18 April 2012

Ancient Indian Law – III

1

Introduction to Dharmashastras

The Dharmashastras are bound to shock the sensibilities of many educated modern men and women. These scriptures belong to an age when people conducted their lives based on certain beliefs, values, traditions and assumptions. It is not fair to judge them based on our present day values and social norms. On the positive side Hinduism marched ahead while these law books lost their relevance and fell aside into the dustbin of history. The books have become relics of the past while Hinduism assimilated new currents of thought and transformed itself into a progressive, evolving and expanding religious tradition.
Dharma is a very elaborate concept of Hinduism which we have described elsewhere. Its principal aim is to preserve the world order (Rta), by maintaining its overall structure, basic values and innate harmony. According to Hinduism, one of the main functions of the Divinities is to protect the creation by maintaining the Dharma in all the worlds. The rules of Dharma are not universal. They are bound to time and space and are subject to perennial change.
They are also not applicable to all human beings or the entire creation. At the highest level of human or divine existence, when man transcends his animal nature and the qualities of the three gunas, there are actually no laws to govern him, because in the transcendental planes there are no bounds, only awareness, understanding and an overwhelming sense of love and understanding. In truth, he governs himself, very much like God, out of a sense of self responsibility and lack of desires.
The Dharama Shastras were meant for people who were driven by the illusory world, who would engage in desire oriented actions and needed to be regulated for the purpose of maintaining or preserving the moral, social and political order. They were composed to emphasise the importance of leading a virtuous and divine oriented life on earth and remain on the side of God for a better tomorrow and harmonious today.
Unlike the Vedas which are believed to be divine in origin, the Dharma Shastras represented the collective wisdom of intellectuals, scholars, politicians and law makers who created them. Some of them had their own reasons to support a belief system that ensured the continuation of their family names and privileges and at the same time kept the lower castes and the women at the bottom of the oppressive, feudal and religious hierarchy. In the name of God and religion, in a society that believed in the laws of karma and the possibility of a better life through reincarnation, the Dharma Shastras attempted to achieve this rather complicated task on an ongoing basis. They laid down elaborate rules to deny a vast majority of the people the right to live a decent life and made provisions at the same time for the continuation of a system which, from present day values, was extremely racial and arrogantly inhumane.  Interestingly, although a vast majority of the people were not aware of these law books, because they were not allowed to read and study, they somehow remained subservient to these laws and accepted them as their lot. In this regard they were like the medieval farmers of Russia or Europe, who willingly subjected themselves to the feudal structure and the laws of the Church that perpetrated it.
Some of the laws prescribed in the Dharama Sutras are therefore bound to offend the sensibilities and sentiments of many modern day Hindus, who have been brought upon the values of equality, individual liberty and social justice. Many verses in these scriptures stand in contrast to these fundamental values that define many democratic societies today and characterise the free world. Readers are requested to consider these scriptures from an academic or historical point of view to understand the times they represent. To consider them as the authoritative text books of present day moral or social values of Hinduism would be an anathema. They belong to a particular time frame and represent certain social and moral values most of which are irrelevant today.  Some critics of Hinduism use these texts as an opportunity to denigrate Hinduism and divide Hindu society. But to judge Hinduism based upon these texts is like judging present day Europeans based upon the medieval incidences of persecutions or the Americans on the basis of the slavery system that was practiced in North America in the 18th or the 19 the century. Hinduism has been an ever evolving religion.  It accepts change as the central quality of creation, and an awareness of it as the principal motivator of self realization. In the process of its evolution, Hinduism has shaped itself into a wonderful religion of the highest human vision. This has become possible because embedded in its core is the basic truth that religious philosophy is the product of man’s highest wisdom and that, as the times change and as man becomes increasingly self aware and intuitively intelligent, his philosophy of life and the scope of his vision would also change.
Hinduism has come a long way from the days of untouchability and social inequality of the ancient and medieval periods to its present day unique status. Despite of its sordid past in the social sphere, today Hinduism has been able to resolve the inconsistencies and anachronisms of its past in a dignified and refined way, discarding the worst and keeping the best the religion represents.
In this regard, the credit goes to the untiring work of many eminent social reformers and noble souls, who have sculpted a wonderful religion out of Hinduism through their contact with the Divine nature of man and their awareness of the wisdom of Truth. They are active even today, preparing Hinduism for the coming generations, who would be scientifically more aware and spiritually more demanding. The silent revolution within Hinduism has been still going on, despite of attacks from within and without, to embrace the future that is shaping itself in the womb of the earth. Hinduwebsite salutes all those who are trying to redefine Hinduism and making it more relevant to the problems of the present day complex world.
Overview
Dharmauastra is a genre of Sanskrit texts and refers to the uastra, or Hindu branch of learning, pertaining to dharma, religious and legal duty. The voluminous textual corpus of Dharmauastra is primarily a product of the Brahmanical tradition in India and represents the elaborate scholastic system of an expert tradition. Because of its sophisticated jurisprudence, Dharmauastra was taken by early British colonial administrators to be the law of the land for Hindus in India.  Ever since, Dharmauastra has been linked with Hindu law, despite the fact that its contents deal as much or more with religious life as with law. In fact, a separation of religion and law within Dharmauastra is artificial and has been repeatedly questioned. Dharmauastra is important within the Hindu tradition—first, as a source of religious law describing the life of an ideal householder and, second, as symbol of the summation of Hindu knowledge about religion, law, ethics, etc.
Principal Texts
While there are literally hundreds of Dharmauastra texts and many more commentaries and digests, the principal Dharmauastra texts include 1) the four Dharmasutras of Apastamba, Gautama, Baudhayana, and Vasicmha, dating from around the third to first centuries BC, 2) the major smitis of Manu, Yajnvalkya, Narada, Vicgu, Bihaspati and Katyayana, tentatively dating from between the first and sixth centuries AD, and 3) the many commentaries and digests, including prominently those of Aparaditya, Asahaya, Bhamma Nilakagta, Devaggabhamma, Hemadri, Jimutavahana, Lakcmidhara, Madhava, Mcdhatithi, Mitra Miura, Raghunandana, Vacaspatimiura, Varadaraja, Vijnaneuvara, and Viuvarupa, among many others. Dharma or Dhamma (Natural Law) refers to the underlying order in Nature and human behaviour considered to be in accord with that order. Ethically, it means ‘right way of living’ or ‘proper conduct,’ especially in a religious sense. With respect to spirituality, dharma might be considered the Way of the Higher Truths. Dharma is a central concept in religions and philosophies originating in India. These religions and philosophies are called Dharmic religions. The principal ones are Hinduism (Sanatana Dharma), Buddhism (Buddhadharma), Jainism (Jaina Dharma), and Sikhism, all of which emphasise Dharma (the correct understanding of Nature) in their teachings. From the River of Heaven: Hindu and Vedic Knowledge for the Modern Age by David Frawley Pagan Theology: paganism as a world religion by Michael York List of religions In these traditions, beings that live in accordance with Dharma proceed more quickly toward Dharma Yukam, Moksha or Nirvana (personal liberation). Dharma also refers to the teachings and doctrines of the founders of these traditions, such as those of Gautama Buddha and Mahavira. In traditional Hindu society with its caste structure, Dharma constituted the religious and moral doctrine of the rights and duties of each individual.
Meanings and Origins of the Word Dharma
In the Rigveda, the word appears as an n-stem, with a range of meanings encompassing “something established or firm” (in the literal sense of prods or poles), figuratively “sustainer, supporter” (of deities), and in the abstract, similar to the semantics of Greek ethos, “fixed decree, statute, law”, The word is from a root common Indo-Iranian root dhar “to fasten, to support, to hold”, continuing PIE dher, in the IEW connected with Latin frenum “rein, horse tack”, Germanic words for “hidden, held back” (OHG tarni “latens”), and extended to dher-gh, with OCS “to hold, possess”. Etymological identity of dharma with Latin firmus (whence English firm) has been suggested, but remains uncertain.
From the Atharvaveda and in Classical Sanskrit, the stem is thematic, and in Pali, it takes the form dhamma. Monier-Williams attempts to gesture at the semantic field of the spiritual and religious meanings of the term with “virtue, morality, religion, religious merit”. It being used in most or all philosophies and religions of Indian origin, the “dharmic faiths” including Hinduism (Sanatana Dharma), Buddhism, Jainism and Sikhism, it is difficult to provide a single concise definition for Dharma. The word has a long and varied history and straddles a complex set of meanings and interpretations. Dharma also is practiced in the Surat Shabda Yoga traditions. Rene Guenon, father of the 20th century school of perennial philosophy, said:
It [dharma] is, so to speak, the essential nature of a being, comprising the sum of its particular qualities or characteristics, and determining, by virtue of the tendencies or dispositions it implies, the manner in which this being will conduct itself, either in a general way or in relation to each particular circumstance. The same idea may be applied, not only to a single being, but also to an organised collectivity, to a species, to all the beings included in a cosmic cycle or state of existence, or even to the whole order of the Universe; it then, at one level or another, signifies conformity with the essential nature of beings? (from Guenon’s “Introduction to the Study of Hindu Doctrines”)
David Frawley, an expert on Hindu philosophy and religion, comments on Dharma as follows:
A universal tradition has room for all faiths and all religious and spiritual practices regardless of the time or country of their origin. Yet it places religious and spiritual teachings in their appropriate place relative to the ultimate goal of Self-realization, to which secondary practices are subordinated. Sanatan Dharma also recognises that the greater portion of human religious aspirations has always been unknown, undefined and outside of any institutionalised belief. Sanatan Dharma thereby gives reverence to individual spiritual experience over any formal religious doctrine. Wherever the Universal Truth is manifest; there is Sanatan Dharma? whether it is in a field of religion, art or science, or in the life of a person or community. Wherever the Universal Truth is not recognised, or is scaled down or limited to a particular group, book or person, even if done so in the name of God, there Sanatan Dharma ceases to function, whatever the activity is called.
According to the Natchintanai Scripture:
By the laws of Dharma that govern body and mind, you must fear sin and act righteously. Wise men by thinking and behaving in this way become worthy to gain bliss both here and hereafter.
Yama, the lord of death, is also known as Dharma, since he works within the laws of karma and morality, regulated by divine principles. More familiar is the embodiment of Dharma in Lord Rama, an avatar of Vishnu. The eldest Pandava, Yudhishthira was referred to as Dharma Raj (Most pious One) owing to his steadfastness to Truth & Dharma.
In ancient Vedic tradition, the Dharma was decided by the holy Kings or Dharma Raja. Dharma rajas include Manu who by tradition saves the Vedas before the flood, Rama, Yudhisthira, and Buddha. The teachings, doctrines, philosophies and practices associated with furthering Dharma are also referred to as such. Sometimes, specific qualifiers are used-viz. Buddha-Dharma and Jaina-Dharma to distinguish them from Hindu Dharma. For many Buddhists, the Dharma most often means the body of teachings expounded by the Buddha. The word is also used in Buddhist phenomenology as a term roughly equivalent to phenomenon, a basic unit of existence and/or experience. In scripture translations dharma is often best left untranslated, as it has acquired a lively life of its own in English that is more expressive than any simplistic translation. Common translations and glosses include “right way of living,” Divine Law, Path of Righteousness, order, faith, “natural harmony,” rule, fundamental teachings, and duty. Dharma may be used to refer to rules of the operation of the mind or universe in a metaphysical system, or to rules of comportment in an ethical system. In modern Indian languages, such as Hindi, dharma can also mean simply “religion.” In this meaning, for example, a Muslim is a person who follows the dharma of Islam.
Dharma in Hinduism
Within Indian philosophy “dharma” also means “property” and “dharmin” means “property-bearer”. In a Sanskrit sentence like “shabdo ‘nitya?”, “sound is impermanent”, “sound” is the bearer of the property “impermanence”. Likewise, in the sentence “iha ghata?”, “here, there is a pot”, “here” is the bearer of the property “pot-existence”-this just goes to show that the categories property and property-bearer are closer to those of a logical predicate and its subject-term, and not to a grammatical predicate and subject.
Origin and Development in Hinduism
A common manner of describing Hinduism among its adherents is as a way of life, as “Dharma.” It defies dogma and thus seeks to instead align the human body, mind, and soul in harmony with nature. Our very limitation is guided under and over a universal understanding, that of Dharma. The Atharva Veda, the last of the four books of the Vedas, utilises symbolism to describe dharma’s role. Thus we are bound by the laws of time, space and causation according to finite reality, which itself is a limitation imposed by the self-projection of the infinite Brahman as the cosmos. Dharma is the foundation of this causal existence, the one step below the infinite. Indeed, dharma is the projection of divine order from Brahman, and as such:
“Prithivim Dharmana Dhritam”
“This world is upheld by Dharma”
—(Atharva Veda)
Proto-dharma: rta in the Vedas
To assess a concept whose explication is bewildering in range, it is useful to trace its nascence and subsequent development in Vedic culture. In the Vedas, which span back to 2000 BCE (and much further in oral tradition), the first concept that is strikingly dharmic is that of rta.
Rta literally means the “course of things.” At first, the early Hindus (or followers of the “Sanatan Dharma”) were notably inquisitive as to the inscrutable order of nature, how the heavenly bodies, the rushing winds and flowing waters, the consistent cycling of the seasons, were regulated. Thenceforth sprang rta, whose all-purpose role it was to signify this order, the path that was always followed. Through all the metamorphoses and permutations of nature, of life in general, there was one unchangeable fact: rta. Soon it transcended its passive role as a mere signifier and took on a greater one, that of an active imposition of order. Not only the natural principles, but the gods and goddesses themselves, were obliged to abide by rta. Rta became the father, the law of justice and righteousness, unyielding but eminently fair. It grew, as Radhakrishnan states, from “physical” to “divine” in its purvey.
The world’s seeming mess of altercating fortune, the caprice of the divinities, was now intelligible. Indeed, there was a single, unchanging harmony working ‘behind the scenes.’ A right path existed, ready to be taken by the righteous ones. Rta signifies the way life ought to be, shifting from physical to divine, from natural to moral order. Rta was morality, the equitable law of the universe. The conception of this all-transcending, supramental force that is, practically, the same concept as later understandings of dharma, is captured in this early Vedic prayer, pre-empting the liturgical strains of classical Hindu mantras involving dharma:
O Indra, lead us on the path of Rta, on the right path over all evils.”
—(Rig Veda Book X, Chapter CXXXIII, Verse 6)
Thus we see the logical progression of an early ‘course of things’ into an all-encompassing moral order, a path and way of righteousness, an all-encompassing harmony of the universe, in the Vedic idea of Rta.
Developing Conceptions
An earlier and insightful demonstration of the continuity of thought from rta to dharma is a brief but “pregnant definition” (of dharma given in the Brihadaranyaka Upanishad, a part of the Veda. Founded upon the Hindu ideas of, as R. H. Hume’s “intelligent monism,” with Brahman the monad, the Upanishads saw dharma as the universal principle of law, order, harmony, all in all truth, that sprang first from Brahman. It acts as the regulatory moral principle of the universe. It is sat, truth, a major tenet of Hinduism. This hearkens back to the conception of the Rig Veda that “Ekam Sat,” (Truth Is One), of the idea that Brahman is “Sacchidananda” (Truth-Consciousness-Bliss). Dharma has imbibed the highest principles of Truth, and as such is the central guiding principle in the Hindu conception of existence. Dharma is not just law, or harmony, it is pure Reality. In the Brihadaranyaka’s own words:
Verily, that which is Dharma is truth.
Therefore they say of a man who speaks truth, ‘He speaks the Dharma,’ or of a man who speaks the Dharma, ‘He speaks the Truth
.’
Verily, both these things are the same.”    — (Brh. Upanishad, 1.4.14)
Dharma as a Purushartha
In moving through the four stages of life, viz. Brahmacharya, Grihastha, Vaanprastha, Sanyaasa, a person also seeks to fulfil the four essentials (purushaartha) of Dharma, Artha (worldly gain}, Kama (sensual pleasures), and Moksha (liberation from reincarnation or rebirth).  Moksha, although the ultimate goal, is emphasised more in the last two stages of life, while Artha and Kama are primary only during Grihasthaashram. Dharma, however is essential in all four stages. Kane’s View: According to Dr. Pandurang Vaman Kane, the word “Dharma” acquired a sense of “the privileges, duties and obligations of a man, his standard of conduct as a member of the Aryan community, as a member of the caste and as a person in a particular state of life.”
The God Dharma
Dharma is also the name of a Deva in charge of Dharma. He is born from the right breast of Brahma, is married to ten daughters of Daksha and fathers Shama, kama and Harahsa. He is also the father of the celebrated Rishis Hari, Krishna, Nara and Naryana. In the Epioc Mahbharata Dharma is invoked by Kunti and she begets her eldest son Yudhisthira from him. As such Yudhisthir is know as Dhrmaputra. Dharma is not to be confused with Yama, the God of the Dead and the God of Death. Yama is a Dhram abididng Deva and is hence called Dharamaraj.

2

Apastamba Sutras

For all students of Sanskrit philology and Indian history Apastamba’s aphorisms on the sacred law of the Aryan Hindus possess a special interest beyond that attaching to other works of the same class.
Their discovery enabled Professor Max Muller, forty-seven years ago, to dispose finally of the Brahmanical legend according to which Hindu society was supposed to be governed by the codes of ancient sages, compiled for the express purpose of tying down each individual to his station, and of strictly regulating even the smallest acts of his daily life.
It enabled him not only to arrive at this negative result, but also to substitute a sounder theory the truth of which subsequent investigations have further confirmed, and to show that the sacred law of the Hindus has its source in the teaching of the Vedic schools, and that the so-called revealed law codes are, in most cases, but improved metrical editions of older prose works which latter, in the first instance, were destined to be committed to memory by the young Aryan students, and to teach them their duties.
This circumstance, as well as the fact that Apastamba’s work is free from any suspicion of having been tampered with by sectarians or modern editors, and that its intimate connection with the manuals teaching the performance of the great and small sacrifices, the Srauta and Grihya-sutras, which are attributed to the same author, is perfectly clear and indisputable, entitle it, in spite of its comparatively late origin, to the first place in a collection of Dharmasutras.
The Apastambiya Dharma-sutra forms part of an enormous Kalpa-sutra or body of aphorisms, which digests the teaching of the Veda and of the ancient Rishis regarding the performance of sacrifices and the duties of twice-born men, Brahmanas, Kshatriyas, and Vaisyas, and which, being chiefly based on the second of the four Vedas, the Yagur-veda in the Taittiriya recension, is primarily intended for the benefit of the Adhvaryu priests in whose families the study of the Yagur-veda is hereditary.
The entire Kalpa-sutra of Apastamba is divided into thirty sections, called Prasnas, literally questions. The first twenty-four of these teach the performance of the so-called Srauta or Vaitanika sacrifices, for which several sacred fires are required, beginning with the simplest rites, the new and full moon offerings, and ending with the complicated Sattras or sacrificial sessions, which last a whole year or even longer.
The twenty-fifth Prasna contains the Paribhashas or general rules of interpretation, which are valid for the whole Kalpa-sutra, the Pravara-khanda, the chapter enumerating the patriarchs of the various Brahmanical tribes, and finally the Hautraka, prayers to be recited by the Hotraka priests. The twenty-sixth section gives the Mantras or Vedic prayers and formulas for the Grihya rites, the ceremonies for which the sacred domestic or Grihya fire is required, and the twenty-seventh the rules for the performance of the latter. The aphorisms on the sacred law fill the next two Prasnas; and the Sulva-sutra, teaching the geometrical principles, according to which the altars necessary for the Srauta sacrifices must be constructed, concludes the work with the thirtieth Prasna.
The position of the Dharma-sutra in the middle of the collection at once raises the presumption that it originally formed an integral portion of the body of Sutras and that it is not a later addition. Had it been added later, it would either stand at the end of the thirty Prasnas or altogether outside the collection, as is the case with some other treatises attributed to Apastamba. The Hindus are, no doubt, unscrupulous in adding to the works of famous teachers. But such additions, if of considerable extent, are usually not embodied in the works themselves which they are intended to supplement. They are mostly given as seshas or parisishtas, tacked on at the end, and generally marked as such in the MSS.
In the case of the Apastamba Dharma-sutra it is, however, not necessary to rely on its position alone, in order to ascertain its genuineness. There are unmistakable indications that it is the work of the same author who wrote the remainder of the Kalpa-sutra. One important argument in favour of this view is furnished by the fact that Prasna XXVII, the section on the Grihya ceremonies has evidently been made very short and concise with the intention of saving matter for the subsequent sections on the sacred law. The Apastambiya Grihya-sutra contains nothing beyond a bare outline of the domestic ceremonies, while most of the other Grihya-sutras, e.g. those of Asvalayana, Sankhayana, Gobhila, and Paraskara, include a great many rules which bear indirectly only on the performance of the offerings in the sacred domestic fire.
Thus on the occasion of the description of the initiation of Aryan students, Asvalayana inserts directions regarding the dress and girdle to be worn, the length of the studentship, the manner of begging, the disposal of the alms collected, and other similar questions. The exclusion of such incidental remarks on subjects that are not immediately connected with the chief aim of the work, is almost complete in Apastamba’s Grihya-sutra, and reduces its size to less than one half of the extent of the shorter ones among the works enumerated above. It seems impossible to explain this restriction of the scope of Prasna XXVII otherwise than by assuming that Apastamba wished to reserve all rules bearing rather on the duties of men than on the performance of the domestic offerings, for his sections on the sacred law.
A second and no less important argument for the unity of the whole Kalpa-sutra may be drawn from the cross-references which occur in several Prasnas. In the Dharma-sutra we find that on various occasions, where the performance of a ceremony is prescribed, the expressions yathoktam, ‘as has been stated,’ yathopadesam, ‘according to the injunction,’ or yatha purastat, ‘as above,’ are added. In four of these passages, Dh. I, 1, 4, 16; II, 2, 3, 17; 2, 5, 4; and 7, 17, 16, the Grihya-sutra is doubtlessly referred to, and the commentator Haradatta has pointed out this fact. On the other hand, the Grihya-Sutra refers to the Dharma-sutra, employing the same expressions which have been quoted from the latter. Thus we read in the beginning of the chapter on funeral oblations, Grihya-sutra VIII, 21, 1, masisraddhasyaparapakshe yathopadesam kalah, ‘the times for the monthly funeral sacrifice (fall) in the latter (dark) half of the month according to the injunction.’ Now as neither the Grihya-sutra itself nor any preceding portion of the Kalpa-sutra contains any injunction on this point, it, follows that the long passage on this subject which occurs in the Dharma-sutra II, 7, 16, 4-22 is referred to. The expression yathopadesam is also found in other passages of the Grihya-sutra, and must be explained there in a like manner. There are further a certain number of Sutras which occur in the same words both in the Prasna on domestic rites, and in that on the sacred law, e.g. Dh. I, 1, A; I, 1, 2, 38; I, 1, 4, 14. It seems that the author wished to call special attention to these rules by repeating them. Their recurrence and literal agreement may be considered an additional proof of the intimate connection of the two sections.
Through a similar repetition of, at least, one Sutra it is possible to trace the connection of the Dharma-sutra with the Srauta-sutra. The rule ritve va gayam, ‘or (he may have conjugal intercourse) with his wife in the proper season’, is given, Dh. II, 2, 5, 17, with reference to a householder who teaches the Veda. In the Srauta-sutra it occurs twice, in the sections on the new and full moon sacrifices III, 17, 8, and again in connection with the Katurmasya offerings, VIII, 4, 6, and it refers both times to the sacrificer. In the first passage the verb, upeyat, is added, which the sense requires; in the second it has the abbreviated form, which the best MSS of the Dharma-sutra offer. The occurrence of the irregular word, ritve for ritvye, in all the three passages, proves clearly that we have to deal with a self-quotation of the same author. If the Dharma-sutra were the production of a different person and a later addition, the Pseudo-Apastamba would most probably not have hit on this peculiar irregular form. Finally, the Grihya-sutra, too, contains several cross-references to the Srauta-sutra, and the close agreement of the Sutras on the Vedic sacrifices, on the domestic rites, and on the sacred, both in language and style, conclusively prove that they are the compositions of one author.
Who this author really was, is a problem which cannot be solved for the present, and which probably will always remain unsolved, because we know his family name only. For the form of the word itself shows that the name Apastamba, just like those of most founders of Vedic schools, e.g. Bharadvaga, Asvalayana, Gautama, is a patronymic. This circumstance is, of course, fatal to all attempts at an identification of the individual who holds so prominent a place among the teachers of the Black Yagur-veda.
But we are placed in a somewhat better position with respect to the history of the school which has been named after Apastamba and of the works ascribed to him. Regarding both, some information has been preserved by tradition, and a little more can be obtained from inscriptions and later works, while some interesting details regarding the time when, and the place where the Sutras were composed, may be elicited from the latter themselves. The data, obtainable from these sources, it is true, do not enable us to determine with certainty the year when the Apastambiya school was founded, and when its Sutras were composed. But they make it possible to ascertain the position of the school and of its Sutras in Vedic literature, their relative priority or posteriority as compared with other Vedic schools and works, to show with some amount of probability in which part of India they had their origin, and to venture, at least, a not altogether unsupported conjecture as to their probable antiquity.
As regards the first point, the Karanavyuha, a supplement of the White Yagur-veda which gives the lists of the Vedic schools, informs us that the Apastambiya school formed one of the five branches of the Khandikiya school, which in its turn was a subdivision of the Taittiriyas, one of the ancient sections of Brahmanas who study, the Black Yagur-veda. Owing to the very unsatisfactory condition of the text of the Karanavyuha it is unfortunately not possible to ascertain what place that work really assigns to the Apastambiyas among the five branches of the, Khandikiyas. Some MSS name them first, and others, last. They give either the following list, 
1. Kaleyas (Kaletas), 
2. Satyavanins, 3. Hiranyakesins, 4. Bharadvagins, and 5. Apastambins, or, 1. Apastambins, 2. Baudhayanins or Bodhayanins, 3. Satyashadhins, 4. Hiranyakesins, 5. Aukheyas. But this defect is remedied to, a certain extent by the now generally current, and probably ancient tradition that the Apastambiyas are younger than, the school of Baudhayana, and older than that of Satyashadha Hiranyakesin. Baudhayana, it is alleged, composed the first set of Sutras connected with the Black Yagur-Veda, which bore the special title ‘pravakana,’ and he was succeeded by Bharadvaga, Apastamba, and Satyashadha Hiranyakesin, who all founded schools which bear their names.
This tradition has preserved two important pieces of information. First, the Apastamba school is what Professor Max Muller appropriately calls a Sutrakarana, i.e. a school whose founder did not pretend to have received a revelation of Vedic Mantras or of a Brahmana text, but merely gave a new systematic arrangement of the precepts regarding sacrifices and the sacred law. Secondly, the Sutras of Apastamba occupy an intermediate position between the works of Baudhayana and Hiranyakesin. Both these statements are perfectly true, and capable of being supported by proofs, drawn from Apastamba’s own and from other works.
As regards the first point, Professor Max Muller has already pointed out that, though we sometimes find a Brahmana of the Apastambiyas mentioned, the title Apastamba-brahmana is nothing but another name of the Taittiriya-brahmana, and that this Brahmana, in reality, is always attributed to Tittiri or to the pupils of Vaisampayana, who are said to have picked up the Black Yagur-veda in the shape of partridges (tittiri). The same remark applies to the collection of the Mantras of the Black Yagur-veda, which, likewise, is sometimes named Apastamba-Samhita. The Karanavyuha states explicitly that the five branches of the Khandikiya school, to which the Apastambiyas belong, possess one and the same recension of the revealed texts, consisting of 7 Kandas, 44 Prasnas, 651 Anuvakas, 2198 Pannasis, 19290 Padas, and 253,868 syllables, and indicates thereby that all these five schools were Sutrakaranas.
If we now turn to Apastamba’s own works, we find still clearer proof that he laid no claim to the title Rishi, or inspired seer of Vedic texts. For (Dharma-sutra I, 2, 5, 4-5 says distinctly that on account of the prevalent transgression of the rules of studentship no Rishis are born, among the Avaras, the men of later ages or of modern times, but that some, by virtue of a residue of the merit which they acquired in former lives, become similar to Rishis by their knowledge of the Veda. A man who speaks in this manner, shows that he considers the holy ages during which the great saints saw with their mind’s eye the uncreated and eternal texts of the Veda to be past, and that all he claims is a thorough acquaintance with the scriptures which had been handed down to him. The same spirit which dictated this passage is also observable in other portions of the Dharma-sutra.
For Apastamba repeatedly contrasts the weakness and sinfulness of the Avaras, the men of his own times, with the holiness of the ancient sages, who, owing to the greatness of their ‘lustre,’ were able to commit various forbidden acts without diminishing their spiritual merit. These utterances prove that Apastamba considered himself a child of the Kali Yuga, the age of sin, during which, according to Hindu notions, no Rishis can be born. If, therefore, in spite of this explicit disclaimer, the Samhita and the Brahmana of the Black Yagur-veda are sometimes called Apastamba or Apastambiya, i.e. belonging to Apastamba, the meaning of this expression can only be, that they were and are studied and handed down by the school of Apastamba, not that its founder was their author, or, as the Hindus would say, saw them.
The fact that Apastamba confined his activity to the composition of Sutras is highly important for the determination of the period to which he belonged. It clearly shows that in his time the tertiary or Sutra period of the Yagur-veda had begun. Whether we assume, with Professor Max Muller, that the Sutra period was one and the same for all the four Vedas, and fix its limits with him between 600-200 B.C., or whether we believe, as I am inclined to do, that the date of the Sutra period differed for each Veda, still the incontestable conclusion is that the origin of the Apastambiya school cannot be placed in the early times of the Vedic period, and probably falls in the last six or seven centuries before the beginning of the Christian era.
The correctness of the traditional statement that Apastamba is younger than Baudhayana may be made very probable by the following considerations. First, Baudhayana’s and Apastamba’s works on Dharma have a considerable number of Sutras in common. Thus in the chapter on Penances not less than seven consecutive Sutras, prescribing the manner in which outcasts are to live and to obtain readmission into the Brahmanical community for their children, occur in both treatises. Besides this passage, there are a number of single Sutras which agree literally. Taken by itself this agreement does not prove much, as it may be explained in various ways. It may show either that Baudhayana is older than Apastamba, and that the latter borrowed from the former, or that the reverse was the case.
It may also indicate that both authors drew from one common source. But if it is taken together with two other facts, it gains a considerable importance. First, Apastamba holds in several cases doctrines which are of a later origin than those held by Baudhayana. With respect to this point the puritan opinions which Apastamba puts forward regarding the substitutes for legitimate sons and regarding the appointment of widows (niyoga), and his restriction of the number of marriage-rites, may be adduced as examples. Like many other ancient teachers, Baudhayana permits childless Aryans to satisfy their craving for representatives bearing their name, and to allay their fears of falling after death into the regions of torment through a failure of the funeral oblations, by the affiliation of-eleven kinds of substitutes for a legitimate son. Illegitimate sons, the illegitimate sons of wives, the legitimate-and illegitimate offspring of daughters, and the children of relatives, or even of strangers who may be solemnly adopted, or received as members of the family without any ceremony, or be acquired by purchase, are all allowed to take the place and the rights of legitimate sons. Apastamba declares his dissent from this doctrine. He allows legitimate sons alone to inherit their father’s estate and to follow the occupations of his caste, and he explicitly forbids the sale and gift of children.
In like manner he protests against the custom of making over childless widows to brothers-in-law or other near relatives in order to obtain sons who are to offer the funeral oblations to the deceased husband’s manes, while Baudhayana has as yet no scruple on the subject. Finally, he omits from his list of the marriage-rites the Paisaka vivaha, where the bride is obtained by fraud; though it is reluctantly admitted by Baudhayana and other ancient teachers. There can be no doubt that the law which placed the regular continuance of the funeral oblations above all other considerations, and which allowed, in order to secure this object, even a violation of the sanctity of the marriage-tie and other breaches of the principles of morality, belongs to an older order of ideas than the stricter views of Apastamba.
It is true that, according to Baudhayana’s own statement, before his time an ancient sage named Aupaganghani, who is also mentioned in the Satapatha-brahmana, had opposed the old practice of taking substitute’s for a legitimate son. It is also very probable that for a long time the opinions of the Brahmana teachers, who lived in different parts of India and belonged to different schools, may have been divided on this subject. Still it seems very improbable that of two authors who both belong to the same Veda and to the same school, the earlier one should hold the later doctrine, and the later one the earlier opinion. The contrary appears the more probable assumption. The same remarks apply to the cases of the Niyoga and of the Paisaka marriage.
The second fact, which bears on the question how the identity of so many Sutras in the two Dharmasutras is to be explained, affords a still stronger proof of Apastamba’s posteriority to Baudhayana. For on several occasions, it appears, Apastamba controverts opinions which Baudhayana holds, or which may be defended with the help of the latter’s Sutras. The clearest case of this kind occurs in the chapter on Inheritance, where the treatment of the eldest son on the division of the estate by the father is discussed. There Apastamba gives it as his own opinion that the father should make an equal division of his property ‘after having gladdened the eldest son by some (choice portion of his) wealth,’, i.e. after making him a present which should have some value, but should not be so valuable as to materially affect the equality of the shares. Further on he notices the opinions of other teachers on this subject, and states that the practice advocated by some, of allowing the eldest alone to inherit, as well as the custom prevailing in some countries, of allotting to the eldest all the father’s gold, or the black cows, or the black iron and grain, is not in accordance with the precepts of the Vedas.
In order to prove the latter assertion he quotes a passage of the Taittiriya Samhita, in which it is declared that ‘Manu divided his wealth among his sons,’ and no difference in the treatment of the eldest son is prescribed. He adds that a second passage occurs in the same Veda, which declares that ‘they distinguish the eldest son by (a larger portion of) the heritage,’ and which thus apparently countenances the partiality for the first-born. But this second passage, he contends, appealing to the opinion of the Mimamsists, is, like many similar ones, merely a statement of a fact which has not the authority of an injunction. If we now turn to Baudhayana, we find that he allows of three different methods for the distribution of the paternal estate.
According to him, either an equal share may be given to each son, or the eldest may receive the best part of the wealth, or, also, a preferential share of one tenth of the whole property. He further alleges that the cows, horses, goats, and sheep respectively go to the eldest sons of Brahmanas, Kshatriyas, Vaisyas and Sudras. As authority for the equal division he gives the first of the two Vedic passages quoted above; and for the doctrine that the eldest is to receive the best part of the estate, he quotes the second passage which Apastamba considers to be without the force of an injunction. The fact that the two authors’ opinions clash is manifest, and the manner in which Apastamba tries to show that the second Vedic passage possesses no authority, clearly indicates that before his time it had been held to contain an injunction. As no other author of a Dharma-sutra but Baudhayana is known to have quoted it, the conclusion is that Apastamba’s remarks are directed against him. If Apastamba does not mention Baudhayana by name, the reason probably is that in olden times, just as in the present day, the Brahmanical etiquette forbad a direct opposition against doctrines propounded by an older teacher who belongs to the same spiritual family (vidyavamsa) as oneself.
A similar case occurs in the chapter on Studentship where Apastamba, again appealing to the Mimamsists, combats the doctrine that pupils may eat forbidden food, such as honey, meat, and pungent condiments, if it is given to them as leavings by their teacher. Baudhayana gives no explicit rule on this point, but the wording of his Sutras is not opposed to the doctrine and practice, to which Apastamba objects. Baudhayana says that students shall avoid honey, meat, pungent condiments, &c.; he further enjoins that pupils are to obey their teachers except when ordered to commit crimes which cause loss of caste (pataniya); and he finally directs them to eat the fragments of food given to them by their teachers. As the eating of honey and other forbidden substances is not a crime causing loss of caste, it is possible that Baudhayana himself may have considered it the duty of a pupil to eat any kind of food given by the teacher, even honey and meat. At all events the practice and doctrine which Apastamba blames, may have been defended by the wording of Baudhayana’s rules.
The three points which have been just discussed, viz. the identity of a number of Sutras in the works of the two authors, the fact that Apastamba advocates on some points more refined or puritan opinions, and, especially, that he labours to controvert doctrines contained in Baudhayana’s Sutras, give a powerful support to the traditional statement that he is younger than that teacher. It is, however, difficult to say how great the distance between the two really is. Mahadeva, as stated above, places between them only Bharadvaga, the author of a set of Sutras, which as yet have not been completely recovered. But it seems to me not likely that the latter was his immediate predecessor in the vidyavamsa or spiritual family to which both belonged. For it cannot be expected that two successive heads of the school should each have composed a Sutra and thus founded a new branch-school. It is more probable that Baudhayana and Bharadvaga, as well as the latter and Apastamba, were separated by several intervening generations of teachers, who contented themselves with explaining the works of their predecessors. The distance in years between the first and the last of the three Sutrakaras must, therefore, I think, be measured rather by centuries than by decades.
The Priority of Apastamba
As regards the priority of Apastamba to the school of Satyashadha Hiranyakesin, there can be no doubt about the correctness of this statement. For either Hiranyakesin himself, or, at least, his immediate successors have appropriated Apastamba’s Dharma-sutra and have inserted it with slight modifications in their own collection. The alterations consist chiefly in some not very important additions, and in the substitution of more intelligible and more modern expressions for difficult and antiquated words. But they do not extend so far as to make the language of the Dharma-sutra fully agree with that of the other sections of the collection, especially with the Grihya-sutra. Numerous discrepancies between these two parts are observable. Thus we read in the Hiranyakesi [paragraph continues] Grihya-sutra that a Brahmana must, ordinarily, be initiated in his seventh year, while the rule of the Dharma-sutra, which is identical with Ap. Dh. I, 1, 1, 18, prescribes that the ceremony shall take place in the eighth year after conception. The commentators, Matridatta on the Grihya-sutra and Mahadeva on the Dharma-sutra, both state that the rule of the Grihya-sutra refers to the seventh year after birth, and, therefore, in substance agrees with the Dharma-sutra. They are no doubt right. But the difference in the wording shows that the two sections do not belong to the same author.
The same inference may be drawn from the fact that the Hiranyakesi Grihya-sutra, which is much longer than Apastamba’s, includes a considerable amount of matter which refers to the sacred law, and which is repeated in the Dharma-sutra. According to a statement which I have heard from several learned Brahmanas, the followers of Hiranyakesin, when pronouncing the samkalpa or solemn pledge to perform a ceremony, declare themselves to be members of the Hiranyakesi school that forms a subdivision of Apastamba’s (apastambantargatahiranyakesisakhadhyayi... aham). But I have not been able to find these words in the books treating of the ritual of the Hiranyakesins, such as the Mahesabhatti. If this assertion could be further corroborated, it would be an additional strong proof of the priority of Apastamba, which, however, even without it may be accepted as a fact. The distance in time between the two teachers is probably not so great as that between Apastamba and Baudhayana, as Mahadeva mentions no intermediate Sutrakara between them. Still it is probably not less than 100, or 150 years.
The results of the above investigation which show that the origin of the Apastamba school falls in the middle of the Sutra period of the Black Yagur-veda, and that its Sutras belong to the later, though not to the latest products of Vedic literature, are fully confirmed by an examination of the quotations from and references to Vedic and other books contained in Apastamba’s Sutras, and especially in the Dharma-sutra. We find that all the four Vedas are quoted or referred to. The three old ones, the Rik, Yagus, and Saman, are mentioned both separately and collectively by the name trayi vidya, i.e. threefold sacred science, and the fourth is called not Atharvangirasah, as is done in most ancient Sutras, but Atharvaveda.
The quotations from the Rik and Saman are not very numerous. But a passage from the ninth Mandala of the former, which is referred to Dh. I, 1, 2, 2, is of some extent, and shows that the recension which Apastamba knew, did not differ from that which still exists. As Apastamba was an adherent of the Black Yagur-veda, he quotes it, especially in the Srauta-sutra, very frequently, and he adduces not only texts from the Mantra-Samhita, but also from the Taittiriya-Brahmana and Aranyaka. The most important quotations from the latter work occur Dh. II, 2, 3, 16-II, 2, 4, 9, where all the Mantras to be recited during the performance of the Bali-offerings are enumerated. Their order agrees exactly with that in which they stand in the sixty-seventh Anuvaka of the tenth Prapathaka of the recension of the Aranyaka which is current among the Andhra Brahmanas. This last point is of considerable importance, both for the history of the text of that book and, as we shall see further on, for the history of the Apastambiya school. The White Yagur-veda, too, is quoted frequently in the Srauta-sutra and once in the section on Dharma by the title Vagasaneyaka, while twice its Brahmana, the Vagasaneyi-brahmana, is cited. The longer one of the two passages, taken from the latter work, Dh. I, 4, 12, 3, does, however, not fully agree with the published text of the Madhyandina recension. Its wording possesses just sufficient resemblance to allow us to identify the passage which Apastamba meant, but differs from the Satapatha-brahmana in many details.
The cause of these discrepancies remains doubtful for the present. As regards the Atharvaveda, Apastamba gives, besides the reference mentioned above and a second to the Angirasa-pavitra, an abstract of a long passage from Atharvaveda XV, 10-13, regarding the treatment of a Vratya, i.e. a learned mendicant Brahmana, who really deserves the title of an atithi, or guest. It is true that Apastamba, in the passage referred to, does not say that his rule is based on the Atharvaveda. He merely says that a Brahmana is his authority. But it seems, nevertheless, certain that by the expression a Brahmana, the Brahmana-like fifteenth book of the Atharvaveda is meant, as the sentences to be addressed by the host to his guest agree literally with those which the Atharvaveda prescribes for the reception of a Vratya. Haradatta too, in his commentary, expresses the same opinion. Actual quotations from the Atharvaveda are not frequent in Vedic literature, and the fact that Apastamba’s Dharma-sutra contains one, is, therefore, of some interest.
Besides these Vedic texts, Apastamba mentions, also, the Angas or auxiliary works, and enumerates six classes, viz. treatises on the ritual of the sacrifices, on grammar, astronomy, etymology, recitation of the Veda, and metrics. The number is the same as that which is considered the correct one in our days. As the Dharma-sutra names no less than nine teachers in connection with various topics of the sacred law, and frequently appeals to the opinion of some (eke), it follows that a great many such auxiliary treatises must have existed in Apastamba’s time. The Akaryas mentioned are Eka, Kanva, Kanva, Kunika, Kutsa, Kautsa, Pushkarasadi, Varshyayani, Svetaketu, and Harita. Some of these persons, like Harita and Kanva, are known to have composed Sutras on the sacred law, and fragments or modified versions of their works are still in existence, while Kanva, Kautsa, Pushkarasadi or Paushkarasadi, as the grammatically correct form of the name is, and Varshyayani are quoted in the Nirukta, the Pratisakhyas, and the Varttikas on Panini as authorities on phonetics, etymology, and grammar.
Kanva, finally, is considered the author of the still existing Kalpa-sutras of the Kanva school connected with the White Yagur-veda. It seems not improbable that most of these teachers were authors of complete sets of Angas. Their position in Vedic literature, however, except as far as Kanva, Harita, and Svetaketu are concerned, is difficult to define, and the occurrence of their names throws less light on the antiquity of the Apastambiya school than might be expected. Regarding Harita it must, however, be noticed that he is one of the oldest authors of Sutras, that he was an adherent of the Maitrayaniya Sakha, and that he is quoted by Baudhayana, Apastamba’s predecessor. The bearing of the occurrence of Svetaketu’s name will be discussed below.
Of even greater interest than the names of the teachers are the indications which Apastamba gives, that he knew two of the philosophical schools which still exist in India, viz. the Purva or Karma Mimamsa and the Vedanta. As regards the former, he mentions it by its ancient name, Nyaya, which in later times and at present is usually applied to the doctrine of Gautama Akshapada. In two passages he settles contested points on the authority of those who know the Nyaya, i.e. the Purva Mimamsa, and in several other cases he adopts a line of reasoning which fully agrees with that followed in Gaimini’s Mimamsa-sutras. Thus the arguments, that ‘a revealed text has greater weight than a custom from which a revealed text may be inferred,’ and that ‘no text can be inferred from a custom for which a worldly motive is apparent,’ exactly correspond with the teaching of Gaimini’s Mimamsa-sutras I, 3, 3-4. The wording of the passages in the two works does not agree so closely that the one could be called a quotation of the other. But it is evident, that if Apastamba did not know the Mimamsa-sutras of Gaimini, he must have possessed some other very similar work. As to the Vedanta, Apastamba does not mention the name of the school. But Khandas 22, 23 of the first PATALA of the Dharma-sutra unmistakably contain the chief tenets of the Vedantists, and recommend the acquisition of the knowledge of the Atman as the best means for purifying the souls of sinners.
Though these two Khandas are chiefly filled with quotations, which, as the commentator states, are taken from an Upanishad, still the manner of their selection, as well as Apastamba’s own words in the introductory and concluding Sutras, indicates that he knew not merely the unsystematic speculations contained in the Upanishads and Aranyakas, but a well-defined system of Vedantic philosophy identical with that of Badarayana’s Brahma-sutras. The fact that Apastamba’s Dharma-sutra contains indications of the existence of these two schools of philosophy, is significant as the Purva Mimamsa occurs in one other Dharma-sutra only, that attributed to Vasishtha, and as the name of the Vedanta school is not found in any of the prose treatises on the sacred law.
Of non-Vedic works Apastamba mentions the Purana. The Dharma-sutra not only several times quotes passages from ‘a Purana’ as authorities for its rules, but names in one case the Bhavishyat-purana as the particular Purana from which the quotation is taken. References to the [paragraph continues] Purana in general are not unfrequent in other Sutras on the sacred law, and even in older Vedic works. But Apastamba, as far as I know, is the only Surakara who specifies the title of a particular Purana, and names one which is nearly or quite identical with that of a work existing in the present day, and he is the only one, whose quotations can be shown to be, at least in part, genuine Puranic utterances. Among the so-called Upa-puranas we find one of considerable extent which bears the title Bhavishya-purana or also Bhavishyat-purana.
It is true that the passage quoted in the Dharma-sutra from the Bhavishyat-purana is not to be found in the copy of the Bhavishya-purana which I have seen. It is, therefore, not possible to assert positively that Apastamba knew the present homonymous work. Still, considering the close resemblance of the two titles, and taking into account the generally admitted fact that most if not all Puranas have been remodelled and recast, it seems to me not unlikely that Apastamba’s authority was the original on which the existing Upa-purana is based. And in favour of this view it may be urged that passages, similar to Apastamba’s quotation, actually occur in our Puranic texts.
In the Gyotishprakara section of several of the chief Puranas we find, in connection with the description of the Path of the Manes (pitriyana), the assertion that the pious sages, who had offspring and performed the Agnihotra, reside there until the general destruction of created things (a bhutasamplavat), as well as, that in the beginning of each new creation they are the propagators of the world (lokasya samtanakarah) and, being reborn, re-establish the sacred law. Though the wording differs, these passages fully agree in sense with Apastamba’s Bhavishyat-purana which says, ‘They (the ancestors) live in heaven until the (next) general destruction of created things. At the new creation (of the world) they become the seed.’ In other passages of the Puranas, which refer to the successive creations, we find even the identical terms used in the quotation. Thus the Vayup., Adhy. 8, 23, declares that those beings, which have gone to the Ganaloka, ‘become the seed at the new creation’ (punah sarge... bigartham ta bhavanti hi).
These facts prove at all events that Apastamba took his quotation from a real Purana, similar to those existing. If it is literal and exact, it shows, also, that the Puranas of his time contained both prose and verse.
Further, it is possible to trace yet another of Apastamba’s quotations from ‘a Purana.’ The three Puranas, mentioned above, give, immediately after the passages referred to, enlarged versions of the two verses regarding the sages, who begot offspring and obtained ‘burial-grounds,’ and regarding those who, remaining chaste, gained immortality. In this case Apastamba’s quotation can be restored almost completely, if certain interpolations are cut out. And it is evident that Apastamba has preserved genuine Puranic verses in their ancient form. A closer study of the unfortunately much neglected Puranas, no doubt, will lead to further identifications of other quotations, which will be of considerable interest for the history of Indian literature.
There is yet another point on which Apastamba shows a remarkable agreement with a theory which is prevalent in later Sanskrit literature. He says (Dh. II, 11, 29, 11-12), ‘The knowledge which Sudras and women possess, is the completion of all study,’ and ‘they declare that this knowledge is a supplement of the Atharvaveda.’
The commentator remarks with reference to these two Sutras, that ‘the knowledge which Sudras and women possess,’ is the knowledge of dancing, acting, music, and other branches of the so-called Arthashastra, the science of useful arts and of trades, and that the object of the Sutras is to forbid the study of such matters before the acquisition of sacred learning. His interpretation is, without doubt, correct, as similar sentiments are expressed by other teachers in parallel passages. But, if it is accepted, Apastamba’s remark that ‘the knowledge of Sudras and women is a supplement of the Atharvaveda,’ proves that he knew the division of Hindu learning which is taught in Madhusudana Sarasvati’s Prasthanabheda. For Madhusudana allots to each Veda an Upa-veda or supplementary Veda, and asserts that the Upa-veda of the Atharvaveda is the Arthashastra. The agreement of Apastamba with the modern writers on this point, furnishes, I think, an additional argument that he belongs to the later Vedic schoolmen.
In addition to this information regarding the relative position of the Apastambiya school in ancient Sanskrit literature, we possess some further statements as to the part of India to which it belongs, and these, as it happens, are of great importance for fixing approximately the period in which the school arose. According to the Brahmanical tradition, which is supported by a hint contained in the Dharma-sutra and by, information derivable from inscriptions and the actual state of things in modern India, the Apastambiyas belong to Southern India and their founder probably was a native of or resided in the Andhra country. The existence of this tradition, which to the present day prevails among the learned Brahmans of Western India and Benares, may be substantiated by a passage from the above-mentioned commentary of the Karanavyuha, which, though written in barbarous Sanskrit, and of quite modern origin, possesses great interest, because its description of the geographical distribution of the Vedas and Vedic schools is not mentioned elsewhere.
The verses from a work entitled Maharnava, which are quoted there, state that the earth, i.e. India, is divided into two equal halves by the river Narmada (Nerbudda), and that the school of Apastamba prevails in the southern half (ver. 2). It is further alleged (ver. 6) that the Yagur-veda of Tittiri and the Apastambiya school are established in the Andhra country and other parts of the south and southeast up to the mouth of the Godavari (godasagara-avadhi). According to the Maharnava the latter river marks, therefore, the northern frontier of the territory occupied by the Apastambiyas which comprises the Maratha and Kanara districts of the Bombay Presidency, the greater part of the Nizam’s dominions, Berar, and the Madras Presidency with the exception of the northern Sirkars and the western coast.
This assertion agrees, on the whole, with the actual facts which have fallen under my observation. A great number of the Desastha-brahmanas in the Nasik, Puna, Ahmadnagar, Satara, Sholapur, and Kolhapur districts, and of the Kanara or Karnataka-brahmanas in the Belgam, Dharvad, Kaladghi, and Karvad collectorates, as well as a smaller number among the Kittapavanas of the Konkana are Apastambiyas. Of the Nizam’s dominions and the Madras Presidency I possess no local knowledge. But I can say that I have met many followers of Apastamba among the Telingana-brahmanas settled in Bombay, and that the frequent occurrence of MSS containing the Sutras of the Apastambiya school in the Madras Presidency proves that the Karana there must count many adherents. On the other hand, I have never met with any Apastambiyas among the ancient indigenous subdivisions of the Brahmanical community dwelling north of the Maratha country and north of the Narmada. A few Brahmanas of this school, no doubt, are scattered over Gujarat and Central India, and others are found in the great places of pilgrimage in Hindustan proper.
The former mostly have immigrated during the last century, following the Maratha chieftains who conquered large portions of those countries, or have been imported in the present century by the Maratha rulers of Gwalior, Indor, and Baroda. The settlers in Benares, Mathura, and other sacred cities also, have chiefly come in modern times, and not unfrequently live on the bounty of the Maratha princes.
But all of them consider themselves and are considered by the Brahmanas, who are indigenous in those districts and towns, as aliens, with whom intermarriage and commensality are not permitted. The indigenous sections of the Brahmanas of Gugarat, such as the Nagaras, Khedavals, Bhargavas, Kapilas, and Motalas, belong, if they are adherents of the Yagur-veda, to the Madhyandina or Kanva schools of the White Yagur-veda.
The same is the case with the Brahmanas of Ragputana, Hindustan, and the Pangab. In Central India, too, the White Yagur-veda prevails; but, besides the two schools mentioned above, there are still some colonies of Maitrayaniyas or Manavas. It seems, also, that the restriction of the Apastambiya school to the south of India, or rather to those subdivisions of the Brahmanical community which for a long time have been settled in the south and are generally considered as natives of the south, is not of recent date.
For it is a significant fact that the numerous ancient landgrants which have been found all over India indicate exactly the same state of things. I am not aware that in any grant issued by a king of a northern dynasty to Brahmanas who are natives of the northern half of India, an Apastambiya is mentioned as donee. But among the southern landgrants there are several on which the name of the school appears.
Thus in a sasana of king Harihara of Vidyanagara, dated Sakasamvat 1317 or 1395 A.D., one of the recipients of the royal bounty is ‘the learned Ananta Dikshita, son of Ramabhatta, chief of the Apastambya (read Apastambiya) sakha, a scion of the Vasishtha gotra.’ Further, the eastern Kalukya king Vigayaditya II, who ruled, according to Dr. Fleet, from A.D. 799-843, presented a village to six students of the Hiranyakesi-sutra and to eighteen students of the Apastamba, recte the Apastamba-sutra. Again, in the abovementioned earlier grant of the Pallava king Nandivarman, there are forty-two students of the Apastamba-sutra among the 108 sharers of the village of Udayakandramangalam.
Finally, on an ancient set of plates written in the characters which usually are called cave-characters, and issued by the Pallava king Simhavarman II, we find among the donees five Apastambhiya Brahmanas, who, together with a Hairanyakesa, a Vagasaneya, and a Sama-vedi, received the village of Mangadur, in Veng Orashtra. This inscription is, to judge from the characters, thirteen to fourteen hundred years old, and on this account a very important witness for the early existence of the Apastambiyas in Southern India.
Under the circumstances just mentioned, a casual remark made by Apastamba, in describing the Sraddhas or funeral oblations, acquires considerable importance. He says (Dh. II, 7, 17, 17) that the custom of pouring water into the hands of Brahmanas invited to a Sraddha prevails among the northerners, and he indicates thereby that he himself does not belong to the north of India. If this statement is taken together with the above-stated facts, which tend to show that the Apastambiyas were and are restricted to the south of India, the most probable construction which can be put on it is that Apastamba declares himself to be a southerner. There is yet another indication to the same effect contained in the Dharma-sutra.
It has been pointed out above that the recension of the Taittiriya Aranyaka which Apastamba recognises is that called the Andhra text or the version current in the Andhra country, by which term the districts in the southeast of India between the Godavari and the Krishna have to be understood. Now it seems exceedingly improbable that a Vedic teacher would accept as authoritative any other version of a sacred work except that which was current in his native country.
It would therefore follow, from the adoption of an Andhra text by Apastamba, that he was born in that country, or, at least, had resided there so long as to have become naturalised in it. With respect to this conclusion it must also be kept in mind that the above-quoted passage from the Maharnava particularly specifies the Andhra country (andhradi) as the seat of the Apastambiyas. It may be that this is due to an accident. But it seems to me more probable that the author of the Maharnava wished to mark the Andhra territory as the chief and perhaps as the original residence of the Apastambiyas.
This discovery has, also, a most important bearing on the question of the antiquity of the school of Apastamba. It fully confirms the result of the preceding enquiry, viz. that the Apastambiyas are one of the later Karanas. For the south of India and the nations inhabiting it, such as Kalingas, Dravidas, Andhras, Kolas, and Pandyas, do not play any important part in the ancient Brahmanical traditions and in the earliest history of India, the centre of both of which lies in the northwest or at least north of the Vindhya range. Hitherto it has not been shown that the south and the southern nations are mentioned in any of the Vedic Samhitas. In the Brahmanas and in the Sutras they do occur, though they are named rarely and in a not complimentary manner.
Apastaba and Aitareya Brahmana
Thus the Aitareya-brahmana gives the names of certain degraded, barbarous tribes, and among them that of the Andhras, in whose country, as has been shown, the Apastambiyas probably originated. Again, Baudhayana, in his Dharma-sutra I, i, quotes song verses in which it is said that he who visits the Kalingas must purify himself by the performance of certain sacrifices in order to become fit for again associating with Aryans.
The same author, also, mentions distinctive forbidden practices (akara) prevailing in the south (loc. cit.). Further, Panini’s grammatical Sutras and Katyayana’s Varttikas thereon contain rules regarding several words which presuppose an acquaintance with the south and the kingdoms which flourished there. Thus Panini, IV, 2, 98, teaches the formation of dakshinatya in the sense of ‘belonging to or living in the south or the Dekhan,’ and a Varttika of Katyayana on Panini, IV, 1, 175, states that the words Kola and Pandya are used as names of the princes ruling over the Kola and Pandya countries, which, as is known from history, were situated in the extreme south of India.
The other southern nations and a fuller description of
the south occur first in the Mahabharata. While an
acquaintance with the south can thus be proved only by a few books belonging to the later stages of Vedic literature, several of the southern kingdoms are named already in the oldest historical documents.
Ashoka in his edicts, which date from the second half of the third century B.C., calls the Kolas, Pandyas, and the Keralaputra or Ketalaputra his pratyantas (prakanta) or neighbours. The same monarch informs us also that he conquered the province of Kalinga and annexed it to his kingdom, and his remarks on the condition of the province show that it was thoroughly imbued with the Aryan civilisation.
The same fact is attested still more clearly by the annals of the Keta king of Kalina, whose thirteenth year fell in the 165th year of the Maurya era, or about 150 B.C. The early spread of the Aryan civilisation to the eastern coast-districts between the Godavari and the Krishna is proved by the inscriptions on the Bhattiprolu relic caskets, which probably belong to the period of 200 B.C. Numerous inscriptions in the Buddhist caves of Western India, as well as coins, prove the existence during the last centuries before, and the first centuries after, the beginning of our era of a powerful empire of the Andhras, the capital of which was probably situated near the modern Amaravati an the lower Krishna. The princes of the latter kingdom, though great patrons of the Buddhist monks, appear to have been Brahmanists or adherents of the ancient orthodox faith which is founded on the Vedas.
For one of them is called Vedisiri (vedisri), ‘he whose glory is the Vedi,’ and another Yanasiri (yagnasri), ‘he whose glory is the sacrifice,’ and a very remarkable inscription on the Nanaghat contains a curious catalogue of sacrificial fees paid to priests (dakshina) for the performance of Srauta sacrifices. For the third and the later centuries of our era the information regarding Southern India becomes fuller and fuller. Very numerous inscriptions, the accounts of the Buddhist chroniclers of Ceylon, of the Greek geographers, and of the Chinese pilgrims, reveal the existence and give fragments, at least, of the history of many kingdoms in the south, and show that their civilisation was an advanced one, and did not differ materially from that of Northern India.
There can be no doubt that the south of India has been conquered by the Aryans, and has been brought within the pale of Brahmanical civilisation much later than India north of the Vindhya range. During which century precisely that conquest took place, cannot be determined for the present. But it would seem that it happened a considerable time before the Vedic period came to an end, and it certainly was an accomplished fact, long before the authentic history of India begins, about 500 B.C., with the Persian conquest of the Pangab and Sindh. It may be added that a not inconsiderable period must have elapsed after the conquest of the south, before the Aryan civilisation had so far taken root in the conquered territory, that, in its turn, it could become a centre of Brahmanical activity, and that it could produce new Vedic schools.
These remarks will suffice to show that a Vedic Karana which had its origin in the south, cannot rival in antiquity those whose seat is in the north, and that all southern schools must belong to a comparatively recent period of Vedic history.
For this reason, and because the name of Apastamba and of the Apastambiyas is not mentioned in any Vedic work, not even in a Kalpa-sutra, and its occurrence in the older grammatical books, written before the beginning of our era, is doubtful, it might be thought advisable to fix the terminus a quo for the composition of the Apastambiya-sutras about or shortly before the beginning of the era, when the Brahmanist Andhra kings held the greater part of the south under their sway.
It seems to me, however, that such a hypothesis is not tenable, as there are several points which indicate that the school and its writings possess a much higher antiquity. For, first, the Dharma-sutra contains a remarkable passage in which its author states that Svetaketu, one of the Vedic teachers who is mentioned in the Satapatha-Brahmana and in the Khandogya Upanishad, belongs to the Avaras, to the men of later, i.e. of his own times.
The passage referred to, Dh. I, 2, 5, 4-6, has been partly quoted above in order to show that Apastamba laid no claim to the title Rishi, or seer of revealed texts. It has been stated that according to Sutra 4, ‘No Rishis are born among the Avaras, the men of later ages, on account of the prevailing transgression of the rules of studentship;’ and that according to Sutra 5, [paragraph continues] ‘Some in their new birth become similar to Rishis by their knowledge of the Veda (srutarshi) through a residue of merit acquired in former existences.’ In order to give an illustration of the latter case, the author adds in Sutra 6, ‘Like Svetaketu.’ The natural, and in my opinion, the only admissible interpretation of these words is that Apastamba considers Svetaketu to be one of the Avaras, who by virtue of a residue of merit became a Srutarshi. This is also the view of the commentator Haradatta, who, in elucidation of Sutra 6, quotes the following passage from the Khandogya Upanishad (VI, 1, 1-2):
‘1. Verily, there lived Svetaketu, a descendant of Aruna. His father spake unto him, “O Svetaketu, dwell as a student (with a, teacher); for, verily, dear child, no one in our family must neglect the study of the Veda and become, as it were, a Brahmana in name only.”
‘Verily, he (Svetaketu) was initiated at the age of twelve years, and when twenty-four years old be had learned all the Vedas; he thought highly of himself and was vain of his learning and arrogant.’
There can be no doubt that this is the person and the story referred to in the Dharma-sutra. For the fact which the Upanishad mentions, that Svetaketu learned all the Vedas in twelve years, while, the Smritis declare forty-eight years to be necessary for the accomplishment of that task, makes Apastamba’s illustration intelligible and appropriate. A good deal more is told in the Khandogya Upanishad about this Svetaketu, who is said to have been the son of Uddalaka and the grandson of Aruna (aruneya). The same person is also frequently mentioned in the Satapatha-Brahmana.
In one passage of the latter work, which has been translated by Professor Max Muller, it is alleged that he was a contemporary of Yagnavalkya, the promulgator of the White Yagur-veda, and of the learned king Ganaka of Videha, who asked him about the meaning of the Agnihotra sacrifice, Now, as has been shown above, Apastamba knew and quotes the White Yagur-veda and the Satapatha-brahmana. The passage of the latter work, which he quotes, is even taken from the same book in which the story about Svetaketu and Ganaka occurs.
The fact, therefore, that Apastamba places a teacher whom he must have considered as a contemporary of the promulgator of the White Yagur-veda among the Avaras, is highly interesting and of some importance for the history of Vedic literature. On the one hand it indicates that Apastamba cannot have considered the White Yagur-veda, such as it has been handed down in the schools of the Kanvas and Madhyandinas, to belong to a remote antiquity.
On the other hand it makes the inference which otherwise might be drawn from the southern origin of the Apastambiya school and from the non-occurrence: of its name in the early grammatical writings, viz. that its founder lived not long before the beginning of our era, extremely improbable. For even if the term Avara is not interpreted very strictly and allowed to mean not exactly a contemporary, but a person of comparatively recent times, it will not be possible to place between Svetaketu and Apastamba a longer interval than, at the utmost, two or three hundred years. Svetaketu and Yagnavalkya would accordingly, at the best, find their places in the fourth or fifth century B.C., and the Satapatha-Brahmana as well as all other Vedic works, which narrate incidents from their lives, must have been composed or at least edited still later.
Though little is known regarding the history of the Vedic texts, still it happens that we possess some information regarding the texts in question. For we know from a statement made by Katyayana in a Varttika on Panini IV, 3, 105, and from Patangali’s commentary on his words that the Brahmana proclaimed by Yagnavalkya, i.e. the Satapatha-brahmana of the White Yagur-veda, was considered to have been promulgated by one of the Ancients, in the times of these two writers, i.e. probably in the fourth and second centuries B.C. These considerations will show that it is necessary to allow for Apastamba a much higher antiquity than the first century B.C.
The same inference may also be drawn from another series of facts, viz. the peculiarities of the language of his Sutras. The latter are very considerable and very remarkable. They may be classed under four heads. In the Apastambiya Dharma-sutra we have, first, archaic words and forms either occurring in other Vedic writings or formed according to the analogy of Vedic usage; secondly, ancient forms and words specially prescribed by Panini, which have not been traced except in Apastamba’s Sutras; thirdly, words and forms which are both against Vedic usage and against Panini’s rules, and which sometimes find their analogies in the ancient Prakrits; and fourthly, anomalies in the construction of sentences. To the first class belong, kravyadas, I, 7, 21, 15, carnivorous, formed according to the analogy of risadas; the frequent use of the singular dara, e.g. II, 1, 1, 17-18, a wife, instead of the plural darah; salavriki, I, 3, 10, 19, for salavriki; the substitution of l for r in plenkha, I, 11, 31, 14; occasional offences against the rules of internal and external Sandhi, e.g. in agrihyamanakaranah, I, 4, 12, 8; in skuptva, I, 11, 31, 22, the irregular absolutive of skubh or of sku; in paduna, I, 1, 2, 13; in adhasanasayin, I, 19, 2, 21 and in sarvatopeta, I, 6, 19, 8; the neglect of the rule requiring vriddhi in the first syllable of the name Pushkarasadi, I, 10, 28, 1; the irregular instrumentals vidya, I, 11, 30, 3, for vidyaya, and nihsreyasa, II, 7, 16, 2, for nihsreyasena; the nominatives dual avam, I, 7, 20, 6, for avam, and krunkakraunka, I, 5, 17, 36 for kraunkau; and the potentials in ita, such as prakshalayita, I, 1, 2, 28; abhiprasarayita, I, 25 6, 3, &c.
Among the words mentioned by Panini, but not traced except in the Dharma-sutra, may be enumerated the verb strih, to do damage, I, 11, 31, 9; the verb srinkh, to sneeze, from which srinkhanika, I, 5, 16, 14, and nihsrinkhana, II, 2, 5, 9, are derived; and the noun vedadhyaya, I, 9, 24, 6; II, 4, 8, 5, in the sense of a student of the Veda. Words offending against rules given by Panini, without being either archaic or Prakritic, are e.g. sarvannin, I, 6, 18, 33, one who eats anybody’s food, which, according to Panini V, 2, 9, should be sarvannina; sarpasirshin, I, 5, 17, 39; annasamskartri, a cook, II, 3, 6, 16; dharmya, righteous, for dharmya, I, 2, 7, 21, and elsewhere; divitri, a gambler, II, 10, 2, 5, 13, for devitri, the very remarkable form prasnati, I, 1, 4, 1, for prasnati, finds an analogy in the Vedic snyaptre for snaptre and in Pali, panha from prasna for prasna; and the curious compounds avangagra, I, 1, 2, 38, parangavritta, II, 5, 10, 11, where the first parts show the forms of the nominative instead of the base, and pratisuryamatsyah, I, 3, 11, 31, which as a copulative compound is wrong, though not without analogies in Prakrit and in later Sanskrit.
The irregular forms caused by the same tendencies as those which effected the formation of the [paragraph continues] Prakrit languages, are, aviprakramina, II, 2, 5, 2, for aviprakramana, where an a standing in thesi has been changed to i; samvrittih, II, 3, 6, 13, samvartete, II, 5, 11, 20, and paryanta, I, 3, 9, 21, and I, 3, 11, 33 (compare Marathi amt for antah), in each of which a standing before a nasal has been lengthened; anika, I, 6, 19, 1, the initial a of which stands for ri, if it really has the meaning of rinika, as some commentators asserted; anulepana, I, 3, 11, 13; I, 11, 32, 5, with the Prakritic change of na to na; vyupagava, I, 2, 8, 15, with va for pa; ritve for ritvye, where y seems to have been absorbed by the following e; apassayita, I, 11, 32, 16, for apasrayita, and bhatrivyatikrama, I, 10, 28, 20, where r has been assimilated to the preceding, or has been lost before the following consonant. The irregularities in the construction are less frequent. But in two Sutras, I, 3, 10, 2, and I, 3, 11, 31, some words which ought to stand in the locative case have the terminations of the nominative, and it looks as if the author had changed his mind about the construction which he meant to use. In a third passage II, 10, 26, 20, sisnakkhedanam savrishanasya, the adjective which is intended to qualify the noun sisna has been placed in the genitive case, though the noun has been made the first part of a compound.
The occurrence of so many irregularities in so small a treatise as the Dharma-sutra is, proves clearly that the author did not follow Panini’s grammar, and makes it very unlikely that he knew it at all. If the anomalous forms used by Apastamba all agreed with the usage of the other Sutrakaras, known to us, it might be contended that, though acquainted with the rules of the great grammarian, he had elected to adopt by preference the language of the Vedic schools. But this is by no means the case. The majority of the irregular forms are peculiar to Apastamba. As it is thus not probable that Apastamba employed his peculiar expressions-in obedience to the tradition of the [paragraph continues] Vedic schools or of his particular school, he must have either been unacquainted with Panini or have considered his teachings of no great importance.
In other words, he must either have lived earlier than Panini or before Panini’s grammar had acquired general fame throughout India, and become the standard authority for Sanskrit authors. In either case so late a date as 150 B.C. or the first century B.C. would not fit. For Patangali’s Mahabhashya furnishes abundant proof that at the time of its composition, in the second century B.C., Panini’s grammar occupied a position similar to that which it holds now, and has held since the beginning of our era in the estimation of the learned of India. On linguistic grounds it seems to me Apastamba cannot be placed later than the third century B.C., and if his statement regarding Svetaketu is taken into account, the lower limit for the composition of his Sutras must be put further back by 150-200 years.
But sufficient space has already been allotted to these attempts to assign a date to the founder of the Apastambiya school, the result of which, in the present state of our knowledge of the ancient history of India, must remain, I fear, less certain and less precise than is desirable. It now is necessary to say, in conclusion, a few words about the history of the text of the Dharma-sutra, and about its commentary, the Uggvala Vritti of Haradatta. The oldest writer with a known date who quotes the Apastambiya Dharma-sutra is Sankarakarya, c. 800 A.D. Even somewhat earlier Kumarila, c. 750, refers repeatedly to a law-book by Apastamba.
But it is improbable that he had our Dharma-sutra before him. For he says, p. 138, that Apastamba expressly sanctions local usages, opposed to the teaching of the Vedas, for the natives of those districts where they had prevailed since ancient times. Now, that is just an opinion, which our Dharma-sutra declares to be wrong and refutes repeatedly. As it seems hazardous to impute to a man, like Kumarila, ignorance or spite against Apastamba, I am inclined to assume that the great Mimamsaka refers to some other work, attributed to Apastamba, perhaps the metrical Apastamba-smriti which Apararka quotes very frequently. Among the commentators on Smritis the oldest, who quote the Dharma-sutra, are Medhatithi, the author of the Manubhashya, and Vignanesvara, who composed the Mitakshara, the well-known commentary on Yagnavalkya’s Dharmashastra during the reign of the Kalukya king Vikramaditya VI, of Kalukya towards the end of the eleventh century.
From that time downwards Apastamba is quoted by almost every writer on law. But the whole text, such as it is given in my edition, is vouched for only by the commentator Haradatta, who wrote his Uggvala Vritti, at the latest, in the fifteenth century A.D. or possibly 100 years earlier. Haradatta was, however, not the first commentator of the Dharma-sutra. He frequently quotes the opinions of several predecessors whom he designates by the general expressions anyah or aparah, i.e. another (writer).
The fact that the Uggvala was preceded by earlier commentaries which protected the text from corruption, also speaks in favour of the authenticity of the latter, which is further attested by the close agreement of the Hiranyakesi Dharma-sutra, mentioned above. As regards the value of the Uggvala for the explanation of Apastamba’s text, it certainly belongs to the best commentaries existing.
Haradatta possessed in the older Vrittis abundant and good materials on which he could draw; he himself apparently was, well versed in Hindu law and in Sanskrit grammar, and distinguished by sobriety and freedom from that vanity which induces many Indian commentators to load their works with endless and useless quotations. His explanations, therefore, can mostly be followed without hesitation, and, even when they appear unacceptable, they deserve careful consideration.
PRASNA I, PATALA 1, KHANDA 1.
  • Now, therefore, we will declare the acts productive of merit which form part of the customs of daily life, as they have been settled by the agreement (of those who know the law).
  • The authority (for these duties) is the agreement of those who know the law,
  • And (the authorities for the latter are) the Vedas alone.
  • (There are) four castes—Brahmanas, Kshatriyas, Vaisyas, and Sudras.
  • Amongst these, each preceding (caste) is superior by birth to the one following.
  • (For all these), excepting Sudras and those who have committed bad actions, (are ordained) the initiation, the study of the Veda, and the kindling of the sacred fire; and (their) works are productive of rewards (in this world and the next).
  • To serve the other (three) castes (is ordained) for the Sudra.
  • The higher the caste (which he serves) the greater is the merit.
  • The initiation is the consecration in accordance with the texts of the Veda, of a male who is desirous of (and can make use of) sacred knowledge.
  • A Brahmana declares that the Gayatri is learnt for the sake of all the (three) Vedas.
  • (Coming) out of darkness, he indeed enters darkness, whom a man unlearned in the Vedas, initiates, and (so does he) who, without being learned in the Vedas, (performs the rite of initiation.) That has been declared in a Brahmana.
  • As performer of this rite of initiation he shall seek to obtain a man in whose family sacred learning is hereditary, who himself possesses it, and who is devout (in following the law).
  • And under him the sacred science must be studied until the end, provided (the teacher) does not fall off from the ordinances of the law.
  • He from whom (the pupil) gathers (akinoti) (the knowledge of) his religious duties (dharman) (is called) the Akarya (teacher).
  • Him he should never offend.
  • For he causes him (the pupil) to be born (a second time) by (imparting to him) sacred learning.
  • This (second) birth is the best.
  • The father and the mother produce the body only.
  • Let him initiate a Brahmana in spring, a Kshatriya in summer, a Vaisya in autumn, a Brahmana in the eighth year after conception, a Kshatriya in the eleventh year after conception, (and) a Vaisya in the twelfth after conception.
  • Now (follows the enumeration of the years to be chosen) for the fulfilment of some (particular) wish,
  • (Let him initiate) a person desirous of excellence in sacred learning in his seventh year,
  • A person desirous of long life in his eighth year,
  • A person desirous of manly vigour in his ninth year,
  • A person desirous of food in his tenth year,
  • A person desirous of strength in his eleventh year,
  • A person desirous of cattle in his twelfth year.
  • There is no dereliction (of duty, if the initiation takes place), in the case of a Brahmana before the completion of the sixteenth year, in the case of a Kshatriya before the completion of the twenty-second year, in the case of a Vaisya before the completion of the twenty-fourth year. (Let him be initiated at such an age) that he may be able to perform the duties, which we shall declare below.
  • If the proper time for the initiation has passed, he shall observe for the space of two months the duties of a student, as observed by those who are studying the three Vedas.
  • After that he may be initiated.
  • After that he shall bathe (daily) for one year.
  • After that he may be instructed.
  • He, whose father and grandfather have not been initiated, (and his two ancestors) are called ‘slayers of the Brahman.’
  • Intercourse, eating, and intermarriage with them should be avoided.
  • If they wish it (they may perform the following) expiation;
  • In the same manner as for the first neglect (of the initiation, a penance of) two months (was) prescribed, so (they shall do penance for) one year.
  • Afterwards they may be initiated, and then they must bathe (daily),
PRASNA I, PATALA 1, KHANDA 2.
  • For as many years as there are uninitiated persons, reckoning (one year) for each ancestor (and the person to be initiated himself),
  • (They should bathe daily reciting) the seven Pavamanis, beginning with ‘If near or far,’ the Yagushpavitra, (‘May the waters, the mothers purify us,’ &c.) the Samapavitra, (‘With what help assists,’ &c.), and the Aegirasapavitra (‘A swan, dwelling in purity’),
  • Or also reciting the Vyahritis (om, bhuh, bhuvah, suvah).
  • After that (such a person) may be taught (the Veda).
  • But those whose great-grandfather’s (grandfather’s and father’s) initiation is not remembered, are called ‘burial-grounds.’
  • Intercourse, dining, and intermarriage with them should be avoided. For them, if they like, the (following) penance (is prescribed). (Such a man) shall keep for twelve years the rules prescribed for a student who is studying the three Vedas. Afterwards he may be initiated. Then he shall bathe, reciting the Pavamanis and the other (texts mentioned above, I, 1, 2, 2).
  • Then he may be instructed in the duties of a householder.
  • He shall not be taught (the whole Veda), but only the sacred formulas required for the domestic ceremonies.
  • When he has finished this (study of the Grihya-mantras), he may be initiated (after having performed the penance prescribed) for the first neglect (I, 1, 1, 28).
  • Afterwards (everything is performed) as in the case of a regular initiation. He who has been initiated shall dwell as a religious student in the house of his teacher,
  • For forty-eight years (if he learns all the four Vedas),
  • (Or) a quarter less (i.e. for thirty-six years),
  • (Or) less by half (i.e. for twenty-four years),
  • (Or) three quarters less (i.e. for twelve years),
  • Twelve years (should be) the shortest time (for his residence with his teacher).
  • A student who studies the sacred science shall not dwell with anybody else (than his teacher).
  • Now (follow) the rules for the studentship.
  • He shall obey his teacher, except (when ordered to commit) crimes which cause loss of caste.
  • He shall do what is serviceable to his teacher, he shall not contradict him.
  • He shall always occupy a couch or seat lower (than that of his teacher).
  • He shall not eat food offered (at a sacrifice to the gods or the Manes),
  • Nor pungent condiments, salt, honey, or meat.
  • He shall not sleep in the daytime.
  • He shall not use perfumes.
  • He shall preserve chastity.
  • He shall not embellish himself (by using ointments and the like).
  • He shall not wash his body (with hot water for pleasure).
  • But, if it is soiled by unclean things, he shall clean it (with earth or water), in a place where he is not seen by a Guru.
  • Let him not sport in the water whilst bathing; let him swim (motionless) like a stick.
  • He shall wear all his hair tied in one braid.
  • Or let him make a braid of the lock on the crown of the head, and shave the rest of the hair.
  • The girdle of a Brahmana shall be made of Munga grass, and consist of three strings; if possible, (the strings) should be twisted to the right.
  • A bowstring (should be the girdle) of a Kshatriya,
  • Or a string of Munga grass in which pieces of iron have been tied.
  • A wool thread (shall be the girdle) of a Vaisya,
  • Or a rope used for yoking the oxen to the plough, or a stringy made of Tamala-bark.
  • The staff worn by a Brahmana should be made of Palasa wood, that of a Kshatriya of a branch of the Banian tree, which grows downwards, that of a Vaisya of Badara or Udumbara wood. Some declare, without any reference to caste, that the staff of a student should be made of the wood of a tree (that is fit to be used at the sacrifice).
  • (He shall wear) a cloth (to cover his nakedness).
  • (It shall be made) of hemp for a Brahmana, of flax (for a Kshatriya), of the skin of a (clean) animal (for a Vaisya).
  • Some declare that the (upper) garment (of a Brahmana) should be dyed with red Lodh,
PRASNA I, PATALA 1, KHANDA 3.
  • And that of a Kshatriya dyed with madder,
  • And that of a Vaisya dyed with turmeric.
  • (The skin), worn by a Brahmana shall be that of a common deer or of a black doe.
  • If he wears a black skin, let him not spread it (on the ground) to sit or lie upon it.
  • (The skin worn) by a Kshatriya shall be that of a spotted deer.
  • (The skin worn) by a Vaisya shall be that of a he-goat.
  • The skin of a sheep is fit to be worn by all castes,
  • And a blanket made of wool.
  • He who wishes the increase of Brahmana power shall wear skins only; he who wishes the increase of Kshatriya power shall wear cloth only; he who wishes the increase of both shall wear both (skin and cloth). Thus says a Brahmana.
  • But (I, Apastamba, say), let him wear a skin only as his upper garment.
  • Let him not look at dancing.
  • Let him not go to assemblies (for gambling, &c.), nor to crowds (assembled at festivals).
  • Let him not be addicted to gossiping.
  • Let him be discreet.
  • Let him not do anything for his own pleasure in places which his teacher frequents.
  • Let him talk with women so much (only) as his purpose requires.
  • (Let him be) forgiving.
  • Let him restrain his organs from seeking illicit objects.
  • Let him be untired in fulfilling his duties;
  • Modest;
  • Possessed of self-command
  • Energetic;
  • Free from anger;
  • (And) free from envy.
  • Bringing all he obtains to his teacher, he shall go begging with a vessel in the morning and in the evening, (and he may) beg (from everybody) except low-caste people unfit for association (with Aryas) and Abhisastas.
  • A Brahmana declares: Since a devout student takes away from women, who refuse (to give him alms, the merit gained) by (Srauta)-sacrifices, by gifts, (and) by burnt-offerings (offered in the domestic fire), as well as their offspring, their cattle, the sacred learning (of their families), therefore, indeed, (a woman) should not refuse (alms) to the crowd of students; for amongst those (who come to beg), there might be one of that (devout) kind, one who thus (conscientiously) keeps his vow.
  • Alms (shall) not (be considered) leavings (and be rejected) by inference from their appearance), but on the strength of ocular or oral testimony (only).
  • A Brahmana shall beg, prefacing (his request) by the word ‘Lady’;
  • A Kshatriya (inserting the word) ‘Lady’ in the middle (between the words ‘give alms’);
  • A Vaisya, adding the word ‘Lady’ (at the end of the formula).
  • (The pupil) having taken those (alms) shall place them before his teacher and offer them to him.
  • He may eat (the food) after having been ordered to do so by his teacher.
  • If the teacher is absent, the pupil (shall offer the food) to (a member of) the teacher’s family.
  • If the (family of the teacher) is (also) absent, the pupil (may offer the food) to other learned Brahmanas (Srotriyas) also (and receive from them the permission to eat).
  • He shall not beg for his own sake (alone).
  • After he has eaten, he himself shall clean his dish.
  • And he shall leave no residue (in his dish).
  • If he cannot (eat all that he has taken in his dish), he shall bury (the remainder) in the ground;
  • Or he may throw it into the water;
  • Or he may place (all that remains in a pot), and put it down near an (uninitiated) Arya;
  • Or (he may put it down) near a Sudra slave (belonging to his teacher).
  • If (the pupil) is on a journey, he shall throw a part of the alms into the fire and eat (the remainder).
  • Alms are declared to be sacrificial food. In regard to them the teacher (holds the position which) a deity (holds in regard to food offered at a sacrifice).
  • And (the teacher holds also the place which) the Ahavaniya fire occupies (at a sacrifice, because a portion of the alms is offered in the fire of his stomach).
  • To him (the teacher) the (student) shall offer (a portion of the alms).
PRASNA I, PATALA 1, KHANDA 4.
  • And (having done so) eat what is left.
  • For this (remnant of food) is certainly a remnant of sacrificial food.
  • If he obtains other things (besides food, such as cattle or fuel, and gives them to his teacher) as he obtains them, then those (things hold the place of) rewards (given to priests for the performance of a sacrifice).
  • This is the sacrifice to be performed daily by a religious student.
  • And (the teacher) shall not give him anything that is forbidden by the revealed texts, (not even as) leavings,
  • Such as pungent condiments, salt, honey, or meat (and the like).
  • By this (last Sutra it is) explained (that) the other restrictions (imposed upon a student, such as abstinence from perfumes, ointments, &c., are likewise not to be broken).
  • For (explicit) revealed texts have greater force than custom from which (the existence of a permissive passage of the revelation) may be inferred.
  • Besides (in this particular case) a (worldly) motive for the practice is apparent.
  • For pleasure is obtained (by eating or using the forbidden substances).
  • A residue of food left by a father and an elder brother, may be eaten.
  • If they act contrary to the law, he must not eat (their leavings).
  • In the evening and in the morning he shall fetch water in a vessel (for the use of his teacher).
  • Daily he shall fetch fuel from the forest, and place it on the floor (in his teacher’s house).
  • He shall not go to fetch firewood after sunset.
  • After having kindled the fire, and having swept the ground around (the altar), he shall place the sacred fuel on the fire every morning and evening, according to the prescription (of the Grihya-sutra).
  • Some say that the fire is only to be worshipped in the evening.
  • He shall sweep the place around the fire after it has been made to burn (by the addition of fuel), with his hand, and not with the broom (of Kusa grass).
  • But, before (adding the fuel, he is free to use the broom) at his pleasure
  • He shall not perform non-religious acts with the residue of the water employed for the fire-worship, nor sip it.
  • He shall not sip water which has been stirred with the hand, nor such as has been received into one hand only.
  • And he shall avoid sleep (whilst his teacher is awake).
  • Then (after having risen) he shall assist his teacher daily by acts tending to the acquisition of spiritual merit and of wealth.
  • Having served (his teacher during the day in this manner, he shall say when going to bed): I have protected the protector of the law (my teacher).  
  • If the teacher transgresses the law through carelessness or knowingly, he shall point it out to him privately.
  • If (the teacher) does not cease (to transgress), he himself shall perform the religious acts (which ought to be performed by the former);
  • Or he may return home.
  • Now of him who rises before (his teacher) and goes to rest after (him), they say that he does not sleep.
  • The student who thus entirely fixes his mind there (in the teacher’s family), has thereby performed all acts which yield rewards (such as the Gyotishtoma), and also those which must be performed by a householder.
PRASNA I, PATALA 2, KHANDA 5.
  • The word ‘austerity’ (must be understood to apply) to (the observance of) the rules (of studentship).
  • If they are transgressed, study drives out the knowledge of the Veda acquired already, from the (offender) and from his children.
  • Besides he will go to hell, and his life will be shortened.
  • On account of that (transgression of the rules of studentship) no Rishis are born amongst the men of later ages.
  • But some in their new birth, on account of a residue of the merit acquired by their actions (in former lives), become (similar to) Rishis by their knowledge (of the Veda),
  • Like Svetaketu.
  • And whatever else besides the Veda, (a student) who obeys the rules learns from his teacher, that brings the same reward as the Veda.
  • Also, if desirous to accomplish something (be it good or evil), he thinks it in his mind, or pronounces it in words, or looks upon it with his eye, even so it will be; thus teach (those who know the law).
  • (The duties of a student consist in) acts to please the spiritual teacher, the observance (of rules) conducive to his own welfare, and industry in studying.
  • Acts other than these need not be performed by a student.
  • A religious student who retains what he has learned, who finds pleasure in the fulfilment of the law, who keeps the rules of studentship, who is upright and forgiving, attains perfection.
  • Every day he shall rise in the last watch of the night, and standing near his teacher, salute him with (this) salutation: I, N. N., ho! (salute thee.)
  • And (he shall salute) before the morning meal also other very aged (learned Brahmanas) who may live in the same village.
  • If he has been on a journey, (he shall salute the persons mentioned) when he meets them on his, return.
  • (He may also salute the persons mentioned at other times), if he is desirous of heaven and long life.
  • A Brahmana. shall salute stretching forward his right arm on a level with his ear, a Kshatriya holding it on a level with the breast, a Vaisya holding it on a level with the waist, a Sudra holding it low, (and) stretching forward the joined hands.
  • And when returning the salute of (a man belonging) to the first (three) castes, the (last syllable of the) name (of the person addressed) is produced to the length of three moras.
  • But when he meets his teacher after sunrise (coming for his lesson), he shall embrace (his feet).
  • On all other occasions he shall salute (him in the manner described above).
  • But some declare that he ought to embrace the (feet of his) teacher (at every occasion instead of saluting him).
  • Having stroked the teacher’s right foot with his right hand below and above, he takes hold of it and of the ankle.
  • Some say, that he must press both feet, each with both hands, and embrace them.
  • He shall be very attentive the whole day long, never allowing his mind to wander from the lesson during the (time devoted to) studying.
  • And (at other times he shall be attentive) to the business of his teacher.
  • And during the time for rest (he shall give) his mind (to doubtful passages of the lesson learnt).
  • And he shall study after having been called by the teacher (and not request the teacher to begin the lesson).
PRASNA 1, PATALA 2, KHANDA 6.
  • Every day he shall put his teacher to bed after having washed his (teacher’s) feet and after having rubbed him.
  • He shall retire to rest after having received (the teacher’s permission).
  • And he shall not stretch out his feet towards him.
  • Some say, that it is not (sinful) to stretch out the feet (towards the teacher), if he be lying on a bed.
  • And he shall not address (the teacher), whilst he himself is in a reclining position.
  • But he may answer (the teacher) sitting (if the teacher himself is sitting or lying down).
  • And if (the teacher) stands, (he shall answer him,) after having risen also.
  • He shall walk after him, if he walks.
  • He shall run after him, if he runs.
  • He shall not approach (his teacher) with shoes on his feet, or his head covered, or holding (implements) in his hand.
  • But on a journey or occupied in work, he may approach him (with shoes on, with his head covered, or with implements in his hand),
  • Provided he does not sit down quite near (to his teacher).
  • He shall approach his teacher with the same reverence as a deity, without telling idle stories, attentive and listening eagerly to his words.
  • (He shall not sit near him) with his legs crossed.
  • If (on sitting down) the wind blows from the pupil towards the master, he shall change his place.
  • (He shall sit) without supporting himself with his hands (on the ground),
  • Without leaning against something (as a wall or the like).
  • If the pupil wears two garments, he shall wear the upper one after the fashion of the sacred thread at the sacrifices.
  • But, if he wears a (lower) garment only, he shall wrap it around the lower part of his body.
  • He shall turn his face towards his teacher though the latter does not turn his towards him.
  • He shall sit neither too near to, nor too far (from the teacher),
  • (But) at such a distance, that (the teacher) may be able to reach him with his arms (without rising).
  • (He shall not sit in such a position) that the wind blows from the teacher, towards himself.
  • (If there is) only one pupil, he shall sit at the right hand (of the teacher).
  • (If there are) many, (they may sit) as it may be convenient.
  • If the master (is not honoured with a seat and) stands, the (pupil) shall not sit down.
  • (If the master is not honoured with a couch) and sits, the (pupil) shall not lie down on a couch.
  • And if the teacher tries (to do something), then (the pupil) shall offer to do it for him, if it is in his power.
  • And, if his teacher is near, he shall not embrace (the feet of) another Guru who is inferior (in dignity),
  • Nor shall he praise (such a person in the teacher’s presence) by (pronouncing the name of) his family.
  • Nor, shall he rise to meet such an (inferior Guru) or rise after him,
  • Even if he be a Guru of his teacher.
  • But he shall leave his place and his seat, (in order to show him honour.)
  • Some say, that (he may address) a pupil of his teacher by (pronouncing) his name, if he is also one of his (the pupil’s) own Gurus.
  • But towards such a person who is generally revered for some other reason than being the teacher (e.g. for his learning), the (student) should behave as towards his teacher, though he be inferior in dignity to the latter.
  • After having eaten in his (teacher’s) presence, he shall not give away the remainder of the food without rising.
  • Nor shall he sip water (after having eaten in the presence of his teacher without rising).
  • (He shall rise) addressing him (with these words), ‘What shall I do?’
PRASNA I, PATALA 2, KHANDA 7.
  • Or he may rise silently.
  • Nor shall he (in going away) move around his teacher with his left hand turned towards him; he shall go away after having walked around him with his right side turned towards him.
  • He shall not look at a naked woman.
  • He shall not cut the (leaves or flowers) of herbs or trees, in order to smell at them.
  • He shall avoid (the use of) shoes, of an umbrella a chariot, and the like (luxuries).
  • He shall not smile.
  • If he smiles, he shall smile covering (the mouth with his hand); thus says a Brahmana.
  • He shall not touch a woman with his face, in order to inhale the fragrance of her body.
  • Nor shall he desire her in his heart.
  • Nor shall he touch (a woman at all) without a particular reason.
  • A Brahmana declares, ‘He shall be dusty, be shall have dirty teeth, and speak the truth.’
  • Those teachers, who instructed his teacher in that science which he (the pupil) studies with him, (are to be considered as) spiritual teachers (by the pupil).
  • But if (a teacher), before the eyes of his (pupil), embraces the feet of any other persons, then he (the pupil also) must embrace their feet, (as long as he remains) in that (state of studentship).
  • If (a pupil) has more than one teacher, the alms (collected by him) are at the disposal of him to whom he is (just then) bound.
  • When (a student) has returned home (from his teacher), he shall give (whatever he may obtain by begging or otherwise) to his mother.
  • The mother shall give it to her husband;
  • (And) the husband to the (student’s) teacher.
  • Or he may use it for religious ceremonies.
  • After having studied as many (branches of) sacred learning as he can, he shall procure in a righteous manner the fee for (the teaching of) the Veda (to be given to his teacher), according to his power.
  • But, if the teacher has fallen into distress, he may take (the fee) from an Ugra or from a Sudra.
  • But some declare, that it is lawful at any time to take the money for the teacher from an Ugra or from a Sudra.
  • And having paid (the fee), he shall not boast of having done so.
  • And he shall not remember what he may have done (for his teacher).
  • He shall avoid self-praise, blaming others, and the like.
  • If he is ordered (by his teacher to do something), he shall do just that.
  • On account of the incompetence of his teacher, (he may go) to another (and) study (there).
  • He shall behave towards his teacher’s wife as towards the teacher himself, but he shall not embrace her feet, nor eat the residue of her food.
  • So also (shall he behave) towards him who teaches him at (the teacher’s) command,
  • And also to a fellow-student who is superior (in learning and years).
  • He shall behave to his teacher’s son (who is superior to himself in learning or years) as to his teacher, but not eat the residue of his food.
  • Though he may have returned home, the behaviour towards his (teacher and the rest) which is prescribed by the rule of conduct settled by the agreement (of those who know the law, must be observed by him to the end),
PRASNA I, PATALA 2, KHANDA 8.
  • Just as by a student (actually living with his teacher).
  • He may wear garlands, anoint his face (with sandal), oil his hair and moustaches, smear his eyelids (with collyrium), and (his body) with oil, wear a turban, a cloth round his loins, a coat, sandals, and wooden shoes.
  • Within the sight of his (teacher or teacher’s relations) he shall do none of those (actions, as putting on a garland), nor cause them to be done.
  • Nor (shall he wear garlands &c. whilst performing) acts for his pleasure,
  • As, for instance, cleaning his teeth, shampooing, combing the hair, and the like.
  • And the teacher shall not speak of the goods of the (pupil) with the intention to obtain them.
  • But some declare, that, if a pupil who has bathed (after completing his studies) is called by his teacher or has gone to see him, he shall not take off that (garland or other ornaments) which he wears according to the law at the time (of that ceremony).
  • He shall not sit on a seat higher (than that of his teacher),
  • Nor on a seat that has more legs (than that of his teacher),
  • Nor on a seat that stands more firmly fixed (on the ground than that of his teacher),
  • Nor shall he sit or lie on a couch or seat which is used (by his teacher).
  • If he is ordered (by his teacher), he shall on journey ascend a carriage after him.
  • (At his teacher’s command) he shall also enter an assembly, ascend a roller (which his teacher drags along), sit on a mat of fragrant grass or a couch of straw (together with his teacher).
  • If not addressed by a Guru, he shall not speak to him, except (in order to announce) good news.
  • He shall avoid to touch a Guru (with his finger), to whisper (into his ear), to laugh (into his face), to call out to him, to pronounce his name or to give him orders and the like (acts)
  • In time of need he may attract attention (by any of these acts).
  • If (a pupil) resides (in the same village) with (his teacher after the completion of his studies), he shall go to see him every morning and evening, without being called.
  • And if he returns from a journey, he shall (go to) see him on the same day.
  • If his teacher and his teacher’s teacher meet, he shall embrace the feet of his teacher’s teacher, and then show his desire to do the same to his teacher.
  • The other (the teacher) shall (then) forbid it.
  • And (other marks of) respect (due to the teacher) are omitted in the presence of the (teacher’s teacher).
  • And (if he does not live in the same village), he shall go frequently to his teacher’s residence, in order to see him, and bring him some (present) with his own hand, be it even only a stick for cleaning the teeth. Thus (the duties of a student have been explained).
  • (Now) the conduct of a teacher towards his pupil (will be explained).
  • Loving him like his own son, and full of attention, he shall teach him the sacred science, without hiding anything in the whole law.
  • And he shall not use him for his own purposes to the detriment of his studies except in times of distress.
  • That pupil who, attending to two (teachers), accuses his (principal and first) teacher of ignorance, remains no (longer) a pupil.
  • A teacher also, who neglects the instruction (of his pupil), does no (longer) remain a teacher.
  • If the (pupil) commits faults, (the teacher) shall always reprove him.
  • Frightening, fasting, bathing in (cold) water, and banishment from the teacher’s presence are the punishments (which are to be employed), according to the greatness (of the fault), until (the pupil) leaves off (sinning).
  • He shall dismiss (the pupil), after he has performed the ceremony of the Samavartana and has finished his studentship, with these words, ‘Apply thyself henceforth to other duties.’
PRASNA I, PATALA 3, KHANDA 9.
  •  After having performed the Upakarma for studying the Veda on the full moon of the month’ Sravana (July-August), he shall for one month not study in the evening.
  • On the full moon of the month of Pausha (December-January), or under the constellation Rohini, he shall leave off reading the Veda.
  • Some declare, (that he shall study) for four months and a half.
  • He shall avoid to Study the Veda on a highroad.
  • Or he may study it (on a highroad), after having smeared (a space) with cowdung.
  • He shall never study in a burial-ground nor anywhere near it within the throw of a Samya.
  • If a village has been built over (a burial ground) or its surface has been cultivated as a field, the recitation of the Veda (in such a place) is not prohibited.
  • But if that place is known to have been a burial-ground he shall not study (there).
  • A Sudra and an outcast are (included by the term) burial-ground, (and the rule given, Sutra 6, applies to them).
  • Some declare, that (one ought to avoid only, to study) in the same house (where they dwell).
  • But if (a student and) a Sudra woman merely look at each other, the recitation of the Veda must be interrupted,
  • Likewise, if (a student and) a woman, who has had connexion with a man of a lower caste, (look at each other).
  • If he, who is about to study the Veda, wishes to talk to a woman during her courses, he shall first speak to a Brahmana and then to her, then again speak to a Brahmana, and afterwards study. Thereby the children (of that woman) will be blessed.
  • (He shall not study in a village) in which a corpse lies;
  • Nor in such a one where Kandalas live.
  • He shall not study whilst corpses are being carried to the boundary of the village,
  • Nor in a forest, if (a corpse or Kandala) is within sight.
  • And if outcasts have entered the village, he shall not study on that day,
  • Nor if good men (have come).
  • If it thunders in the evening, (he shall not study) during the night.
  • If lightning is seen (in the evening, he shall not study during that night), until he has slept.
  • If lightning is seen about the break of dawn, or at the time when he may distinguish at the distance of a Samya-throw, whether (a cow) is black or red, be shall not study during that day, nor in the following evening.
  • If it thunders in the second part of the third watch of the night, (he shall not study during the following day or evening).
  • Some (declare, that this rule holds good, if it thunders), after the first half of the night has passed.
  • (Nor shall he study) whilst the cows are prevented from leaving (the village on account of thieves and the like),
  • Nor (on the imprisonment of criminals) whilst they are being executed.
  • He shall not study whilst he rides on beasts (of burden).
  • At the new moon, (he shall not study) for two days and two nights.
PRASNA I, PATALA 3, KHANDA 10.
  • (Nor shall he study) on the days of the full moons of those months in which the Katurmasya-sacrifice may be performed (nor on the days preceding them).
  • At the time of the Vedotsarga, on the death of Gurus, at the Ashlaka-Sraddha, and at the time of the Upakarma, (he shall not study) for three days;
  • Likewise if near relations have died.
  • (He shall not study) for twelve days, if his mother, father, or teacher have died.
  • If these (have died), he must (also) bathe for the same number of days.
  • Persons who are younger (than the relation deceased), must shave (their hair and beard),
  • Some declare, that students who have returned home on completion of their studentship, shall never shave, except if engaged in the initiation to a Srauta-sacrifice.
  • Now a Brahmana also declares, ‘Verily, an empty, uncovered (pot) is he, whose hair is shaved off entirely; the top-lock is his covering.’
  • But at sacrificial sessions the top-lock must be shaved off, because it is so enjoined in the Veda.
  • Some declare, that, upon the death of the teacher, (the reading should be interrupted) for three days and three nights.
  • If (he hears of) the death of a learned Brahmana (Srotriya) before a full year (since the death) has elapsed, (he shall interrupt his reading) for one night (and day).
  • Some declare, (that the deceased Srotriya must have been) a fellow-student.
  • If a learned Brahmana (Srotriya) has arrived and he is desirous of studying or is actually studying, (or if he is desirous of teaching or is teaching,) he may study or teach after having received permission (to do so from the Srotriya).
  • He may likewise study or teach in the presence of his teacher, if (the latter) has addressed him (saying), ‘Ho, study! (or, Ho, teach!)’
  • When a student desires to study or has finished his lesson, he shall at both occasions embrace the feet of his teacher.
  • Or if, whilst they study, another person comes in, he shall continue his recitation, after those words, (‘Ho, study!’) have been pronounced (by the newcomer).
  • The barking of (many) dogs, the braying of (many) asses, the cry of a wolf or of a solitary jackal or of an owl, all sounds of musical instruments, of weeping, and of the Saman melodies (are reasons for discontinuing the study of the Veda).
  • If another branch of the Veda (is being recited in the neighbourhood), the Saman melodies shall not be studied.
  • And whilst other noises (are being heard, the recitation of the Veda shall be discontinued), if they mix (with the voice of the person studying).
  • After having vomited (he shall not study) until he has slept.
  • Or (he may study) having eaten clarified butter (after the attack of vomiting).
  • A foul smell (is a reason for the discontinuance of study).
  • Food turned sour (by fermentation), which he has in his stomach, (is a reason for the discontinuance of the recitation, until the sour rising ceases).
  • (Nor shall he study) after having eaten in the evening,
  • Nor as long as his hands are wet.
  • (And he shall discontinue studying) for, a day and an evening, after having eaten food prepared in honour of a dead person (for whom the Sapindi-karana has not yet been performed),
  • Or until the food (eaten on that occasion) is digested.
  • But he shall (always) eat in addition (to the meal given in honour of a dead person), food which has not been given at a sacrifice to the Manes.
PRASNA I, PATALA 3, KHANDA 11.
  • (The recitation of the Veda shall be interrupted for a day and evening if he has eaten), on beginning a fresh Kanda (of his Veda), food given by a motherless person,
  • And also if he has eaten, on the day of the completion of a Kanda, food given by a fatherless person.
  • Some declare, that (the recitation shall be interrupted for the same space of time), if he has eaten at a sacrifice offered in honour of gods who were formerly men.
  • Nor is the recitation interrupted, if he has eaten rice received the day before, or raw meat (though these things may have been offered in honour of the dead),
  • Nor (if he has eaten at a funeral dinner) roots or fruits of herbs and trees.
  • When he performs the ceremony for beginning of a Kanda, or when he studies the index of the Anuvakas of a (Kanda), he shall not study that (Kanda) on that day (nor in that night).
  • And if he performs the ceremonies prescribed on beginning or ending the recitation of one entire Veda, he shall not study that Veda (during that day).
  • If the wind roars, or if it whirls up the grass on the ground, or if it drives the raindrops forward during a rain-shower, (then the recitation shall be interrupted for so long a time as the storm lasts).
  • (Nor shall he study) on the boundary between a village and forest,
  • Nor on a highway.
  • If (some of his) fellow-students are on a journey, he shall not study during that day, (the passage) which they learn together.
  • And whilst performing acts for his pleasure,
  • Such as washing his feet, shampooing or anointing himself,
  • He shall neither study nor teach, as long as he is thus occupied.
  • (He shall not study or teach) in the twilight,
  • Nor whilst sitting on a tree,
  • Nor whilst immersed in water,
  • Nor at night with open doors,
  • Nor in the daytime with shut doors.
  • During the spring festival and the festival (of Indra), in the month of Ashadha (June-July), the study of an Anuvaka is forbidden.
  • (The recitation) of the daily portion of the Veda (at the Brahmayagna is likewise forbidden if done) in a manner differing from the rule (of the Veda).
  • (Now follows) the rule (for the daily recitation) of that (Brahmayagna).
  • Before taking his morning-meal, he shall go to the water-side, and having purified himself, he shall recite aloud (a portion of the Veda) in a pure place, leaving out according to (the order of the) texts (what he has read the day before).
  • If a stoppage of study is enjoined (for the day, he shall recite the daily portion) mentally.
  • If lightning flashes without interruption, or, thunder rolls continually, if a man has neglected to purify himself, if he has partaken of a meal in honour of a dead person, or if hoarfrost lies on the ground, (in these cases) they forbid the mental recitation (of the daily portion of the Veda).
  • Some forbid it only in case one has eaten a funeral dinner.
  • Where lightning, thunder, and rain happen together out of season, the recitation shall be interrupted for three days.
  • Some (declare, that the recitation shall stop) until the ground is dry.
  • If one or two (of the phenomena mentioned in Sutra 27 appear, the recitation shall be interrupted) from that hour until the same hour next day.
  • In the case of an eclipse of the sun or of the moon, of an earthquake, of a whirlwind, of the fall of a meteor, or of a fire (in the village), at whatever time these events happen, the recitation of all the sacred sciences (Vedas and Aegas) must be interrupted from that hour until the same hour next day.
  • If a cloud appears out of season, if the sun or the moon is surrounded by a halo, if a rainbow, a parhelion or a comet appears, if a (high) wind (blows), a foul smell (is observed), or hoarfrost (lies on the ground, at all these occasions (the recitation of all the sacred sciences must be interrupted) during the duration (of these phenomena).
  • After the wind has ceased, (the interruption of the recitation continues) for one muhurta.
  • If (the howl of) a wolf or of a solitary jackal (has been heard, he shall stop the reading) until he has slept.
  • At night (he shall not study) in a wood, where there is no fire nor gold.
  • Out of term he shall not study any part of the Veda which he has not learnt before.
  • Nor (shall he study during term some new part of the Veda) in the evening.
  • That which has been studied before, must never be studied (during the vacation or in the evening).
  • Further particulars (regarding the interruption of the Veda-study may be learnt) from the (teaching and works of other) Vedic schools.
PRASNA I, PATALA 4, KHANDA 12.
  • A Brahmana declares, ‘The daily recitation (of the Veda) is austerity.’
  • In the same (sacred text) it is also declared, Whether he recites the daily portion of the Veda standing, or sitting, or lying down, he performs austerity thereby; for the daily recitation is austerity.’
  • Now the Vagasaneyi-brahmana declares also, ‘The daily recitation is a sacrifice at which the Veda is offered. When it thunders, when lightning flashes or thunderbolts fall, and when the wind blows violently, these sounds take the place of the exclamations Vashat (Vaushat and Svaha). Therefore he shall recite the Veda whilst it thunders, whilst lightning flashes and thunderbolts fall, and whilst the wind blows violently, lest the Vashat (should be heard) in vain.  
  • The conclusion of the passage from that (Vagasaneyi-brahmana is found) in another Sakha (of the Veda).
  • ‘Now, if the wind blows, or if it thunders, or if lightning flashes, or thunderbolts fall, then he shall recite one Rik-verse (in case he studies the Rig-Veda), or one Yagus (in case he studies the Yagur-veda), or one Saman (in case he studies the Samaveda), or (without having a regard to his particular Veda, the following Yagus), “Bhuh Bhuvah, Suvah, in faith I offer true devotion.” Then, indeed, his daily recitation is accomplished thereby for that day.’
  • If that is done, (if the passage of the Vagasaneyi-brahmana is combined with that quoted in Sutra 5, the former stands) not in contradiction with the decision of the Aryas.
  • For they (who know the law) teach both the continuance and the interruption (of the daily recitation of the Veda). That would be meaningless, if one paid attention to the (passage of the) Vagasaneyi-brahmana (alone).
  • For no (worldly) motive for the decision of those Aryas is perceptible; (and hence it must have a religious motive and be founded on a passage of the Veda).
  • (The proper interpretation therefore is, that) the prohibition to study (given above and by the Aryas generally) refers only to the repetition of the sacred texts in order to learn them, not to their application at sacrifices.
  • (But if you ask, why the decision of the Aryas presupposes the existence of a Vedic passage, then I answer): All precepts were (originally) taught in the Brahmanas, (but) these texts have been lost. Their (former existence) may, however, be inferred from usage.
  • But it is not (permissible to infer the former existence of) a (Vedic) passage in cases where pleasure is obtained (by following a rule of the Smriti or a custom).
  • He who follows such (usages) becomes fit for hell.
  • Now follow (some rites and) rules that have been declared in the Brahmanas.
  • By way of laudation they are called ‘great sacrifices ‘ or ‘great sacrificial sessions.’
  • (These rites include): The daily Bali-offering to the (seven classes of) beings; the (daily) gift of (food) to men according to one’s power;
PRASNA I, PATALA 4, KHANDA 13.
  • The oblation to the gods accompanied by the exclamation Svaha, which may consist even of a piece of wood only; the offering to the Manes accompanied by the exclamation Svadha, which may consist even of a vessel with water only; the daily recitation.
  • Respect must be shown to those who are superior by caste,
  • And also to (persons of the same caste who are) venerable (on account of learning, virtue, and the like).
  • A man elated (with success) becomes proud, a proud man transgresses the law, but through the transgression of the law hell indeed (becomes his portion).
  • It has not been declared, that orders (may be addressed by the teacher) to a pupil who has returned home.
  • The syllable ‘Om’ is the door of heaven. Therefore he who is about to study the Veda, shall begin (his lesson) by (pronouncing) it.
  • If he has spoken anything else (than what refers to the lesson, he shall resume his reading by repeating the word ‘Om’). Thus the Veda is separated from profane speech.
  • And at sacrifices the orders (given to the priests) are headed by this word.
  • And in common life, at the occasion of ceremonies performed for the sake of welfare, the sentences shall be headed by this word, as, for instance, ‘(Om) an auspicious day,’ ‘(Om) welfare,’ ‘(Om) prosperity.’
  • Without a vow of obedience (a pupil) shall not study (nor a teacher teach) a difficult (new book) with the exception of (the texts called) Trihsravana and Trihsahavakana.
  • Harita declares, that the (whole) Veda must be studied under a vow of obedience until there is no doubt (regarding it in the mind of the pupil).
  • No obedience is due (to the teacher for teaching) works which do not belong to the Veda.
  • (A student) shall embrace the feet of a person, who teaches him at the request of his (regular teacher), as long as the instruction lasts.
  • Some (declare, that he shall also) always, (if the substitute is) a worthy person.
  • But obedience (as towards the teacher) is not required (to be shown towards such a person).
  • And (pupils) older (than their teacher need not show him obedience).
  • If (two persons) teach each other mutually (different redactions of) the Veda, obedience (towards each other) is not ordained for them.
  • (For) the (wise) say, ‘The Veda-knowledge (of either of them) grows.’
  • Svetaketu declares, ‘He who desires to study more, after having settled (as a householder), shall dwell two months every year, with collected mind, in the house of his teacher,’
  • (And he adds), ‘For by this means I studied a larger part of the Veda than before, (during my studentship.)’
  • That is forbidden by the Sastras.
  • For after the student has settled as a householder, he is ordered by the Veda, to perform the daily rites,
PRASNA I, PATALA 4, KHANDA 14.
  • (That is to say) the Agnihotra, hospitality,
  • And what else of this kind (is ordained).
  • He whom (a student) asks for instruction, shall certainly not refuse it;
  • Provided he does not see in him a fault, (which disqualifies him from being taught).
  • If by chance (through the pupil’s stupidity the teaching) is not completed, obedience towards the (teacher is the pupil’s only refuge).
  • Towards a mother (grandmother and great-grandmother) and a father (grandfather and great-grandfather) the same obedience must be shown as towards a teacher.
  • The feet of all Gurus must be embraced (every day) by a student who has returned home;
  • And also on meeting them, after returning from a journey.
  • The feet of (elder) brothers and sisters must be embraced, according to the order of their seniority.
  • And respect (must) always (be shown to one’s elders and betters), according to the injunction (given above and according to the order of their seniority).
  • He shall salute an officiating priest, a father-in-law, a father’s brother, and a mother’s brother, (though they may be) younger than he himself, and (when saluting) rise to meet them.
  • Or he may silently embrace their feet.
  • A friendship kept for ten years with fellow citizens (is a reason for giving a salutation, and so is) a friendship, contracted at school, which has lasted for five years. But a learned Brahmana (known) for less than three years, must be saluted.
  • If the age (of several persons whom one meets) is exactly known, one must salute the eldest (first).
  • He need not salute a person, who is not a Guru, and who stands in a lower or higher place than he himself.
  • Or he may descend or ascend (to the place where such a person stands) and salute him.
  • But every one (Gurus and others) he shall salute, after having risen (from his seat).
  • If he is impure, he shall not salute (anybody);
  • (Nor shall he salute) a person who is impure.
  • Nor shall he, being impure, return a salutation.
  • Married women (must be saluted) according to the (respective) ages of their husbands.
  • He shall not salute with his shoes on, or his head wrapped up, or his hands full.
  • In saluting women, a Kshatriya or a Vaisya he shall use a pronoun, not his name.
  • Some (declare, that he shall salute in this manner even) his mother and the wife of his teacher.
  • Know that a Brahmana of ten years and a Kshatriya of a hundred years stand to each other in the relation of father and son. But between those two the Brahmana is the father.
  • A younger person or one of equal age he shall ask, about his well-being (employing the word kusala).
  • (He shall ask under the same conditions) a Kshatriya, about his health (employing the word anamaya);
  • A Vaisya if he has lost anything (employing the word anashta).  
  • A Sudra, about his health (employing the word arogya).
  • He shall not pass a learned Brahmana without addressing him;
  • Nor an (unprotected) woman in a forest (or any other lonely place).
PRASNA I, PATALA 5, KHANDA 15.
  • When he shows his respect to Gurus or aged persons or guests, when he offers a burnt-oblation (or other sacrifice), when he murmurs prayers at dinner, when sipping water and during the (daily) recitation of the Veda, his garment (or his sacrificial thread) shall pass over his left shoulder and under his right arm.
  • By sipping (pure) water, that has been collected on the ground, he becomes pure.
  • Or he, whom a pure person causes to sip water, (becomes also pure).
  • He shall not sip raindrops.
  • (He shall not sip water) from a (natural) cleft in the ground.
  • He shall not sip water heated (at the fire) except for a particular reason (as sickness).
  • He who raises his empty hands (in order to scare) birds, (becomes impure and) shall wash (his hands).
  • If he can (find water to sip) he shall not remain impure (even) for a muhurta.
  • Nor (shall he remain) naked (for a muhurta if he can help it).
  • Purification (by sipping water) shall not take place whilst he is (standing) in the water.
  • Also, when he has crossed a river, he shall purify himself by sipping water.
  • He shall not place fuel on the fire, without having sprinkled it (with water).
  • (If he is seated in company with) other unclean persons on a seat consisting of a confused heap of straw, and does not touch them, he may consider himself pure.
  • (The same rule applies, if he is seated) on grass or wood fixed in the ground.
  • He shall put on a dress, (even if it is clean,) only after having sprinkled it with water.
  • If he has been touched by a dog, he shall bathe, with his clothes on;
  • Or he becomes pure, after having washed that part (of his body) and having touched it with fire and again washed it, as well as his feet, and having sipped water.
  • Unpurified, he shall not approach fire, (so near that he can feel the heat).
  • Some declare, that (he shall not approach nearer) than the length of an arrow.
  • Nor shall he blow on fire with his breath.
  • Nor shall he place fire under his bedstead.
  • It is lawful for a Brahmana to dwell in a village, where there is plenty of fuel and water, (and) where he may perform the rites of purification by himself.
  • When he has washed away the stains of urine and faeces after voiding urine or faces, the stains of food (after dinner), the stains of the food eaten the day before (from his vessels), and the stains of semen, and has also washed his feet and afterwards has sipped water, he becomes pure.
PRASNA I, PATALA 5, KHANDA 16.
  • He shall not drink water standing or bent forwards.
  • Sitting he shall sip water (for purification) thrice, the water penetrating to his heart.
  • He shall wipe his lips three times.
  • Some (declare, that he shall do so) twice.
  • He shall then touch (his lips) once (with the three middle fingers).
  • Some (declare, that he shall do so) twice.
  • Having sprinkled water on his left hand with his right, he shall touch both his feet, and his head and (the following three) organs, the eyes, the nose, and the ears.
  • Then he shall wash (his hands).
  • But if he is going to eat he shall, though pure, twice sip water, twice wipe (his mouth), and once touch (his lips).
  • He shall rub the gums and the inner part of his lips (with his finger or with a piece of wood) and then sip water.
  • He does not become impure by the hair (of his moustaches) getting into his mouth, as long as he does not touch them with his hand.
  • If (in talking), drops (of saliva) are perceived to fall from his mouth, then he shall sip water.
  • Some declare, that if (the saliva falls) on the ground, he need not sip water.
  • On touching during sleep or in sternutation the effluvia of the nose or of the eyes, on touching blood, hair, fire, kine, a Brahmana, or a woman, and after having walked on the high road, and after having touched an (thing or man), and after having put on his lower garment, he shall either bathe or sip or merely touch water (until he considers himself clean).
  • (Or he may touch) moist cowdung, wet herbs, or moist earth.
  • He shall not eat meat which has been cut with a sword (or knife) used for killing.
  • He shall not bite off with his teeth (pieces from) cakes (roots or fruits).
  • He shall not eat in the house of a (relation within six degrees) where a person has died, before the ten days (of impurity) have elapsed.
  • (Nor shall he eat in a house) where a lying-in woman has not (yet) come out (of the lying-in chamber),
  • (Nor in a house) where a corpse lies.
  • Food touched by a (Brahmana or other high-caste person) who is impure, becomes impure, but not unfit for eating.
  • But what has been brought (be it touched or not) by an impure Sudra, must not be eaten,
  • Nor that food in which there is a hair,
  • Or any other unclean substance.
  • (Nor must that food be eaten) which has been touched with an unclean substance (such as garlic),
  • Nor (that in which) an insect living on impure substances (is found),
  • Nor (that in which) excrements or limbs of a mouse (are found),
  • Nor that which has been touched by the foot (even of a pure person),
  • Nor what has been (touched) with the hem of a garment,
  • Nor that which has been looked at by a dog or an Apapatra,
  • Nor what has been brought in the hem of a garment, (even though the garment may be clean),
  • Nor what has been brought at night by a female slave.
  • If during his meal,
PRASNA I, PATALA 5, KHANDA 17.
  • A Sudra touches him, (then he shall leave off eating).
  • Nor shall he eat sitting in the same row with unworthy people.
  • Nor shall he eat (sitting in the same row with persons) amongst whom one, whilst they eat, rises and gives his leavings to his pupils or sips water;
  • Nor (shall he eat) where they give him food, reviling him.
  • Nor (shall he eat) what has been smelt at by men or other (beings, as cats).
  • He shall not eat in a ship,
  • Nor on a wooden platform.
  • He may eat sitting on ground which has been purified (by the application of cowdung and the like).
  • (If he eats) out of an earthen vessel, he shall eat out of one that has not been used (for cooking).
  • (If he can get) a used vessel (only, he shall eat from it), after having heated it thoroughly.
  • A vessel made of metal becomes pure by being scoured with ashes and the like.
  • A wooden vessel becomes pure by being scraped.
  • At a sacrifice (the vessels must be cleaned) according to the precepts of the Veda.
  • He shall not eat food which has been bought or obtained ready-prepared in the market.
  • Nor (shall he eat) flavoured food (bought in the market) excepting raw meat, honey, and salt.
  • Oil and clarified butter (bought in the market) he may use, after having sprinkled them with water.
  • Prepared food which has stood for a night, must neither be eaten nor drunk.
  • Nor (should prepared food) that has turned sour (be used in any way).
  • (The preceding two rules do) not (hold good in regard to) the juice of sugar-cane, roasted rice-grains, porridge prepared with whey, roasted yava, gruel, vegetables, meat, flour, milk and preparations from it, roots and fruits of herbs and trees.
  • (Substances which have turned) sour without being mixed with anything else (are to be avoided).
  • All intoxicating drinks are forbidden.
  • Likewise sheep’s milk,
  • Likewise the milk of camels, of does, of animals that give milk while big with young, of those that bear twins, and of (one-hoofed animals),
  • Likewise the milk of a cow (buffalo-cow or she-goat) during the (first) ten days (after their giving birth to young ones),
  • Likewise (food mixed) with herbs which serve for preparing intoxicating liquors,
  • (Likewise) red garlic, onions, and leeks,
  • Likewise anything else which (those who are learned in the law) forbid.
  • Mushrooms ought not to be eaten; that has been declared in a Brahmana;
  • (Nor the meat) of one-hoofed animals, of camels, of the Gayal, of village pigs, of Sarabhas, and of cattle.
  • (But the meat) of milch-cows and oxen may be eaten.
  • The Vagasaneyaka declares ‘bull’s flesh is fit for offerings.’
  • Amongst birds that scratch with their feet for, food, the (tame) cock (must not be eaten).
  • Amongst birds that feed thrusting forward their beak, the (heron, called) Plava (or Sakatabila, must not be eaten).
  • Carnivorous (birds are forbidden),
  • Likewise the swan, the Bhasa, the Brahmani duck, and the falcon.
  • Common cranes and Saras-cranes (are not to be eaten) with the exception of the leather-nosed Lakshmana.
  • Five-toed animals (ought not to be eaten) with the exception of the iguana, the tortoise, the porcupine, the hedgehog, the rhinoceros, the hare, and the Putikhasha.
  • Amongst fishes, the Keta ought not to be eaten,
  • Nor the snake-headed fish, nor the alligator, nor those which live on flesh only, nor those which are misshaped (like) mermen.
PRASNA I, PATALA 6, KHANDA 18.
  • Honey, uncooked (grain), venison, land, roots, fruits, (a promise of) safety, a pasture for cattle, a house, and fodder for a draught-ox may be accepted (even) from an Ugra.
  • Harita declares, that even these (presents) are to be accepted only if they have been obtained by a pupil.
  • Or they (Brahmana householders) may accept (from an Ugra) uncooked or (a little) unflavoured boiled food.
  • (Of such food) they shall not take a great quantity (but only so much as suffices to support life).
  • If (in times of distress) he is unable to keep himself, he may eat (food obtained from anybody),
  • After having touched it (once) with gold,
  • Or (having touched it with) fire.
  • He shall not be too eager after (such a way of living). He shall leave it when he has obtained a (lawful) livelihood.
  • (A student of the Brahmanic caste) who has returned home shall not eat (in the house) of people belonging to the three tribes, beginning with the Kshatriya (i.e. of Kshatriyas, Vaisyas, and Sudras).
  • He may (usually) eat (the food) of a Brahmana on account of (the giver’s) character (as a Brahmana). It must be avoided for particular reasons only.
  • He shall not eat in a house where (the host) performs a rite which is not a rite of penance, whilst he ought to perform a penance.
  • But when the penance has been performed, he may eat (in that house).
  • According to some (food offered by people) of any caste, who follow the laws prescribed for them, except that of Sudras, may be eaten.
  • (In times of distress) even the food of a Sudra, who lives under one’s protection for the sake of spiritual merit, (may be eaten).
  • He may eat it, after having touched it (once) with gold or with fire. He shall not be too eager after (such a way of living). He shall leave it when he obtains a (lawful) livelihood.
  • Food received from a multitude of givers must not be eaten,
  • Nor food offered by a general invitation (to all comers).
  • Food offered by an artisan must not be eaten,
  • Nor (that of men) who live by the use of arms (with the exception of Kshatriyas),
  • Nor (that of men) who live by letting lodgings or land.
  • A (professional) physician is a person whose food must not be eaten,
  • (Also) a usurer,
  • (Also) a Brahmana who has performed the Dikshaniyeshti (or initiatory ceremony of the Soma-sacrifice) before he has bought the king (Soma).
  • (The food given by a person who has performed the Dikshaniyeshti may be eaten), when the victim sacred to Agni and Soma has been slain.
  • Or after that the omentum of the victim (sacred to Agni and Soma) has been offered.
  • For a Brahmana declares, ‘Or they may eat of the remainder of the animal, after having set apart a portion for the offering.’
  • A eunuch (is a person whose food must not be eaten),
  • (Likewise) the (professional) messenger employed by a king (or others),
  • (Likewise a Brahmana) who offers substances that are not fit for a sacrifice,
  • (Likewise) a spy,
  • (Also) a person who has become an ascetic without (being authorised thereto by) the rules (of the law),
  • (Also) he who forsakes the sacred fires without performing the sacrifice necessary on that occasion),
  • Likewise a learned Brahmana who avoids everybody, or eats the food of anybody, or neglects the (daily) recitation of the Veda, (and) he whose (only living) wife is of the Sudra caste.
PRASNA I, PATALA 6, KHANDA 19.
  • A drunkard, a madman, a prisoner, he who learns the Veda from his son, a creditor who sits with his debtor (hindering the fulfilment of his duties), a debtor who thus sits (with his creditor, are persons whose food must not be eaten) as long as they are thus engaged or in that state.
  • Who (then) are those whose food may be eaten?
  • Kanva declares, that it is he who wishes to give.
  • Kautsa declares, that it is he who is holy.
  • Varshyayani declares, that it is every giver (of food).
  • For if guilt remains fixed on the man (who committed a crime, then food given by a sinner) may be eaten (because the guilt cannot leave the sinner). But if guilt can leave (the sinner at any time, then food given by the sinner may be eaten because) he becomes pure by the gift (which he makes).
  • Offered food, which is pure, may be eaten, according to Eka, Kunika, Kanva, Kutsa, and Pushkarasadi.
  • Varshyayani’s opinion is, that (food) given unasked (may be accepted) from anybody.
  • (Food offered) willingly by a holy man may be eaten.
  • Food given unwillingly by a holy man ought not to be eaten.
  • Food offered unasked by any person whatsoever may be eaten,
  • ‘But not if it be given after an express previous announcement;’ thus says Harita.
  • Now they quote also in a Purana the following two verses: ‘The Lord of creatures has declared, that food offered unasked and brought by the giver himself, may be eaten, though (the giver be) a sinner, provided the gift has not been announced beforehand. The Manes of the ancestors of that man who spurns such food, do not eat (his oblations) for fifteen years, nor does the fire carry his offerings (to the gods).’
  • (Another verse from a Purana declares): ‘The food given by a physician, a hunter, a surgeon, a fowler, an unfaithful wife, or a eunuch must not be eaten.’
  • Now (in confirmation of this) they quote (the following verse): ‘The murderer of a Brahmana learned in the Veda heaps his guilt on his guest, an innocent man on his calumniator, a thief set at liberty on the king, and the petitioner on him who makes false promises.’
PRASNA I, PATALA 7, KHANDA 20
  • He shall not fulfil his sacred duties merely in order to acquire these worldly objects (as fame, gain, and honour).
  • For when they ought to bring rewards, (duties thus fulfilled) become fruitless.
  • (Worldly benefits) are produced as accessories (to the fulfilment of the law), just as in the case of a mango tree, which is planted in order to obtain fruit, shade and fragrance (are accessory advantages).
  • But if (worldly advantages) are not produced, (then at least) the sacred duties have been fulfilled.
  • Let him not become irritated at, nor be deceived by the speeches of hypocrites, of rogues, of infidels, and of fools.
  • For Virtue and Sin do not go about and say, ‘Here we are;’ nor do gods, Gandharvas, or Manes say (to men), ‘This is virtue, that is sin.’
  • But that is virtue, the practice of which wise men of the three twice-born castes praise; what they blame, is sin.
  • He shall regulate his course of action according to the conduct which in all countries is unanimously approved by men of the three twice-born castes, who have been properly obedient (to their teachers), who are aged, of subdued senses, neither given to avarice, nor hypocrites.
  • Acting thus he will gain both worlds.
  • Trade is not lawful for a Brahmana.
  • In times of distress he may trade in lawful merchandise, avoiding the following (kinds), that are forbidden:
  • (Particularly) men, condiments and liquids, colours, perfumes, food, skins, heifers, substances used for glueing (such as lac), water, young cornstalks, substances from which spirituous liquor may be extracted, red and black pepper, corn, flesh, arms, and the hope of rewards for meritorious deeds.
  • Among (the various kinds of) grain he shall especially not sell sesamum or rice (except he have grown them himself).
  • The exchange of the one of these (abovementioned goods) for the other is likewise unlawful.
  • But food (may be exchanged) for food, and slaves for slaves, and condiments for condiments, and perfumes for perfumes, and learning for learning.
  • Let him traffic with lawful merchandise which he has not bought,
PRASNA I, PATALA 7, KHANDA 21.
  • With Munga-grass, Balbaga-grass (and articles made of them), roots, and fruits,
  • And with (other kinds of) grass and wood which have not been worked up (into objects of use).
  • He shall not be too eager (after such a livelihood).
  • If he obtains (another lawful) livelihood, he shall leave off (trading).  
  • Intercourse with fallen men is not ordained,
  • Nor with Apapatras.
  • Now (follows the enumeration of) the actions which cause loss of caste (Pataniya).
  • (These are) stealing (gold), crimes whereby one becomes an Abhisasta, homicide, neglect of the Vedas, causing abortion, incestuous connection with relations born from the same womb as one’s mother or father, and with the offspring of such persons, drinking spirituous liquor, and intercourse with persons the intercourse with whom is forbidden.
  • That man falls who has connection with a female friend of a female Guru, or with a female friend of a male Guru, or with any married woman.
  • Some (teachers declare), that he does not fall by having connection with any other married female except his teacher’s wife.
  • Constant commission of (other) sins (besides those enumerated above) also causes a man to lose his caste.
  • Now follows (the enumeration of) the acts which make men impure (Asukikara).
  • (These are) the cohabitation of Aryan women with Sudras,
  • Eating the flesh of forbidden (creatures),
  • As of a dog, a man, village cocks or pigs, carnivorous animals,
  • Eating the excrements of men,
  • Eating what is left by a Sudra, the cohabitation of Aryans with Apapatra women.
  • Some declare, that these acts also cause a man to lose his caste.
  • Other acts besides those (enumerated) are causes of impurity.
  • He who learns (that a man has) committed a sin, shall not be the first to make it known to others; but he shall avoid the (sinner), when performing religious ceremonies.
PRASNA I, PATALA 8, KHANDA 22.
  • He shall employ the means which tend to the acquisition of (the knowledge of) the Atman, which are attended by the consequent (destruction of the passions, and) which prevent the wandering (of the mind from its object, and fix it on the contemplation of the Atman).
  • There is no higher (object) than the attainment of (the knowledge of the) Atman.
  • We shall quote the verses (from the Veda) which refer to the attainment of (the knowledge of) the Atman.
  • All living creatures are the dwelling of him who lies enveloped in matter, who is immortal and who is spotless. Those become immortal who worship him who is immovable and lives in a movable dwelling.
  • Despising all that which in this world is called an object (of the senses) a wise man shall strive after the (knowledge of the) Atman.
  • O pupil, I, who had not recognised in my own self the great self-luminous, universal, (absolutely) free Atman, which must be obtained without the mediation of anything else, desired (to find) it in others (the senses). (But now as I have obtained the pure knowledge, I do so no more.) Therefore follow thou also this good road that leads to welfare (salvation), and not the one that leads into misfortune (new births).
  • It is he who is the eternal part in all creatures, whose essence is wisdom, who is immortal, unchangeable, destitute of limbs, of voice, of the (subtle) body, (even) of touch, exceedingly pure; he is the universe, he is the highest goal; (he dwells in the middle of the body as) the Vishuvat day is (the middle of a Sattra-sacrifice); he, indeed, is (accessible to all) like a town intersected by many streets.
  • He who meditates on him, and everywhere and always lives according to his (commandments), and who, full of devotion, sees him who is difficult to be seen and subtle, will rejoice in (his) heaven.
PRASNA I, PATALA 8, KHANDA 23.
  • That Brahmana, who is wise and recognises all creatures to be in the Atman, who pondering (thereon) does not become bewildered, and who recognises the Atman in every (created) thing, shines, indeed, in heaven.
  • He, who is intelligence itself and subtler than the thread of the lotus-fibre, pervades the universe, and who, unchangeable and larger than the earth, contains the universe; he, who is different from the knowledge of this world, obtained by the senses and identical with its objects, possesses the highest (form consisting of absolute knowledge). From him, who divides himself, spring all (created) bodies. He is the primary cause, he is eternal, he is unchangeable.
  • But the eradication of the faults is brought about in this life by the means (called Yoga). A wise man who has eradicated the (faults) which destroy the creatures, obtains salvation.
  • Now we will enumerate the faults which tend to destroy the creatures.
  • (These are) anger, exultation, grumbling, covetousness, perplexity, doing injury, hypocrisy, lying, gluttony, calumny, envy, lust, secret hatred, neglect to keep the senses in subjection, neglect to concentrate the mind. The eradication of these (faults) takes place through the means of (salvation called) Yoga.
  • Freedom from anger, from exultation, from grumbling, from covetousness, from perplexity, from hypocrisy (and) hurtfulness; truthfulness, moderation in eating, silencing a slander, freedom from envy, self-denying liberality, avoiding to accept gifts, uprightness, affability, extinction of the passions, subjection of the senses, peace with all created beings, concentration (of the mind on the contemplation of the Atman), regulation of one’s conduct according to that of the Aryas, peacefulness and contentedness;—these (good qualities) have been settled by the agreement (of the wise) for all (the four) orders; he who, according to the precepts of the sacred law, practises these, enters the universal soul.
PRASNA I, PATALA 9, KHANDA 24.
  • He who has killed a Kshatriya shall give a thousand cows (to Brahmanas) for the expiation of his sin.
  • (He shall give) a hundred cows for a Vaisya,
  • Ten for a Sudra,
  • And in every one (of these cases) one bull (must be given) in excess (of the number of cows) for the sake of expiation.
  • And if women of the (three castes mentioned have been slain) the same (composition must be paid).
  • He who has slain a man belonging to the two (first-mentioned castes) who has studied the Veda, or had been initiated for the performance of a Soma-sacrifice, becomes an Abhisasta.
  • And (he is called an Abhisasta) who has slain a man belonging merely to the Brahmana caste (though he has not studied the Veda or been initiated for a Soma-sacrifice),
  • Likewise he who has destroyed an embryo of a (Brahmana, even though its sex be) undistinguishable,
  • Or a woman (of the Brahmana caste) during her courses.
  • (Now follows) the penance for him (who is an Abhisasta).
  • He (himself) shall erect a hut in the forest, restrain his speech, carry (on his stick) the skull (of the person slain) like a flag, and cover the space from his navel to his knees with a quarter of a piece of hempen cloth.
  • The path for him when he goes to a village, is the space between the tracks (of the wheels).
  • And if he sees another (Arya), he shall step out of the road (to the distance of two yards).
  • He shall go to the village, carrying a broken tray of metal of an inferior quality.
  • He may go to seven houses only, (crying,) ‘Who will give alms to an Abhisasta?’
  • That is (the way in which he must gain) his livelihood.
  • If he does not obtain anything (at the seven houses), he must fast.
  • And (whilst performing this penance) he must tend cows.
  • When they leave and enter the village, that is the second occasion (on which he may enter) the village.
  • After having performed (this penance) for twelve years, he must perform) the ceremony known (by custom), through which he is re-admitted into the society of the good.
  • Or (after having performed the twelve years’ penance), he may build a hut on the path of robbers, and live there, trying to take from them the cows of Brahmanas. He is free (from his sin), when thrice he has been defeated by them, or when he has vanquished them.
  • Or he is freed (from his sin), if (after the twelve years’ penance) he bathes (with the priests) at the end of a horse-sacrifice.
  • This very same (penance is ordained) for him who, when his duty and love of gain come into conflict, chooses the gain.
  • If he has slain a Guru or a Brahmana, who has studied the Veda and finished the ceremonies of a Soma-sacrifice, he shall live according to this very same rule until his last breath.
  • He cannot be purified in this life. But his sin is removed (after death).
PRASNA I, PATALA 9, KHANDA 25.
  • He who has had connection with a Guru’s wife shall cut off his organ together with the testicles, take them into his joined hands and walk towards the south without stopping, until he falls down dead.
  • Or he may die embracing a heated metal image of a woman.
  • A drinker of spirituous liquor shall drink exceedingly hot liquor so that he dies.
  • A thief shall go to the king with flying hair, carrying a club on his shoulder, and tell him his deed. He (the king) shall give him a blow with that (club). If the thief dies, his sin is expiated.
  • If he is forgiven (by the king), the guilt falls upon him who forgives him,
  • Or he may throw himself into the fire, or perform repeatedly severe austerities,
  • Or he may kill himself by diminishing daily his portion of food,
  • Or he may perform Krikkhra penances (uninterruptedly) for one year.
  • Now they quote also (the following verse):
  • Those who have committed a theft (of gold), drunk spirituous liquor, or had connection with a Guru’s wife, but not those who have slain a Brahmana, shall eat every fourth meal-time a little food, bathe at the times of the three libations (morning, noon, and evening), passing the day standing and the night sitting. After the lapse of three years they throw off their guilt.
  • (A man of any caste) excepting the first, who has slain a man of the first caste, shall go on a battlefield and place himself (between the two hostile armies). There they shall kill him (and thereby he becomes pure).
  • Or such a sinner may tear from his body and make the priest offer as a burnt-offering his hair, skin, flesh, and the rest, and then throw himself into the fire.
  • If a crow, a chameleon, a peacock, a Brahmani duck, a swan, the vulture called Bhasa, a frog, an ichneumon, a musk-rat, or a dog has been killed, then the same penance as for a Sudra must be performed
PRASNA I, PATALA 9, KHANDA 26.
  • (The same penance must be performed), if a milch-cow or a full-grown ox (has been slain), without a reason.
  • And for other animals (which have no bones), if an ox-load of them has been killed.
  • He who abuses a person who (on account of his venerability) ought not to be abused, or speaks an untruth (regarding any small matter) must abstain for three days from milk, pungent condiments, and salt.
  • (If the same sins have been committed) by a Sudra, he must fast for seven days.
  • And the same (penances must also be performed) by women, (but not those which follow).
  • He who cuts off a limb of a person for whose murder he would become an Abhisasta (must perform the penance prescribed for killing a Sudra), if the life (of the person injured) has not been endangered.
  • He who has been guilty of conduct unworthy of an Aryan, of calumniating others, of actions contrary to the rule of conduct, of eating or drinking things forbidden, of connection with a woman of the Sudra caste, of an unnatural crime, of performing; magic rites with intent (to harm his enemies) or (of hurting others) unintentionally, shall bathe and sprinkle himself with water, reciting the (seven) verses addressed to the Waters, or the verses addressed to Varuna, or (other verses chosen from the Anuvaka, called) Pavitra, in proportion to the frequency with which the crime has been committed.
  • A (student) who has broken the vow of chastity, shall offer to Nirriti an ass, according to the manner of the Pakayagna-rites.
  • A Sudra shall eat (the remainder) of that (offering).
  • (Now follows) the penance for him who transgresses the rules of studentship.
  • He shall for a year serve his teacher silently, emitting speech only during the daily study (of the Veda, in announcing necessary business to) his teacher or his teacher’s wife, and whilst collecting alms.
  • The following penances) which we are going to proclaim, may be performed for the same sin, and also for other sinful acts, which do not cause loss of caste.
  • He may either offer oblations to Kama and Manyu (with the following two Mantras), ‘Kama (passion) has done it; Manyu (anger) has done it.’ Or he may mutter (these Mantras).
  • Or, after having eaten sesamum or fasted on the days of the full and new moon he may, on the following day bathe, and stopping his breath, repeat the Gayatri one thousand times, or he may do so without stopping his breath.
PRASNA I, PATALA 9, KHANDA 27.
  • After having eaten sesamum or having fasted on the full moon day of the month Sravana July-August), he may on the following day bathe in the water of a great river and offer (a burnt-oblation of) one thousand pieces of sacred fuel, whilst reciting the Gayatri, or he may mutter (the Gayatri) as many times.
  • Or he may perform Ishtis and Soma-sacrifices for the sake of purifying himself (from his sins),
  • After having eaten forbidden food, he must fast, until his entrails are empty.
  • That is (generally) attained after seven days.
  • Or he may during winter and during the dewy season (November-March) bathe in cold water both morning and evening.
  • Or he may perform a Krikkhra penance, which lasts twelve days.
  • The rule for the Krikkhra penance of twelve days (is the following): For three days he must not eat in the evening, and then for three days not in the morning; for three days he must live on food which has been given unasked, and three days he must not eat anything.
  • If he repeats this for a year, that is called a Krikkhra penance, which lasts for a year.
  • Now follows another penance. He who has committed even a great many sins which do not cause him to fall, becomes free from guilt, if, fasting, he recites the entire Sakha of his Veda three times consecutively.
  • He who cohabits with a non-Aryan woman, he who lends money at interest, he who drinks (other) spirituous liquors (than Sura), he who praises everybody in a manner unworthy of a Brahmana, shall sit on grass, allowing his back to be scorched (by the sun).
  • A Brahmana removes the sin which he committed by serving one day and night (a man of) the black race, if he bathes for three years, eating at every fourth meal-time.
PRASNA I, PATALA 10, KHANDA 28.
  • He who, under any conditions whatsoever, covets (and takes) another man’s possessions is a thief; thus (teach) Kautsa and Harita as well as Kanva and Pushkarasadi.
  • Varshyayani declares, that there are exceptions to this law, in regard to some possessions.
  • (E.g.) seeds ripening in the pod, food for a draught-ox; (if these are taken), the owners (ought) not (to) forbid it.
  • To take even these things in too great a quantity is sinful.
  • Harita declares, that in every case the permission (of the owner must be obtained) first.
  • He shall not go to visit a fallen teacher or blood relation.
  • Nor shall he accept the (means for procuring) enjoyments from such a person.
  • If he meets them accidentally he shall silently embrace (their feet) and pass on.
  • A mother does very many acts for her son, therefore he must constantly serve her, though she be fallen.
  • But (there shall be) no communion (with a fallen mother) in acts performed for the acquisition of spiritual merit.
  • Enjoyments taken unrighteously he shall give up; he shall say, ‘I and sin (do not dwell together).’ Clothing himself with a garment reaching from the navel down to the knee, bathing daily, morn, noon, and evening, eating food which contains neither milk nor pungent condiments, nor salt, he shall not enter a house for twelve years.
  • After that he (may be) purified.
  • Then he may have intercourse with Aryans.
  • This penance may also be employed in the case of the other crimes which cause loss of caste (for which no penance has been ordained above).
  • But the violator of a Guru’s bed shall enter a hollow iron image and, having caused a fire to be lit on both sides, he shall burn himself.
  • According to Harita, this (last-mentioned penance must) not (be performed).
  • For he who takes his own or another’s life becomes an Abhisasta.
  • He (the violator of a Guru’s bed) shall perform to his last breath (the penance) prescribed by that rule (Sutra 11). He cannot be purified in this world. But (after death) his sin is taken away.
  • He who has unjustly forsaken his wife shall put on an ass’s skin, with the hair turned outside, and beg in seven houses, saying, ‘Give alms to him who forsook his wife.’ That shall be his livelihood for six months.
  • But if a wife forsakes her husband, she shall perform the twelve-night Krikkhra penance for as long a time.
  • He who has killed a Bhruna (a man learned in the Vedas and Vedaegas and skilled in the performance of the rites) shall put on the skin of a dog or of an ass, with the hair turned outside, and take a human skull for his drinking-vessel.
PRASNA I, PATALA 10, KHANDA 29.
  • And he shall take the foot of a bed instead of a staff and, proclaiming the name of his deed, he shall go about (saying), ‘Who (gives) alms to the murderer of a Bhruna?’ Obtaining thus his livelihood in the village, he shall dwell in an empty house or under a tree, (knowing that) he is not allowed to have intercourse with Aryans. According to this rule he shall act until his last breath. He cannot be purified in this world. But (after death) his sin is taken away.
  • He even who slays unintentionally, reaps nevertheless the result of his sin.
  • (His guilt is) greater, (if he slays) intentionally.
  • The same (principle applies) also to other sinful actions,
  • And also to good works.
  • A Brahmana shall not take a weapon into his hand, though he be only desirous of examining it.
  • In a Purana (it has been declared), that he who slays an assailant does not sin, for (in that case) wrath meets wrath.
  • But Abhisastas shall live together in dwellings (outside the village); considering this their lawful (mode of life), they shall sacrifice for each other, teach each other, and marry amongst each other.
  • If they have begot sons, let them, say to them: ‘Go out from amongst us, for thus the Aryas, (throwing the guilt) upon us, will receive you (amongst their number).’
  • For the organs do not become impure together with the man.
  • (The truth of) that may be learned from this (parallel case); a man deficient in limbs begets a son who possesses the full number of limbs.
  • Harita declares that this is wrong.
  • A wife is similar to the vessel which contains the curds (for the sacrifice).
  • For if one makes impure milk curdle (by mixing it with whey and water) in a milk-vessel and stirs it, no sacrificial rite can be performed with (the curds produced from) that. Just so no intercourse can be allowed with the impure seed which comes (from an Abhisasta).
  • Sorcery and curses (employed against a Brahmana) cause a man to become impure, but not loss of caste.
  • Harita declares that they cause loss of caste.
  • But crimes causing impurity must be expiated, (when no particular penance is prescribed,) by performing the penance enjoined for crimes causing loss of caste during twelve months, or twelve half months, or twelve twelve-nights, or twelve se’n nights, or twelve times three days, or twelve days, or seven days, or three days, or one day.
  • Thus acts causing impurity must be expiated according to the manner in which the (sinful) act has been committed (whether intentionally or unintentionally).
PRASNA I, PATALA 11, KHANDA 30.
  • Some declare, that a student shall bathe after (having acquired) the knowledge of the Veda, (however long or short the time of his studentship may have been).
  • (He may) also (bathe) after having kept the student’s vow for forty-eight, (thirty-six or twenty-four) years, (though he may not have mastered the Veda).
  • Some declare, that the student (shall bathe) after (having acquired) the knowledge of the Veda and after (the expiration of) his vow.
  • To all those persons who have bathed (In accordance with any of the above rules must be shown) the honour clue to a Snataka.
  • The reverence (shown to a Snataka) brings, however, different rewards according to the degree of devotion or of learning (possessed by the person honoured).
  • Now follow the observances (chiefly to be kept) by a Snataka.
  • He shall usually enter the village and leave it by the eastern or the northern gate.
  • During the morning and evening twilights, he shall sit outside the village, and not speak anything (referring to worldly matters).
  • (But an Agnihotri, who is occupied at home by oblations in the morning and evening, must not go out; for) in the case of a conflict (of duties), that enjoined by the Veda is the more important.
  • He shall avoid all dyed dresses,
  • And all naturally black cloth.
  • He shall wear a dress that is neither shining,
  • Nor despicable, if he is able (to afford it).
  • And in the daytime he shall avoid to wrap up his head, except when voiding excrements.
  • But when voiding excrements, he shall envelop his head and place some (grass or the like) on the ground.
  • He shall not void excrements in the shade (of a tree, where travellers rest).
  • But he may discharge urine on his own shadow.
  • He shall not void excrements with his shoes on, nor on a ploughed field, nor on a path, nor in water.
  • He shall also avoid to spit into, or to have connection with a woman in water.
  • He shall not void excrements facing the fire, the sun, water, a Brahmana, cows, or (images of) the gods.
  • He shall avoid to clean his body from excrements with a stone, a clod of earth, or with (boughs of) herbs or trees which he has broken off, whilst they were on the tree and full of sap.
  • If possible, he shall not stretch out his feet towards a fire, water, a Brahmana, a cow, (iniages of) the gods, a door, or against the wind.
  • Now they quote also (the following verse):
PRASNA I, PATALA 11, KHANDA 31.
  • He shall eat facing the east, void faces facing, the south, discharge urine facing the north, and wash his feet turned towards the west.
  • He shall void excrements far from his house, having gone towards the south or southwest.
  • But after sunset he must not void excrements outside the village or far from his house.
  • And as long as he is impure he (shall avoid) to pronounce the names of the gods.
  • And he shall not speak evil of the gods or of the king.
  • He shall not touch with his foot a Brahmana, a cow, nor any other (venerable beings).
  • (Nor shall he touch them) with his hand, except for particular reasons.
  • He shall not mention the blemishes of a cow, of sacrificial presents, or of a girl.
  • And he shall not announce it (to the owner) if a cow does damage (by eating corn or grass in a field).
  • (Nor shall he call attention to it) if a cow is together with her calf, except for a particular reason.
  • And of a cow which is not a milch-cow he shall not say, ‘She is not a milch-cow.’ He must say, ‘This is a cow which will become a milch-cow.’
  • He shall not call ‘lucky’ that which is lucky. He shall call it ‘a mercy, a blessing.’
  • He shall not step over a rope to which a calf (or cow) is tied.
  • He shall not pass between the posts from which a swing is suspended.
  • (In company) he shall not say, ‘This person is my enemy.’ If he says, ‘This person is my enemy,’ he will raise for himself an enemy, who will show his hatred.
  • If he sees a rainbow, he must not say to others, ‘Here is Indra’s bow.’
  • He shall not count (a flock of) birds.
  • He shall avoid to look at the sun when he rises or sets.
  • During the day the sun protects the creatures, during the night the moon. Therefore let him eagerly strive to protect himself on the night of the new moon by purity, continence, and rites adapted for the season.
  • For during that night the sun and the moon dwell together.
  • He shall not enter the village by a by path. If he enters it thus, he shall mutter this Rik-verse, ‘Praise be to Rudra, the lord of the dwelling,’ or some other (verse) addressed to Rudra.
  • He shall not (ordinarily) give the residue of his food to a person who is not a Brahmana. When he gives it (to such a one), he shall clean his teeth and give (the food) after having placed in it (the dirt from his teeth).
  • And let him avoid the faults that destroy the creatures, such as anger and the like.
PRASNA I, PATALA 11, KHANDA 32.
  • Let him who teaches, avoid connubial intercourse during the rainy season and in autumn.
  • And if he has had connection (with his wife), he shall not lie with her during the whole night
  • He shall not teach whilst he is lying on a bed.
  • Nor shall he teach (sitting) on that couch on which he lies (at night with his wife).
  • He shall not show himself adorned with a garland, or anointed with ointments.
  • At night he shall always adorn himself for his wife.
  • Let him not submerge his head together with his body (in bathing),
  • And (let him avoid) to bathe after sunset.
  • Let him avoid to use a seat, clogs, sticks for cleaning the teeth, (and other utensils) made of Palasa-wood.
  • Let him avoid to praise (himself) before his teacher, saying, ‘I have properly bathed or the like.’
  • Let him be awake from midnight.
  • Let him not study (or teach) in the middle of the night; but (he may point out) their duties to his pupils.
  • Or (he may) by himself mentally (repeat the sacred texts).
  • After midnight he may teach.
  • When he has risen (at midnight, and taught) during the third watch of the night, let him not lie down again (saying), ‘Studying is forbidden.’
  • At his pleasure he may (sleep) leaning (against a post or the like).
  • Or he may mentally repeat (the sacred texts).
  • Let him not visit inferior men (such as Nishadas), nor countries which are inhabited by them,
  • Nor assemblies and crowds.
  • If he has entered a crowd, he shall leave it, turning his right hand towards the crowd.
  • Nor shall he enter towns frequently.
  • Let him not answer directly a question (that is difficult to decide).
  • Now they quote also (the following verse):
  • (The foolish decision) of a person who decides wrongly destroys his ancestors and his future happiness, it harms his children, cattle, and house. ‘Oh Dharmaprahrada, (this deed belongs) not to Kumalana!’ thus decided Death, weeping, the question (addressed to him by the Rishi).
  • Let him not ascend a carriage yoked with asses; and let him avoid to ascend or to descend from vehicles in difficult places.
  • And (let him avoid) to cross a river swimming.
  • And (let him avoid) ships of doubtful (solidity).
  • He shall avoid cutting grass, crushing clods of earth, and spitting, without a particular reason,
  • And whatever else they forbid.
PRASNA II, PATALA 1, KHANDA 1.
  • After marriage the rites prescribed for a householder and his wife (must be performed).
  • He shall eat at the two (appointed) times, (morning and evening)
  • And he shall not eat to repletion.
  • And both (the householder and his wife) shall fast on (the days of) the new, and full moon,
  • To eat once (on those days in the morning) that also is called fasting.
  • And they may eat (at that meal) until they are quite satisfied.
  • And on (the anniversary of) that (wedding)-day they may eat that food of which they are fond.
  • And (on the night of that day) they shall sleep on the ground (on a raised heap of earth).
  • And they shall avoid connubial intercourse.
  • And on the day after (that day) a Sthalipaka must be offered.
  • The manner in which that offering must be performed has been declared by (the description of the Sthalipaka) to be performed on the days of the new and full moon (the Parvana).
  • And they declare (that this rite which is known) amongst the people (must be performed) every (year).
  • At every (burnt-offering), when he wishes to place the fire on the altar (called Sthandila), let him draw on that (altar) three lines from west to east and three lines from south to north, and sprinkle (the altar) with water, turning the palm of the hand downwards, and let him then make the fire burn brightly by adding (fuel).
  • He shall pour out (the remainder of) this water used for sprinkling, to the north or to the east (of the altar), and take other (water into the vessel).
  • The water-vessels in the house shall never be empty; that is the duty to be observed by the householder and his wife.
  • Let him not have connubial intercourse (with his wife) in the daytime.
  • But let him have connection with his wife at the proper time, according to the rules (of the law).
  • Let him have connubial intercourse in the interval also, if his wife (desires it, observing the restrictions imposed by the law).
  • (The duty of) connubial intercourse (follows from) the passage of a Brahmana, (‘Let us dwell together until a son be born.’)
  • But during intercourse he shall be dressed in a particular dress kept for this purpose.
  • And during intercourse only they shall lie together,
  • Afterwards separate.
  • Then they both shall bathe;
PRASNA II, PATALA 1, KHANDA 2.
  • Or they shall remove the stains with earth or water, sip water, and sprinkle the body with water.
  • Men of all castes, if they fulfil their (assigned) duties, enjoy (in heaven) the highest, imperishable bliss.
  • Afterwards when (a man who has fulfilled his duties) returns to this world, he obtains, by virtue of p. 103 a remainder of merit, birth in a distinguished family, beauty of form, beauty of complexion, strength, aptitude for learning, wisdom, wealth, and the gift of fulfilling the laws of his (caste and order). Therefore in both worlds he dwells in happiness, (rolling) like a wheel (from the one to the other).
  • As the seed of herbs (and) trees, (sown) in good and well-cultivated soil, gives manifold returns of fruit (even so it is with men who have received the various sacraments).
  • The increase of the results of sins has been explained hereby.
  • Thus after having undergone a long punishment in the next world, a person who has stolen (the gold of a Brahmana) or killed a (Brahmana) is born again, in case he was a Brahmana as a Kandala, in case he was a Kshatriya as a Paulkasa, in case he was a Vaisya as a Vaina.
  • In the same manner other (sinners) who have become outcasts in consequence of their sinful actions are born again, on account of (these) sins, losing their caste, in the wombs (of various animals).
  • As it is sinful to touch a Kandala, (so it is also sinful) to speak to him or to look at him. The penance for these (offences will be declared).
  • (The penance) for touching him is to bathe, submerging the whole body; for speaking to him to speak to a Brahmana; for looking at him to look at the lights (of heaven).
PRASNA II, PATALA 2, KHANDA 3.
  • Pure men of the first three castes shall prepare the food (of a householder which is used) at the Vaisvadeva ceremony.
  • The (cook) shall not speak, nor cough, nor sneeze, while his face is turned towards the food.
  • He shall purify himself by touching water if he has touched his hair, his limbs, or his garment.
  • Or Sudras may prepare the food, under the superintendence of men of the first three castes.
  • For them is prescribed the same rule of sipping water (as for their masters).
  • Besides, the (Sudra cooks) daily shall cause to be cut the hair of their heads, their beards, the hair on their bodies, and their nails.
  • And they shall bathe, keeping their clothes on.
  • Or they may trim (their hair and nails) on the eighth day (of each half-month), or on the days of the full and new moon.
  • He (the householder himself) shall place on the fire that food which has been prepared (by Sudras) without supervision, and shall sprinkle it with water. Such food also they state to be fit for the gods.
  • When the food is ready, (the cook) shall place himself before his master and announce it to him (saying), ‘It is ready.’
  • The answer (of the master) shall be, ‘That well-prepared food is the means to obtain splendour; may it never fail!’
  • The burnt-oblations and Bali-offerings made with the food which the husband and his wife are to eat, bring (as their reward) prosperity, (and the enjoyment of) heaven.
  • Whilst learning the sacred formulas (to be recited during the performance) of those (burnt oblations and Bali-offerings, a householder) shall sleep on the ground, abstain from connubial intercourse and from eating pungent condiments and salt, during twelve days.
  • (When he studies the Mantras) for the last (Bali offered to the goblins), he shall fast for one (day and) night.
  • For each Bali-offering the ground must be prepared separately. (The performer) sweeps (the ground) with his (right) hand, sprinkles it with water, turning, the palm downwards, throws down (the offering), and afterwards sprinkles water around it.
  • (At the Vaisvadeva sacrifice) he shall offer the oblations with his hand, (throwing them) into the kitchen-fire or into the sacred (Grihya)-fire, and reciting (each time one of) the first six Mantras (prescribed in the Narayani Upanishad).
  • He shall sprinkle water all around both times (before and after the oblations), as (has been declared) above.
  • In like manner water is sprinkled around once only after the performance of those Bali-offerings that are performed in one place.
  • (If a seasoning) has been prepared, (the Bali-offering should consist of rice) mixed with that seasoning.
  • With the seventh and eighth Mantras (Balis must be offered to Dharma and Adharma) behind the fire, and must be placed the one to the north of the other.
  • With the ninth (Mantra a Bali offered to the waters must be placed) near the water-vessel (in which the water for domestic purposes is kept).
  • With the tenth and eleventh (Mantras, Balis, offered to the herbs and trees and to Rakshodevagana, must be placed) in the centre of the house, and the one to the east of the other.
  • With the following four (Mantras, Balis must be placed) in the northeastern part of the house (and the one to the east of the other).
PRASNA II, PATALA 2, KHANDA 4.
  • Near the bed (a Bali must be offered) with (a Mantra) addressed to Kama (Cupid).
  • On the door-sill (a Bali must be placed) with (a Mantra) addressed to Antariksha (the air).
  • With (the Mantra) that follows (in the Upanishad, he offers a Bali) near the door.
  • With the following (ten Mantras, addressed to Earth, Air, Heaven, Sun, Moon, the Constellations, Indra, Brihaspati, Pragapati, and Brahman, he offers ten Balis, each following one to the east of the preceding one), in (the part of the house called) the seat of Brahma.
  • He shall offer to the south (of the Balis offered before, a Bali) with a Mantra addressed to the Manes; his sacrificial cord shall be suspended over the right shoulder, and the (palm of his right hand shall be turned upwards and) inclined to the right.
  • To the north (of the Bali given to the Manes, a Bali shall be offered) to Rudra, in the same manner as to the (other) gods.
  • The sprinkling with water (which precedes and follows the oblation) of these two (Balis, takes place) separately, on account of the difference of the rule (for each case).
  • At night only he shall offer (the Bali to the Goblins), throwing it in he air and reciting the last (Mantra).
  • He who devoutly offers those (above-described), to the rules, (obtains) Balis and Homas), according eternal bliss in heaven and prosperity.
  • And (after the Balis have been performed, a portion of the food) must first be given as alms.
  • He shall give food to his guests first,
  • And to infants, old or sick people, female (relations, and) pregnant women.
  • The master (of the house) and his wife shall not refuse a man who asks for food at the time (when the Vaisvadeva offering has been performed).
  • If there is no food, earth, water, grass, and a kind word, indeed, never fall in the house of a good man. Thus (say those who know the law).
  • Endless worlds are the portion (of those householders and wives) who act thus.
  • To a Brahmana who has not studied the Veda, a seat, water, and food must be given. But (the giver) shall not rise (to do him honour).
  • But if (such a man) is worthy of a salutation (for other reasons), he shall rise to salute him.
  • Nor (shall a Brahmana rise to receive) a Kshatriya or Vaisya (though they may be learned).
  • If a Sudra comes as a guest (to a Brahmana), he shall give him some work to do. He may feed him, after (that has been performed).
  • Or the slaves (of the Brahmana householder) shall fetch (rice) from the royal stores, and honour the Sudra as a guest.
  • (A householder) must always wear his garment over (his left shoulder and under his right arm).
  • Or he may use a cord only, slung over his left shoulder and passed under his right arm, instead of the garment.
  • He shall sweep together (the crumbs) on the place where he has eaten, and take them away. He shall sprinkle water on that place, turning the palm downwards, and remove the stains (of food from the cooking-vessels with a stick), wash them with water, and take their contents to a clean place to the north (of the house, offering them) to Rudra. In this manner his house will become prosperous.
  • It is declared in the Smritis that a Brahmana alone should be chosen as teacher (or spiritual guide).
  • In times of distress a Brahmana may study under a Kshatriya or Vaisya.
  • And (during his pupilship) he must walk behind (such a teacher).
  • Afterwards the Brahmana shall take precedence before (his Kshatriya or Vaisya teacher).
PRASNA II, PATALA 2, KHANDA 5.
  • On the day on which, beginning the study of the whole sacred science, the Upanishads (and the rest, he performs the Upakarma in the morning) he shall not study (at night).
  • And he shall not leave his teacher at once after having studied (the Veda and having returned home)
  • If he is in a hurry to go, he shall perform the daily recitation of the Veda in the presence of his teacher, and then go at his pleasure. In this manner good fortune will attend both of them.
  • If the (former) teacher visits him after he has returned home, he shall go out to meet him, embrace his (feet), and he shall not wash himself (after that act), showing disgust. He then shall let him pass first into the house, fetch (the materials necessary for a hospitable reception), and honour him according to the rule.
  • If his former teacher is) present, he himself shall use a seat, a bed, food, and garments inferior to, and lower (than those offered to the teacher.
  • Standing (with his body bent), he shall place his left hand (under the water-vessel, and bending with his other hand its mouth downwards), he shall offer to his teacher water for sipping.
  • And (he shall offer water for sipping in this manner) to other guests also who possess all (good qualities) together.
  • He shall imitate (his teacher) in rising, sitting, walking, about, and smiling.
  • In the presence (of his teacher) he shall not void excrements, discharge wind, speak aloud, laugh, spit, clean his teeth, blow his nose, frown, clap his hands, nor snap his fingers.
  • Nor shall he tenderly embrace or address caressing words to his wife or children.
  • He shall not contradict his teacher,
  • Nor any of his betters.
  • (He shall not) blame or revile any creature.
  • (He shall not revile one branch of) sacred learning by (invidiously comparing it with) another.
  • If he is not well versed in a (branch of) sacred learning (which he studied formerly), he shall again go to the (same) teacher and master it, observing the (same) rules as (during his first studentship).
  • The restrictions (to be kept) by the teacher from the beginning of the course of teaching to its end are, to avoid cutting the hair on the body, partaking of meat or of oblations to the Manes, and connection (with a woman).
  • Or (he may have conjugal intercourse) with his wife at the proper season.
  • He shall be attentive in instructing his pupils in the sacred learning, in such a manner that they master it, and in observing the restrictions (imposed upon householders during their teaching. He who acts thus, gains heavenly bliss for himself, his descendants and ancestors.
  • He who entirely avoids with mind, word, nose, eye, and ear the sensual objects (such as are) enjoyed by the touch, the organ, or the stomach, gains immortality.
PRASNA II, PATALA 3, KHANDA 6.
  • If he has any doubts regarding the caste and conduct of a person who has come to him in order to fulfil his duty (of learning the Veda), he shall kindle a fire (with the ceremonies prescribed for kindling the sacrificial fire) and ask him about his caste and conduct.
  • If he declares himself to be (of) good (family and conduct, the teacher elect) shall say, ‘Agni who sees, Vayu who hears, Aditya who brings to light, vouch for his goodness; may it be well with this person! He is free from sin.’ Then he shall begin to teach him.
  • A guest comes to the house resembling a burning fire.
  • He is called a Srotriya who, observing the law (of studentship), has learned one recension of the Veda (which may be current in his family).
  • He is called a guest (who, being a Srotriya), approaches solely for the fulfilment of his religious duties, and with no other object, a householder who lives intent on the fulfilment of his duties.
  • The reward for honouring (such a guest) is immunity from misfortunes, and heavenly bliss.
  • He shall go to meet such (a guest), honour him according to his age (by the formulas of salutation prescribed), and cause a seat to be given to him.
  • Some declare that, if possible, the seat should have many feet.
  • The (householder himself) shall wash the feet of that (guest); according to some, two Sudras shall do it.
  • One of them shall be employed in pouring water (over the guest, the other in washing his feet).
  • Some declare that the water for the (guest) shall be brought in an earthen vessel.
  • But (a guest) who has not yet returned home from his teacher shall not be a cause for fetching water.
  • In case a (student comes, the host) shall repeat the Veda (together with him) for a longer time (than with other guests).
  • He shall converse kindly (with his guest), and gladden him with milk or other (drinks), with eatables, or at least with water.
  • He shall offer to his guest a room, a bed, a mattress, a pillow with a cover, and ointment, and what else (may be necessary).
  • (If the dinner has been finished before the arrival of the guest), he shall call his cook and give him rice or yava for (preparing a fresh meal for) the guest.
  • (If dinner is ready at the arrival of the guest), he himself shall portion out the food and look at it, saying (to himself), ‘Is this (portion) greater, or this?’
  • He shall say, ‘Take out a larger (portion for the guest).’
  • A guest who is at enmity (with his host) shall not eat his food, nor (shall he eat the food of a host) who hates him or accuses him of a crime, or of one who is suspected of a crime.
  • For it is declared in the Veda that he (who eats the food of such a person) eats his guilt.
PRASNA II, PATALA 3, KHANDA 7.
  • This reception of guests is an everlasting (Srauta)-sacrifice offered by the householder to Pragapati.
  • The fire in the stomach of the guest (represents) the Ahavaniya, (the sacred fire) in the house of the host represents the Garhapatya, the fire at which the food for the guest is cooked (represents) the fire used for cooking the sacrificial viands (the Dakshinagni).
  • He who eats before his guest consumes the food, the prosperity, the issue, the cattle, the merit which his family acquired by sacrifices and charitable works.
  • Food (offered to guests) which is mixed with milk procures the reward of an Agnishtoma-sacrifice. Food mixed with clarified butter procures the reward of an Ukthya, food mixed with honey the reward of an Atiratra, food accompanied by meat the reward of a Dvadasaha, (food and) water numerous offspring and long life.
  • It is declared in the Veda, ‘Both welcome and indifferent guests procure heaven (for their host).’
  • When he gives food in the morning, at noon, and in the evening, (these gifts) are the Savanas (of that sacrifice offered to Pragapati).
  • When he rises after his guest has risen (to depart), that act represents the Udavasaniya ishti (of a Vedic sacrifice).
  • When he addresses (the guest) kindly, that kind address (represents) the Dakshina.
  • When he follows (his departing guest, his steps represent) the steps of Vishnu.
  • When he returns (after having accompanied his guest), that (act represents) the Avabhritha, (the final bath performed after the completion of a sacrifice.)
  • Thus (a Brahmana shall treat) a Brahmana, (and a Kshatriya and a Vaisya their caste-fellows.)
  • If a guest comes to a king, he shall make (his Purohita) honour him more than himself.
  • If a guest comes to an Agnihotrin, he himself shall go to meet him and say to him: ‘O faithful fulfiller of thy vows, where didst thou stay (last night)?’ (Then he offers water, saying): ‘O faithful fulfiller of thy vows, here is water.’ (Next he offers milk or the like, saying): ‘O faithful fulfiller of thy vows, may (these fluids) refresh (thee).’
  • (If the guest stays at the time of the Agnihotra, he shall make him sit down to the north of the fire and) murmur in a low voice, before offering the oblations: ‘O faithful fulfiller of thy vows, may it be as thy heart desires;’ ‘O faithful fulfiller of thy vows, may it be as thy will is;’ ‘O faithful fulfiller of thy vows, may it be as thy wish is;’ ‘O faithful fulfiller of thy vows, may it be as thy desire is.’
  • If a guest comes, after the fires have been placed (on the altar), but before the oblations have been offered, (the host) himself shall approach him and say to him: ‘O faithful fulfiller of thy vows give me permission; I wish to sacrifice.’ Then he shall sacrifice, after having received permission. A Brahmana declares that he commits a sin if he sacrifices without permission.
  • He who entertains guests for one night obtains earthly happiness, a second night gains the middle air, a third heavenly bliss, a fourth the world of unsurpassable bliss; many nights procure endless worlds. That has been declared in the Veda.
  • If an unlearned person who pretends to be [paragraph continues] (worthy of the appellation) ‘guest’ comes to him, he shall give him a seat, water, and food, (thinking) ‘I give it to a learned Brahmana.’ Thus (the merit) of his (gift) becomes (as) great (as if a learned Brahmana had received it).
PRASNA II, PATALA 4, KHANDA 8.
  • On the second and following days of the guest’s stay, the host shall not rise or descend (from his couch) in order to salute his (guest), if he has been saluted before (on the first day).
  • He shall eat after his guests.
  • He shall not consume all the flavoured liquids in the house, so as to leave nothing for guests.
  • He shall not cause sweetmeats to be prepared for his own sake.
  • (A guest) who can repeat the (whole) Veda (together with the supplementary books) is worthy to receive a cow and the Madhuparka,
  • (And also) the teacher, an officiating priest, a Snataka, and a just king (though not learned in the Veda).
  • A cow and the Madhuparka (shall be offered) to the teacher, to an officiating priest, to a father-in-law, and to a king, if they come after a year has elapsed (since their former visit).
  • The Madhuparka shall consist of curds mixed with honey, or of milk mixed with honey.
  • On failure (of these substances) water (mixed with honey may be used).
  • The Veda has six Aegas (auxiliary works).
  • (The six auxiliary works are) the Kalpa (teaching the ritual) of the Veda, the treatises on grammar, astronomy, etymology, phonetics, and metrics.
  • (If any one should contend that) the term Veda (on account of its etymology, implying that which teaches duty or whereby one obtains spiritual merit) applies to the complete collection of (works which contain) rules for rites to be performed on the authority of precepts, (that, consequently, the Kalpa-sutras form part of the Veda, and that thereby) the number (fixed above) for those (Aegas) is proved to be wrong,
  • (Then we answer), All those who are learned in Mimamsa are agreed that (the terms Veda, Brahmana, and the like, which are applied to) the principal (works), do not include the Aegas (the Kalpa-sutras and the rest) he remembers at any time during dinner,
  • If he remembers at any time that he has refused a guest, he shall at once leave off eating and fast on that day,
PRASNA II, PATALA 4, KHANDA 9.
  • And on the following day (he shall search for him), feast him to his heart’s content, and accompany him (on his departure).
  • (If the guest) possesses a carriage, (he shall accompany him) as far as that.
  • Any other (guest he must accompany), until permission to return is given.
  • If (the guest) forgets (to give leave to depart), the (host) may return on reaching the boundary of his village.
  • To all (those who come for food) at (the end of) the Vaisvadeva he shall give a portion, even to dogs and Kandalas.
  • Some declare that he shall not give anything to unworthy people (such as Kandalas).
  • A person who has been initiated shall not eat the leavings of women or of an uninitiated person.
  • All gifts are to be preceded by (pouring out) water.
  • (But gifts offered to priests) at sacrifices (are to be given) in the manner prescribed by the Veda.
  • The division of the food must be made in such a manner that those who receive daily portions (slaves) do not suffer by it.
  • At his pleasure, he may stint himself, his wife, or his children, but by no means a slave who does his work.
  • And he must not stint himself so much that he becomes unable to perform his duties.
  • Now they quote also (the following two verses):
  • ‘Eight mouthfuls are the meal of an ascetic, sixteen that of a hermit living in the woods, thirty-two that of a householder, and an unlimited quantity that of a student. An Agnihotrin, a draught-ox, and a student, those three can do their work only if they eat; without eating (much), they cannot do it.’
PRASNA II, PATALA 5, KHANDA 10.
  • The reasons for (which) begging (is permissible are), (the desire to collect the fee for) the teacher, (the celebration of) a wedding, (or of) a Srauta-sacrifice, the desire to keep one’s father and mother, and the (impending) interruption of ceremonies performed by a worthy man.
  • (The person asked for alms) must examine the qualities (of the petitioner) and give according to his power.
  • But if persons ask for alms for the sake of sensual gratification, that is improper; he shall not take heed of that.
  • The lawful occupations of a Bramana are, studying, teaching, sacrificing for himself, officiating as priest for others, giving alms, receiving alms, inheriting, and gleaning corn in the fields;
  • And (he may live by taking) other things which belong to nobody.
  • (The lawful occupations) of a Kshatriya are the same, with the exception of teaching, officiating as priest, and receiving alms. (But) governing and fighting must be added.
  • (The lawful occupations) of a Vaisya are the same as those of a Kshatriya, with the exception of governing and fighting. (But in his case) agriculture, the tending of cattle, and trade must be added.
  • He (shall) not choose (for the performance of a Srauta-sacrifice) a priest who is unlearned in the Veda, nor one who haggles (about his fee).
  • (A priest) shall not officiate for a person unlearned in the Veda.
  • In war (Kshatriyas) shall act in such a manner as those order, who are learned in that (art of war).
  • The Aryas forbid the slaughter of those who have laid down their arms, of those who (beg for mercy) with flying hair or joined hands, and of fugitives.
  • The spiritual guide shall order those who, (whilst) participating according to sacred law (in the rights of their caste), have gone astray through the weakness of their senses, to perform penances proportionate to (the greatness of) their sins, according to the precepts (of the Smriti).
  • If (such persons) transgress their (Akarya’s) order, he shall take them before the king.
  • The king shall (send them) to his domestic priest, who should be learned in the law and the science of governing.
  • He shall order (them to perform the proper penances if they are) Brahmanas.
  • He shall reduce them (to reason) by forcible means, excepting corporal punishment and servitude.
PRASNA II, PATALA 5, KHANDA 11.
  • In the cases of (men of) other castes, the king, after having examined their actions, may punish them even by death.
  • And the king shall not punish on suspicion.
  • But having carefully investigated (the case) by means of questions (addressed to witnesses) and even of ordeals, the king may proceed to punish.
  • A king who acts thus, gains both (this and the next) world.
  • The road belongs to the king except if he meets a Brahmana.
  • But if he meets a Brahmana, the road belongs to the latter.
  • All must make way for a (laden) vehicle, for a person who carries a burden, for a sick man, for a woman and others (such as old men and infants).
  • And (way must be made), by the other castes, for those men who are superior by caste.
  • For their own welfare all men must make way for fools, outcasts, drunkards, and madmen.
  • In successive births men of the lower castes are born in the next higher one, if they have fulfilled their duties.
  • In successive births men of the higher castes are born in the next lower one, if they neglect their duties.
  • If he has a wife who (is willing and able) to perform (her share of) the religious duties and who bears sons, he shall not take a second.
  • If a wife is deficient in one of these two (qualities), he shall take another, (but) before he kindles the fires (of the Agnihotra).
  • For a wife who assists at the kindling of the fires, becomes connected with those religious rites of which that (fire-kindling) forms a part.
  • He shall not give his daughter to a man belonging to the same family (Gotra),
  • Nor to one related (within six degrees) on the mother’s or (the father’s) side.
  • At the wedding called Brahma, he shall give away (his daughter) for bearing children and performing the rites that must be performed together (by a husband and his wife), after having enquired regarding (the bridegroom’s) family, character, learning, and health, and after having given (to the bride) ornaments according to his power.
  • At the wedding called Arsha, the bridegroom shall present to the father of the bride a bull and a cow.
  • At the wedding called Daiva, (the father) shall give her to an officiating priest, who is performing a Srauta-sacrifice.
  • If a maiden and a lover unite themselves through love, that is called the Gandharva-rite.
PRASNA II, PATALA 5, KHANDA 12.
  • If the suitor pays money (for his bride) according to his ability, and marries her (afterwards), that (marriage is called) the Asura-rite.
  • If the (bridegroom and his friends) take away (the bride), after having overcome (by force) her father (or relations), that is called the Rakshasa-rite.
  • The first three amongst these (marriage-rites are considered) praiseworthy; each preceding one better than the one following.
  • The quality of the offspring is according to the quality of the marriage-rite.
  • He shall not step on a spot which has been touched by the hand of a Brahmana, without having sprinkled it with water.
  • He shall not pass between a fire and a Brahmana,
  • Nor between Brahmanas.
  • Or he may pass between them after having received permission to do so.
  • He shall not carry fire and water at the same time.
  • He shall not carry fires (burning in) separate (places) to one (spot).
  • If, whilst he walks, fire is being carried towards him, he shall not walk around it with his right hand turned towards it, except after it has been placed on the ground.
  • He shall not join his hands on his back.
  • If the sun sets whilst he sleeps, he shall sit up, fasting and silent, for that night. On the following morning he shall bathe and then raise his voice (in prayer).
  • If the sun rises whilst he is asleep, he shall stand during that day fasting and silent.
  • Some declare that he shall restrain his breath until he is tired.
  • And (he shall restrain his breath until he is tired) if he has had a bad dream,
  • Or if he desires to accomplish some object,
  • Or if he has transgressed some other rule.
  • (If he is) doubtful (whether) the result (of an action will be good or evil), he shall not do it.
  • (He shall follow) the same principle (if he is in doubt whether he ought) to study or not.
  • He shall not talk of a doubtful matter as if it were clear.
  • In the case of a person who slept at sunset, of one who slept at sunrise, of one who has black nails, or black teeth, of one who married a younger sister before the elder one was married, of one who married an elder sister whose younger sister had been married already, (of a younger brother who has kindled the sacred Grihya-fire before his elder brother,) of one whose younger brother has kindled the sacred fire first, (of a younger brother who offers a Soma-sacrifice before his elder brother,) of an elder brother whose younger brother offered a Soma-sacrifice first, of an elder brother who marries or receives his portion of the inheritance after his younger brother, and of a younger brother who takes a wife or receives his portion of the inheritance before his elder brother,—penances ordained for crimes causing impurity, a heavier one for each succeeding case, must be performed.
  • Some declare, that after having performed that penance, he shall remove its cause.
PRASNA II, PATALA 6, KHANDA 13.
  • Sons begotten by a man who approaches in the proper season a woman of equal caste, who has not belonged to another man, and who has been married legally, have a right to (follow) the occupations (of their castes),
  • And to (inherit the) estate,
  • If they do not sin against either (of their parents).
  • If a man approaches a woman who had been married before, or was not legally married to him, or, belongs to a different caste, they both commit a sin.
  • Through their (sin) their son also becomes sinful.
  • A Brahmana (says), ‘The son belongs to the begetter.’
  • Now they quote also (the following Gatha from the Veda): ‘(Having considered myself) formerly a father, I shall not now allow (any longer) my wives (to be approached by other men), since they have declared that a son belongs to the begetter in the world of Yama. The giver of the seed carries off the son after death in Yama’s world; therefore they guard their wives, fearing the seed of strangers. Carefully watch over (the procreation of) your children, lest stranger seed be sown on your soil. In the next world the son belongs to the begetter, an (imprudent) husband makes the (begetting of) children vain (for himself).’
  • Transgression of the law and violence are found amongst the ancient (sages).
  • They committed no sin on account of the greatness of their lustre.
  • A man of later times who seeing their (deeds) follows them, falls.
  • The gift (or acceptance of a child) and the right to sell (or buy) a child are not recognised.
  • It is declared in the Veda that at the time of marriage a gift, for (the fulfilment of) his wishes, should be made (by the bridegroom) to the father of the bride, in order to fulfil the law. ‘Therefore he should give a hundred (cows) besides a chariot; that (gift) he should make bootless (by returning it to the giver).’ In reference to those (marriage-rites), the word ‘sale’ (which occurs in some Smritis is only used as) a metaphorical expression; for the union (of the husband and wife) is effected through the law.
  • After having gladdened the eldest son by some (choice portion of his) wealth,
PRASNA II, PATALA 6, KHANDA 14.
  • He should, during his lifetime, divide his wealth equally amongst his sons, excepting the eunuch, the mad man, and the outcast.
  • On failure of sons the nearest Sapinda (takes the inheritance).
  • On failure of them the spiritual teacher (inherits); on failure of the spiritual teacher a pupil shall take (the deceased’s wealth), and use it for religious works for the (deceased’s) benefit, or (he himself may enjoy it);
  • Or the daughter (may take the inheritance).
  • On failure of all (relations) let the king take the inheritance.
  • Some declare, that the eldest son alone inherits.
  • In some countries gold, (or) black cattle, (or) black produce of the earth is the share of the eldest.
  • The chariot and the furniture in the house are the father’s (share).
  • According to some, the share of the wife consists of her ornaments, and the wealth (which she may have received) from her relations.
  • That (preference of the eldest son) is forbidden by the Sastras.
  • For it is declared in the Veda, without (marking) a difference (in the treatment of the sons): Manu divided his wealth amongst his sons.
  • Now the Veda declares also in conformity with (the rule in favour of the eldest son) alone: They distinguish the eldest by (a larger share of) the heritage.
  • (But to this plea in favour of the eldest I answer): Now those who are acquainted with the interpretation of the law declare a statement of facts not to be a rule, as for instance (the following): ‘Therefore amongst cattle, goats and sheep walk together;’ (or the following), ‘Therefore the face of a learned Brahmana (a Snataka) is, as it were, resplendent;’ (or), ‘A Brahmana who has studied the Vedas (a Srotriya) and a he-goat evince the strongest sexual desires.’
  • Therefore all (sons) who are virtuous inherit.
  • But him who expends money unrighteously, he shall disinherit, though he be the eldest son.
  • No division takes place between husband and wife.
  • For, from the time of marriage, they are united in religious ceremonies,
  • Likewise also as regards the rewards for works by which spiritual merit is acquired,
  • And with respect to the acquisition of property.
  • For they declare that it is not a theft if a wife spends money on occasions (of necessity) during her husband’s absence.
PRASNA II, PATALA 6, KHANDA 15.
  • By this (discussion) the law of custom, which is observed in (particular) countries or families, has been disposed of.
  • On account of the blood relations of his mother and (on account of those) of his father within six degrees, or, as far as the relationship is traceable, he shall bathe if they die, excepting children that have not completed their first year.
  • On account of the death of the latter the parents alone bathe,
  • And those who bury them.
  • If a wife or one of the chief Gurus (a father or Akarya) die, besides, fasting (is ordained from the time at which they die) up to the same time (on the following day).
  • (In that case) they shall also show the (following) signs of mourning:
  • Dishevelling their hair and covering themselves with dust (they go outside the village), and, clothed with one garment, their faces turned to the south, stepping into the river they throw up water for the dead once, and then, ascending (the bank), they sit down.
  • This (they repeat) thrice.
  • They pour out water consecrated in such a manner that the dead will know it (to be given to them). Then they return to the village without looking back, and perform those rites for the dead which (pious) women declare to be necessary.
  • Some declare, that these same (observances) shall also be kept in the case (of the death) of other (Sapindas).
  • At all religious ceremonies, he shall feed Brahmanas who are pure and who have (studied and remember) the Veda.
  • He shall distribute his gifts at the proper places, at the proper times, at the occasion of purificatory rites, and to proper recipients.
  • That food must not be eaten of which (no portion) is offered in the fire, and of which no portion is first given (to guests).
  • No food mixed with pungent condiments or salt can be offered as a burnt-offering.
  • Nor (can food) mixed with bad food (be used for a burnt-oblation).
  • If (he is obliged to offer) a burnt-offering of food unfit for that purpose, he shall take hot ashes from the northern part of his fire and offer the food in that. That oblation is no oblation in the fire.
  • A female shall not offer any burnt-oblation,
  • Nor a child, that has not been initiated.
  • Infants do not become impure before they receive the sacrament called Annaprasana (the first feeding).
  • Some (declare, that they cannot become impure) until they have completed their first year,
  • Or, as long as they cannot distinguish the points of the horizon.
  • The best (opinion is, that they cannot be defiled) until the initiation has been performed.
  • For at that (time a child) according to the rules of the Veda obtains the right (to perform the various religious ceremonies).
  • That ceremony is the limit (from which the capacity to fulfil the law begins).
  • And the Smriti (agrees with this opinion).
PRASNA II, PATALA 7, KHANDA 16.
  • Formerly men and gods lived together in this world. Then the gods in reward of their sacrifices went to heaven, but men were left behind. Those men who perform sacrifices in the same manner as the gods did, dwell (after death) with the gods and Brahman in heaven. Now (seeing men left behind), Manu revealed this ceremony, which is designated by the word Sraddha (a funeral-oblation).
  • And (thus this rite has been revealed) for the salvation of mankind.
  • At that (rite) the Manes (of one’s father, grandfather, and great-grand father) are the deities (to whom the sacrifice is offered). But the Brahmanas, (who are fed,) represent the Ahavaniya-fire.
  • That rite must be performed in each month.
  • The afternoon of (a day of) the latter half is preferable (for it).
  • The last days of the latter half (of the month) likewise are (preferable to the first days).
  • (A funeral-oblation) offered on any day of the latter half of the month gladdens the Manes. But it procures different rewards for the sacrificer according to the time observed.
  • If it be performed on the first day of the half-month, the issue (of the sacrificer) will chiefly consist of females.
  • (Performed on the second day it procures) children who are free from thievish propensities.
  • (If it is performed) on the third day children will be born to him who will fulfil the various vows for studying (portions of the Veda).
  • (The sacrificer who performs it) on the fourth day becomes rich in small domestic animals.
  • (If he performs it) on the fifth day, sons (will be born to him). He will have numerous and distinguished offspring, and he will not die childless.
  • (If he performs it) on the sixth day, he will become a great traveller and gambler.
  • (The reward of a funeral-oblation performed) on the seventh day is success in agriculture.
  • (If he performs it) on the eighth day (its reward is) prosperity
  • (If he performs it) on the ninth day (its reward consists in) one-hoofed animals.
  • (If he performs it) on the tenth day (its reward is) success in trade.
  • (If he performs it) on the eleventh day (its reward is) black iron, tin, and lead.
  • (If he performs a funeral-oblation) on the twelfth day, he will become rich in cattle.
  • (If he performs it) on the thirteenth day, he will have many sons (and) many friends, (and) his offspring will be beautiful. But his (sons) will die young.
  • (If he performs it) on the fourteenth day (its reward is) success in battle.
  • (If he performs it) on the fifteenth day (its reward is) prosperity.
  • The substances (to be offered) at these (sacrifices) are sesamum, masha, rice, yava, water, roots, and fruits.
  • But, if food mixed with fat (is offered), the satisfaction of the Manes is greater, and (lasts) a longer time,
  • Likewise, if money, lawfully acquired, is given to worthy (persons).
  • Beef satisfies (the Manes) for a year,
  • Buffalo’s (meat) for a longer (time) than that.
  • By this (permission of the use of buffalo’s meat) it has been declared that the meat of (other) tame and wild animals is fit to be offered.
PRASNA II, PATALA 7, KHANDA 17.
  • (If) rhinoceros’ meat (is given to Brahmanas seated) on (seats covered with) the skin of a rhinoceros, (the Manes are satisfied) for a very long time.
  • (The same effect is obtained) by (offering the) flesh (of the fish called) Satabali,
  • And by (offering the) meat of the (crane called) Vardhranasa.
  • Pure, with composed mind and full of ardour, he shall feed Brahmanas who know the Vedas, and who are not connected with him by marriage, blood relationship, by the relationship of sacrificial priest and sacrificer, or by the relationship of (teacher and) pupil.
  • If strangers are deficient in the (requisite) good qualities, even a full brother who possesses them, may be fed (at a Sraddha).
  • (The admissibility of) pupils (and the rest) has been declared hereby.
  • Now they quote also (in regard to this matter the following verse):
  • The food eaten (at a sacrifice) by persons related to the giver is, indeed, a gift offered to the goblins. It reaches neither the Manes nor the gods. Losing its power (to procure heaven), it errs about in this world as a cow that has lost its calf runs into a strange stable.
  • The meaning (of the verse) is, that gifts which are eaten (and offered) mutually by relations, (and thus go) from one house to the other, perish in this world.
  • If the good qualities (of several persons who might be invited) are equal, old men and (amongst these) poor ones, who wish to come, have the preference.
  • On the day before (the ceremony) the (first) invitation (must be issued).
  • On the following day the second invitation takes place.
  • (On the same day also takes place) the third invitation (which consists in the call to dinner).
  • Some declare, that every act at a funeral sacrifice must be repeated three times.
  • As (the acts are performed) the first time, so they must be repeated) the second and the third times.
  • When all (the three oblations) have been offered, he shall take a portion of the food of all (three), and shall eat a small mouthful of the remainder in the manner described (in the Grihya-sutra).
  • But the custom of the Northerners is to pour into the hands of the Brahmanas, when they are seated on their seats, (water which has been taken from the water-vessel.)
  • (At the time of the burnt-offering which is offered at the beginning of the dinner) he addresses the Brahmanas with this Mantra: ‘Let it be taken out, and let it be offered in the fire.’
  • (They shall give their permission with this Mantra): ‘Let it be taken out at thy pleasure, let it be offered in the fire at thy pleasure.’ Having received this permission, he shall take out (some of the prepared food) and offer it.
  • They blame it, if dogs and Apapatras are allowed to see the performance of a funeral-sacrifice.
  • The following persons defile the company if they are invited to a funeral-sacrifice, viz. a leper, a bald man, the violator of another man’s bed, the son of a Brahmana who follows the profession of a Kshatriya, and the son of (a Brahmana who by marrying first a Sudra wife had himself become) a Sudra, born from a Brahmana woman.
  • The following persons sanctify the company if they eat at a funeral-sacrifice, viz. one who has studied the three verses of the Veda containing the word ‘Madhu,’ each three times; one who has studied the part of the Veda containing the word ‘Suparna’ three times; a Trinakiketa; one who has studied the Mantras required for the four sacrifices (called Asvamedha, Purushamedha, Sarvamedha, and Pitrimedha); one who keeps five fires; one who knows the Saman called Gyeshtha; one who fulfils the duty of daily study; the son of one who has studied and is able to teach the whole Veda with its Aegas, and a Srotriya.
  • He shall not perform (any part of) a funeral sacrifice at night.
  • After having begun (a funeral-sacrifice), he shall not eat until he has finished it.
  • (He shall not perform a funeral-sacrifice at night), except if an eclipse of the moon takes place.
PRASNA II, PATALA 8, KHANDA 18.
  • He shall avoid butter, butter-milk, oil-cake, honey, meat.
  • And black grain (Such as kulittha), food given by Sudras, or by other persons, whose food is not considered fit to be eaten.
  • And food unfit for oblations, speaking an untruth, anger, and (acts or words) by which he might excite anger. He who desires a (good) memory, fame, wisdom, heavenly bliss, and prosperity, shall avoid these twelve (things and acts);
  • Wearing a dress that reaches from the navel to the knees, bathing morning, noon, and evening, living on food that has not been cooked at a fire, never seeking the shade, standing (during the day), and sitting (during the night), he shall keep this vow for one year. They declare, that (its merit) is equal to that of a studentship continued for forty-eight years.
  • (Now follows) the daily funeral-oblation.
  • Outside the village pure (men shall) prepare (the food for that rite) in a pure place.
  • New vessels are, used for that,
  • In which the food is prepared, and out of which it is eaten.
  • And those (vessels) he shall present to the (Brahmanas) who have been fed.
  • And he shall feed (Brahmanas) possessed of all (good qualities).
  • And he shall hot give the residue (of that funeral-dinner) to one who is inferior to them in good qualities.
  • Thus (he shall act every day) during a year.
  • The last of these (funeral-oblations) he shall perform, offering a red goat.
  • And let him cause an altar to be built, concealed (by a covering and outside the village).
  • Let him feed the Brahmanas on the northern half of that.
  • They declare, that (then) he sees both the Brahmanas who eat and the Manes sitting on the altar.
  • After that he may offer (a funeral-sacrifice once a month) or stop altogether.
  • For (by appearing on the altar) the Manes signify that they are satisfied by the funeral offering.
  • Under the constellation Tishya he who desires prosperity,
PRASNA II, PATALA 8, KHANDA 19.
  • Shall cause to be prepared powder of white mustard-seeds, cause his hands, feet, ears, and mouth to be rubbed with that, and shall eat (the remainder). If the wind does not blow too violently, he shall eat sitting, silent and his face turned towards the south, on a seat (facing the) same (direction) the first alternative is the skin of a he-goat.
  • But they declare, that the life of the mother of that person who eats at this ceremony, his face turned in that direction, will be shortened.
  • A vessel of brass, the centre of which is gilt, is best (for this occasion).
  • And nobody else shall eat out of that vessel.
  • He shall make a lump of as much (food) as he can swallow (at once).
  • (And he shall) not scatter anything (on the ground).
  • He shall not let go the vessel (with his left hand);
  • Or he may let it go.
  • He shall swallow the whole mouthful at once, introducing it, together with the thumb, (into the mouth.)
  • He shall make no noise with his mouth (whilst eating).
  • And he shall not shake his right hand (whilst eating).
  • After he (has eaten and) sipped water, he shall raise his hands, until the water has run off (and they have become dry).
  • After that he shall touch fire.
  • And (during this ceremony) he shall not eat in the daytime anything but roots and fruit.
  • And let him avoid Sthalipaka-offerings, and food offered to the Manes or to the Gods.
  • He shall eat wearing his upper garment over his left shoulder and under his right arm.
  • At the (monthly) Sraddha which must necessarily be performed, he must use (food) mixed with fat.
  • The first (and preferable) alternative (is to employ) clarified butter and meat.
  • On failure (of these), oil of sesamum, vegetables, and (similar materials may be used).
  • And under the asterism Magha he shall feed the Brahmanas more (than at other times) with (food mixed with) clarified butter, according to the rule of the Sraddha.
PRASNA II, PATALA 8, KHANDA 20.
  • At every monthly Sraddha he shall use, in whatever manner he may be able, one drona of sesamum.
  • And he shall feed Brahmanas endowed with all (good qualities), and they shall not give the fragments (of the food) to a person who does not possess the same good qualities (as the Brahmanas).
  • He who desires prosperity shall fast in the half of the year when the sun goes to the north, under the constellation Tishya, in the first half of the month, for (a day and) a night at least, prepare a Sthalipaka-offering, offer burnt-oblations to Kubera (the god of riches), feed a Brahmana with that (food prepared for the Sthalipaka) mixed with clarified butter, and make him wish prosperity with (a Mantra) implying prosperity.
  • This (rite he shall repeat) daily until the next Tishya(-day).
  • On the second (Tishya-day and during the second month he shall feed) two (Brahmanas).
  • On the third (Tishya-day and during the third month he shall feed) three (Brahmanas).
  • In this manner (the Tishya-rite is to be performed) for a year, with a (monthly) increase (of the number of Brahmanas fed).}
  • (Thus) he obtains great prosperity.
  • But the fasting takes place on the first (Tishya-day) only.
  • He shall avoid to eat those things which have lost their strength (as butter-milk, curds, and whey).
  • He shall avoid to tread on ashes or husks of grain.
  • To wash one foot with the other, or to place one foot on the other,
  • And to swing his feet,
  • And to place one leg crosswise over the knee (of the other),
  • And to make his nails
  • Or to make (his finger-joints) crack without a (good) reason,
  • And all other (acts) which they blame.
  • And let him acquire money in all ways that are lawful.
  • And let him spend money on worthy (persons or objects).
  • And let him not give anything to an unworthy (person), of whom he does not stand in fear.
  • And let him conciliate men (by gifts or kindness).
  • And he may enjoy the pleasures which are not forbidden by the holy law.
  • (Acting) thus he conquers both worlds.
PRASNA II, PATALA 9, KHANDA 21.
  • There are four orders, viz. the order of householders, the order of students, the order of ascetics, and the order of hermits in the woods.
  • If he lives in all these four according to the rules (of the law), without allowing himself to be disturbed (by anything), he will obtain salvation.
  • The duty to live in the teacher’s house after the initiation is common to all of them.
  • Not to abandon sacred learning (is a duty common) to all.
  • Having learnt the rites (that are to be performed in each order), he may perform what he wishes.
  • Worshipping until death (and living) according to the rule of a (temporary) student, a (professed) student may leave his body in the house of his teacher.
  • Now (follow the rules) regarding the ascetic (Samnyasin).
  • Only after (having fulfilled) the duties of that (order of students) he shall go forth (as an ascetic), remaining chaste.
  • For him (the Samnyasin) they prescribe the following rules).
  • He shall live without a fire, without a house, Without pleasures, without protection. Remaining silent and uttering speech only on the occasion of the daily recitation of the Veda, begging so much food only in the village as will sustain his life, he shall wander about neither caring for this world nor for heaven.
  • It is ordained that he shall wear clothes thrown away (by others as useless).
  • Some declare that he shall go naked.
  • Abandoning truth and falsehood, pleasure and pain, the Vedas, this world and the next, he shall seek the Atman.
  • (Some say that) he obtains salvation if he knows (the Atman).
  • (But) that (opinion) is opposed to the Sastras.
  • (For) if salvation were obtained by the knowledge of the Atman alone, then he ought not to feel any pain even in this (world).
  • Thereby that which follows has been declared.
  • Now (follow the rules regarding) the hermit living in the woods.
  • Only after (completing) that (studentship) he shall go forth, remaining chaste.
  • For him they give (the following rules): he shall keep one fire only, have no house, enjoy no pleasures, have no protector, observe silence, uttering speech on the occasion of the daily recitation of the Veda only.
PRASNA II, PATALA 9, KHANDA 22.
  • A dress of materials procured in the woods (skins or bark) is ordained for him.
  • Then he shall wander about, sustaining his life by roots, fruits, leaves, and grass.
  • In the end (he shall live on) what has become detached spontaneously.
  • Next he shall live on water, (then) on air, then on ether.
  • Each following one of these modes of subsistence is distinguished by a (greater) reward.
  • Now some (teachers) enjoin for the hermit the successive performance (of the acts prescribed for the several orders).
  • After having finished the study of the Veda, having taken a wife and kindled the sacred fires, he shall begin the rites, which end with the Soma-sacrifices, (performing) as many as are prescribed in the revealed texts.
  • (Afterwards) he shall build a dwelling, and dwell outside the village with his wife, his children, and his fires,
  • Or (he may live) alone.
  • He shall support himself by gleaning corn.
  • And after that he shall not any longer take presents.
  • And he shall sacrifice (only) after having bathed (in the following manner):
  • He shall enter the water slowly, and bathe without beating it (with his hand), his face turned towards the sun.
  • This rule of bathing is valid for all (castes and orders).
  • Some enjoin (that he shall prepare) two sets of utensils for cooking and eating, (and) of choppers, hatchets, sickles, and mallets.
  • He shall take one of each pair (of instruments), give the others (to his wife), and (then) go into the forest.
  • After that time (he shall perform) the burnt-oblations, (sustain) his life, (feed) his guests, and (prepare) his clothes with materials produced in the forest.
  • Rice must be used for those sacrifices for which cakes mixed with meat (are employed by the householder).
  • And all (the Mantras), as well as the daily portion of the Veda, (must be recited) inaudibly.
  • He shall not make the inhabitants of the forest hear (his recitation).
  • (He shall have) a house for his fire (only).
  • He himself (shall live) in the open air.
  • His couch and seat, must not be covered (with mats).
  • If he obtains fresh grain, he shall throw away the old (store).
PRASNA II, PATALA 9, KHANDA 23.
  • If he desires (to perform) very great austerities, he (shall not make a hoard of grain, but) collect food every day only, morning and evening, in his vessel.
  • Afterwards he shall wander about, sustaining his life with roots, fruits, leaves, and grass (which he collects). Finally (he shall content himself with) what has become detached spontaneously. Then he shall live on water, then on air, (and finally) upon ether. Each succeeding mode of subsistence procures greater rewards.
  • Now they quote (the following) two verses from a Purana:
  • Those eighty thousand sages who desired offspring passed to the south by Aryaman’s road and obtained burial-grounds.
  • Those eighty thousand sages who desired no offspring passed by Aryaman’s road to the north and obtained immortality.
  • Thus are praised those who keep the vow of chastity.
  • Now they accomplish also their wishes merely by conceiving them,
  • For instance, (the desire to procure) rain, to bestow children, second-sight, to move quick as thought, and other (desires) of this description.
  • Therefore on account of (passages) of the revealed texts, and on account of the visible results, some declare these orders (of men keeping the vow of chastity to be) the most excellent.
  • But (to this we answer): It is the firm opinion of those who are well versed in the threefold sacred learning, that the Vedas are the highest authority. They consider that the (rites) which are ordered there to be performed with rice, yava, animals, clarified butter, milk, otsherds, (in conjunction) with a wife, (and accompanied) by loud or muttered (Mantras), must be performed, and that (hence) a rule of conduct which is opposed to these (rites) is of no authority.
  • But by the term burial-ground (in the text above given) it is intended to ordain the last rites for those who have performed many sacrifices, (and not to mean that dead householders become demons and haunt burial-grounds.)
  • The revealed texts declare that after (the burial follows) a reward without end, which is designated by the term ‘heavenly bliss.’
PRASNA II, PATALA 9, KHANDA 24.
  • Now the Veda declares also one’s offspring to be immortality (in this verse): ‘In thy offspring thou art born again, that, mortal, is thy immortality.’
  • Now it can also be perceived by the senses that the (father) has been reproduced separately (in the son); for the likeness (of a father and of a son) is even visible, only (their) bodies are different.
  • ‘These (sons) who live, fulfilling the rites taught (in the Veda), increase the fame and heavenly bliss of their departed ancestors.’
  • ‘In this manner each succeeding (generation increases the fame and heavenly bliss) of the preceding ones.’
  • ‘They (the ancestors) live in heaven until the (next) general destruction of created things.’
  • At the new creation (of, the world) they become the seed. That has been declared in the Bhavishyatpurana.
  • Now Pragapati also says,
  • ‘Those dwell with us who fulfil the following (duties): the study of the three Vedas, the studentship, the procreation of children, faith, religious austerities, sacrifices, and the giving of gifts. He who praises other (duties), becomes dust and perishes.’
  • Those among these (sons) who commit sin, perish alone, just as the leaf of a tree (which has been attacked by worms falls without injuring its branch or tree). They do not hurt their ancestors.
  • (For) the (ancestor) has no connection with the acts committed (by his descendant) in this world, nor with their results in the next.
  • (The truth of) that may be known by the following (reason):
  • This creation (is the work) of Pragapati and of the sages.
  • The bodies of those (sages) who stay there (in heaven) on account of their merits appear visibly most excellent and brilliant (as, for instance, the constellation of the seven Rishis).
  • But even though some (ascetic), whilst still in the body, may gain heaven through a portion of (the merit acquired by his former) works or through austerities, and though he may accomplish (his objects) by his mere wish, still this is no reason to place one order before the other.
PRASNA II, PATALA 10, KHANDA 25.
  • The general and special duties of all castes have been explained. But we will now declare those of a king in particular.
  • He shall cause to be built a town and a palace, the gates of both of which (must look) towards the south.
  • The palace (shall stand) in the heart of the town.
  • In front of that (there shall be) a hall. That is called the hall of invitation.
  • (At a little distance) from the town to the south, (he shall cause to be built) an assembly-house with doors on the south and on the north sides, so that one can see what passes inside and outside.
  • In all (these three places) fires shall burn constantly.
  • And oblations must be offered in these fires daily, just as at the daily sacrifice of a householder.
  • In the hall he shall put up his guests, at least those who are learned in the Vedas.
  • Rooms, a couch, food and drink should be given to them according to their good qualities.
  • Let him not live better than his Gurus or ministers.
  • And in his realm no (Brahmana) should suffer hunger, sickness, cold, or heat, be it through want, or intentionally.
  • In the midst of the assembly-house, (the superintendent of the house) shall raise a play-table and sprinkle it with water, turning his hand downwards, and place on it dice in even numbers, made of Vibhitaka (wood), as many as are wanted.
  • Men of the first three castes, who are pure and truthful, may be allowed to play there.
  • Assaults of arms, dancing, singing, music, and the like (performances) shall be held only (in the houses) of the king’s servants.
  • That king only takes care of the welfare of his subjects in whose dominions, be it in villages or forests, there is no danger from thieves.
PRASNA II, PATALA 10, KHANDA 26.
  • A (king) who, without detriment to his servants, gives land and money to Brahmanas according to their deserts gains endless worlds.
  • They say (that) a king, who is slain in attempting to recover the property of Brahmanas, (performs) a sacrifice where his body takes the place of the sacrificial post, and at which an unlimited fee is given.
  • Hereby have been declared (the rewards of) other heroes, who fall fighting for a (worthy) cause.
  • He shall appoint men of the first three castes, who are pure and truthful, over villages and towns for the protection of the people.
  • Their servants shall possess the same qualities.
  • They must protect a town from thieves in every direction to the distance of one yogana.
  • (They must protect the country to the distance of) one krosa from each village.
  • They must be made to repay what is stolen within these (boundaries).
  • The (king) shall make them collect the lawful taxes (sulka).
  • A learned Brahmana is free from taxes,
  • And the women of all castes,
  • And male children before the marks (of puberty appear),
  • And those who live (with a teacher) in order to study,
  • And those who perform austerities, being intent on fulfilling the sacred law,
  • And a Sudra who lives by washing the feet,
  • Also blind, dumb, deaf, and diseased persons (as long as their infirmities last),
  • And those to whom the acquisition of property is forbidden (as Sannyasins).
  • A young man who, decked with ornaments, enters unintentionally (a place where) a married woman or a (marriageable) damsel (sits), must be reprimanded.
  • But he does it intentionally with a bad purpose, he must be fined.
  • If he has actually committed adultery, his organ shall be cut off together with the testicles.
  • But (if he has had intercourse) with a (marriageable) girl, his property shall be confiscated and he shall be banished.
  • Afterwards the king must support (such women and damsels),
  • And protect them from defilement.
  • If they agree to undergo the (prescribed) penance, he shall make them over to their (lawful) guardians.
PRASNA II, PATALA 10, KHANDA 27.
  • If (adulteresses) have performed (the prescribed penance), they are to be treated as before (their fault). For the connection (of husband and wife) takes place through the law.
  • (A husband) shall not make over his (wife), who occupies the position of a ‘gentilis,’ to others (than to his ‘gentiles’), in order to cause children to be begot for himself.
  • For they declare, that a bride is given to the family (of her husband, and not to the husband alone).
  • That is (at present) forbidden on account of the weakness of (men’s) senses.
  • The hand (of a gentilis is considered in law to be) that of a stranger, and so is (that of any other person except the husband).
  • If the (marriage vow) is transgressed, both (husband and wife) certainly go to hell.
  • The reward (in the next world) resulting from obeying the restrictions of the law is preferable to offspring obtained in this manner (by means of Niyoga).
  • A man of one of the first three castes (who commits adultery) with a woman of the Sudra caste shall be banished.
  • A Sudra (who commits adultery) with a woman of one of the first three castes shall suffer capital punishment.
  • And he shall emaciate a woman who has committed adultery with a (Sudra, by making her undergo penances and fasts, in case she had no child).
  • They declare, that (a Brahmana) who has once committed adultery with a married woman of equal class, she perform one-fourth of the penance prescribed for an outcast.
  • In like manner for every repetition (of the crime), one-fourth of the penance (must be added).
  • (If the offence be committed) for the fourth time, the whole (penance of twelve years must be performed).
  • The tongue of a Sudra who speaks evil of a virtuous person, belonging to one of the first three castes, shall be cut out.
  • A Sudra who assumes a position equal (to that of a member of one of the first three castes), in conversation, on the road, on a couch, in sitting (and on similar occasions), shall be flogged.
  • In case (a Sudra) commits homicide or theft, appropriates land (or commits similar heinous crimes), his property shall be confiscated and he himself shall suffer capital punishment.
  • But if these (offences be committed) by a Brahmana, he shall be made blind (by tying a cloth over his eyes).
  • He shall keep in secret confinement him who violates the rules (of his caste or order), or any other sinner, until (he promises) amendment.
  • If he does not amend, he shall be banished.
  • A spiritual teacher, an officiating priest, a [paragraph continues] Snataka, and a prince shall be able to protect (a criminal from punishment by their intercession), except in case of a capital offence.
PRASNA II, PATALA 11, KHANDA 28.
  • If a person who has taken (a lease of) land (for cultivation) does not exert himself, and hence (the land) bears no crop, he shall, if he is rich, be made to pay (to the owner of the land the value of the crop) that ought to have grown.
  • A servant in tillage who abandons his work shall be flogged.
  • The same (punishment shall be awarded) to a herdsman (who leaves his work);
  • And the flock (entrusted) to him shall be taken away (and be given to some other herdsman).
  • If cattle, leaving their stable, eat (the crops of other persons, then the owner of the crops, or the king’s servants), may make them lean (by impounding them); (but) he shall not exceed (in such punishment).  
  • If (a herdsman) who has taken cattle under his care, allows them to perish, or loses (them by theft, through his negligence), he shall replace them (or pay their value) to the owners.
  • If (the king’s forester) sees cattle that have been sent into the forest through negligence (without a herdsman), he shall lead them back to the village and make them over to the owners.
  • If the same negligence (occur) again, he shall once impound them (and afterwards give them back).
  • (If the same fault be committed again) after that (second time), he shall not take care (of them).
  • He who has taken unintentionally the property of another shall be reprimanded, in case (the property be) fuel, water, roots, flowers, fruits, perfumes, fodder, or vegetables.
  • (If he takes the above-mentioned kinds of property) intentionally, his garment shall be taken away.
  • He who takes intentionally food when he is in danger of his life shall not be punished.
  • If the king does not punish a punishable offence, the guilt falls upon him.
PRASNA II, PATALA 11, KHANDA 29.
  • He who instigates to, he who assists in, and he who commits (an act, these three) share its rewards in heaven and its punishments in hell.
  • He amongst these who contributes most to the accomplishment (of the act obtains) a greater share of the result.
  • Both the wife and the husband have power over (their) common property.
  • By their permission, others also may act for their good (in this and the next world, even by spending money).
  • Men of learning and pure descent, who are aged, clever in reasoning, and careful in fulfilling the duties (of their caste and order, shall be the judges) in lawsuits.
  • In doubtful cases (they shall give their decision) after having ascertained (the truth) by inference, ordeals, and the like (means).
  • A person who is possessed of good qualities (may be called as a witness, and) shall answer the questions put to him according to the truth on an auspicious day, in the morning, before a kindled fire, standing near (a jar full of) water, in the presence of the king, and with the consent of all (of both parties and of the assessors), after having been exhorted (by the judge) to be fair to both sides.
  • If (he is found out speaking) an untruth, the king shall punish him.
  • Besides, in that case, after death, hell (will be his punishment).
  • If he speaks the truth, (his reward will be) heaven and the approbation of all created beings.
  • The knowledge which Sudras and women possess is the completion (of all study).
  • They declare, that (this knowledge) is a supplement of the Atharva-Veda.
  • It is difficult to learn the sacred law from (the letter of) the Vedas (only); but by following the indications it is easily accomplished.
  • The indications for these (doubtful cases are), ‘He shall regulate his course of action according to the conduct which is unanimously recognised in all countries by men of the three twice-born castes, who have been properly obedient (to their teachers), who are aged, of subdued senses, neither given to avarice, nor hypocrites. Acting thus he will gain both worlds.’
  • Some declare, that the remaining duties (which have not been taught here) must be learnt from women and men of all castes.

3

Dharmashastra of Vasishtha

The Vasishtha Dharmashastra is, like that of Gautama, the last remnant of the Sutras of a Vedic school, which, as far as our knowledge goes at present, has perished, together with the greater part of its writings. We owe the preservation of its Dharma-sutra probably to the special law schools of India, which, attracted as it would seem by its title and the legend connecting it with Vasishtha Maitravaruni, one of the most famous Rishis of the Rigveda and a redoubtable champion of Brahmanism, made it one of their standard authorities.
The early existence of a legend according to which the Vasishtha Dharma-sutra was considered either to be a work composed by the Rishi Vasishtha, or at least to contain the sum of his teaching on the duty of man, is indicated by several passages of the work itself. For the Dharma-sutra names Vasishtha, or appeals to his authority on no less than three occasions. First, we find a rule on lawful interest, which is emphatically ascribed to Vasishtha. ‘Learn the interest for a money lender,’ the Sutra says, ‘declared by the word of Vasishtha; five mashas (may be taken) for twenty (karshapanas every month).’ Again, at the end of a long string of rules which contain the observances to be kept by sinners who undergo Krikkhra penances, Vasishtha’s name is brought forward as the authority for them, and the last words are, ‘Thus speaks the divine Vasishtha.’ Finally, the concluding Sutra of the whole work gives expression to the devotion felt by the author for the Rishi, ‘Adoration to Vasishtha, Satayatu, the son of Mitra and Varuna and of Urvasi.’
The epithets used in this last passage conclusively show that the Vasishtha after whom the Dharma-sutra is named, is the individual who, according to the Brahmanical tradition, is the Rishi of a large portion of the seventh Mandala of the Rigveda and the progenitor of the Vasishtha clan of Brahmans, and who in some hymns of the Rigveda appears as the purohita or domestic priest of king Sudas and the rival of Visvamitra, and in other Suktas as a half mythical being. For the verses Rigveda VII, 33, 11-14 trace the origin of this Vasishtha to the two sons of Aditi, Mitra and Varuna, and to the Apsaras Urvasi, and contain the outline of the curious, but disgusting story of his marvellous birth, which Sayana narrates more circumstantially in the commentary on verse 11. Moreover, the word Satayatu, which in the Dharma-sutra is used as an epithet of Vasishtha, occurs Rigveda VII, 18, 21 in close connexion with the Rishi’s name. Sayana explains it in his commentary on the latter passage as ‘the destroyer of many demons,’ or, ‘he whom many demons seek to destroy,’ and takes it as an epithet of the sage Parasara, who is named together with Vasishtha.
It would, however, seem that, if the verse is construed on strictly philological principles, neither Sayana’s interpretation, nor that suggested by the Dharma-sutra can be accepted, and that Satayatu has to be taken as a proper name. But, however that may be, it is not doubtful that we may safely infer from the expressions used in the last sentence of the Dharma-sutra, that the Vasishtha to whom the invocation is addressed and the composition of the work is ascribed, either immediately or through the medium of pupils, is the individual named in the Rigveda.
The connexion of the Dharma-sutra with one of the Rishis of the Rigveda which is thus established, possesses a particular interest and importance, because it corroborates the statement of Govindasvamin, the commentator of Baudhayana, that the Institutes of Vasishtha were originally studied by and authoritative for the Bahvrikas, the Rigvedins alone, and afterwards became an authority for all Brahmans.
In the introduction to Gautama it has been shown that a similar assertion which Govinda makes with regard to the Gautama Dharma-sutra can be corroborated by a considerable amount of external and internal evidence. It has been pointed out that not only the fact that the spiritual pedigrees of the Khandoga schools enumerate several Gautamas, but also the partiality for texts of the Samaveda, which the Institutes of Gautama show on several occasions, strongly support the tradition that the Gautamiya Dharmashastra originally was the exclusive property of a school of Samavedins. In the case of the Vasishtha Dharmashastra indications of the latter kind are, if not entirely wanting, at least very faint.
The number of Vedic passages quoted is, no doubt, large; but few among them belong to the class of Mantras which are recited during the performance of grihya rites, and must be taken from the particular recension of the Veda to which the performer belongs. Besides, the texts of this description which actually occur, do not bear the mark of a particular Veda or Sakha. The numerous texts, on the other hand, which are quoted in support or explanation of the rules, are taken impartially from all the three ancient Vedas. For this reason it would be dangerous to use the references to a dozen Rikas in chapters XVII and XXVI, as well as to the legend of Sunahsepa, which is told only in works belonging to the Rigveda, as a proof that the Vasishtha Dharmashastra is the work of a Rigvedin. Under these circumstances the three passages, mentioning Vasishtha’s name, and especially the last which identifies him with the Rishi of the Rigveda, have a particularly great importance, as they are the only pieces of internal evidence which can be brought forward in favour of Govindasvamin’s valuable statement. But the latter is, even without any further corroboration, credible enough, because no reason is apparent why Govinda should have invented such a story, and because his assertion fully agrees with the well-established facts known about the other existing Dharmasutras, which all were composed not for the benefit of the Aryans in general, but in order to regulate the conduct of particular sections of the Brahmanical, community.
There is, however, one point in Govindasvamin’s statement which requires further elucidation. He says that the Bahvrikas, i.e. the Rigvedins in general, formerly studied the Vasishtha Dharmashastra. It might, therefore, be inferred that the work possessed equal authority among the Asvalayaniyas, the Saekhayaniyas, the Mandukayanas, and all the other schools of the Rigveda, and that it belonged to the most ancient heirlooms of its adherents.
That is, however, improbable for several reasons. For, first, neither the Asvalayaniyas nor the Saekhayaniyas of the present day study or attach any special importance to the Vasishtha Dharmashastra. Secondly, if the Vasishtha Dharmashastra had ever been the common authority on Dharma in all the different schools of the Rigveda, it would be necessary to ascribe to it an antiquity which it clearly does not possess. All Sutras were originally composed for a single school only. Where we find that the same Sutra is adopted by several Karanas, as is the case with the Dharma-sutra, which both the Apastambiyas and the Hairanyakesas study, and with the Kayana-sutra, which the Bharadvagas and the Hairanyakesas have in common, it is evident that the later school did not care to compose a treatise of its own on a certain subject, but preferred to take over the composition of an earlier teacher, If, now, a Sutra on a certain subject were acknowledged by all the schools of one Veda, it would follow that it must belong to the most ancient books of that Veda, and must have been adopted successively by all its later schools.
In such a case the Sutra must certainly show signs of its great antiquity. But if we look for the latter in the Vasishtha Dharma-sutra, the trouble will be in vain. Though that work contains a good deal that is archaic, yet, as will be shown presently, its numerous quotations from Vedic writings and older Dharmasutras clearly prove that it does not belong to the oldest productions of its class, but takes even among the still existing Institutes of the Sacred Law only a secondary rank. Under these circumstances the correct interpretation of Govindasvamin’s words will be, that according to the Brahmanical tradition, known to him, some school of Rigvedins, the name of which he did not know, or did not care to give, originally possessed the Vasishtha Dharmashastra as its exclusive property, and that the work later, through the action of the special law schools, acquired general authority for all Brahmans.
It is a pity that no authentic information regarding the name of that school of Rigvedins has been handed down. But, considering the fact that Vedic schools are frequently named after Vedic Rishis, it seems not improbable that it was called after the Vasishtha whose authority the Dharma-sutra invokes, and that we may assume the former existence of a Vasishtha school, a Sutra-karana, of the Rigveda, founded perhaps by a teacher of the Vasishtha gotra. This conjecture, which, it must be confessed, is not supported by any corroborative evidence from the Brahmanical tradition, will explain why the title-pages of this and of the first part speak of a school of Vasishtha.
The position of the Vasishtha Dharma-sutra in Vedic literature can be defined, to a certain extent, by an analysis of its numerous quotations from the Samhitas, Brahmanas, and the older Sutras. By this means it will become evident that the work belongs to a period when the chief schools of the three ancient Vedas had been formed and some of the still existing Dharmasutras had been composed. Faint indications will be found which make it probable that the home of the school to which it belonged, lay in the northern half of India, north of the Narmada and of the Vindhyas, As regards the quotations from the Sruti, the revealed texts of the Hindus, they are chiefly taken from the Rigveda and from three recensions of the Yagur-veda.
Passages from the Rig-veda-samhita are quoted IV, 21; XVII, 3-4; and XXVI, 5-7. With respect to the quotations in the latter chapter it must, however, be noted that its genuineness is, as will be shown in the sequel, not above suspicion. A Brahmana of the Rigveda seems to be referred to in XVII, 2, 32, 35. But the extracts, given there, agree only in part with the text of the Aitareya, and it is probable that they are taken from some lost composition of the same class. A curious Sutra, II, 35, shows a great resemblance to the explanations of Vedic passages given by Yaska in the Nirukta. The passage points either to a connexion of the author with the school of the Nairuktas or, at least, to an acquaintance with its principles. Among the schools of the Yagur-veda, that of the Kathas is twice referred to by name, XII, 29; XXX, 5.
But Professor Weber, who kindly looked for the quotations in the Berlin MS. of the Kathaka, has not been able to find them. A. third passage, I, 37, said to be taken from the Katurmasyas, i.e. the portion of a Samhita which treats of the Katurmasya sacrifices, actually occurs in the Kathaka. But, as it is likewise found in the Katurmasya-kanda of the Maitrayaniyas, it must remain uncertain from which of the two recensions of the Black Yagur-veda it has been quoted.
The chapter on the duties of women, vers. 6-8, contains a long quotation which, in spite of some small discrepancies, seems to have been taken from the Taittiriya-samhita of the Black Yagur-veda. Passages of the Taittiriya Aranyaka are quoted or referred to X, 35 and XXIII, 23. The White Yagur-veda is mentioned several times as the Vagasaneyi-sakha or the Vagasaneyaka. The former expression occurs III, 19 and XXIII, 13. The quotations, marked as taken from the Vagasaneyaka, XII, 31, XIV, 46 are found in the Satapatha-brahmana, and another passage of the same work is quoted I, 45, without a specification of the source. A very clear proof that the author of the Dharma-sutra knew the Vagasaneyi-samhita is furnished by the Mantra, given II, 34. The text, quoted there, occurs in three different Sakhas, that of the Vagasaneyins, that of the Taittiriyas and the Atharvaveda, and in each shows a few variae lectiones. Its wording in the Vagasaneyi-samhita literally agrees with the version, given in the Sutra.
The Samaveda is referred to III, 19, and particular Samans are mentioned in the borrowed chapter XXII, 9. A passage from the Nidana, probably a work on Stomas and metres, which belonged to the Bhallavins, an ancient school of Samavedins, occurs I, 14-16. An Upanishad, connected with the Atharvaveda, the Atharvasiras, is mentioned in the borrowed chapter XXII, 9, and the existence of the Atharvaveda is presupposed, also, by ‘the vows called Siras,’ which are alluded to in the suspicious chapter XXVI, 11, and are said to be peculiar to the Atharvavedins. The chapters, which are undoubtedly genuine, contain no allusion to the fourth Veda.
As regards the older works on Dharma, the author of the Institutes of Vasishtha certainly knew and used a treatise, attributed to Yama, the Dharmasutras of Manu, Harita and Gautama, and perhaps that of Baudhayana. With respect to two verses, which, as the Sutra says, were proclaimed by Pragapati, XIV, 24, 30, it is somewhat doubtful, if it is meant that they have been taken from a work, attributed to Pragapati, or that they are merely utterances, supposed to have been made by that deity for the benefit of mankind. The latter view seems, however, the more likely one, as it is customary in the Smritis to ascribe the revelation of social institutions, ceremonies, and penances to Pragapati, who, in the older works, occupies much the same position as Brahma, the creator, in the later religious systems.
It is not impossible that some of the references to Yama, e.g. XI, 20, have to be explained in the same manner. But other passages, attributed to Yama, e.g. XVIII, 13-26, seem to have been taken from a work which was considered the production of the Dharmaraga. Of course, none of the Yamasmritis, which exist in the present day, can be meant. The quotations from Manu are numerous. They have all been taken from a book attributed to a Manu, and possess a very high interest for the history of the present metrical Manusmriti. For the prose passage from the Manava, given IV, 5, furnishes the proof that the author of the Vasishtha Dharmashastra quotes from a Dharma-sutra attributed to a Manu, while other quotations show that the Manava Dharma-sutra contained, also, verses, some of which, e.g. XIX, 37, were Trishtubhs, and that a large proportion of these verses has been embodied in Bhrigu’s version of the Manusmriti. Fifteen years ago I first called attention to Vasishtha’s prose quotation from the Manava, and pointed out that, if the MSS. of the Vasishtha Dharmashastra were to be trusted, a small piece of the lost Manava Dharma-sutra, on which the present Manusmriti is based, had been found.
The incorrectness and the defective state of the materials which I then had at my disposal did not allow me to go further. Since that time several, comparatively speaking, good MSS. of the Institutes of Vasishtha and many inferior ones have been found, and all, at least all those which I have examined, give the quotation in prose exactly in the same form. The fact that Vasishtha gives, in IV, 5, a prose quotation from Manu may, therefore, be considered as certain. Moreover several of the best MSS. show, by adding the particle ‘iti’ at the end of Sutra 8, that the quotation from the Manava is not finished with Sutra 5, but includes the two verses given in Sutras 6 and 7 and the second prose passage in Sutra 8. Among the verses the first is found entire in the metrical Manusmriti, and the second has likewise a representative in that work, though its concluding portion has been altered in such a manner that the permission to slaughter animals at sacrifices has been converted into an absolute prohibition to take animal life. Sutra 8, which again is in prose, has no counterpart in the metrical Manusmriti, as might be expected from its allowing ‘a full-grown ox’ or ‘a full-grown he-goat’ to be killed in honour of a distinguished Brahmana or Kshatriya guest.
A closely corresponding passage is found in the Satapatha-brahmana, and a verse expressing the same opinion in the Yagnavalkya Smriti, the versification of a Dharma-sutra of the White Yagur-veda. As the last part of the quotation resembles the text of the Brahmana and its language is very archaic, it is quite possible that, though belonging to the passage from the Manava-sutra, it contains a Vedic text, taken from some hitherto unknown Brahmana which Manu adduced in support of his opinion. On this supposition the arrangement of the whole quotation would be as follows. Sutra 5 would give the original rule of the author of the Manava in an aphoristic form; Sutras 6-7 would repeat the same opinion in verse, the latter being probably Slokas current among the Brahmanical community; and Sutra 8 would give the Vedic authority for the preceding sentences.
This arrangement would be in strict conformity with the plan usually followed by the authors of Dharmasutras. But whether Sutra 8 contains a second original aphorism of the Manava Dharma-sutra or a. Vedic passage, it seems in-disputable that the author of the Vasishtha Dharma-sutra knew a treatise attributed to a teacher called Manu, which, like all other Dharmasutras, was partly written in aphoristic prose and partly in verse. The passage furnishes, therefore, the proof for Professor Max Muller’s conjecture that our metrical Manusmriti, like all the older works of the same class, is based on the Dharma-sutra of a Vedic Sutra-karana. In connexion with this subject it maybe mentioned that the Institutes of Vasishtha contain, besides the above-mentioned passages, no less than thirty-nine verses, which are not marked as quotations, but occur in Bhrigu’s metrical Manusamhita.
Some of them present more or less important variae lectiones. Moreover, there are four verses which, though Vasishtha attributes them to Harita and Yama, are included in our Manusmriti and treated as utterances of the father of mankind. The bearing of both these facts on the history of the Manusmriti is obvious. But the frequency of the references to or quotations from Manu which Vasishtha makes, teaches another important lesson. Like the fact that Manu is the only individual author to whom Gautama refers, it shows that in ancient times Manu’s name had as great a charm for the Brahman teachers as it has for those of the present day, and that the—old Manava Dharma-sutra was one of the leading works-on the subject, or, perhaps, even held that dominant position which the metrical Manusmriti actually occupied in the Middle Ages and theoretically occupies in our days. It is interesting to observe that precisely the same inference can be drawn from the early Sanskrit inscriptions. If these speak of individual authors of Smritis, they invariably place Manu’s name first.
Vasishtha gives only one quotation from Harita, II, 6. Harita was one of the ancient Sutrakaras of the Black Yagur-veda, who is known also to Baudhayana. From a passage which Krishnapandita quotes in elucidation of [paragraph continues] Vasishtha XXIV, 6, I conclude that Harita was a Maitrayaniya. The relation of the Vasishtha Dharma-sutra to Gautama and Baudhayana has already been discussed in the introduction to the translation of the former work. To the remarks on its connexion with Baudhayana it must be added that the third Prasna of the Baudhayana Dharma-sutra, from which Vasishtha’s twenty-second chapter seems to have been borrowed, perhaps does not belong to the original work, but is a later, though presumably a very ancient, addition to the composition of the founder of the Baudhayana school.
The reasons for this opinion will be given below. If Baudhayana’s third Prasna is not genuine, but has been added by a later teacher of that school, the interval between Baudhayana and the author of the Vasishtha Dharmashastra must be a very considerable one. I have, however, to point out that the inference regarding the priority of Baudhayana to Vasishtha is permissible only on the sup-position that Vasishtha’s twenty-second chapter is not a later addition to the latter work, and that, though it is found in all our MSS., this fact is not sufficient to silence all doubts which might be raised with respect to its genuineness; for we shall see presently that other chapters in the section on penances have been tampered with by a later hand. It will, therefore, be advisable not to insist too strongly on the certainty of the conclusion that Vasishtha knew and used Baudhayana’s work.
In the introduction to his translation of the Vishnusmriti, Professor Jolly has pointed out two passages of Vasishtha which, as he thinks, have been borrowed from Vishnu, and prove the posteriority of the Vasishtha Dharmashastra, if not to the Vishnusmriti, at least to its original, the Kathaka Dharma-sutra. He contends that the passage Vasishtha XXVIII, 20-15 is a versification of the Sutras of Vishnu LVI, which, besides being clumsy, shows a number of corruptions and grammatical mistakes, and that Vasishtha XXVIII, 18-22 has been borrowed from Vishnu LXXXVII. Professor Jolly’s assertion regarding the second passage involves, however, a little mistake.
For the first two Slokas, Vasishtha XXVIII, 18-19, describe not the gift of the skin of a black antelope, which is mentioned in the first six Sutras of Vishnu LXXXVII, but the rite of feeding Brahmans with honey and sesamum grains, which occurs Vishnu XC, 10. The three verses, Vasishtha XXVIII, 20-22, on the other hand, really are the same as those given by Vishnu LXXXVII, 8-10. It is, however, expressly stated in the Vishnusmriti that they contain a quotation, and are not the original composition of the author of the Dharma-sutra. Hence no inference can be drawn from the recurrence of the same stanzas in the Vasishtha Dharma-sutra. As regards the other passage, Vasishtha XXVIII, 10-15, Professor Jolly is quite right in saying that it is a clumsy versification of Vishnu’s Sutras, and it is not at all improbable that Vasishtha’s verses may have been immediately derived from the Kathaka.
The further inference as to the priority of the ancient Kathaka-sutra to Vasishtha, which Professor Jolly draws from the comparison of the two passages, would also be unimpeachable, if the genuineness of Vasishtha’s twenty-eighth chapter were certain. But that is unfortunately not the case. Not only that chapter, but the preceding ones, XXV—XXVII, in fact the whole section on secret penances, are, in my opinion, not only suspicious, but certainly betray the hand of a later restorer and corrector. Everybody who carefully reads the Sanskrit text of the Dharma-sutra will be struck by the change of the style and the difference in the language which the four chapters on secret penances show, as compared with the preceding and following sections. Throughout the whole of the first twenty-four chapters and in the last two chapters we find a mixture of prose and verse. With one exception in the sixth chapter, where thirty-one verses form the beginning of the section on the rule of conduct, the author follows always one and the same plan in arranging his materials.
His own rules are given first in the form of aphorisms, and after these follow the authorities for his doctrines, which consist either of Vedic passages or of verses, the latter being partly quotations taken from individual authors or works, partly specimens of the versified maxims current among the Brahmans, and sometimes memorial verses composed by the author himself. But chapters XXV—XXVIII contain not a single Sutra. They are made up entirely of Anushtubh Slokas, and the phrases ‘I will now declare,’ ‘Listen to my words,’ which are so characteristic of the style of the later metrical Smritis and of the Puranas, occur more frequently than is absolutely necessary. Again, in the first twenty-four and the last two chapters the language is archaic Sanskrit, interspersed here and there with Vedic anomalous forms.  But in the four chapters on secret penances we have the common Sanskrit of the metrical Smritis and Puranas, with its incorrect forms, adopted in order to fit inconvenient words into the metre.
Nor is this all. The contents of a portion of this suspicious section are merely useless repetitions of matters dealt with already in the preceding chapters, while some verses contain fragmentary rules on a subject which is treated more fully further on. Thus the description of the Krikkhra and Kandrayana penances, which has been given XXI, 20 and XXIV, 45, is repeated XXVII, 16, 21. Further, the enumeration of the purificatory texts XXVIII, 10-15 is merely an enlargement of XXII, 9. Finally, the verses XXVIII, 16-22 contain detached rules on gifts, and in the next chapter, XXIX, the subject is begun once more and treated at considerable length.
Though it would be unwise to assume that all genuine productions of the old Sutrakaras must, throughout, show regularity and consistency, the differences between the four chapters and the remainder of the work, just pointed out, are, it seems to me, sufficient to warrant the conclusion that they do not belong to the author of the Institutes. Under these circumstances it might be assumed that the whole section is simply an interpolation. But that would be going too far. For, as other Dharmasutras show, one or even several chapters on secret penances belonged to such works.
Moreover, in the section on women, Vasishtha V, 3-4, the author makes a cross-reference to the rahasyas, the section on secret penances, and quotes by anticipation half a Sloka which is actually found in chapter XXVIII. The inference to be drawn from these facts is, that the section on secret penances is not simply a later addition intended to supply an omission of the first writer, but that, for some reason or other, it has been remodelled. The answer to the question why this was done is suggested, it seems to me, partly by the state of the MSS. of the Vasishtha Dharmashastra, and partly by the facts connected with the treatment of ancient works by the Pandits, which my examination of the libraries of Northern India has brought to light. MSS. of the Vasishtha Dharmashastra are very rare,. and among those found only three are complete. Some stop with chapter X, others with chapter XXI, and a few in the middle of the thirtieth Adhyaya.
Moreover, most of them are very corrupt, and even the best exhibit some Sutras which are hopeless. These circumstances show clearly that after the extinction of the Vedic school, with which the work originated, the Sutra was for some time neglected, and existed in a few copies only, perhaps even in a single MS. The materials on which the ancient Hindus wrote, the birch bark and the palm leaves, are so frail that especially the first and last leaves of a Pothi are easily lost or badly damaged. Instances of this kind are common enough in the Gaina and Kasmir libraries, where the beginning and still more frequently the end of many works have been irretrievably lost. The fate of the Vasishtha Dharmashastra, it would seem, has been similar.
The facts related above make it probable that the MS. or MSS. which came into the hands of the Pandits of the special law schools, who revived the study of the work, was defective. Pieces of the last leaves which remained, probably showed the extent of the damage done, and the. Pandits set to work at the restoration of the lost portions, just as the Kasmirian Sahebram Pandit restored the Nilamata-purana for Maharaga Ranavirasimha. They, of course, used the verses which they still found on the fragments, and cleverly supplied the remainder from their knowledge of. Manu and other Smritis, of the Mahabharata and the Puranas. This theory, I think, explains all the difficulties which the present state of the section on secret penances raises. Perhaps it may be used also to account for some incongruities observable in chapter XXX.
The last two verses, XXX, 9-10, are common-places which are frequently quoted in the Mahabharata, the Harivamsa, the Pankatantra, and modern anthologies. With their baldness of expression and sentiment they present a strong contrast to the preceding solemn passages from the Veda, and look very much like an unlucky attempt at filling up a break at the end of the MS. In connexion with this subject it ought, however, to be mentioned that this restoration of the last part of the Vasishtha Dharmashastra must have happened in early times, at least more than a thousand years ago. For the oldest commentators and compilers of digests on law, such as Vignanesvara, who lived at the end of the eleventh century A. D., quote passages from the section on secret penances as the genuine utterances of Vasishtha. These details will suffice to show why I differ from Professor Jolly with respect to his conclusion from the agreement of the verses of Vasishtha XXVIII, 10-15 with the Sutras of Vishnu LVI.
With the exception of the quotations, the Vasishtha Dharmashastra contains no data which could be used either to define its relative position in Sanskrit literature or to connect it with the historical period of India. The occurrence of the word Romaka, XVIII, 4, in some MSS., as the name of a degraded caste of mixed origin, proves nothing, as other MSS. read Ramaka, and tribes called Rama and Ramatha are mentioned in the Puranas. It would be wrong to assert on such evidence that the Sutra belonged to the time when the Romans, or rather the Byzantines (Rômaioi), had political relations with India. Nor will it be advisable to adduce the fact that Vasishtha XVI, 10, 14, 15 mentions written documents as a means of legal proof, in order to establish the ‘comparatively late’ date of the Sutra. For though the other Dharmasutras do not give any hint that the art of writing was known or in common use in their times, still the state of society which they describe is so advanced that people could not have got on without writing, and the proofs for the antiquity of the Indian alphabets are now much stronger than they were even a short time ago.
The silence of Apastamba and the other Sutrakaras regarding written documents is probably due to their strict adherence to a general principle under-lying the composition of the Dharmasutras. Those points only fall primarily within the scope of the Dharmasutras which have some immediate, close connexion with the Dharma, the acquisition of spiritual merit. Hence it sufficed for them to give some general maxims for the fulfilment of the gunadharma of kings, the impartial administration of justice, and to give fuller rules regarding the half-religious ceremony of the swearing in and the examination of witnesses. Judicial technicalities, like the determination of the legal value of written documents, had less importance in their eyes, and were left either to the desakara, the custom of the country, or to the Niti and Artha-sastras, the Institutes of Polity and of the Arts of common life.
It would, also, be easy to rebut attempts at assigning the Vasishtha Dharma-sutra to what is usually ‘a comparatively late period’ by other pieces of so-called internal evidence tending to show that it is an ancient work. Some of the doctrines of the Sutra undoubtedly belong to an ancient order of ideas. This is particularly observable in the rules regarding the subsidiary sons, which place the offspring even of illicit unions in the class of heirs and members of the family, while adopted sons are relegated to the division of members of the family excluded from inheritance. The same remark applies to the exclusion of all females, with the exception of putrikas or appointed daughters, from the succession to the property of males, to the permission to remarry infant widows, and to the law of the Niyoga or the appointment of adult widows, which Vasishtha allows without hesitation, and even extends to the wives of emigrants. But as most of these opinions occur also in some of the decidedly later metrical Smritis, and disputes on these subjects seem to have existed among the various Brahmanical schools down to a late period, it would be hazardous to use them as arguments for the antiquity of the Sutra.
The following points bear on the question where the original home of the Vedic school, which produced the Dharma-sutra, was situated. First, the author declares India north of the Vindhyas, and especially those portions now included in the Northwestern Provinces, to be the country where holy men and pure customs are to be found, I, 8-16. Secondly, he shows a predilection for those redactions of the Veda and those Sutras which belong to the northern half of India, viz. for the Kathaka, the Vagasaneyi-sakha, and the Sutras of Manu and Harita. Faint as these indications are, I think, they permit us to conclude that the Sutra belongs to a Karana settled in the north.
As regards the materials on which the subjoined translation is based, I have chiefly relied on the Benares edition of the text, with the commentary of Krishnapandita Dharmadhikari, and on a rough edition with the varietas lectionum from the two MSS. of the Bombay Government Collection of 1874-75, B. no. 29 and Bh. no. 30, a MS. of the Elphinstone College Collection of 1867-68, E. no. 23 of Class VI, and an imperfect apograph F. in my own collection, which was made in 1864 at Bombay. The rough edition was prepared under my superintendence by Vamanakarya Ghalkikar, now teacher of Sanskrit in the Dekhan College, Puna.
When I wrote the translation, the Bombay Government MSS. were not accessible to me. I could only use my own MS. and, thanks to the kindness of Dr. Rost, Colebrooke’s MS., I. O. no. 913, from which the now worthless Calcutta editions have been derived either immediately or mediately. These materials belong to two groups. The Bombay MS. B., which comes from Benares, closely agrees with Krishnapandita’s text; and E., though purchased at Puna, does not differ much from the two. Bh., which comes from Bhuj in Kakh, and my own MS. F. form. a second group, towards which Colebrooke’s MS., I. O. no. 913, also leans. Ultimately both groups are derived from one codex archetypus.
The first group of MSS. gives a fuller and in general a correcter text than the second. But it seems to me that the text of B., and still more Krishnapandita’s, has in many places been conjecturally restored, and that the real difficulties have been rather veiled than solved. I have, therefore, frequently preferred the readings offered by the second group, or based on them my conjectural emendations, which have all been given in the notes. To give a translation without having recourse to conjectural emendations was impossible, as a European philologist is unable to avail himself of those wonderful tricks of interpretation which permit an Indian Pandit to extract some kind of meaning from the most desperate passages. In a few cases, where even the best MSS. contain nothing but a conglomerate of meaningless syllables or unconnected words, I have thought it advisable to refrain from all attempts at a restoration of the text, and at a translation.
A critical edition of the Vasishtha Dharmashastra is very desirable, and I trust that Dr. A. Fuhrer, of St. Xavier’s College, Bombay, will soon supply this want. Krishnapandita’s commentary, for which he had not the aid of older vrittis, shows considerable learning, and has been of great value to me. I have followed him mostly in the division of the Sutras, and have frequently given his opinions in the notes, both in cases where I-agree with him and in those where I differ from him, but think his opinion worthy of consideration.
The Laws of Vasishtha Dharmashastras
Laws for Sacred Man
  • Now, therefore, the desire to know the sacred law for their welfare (should arise) in (initiated) men.
  • He who knows and follows the (sacred law is called) a righteous man.
  • He becomes most worthy of praise in this world and after death gains heaven.
  • The sacred law has been settled by the revealed texts and by the tradition (of the sages).
  • On failure of (rules given in) these (two sources) the practice of the Sishtas (has) authority.
  • But he whose heart is free from desire (is called) a Sishta.
  • (Acts sanctioned by) the sacred law (are those) for which no (worldly) cause is perceptible.
  • The country of the Aryas (Aryavarta) lies to the east of the region where (the river Sarasvati) disappears, to the west of the Black-forest, to the north of the Paripatra (mountains), to the south of the Himalaya.
  • (According to others it lies to the south of the Himalaya) and to the north of the Vindhya range (being limited east and west by the two oceans).
  • Acts productive of spiritual merit, and customs which (are approved of) in that country, must be everywhere acknowledged (as authoritative);
  • But not different ones, (i.e. those) of (countries where) laws opposed (to those of Aryavarta prevail).
  • Some (declare the country of the Aryas to be situated) between the (rivers) Gaega and Yamuna.
  • Others (state as) an alternative, that spiritual pre-eminence (is found) as far as the black antelope grazes.
  • Now the Bhallavins quote also (the following) verse in the Nidana:
  • ‘In the west the boundary-river, in the east the region where the sun rises,—as far as the black antelope wanders (between these two limits), so far spiritual pre-eminence (is found).
  • ‘Those religious acts which men, deeply versed in the knowledge of the three Vedas and acquainted with the sacred law, declare to be lawful, (are efficient) for purifying oneself and others.’
  • Manu has declared that the (peculiar) laws of countries, castes, and families (may be followed) in the absence of (rules of) the revealed texts.
  • Sinful men are, he who sleeps at sunrise or at sunset, he who has deformed nails or black teeth, he whose younger brother was married first, he who married before his elder brother, the husband of a younger sister married before the elder, the husband of an elder sister whose younger sister was married first, he who extinguishes the sacred fires, (and) he who forgets the Veda through neglect of the daily recitation.
  • They state that there are five mortal sins. (mahapataka),
  • (Viz. violating) a Guru’s bed, drinking (the spirituous liquor called) sura, slaying a learned Brahmana, stealing the gold of a Brahmana, and associating with outcasts,
  • Either by (entering into) spiritual or matrimonial (connexion with them).
  • Now they quote also (the following verse): ‘He who during a year associates with an outcast becomes (likewise) an outcast; not by sacrificing for him, by teaching him or by (forming) a matrimonial (alliance with him), but by using the same carriage or seat.’
  • A minor offence causing loss of caste (upapataka, is committed by him) who (after beginning an Agnihotra sacrifice) forsakes the sacred fires, and by him who offends a Guru, by an atheist, by him who takes his livelihood from atheists, and by him who sells the Soma (plant).
  • Three wives (are permitted) to a Brahmana according to the order of the castes, two to a Kshatriya, one to a Vaisya and to a Sudra.
  • Some declare (that twice-born men may marry) even a female of the Sudra caste, like those (other wives), without (the recitation of) Vedic texts.
  • Let him not act thus.
  • For in consequence of such (a marriage) the degradation of the family certainly ensues, and after death the loss of heaven.
  • There are six marriage-rites,
  • (Viz.) that of Brahman (brahma), that of the gods (daiva), that of the Rishis (arsha), that of the Gandharvas (gandharva), that of the Kshatriyas (kshatra), and that of men (manusha).
  • If the father, pouring out a libation of water, gives his (daughter) to a suitor, that (is called) the Brahma-rite
  • If (the father) gives his daughter, decking her with ornaments, to an officiating priest, whilst a sacrifice is being performed, that is called the Daiva-rite.
  • And (if the father gives his daughter) for a cow and a bull, (that is called) the Arsha-rite.
  • If a lover takes a loving female of equal caste, that (is called) the Gandharva-rite.
  • If they forcibly abduct (a damsel), destroying (her relatives) by strength (of arms), that (is called) the Kshatra-rite.
  • If, after making a bargain (with the father, a suitor) marries (a damsel) purchased for money, that (is called) the Manusha-rite.
  • The purchase (of a wife) is mentioned in the following passage of the Veda, ‘Therefore one hundred (cows) besides a chariot should be given to the father of the bride.’
  • It is stated) in (the following passage of) the Katurmasyas, ‘She (forsooth) who has been bought by her husband (commits sin, as) afterwards she unites herself with strangers.’
  • Now they quote also (the following verse): ‘Lost learning comes back; when the family is lost all is lost. Even a horse becomes estimable on account of its pedigree; therefore men marry wives descended from an (unblemished) family.
  • The three (lower) castes shall live according to the teaching of the Brahmana.
  • The Brahmana shall declare their duties,
  • And the king shall govern them accordingly.
  • But a king who rules in accordance with the sacred law, may take the sixth part of the wealth (of his subjects),
  • Except from Brahmanas.
  • It has been declared in the Veda, ‘But he obtains the sixth part of (the merit which Brahmanas gain by) sacrifices and charitable works.’
  • (It is further stated in the Veda), ‘The Brahmana makes the Veda rich; the Brahmana saves from misfortune; therefore the Brahmana shall not be made a source of subsistence. Soma is his king.’
  • Further (another passage says), ‘After death bliss (awaits the king who does not oppress Brahmanas).’
The Laws for Four Castes
  • There are four castes (varna), Brahmanas, Kshatriyas, Vaisyas, and Sudras.
  • Three castes, Brahmanas, Kshatriyas, and Vaisyas, (are called) twice-born.
  • Their first birth is from their mother; the second from the investiture with the sacred girdle. In that (second birth) the Savitri is the mother, but the teacher is said to be the father.
  • They call the teacher father, because he gives instruction in the Veda.
  • They quote also (the following passage from the Veda) to the same (effect): ‘Of two kinds, forsooth, is the virile energy of a man learned in the Vedas, that which (resides) above the navel and the other which below (the navel) descends down-wards. Through that which (resides) above the navel, his offspring is produced, when he initiates Brahmanas, when he teaches them, when he causes them to offer oblations, when he makes them holy. By that which resides below the navel the children of his body are produced. Therefore they never say, to a Srotriya, who teaches the Veda, “Thud art destitute of offspring.”’
  • Harita also quotes (the following verse): ‘No religious rite can be performed by a (child) before he has been girt with the sacred girdle, since he is on a level with a Sudra before his (new) birth from the Veda.’
  • (The above prohibition refers to all rites) except those connected with libations of water, (the exclamation) Svadha, and the manes.
  • Sacred learning approached a Brahmana (and said to him), ‘Preserve me, I am thy treasure, reveal me not to a scorner, nor to a wicked man, nor to one of uncontrolled passions: so (preserved) I shall become strong.’
  • ‘Reveal me, O Brahmana, as to the keeper of thy treasure, to him whom thou shalt know to be pure, attentive, intelligent, and chaste, who will not offend thee nor revile thee.’
  • ‘(That man) who fills his ears with truth, who frees him from pain and confers immortality upon him, (the pupil) shall consider as his father and mother; him he must never grieve nor revile.’
  • ‘As those Brahmanas who, after receiving instruction, do not honour their teacher by their speech, in their hearts or by their acts, will not be profitable to their teacher, even so that sacred learning (which they acquired) will not profit them.’
  • ‘As fire consumes dry grass, even so the Veda, asked for, (but) not honoured, (destroys the enquirer). Let him not proclaim the Veda to that man, who does not show him honour according to his ability.’
  • The (lawful) occupations of a Brahmana are six,
  • Studying the Veda, teaching, sacrificing for himself, sacrificing for others, giving alms, and accepting gifts.
  • (The lawful occupations) of a Kshatriya are three,
  • Studying, sacrificing for himself, and bestowing gifts;
  • And his peculiar duty is to protect the people with his weapons; let him gain his livelihood thereby.
  • (The lawful occupations) of a Vaisya are the same (as those mentioned above, Sutra 16),
  • Besides, agriculture, trading, tending cattle, and lending money at interest,
  • To serve those (superior castes) has been fixed as the means of livelihood for a Sudra.
  • (Men of) all (castes) may wear their hair arranged according to the customs fixed (for their family), or allow it to hang down excepting the lock on the crown of the head.
  • Those who are unable to live by their own lawful occupation may adopt (that of) the next inferior (caste),
  • But never (that of a) higher (caste).
  • (A Brahmana and a Kshatriya) who have resorted to a Vaisya’s mode of living, and maintain themselves by trade (shall not sell) stones, salt, hempen (cloth), silk, linen (cloth), and skins,
  • Nor any kind of dyed cloth,
  • Nor prepared food, flowers, fruit, roots, per-fumes, substances (used for) flavouring (food); nor water, the juice extracted from plants; nor Soma, weapons, poison; nor flesh, nor milk, nor preparations from it, iron, tin, lac, and lead,
  • Now they quote also (the following verse): ‘By (selling) flesh, lac, and salt a Brahmana at once becomes an outcast; by selling milk he becomes (equal to) a Sudra after three days.’
  • Among tame animals those with uncloven hoofs, and those that have an abundance of hair, (must not be sold), nor any wild animals, (nor) birds, nor beasts that have tusks (or fangs).
  • Among the various kinds of grain they mention sesamum (as forbidden).
  • 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 his own ordure.’
  • Or, at pleasure, they may sell (sesamum), if they themselves have produced it by tillage.
  • For that purpose he shall plough before breakfast with two bulls whose noses have not been pierced.
  • (If he ploughs) in the hot season, he shall water (his beasts even in the morning).
  • The plough is attended by strong males, provided with a useful share and with a handle (to be held) by the drinker of Soma; that raises (for him) a cow, a sheep, a stout damsel, and a swift horse for the chariot.
  • The plough is attended by strong males, i.e. is attended by strong men and bullocks, provided with a useful share—for its share is useful (because) with the share it raises, i.e. pierces deep—and provided with a handle for the drinker of Soma,—for Soma reaches him,—possessing a handle for him. That raises a cow, a sheep, goats, horses, mules, donkeys and camels, and a stout damsel, i.e. a beautiful, useful maiden in the flower of her youth.
  • For how could the plough raise (anything for him) if he did not sell grain?
  • Substances used for flavouring may be bartered for (other) substances of the same kind, be it for one more valuable or for one worth less.
  • But salt must never (be exchanged) for (other) substances-used for flavouring (food).
  • It is permitted to barter sesamum, rice, cooked food, learning, and slaves (each for its own kind and the one for the other).
  • A Brahmana and a Kshatriya shall not lend (anything at interest acting like) usurers.
  • Now they quote also (the following verses): ‘He who acquiring property cheap, gives it for a high price, is called a usurer and blamed among those who recite the Veda.’
  • ‘(Brahman) weighed in the scales the crime of killing a learned Brahmana against (the crime of) usury; the slayer of the Brahmana remained at the top, the usurer sank downwards.’
  • Or, at pleasure, they may lend to a person who entirely neglects his sacred duties, and is exceedingly wicked,
  • Gold (taking) double (its value on repayment, and) grain trebling (the original price).
  • (The case of) flavouring substances has been explained by (the rule regarding) grain,
  • As well as (the case of) flowers, roots, and fruit.
  • (They may lend) what is sold by weight, (taking) eight times (the original value on repayment).
  • Now they quote also (the following verses): ‘Two in the hundred, three and four and five, as has teen declared in the Smriti, he may take as interest by the month according to the order of the castes.’
  • ‘But the king’s death shall stop the interest on money (lent);’
  • ‘And after the coronation of (a new) king the capital grows again.’
  • ‘Hear the interest for a moneylender declared by the words of Vasishtha, five mash’s for twenty (karshapanas may be taken every month); thus the law is not violated.’
Laws for Brahmanas
  • (Brahmanas) who neither study nor teach the Veda nor keep sacred fires become equal to Sudras;
  • And they quote a verse of Manu on this (subject), ‘A twice-born man, who not having studied the Veda applies himself to other (and worldly study), soon falls, even while living, to the condition of a Sudra, and his descendants after him.’
  • ‘(A twice-born man) who does not know the Veda (can)not be (called) a Brahmana, nor he who lives by trade, nor he who (lives as) an actor, nor he who obeys a Sudra’s commands, nor (he who like) a thief (takes the property of others), nor he who makes his living by the practice of medicine.’
  • ‘The king shall punish that village where Brahmanas, unobservant of their sacred duties and ignorant of the Veda, subsist by begging; for it feeds robbers.’
  • ‘Many thousands (of Brahmanas) cannot form a (legal) assembly (for declaring the sacred law), if they have not fulfilled their sacred duties, are unacquainted with the Veda, and subsist only by the name of their caste.’
  • ‘That sin which dunces, perplexed by ignorance and unacquainted with the sacred law, declare (to be duty) shall fall, increased a hundredfold, on those who propound it.’
  • ‘What four or (even) three (Brahmanas) who have completely studied the Vedas proclaim, that must be distinctly recognised as the sacred law, not (the decision) of a thousand fools.’
  • ‘Offerings to the gods and to the manes must always be given to a Srotriya alone. For gifts bestowed on a man unacquainted with the Veda, reach neither the ancestors nor the gods.’
  • ‘If a fool lives even in one’s house and a (Brahmana) deeply learned in the Veda lives at a great distance, the learned man shall receive the gift. The sin of neglecting (a Brahmana is not incurred) in (the case of) a fool.’
  • ‘The offence of neglecting a Brahmana cannot be committed against a twice-born man who is ignorant of the Veda. For (in offering sacrifices) one does not pass by a brilliant fire and throw the oblations into ashes.’
  • An elephant made of wood, an antelope made of leather, and a Brahmana ignorant of the Veda, those three have nothing but the name (of their kind).
  • ‘Those kingdoms, where ignorant men eat the food of the learned, will be visited by drought; or (some other) great evil will befall (them).’
  • If anybody finds treasure (the owner of) which is not known, the king shall take it, giving one sixth to the finder.
  • If a Brahmana who follows the six (lawful) occupations, finds it, the king shall not take it.
  • They declare that the slayer commits no crime by killing an assassin.
  • Now they quote also (the following verses): ‘An incendiary, likewise a poisoner, one who holds a weapon in his hand (ready to kill), a robber, he who takes away land, and he who abducts (another man’s) wife, these six are called assassins (atatayin).’
  • ‘He may slay an assassin who comes with the intention of slaying, even though he knows the whole Veda together with the Upanishads; by that (act) he (does) not (incur the guilt of) the slayer of a Brahmana.’
  • ‘He who slays an assassin learned in the Veda and belonging to a noble family, does not incur by that act the guilt of the murderer of a learned Brahmana.; (in) that (case) fury recoils upon fury.’
  • Persons who sanctify the company are, a Trinakiketa, one who keeps five fires, a Trisuparna, one who (knows the texts required for) the four sacrifices (called Asvamedha, Purushamedha, Sarvamedha, and Pitrimedha), one who knows the Vagasaneyi-sakha of the White Yagur-veda, one who knows the six Angas, the son of a female married according to the Brahma-rite, one who knows the first part of the Samaveda Samhita, one who sings the Gyeshthasaman, one who knows the Samhita and the Brahmana, one who studies (the treatises on) the sacred law, one whose ancestors to the ninth degree, both on the mother’s and on the father’s side, are distinctly known to have been Srotriyas, and learned men and Snatakas.
  • (Four students of) the four Vedas, one who knows the Mimamsa, one who knows the Aegas, a teacher of the sacred law, and three eminent men who are in three (different) orders, (compose) a (legal) assembly consisting at least of ten (members).
  • He who initiates (a pupil) and teaches him the whole Veda is called the teacher (akarya).
  • But he who (teaches) a portion (of the Veda only is called) the sub-teacher (upadhyaya);
  • So is he who (teaches) the Aegas of the Veda.
  • A Brahmana and a Vaisya may take up arms in self-defence, and in (order to prevent) a confusion of the castes.
  • But that (trade of arms) is the constant (duty) of a Kshatriya, because he is appointed to protect (the people).
  • Having washed his feet and his hands up to the wrist, and sitting with his face turned towards the east or towards the north, he shall thrice sip water out of the Tirtha sacred to Brahman, (i.e.) the part of the hand above the root of the thumb, without uttering any sound;
  • He shall twice wipe (his mouth with the root of the thumb);.
  • He shall touch the cavities (of the head) with water;
  • He shall pour water on his head and on the left hand;
  • He shall not sip water while walking, standing., lying down or bending forward.
  • A Brahmana (becomes pure) by (sipping) water, free from bubbles and foam, that reaches his heart,
  • But a Kshatriya by (sipping water) that reaches his throat,
  • A Vaisya by (sipping water) that wets his palate,
  • A woman and a Sudra by merely touching water (with the lips).
  • Water (for sipping may) even (be taken) out of a hole in the ground, if it is fit to slake the thirst of cows.
  • (He shall not purify himself with water) which has been defiled with colours, perfumes, or flavouring substances, nor with such as is collected in unclean places.
  • Drops (of saliva) falling from the mouth, which do not touch a limb of the body, do not make (a man) impure.
  • If, after having sipped water, he sleeps, eats, sneezes, drinks, weeps or bathes, or puts on a dress, he must again sip water,
  • Likewise, if he touches (that part of) the lips on which no hair grows.
  • No defilement is caused by the hair of the moustache (entering the mouth).
  • If (remnants of food) adhere to the teeth, (they are pure) like the teeth, and he is purified by swallowing those which (become detached) in the mouth.
  • He is not defiled by the drops which fall on his feet, while somebody gives to others water for sipping; they are stated to be equally (clean) as the ground.
  • If, while occupied with eatables, he touches any impure substance, then he shall place that thing (which he holds in his hand) on the ground, sip water and afterwards again use it.
  • Let him sprinkle with water all objects (the purity of) which may be doubtful.
  • ‘Both wild animals killed by dogs, and fruit thrown by birds (from the tree), what has been spoilt by children, and what has been handled by women,’
  • ‘A vendible commodity tendered for sale and what is not dirtied by gnats and flies that have settled on it,’
  • ‘Likewise water collected on the ground that quenches the thirst of cows,—enumerating all these things, the Lord of created beings has declared them to be pure.’
  • Anything defiled by unclean (substances) becomes pure when the stains and the smell have been removed by water and earth.
  • (Objects) made of metal must be scoured with ashes, those made of clay should be thoroughly heated by fire, those made of wood should be planed, and (cloth) made of thread should be washed.
  • Stones and gems (should be treated) like objects made of metal,
  • Conch-shells and pearl-shells like gems,
  • (Objects made of) bone like wood,
  • Ropes, chips (of bamboo), and leather become pure (if treated) like clothes,
  • (Objects) made of fruits, (if rubbed) with (a brush of) cow hair,
  • Linen cloth, (if smeared) with a paste of yellow mustard (and washed afterwards with water).
  • But land becomes pure, according to the degree of defilement, by sweeping (the defiled spot), by smearing it with cowdung, by scraping it, by sprinkling (water) or by heaping (pure earth) on (it).
  • Now they quote also (the following verses): ‘Land is purified by these four methods, by digging, burning, scraping, being trodden on by cows, and fifthly by being smeared with cowdung.’
  • ‘A woman is purified by her monthly discharge, a river by its current, brass by (being scoured with) ashes, and an earthen pot by another burning.’
  • ‘But an earthen vessel which has been defiled by spirituous liquor, urine, ordure, phlegm, pus, tears, or blood cannot be purified even by another burning.’
  • ‘The body is purified by water, the internal organ by truth, the soul by sacred learning and austerities, and the understanding by knowledge.’
  • Gold is purified by water alone,
  • Likewise silver,
  • Copper is cleansed by acids.
  • The Tirtha sacred to the Gods lies at the root of the little finger,
  • That sacred to the Rishis in the middle of the fingers,
  • That sacred to Men at the tips of the fingers,
  • That sacred to Agni (fire) in the middle of the hand,
  • That sacred to the Manes between the forefinger and the thumb.
  • He shall honour (his food at) the evening and morning meals (saying), ‘It pleases me,’
  • At meals in honour of the Manes (saying), I have dined well,’
  • At (a dinner given on the occasion of) rites procuring prosperity (saying), ‘It is perfect:
Distinguishment of Castes
  • The four castes are distinguished by their origin and by particular sacraments.
  • There is also the following passage of the Veda, ‘The Brahmana was his mouth, the Kshatriya formed his arms, the Vaisya his thighs; the Sudra was born from his feet.’
  • It has been declared in (the following passage of) the Veda that (a Sudra) shall not receive the sacraments, ‘He created the Brahmana with the Gayatri (metre), the Kshatriya with the Trishtubh, the Vaisya with the Gagati, the Sudra without any metre.’
  • Truthfulness, suppression of anger, liberality, abstention from injuring living beings, and the procreation of offspring (are duties common to) all (castes).
  • The Manava (Sutra states), ‘Only when he worships the manes and the gods, or honours guests, he may certainly do injury to animals.’
  • ‘On offering a Madhuparka (to a guest), at a sacrifice, and at the rites in honour of the manes, but on these occasions only may an animal be slain; that (rule) Manu proclaimed.’
  • ‘Meat can never be obtained without injuring living beings, and to injure living beings does not procure heavenly bliss; therefore the (sages declare) the slaughter (of beasts) at a sacrifice not to be slaughter (in the ordinary sense of the word).’
  • ‘Now he may also cook a full-grown ox or a full-grown he-goat for a Brahmana or Kshatriya guest; in this manner they offer hospitality to such (a man).’
  • Libations of water (must be poured out) for all (deceased relatives) who completed the second year and (their death causes) impurity.
  • Some declare that (this rule applies also to children) that died after teething.
  • After having burnt the body (of the deceased, the relatives) enter the water without looking at (the place of cremation),
  • Facing the south, they shall pour out water with both hands on (those days of the period of impurity) which are marked by odd numbers.
  • The south, forsooth, is the region sacred to the manes.
  • After they have gone home, they shall sit during three days on mats, fasting.
  • If they are unable (to fast so long), they shall subsist on food bought in the market or given unasked.
  • It is ordered that impurity caused by a death shall last ten days in the case of Sapinda relations.
  • It has been declared in the Veda that Sapinda relationship extends to the seventh person (in the ascending or descending line).
  • It has been declared in the Veda that for married females it extends to the third person (in the ascending or descending line).
  • Others (than the blood-relations) shall perform (the obsequies) of married females,
  • (The rule regarding impurity) should be exactly the same on the birth of a child for those men who desire complete purity,
  • Or for the mother and the father (of the child alone); some (declare that it applies) to the mother (only), because she is the immediate cause of that (event).
  • Now they quote also (the following verse): On the birth (of a child) the male does not become impure if he does not touch (the female); on that (occasion) the menstrual excretion must be known to be impure, and that is not found in males.’
  • If during (a period of impurity) another (death or birth) happens, (the relatives) shall be pure after (the expiration of) the remainder of that (first period);
  • (But) if one night (and day only of the first period of impurity) remain, (they shall be pure) after two (days and nights);
  • (If the second death or birth happens) on the morning (of the day on which the first period of impurity expires, they shall be purified) after three (days and nights).
  • A Brahmana is freed from impurity (caused by a death or a birth) after ten days,
  • A Kshatriya after fifteen days,
  • A Vaisya after twenty days,
  • A Sudra after a month.
  • Now they quote also (the following verses): ‘But (a twice-born man) who has eaten (the food) of a Sudra during impurity caused by a death or a birth, will suffer dreadful (punishment in) hell and be born again in the womb of an animal.’
  • ‘A twice-born man who eats by appointment in the house of a stranger whose ten days of impurity, caused by a death, have not expired, after death will become a worm and feed on the ordure of that (man who fed him).’
  • It has been declared in the Veda, ‘(Such a sinner) becomes pure by reciting the Samhita of the Veda for twelve months or for twelve half-months while fasting.’
  • On the death of a child of less than two years or on a miscarriage, the impurity of the Sapindas lasts three (days and) nights.
  • Gautama (declares that on the former occasion they become) pure at once.
  • If (a person) dies in a foreign country and (his Sapindas) hear (of his death) after ten days (or a longer period), the impurity lasts for one (day and) night.
  • Gautama (declares that) if a person who has kindled the sacred fire dies on a journey, (his Sapindas shall) again celebrate his obsequies, (burning a dummy made of leaves or straw), and remain impure (during ten days) as if (they had actually buried) his corpse.
  • When he has touched a sacrificial post, a pyre, a burial-ground, a menstruating or a lately confined woman, impure men or (Kandalas and so forth), he shall bathe, submerging both his body and his head.
Laws for Chastity of Women
  • A woman is not independent, the males are her masters. It has been declared in the Veda, ‘A female who neither goes naked nor is temporarily unclean is paradise.’
  • Now they quote also (the following verse): ‘Their fathers protect them in childhood, their husbands protect them in youth, and their sons protect them in age; a woman is never fit for independence.’
  • The penance (to be performed) by a (wife) for being unfaithful to her husband has been declared in the (section on) secret penances.
  • For month by month the menstrual excretion takes away her sins.
  • A woman in her courses is impure during three (days and) nights.
  • (During that period) she shall not apply collyrium to her eyes, nor anoint (her body), nor bathe in water; she shall sleep on the ground; she shall not sleep in the daytime, nor touch the fire, nor make a rope, nor clean her teeth, nor eat meat, nor look at the planets, nor smile, nor busy herself with (house-hold affairs), nor run; she shall drink out of a large vessel, or out of her joined hands, or out of a copper vessel.
  • For it has been declared in the Veda, ‘When Indra had slain (Vritra) the three-headed son of Tvashtri, he was seized by Sin, and he considered himself to be tainted with exceedingly great guilt. All beings cried out against him (saying to him), ‘ thou slayer of a learned Brahmana! O thou slayer of a learned Brahmana!’ He ran to the women for protection (and said to them), ‘Take upon yourselves the third part of this my guilt (caused by) the murder of a learned Brahmana.’ They answered, ‘’What shall we have (for doing thy wish)?’ He replied, ‘Choose a boon.’ They said, ‘Let us obtain offspring (if our husbands approach us) during the proper season, at pleasure let us dwell (with our husbands until (our children) are born.’ He answered, ‘So be it.’ (Then) they took upon themselves (the third part of his guilt). That guilt of Brahmana-murder appears every month as the menstrual flow. Therefore let him not eat the food of a woman in her courses; (for) such a one has put on the shape of the guilt of Brahmana-murder.
  • (Those who recite the Veda) proclaim the following (rule): ‘Collyrium and ointment must not be accepted from her; for that is the food of women. Therefore they feel a loathing for her (while she is) in that (condition, saying), “She shall not approach.”’
  • ‘Those (Brahmanas in) whose (houses) menstruating women sit, those who keep no sacred fire, and those in whose family there is no Srotriya; all these are equal to Sudras.’
Rules for Conduct
  • (To live according to) the rule of conduct is doubtlessly the highest duty of all men. He whose soul is defiled by vile conduct perishes in this world and in the next.
  • Neither austerities, nor (the study of) the Veda, nor (the performance of) the Agnihotra, nor lavish liberality can ever save him whose conduct is vile and who has strayed from this (path of duty).
  • The Vedas do not purify him who is deficient in good conduct, though he may have learnt them all together with the six Aegas; the sacred texts depart from such a man at death, even as birds, when full-fledged, leave their nest.
  • As the beauty of a wife causes no joy to a blind man, even so all the four Vedas together with the six Aegas and sacrifices give no happiness to him who is deficient in good conduct.
  • The sacred texts do not save from sin the deceitful man who behaves deceitfully. But that Veda, two syllables of which are studied in the right manner, purifies, just as the clouds (give beneficent rain) in the month of Isha.
  • A man of bad conduct is blamed among men, evils befal him constantly, he is afflicted with disease and short-lived.
  • Through good conduct man gains spiritual merit, through good conduct he gains wealth, through good conduct he obtains beauty, good conduct obviates the effect of evil marks.
  • A man who follows the rule of conduct established among the virtuous, who has faith and is free from envy, lives a hundred years, though he be destitute of all auspicious marks.
  • But a man who knows the sacred law shall perform in secret all acts connected with eating, the natural evacuations and dalliance with (his wife); business to be accomplished by speech or intellect, likewise austerities, wealth, and age, must be most carefully concealed.
  • And a man shall void both urine and faeces, facing the north, in the daytime, but at night he shall do it turning towards the south; for (if he acts) thus, his life will not be injured.
  • The intellect of that man perishes who voids urine against a fire, the sun, a cow, a Brahmana, the moon, water, and the morning or evening twilights.
  • Let him not void urine in a river, nor on a path, nor on ashes, nor on cowdung, nor on a ploughed field, nor on one which has been sown, nor on a grass-plot, nor in the shade (of trees) that afford protection (to travellers).
  • Standing in the shade (of houses, clouds, and so forth), when it is quite dark, and when he fears for his life, a Brahmana may void urine, by day and by night, in any position he pleases.
  • (Afterwards) he shall perform the necessary (purification) with water fetched for the purpose (from a tank or river, and with earth).
  • For a bath water not fetched for the purpose (may also be used).
  • (For the purpose of purification) a Brahmana shall take earth that is mixed with gravel, from the bank (of a river).
  • Five kinds of earth must not be used, viz. such as is covered by water, such as lies in a temple, on an ant-hill, on a hillock thrown up by rats, and that which has been left by one who cleaned himself.
  • The organ (must be cleaned by) one (application of) earth, the (right) hand by three, but both (feet) by two, the anus by five, the one (i.e. the left hand) by ten, and both (hands and feet) by seven (applications of earth).
  • Such is the purification ordained for householders; it is double for students, treble for hermits, but quadruple for ascetics.
  • Eight mouthfuls are the meal of an ascetic, sixteen that of a hermit, but thirty-two that of a householder, and an unlimited quantity that of a student.
  • An Agnihotrin, a draught-ox, and a student, those three can do their work only if they eat (well); without eating (much), they cannot do it.
  • (The above rule regarding limited allowances of food holds good) in the case of penances, of self-imposed restraint, of sacrifices, of the recitation of the Veda, and of (the performance of other) sacred duties.
  • The qualities by which a (true) Brahmana may be recognised are, the concentration of the mind, austerities, the subjugation of the senses, liberality, truthfulness, purity, sacred learning, compassion, worldly learning, intelligence, and the belief (in the existence of the deity and of a future life).
  • One may know that bearing grudges, envy, speaking untruths, speaking evil of Brahmanas, backbiting, and cruelty are the characteristics of a Sudra.
  • Those Brahmanas can save (from evil) who are free from passion, and patient of austerities, whose ears have been filled with the texts of the Veda, who have subdued the organs of sensation and action, who have ceased to injure animated beings, and who close their hands when gifts are offered.
  • Some become worthy receptacles of gifts through sacred learning, and some through the practice of austerities. But that Brahmana whose stomach does not contain the food of a Sudra, is even the worthiest receptacle of all.
  • If a Brahmana dies with the food of a Sudra in his stomach, he will become a village pig (in his next life) or be born, in the family of that (Sudra).
  • For though a (Brahmana) whose body is nourished by the essence of a Sudra’s food may daily recite the Veda, though he may offer (an Agnihotra) or mutter (prayers, nevertheless) he will not find the path that leads upwards.
  • But if, after eating the food of a Sudra, he has conjugal intercourse, his sons will belong to the giver of the food, and he shall not ascend to heaven.
  • They declare that he is worthy to receive gifts, who (daily) rises to recite the Veda, who is of good family, and perfectly free from, passion, who constantly offers sacrifices in the three sacred fires, who fears sin, and knows much, who is beloved among the females (of his family), who is righteous, protects cows, and reduces himself by austerities.
  • Just as milk, sour milk, clarified butter, and honey poured into an unburnt earthen vessel, perish, owing to the weakness of the vessel, and neither the vessel nor those liquids (remain),
  • Even so a man destitute of sacred learning, who accepts cows or gold, clothes, a horse, land, (or) sesamum, becomes ashes, as (if he were dry) wood.
  • He shall not make his joints or his nails crack,
  • Nor shall he make a vessel ring with his nails.
  • Let him not drink water out of his joined hands.
  • Let him not strike the water with his foot or his hand,
  • Nor (pour) water into (other) water.
  • Let him not gather fruit by throwing brickbats,
  • Nor by throwing another fruit at it.
  • He shall not become a hypocrite or deceitful.
  • Let him not learn a language spoken by barbarians.
  • Now they quote’ also (the following verses): ‘The opinion of the Sishtas is, that a man shall not be uselessly active, neither with his hands and his feet, nor with his eyes, nor with his tongues and his body.’
  • ‘Those Brahmanas, in whose families the study of the Veda and of its supplements is hereditary, and who are able to adduce proofs perceptible by the senses from the revealed texts, must be known to be Sishtas.’
  • ‘He is a (true) Brahmana regarding whom no one knows if he be good or bad, if he be ignorant or deeply learned, if he be of good or of bad conduct.’
The Four Stages of Life
  • There are four orders,
  • Viz. (that of) the student, (that of) the householder, (that of) the hermit, and (that of) the ascetic.
  • A man who has studied one, two, or three Vedas without violating the rules of studentship, may enter any of these (orders), whichsoever he pleases.
  • A (professed) student shall serve his teacher until death;
  • And in case the teacher dies, he shall serve the sacred fire.
  • For it has been declared in the Veda, ‘The fire is thy teacher:’
  • (A student, whether professed or temporary), shall bridle his tongue;
  • He shall eat in the fourth, sixth, or eighth hour of the day.
  • He shall go out in order to beg.
  • He shall obey his teacher.
  • He either (may wear all his hair) tied in a knot or (keep merely) a lock on the crown of his head tied in a knot, (shaving the other parts of the head.)
  • If the teacher walks, he shall attend him walking after him; if the teacher is seated, standing; if the teacher lies down, seated.
  • He shall study after having been called (by the teacher, and not request the latter to begin the lesson).
  • Let him announce (to the teacher) all that he has received (when begging), and eat after permission (has been given to him).
  • Let him avoid to sleep on a cot, to clean his teeth, to wash (his body for pleasure), to apply collyrium (to his eyes), to anoint (his body), and to wear shoes or a parasol.
  • (While reciting his prayers) he shall stand in the daytime and sit down at night.
  • Let him bathe three times a day.
  • (A student who desires to become) a householder shall bathe, free from anger and elation, with the permission of his teacher, and take for a wife a young female of his own caste, who does neither belong to the same Gotra nor has the same Pravara, who has not had intercourse (with another man),
  • Who is not related within four degrees on the mother’s side, nor within six degrees on the fathers side.
  • Let him kindle the nuptial fire.
  • Let him not turn away a guest who comes in the evening.
  • (A guest) shall not dwell in his house without receiving food.
  • If a Brahmana who has come for shelter to the house of a (householder) receives no food, on departure he will take with him all the spiritual merit of that (churlish host).
  • But a Brahmana who stays for one night only is called a guest. For (the etymological import of the word) atithi (a guest) is ‘he who stays for a short while only.’
  • A Brahmana who lives in the same village (with his host) and a visitor on business, or pleasure (are) not (called guests. But a guest), whether he arrives at the moment (of dinner) or at an inopportune time, must not stay in the house of a (householder) without receiving food.
  • (A householder) who has faith, is free from covetousness, and (possesses wealth) sufficient for (performing) the Agnyadheya-sacrifice, must become an Agnihotrin.
  • He (who possesses wealth) sufficient for (the expenses of) a Soma, sacrifice shall not abstain from offering it.
  • (A householder) shall be industrious in reciting the Veda, offering sacrifices, begetting children, and (performing his other duties).
  • Let him honour visitors (who come) to his house by rising to meet them, by (offering them) seats, by speaking to them kindly and extolling their virtues,
  • And all creatures by (giving them) food according to his ability.
  • A householder alone performs sacrifices, a householder alone performs austerities, and (therefore) the order of householders is the most distinguished among the four.
  • As all rivers, both great and small, find a resting-place in the ocean, even so men of all orders find protection with householders.
  • As all creatures exist through the protection afforded by their mothers, even so all mendicants subsist through the protection afforded by householders.
  • A Brahmana who always carries water (in his gourd), who always wears the sacred thread, who daily recites the Veda, who avoids the food of outcasts, 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.
  • A hermit shall wear (his hair in) braids, and dress (in garments made of) bark and skins;
  • And he shall not enter a village.
  • He shall not step on ploughed (land).
  • He shall gather wild growing roots and fruit (only).
  • He shall remain chaste.
  • His heart shall be full of meekness.
  • He shall honour guests coming to his hermitage with alms (consisting of) roots and fruit.
  • He shall only give, not receive (presents).
  • He shall bathe at morn, noon, and eve.
  • Kindling a fire according to the (rule of the) Sramanaka (Sutra), he shall offer the Agnihotra.
  • After (living in this manner during) six months, he shall dwell at the root of a tree, keeping no fire and having no house.
  • He (who in this manner) gives (their due) to gods, manes, and men, will attain endless (bliss in) heaven.
  • Let an ascetic depart from his house, giving a promise of safety from injury to all animated beings.
  • Now they quote also (the following verses): ‘That ascetic who wanders about at peace with all creatures, forsooth, has nothing to fear from any living being,’
  • ‘But he who becomes an ascetic and does not promise safety from injury to all beings, destroys the born and the unborn; and (so does an ascetic) who accepts presents.’
  • Let him discontinue the performance of all religious ceremonies, but let him never discontinue the recitation of the Veda. By neglecting the Veda he becomes a Sudra; therefore he shall not neglect it.’
  • ‘(To pronounce) the one syllable (Om) is the best (mode of reciting the) Veda, to suppress the breath is the highest (form of) austerity; (to subsist on) alms is better than fasting; compassion is preferable to liberality.’
  • (Let the ascetic) shave (his head); let him have no property and no home.
  • Let him beg food at seven houses which he has not selected (beforehand),
  • (At the time) when the smoke (of the kitchen-fire) has ceased and the pestle lies motionless.
  • Let him wear a single garment,
  • Or cover his body with a skin or with grass that has been nibbled at by a cow.
  • Let him sleep on the bare ground.
  • Let him frequently change his residence,
  • (Dwelling) at the extremity of the village, in a temple, or in an empty house, or at the root of a tree.
  • Let him (constantly) seek in his heart the knowledge (of the universal soul).
  • (An ascetic) who lives constantly in the forest,
  • Shall not wander about within sight of the village-cattle.
  • ‘Freedom from future births is certain for him who constantly dwells in the forest, who has subdued his organs of sensation and action, who has renounced all sensual gratification, whose mind is fixed in meditation on the Supreme Spirit, and who is (wholly) indifferent (to pleasure and pain).’
  • (Let him) not (wear) any visible mark (of his order), nor (follow) any visible rule of conduct.
  • Let him, though not mad, appear like one out of his mind.
  • Now they quote also (the following verses): ‘There is no salvation for him who is addicted to the pursuit of the science of words, nor for him who rejoices in captivating men, nor for him who is fond of (good) eating and (fine) clothing, nor for him who loves a pleasant dwelling.’
  • ‘Neither by (explaining) prodigies and omens, nor by skill in astrology and palmistry, nor by casuistry and expositions (of the Sastras), let him ever seek to obtain alms.’
  • ‘Let him not be dejected when he obtains nothing, nor glad when he receives something. Let him only seek as much as will sustain life, without caring for household property.’
  • ‘But he, forsooth, knows (the’ road to) salvation who cares neither for a hut, nor for water, nor for clothes, nor for the three Pushkaras’ (holy tanks), nor for a house, nor for a seat, nor for food.’
  • In the morning and in the evening he may eat as much (food) as he obtains in the house of one Brahmana, excepting honey and meat,
  • And he shall not (eat so much that he is quite) satiated.
  • At his option (an ascetic) may (also) dwell in a village.
  • Let him not be crooked (in his ways); (let him) not (observe the rules of) impurity on account of deaths (or births); let him not have a house; let him be of concentrated mind.
  • Let him not enjoy any object of sensual gratification.
  • Let him be (utterly) indifferent, avoiding to do injury or to show kindness to any living being.
  • To avoid backbiting, jealousy, pride, self-consciousness, unbelief, dishonesty, self-praise, blaming others, deceit, covetousness, delusion, anger, and envy is considered to be the duty of (men of) all orders.
  • A Brahmana who wears the sacred thread, who holds in his hand a gourd filled with water, who is pure and avoids the food of Sudras will not fail (to gain) the world of Brahman.
Other Household Laws
  • Six persons are (particularly) worthy to receive the honey-mixture (madhuparka),
  • (Viz.) an officiating priest, the bridegroom of one’s daughter, a king, a paternal uncle, a Snataka, a maternal uncle, as well as (others enumerated elsewhere).
  • (A householder) shall offer, both at the morning and the evening (meals, a portion) of the prepared (food) to the Visve Devas in the (sacred) domestic fire.
  • Let him give a Bali-offering to the (guardian) deities of the house,
  • (Thereafter) let him give a portion, one Pala in weight, to a Srotriya or to a student, (and afterwards an offering) to the manes.
  • Next let him feed his guests in due order, the worthiest first,
  • (Thereafter) the maidens, the infants, the aged, the half-grown members of his family, and pradatas,
  • Then the other members of his family.
  • (Outside the house) he shall throw (some food) on the ground for the dogs, Kandalas, outcasts, and crows.
  • He may give to a Sudra either the fragments (of the meal) or (a portion of) fresh (food).
  • The master of the house and his wife may eat what remains.
  • A fresh meal for which all (the same materials as for the first) are used (may be prepared), if a guest comes after the Vaisvadeva has been offered. For such a (guest) he shall cause to be prepared food (of a) particularly (good quality).
  • For it has been declared in the Veda, ‘A Brahmana guest enters the house resembling the Vaisvanara fire. Through., him they obtain rain, and food through rain. Therefore people know that the (hospitable reception of a guest) is a ceremony averting evil.’
  • Having fed the (guest), he shall honour him.
  • He shall accompany him to the boundary (of the village) or until he receives permission (to return).
  • Let him present (funeral offerings) to the manes during the dark half of the month (on any day) after the fourth.
  • After issuing an invitation on the day preceding (the Sraddha, he shall feed on that occasion) three ascetics or three virtuous householders, who are Srotriyas, who are not very aged, who do not follow forbidden occupations, and neither (have been his) pupils, nor are (living as) pupils in his house.
  • He may also feed pupils who are endowed with good qualities.
  • Let him avoid men neglecting their duties, those afflicted with white leprosy, eunuchs, blind men, those who have black teeth, those who suffer from black leprosy, (and) those who have deformed nails.
  • Now they quote also (the following verses): ‘Now, if a (Brahmana) versed in the Vedas is afflicted with bodily (defects) which exclude him from the company, Yama declares him to be irreproachable. Such (a man) sanctifies the company.’
  • ‘At a funeral sacrifice the fragments (of the meal) must not be swept away until the end of the day. For streams of nectar flow (from them, and the manes of) those who have received no libations of water drink (them).’
  • ‘But let him not sweep up the fragments (of the meal) before the sun has set. Thence issue rich streams of milk for those who obtain a share with difficulty.’
  • ‘Manu declares that both the remainder (in the vessels) and the fragments (of the meal) certainly are the portion of those members of the family who died before receiving the sacraments.’
  • ‘Let him give the fragments that have fallen on the ground and the portion scattered (on the blades of Kusa grass), which consists of the wipings and water, as their food, to the manes of those who died without offspring and of those who died young.’
  • ‘The malevolent Asuras seek an opportunity (to snatch away) that food intended for the manes, which is not supported with both hands;’
  • ‘Therefore let him not offer it (to the Brahmanas) without holding (a spoon) in his hand; or let him stand, holding the dish (with both hands, until) leavings of both kinds (have been produced).’
  • ‘He shall feed two (Brahmanas) at the offering to the gods, and three at the offering to the manes, or a single man on either occasion; even a very wealthy man shall not be anxious (to entertain) a large company.’
  • ‘A large company destroys these five (advantages), the respectful treatment (of the invited guests, the propriety of) time and place, purity and (the selection of) virtuous Brahmana (guests); therefore he shall not (invite a large number).’
  • ‘Or he may entertain (at a Sraddha) even a single Brahmana who has studied the whole Veda, who is distinguished by learning and virtue, and is free from all evil marks (on his body).’
  • ‘(But) how can the oblation to the gods be made if he feeds a single Brahmana at a funeral sacrifice? Let him take (a portion) of each (kind of) food that has been prepared (and put it) into a vessel;’
  • ‘Let him place it in the sanctuary of a god and afterwards continue (the performance of) the funeral sacrifice. Let him offer that food in the fire or give it (as alms) to a student.’
  • ‘As long as the food continues warm, as long as they eat in silence, as long as the qualities of the food are not declared (by them), so long the manes feast on it.’
  • ‘The qualities of the food must not be declared as long as the (Brahmanas who represent the) manes are not satiated. Afterwards when they are satisfied, they may say, “Beautiful is the sacrificial food.”’
  • ‘But an ascetic who, invited to dine at a sacrifice of the manes or of the gods, rejects meat, shall go to hell for as many years as the slaughtered beast has hairs.’
  • ‘Three (things are held to) sanctify a funeral sacrifice, a daughter’s son, the midday, and sesamum grains; and they recommend three (other things) for it, purity, freedom from anger and from precipitation.’
  • ‘The eighth division of the day, during which the sun’s (progress in the heavens) becomes slow, one must know to be midday; what is (then) given to the manes lasts (them) for a very long time.’
  • ‘The ancestors of that man who has intercourse with a woman after offering or having dined at a Sraddha, feed during a month from that (day) on his semen.’
  • ‘A child that is born from (intercourse immediately) after offering a Sraddha or partaking of a funeral repast, is unable to acquire sacred learning and becomes short-lived.’
  • ‘The father and the grandfather, likewise the great-grandfather, beset a descendant who is born to them, just as birds (fly to) a rig tree;’
  • ‘(Saying), “He will offer to us funeral repasts with honey and meat, with vegetables, with milk and with messes made of milk, both in the rainy season and under the constellation Maghah.”
  • ‘The ancestors always rejoice at a descendant who lengthens the line, who is zealous in performing funeral sacrifices, and who is rich in (images of the) gods and (virtuous) Brahmana (guests).’
  • ‘The manes consider him to be their (true) descendant who offers (to them) food at Gaya, and (by the virtue of that gift) they grant him (blessings), just as husbandmen (produce grain) on well-ploughed (fields).’
  • He shall offer (a Sraddha) both on the full moon days of the months Sravana and Agrahayana and on the Anvashtaki.
  • There is no restriction as to time, if (particularly suitable) materials and (particularly holy) Brahmanas are at hand, or (if the sacrificer is) near (a particularly sacred) place.
  • A Brahmana must necessarily kindle the three sacred fires.
  • He shall offer (in them) the full and new moon sacrifices, the (half-yearly) Agraya.a Ishti, the Katurmasya-sacrifice, the (half-yearly) sacrifices at which animals are slain, and the (annual) Soma-sacrifices.
  • For all this is (particularly) enjoined (in the Veda), and called by way of laudation ‘a debt.’
  • For it is declared in the Veda, ‘A Brahmana is born, loaded with three debts,’ (and further, ‘He owes) sacrifices to the gods, a son to the manes, the study of the Veda to the Rishis; therefore he is free from debt who has offered sacrifices, who has begotten a son, and who has lived as a student (with a teacher).’
  • Let him (ordinarily) initiate a Brahmana in the eighth (year) after conception,
  • A Kshatriya in the eleventh year after conception,
  • A Vaisya in the twelfth year after conception.
  • The staff of a Brahmana (student may) optionally (be made) of Palasa wood,
  • (That) of a Kshatriya optionally of the wood of the Banyan tree,
  • (That) of a Vaisya optionally of Udumbara wood.
  • (The staff) of a Brahmana shall (be of such a length as to) reach the hair,
  • (That) of a Kshatriya the forehead,
  • (That) of a Vaisya the (tip of the) nose.
  • The girdle of a Brahmana shall be made of Munga grass,
  • A bowstring (shall be that) of a Kshatriya,
  • (That) of a Vaisya shall be made of hempen threads.
  • The upper garment of a Brahmana (shall be) the skin of a black antelope,
  • (That) of a Kshatriya the skin of a spotted deer,
  • (That) of a Vaisya a cow-skin or the hide of a he-goat.
  • The (lower) garment of a Brahmana (shall be) white (and) unblemished,
  • (That) of a Kshatriya dyed with madder,
  • (That) of a Vaisya dyed with turmeric, or made of (raw) silk;
  • Or (a dress made of) undyed (cotton) cloth may be worn by (students of) all (castes).
  • A Brahmana shall ask for alms placing (the word) ‘Lady’ first,
  • A Kshatriya placing (the word)’ Lady’ in the middle,
  • A Vaisya placing (the word) Lady’ at the end (of the formula).
  • The time (for the initiation) of a Brahmana has not passed until the completion of the sixteenth year,
  • (For that) of a Kshatriya until the completion of the twenty-second,
  • (For that) of a Vaisya until the completion of the twenty-fourth.
  • After that they become ‘men whose Savitri has been neglected.’
  • Let him not initiate such men, nor teach them, nor sacrifice for them; let them not form matrimonial alliances (with such outcasts).
  • A man whose Savitri has not been performed, may undergo the Uddalaka-penance.
  • Let him subsist during two months on barley-gruel, during one month on milk, during half a month on curds of two-milk whey, during eight days on clarified butter, during six days on alms given without asking, (and) during three days on water, and let him fast for one day and one night.
  • (Or) he may go to bathe (with the priests) at the end of an Asvamedha (horse-sacrifice).
  • Or he may offer a Vratya-stoma.
Duties of Snataka
  • Now, therefore, the duties of a Snataka (will be explained).
  • Let him not beg from anybody except from a king and a pupil.
  • But let him ask, if pressed by hunger, for some (small gift) only, a cultivated or uncultivated field, a cow, a goat or a sheep, (or) at the last extremity, for gold, grain or food.
  • But the injunction (given by those who know the law) is, ‘A Snataka shall not be faint with hunger.’
  • Let him not dwell together with a person whose clothes are foul;
  • (Let him not cohabit) with a woman during her courses,
  • Nor with an unfit one.
  • Let him not be a stay-at-home.
  • Let him not step over a stretched rope to which a calf (or cow) is tied.
  • Let him not look at the sun when he rises or sets.
  • Let him not void excrements or urine in water,
  • Nor spit into it.
  • Let him ease himself, after wrapping up his head and covering the ground with grass that is not fit to be used at a sacrifice, and turning towards the north in the daytime, turning towards the south at night, sitting with his face towards the north in the twilight.
  • Now they quote also (the following verses): ‘But Snatakas shall always wear a lower garment and an upper one, two sacrificial threads, (shall carry) a staff and a vessel filled with water.’
  • ‘It is declared, that (a vessel becomes) pure (if cleaned) with water, or with the hand, or with a stick, or with fire: Therefore he shall clean (his) vessel with water and with his (right) hand.’
  • ‘For Manu, the lord of created beings, calls (this mode of cleaning) encircling it-with fire.’
  • He who is perfectly acquainted with (the rules of) purification shall sip water (out of this vessel), after he has relieved the necessities of nature.’
  • Let him eat his food facing the east.
  • Silently let him swallow the entire mouthful, (introducing it into the mouth) with the four fingers and with the thumb;
  • And let him not make a noise (while eating).
  • Let him approach his wife in the proper season, except on the Parva days.
  • Let him not commit a crime against nature (with her).
  • Now they quote also (the following verse): ‘The ancestors of a man-who commits an unnatural crime with a wedded wife, feed during that month on his semen. All unnatural intercourse is against the sacred law.’
  • It is also declared in the Kathaka, ‘(When) the women (asked) Indra, “May even those among us, who are soon to be mothers, (be allowed to) cohabit with their husbands,” he granted that wish.’
  • Let him not ascend a tree.
  • Let him not descend into a well.
  • Let him not blow the fire with his mouth.
  • Let him not pass between a fire and a Brahmana,
  • Nor between two fires;
  • Nor between two Brahmanas; or (he may do it) after having asked for permission.
  • Let him not dine together with his wife. For it is declared in the Vagasaneyaka, His children will be destitute of manly vigour.’
  • Let him not point out (a rainbow calling it) by (its proper) name, ‘Indra’s bow.’
  • Let him call it ‘the jewelled bow’ (manidhanuh).
  • Let him avoid seats, clogs, sticks for cleaning the teeth, (and other implements) made of Palasa wood.
  • Let him not eat (food placed) in his lap.
  • Let him not eat (food placed) on a chair.
  • Let him carry a staff of bamboo,
  • And (wear) two golden earrings.
  • Let him not wear any visible wreath excepting a golden one;
  • And let him disdain assemblies and crowds.
  • Now they quote also (the following verse): ‘To deny the authority of the Vedas, to carp at the teaching of the Rishis, to waver with respect to any (matter of duty), that is to destroy one’s soul.’
  • Let him not go to a sacrifice except if he is chosen (to be an officiating priest. But) if he goes, he must, on returning home, turn his right hand (towards the place).
  • Let him not set out on a journey when the sun stands over the trees.
  • Let him not ascend an unsafe boat, or (any unsafe conveyance).
  • Let him not cross a river, swimming.
  • When he has risen in the last watch (of the night) and has recited (the Veda) he shall not lie down again.
  • In the Muhurta sacred to Pragapati a Brahmana shall fulfil some sacred duties.
Laws for Recitation of Vedas
  • Now, therefore, the Upakarman (or the rite preparatory to the study) of the Veda (must be performed) on the full moon day of the month Sravana or Praushthapada.
  • Having kindled the sacred fire, he offers (therein) unground (rice) grains,
  • To the gods, to the Rishis, and to the Khandas.
  • Let them begin to study the Vedas, after having made Brahmanas (invited for the purpose) wish ‘welfare’ (svasti), and after having fed them with sour milk,
  • (And continue the Veda-study) during four months and a half or during five months and a half.
  • After (the expiration of) that (period), he may study (the Vedas) during the bright half of each month,
  • But the supplementary treatises (Aegas) of the Veda at pleasure (both during the bright and the dark halves of each month).
  • Interruptions of the (Veda-study shall take place),
  • If it thunders during the twilight,
  • During (both) the twilights (of each day),
  • In towns where a corpse (lies) or Kandalas (stay).
  • At pleasure (he may study seated) in (a place) which has been smeared with cowdung and around which a line has been drawn.
  • (Let him not study) near a burial-ground,
  • (Nor) lying down,
  • Nor when he has eaten or received a gift at a funeral sacrifice;
  • And with reference to this (subject) they quote a verse of Manu, ‘Be it fruit, or water, or sesamum, or food, or whatever be the (gift) at a Sraddha, let him not, having just accepted it, recite the Veda; for it is declared in the Smriti, that the hand of a Brahmana is his mouth.’
  • (Let him not recite the Veda) while he runs, (nor) while a foul smell and the like (are perceptible, nor) on barren ground,
  • (Nor) when he has ascended a tree,
  • (Nor) in a boat or in a camp,
  • Nor after meals while his hands are moist,
  • (Nor) while the sound of a Vana (is heard),
  • (Nor) on the fourteenth day (of each half-month, nor) on the new moon day, (nor) on the eighth day (of each half-month, nor) on an Ashtaka,
  • (Nor) while he stretches his feet out, (nor) while he makes a lap, (nor) while he leans against (something), nor (in any other unbecoming posture),
  • (Nor) close to his Gurus,
  • (Nor) during that night in which he has had conjugal intercourse,
  • (Nor) dressed in that garment which he had on during conjugal intercourse, except if it has been washed,
  • (Nor) at the extremity of a village,
  • (Nor) after (an attack of) vomiting,
  • (Nor) while voiding urine or faeces.
  • (Let him not recite) the Rigveda, the Yagur-veda, and (the Atharvaveda) while the sound of the Saman melodies (is audible), nor (the Saman while the other Vedas are being recited).
  • (Let him not study) before (his food is) digested,
  • (Nor) when a thunderbolt falls,
  • (Nor) when an earthquake happens,
  • Nor when the sun and the moon are eclipsed.
  • When a preternaturally loud sound is heard in the sky, when a mountain falls, (and) when showers of stones, blood or sand (fall from the sky, the Veda must not be read) during the twenty-four hours (immediately succeeding the event).
  • If meteors and lightning appear together, (the interruption shall last) three (days and) nights.
  • A meteor (alone and) a flash: of lightning (alone cause an interruption lasting) as long as the sun shines (on that or the next day).
  • (If rain or other celestial phenomena come) out of season, (the Veda must not be read) during the twenty-four hours (immediately succeeding the event).
  • If the teacher has died, (he shall not study the Veda) during three (days and) nights.
  • If the teacher’s son, a pupil, or a wife (have died, he shall not study) during a day and a night.
  • Let him honour an officiating priest, a father-in-law, paternal and maternal uncles, (though they may be) younger than himself, by rising and saluting them,
  • Likewise the wives of those persons whose feet must be embraced, and the teacher’s (wives) and his parents.
  • Let him say to one acquainted with (the meaning of) a salute, ‘I N. N. ho! (salute thee);’
  • But him who does not know it (he shall address with the same formula, omitting his name).
  • When a salute is returned, the last vowel (of the noun standing) in the vocative is produced to the length of three moras, and if it is a diphthong (e or o) changeable according to the Sandhi rules, it becomes ay or av, e.g. bho, bhav.
  • A father who has committed a crime causing loss of caste must be cast off. But a mother does not become an outcast for her son.
  • Now they quote also (the following verses): ‘The teacher (akarya) is ten times more venerable than a sub-teacher (upadhyaya), the father a hundred times more than the teacher, and the mother a thousand times more than the father.’
  • ‘A wife, sons, and pupils who are defiled by sinful deeds, must first be reproved, and (if they do not amend, then) be cast off. He who forsakes them in any other way, becomes (himself) an outcast.’
  • An officiating priest and a teacher who neglect to teach the recitation of the Veda, or to sacrifice, shall be cast off. If he does not forsake them, he becomes an outcast.
  • They declare that the male offspring of outcasts are (also) outcasts, but not the females.
  • For a female enters (the family of) a stranger.
  • He may marry such a (female) without a dowry.
  • ‘If the teacher’s teacher is near, he must be treated like the teacher (himself). The Veda declares that one must behave towards the teacher’s son just as towards the teacher.’
  • A Brahmana shall not accept (as gifts) weapons, poison, and spirituous liquor.
  • Learning, wealth, age, relationship, and occupation must be honoured.
  • (But) each earlier named (quality) is more venerable than (the succeeding ones).
  • If he meets aged men, infants, sick men, load-carriers, women, and persons riding in chariots, he must make way (for them, i.e.) for each later (named before those enumerated earlier).
  • If a king and a Snataka meet, the king must make (way) for the Snataka.
  • All (must make way) for a bride who is being conveyed (to her husband’s house).
  • Grass, room (for resting), fire, water, a welcome, and kind words never fail in the houses of good men.
Laws for Fooding
  • Now, therefore, we will declare what may be eaten and what may not be eaten.
  • Food given by a physician, a hunter, a woman of bad character, a mace-bearer, a thief, an Abhisasta, a eunuch, (or) an outcast must not be eaten,
  • (Nor that given) by a miser, one who has performed the initiatory ceremony of a Srauta-sacrifice, a prisoner, a sick person, a seller of the Soma-plant, a carpenter, a washerman, a dealer in spirituous liquor, a spy, a usurer, (or) a cobbler,
  • Nor (that given) by a Sudra,
  • Nor (that given) by one who lives by his weapons,
  • Nor (that given) by the (kept) paramour of a married woman, or by a husband who allows a paramour (to his wife),
  • Nor (that given) by an incendiary,
  • Nor (that given) by (a ruler) who does not slay those worthy of capital punishment,
  • Nor (food) offered publicly with these words, ‘Who is willing to eat?’
  • Nor food given by a multitude of givers, or by harlots, and so forth.
  • Now they quote also (the following verse): ‘The gods do not eat (the offerings) of a man who keeps dogs, nor of him whose (only) wife is of the Sudra caste, nor of him who lives in subjection to his wife, nor of (a husband) who (permits) a paramour (of his wife to reside) in his house.’
  • He may accept (the following presents even) from such (people, viz.) firewood, water, fodder, Kusa grass, parched grain, (food) given without asking, a vehicle, (shelter in) the house, small fish, millet, a garland, perfumes, honey, and meat.
  • Now they quote also (the following verse): ‘For the sake of a Guru, when he desires to save his wife (and family from starvation), when he wishes to honour the gods or guests, he may accept (presents) from anybody; but let him not satisfy his (own hunger) with such (gifts).’
  • Food given by a hunter who uses the bow must not be rejected.
  • For it is declared in the Veda, ‘At a sacrificial session (sattra), which lasted one thousand years, Agastya went out to hunt. He had sacrificial cakes prepared with the meat of beasts and fowls good (to eat).’
  • With reference to this (subject) they quote also some verses proclaimed by Pragapati, ‘Pragapati (the Lord of created beings) has declared that food freely offered and brought (by the giver himself) may be eaten, though (the giver) be a sinful man, provided the gift has not been asked for beforehand.’
  • Food offered by a man who has faith must certainly be eaten, even though (the giver) be a thief, but not that given by (a Brahmana) who sacrifices for many and who initiates many.’
  • ‘The manes do not eat during fifteen years (the food) of that man who disdains a (freely offered gift), nor does the fire carry his offerings (to the gods).’
  • ‘But alms, though offered without asking, must not be accepted from a physician, from a hunter, from a surgeon or a (very) wicked man, from a eunuch, and from a faithless wife.’
  • Fragments of food left by other persons than the teacher must not be eaten,
  • Nor remnants of one’s own (meal) and food touched by leavings,
  • Nor (food) defiled by contact with a garment, hair, or insects.
  • But at pleasure he may use (such food) after taking out the hair and the insects, sprinkling it with water, dropping ashes on it, and (after it has been declared) fit for use by the word (of a Brahmana).
  • With reference to this (subject) they quote also some verses proclaimed by Pragapati, The gods created for Brahmanas three means of purifying (defiled substances), viz. ignorance (of defilement), sprinkling (them) with water, and commending (them) by word of mouth.’
  • Let him not throw away that food which, at a procession with images of the gods, at weddings, and at sacrifices, is touched by crows or dogs.’
  • After the (defiled) portion has been removed, the remainder shall be purified, liquids by straining them, but solid food by sprinkling it with water.’
  • ‘What has been touched by the mouth of a cat is even pure.’
  • (Cooked food which has become) stale (by being kept), what is naturally bad, what has been placed once only in the dish, what has been cooked more than once, raw (food), and (food) insufficiently cooked (must not be eaten).
  • But at pleasure he may use (such food) after pouring over it sour milk or clarified butter.
  • With reference to this (subject) they quote also some verses proclaimed by Pragapati, ‘A Brahmana shall not eat clarified butter or oil which drips from the nails (of the giver). Yama has declared such (food to be) impure; (to eat it is as sinful) as to partake of cow’s flesh.’
  • ‘But fatty substances, salt, and condiments proffered with the hand do not benefit the giver, and he who partakes of them will eat sin.’
  • ‘Let him give, therefore, such substances placed on a leaf or on grass, but never with his hands or in an iron vessel.’
  • For eating garlic, onions, mushrooms, turnips, Sleshmantaka, exudations from trees, the red sap flowing from incisions (in trees or plants), food pecked at by crows or worried by dogs, or the leavings of a Sudra, an Atikrikkhra (penance must be performed).
  • (Let him not drink) the milk of a cow that is in heat, nor of one whose calf has died,
  • Nor that which cows, buffalo-cows, and goats give during the first ten days (after giving birth to young ones),
  • Nor water collected at the bottom of a boat.
  • Let him avoid wheat-cakes, (fried) grain, porridge, barley-meal, pulse-cakes, oil, rice boiled in milk, and vegetables that have turned sour (by standing),
  • Likewise other kinds of (sour) food prepared with milk and barley-flour.
  • Among five-toed animals, the porcupine, the hedgehog, the hare, the tortoise, and the iguana may be eaten,
  • Among (domestic) animals those having teeth in one jaw only, excepting camels.
  • And among fishes, the long-nosed crocodile, the Gavaya, the porpoise, the alligator, and the crab (must not be eaten),
  • Nor those which are misshaped or have heads like snakes,
  • Nor the bos Gaurus, the Gayal, and the Sarabha,
  • Nor those that have not been (specially mentioned (as fit for food),
  • Nor milch-cows, draught-oxen, and animals whose milk teeth have not dropped out.
  • It is declared in the Vagasaneyaka, that (the flesh of) milch-cows and oxen is fit for offerings.
  • But regarding the rhinoceros and the wild boar they make conflicting statements.
  • And among birds, those who seek their food by scratching with their feet, the web-footed ones, the Kalavieka, the water-hen, the flamingo, the Brahmani duck, the Bhasa, the crow, the blue pigeon, the osprey, the Kataka, the dove, the crane, the black partridge, the grey heron, the vulture, the falcon, the white egret, the ibis, the cormorant, the peewit, the flying-fox, those flying about at night, the woodpecker, the sparrow, the Railataka, the green pigeon, the wagtail, the village-cock, the parrot, the starling, the cuckoo, those feeding on flesh, and those living about villages (must not be eaten).
Laws for Children and Parents
  • Man formed of uterine blood and virile seed proceeds from his mother and his father (as an effect) from its cause.
  • (Therefore) the father and the mother have power to give, to sell, and to abandon their (son).
  • But let him not give or receive (in adoption) an only son;
  • For he (must remain) to continue the line of the ancestors.
  • Let a woman neither give nor receive a son except with her husband’s permission.
  • He who desires to adopt a son, shall assemble his kinsmen, announce his intention to the king, make burnt-offerings in the middle of the house, reciting the Vyahritis, and take (as a son) a not remote kinsman, just the nearest among his relatives.
  • But if a doubt arises (with respect to an adopted son who is) a remote kinsman, (the adopter) shall set him apart like a Sudra.
  • For it is declared in the Veda, ‘Through one he saves many.’
  • If, after an adoption has been made, a legitimate son be born, (the adopted son) shall obtain a fourth part,
  • Provided he be not engaged in (rites) procuring prosperity.
  • He who divulges the Veda (to persons not authorised to study it), he who sacrifices for Sudras, (and all those) who have fallen from the rank of the highest caste (shall be excommunicated by the ceremony of) emptying the water-vessel.
  • A slave or the son of a wife of a lower caste, or a relative not belonging to the same caste, who is destitute of good qualities, shall fetch a broken pot from a heap of vessels unfit for use, place Kusa grass, the tops of which have been cut off, or Lohita grass (on the ground), and empty the pot for the (outcast, overturning it) with his left foot;
  • And the relatives of the (outcast), allowing their hair to hang down, shall touch him who empties (the pot).
  • Turning (when they leave) their left hands towards (that spot), they may go home at pleasure.
  • Let them not afterwards admit the (excommunicated person) to sacred rites.
  • Those who admit him to sacred rites become his equals.
  • But outcasts who have performed (the prescribed) penance (may be) readmitted.
  • Now they quote also (the following verse): ‘Let him walk before those who readmit him, like one gamboling and laughing. Let him walk behind those who excommunicate him, like one weeping and sorrowing.’
  • Those who strike their teacher, their mother, or their father may be readmitted in the following manner, either after being pardoned by the (persons offended) or after expiating their sin.
  • Having filled a golden or an earthen vessel (with water taken) from a sacred lake or river, they pour (the water) over him, (reciting the three verses) ‘Ye waters are’ &c.
  • All the (other ceremonies to be performed on the) readmission of one who has bathed (in this manner) have been explained by (those ordained an) the birth of a son.
Laws for King
  • Now (follow the rules regarding) legal proceedings.
  • Let the king (or) his minister transact the business on the bench.
  • When two (parties) have a dispute, let him not be partial to one of them.
  • Let him reason properly regarding an offence; finally the offence (will become evident thereby).
  • He who properly reasons regarding an offence, in accordance with the sum of the science of the first two castes, is equitable towards all created beings.
  • And let him protect what has been gained;
  • (Likewise) the property of infants (of the) royal (race).
  • (Likewise the property) of persons unfit to transact legal business (minors, widows, and so forth).
  • But if (a minor) comes of age, his property must be made over to him.
  • ‘It is declared in the Smriti that there are three kinds of proof which give a title to (property, viz.) documents, witnesses, and possession; (thereby) an owner may recover property which formerly belonged to him (but was lost).’
  • From fields through which (there is a right of) road (a space sufficient for the road) must be set apart, likewise a space for turning (a cart).
  • Near new-built houses (and) other things (of the same description there shall be) a passage three feet broad.
  • In a dispute about a house or a field, reliance (may be placed on the depositions of) neighbours.
  • If the statements of the neighbours disagree, documents (may be taken as) proof.
  • If conflicting documents are produced, reliance (may be placed) on (the statements of) aged (inhabitants) of the village or town, and on (those of) guilds and corporations (of artisans or traders).
  • Now they quote also (the following verse): ‘Property inherited from a father, a thing bought, a pledge, property given to a wife after marriage by her husband’s family, a gift, property obtained for performing a sacrifice, the property of reunited coparceners, and wages as the eighth.’
  • Whatever belonging to these (eight kinds of property) has been enjoyed (by another person) for ten years continuously (is lost to the owner).
  • They quote also (a verse) on the other side: ‘A pledge, a boundary, and the property of minor’s, an (open) deposit, a sealed deposit, women, the property of a king, (and) the wealth of a Srotriya are not lost by being enjoyed (by others).’
  • Property entirely given up (by its owner) goes to the king.
  • If it be otherwise, the king with his ministers and the citizens shall administer it.
  • A king will be superior even to Brahman if he lives surrounded by servants (who are keen-eyed) like vultures.
  • But a king will not be exalted if he lives surrounded by servants (who are greedy) like vultures.
  • Let him live surrounded by servants (who are keen-eyed) like vultures, let him not be a vulture surrounded by vultures.
  • For through his servants blemishes become manifest (in his kingdom), (such as) theft, robbery, oppression, and (so forth).
  • Therefore let him question his servants beforehand.
  • Now (follow the rules regarding) witnesses:
  • Srotriyas, men of unblemished form, of good character, men who are holy and love truth (are fit to be) witnesses,
  • Or (men of) any (caste may give evidence) regarding (men of) any (other caste).
  • Let him make women witnesses regarding women; for twice-born men twice-born men of the same caste (shall be witnesses), and good Sudras for Sudras, and men of low birth for low-caste men.
  • Now they quote also (the following verse): ‘A son need not pay money due by a surety, anything idly promised, money due for losses at play or for spirituous liquor, nor what remains unpaid of a fine or a toll.’
  • ‘Depose, O witness, according to the truth; expecting thy answer, thy ancestors hang in suspense; in accordance with its truth or falsehood) they will rise (to heaven) or fall (into hell).’
  • ‘Naked and shorn, tormented with hunger and thirst, and deprived of sight shall the man who gives false evidence go with a potsherd to beg food at the door of his enemy.’
  • ‘He kills five by false testimony regarding a maiden; he kills ten by false testimony regarding kine; he kills a hundred by false evidence regarding a horse, and a thousand by false evidence regarding a man.’
  • (Men) may speak an untruth at the time of marriage, during dalliance, when their lives are in danger or the loss of their whole property is imminent, and for the sake of a Brahmana; they declare that an untruth spoken in these five cases does not make (the speaker) an outcast.
  • Those who give partial evidence in a judicial proceeding for the sake of a relative or for money, deprive the ancestors of their spiritual family and those of their natural family of their place in heaven.
Laws of Inheritance
  • The father throws his debts on the (son) and obtains immortality if he sees the face of a living son.
  • It is declared in the Veda, ‘Endless are the worlds of those who have sons; there is no place for the man who is destitute of male offspring.’
  • There is a curse (in the Veda), ‘May our enemies be destitute of offspring.’
  • There is also (the following) passage of the Veda, ‘May I obtain, O Agni, immortality by offspring.’
  • ‘Through a son he conquers the worlds, through a grandson he obtains immortality, but through his son’s grandson he gains the world of the sun.’
  • There is a dispute (among the wise; some say), The son belongs to the husband of the wife;’ (and some say), ‘The son belongs to the begetter.’
  • With respect to this (matter) they quote also on both sides verses like the following:
  • (Some say), ‘If (one man’s) bull were to beget a hundred calves on another man’s cows, they would belong to the owner of the cows; in vain would the bull have spent his strength.’
  • (Others say), ‘Carefully watch the procreation of your offspring, lest strangers sow seed on your soil; in the next world the son belongs to the begetter; (by carelessness) a husband makes (the possession of) offspring in vain.’
  • If amongst many brothers who are begotten by one father, one have a son, they all have offspring through that son; thus says the Veda.
  • If among many wives of one husband, one have a son, they all have offspring through that son; thus says the Veda.
  • Twelve (kinds of) sons only are noticed by the ancients.
  • The first (among these is the son) begotten by the husband himself on his legally married wife.
  • The second is the son of a wife (who is begotten) on failure of the (first) on a (wife or widow duly) authorised (thereto, by a kinsman).
  • The third is an appointed daughter.
  • It is declared in the Veda, ‘A maiden who has no brothers comes back to the male ancestors (of her own family); returning she becomes their son.’
  • With reference to this (matter there is) a verse (to be spoken by the father when appointing daughter), ‘I shall give thee a brotherless damsel, decked with ornaments; the son whom she may bear, shall be my son.’
  • The fourth is the son of a remarried woman.
  • She is called remarried (punarbhu) who leaving the husband of her youth, and having lived with others, re-enters his family;
  • And she is called remarried who leaving an impotent, outcast or mad husband, or after the death of her husband takes another lord.
  • The fifth is the son of an unmarried damsel.
  • They declare that the son whom an unmarried damsel produces through lust in her father’s house, is the son of his maternal grandfather.
  • Now they quote also (the following verse): If an unmarried daughter bear a son begotten by a man of equal caste, the maternal grandfather has a son through him; he shall offer the funeral cake, and take the wealth (of his grandfather).’
  • (A male child) secretly born in the house is the sixth.
  • They declare that these (six) are heirs and kinsmen, preservers from a great danger.
  • Now among those (sons) who are not heirs, but kinsmen, the first is he who is received with a pregnant bride.
  • (The son of a damsel) who is married pregnant (is called) a son received with the bride (sahodha).
  • The second is the adopted son,
  • (He) whom his father and his mother give (in adoption).
  • (The son) bought is the third.
  • That is explained by (the story of) Sunahsepa.
  • ‘Hariskandra, forsooth, was a king. He bought the son of Agigarta Sauyavasi.
  • The fourth is (the son) self-given.
  • That is (likewise) explained by (the story of) Sunahsepa.
  • ‘Sunahsepa, forsooth, when tied to the sacrificial stake, praised the gods; there the gods loosened his bonds. To him poke (each of) the officiating priests, “He shall be my son.” He did not agree to their (request. Then) they made him make (this) agreement, “He shall be the son of him whom he chooses.” Visvamitra was the Hotri priest at that (sacrifice). He became his son.’
  • The son cast off is the fifth.
  • (He is called so) who, cast off by his father and his mother, is received (as a son).
  • They declare that the son of a woman of the Sudra caste is the sixth. These (six) are kinsmen, not heirs.
  • Now they quote also (the following rule): ‘These (last-mentioned) six (sons) shall take the heritage of him who has no heir belonging to the first-mentioned six (classes).
  • Now (follow the rules regarding) the partition of the (paternal) estate among brothers:
  • And (let it be delayed) until those (widows) who have no offspring, (but are supposed to be pregnant), bear sons.
  • Let the eldest take a double share,
  • And a tithe of the kine and horses.
  • The goats, the sheep, and the house belong to the youngest,
  • Black iron, the utensils, and the furniture to the middlemost.
  • Let the daughters divide the nuptial present of their mother.
  • If a Brahmana has issue by wives belonging to the Brahmana, Kshatriya, and Vaisya classes respectively,
  • The son of the Brahmana wife shall receive three shares,
  • The son of the Kshatriya wife two shares,
  • The other (sons) shall inherit equal shares.
  • And if one of the (brothers) has gained something by his own (effort), he shall receive a double share.
  • But those who have entered a different order receive no share,
  • Nor (those who are) eunuchs, madmen, or outcasts.
  • Eunuchs and madmen (have a claim to) maintenance.
  • The widow of a deceased person shall sleep on the ground during six months, practising religious vows and abstaining from pungent condiments and salt.
  • After the completion of six months she shall bathe, and offer a funeral oblation to her husband. (Then) her father or her brother shall assemble the Gurus who taught or sacrificed (for the deceased) and his relatives, and shall appoint her (to raise issue to her deceased husband).
  • Let him not appoint a (widow who is) mad, ill-conducted, or diseased,
  • Nor one who is very aged.
  • Sixteen years (after maturity is the period for appointing a widow);
  • Nor (shall an appointment be made) if the (male entitled to approach the widow) is sickly.
  • Let him approach (the widow) in the muhuarta sacred to. Pragapati, (behaving) like a husband, without (amorously) dallying with her, and without abusing or ill-treating her.
  • Let her obtain (the expenses for) food, raiment, baths, and unguents from (the estate of) her former (husband).
  • They declare that a son begotten on (a widow who has) not been (duly) appointed, belongs to the begetter.
  • If she was (appointed, the child belongs) to both the males connected with the appointment.
  • No appointment (shall be made) through a desire to obtain the estate.
  • Some say, ‘Or, one may appoint (a widow out of covetousness), after imposing a penance.’
  • A maiden who has attained puberty shall wait for three years.
  • After three years (have passed), she may take a. husband of equal caste.
  • Now they quote also (the following verses) But if through a father’s negligence a maiden is here given away after the suitable age has passed, she who was waiting (for a husband) destroys him who gives her away, just as the fee which is paid too late to the teacher (destroys the pupil).’
  • ‘Out of fear of the appearance of the menses let the father marry his daughter while she still runs about naked. For if she stays (in the house) after the age of puberty, sin falls on the father.’
  • ‘As often as the courses of a maiden, who is filled with desire, and demanded in marriage by men of equal caste, recur, so often her father and her mother are guilty of (the crime of) slaying an embryo; that is a rule of the sacred law.’
  • ‘If the betrothed of a maiden die after she has been promised to him verbally, and by (a libation of) water, but before she was married with (the recitation of) sacred texts, she belongs to her father alone.’
  • ‘If a damsel has been abducted by force, and not been wedded with sacred texts, she may lawfully be given to another man; she is even like a maiden.’
  • ‘If a damsel at the death of her husband had been merely wedded by (the recitation of) sacred texts, and if the marriage had not been consummated, she may be married again.’
  • The wife of an emigrant shall wait for five years.
  • After five years (have passed), she may go (to seek) her husband.
  • If for reasons connected with spiritual or with money matters she be unwilling to leave her home, she must act in the same manner as if (her husband were) dead.
  • In this manner a wife of the Brahmana caste who has issue (shall wait) five years, and one who has no issue, four years; a wife of the Kshatriya caste who has issue, five years, and one who has no issue, three years; a wife of the Vaisya caste who has issue, four years, and one who has no issue, two years; a wife of the Sudra caste who has issue, three years, and one who has no issue, one year.
  • After that among those who are united (with her husband) in interest, or by birth, or by the funeral cake, or by libations of water, or by descent from the same family, each earlier named person is more venerable than the following ones.
  • But while a member of her family is living, she shall certainly not go to a stranger.
  • Let the Sapindas or the subsidiary sons divide the heritage of him who has no heir of the first-mentioned six kinds.
  • On failure of them the spiritual teacher and a pupil shall take the inheritance.
  • On failure of those two the king inherits.
  • But let the king not take (the estate) of a Brahmana.
  • For the property of a Brahmana is a terrible poison.
  • ‘Poison they do not call the (worst) poison; the property of a Brahmana is said to be the (most destructive) poison. Poison destroys only one person, but the property of a Brahmana (him who takes it) together with sons and grandsons.’
  • He should give it to men who are well versed in the three Vedas.
Laws for Illegal Offsprings
  • They declare that the offspring of a Sudra and of a female of the Brahmana caste becomes a Kandala,
  • (That of a Sudra and) of a female of the Kshatriya caste, a Vaina,
  • (That of a Sudra and) of a female of the Vaisya caste, an Antyavasayin.
  • They declare that the (son) begotten by a Vaisya on a female of the Brahmana caste becomes a Ramaka,
  • (The son begotten by the same) on a female of the Kshatriya caste, a Pulkasa.
  • They declare that the (son) begotten by a Kshatriya on a female of the Brahmana caste becomes a Suta.
  • Now they quote also (the following verse): ‘One may know by their deeds those who have been begotten secretly, and to whom the stigma of springing from unions in the inverse order of the castes attaches, because they are destitute of virtue and good conduct.’
  • (Children) begotten by Brahmanas, Kshatriyas, and Vaisyas on females of the next lower, second lower, and third lower castes become (respectively) Ambashthas, Ugras, and Nishadas.
  • (The son of a Brahmana and) of a Sudra woman (is) a Parasava.
  • They declare that the condition of a Parasava is that of one who, though living, is (as impure) as a corpse.
  • Some call that Sudra race a burial-ground.
  • Therefore (the Veda) must not be recited in the presence of a Sudra.
  • Now they quote also the (following) verses, which Yama proclaimed:
  • ‘The wicked Sudra-race is manifestly a burial-ground. Therefore (the Veda) must never be recited in the presence of a Sudra.’
  • ‘Let him not give advice to a Sudra, nor what remains from his table, nor (remnants of) offerings (to the gods); nor let him explain the holy law to such a man, nor order him (to perform) a penance.’
  • ‘He who declares the law to such a man, and he who instructs him in (the mode of) expiating (sin), sinks together with that very man into the dreadful hell, (called) Asamvrita.’
  • 'If ever a worm is produced in an open wound (on his body), he shall purify himself by the Pragapatya penance, and give gold, a cow, (and) a garment as presents (to Brahmanas).’
  • Let him not approach a wife of the Sudra caste after he has built the fire-altar for a Srauta-sacrifice.
  • For a Sudra-wife who belongs to the black race, (is espoused) for pleasure, not in order to fulfil the law.
Duties of a King
  • The particular duty of a king is to protect (all) beings; by fulfilling it (he obtains) success (in this world and in the next).
  • Those learned (in the sacred law) declare that to be free from fear and pity is, indeed, a life-long sacrificial session (sattra, to be performed by the king).
  • Therefore let him appoint a domestic priest to (perform the rites) obligatory on the order of householders.
  • It is declared in the Veda, ‘A realm where a Brahmana is appointed domestic priest, prospers;’
  • For thus both (the special duties of a king and those of a householder) will be fulfilled,
  • And (the king alone is) unable (to do both).
  • Let the king, paying attention to all the laws of countries, (subdivisions of) castes (gati) and families, make the four castes (varna) fulfil their (respective) particular duties.
  • Let him punish those who stray from (the path of duty).
  • But punishment must be awarded in cases of assault and abuse after (due consideration of) the particular place and time (where and when the offence was committed), of the duties, age, learning (of the parties), and the seat (of the injury),
  • In accordance with (the precepts of) the (sacred) records and with precedents.
  • Let him not injure trees that bear fruit or flowers.
  • (But) he may injure them in order to extend cultivation and (for sacrifices).
  • The measures and weights of objects necessary for households must be guarded (against falsification).
  • Let him not take property for his own use from (the inhabitants of) his realm.
  • The measures and price (of such property) only shall be liable to deductions (in the shape of taxes).
  • On the march against the enemy the army which consists of companies of ten, shall be able to perform a double (duty).
  • In every (camp) there shall be places where water is distributed.
  • Let him make one hundred men at the least engage in battle.
  • The wives (of slain soldiers) shall be provided for.
  • A ferry shall be taken away (from a river) in which there is no water.
  • A Srotriya is free from taxes, (and so are) a servant of the king, one who has no protector, one who has left (the order of householders), an infant, a very aged man, a young man (who studies), and pradatas;
  • (Moreover widows) who return to their former (family), unmarried maidens, and the wives of servants,
  • 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).
  • No taxes (shall be paid) on the usufruct of rivers, dry grass, forests, (places of) combustion, and mountains;
  • Or those who draw their subsistence from them may pay (something),
  • But he shall take a monthly tax from artisans.
  • And when a king has died, let him give what is required for the occasion.
  • It is hereby explained that (his) mother (must receive) maintenance.
  • Let the king maintain the paternal and maternal uncles of the chief-queen,
  • As well as her other relatives.
  • The wives of the (deceased) king shall receive food and raiment,
  • Or if they are unwilling, they may depart.
  • Let the king maintain eunuchs and madmen,
  • Since their property goes to him.
  • 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 Karshapana, 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.’
  • A thief becomes free from guilt by entering (the royal presence) after (his deed and asking to be punished).
  • 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).
  • In case (a criminal) worthy of punishment is allowed to go free, the king shall fast during one (day and one) night;
  • (And) his domestic priest during three (days and) nights.
  • If an innocent man is punished, the domestic priest (shall perform) a Krikkhra penance;
  • (And) the king (shall fast) during three (days and) nights.
  • Now they quote also (the following verses): ‘The slayer of a learned Brahmana 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).’
  • ‘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.’
  • ‘The guilt falls on the king who pardons an offender. If he causes him to be slain, he destroys sin in accordance with the sacred law.’
  • ‘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.’
  • 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 performance of sacrificial session (sattra); for (the first) are seated on the throne of Indra, (and the others) are always equal to Brahman.’
Laws for Punishment of Offences
  • A penance (shall be performed) for an offence committed unintentionally.
  • Some (declare that it shall be performed) also for (a fault) committed intentionally.
  • ‘The spiritual teacher corrects the learned; the king corrects the evil-minded; but Yama, the son of Vivasvat, forsooth, punishes those who offend secretly.’
  • And among those (sinful persons), let him who slept at sunrise stand during the (following) day and recite the verse sacred to Savitri.
  • Let him who slept at sunset remain in a sitting posture during the (next) night, likewise (reciting the Gayatri).
  • But let a man with deformed nails or black teeth perform a Krikkhra penance of twelve days’ duration.
  • He whose younger brother married first shall perform a Krikkhra penance during twelve days, marry and take to himself even that (woman whom his brother wedded).
  • Now he who has taken a wife before his elder brother shall perform a Krikkhra penance and an Atikrikkhra penance, give (his wife) to that (elder brother), marry again, and take (back) the same (woman whom he wedded first).
  • 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).
  • The husband of an elder sister married after the younger one shall perform a Krikkhra penance and an Atikrikkhra penance, give (his wife) to that (husband of the younger sister and marry again).
  • We shall, declare below (the penance prescribed for) him who extinguishes the sacred fire.
  • He who has forgot the Veda (by neglecting to recite it daily), shall perform a Krikkhra penance of twelve days’ duration, and again learn it from his teacher.
  • He who violates a Guru’s bed shall cut off his organ, together with the testicles, take them into his joined hands and walk towards the south wherever he meets with an obstacle (to further progress), there he shall stand until he dies:
  • 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,
  • The same (expiation is prescribed if the offence was committed) with the wife of the teacher, of a son, and of a pupil.
  • 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 perform a Krikkhra penance during three months.
  • The same (penance must be performed) for eating food given by a Kandala or by an outcast. Afterwards the initiation (must be performed) once more; but the tonsure and the rest may be omitted.
  • 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 alias, these acts may be omitted on a second initiation.’
  • If (a Brahmana) 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 Krikkhra and an Atikrikkhra, and, after eating clarified butter, be initiated again.
  • The same (expiation is prescribed) for swallowing ordure, urine, and semen.
  • If a Brahmana 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 Palasa (leaves).
  • But a Brahmana who repeatedly (and intentionally partakes) of liquor extracted from rice, shall drink (liquor of) the same (kind) boiling hot. ‘He becomes pure after death.’
  •  We will declare (who must be considered) the slayer of a learned Brahmana (bhrunahan). He is called Bhrunahan who kills a Brahmana or destroys an embryo (the sex of) which is unknown.
  • ‘For embryos (the sex of) which is unknown become males; therefore they offer burnt-oblations for the production of males.’
  • Let the slayer of a learned Brahmana kindle a fire and offer (therein the following eight oblations, consisting of portions of his own body),
  • 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.’
  • (Or) let him (fight) for the sake of the king, or for the sake of Brahmanas, and let him die in battle with his face turned (to the foe).
  • It is declared in the Veda, ‘(A murderer) who remains thrice unvanquished or is thrice defeated (in battle) becomes pure.’
  • ‘A sin which is openly proclaimed becomes smaller.’
  • 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.’
  • In like manner having slain a Kshatriya, he shall perform (a penance) during eight years,
  • For (killing) a Vaisya during six (years),
  • For (killing) a Sudra, during three (years),
  • For killing a female of the Brahmana caste who is an Atreyi, and a Kshatriya or a Vaisya, engaged in a sacrifice (the same penance must be performed as for killing a learned Brahmana).
  • We will explain (the term) Atreyi. They declare that she who has bathed after temporary uncleanness is an Atreyi.
  • ‘For if (the husband) approaches her at that (time), he will have offspring.’
  • (For killing a female of the Brahmana caste) who is not an Atreyi, (the penance prescribed) for the murder of a Kshatriya (must be performed),
  • (For killing) a female of the Kshatriya caste, (the penance prescribed) for the murder of a Vaisya,
  • (For killing) a female of the Vaisya caste, (the penance prescribed) for the murder of a Sudra.
  • (For killing) a female of the Sudra caste (let him perform) during one year (the penance prescribed for the murder of a Brahmana).
  • If a man has stolen gold belonging to a Brahmana, 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.
  • 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.
  • Now they quote also (the following verses): ‘Hear, (how) the bodies of those who having committed various crimes died a long time ago, and were (afterwards) born again, are (marked);’
  • ‘A thief will have deformed nails, the murderer of a Brahmana 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.’
  • Property received from outcasts, after forming alliances with them either by (teaching) the Veda (and by sacrificing) or by marriage, must be relinquished. Let him not associate with such (men).
  • It is declared in the Veda that (he who has associated with outcasts) becomes pure by reciting the Samhita (of his Veda), proceeding in a northerly direction and fasting.
  • 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.’
Laws for Breach of Trust
  • If a Sudra approaches a female of the Brahmana caste, (the king) shall cause the Sudra to be tied up in Virana grass and shall throw him into a fire. He shall cause the head of the Brahmani 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 declared that she becomes pure (thereby).
  • If a Vaisya approaches a female of the Brahmana caste, (the king) shall cause the Vaisya to be tied up in Lohita grass and shall throw him into a fire. He shall cause the head of the Brahmani 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).
  • If a Kshatriya approaches a female of the Brahmana caste, (the king) shall cause the Kshatriya to be tied up in leaves of Sara grass and shall throw him into a fire. He shall cause the head of the Brahmani 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).
  • A Vaisya who offends) with a female of the Kshatriya class (shall be treated) in the same manner,
  • And a Sudra (who offends) with females of the Kshatriya or Vaisya castes.
  • 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 Savitri (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
  • 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 Savitri (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
  • 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 Kusa grass, or in a pit filled with cowdung. After (the expiration of) the year, (the husband) shall offer eight hundred burnt-oblations, (reciting) the Savitri (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
  • But if she commits adultery with a Guru, she is forbidden (to assist her husband) in (the fulfilment of) his sacred duties.
  • 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 the life of her lord, or who commits adultery with a man of a degraded caste.
  • That woman of the Brahmana 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.
  • The wives of Brahmanas, Kshatriyas, and Vaisyas who commit adultery with a Sudra may be purified by a penance in case no child is born (from their adulterous intercourse), not otherwise.
  • (Those who have committed adultery) with a man of lower caste shall perform a Krikkhra penance, succeeded by one, two, or three Kandrayana.
  • Faithful wives who are constantly pure and truthful (reside after death) in the same abodes with their husbands; those who are unfaithful are born as jackals.
  • Half the body of the husband falls if his wife drinks spirituous liquor. No purification is prescribed for the half which has fallen.
  • If a Brahmana unintentionally commits adultery with the wife of a Brahmana, (he shall perform) a Krikkhra penance in case (the husband) fulfils the religious duties (of his caste), and an Atikrikkhra penance in case (the husband) does not fulfil his religious duties.
  • The same (penances are prescribed) for Kshatriyas and Vaisyas (for adultery with women of their respective castes).
  • If he kills a cow, let him perform, during six months, a Krikkhra or a Taptakrikkhra, dressed in the raw hide of that (cow).
  • The rule for these two (penances is as follows):
  • ‘During three days he eats in the daytime (only), and during the (next) three days at night (only), he subsists during (another) period of three days on food offered without asking, and (finally) he fasts during three days.’ That is a Krikkhra penance.
  • ‘Let him drink hot water during three days; let him drink hot milk during the (next) three days; after drinking during (another) period of three days hot clarified butter, he shall subsist on air during the (last) three days.’ That is a Taptakrikkhra penance.
  • And he shall give (to a Brahmana) a bull and a cow.
  • Now they quote also (the following verse): ‘Through killing a spotted deer, a he-goat, and a bird three maladies (befal men), viz. jealousy, hunger, and old age; (therefore) let him (who is guilty of such an offence) perform (a penance) during ninety-eight (days).’
  • Having slain a dog, a cat, an ichneumon, a snake, a frog, or a rat, let him perform a Krikkhra penance of twelve days’ duration, and give something (to a Brahmana).
  • But having slain a quantity of boneless animals, equal to the weight of a cow, let him perform a Krikkhra penance of twelve days’ duration, and give something (to a Brahmana).
  • But (the same penance must be performed) for each single (slain animal) that possesses bones.
  • He who extinguishes the (sacred) fires shall perform a Krikkhra penance of twelve days, and cause them to be kindled again (by priests engaged for the occasion).
  • He who falsely accuses a Guru shall bathe, dressed in his clothes, and ask his Guru’s pardon. It is declared in the Veda that he becomes pure by the Guru’s forgiving him.
  • An atheist shall perform a Krikkhra penance of twelve days’ duration, and give up his infidelity.
  • But he who receives subsistence from infidels (shall perform) an Atikrikkhra penance (and not repeat his offence).
  • (The rule applicable to) a seller of Soma has been explained hereby.
  • A hermit, on violating the rules of his order, shall perform a Krikkhra penance of twelve days’ duration, and continue (the observances obligatory on him) in a great forest.
  • Ascetics, (offending in the same manner) as hermits, shall perform for a protracted period (the vow of regulating the quantity of their food according to) the growth of the moon, and shall again be initiated, in accordance with (the rules of) the Institutes applicable to them.
  • Now, indeed, man (in) this (world) speaks an untruth, or sacrifices for men unworthy to offer a sacrifice, or accepts what ought not to be accepted, or eats forbidden food, or practises what ought not to be practised.
  • They are in doubt if he shall perform a penance for such (a deed), or if he shall not do it.
  • (Some) declare that he shall not do it,
  • Because the deed does not perish.
  • (The correct view is, that) he shall perform (a penance), because it is enjoined in the revealed texts,
  • ‘He who offers a horse-sacrifice conquers all sin, he destroys the guilt of the murder of a Brahmana.’
  • (Moreover), ‘Let an Abhisasta offer a Gosava or an Agnishtut-sacrifice,’
  • Reciting the Veda, austerity, a sacrifice, fasting, giving gifts are the means for expiating such a (blamable act).
  • (The purificatory texts are) the Upanishads, the Vedantas, the Samhita-text of all the Vedas, the (Anuvakas called) Madhu, the (hymn of) Aghamarshana, the Atharvasiras, the (Anuvakas called) Rudras, the Purusha-hymn, the two Samans called Ragana and Rauhineya, the Kushmandas, the Pavamanis, and the Savitri,
  • Now they quote also (the following verse): ‘He who performs once in each season the offerings to Vaisvanara and Vratapati and the Pavitreshti sanctifies ten ancestors.’
  • To live on milk alone, as if one were fasting, to eat fruit only, (to live on) barley gruel prepared of a handful of grain, to eat gold, to drink Soma (are modes of subsistence which) purify.
  • All mountains, all rivers, holy lakes, places of pilgrimage, the dwellings of Rishis, cowpens, and temples of the gods (are) places (which destroy sin).
  • A year, a month, twenty-four days, twelve days, six days, three days, a day and a night are the periods (for penances).
  • These (acts) may be optionally performed when no (particular penance) has been prescribed,
  • (Viz.) for great sins difficult (penances), and for trivial faults easy ones.
  • The Krikkhra and the Atikrikkhra (as well as) the Kandrayana are penances for all (offences).
  • If a student has approached a woman, he shall slay in the forest, in a place where four roads meet a common fire, an ass for the Rakshas (the goblins),
  • Or he may offer an oblation of rice (karu) to Nirriti (the goddess of hell).
  • Let him throw into the fire (four oblations consisting) of that (sacrificial food, saying), To Lust svaha; to him who follows his lust svaha; to Nirriti svaha; to the divine Rakshas svaha.’
  • If, before returning home (from his teacher, a student) voluntarily defiles himself, sleeps in the daytime, or practises any other vow (than that of studentship), the same (penance must be performed).
  • If he has committed a bestial crime, he shall give a white bull (to a Brahmana).
  • The guilt incurred by a bestial crime with a cow, has been explained by the (rule regarding) the killing of a female of the Sudra caste.
  • A student breaks his vow by performing funeral rites,
  • Excepting those of his mother and his father.
  • If a (student) is sick, he may eat, at his pleasure, all that is left by his teacher as medicine.
  • If (a student) who is employed by his teacher (to perform some duty), meets with his death, (the teacher) shall perform three Krikkhra penances.
  • If a student eats meat which has been given to him as leavings (by his teacher), he shall perform a Krikkhra penance of twelve days’ duration, and afterwards finish his vow.
  • The same (penance must be performed) if he eats food given at a Sraddha or by a person who is impure on account of a recent death or birth.
  • It is declared in the Veda, than honey given without asking does not defile (a student) of the Vagasaneyi-sakha.
  • For him who committing suicide becomes An Abhisasta, his blood-relations (sapinda) shall not perform the funeral rites.
  • He is called a suicide who destroys himself by means of wood, water, clods of earth, stones, weapons, poison, or a rope.
  • Now they quote also (the following verse): ‘The twice-born man who out of affection performs the last rites for a suicide, shall perform a Kandrayana penance together with a Taptakrikkhra.’
  • We shall describe the Kandrayana below.
  • A fast of three days (must be performed) for resolving to die by one’s own hand.
  • ‘He who attempts suicide, but remains alive, shall perform a Krikkhra penance during twelve days. (Afterwards) he shall fast for three (days and) nights, being dressed constantly in a garment smeared (with clarified butter), and suppressing his breath, he shall thrice recite the Aghamarshana;’
  • Or, following the same rule, he may also frequently recite the Gayatri;
  • Or, having kindled a fire, he may offer clarified butter with the Kushmandas.
  • ‘And the guilt (of) all (offences) excepting mortal sins is removed thereby.’
  • Now he may also sip water in the morning, thinking of (the Mantra), ‘May fire and wrath and the lords of wrath protect me,’ &c., and meditating on his sin; (then) he may mutter the Vyahritis that end with satya (truth), prefixing (the syllable) Om (to each), or he may recite the Aghamarshana.
  • If he touches a human bone to which fat still adheres, he becomes impure during three (days and) nights;
  •  But (on touching a bone) to which no fat adheres, a day and a night,
  • Likewise if he has followed a corpse (to the burial-ground).
  • If he passes between men reciting the Veda, he shall fast during a day and a night.
  • (Those who recite the Veda) shall sprinkle each other with water and stay away (from their houses) during three (days and) nights.
  • (The same penance must be performed) for a day and night, if a dog, a cat, or an ichneumon pass quickly (between those who recite the Veda).
  • If he has swallowed the flesh of a dog, a cock, a village pig, a grey heron, a vulture, a Bhasa, a pigeon, a man, a crow or an owl, (he must) fast during seven days, (and thus) empty his entrails (afterwards he must) eat clarified butter, and be initiated again.
  • ‘But a Brahmana who has been bitten by a dog, becomes pure, if he goes to a river that flows into the ocean, (bathes there), suppresses his breath one hundred times, and eats clarified butter.’
  • ‘Time, fire, purity of mind, water, looking at the sun, and ignorance (of defilement) are the six means by which created beings are purified.’
  • It is declared in the Veda that, on touching a dog, a Kandala, or an outcast, he becomes at once pure, if he bathes, dressed in his clothes.
  • If (while reciting the Veda) they hear noises made by outcasts or Kandalas, they shall sit silent and fasting during three days;
  • Or if they repeat that (text of the Gayatri) at least one thousand times, they become pure; thus it is stated in the Veda.
  • By this rule (the penance to be performed by) those who teach or sacrifice for vile men has been explained. It is declared in the Veda that they become pure by also relinquishing the fees (which they received).
  • By this same (rule the penance prescribed for) an Abhisasta, (one accused of a heinous crime,) has been explained.
  • (If he has been accused of) killing a learned Brahmana, let him subsist during twelve days on water (only), and fast during (another) twelve days.
  • If he has falsely accused a Brahmana of a crime which causes loss of caste, or of a minor offence which does not cause loss of caste, he shall subsist during a month on water (only), and constantly repeat the (Rikas called) Suddhavatis;
  • Or he may go to bathe (with the priests) at (the conclusion of) a horse-sacrifice.
  • By this (rule the penance for) intercourse with a female of the Kandala caste has been declared.
  • Now (follows the description of) another Krikkhra penance, applicable to all (men), where (the rule given above) has been altered.
  • On one day (let him eat) in the morning (only), on the (following) day at night (only), on the (next) day food given without asking, and on the (fourth) day (let him) fast; the succeeding (three) periods of four days (must be passed) in the same manner. Wishing to show favour to the Brahmanas, Manu, the chief among the pillars of the law, has thus described the Sisukrikkhra (the hard penance of children) for infants, aged, and sick men.
  • Now follows the rule for (the performance of) the Kandrayana (lunar penance).
  • On the first day of the dark half (of the month) let him eat fourteen (mouthfuls), let him diminish the (number of) mouthfuls (each day by one), and continue in this manner until the end of the fortnight. In like manner let him eat one mouthful on the first day of the bright half, and (daily) increasing (the number of) mouthfuls, continue until the end of the fortnight.
  • Meanwhile let him sing Samans, or mutter the Vyahritis.
  • A month during which he thus performs a Kandrayana, the Rishis have called by way of laudation, ‘a means of purification’ (pavitra). It is prescribed as an expiation of all (offences) for which no (special penance) has been mentioned.
Atikrikkhra Penance
  • Now (follows the description of) an Atikrikkhra penance.
  • Let him eat as much as he can take at one (mouthful, and follow the rules given) above for a Krikkhra, (viz.) to eat during three days in the morning, (during another three days) in the evening, (during further three days) food given without asking, and to fast during the last three days. That is an Atikrikkhra.
  • A Krikkhra penance (during the performance of which one) subsists on water (only is called) a Krikkhrati-krikkhra.
  • The peculiar observances (prescribed during the performance) of Krikkhra penances (are as follows):
  • ‘Having cut his nails, (the performer) shall cause his beard and all his hair to be shaved off, excepting the eyebrows, the eyelashes, and the lock at the top of the head; (wear) one garment only; he shall eat blameless food; what one obtains by going to beg once (is called) blameless food; he shall bathe in the morning, at noon, and in the evening; he shall carry a stick (and) a waterpot; he shall avoid to speak to women and Sudras; carefully keeping himself in an upright or sitting posture, he shall stand during the day, and remain seated during the night.’ Thus speaks the divine Vasishtha.
  • Let him not instruct in these Institutes of the sacred law anybody but his son or a pupil who stays (in his house at least) for a year.
  • The fee (for teaching it) is one thousand (panas), (or) ten cows and a bull, or the worship of the teacher.
Laws for Hidden Offences
  • I will completely explain the purification of those whose guilt has not been made public, both from great crimes and for minor offences.
  • A penance prescribed in (the section on) secret (penances) is for an Agnihotrin, an aged and a learned man, who have subdued their senses; but other men (must perform the expiations) described above.
  • Those constantly engaged in suppressing their breath, reciting purificatory texts, giving gifts, making burnt-oblations, and muttering (sacred texts) will, undoubtedly, be freed from (the guilt of) crimes causing loss of caste.
  • Seated with Kusa grass in his hands, let him repeatedly suppress his breath, and again and again recite purificatory texts, the Vyahritis, the syllable Om, and the daily portion of the Veda
  • Always intent on the practice of Yoga, let him again and again suppress his breath. Up to the ends of his hair and up to the ends of his nails let him perform highest austerity.
  • Through the obstruction (of the expiration) air is generated, through air fire is produced, then through heat water is formed; hence he is internally purified by (these) three.
  • Neither through severe austerities, nor through the daily recitation of the Veda, nor through offering sacrifices can the twice-born reach that condition which they attain by the practice of Yoga.
  • Through the practice of Yoga (true) knowledge is obtained, Yoga is the sum of the sacred law, the practice of Yoga is the highest and eternal austerity; therefore let him always be absorbed in the practice of Yoga.
  • For him who is constantly engaged in (reciting the syllable) Om, the seven Vyahritis, and the three-footed Gayatri no danger exists anywhere.
  • The Vedas likewise begin with the syllable Om, and they end with the syllable Om, the syllable Om is the sum of all speech; therefore let him repeat it constantly.
  • The most excellent (portion of the) Veda, which consists of one syllable, is declared to be the best purificatory text.
  • If the guilt of all sins did fall on one man, to repeat the Gayatri ten thousand times (would be) an efficient means of purification.
  • If, suppressing his breath, he thrice recites the Gayatri together with the Vyahritis together with the syllable Om and with the (text called) Siras, that is called one suppression of breath.
Laws for Lunar Offences
  • If, untired, he performs three suppressions of his breath according to the rule, the sins which he committed during a day and a night are instantly destroyed.
  • Seated during the evening prayer, he removes by (three) suppressions of his breath all guilt which he incurred during the day by deeds, thoughts, or speeches.
  • But standing during the morning prayer, he removes by (three) suppressions of his breath all guilt which he incurred during the night by deeds, thoughts, or speeches.
  • But sixteen suppressions of breath, accompanied by (the recitation of) the Vyahritis and the syllable Om, repeated daily, purify after a month even the slayer of a learned Brahmana.
  • Even a drinker of spirituous liquor becomes pure, if he mutters the (hymn seen) by Kutsa, ‘Apa nah sosukad agham,’ and (the hymn seen) by Vasishtha (which begins with the word) ‘Prati,’ the Mahitra (hymn), and the Suddhavatis.
  • Even he who has stolen gold becomes instantly free from guilt, if he once mutters (the hymn beginning with the words) ‘Asya vamasya’ and the Sivasamkalpa.
  • The violator of a Guru’s bed is freed (from sin) if he repeatedly recites the (hymn beginning) ‘Havish pantam agaram’ and that (beginning) ‘Na tam amhah’ and mutters the hymn addressed to Purusha.
  • Or plunging into water he may thrice mutter the Aghamarshana. Manu has declared that the (effect is the) same as if he had gone to bathe at a horse-sacrifice.
  • An offering consisting of muttered prayers is ten times more efficacious than a sacrifice at which animals are killed; a (prayer) which is inaudible (to others) surpasses it a hundred times, and the mental (recitation of sacred texts) one thousand times.
  • The four Pakayagnas and those sacrifices which are enjoined by the rules of the Veda are all together not equal in value to the sixteenth part of a sacrifice consisting of muttered prayers.
  • But, undoubtedly, a Brahmana reaches the highest goal by muttering prayers only; whether he perform other (rites) or neglect them, he is called a Brahmana who befriends all creatures (maitra).
  • The sins of those who are intent on muttering prayers, of those who offer burnt-oblations, of those who are given to meditation, of those who reside in sacred places, and of those who have bathed after performing the vows called Siras, do not remain.
  • As a fire, fanned by wind, burns brighter, and (as its flame grows) through offerings (of butter), even so a Brahmana who is daily engaged in muttering sacred texts shines with a brilliant lustre.
  • The destruction of those who fulfil the duty of daily study, who constantly restrain themselves, who mutter prayers and offer sacrifices has never been known (to happen).
  • Let him who is desirous of purification repeat, though he be charged with all sins, the divine (Gayatri), at the most one thousand times, or one hundred times as a medium (penance), or at least ten times (for trivial faults).
  • A Kshatriya shall pass through misfortunes which have befallen him by the strength of his arms, a Vaisya and Sudra by their wealth, the highest among twice-born men by muttered prayers and burnt-oblations.
  • As horses (are useless) without a chariot, as chariots (are useless) without horses, even so austerity (is useless) to him who is destitute of sacred learning, and sacred learning to him who practises no austerities.
  • As food mixed with honey, or honey mixed with food, even so are austerities and learning, joined together, a powerful medicine.
  • o guilt taints a Brahmana who possesses learning, practises austerities, and daily mutters sacred texts, though he may constantly commit sinful acts.
Laws for Improper Acts
  • If a hundred improper acts, and even more, have been committed, and the (knowledge of the) Veda is retained, the fire of the Veda destroys all (the guilt) of that man just as a (common) fire consumes fuel.
  • As a fire that burns strongly consumes even green trees, even so the fire of the Veda destroys one’s guilt caused by (evil) deeds.
  • A Brahmana who remembers the Rigveda is not tainted by any guilt, though he has destroyed these (three) worlds and has eaten the food of all, (even of the most sinful) men.
  • If (a Brahmana) relies on the power of the Veda, he cannot find pleasure in sinful acts. Guilt (incurred) through ignorance and negligence is destroyed, not (that of) other (intentional offences).
  • If a hermit subsisting on roots and fruit practises austerities in a forest, and (a householder) recites a single Rik, the merit of the acts of the one and of the other is equal.
  • Let him strengthen the Veda by (studying) the Itihasas and Puranas. For the Veda fears a man of little learning, (thinking) ‘He will destroy me.’
  • The daily recitation of the Veda and the performance, according to one’s ability, of the series of Mahayagnas quickly destroy guilt, even that of mortal sins.
  • Let him daily perform, without tiring, his particular rites which the Veda enjoins. For if he does that according to his ability, he will reach the most blessed state.
  • Through sacrificing for wicked people, through teaching them, through intermarrying with them, and through receiving gifts from them, (learned) Brahmanas do not contract guilt, for (a learned Brahmana) resembles a fire and the sun.
  • I will now declare the purification prescribed for (eating) food, regarding which doubts have arisen, whether it may be called fit to be eaten or not. Listen to my words!
  • Let a Brahmana drink during three days the astringent decoction of the Brahmasuvarkala plant, unmixed with salt or pungent condiments, and (a decoction of) the Saekhapushpi plant, together with milk.
  • Let him drink water, after boiling in it Palasa and Bilva leaves, Kusa grass, and (leaves of) lotuses and Udumbara trees; after three days and no more he becomes pure.
  • (Subsisting) during one day on each (of the following substances), cow’s urine, cowdung, milk, sour milk, butter, and water in which Kusa grass has been boiled, and fasting on the seventh day purify even (him who fears that he has partaken of the food of) a Svapaka.
  • He who lives during five days on cow’s urine, cowdung, milk, sour milk, and clarified butter, is purified by means of (that) Pankagavya, (the five products of the cow.)
  • He who, in accordance with the rule, uses barley (for his food), becomes pure even by ocular proof. (For) if he is pure, those (barley grains) will be white, if he is impure they will be discoloured.
  • (If he makes) three morning meals of food fit for a sacrifice and three evening meals in like manner, and if food given without asking (is his subsistence) in the same manner, (he will thus perform) three fasts.
  • Now if he is in haste to make (himself pure), (let him) subsist on air during a day, and pass the night standing in water; (that penance) is equal to a Pragapatya (Krikkhra).
  • But if at sunrise he mutters the Gayatri eight thousand times, he will be freed from all mortal sins, provided he be not the slayer of a Brahmana.
  • He, forsooth, who has stolen (the gold of a Brahmana), has drunk spirituous liquor, has slain a learned Brahmana, or has violated his Guru’s bed, will become free from all (these) mortal sins if he studies the Institutes of the sacred law.
  • For unlawful acts, for unlawful sacrifices, and for great sins (let him perform) a Krikkhra and a Kandrayana, which destroy all guilt.
  • Let him add daily one mouthful (to his food) during the bright (half of the month), let him diminish it (daily by one mouthful) during the dark (half), and let him fast on the new-moon day; that is the rule for the Kandrayana (or lunar penance).
Laws for Sinner Wife
  • A woman is not defiled by a lover, nor a Brahmana by Vedic rites, nor water by urine and ordure, nor fire by consuming (impure substances).  
  • A wife, (though) tainted by sin, whether she be quarrelsome, or have left the house, or have suffered criminal force, or have fallen into the hands of thieves, must not be abandoned; to forsake her is not prescribed (by the sacred law). Let him wait for the time of her courses; by her temporary uncleanness she becomes pure.
  • Women (possess) an unequalled means of purification; they never become (entirely) foul. For month by month their temporary uncleanness removes their sins.
  • Women belong first to three gods, Soma (the moon), the Gandharva, and Fire, and come afterwards into the possession of men; according to the law they cannot be contaminated.
  • Soma gave them cleanliness, the Gandharva their melodious voice, and Fire purity of all (limbs); therefore women are free from stains.
  • Those versed in the sacred law state that there are three acts (only) which make women outcasts, (viz.) the murder of the husband, slaying a learned Brahmana, and the destruction of the fruit of their womb.
  • A calf is pure when the milk flows, a bird when it causes fruit to fall, women during dalliance, and a dog when he catches a deer.
  • Pure is the mouth of a goat and of a horse, pure is the back of a cow, pure are the feet of a Brahmana, but women are pure in all (limbs)
  • I will now declare the purificatory texts (which are found) in each Veda; by muttering them or reciting them at a burnt-oblation (men) are doubtlessly cleansed (from sin).
  • (They are) the Aghamarshana, the Devakrita, the Suddhavatis, the Taratsamas, the Kushmandas, the Pavamanis, and the Durgasavitri;
  • The Atishaegas, the Padastobhas, and the Samans (called) Vyahriti, the Bharunda Samans, the Gayatra (Saman), and the Raivata;
  • The Purushavrata and the Bhasa, and likewise the Devavrata (Samans), the Abliega, the Barhaspatya, the hymn addressed to Vak, likewise the Rikas (called) Madhu;
  • The Satarudriya, the Atharvasiras, the Trisuparna, the Mahavrata, the Gosukta, and the Asvasukta, and the two Samans (called) Suddhasuddhiya.
  • The three (Samans called) Agyadohas, the Rathantara, the Agnervrata, the Vamadevya, and the Brihat, being muttered, purify (all) living beings. (He who sings them) may obtain the recollection of former existences, if he desires it.
  • Gold is the firstborn of Fire, through Vishnu exists the earth, and the cows are children of them Sun; he who bestows as gifts gold, a cow, and land will obtain rewards without end for them.
  • A cow, a horse, gold, (and) land, bestowed on an unlearned Brahmana who neglects his sacred duties, prevent the giver (from attaining heaven).
  • (If he presents), on the full moon of the month of Vaisakha, (to) seven or five Brahmanas, black or white sesamum grains (mixed) with honey, (saying), ‘May the king of justice (Yama) rejoice!’ or (expressing) some other (wish) which he may have in his mind, the guilt which he has incurred during his (whole) life will instantly vanish.
  • But hear (now) the reward of the merit acquired by that man who gives the skin of a black antelope, to which the hoofs are (still) attached and the navel of which is adorned with gold, covering it with sesamum grains.
  • ‘Without doubt he has bestowed (through that gift) the four-faced earth, together with its caves filled with gold, and together with its mountains, groves, and forests.’
  • He who, placing on the skin of a black antelope, sesamum, gold, honey, and butter, gives it to a Brahmana, overcomes all sin.’
Laws after Life
  • Through liberality (man) obtains all his desires,
  • (Even) longevity, (and he is born again as) a student of the Veda, possessed of beauty.
  • He who abstains from injuring (sentient beings) obtains heaven.
  • By entering a fire the world of Brahman (is gained).
  • By (a vow of) silence (he obtains) happiness.
  • By staying (constantly) in water he becomes a lord of elephants.
  • He who expends his hoard (in gifts) becomes free from disease.
  • A giver of water (becomes) rich by (the fulfilment of) all his desires.
  • A giver of food (will have) beautiful eyes and a good memory.
  • He who gives a promise to protect (somebody) from all dangers (becomes) wise.
  • (To bestow gifts) for the use of cows (is equal to) bathing at all sacred places.
  • By giving a couch and a seat (the giver becomes) master of a harem.
  • By giving an umbrella (the giver) obtains a house.
  • He who gives a house obtains a town.
  • He who gives a pair of shoes obtains a vehicle.
  • Now they quote also (the following verses): Whatever sin a man distressed for livelihood commits, (from that) he is purified by giving land, (be it) even “a bull’s hide.”’
  • ‘He who gives to a Brahmana a vessel filled with water for sipping, will obtain after death complete freedom from thirst and be born again as a drinker of Soma.’
  • ‘If a gift of one thousand oxen fit to draw a carriage (has been bestowed) according to the rule on a perfectly worthy man, that is equal to giving a maiden.’
  • ‘They declare that cows, land, and learning are the three most excellent gifts. For to give learning is (to bestow) the greatest of all gifts, and it surpasses those (other gifts).’
  • ‘A learned man who, free from envy, follows this rule of conduct which procures endless rewards, and which through final liberation frees him from transmigration;’
  • ‘Or who, full of faith, pure, and subduing his senses, remembers or even hears it, will, freed from all sin, be exalted in the highest heaven.’
Laws for Whole Life
  • Practise righteousness, not unrighteousness; speak truth, not untruth; look far, not near; look towards the Highest, not towards that which is not the Highest.
  • A Brahmana is a fire.
  • For the Veda (says), ‘Agni, forsooth, is a Brahmana.’
  • And how is that?
  • And it is also declared in the Kathaka, ‘On that (occasion) the body of the Brahmana who represents the sacrificial seat is the altar, the vow to perform the rite is the sacrifice, the soul is the animal to be slain, the intellect the rope (with which the animal is bound), the mouth of (the Brahmana) who represents the seat is the Ahavaniya fire, in his navel (is the Dakshina fire), the fire in his abdomen is the Garhapatya fire, the Prana is the Adhvaryu priest, the Apana, the Hotri priest, the Vyana the Brahman, the Samana the Udgatri priest, the organs of sensation the sacrificial vessels. He who knowing this offers a sacrifice to the organs through the organs.’...
  • Now they quote also (the following verses): ‘An offering placed in the mouth-fire of a Brahmana which is rich in Veda-fuel, protects and saves the giver and (the eater) himself from sin.’
  • ‘But the offering made through the mouth of a Brahmana, which is neither spilt nor causes pain (to sentient creatures), nor assails him (who makes it), is far more excellent than an Agnihotra.’
  • After performing a mental sacrifice at which meditation (takes the place of the sacred) fire, truthfulness (the place of) the sacred fuel, patience (the place of) the oblation, modesty (the place of) the sacrificial spoon, abstention from injuring living beings (the place of the) sacrificial cake, contentment (the place of) the sacrificial post, (and a promise of) safety given to all beings which is hard to keep (the place of) the reward given to the priests, a wise man goes to his (eternal) home.
  • The hair of an aging man shows signs of age, (and) the teeth of an aging man show signs of age, (but) the desire to live and the desire for wealth do not decay even in an aging man.
  • Happiness (is the portion) of that man who relinquishes (all) desire, which fools give up with difficulty, which does not diminish with age, and which is a life-long disease.
  • Adoration to Vasishtha Satayatu, the son of Mitra and Varuna and Urvasi!

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