Georg Bühler.

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

. (page 36 of 55)
Online LibraryGeorg BühlerThe sacred laws of the Aryas : as taught in the schools of Apastamba, Gautama, Vasishtha and Baudhayana → online text (page 36 of 55)
Font size
QR-code for this ebook

maiden ; he kills ten by false testimony regarding
kine ; he kills a hundred by false evidence regarding
a horse, and a thousand by false evidence regarding
a man.'

35. (Men) may speak an untruth at the time of
marriage, during dalliance, when their lives are in
danger or the loss of their whole property is immi-
nent, and for the sake of a Brahmawa ; they declare
that an untruth spoken in these five cases does not
make (the speaker) an outcast.

36. Those who give partial evidence in a judicial
proceeding for the sake of a relative or for money,
deprive the ancestors of their spiritual family and
those of their natural family of their place in heaven.

33. Identical with Manu VIII, 93.

34. Identical with Marra VIII, 98. Regarding the explanation
of the words 'he kills,' sec Mann VIII, 97, and Haradatta on
Gautama XIII, 14.

35. Gautama XXIII, 29. Between this and the preceding
Sutras the MSS. as well as Kr/shapan<fita insert another one,
which is so corrupt that I arri unable to translate it Kr*shf*apaw-
rfita's explanation is opposed to all rules of interpretation, and not
worth giving.

36. This verse, too, is corrupt, though the general sense is not
doubtful. I read sva^anasyarthe yadi varthahetoA pakshimyewaiva
vadanti karyam Iff -jabdavawwasya kulasya purvan gvargaathitaTn-
stanapi patayanti. ' The ancestors of their spiritual family,' i. e. the
teacher, the teacher's teacher, and so forth.

G 2

84 VASISHIWA. xvn, T.


1. The father throws his debts on the (son) and
obtains immortality if he sees the face of a living

2. It is declared in the Veda, ' Endless are the
worlds of those who have sons ; there is no place for
the man who is destitute of male offspring.'

3. There is a curse (in the Veda), ' May our
enemies be destitute of offspring.'

4. There is also (the following) passage of the
Veda, ' May I obtain, O Agni, immortality by

5. ' Through a son he conquers the worlds, through
a grandson he obtains immortality, but through his
son's grandson he gains the world of the sun.'

6. There is a dispute (among the wise; some
say), 'The son belongs to the husband of the wife;'
(and some say), ' The son belongs to the begetter.'

7. With respect to this (matter) they quote also
on both sides verses like the following :

8. (Some say), ' If (one man's) bull were to beget
a hundred calves on another man's cows, they would
belong to the owner of the cows ; in vain would the
bull have spent his strength.'

XVII. i. Identical with Vishwu XV, 45 ; Manu IX, 107 ; Cole-
brooke V, Dig. CCCIV.

2. The latter part of the quotation occurs Aitareya-brahma^a

VII, 3> 9-

3. Rig-veda I, 21,5.

4. Rig-veda V, 4, 10; Taittirtya-sawhita I, 4, 46, i.

5. Identical with Manu IX, 137, and Vishwu XV, 46.

6. The same point is argued Manu IX, 31-56.
8. Identical with Manu IX, 50.


9. (Others say), 'Carefully watch the procreation
of your offspring, lest strangers sow seed on your
soil; in the next world the son belongs to the
begetter; (by carelessness) a husband makes (the
possession of) offspring in vain.'

10. If amongst many brothers who are begotten
by one father, one have a son, they all have offspring
through that son ; thus says the Veda.

IT. If among many wives of one husband, one
have a son, they all have offspring through that son;
thus says the Veda.

12. Twelve (kinds of) sons only are noticed by
the ancients.

13. The first (among these is the son) begotten
by the husband himself on his legally married wife.

14. The second is the son of a wife (who is be-
gotten) on failure of the (first) on a (wife or widow
duly) authorised (thereto, by a kinsman).

15. The third is an appointed daughter.

9. Apastaraba II, 6, 13, 7.

10. Vishmi XV, 42. n. Vishwu XV, 41.

12. Colebrooke V, Dig. CXCII1; Vishnu XV, i. Elsewhere
the expression purawadrish/a^, ' noticed by the ancients,' has been
taken to mean ' seen in the Purawa ' (' the holy writ,' Colebrooke).

13. Colebrooke V, Dig. CXCIII ; Vishmi XV, 2.

14. Colebrooke V, Dig. CCXXX; Vishnu XV, 3.

15. Colebrooke V, Dig. CCIII ; Mitakshara I, n, 3; Vyava-
hara Mayukha IV, 4, 43. The curious fact that Vasish/Aa here
calls the appointed daughter a son may perhaps be explained by
a custom which, though rarely practised, still occurs in Kajrnir,
and by which a brotherless maiden is given a male name. A his-
torical instance of this kind is mentioned in the R%utarahgi!,
where it is stated that Kalydadevi, princess of Gau</a and wife
of king Gayapu/a, was called by her father Kalyaamalla. When
I collated this passage with the help of a Kajmirian, I was told
that a certain Brahmawa, still living in .Srinagar, had changed the

86 VASISH77JA. XVII, i6.

1 6. It is declared in the Veda, 'A maiden who
has no brothers comes back to the male ancestors
(of her own family) ; returning she becomes their son.'

1 7. With reference to this (matter there is) a verse
(to be spoken by the father when appointing his
daughter), ' I shall give thee a brotherless damsel,
decked with ornaments ; the son whom she may
bear, shall be my son.'

1 8. The fourth is the son of a remarried" woman.

19. She is called remarried (punarbhu)who leaving
the husband of her youth, and having lived with
others, re-enters his family ;

20. And she is called remarried who leaving an
impotent, outcast or mad husband, or after the death
of her husband takes another lord.

2 1 . The fifth is the son of an unmarried damsel.

22. They declare that the son whom an unmarried
damsel produces through lust in her father's house,
is the son of his maternal grandfather.

name of his only child, a daughter called Amri, to the corresponding
masculine form, Amar^, in order to secure to himself through her
the same spiritual benefits as if he had a son. It seems to me not
improbable that VasishMa's Sutra alludes to the same legal fiction,
and that he recommends in the first instance that the father is to
make his daughter a son by changing her name, and next to secure
for himself her son, by the verse quoted Sutra 17.

16. ColebrookeV, Dig. CCIII, where the preceding Sutra has
been placed after this. Compare Rig-veda 1, 124, 5.

17. Cojebrooke V, Dig. CCXVI; Mitakshard I, u, 3 ; Ddya-
bh^ga X, 4; Vyavahara Mayfikha IV, 4, 43 ; Vishmi XV, 5.

1 8. Vishnu XV, 7.

19. Narada XII, 48 (Jolly), where, however, kaumara/r, patim
has been wrongly translated by ' an infant husband.'

20. Manu IX, 175.

21. ColebrookeV, Dig. CCLIX; Vishmj XV, TO.

22. ColebrookeV, Dig. CCLIX; Viahwu XV, u.


23. Now they quote also (the following verse):
' If an unmarried daughter bear a son begotten by
a man of equal caste, the maternal grandfather has
a son through him ; he shall offer the funeral cake,
and take the wealth (of his grandfather).'

24. (A male child) secretly born in the house is
the sixth.

25. They declare that these (six) are heirs and
kinsmen, preservers from a great danger.

26. Now among those (sons) who are not heirs,
but kinsmen, the first is he who is received with
a pregnant bride.

27. (The son of a damsel) who is married pregnant
(is called) a son received with the bride (sahofl^a).

28. The second is the adopted son,

29. (He) whom his father and his mother give
(in adoption).

30. (The son) bought is the third.

31. That is explained by (the story of) Suna/i-

32. ' Hari^andra, forsooth, was a king. He
bought the son of Aflgarta Sauyavasi.

33. The fourth is (the son) self-given.

24. Vishnu XV, 13.

25. 'From a great danger/ i. e. 'from the danger 'of losing
heaven through failure of the funeral oblations.'

26. Vishnu XV, 15. 28. Vishnu XV, 18.
29. Vishmi XV, 19. 3- Vishnu XV, 20.

32. The MSS. and editions read the last word of the Sutra as
follows: B. vikriyya; Ben. ed. vikriya; Bh. E. F. vikradya; Calc,
ed. and I. O. 913 vikrayya svayaw kritavan. I believe that, as
the letters a and va'are constantly mistaken by the copyists the
one for the other, the original reading was ikraya. Regarding
the story told in this Sutra and continued below, Sutra 35, see
Max Miiller, History of Ancient Sanskrit Literature, pp. 408-416
and 573-588.

33. Vishnu XV, 22.

88 vASisnr/fA. xvn, 34.

34. That is (likewise) explained by (the story of)

35. * .SiinaAyepa, forsooth, when tied to the sacri-
ficial stake, praised the gods ; there the gods loosened
his bonds. To him spoke (each of) the officiating
priests, " He shall be my son." He did not agree
to their (request. Then) they made him make (this)
agreement, " He shall be the son of him whom he
chooses." Vi.rvcimitra was the Hotrt priest at that
(sacrifice). He became his son.'

36. The son cast off is the fifth.

37. (He is called so) who, cast off by his father
and his mother, is received (as a son).

38. They declare that the son of a woman of the
^udra caste is the sixth. These (six) are kinsmen,
not heirs.

39. Now they quote also (the following rule) :
' These (last-mentioned) six (sons) shall take the
heritage of him who has no heir belonging to the
first-mentioned six (classes).

40. Now (follow the rules regarding) the partition
of the (paternal) estate among brothers :

41. And (let it be delayed) until those (widows)
who have no offspring, (but are supposed to be
pregnant), bear sons.

42. Let the eldest take a double share,

43. And a tithe of the kine and horses.

36-37. ColebrookeV, Dig. CCXC; Vishwu XV, 24-25.
38. Colebrooke V, Dig. CCXCII; Dattaka^andrika V, 14 ; Vishmi
XVII, 27; Manu IX, 178-179; Gautama XXVIII, 39.

40. ColebrookeV, Dig. L; Vyavaha*ra Mayukha IV, 4, 37.

41. Colebrooke V, Dig. CXVII ; VyavaharaMayiikha IV, 4, 37.
42-45. ColebrookeV, Dig. L; Dayabhaga II, 41; Gautama

XXVIII, 9 and 5-7.


44. The goats, the sheep, and the house belong
to the youngest,

45. Black iron, the utensils, and the furniture to
the middlemost.

46. Let the daughters divide the nuptial present
of their mother.

47. If a Brahmawa has issue by wives belonging
to the Brahmawa, Kshatriya, and Vai.$ya classes

48. The son of the Brahmawa wife shall receive
three shares,

49. The son of the Kshatriya wife two shares,

50. The other (sons) shall inherit equal shares.

51. And if one of the (brothers) has gained
something by his own (effort), he shall receive a
double share.

52. But those who have entered a different order
receive no share,

53. Nor (those who are) eunuchs, madmen, or

54. Eunuchs and madmen (have a claim to)

55. The widow of a deceased person shall sleep

46. Colebrooke V, Dig. CCCCXCII; DayabMga IV, 2, 15;
VishmiXVII, 21.

47-50. Colebrooke V, Dig. CLIV; Vishmi XVIII, 1-5.

51. Colebrooke V, Dig. LXXV, CXXXVIII, CCCLVI; Daya-
bblga II, 41 ; Vyavahra Mayukha IV, 7, 8. ' By his own effort,' i.e.
by learning or disputations with learned men, by bravery in battle, &c.

52. Colebrooke V, Dig. CCCXXXVIII ; Mitakshard II, 8, 7;
!j 3 ' VyavahSra Mayukha IV, u, 5. The persons intended are
a perpetual student, a hermit, and ascetic.

53. VyavahSra Mayukha IV, n, 10.

54. Vyavaha"ra Mayukha IV, n, 10 ; Vishmi XV, 33.

55. 'Practising religious vows,' i.e. 'eating only once a day,
and so forth.' Kr*shaparfita.


on the ground during six months, practising religious
vows and abstaining from pungent condiments and

56. After the completion of six months she shall
bathe, and offer a funeral oblation to her husband.
(Then) her father or her brother shall assemble the
Gurus who taught or sacrificed (for the deceased)
and his relatives, and shall appoint her (to raise issue
to her deceased husband).

5 7. Let him not appoint a (widow who is) mad,
ill-conducted, or diseased.

58. Nor one who is very aged.

59. Sixteen years (after maturity is the period
for appointing a widow) ;

60. Nor (shall an appointment be made) if the
(male entitled to approach the widow) is sickly.

6 1. Let him approach (the widow) in the muhurta
sacred to Pra^apati, (behaving) like a husband, without
(amorously) dallying with her, and without abusing
or ill-treating her.

62. Let her obtain (the expenses for) food, raiment,
baths, and unguents from (the estate of) her former

63. They declare that a son begotten on (a widow
who has) not been (duly) appointed, belongs to the

56. Gautama XVHI, 4-7. The Gurus intended are the teacher,
sub-teachers (upadhyaya), and officiating priests.

57. Av&yam, ' ill-conducted,' may also mean ' out of her mind
through grief or any other passion.' The former explanation has
been adopted by Krzsrmapa</ita, whom I have followed above.

61. Manu IX, 60. Regarding the muhurta sacred to Pra^apati,
see above, XII, 47.

63. Gautama XVIII, 9-12.


64. If she was (appointed, the child belongs) to
both the males connected with the appointment.

65. No appointment (shall be made) through a
desire to obtain the estate.

66. Some say, ' Or, one may appoint (a widow out
of covetousness), after imposing a penance. 1

67. A maiden who has attained puberty shall
wait for three years.

68. After three years (have passed), she may take
a husband of equal caste.

69. Now they quote also (the following verses) :
' But if through a father's negligence a maiden is
here given away after the suitable age has passed,
she who was waiting (for a husband) destroys him
who gives her away, just as the fee which is paid
too late to the teacher (destroys the pupil).'

70. ' Out of fear of the appearance of the menses
let the father marry his daughter while she still runs
about naked. For if she stays (in the house) after
the age of puberty, sin falls on the father.'

64. Gautama XVIII, 13. 'To both the males connected with
the appointment/ i.e. to the deceased husband for whose sake
the appointment is made, and to the natural father of the child, to
whom the widow is made over.

6g. Colebrooke, Mitdkshard II, i, n. Kr/shapafita thinks
that the Sutra forbids an appointment which is made with the inten-
tion to secure the estate or a share of the estate of the natural
father, from whom the kshetra^a son inherits also (Y%navalkya
II, 127). But it seems equally probable that it is intended to pre-
vent a widow from agreeing to an appointment in order to obtain
control over her husband's estate.

66. Kr/shwapaw/fita thinks that the rule refers to all cases of

67-68. Vishnu XXIV, 40, and note.

70. Gautama XVIII, 23.


71. 'As often as the courses of a maiden, who is
filled with desire, and demanded in marriage by men
of equal caste, recur, so often her father and her
mother are guilty of (the crime of) slaying an embryo;
that is a rule of the sacred law.'

72. ' If the betrothed of a maiden die after she
has been promised to him verbally, and by (a libation
of) water, but before she was married with (the reci-
tation of) sacred texts, she belongs to her father

73. ' If a damsel has been abducted by force, and
not been wedded with sacred texts, she may lawfully
be given to another man ; she is even like a maiden.'

74. ' If a damsel at the death of her husband had
been merely wedded by (the recitation of) sacred
texts, and if the marriage had not been consummated,
she may be married again.'

75. The wife of an emigrant shall wait for five years.

76. After five years (have passed), she may go
(to seek) her husband.

77. If for reasons connected with spiritual or with
money matters she be unwilling to leave her home,
she must act in the same manner as if (her husband
were) dead.

78. In this manner a wife of the Brahma#a caste
who has issue (shall wait) five years, and one who
has no issue, four years ; a wife of the Kshatriya
caste who has issue, five years, and one who has no
issue, three years ; a wife of the Vai^ya caste who

71. Colebrooke IV, Dig. XVI; Dayabhdga XI, a, 6; Ya^wa-
v alky a I, 64.

72. Colebrooke IV, Dig. CLXXIV.

75-76. Colebrooke IV, Dig. CLVI, where the Stitras have been
altered intentionally; Gautama XVIII, 15-12.


has issue, four years, and one who has no issue, two
years ; a wife of the .Sudra caste who has issue, three
years, and one who has no issue, one year.

79. After that among those who are united (with
her husband) in interest, or by birth, or by the
funeral cake, or by libations of water, or by descent
from the same family, each earlier named person is
more venerable than the following ones.

80. But while a member of her family is living,
she shall certainly not go to a stranger.

8 1. Let the Sapi^as or the subsidiary sons divide
the heritage of him who has no heir of the first-
mentioned six kinds.

82. On failure of them the spiritual teacher and
a pupil shall take the inheritance.

83. On failure of those two the king inherits.

84. But let the king not take (the estate) of a

85. For the property of a BrAhmawa is a terrible

86. ' Poison they do not call the (worst) poison :
the property of a Brdhmawa is said to be the (most
destructive) poison. Poison destroys only one person,
but the property of a Brahmawa (him who takes it)
together with sons and grandsons.'

79. The persons intended are, (i) brothers united in interest
with her husband and other coparceners, (2) separated brothers of
the husband, (3) separated blood-relations of the husband within
six degrees, (4) separated blood-relations of the husband within
fourteen degrees, and (5) persons bearing the same family name
or, in the case of Brahmaas, descended from the same 7?/shi.

8 1. Gautama XXV1I1, 21; Vishwu XVII, 10. The subsidiary
sons are those mentioned above, 26-38, who under ordinary cir-
cumstances do not inherit ; see also above, Sutra 39, and Gautama

82. Apaslamba II, 6, 14, 3. 83-84. Vishu XVII, 13.

94 VASiSHrffA. xvn, 87.

87. He should give it to men who are well versed
in the three Vcdas.


1 . They declare that the offspring of a .Sftdra and of
a female of the Brahmawa caste becomes a A'aWala,

2. (That of a -Sudra and) of a female of the Ksha-
triya caste, a Varna,

3. (That of a .Sildra and) of a female of the Vai-fya
caste, an Antyavasayin.

4. They declare that the (son) begotten by a
Vaisya on a female of the Brahma^a caste becomes
a Ramaka,

5. (The son begotten by the same) on a female of
the Kshatriya caste, a Pulkasa.

6. They declare that the (son) begotten by a
Kshatriya on a female of the Brahma^a caste becomes
a Suta.

7. Now they quote also (the following verse) :
' One may know by their deeds those who have been
begotten secretly, and to whom the stigma of springing
from unions in the inverse order of the castes attaches,
because they are destitute of virtue and good conduct.'

87. Vishnu XVII, 14.

XVIII. i. Vishmi XVI, 6.

4. Kmhwapaffttfta reads Romaka, 'a Roman,' for R&maka,
and the B. MS. supports him. The other MSS., including I. O.
913, give tht reading adopted above. I prefer it, as there is no
reason to assume that the Vasish/Aa Dharmajastra belongs to the
late period when the Hindus had become aware of the existence of
the Roman empire. On the other hand, it may be urged that
Romaka is a correction which would easily suggest itself to a
Pandit, who was unable to find a parallel passage in which the
word Ramaka occurs.

6. Vishmi XVI, 6. 7. Manu X, 40.


8. (Children) begotten by Brdhmaas, Kshatriyaa,
and Vai^yas on females of the next lower, second
lower, and third lower castes become (respectively)
AmbashAfcas, Ugras, and Nishadas.

9. (The son of a Brahmana and) of a .Sudra
woman (is) a Para^ava.

10. They declare that the condition of a Parana va
is that of one who, though living, is (as impure) as
a corpse.

11. Some call that .Sudra race a burial-ground

12. Therefore (the Veda) must not be recited in
the presence of a 6*udra.

13. Now they quote also the (following) verses,
which Yama proclaimed :

' The wicked .Sudra-race is manifestly a burial-
ground. Therefore (the Veda) must never be recited
in the presence of a .Sudra/

14. ' Let him not give advice to a .Sudra, nor what
remains from his table, nor (remnants of) offerings
(to the gods) ; nor let him explain the holy law to
such a man, nor order him (to perform) a penance.'

15. 'He who declares the law to such a man, and
he who instructs him in (the mode of) expiating (sin),
sinks together with that very man into the dreadful
hell, (called) Asa^vrzta.'

1 6. 'If ever a worm is produced in an open wound
(on his body), he shall purify himself by the Pra^a-
patya penance, and give gold, a cow, (and) a garment
as presents (to Brahmaas).'

8. Gautama IV, 16.

10. I omit the words Java iti mrrtakhyi, 'a corpse is another
name for one who has died/ as an interpolation.

ri. Apastamba I, 3, 9, 9. ia, Vishnu XXX, 14.

14-15. Identical with Manu IV, 80-81.

1 6. A Pr%apatya penance, i. e. a KrifcWra, see below, XXI, 20.


17. Let him not approach a wife of the
caste after he has built the fire-altar for a 6rauta-

1 8. For a .Sudra-wife who belongs to the black
race, (is espoused) for pleasure, not in order to fulfil
the law.


1 . The particular duty of a king is to protect (all)
beings ; by fulfilling it (he obtains) success (in this
world and in the next).

2. Those learned (in the sacred law) declare that
to be free from fear and pity is, indeed, a life-long
sacrificial session (sattra, to be performed by the

3. Therefore let him appoint a domestic priest
to (perform the rites) obligatory on the order of

4. It is declared in the Veda, ' A realm where a
Brahmawa is appointed domestic priest, prospers ; '

5. For thus both (the special duties of a king and
those of a householder) will be fulfilled,

6. And (the king alone is) unable (to do both).

7. Let the king, paying attention to all the laws
of countries, (subdivisions of) castes ("ati) and
families, make the four castes (van/a) fulfil their
(respective) particular duties.

The verse belongs rather to the section on penances, and seems to
have been entered here merely because it stood in Yatna's text
with the other two, and the author, to use a homely Indian com-
parison, ' did not disdain to catch a fish, though he went to fetch

XIX. i. Vishmi III, 2. 2. Manu VIII, 306.

3. Vishnu III, 70. 4. Gautama XI, 14.

7. Vishnu III, 3 : Gautama XI, 20.



8. Let him punish those who stray from (the path
of duty).

9. But punishment must be awarded in cases of
assault and abuse after (due consideration of) the
particular place and time (where and when the
offence was committed), of the duties, age, learning
(of the parties), and the seat (of the injury),

10. In accordance with (the precepts of) the
(sacred) records and with precedents.

11. Let him not injure trees that bear fruit or

12. (But) he may injure them in order to extend
cultivation and (for sacrifices).

1 3. The measures and weights of objects necessary
for households must be guarded (against falsification).

14. Let him not take property for his own use
from (the inhabitants of) his realm.

15. The measures and price (of such property)
only shall be liable to deductions (in the shape of

8. Vishmi III, 37.

9. Gautama XII, 51. KrzshapaWita has two Sutras instead of
one, and reads the second hi/nsaknwayoA kalpa^. The majority of
the MSS. have, however, kalpa"(^), which I consider to be a mistake
for kalpya^, ' must be awarded.'

11. Vishmi V, 55-56. The meaning of the Sutra is that the
king is to punish those who commit such acts.

12. The explicit permission to cut down trees for sacrificial
purposes is given Vishu LI, 63.

13. Manu Vin, 403.

14-15. The translation of these two Sutras is not certain,
because the words nfhdra and naiharika are not found elsewhere in
the sense which has been attributed to them here. Still I think it
very probable that Kr*shapa<fita's explanation nirhara and nirhaTe
sadhu is right, and that the king is exhorted not to take the property
of his subjects by force, but to levy taxes according to the value or
the measure of the articles sold.


98 VASiSHrtfA. xix, 16.


17. On the march against the enemy the army
which consists of companies of ten, shall be able to
perform a double (duty).

1 8. In every (camp) there shall be places where
water is distributed

19. Let him make one hundred men at the least

Online LibraryGeorg BühlerThe sacred laws of the Aryas : as taught in the schools of Apastamba, Gautama, Vasishtha and Baudhayana → online text (page 36 of 55)