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that thereby) the number (fixed above) for those
(Angas) is proved to be wrong,

13. (Then we answer), All those who are learned
in Mimawsa are agreed that (the terms Veda, Brah-
rnawa, and the like, which are applied to) the principal
(works), do not include the Aiigas (the Kalpa-sutras
and the rest).

14. If he remembers at any time during dinner,
that he has refused a guest, he shall at once leave
off eating and fast on that clay,

8. A-rvalayana Gr/hya-sutra I, 24, 5 and 6.

10. This Sutra explains the term vedadhyaya. '(a guest) who
can repeat the (whole) Veda,' which occurs above, Sutra 5.
Haradatta. See Max M tiller's History of Ancient Sanskrit Litera-
ture, p. in.

12. This Sutra and the following one are directed against those
who consider the Kalpa-sutras to be a part of the Veda, the re-
vealed texts. See also Max Miillcr's History of Ancient Sanskrit
Literature; p. 95 seq.

1 22 APASTAMBA. II, 4, 9.


1. And on the following day (he shall search for
him), feast him to his heart's content, and accompany
him (on his departure).

2. (If the guest) possesses a carriage, (he shall
accompany him) as far as that.

3. Any other (guest he must accompany), until
permission to return is given.

4. If (the guest) forgeis (to give leave to depart),
the (host) may return on reaching the boundary of
his village.

5. To all (those who come for food) at (the end
of) the Vaisvadeva he shall give a portion, even to
dogs and A r a</alas.

6. Some declare that he shall not give anything
to unworthy people (such as A*a;o&las).

7. A person who has been initiated shall not eat
the leavings of women or of an uninitiated person.

8. All gifts are to be preceded by (pouring out)

9. (But gifts offered to priests) at sacrifices (are to
be given) in the manner prescribed by the Veda.

10. The division of the food must be made in
such a manner that those who receive daily portions
(slaves) do not suffer by it.

9. i. YS^flLI, 113.

7. After a long discussion on the object of this Sutra; Haradatta
comes to the conclusion that it is given ' against the improper
custom to dine out of trie same vessel with one's wife and uninitiated
children, which prevails in some countries.'

8. ' Consequently a gift of food also.' The custom is to pour
water, usually with the spoon called Darvi (Palli), into the extended
palm of the recipient's right hand.


11. At his pleasure, he may stint himself, his wife,
or his children, but by no means a slave who does
his work.

12. And he must not stint himself so much that
he becomes unable to perform his duties.

1 3. Now they quote also (the following two
verses) :

' Eight mouthfuls are the meal of an ascetic,
sixteen that of a hermit living in the woods, thirty-
two that of a householder, and an unlimited quantity
that of a student. An Agnihotrin, a draught-ox,
and a student, those three can do their work only
if they eat ; without eating (much), they cannot
do it.'


1. The reasons for (which) begging (is permissible
are), (the desire to collect the fee for) the teacher,
(the celebration of) a wedding, (or of) a 6rauta-sacri-
fice, the desire to keep one's father and mother, and
the (impending) interruption of ceremonies performed
by a worthy man.

2. (The person asked for alms) must examine the
qualities (of the petitioner) and give according to his

3. But if persons ask for alms for the sake of
sensual gratification, that is improper ; he shall not
take heed of that.

4. The lawful occupations of a Brahmawa are,

13. Manu VI, 28; Yagn. Ill, 55.

10. i. Manu IV, 251 ; XI, i seq. ; Ya^fc I, 216. By the term
arhat, ' a worthy person,' a Brahmaa is here designated who has
studied the Veda and performs an Agnihotra.

4. Manu I, 88; X, 75; YS^ff. I, 118.

124 APASTAMBA. II, 5, 10.

studying, teaching, sacrificing for himself, officiating
as priest for others, giving alms, receiving alms, inhe-
riting, and gleaning corn in the fields ;

5. And (he may live by taking) other things which
belong to nobody.

6. (The lawful occupations) of a Kshatriya are
the same, with the exception of teaching, officiating
as priest, and receiving alms. (But) governing and
fighting must be added.

7. (The lawful occupations) of a Vawya are the
same as those of a Kshatriya, with the exception of
governing and fighting. (But in his case) agriculture,
the tending of cattle, and trade must be added.

8. He (shall) not choose (for the performance of
a 6rauta-sacrifice) a priest who is unlearned in the
Veda, nor one who haggles (about his fee).

9. (A priest) shall not officiate for a person
unlearned in the Veda.

10. In war (Kshatriyas) shall act in such a
manner as those order, who are learned in that
(art of war).

1 1. The Aryas forbid the slaughter of those who
have laid down their arms, of those who (beg for
mercy) with flying hair or joined hands, and of

12. The spiritual guide shall order those who,

5. I.e. wild roots and fruits.

6. Manu I, 89; X, 77, 79; Yagfi. I, 118, 119. .

7. Manu I, 90 ; X, 78, 79 ; Ya^. loc. cit.

11. Manu VII, 91 seq. ; \&gn. 1, 325.

12. Haradatta explains the words .Sastrair adhigatanam, 'who
whilst participating, according to the sacred law, (in the rights of
their caste,) ' by ' who have been sanctified according to the law
by the sacraments, such as the Garbhadhana, and are entitled (to
the rights and occupations of their caste).'


"(whilst) participating according to sacred law (in the
rights of their caste), have gone astray through the
weakness of their senses, to perform penances pro-
portionate to (the greatness of) their sins, according
to the precepts (of the Smr/ti).

13. If (such persons) transgress their (A^arya's)
order, he shall take them before the king.

14. The king shall (send them) to his domestic
priest, who should be learned in the law and the
science of governing.

15. He shall order (them to perform the proper
penances if they are) Brahmawas.

16. He shall reduce them (to reason) by forcible
means, excepting corporal punishment and servitude.


1. In the cases of (men of) other castes, the king,
after having examined their actions, may punish
them even by death.

2. And the king shall not punish on suspicion.

3. But having carefully investigated (the case) by
means of questions (addressed to witnesses) and
even of ordeals, the king may proceed to punish.

4. A king who acts thus, gains both (this and the
next) world.

5. The road belongs to the king except if he
meets a Brahmawa.

1 6. Probably this Sutra is meant to give a general rule, and to
exempt Brahmawas in every case from corporal punishment and
servitude, Manu VIII, 379-380.

11. 3. See also below, II, u, 29, 6.

5. Manu II, 139; Ya77. 1, 117. According to Haradatta this
Sutra is given, though the precedence among the various castes
has been already settled, in order to show that common Kshatriyas
must make way for an anointed king.



6. But if he meets a Brahma#a, the road belongs
to the latter.

7. All must make way for a (laden) vehicle, for
a person who carries a burden, for a sick man, for
a woman and others (such as old men and infants).

8. And (way must be made), by the other castes,
for those men who are superior by caste.

9. For their own welfare all men must make way
for fools, outcasts, drunkards, and madmen.

10. In successive births men of the lower castes
are. born in the next higher one, if they have fulfilled
their duties.

11. In successive births men of the higher castes
are born in the next lower one, if they neglect their

12. If he has a wife who (is willing and able) to
perform (her share of) the religious duties and who
bears sons, he shall not take a second.

13. If a wife is deficient in one of these two
(qualities), he shall take another, (but) before he
kindles the fires (of the Agnihotra).

14. For a wife who assists at the kindling of the
fires, becomes connected with those religious rites of
which that (fire-kindling) forms a part.

6. Manu II, 138 ; Ya^. 1, 117.
10. Manu X, 64, 65 ; Ysign. I, 96.

12. Manu IX, 95; Ya^?7. I, 76.

13. Manu IX, 80, 81 ; Ya^. I, 73.

14. A wife who assists at the kindling of the fires for any
sacrificial rite, becomes connected with that rite like any priest,
and in that rite no other woman can take, her place. Hence in
the case of an Agnihotra, which lasts during the performer's
lifetime, or at least as long as he is a householder, the performer
cannot take another principal wife after he "once has begun his
sacrifice. If the wife of an Agnihotrin dies, he must marry again,
and also kindle his fires afresh. Manu V, 167, 168 ; Y%#. I, 89.


15. He shall not give his daughter to a man
belonging to the same family (Gotra),

1 6. Nor to one related (within six degrees) on
the mother's or (the father's) side.

1 7. At the wedding called Brahma, he shall give
away (his daughter) for bearing children and per-
forming the rites that must be performed together
(by a husband and his wife), after having enquired
regarding (the bridegroom's) family, character,
learning, and health, and after having given (to the
bride) ornaments according to his power.

1 8. At the wedding called Arsha, the bridegroom
shall present to the father of thebride a bull and acow.

19. At the wedding called Daiva, (the father)
shall give her to an officiating priest, who is per-
forming a Srauta-sacrifice.

15. The term Gotra corresponds to the Latin Gens. It may
be of two kinds, Vaidika for Brahmaas and Laukika, ' worldly,'
for men of other castes: In the first case it denotes 'persons
descended from the same J?*shi;' in the second, 'persons dis-
tinguished by the same family name, or known to be descended
from the same ancestor.' In our days Br&hmanas also have Lau-
kika Gotras, which form subdivisions of the very large Vedic
Gotras. Regarding the Vaidika Gotras, see Max Miiller's History
of Ancient Sanskrit Literature, pp. 379-390, and particularly
p. 387. Manu III, 5; Ya#. I, 33 ; Weber, Ind. Stud. X, 75 seq.

16. The term yonisambandha, 'related (within six degrees),'
corresponds to the more common Sapiwafo of Manu, Ya^tfavalkya,
and others; see the definitions given below, II, 6, 15, 2. In
Apastamba's terminology SapiWa has probably a more restricted
sense. It seems very doubtful whether Haradatta's explanation of
a, translated by 'or,' is correct, and whether his interpolation of
'the father's' ought to be admitted. Probably Sutra 15 refers to
the father's side, and Sutra 16 to the mother's side.

17. Manu III, 27; Y%-.v. I, 58.

1 8. Manu III, 29 ; ' Yi\g-. I, 59.

19. Manu III, 28; Ya^. I, 59.



20. If a maiden and a lover unite themselves
through love, that is called the Gandharva-rite.


1. If the suitor pays money (for his bride) accord-
ing to his ability, and marries her (afterwards), that
(marriage is called) the Asura-rite.

2. If the (bridegroom and his friends) take away
(the bride), after having overcome (by force) her father
(or relations), that is called the Rakshasa-rite.

3. The first three amongst these (marriage-rites
are considered) praiseworthy ; each preceding one
better than the one following.

4. The quality of the offspring is according to the
quality of the marriage-rite.

5. He shall not step on a spot which has been
touched by the hand of a Brahma^a, without having
sprinkled it with water.

6. He- shall not pass between a fire and a

7. Nor between Brahmawas.

8. Or he may pass between them after having
received permission to do so.

.9. He shall not carry fire and water at the same

20. Manu III, 32 ; \agti. I, 61.

12. i. Manu III, 31 ; Ya7/. I, 61. It must he understood that,
at this rite, a regular sale of the bride must take place. If a suitor
merely gives presents to the bride, that is not an Asura-marriage.

2. Manu III, 33; Y%. I, 61. Haradalta points out that the
other law-books enumerate two additional marriage-rites, the Pri^a-
patya or Kaya and the Paua/fca. But Vasish//$a I, 29-35, like
Apastamba, gives six rites only.

3. Manu III, 24, 25; Y%/7. I, 58-60.

4. I. e. from praiseworthy marriages virtuous children are born,
and from blamable marriages bad ones. Maim III, 42.


10. He shall not carry fires (burning in) separate
(places) to one (spot).

11. If, whilst he walks, fire is being carried
towards him, he shall not walk around it with his
right hand turned towards it, except after it has
been placed on the ground.

12. He shall not join his hands on his back.

13. If the sun sets whilst he sleeps, he shall sit
up, fasting and silent, for that night. On the follow-
ing morning he shall bathe and then raise his voice
(in prayer).

14. If the sun rises whilst he is asleep, he shall
stand during that day fasting and silent.

1 5. Some declare that he shall restrain his breath
until he is tired.

1 6. And (he shall restrain his breath until he is
tired) if he has had a bad dream,

1 7. Or if he desires to accomplish some object,

1 8. Or if he has transgressed some other rule.

19. (If he is) doubtful (whether) the result (of an
action will be good or evil), he shall not do it.

20. (He shall follow) the same principle (if he is
in doubt whether he ought) to study or not.

21. He shall not talk of a doubtful matter as if it
were clear.

22. In the case of a person who slept at sunset, of

10. Another commentator says, 'He shall not throw (brands
taken from) one fire into another fire.' Haradatta.

1 1 . The Sutra implies that under other circumstances he must
show this respect to a fire.

13. Manu II, 220.
1 8. Manu XI, 200.

21. See above, I, n, 32, 22.

22. These sinners are enumerated in nearly the same order,

[2] K


one who slept at sunrise, of one who has black nails,
or black teeth, of one who married a younger sister
before the elder one was married, of one who mar-
ried an elder sister whose younger sister had been
married already, (of a younger brother who has
kindled the sacred Grzhya-fire before his elder bro-
ther,) of one whose younger brother has kindled the
sacred fire first, (of a younger brother who offers a
Soma*sacrifice before his elder brother,) of an elder
brother whose younger brother offered a Soma-
sacrifice first, of an elder brother who marries or
receives his portion of the inheritance after his
younger brother, and of a younger brother who
takes a wife or receives his portion of the inherit-
ance before his elder brother, penances ordained
for crimes causing impurity, a heavier one for each
succeeding case, must be performed.

23. Some declare, that after having performed
that penance, he shall remove its cause.

i. Sons begotten by a man who approaches in
the proper season a woman of equal caste, who has

Taittiriya-brahmawa III, 2, 8, n and 12, and Ap. .Srauta-sfitra IX,
j.2, 1 i. See also Manu XI, 44-49- Regarding the crimes causing
impurity, see above, I, 7, 21, 12-19.

23. 'Its cause, i.e. the black nails, &c. According to another
Smr/ti, one shall not put away a wife or extinguish a fire, for the
taking or kindling of which the penance had to be performed.'
Haradatta. But see VasishMa XX, 7 seq.

13. i. '.SsistravihM (translated by " who has been married to him
legally ") means either " married according to the rites prescribed
in the .SSstras," or " possessed of the qualities (which have been
described) by (the rule of) the .Sastras, He shall not give his
daughter to a man of the same Gotra," and in similar (passages).'
Haradatta. See also Colebrooke, Digest, Book V, Text cxcix.


not belonged to another man, and who has been
married legally, have a right to (follow) the
occupations (of their castes),

2. And to (inherit the) estate,

3. If they do not sin against either (of their

4. If a man approaches a woman who had been
married before, or was not legally married to him, or
belongs to a different caste, they both commit a sin.

5. Through their (sin) their 'son also becomes

6. A Brahmawa (says), ' The son belongs to the

7. Now they quote also (the following Gatha from
the Veda) : * (Having considered myself) formerly a
lather, I shall not now allow (any longer) my wives
(to be approached by other men), since they have
declared that a son belongs to the begetter in the
world of Yama. The giver of the seed carries off the
son after death in Yama's world; therefore they guard

3. Another (commentator) says, 'Neither of the parents shall
pass them over at (the distribution of) the heritage. Both (parents)
must leave their property to them.' Haradatia. The text of the
Sutra admits of either explanation.

6. See also Manu IX, 32 seq., where the same difference of
opinion occurs.

7. According to Haradatta this Gatha gives the sentiments of
a husband who neglected to watch his wives, and who had heard
from those learned in the law that the sons of his unfaithful wives
would in the next world belong to their natural fathers, and that
he would not derive any spiritual benefit from their oblations. He
adds that this verse does not refer to or prevent the appointment
of a eunuch's wife or of a childless widow to a relation. He also
quotes a passage from the 9rauta-s6tra I, 9, 7, in which the dvipita,
' the son of two fathers/' is mentioned. But Haradatta's view
cannot be reconciled with the statements made below, IJ, 10, 37,

K 2

132 APASTAMBA. 11,6,13.

their wives, fearing the seed of strangers. Carefully
watch over (the procreation of) your children, lest
stranger seed be sown on your soil. In the next
world the son belongs to the begetter, an (impru-
dent) husband makes the (begetting of) children
vain (for himself).'

8. Transgression of the law and violence are
found amongst the ancient (sages).

9. They committed no sin on account of the
greatness of their lustre.

10. A man of later times who seeing their (deeds)
follows them, falls.

11. The gift (or acceptance of a child) and the
right to sell (or buy) a child are not recognised.

12. It is declared in the Veda that at the time of
marriage a gift, for (the fulfilment of) his wishes,
should be made (by the bridegroom) to the father

2-7, where the Niyoga is plainly forbidden. Baudhayana, who
(II, 2, 3, 34) quotes the same Gaiha, reads in the first line the
vocative '^anaka' instead of the nominative '^anaka^,' and in
the fifth line ' pare biani ' instead of ' parabigini.' The com-
mentator Govindasvamin adds that the verses are addressed by
the JRt'shi Aupa^anghani to king kanaka of Videha. The trans-
lation of the first line must therefore run thus : ' O Ganaka, now
I am jealous of my wives, (though I was) not so formerly,' &c.
Baudhayana's readings are probably the older ones, and Govin-
dasvamin's explanation the right one. See also Colebrooke, Digest,
Book V, Text ccli.

11. Haradatta thinks that, as most other Smr/'tis enumerate the
adopted son, and ' the son bought' in their lists of substitutes for
lawful sons of the body, Apastamba's rule can refer only to the
gift or sale of an eldest son, or to the gift or sale of a child
effected by a woman. Though it is possible that he may be fight
in his interpretation, it remains a remarkable fact that Apastamba
does not mention the 'twelve kinds of sons,' which are known to
other Smrnis.

12. This Sutra seems to be directed against VasishMa I, 36.


of the bride, in order to fulfil the law. ' Therefore
he should give a hundred (cows) besides a chariot ;
that (gift) he should make bootless (by returning it
to the giver).' In reference to those (marriage-rites),
the word ' sale ' (which occurs in some Smrztis is
only used as) a metaphorical expression ; for the
union (of the husband and wife) is effected through
the law.

13. After having gladdened the eldest son by
some (choice portion of his) wealth,


1. He should, during his lifetime, divide his
wealth equally amongst his sons, excepting the
eunuch, the mad man, and the outcast.

2. On failure of sons the nearest Sapi#*/a (takes
the inheritance).

14. i. The last Sutra of Kha</a 13 and the first of KhaWa
14 are quoted by Colebrooke, Digest, Book V, Text xlii, and
Mitakshara, Chap. I, Sect, iii, Par. 6. Colebrooke translates ^ivan,
'during his lifetime/ by ' who makes a partition during his lifetime.'
I think that this is not quite correct, and that Apastamba intends
to exhort householders to make a division during their lifetime, as
later they ought to become ascetics or hermits. Haradatta intro-
duces into his commentary on this Sutra the whole chapter on the
division of a father's estate amongst his sons, supplementing
Apastamba's short rule by the texts of other lawyers. No doubt,
Apastamba means to lay down, in these and the following Sutras,
only the leading principles of the law of inheritance, and he intends
that the remaining particulars should be supplied from the law of
custom or other Smr/tis.

2. Haradatta gives in his commentary a full summary of the
rules on the succession of remoter relations. One point only
deserves special mention. He declares that it is the opinion of
\pastamba, that widows cannot inherit. In this he is probably
right, as Apastamba does not mention them, and the use of the

134 APASTAMBA. 11,6,14.

3. On faibre of them the spiritual teacher (in-
herits) ; on failure of the spiritual teacher a pupil
shall take (the deceased's wealth), and use it for
religious works for the (deceased's) benefit, or (he
himself may enjoy it) ;

4. Or the daughter (may take the inheritance).

5. On failure of all (relations) let the king take
the inheritance.

6. Some declare, that the eldest son alone inherits.

7. In some countries gold, (or) black cattle, (or)
black produce of the earth is the share of the eldest.

8. The chariot and the furniture in the house are
the father's (share).

masculine singular ' sapiWa-fc ' in the text precludes the possibility
of including them under that collective term. It seems to me
certain, that Apastamba, like Baudhayana, considered women,
especially widows, unfit to inherit.

4. 'Some -say "on failure of sons," others that the rule refers
to the preceding Sfitra (i.e. that the daughter inherits on failure
of pupils only).' Haradatta. The latter seems to be the correct

5. 'Because the word "all" is used, (the king shall take the
estate) only on failure of Bandhus and Sagotras, i.e. gentiles within
twelve degrees.' Haradatta.

6. ' The other sons shall live under his protection.' Haradatta.
Colebrooke, Mitakshara, Chap. I, Sect, hi, Par. 6.

7. ' " Black produce of the earth," i.e. black grain, or according
to others black iron.' Haradatta. Compare for this and the
following Sutras Colebrooke, Mitakshara, Chap. I, Sect, iii, Par. 6,
and Digest, Book V, Text xlviii.

8. The translation given above agrees with what I now recognise
to be Haradatta's explanation, and with Colebrooke, Mitakshara,
Chap. I, Sect, iii, Par. 6. Both the P. U. and Mr. U. MSS. of the
U^grala read ratha^ pitura/sjo gr/lie yatp*aribha#</am upakaraam
pi/Mdi tadapi, ' the chariot (is) the father's share ; the furniture
which (is) in the house, that also.' To this reading Malmdeva's
U^vala on the Hiranyakeji SCitra points likewise, which gives
pitur anta& The N. U. MS. of the U^vala, according to which


9. According to some, the share of the wife con-
sists of her ornaments, and the wealth (which she
may have received) from her relations.

10. That (preference of the eldest son) is for-
bidden by the .SSstras.

11. For it is declared in the Veda, without
(marking) a difference (in the treatment of the
sons) : Manu divided his wealth amongst his sons.

12. Now the Veda declares also in conformity
with (the rule in favour of the eldest son) alone :
They distinguish the eldest by (a larger share of)
the heritage.

I made the translation given in the Appendix to West and Biihler's
Digest (ist edition), leaves out the word a/w-saA, and therefore
makes it necessary to combine this Sutra with the preceding one,

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