Gautama Nyaya Sutras
The Nyaya Sutras of Maharishi Gautama embody the distinguishing and deciding quality of consciousness. They are the first of the six darshanas – the six systems of Indian philosophy.
CHAPTER I
1. THE Veda is the source of the sacred law, 1
2. And the tradition and practice of those who know the (Veda).
3. Transgression of the law and violence ate observed (in the case) of (those) great (men); but both are without force (as precedents) on account of the weakness of the men of later ages. 3
4. If (authorities) of equal force are conflicting, (either may be followed at) pleasure.
5. The initiation of a Brâhmana (shall ordinarily take place) in his eighth year;
6. (It may also be performed) in the ninth or fifth (years) for the fulfilment of (some particular) wish. 6
7. The number of years (is to be calculated) from conception. 7
8. That (initiation) is the second birth. 8
9. The (person) from whom he receives that (Sacrament is called) the Âkârya (teacher). 9
10. And (the same title is also bestowed) in consequence of the teaching of the Veda. 10
11. (The initiation) of a Kshatriya (shall ordinarily take place) in the eleventh (year after conception), and that of a Vaisya in the twelfth. 11
12. Up to the sixteenth year the time for the Sâvitrî of a Brâhmana has not passed, 12
13. Nor (for the initiation) of a Kshatriya up to the twentieth (year). 13
14. (And the limit for that) of a Vaisya (extends) two years beyond (the latter term).
15. The girdles (worn by students) shall be strings of Muñga grass, a bow-string, or a (wool) thread, according to the order (of the castes). 15
16. (Their upper garments shall be) skins of black-bucks, spotted deer, (or) he-goats. 16
17. Hempen or linen cloth, the (inner) bark (of trees), and woollen blankets (may be worn as low garments by students) of all (castes), 17
18. And undyed cotton cloth.
19. Some (declare that it) even (may be dyed) red. 19
20. (In that case the garment) of a Brâhmana (shall be dyed with a red dye) produced from a tree,
21. (And those of students) of the other two (castes shall be) dyed with madder or turmeric.
22. The staff (carried by a student) of the Brâhmana (caste shall be) made of Biliva or Palâsa wood. 22
23. Staves made of Asvattha or Pîlu wood (are fit) for (students of) the remaining (two castes).
24. Or (a staff cut from a tree) that is fit to be used at a sacrifice (may be carried by students) of all (castes). 24
25. (The staves must be) unblemished, bent (at the top) like a sacrificial post, and covered by their bark. 25
26. They shall reach the crown of the head, the forehead, (or) the tip of the nose (according to the caste of the wearer). 26
27. (It is) optional (for students) to shave (their heads), to wear the hair tied in a braid, (or) to keep (merely) a lock on the crown of the head tied in a braid (shaving the other portions of the head). 27
28. If he becomes impure while holding things in his hands, he shall (purify himself) by sipping water without laying (them on the ground). 28
29. (As regards) the purification of things, (objects) made of metal must be scoured, those made of clay should be thoroughly heated by fire, those made of wood must be planed, and (cloth) made of thread should be washed. 29
30. (Objects made of) stone, jewels, shells, (or) mother-of-pearl (must be treated) like those made of metal. 30
31. (Objects made of) bone and mud (must be treated) like wood. 31
32. And scattering (earth taken from a pure spot is another method of purifying defiled) earth. 32
33. Ropes, chips (of bamboo), and leather (must be treated) like garments. 33
34. Or (objects) that have been defiled very much may be thrown away. 34
35. Turning his face to the east or to the north, he shall purify himself from personal defilement. 35
36. Seated in a pure place, placing his right arm between his knees, arranging his dress (or his 36 sacrificial cord) in the manner required for a sacrifice to the gods, he shall, after washing his hands up to the wrist, three or four times, silently, sip water that reaches his heart; twice wipe (his lips); sprinkle his feet and (his head); touch the cavities in the head (severally) with (certain fingers of his) right hand; (and finally) place (all the fingers) on the crown of his head and (on the navel).
37. After sleeping, dining, and sneezing (he shall) again (sip water though he may have done so before). 37
38. (Remnants of food) adhering to the teeth (do not make the eater impure as little) as his teeth, except if he touches them with his tongue. 38
39. Some (declare, that such remnants do not defile) before they fall (from their place). 39
40. If they do become detached, he should know that he is purified by merely swallowing them, as (in the case of) saliva. 40
41. Drops (of saliva) failing from the mouth do not cause impurity, except if they fall on a limb of the body. 41
42. Purification (from defilement) by unclean substances (has been effected) when the stains and the (bad) smell have been removed. 42
43. That (should be done) by first (using) water and (afterwards) earth, 43
44. When urine, fæces, or semen fall on a (limb) and when (a limb) is stained (by food) during meals (water should be sipped). 44
45. And in case the Veda ordains (a particular manner of purification, it must be performed according to the precept). 45
46. Taking hold with (his right) hand of the left 46 hand (of his teacher), but leaving the thumb free, (the pupil) shall address his teacher, (saying): ‘Venerable Sir, recite!’
47. He shall fix his eyes and his mind on the (teacher). 47
48. He shall touch with Kusa grass the (seat of the) vital airs. 48
49. He shall thrice restrain his breath for (the space of) fifteen moments; 49
50. And he shall seat himself on (blades of Kusa grass) the tops of which are turned toward the east. 50
51. The five Vyâhritis must (each) be preceded by (the syllable) Om and end with Satya. 51
52. (Every) morning the feet of the teacher must be embraced (by the pupil), 52
53. And both at the beginning and at the end of a lesson in the Veda.
54. After having received permission, the pupil 54 shall sit down to the right (of his teacher), turning his face towards the east or towards the north,
55. And the Sâvitrî must be recited; 55
56. (All these acts must be performed) at the beginning of the instruction in the Veda. 56
57. The syllable Om (must precede the recitation of) other (parts of the Veda) also, 57
58. If (any one) passes between (the teacher and the pupil) the worship (of the teacher must be performed) once more. 58
59. If a dog, an ichneumon, a snake, a frog, (or) a cat (pass between the teacher and the pupil) a three days’ fast and a journey (are necessary). 59
60. (In case the same event happens) with other (animals, the pupil) must thrice restrain his breath and eat clarified butter, 60
61. And (the same expiation must be performed), if (unwittingly) a lesson in the Veda has been given on the site of a burial-ground. 61
CHAPTER II.
1. Before initiation (a child) may follow its inclinations in behaviour, speech, and eating. (It shall) not partake of offerings. (It shall remain) chaste. It may void urine and fæces according to its convenience. 1
2. No rule of (purification by) sipping water is prescribed for it. But (the stains of impure substances) shall be removed by wiping, by washing, or by sprinkling water. 2
3. (Other persons) cannot be defiled by the touch of such (a child).
4. But one must not employ a (child) to perform oblations in the fire or Bali-offerings; 4
5. Nor must one make it recite Vedic texts, except in pronouncing Svadhâ. 5
6. The restrictive rules, (which will be enumerated hereafter, must be obeyed) after initiation,
7. And (for a student the duty of) chastity, which has been prescribed (above for a child is likewise obligatory), 7
8. (Also) to offer (daily) sacred fuel in the fire, and to beg, to speak the truth, (and) to bathe (daily). 8
9. Some (declare, that the duty) to bathe (exists) after (the performance of) the Godâna (only). 9
10. And the morning and evening devotions (Sandhyâ must be performed) outside (the village). 10
11. Silent he shall stand during the former, and sit during the latter, from (the time when one) light (is still visible) until (the other) light (appears). 11
12. He shall not look at the sun. 12
13. He shall avoid honey, meat, perfumes, garlands, sleep in the day-time, ointments, collyrium, a carriage, shoes, a parasol, love, anger, covetousness, perplexity, garrulity, playing musical instruments, bathing (for pleasure), cleaning the teeth, elation, dancing, singing, calumny, (and) terror, 13
14. (And) in the presence of his Gurus, covering his throat, crossing his legs, leaning (against a wall or the like, and) stretching out his feet, 14
15. (As well as) spitting, laughing, yawning, cracking the joints of the fingers, 15
16. To gaze at and to touch women, if there is danger of a breach of chastity, 16
17. Gambling, low service, to take things not offered, to injure animate beings, 17
18. To pronounce the names of the teacher, of the (teacher’s) sons and wives, and of a person who has performed the Dîkshanîyeshti of a Soma-sacrifice, 18
19. To make bitter speeches. 19
20. A Brâhmana (shall) always (abstain from) spirituous liquor. 20
21. (A student) shall occupy a seat and a couch lower (than those of his teacher), shall rise before (him) and retire to rest after (him). 21
22. He shall keep his tongue, his arms, and his stomach in subjection. 22
23. (If it is absolutely necessary to pronounce), 23
his teacher’s name and family-name, he ought to indicate it by (using) a synonymous term.
24. (He must speak) in the same (respectful) manner of a man who is (generally) revered and of his betters.
25. (If the teacher speaks to him), he shall answer after having risen from his couch or seat (in case he was lying down or sitting). 25
26. At the command (of his teacher) he shall approach, though the (teacher) may not be visible. 26
27. And if he sees his teacher standing or sitting in a lower place or to the leeward or to the windward, he shall rise (and change his position). 27
28. If (his teacher) is walking, he shall walk after him, informing him of the work (which he is going to do and) telling (him what he has done). 28
29. He shall study after having been called (by the teacher, and not request the latter to begin the lesson). 29
30. He shall be intent on (doing) what is pleasing and serviceable (to the teacher). 30
31. And (he shall behave) towards (the teacher’s) wives and sons just as (towards the teacher), 31
32. But not eat their leavings, attend them while bathing, assist them at their toilet, wash their feet, shampoo them nor embrace their feet.
33. On returning from a journey he shall embrace the feet of the wives of his teacher.
34. Some declare, that (a pupil) who has attained his majority is not (to act thus) towards young (wives of his teacher). 34
35. Alms may be accepted from men, of all castes, excepting Abhisastas and outcasts. 35
36. (In begging) the word ‘Lady’ must be pronounced in the beginning, in the middle, or at the end (of the request), according to the order of the castes. 36
37. (He may beg in the houses) of the teacher, of blood relations, (or) of Gurus, and in his own, if he obtains no (alms) elsewhere. 37
38. Among these he shall avoid each preceding one (more carefully than those named later). 38
39. Having announced to the teacher (what he has received) and having received his permission, the (student) may eat (the collected food). 39
40. If (the teacher) is not present, (he shall seek the permission to eat) from his (teacher’s) wives or sons, from fellow-students or virtuous (strangers). 40
41. Having placed water by his side, (he shall eat) in silence, contented, (and) without greed. 41
42. (As a rule) a pupil shall not be punished corporally. 42
43. If no (other course) is possible, (he may be corrected) with a thin rope or a thin cane. 43
44. If (the teacher) strikes him with any other (instrument), he shall be punished by the king.
45. He shall remain a student for twelve years in order (to study) one (recension of the Veda), 45
46. Or, if (he studies) all (the Vedas) twelve years for each,
47. Or during (as long a period as he requires for) learning (them).
48. On completion of the instruction the teacher must be offered a fee. 48
49. After (the pupil) has paid (that) and has been dismissed, he may, at his pleasure, bathe (as is customary on completion of the studentship). 49
50. The teacher is chief among all Gurus. 50
51. Some (say) that the mother (holds that place).
CHAPTER III.
1. Some (declare, that) he (who has studied the Veda) may make his choice (which) among the orders (he is going to enter). 1
2. (The four orders are, that of) the student, (that of) the householder, (that of) the ascetic (bhikshu), (and that of) the hermit in the woods (vaikhânasa). 2
3. The householder is the source of these, because the others do not produce offspring. 3
4. Among them a (professed) student (must follow the rules) given (in the preceding chapters). 4
5. He shall remain obedient to his teacher until (his) end. 5
6. In (the time) remaining after (he has attended to) the business of his Guru, he shall recite (the Veda). 6
7. If the Guru dies, he shall serve his son,
8. (Or) if there is no (son of the teacher), an older fellow-student, or the fire.
9. He who lives thus, gains the heaven of Brahman, and (of him it is said that) he has subdued his organs (of sense and action).
10. And these (restrictions imposed on students Must also be observed by men) of other (orders, provided they are) not opposed (to their particular duties). 10
11. An ascetic shall not possess (any) store. 11
12. (He must be) chaste,
13. He must not change his residence during the rainy season. 13
14. He shall enter a village (only) in order to beg.
15. He shall beg late (after people have finished their meals), without returning (twice), 15
16. Abandoning (all) desire (for sweet food).
17. He shall restrain his speech, his eyes, (and) his actions.
18. He shall wear a cloth to cover his nakedness.
19. Some (declare, that he shall wear) an old rag, after having washed it. 19
20. He shall not take parts of plants and trees, except such as have become detached (spontaneously). 20
21. Out of season he shall not dwell a second night in (the same) village. 21
22. He may either shave or wear a lock on the crown of the head.
23. He shall avoid the destruction of seeds. 23
24. (He shall be) indifferent towards (all) creatures, (whether they do him) an injury or a kindness.
25. He shall not undertake (anything for his temporal or spiritual welfare).
26. A hermit (shall live) in the forest subsisting on roots and fruits, practising austerities. 26
27. Kindling the fire according to the (rule of the) Srâmanaka (Sûtra, he shall offer oblations in the morning and evening). 27
28. He shall eat wild-growing (vegetables only).
29. He shall worship gods, manes, men, goblins, and Rishis. 29
30. He shall receive hospitably (men of) all (castes) except those (with whom intercourse is) forbidden.
31. He may even use the flesh of animals killed by carnivorous beasts. 31
32. He shall not step on ploughed (land),
33. And he shall not enter a village.
34. He shall wear (his hair in) braids, and dress in (garments made of) bark and skins. 34
35. He shall not eat anything that has been hoarded for more than a year. 35
36. But the venerable teacher (prescribes) one order only, because the order of householders is explicitly prescribed (in the Vedas). 36
CHAPTER IV.
1. A householder shall take a wife (of) equal (caste), who has not belonged to another man and is younger (than himself). 1
2. A marriage (may be contracted) between persons who have not the same Pravaras, 2
3. (And) who are not related within six degrees on the father’s side, 3
4. Or on the side of the begetter, 4
5. (Nor) within four degrees on the mothers side. 5
6. (If the father) gives (his daughter) dressed (in two garments) and decked with ornaments to a person possessing (sacred) learning, of virtuous conduct, who has relatives and a (good) disposition, (that is a) Brâhma (wedding). 6
7. At the Prâgâpatya (wedding) the marriage formula is, ‘Fulfil ye the law conjointly.’ 7
8. At the Ârsha (wedding the bridegroom) shall present a cow and a bull to him who has (authority over) the maiden. 8
9. (If the bride) is given, decked with ornaments. to a priest at the altar, that is a Daiva wedding. 9
10. The spontaneous union with a willing (maiden is called) a Gândharva wedding. 10
11. If those who have (authority over) a female are propitiated by money, (that is) an Âsura wedding. 11
12. (If the bride) is taken by force, (that is) a Râkshasa wedding. 12
13. If (a man) embraces a female deprived of consciousness, (that is) a Paisâka wedding. 13
14. The first four (rites) are lawful; 14
15. Some say, (the first) six. 15
16. (Children) born in the regular order of wives of the next, second or third lower castes (become) Savarnas, Ambashthas, Ugras, Nishâdas, Daushyantas or Pârasavas. 16
17. (Children born) in the inverted order (of wives of higher castes become) Sûtas, Mâgadhas, Âyogavas, Kshattris, Vaidehakas or Kandâlas. 17
18. Some declare, that a woman of the Brâhmana caste has born successively to (husbands of) the (four) castes, sons (who are) Brâhmanas, Sûtas, Mâgadhas or Kandâlas; 18
19. (And that) a woman of the Kshatriya caste (has born) to the same, Mûrdhâvasiktas, Kshatriyas, Dhîvaras, Pulkasas;
20. Further, a woman of the Vaisya caste to the same, Bhrigyakanthas, Mâhishyas, Vaisyas, and Vaidehas;
21. (And) a woman of the Sûdra caste to the same, Pârasavas, Yavanas, Karanas, and Sûdras.
22. In the seventh (generation men obtain) a change of caste, either being raised to a higher one or being degraded to a lower one. 22
23. The venerable teacher declares (that this happens) in the fifth (generation). 23
24. And (the same rule applies) to those born (from parents of different classes that are) intermediate between (two of the castes originally) created (by Brahman). 24
25. But those born in the inverse order (from fathers of a lower and mothers of a higher caste stand) outside (the pale of) the sacred law, 25
26. As well as (those born in the regular order) from a female of the Sûdra caste. 26
27. But he whom a Sûdra (begets) on a female of unequal caste shall be treated like an outcast. 27
28. The last (named, the Kandâla), is the foulest. 28
29. Virtuous sons (born of wives of equal caste) and wedded according to approved rites sanctify (their father’s family).
30. (A son born of a wife married) according to the Ârsha rite (saves) three ancestors (from hell), 30
31. (A son born of a wife married) according to the Daiva rite ten, 31
32. (A son born of a wife married) according to the Prâgâpatya rite, also ten. 32
33. (But) the son of a wife married according to the Brâhma rite (saves) ten ancestors, ten descendants, and himself. 33
CHAPTER V.
1. (A householder) shall approach (his wife) in the proper season, 1
2. Or (he may do so) at any time except on the forbidden (days). 2
3. He shall worship gods, manes, men, goblins, (and) Rishis. 3
4. Every day he shall recite privately (a portion of the Veda), 4
5. And the (daily) libation of water to the manes (is obligatory on him). 5
6. Other (rites than these he may perform) according, to his ability. 6
7. The (sacred) fire (must be kindled) on his marriage or on the division of the family estate. 7
8. The domestic (ceremonies must be performed) with (the aid of) that (fire). 8
9. (Also) the sacrifices to the gods, manes, (and) men? and the private recitation (and) the Bali-offerings. 9
10. The oblations (which are thrown) into the (sacred) fire (at the Vaisvadeva-sacrifice are offered) to Agni, to Dhanvantari, to all the gods, to Pragâpati, (and to Agni) Svishtakrit; 10
11. And (Bali-offerings must be given) to the deities presiding over the (eight) points of the horizon, in their respective places, 11
12. At the doors (of the house) to the Maruts, 12
13. To the deities of the dwelling inside (the house), 13
14. To Brahman in the centre (of the house), 14
15. To the Waters near the water-pot,
16. To the Ether in the air, 16
17. And to the Beings walking about at night in the evening. 17
18. A gift of food shall be preceded by a libation of water and (it shall be presented) after (the recipient) has been made to say, ‘May welfare attend thee,’ 18
19. And the same (rule applies) to all gifts presented for the sake of spiritual merit.
20. The reward of a gift (offered) to a person who is not a Brâhmana is equal (to the value of the gift), those (of presents given) to a Brâhmana twofold, to a Srotriya thousandfold, to one who knows the whole Veda (vedapâraga) endless. 20
21. Presents of money (must be given) outside the Vedi to persons begging for their Gurus, (or) in order to defray the expenses of their wedding, (or 21 to procure) medicine for the sick, to those who are without means of subsistence, to those who are going to offer a sacrifice, to those engaged in study, to travellers, (and) to those who have performed the Visvagit-sacrifice.
22. Prepared food (must be given) to other beggars. 22
23. For an unlawful purpose he shall not give (anything), though he may have promised it. 23
24. An untruth spoken by people under the influence of anger, excessive fear, pain (or) greed, by infants, very old men, persons labouring under a delusion, those being under the influence of drink (or) by mad men does not cause (the speaker) to fall. 24
25. Before (a householder eats) he shall feed his guests, the infants, the sick people, the pregnant women, the females under his protection, the very aged men, and those of low condition (who may be in his house). 25
26. But (when) his teacher, parents (or intimate) friends (visit his house), he shall proceed to the preparation of the dinner after asking them (for orders). 26
27. When an officiating priest, his teacher, his father-in-law, paternal or maternal uncles visit (him), a Madhuparka (or honey-mixture must be offered to them). 27
28. (If they have been once honoured in this manner, the ceremony need be) repeated (only) after a year.
29. (But) on (the occasion of) a sacrifice and of the wedding (a Madhuparka must be offered, though) less than a year (has passed since the last visit of the persons thus honoured).
30. And to a king) who is a Srotriya (a Madhuparka must be offered as often as he comes), 30
31. (But to a king) who is not a Srotriya a seat and water. 31
32. But for a Srotriya he shall cause to be prepared a foot-bath, an Arghya, and food of a superior quality. 32
33. Or his usual food distinguished by a (particularly careful) preparation. 33
34. To a (Brâhmana) who is not learned in the Vedas, (but) of good conduct, food of a middling (quality) shall be given, 34
35. To one who is the reverse (of virtuous) grass, water, and earth,
36. (Or) at least a welcome. 36
37. Honour (must be shown to a guest, and the host must) not dine better (than his guest). 37
38. A couch, a seat, (and) a lodging (of the) same (quality as the host uses must be given) to (a guest) of equal condition and to one’s betters; they must be accompanied (on departure) and respectfully attended to (during their stay). 38
39. (The host shall show similar) though less (attention) to (a guest) who is inferior (to himself). 39
40. He is called a guest who, belonging to a different village (and) intending to stay for one night only, arrives when the sun’s beams pass over the trees. 40
41. According (to his caste a guest) must be asked about his well-being (kusala), about his being free from hurt (anâmaya), or about his health (ârogya). 41
42. The last (formula must also be used in addressing a Sûdra.
43. A man of a lower caste (is) not (to be considered) a guest by a Brâhmana, except if he has approached on (the occasion of) a sacrifice. 43
44. But a Kshatriya must be fed after the Brâhmana (guests).
45. (Men of) other (castes he shall feed) with his servants for mercy’s sake.
CHAPTER VI.
1. (To salute) every day on meeting (by) an embrace of the feet, 1
2. And (particularly) on return from a journey,
3. (Is prescribed in the case) of parents, of their blood relations, of elder (brothers), of persons venerable 3
on account, of their learning, and of the Gurus of the latter.
4. On meeting (several persons, to whom such a salutation is due), together, the most venerable (must be saluted first). 4
5. On meeting persons who understand (the rule of returning salutes) one shall salute (them) pronouncing one’s name, and (saving) ‘I N. N. (ho! salute thee).’ 5
6. Some (declare that) there is no restrictive rule for salutations between man and wife. 6
7. (The feet of) other female (relations) than the mother, a paternal uncle’s wife and (elder) sisters (need) not (be embraced, nor need they be saluted) except on return from a journey. 7
8. The feet of wives of brothers and of the mother-in-law (need) not be embraced (on any occasion).
9. But (on the arrival of an) officiating priest, a father-in-law, paternal and maternal uncles who are younger (than oneself), one must rise; they need not be saluted (as prescribed above, Sûtra 5). 9
10. In like manner (any) other aged fellow-citizen, even a Sûdra of eighty years and more, (must be honoured) by one young enough to be his son, 10
11. (And) an Ârya, though (he be) younger, by a Sûdra; 11
12. And he shall avoid (to pronounce) the name of that (person who is worthy of a salutation). 12
13. And an official who (is) not (able to) recite (the Veda shall avoid to pronounce the name) of the king.
14. A contemporary who is born on the same day (shall be addressed with the terms) bhoh or bhavan (your honour), 14
15. (Likewise) a fellow-citizen who is ten years older (than oneself), 15
16. (Also) an artist who is five years (older), 16
17. And a Srotriya belonging to one’s own Vedic school who is three years older, 17
18. (Further), Brâhmanas destitute of learning and those who follow the occupations of Kshatriyas or Vaisyas, 18
19. And (a contemporary) who has performed the Dîkshanîyeshti of a Soma-sacrifice before he buys (the Soma).
20. Wealth, relations, occupation, birth, learning, and age must be honoured; (but) each later named 20 [paragraph continues] (quality) is more important (than the preceding ones).
21. But sacred learning is more important than all (other good qualities), 21
22. Because that is the root of the sacred law,
23. And because the Veda (expressly declares it). 23
24. Way must be made for a man seated in a carriage, for one who is in his tenth (decade), for one requiring consideration, for a woman, for a Snâtaka, and for a king. 24
25. But a king (must make way) for a Srotriya. 25
CHAPTER VII.
1. The rule for (times of) distress (is) that a Brâhmana may study under a teacher who is not a Brâhmana. 1
2. (A student is bound) to walk behind and to obey (his non-Brahmanical teacher). 2
3. (But), when (the course of study) has been finished, the Brâhmana (pupil is more) venerable (than his teacher). 3
4. (In times of distress it is permissible) to offer 4
sacrifices for (men of) all (castes), to teach (them), and to accept (presents from them).
5. Each preceding (mode of living is) preferable (to those named later). 5
6. On failure of the (occupations lawful for a Brâhmana) he may live by the occupations of a Kshatriya. 6
7. On failure of those, he may live by the occupations of a Vaisya. 7
8. (Goods) that may not be sold by a (Brâhmana are),
9. Perfumes, substances (used for) flavouring (food), prepared food, sesamum, hempen and linen cloth, skins, 9
10. Garments dyed red or washed, 10
11. Milk and preparations from it, 11
12. Roots, fruits, flowers, medicines, honey, flesh, grass, water, poison,
13. Nor animals for slaughter,
14. Nor, under any circumstances, human beings, heifers, female calves, cows big with young. 14
15. Some (declare, that the traffic in) land, rice, barley, goats, sheep, horses, bulls, milch-cows, and draught-oxen (is) likewise (forbidden). 15
16. But (it is permissible) to barter, 16
17. One kind of substances used for flavouring others,
18. And animals (for animals).
19. Salt and prepared food (must) not (be bartered), 19
20. Nor sesamum.
21. But for present use an equal (quantity of) uncooked (food may be exchanged) for cooked (food).
22. But if no (other course is) possible (a Brâhmana) may support himself in any way except by (following the occupations) of a Sûdra. 22
23. Some (permit) even this in case his life is in danger.
24. But to mix with that (caste) and forbidden food must be avoided (even in times of distress). 24
25. If his life is threatened, even a Brâhmana may use arms. 25
26. (In times of distress) a Kshatriya (may follow) the occupations of a Vaisya. 26
CHAPTER VIII.
1. A king and a Brâhmana, deeply versed in the Vedas, these two, uphold the moral order in the world. 1
2. On them depends the existence of the fourfold human race, of internally conscious beings, of those which move on feet and on wings, and of those which creep, 2
3. (As well as) the protection of offspring, the prevention of the confusion (of the castes and) the sacred law. 3
4. He is (called) deeply versed in the Vedas, 4
5. Who is acquainted with the (ways of the) world, the Vedas (and their) Aṅgas (auxiliary sciences),
6. Who is skilled in disputations (and), in (reciting) legends and the Purâna,
7. Who looks to these (alone), and lives according to these,
8. Who has been sanctified by the forty sacraments (samskâra), 8
9. Who is constantly engaged in the three occupations (prescribed for all twice-born men), 9
10. Or in the six (occupations prescribed specially for a Brâhmana), 10
11. (And) who is well versed in the duties of 11 daily life settled by the agreement (of those who know the law).
12. (Such a Brâhmana) must be allowed by the king immunity from (the following) six (kinds of opprobrious treatment): 12
13. (I.e.) he must not be subjected to corporal punishment, he must not be imprisoned, he must not be fined, he must not be exiled, he must not be reviled, nor be excluded.
14. The Garbhâdhâna (or ceremony to cause conception), the Pumsavana (or ceremony to cause the birth of a male child), the Sîmantonnayana (or arranging the parting of the pregnant wife’s hair), the Gâtakarman (or ceremony on the birth of the child), the ceremony of naming the child, the first feeding, the Kaula (or tonsure of the head of the child), the initiation, 14
15. The four vows (undertaken) for the study of the Veda, 15
16. The bath (on completion of the studentship), 16 the taking of a help-mate for the fulfilment of the religious duties, the performance of the five sacrifices to gods, manes, men, goblins, and Brahman,
17. And (the performance) of the following (sacrifices):
18. The seven kinds of Pâkayagñas (or small sacrifices),viz. the Ashtakâ, the Pârvana Sthâlîpâka, offered on the new and full moon days), the funeral oblations, the Srâvanî, the Âgrahâyanî, the Kaitrî, and the Âsvayugî; 18
19. The seven kinds of Haviryagñas, viz. the Agnyâdheya, the Agnihotra, the Darsapaurnamâsas, the Âgrayana, the Kâturmâsyas, the Nirûdhapasubandha, and the Sautrâmanî; 19
20. The seven kinds of Soma-sacrifices, viz. the Agnishtoma, the Atyagnishtoma, the Ukthya, the Shodasin, the Atirâtra, and the Aptoryâma;
21. These are the forty sacraments.
22. Now (follow) the eight good qualities of the soul, 22
23. (Viz.) compassion on all creatures, forbearance, freedom from anger, purity, quietism, auspiciousness, freedom from avarice, and freedom from covetousness. 23
24. He who is sanctified by these forty sacraments, but whose soul is destitute of the eight good qualities, will not be united with Brahman, nor does he reach his heaven.
25. But he, forsooth, who is sanctified by a few only of these forty sacraments, and whose soul is endowed with the eight excellent qualities, will be united with Brahman, and will dwell in his heaven.
CHAPTER IX.
1. Such (a man) shall bathe, after (having fulfilled) the, law (regarding studentship), take unto him a wife, and, fulfilling the duties of a householder which have been declared above, in addition obey the following ordinances 1
2. (He shall be) always pure (and) sweet-smelling (and) bathe frequently. 2
3. If he possesses wealth, he shall not be dressed in old or dirty clothes; 3
4. Nor shall he wear dyed or sumptuous garments, nor such as have been worn (before) by others,
5. Nor a garland and shoes (that have been worn by others). 5
6. (He may wear a cast-off garment) which has been washed, if he is unable (to afford a new one). 6
7. He shall not allow his beard to grow without a (sufficient) reason. 7
8. He shall not carry water and fire at the same time. 8
9. He shall not drink out of his joined hands. 9
10. He shall not sip water standing, nor (shall he sip) water drawn up (from a well), 10
11. Nor (water) that is offered by a Sûdra or an impure man, or that has been taken up with one hand. 11
12. Facing or within sight of wind, fire, Brâhmanas, the sun, water, (images of the) gods, and cows he shall not eject urine or fæces or other impurities. 12
13. He shall not stretch out his feet towards those divine beings. 13
14. He shall not remove urine or fæces with leaves, clods of earth, or stones. 14
15. He shall not stand upon ashes, hair, nail (parings), husks (of grain), pot-sherds, or impure substances. 15
16. He shall not converse with barbarians, impure or wicked men. 16
17. If he has conversed (with such persons), he shall meditate on virtuous (men),
18. Or he may speak with a Brâhmana. 18
19. He shall call (a cow that is) not a milch-cow a cow that will become a milch-cow. 19
20. (An event) that is not lucky (he shall call) lucky.
21. (In speaking of) a skull (he shall use the word) bhagâla instead of kapâla,
22. (And in speaking of) a rainbow, manidhanus (the jewelled bow) instead of indradhanus, (Indra’s bow). 22
23. Let him not announce it to others, if a cow suckles (her calf), 23
24. Nor let him prevent her (from doing it). 24
25. After conjugal intercourse he shall at once clean himself 25
26. Let him not recite the daily portion of the Veda (lying) on that couch (on which he lies with his wife). 26
27. And when he has studied during the third watch of the night, he shall not again retire to rest. 27
28. Let him not have intercourse with his wife when she is ill,
29. Nor during her courses; 29
30. Nor let him embrace her (during that period),
31. Nor an unmarried female.
32. He shall avoid to blow the fire with his mouth, to contend with words, to show himself covered with perfumed ointments or wearing garlands, to scratch himself with any impure (implement), to take his meals with his wife, to look at (a woman) who is anointing herself, to enter (his village) by a back-gate, to wash one foot with the other, to eat food deposited on a chair, to cross a river swimming, to ascend trees and dangerous (places), or to descend therefrom, and to imperil his life (in any other manner). 32
33. Let him not ascend a ship (of) doubtful (solidity). 33
34. He shall protect himself by all (possible) means.
35. In the day-time he shall not wrap up his head while walking about; 35
36. But at night he shall cover it,
37. And while voiding urine and fæces.
38. (Let him) not (ease nature) without (first) covering the ground (with grass or the like), 38
39. Nor close to his dwelling, 39
40. Nor on ashes, on cow-dung, in a ploughed field, in the shade (of a tree), on a road, in beautiful (spots). 40
41. Let him eject both urine and fæces, facing the north in the day-time, 41
42. And in the twilight,
43. But at night, facing the south. 43
44. Let him avoid to use a seat, clogs, a stick for cleaning the teeth (and other implements) made of Palâsa-wood. 44
45. With shoes on (his feet), he shall not eat, sit down, salute, or worship (the gods). 45
46. Let him not pass idly (any part of the day, be it) morning, midday, or evening; (but) according to his ability (he shall make each useful) by the acquisition of spiritual merit or of wealth, and by taking his pleasure. 46
47. But among those (three aims of human life) he shall chiefly attend to the acquisition of spiritual merit. 47
48. Let him not look at a naked woman wedded to another man. 48
49. Let him not draw a seat towards himself with his foot.
50. He shall keep his organ, his stomach, his hands, his feet, his tongue, and his eyes under due restraint. 50
51. Let him avoid to cut, to break, to scratch, and to crush (anything), or to make (his joints) crack, without a (sufficient) reason. 51
52. Let him not step over a rope (to which) a calf (is tied). 52
53. Let him not be a stay-at-home.
54. Let him not go to (perform) a sacrifice without being chosen (to officiate as priest).
55. But at his pleasure (he may go) to see it.
56. Let him not eat food (that he has placed) in his lap, 56
57. Nor what has been brought at night by a servant. 57
58. He shall not eat (substances) from which the fat has been extracted, Such as milk from which the cream has separated, butter, oil-cake, buttermilk, and the like. 58
59. But he shall take his meals in the morning and in the evening, blessing his food, not grumbling at it. 59
60. He shall never sleep naked at night; 60
61. Nor shall he bathe (naked); 61
62. And he shall perform whatever (else) aged (Brâhmanas), of subdued senses, who have been properly obedient (to their teachers), who are free from deceit, covetousness, and error, and who know the Vedas, declare (to be right). 62
63. In order to acquire wealth and for the sake of security he may go to a ruling (king), 63
64. (But) to no other (being) except the gods, his Gurus, and righteous (Brâhmanas).
65. He shall seek to dwell in a place where firewood, water, fodder, Kusa grass, (materials for making) garlands and roads exist in abundance, which is chiefly inhabited by Âryans, which is rich in industrious (men), and which is governed by a righteous (ruler). 65
66. He shall pass excellent (beings and things), 66 auspicious (objects), temples of the gods, crossroads, and the like with his right turned towards them.
67. The rule for times of distress (is, that) he shall mentally perform all (that is required by the rule of) conduct. 67
68. He shall always speak the truth. 68
69. He shall conduct himself (as becomes) an Âryan.
70. He shall instruct virtuous (men only). 70
71. He shall follow the rules of purification taught (in the Sâstras). 71
72. He shall take pleasure in the (study of the) Veda. 72
73. He shall never hurt (any being), he shall be gentle, (yet) firm, ever restrain his senses, and be liberal. 73
74. A Snâtaka who conducts himself in this manner will liberate his parents, his ancestors, and descendants from evil, and never fall from Brahman’s heaven. 74
CHAPTER X.
1. (The lawful occupations common) to (all) twice-born men are studying the (Veda), offering sacrifices (for their own sake), and giving (alms). 1
2. Teaching, performing sacrifices for others, and receiving alms (are) the additional (occupations) of a Brâhmana. 2
3. But the former (three) are obligatory (on him). 3
4. Instruction in the Veda (may be given) without the above-mentioned (vows and ceremonies) in case a teacher, blood relations, friends or Gurus (receive it), and in case (the Veda) is exchanged for money or learning. 4
5. Agriculture and trade (are) also (lawful for a Brâhmana) provided he does not do the work himself, 5
6. Likewise lending money at interest.
7. To protect all created beings is the additional (occupation) of a king, 7
8. And to inflict lawful punishments.
9. He shall support (those) Srotriyas, (who are) Brâhmanas, 9
10. And people unable to work, (even if they are) not Brâhmanas,
11. And those who are free from taxes, 11
12. And (needy) temporary students. 12
13. And (to take) measures for ensuring victory (is another duty of a king), 13
14. Especially when danger (from foes threatens the kingdom);
15. And (to learn) the management of chariots and the use of the bow (is a further duty of the king),
16. As well as to stand firm in battle and not to turn back. 16
17. No sin (is committed) by injuring or slaying (foes) in battle, 17
18. Excepting those who have lost their horses, charioteers, or arms, those who join their hands (in supplication), those who flee with flying hair, those who sit down with averted faces, those who have climbed (in flight) on eminences or trees, messengers, and those who declare themselves to be cows or Brâhmanas.
19. If another Kshatriya is supported by (the king), he shall follow the same occupations as his (master).
20. The victor shall receive the booty gained in battle. 20
21. But chariots and animals used for riding (belong) to the king,
22. And a preferential share, except when the booty has been gained in single combat. 22
23. But the king shall equitably divide (all) other (spoils).
24. Cultivators (must) pay to the king a tax 24 (amounting to) one-tenth, one-eighth, or one-sixth (of the produce).
25. Some declare, that (there is a tax) also on cattle and gold, (viz.) one-fiftieth (of the stock). 25
26. In the case of merchandise one-twentieth (must be paid by the seller) as duty, 26
27. (And) of roots, fruits, flowers, medicinal herbs, honey, meat, grass, and firewood one-sixtieth. 27
28. For it is the duty (of the king) to protect the (tax-payers). 28
29. But to (the collection of) these (taxes) he shall always pay particular attention. 29
30. He shall live on the surplus. 30
31. Each artisan shall monthly do one (day’s) work (for the king). 31
32. Hereby (the taxes payable by) those who 32 support themselves by personal labour have been explained,
33. And (those payable by) owners of ships and carts.
34. He for him must feed these (persons while they work).
35. The merchants shall (each) give (every month one) article of merchandise for less than the market value.
36. Those who find lost (property) the owner of which is not (known), shall announce it to the king. 36
37. The king shall cause it to be proclaimed (by the public crier), and (if the owner does not appear) hold it in his custody for a year.
38. Afterwards one-fourth (of the value goes) to the finder (and) the remainder to the king.
39. A (man becomes) owner by inheritance, purchase, partition, seizure, or finding. 39
40. Acceptance is for a Brâhmana an additional (mode of acquisition);
41. Conquest for a Kshatriya;
42. Gain (by labour) for a Vaisya or Sûdra.
43. Treasure-trove is the property of the king, 43
44. Excepting (such as is found) by a Brâhmana who lives according to (the law). 44
45. Some declare, that a finder of a non-Brâhmanical caste even, who announces (his find to the king), shall obtain one-sixth (of the value).
46. Having recovered property stolen by thieves, he shall return it to the owner; 46
47. Or (if the stolen property is not recovered) he shall pay (its value) out of his treasury. 47
48. The property of infants must be protected until they attain their majority or complete their studentship. 48
49. The additional (occupations) of a Vaisya are, agriculture, trade, tending cattle, and lending money at interest. 49
50. The Sûdra (belongs to) the fourth caste, which has one birth (only). 50
51. For him also (are prescribed) truthfulness, meekness, and purity. 51
52. Some (declare), that instead of sipping water, he shall wash his hands and feet.
53. (He shall also offer) the funeral oblations, 53
54. Maintain those depending upon him,
55. Live with his wife (only), 55
56. And serve the higher (castes). 56
57. From them he shall seek to obtain his livelihood. 57
58. (He shall use their) cast-off shoes, umbrellas, garments, and mats (for sitting on), 58
59. (And) eat the remnants of their food;
60. And (he may) live by (practising) mechanical arts; 60
61. And the Ârya under whose protection he places himself, must support him even if he (becomes) unable to work.
62. And a man of higher caste (who is his master and has fallen into distress must be maintained) by him.
63. His hoard shall serve this purpose.
64. If permission has been given to him, he may use the exclamation namah (adoration) as his Mantra.
65. Some (declare), that he himself may offer the Pâkayagñas. 65
66. And all men must serve those who belong to higher castes.
67. If Âryans and non-Âryans interchange their occupations and conduct (the one taking that of the other, there is) equality (between them). 67
CHAPTER XI.
1. The king is master of all, with the exception of Brâhmanas. 1
2. (He shall be) holy in acts and speech, 2
3. Fully instructed in the threefold (sacred science) and in logic, 3
4. Pure, of subdued senses, surrounded by companions 4 possessing excellent qualities and by the means (for upholding his rule).
5. He shall be impartial towards his subjects; 5
6. And he shall do (what is) good for them. 6
7. All, excepting Brâhmanas, shall worship him who is seated on a higher seat, (while they them-selves sit on a) lower (one). 7
8. The (Brâhmanas), also, shall honour him. 8
9. He shall protect the castes and orders in accordance with justice; 9
10. And those who leave (the path of) duty, he shall lead back (to it). 10
11. For it is declared (in the Veda) that he obtains a share of the spiritual merit (gained by his subjects). 11
12. And he shall select as his domestic priest (purohita) a Brâhmana who is learned (in the Vedas), of noble family, eloquent, handsome, of (a suitable) age, and of a virtuous disposition, who lives righteously and who is austere. 12
13. With his assistance he shall fulfil his religious duties. 13
14. For it is declared (in the Veda): ‘Kshatriyas, who are assisted by Brâhmanas, prosper and do not fall into distress.’ 14
15. He shall, also, take heed of that which astrologers and interpreters of omens tell (him).
16. For some (declare), that the acquisition of wealth and security depend also upon that.
17. He shall perform in the fire of the hall the rites ensuring prosperity which are connected with expiations (sânti), festivals, a prosperous march, long life, and auspiciousness; as well as those that are intended to cause enmity, to subdue (enemies), to destroy (them) by incantations, and to cause their misfortune. 17
18. Officiating priests (shall perform) the other (sacrifices) according to the precepts (of the Veda). 18
19. His administration of justice (shall be regulated by) the Veda, the Institutes of the Sacred Law, the Aṅgas, and the Purâna. 19
20. The laws of countries, castes, and families, which are not opposed to the (sacred) records, (have) also authority. 20
21. Cultivators, traders, herdsmen, money-lenders, and artisans (have authority to lay down rules) for their respective classes.
22. Having learned the (state of) affairs from those who (in each class) have authority (to speak he shall give) the legal decision. 22
23. Reasoning is a means for arriving at the truth. 23
24. Coming to a conclusion through that, he shall decide properly.
25. If (the evidence) is conflicting, he shall learn (the truth) from (Brâhmanas) who are well versed in 25 the threefold sacred lore, and give his decision (accordingly).
26. For, (if he acts) thus, blessings will attend him (in this world and the next). 26
27. It has been declared in the Veda: ‘Brâhmanas, united with Kshatriyas, uphold gods, manes, and men.
28. They declare, that (the word) danda (rule or punishment) is derived from (the verb) damayati (he restrains); therefore he shall restrain those who do not restrain themselves.
29. (Men of) the (several) castes and orders who always live according to their duty enjoy after death the rewards of their works, and by virtue of a remnant of their (merit) they are born again in excellent countries, castes, and families, (endowed) with beauty, long life, learning in the Vedas, (virtuous) conduct, wealth, happiness, and wisdom. 29
30. Those who act in a contrary manner perish, being born again in various (evil conditions). 30
31. The advice of the spiritual teacher and the punishment (inflicted by the king) guard them. 31
32. Therefore a king and a spiritual teacher must not be reviled. 32
CHAPTER XII.
1. A Sûdra who intentionally reviles twice-born men by criminal abuse, or criminally assaults them with blows, shall be deprived of the limb with which he offends. 1
2. If he has criminal intercourse with an Âryan woman, his organ shall be cut off, and all his property be confiscated. 2
3. If (the woman had) a protector, he shall be executed after (having undergone the punishments prescribed above). 3
4. Now if he listens intentionally to (a recitation of) the Veda, his ears shall be filled with (molten) tin or lac.
5. If he recites (Vedic texts), his tongue shall be cut out.
6. If he remembers them, his body shall be split in twain.
7. If he assumes a position equal (to that of twice-born men) in sitting, in lying down, in conversation or on the road, he shall undergo (corporal) punishment. 7
8. A Kshatriya (shall be fined) one hundred (Kârshâpanas) if he abuses a Brâhmana, 8
9. In case of an assault, twice as much.
10. A Vaisya (who abuses a Brâhmana, shall pay) one and a half (times as much as a Kshatriya). 10
11. But a Brâhmana (who abuses) a Kshatriya (shall pay) fifty (Kârshâpanas), 11
12. One half of that (amount if he abuses) a Vaisya, 12
13. (And if he abuses) a Sûdra, nothing. 13
14. A Kshatriya and a Vaisya (who abuse one another shall pay the same fines) as a Brâhmana and a Kshatriya. 14
15. (The value of) property which a Sûdra unrighteously acquires by theft, must be repaid eightfold. 15
16. For each of the other castes (the fines must be) doubled. 16
17. If a learned man offends, the punishment shall be very much increased. 17
18. If fruits, green corn, and vegetables are appropriated in small amounts, (the fine is) five Krishnalas (of copper). 18
19. If damage is done by cattle, the responsibility falls on the owner.
20. But if (the cattle) were attended by a herdsman, (it falls) on the latter. 20
21. (If the damage was done) in an unenclosed field near the road, (the responsibility falls) on the herdsman and on the owner of the field.
22. Five Mâshas (are the fine to be paid) for (damage done by) a cow, 22
23. Six for a camel or a donkey,
24. Ten for a horse or a buffalo,
25. Two for each goat or sheep.
26. If all is destroyed, (the value of) the whole crop (must be paid and a fine in addition).
27. If (a man) always neglects the prescribed (duties) and does that which is forbidden, his property beyond (the amount required for) raiment and food shall be taken from him (until he amends). 27
28. He may take, as his own, grass for a cow, and fuel for his fire, as well as the flowers of creepers and trees and their fruit, if they be unenclosed. 28
29. The legal interest for money lent (is at the rate of) five Mâshas a month for twenty (Kârshâpanas). 29
30. Some (declare, that this rate should not be paid) longer than a year. 30
31. If (the loan) remains outstanding for a long time, the principal may be doubled (after which interest ceases). 31
32. A loan secured by a pledge that is used (by the creditor) bears no interest; 32
33. Nor money tendered, nor (a debt due by a debtor) who is forcibly prevented (from paying). 33
34. (Special forms of interest are) compound interest, periodical interest, 34
35. Stipulated interest, corporal interest, daily interest, and the use of a pledge. 35
36. The interest on products of animals, on wool, on the produce of a field, and on beasts of burden (shall) not (increase) more than the fivefold (value of the object lent). 36
37. The property of (a person who is) neither an idiot nor a minor, having been used by strangers before his eyes for ten years, (belongs) to him who uses it, 37
38. (But) not (if it is used) by Srotriyas, ascetics, or royal officials. 38
39. Animals, land, and females are not lost (to the owner) by (another’s) possession. 39
40. The heirs shall pay the debts (of a deceased person). 40
41. Money due by a surety, a commercial debt, a fee (due to the parents of the bride), debts contracted for spirituous liquor or in gambling, and a fine shall not involve the sons (of the debtor). 41
42. An (open) deposit, a sealed deposit, an object lent for use, an object bought (but not paid), and a pledge, being lost without the fault of the holder, (shall not involve) any blameless person. 42
43. A man who has stolen (gold) shall approach the king, with flying hair, holding a club in his hand, and proclaim his deed. 43
44. Whether he be slain or be pardoned, he is purified (of his guilt).
45. If the king does not strike, the guilt falls on him. 45
46. Corporal punishment (must) not (be resorted to in the case) of a Brâhmana. 46
47. Preventing (a repetition of) the deed, publicly proclaiming his crime, banishment, and branding (are the punishments to which a Brâhmana, may be subjected). 47
48. That (king) who does not do his duty (by inflicting punishment) becomes liable to perform a penance. 48
49. (A man who) knowingly (becomes) the servant (of a thief shall be treated) like a thief, 49
50. Likewise he who (knowingly) receives (goods) from (a thief or) an unrighteous man.
51. The award of the punishment (must be regulated) by a consideration (of the status) of the criminal, of his (bodily) strength, of (the nature of) the crime, and whether the offence has been repeated. 51
52. Or a pardon (may be given) in accordance with the opinion of an assemblage of persons learned in the Vedas.
CHAPTER XIII.
1. In disputed cases the truth shall be established by means of witnesses. 1
2. The (latter) shall be many, faultless as regards the performance of their duties, worthy to be trusted by the king, and free from affection for, or hatred against either (party). 2
3. (They may be) Sûdras even. 3
4. But a Brâhmana must not be forced (to give evidence) at the word of a non-Brâhmana, except if he is mentioned (in the plaint). 4
5. (Witnesses) shall not speak singly or without being asked, 5
6. And if, (being asked,) they do not answer, they are guilty of a crime. 6
7. Heaven is their reward, if they speak the 7 truth; in the contrary case hell (will be their portion).
8. (Persons) not mentioned (in the plaint), must also give evidence.
9. No objection (can be raised against witnesses) in a case of (criminal) hurt, 9
10. Nor if they have spoken inadvertently. 10
11. If the sacred law or the rules (referring to worldly matters) are violated,. the guilt (falls) on the witnesses, the assessors, the king, and on the offender. 11
12. Some (declare, that the witnesses) shall be charged on oath to speak the truth. 12
13. In the case of others than Brâhmanas that (oath shall be sworn) in the presence of the gods, of the king, and of Brâhmanas.
14. By false evidence concerning small cattle a witness kills ten, 14
15. (By false evidence) regarding cows, horses, men, or land, in each succeeding case ten times as many (as in the one mentioned before),}
16. Or (by false evidence) regarding land the whole (human race).
17. Hell (is the punishment) for a theft of land.
18. (By false evidence) concerning water (he incurs) the same (guilt) as (for an untruth) about land,
19. Likewise (by false evidence) regarding (criminal) intercourse.
20. (By false evidence) regarding honey or clarified butter (he incurs) the same (guilt) as (by an untruth) about small cattle,
21. (By false evidence) about clothes, gold, grain, and the Veda, the same as (by an untruth) about kine,
22. (And by false evidence) regarding a carriage (or a beast of burden) the same as (by an untruth) about horses.
23. A witness must be reprimanded and punished for speaking an untruth. 23
24. No guilt is incurred by giving false evidence, in case the life (of a man) depends thereon. 24
25. But (this. rule does) not (hold good) if the life of a very wicked (man depends on the evidence of a witness).
26. The king, or the judge, or a Brâhmana learned in the Sâstras (shall examine the witnesses). 26
27. (The litigant) shall humbly go to seek the judge. 27
28. If (the defendant) is unable to answer (the plaint) at once, (the judge) may wait for a year. 28
29. But (in an action) concerning kine, draught oxen, women, or the procreation (of offspring), the defendant (shall answer) immediately, 29
30. Likewise in a case that will suffer by delay.
31. To speak the truth before the judge is more important than all (other) duties.
CHAPTER XIV.
1. The Sapindas become impure by the death (of a relative) during ten (days and) nights, except those who officiate as priests, who have performed the Dîkshanîyeshti (or initiatory ceremony of a Srauta sacrifice), and those who are students. 1
2. (The impurity) of a Kshatriya lasts for eleven (days and) nights, 2
3, (That) of a Vaisya twelve (days and) nights,
4. (Or), according to some, half a month,
5. (And that) of a Sûdra a whole month. 5
6. If during (a period of impurity) another (death) happens, the (relatives) shall be pure after (the lapse of) the remainder of that (first period). 6
7. (But) if one night (only of the period of impurity) remains (and another death happens, they shall become pure) after (the lapse of) two (days and nights).
8. (If the second death happens) on the morning (after the completion of the period of impurity, they shall be purified) after three (days and nights).
9. (The relatives) of those who are slain for the sake of cows and Brâhmanas (become pure) immediately after the burial, 9
10. And (those of men destroyed) by the anger of the king, 10
11. (Further, those of men killed) in battle,
12. Likewise (those) of men who voluntarily (die) by starving themselves to death, by weapons, fire, poison, or water, by hanging themselves, or by jumping (from a precipice). 12
13. Sapinda-relationship ceases with the fifth or the seventh (ancestor). 13
14. (The rules regarding impurity caused by the 14 death of a relative apply) to the birth (of a child) also.
15. (In) that (case the impurity falls) on the parents,
16. Or on, the mother (alone).
17. (The impurity) for a miscarriage (lasts for a number of days and) nights equal to (the number of) months from conception, 17
18. Or three days.
19. And if he hears (of the death of a Sapinda) after (the lapse of) ten (days and nights, the impurity lasts for) one night together with the preceding and following days,
20. Likewise when a relative who is not a Sapinda, a relative by marriage, or a fellow-student (has died). 20
21. For a man who studies the same recension of the Veda (the impurity lasts) one day, 21
22. Likewise for a Srotriya who dwells in the same house. 22
23. On touching (i.e. on carrying out) a corpse from an interested motive, the impurity lasts for ten days. 23
24. (The duration of the impurity) of a Vaisya and of a Sûdra (in the same case) has been declared (by Sûtras 3-5).
25. Or (it shall last for these two) as many nights as there are seasons (in the year); 25
26. And (the same rule may be made applicable) to the two higher (castes).
27. Or (the impurity lasts) three days.
28. And if the teacher, his son or wife, a person for whom (a Brâhmana) sacrifices or a pupil (has been carried out, the duration of the impurity is) the same. 28
29. And if a man of lower caste carries, out (the corpse of) one of higher caste, or a man of higher caste (carries out the body of) one of lower caste, (the duration of) the impurity in these (cases) is determined by (the caste of) the dead man.
30. On touching an outcast, a Kandâla, a woman impure on account of her confinement, a woman in her courses, or a corpse, and on touching persons who have touched them, he shall purify himself by bathing dressed in his clothes, 30
31. Likewise if he has followed a corpse (that was being carried out), 31
32. And (if he has come into contact) with a dog. 32
33. Some (declare), that (the limb) which (a dog) may touch (must be washed).
34. The Sapindas shall offer (libations of) water for (a deceased relative) whose Kaula-karman (or tonsure) has been performed, 34
35. As well as for the wives and daughters of such (a person).
36. Some (declare, that it must be done in the case) of married female relatives (also). 36
37. (During the period of impurity) all (the mourners) shall sleep and sit on the ground and remain chaste. 37
38. They shall not clean (themselves);
39. Nor shall they eat meat until (the funeral oblation) has been offered. 39
40. On the first, third, fifth, seventh, and ninth (days after the death) water (mixed with sesamum) must be offered.
41. And the garments (worn during that ceremony) must be changed,
42. But on the last (day they must be given) to men of the lowest castes.
43. The parents (shall offer water for a son who dies) after he has teethed.
44. If infants, (relatives) who live in a distant country, those who have renounced domestic life, and those who are not Sapindas, (die), the purification is instantaneous. 44
45. Kings (remain always pure), lest their business be impeded, 45
46. And a Brâhmana, lest his daily study of the Veda be interrupted. 46
CHAPTER XV.
1. Now (follow the rules regarding) funeral oblations (Srâddha). 1
2. He shall offer (them) to the Manes on the day of the new moon, 2
3. Or in the dark half (of the month) after the fourth (lunar day), 3
4. Or on any day (of the dark half) according to (the results he may) desire; 4
5. Or if (particularly appropriate) materials or (particularly holy) Brâhmanas are at hand, or (the sacrificer is) near a (particularly sacred) place, no restriction as to time (need be observed): 5
6. Let him select as good food as he can afford, and have it prepared as well as possible.
7. He shall feed an uneven number (of Brâhmanas), at least nine, 7
8. Or as many as he is able (to entertain). 8
9. (Let him feed such as are) Srotriyas and 9 endowed with eloquence and beauty, of a (suitable) age, and of a virtuous disposition.
10. It is preferable to give (food at a Srâddha) to young (men in the prime of life).
11. Some (declare, that the age of the guests shall be) proportionate to (that of) the Manes. 11
12. And he shall not try to contract a friendship by an (invitation to a Srâddha). 12
13. On failure of sons (the deceased person’s) Sapindas, the Sapindas of his mother, or his pupils shall offer (the funeral oblations),
14. On failure of these an officiating priest or the teacher.
15. The Manes are satisfied for a month by gifts of sesamum, Mâsha-beans, rice, barley, and water, 15
For (three) years by fish and the flesh of common deer, spotted deer, hares, turtles, boars, and sheep,
For twelve years by cow’s milk and messes made of milk,
For a very long time by the flesh of (the crane called) Vârdhrînasa, by Ocyrnurn sanctum (sacred Basil), and by the flesh of goats, (especially) of a red (he-goat), and of a rhinoceros, (if these dishes are) mixed with honey.
16. Let him not feed a thief, a eunuch, an outcast, an atheist, a person who lives like an atheist, 16 the destroyer of the sacred fire; (the husband of) a younger sister married before the elder, the husband of an elder sister whose youngest sister was married first, a person who sacrifices for women or for a multitude of men, a man who tends goats, who has given up the fire-worship, who drinks spirituous liquor, whose conduct is blamable, who is a false witness, who lives as a door-keeper;
17. Who lives with another man’s wife, and the (husband) who allows that (must not be invited); 17
18. (Nor shall he feed) a man who eats the food of a person born from adulterous intercourse, a seller of Soma, an incendiary, a poisoner, a man who during studentship has broken the vow of chastity, Who is the servant of a guild, who has intercourse with females who must not be touched, who delights in doing hurt, a younger brother married before the elder brother, an elder brother married after his younger brother, an elder brother whose 18 junior has kindled the sacred fire first, a younger brother who has done that, a person who despairs of himself, a bald man, a man who has deformed nails, or black teeth, who suffers from white leprosy, the son of a twice-married woman, a gambler, a man who neglects the recitation (of the sacred texts), a servant of the king, any one who uses false weights and measures, whose only wife is a Sûdra female, who neglects the daily study, who suffers from spotted leprosy, a usurer, a person who lives by trade or handicrafts, by the use of the bow, by playing musical instruments, or, by beating time, by dancing, and by singing;
19. Nor, (sons) who have enforced a division of the family estate against the wish of their father. 19
20. Some (allow) pupils and kinsmen (to be invited). 20
21. Let him feed upwards of three (or) one (guest) endowed with (particularly) excellent qualities. 21
22. If he enters the bed of a Sûdra female immediately after partaking of a funeral repast, his ancestors will lie for a month in her ordure. 22
23. Therefore he shall remain chaste on that day.
24. If (a funeral offering) is looked at by dogs, Kandâlas, or outcasts, it is blemished. 24
25. Therefore he shall offer it in an enclosed (place),
26. Or he shall scatter grains of sesamum over it,
27. Or a man who sanctifies the company shall remove the blemish.
28. Persons who sanctify the company are, any one who knows the six Aṅgas, who sings the Gyeshtha-sâmans, who knows the three texts regarding the Nâkiketa-fire, who knows the text which contains thrice the word Madhu, who knows the text which thrice contains the word Suparna, who keeps five fires, a Snâtaka, any one who knows the Mantras and Brâhmanas, who knows the sacred law, and in whose family the study and teaching of the Veda are hereditary. 28
29. (The same rule applies) to sacrifices offered to gods and men. 29
30. Some (forbid the invitation of) bald men and the rest to a funeral repast only.
CHAPTER XVI
1. The annual (term for studying the Veda) begins on the full moon of the month Srâvana (July-August); or let him perform the Upâkarman on 1 (the full moon of) Bhâdrapada (August-September) and study the Vedic texts,
2. During four months and a half, or during five months, or as long as the sun moves towards the South. 2
3. Let him remain chaste, let him not shave, nor eat flesh (during that period); 3
4. Or (this) restrictive rule may (be observed) during two months.
5. He shall not recite the Veda, if the wind whirls up the dust in the day-time, 5
6. Nor if it is audible at night,
7. Nor if the sound of a Vâna, of a large or a small drum, the noise of a chariot, and the wail of a person in pain (are heard), 7
8. Nor if the barking of many dogs and jackals, or the braying of many donkeys (is heard),
9. Nor if (the sky appears flaming) red, a rainbow (is seen), or hoar-frost (lies on the ground), 9
10. Nor if clouds rise out of season. 10
11. (Let him not study) when he feels the necessity to void urine or excrements, 11
12. Nor at midnight, in the twilight, and (while standing) in the water, 12
13. Nor while rain falls. 13
14. Some (declare, that the recitation of the Veda must be interrupted only) when (the rain) is dripping from the edge of the roof.
15. (Nor shall he study) when the teachers (of the gods and Âsuras, i.e. the planets Jupiter and Venus) are surrounded by a halo, 15
16. Nor (when this happens) to the two (great) lights (the sun and the moon), 16
17. (Nor) while he is in fear, riding in a carriage or on beasts of burden, or lying down, nor while his feet are raised, 17
18. (Nor) in a burial-ground, at the extremity of a village, on a high-road, nor during impurity, 18
19. Nor while a foul smell (is perceptible), while a corpse or a Kandâla (is) in (the village), nor in the neighbourhood of a Sûdra, 19
20. Nor while (he suffers from) sour eructations. 20
21. The Rig-veda and the Yagur-veda (shall not be studied) while the sound of the Sâmans (is heard). 21
22. The fall of a thunderbolt, an earthquake, an eclipse, and (the fall of) meteors (are reasons for discontinuing the reading of the Veda) until the same time (next day), 22
23. Likewise when it thunders and rains and 23 when lightning (flashes out of season) after the fires have become visible (in the twilight).
24. (If these phenomena appear) during the (rainy) season, (the reading must be interrupted) for a day (or a night), 24
25. And if lightning (is observed) during the night, (the recitation of the Veda shall be interrupted) until the third watch. 25
26. If (lightning) flashes during the third part of the day or later, (the Veda must not be read) during the entire (following night).
27. (According to the opinion) of some, a fiery meteor (has the same effect) as lightning,
28. Likewise thunder (which is heard) during the last part of the day,
29. (Or) also in the twilight.
30. (If thunder is heard) before midnight, (the study of the Veda must be interrupted) during the whole night. 30
31. (If it is heard) during the (early part of the) day, (the interruption must continue) as long as the sun shines,
32. Likewise if the king of the country has died.
33. If one (pupil) has gone on a journey (and) another (stays) with (the teacher, the study of the Veda shall be interrupted until the absentee returns). 33
34. When an attack (is made on the village), or a fire (breaks out), when one Veda has been completed, after (an attack of) vomiting, when he has partaken of a funeral repast or of a dinner on the occasion of a sacrifice offered to men, (the study of the Veda shall be interrupted) for a day and a night, 34
35. Likewise on the day of the new moon.
36. (On the latter occasion it may also be interrupted) for two days. 36
37. (The Veda shall not be studied for a day and a night) on the full moon days of the months Kârttika, Phâlguna, and Âshâdha. 37
38. On the three Ashtakâs (the Veda shall not be studied) for three (days and) nights. 38
39. Some (declare, that the rule applies) to the last Ashtakâ (only).
40. (On the occasion of) the annual (Upâkarman and Utsarga the reading shall be interrupted) on the day (of the ceremony) and those preceding and following it. 40
41. All (teachers declare, that the reading shall be interrupted for three days) when rain, thunder, and lightning (are observed) simultaneously, 41
42. When the rain is very heavy, (the reading shall be interrupted as long as it lasts). 42
43. On a festive day (the reading shall be stopped) after the (morning) meal, 43
44. And he who has begun to study (after the Upâkarman shall not read) at night for four Muhûrtas. 44
45. Some (declare, that the recitation of the Veda is) always (forbidden) in a town. 45
46. While he is impure (he shall) not even (recite the Veda) mentally. 46
47. (The study) of those who offer a funeral sacrifice (must be interrupted) until the same time next day, 47
48. Even if uncooked grain is offered at the funeral sacrifice.
49. And (those rules regarding the stoppage of the reading must be observed), which they teach in the several schools. 49
CHAPTER XVII
1. A Brâhmana may eat the food given by twice-born men, who are praised for (the faithful performance of their) duties, 1
2. And he may accept (other gifts from them).
3. Fire-wood, water, grass, roots, fruits, honey, (a promise of) safety, food brought unsolicited, a couch, a seat, shelter, a carriage, milk, sour milk, (roasted) grain, small fish, millet, a garland, venison, and vegetables, (spontaneously offered by a man) of any (caste) must not be refused, 3
4. Nor anything else that may be required for providing for (the worship of the) Manes and gods, for Gurus and dependents. 4
5. If the means for sustaining life cannot (be procured) otherwise, (they may be accepted) from a Sûdra. 5
6. A herdsman, a husbandman, an acquaintance 6 of the family, a barber, and a servant are persons whose food may be eaten,
7. And a trader, who is not (at the same time) an artisan. 7
8. (A householder) shall not eat every day (the food of strangers). 8
9. Food into which a hair or an insect has fallen (must not be eaten), 9
10. (Nor) what has been touched by a woman during her courses, by a black bird, or with the foot, 10
11. (Nor) what has been looked at by the murderer of a learned Brâhmana, 11
12. (Nor) what has been smelt at by a cow, 12
13. (Nor) what is naturally bad, 13
14. Nor (food) that (has turned) sour by itself, excepting sour milk, 14
15. (Nor) what has been cooked twice, 15
16. (Nor) what (has become) stale (by being 16 kept), except vegetables, food that requires mastication, fatty and oily substances, meat and honey.
17. (Food given) by a person who has been cast off (by his parents), by a woman of bad character, an Abhisasta, a hermaphrodite, a police-officer, a carpenter, a miser, a jailer, a surgeon, one who hunts without using the bow, a man who eats the leavings (of others), by a multitude (of men), and by an enemy (must not be eaten), 17
18. Nor what is given by such men who defile the company at a funeral dinner, as have been enumerated before bald men; 18
19. (A dinner) which is prepared for no (holy) purpose or where (the guests) sip water or rise against the rule, 19
20. Or where (one’s) equals are honoured in a different manner, and persons who are not (one’s) 20 equals are honoured in the same manner (as oneself, must not be eaten),
21. Nor (food that is given) in a disrespectful manner. 21
22. And the milk which a cow gives during the first ten days after calving (must not be drunk), 22
23. Nor (that) of goats and buffalo-cows (under the same conditions).
24. (The milk) of sheep, camels, and of one-hoofed animals must not be drunk under any circumstances, 24
25. Nor (that) of animals from whose udders the milk flows spontaneously, of those that bring forth twins, and of those giving milk while big with young, 25
26. Nor the milk of a cow whose calf is dead or separated from her. 26
27. And five-toed animals (must) not (be eaten) excepting the hedgehog, the hare, the porcupine, the iguana, the rhinoceros, and the tortoise, 27
28. Nor animals which have a double row of teeth, those which are covered with an excessive quantity of hair, those which have no hair, one-hoofed animals, sparrows, the (heron called) Plava, Brâhmanî ducks, and swans, 28
29. (Nor) crows, herons, vultures, and falcons, (birds) born in the water, (birds) with red feet and beaks, tame cocks and pigs, 29
30. (Nor) milch-cows and draught-oxen, 30
31. Nor the flesh of animals whose milk-teeth have not fallen out, which are diseased, nor the meat of those (which have been killed) for no (sacred) purpose, 31
32. Nor young sprouts, mushrooms, garlic, and substances exuding (from trees), 32
33. Nor red (juices) which issue from incisions.
34. Woodpeckers, egrets, ibis, parrots, cormorants, peewits, and flying foxes, (as well as birds) flying at night, (ought not to be eaten). 34
35. Birds that feed striking with their beaks, or scratching with their feet, and are not web-footed may be eaten, 35
36. And fishes that are not misshapen, 36
37. And (animals) that must be slain for (the fulfilment of) the sacred law. 37
38. Let him eat (the flesh of animals) killed by beasts of prey, after having washed it, if no blemish is visible, and if it is declared to be fit for use by the word (of a Brâhmana). 38
CHAPTER XVIII
1. A wife is not independent with respect to (the fulfilment of) the sacred law. 1
2. Let her not violate her duty towards her husband. 2
3. Let her restrain her tongue, eyes, and (organs of) action. 3
4. A woman whose husband is dead and who desires offspring (may bear a son) to her brother-in-law. 4
5. Let her obtain the permission of her Gurus, and let her have intercourse during the proper season only. 5
6. (On failure of a brother-in-law she may obtain offspring) by (cohabiting with) a-Sapinda, a Sagotra, a Samânapravara, or one who belongs to the same caste. 6
7. Some (declare, that she shall cohabit) with nobody but a brother-in-law.
8. (She shall) not (bear) more than two (sons). 8
9. The child belongs to him who begat it, 9
10. Except if an agreement (to the contrary has been made). 10
11. (And the child begotten at) a living husband’s (request) on his wife (belongs to the husband). 11
12. (But if it was begotten) by a stranger (it belongs) to the latter, 12
13. Or to both (the natural father and the husband of the mother). 13
14. But being reared by the husband, (it belongs to him.)
15. (A wife must) wait for six years, if her husband has disappeared. If he is heard of, she shall go to him. 15
16. But if (the husband) has renounced domestic life, (his wife must refrain) from intercourse (with other men).
17. (The wife) of a Brâhmana (who has gone to a foreign country) for the purpose of studying (must wait) twelve years. 17
18. And in like manner if an elder brother (has gone to a foreign country) his younger brother (must wait twelve years) before he takes a wife or kindles the domestic fire.
19. Some (declare, that he shall wait) six years.
20. A (marriageable) maiden (who is not given in marriage) shall allow three monthly periods to pass, and afterwards unite herself, of her own will, to a blameless man, giving up the ornaments received from her father or her family). 20
21. A girl should be given in marriage before (she attains the age of) puberty. 21
22. He who neglects it, commits sin. 22
23. Some (declare, that a girl shall be given in marriage) before she wears clothes.
24. In order to defray the expenses of a wedding, and when engaged in a rite (enjoined by) the sacred law, he may take money (by fraud or force) from a Sûdra, 24
25. Or from a man rich in small cattle, who neglects his religious duties, though he does not belong, to the Sûdra caste, 25
26. Or from the owner of a hundred cows, who does not kindle the sacred fire,
27. Or from the owner of a thousand cows, who does not drink Soma.
28. And when he has not eaten (at the time of six meals he may take) at the time of the seventh meal (as much as will sustain life), not (such a quantity as will serve) to make a hoard, 28
29. Even from men who do not neglect their duties.
30. If he is examined by the king (regarding his deed), he shall confess (it and his condition). 30
31. For if he possesses sacred learning and a good character, he must be maintained by the (king). 31
32. If the sacred law is violated and the (king) does not do (his duty), he commits sin. 32
CHAPTER XIX
1. The law of castes and of orders has been declared. 1
2. Now, indeed, man (in) this (world) is polluted by a vile action, such as sacrificing for men unworthy to offer a sacrifice, eating forbidden food, speaking what ought not to be spoken, neglecting what is prescribed, practising what is forbidden. 2
3. They are in doubt if he shall perform a penance for such (a deed) or if he shall not do it. 3
4. (Some) declare, that he shall not do it,
5. Because the deed does not perish. 5
6. The most excellent (opinion is), that he shall perform (a penance). 6
7. For it is declared in the Veda, that he who has offered a Punastoma (may) again come to (partake of) the libations of Soma, 7
8. Likewise he who has offered a Vrâtyastoma. 8
9. (The Veda says) further: ‘He who offers a horse-sacrifice, conquers all sin, he destroys the guilt of the murder of a Brâhmana; 9
10. Moreover: ‘He shall make an Abhisasta perform an Agnishtut sacrifice.’ 10
11. Reciting the Veda, austerity, a sacrifice, fasting, giving gifts are the means for expiating such a (blamable act). 11
12. The purificatory (texts are), the Upanishads, the Vedântas, the Samhitâ-text of all the Vedas, the (Anuvâkas called) Madhu, the (hymn of) 12 [paragraph continues] Aghamarshana, the Atharvasiras, the (Anuvâkas called the) Rudras, the Purusha-hymn, the two Sâmans (called) Râgana and Rauhineya, the Brihat (Sâman) and the Rathantara, the Purushagati (Sâman), the Mahânâmnîs, the Mahâvairâga (Sâman), the Mahâdivâkîrtya (Sâman), any of the Gyeshtha Sâmans, the Bahishpavamâna (Sâman), the Kûshmândas, the Pâvamânîs, and the Sâvitrî.
13. To live on milk alone, to eat vegetables only, to eat fruits only, (to live on) barley-gruel prepared of a handful of grain, to eat gold, to eat clarified butter, and to drink Soma (are modes of living) which purify. 13
14. All mountains, all rivers, holy lakes, places of pilgrimage, the dwellings of Rishis, cow-pens, and temples of the gods (are) places (which destroy sin). 14
15. Continence, speaking the truth, bathing morning, noon, and evening, standing in wet clothes, sleeping on the ground, and fasting (are the various kinds of) austerity. 15
16. Gold, a cow, a dress, a horse, land, sesamum, clarified butter, and food are the gifts (which destroy sin).
17. A year, six months, four (months), three (months), two (months), one (month), twenty-four days, twelve days, six days, three days, a day and a night are the periods (for penances).
18. These (acts) may be optionally performed when no (particular penance) has been prescribed, 18
19. (Viz.) for great sins difficult (penances), and for trivial faults easy ones.
20. The Krikkhra and the Atikr.ikkhra, (as well as) the Kândrâyana, are penances for all (offences). 20
CHAPTER XX
1. Let him cast off a father who assassinates a king, who sacrifices for Sûdras, who sacrifices for 1 his own sake (accepting) money from Sûdras, who divulges the Veda (to persons not authorised to study it), who kills a learned Brâhmana, who dwells with men of the lowest castes, or (cohabits) with a female of one of the lowest castes.
2. Having assembled the (sinner’s) spiritual Gurus and the relatives by marriage, (the sons and other kinsmen) shall perform (for him) all the funeral rites, the first of which is the libation of water, 2
3. And (afterwards) they shall overturn his water-vessel (in the following manner):
4. A slave or a hired servant shall fetch an impure vessel from a dust-heap, fill it (with water taken) from the pot of a female slave and, his face turned towards the south upset it with his foot, pronouncing (the sinner’s) name (and saying): ‘I deprive N. N. of water.’
5. All (the kinsmen) shall touch him (the slave) passing their sacrificial cords over the right shoulder and under the left arm, and untying the locks on their heads.
6. The spiritual Gurus and the relatives by marriage shall look on.
7. Having bathed, they (all shall) enter the village.
8. He who afterwards unintentionally speaks to 8 the (outcast sinner) shall stand. during one night, reciting the Sâvitrî.
9. If he intentionally (converses with the outcast, he must perform the same penance) for three nights.
10. But if an (outcast sinner) is purified by (performing) a penance, (his kinsmen) shall, after he has become pure, fill a golden vessel (with water) from a very holy lake or a river, and make him bathe in water (taken) from that (vessel). 10
11. Then they shall give him that vessel and he, after taking it, shall mutter (the following Mantras): ‘Cleansed is the sky, cleansed is the earth, cleansed and auspicious is the middle sphere; I here take that which is brilliant.’ 11
12. Let him offer clarified butter, (reciting) these Yagus formulas, the Pâvamânîs, the Taratsamandîs, and the Kûshmândas.
13. Let him present gold or a cow to a Brâhmana,
14. And to his teacher.
15. But he, whose penance lasts for his (whole) lifetime, will be purified after death. 15
16. Let (his kinsmen) perform for him all the funeral rites, the first of which is the libation of water.
17. This same (ceremony of bathing in) water 17 consecrated for the sake of purification (must be performed) in the case of all minor offences (upapâtakas).
CHAPTER XXI
1. The murderer of a Brâhmana, he who drinks spirituous liquor, the violator of a Guru’s bed, he who has connection with the female relatives of his mother and of his father (within six degrees) or with sisters and their female offspring, he who steals (the gold of a Brâhmana), an atheist, he who constantly repeats blamable acts, he who does not cast off persons guilty of a crime causing loss of caste, and he who forsakes blameless (relatives), become outcasts, 1
2. Likewise those who instigate others to acts causing loss of caste, 2
3. And he who for a (whole) year associates with outcasts. 3
4. To be an outcast means to be deprived of the right to follow the lawful occupations of twice-born men,
5. And to be deprived after death of the rewards of meritorious deeds.
6. Some call (this condition) hell.
7. Manu (declares, that) the first three (crimes, named above) cannot be expiated. 7
8. Some (declare, that a man) does not become an outcast (by having connection) with female (relatives), except (when he violates) a Guru’s bed. 8
9. A woman becomes an outcast by procuring abortion, by connection with a (man of) lower (caste) and (the like heinous crimes). 9
10. Giving false evidence, calumnies which will reach (the ears of) the king, an untrue accusation brought against a Guru (are acts) equal to mortal sins (mahâpâtaka). 10
11. (The guilt of a) minor offence (upapâtaka) rests on those who (have been declared to) defile the company (at a funeral dinner and have been named above) before the bald man, on killers of kine, those who forget the Veda, those who pronounce Vedic texts for the (last-mentioned sinners), students 11 who break the vow of chastity, and those who allow the time for the initiation to pass.
12. An officiating priest must be forsaken, if he is ignorant (of the rules of the sacrifice), a teacher, if he does not impart instruction, and (both) if they commit crimes causing loss of caste. 12
13. He who forsakes (them) under any other circumstances, becomes an outcast.
14. Some declare, that he, also, who receives (a person who has unjustly forsaken his priest or teacher, becomes an outcast).
15. The mother and the father must not be treated improperly under any circumstances. 15
16. But (the sons) shall not take their property. 16
17. By accusing a Brâhmana of a crime (the accuser commits) a sin equal (to that of the accused). 17
18. If (the accused is) innocent, (the accuser’s guilt is) twice (as great as that of the crime which he imputed to the other). 18
19. And he who, though able to rescue a weak man from injury, (does) not (do it, incurs as much guilt as he who injures the other).
20. He who in anger raises (his hand or a weapon) 20 against a Brâhmana, will be banished from heaven for a hundred years.
21. If he strikes, (he will lose heaven) for a thousand (years).
22. If blood flows, (he will lose heaven) for a number of years equal to (that of the particles of) dust which the spilt (blood) binds together. 22
CHAPTER XXII
1. (Now follows the description of the) penances. 1
2. He who has (intentionally) slain a Brâhmana shall emaciate himself, and thrice throw himself into a fire, 2
3. Or he may become in battle a target for armed men, 3
4. Or, remaining chaste, he may, during twelve years, enter the village (only) for the purpose of begging, carrying the foot of a bedstead and a skull in his hand and proclaiming his deed. 4
5. If be meets an Ârya, he shall step out of the road. 5
6. Standing by day, sitting at night, and bathing in the morning, at noon, and in the evening, he may be purified (after twelve years), 6
7. Or by saving the life of a Brâhmana, 7
8. Or if he is, at least, thrice vanquished in (trying to recover) the property (of a Brâhmana) stolen (by robbers), 8
9. Or by bathing (with the priests) at (the end of) a horse-sacrifice, 9
10. Or at (the end of) any other (Vedic) sacrifice, provided that an Agnishtut (sacrifice) forms part of it. 10
11. (The same penances must be performed) even if he has attempted the life of a Brâhmana, but failed to kill him, 11
12. Likewise if he has killed a female (of the Brâhmana caste) who had bathed after temporary uncleanness, 12
13. Also for (destroying) the embryo of a Brâhmana, though (its sex) may be not distinguishable. 13
14. For (intentionally) killing a Kshatriya the normal vow of continence (must be kept) for six 14 years; and he shall give one thousand cows and one bull.
15. For (killing) a Vaisya (the same penance must be performed) during three years; and he shall give one hundred cows and one bull. 15
16. For (killing) a Sûdra (the same penance must be performed) during one year; and he shall give ten cows and one bull. 16
17. And the same (rule applies) if a female (has been killed) who was not in the condition (described in Sûtra 12). 17
18. (The penance for killing) a cow is the same as for (the murder of) a Vaisya, 18
19. And for injuring a frog, an ichneumon, a crow, a chameleon, a musk-rat, a mouse, and a dog, 19
20. And for killing one thousand (small animals) that have bones, 20
21. Also for (killing) an ox-load of (animals) that have no bones; 21
22. Or he may also give something for (the destruction of) each animal that has bones. 22
23. For (killing) a eunuch (he shall give) a load of straw and a mâsha of lead; 23
24. For (killing) a boar, a pot of clarified butter; 24
25. For (killing) a snake, a bar of iron; 25
26. For (killing) an unchaste woman, who is merely in name a Brâhmanî, a leather bag; 26
27. (For killing a woman who subsists) by harlotry, nothing at all.
28. For preventing that (a Brâhmana) obtains a wife, food, or money, (he must) in each case (remain chaste) during a year,
29. For adultery two years, 29
30. (For adultery with the wife) of a Srotriya three years.
31. And if he has received a present (from the woman), he shall throw it away,
32. Or restore it to the giver.
33. If he has employed Vedic texts for people (with whom such intercourse is) forbidden, (he shall remain chaste for a year), provided (the portion of the Veda thus employed) contained one thousand words. 33
34. And the same (penance must be performed) by him who extinguishes the (sacred) fires, who neglects the daily recitation of the Veda, or (who is guilty) of a minor offence (upapâtaka),
35. Also by a wife who violates her duty (to her husband): but, being guarded, she shall receive food. 35
36. For committing a bestial crime, excepting (the case of) a cow, (he shall offer) an oblation of clarified butter, (reciting) the Kûshmânda texts. 36
CHAPTER XXIII
1. They shall pour hot spirituous liquor into the mouth of a Brâhmana who has drunk such liquor; he will be purified after death. 1
2. If he has drunk it unintentionally, (he shall drink) for three days hot milk, clarified butter, and water, and (inhale hot) air. That (penance is called the Tapta-)krikkhra. Afterwards he shall be again initiated. 2
3. And (the same penance must be performed) for swallowing urine, excrements, or semen,
4. And (for eating) any part of a carnivorous beast, of a camel or of an ass, 4
5. And of tame cocks or tame pigs.
6. If he smells the fume (exhaled) by a man who has drunk spirituous liquor, (he shall) thrice restrain his breath and eat clarified butter, 6
7. Also, if he has been bitten by (one of the animals mentioned) above (Sûtras 4-5). 7
8. He who has defiled the bed of his Guru shall extend himself on a heated iron bed, 8
9. Or he shall embrace the red-hot iron image of a woman.
10. Or he shall tear out his organ and testicles and, holding them in his hands, walk straight towards the south-west, until he falls down dead,
11. He will be purified after death.
12. (The guilt of him who has intercourse) with the wife of a friend, a sister, a female belonging to the same family, the wife of a pupil, a daughter-in-law, or with a cow, is as great as that of (him who violates his Guru’s) bed. 12
13. Some (declare, that the guilt of such a sinner is equal to) that of a student who breaks the vow of chastity. 13
14. A woman who commits adultery with a man 14 of lower caste the king shall cause to be devoured by dogs in a public place.
15. He shall cause the adulterer to be killed (also). 15
16. (Or he shall punish him in the manner) which has been declared (above). 16
17. A student who has broken the vow of chastity shall offer an ass to Nirriti on a cross-road. 17
18. Putting on the skin of that (ass), with the hair turned outside, and holding a red (earthen) vessel in his hands, he shall beg in seven houses, proclaiming his deed.
19. He will be purified after a year.
20. For an involuntary discharge caused by fear or sickness, or happening during sleep, and if for seven days the fire-oblations and begging have been neglected, (a student) shall make an offering of clarified 20 butter or (place) two pieces of fuel (in the fire) reciting the two (verses called) Retasya.
21. Let him who was asleep when the sun rose remain standing during the day, continent and fasting, and him who was asleep when the sun set (remain in the same position) during the night, reciting the Gâyatrî. 21
22. He who has looked at an impure (person), shall look at the sun and restrain his breath (once). 22
23. Let him who has eaten forbidden food [or swallowed impure substances], (fast until) his entrails are empty. 23
24. (In order to attain that), he must entirely abstain from food at least for three (days and) nights.
25. Or (he becomes pure) after eating during seven (days and) nights fruits that have become detached spontaneously, avoiding (all other food).
26. (If, he has eaten forbidden food mentioned above) before five-toed animals, he must throw it up and eat clarified butter. 26
27. For abuse, speaking an untruth, and doing injury, (he shall practise) austerities for no longer period than three (days and) nights. 27
28. If (the abuse) was merited, (he shall offer) burnt-oblations, reciting (the Mantras) addressed to Varuna and (the hymns) revealed by Manu. 28
29. Some (declare, that) an untruth (spoken) at the time of marriage, during dalliance, in jest or while (one suffers severe) pain is venial. 29
30. But (that is) certainly not (the case) when (the untruth) concerns a Guru.
31. For if he lies in his heart only to a Guru regarding small matters even, he destroys (himself), seven descendants, and seven ancestors.
32. For intercourse with a female (of one) of the lowest castes, he shall perform a Krikkhra penance during one year. 32
33. (For committing the same sin) undesignedly, (he shall perform the same penance) during twelve (days and) nights.
34. For connection with a woman during her courses, (he shall perform the same penance) for three (days and) nights. 34
CHAPTER XXIV
1. A secret penance (must be performed) by him whose sin is not publicly known. 1
2. He who desires to accept or has accepted (a gift) which ought not to be accepted, shall recite the four Rik-verses (IX, 58, 1-4), (beginning) Tarat sa mandî, (standing) in water. 2
3. He who desires to eat forbidden food, shall scatter earth (on it). 3
4. Some (declare, that) he who has connection with a woman during her courses becomes pure by bathing. 4
5. Some (declare, that this rule holds good) in the case of (one’s own) wives (only). 5
6. The (secret) penance for killing a learned Brâhmana (is as follows):, Living during ten days on milk (alone) or (on food fit for offerings), during a second (period of ten days) on clarified butter, and during a third (period of ten days) on water, partaking 6 of (such food) once only each day, in the morning, and keeping his garments constantly wet, he shall (daily) offer (eight) oblations, (representing) the hair, the nails, the skin, the flesh, the blood, the sinews, the bones, (and) the marrow. The end of each (Mantra) shall be, ‘I offer in the mouth of the Atman (the Self), in the jaws of Death.’
7. Now another (penance for the murder of a Brâhmana will be described):
8. The rule (as to eating and so forth), which has been declared (above, Sûtra 6, must be observed),
9. (And) he shall offer clarified butter, reciting (the sacred text Rig-veda I, 189, 2), ‘O fire, do thou ferry over,’ the Mahâvyâhritis, and the Kûshmândas; 9
10. Or, for the murder of a Brâhmana, for drinking spirituous liquor, for stealing (gold), and for the violation of a Guru’s bed, he may perform that (same vow), tire himself by repeatedly stopping his breath, and recite (the hymn seen by) Aghamarshana. That is equal (in efficacy) to the final bath at a horse-sacrifice; 10
11. Or, repeating the Gâyatrî a thousand times, he, forsooth, purifies himself; 11
12. Or, thrice repeating (the hymn of) Aghamarshana while immersed in water, he is freed from all sins.
CHAPTER XXV
1. Now they say: ‘How many (gods) does a student enter who violates the vow of chastity?’ 1
2. (And they answer): ‘His vital spirits (go to) the Maruts (winds), his strength to Indra, his eminence in sacred learning to Brihaspati, all the remaining parts to Agni.’ 2
3. He kindles the fire in the night of the new moon, and offers, by way of penance, two oblations of clarified butter, 3
4. (Reciting these two sacred texts), ‘Defiled by lust am I, defiled am I, oh Lust; to Lust svâhâ;’ ‘Injured by lust am I, injured am I, oh Lust; to Lust svâhâ.’ (Next) he (silently) places one piece of sacred fuel (on the fire), sprinkles water round the fire, offers the Yagñavâstu (oblation), and approaching (the fire) worships it, thrice (reciting the text), ‘May the waters sprinkle me.’ 4
5. These worlds are three; in order to conquer these worlds, in order to gain mastership over these worlds, (this rite must be performed.)
6. According to some, the above (described) rite is a penance (for all hidden offences) in general, (and they say) regarding it, ‘He who may be impure, as it were, shall offer burnt-oblations in this manner, and shall recite sacred texts in this manner; the fee (of the officiating priest shall be) whatever he may choose.’
7. He who has been guilty of cheating, of calumniating, of acting contrary to the rule of conduct, of eating or drinking things forbidden, of connection with a woman of the Sûdra caste, of an unnatural crime, and even of performing magic rites with intent (to harm his enemies), shall bathe and sprinkle himself with water, reciting the texts addressed to the Waters, or those addressed to Varuna, or other purificatory texts. 7
8. For offences committed by speaking or thinking of forbidden things, the five Vyâhritis (must be recited). 8
9. Or for all (offences) he may sip water, (reciting) in the morning (the text), ‘May the day and the sun purify me;’ and in the evening, ‘The night and Varuna.’
10. Or he may offer eight pieces of sacred fuel, 10 [paragraph continues] (reciting the texts beginning) ‘Devakritasya.’ By merely offering them he becomes free from all sin.
CHAPTER XXVI
1. Now, therefore, we will describe three Krikkhras (or difficult penances). 1
2. (During three days) he shall eat at the morning-meal food fit for offerings, and fast in the evening. 2
3. Next, he shall eat (food fit for offerings), during. another period of three days, in the evening (only). 3
4. Next, during another period of three days, he shall not ask anybody (for food).
5. Next, he shall fast during another period of three days.
6. He who desires (to be purified) quickly, shall stand during the day, and sit during the night. 6
7. He shall speak the truth. 7
8. He shall not converse with anybody but Âryans.
9. He shall daily sing the two (Sâmans called) Raurava and Yaudhâgaya.
10. He shall bathe in the morning, at noon, and in the evening reciting, the three (verses which begin) ‘For ye waters are,’ and he shall dry himself reciting the eight purificatory (verses which begin) ‘The golden-coloured.’
11. Next (he shall offer) libations of water.
12. Adoration to him who creates self-consciousness, who creates matter, who gives gifts, who destroys (sin), who performs penance, to Punarvasu, adoration. 12
Adoration to him who is worthy of (offerings)
consisting of Muñga grass, who is worth), of (offerings of) water, who conquers wealth, to him who conquers the universe, adoration.
Adoration to him who gives success, who gives full success, who gives great success, to him who carries (all undertakings) to a successful issue, adoration.
Adoration to Rudra, the lord of cattle, the great god, the triocular, solitary, supreme lord Hari, to dread Sarva, to Îsâna who carries the thunderbolt, to the fierce wearer of matted locks, adoration.
Adoration to the Sun, to Aditi’s offspring, adoration.
Adoration to him. whose neck is blue, to him whose throat is dark-blue, adoration.
Adoration to the black one, to the brown one, adoration.
Adoration to Indra, the first-born, the best, the ancient, to chaste Harikesa, adoration.
Adoration to the truthful purifier, to fire-coloured Kâma, who changes his form at pleasure, adoration.
Adoration to the brilliant one, to him whose form is brilliant, adoration.
Adoration to the fierce one, to him whose form is fierce, adoration.
Adoration to Sobhya, the beautiful, the great male, the middle male, the highest male, to the student of the Veda, adoration.
Adoration to him who wears the moon on his forehead, to him whose garment is a skin, adoration.
13. The worship of Âditya (the sun) must be performed with the same (texts). 13
14. Offerings of clarified butter (must be made with the help of) the same (texts).
15. At the end of the period of twelve days he shall boil rice and. make offerings to the following deities,
16. (Viz.) to Agni svâhâ, to Soma svâhâ, to Agni and Soma (conjointly), to Indra and Agni (conjointly), to Indra, to all the gods, to Brahman, to Pragâpati, (and) to Agni Svishtakrit.
17. Afterwards (he must feed) Brâhmanas.
18. By the above (rules) the Atikr.ikkhra (or exceedingly difficult) penance has been explained. 18
19. (But when he performs that), he shall eat (only) as much as he can take at one (mouthful). 19
20. The third (Krikkhra) is that where water is the (only) food, and it is called Krikkhrâtikrikkhra (or the most difficult penance). 20
21. He who has performed the first of these (three) becomes pure, sanctified, and worthy (to follow) the occupations (of his caste). 21
22. He who has performed the second is freed from all sins which he commits, excepting mortal sins (mahâpâtaka).
23. He who has performed the third, removes all guilt.
24. Now he who performs these three Krikkhras becomes perfect in all the Vedas, and known to all the gods; 24
25. Likewise he who knows this.
CHAPTER XXVII
1. Now, therefore, the Kândrâyana (or lunar penance will be described).
2. The (general) rules prescribed for a Krikkhra (are applicable) to that. 2
3. (The hair must be) shaved, in case it (is performed as) a penance. 3
4. He shall fast on the day preceding the full moon.
5. And (he shall offer) libations (of water), oblations of clarified butter, consecrate the sacrificial viands, and worship the moon, reciting these (rikas), ‘Increase’ (Rig-veda I, 91, 17), ‘May milk be joined with thee’ (Rig-veda I, 91, 18, and) ‘Ever new’ (Rig-veda X, 85, 19). 5
6. He shall offer (clarified butter), reciting the four (rikas beginning) ‘Yad devâ devahedanam,’ 6
7. And at the end (of the offering of clarified 7 butter he shall offer) pieces of sacred fuel, reciting (the texts beginning) ‘Devakritasya.’
8. Each mouthful of food must be consecrated by the mental recitations (of one) of the following (words): Om, bhûh, bhuvah, svah, austerity, truth, fame, prosperity, vigour, refreshment, strength, lustre, soul, law, Siva. 8
9. Or (he may consecrate) all (of them at once, saying), Adoration svâhâ. 9
10. The size of a mouthful (shall be such) as not to cause a distortion of the mouth (in swallowing it). 10
11. The sacrificial viands are, boiled rice, food obtained by begging, ground barley, grain separated from the husk, barley-gruel, vegetables, milk, sour 11 milk, clarified butter, roots, fruits, and water; (among these) each succeeding one is preferable (to those enumerated earlier).
12. He shall eat on the day of the full moon fifteen mouthfuls, and during the dark half (of the month) daily diminish his portion by one (mouthful). 12
13. He shall fast on the day of the new moon, and during the bright half (of the month) daily increase (his portion) by one (mouthful).
14. According to some (the order shall be) inverted. 14
15. That (is called) a month, occupied by the Kândrâyana penance.
16. He who has completed that, becomes free from sin and free from crime, and destroys all guilt.
17. He who has completed a second (month, living according to that rule), sanctifies himself, ten ancestors, and ten descendants, as well as (any) company (to which he may be invited);
18. And he who has lived for a year (according to that rule), dwells (after death) in the world of the moon. 18
CHAPTER XXVIII
1. After the father’s death let the sons divide his estate, 1
2. Or, during his lifetime, when the mother is past child-bearing, if he desires it, 2
3. Or the whole (estate may go) to the first-born; (and) he shall support (the rest) as a father. 3
4. But in partition there is an increase of spiritual merit. 4
5. (The additional share) of the eldest (son consists of) a twentieth part (of the estate), a male and a female (of animals with one row of front teeth, such as cows), a carriage yoked with animals that have two rows of front teeth, (and) a bull. 5
6. (The additional share) of the middlemost (consists of) the one-eyed, old, hornless, and tailless animals, if there are several. 6
7. (The additional share) of the youngest (consists of) the sheep, grain, the iron (utensils), a house, a cart yoked (with oxen), and one of each kind of (other) animals. 7
8. All the remaining (property shall be divided) equally. 8
9. Or let the eldest have two shares, 9
10. And the rest one each. 10
11. Or let them each take one kind of property, (selecting), according to seniority, what they desire, 11
12. Ten head of cattle. 12
13. (But) no (one brother shall) take (ten) one-hoofed beasts or (ten) slaves. 13
14. (If a man has several wives) the additional 14 share of the eldest son is one bull (in case he be born of a later-married wife);
15. (But the eldest son) being born of the first-married wife (shall have) fifteen cows and one bull; 15
16. Or (let the eldest son) who is born of a later-married wife (share the estate) equally with his younger (brethren born of the first-married wife). 16
17. Or let the special shares (be adjusted) in each class (of sons) according to their mothers. 17
18. A father who has no (male) issue may appoint his daughter (to raise up a son for him), presenting burnt offerings, to Agni (fire) and to Pragâpati (the lord of creatures), and addressing (the bridegroom with these words), ‘For me be (thy male) offspring.’ 18
19. Some declare, that (a daughter becomes) an appointed daughter solely by the intention (of the father).
20. Through fear of that (a man) should not marry a girl who has no brothers. 20
21. Sapindas (blood relations within six degrees), Sagotras (relations bearing a common family name), (or) those connected by descent from the same Rishi 21 [paragraph continues] (vaidika gotra), and the wife shall share (the estate) of a person deceased without (male) issue (or an appointed daughter).
22. Or (the widow) may seek to raise up offspring (to her deceased husband). 22
23. (A son) begotten on a (widow) whose husband’s brother lives, by another (relative), is excluded from inheritance. 23
24. A woman’s separate property (goes) to her unmarried daughters, and (on failure of such) to poor (married daughters). 24
25. The sister’s fee belongs to her uterine brothers, if her mother be dead. 25
26. Some (declare, that it belongs to them) even while the mother lives. 26
27. The heritage of not reunited (brothers) deceased 27 [paragraph continues] (without male issue goes) to the eldest (brother).
28. If a reunited coparcener dies (without male issue) his reunited coparcener takes the heritage. 28
29. A son born after partition takes exclusively (the wealth) of his father. 29
30. What a learned (coparcener) has acquired by his own efforts, he may (at his pleasure) withhold from his unlearned (coparceners). 30
31. Unlearned (coparceners) shall divide (their acquisitions) equally. 31
32. A legitimate son, a son begotten on the wife (by a kinsman), an adopted son, a son made, a son born secretly, and a son abandoned (by his natural parents) inherit the estate (of their fathers). 32
33. The son of an unmarried damsel, the son of a pregnant bride, the son of a twice-married woman, the son of an appointed daughter, a son self-given, and a son bought belong to the family (of their fathers).
34. On failure of a legitimate son or (of the) 34 other (five heirs) they receive a fourth (of the estate).
35. The son of a Brâhmana by a Kshatriya wife, being the eldest and endowed with good qualities, shares equally (with a younger brother, born of a Brâhmanî); 35
36. (But he shall) not (obtain) the additional share of an eldest son. 36
37. If there are sons begotten (by a Brâhmana) on wives of the Kshatriya and Vaisya castes (the division of the estate between them takes place according to the same rules) as (between) the (son by a Kshatriya wife) and the son by a Brâhmanî. 37
38. And (the sons by a Kshatriya wife and by a Vaisya wife share in the same manner) if (they have been begotten) by a Kshatriya (father).
39. The son by a Sûdra wife even, if he be obedient like a pupil, receives a provision for maintenance (out of the estate) of a (Brâhmana) deceased without (other) male issue. 39
40. According to some, the son of a woman of equal caste even does not inherit, if he be living unrighteously. 40
41. Srotriyas shall divide the estate of a childless Brâhmana. 41
42. The king (shall take the property of men) of other (castes). 42
43. An idiot and a eunuch must be supported. 43
44. The (male) offspring of an idiot receives (his father’s) share. 44
45. (Sons begotten) on women of higher castes (by men of lower castes shall be treated) like sons (begotten by a Brâhmana) on a Sûdra wife. 45
46. Water, (property destined for) pious uses or sacrifices, and prepared food shall not be divided; 46
47. Nor (shall a partition be made) of women connected (with members of the family). 47
48. In cases for which no rule has been given, (that course) must be followed of which at least ten (Brâhmanas), who are well instructed, skilled in reasoning, and free from covetousness, approve.
49. They declare, that an assembly (parishad, shall consist) at least (of the ten following (members, viz.) four men who have completely studied the four Vedas, three men belonging to the (three) orders enumerated first, (and) three men who know (three) different (institutes of) law. 49
50. But on failure of them the decision of one Srotriya, who knows the Veda and is properly instructed (in the duties, shall be followed) in doubtful cases.
51. For such a man is incapable of (unjustly) injuring or (unjustly) favouring created beings.
52. He who knows the sacred law obtains heavenly bliss, more than (other) righteous men, on account of his knowledge of, and his adherence to it.
53. Thus the sacred law (has been explained).
The end.