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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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tion must be honoured.

57. (But) each earlier named (quality) is more
venerable than (the succeeding ones).,

58. If he meets aged men, infants, sick men, load-
carriers, women, and persons riding in chariots, he

49. Apastamba I, 2, 8, 29-30. 50. Gautama XXI, 12.

51. Apastamba 1, 10, 29, 14.

53. Manu II, 238; Yag-wavalkya III, 261.

54. Vishmi XXVIII, 29, 31. ' 56, Vishmi XXXII, 16.
58-59. Vishmi LXIII, 51.


must make way (for them, i.e.) for each later (named
before those enumerated earlier).

59. If a king and a Snataka meet, the king must
make (way) for the Snataka.

60. ^.11 (must make way) for a bride who is being
conveyed (to her husband's house).

6 1 . Grass, room (for resting), fire, water, a welcome,
and kind words never fail in the houses of good men.


1. Now, therefore, we will declare what may be
eaten and what may not be eaten.

2. Food given by a physician, a hunter, a woman
Of bad character, a mace-bearer, a thief, an AbhLyasta,
a eunuch, (or) an outcast must not be eaten,

3. (Nor that given) by a miser, one who has per-
formed the initiatory ceremony of a vSrauta-sacrifice,
a prisoner, a sick person, a seller of the Soma-plant, a
carpenter, a washerman, a dealer in spirituous liquor,
a spy, a usurer, (or) a cobbler,

4. Nor (that given) by a .Sudra,

5. Nor (that given) by one who lives by his

6. Nor (that given) by the (kept) paramour of a

61. Apastamba II, 2, 4, 14; Gautama V, 35-36.

XIV. 2. Vishnu LI, 7, 10-11. Da^ka, 'a mace-bearer,' may
mean ' a police officer ' or ' a messenger.' I read with MSS. Bh.
and F. shandfia., ' a eunuch,' instead of jaMa, ' a rogue,' the reading
of the other MSS. and of Kr*shapart<fita.

3. Vishmi LI, 8-9, 12, 19 ; Gautama XVII, 17. I write su^aka,
' a spy,' instead of su^ika, ' a tailor,' according to the other Smn'tis,
e. g. Vishnu LI, 12 ; Apastamba I, 6, 18, 30

4. Apastamba I, 6, 1 8, 13. 5. Apastamba I, 6, 1 8, 19.
6. Vishnu LI, 16 ; Gautama XVII, 18. I read with the majority

76 VASISH'rtfA. XIV, 7.

married woman, or by a husband who allows a
paramour (to his wife),

7. Nor (that given) by an incendiary,

8. Nor (that given) by (a ruler) who does not slay
those worthy of capital punishment,

9. Nor (food) offered publicly with these words,
' Who is willing to eat?'

10. Nor food given by a multitude of givers, or
by harlots, and so forth.

TI. Now they quote also (the following verse):
' The gods do not eat (the offerings) of a man who
keeps dogs, nor of him whose (only) wife is of the
.Sudra caste, nor of him who lives in subjection to
his wife, nor of (a husband) who (permits) a paramour
(of his wife to reside) in his house.'

12. He may accept (the following presents even)
from such (people, viz.) firewood, water, fodder,
Kura grass, parched grain, (food) given without
asking, a vehicle, (shelter in) the house, small fish,
millet, a garland, perfumes, honey, and meat.

13. Now they quote also (the following verse):
' For the sake of a Guru, when he desires to save
his wife (and family from starvation), when he wishes
to honour the gods or guests, he may accept (presents)
from anybody; but let him not satisfy his (own hunger)
with such (gifts).'

of the MSS. ya^opapatiwz [pattiwz F.] manyate, instead of B.'s and
Kr*'shapa<fita's ya.ropari manyate.

9. Apastamba I, 6, 18, 17.

10. Vishwu LI, 7. 'And so forth (iti), i.e. by cruel men and
the like.' Kr*'shapam/ita.

11. Vishmi LI, 15.

12. Gautama XVII, 3; Vishnu LVII, 10.

13. Vithmi LVII, 13; Manu IV, ^51.


14. Food given by a hunter who uses the bow
must not be rejected.

15. For it is declared in the Veda, ' At a sacrificial
session (sattra), which lasted one thousand years,
Agastya went out to hunt. He had sacrificial cakes
prepared with the meat of beasts and fowls good
(to eat).'

1 6. With reference to this (subject) they quote
also some verses proclaimed by Pra^-apati, ' Pra^a-
pati (the Lord of created beings) has declared that
food freely offered and brought (by the giver himself)
may be eaten, though (the giver) be a sinful man, pro-
vided the gift has not been asked for beforehand.'

1 7. ' Food offered by a man who has faith must
certainly be eaten, even though (the giver) be a
thief, but not that given by (a Brahmawa) who sacri-
fices for many and who initiates many.'

1 8. 'The manes do not eat during fifteen years
(the food) of that man who disdains a (freely offered
gift), nor does the fire carry his offerings (to the

19. ' But alms, though offered without asking, must
not be accepted from a physician, from a hunter, from
a surgeon or a (very) wicked man, from a eunuch, and
from a faithless wife.'

20. Fragments of food left by other persons than
the teacher must not be eaten,

21. Nor remnants of one's own (meal) and food
touched by leavings,

15. Manu V, 22-23. I connect vi^wayate with this Sutra, instead
of with the preceding one, as Krtsnaapa*<fita does.

16. Vishmi LVII, 1 1 ; Manu IV, 248 ; Apastamba I, 6, 19, 14.

1 8. Vishmi LVII, 12 ; Manu IV, 249 ; Apastamba I, 6, 19, 14.

19. Apastamba I, 6, 19, 15. 20. Vishmi XXVIII, n.

72 VASISH77/A. XIV, 22.

22. Nor (food) defiled by contact with a garment,
hair, or insects.

23. But at pleasure he may use (such food) after
taking out the hair and the insects, sprinkling it with
water, dropping ashes on it, and (after it has been
declared) fit for use by the word (of a Brahma#a).

24. With reference to this (subject) they quote
also some verses proclaimed by Pra^pati, ' The gods
created for Brahmawas three means of purifying
(defiled substances), viz. ignorance (of defilement),
sprinkling (them) with water, and commending (them)
by word of mouth.'

25. ' Let him not throw away that food which, at a
procession with images of the gods, at weddings, and
at sacrifices, is touched by crows or dogs/

26. ' After the (defiled) portion has been removed,
the remainder shall be purified, liquids by straining
them, but solid food by sprinkling it with water.'

2 7. ' What has been touched by the mouth of a
cat is even pure.'

28. (Cooked food which has become) stale (by
being kept), what is naturally bad, what has been
placed once only in the dish, what has been cooked
more than once, raw (food), and (food) insufficiently
cooked (must not be eaten).

29. But at pleasure he may use (such food) after
pouring over it sour milk or clarified butter.

22. Apastamba I, 5, 16, 28 ; Gautama XVII, 9.

23. Vishmi XXIII, 38; Ya^wavalkya I, 189.

24. Ya^navalkya I, 191.

26. Vishnu XXIII, 30. Kr*'shapa<#ta thinks that pldvanena,
4 by straining them (through a cloth),' may also mean ' by heating
them on the fire.'

28. Gautama XVII, 13, and note, 15-16.

29. Mar.u V, 24.


30. With reference to this (subject) they quote
also some verses proclaimed by Pra^pati, 'A Brah-
maa shall not eat clarified butter or oil which drips
from the nails (of the giver). Yama has declared
such (food to be) impure ; (to eat it is as sinful) as
to partake of cow's flesh.'

31. 'But fatty substances, salt, and condiments
proffered with the hand do not benefit the giver, and
he who partakes of them will eat sin/

32. ' Let him give, therefore, such substances
placed on a leaf or on grass, but never with his
hands or in an iron vessel.'

33. For eating garlic, onions, mushrooms, turnips,
vS'leshmantaka, exudations from trees, the red sap flow-
ing from incisions (in trees or plants), food pecked at by
crows or worried by dogs, or the leavings of a -Sudra,
an Atikrt&/ira. (penance must be performed).

34. (Let him not drink) the milk of a cow that is
in heat, nor of one whose calf has died,

35. Nor that which cows, buffalo-cows, and goats
give during the first ten days (after giving birth to
young ones),

36. Nor water collected at the bottom of a boat.

37. Let him avoid wheat-cakes, (fried) grain,
porridge, barley-meal, pulse -cakes, oil, rice boiled
in milk, and ^vegetables that have turned sour (by

33. Vishmi LI, 34, 36; Gautama XVII, 32-33. Regarding
the Atikn'^ra penance, see below, XXIV, i.

34. Vishmi LI, 40. For other explanations of the term san-
dhinl, ' a cow that is in heat,' see Apastamba I, 5, 17, 23 ; Vishmi
LI, 40.

35. Vishnu LI, 39. The Sutra implies that the milk of other
animals must not be drunk under any circumstances.

37-3 8 - Vishmi LI, 35, 42.

74 VASISHrJTA.. XIV, 38.

38. Likewise other kinds of (sour) food prepared
with milk and barley-flour.

39. Among five-toed animals, the porcupine, the
hedgehog, the hare, the tortoise, and the iguana may
be eaten,

40. Among (domestic) animals those having teeth
in one jaw only, excepting camels.

41. And among fishes, the long-nosed crocodile,
the Gavaya, the porpoise, the alligator, and the crab
(must not be eaten),

42. Nor those which are misshaped or have heads
like snakes,

43. Nor the bos Gaurus, the Gayal, and the

44. Nor those that have not been (specially men-
tioned (as fit for food),

45. Nor milch-cows, draught-oxen, and animals
whose milk teeth have not dropped out.

46. It is declared in the Va^asaneyaka, that (the
flesh of) milch-cows and oxen is fit for offerings.

47. But regarding the rhinoceros and the wild
boar they make conflicting statements.

48. And among birds, those who seek their food
by scratching with their feet, the web-footed ones,
the Kalavihka, the water-hen, the flamingo, the

39. Gautama XVII, 27. Haradatta on Apastamba and Gau-
tama explain jvSvidh, ' the porcupine/ to be a kind of boar, and
jalyaka, ' the hedgehog,' to be ' the porcupine.'

40. Vishnu LI, 30; Manu V, 18.

41-42. Gautama XVII, 36 ; Apastamba I, g, 17, 38-39.
43. Apastamba I, 5, 17, 29. 44. ManuV, 11,17.

45. Gautama XVII, 30-31. 46. Apastamba I, 5, 17, 31.
48. Gautama XVII, 34-35; Vishnu LI, 28-31. I read mdn-
dhala, ' the flying fox/ while Kr/'shrcapan^ita gives mSghara, a


Brahmawl duck, the Bhasa, the crow, the blue pigeon,
the osprey, the Aataka, the dove, the crane, the
black partridge, the grey heron, the vulture, the
falcon, the white egret, the ibis, the cormorant, the
peewit, the flying-fox, those flying about at night,
the woodpecker, the sparrow, the Railataka, the
green pigeon, the wagtail, the village-cock, the parrot,
the starling, the cuckoo, those feeding on flesh, and
those living about villages (must not be eaten).


1. Man formed of uterine blood and virile seed
proceeds from his mother and his father (as an effect)
from its cause,

2. (Therefore) the father and the mother have
power to give, to sell, and to abandon their (son).

3. But let him not give or receive (in adoption)
an only son ;

4. For he (must remain) to continue the line of
the ancestors.

5. Let a woman . neither give nor receive a son
except with her husband's permission.

6. He who desires to adopt a son, shall assemble

reading which he cannot explain. The MSS. read as follows:
B. E. mdghdra, Bh. F. madhaw, L O. 913 (/i/Abh)andha (naktaw).
Haradatta on Apastamba I, 5, 17, 33 explains plava, 'the water-
hen,' to be a kind of heron, called also jaka/abila.

XV. 1-9. Vyavaharamayfikha IV, 5, 16; Colebrooke V, Digest
CCLXXIII; Dattakamimawsa IV, 14; V, 31-40.

3. Colebrooke, Mitdkshard I, 1 1, 1 1 ; Dattakamimdflzsd IV, 2-3.

4. Dattakamimawsa IV, 4. I. e. to offer funeral sacrifices to
his ancestors and to have sons who do it after him.

5. Dattakamimawzsd I, 15; IV, 9.

6. Colebrooke, Mitakshard I, n, 13, and note; Dattakamt-

76 VASISHrHA. XV, 7.

his kinsmen, announce his intention to the king, make
burnt-offerings in the middle of the house, reciting
the Vyahmis, and take (as a son) a not remote kins-
man, just the nearest among his relatives.

7. But if a doubt arises (with respect to an adopted
son who is) a remote kinsman, (the adopter) shall set
him apart like a .Sudra.

8. For it is declared in the Veda, ' Through one
he saves many/

9. If, after an adoption has been made, a legiti-
mate son be born, (the adopted son) shall obtain a
fourth part,

10. Provided he be not engaged in (rites) pro-
curing prosperity.

m&nsa II, 51 ; Dattaka&mdrild II, n. * To the king,' i.e. to the
person who holds the village, either to the king of the country or
to the feudal chief (Thakor) who holds it under the sovereign.
' Reciting the Vyahn'tis,' i. e. saying with the first oblation Qm
svaha, with the second Om bhuva^ svaha, with the third Om
svahi, and with the fourth Om bh., bh., sv. svdha; see
Vyavaharamayukha IV, 5, 42. 'A not remote kinsman, just the
nearest among his relatives/ i. e. a boy as nearly related as possible,
in the first instance a SapiWa, on failure of such a one, a Sama-
nodaka or a Sagotra.

7. DattakamimawzsEt II, 18 ; Dattakaandrik& II, n. 'If a doubt
arises,' i. e. if the adopter afterwards feels uncertain regarding the
caste or other qualifications of his adopted son. ' Set him apart
like a Sudra/ i. e. shall neither have him initiated nor employ him
for any sacred rites.

8. Dattaka&mdrikd II, n.

9. Colebrooke, MitaksharS I, n, 24. DattakamlmS/TzsS X, i;
Dattaka^andrika II, n ; V, 17. For the explanation of the term
' a fourth part,' see Colebrooke, Mitakshara" I, 77.

10. 'Rites procuring prosperity,' i. e. .Sraddhas, expiatory rites,
&c. See also above, III, 71, and Gautama XI, 17. According to
Krzshapa<?ita the estate is in this case to be divided equally
between the legitimate son and the adopted son. An entirely


11. He who divulges the Veda (to persons not
authorised to study it), he who sacrifices for Sudras,
(and all those) who have fallen from the rank of
the highest caste (shall be excommunicated by the
ceremony of) emptying the water-vessel

12. A slave or the son of a wife of a lower caste,
or a relative not belonging to the same caste, who
is destitute of good qualities, shall fetch a broken
pot from a heap of vessels unfit for use, place Kusa.
grass, the tops of which have been cut off, or Lohita
grass (on the ground), and empty the pot for the
(outcast, overturning it) with his left foot;

13. And the relatives of the (outcast), allowing
their hair to hang down, shall touch him who
empties (the pot)*

14. Turning (when they leave) their left hands
towards (that spot), they may go home at pleasure.

15. Let them not afterwards admit the (excom-
municated person) to sacred rites.

1 6. Those who admit him to sacred rites become
his equals.

17. But outcasts who have performed (the pre-
scribed) penance (may be) readmitted.

1 8. Now they quote also (the following verse) :

different explanation, 'Provided (the estate) may not have been
expended in acts of merit/ is given Dattaka^andrika* V, 17-18.
It is doubtlessly erroneous, for ' the estate ' is nowhere mentioned in
the preceding Sutras.
n. Gautama XX, i.

12. Gautama XX, 4. ' For the (outcast),' i. e. pronouncing his
name, and saying, ' I deprive N. N. of water.'

13. Gautama XX, 5. Kr*'shapa</ita takes the Sutra differently,
but his explanation is refuted by the parallel passage of Gautama
and Haradatta's commentary thereon.

14. Gautama XX, 7. 15. Gautama XX, 8-9.

78 VASISH7V7A. XV. ig.

' Let him walk before those who readmit him, like
one gamboling and laughing. Let him walk behind
those who excommunicate him, like one weeping
and sorrowing.'

19. Those who strike their teacher, their mother,
or their father may be readmitted in the following
manner, either after being pardoned by the (persons
offended) or after expiating their sin.

20. Having filled a golden or an earthen vessel
(with water taken) from a sacred lake or river, they
pour (the water) over him, (reciting the three verses)
' Ye waters are ' &c.

21. All the (other ceremonies to be performed on
the) readmission of one who has bathed (in this
manner) have been explained by (those ordained on)
the birth of a son.


1. Now (follow the rules regarding) legal pro-

2. Let the king (or) his minister transact the
business on the bench.

3. When two (parties) have a dispute, let him
not be partial to one of them.

20. Gautama XX, 10-14. I read ' puwyahraddt/ instead of
' purahradaV as the MSS. and Kn"shapadita have. The passage
of the Veda referred to occurs Rig-veda X, 9, i.

21. I. e. the person readmitted shall receive all the various
sacraments just like a new-born child.

XVI. 2. Vishmilll, 72-73. Kn'shapa/ita gives a second expla*
nation of the Sutra, which also appears admissible, ' Let the king
transact the business on the bench, taking counsel (with learned
Br&hmawas as assessors);' see Vishmi III, 72.

3. Translated as above the Sutra is nearly equivalent to Gautama


4. Let him reason properly regarding an offence ;
finally the offence (will become evident thereby).

5. He who properly reasons regarding an offence,
in accordance with the sum of the science of the
first two castes, is equitable towards all created

6. And let him protect what has been gained ;

7. (Likewise) the property of infants (of the) royal

XI, 5. But the phrase 'when two parties have a dispute' may
also indicate, as Krrsrmapa/zrfita suggests, that the king or judge
shall not promote litigation, see Gautama XIII, 27. As Kr;sha-
pa<flta states, the Sutra may, however, mean also, ' When one case
is being argued, let him not begin another (without finishing the
first);' see Manu VIII, 43. Owing to the particular nature of the
Sutra style and the inclination of the Brahrnanical mind to double-
entendres, I do not think it improbable that the author may have
intended, both in this and in the preceding Sutras, that his words
should be interpreted in two ways.

4. Gautama XI, 23-24. I divide the words of the text, as
follows, 'yathasanam (i. e. yathi-asanam) apar&dhohi; antena
aparadha^,' and interpolate syit at the end of the first clause.

5. Kr*shapa</ita wrongly divides this Sutra into two, and
wrongly adopts the reading of MSS. B. and E., consequently he
obtains a sense only by the most astonishing tricks of interpreta-
tion. I read with MSS. Bh. and F., yathasanam aparadhohyjldya-
varaayor vidyantata-fc, to which the reading of I. O. 913 Sdya-
varwayor vidhanataA points also. The meaning of the expression,
' according to the sum of the science of the first two castes,' I take
to be according to the rules of sacred learning and of the mimawsS,
which is peculiar to the Brahraanas and of logic (anvikshiki) and
polity (da/ttfeniti), which are peculiar to or at least recommended
to the particular attention of the Kshatriyas.

6. I read with MSS. Bh. and F., sa/wpanna/w a rakshayet. I con-
sider this Sutra to contain an admonition addressed to the king for
himself; see Manu VII, 99. Kn'shapa<fita and B. read sapattraw
/fca rakshayet, ' Let him protect that which is attested by writings,'
i. e. the donations of former kings, attested by writings; see Vishnu
III, 83.

7. Kr*shapa<fita thinks that the rule refers to the property of


8. (Likewise the property) of persons unfit to
transact legal business (minors, widows, and so

9. But if (a minor) comes of age, his property
must be made over to him.

10. ' It is declared in the Smmi that there are
three kinds of proof which give a title to (property,
viz.) documents, witnesses, and possession ; (thereby)
an owner may recover property which formerly be-
longed to him (but was lost).'

11. From fields through which (there is a right
of) road (a space sufficient for the road) must be set
apart, likewise a space for turning (a cart).

12. Near new-built houses (and) other things (of
the same description there shall be) a passage three
feet broad.

13. In a dispute about a house or a field, reliance
(may be placed on the depositions of) neighbours.

14. If the statements of the neighbours disagree,
documents (may be taken as) proof.

the infant children of a hostile king who has been conquered and
slain. It is, however, not improbable that it has a wider sense, and
exhorts the king to look after the property of the children of his
predecessor and of deceased feudal barons.
8-9. Gautama X, 48 ; Vishnu III, 65.

10. Yi^wavalkya II, 22.

1 1. Kr/shapa^ita quotes in illustration of this Sutra the foltow-
ing passage of -Sahkha and Likhita : ' In a field through which
(there is a right of) road, (space) for the road must be set apart, and
on the king's high-road a space sufficient for turning a chariot.'

12. Arthantareshu, 'near other things (of the same descrip-
tion)/ means, according to Kr/shwapaw^ta, ' near pleasure-gardens
and the like.' No doubt, buildings of all kinds, fenced or walled
gardens, and so forth are meant I read tripadama'tram.

13. Manu VIII, 258, 262 ; Y%wavalkya II, 150, 152, 154.


15. If conflicting documents are produced, reliance
(may be placed) on (the statements of) aged (inhabi-
tants) of the village or town, and on (those of) guilds
and corporations (of artisans or traders).

1 6. Now they quote also (the following verse):
' Property inherited from a father, a thing bought,
a pledge, property given to a wife after marriage by
her husband's family, a gift, property obtained for
performing a sacrifice, the property of reunited co-
parceners, and wages as the eighth.'

1 7. Whatever belonging to these (eight kinds of
property) has been enjoyed (by another person) for
ten years continuously (is lost to the owner).

1 8. They quote also (a verse) on the other side*:
'A pledge, a boundary, and the property of minors, an
(open) deposit, a sealed deposit, women, the property
of a king, (and) the wealth of a 6rotriya are not lost
by being enjoyed (by others).'

19. Property entirely given up (by its owner) goes
to the king.

20. If it be otherwise, the king with his ministers
and the citizens shall administer it.

15. Manu VIII, 259.

1 6. In translating anvSdheya by 'property given to a wife by
her husband or his family after marriage,' I have followed Ksha-
pa<fita's explanation. It may, however, mean also 'a deposit to be
delivered to a third person' (anvahita or anvadhi). Pratigraha,
'a gift,' is elsewhere explained as 'property promised, but not
actually given.'

1 7 . Ya^nnvalkya II, 2 4 ; see also Vishnu V, 1 8 7 ; Manu VIII, 148.

1 8. Identical with Manu VIII, 149 ', Ya^navalkya II, 25.

19. Manu VIII, 30.

20. ' If it be otherwise,' i. e. if the owner gave his property
up temporarily only, e. g. went on a journey or a pilgrimage, leaving
it without anybody to take care of.


82 VASISHTtfA. XVI, 21.

21. A king will be superior even to Brahman if
he lives surrounded by servants (who are keen-eyed)
like vultures.

22. But a king will not be exalted if he lives sur-
rounded by servants (who are greedy) like vultures.

23. Let him live surrounded by servants (who are
keen-eyed) like vultures, let him not be a vulture
surrounded by vultures.

24. For through his servants blemishes become
manifest (in his kingdom),

25. (Such as) theft, robbery, oppression, and (so

26. Therefore let him question his servants before-

27. Now (follow the rules regarding) witnesses :

28. 6rotriyas, men of unblemished form, of good
character, men who are holy and love truth (are fit
to be) witnesses,

29. Or (men of) any (caste may give evidence)
regarding (men of) any (other caste).

30. Let him make women witnesses regarding
women ; for twice-born men twice-born men of the
same caste (shall be witnesses), and good -Sudras for
.Sudras, and men of low birth for low-caste men.

31. Now they quote also (the following verse):
' A son need not pay money due by a surety, any-
thing idly promised, money due for losses at play
or for spirituous liquor, nor what remains unpaid of
a fine or a toll.'

32. 'Depose, O witness, according to the truth ;
expecting thy answer, thy ancestors hang in suspense ;

28. Vishu VIII, 8; Ya^wavalkya II, 68; Maim VIII, 62-63.

29. Y%avalkya II, 69. 30. Manu VIII, 68.
31. VishmiVI, 41; Manu VIII, 159; Y%wavalkya II, 47.


(in accordance with its truth or falsehood) they will
rise (to heaven) or fall (into hell).'

33. ' Naked and shorn, tormented with hunger
and thirst, and deprived of sight shall the man who
gives false evidence go with a potsherd to beg food
at the door of his enemy.'

34. ' He kills five by false testimony regarding a

Online LibraryGeorg BühlerThe sacred laws of the Aryas : as taught in the schools of Apastamba, Gautama, Vasishtha and Baudhayana → online text (page 35 of 55)