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

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' if in some other .Sakha eight are found, those must be taken.'

12. Samavidhana I. 2, 5, where, however, only four Mantras are
given instead of our thirteen. The epithets given to the deity in
the Samavidhana can all be referred to the Sun, provided he is
identified with the universal soul, while in the above Sutra, Rudra
and Indra have been introduced. It cannot fee doubtful that the
Samavidhana gives an older and more authentic form of the prayer.
My translation of the epithets, which are found in the Samavidhana
also, follows Sayawa's gloss. Haradatta does not explain them.
About Sobhya in the twelfth Mantra, which possibly might mean,
'he who dwells in a mirage, i.e. the Sawsara,' I feel doubtful.
My MSS. read somya, and the Samavidhana has saumya in the
second Mantra. But I am unwilling to alter the word, as Professor
Stenzler's reading may have been derived from a South-Indian
MS., where bhya and myado not resemble each other so much as
in the DevanSgarl characters.



298 GAUTAMA. XXVI, 13.

consisting of Mu%a grass, who is worthy of (offer-
ings of) water, who conquers wealth, to him who
conquers the universe, adoration.

Adoration to him who gives success, who gives
full success, who gives great success, to him who
carries (all undertakings) to a successful issue,
adoration.

Adoration to Rudra, the lord of cattle, the great
god, the triocular, solitary, supreme lord Hari, to
dread .Sarva, to l-arana who carries the thunderbolt,
to the fierce wearer of matted locks, adoration.

Adoration to the Sun, to Aditi's offspring, adora-
tion.

Adoration to him whose neck is blue, to him
whose throat is dark-blue, adoration.

Adoration to the black one, to the brown one,
adoration.

Adoration to Indra, the first-born, the best, the
ancient, to chaste Harike^a, adoration.

Adoration to the truthful purifier, to fire-coloured
Kama, who changes his form at pleasure, adoration.

Adoration to the brilliant one, to him whose
form is brilliant, adoration.

Adoration to the fierce one, to him whose form
is fierce, adoration.

Adoration to Sobhya, the beautiful, the great
male, the middle male, the highest male, to the
student of the Veda, adoration.

Adoration to him who wears the moon on his
forehead, to him whose garment is a skin, adoration.

13. The worship of Aditya (the sun) must be
performed with the same (texts).

13-17. Sainavidh&ua I, 2, 5.



XXVI, 25. PENANCES. 299

14. Offerings of clarified butter (must be made
with the help of) the same (texts).

15. At the end of the period of twelve days he
shall boil rice and make offerings to the following
deities,

1 6. (Viz.) to Agni svaha, to Soma svaha, to Agni
and Soma (conjointly), to Indra and Agni (con-
jointly), to Indra, to all the gods, to Brahman, to
Pra^apati, (and) to Agni Svishfekr/t.

17. Afterwards (he must feed) Brahmawas.

1 8. By the above (rules) the AtikrM/ira. (or
exceedingly difficult) penance has been explained.

19. (But when he performs that), he shall eat
(only) as much as he can take at one (mouthful);

20. The third (Kri/ira) is that where water
is the (only) food, and it is called Krz^'^rati-
kri&Mra. (or the most difficult penance).

21. He who has performed the first of these
(three) becomes pure, sanctified, and worthy (to
follow) the occupations (of his caste).

22. He who has performed the second is freed
from all sins which he commits, excepting mortal
sins (mahapataka).

23. He who has performed the third, removes all
guilt.

24. Now he who performs these three K>/>//;ras
becomes perfect in all the Vedas, and known to all
the gods ;

25. Likewise he who knows this.

1 8. Sair.avidhana I, 2, 6.

19. Samavidhftna I, 2, 7 ; Manu XI, 214; Ya^avalkya III, 320.

20. Samavidhana I, 2, 8 ; Ya^navalkya III, 321.
21-23. Samavidhana I, 2, 9.

24-25. SamavidhSna I, 2, 10. Sarveshu vedeshu smUa/5, ' perfect



3OO GAUTAMA. XXVII, I.



CHAPTER XXVII.

1. Now, therefore, the Alandrayatfa (or lunar
penance will be described).

2. The (general) rules prescribed for a KrM&t*
(are applicable) to that

3. (The hair must be) shaved, in case it (is per-
formed as) a penance.

4. He shall fast on the day preceding the full
moon.

5. And (he shall offer) libations (of water), obla-
tions of clarified butter, consecrate the sacrificial
viands, and worship the moon, reciting these (rz/as),
' Increase ' (Rig-veda I, 91, 17),' May milk be joined
with thee' (Rig-veda I, 91, 18, and) 'Ever new'
(Rig-veda X, 85, 19).

6. He shall offer (clarified butter), reciting the
four (rz'^as beginning) ' Yad devcl devahe^anam/

7. And at the end (of the offering of clarified

in all the Vedas/ means, literally, equal to a student who has bathed
after completing the study of all the four Vedas.

XXVII. 2. The rules meant particularly are those given
XXVI, 6-u.

3. ' He calls penance vrata.' Haradatta.

5. ' The four religious acts, the first of which is the offering of
libations, are to be performed with the help of the three sacred
texts, the first of which begins " Increase." As the number (of the
acts and of the verses) does not agree, the fire-oblations and the
libations of water must be performed severally, each with one text,
and the consecration (of the offerings) and the worship (of the
moon must be performed wiih all of them) together.' Haradatta.

6. ' He shall offer as nothing is specified clarified butter,
with the first four rik&s of the Anuvaka ' Yad devS devahe</anam/
Counting the three mentioned above (Sutra 5), altogether seven
oblations of clarified butter must be made.' Haradatta.

7. 'On completion of the oblations of clarified butter, he



XXVII, II. PENANCES. 3OI

butter he shall offer) pieces of sacred fuel, reciting
(the texts beginning) ' Devakmasya.'

8. Each mouthful of food must be consecrated
by the mental recitations (of one) of the following
(words) : Om, bhM, bhuva/fc, sva/i, austerity, truth,
fame, prosperity, vigour, refreshment, strength,
lustre, soul, law, .Siva.

9. Or (he may consecrate) all (of them at once,
saying), Adoration svaha.

10. The size of a mouthful (shall be such) as not
to cause a distortion of the mouth (in swallowing it).

11. The sacrificial viands are, boiled rice, food
obtained by begging, ground barley, grain separated
from the husk, barley-gruel, vegetables, milk, sour

shall offer pieces of sacred fuel, reciting the eight sacred texts,
which begin " Devakr/tasya," and have been mentioned above
(XXV, 10). The word "completion" (anta) is merely a con-
firmation of something established, because (the place of the
offering) is already fixed by the place of the rule. But others
explain the word "ante" to mean "at the end of the .ffandra-
yaa." The word " and " does not agree with their (opinion).'
Haradatta.

8. Haradatta observes that on the days when the performer eats
less than fifteen mouthfuls, the later mentioned texts must be left
out, and that, while eating, the performer must employ the Prawahuti
Mantras (Apastamba II, i, i, 2 note). He concludes by giving the
following prayoga for the performance of the ceremony : ' He
places all the food in his dish, and consecrates it by the texts
" Increase," &c. Next he divides it into mouthfuls, and consecrates
each successively with the word Cm and the rest, and eats them,
reciting the texts for the Prawahutis.'

9. Haradatta states that either of the two words may be used
in consecrating all the mouthfuls, but that others think, both should
be used.

10. Ya^Tzavalkya III, 324.

11. The term 'sacrificial viands' denotes here, according to
Haradatta, the food eaten by the performer, which, like that eaten
by the performer of a Kr/#Mra, must be havishya, 'fit for an offering/



3O2 GAUTAMA. XXVII, 12.

milk, clarified butter, roots, fruits, and water ; (among
these) each succeeding one is preferable (to those
enumerated earlier).

12. He shall eat on the day of the full moon
fifteen mouthfuls, and during the dark half (of the
month) daily diminish his portion by one (mouthful).

13. He shall fast on the day of the new moon,
and during the bright half (of the month) daily-
increase (his portion) by one (mouthful).

14. According to some (the order shall be) in-
verted.

15. That (is called) a month, occupied by the
A'&ndrayawa penance.

1 6. He who has completed that, becomes free
from sin and free from crime, and destroys all guilt.

17. He who has completed a second (month,
living according to that rule), sanctifies himself, ten
ancestors, and ten descendants, as well as (any)
company (to which he may be invited) ;

1 8. And he who has lived for a year (according
to that rule), dwells (after death) in the world of the
moon.

CHAPTER XXVIII.

i. After the father's death let the sons divide
his estate,

see above, XXVI, 2. Haradatta adds that, as a Gr/hastha must not
beg, the food obtained by begging must have been collected by his
pupils, and that liquid food must be used for the expiation of the
more serious offences.

12. Manu XI, 217-218; Ya^wavalkva III, 324-325.

14. I.e. the performer may begin with the fast on the day of
the new moon.

1 8. Manu XI, 221 ; Ya^v&valkya III, 327.

XXVIII. i.*Colebrooke, Dayabhaga II, 4; Mitakshara I, a, 7;



XXVIII, 6. INHERITANCE. 303

2. Or, during his lifetime, when the mother is
past child-bearing, if he desires it,

3. Or the whole (estate may go) to the first-born ;
(and) he shall support (the rest) as a father.

4. But in partition there is an increase of spiritual
merit

5. (The additional share) of the eldest (son con-
sists of) a twentieth part (of the estate), a male and
a female (of animals with one row of front teeth,
such as cows), a carriage yoked with animals that
have two rows of front teeth, (and) a bull.

6. (The additional share) of the middlemost (con-
sists of) the one-eyed, old, hornless, and tailless
animals, if there are several.

V, Digest 20; Mayukha IV, 4, 3. Haradatta remarks that, accord-
ing to Gautama, the sons alone shall divide the estate, and that ihe
mother is not to receive a share, as other teachers, e.g. Ya^wavalkya
II. 123, prescribe. Apastamba II, 6, 13, 2 ; Manu IX, 104 ; Ya^a-
valkya II, 117.

2. Colebrooke and Mayukha loc. cit. ' Or the sons may divide
the estate even during the lifetime of the father ; when he desires
it, i.e. by his permission. The time for such a (division is) when
the mother is past child-bearing/ Haradatta. The correctness of
this interpretation of our Sutra is corroborated by the exclusion of
sons who have divided the family estate against the father's will
(XV, 19) from the Sraddha dinner. Apastamba II, 6, 14, i.

3. Colebrooke, Dayabhaga III, i, 15; Manu IX, 105.

4. Colebrooke, Ddyabhaga III, i, 14; V, Digest 47. After
division each brother has to perform the Vai-rvadeva and the other
domestic ceremonies separately, while in a united family they are
performed by the eldest brother. Thus a division of the family
estate causes an increase of spiritual merit ; see also Manu XI, 1 1 1.

5. Colebrooke, Dayabhaga II, 37; V, Digest 47; Manu
IX, 112.

6. Colebrooke 11. cit. ' And that (additional share is given), if
of the one-eyed and the rest there are several, i.e. if the others also
get (some).'



304 GAUTAMA. XXVIII, 7.

7. (The additional share) of the youngest (con-
sists of) the sheep, grain, the iron (utensils), a house,
a cart yoked (with oxen), and one of each kind of
(other) animals.

8. All the remaining (property shall be divided)
equally.

9. Or let the eldest have two shares,

10. And the rest one each.

n. Or let them each take one kind of property,
(selecting), according to seniority, what they desire,
1 2. Ten head of cattle.

13. (But) no (one brother shall) take (ten) one-
hoofed beasts or (ten) slaves.

14. (If a man has several wives) the additional



7. Colebrooke 11. cit. 'Avi^ (a sheep), i.e. an animal having
a fleece. The singular number (is used to denote) the species,
(and the explanation is), " As many sheep as there are." For (the
possession of) one would follow already from the phrase, "And
one of each kind of animals." Another (commentator says),
" Though the father may possess one sheep only, still it belongs to
the youngest, and the phrase ' one of each kind of animals ' refers
to the case when there are many." . . . This (additional share is
that) belonging to the youngest. (If there are more than three
sons) the others obtain the share of the middlemost.' Haradatta,

8. Colebrooke 11. cit.

9. Colebrooke, Dayabhaga II, 37 ; V, Digest 51. My best copy
P. leaves out this Sutra and the next. The others read dvyamsi va"
purva^a^ (not purva^asya, as Professor Slenzler reads), and explain
the former word as follows, 'dvavamau dvya.msa.rn tadasyastiti
dvyamst' Manu IX, 117.

10. Colebrooke 11. cit. u. Colebrooke V, Digest 68.

12. Colebrooke loc. cit. The meaning appears to be that no
brother is to select more than ten head of cattle.

13. Colebrooke V, Digest 69. ' But, as has been declared above
(Sutra n), one of each kind only. In the case of the v. 1. dvipa-
dan&m, the word pada (step) is used in the sense of the word pada
(foot).' Haradatta.

14. Colebrooke V, Digest 58 ; Manu IX, 123.



XXVIII, 21. INHERITANCE. 305

share of the eldest son is one bull (in case he be
born of a later-married wife) ;

15. (But the eldest son) being born of the
first-married wife (shall have) fifteen cows and one
bull;

1 6. Or (let the eldest son) who is born of a later-
married wife (share the estate) equally with his
younger (brethren born of the first-married wife).

17. Or let the special shares (be adjusted) in
each class (of sons) according to their mothers.

18. A father who has no (male) issue may appoint
his daughter (to raise up a son for him), presenting
burnt offerings to Agni (fire) and to Pra^apati (the
lord of creatures), and addressing (the bridegroom
with these words), ' For me be (thy male) offspring.'

19. Some declare, that (a daughter becomes) an
appointed daughter solely by the intention (of the
father).

20. Through fear of that (a man) should not
marry a girl who has no brothers.

21. Sapiwdas (blood relations within six degrees),
Sagotras (relations bearing a common family name),
(or) those connected by descent from the same /vVshi

15. Colebrooke loc. cit.; Manu IX, 124.

1 6. Colebrooke loc. cit.

1 7. Colebrooke V, Digest 59. ' After having divided the estate
into as many portions as there are wives who possess sons, and
having united as many shares as there are sons (of each mother),
let the eldest in each class (of uterine brothers) receive the additional
share of one-twentieth and so forth.' Haradatta.

18-19. Colebrooke V, Digest 225; Manu IX, 130-140.

20. Manu III, 1 1 ; Ya^wavalkya I, 53.

21. Colebrooke, Dayabhaga XI, 6, 25; MitaksharS II, I, 18;
V, Digest 440. My copies as well as Gimutav&hana and Vlgnz-
nejvara read in the text stri va, 'or the wife,' instead of stri a,

[2] X



GAUTAMA. XXVIII, 22.

(vaidika gotra), and the wife shall share (the estate)
of a person deceased without (male) issue (or an
appointed daughter).

22. Or (the widow) may seek to raise up offspring
(to her deceased husband).

23. (A son) begotten on a (widow) whose hus-
band's brother lives, by another (relative), is ex-
cluded from inheritance.

24. A woman's separate property (goes) to her
unmarried daughters, and (on failure of such) to poor
(married daughters).

25. The sister's fee belongs to her uterine bro-
thers, if her mother be dead.

26. Some (declare, that it belongs to them) even
while the mother lives.

27. The heritage of not reunited (brothers) de-

' and the wife.' Still the latter seems to be the reading recog-
nised by Haradatta, as he says, ' But the wife is joined together
(sarnu^iyate) with all the Sagotras and the rest. When the Sago-
tras and the rest inherit, then the wife shall inherit one share with
them, &c. Apastamba II, 6, 14, 2 ; ManuIX, 187; Ya^avalkya

Hi *35-i3 6 -

22. Colebrooke, Mitakshara II, i, 8, where this Sutra has, how-
ever, been combined with the preceding. See also above, XVIII,
4-8; ManuIX, 145-146, 190.

23. Colebroqke V, Digest 341 ; Manu IX, 144.

24. Colebrooke, Dayabhaga IV, 2, 13; Mitakshara I, 3, n;
II, 2, 4 ; V, Digest 490 ; Mayukha IV, 8, 1 2. See also Manu IX,
192 ; Y%avalkya II, 145.

25. Colebrooke, Dayabhaga IV, 3, 27 ; V, Digest 511; Mayukha
IV, 10, 32. 'The fee, i.e. the money which at an Asura, or ah
Arsha wedding, the father has taken for giving the sister away.
That goes after his (the father's) death to the uterine brothers of
that sister; and that (happens) after the mother's death. But
if the mother is alive (it goes) to her.' Haradatta.

26. Colebrooke V, Digest 511.

27. Colebrooke V, Digest 434. 'The word "eldest" is used



XXVIII, 34- INHERITANCE. 307



ceased (without male issue goes) to the eldest
(brother).

28. If a reunited coparcener dies (without male
issue) his reunited coparcener takes the heritage.

29. A son born after partition takes exclusively
(the wealth) of his father.

30. What a learned (coparcener) has acquired by
his own efforts, he may (at his pleasure) withhold
from his unlearned (coparceners),

31. Unlearned (coparceners) shall divide (their
acquisitions) equally.

32. A legitimate son, a son begotten on the wife
(by a kinsman), an adopted son, a son made, a son
born secretly, and a son abandoned (by his natural
parents) inherit the estate (of their fathers).

33. The son of an unmarried damsel, the son of
a pregnant bride, the son of a twice-married woman,
the son of an appointed daughter, a son self-given,
and a son bought belong to the family (of their
fathers).

34. On failure of a legitimate son or (of the)



to give an example. (The property) goes to the brothers, not
to the widow, nor to the parents. That is the opinion of the
venerable teacher.' Haradatta. Ya^zavalkya II, 134.

28. Mayfikha IV, 9, 15; Mann IX, 212-, Ya^avalkya
II, 138.

29. Colebrooke, Dayabhaga VII, 3; Manu IX, 216.

30. Colebrooke, Dayabhaga VI, i, 17; V, Digest 355; Mayu-
kha IV, 7, 10 ; Manu IX, 206; Ya^avalkya II, 119.

31. Colebrooke V, Digest 137 ; Manu IX, 205.

32-33. Colebrooke V, Digest 184 ; Manu IX, 166-178 ; Ya^a-
valkya II, 128-132. My best copy P. inserts another SQtra between
this and the following one, ete tu gotrabha^a^, ' but these (latter
six) belong to the family (only, and do not inherit).'

34. Colebrooke V, Digest 184. 'The residue of the estate

X 2



308 GAUTAMA. XXVIII, 35.

other (five heirs) they receive a fourth (of the
estate).

35. The son of a Brahmawa by a Kshatriya wife,
being the eldest and endowed with good qualities,
shares equally (with a younger brother, born of a
Brahmawi) ;

36. (But he shall) not (obtain) the additional
share of an eldest son.

37. If there are sons begotten (by a Brahmawa)
on wives of the Kshatriya and Vaisya castes (the
division of the estate between them takes place
according to the same rules) as (between) the (son
by a Kshatriya wife) and the son by a Brahmai.

38. And (the sons by a Kshatriya wife and by

goes to the Sapi</as. If it is here stated that the son of an
appointed daughter receives, even on failure of a legitimate son,
a fourth part of the estate only, that refers to the son of an ap-
pointed daughter of lower caste, i.e. to a son who is born, when
somebody makes the daughter of a wife of lower caste his ap-
pointed daughter, and does that by intent only.' Haradatta.

35. Colebrooke V, Digest 158; Manu IX, 149-153; Ya^a-
valkya II, 125. 'If the son of a Brahmawa by a Kshatriya wife
is endowed with good qualities and the eldest, then he shares
equally with a younger son by a Brahmai. For the one possesses
seniority by age and the other by caste.' Haradatta.

36. Colebrooke loc. cit. ' What is exclusive of the additional
share of the eldest, which has been declared above, Sutra 5, (that)
other (part) he shall obtain. The verb must be understood
from the context. Regarding a son by a Kshatriya wife who is
the eldest, but destitute of good qualities, the Mdnava Dharma-
jastra declares (IX, 152-153), ''Or (if no deduction be made),"
&c.' Haradatta. The sense in which the Sutra has been taken
above, agrees with the explanation of the Ratnakara adduced in
the Digest loc. cit., though the reading of the text followed there
seems to be different.

37-38. Colebrooke V, Digest 159. In the Digest V, 160. an
additional Sutra regarding the partition between the sons of a



XXVIII, 45- INHERITANCE. 309

a Vai.sya wife share in the same manner) if (they
have been begotten) by a Kshatriya (father).

39. The son by a ^udra wife even, if he be obe-
dient like a pupil, receives a provision for main-
tenance (out of the estate) of a (Brahmawa) deceased
without (other) male issue.

40. According to some, the son of a woman of
equal caste even does not inherit, if he be living
unrighteously.

41. tSVotriyas shall divide the estate of a childless
Brahma^a.

42. The king (shall take the property of men) of
other (castes).

43. An idiot and a eunuch must be supported.

44. The (male) offspring of an idiot receives (his
father's) share.

45. (Sons begotten) on women of higher castes
(by men of lower castes shall be treated) like sons
(begotten by a Brahmawa) on a 6udra wife.



Vaijya by Vaijya and .Sudra wives is quoted, which, however, is
not recognised by Haradatta.

39. Colebrooke V, Digest 169; Mayukha IV, 4, 30. '(The
word) of a Brahmawa must be understood (from Sutra 35).'
Haradatta.

40. Colebrooke V, Digest 316; Apastamba II, 6, 14, 15.

41. Colebrooke, Mitakshara II, 7, 3; Mayukha IV, 8, 25. ' The
expression "of a childless (Brahmaa)" includes by implication
(the absence) of SapiWas and other (heirs).' Haradatta. Sro-
triyas, i.e. Brahmaas learned in the Vedas. See also Manu
IX, 1 88.

42. Apastamba II, 6, 14, 5.

43. Colebrooke V, Digest 335; Manu IX, 201-202; Ya^/7a-
valkya II, 140.

44. Colebrooke loc. cit. ; Manu IX, 203; Ya^avalkya II, 141.

45. Colebrooke V, Digest 171, 335.

X 3



3 1 GAUTAMA. XXVIII, 46-53.

46. Water, (property destined for) pious uses or
sacrifices, and prepared food shall not be divided ;

47. Nor (shall a partition be made) of women
connected (with members of the family).

48. In cases for which no rule has been given,
(that course) must be followed of which at least ten
(Brahmawas), who are well instructed, skilled in
reasoning, and free from covetousness, approve.

49. They declare, that an assembly (parishad,
shall consist) at least (of) the ten following (mem-
bers, viz.) four men who have completely studied
the four Vedas, three men belonging to the (three)
orders enumerated first, (and) three men who know
(three) different (institutes of) law.

50. But on failure of them the decision of one
Srotriya, who knows the Veda and is properly in-
structed (in the duties, shall be followed) in doubtful
cases.

51. For such a man is incapable of (unjustly)
injuring or (unjustly) favouring created beings.

52. He who knows the sacred law obtains hea-
venly bliss, more than (other) righteous men, on
account of his knowledge of, and his adherence
to it.

53. Thus the sacred law (has been explained).

46. Manu IX, 219. For a fuller explanation of the terms yoga
and kshema, (property destined for) pious uses and sacrifices, see
Colebrooke, Mitakshara I, 4, 23.

47. Colebrooke, Mitakshara I, 4, 22; V, Digest 367; Mayukha
IV, 7, 19- A

49-51. Apastamba II, n, 29, 13-14; Manu XII, 108-113.
Three men belonging to the (three) orders enumerated first, i.e. a
student, a householder, and an ascetic, see above, III, 2.



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.* - * 1 s 1


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3 a .9 =?

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# S CD cc*

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05 ^ tn to t.









312



TRANSLITERATION OF ORIENTAL ALPHABETS



Online LibraryGeorg BühlerThe sacred laws of the Aryas : as taught in the schools of Apastamba, Gautama, Vasishtha and Baudhayana → online text (page 26 of 55)