1. Man formed of uterine blood and virile seed proceeds from his mother and his father (as an effect) from its cause. 1
2. (Therefore) the father and the mother have power to give, to sell, and to abandon their (son).
3. But let him not give or receive (in adoption) an only son; 3
4. For he (must remain) to continue the line of the ancestors. 4
5. Let a woman neither give nor receive a son except with her husband’s permission. 5
6. He who desires to adopt a son, shall assemble 6 his kinsmen, announce his intention to the king, make burnt-offerings in the middle of the house, reciting the Vyâhritis, and take (as a son) a not remote kinsman, just the nearest among his relatives.
7. But if a doubt arises (with respect to an adopted son who is) a remote kinsman, (the adopter) shall set him apart like a Sûdra. 7
8. For it is declared in the Veda, ‘Through one he saves many.’ 8
9. If, after an adoption has been made, a legitimate son be born, (the adopted son) shall obtain a fourth part, 9
10. Provided he be not engaged in (rites) procuring prosperity. 10
11. He who divulges the Veda (to persons not authorised to study it), he who sacrifices for Sûdras, (and all those) who have fallen from the rank of the highest caste (shall be excommunicated by the ceremony of) emptying the water-vessel. 11
12. 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; 12
13. And the relatives of the (outcast), allowing their hair to hang down, shall touch him who empties (the pot). 13
14. Turning (when they leave) their left hands towards (that spot), they may go home at pleasure. 14
15. Let them not afterwards admit the (excommunicated person) to sacred rites. 15
16. Those who admit him to sacred rites become his equals.
17. But outcasts who have performed (the prescribed) penance (may be) readmitted.
18. 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.’
19. 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.
20. 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. 20
21. 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. 21
1. Now (follow the rules regarding) legal proceedings.
2. Let the king (or) his minister transact the business on the bench. 2
3. When two (parties) have a dispute, let him not be partial to one of them. 3
4. Let him reason properly regarding an offence; finally the offence (will become evident thereby). 4
5. 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. 5
6. And let him protect what has been gained; 6
7. (Likewise) the property of infants (of the) royal (race). 7
8. (Likewise the property) of persons unfit to transact legal business (minors, widows, and so forth). 8
9. But if (a minor) comes of age, his property must be made over to him.
10. ‘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).’ 10
11. 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). 11
12. Near new-built houses (and) other things (of the same description there shall be) a passage three feet broad. 12
13. In a dispute about a house or a field, reliance (may be placed on the depositions of) neighbours. 13
14. If the statements of the neighbours disagree, documents (may be taken as) proof.
15. 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). 15
16. 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.’ 16
17. Whatever belonging to these (eight kinds of property) has been enjoyed (by another person) for ten years continuously (is lost to the owner). 17
18. 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).’ 18
19. Property entirely given up (by its owner) goes to the king. 19
20. If it be otherwise, the king with his ministers and the citizens shall administer it. 20
21. A king will be superior even to Brahman if he lives surrounded by servants (who are keen-eyed) like vultures.
22. But a king will not be exalted if he lives surrounded by servants (who are greedy) like vultures.
23. Let him live surrounded by servants (who are keen-eyed) like vultures, let him not be a vulture surrounded by vultures.
24. For through his servants blemishes become manifest (in his kingdom),
25. (Such as) theft, robbery, oppression, and (so forth).
26. Therefore let him question his servants before-hand.
27. Now (follow the rules regarding) witnesses:
28. Srotriyas, men of unblemished form, of good character, men who are holy and love truth (are fit to be) witnesses, 28
29. Or (men of) any (caste may give evidence) regarding (men of) any (other caste). 29
30. Let him make women witnesses regarding women; for twice-born men twice-born men of the same caste (shall be witnesses), and good Sûdras for Sûdras, and men of low birth for low-caste men. 30
31. Now they quote also (the following verse): ‘A son need not pay money due by a surety, any-thing idly promised, money due for losses at play or for spirituous liquor, nor what remains unpaid of a fine or a toll.’ 31
32. ‘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).’
33. ‘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.’ 33
34. ‘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.’ 34
35. (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 Brâhmana; they declare that an untruth spoken in these five cases does not make (the speaker) an outcast. 35
36. 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. 36
1. The father throws his debts on the (son) and obtains immortality if he sees the face of a living son. 1
2. 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.’ 2
3. There is a curse (in the Veda), ‘May our enemies be destitute of offspring.’ 3
4. There is also (the following) passage of the Veda, ‘May I obtain, O Agni, immortality by offspring.’ 4
5. ‘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.’ 5
6. 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.’ 6
7. With respect to this (matter) they quote also on both sides verses like the following:
8. (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.’ 8
9. (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.’ 9
10. 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. 10
11. If among many wives of one husband, one have a son, they all have offspring through that son; thus says the Veda. 11
12. Twelve (kinds of) sons only are noticed by the ancients. 12
13. The first (among these is the son) begotten by the husband himself on his legally married wife. 13
14. 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). 14
15. The third is an appointed daughter. 15
16. 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.’ 16
17. 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.’ 17
18. The fourth is the son of a remarried woman. 18
19. She is called remarried (punarbhû) who leaving the husband of her youth, and having lived with others, re-enters his family; 19
20. And she is called remarried who leaving an impotent, outcast or mad husband, or after the death of her husband takes another lord. 20
21. The fifth is the son of an unmarried damsel. 21
22. They declare that the son whom an unmarried damsel produces through lust in her father’s house, is the son of his maternal grandfather. 22
23. 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).’
24. (A male child) secretly born in the house is the sixth. 24
25. They declare that these (six) are heirs and kinsmen, preservers from a great danger. 25
26. Now among those (sons) who are not heirs, but kinsmen, the first is he who is received with a pregnant bride. 26
27. (The son of a damsel) who is married pregnant (is called) a son received with the bride (sahodha).
28. The second is the adopted son,
29. (He) whom his father and his mother give (in adoption). 29
30. (The son) bought is the third.
31. That is explained by (the story of) Sunahsepa.
32. ‘Hariskandra, forsooth, was a king. He bought the son of Agîgarta Sauyavasi. 32
33. The fourth is (the son) self-given. 33
34. That is (likewise) explained by (the story of) Sunahsepa.
35. ‘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.” Visvâmitra was the Hotri priest at that (sacrifice). He became his son.’
36. The son cast off is the fifth. 36
37. (He is called so) who, cast off by his father and his mother, is received (as a son).
38. They declare that the son of a woman of the Sûdra caste is the sixth. These (six) are kinsmen, not heirs. 38
39. 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).
40. Now (follow the rules regarding) the partition of the (paternal) estate among brothers: 40
41. And (let it be delayed) until those (widows) who have no offspring, (but are supposed to be pregnant), bear sons. 41
42. Let the eldest take a double share, 42
43. And a tithe of the kine and horses.
44. The goats, the sheep, and the house belong to the youngest,
45. Black iron, the utensils, and the furniture to the middlemost.
46. Let the daughters divide the nuptial present of their mother. 46
47. If a Brâhmana has issue by wives belonging to the Brâhmana, Kshatriya, and Vaisya classes respectively, 47
48. The son of the Brâhmana wife shall receive three shares,
49. The son of the Kshatriya wife two shares,
50. The other (sons) shall inherit equal shares.
51. And if one of the (brothers) has gained something by his own (effort), he shall receive a double share. 51
52. But those who have entered a different order receive no share, 52
53. Nor (those who are) eunuchs, madmen, or outcasts. 53
54. Eunuchs and madmen (have a claim to) maintenance. 54
55. The widow of a deceased person shall sleep 55 on the ground during six months, practising religious vows and abstaining from pungent condiments and salt.
56. 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). 56
57. Let him not appoint a (widow who is) mad, ill-conducted, or diseased, 57
58. Nor one who is very aged.
59. Sixteen years (after maturity is the period for appointing a widow);
60. Nor (shall an appointment be made) if the (male entitled to approach the widow) is sickly.
61. Let him approach (the widow) in the muhûarta sacred to. Pragâpati, (behaving) like a husband, without (amorously) dallying with her, and without abusing or ill-treating her. 61
62. Let her obtain (the expenses for) food, raiment, baths, and unguents from (the estate of) her former (husband).
63. They declare that a son begotten on (a widow who has) not been (duly) appointed, belongs to the begetter. 63
64. If she was (appointed, the child belongs) to both the males connected with the appointment. 64
65. No appointment (shall be made) through a desire to obtain the estate. 65
66. Some say, ‘Or, one may appoint (a widow out of covetousness), after imposing a penance.’ 66
67, A maiden who has attained puberty shall wait for three years. 67
68. After three years (have passed), she may take a. husband of equal caste.
69. 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).’
70. ‘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.’ 70
71. ‘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.’ 71
72. ‘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.’ 72
73. ‘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.’
74. ‘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.’
75. The wife of an emigrant shall wait for five years. 75
76. After five years (have passed), she may go (to seek) her husband.
77. 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.
78. In this manner a wife of the Brâhmana 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 Sûdra caste who has issue, three years, and one who has no issue, one year.
79. 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. 79
80. But while a member of her family is living, she shall certainly not go to a stranger.
81. Let the Sapindas or the subsidiary sons divide the heritage of him who has no heir of the first-mentioned six kinds. 81
82. On failure of them the spiritual teacher and a pupil shall take the inheritance. 82
83. On failure of those two the king inherits. 83
84. But let the king not take (the estate) of a Brâhmana.
85. For the property of a Brâhmana is a terrible poison.
86. ‘Poison they do not call the (worst) poison; the property of a Brâhmana is said to be the (most destructive) poison. Poison destroys only one person, but the property of a Brâhmana (him who takes it) together with sons and grandsons.’
87. He should give it to men who are well versed in the three Vedas. 87
1. They declare that the offspring of a Sûdra and of a female of the Brâhmana caste becomes a Kândâla, 1
2. (That of a Sûdra and) of a female of the Kshatriya caste, a Vaina,
3. (That of a Sûdra and) of a female of the Vaisya caste, an Antyâvasâyin.
4. They declare that the (son) begotten by a Vaisya on a female of the Brâhmana caste becomes a Râmaka, 4
5. (The son begotten by the same) on a female of the Kshatriya caste, a Pulkasa.
6. They declare that the (son) begotten by a Kshatriya on a female of the Brâhmana caste becomes a Sûta. 6
7. 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.’ 7
8. (Children) begotten by Brâhmanas, Kshatriyas, and Vaisyas on females of the next lower, second lower, and third lower castes become (respectively) Ambashthas, Ugras, and Nishâdas. 8
9. (The son of a Brâhmana and) of a Sûdra woman (is) a Pârasava.
10. They declare that the condition of a Pârasava is that of one who, though living, is (as impure) as a corpse. 10
11. Some call that Sûdra race a burial-ground. 11
12. Therefore (the Veda) must not be recited in the presence of a Sûdra.
13. Now they quote also the (following) verses, which Yama proclaimed:
‘The wicked Sûdra-race is manifestly a burial-ground. Therefore (the Veda) must never be recited in the presence of a Sûdra.’
14. ‘Let him not give advice to a Sûdra, 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.’ 14
15. ‘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.’
16. ‘If ever a worm is produced in an open wound (on his body), he shall purify himself by the Prâgâpatya penance, and give gold, a cow, (and) a garment as presents (to Brâhmanas).’ 16
17. Let him not approach a wife of the Sûdra caste after he has built the fire-altar for a Srauta-sacrifice.
18. For a Sûdra-wife who belongs to the black race, (is espoused) for pleasure, not in order to fulfil the law.
1. The particular duty of a king is to protect (all) beings; by fulfilling it (he obtains) success (in this world and in the next). 1
2. 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). 2
3. Therefore let him appoint a domestic priest to (perform the rites) obligatory on the order of householders. 3
4. It is declared in the Veda, ‘A realm where a Brâhmana is appointed domestic priest, prospers;’ 4
5. For thus both (the special duties of a king and those of a householder) will be fulfilled,
6. And (the king alone is) unable (to do both).
7. Let the king, paying attention to all the laws of countries, (subdivisions of) castes (gâti) and families, make the four castes (varna) fulfil their (respective) particular duties. 7
8. Let him punish those who stray from (the path of duty). 8
9. 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), 9
10. In accordance with (the precepts of) the (sacred) records and with precedents.
11. Let him not injure trees that bear fruit or flowers. 11
12. (But) he may injure them in order to extend cultivation and (for sacrifices). 12
13. The measures and weights of objects necessary for households must be guarded (against falsification). 13
14. Let him not take property for his own use from (the inhabitants of) his realm. 14
15. The measures and price (of such property) only shall be liable to deductions (in the shape of taxes).
16. . . . . . . . . . . 16
17. On the march against the enemy the army which consists of companies of ten, shall be able to perform a double (duty). 17
18. In every (camp) there shall be places where water is distributed.
19. Let him make one hundred men at the least engage in battle.
20. The wives (of slain soldiers) shall be provided for.
21. . . . . . . . . . . 21
22. A ferry shall be taken away (from a river) in which there is no water. 22
23. A Srotriya is free from taxes, (and so are) a servant of the king, one who has no protector, 23 one who has left (the order of householders), an infant, a very aged man, a young man (who studies), and pradâtâs;
24. (Moreover widows) who return to their former (family), unmarried maidens, and the wives of servants, 24
25. He who swims with his arms (across a river in order to escape payment of a toll at a ferry) shall pay one hundred times (the amount due). 25
26. No taxes (shall be paid) on the usufruct of rivers, dry grass, forests, (places of) combustion, and mountains; 26
27. Or those who draw their subsistence from them may pay (something),
28. But he shall take a monthly tax from artisans. 28
29. And when a king has died, let him give what is required for the occasion. 29
30. It is hereby explained that (his) mother (must receive) maintenance.
31. Let the king maintain the paternal and maternal uncles of the chief-queen,
32. As well as her other relatives.
33. The wives of the (deceased) king shall receive food and raiment,
34. Or if they are unwilling, they may depart. 34
35. Let the king maintain eunuchs and madmen, 35
36. Since their property goes to him.
37. Now they quote also a verse proclaimed by Manu, which refers to duties and. taxes, ‘No duty (is paid) on a sum less than a Karshâpana, 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.’ 37
38. A thief becomes free from guilt by entering (the royal presence) after (his deed and asking to be punished). 38
39. But according to some (lawyers) he (who is caught) with weapons in his hands, with stolen goods in his possession, or covered with wounds is proved (to be a criminal). 39
40. In case (a criminal) worthy of punishment is allowed to go free, the king shall fast during one (day and one) night;
41. (And) his domestic priest during three (days and) nights.
42. If an innocent man is punished, the domestic priest (shall perform) a Krikkhra penance;
43. (And) the king (shall fast) during three (days and) nights.
44. Now they quote also (the following verses): ‘The slayer of a learned Brâhmana 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).’ 44
45. ‘But men who have committed offences and have received from kings the punishment (due to them), go pure to heaven, and (become) as holy as the virtuous.’ 45
46. ‘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.’
47. ‘It is ordained that kings become at once pure (by bathing) when they have done acts causing death. They are likewise (pure while engaged in business) not causing death. Time is the reason for that.’ 47
48. And with reference to this (matter) they quote a verse proclaimed by Yama, ‘No taint of impurity, forsooth, falls on kings, on those engaged . in practising vows, or on those engaged in the performance of sacrificial session (sattra); for (the first) are seated on the throne of Indra, (and the others) are always equal to Brahman.’ 48
1. A penance (shall be performed) for an offence committed unintentionally. 1
2. Some (declare that it shall be performed) also for (a fault) committed intentionally.
3. ‘The spiritual teacher corrects the learned; the king corrects the evil-minded; but Yama, the son of Vivasvat, forsooth, punishes those who offend secretly.’
4. And among those (sinful persons), let him who slept at sunrise stand during the (following) day and recite the verse sacred to Savitri. 4
5. Let him who slept at sunset remain in a sitting posture during the (next) night, likewise (reciting the Gâyatrî). 5
6. But let a man with deformed nails or black teeth perform a Krikkhra penance of twelve days’ duration. 6
7. 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). 7
8. 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).
9. The husband of a younger sister married before her elder sister shall perform a Krikkhra penance during twelve days, marry and take to him that (elder sister).
10. The husband of an elder sister married after the younger one shall perform a Krikkhra penance and an Atikrikkhra penance, give (his wife) to that (husband of the younger sister and marry again). 10
11. We shall, declare below (the penance prescribed for) him who extinguishes the sacred fire. 11
12. 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. 12
13. He who violates a Guru’s bed shall cut off his organ, together with the testicles, take them into his joined hands and walk towards the south wherever he meets with an obstacle (to further progress), there he shall stand until he dies: 13
14. Or, having shaved all his hair and smeared his body with clarified butter, he shall embrace the heated (iron) image (of a woman). It is declared in the Veda that he is. purified after death, 14
15. The same (expiation is prescribed if the offence was committed) with the wife of the teacher, of a son, and of a pupil. 15
16. 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 Apapâtra female, or with an outcast, he shall perform a Krikkhra penance during three months. 16
17. The same (penance must be performed) for eating food given by a Kândâla or by an outcast. Afterwards the initiation (must be performed) once more; but the tonsure and the rest may be omitted.
18. 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.’ 18
19. If (a Brâhmana) intentionally (drinks) other spirituous liquor than that distilled from rice, or if he unintentionally (drinks) spirituous liquor extracted from rice (surâ), he (must perform) a Krikkhra and an Atikrikkhra, and, after eating clarified butter, be initiated again. 19
20. The same (expiation is prescribed) for swallowing ordure, urine, and semen.
21. If a Brâhmana 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 Palâsa (leaves). 21
22. But a Brâhmana who repeatedly (and intentionally partakes) of liquor extracted from rice, shall drink (liquor of) the same (kind) boiling hot. ‘He becomes pure after death.’ 22
23. We will declare (who must be considered) the slayer of a learned Brâhmana (bhrûnahan). He is called Bhrûnahan who kills a Brâhmana or destroys an embryo (the sex of) which is unknown. 23
24. ‘For embryos (the sex of) which is unknown 24 become males; therefore they offer burnt-oblations for the production of males.’
25. Let the slayer of a learned Brâhmana kindle a fire and offer (therein the following eight oblations, consisting of portions of his own body), 25
26. The first (saying), ‘I offer my hair to Death, I feed Death with my hair;’ the second (saying), I offer my skin to Death, I feed Death with my skin;’ the third (saying), ‘I offer my blood to Death, I feed Death with my blood;’ the fourth (saying), I offer my flesh to Death, I feed Death with my flesh;’ the fifth (saying), ‘I offer my sinews to Death, I feed Death with my sinews;’ the sixth (saying), ‘I offer my fat to Death, I feed Death with my fat;’ the seventh (saying), ‘I offer my bones to Death, I feed Death with my bones;’ the eighth (saying), ‘I offer my marrow to Death, I feed Death with my marrow.’
27. (Or) let him (fight) for the sake of the king, or for the sake of Brâhmanas, and let him die in battle with his face turned (to the foe). 27
28. It is declared in the Veda, ‘(A murderer) who remains thrice unvanquished or is thrice defeated (in battle) becomes pure.’ 28
29. ‘A sin which is openly proclaimed becomes smaller.’ 29
30. To this (effect) they quote also (the following verse): ‘By saying to an outcast, “O thou outcast!” or to a thief, “O thou thief!” a man incurs a guilt as great as (that of the offender). (If he) falsely (accuses anybody of such offences), his guilt will be twice as great.’ 30
31. In like manner having slain a Kshatriya, he shall perform (a penance) during eight years, 31
32. For (killing) a Vaisya during six (years), 32
33. For (killing) a Sûdra, during three (years), 33
34. For killing a female of the Brâhmana caste who is an Atreyî, and a Kshatriya or a Vaisya, engaged in a sacrifice (the same penance must be performed as for killing a learned Brâhmana). 34
35. We will explain (the term) Atreyî. They declare that she who has bathed after temporary uncleanness is an Atreyî.
36. ‘For if (the husband) approaches her at that (time), he will have offspring.’ 36
37. (For killing a female of the Brâhmana caste) who is not an Âtreyî, (the penance prescribed) for the murder of a Kshatriya (must be performed), 37
38. (For killing) a female of the Kshatriya caste, (the penance prescribed) for the murder of a Vaisya,
39. (For killing) a female of the Vaisya caste, (the penance prescribed) for the murder of a Sûdra.
40. (For killing) a female of the Sûdra caste (let him perform) during one year (the penance prescribed for the murder of a Brâhmana).
41. If a man has stolen gold belonging to a Brâhmana, 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. 41
42. Or (such a thief) may shave off all his hair, anoint his body with clarified butter, and cause himself to be burnt from the feet upwards, in a fire of dry cowdung. It is declared in the Veda that he becomes pure after death. 42
43. 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);’
44. ‘A thief will have deformed nails, the murderer of a Brâhmana 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.’ 44
45. 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). 45
46. It is declared in the Veda that (he who has associated with outcasts) becomes pure by reciting the Samhitâ (of his Veda), proceeding in a northerly direction and fasting. 46
47. They quote also (a verse) to this (effect), ‘A sinner is liberated from guilt by tormenting his body, by austerities, and by reciting the Veda; he becomes also free by bestowing gifts. That has been declared in the Veda.’
1. If a Sûdra approaches a female of the Brâhmana caste, (the king) shall cause the Sûdra to be tied up in Vîrana grass and shall throw him into a fire. He shall cause the head of the Brâhmanî 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). 1
2. If a Vaisya approaches a female of the Brâhmana 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 Brâhmanî to be shaved, and her body to be anointed with butter; placing her naked on a yellowish donkey, he shall cause her to be conducted along the highroad. It is declared in the Veda that she becomes pure (thereby).
3. If a Kshatriya approaches a female of the Brâhmana 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 Brâhmanî to be shaved, and her body to be anointed with butter; placing her naked on a white donkey, he shall cause her to be conducted along the highroad. It is declared in the Veda that she becomes pure (thereby).
4. A Vaisya who offends) with a female of the Kshatriya class (shall be treated) in the same manner,
5. And a Sûdra (who offends) with females of the Kshatriya or Vaisya castes.
6. If (a wife) has been mentally unfaithful to her husband, she shall live on barley or rice boiled in milk during three days, and sleep on the bare ground. After the three days (have expired), the (husband) shall offer eight hundred burnt-oblations, (reciting) the Sâvitrî (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby). 6
7. If (a wife) has held an (improper) conversation (with another man), she must perform the same penance during a month. After (the expiration of) the month, (the husband) shall offer four times eight hundred burnt-oblations, (reciting) the Sâvitrî (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
8. But if (a wife) has actually committed adultery, she shall wear during a year a garment smeared with clarified butter, and sleep on a mat of 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 Sâvitrî (and the Mantra called) Siras, while she is immersed in water. It is declared in the Veda that she becomes pure (thereby).
9. But if she commits adultery with a Guru, she is forbidden (to assist her husband) in (the fulfilment of) his sacred duties. 9
10. But (these) four (wives) must be abandoned, (viz.) one who yields herself to (her husband’s) pupil or to (his) Guru, and especially one who attempts 10 the life of her lord, or who commits adultery with a man of a degraded caste.
11. That woman of the Brâhmana 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. 11
12. The wives of Brâhmanas, Kshatriyas, and Vaisyas who commit adultery with a Sûdra may be purified by a penance in case no child is born (from their adulterous intercourse), not otherwise.
13. (Those who have committed adultery) with a man of lower caste shall perform a Krikkhra penance, succeeded by one, two, or three Kândrâyana. 13
14. 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. 14
15. Half the body of the husband falls if his wife 15 drinks spirituous liquor. No purification is prescribed for the half which has fallen.
16. If a Brâhmana unintentionally commits adultery with the wife of a Brâhmana, (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. 16
17. The same (penances are prescribed) for Kshatriyas and Vaisyas (for adultery with women of their respective castes).
18. If he kills a cow, let him perform, during six months, a Krikkhra or a Taptakrikkhra, dressed in the raw hide of that (cow). 18
19. The rule for these two (penances is as follows):
20. ‘During three days he eats in the day-time (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. 20
21. ‘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. 21
22. And he shall give (to a Brâhmana) a bull and a cow.
23. Now they quote also (the following verse): ‘Through killing a spotted deer, a he-goat, and 23 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).’
24. 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 Brâhmana). 24
25. 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 Brâhmana). 25
26. But (the same penance must be performed) for each single (slain animal) that possesses bones. 26
27. 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). 27
28. 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. 28
29. An atheist shall perform a Krikkhra penance of twelve days’ duration, and give up his infidelity. 29
30. But he who receives subsistence from infidels (shall perform) an Atikrikkhra penance (and not repeat his offence).
31. (The rule applicable to) a seller of Soma has been explained hereby. 31
32. 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.
33. 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. 33
1. 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. 1
2. They are in doubt if he shall perform a penance for such (a deed), or if he shall not do it.
3. (Some) declare that he shall not do it,
4. Because the deed does not perish.
5. (The correct view is, that) he shall perform (a penance), because it is enjoined in the revealed texts, 5
6. ‘He who offers a horse-sacrifice conquers all sin, he destroys the guilt of the murder of a Brâhmana.’
7. (Moreover), ‘Let an Abhisasta offer a Gosava or an Agnishtut-sacrifice,’
8. Reciting the Veda, austerity, a sacrifice, fasting, giving gifts are the means for expiating such a (blamable act).
9. (The purificatory texts are) the Upanishads, the Vedântas, the Samhitâ-text of all the Vedas, the (Anuvâkas called) Madhu, the (hymn of) Aghamarshana, 9
the Atharvasiras, the (Anuvâkas called) Rudras, the Purusha-hymn, the two Sâmans called Râgana and Rauhineya, the Kûshmândas, the Pâvamânîs, and the Sâvitrî,
10. Now they quote also (the following verse): ‘He who performs once in each season the offerings to Vaisvânara and Vratapati and the Pavitreshti sanctifies ten ancestors.’ 10
11. 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. 11
12. All mountains, all rivers, holy lakes, places of pilgrimage, the dwellings of Rishis, cowpens, and temples of the gods (are) places (which destroy sin).
13. A year, a month, twenty-four days, twelve days, six days, three days, a day and a night are the periods (for penances).
14. These (acts) may be optionally performed when no (particular penance) has been prescribed,
15. (Viz.) for great sins difficult (penances), and for trivial faults easy ones.
16. The Krikkhra and the Atikrikkhra (as well as) the Kândrâyana are penances for all (offences).