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The term ‘woman’ has been used with a view to include women of all castes; the foregoing verses having been explained as applying to the Brāhmaṇa. The text has used the term ‘woman’ in this verse with a view to guard against the idea that what is here laid down also applies to the Brāhmaṇa only. In the following verses also, where there is nothing to indicate the restriction of a rule to any particular caste, it is to be understood as applying to all castes; as for instance, the next verse which speaks of ‘persons whose tonsure has not been performed.’ — (65).

Explanatory notes by Ganganath Jha:

(Verse 66 of other commentators.)

“Nārāyaṇa and Rāghavānanda think that this rule refers to miscarriages which happen during the first six months of pregnancy; and that from the seventh month, whether the child lives or not, the full period of impurity must he kept. Nārāyaṇa moreover asserts that in the first and second months the impurity shall last three days”. — Buhler. — ‘Sādhvī’. — ‘Becomes pure’ (Medhātithi and Kullūka); — ‘chaste’ (Nārāyaṇa).

This verse is quoted in Mitākṣarā (on 3.20), which explains the second half to mean as follows: — ‘The woman in her courses becomes pure — i.e., fit for religious functions — on bathing after the cessation of the menstrual flow; but as regards touchability, she becomes fit for it by bathing on the fourth day, even though the flow may not have ceased entirely.

The verse is quoted also in Nirṇayasindhu (p. 369); — in Śuddhikaumudī (p. 3); — in Hāralatā (p. 68), which says that, the plural number in ‘rātribhiḥ’ indicates that miscarriage is a source of purity only when it occurs in the third and subsequent months of the pregnancy, and that the mention of the ‘woman’ in the second line makes it clear that the impurity due to miscarriage also attaches to the wife only, and not to the husband; — and in Nṛsiṃhaprasāda (Saṃskāra, p. 25a).

Comparative notes by various authors:

Gautama (14.17-18). — ‘For miscarriage the impurity lasts for a number of days, equal to the number of months from conception; — or for three days.’

Baudhāyana, (1.11.31). — ‘On miscarriage, the female remains impure for as many days as months that may have elapsed since conception.’

Viṣṇu (22.72). — ‘The woman in her courses becomes pure by bathing, on the fourth day.’

Yājñavalkya (3.20). — ‘On miscarriage, purification is brought about by the lapse of as many nights as the months (that may have elapsed since conception).’

Ādipurāṇa (Aparārka, p. 901). — ‘If there is miscarriage within six months of conception, then purification is brought about by the lapse of days equal in number to that of the months; after six months the purification follows the ordinary rule of the caste. For the Sapiṇḍas, the purification is immediate.’

Vaśiṣṭha (Aparārka, p. 901). — ‘On the death of a child less than two years old and on miscarriage, the Sapiṇḍas are impure for three days.’

Marīci (Aparārka, p. 901). — ‘On miscarriage, for the Brāhmaṇa, the impurity lasts three days; for the Kṣatriya, four days; for the Vaiśya, five days, and for the Śūdra eight days. On miscarriage, the mother herself remains impure in accordance with the number of months, while the father and others remain impure for three days.’

Vṛddha-Vaśiṣṭha (Aparārka, p. 901). — ‘On miscarriage, the woman herself is impure for as many days as the number of months; the man is purified by simple bathing; but after three days if the pregnancy had advanced.’

Smṛtyantara (Aparārka, p. 901). — ‘Till the fourth month the miscarriage is called “Srāva,” Flowing out; during the fifth and sixth months, it is called “Pāta” Falling out; after that it is “Prasūti,” child-birth; and the impurity due to this last lasts for four days.’

VERSE 5.66

Section IX - Other forms of Impurity

नृणामकृतचूडानां विशुद्धिर्नैशिकी स्मृता ।
निर्वृत्तचूडकानां तु त्रिरात्रात्शुद्धिरिष्यते ॥६६॥

nṛṇāmakṛtacūḍānāṃ viśuddhirnaiśikī smṛtā |
nirvṛttacūḍakānāṃ tu trirātrātśuddhiriṣyate ||66||

In the case of persons whose tonsure has not been performed purification has been declared to come after a night; but in the case of those whose tonsure has been performed, purification is held to come after three days. — (66).

Medhātithi’s commentary (manubhāṣya):

The genetive endings in this verse some people explain as having the sense of the Nominative, according to Pāṇini’s Sūtra 3,3,83; and in that case the meaning would be — ‘the person whose tonsure has not been performed is purified in one day;’ and it has already been explained that some options in this connection are also based upon the age and condition of the person observing the impurity; and the present verse lays down specific rules in accordance with the general principle there enunciated.

Others, however, explain the genetive ending as denoting relationship; and in this case they have to supply some words; the meaning being — ‘the Sapiṇḍa relation of persons whose tonsure has not been performed etc;, etc.?’

This latter view is what is in keeping with usage.

Another Smṛti text has declared immediate purification; and the same text has laid down the exact scope of that rule — ‘Till the appearance of teeth, it is immediate: till the performance of the Tonsure, it comes after one day; and in the case of those whose Tonsure has been performed, it lasts for three days.’ — (66)

Explanatory notes by Ganganath Jha:

(Verse 67 of other commentators.)

This verse is quoted in Mitākṣarā (on 3.23), where it is explained that all that this means is that in the case of all before initiation, the impurity lasts for three days; — in Nirṇayasindhu (p. 373); — and in Smṛtitattva (II, p. 271), which remarks that the second half of the verse makes it clear to what case the following two verses refer.

Medhātithi offers two constructions: — (1) By one the verse is made to provide a rule for the impurity of the untonsured child on the death of others; — (2) by the other, for the impurity of others on the death of the untonsured children.

Comparative notes by various authors:

Viṣṇu (22-29-30). — ‘On the death of a child after teething, hut before tonsure, the impurity lasts for a day and night; after tonsure, but before initiation, for three days.’

Yājñavalkya (3.23). — ‘Before teething, the impurity is for the moment only; till tonsure, for one night; till initiation, three nights; after that, ten days.’

Kātyāyana (Aparārka, p. 909). — ‘If the child dies within ten days, the impurity ceases at once; in fact, in this case there is neither death nor impurity.’

Vṛddha-Manu (Aparārka, p. 910). — ‘If the child happen to die within ten days, one need not observe anything due to death.’

Hārīta (Aparārka, p. 910). — ‘If the child is born dead, or if it dies immediately on birth, the Sapiṇḍas remain impure for ten days.’

Bṛhat-Mann (Aparārka, p. 910). — ‘If the child dies immediately after birth, or if it is still-born, then for the mother there is impurity for the entire period; for the father and others, for three days.’

Bṛhat-Pracetas (Aparārka, p. 910). — ‘If the child dies after living for just one moment, the mother is purified in ten days, and the Sagotras at the same moment.’

Śaṅkha (Aparārka, 910). — ‘If the child dies before the lapse of ten days, the mother is affected by the entire impurity due to child-birth; but the father becomes purified by bathing. In the case of the child dying before teething, the purification is immediate; after tonsure, in one day; before initiation, its relations become purified in three days. Before the naming ceremony, it is immediate.’

Paiṭhīnasi (Aparārka, p. 910). — ‘In the case of children dying before teething, the impurity due to their death lasts three days.’

Kaśyapa (Aparārka, p. 910). — ‘In the case of children dying before teething, purification comes in throe days.’

Yama (Aparārka, p. 911). — ‘On the death of a child before teething, as also on miscarriage, all the Sapiṇḍas become pure after a day.’

Aṅgiras (Aparārka, p. 911). — ‘When a child dies before tonsure, and after teething, one should remain impure for three days after cremating it On the death of a Brāhmaṇa child before it is throe years old, the impurity lasts one night; on that of a Kṣatriya, three days; of a Vaiśya, three days.

......In the case of the Brāhmaṇa dying after tonsure, the impurity lasts for three days; of the Kṣattnya, six days; of the Vaiśya, nine days. If a Śūdra child dies before three years, the impurity lasts five days.’

Ṛṣyaśṛṅga (Aparārka, p. 911). — ‘Where the impurity for the Brāhmaṇa lasts three days, that for the Kṣatriya, Vaiśya and Śūdra, lasts for six, nine and twelve days respectively.’

Hārīta (Aparārka, p. 911.). — ‘Before the Upanayana, for all castes, the impurity lasts for three days in the case of the death of the boy, and for one day in that of a girl.’

Pāraskara (Aparārka, p. 911). — ‘On the death of a child less than two years old, the impurity attaches to the parents only.’

VERSE 5.67

Section IX - Other forms of Impurity

ऊनद्विवार्षिकं प्रेतं निदध्युर्बान्धवा बहिः ।
अलङ्कृत्य शुचौ भूमावस्थिसञ्चयनाद् ऋते ॥६७॥

ūnadvivārṣikaṃ pretaṃ nidadhyurbāndhavā bahiḥ |
alaṅkṛtya śucau bhūmāvasthisañcayanād ṛte ||67||

The child that dies while less than two years old, the relations should, after having decked it, place outside, under the ground that is clean and not defiled by heaps of bones. — (67)

Medhātithi’s commentary (manubhāṣya):

The child whose sacramental rites have not been performed, and since whose birth less than two years have elapsed, is called ‘less than two years old’. Such a child, when it dies, ‘the relations should place outside’ — the village — ‘under the ground,’ that has been dug out.

Another Smṛti -text contains the word ‘nikhavet (?)’. should bury’.

‘Having decked’ — with ornaments befitting the dead. The ‘decking’, mentioned here in connection with the child ‘few than two years old’, should be understood, on the strength of usage, to apply to those also whose sacramental rites have been performed.

‘Clean’ — where there are no bones. That is, the ground that is clean by reason of the absence of heaps of bones, — under such a ground should the child he placed. As a rule, the crematorium abounds in heaps of bones; hence what the present text means is that the child should be buried in a place other than the crematorium; and it does not mean that in this case the rite of ‘bone-collecting’ shall not be performed: because this later fact is already implied by the absence of burning in the case. — (67)

Explanatory notes by Ganganath Jha:

(Verse 68 of other commentators.)

‘Asthisañcayanādṛte’ — ‘Place free from bones’ (Medhātithi, also Mitākṣarā); — ‘without the rite of bonecollecting’ (Kullūka, who quotes Viśvarupa’s explanation which agrees with Medhātithi’s).

This verse is quoted in Smṛtitattva (II, p. 271), which says that this refers to the case of the death of a child who has had his tonsure performed during the first year; — in Mitākṣarā (on 3.2) which explains the meaning to be that ‘the child should be decked with garlands and sandal-paint and should be buried in a clean place, away from the burning grounds, hut outside the village, — which should he free from bones.

It is quoted in Hāralatā (p. 121), which has the following notes: — ‘ūnadvivārṣikam’, one whose tonsure has not been performed , — ‘alaṅkṛtya’, having endowed the dead body with rings, clothes, flowers, garlands and so forth, they should bury it in some pure spot outside the village; and even though the body would soon become decomposed and hence the rite of picking of the, bones might he possible, it should not be done.

Comparative notes by various authors:

Bodhāyana (1.11.4). — ‘In the case of a child that dies before the completion of the third year, or before teething, offerings of halls and water are not proscribed, and one should not burn its body.’

Yājñavalkya (3.1) — ‘The child less than two years old one should bury; nor should any water-offerings be made.’

Yama (Aparārka, p. 870). — ‘If the dead child is less than two years old, one should smear the body with butter and bury it in the ground.’

VERSE 5.68

Section IX - Other forms of Impurity

नास्य कार्योऽग्निसंस्कारो न च कार्यौदकक्रिया ।
अरण्ये काष्ठवत् त्यक्त्वा क्षपेयुस्त्र्यहमेव तु ॥६८॥

nāsya kāryo'gnisaṃskāro na ca kāryaudakakriyā |
araṇye kāṣṭhavat tyaktvā kṣapeyustryahameva tu ||68||

For this child no sanctification by fire shall be performed; nor shall water-offering he made to it; having left it like a log of wood, in the forest, one shall keep aloof for three days. — (68)

Medhātithi’s commentary (manubhāṣya):

‘Like a log of wood;’ — this signifies absence of attachment, indifference.

The morning is that in thin case no Śrāddha, nor any water, is to be offered; the prohibition of ‘water-offering’ implying that of the Śrāddha also, through the relation of whole and part. It is thus that we have to get at the omission of Śrāddha, which is in accordance with usage.

Others explain this to mean the prohibition of burial laid down in other Smṛti -texts. And in this case there would be option.

‘Keep aloof’ — abstain from all religious acts prescribed in the scriptures. — (68)

Explanatory notes by Ganganath Jha:

(Verse 69 of other commentators).

This verse is quoted in Mitākṣarā (on 3.2), which explains ‘araṇye kāṣṭhavat tyaktvā’ as follows: — ‘Just as on throwing a log of wood in the forest, people take no notice of it, so having buried the child, they should take no further notice of him, in the way of performing his Śrāddha and other after-death rites.’

It is quoted in Aparārka (p. 870), which explains the meaning to he that, the child less than two years old, which has not had its Tonsure, should be either buried or thrown into the water, without any after-death rites; — and again on p. 911, where it is said that the digging &c. are meant for the child who has had his Tonsure done during the first year. It is difficult to reconcile the two statements.

It is quoted in Smṛtitattva (II, p. 271), which also says that, these two verses refer to the case of the child who has had his Tonsure performed during the first year; — and in Hāralatā (p. 122), which explains ‘araṇye,’ ‘in forest,’ as meaning in ‘uncultivated ground,’ and ‘Kāṣṭhavat’ as implying that they should not grieve over it; — and in Śuddhimayūkha (p. 6).

Comparative notes by various authors:

(verses 68-69)

Bodhāyana (1.11.4). — (See above.)

Āpastamba (2.15.3-4). — ‘On account of the death of the child that has not completed its first year, the parents alone shall bathe, — and those who bury it.’

Vaśiṣṭha (4.33-34). — ‘On the death of a child less than two years old the impurity of the Sapiṇḍas lasts three days; — Gautama declares that they become pure at once.’

Viṣṇu (22.27-28). — ‘On the death of a child before teething, the impurity ceases at once; there should be no cremation for it, nor any water-offerings.’

Yājñavalkya (31.1). — (See above.)

Āśvalāyana Gṛhyasūtra (4.4.24). — ‘On the death of a child without teeth (impurity lasts three days).’

Pāraskara (3.10.2-7). — ‘When a child that is less than two years in age dies, its parents become impure; the impurity lasts for one or three days. They bury the body without burning it. In this case there are no water-libations.’

VERSE 5.69

Section IX - Other forms of Impurity

नात्रिवर्षस्य कर्तव्या बान्धवैरुदकक्रिया ।
जातदन्तस्य वा कुर्युर्नाम्नि वाऽपि कृते सति ॥६९॥

nātrivarṣasya kartavyā bāndhavairudakakriyā |
jātadantasya vā kuryurnāmni vā'pi kṛte sati ||69||

For the child up to three years of age, the relations shall not make water-offerings; but for one whose teeth had appeared, or whose naming had been done, it may be done optionally. — (69)

Medhātithi’s commentary (manubhāṣya):

‘Like a log of wood;’ — this signifies absence of attachment, indifference.

The morning is that in thin case no Śrāddha, nor any water, is to be offered; the prohibition of ‘water-offering’ implying that of the Śrāddha also, through the relation of whole and part. It is thus that we have to get at the omission of Śrāddha, which is in accordance with usage.

Others explain this to mean the prohibition of burial laid down in other Smṛti -texts. And in this case there would be option.

‘Keep aloof’ — abstain from all religious acts prescribed in the scriptures. — (68)

Explanatory notes by Ganganath Jha:

‘Upto three years of age’; — this prohibition applies till the end of the third year; and not from the fourth year upwards. It is in this sense that some people read an ‘ādi’, the line being read as — ‘trivarṣādeva kartavyā’. Such also is the ordinary usage.

‘For one whose teeth had appeared it may be done optionally.’ — By association with the ‘water-offering’, burning by fire also becomes permitted.

Objection — “When there is option, one may do what he likes; under the circumstances, who would ever have recourse to that alternative which involves much effort and expenditure of wealth? Thus then, the laying down of such a course of action is absolutely useless.”

The answer to this is as follows: — What is mentioned here is for the parents, as distinguished from all other persons; the offerings that are made are for the benefit of the deceased; and bring of the nature of an ‘occasional duty,’ it is one that must be done, as we have explained before. So that the option mentioned in the present verse is dearly understood as containing, on the one hand, the prohibition of a necessary duty; while, on the other, it permits its performance on the ground of its being beneficial to the deceased. So that if one omits the act, it does not involve the transgression of an injunction: while by performing it, one confers a benefit upon the deceased; so that there is no incompatibility between the Injunction and the Prohibition. — (69)

Explanatory notes by Ganganath Jha:

(Verse 70 of other commentators).

This verse is quoted in Aparārka (p. 871) to the effect that in the case of a child (less than three years old) whose Tonsure has not been performed, the water-offerings (which imply also cremation by fire) is optional in a case where the ‘naming’ ceremony has been performed.

It is quoted in Madanapārijāta (p. 384), which adds the following notes: — ‘udakakriyā’ indicates cremation by fire also; if the child had teethed, and had its Tonsure, — then whether it is cremated or not — its parents remain impure for three days.

It is quoted in Nirṇayasindhu (p. 372), which also notes that ‘udaka’ includes cremation also; — and again on p. 374, to the effect that (a) if the child dies before the ‘naming’ ceremony it must be burned, — and (b) if it dies after naming and before it is three years old, it may be either burned or cremated; — in Śuddhimayūkha (p. 6); — and in Hāralatā (p. 122), which draws the following conclusions from these three verses: — ‘In the case of the two-year old child, from the time of its teething onwards, if cremation and the offerings are made, they are helpful to the dead, but if the relations do not do all this, they do not incur any sin; hut if the child has completed its two years, the rites are compulsory, and their omission involves sin’; — ‘nāmni vāpi’ which emphasises the view that it is right to perform the rites even on death occurring after the naming-ceremony, and it is all the more incumbent when the child has teethed. It combats Viśvarūpa’s explanation of ‘atrivarṣa’ as standing for ‘one whose age was over two, and below three years’; as being incompatible with the qualification ‘jātadantasya.’

It is quoted in Smṛtisāroddhāra (p. 215), which adds that ‘udakakriyā’, stands for ‘agnikriyā’, cremation also.

Comparative notes by various authors:

(verses 68-69)

See Comparative notes for Verse 5.68.

VERSE 5.70

Section IX - Other forms of Impurity

सब्रह्मचारिण्येकाहमतीते क्षपणं स्मृतम् ।
जन्मन्येकौदकानां तु त्रिरात्रात्शुद्धिरिष्यते ॥७०॥

sabrahmacāriṇyekāhamatīte kṣapaṇaṃ smṛtam |
janmanyekaudakānāṃ tu trirātrātśuddhiriṣyate ||70||

On the death of a fellow-student, the impurity has been declared to last for one day. In the case of a birth, the purity of the ‘Samānopaka’ relations is held to come after three pays. — (70)

Medhātithi’s commentary (manubhāṣya):

‘Fellow-student’ — professing the same Vedic Rescension.

‘Samānodaka relations;’ — those meant here are to be counted from the point where the ‘Sapiṇḍa-relationship’ censes Among these, when then is a birth, the impurity lasts for three days.

The option of ‘immediate purity’ is also laid down in another Smṛti-text, for ‘Samānodaka’ relations. — (70)

Explanatory notes by Ganganath Jha:

(Verse 71 of other commentators.)

This verse is quoted in Nityācārapradīpa (p. 131); — in Hāralatā (p. 76), which explains ‘ekodaka’ as samānodaka; — and in Śuddhimayūkha (p. 37).

Comparative notes by various authors:

Gautama (14.20). — ‘The impurity lasts for one night together with the preceding and following days, in the case of the death of a fellow-student.’

Baudhāyana (1.11.30). — ‘Let him keep, on account of a pupil, for one who has the same spiritual guide, for a fellow-student, — three days, one day and a night, one day and so forth.’

Āśvalāyana Gṛhyasūtra (4.4.26). — ‘One day after the death of a fellow-pupil.’

Pāraskara Gṛhyasūtra (2.11.8). — ‘If a fellow-pupil has died, then for three days.’

Gobhila Gṛhyasūtra (3.3.24). — ‘Study is interrupted for one day, if a fellow-pupil has died.’

VERSE 5.71

Section IX - Other forms of Impurity

स्त्रीणामसंस्कृतानां तु त्र्यहात्शुध्यन्ति बान्धवाः ।
यथौक्तेनैव कल्पेन शुध्यन्ति तु सनाभयः ॥७१॥

strīṇāmasaṃskṛtānāṃ tu tryahātśudhyanti bāndhavāḥ |
yathauktenaiva kalpena śudhyanti tu sanābhayaḥ ||71||

In the case of women whose sacramentary rite has not been performed, the marital relations become pure after three days; and their paternal relations also become pure according to the rule prescribed before — (71).

Medhātithi’s commentary (manubhāṣya):

‘Whose sacramentary rite has been performed;’ — i.e, those who have been accepted verbally, but have not been actually married; at the death of such women, their‘marital relations’ — on her husband’s side, &c., &c.

‘Their paternal relations’ — on the father’s side — are purified‘according to the rule prescribed before’ — in verse 66; i.e., in three days; this rule being laid down with reference to a particular caste.

Others have explained the second half as referring to the rule that ‘uterine brothers and sisters are purified in ten days’ (the word ‘sanābhi’ being taken to mean ‘uterine’). The view of these persons is as follows: — It has been laid down that a girl should be given away in her eighth year: so that one who has teen given away is not. spoken of as ‘one whose tonsure has teen performed’, — just as the ‘initiated boy’ is not so spoken of; and in as much as no other rule has been laid down, the only right course to adopt is to observe the impurity tor ten days.

Others again have read (the second half) as — ‘ahastvadatta-kanyāsu bālāsu ca vishodhanam’; and people have explained this to mean that, even in the case of a girl that remains unmarried till she is nearly fifteen years old, the impurity shall last for one day only; and this on the ground that there is no justification for rejecting the direct injunction and observing a longer period of impurity.

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