equally between the legitimate son and the adopted son. An entirely p. 77 different explanation, 'Provided (the estate) may not have been expended in acts of merit,' is given Dattakakandrikâ V, 17-18. It is doubtlessly erroneous, for 'the estate' is nowhere mentioned in the preceding Sûtras.
77:11 Gautama XX, 1.
77:12 Gautama XX, 4. 'For the (outcast),' i.e. pronouncing his name, and saying, 'I deprive N. N. of water.'
77:13 Gautama XX, 5. Krishnapandita takes the Sûtra differently, but his explanation is refuted by the parallel passage of Gautama and Haradatta's commentary thereon.
77:14 Gautama XX, 7.
77:15 Gautama XX, 8-9.
78:20 Gautama XX, 10-14. I read 'punyahradât,' instead of 'pûrnâhradât,' as the MSS. and Krishnapandita have. The passage of the Veda referred to occurs Rig-veda X, 9, I.
78:21 I.e. the person readmitted shall receive all the various sacraments just like a new-born child.
78:2 XVI. Vishnu III, 72-73. Krishnapandita gives a second explanation of the Sûtra, which also appears admissible, 'Let the king transact the business on the bench, taking counsel (with learned Brâhmanas as assessors);' see Vishnu III, 72.
78:3 Translated as above the Sûtra is nearly equivalent to Gautama p. 79 XI, 5. But the phrase 'when two parties have a dispute' may also indicate, as Krishnapandita suggests, that the king or judge shall not promote litigation, see Gautama XIII, 27. As Krishnapandita states, the Sûtra may, however, mean also, 'when one case is being argued, let him not begin another (without finishing the first);' see Manu VIII, 43. Owing to the particular nature of the Sûtra style and the inclination of the Brâhmanical mind to double-entendres, I do not think it improbable that the author may have intended, both in this and in the preceding Sûtras, that his words should be interpreted in two ways.
79:4 Gautama XI, 23-24. I divide the words of the text, as follows, 'yathâsanam (i.e. yathâ-âsanam) aparâdhohî; antena aparâdhah,' and interpolate syât at the end of the first clause.
79:5 Krishnapandita wrongly divides this Sûtra into two, and wrongly adopts the reading of MSS. B. and E., consequently he obtains a sense only by the most astonishing tricks of interpretation. I read with MSS. Bh. and F., yathâsanam aparâdhohyâdyavarnayor vidyântatah, to which the reading of I. O. 913 âdyavarnayor vidhânatah points also. The meaning of the expression, 'according to the sum of the science of the first two castes,' I take to be according to the rules of sacred learning and of the mîmâmsâ, which is peculiar to the Brâhmanas and of logic (ânvîkshikî) and polity (dandanîti), which are peculiar to or at least recommended to the particular attention of the Kshatriyas.
79:6 I read with MSS. Bh. and F., sampannam ka rakshayet. I consider this Sûtra to contain an admonition addressed to the king for himself; see Manu VII, 99. Krishnapandita and B. read sapattram ka rakshayet, 'Let him protect that which is attested by writings,' i, e. the donations of former kings, attested by writings; see Vishnu III, 83.
79:7 Krishnapandita thinks that the rule refers to the property of p. 80 the infant children of a hostile king who has been conquered and slain. It is, however, not improbable that it has a wider sense, and exhorts the king to look after the property of the children of his predecessor and of deceased feudal barons.
80:8-9. Gautama X, 48; Vishnu III, 65.
80:10 Yâgñavalkya II, 22.
80:11 Krishnapandita quotes in illustration of this Sûtra the following passage of Saṅkha and Likhita: 'In a field through which (there is a right of) road, (space) for the road must be set apart, and on the king's high-road a space sufficient for turning a chariot.'
80:12 Arthântareshu, 'near other things (of the same description),' means, according to Krishnapandita, 'near pleasure-gardens and the like: No doubt, buildings of all kinds, fenced or walled gardens, and so forth are meant. I read tripâdamâtram.
80:13 Manu VIII, 258, 262; Yâgñavalkya II, 150, 152, 154.
81:15 Manu VIII, 259.
81:16 In translating anvâdheya by 'property given to a wife by her husband or his family after marriage,' I have followed Krishnapandita's explanation. It may, however, mean also 'a deposit to be delivered to a third person' (anvâhita or anvâdhi). Pratigraha, 'a gift,' is elsewhere explained as 'property promised, but not actually given.'
81:17 Yâgñavalkya II, 24; see also Vishnu V, 187; Manu VIII, 148.
81:18 Identical with Manu VIII, 149; Yâgñavalkya II, 25.
81:19 Manu VIII, 30.
81:20 'If it be otherwise,' i.e. if the owner gave his property up temporarily only, e.g. went on a journey or a pilgrimage, leaving it without anybody to take care of.
82:28 Vishnu VIII, 8; Yâgñavalkya II, 68; Manu VIII, 62-63.
82:29 Yâgñavalkya II, 69.
82:30 Manu VIII, 68.
82:31 Vishnu VI, 41; Manu VIII, 159; Yâgñavalkya II, 47.
83:33 Identical with Manu VIII, 93.
83:34 Identical with Manu VIII, 98. Regarding the explanation of the words 'he kills,' see Manu VIII, 97, and Haradatta on Gautama XIII, 14.
83:35 Gautama XXIII, 29. Between this and the preceding Sûtras the MSS. as well as Krishnapandita insert another one, which is so corrupt that I am unable to translate it. Krishnapandita's explanation is opposed to all rules of interpretation, and not worth giving.
83:36 This verse, too, is corrupt, though the general sense is not doubtful. I read svaganasyârthe yadi vârthahetoh pakshâsrayenaiva vadanti kâryam--te sabdavamsasya kulasya pûrvân svargasthitâmstânapi pâtayanti. 'The ancestors of their spiritual family,' i.e. the teacher, the teacher's teacher, and so forth.
84:1 XVII. Identical with Vishnu XV, 45; Manu IX, 107; Colebrooke Y, Dig. CCCIV.
84:2 The latter part of the quotation occurs Aitareya-brâhmana VII, 3, 9.
84:3 Rig-veda I, 21, 5.
84:4 Rig-veda V, 4, 10; Taittirîya-samhitâ I, 4, 46, I.
84:5 Identical with Manu IX, 137, and Vishnu XV, 46.
84:6 The same point is argued Manu IX, 31-56.
84:8 Identical with Manu IX, 50.
85:9 Âpastamba II, 6, 13, 7.
85:10 Vishnu XV, 42.
85:11 Vishnu XV, 41.
85:12 Colebrooke V, Dig. CXCIII; Vishnu XV, 1. Elsewhere the expression purânadrishtâh, 'noticed by the ancients,' has been taken to mean 'seen in the Purâna' ('the holy writ,' Colebrooke).
85:13 Colebrooke V, Dig. CXCIII; Vishnu XV, 2.
85:14 Colebrooke V, Dig. CCXXX; Vishnu XV, 3.
85:15 Colebrooke V, Dig. CCIII; Mitâksharâ I, 11, 3; Vyavahâra Mayûkha IV, 4, 43. The curious fact that Vasishtha here calls the appointed daughter a son may perhaps be explained by a custom which, though rarely practised, still occurs in Kasmîr, and by which a brotherless maiden is given a male name. A historical instance of this kind is mentioned in the Râgataraṅginî, where it is stated that Kalyânadevî, princess of Gauda and wife of king Gayâpîda, was called by her father Kalyânamalla. When I collated this passage with the help of a Kasmîrian, I was told that a certain Brâhmana, still living in Srinagar, had changed the p. 86 name of his only child, a daughter called Amrî, to the corresponding masculine form, Amargû, in order to secure to himself through her the same spiritual benefits as if he had a son. It seems to me not improbable that Vasishtha's Sûtra alludes to the same legal fiction, and that he recommends in the first instance that the father is to make his daughter a son by changing her name, and next to secure for himself her son, by the verse quoted Sûtra 17.
86:16 Colebrooke V, Dig. CCIII, where the preceding Sûtra has been placed after this. Compare Rig-veda I; 124, 5.
86:17 Colebrooke V, Dig. CCXVI; Mitâksharâ I, 11, 3; Dâyabhâga X, 4; Vyavahâra Mayûkha IV, 4, 43; Vishnu XV, 5.
86:18 Vishnu XV, 7.
86:19 Nârada XII, 48 (Jolly), where, however, kaumâram patim has been wrongly translated by 'an infant husband.'
86:20 Manu IX, 175.
86:21 Colebrooke V, Dig. CCLIX; Vishnu XV, 10.
86:22 Colebrooke V, Dig. CCLIX; Vishnu XV, 11.
87:24 Vishnu XV, 13.
87:25 'From a great danger,' i.e. 'from the danger of losing heaven through failure of the funeral oblations.'
87:26 Vishnu XV, 15. 28. Vishnu XV, 18.
87:29 Vishnu XV, 19. 30. Vishnu XV, 20.
87:32 The MSS. and editions read the last word of the Sûtra as follows: B. vikrîyya; Ben. ed. vikrîya; Bh. E. F. vikrâdya; Calc. ed. and I. O. 913 vikrâyya svayam krîtavân. I believe that, as the letters ka and va are constantly mistaken by the copyists the one for the other, the original reading was kikrâya. Regarding the story told in this Sûtra and continued below, Sûtra 35, see Max Müller, History of Ancient Sanskrit Literature, pp. 408-416 and 573-588.
87:33 Vishnu XV, 22.
88:36-37. Colebrooke V, Dig. CCXC; Vishnu XV, 24-25.
88:38 Colebrooke V, Dig. CCXCII; Dattakakandrikâ V, 14; Vishnu XVII, 27; Manu IX, 178-179; Gautama XXVIII, 39.
88:40 Colebrooke V, Dig. L; Vyavahâra Mayûkha IV, 4, 37.
88:41 Colebrooke V, Dig. CXVII; Vyavahâra Mayûkha IV, 4, 37.
88:42-45. Colebrooke V, Dig. L; Dâyabhâga II, 41; Gautama XXVIII, 9 and 5-7.
89:46 Colebrooke V, Dig. CCCCXCII; Dâyabhâga IV, 2, 15; Vishnu XVII, 21.
89:47-50. Colebrooke V, Dig. CLIV; Vishnu XVIII, 1--5.
89:51 Colebrooke V, Dig. LXXV, CXXXVIII, CCCLVI; Dâyabhâga II, 41; Vyavahâra Mayûkha IV, 7, 8. 'By his own effort,' i.e. by learning or disputations with learned men, by bravery in battle, &c.
89:52 Colebrooke V, Dig. CCCXXXVIII; Mitâksharâ II, 8, 7; 10, 3; Vyavahâra Mayûkha IV, 11, 5. The persons intended are a perpetual student, a hermit, and ascetic.
89:53 Vyavahâra Mayûkha IV, 11, 10.
89:54 Vyavahâra Mayûkha IV, 11, 10; Vishnu XV, 33.
89:55 'Practising religious vows,' i.e. 'eating only once a day, and so forth.'--Krishnapandita.
90:56 Gautama XVIII, 4-7. The Gurus intended are the teacher, sub-teachers (upâdhyâya), and officiating priests.
90:57 Avasâm, 'ill-conducted,' may also mean 'out of her mind through grief or any other passion.' The former explanation has been adopted by Krishnapandita, whom I have followed above.
90:61 Manu IX, 60. Regarding the muhûrta sacred to Pragâpati, see above, XII, 47.
90:63 Gautama XVIII, 9-12.
91:64 Gautama XVIII, 13. 'To both the males connected with the appointment,' i.e. to the deceased husband for whose sake the appointment is made, and to the natural father of the child, to whom the widow is made over.
91:65 Colebrooke, Mitâksharâ II, 1, 11. Krishnapandita thinks that the Sûtra forbids an appointment which is made with the intention to secure the estate or a share of the estate of the natural father, from whom the kshetraga son inherits also (Yâgñavalkya II, 127). But it seems equally probable that it is intended to pre-vent a widow from agreeing to an appointment in order to obtain control over her husband's estate.
91:66 Krishnapandita thinks that the rule refers to all cases of appointment.
91:67-68. Vishnu XXIV, 40, and note.
91:70 Gautama XVIII, 23.
92:71 Colebrooke IV, Dig. XVI; Dâyabhâga XI, 2, 6; Yâgñavalkya I, 64.
92:72 Colebrooke IV, Dig. CLXXIV.
92:75-76. Colebrooke IV, Dig. CLVI, where the Sûtras have been altered intentionally; Gautama XVIII, 15-12,
93:79 The persons intended are, (1) brothers united in interest with her husband and other coparceners, (2) separated brothers of the husband. (3) separated blood-relations of the husband within six degrees, (4) separated blood-relations of the husband within fourteen degrees, and (5) persons bearing the same family name or, in the case of Brâhmanas, descended from the same Rishi.
93:81 Gautama XXVIII, 21; Vishnu XVII, 10. The subsidiary sons are those mentioned above, 26-38, who under ordinary circumstances do not inherit; see also above, Sûtra 39, and Gautama XXVIII, 34.
93:82 Âpastamba II, 6, 14, 3.
93:83-84. Vishnu XVII, 13.
94:87 Vishnu XVII, 14.
94:1 XVIII. Vishnu XVI, 6.
94:4 Krishnapandita reads Romaka, 'a Roman,' for Râmaka, and the B. MS. supports him. The other MSS., including I. O. 913, give the reading adopted above. I prefer it, as there is no reason to assume that the Vâsishtha Dharmasâstra belongs to the late period when the Hindus had become aware of the existence of the Roman empire. On the other hand, it may be urged that Romaka is a correction which would easily suggest itself to a Pandit, who was unable to find a parallel passage in which the word Râmaka occurs.
94:6 Vishnu XVI, 6.
94:7 Manu X. 40.
95:8 Gautama IV, 16.
95:10 I omit the words sava iti mritâkhyâ, 'a corpse is another name for one who has died,' as an interpolation.
95:11 Âpastamba I, 3, 9, 9. 12. Vishnu XXX, 14.
95:14-15. Identical with Manu IV, 80-81.
95:16 A Prâgâpatya penance, i.e. a Krikkhra, see below, XXI, 20. p. 96 The verse belongs rather to the section on penances, and seems to have been entered here merely because it stood in Yama's text with the other two, and the author, to use a homely Indian comparison, 'did not disdain to catch a fish, though he went to fetch water.'
96:1 XIX. Vishnu III, 2.
96:2 Manu VIII, 306.
96:3 Vishnu III, 70.
96:4 Gautama XI, 14.
96:7 Vishnu III, 3; Gautama XI, 20.
97:8 Vishnu III, 37.
97:9 Gautama XII, 51. Krishnapandita has two Sûtras instead of one, and reads the second himsâkrosayoh kalpah. The majority of the MSS. have, however, kalpâ(h), which I consider to be a mistake for kalpyah, 'must be awarded.'
97:11 Vishnu V, 55-56. The meaning of the Sûtra is that the king is to punish those who commit such acts.
97:12 The explicit permission to cut down trees for sacrificial purposes is given Vishnu LI, 63.
97:13 Manu VIII, 403.
97:14-15. The translation of these two Sutras is not certain, because the words nîhâra and naihârika are not found elsewhere in the sense which has been attributed to them here. Still I think it very probable that Krishnapandita's explanation nirhâra and nirhâre sâdhu is right, and that the king is exhorted not to take the property of his subjects by force, but to levy taxes according to the value or the measure of the articles sold.
98:16 The Sûtra has been left out, as the text is corrupt, and I am unable to suggest any emendation. Krishnapandita's explanation is not worth giving.
98:17 'The army which consists of companies of ten,' i.e. the lowest subdivision of which consists of ten parts, viz. one elephant, one chariot, two horsemen, and three foot soldiers. Such a body is called a patti. The larger divisions, like the senâmukha, 'battalion,' &c., are formed by three, nine, or twenty-seven pattis. Though I am unable to adduce any positive proof for it, vâha must, according to the connexion in which it stands, be a synonym of patti. 'The double duty' of the army is, according to Krishnapandita, marching and fighting.
98:21 The Sûtra is utterly corrupt, and cannot be restored with the help of the MSS. at my disposal. It probably referred to the amount of duties to be levied on goods sold in the market.
98:22 The meaning of the Sûtra seems to be, that on those rivers, where the water either runs off or is very low during the dry season, the ferrymen must not be allowed to exact a toll from people crossing without their help. Such a rule would not be superfluous, as most Indian rivers are perfectly fordable between December and June, but impassable without boats in the other five months.
98:23 Âpastamba II, 10, 26, 10, 12-17; Manu VIII, 394. Krishnapandita to correctly points out that, though according to I, 43, all Brâhmanas are to be free from taxes, the Srotriya or Vaidik is mentioned once more in order to show that a king, however distressed, must not take anything from him (Manu VII, 133). Krishnapandita reads instead of pradâtâs, pradâtârah, 'very liberal men.' Manu loc. cit. exempts 'those who confer great benefits on priests of eminent learning' from paying taxes. His emendation would, therefore, be acceptable if the word pradâtâh did not occur in the same connexion above, XI, 7.
99:24 Âpastamba II, 10, 26, 11.
99:25 I read with the majority of the MSS. bâhubhyâmuttarañkhatagunam dadyât.
99:26 Krishnapandita explains dâha, '(places of) combustion,' by agni, 'fire.' I am not certain what he means thereby. To me it seems most probable that Vasishtha intends 'a place of cremation' (dâhasthala), though it is just possible to refer the expression to the jungle fires, which the aboriginal tribes light in the forests, in order to sow their Nâglî in the ground manured by the ashes.
99:28 Gautama, X, 31.
99:29 Krishnapandita refers this and the following five Sûtras to p. 100 the case where a king has conquered a foreign country; compare also Vishnu III, 49-48. I think that Sûtras 30-31 conclusively show that these rules are intended to regulate the conduct of a king on the death of his predecessor and his own accession to the throne.
100:34 Krishnapandita thinks that the queens unwilling to accept a bare subsistence may go wherever they like. I think the word used in the text points rather to their becoming ascetics.
100:35 This rule refers apparently to eunuchs and insane persons left with money, but without near relatives, with whom they are united in interest. Vishnu III, 65.
100:37 I translate the one word sulka by 'duties and taxes.' The term has a great many different meanings in the law books, and is in this verse apparently used in two senses. Krishnapandita is of a different opinion, and thinks that the persons named are free from paying a sulka in case they trade. The chief objection is that trading ascetics and Srotriyas are not known to the ancient writers, though they are common enough in modern India.
101:38 This Sûtra apparently alludes to a penitent thief who con-fesses his crime and asks for punishment; see below, XX, 41.
101:39 Manu IX, 270; Nârada V, 29-33 (Jolly). As given in the MSS. and by Krishnapandita, the Sûtra is doubtlessly corrupt. I read vranasampanno vyapadishtah.
101:44 Identical with Manu VIII, 317.
101:45 Identical with Manu VIII, 318.
102:47 Vishnu XXII, 48; Manu V, 94.
102:48 Identical with Manu V, 93. 'Those engaged in practising vows' are, according to Kullûka and Krishnapandita, students learning the Veda.
102:1-2. XX. Manu XI, 45; Yâgñavalkya III, 226.
102:4 'Among those,' i.e. the sinful men (enasvinah) enumerated above, I, 18; Vishnu LIV, 11.
103:5-10. Manu XI, 201.
103:6 Regarding the Krikkhra penance, see below, XXI, 20.
103:7-8. Vishnu LIV, 16. According to Krishnapandita both brothers shall perform penances. The elder brother shall marry after his penance is finished. The younger one shall offer his wife to the elder, in order to atone for the slur put upon the elder. The latter shall accept her for form's sake and return her to the younger brother, who must once more wed her. Regarding the Atikrikkhra penance, see below, XXIV, 2.
103:10 Vishnu LIV, 16. Krishnapandita thinks that he should marry another wife, but adds that others say that, after offering his wife to the husband of the younger sister and receiving his permission he should wed her once more.
104:11 See below, XXI, 27.
104:12 Vishnu LIV, 13.
104:13 Gautama XXIII, 10.
104:14 Gautama XXIII,
104:15-16. Gautama XXIII, 12. 9, 11.
104:16 Krishnapandita explains sakhîm, 'a female friend,' by 'a woman who has affection (for the offender), i.e. a sister and so forth.' Apapâtra are low-caste people, whose vessels must not be used; see Âpastamba I, 1, 3, 25, note.
105:18 Identical with Manu XI, 152, and Vishnu LI, 5.
105:19-20. Manu XI, 151; Vishnu LI, 2. Regarding the other of liquors, see Manu XI, 95-96,
105:21 Manu XI, 148.
105:22 Gautama XXIII, 1.
105:23 Gautama XXII, 13. It must be understood a real Brâhmana who knows the Veda is meant.
105:24 'Therefore they offer burnt-oblations for the production of males,' i.e. they perform the Pumsavana, one of the sacraments; p. 107 see eg. Âsvalâyana I, 13. The Sûtra is marked as a quotation, and probably belongs to some Vedic work.
106:25 Âpastamba I, 9, 25, 12.
106:27 Gautama XXII, 8.
106:28 Âpastamba I, 9, 24, 21.
106:29 Taken by itself the Sûtra would seem to refer to the maxim that a free confession reduces the guilt of the offender (Manu XI, 228). But on account of the next Sûtra it is necessary to assume, with Krishnapandita, that half the guilt of a crime, of which another man justly accuses an offender, falls on the accuser, while the p. 107 offender's guilt becomes less by the publication of his misdeed. It is, however, not improbable that the text is here defective, and one or several Sûtras have been left out.
107:30 Gautama XXI, 17-18.
107:31 Vishnu L, 12. The text is here evidently defective. The Sutra or Sûtras left out must have contained the description of another penance for the murder of a Brâhmana, which is mentioned in nearly all the Smritis (see Vishnu L, 1-6, 15, and the parallel passages). Its chief conditions are, that the murderer is to live separate for twelve years, and to subsist on alms given by people who are acquainted with his crime. Without such an additional rule this and the following Sûtras are utterly unintelligible.
107:32 Vishnu L, 13.
107:33 Vishnu L, 14.
107:34 Vishnu L, 7, 9.
107:36 The author means to say that the word âtreyî is derived from atra, at that time,' and the verb i, 'to approach.' The etymology is worthy of the Nirukta.
108:37-40. Gautama XXII, 17.
108:41 Vishnu LII, 1-2. Krishnapandita remarks that Sûlapâni explains audumbaram, 'made of Udumbara wood,' by 'made of copper,' and that the weapon intended is a club. The last remark is probably true, as the parallel passages of the other Smritis state that the thief is to take a club to the king, with which he is to be struck.
108:42 Âpastamba I, 9, 25, 6.
109:44 Manu XI, 49; Vishnu XLV, 4, 5, 6.
109:45 Vishnu LIV, 28.
109:46 Manu XI, 194.
109:1-5. XXI. Gautama XXIII, 15. Krishnapandita reads, instead of prâsyet, 'he shall throw,' prâsyet, and explains it by dâhayet, he shall cause to be burnt.' It must be understood that these p. 110 extreme punishments are to be inflicted in particularly bad cases only.
110:6 'Afterwards in order to purify her who is immersed in water, i.e. has plunged into water, he shall offer eight hundred, i.e. (such) p. 111 a number of burnt-oblations with the Siras, i.e. (the words) "Om, ye waters, who are splendour, juice, and ambrosia," &c., which are joined to the Gâyatrî.'--Krishnapandita. The Siras, or 'head,' is again mentioned below, XXV, 13; see also Vishnu LV, 9. This and the following two rules refer to offences committed with males of equal caste.
111:9 Yâgñavalkya I, 70. Colebrooke IV, Dig. LXXVI, where a different reading, vyavâyatîrthagamanadharmebhyah; has been adopted, and the Sûtra has been combined with the neat. The first clause may also be translated, 'If she actually commits adultery, (and especially) if she converses with a Guru.'
111:10 Colebrooke loc. cit.; Manu IX, 80; Yâgñavalkya 1, 72.
112:11 Colebrooke IV, Dig. CXIII, where sûkarî, 'a sow,' is read instead of suktikâ, 'a pearl-oyster.'
112:13 Manu XI, 178. Krishnapandita states correctly that kândrayanottaram, 'succeeded by one, two, or three Kândrâyanas,' may also mean 'following one, two, or three Kândrâyanas,' and that the number of Kândrâyanas to be performed depends on the caste of the person with whom the adultery was committed. Thus a Brahmanî must perform one Krikkhra and one Kândrâyana for adultery with a Kshatriya, one Krikkhra and two Kândrâyanas for adultery with a Vaisya, and one Krikkhra and three Kândrâyanas for adultery with a Sûdra. His view that the rule refers to wives who commit the sin without intent or against their will, is open to doubt. It is probably an alternative, to be adopted in lighter cases, for the public punishment prescribed above, XXI, 1-3. Regarding the Kândrâyana, see below, XXIV, 44,
112:14 Colebrooke IV, Dig. CVIII; Manu V, 164-165.
112:15 Manu IX, 80; Yâgñavalkya I, 73.
113:16 'Vishnu LIII, 2.
113:18 Vishnu L, 16-24; Gautama XXII, 18.
113:20 Vishnu XLVI, 10.
113:21 Vishnu XLVI, 11.
113:23 The above translation follows the commentary of Krishnapandita, p. 114 who further states that the penance to be performed shall consist of a diet of barley gruel. I feel by no means certain that his interpretation, especially that of the last clause, is correct. Possibly ashtânavatim âharet may mean 'he shall offer ninety-eight oblations.'
114:24 Vishnu L, 30, 31.
114:25 Gautama XXII, 21. 'Something' means eight handfuls of grain.
114:26 Gautama XXII, 22.
114:27 Vishnu LIV, 13; Gautama XXII, 34.
114:28 Vishnu LIV, 14; Yâgñavalkya III, 283.
114:29-30. Vishnu LIV, 15.
115:31 Vishnu LIV, 17.
115:33 The penance prescribed appears to be similar to the Kândrâyana. The offender must eat one mouthful on the first lunar day, two on the second, and so forth. But it is not clear for how long a period the rule is to be observed. The Sûtra is interesting as it furnishes corroborative evidence for Pânini's statement (IV, 3, 110) that Bhikshu-sûtras which contained the, rules applicable to Bhikshus formerly existed.
115:1 XXII. As this chapter is almost identical with and probably copied from Baudhâyana III, 10, and Gautama XIX, the division of the Sûtras has not been made in accordance with Krishnapandita's commentary, but agrees with that of the chapter in Gautama's Dharmasâstra. The notes to the translation of the p. 116 latter work must be consulted for the explanation of the more difficult passages.
116:5-7. The text appears here to be corrupt. After Sûtra 5, Baudhâyana III, 10, 6 (Gautama XIX, 7), Punah stomena yageta punah savanamâyântîti vigñâyate,' It is declared in the Veda, "Let him offer a Punahstoma-sacrifice, (those who offer it) again come to partake of (the libations of) Soma,"' has been left out. This omission caused the insertion of the words tasmâkkhrutinidarsanât [darsanât, Bh. F.], ('because it is enjoined in the revealed texts,') at the end of Sutra 5. The proof that the sixth Sûtra of Baudhâyana has been accidentally omitted is furnished by the fact That several MSS. of Vasishtha read iti ka after yo ’svamedhena yagate (Vas. XXII, 6). This ka has no meaning, except if another Vedic passage preceded Sutra. 6. In order to escape this difficulty, Krishnapandita writes yo ’svamedhena yagata iti, and begins the next Sûtra with iti ka, which he explains by 'moreover.'
116:9 Krishnapandita gives before 'Vedântas' another word vedâdayah, which he explains by 'the Vedas, Smritis, and Purânas.'
117:10 Krishnapandita takes the last word dasapûrusham to mean ten ancestors and ten descendants.
117:11 'As if one were fasting,' i.e. in small quantities.--Krishnapandita.
Source: The Sacred Laws of the Âryas translated by Georg Bühler Part I: Âpastamba and Guatama (Sacred Books of the East, Volume 2.) . 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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