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there is no verb by which the accusative 'dayam'is governed.
Mitramura's attempt to make it depend on ; arhati' in the verse
quoted in Sutra 45 is futile, because, according to the usage of
the Sutrakaras, a Sutra may be completed by a verb taken from
another original aphorism of the author, but cannot be connected
with a portion of a quotation taken from some other work. This
same principle, of course, applies not only to Sutras, but to the
writings of all other authors, whether Indian or European. The
reading of K., M., and of the I. O. copy of the commentary is
not open to the objection just mentioned, and therefore preferable.
But it seems to me highly probable that,. nevertheless, it is not

232 BAUDHAYANA. II, 2, 3-

47. Those (women) who strive (to do what is)
agreeable to their husbands will gain heaven.

48. But for a violation (of their duty towards the
husband) a Y^rikkhrz. penance (must be performed).

49. (For violating it) with a ^udra (a woman)
shall perform a lunar penance (>andraya#a) ;

50. (For violating it) against the order of the
castes with a VaLrya and so forth, she shall per-
form a KrM&Ara. or an (Atikrt^ra) penance.

51. For male (offenders, i.e.) Brahma/zas and so
forth, a year's chastity (is prescribed).

quite genuine ; for the word ' tasm&t,' with which it begins, is not
required, because its sense is already expressed by the following
' hi,' and because the Sutra apparently contains half an Anush/ubh
Sick a, which the insertion of tasmat destroys. It is also easy to
see how it came to be inserted. Every Ya^rarvedf who read the
passage would be reminded of the analogous passage of the Taitti-
riya Sa;whita VI, 5, 8, 2, ' tasmat striyo nirindriya adayadir api papat
puwsa^ upastitaram,' which in K. has actually been inserted after
our Sutra. In the Vedic Mantra ' tasmlt ' is required, and is cer-
tainly the genuine reading. Hence it seems to have been trans-
ferred into Baudhayana's text, possibly by the mistake of some
scribe who, according to the habit of his kind, took a marginal
reference to the beginning of the Vedic passage for a correction of
the text. In my opinion it must be thrown out. The sense of
the half verse remains exactly the same. It corresponds to Manu
IX. 1 8. According to Govindasvamin and others its object is to
show that women are incapable of inheriting, and the word daya,
' portion/ must be taken in the sense of ' a share of the inheritance.'
For a full discussion of this point, I refer to the Introductory Note
on Book I, Chapter II, Sect. 14 of West and Buhler's Digest of
II. L. C., third edition.

47. Vishwu XXV, 15, 17; VasishMa XXI, 14.

48-50. VasishMa XXI, 6-13.

51. Govinda points out that this rule refers to adultery with
women of equal caste, and thinks that the word ' chastity' indi-
cates that Kn'^Ara penances are to be performed ; VasishMa XXI,
1 6, 17 ; Vishwu LIII, 2. But see Gautama XXII, 29.

2, 4. WOMEN.


52. Let him burn a -Sudra (who commits adultery
with an Aryan) in a straw-fire.

53. Now they quote also (the following verses):


1. ' Anybody but a Brahmawa shall suffer corporal
punishment for adultery.'

2. 'The wives (of men) of all castes must be
guarded more carefully than wealth.'

3. ' But corporal punishment (shall) not (be in-
flicted) for (adultery with) the wives of minstrels
and with those who appear on the stage. For (the
husbands) carry them (to other men), or, lying
concealed (at home), permit them to hold culpable

4. 'Women (possess) an unrivalled means of
purification ; they never become (entirely) foul. For
month by month their temporary uncleanness re-
moves their sins/

5. 'Soma gave them cleanliness, the Gandharva
their melodious voice, and Fire purity of all (limbs) ;
therefore women are free from stains.'

52. Vasish/tfa XXI, i, 5.

4. i. Apastamba II, 10, 26, 20; 10,27, n. Govinda thinks that
non-Brahmanical offenders should be burned, in accordance with
Vasish/yfca XXI, 2-3. But mutilation may also be intended. Sa#z-
grahaa, 'adultery,' probably includes all those acts mentioned
Manu VIII, 354-358.

2. Manu VIII, 359.

3. Manu VIII, 362. I read conjecturally, ' sa/Hsar^yanti te hyeta
nigupta\r alayantyapi,' basing my emendations on Manu's text.
The MSS. and Govinda have, sawsar^ayanti ta hyetdn nigupt&wj
Mlayanty api, which gives no good sense. Govinda explains ara//a-

. ' the wives of minstrels/ by devadisyaA, ' temple-slaves.'

4. Vasish//*a XXVIII, 4 . 5. Vasisli//ia XXVIII, 6.

234 BAUDHAYANA. II, 2, 4.

6. ' Let him abandon a barren (wife) in the tenth
year, one who bears daughters (only) in the twelfth,
one whose children (all) die in the fifteenth, but her
who is quarrelsome without delay.'

7. A widow shall avoid during a year (the use of)
honey, meat, spirituous liquor, and salt, and sleep on
the ground.

8. Maudgalya (declares that she shall do so)
during six months.

9. After (the expiration of) that (time) she may,
with the permission of her Gurus, bear a son to her
brother-in-law, in case she has no son.

10. Now they quote also (the following verse) :
' One whose appointment can have no result, (viz.)
a barren woman, one who has borne sons, one who
is past child-bearing, one whose children are (all)
dead, and one who is unwilling must not be

n. The sister of a maternal uncle and of the
father, a sister, a sister's daughter, a daughter-in-
law, a maternal uncle's wife, and the wife of a

6. Manu IX, 81.

.7-8. VasishMa XVII, 55. The word madya, ' spirituous liquor/
occurs in M. and the I. O. copy of the commentary. The MSS.
from the Dekhan and Gujarat, including K., read ma^guna or
maaV/a'na, the compound letter being very indistinct.

9. Vasish/^a XVII. 56, where .the term 'Gurus' is fully ex-

10. VasishMa XVII, 57-59. M. and the two copies of the
commentary read pi-fjU'otpannaputra a instead of vast ^otpanna-
putra &a, ' a barren woman and one who has borne sous.' I follow
the Dekhan and Gujarat MSS., which undoubtedly give the genuine
reading. Perhaps the term avajam, Vasish//m XVII, 57. should be
corrected to va^iitn.

ii-iz. These two Sutras are additions to IT, i, 2, 13. See also
NSrada XII, 73-74 ; VasishMa XXI, 1 6.

2,4. WOMEN.


friend are females who must never be approached

12. For intercourse with females who must not
be approached (agamya), a KrtttAra. and an Ati-
krzWira. (and) a Aandrayawa are the penances
prescribed for all.

13. Thereby (the rule regarding) intercourse with
a female of the Kwid&a, caste has been declared.

14. Now they quote also (the following verses) :
1 A Brahma;,'a who unintentionally approaches a
female of the Aa#</ala caste, eats (food given by
a A'att^ala) or receives (presents from him), becomes
an outcast; but (if he does it) intentionally, he
becomes equal (to a SCandala).

15. ' He who approaches his father's, his teacher's,
or a king's wife, is guilty of the crime of violating a
Guru's bed ; the penance ordained for him has been
declared above.'

1 6. (A Brdhmawa) who is unable (to subsist) by
teaching, sacrificing for others, or the acceptance of
gifts, shall maintain himself by following the duties
of Kshatriyas, because that is the next following

13. Vasiah/^a XXIII, 41 ; Vishwu LIII, 5-6.

14. Manu XI, 176.

15. Govinda thinks that the penance intended is that mentioned
in Sutra 1 2. Probably a severer one is meant. The verse is inter-
esting, as it clearly is a quotation from some metrical work on law,
not merely of traditional detached jlokas.

1 6. Vasish///a II, 22. The Sutra ' adhyapanaya^anapratigra-
hair a-rakta^ kshatradharmewa ^-ivet pratyanantaratvat ' occurs in the
two copies of the commentary only. The I. O. copy of the commen-
tary has, however, before it the following wor Js : [dharmya] svadhya-
yaprava/fcane evety adhik^na/n [kara/] dan-ayati pratigrihtta tadr/"k
pratigrahitura//* gr/dhnuvanti [tara r/dhnu ] r/lvigya^amana y&ginau

236 BAUDHAYANA. 11,2,4.

17. Gautama (declares that one shall) not (act
thus). For the duties of Kshatriyas are too cruel
for a Brahmawa.

1 8. Now they quote also (the following verse):
' Out of regard for the sacred law a Brahmawa and
a VaLsya may take up arms for (the protection of)
cows or Brahmaas, or when a confusion of the
castes (threatens to take place).

19. (Or) the livelihood of a Vaisya should be
adopted, because that is the one following (next).

20. (If he lives by agriculture) he shall plough
before breakfast,

21. With two bulls whose noses have not been
pierced, not striking them with the goad, (but)
frequently coaxing them.

22. The (sacred domestic) fire (shall be kindled)
at the wedding ; the religious ceremonies up to the
Agnyadheya (shall be) performed in that.

[^ane] tadajaktau kshatradharmau. M. reads, dharmanasvadhya"-
yaprava^ana [ne] ityadhikarawz darcayati pratigrahitadrzlc pratigra-
hitara r/'dhnuvanti n'tvigya^-amana yaganau tada^aktau sva"dhya-
yadhyi [yadhya] panayagwaya^anapratigrahair a^aktama [taA]
kshatradharmmewa ^ivet. The Dekhan and Gujarat MSS. read,
dharmye svadhyayaprava^ane ityadhikara/ra darjayati I pratigrahe
data pratigrahita[ra] n'dhnuvanti i rz'tvigya^amana yagane i tada^ak-
tau kshatradharmewa ^ivayet, or have corruptions of this passage.
I cannot come to any other conclusion than that the passage
which precedes the words translated by me are a very ancient
interpolation, caused by the embodiment of a portion of an old
Bhashya with the text, and that all our MSS., however much they
may differ, go back to one codex archetypus.

1 1. Gautama Introduction, p. Hi.

18. Gautama VII, 25. 19. VasishMa II, 24.

20-21. VasishMa II, 32.

22. Vasish///a VIII, 3. The religious ceremonies to be performed
with the sacred domestic fire, which, according to Baudhavana,



23. Now, beginning with the Agnyadheya, follow
these (rites in an) uninterrupted (series), as, for
instance, the Agnyadheya, the Agnihotra, the new
and full moon sacrifices, the Agrayawa at the winter
and summer solstices, the animal sacrifice, the
A'aturmasyas at the beginning of each season, the
Shadd&otri in spring, the Agnish/oma. Thus the
attainment of bliss (is secured).

24. Now they quote also (the following verse):
' Neither he who is accustomed to sleep in the day-
time, nor he who eats the food of anybody, nor
he who falls from a height to which he has climbed,
can reach heaven as he desires.'

25. Let him avoid meanness, hard-heartedness,
and crookedness.

26. Now they quote also with reference to this
(subject the following) verse in the dialogue between
the daughters of U^anas and Wzshaparvan : ' Thou,
forsooth, art the daughter of one who praises
(others), who begs and accepts (gifts); but I am
the child of one who is praised, who gives gifts and
does not accept them.'

should be kindled at the wedding, not on the division of the paternal
estate (Gautama V, 7), are the so-called Grihya. ceremonies (Gau-
tama V, 8-9).

23. VasishMa XI, 46. The sacrifices enumerated in this Sutra
require three fires, and belong to the jrauta or vaitSnika ya^as.
The Sha.dJtotrt mentioned here seems to be the animal sacrifice
mentioned in the commentary on KatySyana -Srauta-sutra VI, 1,36.

24. An arfk%apatita, 'he who falls from a height to which he
has climbed/ is, according to Govinda, an ascetic who slides back
into civil life.

25. Vasish/^a VI, 40 ; X, 30. Govinda explains jaVAyam, ' hard-
heartedness,' by saktau satySm api paropakMkaranam, ' not doing
a kindness to others though one is able to do so.'

26. The dialogue mentioned is that between .9armish/^ and



1. Bathing is suitable for (the practice of) au-

2. The libation to the manes (is offered) after the
gods have been satisfied (with water).

3. They pour out water which gives strength,
from one Tirtha after the other.

4. Now they quote also (the following verses):
4 With flowing, unconfined water twice-born men of
the three castes shall satisfy the gods, ^zshis, and
manes, when they have risen in the morning.'

5. ' They shall not offer (libations of water) con-
fined (in tanks and wells). (If they do it), he who
made the embankment, will obtain a share (of the
merit cf their devotion).'

6. ' Therefore let him avoid embankments (around
tanks) and wells made by others.'

7. Now they quote also (the following verse) :
' Or, in times of distress not as a rule he may
bathe in (water) confined (in tanks), after taking out
three lumps (of earth) ; from a well (let him take
three) lumps of clay and three jars of water/

Devayani, which occurs Mahabharata I, 78. The verse quoted is
the tenth of that Adhyaya, and agrees with ours, except that
sutaham is read for ath^ham in the beginning of the second half

5. 3. As to the Tirthas, see above, I, 5, 8, 15-16.

5. Manu IV, 201. 6. Vishmi LXIV, i.

7. Vishu LXIV, 2. I read the verse as follows: uddhrz'tya
vapi trin pid&n kuryad apatsu no sada I niruddhasu /a mr/'tpi</an
kupat trin abgha/iwstatheti II The Dekhan MSS. read at the end
of the second half verse, kupawzstrinava/awzstatha ; M. has kupa-
trinabapa/anstatha" ; while C. I. gives kupat trin gha/awstatha".
Nandapa;/(/ita on Vishwu, loc. cit., seems to have had the latter



8. If he has accepted presents from one who is
able to give presents to many, or from one whose
presents ought not to be accepted, or rf he has
sacrificed for one for whom he ought not to have
sacrificed, or if he has eaten food (given by a person)
whose food must not be eaten, he shall mutter the

9. Now they quote also (the following verse) :
* Those who improperly associate with (an outcast)
teacher, those who improperly associate with (out-
cast) pupils, and those who improperly associate (with
outcasts) by (accepting their) food or by (reciting)
Mantras (for them), enter into deep darkness.'

10. Now (follow) the duties of a Sndtaka.

11. After offering at the morning and at the
evening (meals) with (a portion of) the food which
he may have, the VaLrvadeva and the Bali-offerings,
he shall honour, according to his ability, Brihmawas,
Kshatriyas, Vai-syas, and .Sudras (who may come to
his house as) guests.

12. If he cannot (afford to give food) to many, let
him give (something) to one who possesses good

1 3. Or to him who has come first.

14. If a .Sudra (has come as) a guest, he shall
order him (to do some) work, (and feed him after-
wards) ;

reading, and to have changed it to ' kfipat tu trin gha/a;statha/ in
order to save the metre. The sense remains the same.

8. Manu XI, 254. The text is found Rig-veda IX, 58. Govinda
explains bahupratigrahya, ' one who is able to give presents to
many,' by bahubhri'tyabharawakshama, ' one who is able to support
many servants/

ro. Vasish/Aa XII, i. " VasishMa XI, 3-9-

14. Apastamba II, 2, 4, 19.


15. Or (if he cannot spare much), he may give a
first portion (agrya) to a .Srotriya.

1 6. It is prescribed that the division (of the food)
shall be made without detriment to (the interests
of) those who daily receive a portion.

1 7. But he shall never eat without having given
away (some small portion of the food).

1 8. Now they quote also two verses which have
been proclaimed by (the goddess of) food: 'Him
who, without giving me to the gods, the manes, his
servants, his guests and friends, consumes what has
been prepared and (thus), in his exceeding folly,
swallows poison, I consume, and I am his death.
But for him who, offering the Agnihotra, performing
the Vai-svadeva, and honouring guests, eats, full of
contentment, purity, and faith, what remains after
feeding those whom he must support, I become
ambrosia, and he (really) enjoys me.'

19. Presents of money must be given, according
to one's ability, to good Brdhmawas, ^rotriyas, and
Vedaparagas, when they beg outside the Vedi, for the
sake of Gurus, in order to defray (the expenses of)
their marriages, or of medicine, or when they are
distressed for a livelihood, or desirous to offer a
sacrifice, or engaged in studying, or on a journey,
or have performed a Vi-rva^it sacrifice.

15. Vasish/#a XI, 5. Govinda quotes a verse, according to
which an agrya, ' first portion,' is equal to sixteen mouthfuls, each
of the size of a peahen's egg.

16. Apastamba II, 4, 9,10-11. 'Those who daily receive a
portion' (nityabhaktika), i.e. sons, wives, and so forth. Govinda.
But see also Apastamba, loc. cit.

19. Gautama V, 20-21, and notes. ' A good Brahmawa, i. e. one
who follows the rule of conduct.' Govinda.



20. Cooked food (must be given) to other

2 1 . Let him eat (seated) in a pure, enclosed place,
after having well washed his hands and feet and
after having sipped water, respectfully receiving the
food which is brought to him, keeping himself free
from lust, anger, hatred, greed, and perplexity, (con-
veying the food into his mouth) with all his fingers
and making no noise (during mastication).


1. Let him not put back into the dish a remnant
of food.

2. If he eats (food), containing meat, fish, or sesa-
mum, he shall (afterwards) wash and touch fire,

3. And bathe after sunset.

4. Let him avoid a seat, clogs, sticks for cleaning
the teeth, and other (implements) made of Paletra

20. Gautama V, 22.

21. Vasish/fo XII, 19-20; Vishu LXVIII, 46. 'This is the
rule for him who makes an offering to Atman (i. e. performs the
Prjbagnihotra at his meal).' Govinda. See also below, II, 7, 12.

6. i. 'I.e. he shall take up as much food only as he can
swallow at one mouthful.' Govinda.

2. The Dekhan and Gujarat MSS., including K., add madhu,
' honey,' after sesamum.

3. This and the following six Sutras are left out in M. and the
two copies of the commentary. If they have, nevertheless, been
received into the text, the reason is that similar rules occur in all
Dharmasutras, and that Sutra 3 begins with astamite, while asta-
maye occurs in Sutra 10. It seems therefore probable that the
writer of the MS. from which M. and Govinda's copies are derived,
skipped over a line by mistake.

4-7. Vasish///a XII, 34-38-

242 BAUDHAYANA. TI, 3, 6.

5. Let him not eat (food placed) in his lap,

6. Nor on a chair.

7. He shall carry a staff, made of bamboo, and
golden earrings.

8. Let him not rub one foot with the other while
bathing, nor place the one on the other while

9. Let him not wear a visible garland.

10. Let him not look at the sun when he rises or

11. Let him not announce (the appearance of a
rainbow) to another (man, saying), 'There is Indra's

1 2. If he points it out, he shall 'the jewelled

1 3. Let him not pass between the prakilaka and
the beam at the town gate,

14. Nor let him pass between the two posts of a

15. Let him not step over a rope to which a calf
is tied.

1 6. Let him not step on ashes, bones, hair, chaff,
potsherds, nor on a bathing-place (moist with)

8. Vishnu LXXI, 40. 9. Vasish//5a XII, 39.

10-. VasishMa XII, 10:
n-12. Vasish//fo XII, 32-33.

13. Govinda explains prakilaka by 'a piece of wood fastened at
the town gate.' Etymologically it would mean ' a strong bolt.'
Possibly the rule may be equivalent to Apastamba I, n, 31, 23, and
mean that a Snataka is not to creep through the small door
which is found in all Indian town gates, and left open after the
gates have been shut.

14. Apastamba I, n, 31, 16. 15. Vasish/Vfa XII, 9.
1 6. Gautama IX, 15 ; Manu IV, 132.



1 7. Let him not announce it to another (man if) a
cow suckles (her calf).

1 8. Let him not say of (a cow which is) not a
milch-cow, ' She is not a milch-cow.'

19. If he speaks (of such a one), let him say, 'It is
one which will become a milch-cow.'

20. Let him not make empty, ill-sounding, or
harsh speeches.

21. Let him not go alone on a journey,

22. Nor with outcasts, nor with a woman, nor
with a 6*udra.

23. Let him not set out (on a journey) towards

24. Let him not bathe (entirely) naked.

25. Let him not bathe at night.

26. Let him not cross a river swimming.

27. Let him not look down into a well.

28. Let him not look down into a pit.

29. Let him not sit down there, where another
person may order him to rise.

30. Way must be made for a Brahmawa, a cow, a
king, a blind man, an aged man, one who is suffering
under a burden, a pregnant woman, and a weak

31. A righteous man shall seek to dwell in a
village where fuel, water, fodder, sacred fuel, Kara
grass, and garlands are plentiful, access to which is

17. Vishnu LXXI, 62. 18-19. Gautama IX, 19.

20. Manu IV, 177 ; Vishmi LXXI, 57, 72, 74.
21-23. Manu IV, 140. 24. Gautama IX, 61.

26. VasishMa XII, 45.

29. E. g. in the palace of a king, whence the attendants may
drive him.

30. Vasish/tfa XIII, 58. 3'- Gautama IX, 65.

R 2

244 BAUDHAVANA. II, 3, 6.

easy, where many rich people dwell, which abounds in
industrious people, where Aryans form the majority,
and which is not easily entered by robbers.

32. 'A Brahmawa who, having wedded a wife of
the .Sudra caste and dwells during twelve years in a
village where water (is obtainable) from wells only,
becomes equal to a .Sudra.'

33. (If you say that) he who lives in a town and
whose body is covered with the dust, (raised) by
others, and whose eyes and mouth are filled with it,
will obtain salvation, if he restrains himself, (I de-
clare that) that is impossible.

34. ' The dust raised by carriages, horses, ele-
phants, and cows, and (that which comes) from grain
is pure, blamed is (that raised) by a broom, goats,
sheep, donkeys, and garments.'

35. Let him honour those who are worthy of

36. ' A jRtshi, a learned man, a king, a bride-
groom, a maternal unde, a father-in-law, and an
officiating priest are mentioned in the Sjiwrti as
worthy of the honey-mixture at certain times and

37. 'A JKtshi, a learned man, and a king must be

33. Apastamba I, u, 32, 21.

36. Vasish/fta XI, 1-2. A ./?/shi is, according to Govinda, a
man who knows not only the text of the Mantras, but also their
sense. But Baudhyana, Gr/hya-sutra I, n, 4, says that a man
who knows, besides the .Sakhd and its Ahgas, the Kalpa also, is
called Tfashikalpa, i. e. one almost a .# z'shi. See also Apastamba
I, 2, 5, 5. A learned man (vidvas) is probably a student who has
finished not only his vow, but learned the Veda, a so-called vidya-
snataka, Apastamba 1, 1 1, 30, 3. Regarding the arghya or madhu-
parka, the honey-mixture, see Apastamba II, 4, 8, 7-9.

37. Gautama V, 27-30. I read kriyarambhe varartvi^au. The


honoured whenever they come, a bridegroom and
a priest at the beginning of the religious rites, a
maternal uncle and a father-in-law when a year has
elapsed since their last visit.'

38. ' Let him raise his right arm .on (entering) the
place where the sacred fire is kept, in the midst of a
herd of cows, in the presence of Brahmawas, at the
daily recitation of the Veda, and at dinner.'

39. ' An upper garment must be worn on the fol-
lowing five occasions : during the daily study, during
the evacuation (of excrements), when one bestows
gifts, at dinner, and while one sips water.'

40. ' While one offers oblations in the fire, while
one dines, bestows gifts, offers (food to deities or
Gurus), and accepts presents, (the right hand) must
be placed between the knees.'

41. 'The revealed texts declare, that the creatures
depend on food, food is life; therefore gifts of
food must be made. Food is the most excellent of
sacrificial viands.'

42. 'Sin is removed by burnt offerings, burnt
oblations are surpassed by (gifts of) food, and gifts
of food by kind speeches. That (is declared) to us
in the revealed texts.'

i. Now, therefore, we will declare the rule for
(performing) the twilight devotions.

meaning is that a bridegroom is to receive the honey-mixture when
he comes to his father-in-law's house for his wedding, and an offi-
ciating priest when he comes to perform a sacrifice.

38. Vishmi LXXI, 60. Govinda adds that the act is performed
as a salutation.

41. See e.g, Taittiriya Arayaka VIII, 2.

246 BAUDHAYANA. II, 4, 7.

2. Going to a (sacred) bathing-place, he shall
bathe, in case he is impure; in case he is pure, he

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