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‘Histrionic art’ — acting, dancing and singing. — (65)

Explanatory notes by Ganganath Jha:

This verse is quoted in Smṛtitattva (p. 538); — and in Prāyaścittaviveka (p. 192), which has the following notes — ‘anāhitāgnitā’, omitting to kindle the fires by Śrauta or Smārta rites, when one has the capacity to lay them, — ‘steyam,’ appropriating of articles other than gold, slaves, horses, silver, land and deposits, — ‘ṛṇānām anapakriyā,’ the non-payment of debts due to Gods, Ṛsis (Ṛṣis) and Piṭṛs, — ‘asacchāstrādhigamanam,’ the study of heterodox literature. — ‘Kauśīlavasya krīyā,’ constant addiction to dancing, singing and music.

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

VERSE 11.66

Section VI - Offences: their Classification

धान्यकुप्यपशुस्तेयं मद्यपस्त्रीनिषेवणम् ।
स्त्रीशूद्रविट्क्षत्रवधो नास्तिक्यं चोपपातकम् ॥६६॥

dhānyakupyapaśusteyaṃ madyapastrīniṣevaṇam |
strīśūdraviṭkṣatravadho nāstikyaṃ copapātakam ||66||

Stealing grain, base metals and cattle, — intercourse with women addicted to drinking wine, — killing women, Śūdras, Vaiśyas and Kṣatriyas, — and heresy, — everyone of these is a ‘minor offence.’ — (66)

Medhātithi’s commentary (manubhāṣya):

‘Grains’ — stands for the seventeen things, ending with ‘hemps.’

‘Base Metals’ — Pans and pots made of iron, copper, eta “‘Stealth’ in general has been already mentioned in the preceding verse.”

This objection has been already answered by as (under 62). Or, ‘stealing’ here may be taken as standing for what is taken on loan but not repaid, or what is taken fraudulently, — and not for what is ordinarily known as ‘stealing.’

‘Addicted to drinking wine’; — the Brāhmaṇa’s intercourse, — i.e., lying with, or actual congress with Kṣatriya and Vaiśya women.

‘Killing of women’ — of the Brāhmaṇa woman also.

‘Heresy’ — the holding of such opinions as ‘there is no heaven, — there is no virtue in charity’ and so forth. — (66)

Explanatory notes by Ganganath Jha:

This verse is quoted in Prāyaścittaviveka (p. 192), which has the following notes — ‘Kupya,’ articles of copper and so forth, — and the Brāhmaṇa serving a drunkard man or woman.

Comparative notes by various authors:

(verses 11.58-66)

See Comparative notes for Verse 11.58.

VERSE 11.67

Section VI - Offences: their Classification

ब्राह्मणस्य रुजः कृत्वा घ्रातिरघ्रेयमद्ययोः ।
जैह्म्यं च मैथुनं पुंसि जातिभ्रंशकरं स्मृतम् ॥६७॥

brāhmaṇasya rujaḥ kṛtvā ghrātiraghreyamadyayoḥ |
jaihmyaṃ ca maithunaṃ puṃsi jātibhraṃśakaraṃ smṛtam ||67||

Causing pain to a Brāhmaṇa, — smelling at things that should not be smelt, or at wine, — cheating — and sexual intercourse with a man, — all this is declared to lead to loss of caste. — (66)

Medhātithi’s commentary (manubhāṣya):

‘Causing pain.’ — Inflicting physical suffering with a stick or with the hand.

“What is it that should not be smelt? There is no prohibition of the smelling of anything, as there is of eating.

Nor does it follow that what should not he eaten is also what should not be smelt. Because butter and other things got together for sacrificial performance are what should not he eaten, — and yet these are not held to be what should not be smelt.” Our answer to this is as follows. — Such things as garlic, onion, human excreta and the like, on account of their foul smell, cause pain to the olfactory organ; and it is these things that are meant; and since ‘wine’ is also mentioned in this context, those tilings also are meant to be included the eating whereof has been forbidden. But rotten wood and such things are not meant

‘Cheating’ — dishonesty; an unclean heart; saying one thing, doing another and thinking of a third. — (67)

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.242); — in Madanapārijāta (p. 924); — in Nṛsiṃhaprasāda (Prāyascitta 30a); — and in Prāyaścittaviveka (p. 42 and 464), which explains ‘rujaḥ kṛtyā’ as ‘causing pain,’ — ‘aghreya’ as garlic and the like, — ‘jaihmyam’ as dishonest dealings with friends, — ‘Maithunam puṃsi,’ as ‘vulgarity.’

Comparative notes by various authors:

Viṣṇu (38.1-6). — ‘Causing pain to a Brāhmaṇa, smelling at things that should not he smelt, or at wine, dishonest dealing, — sexual intercourse with cattle, or with a man, or unnatural connection with a woman, — these are crimes leading to loss of caste.’

Baudhāyana (2.2.1-8, 12). — ‘The following offences cause loss of caste: sea-voyage, stealing a Brāhmaṇa’s property or a deposit, giving false evidence regarding land, trading with merchandise of any description, serving Śūdras, begetting a son on a Śūdra woman, and thereby becoming her son. The following: minor offences cause loss of caste — intercourse with females who should not be approached, etc., etc. (sec under 58-66).’

VERSE 11.68

Section VI - Offences: their Classification

खराश्वोष्ट्रमृगैभानामजाविकवधस्तथा ।
सङ्करीकरणं ज्ञेयं मीनाहिमहिषस्य च ॥६८॥

kharāśvoṣṭramṛgaibhānāmajāvikavadhastathā |
saṅkarīkaraṇaṃ jñeyaṃ mīnāhimahiṣasya ca ||68||

The killing of an ass, of a horse, of a camel, of a deer, of an elephant, of a goat, of a sheep, of fish, of a snake, and of a buffalo should be regarded as degrading the man to the rank of a ‘mixed caste.’ — (68)

Medhātithi’s commentary (manubhāṣya):

‘Deer’ — stands for such wilder varieties as the ‘Ruru’ the ‘Pṛṣata’ and the like.

‘Ibha’ — is elephant. Though the elephant also is a kind of ‘mṛga,’ yet it has been mentioned separately as being, among tame animals.

‘Mīna’ — fish.

‘Ahi’ — snake. — (68)

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.242); — in Madanapārijāta (p. 924); — in Nṛsiṃhaprasāda (Prāyaścitta 30a); — and i n Prāyaścittaviveka (p. 42 and 465).

Comparative notes by various authors:

Viṣṇu (39.1), — ‘Killing of domestic or wild animals is a crime degrading to a mixed caste.’

VERSE 11.69

Section VI - Offences: their Classification

निन्दितेभ्यो धनादानं वाणिज्यं शूद्रसेवनम् ।
अपात्रीकरणं ज्ञेयमसत्यस्य च भाषणम् ॥६९॥

ninditebhyo dhanādānaṃ vāṇijyaṃ śūdrasevanam |
apātrīkaraṇaṃ jñeyamasatyasya ca bhāṣaṇam ||69||

Accepting gifts from despicable persons, trading, serving Śūdras and the telling of a lie should be regarded as rendering one unworthy of receiving gifts. — (69)

Medhātithi’s commentary (manubhāṣya):

‘Despicable’; — those from whom gifts should not be received, — such as Śūdras and sinners; the frequent acceptance of gifts from such men; a single acceptance is not forbidden. — (69)

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.242) in Madanapārijāta (p. 924); — in Nṛsiṃhaprasāda (Prāyaścitta 30a); — and in Prāyaścittaviveka (pp. 42, 403, 424 and 465.)

Comparative notes by various authors:

Viṣṇu (40.1). — ‘Receiving anything from a despicable person, trading, subsisting by money-lending, telling lies, and serving a Śūdra — are crimes rendering one unworthy to receive alms.’

Baudhāyana (2.2.6). — ‘Serving Śūdras (involves loss of caste).’

VERSE 11.70

Section VI - Offences: their Classification

कृमिकीटवयोहत्या मद्यानुगतभोजनम् ।
फलेधः।कुसुमस्तेयमधैर्यं च मलावहम् ॥७०॥

kṛmikīṭavayohatyā madyānugatabhojanam |
phaledhaḥ |kusumasteyamadhairyaṃ ca malāvaham ||70||

The killing of insects, worms and birds, — the eating of things touched by wine, — the stealing of fruits, fuel or flowers — and inconstancy — are conducive to impurity. — (76)

Medhātithi’s commentary (manubhāṣya):

‘Insects’ — small beings living underground.

‘Worms’ — the same, with better-formed bodies, winged as well as unwinged; e.g., flies, locusts and so forth.

‘Birds’ — winged animals; e.g., the parrot, the ‘Sārikā’ and so forth.

‘Touched by wine’ — that which has been in contact with wine and has imbibed its flavour.

‘Inconstancy’ — want of firmness of mind; being perturbed on the slightest occasion. — (70)

Explanatory notes by Ganganath Jha:

This verse is quoted in Aparārka (p. 1129), which adds that this refers to such ‘insects’ as have no bones; — in Mitākṣarā (3.242); — in Madanapārijāta (p. 924); — in Nṛsiṃhaprasāda (Prāyaścitta 30a); — and in Prāyaścittaviveka (pp. 42, 238 and 465), which explains ‘madyānugatabhojanam’ as ‘such fruits and roots and other things as are brought up at the time of drinking wine’, — and ‘adhairyam,’ as ‘being too much perturbed at even a very slight loss.’

Comparative notes by various authors:

Baudhāyana (2.2.15, 16). — ‘The following offences make men impure: — gambling, performing incantations, subsisting on corn-gleaning while not performing Agnihotra, subsisting on alms after studentship, living at the teacher’s house longer than four months after finishing study and teaching a person like the last, making a living by astrology and so forth.’

Āpastamba (1.21.12-18). — ‘Now follows the enumeration of offences that make men impure: cohabitation of Ārya women with Śūdras, eating forbidden flesh, as of a dog, a man, etc., eating human excreta, eating a Śūdra’s leavings, and the cohabitation of Āryas with apapātra women; — some people declare that these also cause loss of caste.’

Viṣṇu (41.1-4). — ‘Killing birds, amphibious animals, and aquatic animals, and worms or insects, eating herbs resembling intoxicants, — such are the crimes causing defilement.’

VERSE 11.71 [Special Expiation for Special Offences: (a) For Killing a Brāhmaṇa]

Section VII - Special Expiation for Special Offences: (a) For Killing a Brāhmaṇa

एतान्येनांसि सर्वाणि यथोक्तानि पृथक् पृथक् ।
यैर्यैर्व्रतैरपोह्यन्ते तानि सम्यग् निबोधत ॥७१॥

etānyenāṃsi sarvāṇi yathoktāni pṛthak pṛthak |
yairyairvratairapohyante tāni samyag nibodhata ||71||

Learn properly now those penances b y which all these offences, severally described, become expiated. — (71)

Medhātithi’s commentary (manubhāṣya):

The occasions for expiation have been described. Each of them has been given a distinct name for the purpose of pointing out the expiatory rite suitable to each.

This verse puts in brief what is going to be expounded. — (71)

Comparative notes by various authors:

Gautama (22.1). — ‘Now follows the description of the penances.’

Bodhāyana (2.1.1). — ‘Now the penances.’

VERSE 11.72

Section VII - Special Expiation for Special Offences: (a) For Killing a Brāhmaṇa

ब्रह्महा द्वादश समाः कुटीं कृत्वा वने वसेत् ।
भैक्षाश्यात्मविशुद्ध्यर्थं कृत्वा शवशिरो ध्वजम् ॥७२॥

brahmahā dvādaśa samāḥ kuṭīṃ kṛtvā vane vaset |
bhaikṣāśyātmaviśuddhyarthaṃ kṛtvā śavaśiro dhvajam ||72||

The Brāhmaṇa-slayer shall, for his purification, build a hut in the forest, live there for twelve years, subsisting on alms; making for himself a flag consisting of the head of the dead man. — (72)

Medhātithi’s commentary (manubhāṣya):

‘Hut’ — a house built of grass and leaves, capable of resisting rain, heat and cold.

‘Samāḥ’ — years.

‘Subsisting on alms.’ — Another Smṛti text lays down that these alms shall be obtained from twelve houses, not in close proximity to one another.

‘The head of the dead man’ — Either the head of the man killed by him, or a wooden or some other image of the head, shall be held aloft Such is the explanation given by some people.

But men knowing the right meaning of words do not accept this explanation as this is not what is meant by the term ‘śavaśiraḥ.’

Other rules to be observed by the man are going to be described under 78. — (72)

Explanatory notes by Ganganath Jha:

The first half of this verse is quoted in Parāśaramādhava (Prāyaścitta, p. 399).

It is quoted in Madanapārijāta (p. 787); — in Aparārka (p. 1053), to the effect that the man should place a human skull on the top of a flag; — in Mitākṣarā (3.243), which explains the first half as prescribing living in the forest and the phrase ‘kṛtvā śavaśirodhvajam’ as meaning that the man shall carry a staff placing at its top the skull of the man murdered by him; — in Śuddhikaumdī (p. 241), which says that the year meant here is the ‘sāvana’ one’; — and in Prāyaścittaviveka (p. 62 and 522), which says that he is to have recourse to ‘begging alms’ only when wild growing fruits are not available.

Comparative notes by various authors:

(verses 11.72-86)

Gautama (22.2-6). — ‘He who has intentionally slain a Brāhmaṇa shall emaciate himself and thrice throw himself into the fire; — or he may become in battle the target for armed men; — 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. If he meets an Ārya, he shall step out of the road. Standing by day and sitting at night, and bathing in the morning, at noon and in the evening, he may be purified after twelve years, — or by saving the life of a Brāhmaṇa; or if he is thrice vanquished in trying to recover the property of a Brāhmaṇa stolen by robbers, or by bathing with the priests at the end of the Āśvamedha sacrifice; — or at the end of any other sacrifice, provided that an Agniṣṭut forms part of it. The same penance should be performed even if he has attempted the life of a Brāhmaṇa, but failed to kill him; likewise if he has killed a Brāhmaṇa woman who had bathed after her monthly course.’

Baudhāyana (2.1.2-6). — ‘The murderer of a learned Brāhmaṇa shall practise the following penance during twelve years: — Carrying a skull and the foot of a bedstead, dressed in ass skin, staying in the forest; making a skull his flag, he shall cause a hut to be built in the cremation ground and reside there; going to seven houses to heg food, while proclaiming his deed, he shall support life with whatever he gets and shall fast if he obtains nothing. Or he may offer an Āśvamedha, a Gosava or an Agniṣṭut; or he may bathe with the priests on the completion of the Āśvamedha. They also quote the following: — “He who unintentionally kills a Brāhmaṇa becomes sinful according to law; the sages declare that he may be purified if he did it unintentionally. But no expiation is possible for a wilful murderer.”

Āpastamba (1.24.11-22). — ‘The Brāhmaṇa-slayer shall erect a hut in the forest, restrain his speech, carry the skull like the flag and cover his body from his navel to his knees with a quarter of a hempen cloth. The path for him when he goes to the village is the space between the tracks; and if he sees another Ārya, he shall step out of the road He shall go to the village carrying a broken dish of metal of inferior quality. He may go to seven houses only, crying — “Who will give alms to the accursed?” That is how he should gain his livelihood. If he does not obtain anything, he must fast. Whilst performing this penance, he should tend cows. After having performed this penance for twelve years, he must perform that customary ceremony which may gain for him re-admission into society. Or, he may build a hut on the path of robbers and live there, trying to recover from them the cows of Brāhmaṇas; and he becomes free from his sin after he has been worsted by them thrice, or after he has vanquished them.’

Do. (1.25.11). — ‘A non-Brāhmaṇa who has killed a Brāhmaṇa shall go to the battle-field and place himself between the two hostile armies; there they shall kill him.’

Do. (1.28.21 and 1.29.1). — ‘He who has killed a learned Brāhmaṇa shall put on ass’ skin or dog’s skin with the hair turned outside and take up a human skull as his drinking vessel; and he shall take the foot of a bedstead instead of a staff, and proclaiming his deed, he shall go about saying — “Who gives alms to the murderer of a Bhrūṇa?” Obtaining thus his livelihood, he shall dwell in an empty house, or under a tree, — having no intercourse with Āryas. Thus shall he live until his last breath. After death his sin is taken off.’

Viṣṇu (35.6). — ‘Those who have committed a “Mahāpātaka” are purified by Āśvamedha and by visiting all Tīrthas.’

Do. (50.1-6, 15). — ‘The man should make a hut of leaves in a forest and live in it; he shall bathe three times a day: he shall collect alms, going from one village to another, and proclaiming his own deed; he shall sleep on the grass; this is called the Mahāvrata. He who has killed a Brāhmaṇa must perform this for twelve years. One who is performing this penance should carry the skull of the person slain, as his flag.’

Yājñavalkya (3.243-250). — ‘One who has killed a Brāhmaṇa shall carry a skull and a flag, shall live on alms, eating very little and proclaiming his deed; living thus for twelve years he attains purity. Or he may attain purity by saving the life of a Brāhmaṇa, or that of twelve cows; as also by joining in the final bath of the Āśvamedha sacrifice. The Brāhmaṇa-slayer may also become purified if he relieves the pain of a long-suffering Brāhmaṇa, or relieves from danger a cow on the road. If robbers have taken away a Brāhmaṇa’s entire property and the Brāhmaṇa slayer recovers it from them, or if he is himself killed in the attempt, or if he is even wounded in the attempt, he becomes purified. Or he may offer his body into the fire beginning with the hairs and ending with the marrow, indue order. Or he may attain purity by becoming killed in battle; — he is purified even if he is mortally wounded but does not die. Or he is purified by reciting the Vedic text thrice; eating very little and going along the Sarasvatī river from its mouth towards its source. Or he may attain purity by giving to a proper person a large amount of wealth to his satisfaction.’

Vaśiṣṭha (20.25-28). — ‘The slayer of a Brāhmaṇa shall kindle a fire and offer therein to Death the following eight oblations consisting of portions of his own body — (l) hair, (2) skin, (3) blood, (4) flesh, (5) sinews (6) fat, (7) bones, (8) marrow; (with appropriate mantras). Or he shall fight for the sake of the King, or for the sake of Brāhmaṇas, and die in battle facing the foe. It is declared in the Veda that “a murderer who remains thrice unvanquished, or is thrice defeated in battle, becomes pure.’”

Parāśara (8.42). — (Same as Manu, 80.)

Mahābhārata (12.335.4-11). — ‘He shall eat only once, begging alms and performing his duties; taking a begging bowl in his band, moving on wooden sandals, celebate and ever alert; free from jealousy, sleeping on the ground, proclaiming bis deed among people; living thus for twelve years, the Brāhmaṇa-slayer becomes absolved (then follow Manu’s verses 74, 76, 77).

(See Manu above, 9.317, and 1.93-95; and below 12.112 in connection with 11.85 and 86.)

VERSE 11.73

Section VII - Special Expiation for Special Offences: (a) For Killing a Brāhmaṇa

लक्ष्यं शस्त्रभृतां वा स्याद् विदुषामिच्छयाऽत्मनः ।
प्रास्येदात्मानमग्नौ वा समिद्धे त्रिरवाक्षिराः ॥७३॥

lakṣyaṃ śastrabhṛtāṃ vā syād viduṣāmicchayā'tmanaḥ |
prāsyedātmānamagnau vā samiddhe triravākṣirāḥ ||73||

Or, by his own will, he should become the target of armed men cognisant (of his purpose); or he may thrice throw himself headlong into blazing fire. — (73)

Medhātithi’s commentary (manubhāṣya):

He should offer himself as the target, when archers are practising. Or, ho may invite, in battle, the strokes of the weapons of the armed men.

‘By his own will.’ — This shows that if he happens to go to the place and he struck dead only by chance, — this would not purify him.

‘Cognisant’ — who knows that the man is exposing himself as an expiation. Or, it may mean that, they should be well-versed in the Science of Archery.

‘He may throw himself into fire, thrice.’ — Rising, he should throw himself again and again, three times. — (73)

Explanatory notes by Ganganath Jha:

“According to the Bhaviṣya Purāṇa, which Kullūka and Rāghavānanda quote, these two penances and that mentioned in the next verse are to be performed by a Kṣatriya who slew a Brāhmaṇa, — those ending in death by an offender who, himself destitute of good qualities, killed a learned Śrotriya, and the lighter ones by an eminent king who unintentionally caused the death of a worthless Brāhmaṇa.” (Buhler).

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 405), which adds that the various alternatives here laid down are to be understood to vary with such circumstances of each case as that of the act being intentional or otherwise, the person killed being learned or ignorant and so forth; — in Aparārka (p. 1060), which explains ‘viduṣām’ as ‘persons prescribing the expiation for him’; and adds that in the absence of such persons he should voluntarily make himself the target of persons who may be engaged in fighting.

It is quoted in Mitākṣarā (3.244) as indicating that there is freedom of choice for the man who has committed the offence; — again under 2.247, where the meaning is explained as the man should throw himself into the fire by plunging into it headlong three times.

Comparative notes by various authors:

(verses 11.72-86)

See Comparative notes for Verse 11.72.

VERSE 11.74

Section VII - Special Expiation for Special Offences: (a) For Killing a Brāhmaṇa

यजेत वाऽश्वमेधेन स्वर्जिता गोसवेन वा ।
अभिजिद्विश्वजिद्भ्यां वा त्रिवृताऽग्निष्टुताऽपि वा ॥७४॥

yajeta vā'śvamedhena svarjitā gosavena vā |
abhijidviśvajidbhyāṃ vā trivṛtā'gniṣṭutā'pi vā ||74||

Or, he may offer the Aśvamedha, or the Svajit — the Gosava, or the Abhijit — Viśvajit, or the triple Agniṣṭut. — (74)

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