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Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

VERSE 11.110

Section XI - Expiation of “Minor Offences”: Cow-killing (goghna)

दिवाऽनुगच्छेद् गास्तास्तु तिष्ठन्नूर्ध्वं रजः पिबेत् ।
शुश्रूषित्वा नमस्कृत्य रात्रौ वीरासनं वसेत् ॥११०॥

divā'nugacched gāstāstu tiṣṭhannūrdhvaṃ rajaḥ pibet |
śuśrūṣitvā namaskṛtya rātrau vīrāsanaṃ vaset ||110||

During the day he shall follow those cows, and standing upright, inhale the dust; at night having attended and bowed to them, he shall rest in the ‘Vīrāsana’ posture. — (110)

Medhātithi’s commentary (manubhāṣya):

When he is living in a cow-pen, he shall follow the cows that live in that pen, when they go out to graze. The use of the pronoun ‘those’ implies that he should follow those cows in whose pen he is living; specially as, if he were to go after other cows, this would not mean constant ‘following.’

And while going along he shall inhale the dust raised by the cows.

Having wandered about with the cows, during the day, he should return to the pen with them.

Having ‘attended to them’ — served them by rubbing their bodies and removed the dust from them; and ‘having bowed to them’ — kneeling, and with his head down; — ‘he shall rest in the Vīrāsana posture.’ When one rests, neither on a raised platform nor on a bedstead, but simply by sitting down, it is called the ‘Vīrāsana’ posture. — (110)

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

VERSE 11.111

Section XI - Expiation of “Minor Offences”: Cow-killing (goghna)

तिष्ठन्तीष्वनुतिष्ठेत् तु व्रजन्तीष्वप्यनुव्रजेत् ।
आसीनासु तथाऽसीनो नियतो वीतमत्सरः ॥१११॥

tiṣṭhantīṣvanutiṣṭhet tu vrajantīṣvapyanuvrajet |
āsīnāsu tathā'sīno niyato vītamatsaraḥ ||111||

Self-controlled and free from greed, he shall stand when they stand, follow them when they move, and sit when they have sat down. — (111)

Medhātithi’s commentary (manubhāṣya):

‘He shall stand’ etc., is an Injunction.

When some cows are standing, some are walking and some are sitting, he shall do what most of them are doing.

‘Free from greed’ — coveting nothing. This is only by way of illustration; the meaning is that he shall be free from all such mental aberrations as love, hatred and the like. That this is so is shown by the epithet ‘self-controlled’. — (111)

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

VERSE 11.112

Section XI - Expiation of “Minor Offences”: Cow-killing (goghna)

आतुरामभिशस्तां वा चौरव्याघ्रादिभिर्भयैः ।
पतितां पङ्कलग्नां वा सर्वौपायैर् विमोचयेत् ॥११२॥

āturāmabhiśastāṃ vā cauravyāghrādibhirbhayaiḥ |
patitāṃ paṅkalagnāṃ vā sarvaupāyair vimocayet ||112||

When a cow is sick, or threatened with danger from thieves, tigers and the like, or falls, or becomes stuck in a morass, he shall rescue her with all his strength. — (112)

Medhātithi’s commentary (manubhāṣya):

‘Sick’ — suffering from a disease.

‘Threatened’ — caught up — ‘by danger’ proceeding ‘from thieves, tigers and the like.’

‘Sarvaprāṇaiḥ’ — with all his strength. The word ‘prāṇa’ does not always mean the life-breath; as we find such expressions ‘alpaprāṇa’ and ‘mahāprāṇa’ in the sense of weak and strong respectively. Thus, when he is unable, by himself, to rescue her, he should bring about bur rescue with the help of other men. — (112)

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

VERSE 11.113

Section XI - Expiation of “Minor Offences”: Cow-killing (goghna)

उष्णे वर्षति शीते वा मारुते वाति वा भृशम् ।
न कुर्वीतात्मनस्त्राणं गोरकृत्वा तु शक्तितः ॥११३॥

uṣṇe varṣati śīte vā mārute vāti vā bhṛśam |
na kurvītātmanastrāṇaṃ gorakṛtvā tu śaktitaḥ ||113||

In heat, in rain, in cold, or when the wind is blowing violently, he shall not shelter himself, without having sheltered the cows to the best of his ability. — (113)

Medhātithi’s commentary (manubhāṣya):

‘In heat’ — when the sun is very strong.

‘In rain’ — when the clouds are pouring down rain.

‘In cold and when the wind is blowing violently.’

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

VERSE 11.114

Section XI - Expiation of “Minor Offences”: Cow-killing (goghna)

आत्मनो यदि वाऽन्येषां गृहे क्षेत्रेऽथ वा खले ।
भक्षयन्तीं न कथयेत् पिबन्तं चैव वत्सकम् ॥११४॥

ātmano yadi vā'nyeṣāṃ gṛhe kṣetre'tha vā khale |
bhakṣayantīṃ na kathayet pibantaṃ caiva vatsakam ||114||

If the cow is eating anything in his own or another’s house, field or threshing-yard, — or when her calf is drinking (her milk), — he shall not say anything. — (114)

Medhātithi’s commentary (manubhāṣya):

He shall not prevent the cow from eating anything in the shape of corns, etc.; nor shall he tell anyone else with a view to lead him to prevent her. If, however, he ties her up for fear of danger that might befall her otherwise, — or after she has become satisfied, — there is no harm; it is, on the contrary, a favour.

Similarly he shall not prevent her calf from drinking her milk. — (114)

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

VERSE 11.115-116

Section XI - Expiation of “Minor Offences”: Cow-killing (goghna)

अनेन विधिना यस्तु गोघ्नो गामनुगच्छति ।
स गोहत्याकृतं पापं त्रिभिर्मासैर्व्यपोहति ॥११५॥

वृषभैकादशा गाश्च दद्यात् सुचरितव्रतः ।
अविद्यमाने सर्वस्वं वेदविद्भ्यो निवेदयेत् ॥११६॥

anena vidhinā yastu goghno gāmanugacchati |
sa gohatyākṛtaṃ pāpaṃ tribhirmāsairvyapohati ||115||

vṛṣabhaikādaśā gāśca dadyāt sucaritavrataḥ |
avidyamāne sarvasvaṃ vedavidbhyo nivedayet ||116||

The cow-killer, who attends upon cows in this manner, wipes off, in three months, the sin accruing from the killing of a cow — (115); and after having duly performed the penance, he shall give away cows with a bull as the eleventh; in the event of these being not available, he shall offer all he possesses to persons learned in the Veda. — (116)

Medhātithi’s commentary (manubhāṣya):

(verses 11.115-116)

He shall give ten cows and one bull.

He shall perform all the four penances, if he is capable of doing so.

If the said property is not available, he may give away all that he possesses, even if this be less than the prescribed gift

‘To persons learned in the Veda’; — i.e, to several persons, not to one or two only. In fact, this term itself has been added only with a view to lay down plurality; since it is only persons learned in the Veda who have been declared to be fit recipients for gifts.

In another Smṛti we read: — “If a cow happens to die through one’s burning fire, carrying, tying, applying the rope-noose, or the administration of some oil or medicine, — he shall shave his whole head, perform the ‘Prājāpatya’ penance, and then give away a piece of cloth.”

But this is an expiation for those cases where one does these acts rather recklessly and hence his offence is due to negligence. Since we find it laid down that — (a) ‘In tying or in medicating or in helping her in calving, if one has taken all possible care and the cow dies, there shall be no expiatory rite’; and (b) ‘If when one has administered a medicine or oil or food to the cow or the Brāhmaṇa, and death ensues, the man does not become tainted with guilt’ (Saṃvarta).

Another text lays down an expiation lasting for a month: — “He shall drink the mixture of five products of the cow, and milk at the sixth meal-time; — and at the end he shall satisfy the Brāhmaṇas with gifts and give away sesamum and a cow.”

There is yet another, lasting for a fortnight: — “He shall eat only once, fried flour, or barley-flour, or vegetables, or milk, or cards, or butter.” The various articles mentioned here are so many optional alternatives, as we shall explain later on; but the whole process is to be carried through with the same substance with which it has been begun; and one shall not eat fried flour on one day and barley-flour on the other. For instance, even though ‘Vrīhi’ and ‘Yava’ have been laid down as optional alternatives, yet, when once a performance has been begun with Vrīhi, if it happens to run short in the middle, Yava is used, only as a substitute; and it is with a substitute that the rite is regarded as having been completed; in view of this deficiency in the performance, the giving away of a cow has been prescribed. Thus then, in the case in question also, the penances are as described, and if any other optional alternative is adopted, a cow with calf should be given.

It has been asserted in Gautama’s work — ‘Gām vaiśyavat’ (22.18) [which means that for killing a cow, one should perform the Three-year-Penance and give away ten cows and a bull]; and this rule of Gautama’s pertains to the case where a Vedic scholar, learned in sacrificial rituals and an Agṇihotrin kills a milch cow with a young calf, belonging to a poor man. This same penance is to be done in its ‘one year’ form if the cow dies by chance, when the man, finding her in a field or a garden eating corns, runs after her with a view to prevent it, taking due care not to harm her. It is to be the ‘Three-year-Penance’ in the case of the intentional killing of a dry and old cow belonging to one who is not a Vedic scholar. And the ‘Prājāpatya’ penance is to be performed in the case of the unintentional killing of a cow devoid of all good points and belonging to an owner devoid of all qualities; and in the case of the killing of a similar cow intentionally, it is to be the ‘Three-year-Penance.’ — (115-116)

Explanatory notes by Ganganath Jha:

(verses 11.108-116)

See Explanatory notes for Verse 11.108.

Comparative notes by various authors:

(verses 11.108-116)

See Comparative notes for Verse 11.108.

VERSE 11.117

Section XI - Expiation of “Minor Offences”: Cow-killing (goghna)

एतदेव व्रतं कुर्युरुपपातकिनो द्विजाः ।
अवकीर्णिवर्ज्यं शुद्ध्यर्थं चान्द्रायणमथापि वा ॥११७॥

etadeva vrataṃ kuryurupapātakino dvijāḥ |
avakīrṇivarjyaṃ śuddhyarthaṃ cāndrāyaṇamathāpi vā ||117||

Twice-born men who have committed the minor offences, except the ‘immoral’ religious student, may, in order to purify themselves, perform this same penance, or the ‘Cāndrāyaṇa’ penance. — (117)

Medhātithi’s commentary (manubhāṣya):

‘This same’: — this means that the expiatory rites laid down for cow-killing are applicable to all ‘minor offences.’ And the ‘Cāndrāyaṇa’ is another optional alternative.

Inasmuch as this latter rule has been laid down with special reference to the other ‘minor offences’ some people hold that the ‘Cāndrāyaṇa’ does not apply to the case of the cow-killer.

But according to this view, it will be necessary to find out why the cow-killer has been mentioned at all among ‘those who have committed minor offences.’ — (117)

Explanatory notes by Ganganath Jha:

This verse is quoted in Mitākṣarā (3.265), as referring to cases of intentionally committed offences, and as standing for the ‘Three Years Penance’; — in Aparārkā (p. 1105), which also notes that this stands for the ‘Three Years Penance’; — in Parāśaramādhava (Prāyaścitta, p. 425) as referring to the ‘Three Years Penance’; — in Prāyaścīttaviveka (p. 394 and 463); — and in Smṛtisāroddhāra (p. 362), which says that ‘etat’ stands for the ‘Three monthly Penance’ prescribed for cow-killing.

Comparative notes by various authors:

Yājñavalkya (3.263). — ‘From the Upapātakas (minor sins), one becomes absolved either in the aforesaid manner, or by the Cāndrāyaṇa, or by the Parāka, or by living upon milk for a month.’

VERSE 11.118 [Expiation for the Immoral Religious Student (avakīrṇa)]

Section XII - Expiation for the Immoral Religious Student (avakīrṇa)

अवकीर्णी तु काणेन गर्दभेन चतुष्पथे ।
पाकयज्ञविधानेन यजेत निरृतिं निशि ॥११८॥

avakīrṇī tu kāṇena gardabhena catuṣpathe |
pākayajñavidhānena yajeta nirṛtiṃ niśi ||118||

The immoral religious student shall offer, at night, to Nirṛti, on the crossway, a one-eyed ass, in the manner of the ‘Pākayajña.’ — (118)

Medhātithi’s commentary (manubhāṣya):

‘Avakīrṇa’ means the breaking, by the Religious Student, of the vow of celibacy, — i.e., sexual intercourse, an ‘immorality’; one who has done this is ‘avakīrṇī,’ ‘the immoral religious student’

This is going to be described (under 120) as — ‘the intentional emission of semen.’

‘One-eyed ass’ — This lays down the material to be used at the sacrifice, along with its qualification.

‘On the cross-way.’ — This lays down the place of the sacrifice.

‘At night.’ — This lays down the time of the sacrifice.

‘To Nirṛti.’ — This lays down the deity of the sacrifice.

‘In the manner of the Pākayajña.’ — This prescribes the procedure to be adopted at the sacrifice.

“As a matter of fact all animal-sacrifices have for their archetype the Agniṣṭoma; as is clear from the fact that they can only be accomplished by means of the animal-sacrifices at this latter sacrifice — [so that the said sacrifice of the ass must follow the procedure of the Agnistoma, and not of the Pākayajña.]”

True; but the same Agniṣṭoma is the archetype of the ‘Pākayajña’ also; and it can be performed only when the agent is prompted by the desire for those rewards that follow from that sacrifice. Then again, it has been declared that ‘the animal also flows, and milk also flows’ [so that there is a distinct similarity between the Animal Sacrifice and the Pākayajña offerings of milk].

‘Pākayajña’ — is a name applied to the Darśapūrṇamāsa and other similar sacrifices. — (118)

Explanatory notes by Ganganath Jha:

This verse is quoted in Parāśaramādhava (Prāyaścitta, p. 436); — in Vidhānapārijāta (p. 507); — in Nirṇayasindhu (p. 191); — in Vīramitrodaya (Saṃskāra, p. 554); — in Aparārkā (p. 1140), which notes that what is emphasised here is (a) that the ass should be one-eyed, and (b) that the entire procedure of the Pākayajña sacrifice laid down in Gṛhyasūtra should be carried out; — in Madanapārijāta (p. 909), which explains ‘pākayajñavidhānena’ as the entire procedure consisting of the ‘Parisam ū hana’ and ‘Paryukṣaṇa’ and ending with the ‘Principal offerings’ to Vāta and the other deities; — it notes that the ‘night’ meant is that of Amāvāṣyā day; — and in Smṛtisāroddhāra (p. 363).

Comparative notes by various authors:

(verses 11.118-123)

Yājñavalkya (3.280). — ‘The Student becomes an Avakīrṇin by approaching a woman; he becomes purified by offering an ass to Nirṛti.’

Viṣṇu (37.35). — ‘Criminals of the fourth degree shall perform the Cāndrāyaṇa or Parāka penances, or shall sacrifice a cow.’

Do. (28.48-51). — ‘A voluntary emission of semen by a twice-born youth during the period of his studentship has been pronounced a transgression of the rule prescribed for students. Having loaded himself with this sin, he must go begging to seven houses, clothed only with the skin of the cow, and proclaiming his deed; eating once only a meal consisting of the alms received at those houses, and bathing three times, he becomes absolved from guilt at the end of one year. After an involuntary emission of semen during sleep, the twice-born student must bathe, worship the sun and recite, three times, the mantra “Again shall my strength return to me, etc.”’

Gautama (23.17-20). — ‘A Student who has broken the vow of chastity shall offer an ass to Nirṛti on the cross-road. Putting on the skin of that ass, with the hair turned outside, and holding a red vessel in bis hands, he shall beg at seven houses, proclaiming his deed. He will be purified after a year. For an involuntary discharge caused by fear or sickness, or during sleep, he shall make an offering of clarified butter, or place two pieces of fuel in the fire reciting the two verses beginning with “Retasya.”’

Do. (25.1-2). — ‘They say. — How many gods does a Student enter who violates the vow of chastity? — They announce — His vital spirits go to the Maruts, his strength to Indra, his sacred learning to Bṛhaspati, all the rest to Agni.’

Baudhāyana (2.1.30-35). — ‘A Student approaching a woman is called Āvakīrṇin; — he shall offer an ass as the sacrificial animal; the sacrificial meat-cake shall be offered to Nirṛti, or to Rakṣas, or to Yama. Or, he may heap fuel on the fire on the night of the New Moon, perform the preparatory rites required for the Darvihoma, and offer two oblations of clarified butter. After he has made the offering, he shall address the fire, closely joining his hands, turning sideways, with the following texts “May the Maruts grant me, etc., etc.”’

Āpastamba (1.26.8-9). — ‘A Student who has broken the vow of chastity shall offer to Nirṛti an ass, according to the manner of the Pākayajña rites, — a Śūdra eating the remnants of that offering.’

Vaśiṣṭha (23.1-3). — ‘If a Student has approached a woman, he shall slay in the forest, at a place where four roads meet, an ass for the Rakṣas, after kindling a common fire. Or, he may offer an oblation of rice to Nirṛti. He shall throw the oblations with the mantra — “To Lust Svāhā, etc.”’

Pāraskara-Gṛhyasūtra (3.12.1-3, 6-8).

VERSE 11.119

Section XII - Expiation for the Immoral Religious Student (avakīrṇa)

हुत्वाऽग्नौ विधिवद् होमानन्ततश्च समित्यृचा ।
वातेन्द्रगुरुवह्नीनां जुहुयात् सर्पिषाऽहुतीः ॥११९॥

hutvā'gnau vidhivad homānantataśca samityṛcā |
vātendraguruvahnīnāṃ juhuyāt sarpiṣā'hutīḥ ||119||

Having, in due form, poured oblations into the fire, he shall finally pour oblations of clarified butter to Vāta, Indra, Guru and Vahni, with the verse ‘sam, etc.’ — (119)

Medhātithi’s commentary (manubhāṣya):

The ‘oblations into Fire’ are those spoken of in the texts ‘Hṛdayasyāgre, etc.’

‘Finally’ — after the oblations have been finished, — he shall offer oblations to the Maruts, to Indra, to Bṛhaspati and to Agni, with the verse ‘Samāsiñcantu marutaḥ samindraḥ sambṛhaspatiḥ sañcāyamagniḥ siñcatu prajayā ca dhanea (?) ca’ (Atharva-Veda Saṃhitā, 7.33.1).

Since the precise ‘deities’ of sacrifices are always those indicated by the words of the mantras used at them, the words ‘vāta’ and ‘guru’ of the text should be taken as standing for ‘Maruts’ and ‘Bṛhaspati’ respectively. Hence when the offerings are actually made, the words pronounced should be ‘Marudbhyaḥ svāhā’ and ‘Bṛhaspataye svāhā,’ — and not ‘vātāya svāhā’ and ‘gurave svāhā.’ — (119)

Explanatory notes by Ganganath Jha:

This verse is quoted in Madanapārijāta (p. 909), which notes that (a) according to Aparārkā the ‘ājya — homa’ should begin with ‘Vātāya svāhā’ and end with ‘Vahnayesvāhā’ and after these ‘Principal offerings’ there should be one more offering of Ājya with the mantra ‘Samāsiñcantu etc.’ — (b) while according to Smṛtimañjarī, after the ‘Principal offerings,’ the offering of clarified butter with the mantra ‘Samasiñcantu etc.’ should be made to Suvarchala and other deities; — so that in view of these two views, this is a case of option.

It is quoted in Parāśaramādhava (Prāyaścitta, p. 436); — and in Aparārka (p. 1140), which adds the following notes: — The first offerings to be made are the offerings of Ājya with the mantras ‘Vātāya svāhā’ and so forth; — the time for the offering is the ‘night,’ and that on the Amāvāṣyā day.

Comparative notes by various authors:

(verses 11.118-123)

See Comparative notes for Verse 11.118.

VERSE 11.120

Section XII - Expiation for the Immoral Religious Student (avakīrṇa)

कामतो रेतसः सेकं व्रतस्थस्य द्विजन्मनः ।
अतिक्रमं व्रतस्याहुर्धर्मज्ञा ब्रह्मवादिनः ॥१२०॥

kāmato retasaḥ sekaṃ vratasthasya dvijanmanaḥ |
atikramaṃ vratasyāhurdharmajñā brahmavādinaḥ ||120||

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