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svajātijānantarajāḥ ṣaṭ sutā dvijadharmiṇaḥ |
śūdrāṇāṃ tu sadharmāṇaḥ sarve'padhvaṃsajāḥ smṛtāḥ ||41||

Six sons born or women of the same caste and of those of the next lower castes partake of the character of ‘twice-born’ persons. But all those born of violation have been declared to be of the nature of Śūdras. — (41)

Medhātithi’s commentary (manubhāṣya):

From ‘twice-born’ persons, sons born of women of the same caste as themselves belong to the same caste; and all these ‘partake of the character of twice-born persons’; — this is the reiteration of a well-known fact And the assertion that sons born of women of the next lower caste also stand on the same footing is made for the purpose of indicating that the same rights and privileges belong to those also.

‘Those born of women of the next lower caste’ — i.e., in the ‘natural order’; of those born to the Brāhmaṇa father and the Kṣatriya or Vaiśya mother, or those born to the Kṣatriya father from the Vaiśya mother.

These ‘partake of the character of twee-born persons’ — i.e., they should have the Initiatory Rite performed for them, and having become initiated, they become entitled to all that pertains to a twice-born person.

“It has been declared under 14 above that ‘they are called by the name of the next lower caste,’ which means that all such sons of the natural older belong to their mother’s caste; so that it would naturally follow that they are entitled to all that pertains to that caste.”

True; but since the passage referred to uses the term ‘name,’ people might have the idea that the sons are only so by name, and not by caste; hence with a view to make the point dear, we have another assertion in the present text, which asserts that ‘the six sons partake of the character of twice-born men.’

Those sons however who are born of ‘violation’ — i.e., of a mixture of the castes — ‘are of the nature of Śūdras,’ — i.e., having the character of the Śūdra, they are entitled to the rights and duties of that caste.

The peculiarity in connection with sons born in the ‘inverse order’ is going to be described later on. The term ‘next lower Caste’ in the present text has been added only for the purpose of indicating that what is said here applies to the sons of the ‘natural order’ only. So that the son born to the Brāhmaṇa from a Vaiśya women, who is one step removed from the ‘next lower caste’ — also becomes included. But, the number being limited to ‘six,’ the son bora to the Brāhmaṇa from the Śūdra woman, — i.e., ‘Pāraśara’ — is not included here. — (41)

Explanatory notes by Ganganath Jha:

‘This verse is quoted in Vyavahāra-Bālambhaṭṭī (p. 570).

Comparative notes by various authors:

(verses 10.6-41)

See Comparative notes for Verse 10.6.

VERSE 10.42

Section III - Status of the Mixed Castes

तपोबीजप्रभावैस्तु ते गच्छन्ति युगे युगे ।
उत्कर्षं चापकर्षं च मनुष्येष्विह जन्मतः ॥४२॥

tapobījaprabhāvaistu te gacchanti yuge yuge |
utkarṣaṃ cāpakarṣaṃ ca manuṣyeṣviha janmataḥ ||42||

By the force of austerities and the seed they attain higher or lower rank among men, through birth, cycle after cycle. — (42)

Medhātithi’s commentary (manubhāṣya):

‘They’ — i.e., the sons born of the next lower castes, — ‘by the force of austerities’ and ‘by the force of seed’; — ‘cycle after cycle,’ — i.e., in each successive birth; — ‘attain higher or lower rank.’

All this is going to be described under verse 64 et. seq. — (42)

Explanatory notes by Ganganath Jha:

‘Yuge yuge’ — ‘In successive births’ (Medhātithi, Nārāyaṇa and Nandana); — ‘in each of the ages of the world’ (Kullūka).

Comparative notes by various authors:

Śukranīti (4.4, 80-81). — ‘Viśvāmitra, Mātaṅga, Vaśiṣṭha, Nārada and others became elevated by special penances, not by birth.’

Yājñavalkya (1.96). — ‘Caste becomes elevated during the fifth or the seventh generation; similarly after five or seven generations one acquires that caste of which he has followed the occupations.’

Gautama (4.22-24). — ‘In the seventh generation, men obtain a change of caste, being either raised to a higher one or degraded to a lower one. The venerable teacher declares that this happens in the fifth generation, and the same rule applies to those born from parents of different castes that are intermediate between two of the castes originally created by Brahmā.’

Āpastamba (2, 11.10-11). — ‘In successive births, men of the lower castes are born in the next higher one, if they have fulfilled their duties. In successive births, men of the higher castes are born in the next lower one, if they have neglected their duties.’

VERSE 10.43

Section III - Status of the Mixed Castes

शनकैस्तु क्रियालोपादिमाः क्षत्रियजातयः ।
वृषलत्वं गता लोके ब्राह्मणादर्शनेन च ॥४३॥

śanakaistu kriyālopādimāḥ kṣatriyajātayaḥ |
vṛṣalatvaṃ gatā loke brāhmaṇādarśanena ca ||43||

But by the omission of the sacred rites, and also by their neglect of Brāhmaṇas, the following Kṣatriya castes have gradually sunk to the position of the low-born. — (43)

Medhātithi’s commentary (manubhāṣya):

Now follow the details regarding ‘the omission of one’s duties’ spoken of above.

‘Omission of sacred rites’ — This includes the rites that are done for the person, such as Initiation and the rest, as also those that he does himself, such as the Agnihotra, the Twilight Prayers and so forth. And the ‘omission’ of these is the non-performance of both these sets of rites. Thus one loses his caste not only by the omission of the Initiatory Rite, but also by the neglecting of those that have been enjoined as to be done after the Initiation.

This is what is meant by ‘gradually — which means that the continued neglect of the rites reduces successive generations to the position of the Śūdra; and this does not refer to the new-born child, who loses his title only by the omission of his Initiation.

It is not that the man’s caste becomes lost; all that happens is that he becomes liable to be called by such castes-names as the ‘Bhṛjjakaṇṭaka’ and the rest.

‘By the neglect of Brāhmaṇas,’ — i.e., by transgressing the injunctions pertaining to Brāhmaṇas. Or it may refer to not consulting the Council of Brāhmaṇas in doubtful matters arising out of the scriptures, in regard to expiatory rites and other cognate matters. — (43)

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtattva II (p. 268) to the effect that even in in modern times Kṣatriyas can become degraded to śūdrahood.

Comparative notes by various authors:

(verses 10.43-44)

Mahabharata (13.33.21-22; 13.35.17-18). — ‘Śākas, Yavanas, Kāmbojas and other Kṣatriya castes became degraded by not seeing the Brāhmaṇas. Drāviḍas, Kaliṅgas, Pulindas, Uśīnaras, Kolisarpas and Māhiṣakas and other Kṣatriya castes became degraded by not seeing the Brāhmaṇas. Kirātas, Yavanas and other Kṣatriya castes became degraded because they would not bear with the Brāhmaṇas.’

Śukranīti (4.4.74). — ‘The Yavanas have all the four castes mixed together; they recognise authority other than the Vedas and live in the North and West. Their Śāstras have been framed for their welfare by their own teachers.’

VERSE 10.44

Section III - Status of the Mixed Castes

पौण्ड्रकाश्चौड्रद्रविडाः काम्बोजा यवनाः शकाः ।
पारदापह्लवाश्चीनाः किराता दरदाः खशाः ॥४४॥

pauṇḍrakāścauḍradraviḍāḥ kāmbojā yavanāḥ śakāḥ |
pāradāpahlavāścīnāḥ kirātā daradāḥ khaśāḥ ||44||

The Puṇḍrakas, the Coḍas, the Draviḍas, the Kāmbojas, the Yavanas, the Śākas, the Pāradas, the Pahlavas, the Cīnas, the Kirātas, the Daradas and the Khaśas. — (44)

Medhātithi’s commentary (manubhāṣya):

‘Puṇḍra’ — and the rest originally stood as names of countries; but in the present context they have been used according to the theory that ‘these names really denote the particular Kṣatriya castes, and are only indirectly applied to countries inhabited by them.’

Pāṇini 4.2.69 lays down the adding of the ‘aṇ’ affix in the sense of habitation, and Sūtra 4.2.81 lays down the elimination of this affix; it is in accordance with this that we have the form ‘Puṇḍra’ (which is formed of the term ‘puṇḍra’ with the ‘aṇ’ affix); — and the elimination is not according to Pāṇini 1.2.54.

The assertion that these people have become ‘low-born’ is based upon the fact that in these countries we do not meet with any dear division of the ‘four castes.’

If however these terms be tried to be used irrespectively of the names of countries, then they should be taken as the names of so many castes.

Some people might be led to think that all these races here named are found to be described as Kṣatriyas, so that they must be Kṣatriyas still. And it is with a view to preclude this idea that it is asserted that these are low-born.

All the people here spoken of form the races inhabiting the borders of Āryāvarta, — such races for instance, as the Kirāta, the ‘Vena’, the ‘Darada’ and so forth; and it is with reference to this that we have the declaration that ‘one should not go to the borders’ (Bṛhadāraṇyaka Upaniṣad, 1.3.10). — (44)

Comparative notes by various authors:

(verses 10.43-44)

See Comparative notes for Verse 10.43.

VERSE 10.45

Section III - Status of the Mixed Castes

मुखबाहूरुपद्जानां या लोके जातयो बहिः ।
म्लेच्छवाचश्चार्यवाचः सर्वे ते दस्यवः स्मृताः ॥४५॥

mukhabāhūrupadjānāṃ yā loke jātayo bahiḥ |
mleccavācaścāryavācaḥ sarve te dasyavaḥ smṛtāḥ ||45||

All those races of the world which are outside the pale of the people ‘born of the mouth, the arms, the thighs and the feet,’ — speaking the ‘barbaric’ or the ‘refined’ language — are called ‘Dasyu.’ — (45)

Medhātithi’s commentary (manubhāṣya):

That language is called ‘mlecchaa,’ ‘barbaric,’ which consists of words that either have no meaning, or have a wrong meaning, or are wrong in form. To this class belong the languages of such low-born tribes as the Śabara, the Kirāta, and so forth.

‘Refined language’ is the language of the inhabitants of Āryāvarta.

These persons, being other than those named as the ‘four castes,’ are called ‘Dasyu.’

The meaning is that neither habitation nor barbaric speech is a ground for regarding a caste as ‘mixed’; it is the fact of people being known by the particular names that makes them to be so regarded. It is thus that they come to be called ‘Dasyu.’ — (45)

Explanatory notes by Ganganath Jha:

‘Vaidehikāt’ — ‘From a Vaidehika father, by women of the Kārāvara and Niṣāda castes (Medhātithi and Kullūka); — by women of the Vaideha caste’ (Govindarāja).

VERSE 10.46 [Occupations of the Mixed Castes]

Section IV - Occupations of the Mixed Castes

ये द्विजानामपसदा ये चापध्वंसजाः स्मृताः ।
ते निन्दितैर्वर्तयेयुर्द्विजानामेव कर्मभिः ॥४६॥

ye dvijānāmapasadā ye cāpadhvaṃsajāḥ smṛtāḥ |
te ninditairvartayeyurdvijānāmeva karmabhiḥ ||46||

The base-born sons of the ‘twice-born,’ as also those who have been declared to be ‘born of transgression,’ shall subsist by lowly services of ‘twice-born’ persons. — (46)

Medhātithi’s commentary (manubhāṣya):

‘Base-born’ — in the natural as well as the inverse order. ‘Born of transgression,’ — the distinction between these and the former is like that between the ‘go’ (General term) and the ‘balīvarda’ (Particular term).

‘Services’ — menial duties — for the benefit of ‘twice-born’ persons.

‘Subsist’ — maintain themselves.

‘Lowly’ — because of their menial character. — These are going to be described. — (46)

Comparative notes by various authors:

Mahābhārata (13.48.32). — (Same as Manu 50.)

Viṣṇu (16.8-13). — ‘Āyogavas should live by artistic performances; — Pukkasas, by hunting; — Māgadhas, by proclaiming the good qualities; — Caṇḍālas, by executing criminals sentenced to death; — Vāidehakas, by keeping women and profiting by what they earn; — Sūtas, by training horses.’

Śaṅkha (Aparārka, p. 119). — ‘The livelihood of the Rathakāra consists of training horses, driving chariots, masonry and the teaching of the science of Architecture.’

VERSE 10.47

Section IV - Occupations of the Mixed Castes

सूतानामश्वसारथ्यमम्बष्ठानां चिकित्सनम् ।
वैदेहकानां स्त्रीकार्यं मागधानां वणिक्पथः ॥४७॥

sūtānāmaśvasārathyamambaṣṭhānāṃ cikitsanam |
vaidehakānāṃ strīkāryaṃ māgadhānāṃ vaṇikpathaḥ ||47||

For Sūtas, the management of horses and chariots; for Ambaṣṭhas, the art of healing; for Vaidehakas, the service of women; and for Māgadhas, trade. — (47)

Medhātithi’s commentary (manubhāṣya):

‘Service of women’ — Keeping guard over the inner apartments and so forth.

‘Trade’ — by land and by water. — (47)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 119).

Comparative notes by various authors:

See Comparative notes for Verse 10.46.

VERSE 10.48

Section IV - Occupations of the Mixed Castes

मत्स्यघातो निषादानां त्वष्टिस्त्वायोगवस्य च ।
मेदान्ध्रचुञ्चुमद्गूनामारण्यपशुहिंसनम् ॥४८॥

matsyaghāto niṣādānāṃ tvaṣṭistvāyogavasya ca |
medāndhracuñcumadgūnāmāraṇyapaśuhiṃsanam ||48||

For Niṣādas, the killing of fish; for Āyogavas, carpentry; and for medas, andhras, Cuñcus and Madgus, the killing of wild animals. — (48)

Medhātithi’s commentary (manubhāṣya):

‘Carpentry’ — Wood-cutting and other works of the carpenter. — (48)

Explanatory notes by Ganganath Jha:

“Govindarāja quotes a verse of Yama according to which the Cūcuka is the son of a Vaiśya by a Kṣatriya female and the Madgu the offspring of a Śūdra and a Kṣatriya” — Buhler.

This verse is quoted in the Aparārka (p. 119.)

Comparative notes by various authors:

See Comparative notes for Verse 10.46.

VERSE 10.49

Section IV - Occupations of the Mixed Castes

क्षत्त्र्युग्रपुक्कसानां तु बिलौकोवधबन्धनम् ।
धिग्वणानां चर्मकार्यं वेणानां भाण्डवादनम् ॥४९॥

kṣattryugrapukkasānāṃ tu bilaukovadhabandhanam |
dhigvaṇānāṃ carmakāryaṃ veṇānāṃ bhāṇḍavādanam ||49||

For Kṣattṛs, Ugras and Pukkasas, the killing and catching of animals living underground; for Dhigvaṇas, work in leather; and for Veṇas the beating of drums. — (49)

Medhātithi’s commentary (manubhāṣya):

‘Animals living underground’ — Snakes, mangoose, the ‘gargara’ — fish, and so forth; — ‘the killing and catch ing’ of these is the livelihood of the Kṣattṛ and the rest.

‘Working in leather’; — the sewing of armour and other things, shoe-making and so forth.

‘Beating of drums’ — such as the Muraja, the Ārdhamuraja and the rest.

Comparative notes by various authors:

See Comparative notes for Verse 10.46.

VERSE 10.50 [Habitation and Dress of the Mixed Castes]

Section V - Habitation and Dress of the Mixed Castes

चैत्यद्रुमश्मशानेषु शैलेषूपवनेषु च ।
वसेयुरेते विज्ञाता वर्तयन्तः स्वकर्मभिः ॥५०॥

caityadrumaśmaśāneṣu śaileṣūpavaneṣu ca |
vaseyurete vijñātā vartayantaḥ svakarmabhiḥ ||50||

Near worshipped trees and cremation-grounds, on hills and in groves, these shall dwell, duly marked, subsisting by their respective occupations. — (50)

Medhātithi’s commentary (manubhāṣya):

They shall dwell outside the village; in hilly tracts and other such places.

‘Duly marked’ — Bearing their distinctive caste-mark. They shall subsist by the particular occupation prescribed for each. That is, mixed castes should not take to the occupations of the superior castes. — (50)

Comparative notes by various authors:

See Comparative notes for Verse 10.46.

VERSE 10.51

Section V - Habitation and Dress of the Mixed Castes

चण्डालश्वपचानां तु बहिर्ग्रामात् प्रतिश्रयः ।
अपपात्राश्च कर्तव्या धनमेषां श्वगर्दभम् ॥५१॥

caṇḍālaśvapacānāṃ tu bahirgrāmāt pratiśrayaḥ |
apapātrāśca kartavyā dhanameṣāṃ śvagardabham ||51||

The dwelling of Caṇḍālas and Śvapacas shall be outside the village; they shall be made ‘Apapātra,’ and their wealth shall consist of dogs and donkeys. — (51)

Medhātithi’s commentary (manubhāṣya):

‘Dwelling’ — living place; this should be far removed from the village.

‘Apapātra,’ — (a) Kept aloof; the vessels in which they have eaten shall not be cleaned for further use; they shall be thrown away; with the exception of gold and silver vessels, in connection with which special methods of cleaning have been prescribed.

(b) Or, the term ‘Apapātra’ may mean that when cooked rice, fried flour or some such food is given to them, they shall not be given in vessels that are in contact with their body; the food shall be given into the vessel lying on the ground, or held in the hand by some one else, and when the vessel thus filled has been placed on the ground, it shall be taken away by them.

(c) Or again, ‘Apapātra’ may mean broken vessel; as it is going to be asserted (in the next verse) that ‘they shall eat in broken dishes.’

‘Their wealth shall consist of dogs and donkeys’ — They shall not receive cows or horses, or gold and silver, as their wealth. — (51)

Comparative notes by various authors:

(verses 10.51-56)

Mahābhārata (13.48.82). — ‘They shall betake themselves to road-crossings, crematoriums, hills and trees; and shall wear iron-ornaments.’

Viṣṇu (16.11, 14). — ‘Chaṇḍālas should live by executing criminals sentenced to death. Caṇḍālas should live out of the town and their clothes should consist of the mantles of the deceased.’

VERSE 10.52

Section V - Habitation and Dress of the Mixed Castes

वासांसि मृतचैलानि भिन्नभाण्डेषु भोजनम् ।
कार्ष्णायसमलङ्कारः परिव्रज्या च नित्यशः ॥५२॥

vāsāṃsi mṛtacailāni bhinnabhāṇḍeṣu bhojanam |
kārṣṇāyasamalaṅkāraḥ parivrajyā ca nityaśaḥ ||52||

The clothes of dead bodies shall be their dress; they shall eat in broken dishes; their ornaments shall be of iron, and they shall be constantly wandering. — (52)

Medhātithi’s commentary (manubhāṣya):

They shall be always wandering; not remaining at any one place. — (52)

VERSE 10.53

Section V - Habitation and Dress of the Mixed Castes

न तैः समयमन्विच्छेत् पुरुषो धर्ममाचरन् ।
व्यवहारो मिथस्तेषां विवाहः सदृशैः सह ॥५३॥

na taiḥ samayamanvicchet puruṣo dharmamācaran |
vyavahāro mithasteṣāṃ vivāhaḥ sadṛśaiḥ saha ||53||

One who follows the law shall not seek intercourse with them; their transactions shall be among themselves and their marriages with their equals. — (53)

Medhātithi’s commentary (manubhāṣya):

‘Intercourse’ — ‘agreement,’ ‘co-operation,’ ‘association’ are all synonymous. The meaning is that one should not stand or sit or walk about in their company.

‘Marriage’ — taking of wife, and such other acts, should also be done by them among equals only. — (53)

VERSE 10.54 [Other Functions of the Mixed Castes]

Section VI - Other Functions of the Mixed Castes

अन्नमेषां पराधीनं देयं स्याद् भिन्नभाजने ।
रात्रौ न विचरेयुस्ते ग्रामेषु नगरेषु च ॥५४॥

annameṣāṃ parādhīnaṃ deyaṃ syād bhinnabhājane |
rātrau na vicareyuste grāmeṣu nagareṣu ca ||54||

Their food should be given to them, through others, and in a broken dish; they shall not wander about in villages or cities during the night. — (54)

Medhātithi’s commentary (manubhāṣya):

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