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51. Apastamba I, IT, 32, 28; II, 8, 20, 16.

52. Apastamba I, n, 31, 13. Harudatu remarks that the word
'calf is used to designate any animal of the bovine species.

56. Manu IV, 63. 57. Apastamba I, 5, 16, 32.

58. Apastamba II, 8, 18, i ; II, 8, 20, 10. Haradalta adds that
this rule has been inserted here instead of in the chapter on for-
bidden Ibod in order to indicate that its breach must be expiated
by the penance prescribed for a breach of the Snataka's vow,
not by that prescribed for eating forbidden food.



IX, 66. THE DUTIES OF A SNATAKA. 225

59. But he shall take his meals in the morning
and in the evening, blessing his food, not grumbling
at it.

60. He shall never sleep naked at night ;

61. Nor shall he bathe (naked);

62. And he shall perform whatever (else) aged
(Brahmawas), of subdued senses, who have been pro-
perly obedient (to their teachers), who are free from
deceit, covetousness, and error, and who know the
Vedas, declare (to be right).

63. In order to acquire wealth and for the sake
of security he may go to a ruling (king),

64. (But) to no other (being) except the gods, his
Gurus, and righteous (Brahma^as).

65. He shall seek to dwell in a place where fire-
wood, water, fodder, Kum grass, (materials for
making) garlands and roads exist in abundance,
which is chiefly inhabited by Aryans, which is rich
in industrious (men), and which is governed by a
righteous (ruler).

66. He shall pass excellent (beings and things),



A.

59. Apastamba II, i, i, 2 ; II, 2, 3, n.

60. Manu IV, 75. 61. Manu IV, 6 1.

62. Apastamba I, n, 32, 29; I, 7, 20, 8. Haradatta adds that
the plural is used in the above Sutra in order to indicate that many
Brahmawas must be unanimous regarding the practices to be
followed.

63. Manu IV, 33; X, 113. 'For the sake of these objects
he may go to a ruler, i.e. a king, without cringing, because the
preposition adhi is used (in the text, and) adhi denotes mastership
(Pawini I, 4, 97). The meaning that he shall go (as becomes)
an independent man.' Haradatta.

65. Apastamba I, 5, 15, 22; I, n, 32, 18. Aryans, i.e. Brah-
maas, Kshatriyas, and Vaijyas.

66. Manu IV, 39. 'A cow, a Brahmaa, a well-known tree,
F2]



226 GAUTAMA. IX. 67.



auspicious (objects), temples of the gods, cross-
roads, and the like with his right turned towards
them.

67. The rule for times of distress (is, that) he
shall mentally perform all (that is required by the
rule of) conduct

68. He shall always speak the truth.

69. He shall conduct himself (as becomes) an
Aryan.

70. He shall instruct virtuous (men only).

71. He shall follow the rules of purification
taught (in the 6astras).

72. He shall take pleasure in the (study of the)
Veda.

73. He shall never hurt (any being), he shall
be gentle, (yet) firm, ever restrain his senses, and be
liberal.

74., A Snataka who conducts himself in this
manner will liberate his parents, his ancestors, and
descendants from evil, and never fall from Brah-
man's heaven.



and the like are called ^excellent (beings or things). An auspicious
(object), i.e. a filled jar and the like.' Haradatta.

67. Haradatta observes that this rule refers to cases where,
being in a hurry, one cannot show one's reverence in the manner
described in the preceding Sutra.

68. Manu IV, 138, 175, 236.

70. Manu IV, 80-8 1.

71. Purification is here again mentioned in order (to indicate
that Snataka must pay) particular attention to it.

72. Manu IV, 147-149. 73. Manu IV, 2, 238, 246.
74. Manu II, 260.



X, 4- LAWFUL OCCUPATIONS AND LIVELIHOOD. 227

CHAPTER X.

1. (The lawful occupations common) to (all)
twice-born men are studying the (Veda), offering
sacrifices (for their own sake), and giving (alms).

2. Teaching, performing sacrifices for others, and
receiving alms (are) the additional (occupations) of a
Brdhma^a.

3. But the former (three) are obligatory (on him).

4. Instruction in the Veda (may be given) with-
out the above-mentioned (vows and ceremonies) in
case a teacher, blood relations, friends or Gurus
(receive it), and in case (the Veda) is exchanged for
money or learning.



X. i. Twice-born men, i. e. Brahmawas, Kshatriyas, and Vai-yyas.
Haradatta says that some believe the term ' twice-born ' to have
been used in order to indicate that the three occupations may be
lawfully followed after the second birth, i.e. the initiation only.
But he declares that alms may be given even by an uninitiated
Aryan, while studying the Veda and sacrificing are specially for-
bidden to him.

2. Apastamba II, 5, 10, 4.

3. Manu X, 76. The former, i.e. the three beginning with
studying (Sutra i), must necessarily be followed. If he neglects
them, he commits sin; if he follows them, he will be exalted.
But the other occupations, teaching, &c., shall be followed if
there is occasion for them. No sin is committed by neglecting
them, nor any greatness gained by following them. They are
merely means of livelihood.' Haradatta.

4. Apastamba I, 4, 13, 1518. The expression 'above-men-
tioned ' refers to the whole of the rules regarding a pupil's conduct
given above, I, 52 II, 51. It is difficult to understand what is
intended by ' the exchange of the Veda for wealth or money,' if
it is not the bhrz'takadhyapana or teaching for money which Manu
III, 156 blames so severely. It seems to me unlikely that Gau-
tama means simply to sanction this practice. It is more probable
that his rule refers to the case of Brahma\s in distress, who
avail themselves of the permission given above, VII, 4.

Q 2



228 GAUTAMA. X, 5.

5. Agriculture and trade (are) also (lawful for
a Brahmawa) provided he does not do the work
himself,

6. Likewise lending money at interest.

7. To protect all created beings is the additional
(occupation) of a king,

8. And to inflict lawful punishments.

9. He shall support (those) Srotriyas, (who are)
Brahmawas,

10. And people unable to work, (even if they are)
not Brahmawas,

1 1 . And those who are free from taxes,

1 2. And (needy) temporary students.

13. And (to take) measures for ensuring victory
(is another duty of a king),

14. Especially when danger (from foes threatens
the kingdom) ;

5-6. These rules which allow Brahmaas to be gentlemen
farmers and sleeping partners in mercantile or banking firms,
managed by Vaijyas, do not occur in other Smr/tis. But they
agree with the practice followed at present in many parts of India,
and the praise bestowed in Vedic works on those who present land
to Brdhmawas as well as the numerous ancient land grants show
that from early times many Brahmawas were holders of land, which,
as a rule, was cultivated by 6"udras.

7-8. Apastamba II, 5, 10, 6; Manu VII, 27.

9. Apastamba II, 10, 25. n ; Manu VII, 135.

11. Haradatta takes this Sutra differently. He says: 'The
immunity from taxes which has been granted to Brahmawas and
others by former kings he shall maintain in the same manner
as formerly.' But I think that ' akara ' must be taken as a Bahu-
vrihi compound, and is used to designate widows, orphans,
ascetics, &c. ; see Apastamba II, 10, 26, 10-17.

12. Haradatta observes that others explain upakurvawa, 'tem-
porary students/ opposed to naishMika, ' permanent students/ to
mean ' men who benefit the people/ i. e. physicians and the like.

13. Manu VII, 103-110, 160-200; X, 119.



X, 24. LAWFUL OCCUPATIONS AND LIVELIHOOD. 22Q

1 5. And (to learn) the management of chariots and
the use of the bow (is a further duty of the king),

1 6. As well as to stand firm in battle and not to
turn back.

1 7. No sin (is committed) by injuring or slaying
(foes) in battle,

1 8. Excepting those who have lost their horses,
charioteers, or arms, those who join their hands (in
supplication), those who flee with flying hair, those
who sit down with averted faces, those who have
climbed (in flight) on eminences or trees, messen-
gers, and those who declare themselves to be cows
or Brahmawas.

19. If another Kshatriya is supported by (the
king), he shall follow the same occupations as his
(master).

20. The victor shall receive the booty gained in
battle.

21. But chariots and animals used for riding (be-
long) to the king,

22. And a preferential share, except when the
booty has been gained in single combat.

23. But the king shall equitably divide (all) other
(spoils).

24. Cultivators (must) pay to the king a tax

16. Manu VII, 87-89; X, 119; Ya^avalkya I, 233.

17-18. Apastamba II, 5, 10, n. Persons who declare them-
selves to be cows or Brahmawas become inviolable on account
of the sacred character of the beings they personate. Historical
instances are narrated where conquered kings were forced to
appear before their victors, holding grass in their mouths or
dancing like peacocks in order to save their lives.

20. Manu VII, 96. 22-23. Manu VII, 97.

24. Manu VII, 130. The amount depends on the nature of
the soil and the manner of cultivation. .



330 GAUTAMA. X, 25.

(amounting to) one-tenth, one-eighth, or one-sixth
(of the produce).

25. Some declare, that (there is a tax) also on
cattle and gold, (viz.) one-fiftieth (of the stock).

26. In the case of merchandise one-twentieth
(must be paid by the seller) as duty,

27. (And) of roots, fruits, flowers, medicinal herbs,
honey, meat, grass, and firewood one-sixtieth.

28. For it is the duty (of the king) to protect the
(tax-payers).

29. But to (the collection of) these (taxes) he
shall always pay particular attention.

30. He shall live on the surplus.

31. Each artisan shall monthly do one (day's)
work (for the king).

32. Hereby (the taxes payable by) those who



25. Manu VII, 130. The above translation follows Haradatta's
explanation, while Sir W. Jones' rendering of Manu gives a dif-
ferent meaning to the identical words.

26. Manu VII, 127. 27. Manu X, 120.

28. Manu VII, 128.

29. Manu VII, 128, 139.

30. Haradatta takes this Sutra differently. He says, ' Adhika,
" additional," means the money which is paid on account of (the
additional occupations) which have been explained above (Sutra
7 seq.) "To protect all created beings," &c. Thereon shall he
live, he himself, his servants, his elephants, horses, and his other
(animals)/ If this explanation is adopted, the Sutra ought to be
translated thus, 'He shall live on (the taxes paid for his) additional
(occupations).' It seems, however, more probable that Gautama
means to say that the king shall live on the surplus which remains
after providing for the external and internal security of the kingdom,
and that his object is to forbid the application of the whole revenue
to the personal expenses of the ruler.

31. Manu VII, 131.

32. Haradatta says that wood-carriers, dancers, and the like are
intended.



X, 4.V LAWFUL OCCUPATIONS AND LIVELIHOOD.



support themselves by personal labour have been
explained,

33. And (those payable by) owners of ships and
carts.

34. He must feed these (persons while they work
for him).

35. The merchants shall (each) give (every month
one) article of merchandise for less than the market
value.

36. Those who find lost (property) the owner of
which is not (known), shall announce it to the
king.

37. The king shall cause it to be proclaimed (by
the public crier), and (if the owner does not appear)
hold it in his custody for a year.

38. Afterwards one-fourth (of the value goes) to
the finder (and) the remainder to the king.

39* A (man becomes) owner by inheritance, pur-
chase, partition, seizure, or finding.

40. Acceptance is for a Brahmawa an additional
(mode of acquisition) ;

41. Conquest for a Kshatriya ;

42. Gain (by labour) for a Vairya or ^udra.

43. Treasure-trove is the property of the king,

36-38. Manu VIII, 30-36; Ya^avalkya II, 33, 173; Mac.'
naghten, Mitakshara" V, i, 6.

39. Manu X, 115; Mayukha IV, i, 2 ; Colebrooke, Mitakshara*
I, i, 8; III, Digest IV, 22. 'Partition, i.e. the division (of
the estate) between brothers and other (coparceners); seizure,
i. e. the appropriation before (others) of forest trees and other
things which have no owner; finding, i.e. the appropriation of
lost property the owner of which is unknown, such as treasure-
trove.' Haradatta.

43. Manu VIII, 38 ; Ya^avalkya II, 34 ; Macnaghten, Mita-
kshara V, i. 10.



232 GAUTAMA. X, 44.

44. Excepting (such as is found) by a Brahmawa
who lives according to (the law).

45. Some declare, that a finder of a non-Brah-
manical caste even, who announces (his find to the
king), shall obtain one-sixth (of the value).

46. Having recovered property stolen by thieves,
he shall return it to the owner ;

47. Or (if the stolen property is not recovered)
he shall pay (its value) out of his treasury.

48. The property of infants must be protected
until they attain their majority or complete their
studentship.

49. The additional (occupations) of a Vai^ya are,
agriculture, trade, tending cattle, and lending money
at interest.

50. The .Sudra (belongs to) the fourth caste,
which has one birth (only).

44. Manu VIII, 37 ; Ya^wavalkya II, 34 ; Macnaghten loc. cit.

46. Manu VIII, 40 ; Ya^T/avalkya II, 36 ; Macnaghten, Mitd-
kshara V, i, 14.

47. Apastamba II, 10, 26, 8; Macnaghten loc. cit.

48. Manu VIII, 27.

49. Apastamba II, 5, 10, 7.

50. Apastamba I, i, i, 6 ; Manu X, 4. Between this Sutra and
the next, my MSS. insert an additional one, not found in Professor
Stenzler's edition, .Sfidrasyapi nishekapuwsavanasimantonnayana^a-
takarmanamakarawopanishkramawannaprajana^aulanyamantrakam
yathakalam upadish/ani/i, ' for the Sudra also the Nisheka (or
impregnation), the Pu#zsavana (or rite for securing male offspring),
the Simantonnayana (or arranging the parting of a pregnant
wife), the Gatakarman (or ceremony on the birth of the child),
the name-giving, the first walk in the open air, the first feeding,
and the A'aula (or tonsure of the child's head) are prescribed
to be performed at the proper periods, but without the recita-
tion of sacred texts.' But I am inclined to consider it spurious :
first, because there is no proper commentary ; secondly, because
the enumeration of the Sawskaras given here does not agree with



X, 64. LAWFUL OCCUPATIONS AND LIVELIHOOD. 233

51. For him also (are prescribed) truthfulness,
meekness, and purity.

52. Some (declare), that instead of sipping water,
he shall wash his hands and feet.

53. (He shall also offer) the funeral oblations,

54. Maintain those depending upon him,

55. Live with his wife (only),

56. And serve the higher (castes).

57. From them he shall seek to obtain his liveli-
hood.

58. (He shall use their) cast-off shoes, umbrellas,
garments, and mats (for sitting on),

59. (And) eat the remnants of their food ;

60. And (he may) live by (practising) mechanical
arts ;

61. And the Arya under whose protection he
places himself, must support him even if he (be-
comes) unable to work.

62. ./\nd a man of higher caste (who is his master
and has fallen into distress must be maintained) by
him.

63. His hoard shall serve this purpose.

64. If permission has been given to him, he

that given above, VIII, 14 ; and thirdly, because, according to the
practice of Gautama, this Sutra should begin with ' tasylpi' instead
of with ' Sudrasyapi/ and the ' tasySpi ' in the next would become
superfluous. The rule agrees however with Manu X, 63, 127.

51. Manu IX, 335.

53. Manu X, 127-128.

55. 'Another commentator explains the Sutra to mean that
he shall live with his wife only, and never enter another order
(i.e. never become a student, hermit, or ascetic).' Haradatta.

56. Apastamba, I, i, i, 7-8; Manu X, 121-123.

57. Manu X, 1 2 4. 58-59. Manu X, 125.
60. Manu X, 99.



234 GAUTAMA. X, 65.

may use the exclamation nama/fc (adoration) as his
Mantra.

65. Some (declare), that he himself may offer the
Pakaya^was.

66. And all men must serve those who belong to
higher castes.

67. If Aryans and non-Aryans interchange their
occupations and conduct (the one taking that of the
other, there is) equality (between them).

CHAPTER XI.

1. The king is master of all, with the exception
of Brahmawas.

2. (He shall be) holy in acts and speech,

3. Fully instructed in the threefold (sacred science)
and in logic,

4. Pure, of subdued senses, surrounded by com-

65. Manu X, 127. Regarding the Pakaya^was, see above,
VIII, 1 8.

67. ' There is equality between them, i. e. the one need not
serve the other. A .Sfidra need not serve even a Brahmawa, (much
less) any other (twice-born man) who lives the life of a non-Aryan
(Sudra). A .SQdra, even, who conducts himself like an Aryan
must not be despised by men of other castes, who follow the
occupations of non-Aryans, on account of his inferior birth.'
Haradatta.

XI. i. Macnaghten, Mitakshara I, I, 27; Manu IX, 313-322;
Weber, Ind. Stud. X, 29, 60.

2. Manu VII, 26. ' Holy in acts,' i.e. constantly acting in con-
formity with the .Sastras; 'holy in speech,' i.e. when administering
justice he shall not speak partially.

3. Manu VII, 43; Y%avalkya I, 310. Haradatta thinks that
the term 'the threefold sacred science includes the fourth Veda
also, because it consists chiefly of JZikas and Ya^us formulas/

4. Manu VII, 30-31 ; Ya^wavalkya I, 354; Apastamba II, n,
27, 1 8. 'Of subdued senses, i.e. free from the (seven) vices



XI, 12. THE DUTIES OF A KING. 235

panions possessing excellent qualities and by the
means (for upholding his rule).

5. He shall be impartial towards his subjects ;

6. And he shall do (what is) good for them.

7. All, excepting Brahmaffas, shall worship him
who is seated on a higher seat, (while they them-
selves sit on a) lower (one).

8. The (Brahma?zas), also, shall honour him.

9. He shall protect the castes and orders in ac-
cordance with justice ;

10. And those who leave (the path of) duty, he
shall lead back (to it).

11. For it is declared (in the Veda) that he ob-
tains a share of the spiritual merit (gained by his
subjects).

12. And he shall select as his domestic priest
(purohita) a Brahmarca who is learned (in the Vedas),
of noble family, eloquent, handsome, of (a suitable)
age, and of a virtuous disposition, who lives right-
eously and who is austere.

(common among kings), i. e. sensuality, gambling, hunting, drink-
ing, &c.' Haradatta. The means (upaya) are those mentioned
by Ya^wavalkya I, 345-346.

5. Manu VII, 80; Ya^avalkya I, 333.

6. 'And he shall do what is good, i.e. dig tanks, build embank-
ments and bridges &c. for them, i. e. his subjects.' Haradatta.

7. ' (On a) lower (one), i. e. on the ground only.' Haradatta.
This is still the custom in native courts, where, however, Brah-
manas, as a rule, must also sit on the floor.

8. 'Honour him,' i.e. worship him by invoking blessings on
him and the like.

9. Manu VII, 35. 10. Ya^wavalkya I, 360.
ij. Manu VIII, 304; Ya^dfavalkva I, 334.

12. Manu VII, 78; Ya^rwavalkya I, 312. Haradatta explains
vaksampanna, ' eloquent,' by ' one who knows Sanskrit.' According
to the same, 'the (suitable) age' is the prime of life, when men



236 GAUTAMA. XI, 13.

13. With his assistance he shall fulfil his religious
duties.

14. For it is declared (in the Veda) : ' Kshatriyas,
who are assisted by Brahmawas, prosper and do not
fall into distress.'

15. He shall, also, take heed of that which astro-
logers and interpreters of omens tell (him).

1 6. For some (declare), that the acquisition of
wealth and security depend also upon that.

17. He shall perform in the fire of the hall the
rites ensuring prosperity which are connected with
expiations (^anti), festivals, a prosperous march, long
life, and auspiciousness ; as well as those that are
intended to cause enmity, to subdue (enemies), to
destroy (them) by incantations, and to cause their
misfortune.

1 8. Officiating priests (shall perform) the other
(sacrifices) according to the precepts (of the Veda).

are neither too young nor too old. 'Austere' is interpreted to
mean ' not given to sensual enjoyments/

13. Manu VII, 78. 14. -Satapatha-brahmaa IV, i, 4, 4-6.

17. Apastamba II, 10, 25, 4, 7. Santis, 'expiations,' are rites
intended to avert an impending misfortune which is announced by an
evil omen. ' Festivals ' are, according to Haradatta, wedding-days
and the like ; ' rites connected with auspiciousness ' are, according
to the same, rites on entering a new dwelling and the like. Hara-
datta further remarks that, though, according to the text, the king
must perform these rites, he is, in reality, only to give the neces-
sary orders, and to furnish the means for their performance, while
the Purohita is to officiate as priest. He adds, that another com-
mentator asserts that ' the Purohita,' not ' the king,' must be taken
as the subject of the sentence.

18. Manu VII, 78-79; Yaavalkya I, 313. Haradatta says
that by the 'other 1 sacrifices, both Grihya. and .SYauta rites
are meant. I think that the latter are chiefly intended, as the
Sawzskaras are included under the rites of festive days, mentioned
in the preceding Sutra.



XI, 25. THE DUTIES OF A KING. 237

19. His administration of justice (shall be regu-
lated by) the Veda, the Institutes of the Sacred Law,
the Arigas, and the Purawa.

20. The laws of countries, castes, and families,
which are not opposed to the (sacred) records, (have)
also authority.

21. Cultivators, traders, herdsmen, money-lenders,
and artisans (have authority to lay down rules) for
their respective classes.

22. Having learned the (state of) affairs from
those who (in each class) have authority (to speak
he shall give) the legal decision.

23. Reasoning is a means for arriving at the
truth.

24. Coming to a conclusion through that, he shall
decide properly.

25. If (the evidence) is conflicting, he shall learn
(the truth) from (Brahmawas) who are well versed in

19. The Arigas, i.e. the six auxiliary branches of learning
mentioned above, VIII, 5. My best copy inserts ' the Upavcdas '
after the Ahgas. But the words upaveda^ and dharma^lstraV/i, ' the
institutes of law,' are probably interpolations. For the latter are
already included by the term Ahga, as part of the Kalpa.

20. Apastamba II, 6, 15, i; Manu VII, 203; VIII, 41, 46;
Ya^Tzavalkya I, 342. ' The (sacred) records, i.e. the Vedas and the
rest.' Haradatta.

22. 'Having learned, i. e. having heard and considered, from
them, i.e. from men of those classes, according to their authority,
i. e. from those who in each class are authorised to give decisions,
the (state of) affairs, i. e. the peculiar customs, the legal decision
must be given in accordance with that which they declare to be
the rule in their community.' Haradatta.

23. Manu VIII, 44; XII, 105-106; Macnaghten, Mitakshara
II, 8, 8. Haradatta remarks, that this Sutra refers to the case
where the spokesmen of a guild may be suspected of partiality.

25. Manu XII, 108-113. According to Haradatta this Sutra
refers to particularly difficult cases.



238 GAUTAMA. XT, 26.

the threefold sacred lore, and give his decision
(accordingly).

26. For, (if he acts) thus, blessings will attend
him (in this world and the next).

27. It has been declared in the Veda : ' Brahma#as,
united with Kshatriyas, uphold gods, manes, and
men.'

28. They declare, that (the word) daWa (rule or
punishment) is derived from (the verb) damayati (he
restrains) ; therefore he shall restrain those who do
not restrain themselves.

29. (Men of) the (several) castes and orders who
always live according to their duty enjoy after
death the rewards of their works, and by virtue of
a remnant of their (merit) they are born again in ex-
cellent countries, castes, and families, (endowed) with
beauty, long life, learning in the Vedas, (virtuous)
conduct, wealth, happiness, and wisdom.

30. Those who act in a contrary manner perish,
being born again in various (evil conditions).

31. The advice of the spiritual teacher and the
punishment (inflicted by the king) guard them.

32. Therefore a king and a spiritual teacher must
not be reviled.

CHAPTER XII.

i. A .Sftdra who intentionally reviles twice-born
men by criminal abuse, or criminally assaults them
with blows, shall be deprived of the limb with which
he offends.

A A

26. Apasiamba II, 5, n, 4. 29. Apastamba II, 5, n, 10.

30. Apastamba II, 5, n, n. 'Perish, i.e. fall from one mis-
fortune into the other/ Haradatta.

31. Apastamba If, 5, 10, 12-16. 32. Manu VII, 8.
XII. i. Apastamba II, 10, 27, 14; Manu VIII, 270, 279-283 ;



XII, 0. CRIMINAL AND CIVIL LAW. 239



2. If he has criminal intercourse with an Aryan
woman, his organ shall be cut oft", and all his property
be confiscated.



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