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cattle he kills five ; by false testimony concerning
kine he kills ten/

1 He kills a hundred by false evidence regarding
horses, (and) a thousand by false evidence con-
cerning a man. A witness who speaks falsely,
destroys the whole (world) by false evidence con-
cerning land.'

8. Manu VIII, 18-19.

9. I read, with the Telugu copy of the commentary, sakshiwaw
tvevam uddish/am. All the MSS. of the text and C. I. read sak-
shiaw daivam uddish/am. Govinda's explanation, adhuna" nir-
dish/an skshia evam pnfttted iti padanvaya^, ' the construction
of the words is, "let him now ask the appointed witnesses in the
following manner," ' agrees with the reading adopted.

10. VasishMa XVI, 32-33.

11. ' Three fathers and three grandfathers,' i.e. seven ancestors.

12. Vasish/fa XVI, 34. Regarding the explanation of the

2O4 BAUDHAVANA. I, 10, 19.

13. (Men of) the four castes (varwa) who have
sons may be witnesses excepting .Srotriyas, the king,
ascetics, and those who are destitute of human

14. If (the witness rightly) recollects (the facts of)
the case (he will receive) commendation from the
most eminent men.

15. In the contrary case (he will) fall into hell.

1 6. Let him (who has given false evidence), drink
hot milk during twelve (days and) nights or offer
burnt oblations (reciting) the Kushma^/a (texts).

words 'he kills,' see ManuVIII, 97, and Haradatta on Gautama
XIII, 14.

13. Vasish/Aa XVI, 28-30. The text has ra^anya, 'members
of the royal family.' feut the parallel passages of other Dharma-
sutras, e. g. Vishwu VIII, 2, make it probable that the king is

14. Apastamba II, n, 29, 10. Govinda takes the Sutra dif-
ferently. His commentary runs as follows : sakshidvaye sati rftgna.
tatpurushalr a kiaa kartavyam ity ata aha 11 smn'tau pradhanataA
pratipattiA II pradhdnyatas taponirdish/avidyddibhi^ t tadva^anat pra-
tipattir nij^ayaA kSrya ityadhyahara^ kSrya^ II 'What shall the
king and his officers do, if there are two witnesses ? In order to
answer this question he says : " On recollection, according to pre-
eminence, reliance." According to pre-eminence,, i. e. on account
of austerities, (being) appointed (as a witness), learning and the
like ; in accordance with the evidence of such person's conviction,
L e. the decision must be made. The latter word has to be under-
stood.' Govinda then goes on to quote Manu VIII, 73.

15. Apastamba II, 1 1, 29, 9. Govinda and M. read kartr/patyam
for kartapatyam, the reading of the Dekhan and Gujarat MSS.
The explanation of the former term is said to be doshaA, ' sin.'
Regarding the ancient word kartapatya, which Govinda and the
writer of M. have not understood, see Haradatta on Apastamba
I, 2, 5, j.

1 6. In accordance with his explanation of Sdtra 14, Govinda
thinks that this penance is to be performed by the king and the
judges in case they fail to weigh the evidence properly. But

I, II, 20. MARRIAGE. 205


1. (There are) eight marriage-rites.

2. If (the father) gives (his daughter) to a student
(who has not broken his vow of chastity and) who
asks for her, after fully enquiring into his learn-
ing and character, that (is) the rite of Brahman

3. If (the father gives his daughter away) after
clothing her and decking her with ornaments, (say-
ing) ' That (is thy wife), fulfil the law (with her),'
that (is) the rite of Pra^pati (pr%ipatya).

4. If (the bridegroom) after offering the first burnt
oblation of parched grain (receives the maiden)
for a bull and a cow, that is the rite of the /fo'shis

5. If (a maiden is given) to an officiating priest
within the sacrificial enclosure, while the presents
are being taken away, that (is) the rite of the gods

according to ManuVIII, 106, Vishmi VIII, 16, the oblations with
the Kushma</as (Taitt. Ar. X, 3-5) are to be offered for uttering
in evidence a venial falsehood. That is, no doubt, here, too, the
real meaning.

20. t. Vishmi XXIV, 17.

2. Vasish/^a I, 30. The word brahmaMrin has, no doubt, as
Govinda too contends, been used in the double sense of ' a student
of the Veda ' and ' chaste.'

3. Vish/m XXIV, 22.

4. Vasish//fca I, 32. ' After the first of the burnt oblations of
parched grain, which are prescribed for weddings, has been offered,
the bridegroom shall give to him who has power over the maiden
a bull and a cow, and receive them back together with the (bride).'

5. VasishMa I, 31. According to this rule the damsel is given

2O6 BAUDHAYANA. I, n, 20.

6. The union of a lover with a loving damsel (is
called) the rite of the Gandharvas (gdndharva).

7. (If the bridegroom receives the maiden) after
gladdening (the parents) by money, (that is) the rite
of the Asuras (asura).

8. (If the maiden is wedded) after being forcibly
abducted, (that is) the rite of the Rakshasas

9. If one has intercourse with (a maiden) who is
sleeping, intoxicated, or out of her senses (with fear
or passion and weds her afterwards, that is) the rite
of the Pisa>as (palra^a).

10. Among these (eight rites) the four first (named)
are (lawful) for a Brahma#a. Among these also each
earlier named is preferable.

II- Among the (four) later (named rites) each
succeeding one is more sinful (than the preceding

12. Among these the sixth and the seventh agree
with the law of the Kshatriyas. For power is their

as part of the sacrificial fee (dakshiS) to one of the priests after
a sacrifice has been completed. Govinda adds that the recipient
has to accept the gift with the six mantras, 'pra.g'Spati stiiy&m
yara^,' Taitt. Brahmaa II, 4, 6, 5. In his commentary on the
passage Sayaa makes the same statement. Govinda adds that in
this case as well as in those mentioned in the following Sutras the
regular marriage ceremony must be performed later.

6. Vasish//5a I, 33. 7. VasishMa I, 35.

8. Vasish/fta I, 34. 9. Vishmi XXIV, 26.

10. Vishmi XXIV, 27.

12. Vishmi XXIV, 28; Vasish/Aa I, 29, 34. The meaning of
the last clause is that as, according to 1, 10, 18, 3, Brahman placed
power in the Kshatriyas, they may adopt marriage rites by which
a disregard of conventionalities or strength is displayed.


13. The fifth and the eighth (are lawful) for
Vaityas and Sudras.

14. For Vaisyas and .Sudras are not particular
about their wives,

1 5. Because they are allowed (to subsist by such
low occupations as) husbandry and service.

1 6. Some recommend the Gandharva rite for all
(castes), because it is based on (mutual) affection.


1. The Veda declares, ' The quality of the offspring
depends on the quality of the marriage rite.'

2. Now they quote also (the following verses) :
1 It is declared that a female who has been pur-
chased for money is not a wife. She cannot (assist)
at sacrifices offered to the gods or the manes.
K&yapa has stated that she is a slave.'

13. 'I.e. the fifth for Vairyas and the eighth for .Sudras.'

14. 'Those whose spouse, i.e. wife, is not restrained, i.e. not
fixed by rule, are called not particular about their wives. The
meaning is that there is oneness (dSreshvaikyam) with respect to
wives, that fixed rules regarding them there are none {niyamas
tesha/w na bhavati).' Govinda.

15. '"Husbandry" includes also trade and the like. Because
those two (castes) are permitted to pursue low occupations, there-
fore their marriage rites are of the same description. That is
what the author intends to say.' Govinda.

21. i. Apastamba II, 5, 12, 4.

2. Vasish/Aa I, 36-38. Govinda inserts after the words 'Now
they quote also/ two Sutras in prose : i . ' Ten virtuous sons and
daughters (spring) from a Daiva marriage, ten from a Pra^apatya
marriage. It is declared in the Veda that the son of a wife wedded
according to the Brahma rite (sanctifies) ten ancestors, ten de-
scendants, and oneself.' 2. ' The power of learning the Veda also

2O8 BAUDIlAYANA. T, u, 21.

3. ' Those wicked men who, seduced by greed,
give away a daughter for a fee, who (thus) sell
themselves and commit a great crime, fall (after
death) into a dreadful place of punishment and
destroy their family down to the seventh (genera-
tion). Moreover they will repeatedly die and be
born again. All (this) is declared (to happen), if
a fee (is taken).'

4. On the day of the full moon, on the eighth day
(of each half month), on the day of the new moon,
on the appearance of a meteor, on the occasion of
an earthquake, on visiting a burial-ground, and on
the death of the king of the country, of a 6rotriya
or of one who has the same Guru (satlrthya), the
study of the Veda must be discontinued for a day
and a night.

5. (The study of the Veda must be interrupted)
while (a strong) wind (blows), a foul smell (is per-
ceptible), or hoar-frost (lies on the ground), when
dancing (is going on), and while the sounds of
singing, musical instruments, weeping, or of the
Saman (melodies are audible).

6. When thunder, lightning, and rain come toge-
ther, (the interruption shall last) three days except
in the rainy season.

belongs to such sons.' None of my MSS. of the text has these
words, and they are suspicious, because the phrase ' Now they
quote also' usually precedes verses only. The Dekhan and
Gujarat MSS., except K., omit these and the next Sutra too.

4. Vasish/Aa XIII, 22, 32-35; Vishmi XXX, 23. Govinda ex-
plains agnyutpdta, * on the appearance of meteor/ by ' if a fire
breaks out in the village.'

5. Vasish/>4a XIII, 17, 30; Vishmi XXX, 7, 13 ; Apastamba I,

3"3*J !> 3.i> 1 1-

6. Gautama XVI, 41.



7. In the rainy season, too, (the reading must be
interrupted) until the same hour of the (next) day
or night, (if thunder and lightning come together),
not on account of rain.

8. If (he has) received anything or dined on the
occasion of a sacrifice in honour of the manes, (he
shall not read) during the remainder of the day,

9. (Nor) after meals until (the food) has been

10. For the hand of a Brahmawa is his mouth,
n. Now they quote also (the following verse):

1 According to the revealed texts there is no differ-
ence whether one has eaten or received (a present
at a 6raddha).'

12. (A student shall discontinue the study of the
Veda) during three days in case his father has died.

13. 'Of two kinds, forsooth, is the virile energy
of a famous Brahmawa who is learned in the Vedas,
(that which resides) above the navel and the other
(that resides) below the navel. Through that which

7. Govinda takes ahoratraycxr a tatkalam to mean until the end
of the day or night.

8. VasishMa XIII, 15. Govinda adds that the recitation must
be stopped as soon as the invitation to a .Sraddha is received.

9. Vasish/Aa XIII, 31.

10. Vasish//5a XIII, 16. The word 'for' used in this Sutra
gives the reason for the rule in Sutra 8.

1 2. ' This (rule) refers to a student who has not returned home.
But on one who has returned home it is obligatory to interrupt
the Veda-study until he becomes pure. Here he calls the sub-
teacher (upadhySya) " father," because he gives the Veda. For (an
interruption of) twelve days' duration is prescribed on (the death of)
a real father (by the Sutra); " on the death of the mother, the father,
and the teacher twelve days." ' Govinda.

13. Vasish/Aa II, 5. This Sutra is intended to show how the


(resides) above the navel, his offspring is produced
when he initiates Brahmawas, when he teaches them,
when he causes them to offer sacrifices, when he
makes them holy. All these are his children. But
through that which resides below the navel the
children of his body are produced. Therefore they
never say to a .Srotriya who is versed in the Vedas,
' Thou art destitute of offspring.'

14. ' Therefore a Brahma^a has two names, two
mouths, two kinds of virile energy, and two births.'

15. (Let him discontinue the recitation of the
Veda) as long as he is within hearing or sight of
Sftdras and Apapatras.

1 6. When at night the howl of a solitary jackal
is heard, he shall not study until he has slept.

1 7. Let him not study in the evening and morn-
ing twilights nor on the Parva-days.

1 8. He shall not eat meat nor approach his wife
(on those days).

19. It is declared in the Veda, 'For on the
Parva-days the Rakshasas and the Pi-ra/fcas roam
about (in order to injure men).'

20. And on (the appearance of) other omens and
portents (he shall not repeat the Veda), except
mentally, during a day and a night.

TJpSdhysiya can be called a father. Gdvinda states that the pre-
cise meaning of anti&lna, ' versed or learned in the Veda,' is ' one
who knows the Veda, its meaning, and the Angas.' See also
Baudhayana Grrhya-sutra 1, 10, 5.

^15. VasishMa XVIII, ra. Regarding the term Apapatras, see
Apastamba I, i, 3, 25 note.

1 6. Apastamba I, 3, 10, 17.

17. Vasish/Aa XIII, 22. The explanation of the term Parva-
day is given below, Sfitra 22.

1 8. Vishmi LXIX, i.

n ' T r - PENANCES. 211

21. The mental recitation of the Veda must also
be interrupted on births and deaths (occurring in
the family).

22. Now they quote also (the following verse):
4 The eighth day destroys the teacher, the four-
teenth destroys the pupil, the fifteenth destroys
learning ; therefore let him avoid (studying the Veda)
on the Parva-days/


1. Now, therefore, the penances (will be de-

2. The murderer of a learned Brahmawa (shall
practise the following vow) during twelve years :

3. Carrying a skull (instead of a disk) and the
foot of a bedstead (instead of a staff), dressed in the
hide of an ass, staying in the forest, making a dead
man's skull his flag, he shall cause a hut to be built
in a burial-ground and reside there ; going to seven
houses in order to beg food, while proclaiming his
deed, he shall support life with what (he gets there),
and shall fast if he obtains nothing ;

4. Or he may offer a horse-sacrifice, a Gosava, or
an Agnish/ut ;

22. Vishu XXX, 29-30. In accordance with the practice
usual in Vedic works the best MSS. of the text repeat the begin-
ning of each Ka<fik at the end of-the Pr&ma, giving the last first

1. 2-3. Gautama XXII, 4-6; Vishmi L, 1-3, 15. The ex-
pression ' staying in the forest' means that the sinner shall not
stop in the village or the fields during the day-time, but live in some
uncultivated tract in the neighbourhood.

4. Gautama XIX, 9-10. The Gosava sacrifice is an Ekaha;
see Kdtyayana .Srauta Sutra XXII, n, 3.

P 2

212 BAUDHAYANA. II, i, i.

5. Or he may bathe (with the priests) on the
completion of a horse-sacrifice (offered by somebody

6. Now they quote also (the following verses) : ' He
who unintentionally slays a Brahrnawa becomes sinful
according to the sacred law. The sages declare
that he may be purified (if he did it) unintentionally.
But no expiation is found for a wilful murderer.'

7. 'He who has raised his hand (against a Brah-
ma/za), shall perform a Y^rikkhr-A. penance, an Atikrz/-
y&^ra penance if he strikes, a Krz&fchra. and a K&n-
drayawa if blood flows. Therefore let him neither
raise his hand nor cause blood to flow.'

8. (For killing) a Kshatriya (he shall keep the
normal vow of continence) during nine years,

9. (For killing) a VaLsya during three (years),

10. (For killing) a ^udra during one year,

11. Likewise for killing a woman.

12. (The penance for killing) a woman who has
bathed after temporary uncleanness (is) the same
(as that) for (the murder of) a Brahmawa.

5. Gautama XXII, 9. 6. Manu XI, 90.

7. Ya^wavalkya III, 293. Regarding the penances named, see
Vasish/$a XXI, 20, XXIV, 1-2, XXIII, 45, and below, II, i, 2, 38,
IV, 5, 6.

8-10. Vasish/^a XX, 31-33. The words 'shall keep the normal
vow of continence' have been inserted in accordance with Go-
vinda's explanation, which apparently is based on Gautama XXII,
14. But it is also possible that Baudhayana, like Vishmi (L, 15)
and others, may have intended murderers of Kshatriyas, Vai-ryas,
&c., too, to perform the penance prescribed above, Sutra 4, only
for shorter periods.

11. Gautama XXII, 17. Govinda is of opinion that the word
a, 'likewise,' is intended to include 'worthless' Kshatriyas and

12. Vasish//5a XX, 34-35.


13. He who has defiled the bed of a Guru shall
place himself on a heated iron bed,

14. Or embrace a red hot image (of a woman),

15. Or cutting off his organ together with the
testicles and holding them in his joined hands, he
shall walk towards the south-west until he falls down

1 6. A thief shall go to the king with flying hair,
carrying on his shoulder a club of Sindhraka wood
(and say), ' Strike me with that.' (Then the king)
shall strike him.

17. Now they quote also (the following verses) :
4 A thief shall go to the king carrying a club on his
shoulder (and say to him), ' Punish me with that,
O king, remembering the duty of Kshatriyas,'

* Whether he be punished or be pardoned, the
thief is freed from his guilt. But if the king does
not punish him, that guilt of the thief falls on him.'

1 8. If he has drunk (the spirituous liquor called)
Suri, he shall scald himself to death with hot
(liquor of the) same (kind).

19. For unintentionally drinking (Sura), he shall
perform Y^rikkhra. penances during three months and
be initiated again,

20. And (on this second initiation) the cutting (of

13-15. Gautama XXIII, 8-to ; Vasish/^a XX, 13, 14.

1 6. Vasish/4a XX, 41. 'A thief,' i. e. one who has stolen gold
from a Brahmawa.

17. Apastamba I, 9, 2$, 4-5.

1 8. Vasish//fra XX, 2 2. Sura, i. e. the spirituous liquor extracted
from rice, to drink which is considered a particularly heinous
crime. Vasish/tfa XX, 19, and loc. cit

19. VasishMa XX, 19.

20. Vish/m LI, 5. The vows and restrictive rules, i. e. the
Savitrya vow, begging, &c.


the hair and nails), the vows, and (the observance
of the) restrictive rules may be omitted.

21. Now they quote also (the following verses):
' A Brahmawa, Kshatriya, or Vai^ya who has un-
intentionally drunk (the spirituous liquor called)
Varu^l or has swallowed urine or faeces must be
initiated a second time.'

22: ' But he who drinks water which has stood
in a vessel, used for keeping Surd, shall live six
days on milk in which (leaves of) the 6ahkhapushpl
plant have been boiled.'

23. If (a pupil) who is employed by his teacher
(on some errand) meets with his death, (the teacher)
shall perform three Y^rikkhra. penances.

24. The same (penance) is prescribed for not
finishing (the education of the pupil).

25. If a student assists at the burial of anybody
except (at that of his) mother, of his father, or of
his teacher, he must begin his vow afresh.

26. If a (student) is sick, he may, at his pleasure,
eat all the fragments of his teacher's meal as

27. He may physic himself with any (medicine)
which he may desire.

21. Vishmi LI, 2-4. 22. Vish/m LI, 23.

231 Vasish/fa XXIII, 10.

24. ' Finishing (the education of the pupil, sawskr/lam), i. e.
teaching him the rules of purification, of conduct, and so forth ;
failing (to do) that (is called) not finishing (the education of the
pupil). For that (omission) the same (penance), i. e. three Krz&Wras
(are to be) .performed.' Govinda.

25. VasishMa XXIII, 7-8. ' Assists at a burial (javakarma), i. e.
lays out a corpse, and so forth (ala/karaadi), or carries it out,
and so forth.'-^-Govinda.

26. Vasish/Aa XXIII, 9, and note.

27. ' The meaning is that he may cure himself even with such

TI > r > r - PENANCES. 215

28. When he is unable to move, he may worship
the sun, after he has risen, reciting this (Ri\a verse) :
4 A swan, dwelling in purity.'

29. When he has spent his manly strength in the
day-time, let him thrice drink water that reaches his
heart, reciting the verses which contain the word

30. A student who approaches a woman (is called)
an Avaklnzin,

31. Let him offer an ass (in the place of) a sacri-
ficial animal.

32. The sacrificial meat-cake (purod&ra. shall be
offered) to Nirmi, or to the Rakshasas, or to

33. It is declared in the Veda, ' The piece to be
eaten by the sacrificer (pra^itra, shall be taken)
from the organ (of the animal) ; and the (other) por-
tions shall be offered in water.'

34. ' Or he may also heap (fuel) on the fire in the
night of the new moon, perform the preparatory
rites required for the Darvlhoma, and offer two

(substances) which are forbidden even to his teacher, e. g. garlic,
and so forth.' For a Smn'ti declares, ' He shall protect himself by
every means.' Govinda.

28. 'Unable to move,' i.e. sick. This is a penance to be per-
formed by a sick student when he is unable to fulfil the rules
enjoining the morning and evening prayers, and the like.; and it
applies to other men also because there is no objection. Regarding
the Mantra, see Taittiriya Sa/nhiti I, 8, 15, 2.

29. The rule refers to intercourse with a wife in the day-time ; see
Vishmi LIII, 4. The Retasyas occur Taittiriya Arayaka I, 30.

30. Vasish/fo XXIII, i.

33. Weber, Ind. Stud. X, 102 ; ^KatySyana .Srauta SQtra . I, i, 15.

34. Taitt. Arayaka II, 1 8. The Aray aka has, more appropriately,
praiya, ' having taken out,' before upasamadhaya, ' may heap (fuel)
upon.' The Dekhan and Gug^arSt MSS. insert the words ' amr/tam

21 6 BAUDHAYANA. II, r, i.

oblations of clarified butter (reciting these two sacred
texts) : " O Lust, I have broken my vow ; my vow
have I broken, O Lust; to Lust Svaha;" "O Lust,
I have done evil ; evil have I done, O Lust ; to
Lust Svaha.'"

35. ' After he has made the offering, he shall
address the fire, closely joining his hands, turning
sideways (with the following texts) : "May the Maruts
grant me, may Indra, may Brz'haspati, may this fire
grant me long life and strength, may it make me
long-lived ! "

36. Now the relatives shall empty (the water-pot)
of a (grievous offender) at a (solemn) meeting (and
he shall confess), 'I N. N. am (the perpetrator of)
such and such (a deed).' After (the outcast) has
performed (his penance) the Brahma^as shall ask
him who has touched water, milk, clarified butter,
honey, and salt,' Hast thou performed (thy penance)?'
The other (person) shall answer, ' Om ' (yes) ! They
shall admit him who has performed (a penance) to all
sacrificial rites, making no difference (between him
and others).

37. If he unintentionally marries a female who
belongs to his own family (gotra), he shall support
her, (treating her) like his mother.

va a^yam amrnam evatman dhatte,' which occur also in the Ara-
wyaka, after the Mantra. According to Govinda pariesh/a, ' pre-
paratory rites/ refers to the consecration of the clarified butter,
and so forth. The special rules regarding the Darvlhomas are
given Kltyayana .Srauta Sutra VI, 10, 17 seq.

36. VasishMa XV, 12-21. Govinda thinks that nirvueshawz
savaniyaw kuryuA, ' they shall admit him to all sacrificial rites,
making 110 difference,' may also be interpreted by 'they shall
perform for him the sacraments just as for a new-born child.'

37. ColebrookeV, Dig. CCCXL.



38. If (such a woman) has borne a child, he shall
perform Krikkkr* penances during three months and
offer (two burnt oblations reciting) the two (Mantras),
' That which is the blemish of my soul ' (and) ' Fire
restored my sight.'

39. 'An elder brother whose younger brother
marries first, the younger brother who marries first,
the damsel wedded (by the latter), he who gives her
away, and fifthly he who sacrifices for them (at the
wedding), all sink to a region of torment.'

40. ' The unmarried elder brother and the married
younger brother, the giver (of the maiden) and the
performer of the sacrifices become pure by under-
going a Krt&Mra. penance of twelve days, the female
(who has been wedded to the younger brother) by
(fasting during) three days.'


1. Now (follow the offences) causing loss of caste

2. (Viz.) making voyages by sea,

38. The Mantras are found, Taittiriya Sawhiti III, 2, 5, 4.

39. VasishMa XX, 7-8. The MSS. read parivittiA parivetta
yaj /fcaina/tt [nam] parivindati. But it is absolutely necessary to
adopt either the various reading given Manu 111,172, yayi a
parividyate, or to read ya ^ainaw parivindati.

40. The MSS. all read at the end of the verse, tristriratrea or
dvistriratrewa. The correct reading appears, however, to be strf

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