Georg Bühler.

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

. (page 22 of 55)
Online LibraryGeorg BühlerThe sacred laws of the Aryas : as taught in the schools of Apastamba, Gautama, Vasishtha and Baudhayana → online text (page 22 of 55)
Font size
QR-code for this ebook

3. If (the woman had) a protector, he shall be
executed after (having undergone the punishments
prescribed above).

4. Now if he listens intentionally to (a recitation
of) the Veda, his ears shall be filled with (molten)
tin or lac.

5. If he recites (Vedic texts), his tongue shall be
cut out.

6. If he remembers them, his body shall be split
in twain.

7. If he assumes a position equal (to that of
twice-born men) in sitting, in lying down, in conver-
sation or on the road, he shall undergo (corporal)

8. A Kshatriya (shall be fined) one hundred
(Karshapawas) if he abuses a Brahmawa,

9. In case of an assault, twice as much.

Yagwavalkya II, 2 1 5. Haradatta adds that an abusive word or a
blow given in jest must not be punished in the manner prescribed
above, as the word 'parushya' presupposes criminal intent.

2. Apastamba II, 10, 26, 20; Mayukha XIX, 7, where, however,
drya has been altered to aHrya. Haradatta adds that the two
punishments are cumulative in the case of a Brahmam only. If
the offence is committed with a Kshatriya, the offender is liable to
the first only ; if he sins with a Vaijya, to the second.

3. Apastamba II, 10, ./, 9; Manu VIII, 359; Ya^avalkya
II, 286.

7. Apastamba II, 10, 27, 15; Manu VIII, 281. The transla-
tion follows Haradatta, who is guided by the parallel passages.
But for the latter, one would translate ' he shall be fined.'

8. Manu VIII, 267; Ya^navaikya III, 204-207. Manu VIII, 136
states one Karshapaa or copper Paa contains 80 Raktikas, which
would correspond to 97-60 grammes of the metrical system.

240 GAUTAMA. XII, 10.

10. A Vaisya (who abuses a Brahmawa, shall pay)
one and a half (times as much as a Kshatriya).

11. But a Br&hmawa (who abuses) a Kshatriya
(shall pay) fifty (Karshapawas),

12. One half of that (amount if he abuses) a

13. (And if he abuses) a .Sudra, nothing.

14. A Kshatriya and a Vai^ya (who abuse one
another shall pay the same fines) as a Brahmawa
and a Kshatriya.

15. (The value of) property which a .Sudra un-
righteously acquires by theft, must be repaid eight-

16. For each of the other castes (the fines must
be) doubled.

17. If a learned man offends, the punishment
shall be very much increased.

1 8. If fruits, green corn, and vegetables are
appropriated in small amounts, (the fine is) five
Krz'shalas (of copper).

10. Maim VIII, 267. n. Manu VIII, 268.

12. Manu VIII, 268.

13. Manu VIII, 268. Haradatta adds that, as a Brahmawa is
declared to pay nothing for abusing a -Sudra, a Kshatriya and a
Vauya are liable to be fined for that offence, and that according
to U-ranas a Kshatriya shall pay twenty-four Pawas, and a Vaisya

14. I.e. a VaLrya shall pay one hundred Pawas for abusing
a Kshatriya, and a Kshatriya fifty for abusing a Vauya.

15. Manu VIII, 337.

16. Manu VIII, 337-338. I.e. a Vaijya is to pay sixteen
times the value of the stolen property, a Kshatriya thirty-two
times, and a Brahmana sixty-four times.

17. Manu VIII, 338.

1 8. Manu VIII, 330. K/Yshwala is another name for RaktikS,


19. If damage is done by cattle, the responsibility
falls on the owner.

20. But if (the cattle) were attended by a herds-
man, (it falls) on the latter.

21. (If the damage was done) in an unenclosed
field near the road, (the responsibility falls) on the
herdsman and on the owner of the field.

22. Five Mashas (are the fine to be paid) for
(damage done by) a cow,

23. Six for a camel or a donkey,

24. Ten for a horse or a buffalo,

25. Two for each goat or sheep.

26. If all is destroyed, (the value of) the whole
crop (must be paid and a fine in addition).

27. If (a man) always neglects the prescribed
(duties) and does that which is forbidden, his pro-
perty beyond (the amount required for) raiment and
food shall be taken from him (until he amends).

28. He may take, as his own, grass for a cow,
and fuel for his fire, as well as the flowers of
creepers and trees and their fruit, if they be un-

29. The legal interest for money lent (is at the
rate of) five Mashas a month for twenty (Karsha-

used also by Ya^avalkya I, 362. It equals 0-122 grammes of
the metrical system, Prinsep, Useful Tables, p. 97.

20-21. Manu VIII, 240; Ya^avalkya II, 162.

22-26. Manu VIII, 241; Ya^wavalkya II, 159-161 ; Colebrooke
III, Digest IV, 40. Haradatta, relying on LLyanas everywhere,
reckons twenty Mashas to the Karshapawa.

27. Apastamba II, n, 27, 18.

28. Apastamba I, 10, 28, 3; Colebrooke III, Digest IV, 22.

29. Manu VIII, 140; Yag^avalkya II, 37; Colebrooke I,
Digest 25. Haradatta states that a Karshapaa contains twenty

[2] R

242 GAUTAMA. XII, 30.

30. Some (declare, that this rate should not be
paid) longer than a year.

31. If (the loan) remains outstanding for a long
time, the principal may be doubled (after which-
interest ceases).

32. A loan secured by a pledge that is used (by
the creditor) bears no interest ;

33. Nor money tendered, nor (a debt due by a
debtor) who is forcibly prevented (from paying).

34. (Special forms of interest are) compound in-
terest, periodical interest,

35. Stipulated interest, corporal interest, daily
interest, and the use of a pledge.

Mashas. Thus the monthly interest for 400 M&shas being five
M&shas, the rate is ij per cent for the month, or 15 per cent
per annum.

30. Colebrooke I, Digest 40; Maim VIII, 153.

31. Manu VIII, 151 ; Colebrooke I, Digest 59.

32. Manu VIII, 143 ; Colebrooke I, Digest 79.

33. Colebrooke I, Digest 79. ' Likewise the debt of a debtor
who, being desirous to pay, is imprisoned by the king or others
in a prison or the like, and who is thus unable to pay, does not
increase from that day.' Haradatta.

34. For this and the next Sutra, see also Colebrooke I, Digest
35-45, in the notes on which latter text the various explana-
tions of these terms, found here, have been fully discussed. ' If
a large or a small interest is taken on condition that the loan
is to be repaid on a certain date, and that, in case of non-payment,
it is to be trebled or quadrupled, that is called periodical interest.'

35. 'Where the lender and the borrower, having regard to
the country, the time, the object, and the condition (of the bor-
rower), agree between themselves (on a certain rate), e. g. of ten
per cent per mensem, that is called stipulated interest. Corporal
interest is that which is payable by bodily labour. Thus Br/'ha-
spati says, " Corporal interest is that connected with work." But
Vyasa explains it thus, "Corporal interest is that which arises
from the work (or use) of a (pledged female quadruped) to be


36. The interest on products of animals, on wool,
on the produce of a field, and on beasts of burden
(shall) not (increase) more than the fivefold (value
of the object lent).

37. The property of (a person who is) neither an
idiot nor a minor, having been used by strangers
before his eyes for ten years, (belongs) to him who
uses it,

38. (But) not (if it is used) by .Srotriyas, ascetics,
or royal officials.

39. Animals, land, and females are not lost (to
the owner) by (another's) possession.

milked, or of (a male) to carry burdens." K&tyayana explains
the daily interest (lit. the interest resembling the growth of the
lock on the head), " That which is taken daily is called daily
interest." ... E.g. for a Prastha of grain lent a handful of grain
is taken daily.' Haradatta.

36. Colebrooke I, Digest 62. Haradatta mentions also another
explanation of the Sutra : ' Another (commentator) says, " If pro-
ducts of animals and the rest have been bought, and the price
is not paid at once, that may increase fivefold by the addition
of interest, but not to a greater sum.'"

37. Manu VIII, 147-148; Ya^wavalkya II, 24.

38. Haradatta adds that in the case of a -Srotriya and of an
ascetic, the owner may allow the use of his property for a long
time, desiring to acquire merit by doing so, and that fear may
prevent him from opposing the king's servants. Hence pro-
longed possession by such persons does not necessitate the con-
clusion that the owner had given up his rights. As ascetics cannot
possess any property, the Sutra must refer to their occupying an
empty house which has an owner.

39. Manu VIII, 149; Ya^wavalkya II, 25. The translation
given above agrees with an explanation of the Sutra which Hara-
datta mentions, but rejects. He himself prefers the following :
'Animals, i.e. quadrupeds; land, i.e. a field, a garden, and the
like ; females, i e. female slaves and the like. No long possession
of animals and the rest is necessary in order to acquire the rights of
ownership over them. Even after a short period they become the

R 2

244 GAUTAMA. XII, 40.

40. The heirs shall pay the debts (of a deceased

41. Money due by a surety, a commercial debt, a
fee (due to the parents of the bride), debts con-
tracted for spirituous liquor or in gambling, and a
fine shall not involve the sons (of the debtor).

42. An (open) deposit, a sealed deposit, an object
lent for use, an object bought (but not paid), and a
pledge, being lost without the fault of the holder,
(shall not involve) any blameless person.

43. A man who has stolen (gold) shall approach
the king, with flying hair, holding a club in his hand,
and proclaim his deed.

property of the possessor. For how (would it be possible that)
a person, who himself wants buttermilk and the like, should allow
a cow which he himself has bought, and which gives daily a Droa
of milk, to be milked in the house of another person ? ' &c. &c.

40. Manu VIII, 162; Ya^Tzavalkya II, 51.

41. Manu VIII, 159-160; Y%avalkya II, 47, 54; Cole-
brooke I, Digest 202. Taking iato account the parallel passages
of Manu and Ya^vzavalkya, Haradatta very properly restricts this
rule to a bail for the personal appearance of an offender. In
explanation of the expression ' a commercial debt * he gives the
following instance : ' If a person has borrowed money from some-
body on the condition that he is to repay the principal together
with the gain thereon, and if he dies in a foreign country, while
travelling in order to trade, then that money shall not be repaid
by the son.' The instance explaining the term ' fee ' (sulka) is
as follows : ' If a person has promised a fee (to the parents of
a woman) and dies after the wedding, then that fee does not
involve his son, i.e. need not be paid by him.' The word julka
is, however, ambiguous, and may also mean ' a tax or toll.'

42. Manu VIII, 189 ; Ya^avalkya II, 59, 66 ; Colebrooke II,
Digest I, 29. Haradatta declares the meaning to be, that in case
the bailee was guilty of no negligence and took the same care
of the deposits &c. as of his own property, neither he nor his heirs
need make good the value of those which were lost or destroyed.

43. Apastamba I, 9, 25, 4.


44. Whether he be slain or be pardoned, he is
purified (of his guilt).

45. If the king does not strike, the guilt falls on

46. Corporal punishment (must) not (be resorted
to in the case) of a Brahmawa.

47. Preventing (a repetition of) the deed, pub-
licly proclaiming his crime, banishment, and branding
(are the punishments to which a Brihmaa may be

48. That (king) who does not do his duty (by
inflicting punishment) becomes liable to perform a

49. (A man who) knowingly (becomes) the servant
(of a thief shall be treated) like a thief,

50. Likewise he who (knowingly) receives (goods)
from (a thief or) an unrighteous man'.

51. The award of the punishment (must be regu-
lated) by a consideration (of the status) of the criminal,
of his (bodily) strength, of (the nature of) the crime,
and whether the offence has been repeated.

52. Or a pardon (may be given) in accordance
with the opinion of an assemblage of persons learned
in the Vedas.

45. Apastamba I, 9. 25, 5.

46. Manu VIII, 124 ; Macnaghten, Mitakshara III, 4, 9.

47. Manu IX, 239, 241; Apastamba II, 10, 27, 8, 17-19;
Macnaghten loc. cit. Karmaviyoga, ' preventing (a repetition of) the
deed,' may also mean ' suspension from (his priestly) functions.'

48. Apastamba II, n, 28, 13.

49-50. Manu IX, 278; Yogtfavalkya II, 276.

51. Manu VII, 16; VIII, 126 ; Ya^avalkya I, 367.

246 GAUTAMA. Xin, i.


1. In disputed cases the truth shall be established
by means of witnesses.

2. The (latter) shall be many, faultless as regards
the performance of their duties, worthy to be trusted
by the kingr. and free from affection for, or hatred
against either (party).

3. (They may be) .SYldras even.

4. But a Brahma^a must not be forced (to give
evidence) at the word of a non-Brahmaa, except if
he is mentioned (in the plaint).

5 (Witnesses) shall not speak singly or without
being asked,

6. And if, (being asked,) they do not answer, they
are guilty of a crime.

7. Heaven is their reward, if they speak the

XIII. i. Manu VIII, 45; Ya^vJavalkya II. 22.

2. Apastamba II, n, 29, 7. 'Many means at least three.'

3. Manu VIII, 63. I.e. Madras endowed with the qualities
mentioned above.

4. Manu VIII, 65. 'A Brahmaa means here a .SYotriya. If a
man other than a Brahmana says : " This Brahmawa is a witness of
this fact," then the (.Srotriya) shall not be forced to become, i.e. not
be taken as a witness, provided he has not been mentioned, i. e. he
has not been entered in the written plaint (as one of the witnesses).
But if he has been entered in the plaint, he certainly becomes
a witness.' Haradatta.

5. Manu VIII, 79; Macnaghten, Mitakshara VI, i, 21. In the
Mitakshara the Sutra is read nasamaveta^ pr/'sh/aA prabruyu^,
' witnesses need not answer if they are examined singly.' Mitra-
mijra in the Vframitrodaya says that Haradatta's reading of the
text is the same, and that his explanation does not agree with it.

6. Manu VIII, 107; \%mivalkya II, 76-77.

7. Apastamba II, n, 29, 9-10.


truth ; in the contrary case hell (will be their

8. (Persons) not mentioned (in the plaint), must
also give evidence,

9. No objection (can be raised against witnesses)
in a case of (criminal) hurt,

10. Nor if they have spoken inadvertently.

11. If the sacred law or the rules (referring to
worldly matters) are violated, the guilt (falls) on
the witnesses, the assessors, the king, and on the

12. Some (declare, that the witnesses) shall be
charged on oath to speak the truth.

13. In the case of others than Brahmawas that
(oath shall be sworn) in the presence of the gods, of
the king, and of Br&hma#as.

14. By false evidence concerning small cattle a
witness kills ten,

15. (By false evidence) regarding cows, horses,
men, or land, in each succeeding case ten times as
many (as in the one mentioned before),

9. Manu VIII, 72 ; Ya^avalkya II, 72.

10. ' Negligence, i.e. inadvertence. If anything has been spoken
at random by a witness In a conversation referring to something else
(than the case), no blame must be thrown on him for that reason.'

IT. Manu VIII, 1 8. The translation follows Haradatta. Perhaps
it would, however, be as well to take dharmatantra, ' the sacred law
and the rules referring to worldly matters/ as a Tatpurusha, and to
translate, 'If there is a miscarriage of justice, the guilt,' &c.

12-13. Apastamba 11, n, 29, 7.

1 4-2 2 . Manu VIII, 98-1 oo. ' By speaking an untruth regarding
them, the witness kills ten. Ten what ? Even ten (of that kind)
regarding which he has lied. His guilt is as great as if he actually
killed ten of them, and the punishment (is the same). Equal
penances must also be prescribed for both cases.' Haradatta.

248 GAUTAMA. XIII, 16.

1 6. Or (by false evidence) regarding land the
whole (human race).

1 7. Hell (is the punishment) for a theft of land.

1 8. (By false evidence) concerning water (he in-
curs) the same (guilt) as (for an untruth) about land,

19. Likewise (by false evidence) regarding (crimi-
nal) intercourse.

20. (By false evidence) regarding honey or clari-
fied butter (he incurs) the same (guilt) as (by an
untruth) about small cattle,

21. (By false evidence) about clothes, gold, grain,
and the Veda, the same as (by an untruth) about

22. (And by false evidence) regarding a carriage
(or a beast of burden) the same as (by an untruth)
about horses.

23* A witness must be reprimanded and punished
for speaking an untruth.

24. No guilt is incurred by giving false evidence,
in case the life (of a man) depends thereon.

25. But (this rule does) not (hold good) if the
life of a very wicked (man depends on the evidence
of a witness).

26. The king, or the judge, or a Brahmawa learned
in the 6astras (shall examine the witnesses).

27. (The litigant) shall humbly go to seek the

23. Manu VIII, 119-1*3; Ya^avalkya II, 81,
(literally " must be turned out ") means " must be reprimanded "
in the presence of the whole audience, lest anybody have inter-
course with him.' Haradatta.

24-25. Manu VIII. 104-105; Y%avalkya II, 83.

26. Manu VIII, 8-9, 79 ; Ya^avalkya II, i, 3, 73.

27. Manu VIII, 43. The meaning of the Suira is that the


28. If (the defendant) is unable to answer (the
plaint) at once, (the judge) may wait for a year.

29. But (in an action) concerning kine, draught-
oxen, women, or the procreation (of offspring), the
defendant (shall answer) immediately,

30. Likewise in a case that will suffer by delay.

31. To speak the truth before the judge is more
important than all (other) duties.


1. The Sapi/zdfas become impure by the death (of
a relative) during ten (days and) nights, except those
who officiate as priests, who have performed the
Diksha;ziyesh/i (or initiatory ceremony of a .Srauta
sacrifice), and those who are students.

2. (The impurity) of a Kshatriya lasts for eleven
(days and) nights,

3. (That) of a Vaisya twelve (days and) nights,

4. (Or), according to some, half a month,

5. (And that) of a ^udra a whole month.

6. If during (a period of impurity) another (death)
happens, the (relatives) shall be pure after (the
lapse of) the remainder of that (first period).

judge shall not promote litigation, and incite people to institute
suits. If litigants do not humbly appear before him, he is not
to send for them.

28. See also Narada I, 38, 41.

29. Ya^wavalkya II, 12. Haradatta explains pra^anana, 'the
procreation (of offspring),' to mean ' marriage.'

XIV. i. Manu V, 59, 83, 93; Ya^wavalkya III, 18, 28; see
also Apastamba I, 5, 16, 18. Regarding the meaning of the term
Sapim/a, see below, Sutra 13. This Sutra refers, of course, to
Brahmawas only.

2-3. Manu V, 83; Ya^ava!kya III, 22.

5. Manu and Ya^avalkya 1. 1. cit. 6. Manu V, 79.

250 GAUTAMA. XIV, 7.

7. (But) if one night (only of the period of impu-
rity) remains (and another death happens, they shall
become pure) after (the lapse of) two (days and

8. (If the second death happens) on the morning
(after the completion of the period of impurity, they
shall be purified) after three (days and nights).

9. (The relatives) of those who are slain for the
sake of cows and Brahmawas (become pure) imme-
diately after the burial,

10. And (those of men destroyed) by the anger
of the king,

11. (Further, those of men killed) in battle,

1 2. Likewise (those) of men who voluntarily (die)
by starving themselves to death, by weapons, fire,
poison, or water, by hanging themselves, or by
jumping (from a precipice).

13. Sapmda-relationship ceases with the fifth or
the seventh (ancestor).

14. (The rules regarding impurity caused by the

9. Ya#avalkya III, 27. The Sutra may, however, also be
translated ' the relatives of those who have been killed by a cow,
or by a Brdhmaa, &c.,' as the latter case, too, is mentioned by
Ya^avaikya III, 21. The word anvaksham, translated by
' immediately after burial/ is explained by Haradatta as follows :
'The corpse is seen, i.e. is visible, so long; the meaning is that
they will be pure after having bathed at the end of the burial.'

10. Ya^wavalkya III, 21.

12. Manu V, 89; Ya^/7avalkya III, 21.

13. Apastamba II, 6, 15, 2. Haradatta states that the$api</a-
relationship extends to four degrees in the case of the son of an
appointed daughter (see below, XXVIII, 18), while it includes the
relatives within six degrees in the case of a legitimate son of the
body. In either case the term refers to Sagotra-sapi</as, or
Sapi#</as who bear the same family name only. The case of the
Bhinnagotra-sapiwo'as will be discussed below, Sutra 20.

14-16. Manu V, 62; Yagtfavalkya III, 18-19.


death of a relative apply) to the birth (of a child)

15. (In) that (case the impurity falls) on the

1 6. Or on the mother (alone).

1 7. (The impurity) for a miscarriage (lasts for a
number of days and) nights equal to (the number of)
months from conception,

1 8. Or three days.

19. And if he hears (of the death of a Sapiwda)
after (the lapse of) ten (days and nights, the impu-
rity lasts for) one night together with the preceding
and following days,

20. Likewise when a relative who is not a Sapiw^a,
a relative by marriage, or a fellow-student (has died).

21. For a man who studies the same recension
of the Veda (the impurity lasts) one day,

17. Manu V, 66; Ya^wavalkya III, 20. 19. Manu V, 75-77.

20. Manu V, 8 1. Haradatta explains asapiwak, ' a kinsman who
is not a Sapinda,' by Samanodaka, i.e. 'a kinsman bearing the same
family name, but more than six degrees removed,' and yonisam-
bandha, ' a relative by marriage/ by ' the maternal grandfather, a
maternal aunt's sons, and their sons, &c., the fathers of wives and
the rest.' The latter term, for which ' a person related through a
female' would be a more exact rendering than the one given
above, includes, therefore, those persons who, according to the
terminology of Manu and Ya^avalkya, are called Bhinnagotra-
sapiwrfas, Bandhavas, or Bandhus (see Colebrooke, Mitakshara II.
53 ; II, 6). Gautama's terminology agrees in this respect with
that of Apastamba, see note on II, 5, n, 16.

21. Haradatta explains sabrahma/iarin by suhr/'t, 'a friend/
But the term which elsewhere means 'a fellow-student' cannot
have that sense in our Sutra, as the fellow-student (sahSdhyayin)
has been mentioned already. The translation given above is
supported by the manner in which it is used in the ancient land-
grants, where expressions like bahvr/^asabrahmaHrin are of
common occurrence.

252 GAUTAMA. XIV, 22.

22. Likewise for a -Srotriya who dwells in the
same house.

23. On touching (i.e. on carrying out) a corpse
from an interested motive, the impurity lasts for
ten days.

24. (The duration of the impurity) of a VaLsya and
of a 6tidra (in the same case) has been declared (by
Sutras 3-5).

25. Or (it shall last for these two) as many nights
as there are seasons (in the year) ;

26. And (the same rule may be made applicable)
to the two higher (castes),

27. Or (the impurity lasts) three days.

28. And if the teacher, his son or wife, a person
for whom (a Brahmaa) sacrifices or a pupil (has
been carried out, the duration of the impurity is)
the same.

22. Manu V, 81.

23. ' The word upaspanrana (literally touching) does not denote
here simple touching. For below, Sutra 30, bathing with the
clothes on, will be prescribed for that. What does upaspanana
then mean? It means carrying out a corpse. For that an
impurity lasting ten days falls on the performer, provided that
the carrying out be done for an object, i.e with the intention of
gaining a fee or the like, not for the sake of doing one's duty.
The word impurity is here repeated in order to indicate that the
impurity, here intended, differs from that described above. Hence
the rules given below, Sutra 37, which prescribe sleeping and
sitting on the ground and so forth, do not apply. (The word
impurity) indicates (here) merely that (the performer of the act)
must not be touched, and has no right (to perform sacred
ceremonies).' Haradatta.

25. Haradatta states that Gautama does not simply say 'six
days/ because five seasons only are to be reckoned in the case
of a Vauya, and six in the case of a Sudra.

28. Haradatta asserts that mrz'teshu, ' have died,' must be under-
stood. But as both the preceding and the following Sutras refer to

XIV, 36. IMPURITY. 253

29. And if a man of lower caste carries out (the
corpse of) one of higher caste, or a man of higher

Online LibraryGeorg BühlerThe sacred laws of the Aryas : as taught in the schools of Apastamba, Gautama, Vasishtha and Baudhayana → online text (page 22 of 55)