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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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triratrewa ; for Govinda says, yaya saha parivetta bhutas [bhuttasya
C. I., bhutassastri C. T.] tasyas triratrewopavasena JuddhiA, ' the
purification of that female with whom he has become a parivettr*'
takes place through three days, i. e. through fasting (three days).'

2. i. Apastamba I, 7, 21, 7-11.

2. Govinda explains samudrasawydnam, 'making voyages by
sea,' by 'voyaging by means of ships to another continent (dvipa).'



5 1 8 BAUDHAYANA. II, I, 2.

3. Stealing the property of a Brahma#a or a
deposit,

4. Giving false evidence regarding land,

5. Trading with merchandise of any description
(whether forbidden or not),

6. Serving .Sudras,

7. Begetting a son on a female of the 6"udra caste,

8. And becoming thereby her son.

9. (For those who have) committed one of these
(offences the following penance is prescribed) :

10. ' They shall eat every fourth meal-time a little
food, bathe at the time of the three libations (morn-
ing, noon, and evening), passing (the day) standing
and (the night) sitting. After the lapse of three
years they throw off their guilt.'

11. 'A Brahmawa removes the sin which he com-
mitted by serving the black race during one day and
one night, if he bathes during three years at every
fourth meal-time.'



7. The MSS. from Gujarat and the Dekhan read instead of
this and the next Sutras, yajfo jfidrSyam abhipra^Syate tadapatyawz
a bhavati, ' and he who begets (offspring) on a .Sudra female, and
thereby becomes her son.'

8. Govinda explains the Sfitra as a prohibition against allowing
oneself to be adopted by a S"udra (sudraputrabhava/* I tavaham
putro 'smity upagivanam).

9. The Dekhan and Gu^arSt MSS. again have a different
reading, tesha"z tu nisvesha^, ' but the atonement of these offences
(is as follows).'

10. Apastamba I, 9, 25, 10. All the MSS. read in the last
pada ' tribhir varshais tad apahanti papatn.' The correct reading
is that given by Apastamba loc. cit, ' tribhir varshair apa papaw
nudante.'

11. Apastamba I, 9, 27, n. Govinda explains the Sfitra as
referring to cohabitation with a female of the 'black race.' By
the latter term he understands a K&ndSXi, adding that others believe



II, 1,2. PENANCES. 219

12. Now (follow) the minor offences, entailing
loss of caste (upapataka),

1 3. (Viz.) intercourse with females who must not
be approached (agamya, e. g.) cohabitation with the
female friend of a female Guru, with the female
friend of a male Guru, with an Apapatra woman, and
a female outcast, following the profession of medi-
cine, sacrificing for many, living by (performances
on) the stage, following the profession of a teacher
of dancing, singing and acting, tending cows and
buffalos, and similar (low occupations, as well as)
fornication.

14. The expiation (prescribed) for these (offences
is) to live as an outcast during two years.



a /Sttdra female to be intended. It is, however, more probable
that Baudh&yana took the verse to forbid twice-born men to serve
Sudras*

A

12. Apastamba I, 7, 21, 9.

13. Gautama XXI, n. In explanation of the term agamyS,
' a female who must not be approached,' Govinda quotes Nirada
XII, 73-74, and he takes the four classes of females, who are
specially mentioned, not as examples illustrating the term agamyt,
but as not included in and additional to the latter. Physicians and
the other professional men enumerated are usually not mentioned
among the upapitakins, but occur in the lists of those whose gifts
must not be accepted, and of those who defile the company at
a funeral dinner, e.g. VasishMa III, 3; XIV, 2, 3, n. The ex-
pression 'sacrificing for many' (grajnaya^anam) appears to be
a description of the so-called Ya^amana Vr/tti, by which the
modern Bha/A^is, or priests who officiate for hire, subsist. In
explanation of the term naVysUdryatd, ' following the profession of
teaching dancing, music, and acting,' Govinda says that ' instruc-
tion in the works of Bharata, Vuakhila, and others' is intended.
Baudhayaha no doubt intends to forbid the instruction of profes-
sional dancers and actors in actual works on their art, such as
the na7ya-sutras mentioned by Pdmni.

14. t To live as an outcast, i.e. to subsist by begging.' Govinda.



22O BAUDHAYANA. II, I, 2.

15. Now (follow the offences) which make men
impure (am/fcikara),

16. (Viz,) gambling, performing incantations, sub-
sisting by gleaning corn though one does not per-
form an Agnihotra, subsisting by alms after one has
finished one's studentship, living, after that has been
finished, longer than four months in the house of
one's teacher, and teaching such a (person who has
finished his studentship), gaining one's livelihood by
astrology and so forth.

1 7. But the expiation of these (offences is to per-
form penances) during twelve months, during twelve
fortnights, during twelve times ten days, during
twelve se'nnights, during twelve times three days,
during twelve days, during six days, during three
days, during a day and a night, during one day, in
proportion to the offence committed.

1 8. Now outcasts shall live together and (toge-
ther) fulfil their duties, sacrificing for each other, teach-
ing each other, and marrying amongst each other. If
they have begot sons, they shall say to them, ' Depart
from among us ; thus you will again reach the Aryas.'

19. For the organs do not become impure toge-
ther with the man.

20. (The truth of) that may be learned from this
(parallel case); a man deficient in limbs begets a son
who has the full number of limbs.

21. Harita declares that this is wrong.

22. For wives may be (considered) similar to the

15. Apastamba I, 7, 21, 12^19 ; 1, 10, 29, 15.

16. Govinda is probably right in asserting that the word a, ' and
(so forth),' is intended to include other not-named offences.

17. Apastamba 1, 10, 29, 17-18.
18-23. Apastamba 1, 10, 29, 8-14.



11,1,2. PENANCES. 221

vessel which contains the curds (for the sacrifice).
If one makes impure milk curdle in a milk-vessel
and stirs it, the Slsh/as do not use the (curds thus
produced) for sacred rites.

23. .In like manner no intercourse can be held
with that (offspring) which is produced from impure
seed.

24. If they desire it, (they may perform) a penance,

25. (Viz. in the case of males) the third part (of
the penance prescribed) for crimes causing loss of
caste (patanlya) ; for females the third part (of that).

26. Now they quote also (the following verse):
' If he applies sesamum to any other purpose, but
food, anointing, and charitable gifts, he will be born
again as a worm and, together with his ancestors,
be plunged into the ordure of dogs.'

27. He who sells sesamum, forsooth, sells his
ancestors ; he who sells rice, forsooth, sells his life ;
he who gives away his daughter, making a bargain,
forsooth, sells portions of his spiritual merit.

28. Grass and wood, in its natural state, may
be sold.

29. Now they quote also (the following verse):
'Animals that have teeth in one jaw only, as well as
minerals excepting salt, and undyed thread, these,
O Brahma^a, are the goods which thou art permitted

to sell.'

30. (If he has committed) any offence excepting a

25. I. e. males shall live, according to the rules given above in
Sutras lo-n, during one year, and females during four months.

26. Vasishtfa II, 30. 8. Apastamba I, 7, 21, 2.

29. The permission to sell 'stones' or minerals contradicts
VasishMa II, 24.

30. Regarding the definition of the term 'anMana, see above,

1,11,21,13.



222 BAUDHAYANA. 11,1,2,



mortal sin (pataka) he may either give to a learned
Brahmarca (angina) a hairy cow of brown or red-
dish colour, after sprinkling her with clarified butter
and scattering black sesamum seeds over her ;

31. Or (he may offer burnt oblations), reciting
the Kushmawdas, during twelve days.

32. '(Thus) he will be freed from the guilt (of
any crime that is) less (heinous) than the murder
of a learned Brahmawa.'

33. If one is accused of a mortal sin (pataka),
a l&rikkkra. (penance must be, performed by the
accused).

34. The accuser (shall perform) that (K>ira
penance during) a year.

35. 'He who during a year associates with an
outcast, becomes (likewise) an outcast ; not by sacri-
ficing for him, by teaching him or by (forming) a
matrimonial (alliance with him), but by using the
same carriage or seat.'

36. The penance for eating impure substances
is to fast until the entrails are empty. That is
attained in seven (days and) nights.

31. Regarding the efficacy of the Kushma<fa texts, see e.g.
Gautama XIX, 12 ; XXII, 36.

33. 'Vasish/ia XXIII, 37-38. 34. Vasishtfa XXIII, 39.

35. Vasish/Aa I, 22.

36. Apastamba I, 9, 27, 3-4; Vasish/^a XXIII, 30. I follow
here the Gu^ardt and Dekhan MSS., which read amedhyaprlrane
prayajittir naishpurishyaw tat saptar&trev&pyate. M. and the
two MSS. of the commentary give amedhyaprarane prayaj&ttam
and leave the remainder out. The commentary states that the
penance intended is the TaptakrobWra, described in the next
Sutra. The parallel passages of Apastamba and others leave no
doubt that the northern MSS. in this case have preserved the
older form of the text.



H, i, 2, PENANCES. 223

37. (Subsisting on) water, milk, clarified butter,
(and) fasting, each for three days, (and taking the
three fluids) hot, that is a Taptakrz^ra penance.

38. (Eating) during three days in the morning
only, during the (next) three days in the evening
only, (subsisting) during (another) three days (on)
food given unasked, and fasting during three days,
(that is) a Y^rikktvcz. penance.

39. (If the period of twelve days is divided into)
three (periods of) four days, that is the Krt&&faa.
penance of women, children, and aged men.

40. If (observing the rule given) above one eats
(at each meal) so much only as one can take at one
(mouthful), that is an AtikrMfaa. penance.

41. (If one) subsists on water only, that is a
K*V^ratik&/^ra, the third (in the order of the
"Krikkkra. penances).

42. During a KrMfaa. penance '(the following
rules must be followed, viz.) to bathe at morn,
noon, and evening,

43. To sleep on the ground,

44. To wear one garment only, to shave the hair
of the head, of the beard, and of the body, and to
clip the nails.

45. The same (rules apply) to women except
(that referring to) shaving the head.

37. Vasish/Aa XXI, 21.

38. Vasish/fo XXI, 20. M. and the two MSS. of the com-
mentary omit the word ' teikkhTiJi ' at the end of the SGtra.

39. Vasish/Aa XXIII, 43- '4<>. Vasish/Aa XXIV, a.
41. Vasish/y&a XXIV, 3. Govinda gives another explanation of

the word tr/tfya>&, 'the third,' according to which it is to refer to
the third tryahaA, or ' period of three days.'
42-44. VasishMa XXIV, 4-5.



224 BAUDHAVANA. II, 2, 3.



PRASNA II, ADHYAYA 2, KANDI&A. 3.

1. A Brahmawa who always carries water (iri his
pot), who always wears the sacred thread, who daily
recites the Veda, who avoids the food of .Sftdras, who
approaches (his wife) in the proper season, and offers
sacrifices in accordance with the rules (of the Veda,
after death) never falls from Brahman's heaven.

2. The Veda (says), ' Manu divided his estate
among his sons.'

3. (A father may, therefore, divide his property)
equally among all, without (making any) difference ;

4. Or the eldest may receive the most excellent
chattel.

5. (For) the Veda says, ' Therefore, they dis-
tinguish the eldest by (an additional share of the)
property.

6. Or the eldest may receive (in excess) one part
out of ten ;

7. (And) the other (sons) shall receive equal
shares.

8. While the father lives, the division of the
estate takes place (only) with the permission of the
father.

3. i. Vasish/^a VIII, 17.

2. Taittiriya SawzhitEi III, i, 9, 4.

3. Colebrooke V, Dig. XL. Govinda points out that this rule
refers to sons equal by caste, origin, and virtue.

4. Colebrooke, loc. cit ; Vishmi XVIII, 37.

5. Taittiriya Samhitd II, 5, 2, 7. See also the discussion on
this text, Apastamba II, 6, 14, 10-13.

6. Colebrooke, loc. cit. ; Vasish/fta XVII, 43.

7. Colebrooke, loc. cit. ; Gautama XXVIII, 8.

8. Colebrooke V, Dig. XXII ; Dayabhaga II, 8. In C.'s Digest



11,2,3- INHERITANCE. 225

9. The (additional) share of the eldest is, (accord-
ing to the order) of the four castes, a cow, a horse,
a goat, and a sheep.

10. If there are sons born of wives of different
castes (vara), they should make ten portions of the
ancestral property and take four (shares), three, two,
(and) one, according to the order (of the castes).

1 1 . But if a legitimate son of the body (aurasa)
is born, the (other) sons of equal caste shall obtain
one third share (of the estate).

12. If there is a son of equal caste and a son of

the 6rst clause is omitted and connected with the following Sutra,
Govinda agrees with Gimutavahana.

9. Colebrooke V, Dig. XLIX. The rule is an explanation of
the term varazw rupam, ' the most excellent chattel,' in Sutra 4.
The meaning probably is, as the Digest states, that among Brdh-
maas it is usual to give to the eldest a bull, among Kshatriyaa a
horse, and so forth.

10. Vasish/^a XVII, 48-50; Vishnu XVIII, 2-40; where the
several cases that can arise have been fully worked out

11. I translate according to the reading of K., M., and the two
MSS. of the commentary, aurase tutpanne savarwas [as, M., K.]
tri\iyamsaha.r&A [ya.mszm haret, K.] The other MSS. omit the
last two words of the Sutra. The sense of the Sutra seems to be,
that subsidiary sons of equal caste obtain a third of the estate
when a legitimate son of the body is born to their father ; see also
Katyayana V, Dig. CCXVIII. Govinda gives the following expla-
nation : aurasa-^ savaraputrlr a vakshyante i aurasaA savaray&
saflzskr/tayawz svayam utpaaTita^ [Sutra 14] I tasminnutpanne savar-
n&s trrtiyamahara bhaveyu/i I sarvawz dhana^ataaz tredha vibha^ya
tesham eka/w sho</aja sawpadya trin dvSvekam iti kalpayet 11 ' The
legitimate son and the sons of equal caste will be described (below).
He is called a legitimate son who is begotten by the husband him-
self on a wedded wife of equal caste. When such a one is born,
the (other) sons of equal caste shall obtain one third share. Divid-
ing the whole property into three parts, and making one of them
sixteen (?), he shall give three, two, one.' Govinda.

12. Colebrooke V, Dig. CLVII ; Dayabhaga IX, 15.

CM] Q



226 BAUDHAYANA. II, 2, 3.

a wife of the next lower caste, the son born of the
wife of the next lower caste may take the share
of the eldest, provided he be endowed with good
qualities.

1 3. (A son) who possesses good qualities becomes
the protector of the rest.

14. One must know a son begotten by (the hus-
band) himself on a wedded wife of equal caste (to be)
a legitimate son of the body (aurasa).

Now they quote also (the following verse) : ' From
the several limbs (of my body) art thou pro-
duced, from my heart art thou born; thou art
"self" called a son; mayest thou live a hundred
autumns/

15. The (male child) born of a daughter, after an
agreement has been made, (one must know to be)
the son of an appointed daughter (putrikaputra) ;
any other (male offspring of a daughter they call)
a daughter's son (dauhitra).

1 6. Now they quote also (the following verse) :
' The son of an appointed daughter should offer the
first funeral cake to his mother, the second to her
father, and the third to his father's father/

1 7. He who is begotten, by another man, on the
wife of a deceased man, of a eunuch, or of one
(incurably) diseased, after permission (has been
given), is called the son begotten on a wife
(kshetra/a).

13. Colebrooke, loc. cit.

14. Colebrooke V, Dig. CXGVI; Vasish/Aa XVII, 13. The
verse is found in the Mahabharata and elsewhere.

15. Colebrooke V, Dig. CCXIII ; Vasish/Aa XVII, 15-17.

17. Colebrooke V, Dig. CCXXXVII; DayabhSga II, 60; Va-
sish/^a XVII, 1 4.



II, 2, 3- INHERITANCE. 227

1 8. Such a (son begotten on a wife) has two
fathers and belongs to two families ; he has a right
to perform the funeral oblations, and to inherit the
property of (his) two (fathers).

19. Now they quote also (the following verse):
' The son of two fathers shall give the funeral cakes
(to his two fathers, and pronounce) two names with
each oblation, and three cakes shall serve for six
persons ; he who acts thus will not err.'

20. He (is called) an adopted son (datta) who,
being given by his father and his mother, or by
either of the two, is received in the place of a
child.

21. He (is called) a son made (kn'trima) whom
(a man) himself makes (his son), with the (adoptee's)
consent (only), and who belongs to the same caste
(as the adopter).

22. He is called a son born secretly (gu^/fe^a)
who is secretly born in the house and whose (origin
is) afterwards (only) recognised.

23. He is called a son cast off (apaviddha) who,
being cast off by his father and his mother, or
by either (of them), is received in the place of
a child.

24. If anybody approaches an unmarried girl
without the permission (of her father or guardian),
the son born by such (a woman is called) the son of
an unmarried damsel (kanlna).



18. Colebrooke Dig., loc. cit. 20. VasishMa XVII, 28.

21. Colebrooke V, Dig. CCLXXXIV; Gautama XXVIII, 32.

22. Vasish/^a XVII, 24. 23. Vistom XV, 24-25-
24. Colebrooke V, Dig. CCLXl; Vasish/Aa XVII, 21-23.

must be understood that the father must belong to the same caste
as the girl.

Q2



228 BAUDHAYANA. 11,2,3.

25. If one marries either knowingly or unknow-
ingly a pregnant bride, the child which is born of
her is called (a son) taken with the bride (saho^a).

26. He (is called a son) bought (krlta) who, being
purchased from his father and his mother, or from
either of them, is received in the place of a child.

27. He (is called the son) of a twice-married
woman (paunarbhava) who is born of a re-married
female, (i. e.) of one who, having left an impotent
man, has taken a second husband.

28. He (is called) a self -given (son, svayaw-
datta) who, abandoned by his father and his mother,
gives himself (to a stranger).

29. He who is begotten by (a man of) the first
twice-born (caste) on a female of the .Sudra caste
(is called) a Nishada.

30. (He who was begotten by the same parents)
through lust (is called) a Parasava. Thus (the
various kinds of) sons (have been enumerated).

31. Now they quote also (the following verses):
1 They declare the legitimate son, the son of an
appointed daughter, the son begotten on a wife, the
adopted son and the son made, the son born secretly
and the son cast off, (to be entitled) to share the
inheritance.'

32. ' They declare the son of an unmarried damsel
and the son received with the bride, the son bought,

25. VasishMa XVII, 27.

26. Colebrooke V, Dig. CCLXXXI; Vasish/^a XVII, 30-32.

27. Vasish//fa XVII, 18-20. 28. VasishMa XVII, 33-35.

30. Colebrooke V, Dig. CCXCIII. Govinda points out that the
Parasava is, according to Baudhayana, the offspring of a Sudra
concubine, not of a Sudra wife. But see also above, I, 9, 17, 4.

31. Colebrooke V, Dig. CLXXX; Vasish/Aa XVII, 25.

32. Colebrooke V, Dig. CLXXIX ; Vasish/fta XVII, 26.



IT > 2 3- INHERITANCE. 22Q

likewise the son of a twice-married female, the son
self-given and the Nishada, to be members of the
family.'

33. Aupa^andhani (declares that) the first among
them alone (is entitled to inherit, and a member of
his father's family).

34. ' Now, O kanaka, I jealously watch my wives,
(though I did) not (do it) formerly; for they have
declared in Yama's court that the son belongs to
the begetter. The giver of the seed carries off the
son, after death, in Yama's hall. Therefore they
carefully protect their wives, fearing the seed of
strangers.'

35. 'Carefully watch (the procreation of your)
offspring, lest strange seed fall on your soil. After
death the son belongs to the begetter ; through
carelessness a husband makes (the procreation of)
a son useless/

36. Let them carefully protect the shares of

33-34. Aupa^andhani is one of the ancient teachers of the
White Ya^ur-veda, mentioned in the lists incorporated in the Sata-
patha-brahmaa XIV, 5, 5, 2 1 ; 7, 3, 26. The legends of the White
Ya^oir-veda frequently mention king Ganaka of Videha, and assert
that that philosopher king had frequent and intimate intercourse
with Ya^flavalkya and other teachers of the Veda which Aditya
revealed. It seems to me, therefore, highly probable that Govinda
is right in taking the vocative ^anaka in Sutra 34 as a proper
name, and in asserting that the verse belongs to a conversation
between Aupa^andhani and Ganaka. This explanation, which pos-
sibly maybe based on an ancient tradition of Baudhayana's school,
is certainly preferable to Haradatta's statement on Apastamba II,
6, 13, 7, that these verses express the sentiments of a husband who
had neglected to watch his wives, and later learned that he would
not derive any spiritual benefit from their offspring. In the text of
Sutra 34 I read with the Dekhan MSS. and Apastamba, loc. cit,
irshyfimi, instead of ishy&mi, which M. and the commentary give.

36. Colebrooke V, Dig. CCCCLII ; Vasish/fca XVI, 8, 9. ' The



BAUDHAVANA. II, 2, 3.



those who are minors, as well as the increments
(thereon).

37. Granting food, clothes, (and shelter), they
shall support those who are incapable of transacting
legal business,

38. (Viz.) the blind, idiots, those immersed in vice,
the incurably diseased, and so forth,

39. Those who neglect their duties and occu-
pations ;

40. But not the outcast nor his offspring.

41. Intercourse with outcasts shall not take
place.

42. But he shall support an outcast mother, with-
out speaking to her.

43. The daughters shall obtain the ornaments
of their mother, (as many as are) presented accord-
ing to the custom (of the caste), or anything else
(that may be given according to custom).

increments, i. e. the proper interest. Thus the money of minors
shall bear interest.' Govinda.

37. ColebrookeV, Dig. CCCXXVIII; Dayabhdga V, 12 ; Vya-
vahSramayukha IV, n, 10 ; Vasish/^a XVII, 52-54.

38. Colebrooke and Mayukha, loc. cit. ' The expression " and
so forth " includes hunchbacks and other (disabled) persons.' Go-
vinda. Vyasanin, ' immersed in vice,' may also mean ' afflicted by
calamities,' and is perhaps intended to be taken both ways.

39. Colebrooke and Mayukha, loc. cit. Akarmmas, ' those who
neglect their duties and occupations/ i. e. those who though able
(to fulfil their duties are) indolent. Govinda.

40. Colebrooke and Mayukha, loc. cit. ; Burnell, D&yabha'ga 49.

42. Gautama XXI, rg, and note.

43. Colebrooke V, Dig. CXXX ; Vasish/fca XVII, 46. ' Sam-
prad&yikam (literally " customary") qualifies (the word) ornaments ;
samprad^yikam (means) what is obtained according to custom;
what is given to their mother by the maternal grandfather and
grandmother, that (is called) sampradayikam. " Or anything else,"
(viz.) presented according to custom, (e.g.) a bedstead and the



II, 2, 3- INHERITANCE. 231

44. Women do not possess independence.

45. Now they quote also (the following verse):
'Their father protects (them) in childhood, their
husband protects (them) in youth, and their sons
protect (them) in old age; a woman is never fit
for independence.'

46. The Veda declares, ' Therefore women are
considered to be destitute of strength and of a
portion.'

like, a couch, and an outer garment, and the like. So much and
nothing else shall the daughters receive.' Govinda.

44. VasishMa V, i. All the MSS. of the text read mi strisva-
tantrya/w vidyate, while the text given by the two copies- of the
commentary has na strf svatantryaw vindate. Govinda asserts that
the Sutra is intended to forbid the independent action of women
with respect to things inherited. The correct view probably is
that with this Sutra the topic of the duties and rights of women
begins, and that the rule contains a general maxim.

45. Vasish/^aV, 2.

46. Colebrooke V, Dig. CXXXI. The text is in great confusion.
The Dekhan and Gujarat MSS., except K., read, na daya/n ni-
rindriya hyadayir a striyo mata iti sruti/fc; K. has, tasmatfn]-
nirindriyi hy. st. m. i. sru. II tasmat striyo nirindriya adayadir api
pSpat ; while M. and the I.O. copy of the commentary have, tasman-
nirindriyg. adaya\r .a striyo matd iti sruti/i [sutiA, M.] The Telugu
copy is mutilated, and reads nadayantirki srutiA. Though the
reading of the Dekhan MSS. is supported by Mitramim Virami-
trodaya, fol. 209, p. i, 1. 3, it is certainly not the original one, for



Online LibraryGeorg BühlerThe sacred laws of the Aryas : as taught in the schools of Apastamba, Gautama, Vasishtha and Baudhayana → online text (page 45 of 55)