The Baudhayana Dharma Shastra Part II

'Whether he be punished or be pardoned, the thief is freed from his guilt. But if the king does not punish him, that guilt of the thief falls on him.'

18. If he has drunk (the spirituous liquor called) Surâ, he shall scald himself to death with hot (liquor of the) same (kind). 18

19. For unintentionally drinking (Surâ), he shall perform Krikkhra penances during three months and be initiated again, 19

20. And (on this second initiation) the cutting (of 20 the hair and nails), the vows, and (the observance of the) restrictive rules may be omitted.

21. Now they quote also (the following verses): 'A Brâhmana, Kshatriya, or Vaisya who has unintentionally drunk (the spirituous liquor called) Vârunî or has swallowed urine or faeces must be initiated a second time.' 21

22. 'But he who drinks water which has stood in a vessel, used for keeping Surâ, shall live six days on milk in which (leaves of) the Saṅkhapushpî plant have been boiled.' 22

23. If (a pupil) who is employed by his teacher (on some errand) meets with his death, (the teacher) shall perform three Krikkhra penances. 23

24. The same (penance) is prescribed for not finishing (the education of the pupil). 24

25. If a student assists at the burial of anybody except (at that of his) mother, of his father, or of his teacher, he must begin his vow afresh. 25

26. If a (student) is sick, he may, at his pleasure, eat all the fragments of his teacher's meal as medicine. 26

27. He may physic himself with any (medicine) which he may desire. 27

28. When he is unable to move, he may worship the sun, after he has risen, reciting this (Rik verse): A swan, dwelling in purity.' 28

29. When he has spent his manly strength in the day-time, let him thrice drink water that reaches his heart, reciting the verses which contain the word retas. 29

30. A student who approaches a woman (is called) an Avakîrnin, 30

31. Let him offer an ass (in the place of) a sacrificial animal.

32. The sacrificial meat-cake (purodâsa shall be offered) to Nirriti, or to the Râkshasas, or to Yama.

33. It is declared in the Veda, 'The piece to be eaten by the sacrificer (prâsitra, shall be taken) from the organ (of the animal); and the (other) portions shall be offered in water.' 33

34. 'Or he may also heap (fuel) on the fire in the night of the new moon, perform the preparatory rites required for the Darvîhoma, and offer two 34 oblations of clarified butter (reciting these two sacred texts): "O Lust, I have broken my vow; my vow have I broken, O Lust; to Lust Svâhâ;" "O Lust, I have done evil; evil have I done, O Lust; to Lust Svâhâ."'

35. 'After he has made the offering, he shall address the fire, closely joining his hands, turning sideways (with the following texts): "May the Maruts grant me, may Indra, may Brihaspati, may this fire grant me long life and strength, may it make me long-lived! "'

36. Now the relatives shall empty (the water-pot) of a (grievous offender) at a (solemn) meeting (and he shall confess), 'I N. N. am (the perpetrator of) such and such (a deed).' After (the outcast) has performed (his penance) the Brâhmanas shall ask him who has touched water, milk, clarified butter, honey, and salt, 'Hast thou performed (thy penance)?' The other (person) shall answer, 'Om' (yes)! They shall admit him who has performed (a penance) to all sacrificial rites, making no difference (between him and others). 36

37. If he unintentionally marries a female who belongs to his own family (gotra), he shall support her, (treating her) like his mother. 37

38. If (such a woman) has borne a child; he shall perform Krikkhra penances during three months and offer (two burnt oblations reciting) the two (Mantras), 'That which is the blemish of my soul' (and) 'Fire restored my sight.' 38

39. 'An elder brother whose younger brother marries first, the younger brother who marries first, the damsel wedded (by the latter), he who gives her away, and fifthly, he who sacrifices for them (at the wedding), all sink to a region of torment.' 39

40. The unmarried elder brother and the married younger brother, the giver (of the maiden) and the performer of the sacrifices become pure by undergoing a Krikkhra penance of twelve days, the female (who has been wedded to the younger brother) by (fasting during) three days.' 40

Footnotes

211:2-3. 1. Gautama XXII, 4-6; Vishnu L, I-3, 15. The expression 'staying in the forest' means that the sinner shall not stop in the village or the fields during the day-time, but live in some uncultivated tract in the neighbourhood.

211:4 Gautama XIX, 9-10. The Gosava sacrifice is an Ekâha see Kâtyâyana Srauta Sûtra XXII, 11, 3.

212:5 Gautama XXII, 9.

212:6 Manu XI, 90.

212:7 Yâgñavalkya III, 293. Regarding the penances named, see Vasishtha XXI, 20, XXIV, 1-2, XXIII, 45, and below, II, 1, 2, 38, IV, 5, 6.

212:8-10. Vasishtha XX, 31-33. The words 'shall keep the normal vow of continence' have been inserted in accordance with Govinda's explanation, which apparently is based on Gautama XXII, 14. But it is also possible that Baudhâyana, like Vishnu (L, 15) and others, may have intended murderers of Kshatriyas, Vaisyas, &c., too, to perform the penance prescribed above, Sûtra 4, only for shorter periods.

212:11 Gautama XXII, 17. Govinda is of opinion that the word ka, 'likewise,' is intended to include 'worthless' Kshatriyas and Vaisyas.

212:12 Vasishtha XX, 34-35.

213:13-15. Gautama XXIII, 8-10; Vasishtha XX, 13, 14.

213:16 Vasishtha XX, 41. 'A thief,' i.e. one who has stolen gold from a Brâhmana.

213:17 Âpastamba I, 9, 25, 4-5.

213:18 Vasishtha XX, 22. Surâ, i.e. the spirituous liquor extracted from rice, to drink which is considered a particularly heinous crime. Vasishtha XX, 19, and loc. cit.

213:19 Vasishtha XX, 19.

213:20 Vishnu LI, 5. The vows and restrictive rules, i.e. the Sâvitrya vow, begging, &c.

214:21 Vishnu LI, 2-4.

214:22 Vishnu LI, 23.

214:23 Vasishtha XXIII, 10.

214:24 'Finishing (the education of the pupil, samskritam), i.e. teaching him the rules of purification, of conduct, and so forth; failing (to do) that (is called) not finishing (the education of the pupil). For that (omission) the same (penance), i.e. three Krikkhras (are to be) performed.'--Govinda.

214:25 Vasishtha XXIII; 7-8. 'Assists at a burial (savakarma), i.e. lays out a corpse, and so forth (alamkaranâdi), or carries it out, and so forth.'--Govinda.

214:26 Vasishtha XXIII, 9, and note.

214:27 'The meaning is that he may cure himself even with such p. 215 (substances) which are forbidden even to his teacher, e.g. garlic, and so forth.' For a Smriti declares,' He shall protect himself by every means.'--Govinda.

215:28 'Unable to move,' i.e. sick. This is a penance to be performed by a sick. student when he is unable to fulfil the rules enjoining the morning and evening prayers, and the like; and it applies to other men also because there is no objection. Regarding the Mantra, see Taittirîya Samhitâ I, 8, 15, 2.

215:29 The rule refers to intercourse with a wife in the day-time; see Vishnu LIII, 4. The Retasyâs occur Taittirîya Âranyaka I, 30.

215:30 Vasishtha XXIII, 1.

215:33 Weber, Ind. Stud. X, 102; Kâtyâyana Srauta Sûtra I, 1, 15.

215:34 Taitt. Âranyaka II, r 8. The Âranyaka has, more appropriately, pranîya, 'having taken out,' before upasamâdhâya, 'may heap (fuel) upon.' The Dekhan and Gugarât MSS. insert the words 'amritam p. 216 vâ âgyam amritam evâtman dhatte,' which occur also in the Âranyaka, after the Mantra. According to Govinda parikeshtâ, 'preparatory rites,' refers to the consecration of the clarified butter, and so forth, The special rules regarding the Darvîhomas are given Kâtyâyana Srauta Sûtra VI, 10, 17 seq.

216:36 Vasishtha XV, 12-21. Govinda thinks that nirvisesham savanîyam kuryuh, 'they shall admit him to all sacrificial rites, making no difference,' may also be interpreted by 'they shall perform for him the sacraments just as for a new-born child.'

216:37 Colebrooke V, Dig. CCCXL.

217:38 The Mantras are found, Taittirîya Samhitâ III, 2, 5, 4.

217:39 Vasishtha XX, 7-8. The MSS. read parivittih parivettâ yas kainâm [nam] parivindati. But it is absolutely necessary to adopt either the various reading given Manu III, 172, yayâ ka parividyate, or to read yâ kainam parivindati.

217:40 The MSS. all read at the end of the verse, tristrirâtrena or dvistrirâtrena. The correct reading appears, however, to be strî trirâtrena; for Govinda says, yayâ saha parivettâ bhûtas [bhûttasya C. L, bhûtassâstri C. T.] tasyâs trirâtrenopavâsena suddhih, 'the purification of that female with whom he has become a parivettri takes place through three days, i.e. through fasting (three days).'

PRASNA II, ADHYÂYA 1, KANDIKÂ 2

1. Now (follow the offences) causing loss of caste (patanîya), 1

2. (Viz.) making voyages by sea, 2

3. Stealing the property of a Brâhmana or a deposit,

4. Giving false evidence regarding land,

5. Trading with merchandise of any description (whether forbidden or not),

6. Serving Sûdras,

7. Begetting a son on a female of the Sûdra caste, 7

8. And becoming thereby her son. 8

9. (For those who have) committed one of these (offences the following penance is prescribed); 9

10. 'They shall eat every fourth meal-time a little food, bathe at the time of the three libations (morning, noon, and evening), passing (the day) standing and (the night) sitting. After the lapse of three years they throw off their guilt.' 10

11. 'A Brâhmana removes the sin which he committed by serving the black race during one day and one night, if he bathes during three years at every fourth meal-time.' 11

12. Now (follow) the minor offences, entailing loss of caste (upapâtaka), 12

13. (Viz.) intercourse with females who must not be approached (agamyâ, e.g.) cohabitation with the female friend of a female Guru, with the female friend of a male Guru, with an Apapâtra woman, and a female outcast, following the profession of medicine, sacrificing for many, living by (performances on) the stage, following the profession of a teacher of dancing, singing and acting, tending cows and buffalos, and similar (low occupations, as well as) fornication. 13

14. The expiation (prescribed) for these (offences is) to live as an outcast during two years. 14

15. Now (follow the offences) which make men impure (asukikara), 15

16. (Viz.) gambling, performing incantations, subsisting by gleaning corn though one does not perform an Agnihotra, subsisting by alms after one has finished one's studentship, living, after that has been finished, longer than four months in the house of one's teacher, and teaching such a (person who has finished his studentship), gaining one's livelihood by astrology and so forth. 16

17. But the expiation of these (offences is to perform penances) during twelve months, during twelve fortnights, during twelve times ten days, during twelve se’nnights, during twelve times three days, during twelve days, during six days, during three days, during a day and a night, during one day, in proportion to the offence committed. 17

18. Now outcasts shall live together and (together) fulfil their duties, sacrificing for each other, teaching each other, and marrying amongst each other. If they have begot sons, they shall say to them, 'Depart from among us; thus you will again reach the Âryas.' 18

19. For the organs do not become impure together with the man.

20. (The truth of) that may be learned from this (parallel case); a man deficient in limbs begets a son who has the full number of limbs.

21. Hârîta declares that this is wrong.

22. For wives may be (considered) similar to the vessel which contains the curds (for the sacrifice). If one makes impure milk curdle in a milk-vessel and stirs it, the Sishtas do not use the (curds thus produced) for sacred rites.

23. In like manner no intercourse can be held with that (offspring) which is produced from impure seed.

24. If they desire it, (they may perform) a penance,

25. (Viz. in the case of males) the third part (of the penance prescribed) for crimes causing loss of caste (patanîya); for females the third part (of that). 25

26. Now they quote also (the following verse): 'If he applies sesamum to any other purpose, but food, anointing, and charitable gifts, he will be born again as a worm and, together with his ancestors, be plunged into the ordure of dogs.' 26

27. He who sells sesamum, forsooth, sells his ancestors; he who sells rice, forsooth, sells his life; he who gives away his daughter, making a bargain, forsooth, sells portions of his spiritual merit.

28. Grass and wood, in its natural state, may be sold. 28

29. Now they quote also (the following verse): 'Animals that have teeth in one jaw only, as well as minerals excepting salt, and undyed thread, these, O Brâhmana, are the goods which thou art permitted to sell.' 29

30. (If he has committed) any offence excepting a 30 mortal sin (pâtaka) he may either give to a learned Brâhmana (anûkâna) a hairy cow of brown or red-dish colour, after sprinkling her with clarified butter and scattering black sesamum seeds over her;

31. Or (he may offer burnt oblations), reciting the Kûshmândas, during twelve days, 31

32. '(Thus) he will be freed. from the guilt (of any crime that is) less (heinous) than the murder of a learned Brâhmana.'

33. If one is accused of a mortal sin (pâtaka), a Krikkhra (penance must be performed by the accused). 33

34. The accuser (shall perform) that (Krikkhra penance during) a year. 34

35. 'He who during a year associates with an outcast, becomes (likewise) an outcast; not by sacrificing for him, by teaching him or by (forming) a matrimonial (alliance with him), but by using the same carriage or seat.' 35

36. The penance for eating impure substances is to fast until the entrails are empty. That is attained in seven (days and) nights. 36

37. (Subsisting on) water, milk, clarified butter, (and) fasting,--each for three days,--(and taking the three fluids) hot, that is a Taptakrikkhra penance. 37

38. (Eating) during three days in the morning only, during the (next) three days in the evening only, (subsisting) during (another) three days (on) food given unasked, and fasting during three days, (that is) a Krikkhra penance. 38

39. (If the period of twelve days is divided into) three (periods of) four days, that is the Krikkhra penance of, women, children, and aged men. 39

40. If (observing the rule given) above one eats (at each meal) so much only as one can take at one (mouthful), that is an Atikrikkhra penance. 40

41. (If one) subsists on water only, that is a Krikkhrâtikrikkhra, the third (in the order of the Krikkhra penances). 41

42. During a Krikkhra penance (the following rules must be followed, viz.) to bathe at morn, noon, and evening, 42

43. To sleep on the ground,

44. To wear one garment only, to shave the hair of the head, of the beard, and of the body, and to clip the nails.

45. The same (rules apply) to women except (that referring to) shaving the head.

Footnotes

217:1 2. Âpastamba I, 7, 21, 7-11.

217:2 Govinda explains samudrasamyânam, 'making voyages by sea,' by 'voyaging by means of ships to another continent (dvîpa).'

218:7 The MSS. from Gugarât and the Dekhan read instead of-this and the next Sûtras, yaska sûdrâyâm abhipragâyate tadapatyam ka bhavati, 'and he who begets (offspring) on a Sûdra female, and thereby becomes her son.'

218:8 Govinda explains the Sûtra as a prohibition against allowing oneself to be adopted by a Sûdra (sûdraputrabhâvah | tavâham putro ’smîty upagîvanam).

218:9 The Dekhan and Gugarât MSS. again have a different reading, teshâm to nisveshah, 'but the atonement of these offences (is as follows).'

218:10 Âpastamba I, 9, 25, 10. All the MSS. read in the last pâda 'tribhir varshais tad apahanti pâpam.' The correct reading is that given by Âpastamba loc. cit., 'tribhir varshair apa pâpam nudante.'

218:11 Âpastamba I, 9, 27, 11. Govinda explains the Sûtra as referring to cohabitation with a female of the 'black race.' By the latter term he understands a Kândâlî, adding that others believe p. 219 a Sûdra female to be intended. It is, however, more probable that Baudhâyana took the verse to forbid twice-born men to serve Sûdras.

219:12 Âpastamba I, 7, 21, 9.

219:13 Gautama XXI, is. In explanation of the term agamyâ, a female who must not be approached,' Govinda quotes Nârada XII, 73-74, and he takes the four classes of females, who are specially mentioned, not as examples illustrating the term agamyâ, but as not included in and additional to the latter. Physicians and the other professional men enumerated are usually not mentioned among the upapâtakins, but occur in the lists of those whose gifts must not be accepted, and of those who defile the, company at a funeral dinner, eg. Vasishtha III, 3; XIV, 2, 3, 11. The expression 'sacrificing for many' (grâmayâganam) appears to be a description of the so-called 'Yagamâna Vritti, by which the modern Bhattagîs, or priests who officiate for hire, subsist. In explanation of the term nâtyâkâryatâ, 'following the profession of teaching dancing, music, and acting,' Govinda says that 'instruction in the works of Bharata, Visâkhila, and others' is intended. Baudhâyana no doubt intends to forbid the instruction of professional dancers and actors in actual works on their art, such as the nâtya-sûtras mentioned by Pânini.

219:14 'To live as an outcast, i.e. to subsist by begging.'--Govinda.

220:15 Âpastamba I, 7, 21, 12-19; I, 10, 29, 15.

220:16 Govinda is probably right in asserting that the word ka, 'and (so forth),' is intended to include other not-named offences.

220:17 Âpastamba I, 10, 29, 17-18.

220:18-23. Âpastamba I, 10, 29, 8-14.

221:25 I.e. males shall live, according to the rules given above in Sûtras 10-11, during one year, and females during four months.

221:26 Vasishtha II, 30.

221:28 Âpastamba I, 7, 21, 2.

221:29 The permission to sell 'stones' or minerals contradicts Vasishtha II, 24.

221:30 Regarding the definition of the term 'anûkâna,' see above, I, 11, 21, 13.

222:31 Regarding the efficacy of the Kûshmânda texts, see eg. Gautama XIX, 12; XXII, 36.

222:33 Vasishtha XXIII, 37-38.

222:34 Vasishtha XXIII, 39.

222:35 Vasishtha I, 22.

222:36 Âpastamba I, 9, 27, 3-4; Vasishtha XXIII, 30. I follow here the Gugarât and Dekhan MSS., which read amedhyaprâsane prâyaskittir naishpurîshyam tat saptarâtrenâvâpyate. M. and the two MSS. of the commentary give amedhyaprâsane prâyaskittam and leave the remainder out. The commentary states that the penance intended is the Taptakrikkhra, described in the next Sutra. The parallel passages of Âpastamba and others leave no doubt that the northern MSS. in this case have preserved the older form of the text.

223:37 Vasishtha XXI, 21.

223:38 Vasishtha XXI, 20. M. and the two MSS. of the commentary omit the word 'krikkhrah' at the end of the Sûtra.

223:39 Vasishtha XXIII, 43.

223:40 Vasishtha XXIV, 2.

223:41 Vasishtha XXIV, 3. Govinda gives another explanation of the word tritîyah, 'the third,' according to which it is to refer to the third tryahah, or 'period of three days.'

223:42-44. Vasishtha XXIV, 4-5.

PRASNA II, ADHYÂYA 2, KANDIKÂ 3

1. A Brâhmana who always carries water (in his pot), who always wears the sacred thread, who daily recites the Veda, who avoids the food of Sûdras, who approaches (his wife) in the proper season, and offers sacrifices in accordance with the rules (of the Veda, after death) never falls from Brahman's heaven. 1

2. The Veda (says), 'Manu divided his estate among his sons.' 2

3. (A father may, therefore, divide his property) equally among all, without (making any) difference; 3

4. Or the eldest may receive the most excellent chattel. 4

5. (For) the Veda says, 'Therefore, they distinguish the eldest by (an additional share of the) property. 5

6. Or the eldest may receive (in excess) one part out of ten; 6

7. (And) the other (sons) shall receive equal shares. 7

8. While the father lives, the division of the estate takes place (only) with the permission of the father. 8

9. The (additional) share of the eldest is, (according to the order) of the four castes, a cow, a horse, a goat, and a sheep. 9

10. If there are sons born of wives of different castes (varna), they should make ten portions of the ancestral property and take four (shares), three, two, (and) one, according to the order (of the castes). 10

11. But if a legitimate son of the body (aurasa) is born, the (other) sons of equal caste shall obtain one third share (of the estate). 11

12. If there is a son of equal caste and a son of 12 a wife of the next lower caste, the son born of the wife of the next lower caste may take the share of the eldest, provided he be endowed with good qualities.

13. (A son) who possesses good qualities becomes the protector of the rest. 13

14. One must know a son begotten by (the husband) himself on a wedded wife of equal caste (to be) a legitimate son of the body (aurasa). 14

Now they quote also (the following verse): 'From the several limbs (of my body) art thou produced, from my heart art thou born; thou art "self" called a son; mayest thou live a hundred autumns.' 15

15. The (male child) born of a daughter, after an agreement has been made, (one must know to be) the son of an appointed daughter (putrikâputra); any other (male offspring of a daughter they call) a daughter's son (dauhitra).

16. Now they quote also (the following verse): 'The son of an appointed daughter should offer the first funeral cake to his mother, the second to her father, and the third to his father's father.'

17. He who is begotten, by another man, on the wife of a deceased man, of a eunuch, or of one (incurably) diseased, after permission (has been given), is called the son begotten on a wife (kshetraga). 17

18. Such a (son begotten on a wife) has two fathers and belongs to two families; he has a right to perform the funeral oblations, and to inherit the property of (his) two (fathers). 18

19. Now they quote also (the following verse): The son of two fathers shall give the funeral cakes (to his two fathers, and pronounce) two names with each oblation, and three cakes shall serve for six persons; he who acts thus will not err.'

20. He (is called) an adopted son (datta) who, being given by his father and his mother, or by either of the two, is received in the place of a child. 20

21. He (is called) a son made (kritrima) whom (a mail) himself makes (his son), with the (adoptee's) consent (only), and who belongs to the same caste (as the adopter). 21

22. He is called a son born secretly (gûdhagga) who is secretly born in the house and whose (origin is) afterwards (only) recognised. 22

23. He is called a son cast off (apaviddha) who, being, cast off by his father and his mother, or by either (of them), is received in the place of a child. 23

24. If anybody approaches an unmarried girl without the permission (of her father or guardian), the son born by such (a woman is called) the son of an unmarried damsel (kânîna). 24

25. If one marries either knowingly or unknowingly a pregnant bride, the child which is born of her is called (a son) taken with the bride (sahodha). 25

26. He (is called a son) bought (krîta) who, being purchased from his father and his mother, or from either of them, is received in the place of a child. 26

27. He (is called the son) of a twice-married woman (paunarbhava) who is born of a re-married female, (i.e.) of one who, having left an impotent man, has taken a second husband. 27

28. He (is called) a self-given (son, svayamdatta) who, abandoned by his father and his mother, gives himself (to a stranger). 28

29. He who is begotten by (a man of) the first twice-born (caste) on a female of the Sûdra caste (is called) a Nishâda.

30. (He who was begotten by the same parents) through lust (is called) a Pârasava. Thus (the various kinds of) sons (have been enumerated). 30

31. Now they quote also (the following verses): 'They declare the legitimate son, the son of an appointed daughter, the son begotten on a wife, the adopted son and the son made, the son born secretly and the son cast off, (to be entitled) to share the inheritance.' 31

32. 'They declare the son of an unmarried damsel and the son received with the bride, the son bought, 32 likewise the son of a twice-married female, the son self-given and the Nishâda, to be members of the family.'

33. Aupagandhani (declares that) the first among them alone (is entitled to inherit, and a member of his father's family). 33

34. 'Now, O Ganaka, I jealously watch my wives, (though I did) not (do it) formerly; for they have declared in Yama's court that the son belongs to the begetter. The giver of the seed carries off the son, after death, in Yama's hall, Therefore they carefully protect their wives, fearing the seed of strangers.'

35. 'Carefully watch (the procreation of your) offspring, lest strange seed fall on your soil. After death the son belongs to the begetter; through carelessness a husband makes (the procreation of) a son useless.'

36. Let them carefully protect the shares of 36 those who are minors, as well as the increments (thereon).

37. Granting food, clothes, (and shelter), they shall support those who are incapable of transacting legal business, 37

38. (Viz.) the blind, idiots, those immersed in vice, the incurably diseased, and so forth, 38

39. Those who neglect their duties and occupations; 39

40. But not the outcast nor his offspring. 40

41. Intercourse with outcasts shall not take place.

42. But he shall support an outcast mother, without speaking to her.

43. The daughters shall obtain the ornaments of their mother, (as many as are) presented according to the custom (of the caste), or anything else (that may be given according to custom). 43

44. Women do not possess independence. 44

45. Now they quote also (the following verse): Their father protects (them) in childhood, their husband protects (them) in youth, and their sons protect (them) in old age a woman is never fit for independence.' 45

46. The Veda declares, 'Therefore women are considered to be destitute of strength and of a portion.' 46

47. Those (women) who strive (to do what is) agreeable to their husbands will gain heaven. 47

48. But for a violation (of their duty towards the husband) a Krikkhra penance (must be performed). 48

49. (For violating it) with a Sûdra (a woman) shall perform a lunar penance (kândrâyana);

50. (For violating it) against the order of the castes with a Vaisya and so forth, she shall perform a Krikkhra or an (Atikrikkhra) penance.

51. For male (offenders, i.e.) Brâhmanas and so forth, a year's chastity (is prescribed). 51

52. Let him burn a Sûdra (who commits adultery with an Âryan) in a straw-fire. 52

53. Now they quote also (the following verses):

Footnotes

224:1 3. Vasishtha VIII, 17.

224:2 Taittirîya Samhitâ III, 1, 9, 4.

224:3 Colebrooke V, Dig. XL. Govinda points out that this rule refers to sons equal by caste, origin, and virtue.

224:4 Colebrooke, loc. cit.; Vishnu XVIII, 37.

224:5 Taittirîya Samhitâ II, 5, 2, 7. See also the discussion on this text, Âpastamba II, 6, 14, 10-13.

224:6 Colebrooke, loc. cit.; Vasishtha XVII, 43.

224:7 Colebrooke, loc. cit.; Gautama XXVIII, 8.

224:8 Colebrooke V, Dig. XXII; Dâyabhâga II, 8. In C.'s Digest p. 225 the first clause is omitted and connected with the following Sûtra. Govinda agrees with Gîmûtavâhana.

225:9 Colebrooke V, Dig. XLIX. The rule is an explanation of the term varam rûpam, 'the most excellent chattel,' in Sûtra 4. The meaning probably is, as the Digest states, that among Brâhmanas it is usual to give to the eldest a bull, among Kshatriyas a horse, and so forth.

225:10 Vasishtha XVII, 48-50; Vishnu XVIII, 2-40 where the several cases that can arise have been fully worked out.

225:11 I translate according to the reading of K., M., and the two MSS. of the commentary, aurase tûtpanne savarnâs [°nas, M., K.] trittyâmsaharâh [°yâmsam haret, K.] The other MSS. omit the last two words of the Sûtra. The sense of the Sûtra seems to be, that subsidiary sons of equal caste obtain a third of the estate when a legitimate son of the body is born to their father; see also Kâtyâyana V, Dig. CCXVIII. Govinda gives the following explanation: aurasah savarnaputrâs ka vakshyante | aurasah savarnâyâm samskritâyâm svayam utpâditah [Sûtra 14] | tasminnutpanne savarnâs tritîyâmsaharâ bhaveyuh | sarvam dhanagâtam tredhâ vibhagya teshâm ekam shodasa sampâdya trîn dvâvekam iti kalpayet || 'The legitimate son and the sons of equal caste will be described (below). He is called a legitimate son who is begotten by the husband himself on a wedded wife of equal caste. When such a one is born, the (other) sons of equal caste shall obtain one third share. Dividing the whole property into three parts, and making one of them sixteen (?), he shall give three, two, one.'--Govinda.

225:12 Colebrooke V, Dig. CLVII; Dâyabhâga IX, 15.

226:13 Colebrooke, loc. cit.

226:14 Colebrooke V, Dig. CXCVI; Vasishtha XVII, 13. The verse is found in the Mahâbhârata and elsewhere.

226:15 Colebrooke V, Dig. CCXIII; Vasishtha XVII, 15-17.

226:17 Colebrooke V, Dig. CCXXXVII; Dâyabhâga II, 60; Vasishtha XVII, 14.

227:18 Colebrooke Dig., loc. cit.

227:20 Vasishtha XVII, 28.

227:21 Colebrooke V, Dig. CCLXXXIV; Gautama XXVIII, 32.

227:22 Vasishtha XVII, 24.

227:23 Vishnu XV, 24-25.

227:24 Colebrooke V, Dig. CCLXI; Vasishtha XVII, 21-23. It must be understood that the father must belong to the same caste as the girl.

228:25 Vasishtha XVII, 27.

228:26 Colebrooke V, Dig. CCLXXXI; Vasishtha XVII, 30-32.

228:27 Vasishtha XVII, 18-20.

228:28 Vasishtha XVII, 33-35.

228:30 Colebrooke V, Dig. CCXCIII. Govinda points out that the Pârasava is, according to Baudhâyana, the offspring of a Sûdrâ concubine, not of a Sûdrâ wife. But see also above, I, 9, 17, 4.

228:31 Colebrooke V, Dig. CLXXX; Vasishtha XVII, 25.

228:32 Colebrooke V, Dig. CLXXIX; Vasishtha XVII, 26.

229:33-34. Aupagandhani is one of the ancient teachers of the White Yagur-veda, mentioned in the lists incorporated in the Satapatha-brâhmana XIV, 5, 5, 21; 7, 3, 26. The legends of the White Yagur-veda frequently mention king Ganaka of Videha, and assert that that philosopher king had frequent and intimate intercourse with Yâgñavalkya and other teachers of the Veda which Âditya revealed. It seems to me, therefore, highly probable that Govinda is right in taking the vocative ganaka in Sûtra 34 as a proper name, and in asserting that the verse belongs to a conversation between Aupagandhani and Ganaka. This explanation, which possibly may be based on an ancient tradition of Baudhâyana's school, is certainly preferable to Haradatta's statement on Âpastamba II, 6, 13, 7, that these verses express the sentiments of a husband who had neglected to watch his wives, and later learned that he would not derive any spiritual benefit from their offspring. In the text of Sûtra 34 I read with the Dekhan MSS. and Âpastamba, loc. cit., îrshyâmi, instead of ishyâmi, which M. and the commentary give.

229:36 Colebrooke V, Dig. CCCCLII; Vasishtha XVI, 8, 9. 'The p. 230 increments, i.e. the proper interest. Thus the money of minors shall bear interest,'--Govinda.

230:37 Colebrooke V, Dig. CCCXXVIII; Dâyabhâga V, 12; Vyavahâramayûkha IV, 11, so; Vasishtha XVII, 52-54.

230:38 Colebrooke and Mayûkha, loc. cit. 'The expression "and so forth" includes hunchbacks and other (disabled) persons.'--Govinda. Vyasanin, 'immersed in vice,' may also mean 'afflicted by calamities,' and is perhaps intended to be taken both ways.

230:39 Colebrooke and Mayûkha, loc. cit. Akarminas, 'those who neglect their duties and occupations,' I.e. those who though able (to fulfil their duties are) indolent.--Govinda.

230:40 Colebrooke and Mayûkha, loc. cit.; Burnell, Dâyabhâga 49. 42, Gautama XXI, 15, and note.

230:43 Colebrooke V, Dig. CXXX; Vasishtha XVII, 46. 'Sâmpradâyikam (literally "customary") qualifies (the word) ornaments; sâmpradâyikam (means) what is obtained according to custom; what is given to their mother by the maternal grandfather and grandmother, that (is called) sâmpradâyikam. "Or anything else," (viz.) presented according to custom, (e.g.) a bedstead and the p. 231 like, a couch, and an outer garment, and the like. So much and nothing else shall the daughters receive.'--Govinda.

231:44 Vasishtha V, s. All the MSS. of the text read na strîsvâtantryam vidyate, while the text given by the two copies of the commentary has na strî svâtantryam vindate. Govinda asserts that the Sûtra is intended to forbid the independent action of women with respect to things inherited. The correct view probably is that with this Sûtra the topic of the duties and rights of women begins, and that the rule contains a general maxim.

231:45 Vasishtha V, 2.

231:46 Colebrooke V, Dig. CXXXI. The text is in great confusion. The Dekhan and Gugarât MSS., except K., read, na dâyam nirindriyâ hyadâyâs ka striyo matâ iti srutih; K. has, tasmât[n]nirindriyâ hy. st. m. i. sru. || tasmât striyo nirindriyâ adâyâdîr api pâpât; while M. and the I. O. copy of the commentary have, tasmânnirindriyâ adâyâs ka striyo matâ iti srutih [sûtih, M.] The Telugu copy is mutilated, and reads nâdayantiriti srutih. Though the reading of the Dekhan MSS. is supported by Mitramisra Vîramitrodaya, fol. 209, p. I, 1. 3, it is certainly not the original one, for there is no verb by which the accusative 'dâyam' is governed. Mitramisra's attempt to make it depend on 'arhati' in the verse quoted in Sûtra 45 is futile, because, according to the usage of the Sûtrakâras, a Sûtra may be completed by a verb taken frost another original aphorism of the author, but cannot be connecter with a portion of a quotation taken from some other work. This same principle, of course, applies not only to Sûtras, but to the writings of all other authors, whether Indian or European. The reading of K., M., and of the I. O. copy of the commentary is not open to the objection just mentioned, and therefore preferable. But it seems to me highly probable that, nevertheless, it is not p. 232 quite genuine; for the word 'tasmât,' with which it begins, is not required, because its sense is already expressed by the following hi,' and because the Sûtra apparently contains half an Anushtubh Sloka, which the insertion of tasmât destroys. It is also easy to see how it came to be inserted. Every Yagurvedî who read the passage would be reminded of the analogous passage of the Taittirîya Samhitâ VI, 5, 8, 2, 'tasmât striyo nirindriyâ adâyâdîr api pâpât pumsah upastitaram,' which in K. has actually been inserted after our Sûtra. In the Vedic Mantra 'tasmât' is required, and is certainly the genuine reading. Hence it seems to have been transferred into Baudhâyana's text, possibly by the mistake of some scribe who, according to the habit of his kind, took a marginal reference to the beginning of the Vedic passage for a correction of the text. In my opinion it must be thrown out. The sense of the half verse remains exactly the same. It corresponds to Manu IX, 18. According to Govindasvâmin and others its object is to show that women are incapable of inheriting, and the word dâya, 'portion,' must be taken in the sense of 'a share of the inheritance.' For a full discussion of this point, I refer to the Introductory Note on Book I, Chapter II, Sect. 14 of West and Miller's Digest of H. L. C., third edition.

232:47 Vishnu XXV, 15, 17; Vasishtha XXI, 14.

232:48-50. Vasishtha XXI, 6-13.

232:51 Govinda points out that this rule refers to adultery with women of equal caste, and thinks that the word 'chastity' indicates that Krikkhra penances are to be performed; Vasishtha XXI, 16, 17; Vishnu LIII, 2. But see Gautama XXII, 29.

233:52 Vasishtha XXI, 1, 5.

PRASNA II, ADHYÂYA 2, KANDIKÂ 4

1. 'Anybody but a Brâhmana shall suffer corporal punishment for adultery.' 1

2. 'The wives (of men) of all castes must be guarded more carefully than wealth.' 2

3. 'But corporal punishment (shall) not (be inflicted) for (adultery with) the wives of minstrels and with those who appear on the stage. For (the husbands) carry them (to other men), or, lying concealed (at home), permit them to hold culpable intercourse.' 3

4. 'Women (possess) an unrivalled means of purification; they never become (entirely) foul. For month by month their temporary uncleanness removes their sins.' 4

5. 'Soma gave them cleanliness, the Gandharva their melodious voice, and Fire purity of all (limbs); therefore women are free from stains.' 5

6. 'Let him abandon a barren (wife) in the tenth year, one who bears daughters (only) in the twelfth, one whose children (all) die in the fifteenth, but her who is quarrelsome without delay.' 6

7. A widow shall avoid during a year (the use of) honey, meat, spirituous liquor, and salt, and sleep on the ground. 7

8. Maudgalya (declares that she shall do so) during six months.

9. After (the expiration of) that (time) she may, with the permission of her Gurus, bear a son to her brother-in-law, in case she has no son. 9

10. Now they quote also (the following verse): One whose appointment can have no result, (viz.) a barren woman, one who has borne sons, one who is past child-bearing, one whose children are (all) dead, and one who is unwilling must not be appointed.' 10

11. The sister of a maternal uncle and of the father, a sister, a sister's daughter, a daughter-in-law, a maternal uncle's wife, and the wife of a 11

friend are females who must never be approached (agamyâ).

12. For intercourse with females who must not be approached (agamyâ), a Krikkhra and an Atikrikkhra (and) a Kândrâyana are the penances prescribed for all.

13. Thereby (the rule regarding) intercourse with a female of the Kandâla caste has been declared. 13

14. Now they quote also (the following verses): A Brâhmana who unintentionally approaches a female of the Kandâla caste, eats (food given by a Kandâla) or receives (presents from him), becomes an outcast; but (if he does it) intentionally, he becomes equal (to a Kandâla). 14

15. 'He who approaches his father's, his teacher's, or a king's wife, is guilty of the crime of violating a Guru's bed; the penance ordained for him has been declared above.' 15

16. (A Brâhmana) who is unable (to subsist) by teaching, sacrificing for others, or the acceptance of gifts, shall maintain himself by following the duties of Kshatriyas, because that is the next following (caste). 16

17. Gautama (declares that one shall) not (act thus). For the duties of Kshatriyas are too cruel for a Brâhmana. 17

18. Now they quote also (the following verse): 'Out of regard for the sacred law a Brâhmana and a Vaisya may take up arms for (the protection of) cows or Brâhmanas, or when a confusion of the castes (threatens to take place). 18

19. (Or) the livelihood of a Vaisya should be adopted, because that is the one following (next): 19

20. (If he lives by agriculture) he shall plough before breakfast, 20

21. With two bulls whose noses have not been pierced, not striking them with the goad, (but) frequently coaxing them.

22. The (sacred domestic) fire (shall be kindled) at the wedding; the religious ceremonies up to the Agnyâdheya (shall be) performed in that. 22

23. Now, beginning with the Agnyâdheya, follow these (rites in an) uninterrupted (series), as, for instance, the Agnyâdheya, the Agnihotra, the new and full moon sacrifices, the Âgraya.a at the winter and summer solstices, the animal sacrifice, the Kâturmâsyas at the beginning of each season, the Shaddhotri in spring, the Agnishtoma. Thus the attainment of bliss (is secured). 23

24. Now they quote also (the following verse): 'Neither he who is accustomed to sleep in the day-time, nor he who eats the food of anybody, nor he who falls from a height to which he has climbed, can reach heaven as he desires.' 24

25. Let him avoid meanness, hard-heartedness, and crookedness. 25

26. Now they quote also with reference to this (subject the following) verse in the dialogue between the daughters of Usanas and Vrishaparvan: 'Thou, forsooth, art the daughter of one who praises (others), who begs and accepts (gifts); but I am the child of one who is praised, who gives gifts and does not accept them.' 26

Footnotes

233:1 4. Âpastamba II, 10, 26, 20; 10, 27, 11. Govinda thinks that non-Brâhmanical offenders should be burned, in accordance with Vasishtha XXI, 2-3. But mutilation may also be intended. Samgrahana, 'adultery,' probably includes all those acts mentioned Manu VIII, 354-358.

233:2 Manu VIII, 359.

233:3 Manu VIII, 362. I read conjecturally, 'samsargayanti tâ hyetâ niguptâs kâlayantyapi,' basing my emendations on Manu's text. The MSS. and Govinda have, samsargayanti tâ hyetân niguptâms kâlayanty api, which gives no good sense. Govinda explains kâranadârâh, 'the wives of minstrels,' by devadâsyah, 'temple-slaves.'

233:4 Vasishtha XXVIII, 4.

233:5 Vasishtha XXVIII, 6.

234:6 Manu IX, 81.

234:7-8. Vasishtha XVII, 55. The word madya, 'spirituous liquor,' occurs in M. and the I. O. copy of the commentary. The MSS. from the Dekhan and Gugarât, including K., read maggana or maddâna, the compound letter being very indistinct.

234:9 Vasishtha XVII, 56, where the term 'Gurus' is fully explained.

234:10 Vasishtha XVII, 57-59. M. and the two copies of the commentary read pisâkotpannaputrâ ka instead of vasâ kotpannaputrâ ka, 'a barren woman and one who has borne sons.' I follow the Dekhan and Gugarât MSS., which undoubtedly give the genuine reading. Perhaps the term avasâm, Vasishtha XVII, 57, should be corrected to vasâm.

234:11-12. These two Sûtras are additions to II, 1, 2, 13. See also Nârada XII, 73-74; Vasishtha XXI, 16.

235:13 Vasishtha XXIII, 41; Vishnu LIII, 5-6.

235:14 Manu XI, 176.

235:15 Govinda thinks that the penance intended is that mentioned in Sûtra 12. Probably a severer one is meant. The verse is interesting, as it clearly is a quotation from some metrical work on law, not merely of traditional detached slokas.

235:16 Vasishtha II, 22. The Sûtra 'adhyâpanayâganapratigrahair asaktah kshatradharmena gîvet pratyanantaratvât' occurs in the two copies of the commentary only. The I. O. copy of the commentary has, however, before it the following words: [dharmya] svâdhyâyapravakane evety adhikânâm [kâram] darsayati pratigrihîtâ tâdrik pratigrahîtâram gridhnuvanti [târa ridhnu°] ritvigyagamânâ yâginau p. 236[°gane] tadasaktau kshatradharmau. M. reads, dharmanasvâdhyâyapravakana [ne] ityadhikâran darsayati pratigrahîtâdrik pratigrahîtâra ridhnuvanti ritvigyagamâna yâganau tadasaktau svâdhyâyadhyâ [°yâdhya] panayagñayâganapratigrahair asaktama [tah] kshatradharmmena gîvet. The Dekhan and Gugarât MSS. read, dhârmye svâdhyâyapravakane ityadhikâram darsayati | pratigrahe dâtâ pratigrahîtâ[ra] ridhnuvanti | ritvigyagamânâ yâgane | tadasaktau kshatradharmena gîvayet, or have corruptions of this passage. I cannot come to any other conclusion than that the passage which precedes the words translated by me are a very ancient interpolation, caused by the embodiment of a portion of an old Bhâshya with the text, and that all our MSS., however much they may differ, go back to one codex archetypus.

236:17 Gautama Introduction, p. lii.

236:18 Gautama VII, 25.

236:19 Vasishtha II, 24.

236:20-21. Vasishtha II, 32.

236:22 Vasishtha VIII, 3. The religious ceremonies to be performed with the sacred domestic fire, which, according to Baudhâyana, p. 237 should be kindled at the wedding, not on the division of the paternal estate (Gautama V, q), are the so-called Grihya ceremonies (Gautama V, 8-9).

237:23 Vasishtha XI, 46. The sacrifices enumerated in this Sûtra require three fires, and belong to the srauta or vaitânika yagñas. The Shaddhotri mentioned here seems to be the animal sacrifice mentioned in the commentary on Kâtyâyana Srauta-sûtra VI, 1, 36.

237:24 An ârûdhapatita, 'he who falls from a height to which he has climbed,' is, according to Govinda, an ascetic who slides back into civil life.

237:25 Vasishtha VI, 40; X, 30. Govinda explains sâthyam, 'hard-heartedness,' by saktau satyâm api paropakârâkaranam, 'not doing a kindness to others though one is able to do so.'

237:26 The dialogue mentioned is that between Sarmishthâ and p. 238 Devayânî, which occurs Mahâbhârata I, 78. The verse quoted is the tenth of that Adhyâya, and agrees with ours, except that sutâham is read for athâham in the beginning of the second half verse.

PRASNA II, ADHYÂYA 3, KANDIKÂ 5

1. Bathing is suitable for (the practice of) austerity.

2. The libation to the manes (is offered) after the gods have been satisfied (with water),

3. They pour out water which gives strength, from one Tîrtha after the other. 3

4. Now they quote also (the following verses): 'With flowing, unconfined water twice-born men of the three castes shall satisfy the gods, Rishis, and manes, when they have risen in the morning.'

5. 'They shall not offer (libations of water) con-fined (in tanks and wells), (If they do it), he who made the embankment; will obtain a share (of the merit of their devotion).' 5

6. 'Therefore let him avoid embankments (around tanks) and wells made by others.' 6

7. Nov they quote also (the following verse): 'Or, in times of distress--not as a rule--he may bathe in (water) confined (in tanks), after taking out three lumps (of earth); from a well (let him take three) lumps of clay and three jars of water.' 7

8. If he has accepted presents from one who is able to give presents to many, or from one whose presents ought not to be accepted, or if he has sacrificed for one for whom he ought not to have sacrificed, or if he has eaten food (given by a person) whose food must not be eaten, he shall mutter the Taratsamandîya. 8

9. Now they quote also (the following verse): Those who improperly associate with (an outcast) teacher, those who improperly associate with (outcast) pupils, and those who improperly associate (with outcasts) by (accepting their) food or by (reciting) Mantras (for them), enter into deep darkness.'

10. Now (follow) the duties of a Snâtaka. 10 

11. After offering at the morning and at the evening (meals) with (a portion of) the food which he may have, the Vaisvadeva and the Bali-offerings, he shall honour, according to his ability, Brâhmanas, Kshatriyas, Vaisyas, and Sûdras (who may come to his house as) guests. 11

12. If he cannot (afford to give food) to many, let him give (something) to one who possesses good qualities,

13. Or to him who has come first.

14, If a Sûdra (has come as) a guest, he shall order him (to do some) work, (and feed him afterwards); 14

15. Or (if he cannot spare much), he may give a first portion (agrya) to a Srotriya. 15

16. It is prescribed that the division (of the food) shall be made without detriment to (the interests of) those who daily receive a portion. 16

17. But he shall never eat without having given away (some small portion of the food).

18. Now they quote also two verses which have been proclaimed by (the goddess of) food: 'Him who, without giving me to the gods, the manes, his servants, his guests and friends, consumes what has been prepared and (thus), in his exceeding folly, swallows poison, I consume, and I am his death. But for him who, offering the Agnihotra, performing the Vaisvadeva, and honouring guests, eats, full of contentment, purity, and faith, what remains after feeding those whom he must support, I become ambrosia, and he (really) enjoys me.'

19. Presents of money must be given, according to one's ability, to good Brâhmanas, Srotriyas, and Vedapâragas, when they beg outside the Vedi, for the sake of Gurus, in order to defray (the expenses of) their marriages, or of medicine, or when they are distressed for a livelihood, or desirous to offer a sacrifice, or engaged in studying, or on a journey, or have performed a Visvagit sacrifice. 19

20. Cooked food (must be given) to other (beggars). 20

21. Let him eat (seated) in a pure, enclosed place, after having well washed his hands and feet and after having sipped water, respectfully receiving the food which is brought to him, keeping himself free from lust, anger, hatred, greed, and perplexity, (conveying the food into his mouth) with all his fingers and making no noise (during mastication). 21

Footnotes

238:3 5. As to the Tîrthas, see above, I, 5, 8, 15-16.

238:5 Manu IV, 201.

238:6 Vishnu LXIV, 1.

238:7 Vishnu LXIV, 2. I read the verse as follows: uddhritya vâpi trîn pindân kuiyâd âpatsu no sadâ | niruddhâsu ka mritpindân kûpât trîn abghatâmstatheti || The Dekhan MSS. read at the end of the second half verse, kûpâmstrînavatâmstathâ; M. has kupâtrînabapatânstathâ while C. I. gives kûpât trîn ghatâmstathâ. Nandapandita on Vishnu, loc. cit., seems to have had the latter p. 239 reading, and to have changed it to 'kûpât to trin ghatâmstathâ,' in order to save the metre. The sense remains the same.

239:8 Manu XI, 254. The text is found Rig-veda IX, 58. Govinda explains bahupratigrâhya, 'one who is able to give presents to many,' by bahubhrityabharanakshama, 'one who is able to support many servants.'

239:10 Vasishtha XII, 1.

239:11 Vasishtha XI, 3-9.

239:14 Âpastamba II, 2, 4, 19.

240:15 Vasishtha XI, 5. Govinda quotes a verse, according to which an agrya, 'first portion,' is equal to sixteen mouthfuls, each of the size of a peahen's egg.

240:16 Âpastamba II, 4, 9,10-11. 'Those who daily receive a portion' (nityabhâktika), i.e. sons, wives, and so forth.--Govinda. But see also Âpastamba, loc. cit.

240:19 Gautama V, 20-21, and notes. 'A good Brâhmana, i.e. one who follows the rule of conduct.'--Govinda.

241:20 Gautama V, 22.

241:21 Vasishtha XII, 19-20; Vishnu LXVIII, 46. 'This is the rule for him who makes an offering to Âtman (i.e. performs the Prânâgnihotra at his meal).'--Govinda. See also below, II, 7, 12.

PRASNA II, ADHYÂYA 3, KANDIKÂ 6

1. Let him not put back into the dish a remnant of food. 1

2. If he eats (food), containing meat, fish, or sesamum, he shall (afterwards) wash and touch fire, 2

3. And bathe after sunset. 3

4. Let him avoid a seat, clogs, sticks for cleaning the teeth, and other (implements) made of Palâsa wood. 4

5. Let him not eat (food placed) in his lap,

6. Nor on a chair,

7. He shall carry a staff, made of bamboo, and golden earrings.

8. Let him not rub one foot with the other while bathing, nor place the one on the other while standing, 8

9. Let him not wear a visible garland. 9

10. Let him not look at the sun when he rises or sets. 10

11. Let him not announce (the appearance of a rainbow) to another (man, saying), 'There is Indra's bow.' 11

12. If he points it out, he shall call it 'the jewelled bow.'

13. Let him not pass between the prakîlaka and the beam, at the town gate, 13

14. Nor let him pass between the two posts of a swing. 14

15. Let him not step over a rope to which a calf is tied. 15

16. Let him not step on ashes, bones, hair, chaff, potsherds, nor on a bathing-place (moist with) water. 16

17. Let him not announce it to another (man if) a cow suckles (her calf). 17

18. Let him not say of (a cow which is) not a milch-cow, 'She is not a milch-cow.' 18

19. If he speaks (of such a one), let him say, 'It is one which will become a milch-cow.'

20. Let him not make empty, ill-sounding, or harsh speeches. 20

21. Let him not go alone on a. journey, 21

22. Nor with outcasts, nor with a woman, nor with a Sûdra.

23. Let him not set out (on a journey) towards evening.

24. Let him not bathe (entirely) naked. 24

25. Let him not bathe at night.

26. Let him not cross a river swimming. 26

27. Let him not look down into a well.

28. Let him not look down into a pit.

29. Let him not sit down there, where another person may order him to rise. 29

30. Way must be made for a Brâhmana, a cow, a king, a blind man, an aged man, one who is suffering under a burden, a pregnant woman, and a weak man. 30

31. A righteous man shall seek to dwell in a village where fuel, water, fodder, sacred fuel, Kusa grass, and garlands are plentiful, access to which is 31 easy, where many rich people dwell, which abounds in industrious people, where Âryans form the majority, and which is not easily entered by robbers.

32. 'A Brâhmana who, having wedded a wife of the Sûdra caste and dwells during twelve years in a village where water (is obtainable) from wells only, becomes equal to a Sûdra.'

33. (If you say that) he who lives in a town and whose body is covered with the dust, (raised) by others, and whose eyes and mouth are filled with it, will obtain salvation, if he restrains himself, (I declare that) that is impossible. 33

34. 'The dust raised by carriages, horses, elephants, and cows, and (that which comes) from grain is pure, blamed is (that raised) by a broom, goats, sheep, donkeys, and garments.'

35. Let him honour those who are worthy of honour.

36. 'A Rishi, a learned man, a king, a bride-groom, a maternal uncle, a father-in-law, and an officiating priest are mentioned in the Smriti as worthy of the honey-mixture at certain times and occasions.' 36

37. 'A Rishi, a learned man, and a king must be 37 honoured whenever they come, a bridegroom and a priest at the beginning of the religious rites, a maternal uncle and a father-in-law when a year has elapsed since their last visit.'

38. 'Let him raise his right arm on (entering) the place where the sacred fire is kept, in the midst of a herd of cows, in the presence of Brâhmanas, at the daily recitation of the Veda, and at dinner.' 38

39. 'An upper garment must be worn on the following five occasions: during the daily study, during the evacuation (of excrements), when one bestows gifts, at dinner, and while one sips water.'

40. 'While one offers oblations in the fire, while one dines, bestows gifts, offers (food to deities or Gurus), and accepts presents, (the right hand) must be placed between the knees.'

41. 'The revealed texts declare, that the creatures depend on food, food is life; therefore gifts of food must be made. Food is the most excellent of sacrificial viands.' 41

42. 'Sin is removed by burnt offerings, burnt oblations are surpassed by (gifts of) food, and gifts of food by kind speeches. That (is declared) to us in the revealed texts.'

Footnotes

241:1 6. 'I.e. he shall take up as much food only as he can swallow at one mouthful.'--Govinda.

241:2 The Dekhan and Gugarât MSS., including K., add madhu, 'honey,' after sesamum.

241:3 This and the following six Sûtras are left out in M. and the two copies of the commentary. If they have, nevertheless, been received. into the text, the reason is that similar rules occur in all Dharmasûtras, and that Sûtra 3 begins with astamite, while astamaye occurs in Sûtra 10. It seems therefore probable that the writer of the MS. from which M. and Govinda's copies are derived, skipped over a line by mistake.

241:4-7. Vasishtha XII, 34-38.

242:8 Vishnu LXXI, 40.

242:9 Vasishtha XII, 39.

242:10 Vasishtha XII, 10.

242:11-12. Vasishtha XII, 32-33.

242:13 Govinda explains prakîlaka by 'a piece of wood fastened at the town gate.' Etymologically it would mean 'a strong bolt.' Possibly the rule may be equivalent to Âpastamba I, II, 31, 23, and mean that a Snâtaka is not to creep through the small door which is found in all Indian town gates, and left open after the gates have been shut.

242:14 Âpastamba I, 11, 31, 16.

242:15 Vasishtha XII, 9.

242:16 Gautama IX, 15; Manu IV, 132.

243:17 Vishnu LXXI, 62.

243:18-19. Gautama IX, 19.

243:20 Manu IV, 177; Vishnu LXXI, 57, 72, 74.

243:21-23. Manu IV, 140.

243:24 Gautama IX, 61.

243:26 Vasishtha XII, 45.

243:29 E.g. in the palace of a king, whence the attendants may drive him.

243:30 Vasishtha XIII, 58.

243:31 Gautama IX, 65.

244:33 Âpastamba I, 32, 21.

244:36 Vasishtha XI, 1-2. A Rishi is, according to Govinda, a man who knows not only the text of the Mantras, but also their sense. But Baudhâyana, Grihya-sûtra I, 11, 4, says that a man who knows, besides the Sâkhâ and its Aṅgas, the Kalpa also, is called Rishikalpa, i.e. one almost a Rishi. See also Âpastamba I, 2, 5, 3. A learned man (vidvas) is probably a student who has finished not only his vow, but learned the Veda, a so-called vidyâsnâtaka, Âpastamba I, 11, 30, 3. Regarding the arghya or madhuparka, the honey-mixture, see Âpastamba II, 4, 8, 7-9.

244:37 Gautama V, 27-30. I read kriyârambhe varartvigau. The p. 245 meaning is that a bridegroom is to receive the honey-mixture when he comes to his father-in-law's house for his wedding, and an officiating priest when he comes to perform a sacrifice.

245:38 Vishnu LXXI, 60. Govinda adds that the act is performed as a salutation.

245:41 See eg. Taittirîya Âranyaka VIII, 2.

PRASNA II, ADHYÂYA 4, KANDIKÂ 7

1. Now, therefore, we will declare the rule for (performing) the twilight devotions.

2. Going to a (sacred) bathing-place, he shall bathe, in case he is impure; in case he is pure, he may, optionally, omit the bath. (But in either case) he shall wash his feet and hands. Sipping water and sprinkling himself, while he recites the (Rik-verses) containing the word Surabhi, the Abliṅgas, those addressed to Varuna, the Hiranyavarnas, the Pâvamânîs, the (sacred syllables called) Vyâhritis, and other purificatory (texts), he becomes pure (and fit to perform the twilight devotions). 2

3. Now they quote also (the following verse): 'Submersion in water (and) bathing are prescribed for all the (four) castes. But sprinkling (water over the body), while Mantras (are being recited), is the particular (duty) of the twice-born.'

4. He who sprinkles himself (with water) at the beginning of any sacred rite,--before the time of the twilight devotions,--while reciting that same collection of purificatory (texts), becomes pure.

5. Now they quote also (the following rules): Seated, with his face to the west, on Darbha grass and holding Darbha blades in his (right) hand, which 5 is filled with water, he shall repeat the Sâvitrî one thousand times;

6. Or (he may recite the verse) one hundred times, suppressing his breath; 6

7. Or mentally ten times, adding the syllable Om at the beginning and at the end and the seven Vyâhritis. 7

8. And if he is tired by three suppressions of his breath (performed) with (the recitation of) the (Anuvâka called) Brahmahridaya (the heart of Brahman, then let him repeat the Sâvitrî). 8

9. In the evening he worships (the sun) with the two (verses) addressed to Varuna, 'Hear this my call, O Varuna,' and 'Therefore I go to thee.' 9

10. The same (rules apply to the twilight devotion) in the morning, (but the worshipper) shall face the east and stand upright. 10

11. In the day-time he worships (the sun) with the two (verses) addressed to Mitra, 'The glory of Mitra, who supports men,' and 'Mitra causes men to join.' 11

12. Let him begin (the twilight devotion) in the 12 morning very early, and finish it when the sun has risen.

13. Let him begin (the twilight devotion) in the evening, when (the sun) has set, (and finish it) very soon after (the appearance of the stars);

14. And the complete observance of the twilight devotions (produces as its reward) an uninterrupted succession of days and nights. 14

15. Now they quote with reference to this (subject) also the following two verses, which have been proclaimed by the Lord of created beings (Pragâpati) 'How can those twice-born men be called Brâhmanas who do not perform their twilight devotions, in the morning and in the evening at the proper time? At his pleasure a righteous king may appoint those Brâhmanas who neglect to daily perform the twilight devotions, both at morn and at eve, to do the work of Sûdras.'

16. If the time for the (twilight devotion) is allowed to pass in the evening, (the offender shall) fast during the night; and if it is neglected in the morning, he shall fast during the (next)