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engage in battle.

20. The wives (of slain soldiers) shall be pro-
vided for.

21

22. A ferry shall be taken away (from a river) in
which there is no water.

23. A .Srotriya is free from taxes, (and so are)
a servant of the kin^, one who has no protector,



1 6. The Sutra has been left out, as the text is corrupt, and I am
unable to suggest any emendation. Kn'shapa</ita's explanation
is not worth giving.

17. 'The army which consists of companies of ten,' i.e. the
lowest subdivision of which consists of ten parts, viz. one elephant,
one chariot, two horsemen, and three foot soldiers. Such a body is
called a patti. The larger divisions, like the sen^mukha,' battalion,'
&c., are formed by three, nine, or twenty-seven pattis. Though I
am unable to adduce any positive proof for it, v&ha must, according
to the connexion in which it stands, be a synonym of patti. ' The
double duty ' of the army is, according to Kr;'shapa</ita, marching
and fighting.

21. The Sutra is utterly corrupt, and cannot be restored with the
help of the MSS. at my disposal. It probably referred to the
amount of duties to be levied on goods sold in the market.

22. The meaning of the Sutra seems to be, that on those rivers,
where the water either runs off or is very low during the dry season,
the ferrymen must not be allowed to exact a toll from people cross-
ing without their help. Such a rule would not be superfluous, as
most Indian rivers are perfectly fordable between December and
June, but impassable without boats in the other five months.

23. Apastamball, 10, 26, 10, 12-17; Manu VIII, 394. Kn'shna-



XIX, 29. DUTIES OF A KING.



99



one who has left (the order of householders), an
infant, a very aged man, a young man (who studies),
and pradatas ;

24. (Moreover widows) who return to their
former (family), unmarried maidens, and the wives
of servants,

25. He who swims with his arms (across a river
in order to escape payment of a toll at a ferry) shall
pay one hundred times (the amount due).

26. No taxes (shall be paid) on the usufruct of
rivers, dry grass, forests, (places of) combustion, and
mountains ;

27. Or those who draw their subsistence from
them may pay (something),

28. But he shall take a monthly tax from artisans.

29. And when a king has died, let him give what
is required for the occasion.

pamfita correctly points out that, though according to I, 43, all BrSh-
maas are to be free from taxes, the .Srotriya or Vaidik is mentioned
once more in order to show that a king, however distressed, must
not take anything from him (Manu VII, 133). Kr/shapa<fita
reads instead of pradatas, praditSraA, ' very liberal men.' Manu
loc. cit. exempts 'those who confer great benefits on priests of
eminent learning' from paying taxes. His emendation would, there-
fore, be acceptable if the word pradata^ did not occur in the same
connexion above, XI, 7.

24. Apastamba II, 10, 26, ii.

25. I read with the majority of the MSS. bahubhy&muttaraw&fca-
tagunaw dadyat.

26. Knshapa<fi . explains diha, ' (places of) combustion,' by
agni, ' fire.' I am not certain what he means thereby. To me it
seems most probable that Vasish//fca intends ' a place of cremation '
(dahasthala), though it is just possible to refer the expression to the
jungle fires, which the aboriginal tribes light in the forests, in order
to sow their Nagli in the ground manured by the ashes.

28. Gautama X, 31.

29. Kr/shapa<flta refers this and the following five Sutras to

H 2



100 VASISHrFA. XIX, 30.

30. It is hereby explained that (his) mother (must
receive) maintenance.

31. Let the king maintain the paternal and
maternal uncles of the chief-queen,

32. As well as her other relatives.

33. The wives of the (deceased) king shall receive
food and raiment,

34. Or if they are unwilling, they may depart.

35. Let the king maintain eunuchs and madmen,

36. Since their property goes to him.

37. Now they quote also a verse proclaimed by
Manu, which refers to duties and taxes, * No duty
(is paid) on a sum less than a Karshapaa, there
is no tax on a livelihood gained by art, nor on an
infant, nor on a messenger, nor on what has been
received as alms, nor on the remnants of property
left after a robbery, nor on a -Srotriya, nor on an
ascetic, nor on a sacrifice.'



the case where a king has conquered a foreign country ; compare
also Vishnu III, 47-48. I think that Sutras 30-31 conclusively
show that these rules are intended to regulate the conduct of a
king on the death of his predecessor and his own accession to the
throne.

34. Kr*shapa</ita thinks that the queens unwilling to accept a
bare subsistence may go wherever they like. I think the word used
in the text points rather to their becoming ascetics.

35. This rule refers apparently to eunuchs and insane persons
left with money, but without near relatives, with whom they are
united in interest. Vishmi III, 65.

37. I translate the one word julka by ' duties and taxes.' The
term has a great many different meanings in the law books, and is in
this verse apparently" used in two senses.' Kr/shapaw<fita is of a
different opinion, and thinks that the persons named are free from
paying a julka in case they trade. The chief objection is that
trading ascetics and .Srotriyas are not known to the ancient writers,
though they are common enough in modern India.



XIX, 46. DUTIES OF A KING. IOI

38. A thief becomes free from guilt by entering
(the royal presence) after (his deed and asking to be
punished).

39. But according to some (lawyers) he (who is
caught) with weapons in his hands, with stolen goods
in his possession, or covered with wounds is proved
(to be a criminal).

40. In case (a criminal) worthy of punishment is
allowed to go free, the king shall fast during one
(day and one) night ;

41. (And) his domestic priest during three (days
and) nights.

42. If an innocent man is punished, the domestic
priest (shall perform) a l&rikkkm penance ;

43. (And) the king (shall fast) during three (days
and) nights.

44. Now they quote also (the following verses):
1 The slayer of a learned Brahmawa casts his guilt
on him who eats his food ; an adulterous wife on
her (negligent) husband ; a student and a sacrificer
on an (ignorant) teacher (and officiating priest); and
a thief on the king (who pardons him).'

45. ' But men who have committed offences and
have received from kings the punishment (due to
them), go pure to heaven, and (become) as holy as
the virtuous.'

46. ' The guilt falls on the king who pardons an



38. This Sutra apparently alludes to a penitent thief who con-
fesses his crime and asks for punishment; see below, XX, 41.

39. Manu IX, 270; Narada V, 29-33 (Jolly). As given in the
MSS. and by Kr?shapa^ta, the Sutra is doubtlessly corrupt.
I read vraasampanno vyapadish/aA.

44. Identical with Manu VIII, 317.

45. Identical with Manu VIII, 318.



io2 VASisrir/fA. xix, 47.

offender. If he causes him to be slain, he destroys
sin in accordance with the sacred law.'

47. 'It is ordained that kings become at once
pure (by bathing) when they have done acts causing
death. They are likewise (pure while engaged in
business) not causing death. Time is the reason
for that.'

48. And with reference to this (matter) they
quote a verse proclaimed by Yama, ' No taint of
impurity, forsooth, falls on kings, on those engaged
in practising vows, or on those engaged in the per-
formance of sacrificial session (sattra) ; for (the first)
are seated on the throne of Indra, (and the others)
are always equal to Brahman.'

CHAPTER XX.

1. A penance (shall be performed) for an offence
committed unintentionally.

2. Some (declare that it shall be performed) also
for (a fault) committed intentionally.

3. ' The spiritual teacher corrects the learned ;
the king corrects the evil-minded ; but Yama, the
son of Vivasvat, forsooth, punishes those who offend
secretly.'

4. And among those (sinful persons), let him who
slept at sunrise stand during the (following) day and
recite the verse sacred to Savitn.

47. Vishwi XXII, 48 ; ManuV, 94.

48. Identical with Manu V, 93. ** ' Those engaged in practising
vows' are, according to Kulluka and Krzshapa<fita, students
learning the Veda.

XX. 1-2. Manu XI, 45; YagTiavalkya III, 226.
4. ' Among those,' i. e. the sinful men (enasvina^) enumerated
above, 1, 18 ; VisHu LIV, u.



io. PENANCES.



103



5. Let him who slept at sunset remain in a sitting
posture during the (next) night, likewise (reciting
the Gayatri).

6. But let a man with deformed nails or black
teeth perform a Krikkhra. penance of twelve days'
duration.

7. He whose younger brother married first shall
perform a Krix/s/ira. penance during twelve days,
marry and take to himself even that (woman whom
his brother wedded).

8. Now he who has taken a wife before his elder
brother shall perform a KrM&foa. penance and an
Atikrfc&ra penance, give (his wife) to that (elder
brother), marry again, and take (back) the same
(woman whom he wedded first).

9. The husband of a younger sister married
before her elder sister shall perform a Krikkhra.
penance during twelve days, marry and take to him
that (elder sister).

10. The husband of an elder sister married after
the younger one shall perform a Kri&/ira penance
and an Atikrzra penance, give (his wife) to that
(husband of the younger sister and marry again).

5-10. Manu XI, 201.

6. P.egarding the Krikkhra, penance, see below, XXI, 20.

7-8. VishwnLIV, 1 6. According to Krjshapar/ita both brothers
shall perform penances. The elder brother shall marry after his
penance is finished. The younger one shall offer his wife to the
elder, in order to atone for the slur put upon the elder. The latter
shall accept her for form's sake and return her to the younger
brother, who must once more wed her. Regarding the Atikr^&fcra
penance, see below, XXIV, 2.

io. Vishnu LI V, 1 6. Kr/shapa<fita thinks that he should many
another wife, but adds that others say that, after offering his wife
to the husband of the younger sister and receiving his permission,
he should wed her once more.



IO4 VASISH7WA. XX, ii.

11. We shall declare below (the penance pre-
scribed for) him who extinguishes the sacred fire.

12. He who has forgot the Veda (by neglecting
to recite it daily), shall perform a Y^rikkhrz. penance
of twelve days' duration, and again learn it from his
teacher.

13. He who violates a Guru's bed shall cut off
his organ, together with the testicles, take them
into his joined hands and walk tpwards the south ;
wherever he meets with an obstacle (to further pro-
gress), there he shall stand until he dies.

14. Or, having shaved all his hair and smeared
his body with clarified butter, he shall embrace the
heated (iron) image (of a woman). It is declared in
the Veda that he is purified after death.

15. The same (expiation is prescribed if the
offence was committed) with the wife of the teacher,
of a son, and of a pupil.

1 6. If he has had intercourse with a female (who
is considered) venerable in the family, with a female
friend, with the female friend of a Guru, with an
Apapatra female, or with an outcast, he shall per-
form a K>*&ira penance during three months.

17. The same (penance must be performed) for
eating food given by a .ATa#dala or by an outcast.
Afterwards the initiation (must be performed) once
more; but the tonsure and the rest may be omitted.



ii. See below, XXI, 27. 12. Vishmi LIV, 13.

13. Gautama XXIII, 10. 14. Gautama XXIII, 9, ii.

15-16. Gautama XXIII, 12.

16. Krz'shapa;ftfita explains sakhim, 'a female friend,' by
' a woman -who has affection (for the offender), i. e. a sister and
so forth/ Apapatras are low-caste people, whose vessels must not
be used ; see Apastamba I, i, 3, 25, note.



XX, 24. PENANCES. 1 05

1 8. And with reference to this (matter) they quote
a verse proclaimed by Manu, ' The tonsure, (the
tying on of) the sacred girdle, (the wearing of) a staff,
and the begging of alms, these acts may be omitted
on a second initiation.'

19. If (a Brahmawa) intentionally (drinks) other
spirituous liquor than that distilled from rice, or if
he unintentionally (drinks) spirituous liquor extracted
from rice (sura), he (must perform) a Kr&&Ara. and
an Atik*7ra, and, after eating clarified butter, be
initiated again.

20. The same (expiation is prescribed) for swal-
lowing ordure, urine, and semen.

21. If a Brahmawa drinks water which has stood
in a vessel used for (keeping) spirituous liquor, he
becomes pure by drinking, during three days, water
(mixed with a decoction) of lotus, Udumbara, Bilva,
and Pallia (leaves).

22. But a Brahmawa who repeatedly (and in-
tentionally partakes) of liquor extracted from rice,
shall drink (liquor of) the same (kind) boiling hot.
* He becomes pure after death.'

2 3. We will declare (who must be considered) the
slayer of a learned Brdhmawa (bhruwahan). He is
called Bhruwahan who kills a Brahma;*a or destroys
an embryo (the sex of) which is unknown.

24. ' For embryos (the sex of) which is unknown

18. Identical with Manu XI, 152, and Vishmi LI, 5.
19-20. Manu XI, 151 ; Vishnu LI, 2. Regarding the other of
liquors, see Manu XI, 95-96.

21. Manu XI, 148. 22. Gautama XXIII, i.

23. Gautama XXII, 1 3. It must be understood a real BrSh-
mawa who knows the Veda is meant.

24. ' Therefore they offer burnt-oblations for the production of
males/ i. e. they perform the Pu/asavana, one of the sacraments ;



io6 VAsisnr/fA. xx, 25.

become males ; therefore they offer burnt-oblations
for the production of males.'

25. Let the slayer of a learned Brahmawa kindle
a fire and offer (therein the following eight oblations,
consisting of portions of his own body),

26. The first (saying), ' I offer my hair to Death,
I feed Death with my hair;' the second (saying),
' I offer my skin to Death, I feed Death with my
skin ;' the third (saying), ' I offer my blood to Death,
I feed Death with my blood;' the fourth (saying),
' I offer my flesh to Death, I feed Death with my
flesh ;' the fifth (saying), ' I offer my sinews to
Death, I feed Death with my sinews ;' the sixth
(saying), ' I offer my fat to Death, I feed Death with
my fat;' the seventh (saying), ' I offer my bones to
Death, I feed Death with my bones;' the eighth
(saying), ' I offer my marrow to Death, I feed Death
with my marrow.'

27. (Or) let him (fight) for the sake of the king,
or for the sake of Brahmaas, and let him die in
battle with his face turned (to the foe).

28. It is declared in the Veda, '(A murderer) who
remains thrice unvanquished or is thrice defeated
(in battle) becomes pure.'

29. 'A sin which is openly proclaimed becomes
smaller.'

see e.g. A^valayana I, 13. The SiUra is marked as a quotation,
and probably belongs to some Yedic work.

25. Apastamba I, 9, 25, 12. 27. Gautama XXII, 8.

28. Apastamba I, 9, 24, 21.

29. Taken by itself the Satra would seem to refer to the maxim
that a free confession reduces the guilt of the offender (Manu XI,
228). But on account of the next Sana it is necessary to assume,
with Kr/shwapaw/ita, that half the guilt of a crime, of which another
man justly accuses an offender, fails on the accuser, while the



XX, 36. PENANCES. IO7

30. To this (effect) they quote also (the following
verse): ' By saying to an outcast, "O thou outcast!"
or to a thief, "O thou thief!" a man incurs a guilt
as great as (that of the offender). (If he) falsely
(accuses anybody of" such offences), his guilt will be
twice as great.'

31. In like manner having slain a Kshatriya, he
shall perform (a penance) during eight years,

32. For (killing) a Vaisya during six (years),

33. For (killing) a Sudra, during three (years),

34. For killing a female of the Brahmaaa caste
who is an Atreyl, and a Kshatriya or a Vawya,
engaged in a sacrifice (the same penance must be
performed as for killing a learned Brahmafta).

35. We will explain (the term) Atreyl. They
declare that she who has bathed after temporary
unclean ness is an Atreyl.

36. ' For if (the husband) approaches her at that
(time), he will have offspring.'



offender's guilt becomes less by the publication of his misdeed.
It is, however, not improbable that the text is here defective, and
one or several Sutras have been left out.

30. Gautama XXI, 17-18.

31. Vishmi L, 12. The text is here evidently defective. The
Sutra or Sutras left out must have contained the description of
another penance for the murder of a Brahmana, which is mentioned
in nearly all the Smrz'tis (see Vishnu L, 1-6, 15, and the parallel
passages). Its chief conditions are, that the murderer is to live
separate for twelve years, and to subsist on alms given by people
who are acquainted with his crime. Without such an additional
rule this and the following Sutras are utterly unintelligible.

32. Vishmi L, 13. 33. Vishwu L, 14.
34. Vishmi L, 7, 9.

36. The author means to say that the word Streyi is derived
from atra, ' at that time,' and the verb i, ' to approach.' The ety-
mology is worthy of the Nirukta.



I08 VASISHr/fA. XX, 37.

37. (For killing a female of the Brahmawa caste)
who is not an Atreyi, (the penance prescribed) for
the murder of a Kshatriya (must be performed),

38. (For killing) a female of the Kshatriya caste,
(the penance prescribed) for the murder of a Vaisya,

39. (For killing) a female of the Vabya caste, (the
penance prescribed) for the murder of a .Sudra.

40. (For killing) a female of the ^udra caste (let
him perform) during one year (the penance prescribed
for the murder of a Brahmawa).

41. If a man has stolen gold belonging to a
Brah'mawa, he shall run, with flying hair, to the
king, (exclaiming) 'Ho, I am a thief; sir, punish
me ! ' The king shall give him a weapon made of
Udumbara wood ; with that he shall kill himself.
It is declared in the Veda that he becomes pure
after death.

42. Or (such a thief) may shave off all his hair,
anoint his body with clarified butter, and cause
himself to be burnt from the feet upwards, in a fire
of dry cowdung. It is declared in the Veda that he
becomes pure after death.

43. Now they quote also (the following verses) :
' Hear, (how) the bodies of those who having com-
mitted various crimes died a long time ago, and
were (afterwards) born again, are (marked);'



37-40. Gautama XXII, 17.

41. Vishnu LII, 1-2. Kr*shapa<fita remarks that -Sulapawi
explains audumbaram, ' made of Udumbara wood/ by ' made of
copper,' and that the weapon intended is a club. The last remark
is probably true, as the parallel passages of the other Smri'tis
state that the thief is to take a club to the king, with which he is
to be struck.

XV

42. Apastamba I, 9, 25, 6.



XXI, I. PENANCES. IO9

44. ' A thief will have deformed nails, the mur-
derer of a Brali ma#a will be afflicted with white
leprosy, but he who has drunk spirituous liquor will
have black teeth, and the violator of his Guru's bed
will suffer from skin diseases.'

45. Property received from outcasts, after forming
alliances with them either by (teaching) the Veda
(and by sacrificing) or by marriage, must be relin-
quished. Let him not associate with such (men).

46. It is declared in the Veda that (he who has
associated with outcasts) becomes pure by reciting
the Sawhita (of his Veda), proceeding in a northerly
direction and fasting.

47. They quote also (a verse) to this (effect), 'A
sinner is liberated from guilt by tormenting his body,
by austerities, and by reciting the Veda ; he becomes
also free by bestowing gifts. That has been declared
in the Veda.'

CHAPTER XXI.

i. If a -Stidra approaches a female of the Brah-
maa caste, (the king) shall cause the ^Sudra to be
tied up in Virata grass and shall throw him into a
fire. He shall cause the head of the Brahmawf to be
shaved, and her body to be anointed with butter;
placing her naked on a black donkey, he shall cause
her to be conducted along the highroad. It is de-
clared that she becomes pure (thereby).

44. Manu XI, 49; Vishu XLV, 4, 5, 6.

45. Vishmi LIV, 28. 46- Manu XI, 194.

XXI. 1-5. Gautama XXIII, 15. Kr/shapafita reads, instead
of prasyet, ' he shall throw,' pr&yet, and explains it by dahayet,
' he shall cause to be burnt.' It must be understood that these



IIO VASISHrtfA. XXI, 2.

2. If a Vabya approaches a female of the Brah-
niawa caste, (the king) shall cause the Vawya to be
tied up in Lohita grass and shall throw him into a
fire. He shall cause the head of the Brahmawi to be
shaved, and her body to be anointed with butter ;
placing her naked on a yellowish donkey, he shall
cause her to be conducted along the highroad. It
is declared in the Veda that she becomes pure
(thereby).

3. If a Kshatriya approaches a female of the
Brahmawa caste, (the king) shall cause the Ksha-
triya to be tied up in leaves of .Sara grass and shall
throw him into a fire. He shall cause the head of
the Brahmawl to be shaved, and her body to be
anointed with butter ; placing her naked on a white
donkey, he shall cause her to be conducted along
the highroad. It is declared in the Veda that she
becomes pure (thereby).

4. A VaLsya who offends) with a female of the Ksha-
triya class (shall be treated) in the same manner,

5. And a .Sudra (who offends) with females of the
Kshatriya or Vaisya castes.

6. If (a wife) has been mentally unfaithful to
her husband, she shall live on barley or rice boiled
in milk during three days, and sleep on the bare
ground. After the three days (have expired), the
(husband) shall offer eight hundred burnt-oblations,
(reciting) the Sdvitrl (and the Mantra called) 61ras,
while she is immersed in water. It is declared in
the Veda that she becomes pure (thereby).

extreme punishments are to be inflicted in particularly bad cases
only.

6. ' Afterwards in order to purify her who is immersed in water,
i. e. has plunged into water, he shall offer eight hundred, i. e. (such)



Ill



XXI, 10. PENANCES.

7. If (a wife) has held an (improper) conversation
(with another man), she must perform the same
penance during a month. After (the expiration of)
the month, (the husband) shall offer four times eight
hundred burnt-oblations, (reciting) the Savitrl (and
the Mantra called) Siras, while she is immersed in
water. It is declared in the Veda that she becomes
pure (thereby).

8. But if (a wife) has actually committed adultery,
she shall wear during a year a garment smeared
with clarified butter, and sleep on a mat of Kara
grass, or in a pit filled with cowdung. After (the ex-
piration of) the year, (the husband) shall offer eight
hundred burnt-oblations, (reciting) the Savitrl (and
the Mantra called) 6'iras, while she is immersed in
water. It is declared in the Veda that she becomes
pure (thereby).

9. But if she commits adultery with a Guru, she
is forbidden (to assist her husband) in (the fulfil-
ment of) his sacred duties.

10. But (these) four (wives) must be abandoned,
(viz.) one who yields herself to (her husband's) pupil
or to (his) Guru, and especially one who attempts

a number of burnt-oblations with the -Slras, i. e. (the words) " Om,
ye waters, who are splendour, juice, and ambrosia," &c., which
are joined to the Gayatri.' Kr*'shapa#</ita. The Siras, or 'head/
is again mentioned below, XXV, 13; see also Vishmi LV, 9. This
and the following two rules refer to offences committed with
males of equal caste.

9. Ya^wavalkya I, 70. Colebrooke IV, Dig. LXXVT, where
a different reading, vyavayatirthagamanadharmebhyaA, has
been adopted, and the Sutra has been combined with the next The
first clause may also be translated, ' If she actually commits adul-
tery, (and especially) if she converses with a Guru.'

10. Colebrooke loc. tit; Manu IX, 80; Ya^lavalkya 1, 72.



112 VASISHr/TA. XXI, ir.

the life of her lord, or who commits adultery with
a man of a degraded caste.

11. That woman of the Brahmawa caste who
drinks spirituous liquor, the gods will not admit
(after death) to the same abode with her husband ;
losing all spiritual merit she wanders about in this
world and is born again as a leech or a pearl-oyster.

12. The wives of Brahmawas, Kshatriyas, and
Vaisyas who commit adultery with a 5*udra may be
purified by a penance in case no child is born (from
their adulterous intercourse), not otherwise.

1 3. (Those who have committed adultery) with a
man of lower caste shall perform a KrMAra, penance,
succeeded by one, two, or three A'andrayawas.

14. Faithful wives who are constantly pure and
truthful (reside after death) in the same abodes with



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