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family (of her husband, and not to the husband
alone).

4. That is (at present) forbidden on account of
the weakness of (men's) senses.

5. The hand (of a gentilis is considered in law to
be) that of a stranger, and so is (that of any other
person except the husband).

6. If the (marriage vow) is transgressed, both
(husband and wife) certainly go to hell.

7. The reward (in the next world) resulting from
obeying the restrictions of the law is preferable
to offspring obtained in this manner (by means of
Niyoga).

8. A man of one of the first three castes (who
commits adultery) with a woman of the .Sudra caste
shall be banished.

9. A .5udra (who commits adultery) with a
w r oman of one of the first three castes shall suffer
capital punishment.

10. And he shall emaciate a woman who has
committed adultery with a (.Sudra, by making her
undergo penances and fasts, in case she had no
child).

11. They declare, that (a Brahma#a) who has

4. ' For now-a-days the senses of men are weak, and therefore
the peculiar (law formerly) in force regarding gentiles is so no
longer, lest husbands should be set aside under the pretended
sanction of the .Sastras.' Haradatta.

9. Manu VIII, 374; Ya^. II, 286. According to Haradatta,
this refers to a -Sudra servant who seduces a woman committed to
his charge. In other cases the punishment prescribed, II, 10, 26,
10, is to take effect. The same opinion is expressed by Gautama.

n. This refers to the wife of a .Srotriya, as Haradatta states
according to Gautama. The penance is three years' chastity.






11,10,2). CIVIL AND CRIMINAL LAW. 167

once committed adultery with a married woman of
equal class, shall perform one- fourth of the penance
prescribed for an outcast

12. In like manner for every repetition (of the
crime), one-fourth of the penance (must be added).

13. (If the offence be committed) for the fourth
time, the whole (penance of twelve years must be
performed).

14. The tongue of a ^udra who speaks evil of
a virtuous person, belonging to one of the first three
castes, shall be cut out.

15. A .Sudra who assumes a position equal (to
that of a member of one of the first three castes),
in conversation, on the road, on a couch, in sitting
(and on similar occasions), shall be flogged.

16. In case (a .Sudra) commits homicide or theft,
appropriates land (or commits similar heinous crimes),
his property shall be confiscated and he himself
shall suffer capital punishment.

1 7. But if these (offences be committed) by a Brah-
mawa, he shall be made blind (by tying a cloth over
his eyes).

1 8. He shall keep in secret confinement him who
violates the rules (of his caste or order), or any
other sinner, until (he promises) amendment.

19. If he does not amend, he shall be banished.

20. A spiritual teacher, an officiating priest, a

15. In conversation, i.e. addressing Aryas familiarly, with tvam,
' thou,' &c.

17. Haradatta states expressly that the eyes of a Brahmaa
must not be put out by any sharp instrument. He should be kept
blindfold all his life.

20. ' The intercession is to take effect in this manner : that
mutilation is commuted to a fine, a fine to a flogging, a flogging
to a reprimand.' Haradatta.



l68 APASTAMBA. IT, n, 28.

Snataka, and a prince shall be able to protect (a
criminal from punishment by their intercession),
except in case of a capital offence.

PRASNA II, PAPAL A 11, KHAA T Z>A 28.

1. If a person who has taken (a lease of) land
(for cultivation) does not exert himself, and hence
(die land) bears no crop, he shall, if he is rich, be
made to pay (to the owner of the land the value of
the crop) that ought to. have grown.

2. A servant in tillage who abandons his work
shall be flogged.

3. The same (punishment shall be awarded) to a
herdsman (who leaves his work) ;

4. And the flock (entrusted) to him shall be taken
away (and be given to some other herdsman).

5. If cattle, leaving their stable, eat (the crops of
other persons, then the owner of the crops, or the
king's servants), may make them lean (by impound-
ing them) ; (but) he shall not exceed (in such
punishment).



28. i. This Sfitra shows that the system of leasing land against
a certain share of the crops, which now prevails generally in Native
States, and is not uncommon in private contracts on British terri-
tory, was in force in Apastamba's times.

2. See Colehrooke, Digest, Book III, Text Ixviii, for this Sutra
and the following two. Another commentator, quoted by Hara-
clatta ; connects this Sfttra with the preceding, and refers it 10 a
poor lessee of land, who cannot pay the value of the crop which
was lost through his negligence. A third explanation refers the
Sutra to a cultivator who neglects to till his land, (/agannatha's
authorities, the A"intamai and Ratnakara, agree with Haradatta's
first explanation.

5. Manu VIII, 240; Ya7/. II, 159-161.



IT, IT, 29. CIVIL AND CRIMINAL LAW. 169



6. If (a herdsman) who has taken cattle under
his care, allows them to perish, or loses (them by
theft, through his negligence), he shall replace them
(or pay their value) to the owners.

7. If (the king's forester) sees cattle that have
been sent into the forest through negligence (with-
out a herdsman), he shall lead them back to the
village and make them over to the owners.

8. If the same negligence (occur) again, he shall
once impound them (and afterwards give them
back).

9. (If the same fault be committed again) after
that (second time), he shall not take care (of them).

10. He who has taken unintentionally the pro-
perty of another shall be reprimanded, in case (the
property be) fuel, water, roots, fiowers, fruits, per-
fumes, fodder, or vegetables.

11. (If he takes the above-mentioned kinds of
property) intentionally, his garment shall be taken
away.

12. He who takes intentionally food when he is
in danger of his life shall not be punished.

13. If the king does not punish a punishable
offence, the guilt falls upon him.

PRASNA II, PATALA 11, KIIANDA 29.

1. He who instigates to, he who assists in, and
he who commits (an act, these three) share its
rewards in heaven and its punishments in hell.

2. He amongst these \vho contributes most to

6. Manu VIII, 232; Y%T?. II, 164.
13. Manu VIII, 18, 308; \ r agn. I, 336.



1 70 APASTAMBA, 11,11,29-

the accomplishment (of the act obtains) a greater
share of the result.

3. Both the wife and the husband have power
over (their) common property.

4. By their permission, others also may act for
their good (in this and the next world, even by
spending money).

5. Men of learning and pure descent, who are
aged, clever in reasoning, and careful in fulfilling
the duties (of their caste and order, shall be the
judges) in lawsuits.

6. In doubtful cases (they shall give their deci-
sion) after having ascertained (the truth) by infer-
ence, ordeals, and the like (means).

7. A person who is possessed of good qualities
(may be called as a witness, and) shall answer the
questions put to him according to the truth on an
auspicious day, in the morning, before a kindled fire,
standing near (a jar full of) water, in the presence of
the king, and with the consent of all (of both parties
and of the assessors), after having been exhorted (by
the judge) to be fair to both sides.

8. If (he is found out speaking) an untruth, the
king shall punish him.

29. 3, ' Though this is so, still the wife cannot spend (money)
without the permission of her husband, but the husband can do
(so without the consent of his wife). That may be known by
Sutra II, 6, 14, u, "They do not declare it to be a theft if the
wife spends money for a good reason during the absence of her
husband." ' Haradatta.

4. ' Others, i.e. the sons and the rest.' Haradatta.

5. Ya#3f.II,2.

6. ' And the like, i.e. by cross-examination, &c.' Haradatta.

7. Manu VIII, 87 seq. ; Ya^. II, 68-75.

8. Manu VIII, 119 seq.



11,11,29- CIVIL AND CRIMINAL LAW. 17!

9. Besides, in that case, after death, hell (will be
his punishment).

10. If he speaks the truth, (his reward will be)
heaven and the approbation of all created beings.

1 1 . The knowledge which ^udras and women
possess is the completion (of all study).

12. They declare, that (this knowledge) is a
supplement of the Atharva-veda.

13. It is difficult to learn the sacred law from
(the letter of) the Vedas (only) ; but by following
the indications it is easily accomplished.

14. The indications for these (doubtful cases are),
' He shall regulate his course of action according to
the conduct which is unanimously recognised in all
countries by men of the three twice-born castes, who
have been properly obedient (to their teachers),
who are aged, of subdued senses, neither given to
avarice, nor hypocrites. Acting thus he will gain
both worlds.'

15. Some declare, that the remaining duties
(which have not been taught here) must be learnt
from women and men of all castes.



9. Manu VIII, 89 seq.

10. Manu VIII, 81 seq.

11. Manu II, 223. The meaning of the Sutra is, that men
ought not to study solely or at first such .Sastras as women or
.Sudras also learn, but that at first they must study the Veda. See
Manu II, 1 68. The knowledge which women and .Sudras possess
is dancing, music, and other branches of the Artha-rastra.

14. See above, I, 7, 20, 8 and 9.



G A U T A M A,

INSTITUTES OF THE SACRED LAW.



GAUTAMA,

INSTITUTES OF THE SACRED LAW.



CHAPTER I.

1. THE Veda is the source of the sacred law,

2. And the tradition and practice of those who
knoiv the (Veda).

3. Transgression of the law and violence are ob-
served (in the case) of (those) great (men) ; but both
are without force (as precedents) on account of the
weakness of the men of later ages.

4. If (authorities) of equal force are conflicting,
(either may be followed at) pleasure.

5. The initiation of a Brahma^a (shall ordinarily
take place) in his eighth year;

A

I. 1-2. Apastamba I, i, i, 1-2.

3. Apastamba II, 6, 13, 8-10. Instances of transgressions of
the law are the adultery of Kataka and Bharadva^a, Vasish/fo's
marriage with the A1ad"ali Akshamala, Rama G'amadagnya's murder
of his mother. Haradatta explains the term ' avara,' translated by
' men of later ages/ to mean ' men like ourselves ' (asmadadi). In
his comment on the parallel passage of Apastamba he renders
it by idanintana, 'belonging to our times;' and in his notes on
Apastamba I, 2, {,, 4, he substitutes arva/'ina kaliyugavartin, ' men
of modern times living in the Kaliyuga/ The last explanation
seems to me the most accurate, if it is distinctly kept in mind that
in the times of Gautama the Kaliyuga was not a definite period
of calculated duration, but the Iron Age of sin as opposed to the
happier times when justice still dwelt on earth.



176 GAUTAMA. I, 6.



6. (It may also be performed) in the ninth or
fifth (years) for the fulfilment of (some particular)
wish.

7. The number of years (is to be calculated) from
conception.

8. That (initiation) is the second birth.

9. The (person) from whom he receives that
(sacrament is called) the A^arya (teacher).

10. And (the same title is also bestowed) in con-
sequence of the teaching of the Veda.

11. (The initiation) of a Kshatriya (shall ordi-
narily take place) in the eleventh (year after con-
ception), and that of a VaLvya in the twelfth.

12. Up to the sixteenth year the time for the
Savitri of a Brahmawa has not passed,

13. Nor (for the initiation) of a Kshatriya up to
the twentieth (year).

14. (And the limit for that) of a Vai^ya (extends)
two years beyond (the latter term).

15. The girdles (worn by students) shall be strings
of Miw^a grass, a bow-string, or a (wool) thread,
according to the order (of the castes).

1 6. (Their upper garments shall be) skins of
black-bucks, spotted deer, (or) he-goats.



6. Apastamba I, i, i, 20-21.

7. Apastamba I, i, i, 19. 8. Apastamba I, i, i, 17-18.

9. Apastamba I, i, i, 14. 10. Manu II, 140 ; Ya#;7avalkya I, 34.

n. Apastamba I, i, i, 19.

12. Apastamba I, i, i, 27. Savitri, literally the Rik sacred to
Savitr*', is here used as an equivalent for upanayana, initiation,
because one of the chief objects of the ceremony is to impart to
the neophyte the Mantra sacred to Savltr/, Rig-veda III, 62, 10.

13-14. Apastamba I, i, i, 27.

15. Apastamba I, i, 2, 33-36. 16. Apastamba I, i, 3, 3-6.



1,26. INITIATION. 177

17. Hempen or linen cloth, the (inner) bark (of
trees), and woollen blankets (may be worn as lower
garments by students) of all (castes),

1 8. And undyed cotton cloth.

19. Some (declare that it) even (may be dyed) red.

20. (In that case the garment) of a Brahmawa
(shall be dyed with a red dye) produced from a tree,

21. (And those of students) of the other two
(castes shall be) dyed with madder or turmeric.

22. The staff (carried by a student) of the Brah-
mawa (caste shall be) made of Bilva or Palate wood.

27. Staves made of A^vattha or Pllu wood (are
fit) for (students of) the remaining (two castes).

24. Or (a staff cut from a tree) that is fit to be
used at a sacrifice (may be carried by students) of all
(castes).

25. (The staves must be) unblemished, bent (at the
top) like a sacrificial post, and covered by their bark.

26. They shall reach the crown of the head, the
forehead, (or) the tip of the nose (according to the
caste of the wearer).



1 7. Haradatta explains ira, the inner bark of a tree, by ' made
of Ku-ra grass and the like.' Regarding dresses made of Kura
grass, see the Petersburg Diet. s.v. Kiua^ira. A'ira may also mean
'rags,' such as were worn by Sannyasins (see below, III, 19) and
Bauddha ascetics.

19-21. Apastamba I, i, 2, 41 I, i, 3, 2.

22. Apastamba I. i, 2, 38.

24. ' Because the term " fit to be used at a sacrifice " is em-
ployed, the Vibhitaka and the like (unclean trees) are excluded.'
Haradatta. Regarding the Vibhitaka, see Report of Tour in
Kajmir, Journal Bombay Br. Roy. As. Soc. XXXIV A, p. 8.

25. Manu II, 47. 'Unblemished means uninjured by worms
and the like/- Haradatta.

26. Manu II, 46.

[2] N



178 GAUTAMA. I, 27.

27. (It is) optional (for students) to shave (their
heads), to wear the hair tied in a braid, (or) to keep
(merely) a lock on the crown of the head tied in a
braid (shaving the other portions of the head).

28. If he becomes impure while holding things
in his hands, he shall (purify himself) by sipping
water without laying (them on the ground).



27. Apastamba I, r, 2, 31-32. The above translation follows
the reading of my MSS. mun^a^a/ilajikha^a/a v, which seems
more in accordance with the Sutra, style. It must, however, be
understood that the arrangement of the hair is not regulated by the
individual choice of the student, but by the custom of his family,
school, or country. In the commentary, as given by one of my
MSS., it is stated the custom of shaving the whole head prevailed
among the A'Aandogas. Max Mtiller, History of Ancient Sanskrit
Literature, p. 53 ; Weber, Indische Studien, X, 95.

28. The above translation agrees with Professor Stenzler's text
and Manu V, 143. But according to Haradatta the meaning of
the Sutra is not so simple. His explanation is as follows: 'If
while holding things in his hands he becomes impure, i. e. he is
defiled by urine, faeces, leavings of food, and the like (impurities)
which are causes for sipping water, then he shall sip water after
placing those things on the ground. This refers to uncooked
food, intended to be eaten. And thus Vasish/Aa (III, 4, 3, Benares
edition) declares : " If he \ho is occupied with eatables touches
any impure substance, then he shall place that thing on the ground,
sip water, and afterwards again use it." But the following text of
another Smrrii, "A substance becomes pure by being sprinkled
with water after having been placed on the ground," refers to cooked
food, such as boiled rice and the like. Or (the above Sfitra may
mean), " If he becomes impure while holding things in his hands,
then he shall sip water withont laying them on the ground." And
thus Manu (V, 143) says: '' He who carries in any manner any-
thing in his hands and is touched by an impure substance shall
cleanse himself by sipping water without laying his burden down."
This rule refers to things not destined to be eaten, such as gar-
ments. And in the (above) Sutra the words, " He who becomes
impure shall sip water," must lie taken as one sentence, and (the
whole), " If while holding things in his hands he becomes impure,



I,3i. PURIFICATION. 179

29. (As regards) the purification of things, (objects)
made of metal must be scoured, those made of clay
should be thoroughly heated by fire, those made of
wood must be planed, and (cloth) made of thread
should be washed.

30. (Objects made of) stone, jewels, shells, (or)
mother-of-pearl (must be treated) like those made of
metal.

31. (Objects made of) bone and mud (must be
treated) like wood.



he shall sip water without laying (them) down," must be taken as
a second.'

Though it may be doubted if the yogavibh&ga, or ' division of the
construction,' proposed by Haradatta, is admissible, still it seems
to me not improbable that Gautama intended his Sutra to be
taken in two different ways. For, if according to the ancient
custom it is written without an Avagraha and without separating
the words joined by Sandhi, dravyahasta u>Mish/onidha'ya-
Mmet, the latter group may either stand for uAish/o nidhSya
a^amet or for u>4ish/o anidhaya amet. As the Stitra-
karas aim before all things at brevity, the Sutra may have to be
read both ways. If that had to be done, the correct translation
would be : 'If while holding things in his hands, he becomes
impure, he shall (purify himself by) sipping water, either laying
(his burden) down (or) not laying it down, (as the case may
require.) '

29. Apastamba I, 5, 17, 10-12 ; Manu V, 115, 122.

30. Manu V, 111-112.

31. 'Bone, i. e. ivory and the like. Mud, i.e. (the mud floor
of) a house and the like. The purification of these two is the
same as that of wood, i. e. by scraping (or planing). How is
it proper that, since the author has declared (Sutra 29) that
objects made of wood shall be purified by planing, the ex-
pression "like wood" should be substituted (in this Sutra)? (The
answer is that), as the author uses the expression "like wood,"
when he ought to have said "like objects made of wood,"
he indicates thereby that the manner of purification is the same
for the material as for the object made thereof.' Haradatta. The

N 2



ISO GAUTAMA I, 32.

32. And scattering (earth taken from a pure spot
is another method of purifying denied) earth.

33. Ropes, chips (of bamboo), and leather (must
be treated) like garments.

34. Or (objects) that have been defiled very
much may be thrown away.

35. Turning his face to the east or to the north,
he shall purify himself from personal defilement.

36. Seated in a pure place, placing his right arm
between his knees, arranging his dress (or his

Sutra is, therefore, a so-called Gwapaka, intended to reveal the
existence of a general rule or paribhasha which has not been
given explicitly.

32. 'Scattering over, i. e. heaping on (earth) after bringing it
from ano.her spot is an additional method of purifying earth.
With regard to this matter VasishMa (III, 57) says: "Earth
is purified by these four (methods, viz.) by digging, burning,
scraping, being trodden on by cows, and, fifthly, by being smeared
with cowdung." ' Haradatta.

What Haradatta and probably Gautama mean, is that the mud
floors of houses, verandahs, and spots of ground selected for
sitting on, if defiled, should be scraped, and that afterwards fresh
earth should be scattered over the spot thus cleansed. See,
however, Manu V, 125, who recommends earth for the purification
of other things also. The Sutra may also be interpreted so as
to agree with his rule.

33. ' Chips (vidala), i.e. something made of chips of ratan-cane
or bamboo, or, according to others, something made of feathers.'
Haradatta.

34. ' The word " or " is used in order to exclude the alternative
(i.e. the methods of purification described above).' Haradatta.
For the explanation of the expression ' very much ' Haradatta refers
to Vasish///a III, 58, with which Manu V, 123 may be compared.

35. ' The alternative (position) depends on the pleasure of the
performer.' Haradatta.

36. My MSS. more conveniently make five Sutras of Professor
Stenzler's one Sutra. The divisions have been marked in the
translation by semicolons.

a. 'How many times? Three times or four times; the alter-



1,40. PURIFICATION. l8l

sacrificial cord) in the manner required for a sacrifice
to the gods, he shall, after washing his hands up to
the wrist, three or four times, silently, sip water that
reaches his heart ; twice wipe (his lips) ; sprinkle his
feet and (his head) ; touch the cavities in the head
(severally) with (certain fingers of his) right hand ;
(and finally) place (all the fingers) on the crown of
his head and (on the navel).

37. After sleeping, dining, and sneezing (he shall)
again (sip water though he may have done so before).

38. (Remnants of food) adhering to the teeth (do
not make the eater impure as little) as his teeth,
except if he touches them with his tongue.

39. Some (declare, that such remnants do not
defile) before they fall (from their place).

40. If they do become detached, he should know
that he is purified by merely swallowing them, as
(in the case of) saliva.

native depends upon the pleasure of the performer. Another
(commentator says): When, according to a speci.il rule of the
Vedas the sipping must be accompanied by the recitation of
sacred texts, then the act shall be repeated four times, else three
times.' Haradatta.

b. The custom of touching the lips twice is noted as the
opinion of some, by Apastamba I, 5, 16, 4.

c. ' " Sprinkle his feet and." On account of the word " and "
he shall sprinkle his head also/ Haradatta.

d. ' " Touch the cavities," &c. Here the word " and " indicates
that each organ is to be touched separately.' Haradatta. Regard-
ing the manner of touching, see Apastamba I, 5, 16, 5 and 7 note.

e. ' " (And finally) place,", -fee. Because the word " and " is used,
he shall touch the navel and the head with all the ^fingers.'
Haradatta. Regarding the whole A^amanakalpa, see Apastamba
I, 5, 1 6, i seq.

37. Manu V, 145. 38. Man a V, 141.

39. Vasish/Aa HI, 41.

40. 'As the author ought to have said, "If they become de-



l82 GADTAMA. I, 41.

41. Drops (of saliva) falling from the mouth do
not cause impurity, except if they fall on a limb of
the body.

42. Purification (from defilement) by unclean sub-
stances (has been, effected) when the stains and the
(bad) smell have been removed.

43. That (should be done) by first (using) water
and (afterwards) earth,

44. When urine, faeces, or semen fall on a (limb)
and when (a limb) is stained (by food) during meals
(water should be sipped).

45. And in case the Veda ordains (a particular
manner of purification, it must be performed accord-
ing to the precept).

46. Taking hold with (his right) hand of the left

tached, he is purified by merely swallowing them," the addition of
the words "he should know" and "as in the case of saliva" is
intended to indicate that in the case of saliva, too, he becomes
pure by swallowing it, and that purification by sipping need not be
considered necessary.' Haradatta. This Sutra consists of the
second half of a verse, quoted by Baudhayana I, 5, 8, 25, and
Vasish/Aa III, 41.

41. Apastamba I, 5, 16, 12.

42. In explanation of the term amedhya, 'unclean substances,'
Haradatta quotes Manu V, 135.

43. Manu V, 134; see also Apastamba I, 5, 16, 15.

44. Apastamba I, 5, 16, 14.

45. ' If the Veda ordains any particular manner of purification
for any particular purpose, that alone must be adopted. Thus the
sacrificial vessels called amasa, which have been stained by rem-
nants of offerings, must be washed with water on the heap of earth
called margiliya.' Haradatta.

46. This and the following rules refer chiefly to the teaching
of the Savitri, which forms part of the initiation. According to
Gobhila Gr/hya-sfttra II, 10, 38, the complete sentence addressed
to the teacher is, ' Venerable Sir, recite ! May the worshipful one
teach me the Savitri.'



STUDENTSHIP. 183



hand (of his teacher), but leaving the thumb free,
(the pupil) shall address his teacher, (saying) :
4 Venerable Sir, recite ! '

47. He shall fix his eyes and his mind on the
(teacher).

48. He shall touch with Ku^a grass the (seat of



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