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The sacred laws of the Aryas : as taught in the schools of Apastamba, Gautama, Vasishtha and Baudhayana online

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(form consisting of absolute knowledge). From him,
who divides himself, spring all (created) bodies.
He is the primary cause, he is eternal, he is

8. Haradatta explains the word vish/ap, 'heaven,' by 'pain-
freed greatness,' apparently misled by a bad etymology. The
heaven of the Atman is, of course, liberation, that state where the
individual soul becomes merged in the Brahman or Paramatman,
which is pure essence, intelligence and joy.

23. 2. This Sutra again contains a description of the Para-
matman. The translation strictly follows the commentary, though
the explanation, given in the latter, is open to objections.

APASTAMBA. I, 9. 24.

3. But the eradication of the faults is brought
about in this life by the means (called Yoga). A wise
man who has eradicated the (faults) which destroy
the creatures, obtains salvation.

4. Now we will enumerate the faults which tend
to destroy the creatures.

5. (These are) anger, exultation, grumbling, covet-
ousness, perplexity, doing injury, hypocrisy, lying,
gluttony, calumny, envy, lust, secret hatred, neglect
to keep the senses in subjection, neglect to con-
centrate the mind. The eradication of these (faults)
takes place through the means of (salvation called)

6. Freedom from anger, from exultation, from
grumbling, from covetousness, from perplexity, from
hypocrisy (and) hurtfulness ; truthfulness, moderation
in eating, silencing slander, freedom from envy, self-
denying liberality, avoiding to accept gifts, upright-
ness, affability, extinction of the passions, subjection
of the senses, peace with all created beings, con-
centration (of the mind on the contemplation of the
Atman), regulation of one's conduct according to
that of the Aryas, peacefulness and contentedness ;
these (good qualities) have been settled by the
agreement (of the wise) for all (the four) orders ; he
who, according to the precepts of the sacred law;
practises these, enters the universal soul.


i. He who has killed a Kshatriya shall give a
thousand cows (to Brahmawas) for the expiation of
his sin.

24. i. Manu XI, 1 28; Yagn. Ill, 266. Others explain the phrase
vairayatanartham, ' for the expiation of his sin/ thus : ' He, who is

1, 9, 24. PENANCE. 79

2. (He shall give) a hundred cows for a Vaiyya,

3. Ten for a *Stidra,

4. And in every one (of these cases) one bull
(must be given) in excess (of the number of cows)
for the sake of expiation.

5. And if women of the (three castes mentioned
have been slain) the same (composition must be paid).

6. He who has slain a man belonging to the two
(hrst-mentioned castes) who has studied the Veda,
or had been initiated for the performance of a Soma-
sacrifice, becomes an AbhLrasta.

7. And (he is called an Abhi.yasta) who has slain
a man belonging merely to the Br&hmawa caste
(though he has not studied the Vecla or been initi-
ated for a Soma-sacrifice),

slain by anybody, becomes, in dying, an enemy of his slayer (and
thinks), " O that I might slay him in another life," for the removal
of this enmity ! ' Haradatta. I am strongly inclined to agree with
the other commentator, and to translate vairayatanartham, ' in order
to remove the enmity.' I recognise in this fine a remnant of the
law permitting compositions for murder which was in force in
ancient Greece and among the Teutonic nations. With the expla-
nation adopted by Haradatta, it is impossible to find a reasonable
interpretation for prayaj&ttartha^, Sutra 4. Haradatta, seduced
by the parallel passage of Manu, takes it to be identical with vai-
rayatanirtham. I propose to translate our Sutra thus : ' He who
has killed a Kshatriya shall give a thousand cows (to the relations
of the murdered man) in order to remove the enmity.' According
to Baudhayana I, 10. 19. i (compare Zeitschr. d. D. Morg. Ges.,
vol. 41, pp. 672-76 ; Festgruss an Roth, pp. 44-52), the cows are
to be given to the king.

2. Manu XI, 130;. Ya^. Ill, 267.

3. Manu XI, 131; Ya^. Ill, 267.

6. Manu XI, 87. Abhi^asta means literally 'accused, accursed,'
and corresponds in Apastamba's terminology to the mahapatakin of
Manu and Ya^avalkya, instead of which latter word Manu uses it
occasionally, e.g. II, 185.

8O APASTAMBA. I, 9, 24.

8. Likewise he who has destroyed an embryo of a
(Brahmaa, even though its sex be) undistinguishable,

9. Or a woman (of the Brahma;/a caste) during
her courses.

10. (Now follows) the penance for him (who is an

11. He (himself) shall erect a hut in the forest,
restrain his speech, carry (on his stick) the skull (of
the person slain) like a flag, and cover the space
from his navel to his knees with a quarter of a piece
of hempen cloth.

12. The path for him when he goes to a village,
is the space between the tracks (of the wheels).

13. And if he sees another (Arya), he shall step
out of the road (to the distance of two yards).

14. He shall go to the village, carrying a broken
tray of metal of an inferior quality.

15. He may go to seven houses only, (crying,)
' Who will give alms to an Abhwasta ? '

1 6. That is (the way in which he must gain) his

17. If he dpes not obtain anything (at the seven
houses), he must fast.

1 8. And (whilst performing this penance) he must
tend cows.

19. When they leave and enter the village, that is
the second occasion (on which he may enter) the

9. ' Others interpret atreyi, " during. her courses," by "belonging
to the race of Atri.'" Haradntta.

ii. Others say that he may carry the skull of any corpse.
This Sutra is to be construed with Sfltra 14, Sutras 12 and 13
being inserted parenthetically. Haradatta. Manu XI, 72-78;
Y%;7. Ill, 243.

T, 9, 24. PENANCE. 8 1

20. After having performed (this penance) for
twelve years, (he must perform) the ceremony known
(by custom), through which he is re-admitted into
the society of the good.

2 1 . Or (after having performed the twelve years'
penance), he may build a hut on the path of robbers,
and live there, trying to take from them the cows of
Brahma/zas. He is free (from his sin), when thrice
he has been defeated by them, or when he has van-
quished them.

22. Or he is freed (from his sin), if (after the
twelve years' penance) he bathes (with the priests)
at the end of a horse-sacrifice.

23. This very same (penance is ordained) for him
who, when his duty and love of gain come into con-
flict, chooses the gain.

24. If he has slain a Guru or a Brahmaa, who
has studied the Veda and finished the ceremonies of
a Soma-sacrifice, he shall live according to this very
same rule until his last breath.

25. He cannot be purified in this life. But his
sin is removed (after death).

20. 'I.e. after having performed the penance, he shall take
grass and offer it to a cow. If the cow approaches and confidingly
eats, then one should know that he has performed the penance
properly, not otherwise.' Haradatta. Manu XI, 195 and 196.

21. Manu XI, 81. Thus Haradatta, better, 'when thrice he
has fought with them/ see the Pet, Diet. s. v. radh.

22. Manu XI, 83 ; Weber, Ind. Stud. X, 67.

23. 'Or the Sutra may have reference to unrighteous gain
acquired by false testimony and the like.' Haradatta.

24. ' Guru means "the father and the rest." ' Haradatta.

25. 'His sin is removed after death. Hence the meaning is
that his sons or other (relations) may perform the funeral cere-
monies and the like. But others think that the first part of the
Sutra forbids this, and that the meaning of pratyapattiA (can be

[2] G

8a APASTAMBA. i, 9, 25,


1. He who has had connection with a Guru's wife
shall cut off his organ together with the testicles,
take them into his joined hands and walk towards
the south without stopping, until he falls down

2. Or he may die embracing a heated metal
image of a woman.

3. A drinker of spirituous liquor shall drink ex-
ceedingly hot liquor so that he dies.

4. A thief shall go to the king with flying hair,
carrying a club on his shoulder, and tell him his
deed. He (the king) shall give him a blow with
that (club). If the thief dies, his sin is expiated.

5. If he is forgiven (by the king), the guilt falls
upon him who forgives him,

6. Or he may throw himself into the fire, or
perform repeatedly severe austerities,

7. Or he may kill himself by diminishing daily
his portion of food,

8. Or he may perform "Krikkkra. penances (un-
interruptedly) for one year.

purified) is " connection by being received as a son or other rela-
tion." ' Haradatta.

25. i. Haradatta's explanation of a 'Guru's wife' by 'mother'
rests on a comparison of similar passages from other Smr/tis, where
a different * penance ' is prescribed for incestuous intercourse with
other near relations, Manu XI, 105; Ya^. Ill, 259.

2. Manu XI, 104; Ya^. Ill, 259.

3. Manu XI, 91, 92 ; Ya^fl. Ill, 253.

4. I.e. who has stolen the gold of a BrShmaa. Manu VIII,
314, 316; XI, 99-101 ; Ya#. Ill, 257.

5. Manu VIII, 317. 6. Manu XI, 102.

8. According to Haradatta this Sutra refers to all kinds of sins,

1,9,25' PENANCE. 83

9. Now they quote also (the following verse) :
i.o. Those who have committed a theft (of gold),
drunk spirituous liquor, or had connection with a
Guru's wife, but not those who have slain a Brah-
mawa, shall eat every fourth meal-time a little food,
bathe at the times 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.

11. (A man of any caste) excepting the first, who
has slain a man of the first caste, shall go on a
battle-field and place himself (between the two
hostile armies). There they shall kill him (and
thereby he becomes pure).

12. Or such a sinner may tear from his body and
make the priest offer as a, burnt-offering his hair,
skin, flesh, and the rest, and then throw himself into
the fire.

13. If a crow, a chameleon, a peacock, a Brahmawl
duck, a swan, the vulture called Bhasa, a frog, an
ichneumon, a musk-rat, or a dog has been killed,
then the same penance as for a .Sttdra must be per-

and it must be understood that the l&fkkhra. penances must be
heavy for great crimes, and lighter for smaller faults; see also
below, I, 9, 27, 7 and 8.

9. Haradatta states that the verse is taken from a Purina.

11. Maim XI, 74; Y$*. Ill, 248.

12. The Mantras given in the commentary, and a parallel
passage of VasishMa XX, 25-26, show that this terrible penance
is not altogether a mere theory of Apastamba. Ya^f. Ill, 247,

13. 'According to some, the penance must be performed if all
these animals together have been slain ; according to others, if only
one of them has been killed; Haradatta, Manu XI, 132, 136;

w. Ill, 270-272.

G 2

84 APASTAMIJA. I, 9, 26.


1. (The same penance must be performed), if a
milch-cow or a full-grown ox (has been slain), without
a reason.

2. And for other animals (which have no bones),
if an ox-load of them has been killed.

3. He who abuses a person who (on account of
his venerability) ought not to be abused, or speaks
an untruth (regarding any small matter) must ab-
stain for three days from milk, pungent condiments,
and salt.

4. (If the same sins have been committed) by a
^Sudra, he must fast for seven days.

5. And the same (penances must also be per-
formed) by women, (but not those which follow).

6. He who cuts off a limb of a person for whose
murder he would become an Abhi.sasta (must per-
form the penance prescribed for killing a -Stidra),
if the life (of the person injured) has not been

2G. i. 'A reason ' for hurting a cow is, according to Haradatta,
anger, or the desire to obtain meat.

2. Manu XI, 141; Ya^. Ill, 269. That 'animals without
bones/ i.e. insects or mollusks, are intended in the Sutra is an
inference, drawn by Haradatta from the parallel passages of Gau-
tama, Manu, and Ya^vSavalkya.

3. ' A person who ought not to be abused, i. e. a father, a teacher,
and the like.' Haradatta.

5. The same penances, i. e. those prescribed I, 9, 24-!, 9, 26, 4.
According to Haradatta this Sutra is intended to teach that women
shall not perform the penances which follow. Others, however,
are of opinion that it is given in order to indicate that the pre-
ceding Sutras apply to women by an. atide-ra, and that, according
to a Smarta principle, applicable to such cases, it may be inferred,
that women are to perform one-half only of the penances pre-
scribed for men.

I, 9, 26. PENANCE. 85

7. He who has been guilty of conduct unworthy
of an Aryan, of calumniating others, of actions con-
trary to the rule of conduct, of eating or drinking
things forbidden, of connection with a woman of the
.Sudra caste, of an unnatural crime, of performing
magic rites with intent (to harm his enemies) or
(of hurting others) unintentionally, shall bathe and
sprinkle himself with water, reciting the (seven)
verses addressed to the Waters, or the verses
addressed to Varuwa, or (other verses chosen from
the Anuvika, called) Pavitra, in proportion to the
frequency with which the crime has been com-

8. A (student) who has broken the vow of chas-
tity, shall offer to Nirrzti an ass, according to the
manner of the Pakaya^wa-rites.

9. A .Sudra shall eat (the remainder) of that

10. (Now follows) the penance for him who trans-
gresses the rules of studentship.

11. He shall for a year serve his teacher silently,
emitting speech only during the daily study (of the
Veda, in announcing necessary business to) his
teacher or his teachers wife, and whilst collecting

1 2. The following (penances) which we are going
to proclaim, may be performed for the same sin, and

7. The Anuvaka intended is Taitt. Sa;h. II, 5, 12.

8. Taitt. Ar. II, 18, and Weber, Ind. Stud. X, 102; Manu XI,
119 seq. ; and Ya^/7. Ill, 280. Regarding the Pakaya^-a-rites,
see Asv, Gri. Su. I, i, 2, and Max Muller's History of Ancient
Sanskrit Literature, p. 203.

12. Regarding the Pataniya-crimes which cause loss of caste,
see above, I, 7, 2 r, 7 seq.

86 APASTAMPA. I, 9, 27.

also for other sinful acts, which do not cause loss of

13. He may either offer oblations to Kama and
Manyu (with the following two Mantras), ' Kama
(passion) has done it ; Manyu (anger) has done it.'
Or he may mutter (these Mantras).

14. Or, after having eaten sesamum or fasted on
the days of the full and new moon he may, on the
following day bathe, and stopping his breath, repeat
the Gayatri one thousand times, or he may do so
without stopping his breath.


1. After having eaten sesamum or having fasted
on the full moon day of the month Sr&vans, (July-
August), he may on the following day bathe in the
water of a great river and offer (a burnt-oblation of)
one thousand pieces of sacred fuel, whilst reciting
the Gayatri, or he may mutter (the Gayatri) as many

2. Or he may perform Ish/fis and Soma-sacrifices
for the sake of purifying himself (from his sins).

3. After having eaten forbidden food, he must
fast, until his entrails are empty.

4. That is (generally) attained after seven days.

5. Or he may during winter and during the dewy

13. Weber, Ind. Stud. X, 102. According to the greatness of
the crime the number of the burnt- oblations must be increased and
the prayers be repeated.

27. i. 'The oblations of sacred fuel (samidh) are not to be
accompanied by the exclamation Svaha." Haradatta.

2. Ish/is are the simplest forms of the .Srauta-sacrifices, i.e. of
those for which three fires are necessary.

3. For some particular kinds of forbidden food the same penance
is prescribed, Manu XI, 153-154.

I, 9, 27. PENANCE. 87

season (November-March) bathe in cold water both
morning and evening.

6. Or he may perform a Kr*ra penance, which
lasts twelve days.

7. The rule for the Kft4&a penance of twelve
days (is the following) : For three days he must not
eat in the evening, and then for three days not in the
morning ; for three days he must live on food which
has been given unasked, and three days he must not
eat anything.

8. If he repeats this for a year, that is called a
Ttirikkhra. penance, which lasts for a year.

9. Now follows another penance. He who has
committed even a great many sins which do not
cause him to fall, becomes free from guilt, if, fasting,
he recites the entire .Sakha of his Veda three times

10. He who cohabits with a non- Aryan woman,
he who lends money at interest, he who drinks
(other) spirituous liquors (than Sura), he who praises
everybody in a manner unworthy of a Brahmawa,
shall sit on grass, allowing his back to be scorched
(by the sun).

11. A Brahmawa removes the sin which he com-
mitted by serving one day and night (a man of) the
black race, if he bathes for three years, eating at
every fourth meal-time.

The same penance is described, under the name Pra^apatya
, the l&rikkhia, invented by Pra^apati, Manu XI, 212, and
w. Ill, 320.
9. Manu XI, 259.

ii. The expression kr/sha vara, 'the black race/ is truly
Vedic. In the ^?/g-veda it usually denotes the aboriginal races,
and sometimes the demons. Others explain the Sutra thus:

APASTAMBA. 1, 10, 28.


1. He who, under any conditions whatsoever,
covets (and takes) another man's possessions is a
thief; thus (teach) Kautsa and Harita as well as
Kawva and Pushkarasadi.

2. Varshyaya/zi declares, that there are exceptions
to this law, in regard to some possessions.

3. (E.g.) seeds ripening in the pod, food for a
draught-ox ; (if these are taken), the owners (ought)
not (to) forbid it.

4. To take even these things in too great a quan-
tity is sinful.

5. Harita declares, that in every case the per-
mission (of the owner must be obtained) first.

6. He shall not go to visit a fallen teacher or
blood relation.

7. Nor shall he accept the (means for procuring)
enjoyments from such a person.

8. If he meets them accidentally he shall silently
embrace (their feet) and pass on.

9. A mother does very many acts for her son,
therefore he must constantly serve her, though she
be fallen.

10. But (there shall be) no communion (with a
fallen mother) in acts performed for the acquisition
of spiritual merit.

A Brahmaa removes the sin, which he committed by cohabiting
for one night with a female of the -Stldra caste, &c. Haradatta.
The latter explanation has been adopted by Kulluka on Manu
XI, 179. ^

28. 3. The same rule Manu emphatically ascribes to himself,
Manu Vin, 339. But see also VIII, 331.

7. Haradatta remarks, that this Sutra implicitly forbids to accept
the heritage of an outcast.

I, io, 28. PENANCE.

1 1. Enjoyments taken unrighteously he shall give
up ; he shall say, ' I and sin (do not dwell together).'
Clothing himself with a garment reaching from the
navel down to the knee, bathing daily, morn, noon,
and evening, eating food which contains neither milk
nor pungent condiments, nor salt, he shall not enter a
house for twelve years.

12. After that he (may be) purified.

13. Then he may have intercourse with Aryans.

14. This penance may also be employed in the
case of the other crimes which cause loss of caste
(for which no penance has been ordained above).

15. But the violator of a Guru's bed shall enter a
hollow iron image and, having caused a fire to be lit
on both sides, he shall burn himself.

1 6. According to Harita, this (last-mentioned
penance must) not (be performed).

17. For he who takes his own or another's life
becomes an Abhi-sasta.

1 8. He (the violator of a Guru's bed) shall per-
form to his last breath (the penance) prescribed by
that rule (Sutra n). He cannot be purified in
this world. But (after death) his sin is taken

19. He who has unjustly forsaken his wife shall
put on an ass's skin, with the hair turned outside,
and beg in seven houses, saying, ' Give alms to him
who forsook his wife.' That shall be his livelihood
for six months.

20. But if a wife forsakes her husband, she shall

ii. A similar but easier penance is prescribed, Manu XI, 194.

15. ' (This penance, which had been prescribed above, I, 9, 25, r),
is enjoined (once more), in order to show that it is not optional
(as might be expected according to Sfttfa 1 4).' Haradatta.

9<3 APASTAMBA. I, 10, 29.

perform the twelve-night Kri&faa penance for as
long a time.

21. He who has killed a Bhru#a (a man learned
in the Vedas and Vedangas and skilled in the
performance of the rites) shall put on the skin of a
dog or of an ass, with the hair turned outside, and
take a human skull for his drinking-vessel,


1. And he shall take the foot of a bed instead of
a staff and, proclaiming the name of his deed, he
shall go about (saying), 'Who (gives) alms to the
murderer of a Bhru^a ? ' Obtaining thus his liveli-


hood in the village, he shall dwell in an empty house
or under a tree, (knowing that) he is not allowed to
have intercourse with Aryans. According to this
rule he shall act until his last breath. He cannot
be purified in this world. But (after death) his sin
is taken away.

2. He even who slays unintentionally, reaps never-
theless the result of his sin.

3. (His guilt is) greater, (if he slays) intentionally.

4. The same (principle applies) also to other sin-
ful actions,

5. And also to good works.

6. A Brahmawa shall not take a weapon into his
hand, though he be only desirous of examining it.

7. In a Purawa (it has been declared), that he who

29. 5. Haradatta gives, as an example, the case where a war-
rior saves the property of a traveller from thieves. If the traveller
turns out to be a Brahmana, and the warrior did not know his
caste before rescuing his property, his merit will be less than if he
had rescued knowingly the property of a Brahmarca.

I, 10, 29. PENANCE. 91

slays an assailant does not sin, for (in that case)
wrath meets wrath.

8. But AbhLyastas shall live together in dwellings
(outside the village) ; considering this their lawful
(mode of life), they shall sacrifice for each other,
teach each other, and marry amongst each other.

9. If they have begot sons, let them say to them :
' Go out from amongst us, for thus the Aryas, (throw-
ing the guilt) upon us, will receive you (amongst
their number).

i o. For the organs do not become impure together
with the man.

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

12. Harita declares that this is wrong.

1 3. A wife is similar to the vessel which contains
the curds (for the sacrifice).

14. For if one makes impure milk curdle (by
mixing it with whey and water) in a milk-vessel and
stirs it, no sacrificial rite can be performed with (the
curds produced from) that. Just so no intercourse

9. It is impossible to agree with Haradatta's explanation of the
words to be addressed by Abhirastas to their children. No Vedic
license can excuse the use of the second person plural instead of
the third. I propose the following : ' Go out from among us ; for
thus (leaving the guilt) to us, you will be received (as) Aryas.' It
Is, however, not improbable that our text is disfigured by several
very old corruptions, compare Baudhayana II, i, 2, 18.

ii. 'In like manner a man who has lost his rights, (can) beget
a son, who possesses the rights (of his caste). For the wife is also
a cause (of the birth of the son), and she is guiltless.' Haradatta.

13. The statements now following are those with which Apa-
stamba agrees. Those contained in Sutras 8-n are merely the

92 APASTAMBA. I, ir, 30.

can be allowed with the impure seed which comes
(from an Abhisasta).

15. Sorcery and curses (employed against a Brah-
maa) cause a man to become impure, but not loss
of caste.

1 6. Hirita declares that they cause loss of caste.

17. But crimes causing impurity must be ex-
piated, (when no particular penance is prescribed,)
by performing the penance enjoined for crimes caus-
ing loss of caste during twelve months, or twelve
half months, or twelve twelve-nights, or twelve
se'nnights, or twelve times three days, or twelve
days, or seven days, or three days, or one day.

1 8. Thus acts causing impurity must be expiated
according to the manner in which the (sinful) act
has been committed (whether intentionally or un-


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